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Home My WebLink About1992 05-19~. A G E N D A MERIDIAN CITY COUNCIL MAY 19, 1992 ITEM: MINUrlI;S OF THE PREVIOUS MEETING HELD MAY 5, 1992: (APPROVED) 1: PROCLAMATION DECLARING MAY 23, 1992 AS POPPY DAY: (READ) 2: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT BY MCBEE, INC. CANDLELIGHT SUBDIVISION: (APPROVED) 3: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT BY THE WESTPARK COMPANY; SPORTSMAN POINTE SUBDIVISION: (APPROVED) 4 : PUBLIC HEARING: PRF:T',TMTN~y pT.AT ON MERIDIAN PLACE # 3 SUBDIVISION:. (APPROVED ) 5: FINAL PLAT ON MERIDIAN PLACE SUBDIVISION: (APPROVED) 6: COVENANTS ON HAVEN COVE SUBDIVISION: (APPROVED) 7: PRELIMINARY AND FINAL PLAT ON .THE SANDMAN SUBDIVISION: (APPROVED) 8: PETER COVINA: APPEAL DECISION FROM BUILDIlVG CODE BOARD OF AQFEALS: (TABLED) 9: DAN DIXON: DISCUSSION ON POSSIBILITY OF SUBDIVIDING THE NORTHEAST CORNER OF NORTH MERIDIAN ROAD & USTICK AND CONNE('TING TO CITY SERVICES:. (DISCUSSION) 10 : DEPARTMEI~]T REPORTS MERIDIAN CITY COUNCIL MAY 19. 1992 The Meridian City Council Meeting was called to order by Mayor Grant P. Kingsford at 7:30 P. M. Members Present: Ron Tolsma, Bob Giesler, Max Yerrington, Bob Cowie. Dthers Present: Liz Bolts, Sara Ewing, John Venable, Jim Johnson, Paul McLeod, Terry Smith, Frank Thomason, Wayne S. Forrey, Larry Bertetto, Peter Covino, Lorrie Dixon, John Ewing, Gary Smith, Daunt Whitman, Bill Gordon, Wayne Crookston, Greg Johnson, Pat Tealy, Fred Hall, Gary Hunemiller: MINUTES OF THE PREVIOUS MEETING HELD MAY 5, 1992: The Motion was made by Tolsma and seconded by Yerrington to approve the minutes of the previous meeting held May 5, 1992 as written: Motion Carried: All Yea: ITEM #1: PROCLAMATION DECLARING MAY 23, 1992 AS POPPY DAY: Kingsford: Read Proclamation declaring May 23, 1992 as Poppy Day. ITEM #2: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST W/PRELIMINARY PLAT BY MCBEE, INC. CANDLELIGHT SUBDIVISION: Kingsford: I will open the Public Hearing and invite a representative to address the Council. Pat Tealy, 479 Main Street, Boise, was sworn by the attorney. Tealy: I am representing the developer McBee, Inc., there is also another representative of the developer. This is approximately 41 acres on the corner of Ustick and Ten Mile. We originally applied for an R-8 zone. The only reason we applied for an R-8 was we had about 7 lots in the subdivision down around 7,000 sq. feet, there really wasn't any other way. The density will be 3.2 units per acre. Nine Mile Drain runs through the property and it is bordered by two Collector Street's. The exterior lot size is 11,000 to 12,000 sq. feet and the interior size 8,000 to 10,000 sq. feet. The houses will be a minimum of 1420 sq. feet - prices were stated to Planning and Zoning from #150,000 to 6200,000, but we would like to change that to from 61 10, 000 t o 6160, 000. Cowie: There was one comment from the Fire Department about Plymouth Way going into adjacent property so there would not be property land locked. _, • MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 2 Tealy: The adjacent property would have access direct from Ustick Road. Discussion held on whether a few lots could be zoned R-8 and the balance R-4. Tealy: We have no objections to R-4 zoning as long as we can still get 116 lots in. If this creates a zoning problem we would have no problem with requesting a variance or whatever was necessary as long as we get 116 lots. Crookston: Suggested zoning R-8 with a development agreement which would restrict the property to what the developer had proposed (lot size, house size, etc. ). Kingsford: Thank you. Anyone else? No response. I will close the Public Hearing. The Motion was made by Tolsma and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law as prepared for Planning f& ZZoning with a development agreement with ins~ea~ato~'n~1~0,000etoh~~~l~,0~01ansd tooa11ow1~fo000ontractizon~Gng on the condition for an R-8 Zoning. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Giesler to have the attorney prepare the Ordinances for zoning and annexation for Candlelight Subdivision. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT BY THE WESTPARK COMPANY; SPORTSMAN POINTE SUBDIVISION: Kingsford: I will open the Public Hearing and invite a representative to address the Council. Greg Johnson, 5137 N. Leather Place, Boise, was sworn by the attorney. Johnson: We are requesting the annexation and zoning for 278 lots that consists of approximately 88 acres. The density will be 3.16 per acre and it's an R-4 zoning request. There's a portion of this proposal, approximately 35 acres on the southeast • MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 3 corner that is currently not served by the Urban Service Planning Area. That portion that is outside of that area we can't act on until it's either included in the Urban Service Area or not. The Planning and Zoning had made a recommendation of house sizes of 1500 square foot houses on everything except the westerly lots that border Meridian Greens and they had recommended 1600 square foot lots along there. I would like to request that that be 1500 square foot minimum homes on all the lots except lots bordering the Meridian Greens Subdivision and those lots would be 1600 square foot minimums. It is anticipated that our house price ranges will run around a minimum of (100,000.00 and go up to X150,000.00. We are planning on doing the road expansion on Overland and also providing a berm landscaping strip there as well as on Locust Grove. There's also a community park planned in the subdivision. We are targeting a market just a notch below what Meridian Greens is addressing and we feel that right now there is a need for that type of house in Meridian. Any questions? Yerrington: What's the size of your community park? Johnson: Just over 2 acres. Kingsford: Do you have a legal on that portion that is currently inside of our Urban Service Planning Area? Johnson: We have not prepared that, but we are preparing it with the final plat. Kingsford: We have to have that to annex. Johnson: We will provide that immediately. Giesler: If the Urban Service Planning Area was not approved is there a problem with the rest of the project? Johnson: We would pursue the rest of the project. Giesler: Is that just the bordering lots that you would build the larger homes on or are you coming in a ways? Johnson: I'm asking for the restriction of the minimum of 1600 for just the lots bordering Meridian Greens. We are anticipating a lot of these homes being in the 1800 to 2000 sq. feet. Giesler: My concern is whether that's far enough into the project with that minimum. • MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 4 • Johnson: We may further restrict it with covenants as we get into those deeper phases. Kingsford: Anyone else to testify? Larry Bertetto, 665 E. Antigua, was sworn by the attorney. Bertetto: The only concern that we had is that the owner boost the sizes of the homes up to 1600 square feet. We are not in favor of the smaller homes. Those along the Nine Mile ditch we would ask that those have shake roofs to match the subdivision next to it and the setbacks could be 10 foot since it is a wider lot to offer those people along that canal some type of a view since it's a larger lot. Kingsford: Having not seen your restrictive covenants, what do you plan for roof covenants? Johnson: Throughout the subdivision we plan on restricting it to shake roofs or architectural asphalt shingles. The lots along Eight Mile Lateral are the ones that border Meridian Greens, those are 100 x 155 foot lots, it would take a very large house to block view. I would rather not restrict it to further setbacks than what Meridian Greens is already complying with. We plan on building some nice homes along there. I would prefer to leave the setback as is. Kingsford: Anyone else? No response. I will close the public hearing. Giesler: Would the issue of all the homes bordering Meridian Greens having shake roofs be brought up at this time or would it be more with the covenants? Kingsford: Most likely covenant would be appropriate. Crookston: If your going to make that a condition of annexation now is the time when you do it. Giesler: What about the water pressure? We should be alright with the booster, correct? Kingsford: The piece of equipment that Gary is talking about is two things, one of them will do eight hundred lots effectively and then an additional one what does that one cover Gary? • MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE S Eng. Smith: Initially having three pumps and a booster station, initially there would be a variable speed pump that would have a capacity of 200 - 800 gallons per minute and the other two pumps effectively added to that would increase the capacity to 2500 gallons per minute. We would be able to service all of Meridian Greens and Sportsman Pointe without any problem. The Motion was made by Tolsma and seconded by Giesler to approve the Findings of Fact and Conclusions of Law as prepared for Planning and Zoning for Sportsman Pointe Subdivision. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to have the attorney prepare the Ordinances for annexation and zoning with the stipulation that the bordering lots to Meridian Greens will have shake roofs. Motion Carried: All Yea: ITEM #4: PUBLIC HEARING: PRELIMINARY PLAT ON MERIDIAN PLACE #3 SUBDIVISION: Kingsford: I will open the Public Hearing and invite a representative to come forward and be sworn. John Ewing, 3732 Sugar Creek, was sworn by the attorney. Ewing: We did make a few changes on the plat and passed out copies to the Mayor and Council. Another item that was needed was the covenants and I have those also. There are a couple of recommendations that Planning & Zoning had and I'd like to visit about those. To start with we have built this subdivision around an R-8 zoning, at the time when we purchased the property it was R-8 and so we designed around R-8. Some of the recommendations that Planning 8 Zoning has asked the City Council to act on - well they wanted a minimum of 1300 sq. foot houses, walked a walk way to the school and did not want any duplex lots. We feel like that with our zoning of R-8 and that we've had that every since we've purchased it, we'd like to keep those R-8 rules just in tact. We have went through and showed on the plat where our • MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 6 smaller houses are going to be, we've only ended up with two smaller houses. We've got six to seven houses that are 1100 to 1200 square foot houses and fourteen lots that are going to be 1200 - 1300, and then thirteen lots are going to be 1300 and above and then we have six duplex lots. We would like to work with the City on the pressure irrigation system and to pay a fee. There is 41 building lots on this and we are proposing to design that out or we would give that to the City as a well lot if there is a need. Kingsford: What we'd have to have is 100 x 100. Could those lot lines be adjusted? Ewing: I think with a little bit of work we probably could. Discussion on well lot possibilities. Giesler: If the walkway was required where would that be? Ewing: What they had talked about is probably just to split these lots. One of the reasons we did not, is when we originally put this plat together the school did not sound real favorable to having a walkway. If the school thinks its fine and no-one is worried about added traffic, it's not a big issue with us. We can put the sidewalk and the fence in there. Giesler: That will be completely fenced around the school or is it already fenced? Ewing: It's already fenced. Kingsford: Thank you. Is there anyone else to testify? Liz Bolts, 984 Claybourne Drive, was sworn by the attorney. Bolts: I am opposed to the building of any homes under 1300 square feet. I feel that those would bring down the value of my home with 1100 square foot homes and duplexes. Most likely duplexes turn into rental's which people normally don't take as much pride in a rental as they do if it was their own home. Voiced concerns about traffic problems and would like added patrol from police department. The water situation is another problem. I 'd like somebody to look into that again. Kingsford: Thank you. Anyone else to testify? Fred Hall, 904 Claybourne, was sworn by the attorney. • MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE ? C~ Hall: Voiced same concerns about house size & the duplexes. I pretty much agree with what Planning & Zoning put forth to you guys. Kingsford: Thank you. Anyone else? LaRue Longhurst, 2141 NE 10th, was sworn by the attorney. Longhurst: I'm concerned about Chief Joseph, it is already over capacity right now. This will just add more to the school. Kingsford: Thank you. Anyone else? Jim Howard, 2626 N. 32nd, Boise, was sworn by the attorney. Howard: I an the engineer for Mr. Ewing. I only had one question is that the Council perhaps on the recommendation of the attorney that they provide minimum square footages on the plat. I'm hoping that maybe some consideration will be given in the future to drop that or at least put it in note form. That there are certain building sizes imposed by the City of Meridian and that they should check there. Kingsford: Thank you. Anyone else to testify? Sara Ewing, 2230 E. Fairview, was sworn by the attorney. Ewing: I'm one of the people that wanted the duplex lots scattered in this subdivision and I feel like that neighborhood I've seen that have had them scattered through, they are fairly nice looking and some people do have to rent. We want to accommodate all types of people in Meridian. Kingsford: Thank you. Anyone else to testify? Lori Dixon, 2137 N. Sapphire, was sworn by the attorney. Dixon: Voiced concerns about school overcrowding. Kingsford: The School District does have a committee that is looking into sites for new school's but we all know those new school's are to be built from bond issues. Dixon: The other thing too, I feel there needs to be more police in that area. The other thing is that the Fire Department is a volunteer department. r~ MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 8 • Kingsford: We do have two full time firemen and we are working each year to add more. Dixon: Okay. If the square footage was 1300 - does that mean 1300 on each side of the duplex or in the whole duplex? Kingsford: Your talking about 900 in each side. Dixon: I'm uncomfortable with it being that small. Jim Johnson: Explained Planning & Zoning decisions and recommendations on these requests and stated they need some kind of guidelines for footages, duplexes and so on. Kingsford: I agree with all of the recommendations that came down, I just don't want to get us sued. If it's a new development you can place those and they are appropriate. Anyone else to testify? No response. I will close the public hearing. Giesler: Mr. Ewing, what is the price range of the homes? Ewing: We had not thought about that, but I would guess somewhere in the neighborhood of f86, 000.00 to X130, 000.00. Giesler: I'd like to ask Mr. Hall where he lives, in what subdivision? Hall: I live in Meridian Place #1. Giesler: And how about Ms. Bolts? Bolts: I live in Meridian Place #1 also. Giesler: I quess one of the main questions is the duplex lots. I personally feel that it's something that's good. Kingsford: Duplex would still have to meet our two car garage requirements, is that correct? Crookston: That's correct. Carrie: I feel that the Planning and Zoning's recommendation that the square footage of the home is 1300 square foot is a good one. I think that 1000 sq. foot homes are to small. I would compromise to allow the duplex but I feel the 1300 square foot minimum should be put into this subdivision. I think the walkway would still be a good idea. MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 9 • Tolsma: I also agree with the 1300 square footage requirement. I don't care for the walkway to the school because like they said they will just run down to the end of the culdesac and drop them off. I would go along with the duplex lots also. Yerrington: I don't agree with Bob, I agree with the other two. Kingsford: I agree with what the three of you have said in part, I have some real concerns that this City has Ordinances that property is zoned that people can go out and buy that property in good faith and have those rules change. Crookston: Was this initially platted? Clerk Niemann: No. Crookston: It was zoned R-8? Clerk Niemann: Yes. Crookston: The legal basis for requiring anything other than what our Ordinances allow is difficult to support. Corrie: Since the request was previously approved in May of 1990 there is no extension requested therefore, does that mean that R- 8? Kingsford: No, is was zoned and annexed back when Mr. Harmon bought that property, probably about 1978. The Motion was made by Giesler and seconded by Yerrington to approve the preliminary plat on Meridian Place #3 and that the square footage of the homes comply with our Ordinances and the duplex lots be allowed and that the walkway to the school not need to be included in that unless the developer wants it. Kingsford: I'd certainly like to see that walkway be pursued. Giesler: My concern was the location that they put it. I will withdraw my motion. Yerrington: I withdraw the second. MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 10 The Motion was made by Giesler and seconded by Yerrington to approve the preliminary plat on Meridian Place #3 and that the square footage of the homes comply with our Ordinances and the duplex lots be allowed and that the walkway to the school be allowed and that lot #23 be included to possibly be a well site far the City of Meridian. Motion Carried: All Yea: ITEM #5: FINAL PLAT ON MERIDIAN PLACE SUBDIVISION: Cowie: I guess we have a couple of controversial areas in the Engineer's comments. #4B will have to be changed, right? Eng. Smith: Yes. Cowie: Any other problems that you have? Eng. Smith: There was concern from the property owner that lives to the west of the subdivision concerning access to his irrigation box. The short length of drain ditch that exists running north and south in the southwest corner of this subdivision apparently, and I haven't been out to verify it, is on this property and the property owner to the west has concern that if that isn't piped with a perforated pipe that it could cause some drain water problems in that area. The other thing is the easement for the Jackson Stub Drain, that needs to be coordinated with Nampa Meridian Irrigation District along with the method of tiling that ditch and I need to have a copy of that approval letter before I can sign the plat. The Motion was made by Corrie and seconded by Giesler to approve the Final Plat on Meridian Place Subdivision with the stipulation that the City Engineer's comments all be meant. Motion Carried: All Yea: ITEM #6: COVENANTS ON HAVEN COVE SUBDIVISION: The Motion was made by Yerrington and seconded by Giesler to approve the Covenants on Haven Cove Subdivision conditioned upon the attorney's recommendations being meant. Motion Carried: All Yea: MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 11 ITEM #7: PRELIMINARY AND FINAL PLAT ON THE SANDMAN SUBDIVISION: Kingsford: This should be a public hearing so at this time I will open the public hearing on that issue. Is there anyone to offer testimony? Gary Hunemiller, 3955 Argonaut, Boise, was sworn by the attorney. Hunemiller: We agree with what the Planning & Zoning brought up at their meeting and I have a copy of the site plan with the drainage and the moving of the street light and the sand and grease trap that is in the sewer easement at this time. We agree to all the requirements. Kingsford: Any questions for Mr. Hunemiller? None. Anyone else to testify? No response. I will close the public hearing. The Motion was made by Tolsma and seconded by Yerrington to approve the preliminary and final plat on Mr. Sandman subdivision conditioned upon meeting all the Engineer's requirements including the moving of the grease trap. Motion Carried: All Yea: ITEM #8: PETER COVINO: APPEAL DECISION FROM BUILDING CODE BOARD DF APPEALS: Peter Covino: Handed out copies of the building code showing two categories - showing assembly hall or amusement building with their appropriate definitions. My problem is with the definitions in the book, I want to follow definitions as written in the code book and the person who issues these codes out doesn't see the code the same way that I do. Take a look at those definitions and understand that the definition that says amusement was based on this code because of a haunted house situation. As you know I'm trying to put in a plat gun recreation and in this facility across the street I plan to build a few structures. In this structure there are exit signs, the building is lite at all times during the games and nobody is forced to go in any specific direction. From any place you stand you may see exit signs and exit paths out. Because of that, some people have offered an explanation of what your looking at. I went to the person who issues out the State examines and he agrees with a person who is on the County Board, his conclusions u MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 12 • concur with mine, the State and as we find out Daunt also wrote to the National Board who wrote the manual and he got a response from the man who actually wrote the code. All of these people seem to agree that the fundamental consideration of - well go ahead and read those first. Kingsford: Did this Mr. Smith review your plans or was he in the building? Covino: He hasn't been in the building but he has seen the plans. Kingsford: And those are architectural plans? Covino: Yes. The State Examiner also saw them. I have the man from the National Board who actually wrote that code and you will note that he points out the very thing that I have quoted from the book and that is, if these exit signs are not readily available then it would be an amusement building. But if there are exit signs and they are not distracted and they are visible, this is clearly not the definition that it was intended for. I have offered to the Building Inspector that before we move in for occupancy he may verify all these things which he naturally would do and if we were by chance missing an exit that he thought there should be one or missing a light someplace where he thought there should be one I don't have a problem with adding it. I have no problem with adding smoke alarms if that's necessary. The big difference between the two codes is an automatic fire sprinkler, which basically exceeds the costs of the whole project. Kingsford: What would you consider being shot at in a game, would that not be a theatrical distraction? Covino: I'm being distracted talking to you but I don't see an exit sign over here real quick. That doesn't even seem relevant. Kingsford: Do they have to wear goggles? Covino: Yes and we keep them very clean. Kingsford: They never have any paint on them? Covino: Oh sure it will happen on occasion. Corrie: In your testimony Mr. Covino you said that they would have to, there would be open space but underneath there will be some corridor's they have to go through. MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 13 Covino: They are not exactly corridor's, actually you can see through them. They are both half walled and screened walled, meaning you may have a wall that's just like your counter here and they could see over it and shoot over it. Corrie: On this two story castle that you propose to build inside there, it says 8' ceilings, are those just poles or? Covino: In some areas. Corrie: There's no enclosing of any kind in there other than half of eight foot walls? Covino: In some portions it will go to the ceiling and some portions it won't, it is a mixture. Corrie: And they will be behind that or crawling? Covino: No crawling, everything will be on foot. Corrie: So your saying this is an assembly building used as amusement and you don't want to put a sprinkler system in. Covino: This is the main objection. The Motion was made by Giesler and seconded by Tolsma to table this until the next Council meeting. Motion Carried: All Yea: Crookston: This first handout you handed out what is this taken from? Covino: Out of the code book or the other book maybe Daunt would know. If you'll give me a day or two I'll find out where that's from. ITEM #9: DAN DIXON: DISCUSSION ON POSSIBILITY OF SUBDIVIDING THE NORTHEAST CORNER OF NORTH MERIDIAN ROAD & USTICK AND CONNECTING TO CITY SERVICES: Dan Dixon: There is some people down in California that own some property on the northeast corner of Ustick and Meridian Road. That's not adjacent to any one of your current City boundary lines so my understanding is that it can't be annexed into the MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 14 • City as a result of that. How would you all feel about maybe having somebody come in there and develop that and use the facilities that you've put out there? This is a proposal in theory right now. Kingsford: First off your looking at two trade offs, we'd certainly like to see it in the City of Meridian if it were developed because then we'd get the appropriate building permit fees. Then if you don't do that in trade off your looking at double hookups. I'd suggest to you that on that side of the development you'd be wise to get an annexation just from a cost standpoint. I'd hate to recommend to the Council that they approve it outside of the City limits. Get some of those people to agree to be annexed. Dixon: That is going to be a very difficult thing to do. In other words the basic answer would be no. Kingsford: We are putting that line in there for a particular reason, we expect to get a return on our investment and we'd like to see that but on the same token I'd just as soon see the City get those building permit fees as to see the County get them. I'd personally like to see it in the City. Thank you. ITEM #10: DEPARTMENT REPORTS: Chief Gordon: Last Friday, if you didn't hear, we were involved with a marijuana bust just south of town and it was one of the most sophisticated grow operations in Idaho. Kingsford: Thank you. Chairman Johnson: On the basis of your discussion and what you did tonight regarding the Meridian Place Subdivision #3, the Planning and Zoning Commission now has some questions as to what we can do and what we should do with respect to our recommendations to you. (Explained further) Kingsford: I would support your recommendation on any new development, but when you have something that's already zoned you really would open yourself up to a good deal of liability if we were to say we can give you this zone and our ordinances allow these things but you can't do them. Now if they come in and request an R-8 zone then I think your right on target. Thank you. Corrie: I agree with you to keep the R-4 and above keep coming. ~. i • • MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 15 Daunt Whitman: I will follow up on getting some information from some other building officials for Mr. Covino's splat gun request. Eng. Smith: I think everyone has a copy of our water well application and you can review that and if you have any questions I can certainly try and answer them for you or get additional information. Kingsford: Thank you. Wayne Forrey: The Foreign Trade Zone Block Grant Application was scheduled to be submitted on Monday of this week but Service Transportation decided to wait until the August 15th deadline for their next funding cycle. The NW 11th ditch cleaning I've talked to property owners out there and since Roto Rooter went in there's been no complaint's. The City is working with one of the property owners that has an open ditch to get them to pipe that so it can hopefully prevent that in the future. On the Glennfield Manor #2 about the open canal, the Mayor's letter went out and May 15th was the deadline but I've only seen one response and that was a gentleman that said he liked the open ditch. Kingsford: I thought I read a couple others that said they thought it ought to be piped but they weren't about to pay for it. Forrey: That deadline has come and gone so maybe we need to get all those letters and go forward. (Discussion) At our last downtown development committee meeting that was here last Thursday, the Mayor recommended in order to move this Phase II Block Grant Project along that we have a split bid. The land acquisition is tending to hold things up waiting for an acquisition offer and also some tests and some uncertainties around that. I met with the Department of Commerce and they have approved that so we will proceed post-haste on getting the street project going.. tDiscussion on purchase on Parcels A,B 8 C) You asked me to take some time and put together a Gem Community Action Grant and we are working on that and we've also made a ~. .r A MERIDIAN CITY COUNCIL MAY 19, 1992 PAGE 16 donation to the City to help you get that X10,000.00. That application has to be completed by the end of this month and we are schedule to do that. Bernice is still trying to find about X4,000.00 of matching money so if you know of any local business or individual that wants to donate to the City, we need to have X10,000.00 in order to get (10,000.00 from the Department of Commerce for a total of X20, 000.00. Lastly, I just want to say thanks for your support on this East First Project particular the LID. Kingsford: I hope you guys have taken a look at the jail committee recommendation for the proposed bond issue for expansion of the County jail and I would ask for your consideration to go on record as endorsing that if you would. The Motion was made by Yerrington and seconded by Tolsma to support the jail bond. Motion Carried: All Yea: The Motion was made by Corrie and at 9:40 P. M. . Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) seconded by Tolsma to adjourn APPROVED: G NT P. K I NGSFO , R ATTEST: K NI N, C I TY CLERK t E. FIRST STREET PROTEST HEARING MAY 19 1992 The Hearing was called to order by Mayor Grant P. Kingsford at 7 : 00 P. M. Members Present: Ron Tolsma, Bob Giesler, Max Yerrington, Bob Corrie: Others Present: Bill Lawson, Brent Algers, Wayne Forrey, Wayne Crookston, Gary Smith, Jerry Mortenson, Jim Johnson, Terry Smith: Kingsford: If there's anyone present who wishes to protest, please come forward and be sworn. Bill Lawson, 516 S. Latah St., Boise, was sworn by the attorney. Lawson: I'm here representing Mary Lawson, I am her son. I'm here to protest the assessment against 717 E. First. We feel that the value of the assessment is disproportionate to the value of the property. It's disproportionate to the income that Mrs. Lawson derives from the property and the benefits she got from the LID work is not proportionate to the assessment. Mrs. Lawson has been retired for ten or fifteen years, she lives on a fixed income. I have here her 1991 tax return to attest to the income she derived from that property. In 1991 it was X3475.00. The assessment amount is X931.00, that's equal to about 27% of the income she derived from that property. I'm here to ask you to either reduce the amount or alternatively defer it or distribute it over a term of years and in no event to raise that assessment. Kingsford: Mr. Forrey what is the time period that is to be spread over anyway? Forrey: Ten years. Lawson: Okay. I don't think that she understood that. Kingsford: Thank you. Anyone else? Jerry Mortensen, 1505 E. First, was sworn by the attorney. Mortensen: I want to speak to some of the contracting work that was supposed to be done. that hasn't been completed. Addressed sprinklers and landscaping that is not completed. Kingsford: Thank you. Wayne Forrey, 3045 Thayen P1., Boise, was sworn by the attorney. Forrey: Mr. Mortensen thank you for the letter. We did talk with Hillside Nursery today and they are going to contact you directly and get those sprinklers fixed. -.,,. ~ ~ • LID PROTEST HEARING MAY 19, 1992 PAGE 2 Kingsford: Anyone else? Walter R. Johnson, 1083 Justin Place, was sworn by the attorney. Johnson: I have a comment more than anything. We did have a some problem with the water being shut off and I understand that's been corrected again. I got the impression when we first started talking about this that these add-on projects would be kind of at a bargain price because the contractor was already there. From what I've compared since the assessment fees, I don't think we got any particular bargain on that. Kingsford: Thank you. Tolsma: I have a comment from Lee Sells, he said that the sod on his property is to high and his flood irrigation now does not irrigate, it runs over the sidewalk and into the street. Kingsford: I'd recommend that the Council be advised that the letters that we received in protest be entered into the record as well. Anyone else? No response. I will close the public hearing. The Motion was made by Giesler and seconded by Yerrington to approve the LID Assessments for downtown project 90-1. Motion Carried: All Yea: Giesler: Maybe we could make sure that the property owners are aware of the time frame to pay these assessments. Forrey: Just as a follow-up to the Council concern and the property owner concern about getting this wrapped up properly. In that letter to American Paving the City did indicate a dead line and that if things weren't completed that the City would go ahead and get those items done with another contractor and pay for that out of the retainage. There's a couple items in front of the Meridian Photo Shop that have been nagging problems and we contacted American Paving and asked them if they were going to get those fixed and they said no why don't you just take it out of retainage. We've been working on these on a one on one basis without invoking the City Attorney, so they are working with us now. I suspect tomorrow or the next day we'll find a contractor to repair that glass and etc. and hold that out of retainage. Tolsma: I was down at Foodtown and they thanked us for the striping that they did but they would like to know if they can get the crosswalk restripped again also. 'r _~ f • LID PROTEST HEARING MAY 19, 1992 PAGE 3 Forrey: Yes they will. Eng. Smith: I have talked to the Highway District and they are going to put that on their schedule. Discussion. tSee tape) The Motion was made by Giesler and seconded by Tolsma to adjourn at 7:20 P. M. Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: RANT P. KINGSFO D, OR ATTEST: • ~i May 15, 1992 MAYOR COUNCIL MEMEERS ATTORNEY MR. PETER COVIl~TO REQUESTID A BUILDING CODE BOARD OF APPEALS MEETING PETER THE CITY OF MERIDIAN BUILDING DEPT ADVISED HIl~I WHAT HE NEIDED TO DO TO OCCUPY THE CREAMERY BUILDING FOR THE SPLAT GUN OPERATION. THE BOARD OF APPEALS MET ON MAY 11, 1992 AND HE IS NOW APPEALING THEIR DECISION TO THE CITY COUNCIL: ATTACHED IS A COPY OF THE PRDCEIDINGS FR~I~THE BOARD OF APPEALS: JACK NIEMANN CITY CZFIZK • • _~TERT%~T~;,TI :T'i'~ CC;iIP:C_~'L i AAi REC?UESTITIG ~~I :'~C~P~;,L F.P.+")hi THE APPEAL ~3QARD ~P7D OR A VA~~.IAP7(~F TC: THE CODE AS THE BUILDII'dG IidSPECTOR IT1TF,RPRETS THE CODE cTT,I+~ERELY, ~k=''C-~~~``-~ FFTr;~ COVI~O, JR. _ r=<.'iTCi-iA CI~AT~LEY?Gx? . YPIC; . ~~,~iq a pM l~ Arlan Smith C_B_0_ 6893 Valley Heights Drive Boise, Idaho 83709 (ZU8-~ 36Z-3587 May 8, 1992 Peter Covino 4'260 ~Ie~nture .Meridian, IU 83642 RE: ~Jnl.fOri]] Builcing Code requirements for the. installation of an automatic fire-extinguishing system in an amusement building, Dear Mr. Covino: You have as}; Ine for my interpretation of the' re~auirements of Uniform Building Code (UBC) Section 3802(c)6. In response to that request I atn writing. this letter. Please understand that the UB(: specifically gives the responsibility for interpretation of .the code to the building official and the board of appeals. T offer. .this information to you to aid you in you negotiations with these parties. I do not speak for Ada County. in offF~ring this information. Those with whom ,you share this information should note that I have not received nor have I been promised any compensation, for this material. It is offered because alI of us in, 'the building code and construction business are best served by' consistent and uniform code application. UBC Section 3802(c)6 clearly requires an automatic fire- extinguishing system in an amusement buildings. As ,you explained your situation to me the g.uestion is what is an amusement building'? For building code purposes the definition. is as found in UBC Section 402: AMUSLMFiN'P BUILDING is a building or portion thereof, temporary or permanent, used for entertainment or educational purposes and which contains a system which transports- passengers or provides walkways through a course so arranged that the required exits' are not apparent due to theatrical distractions, are disguised or . not readily available due to the method of transportation through the building or structure. To understand this definition you need to note the use of the words "and" and "ox'" . For a building to be an amusement building the conditions on both side of the "and" must exist. Any one of the conditions ~ioined by an "or" would qualify the building. This definition has one "and". Both of these conditions must be present for the building to be an amusement building. The, two- - conditions are:. r~~~~~ - ,f ~ Fn1 ~c~.C~ i Y~Y ~q,11'rp]fCl V~ %' '' '` ~ ~71I ~` 1WI11011 L J/i. ~7r' ~ I[07F. BOARD OF DIRECTORS CHAIRMAN JAMES L. MANSON, C.B.O. DIRECTOR, DEPARTMENT OF BUILDINGS COUNTY OF SPOKANE SPOKANE, WASHINGTON FIRST VICE-CHAIRMAN PHIL M. HERRINGTON, C.B.O. DIRECTOR, DEPARTMENT OF BUILDING AND SAFETY RENO, NEVADA SECOND VICE-CHAIRMAN BOB FOWLER, P.E., AIA, C.B.O. DIRECTOR OF BUILDING INSPECTION ABILENE, TEXAS IMMEDIATE PAST CHAIRMAN EUGENE J. ZELLER, P.E., C.B.O. SUPERINTENDENT OF BUILDING AND SAFETY LONG BEACH, CALIFORNIA RON BULLOCK CHIEF BUILDING OFFICIAL SANDY, UTAH PAUL T. EDGERTON MANAGER, BUILDING DIVISION VANCOUVER, WASHINGTON ROBERT J. EPPSTEIN, C.B.O. DIRECTOR. BUILDING AND SAFETY FREMONT, CALIFORNIA JAN P. GASTERLAND, C.B.O. BUILDING CODE OFFICER ST PAUL, MINNESOTA DOUGLAS E. HOOD, C.B.O. BUILDING OFFICIAL CHANDLER, ARIZONA - KENNETH G. LARSEN, C.B.O. DIRECTOR OF BUILDING AND HOUSING CHULA VISTA, CALIFORNIA GORDON W. MURDOCH, P.E., C.B.O. BUILDING OFFICIAL DANA POINT, CALIFORNIA ALAN P. OLSON, R.A., C.8.0. ASSISTANT DEVELOPMENT SERVICES DIRECTOR PHOENIX, ARIZONA RON PERKEREWICZ, C.B.O. DIRECTOR OF COMMUNITY DEVELOPMENT COUNTY OF KITSAP PORT ORCHARD. WASHINGTON THOMAS R. THOMPSON, C.B.O. BUILDING OFFICIAL BROOMFIELD, COLORADO ROBERT D. WEBER, P.E., C.B.O. DIRECTOR, DEPARTMENT OF BUILDING COUNTY OF CLARK LAS VEGAS, NEVADA ALLEN O. ZEPPER, C.B.O. BUILDING OFFICIAL STILLWATER, MINNESOTA FAX NUMBERS Order Department (213) 692-3853 Plan Review (213) 692-3425 ICBO ES, Inc. (213) 695-4694 Administration (213) 699.8031 Northern Calilornia (510) 463-3295 Indiana (317) 879-0966 Missouri (816) 741-9475 Texas (512)343-9116 Washington (206) 637.8939 International Conference of Building Officials May 5~, 1992 OFFICES OF .E PRESIDENT. JAMES E. BIHR, P.E. EXECUTIVE VICE-PRESIDENT DONALD R. WATSON, P.E.- - - Daunt Whitman Building Official City of Meridian 33 East Idaho Meridian, Idaho 83642 SUBJECT: Amusement Building Classification Section 402 - Uniform Building Code, 1991 Edition Dear Daunt: This response is provided to your inquiry of April 2, 1992 ,regarding the occupancy classification of a proposed indoor recreation area. Q: What criteria should be applied to determine if an amusement building classification is appropriate? A: A fundamental consideration is the availability of a clearly defined - exi~ath from the structure to a public way. The amusement building definition in Section 402 applies when "required exits are , not apparent due to theatrical distractions are disguised or not readily available". Such a limitation also to darkened rooms,. special lighting effects, smoke induced atmosphere and other similar conditions. The proposed use of "caves, castles and bridges" should be evaluated in accordance with the above discussion in order to classify the building use. If the proposed use is considered an amusement building, the appropriate occupancy classification is a Group A, Division 3 or A2.1 depending on the occupant load established in accordance with Table No. 33-A. If the occupant load is less than 50, a Group B, Division 2 Occupancy would be appropriate. However, such amusement buildings should. comply with Section 702(c) 7. Main Office: 5360 South Workman Mill Road Whittier, California 90601 (213) 699-0541 ~ ' C c0 C ~" 'C ~ OA .D ~ '~ N p y N vOi ~ .`~. !~„ "vi •~ ~ N lU.. '. 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''}'(::1;..!f~i I ;I::::`::>!=' t:!I`•-I:::il:::: ,. :{:ir (::! :I: ;i I::_ 4 :I: I:'1 f~'i I-~ (::! !::! :'; ~:i ~: r r'.:+ ~! f. ~~ Vi ~ "~ ~ ~ ~ e~ >, ~ ,, ~- HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NIEMANN, City Clerk CITY OF ME JANICE GASS, Treasurer RIDIAN BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO EARL WARD, waste water supt. MERIDIAN IDAHO 83642 KENNY BOWERS, Fire Chief , BILL GORDON, Police Chief Phone (208) 888-4433 GARY SMITH, City Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor PROCLAMATION POPPY DAY MAY 23, 1992 COUNCILMEN RONALD R. TULSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON WHEREAS, the American Legion Auxiliary, Lloyd E. Hutcheson unit, Post #113 will observe Poppy Day in the City of Meridian; THEREFORE, as Mayor of Meridian, I do hereby proclaim Saturday, May 23, 1992 as Poppy Day and urge all residents to join in out salute. GR T P. K I NGSF RD, M