HomeMy WebLinkAbout1989 11-21•
A G E N D A
MERIDIAN CITY COUNCIL
NOVEP'1BER 21, 1989
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER 7, 1989: (APPR7VID)
MINUi~'S OF THE SPECIAL MEETING HELD NOVE[~ER 13, 1989: (APPROVED)
1: BURTON BRENNAN, KEYS CONSTRUCTION: TABLID AT LAST MEETING: (REFUND APPROVID)
2: CONDITIONAL USE PERMIT FOR PETER COVIIQO & AMYX FAMILY LTD AT 27 EAST
BROADWAY: (TABLID)
3: APPROVE CHANGES ~ FINAL PLAT ON GII~1 PARK SUBDIVISION: (APPROVED)
4: DEPARTD's'16NN'T REPORTS:
C~
MERIDIAN CITY COUNCIL
•
NOV. 21, 1989
The Regular Meeting of the Meridian City Council was called to order at 7:30 p.m.
by Mayor Grant Kingsford:
Members Present: Ron Tolsma, Bery Myers, Bob Giesler, Walt Morrow:
Others Present: Peter Covino, Burt Brennan, K. Beumeler, Greg Johnson, Wayne
Crookston, Gary Smith, Bill Gordon, Max Yerrington, Daunt Whitman, Colleen LeMay,
Paul Stutzman, Member of Scout Troop #166, Bobbie Doty, Wayne Skiver:
The Motion was made by Tolsma and seconded by Myers to approve the Minutes of
the, previous meeting held November 7, 1989:
Motion Carried: All Yea:
The Motion was made by Giesler and seconded by Tolsma to approve the Minutes of
the Special Meeting held November 13, 1989 as written:
Motion Carried: All Yea:
Mayor Kingsford welcomed Members of Scout Troop #166 to the Meeting.
ITEM #1: BURTON BRENNAN, KEYS CONSTRUCTION; TABLED AT LAST MEETING:
Kingsford: Asked our Building Inspector to give presentation.:
Daunt Whitman: Explained the figures and recommended that we give Keys Construction
a refund of $490.05.
Kingsford: Again that's basically on the kind of construction, the tilt up
rather than the type 3.
Morrow: Out of this Cross reference with others, is the procedure that you're using
essentially correct and the change being made here is because of the change on the
blue prints or the change in actual construction from what the blue prints specify.
Whitman: Yes. In talking to other building departments they are using similar
techniques as far as using the valuation tables, the only adjustment is due to
the type of construction.
Morrow: So then there doesn't need to be any adjustment in our basic process.
Whitman: No,I feel we have a sound process, it was a mistake on my part.
Whitman: What is an N3 construction?
Whitman: It would be a block construction with a decorative facing, and a wood
frame inside. This building would be a N-3.
The Motion was made by Morrow and seconded by Tolsma to give Keys Construction
a refund of $490.05 as recommended by the Building Inspector.
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL • •
NOVEMBER 21, 1989
PAGE #2
ITEM #2: CONDITIONAL USE PERMIT FOR PETER COVINO & AMYX FAMILY LTD AT
27 EAST BROADWAY:
Kingsford: Are there any questions from the Council?
Myers: It looks like there is alot that needs to be done to that building.
Whitman: We have stipulated to the Planning & Zoning how we would view the
occupancy of the building and informed them of the fire rules, the areas of
separation and how that would have to be handled.
Myers: Is Amyx still going to run his car operation over there. To me that
would be a real hazzardous deal with the gas and fumes and all the other stuff
there.
Whitman: If the whole building was emptied out it would create a B-2 occupancy which
wouldn't require extensive fire walls and different separations of that kind,
the way it is there would have to be a four hour fire wall between the car
dismantling and Mr. Covino's splat guns. A four hour fire wall is basically
a block wall which runs from the floor up through the existing roof 18 inches.
Kingsford: I have had numberous phone calls probably about 30 calls from people
in opposition to this request, and also I have received five or six letters in
opposition to this.
Tolsma: I have received the same letters and phone calls.
Covino: Unless I understand something wrong when the hearing was held in October
or November for the zoning only two people came to make any type of complaint,
isn't that the proper time and place to do it. I don't see how anyone has the
rights to make further complaints after something has been passed or installed.
The Zoning Department did mention that this was not within their jurisdiction to
pass a judgement on that type of facility, but rather they said that this facility
is in accordance with your development plans for the old town area.
Kingsford: Where we aE~e at Mr. Covino along that line would be is Mr. Amyx
planning on leaving the dismantling operation there.
Covino: The Zoning said they would not issue a certificate of zoning unless
Mr. Amyx was in compliance with his current Zoning which says after he dismantles
it it goes inside the building, on the other hand if I'm to take a piece of this
building to put my facility in he has to move quite a bit of his stuff out to
another facility. In the past month or so we've been doing this, he's been
dismantling and leaving things out because until we know if things pass he
doesn't want to put all these things ina building only to have to turn around and
take them all out again, so he's waiting for a decision as to what you will allow
and not allow. If this passes he's going to move the whole facility, there is
also some buyers looking at the building considering that if I get in and they
have a tenant ready to go, they are ready to take position in the building and
remodel it and actually make a little mall. If you say yes, he moves everything
away, if you say no then you still have it there.
MERIDIAN CITY COUNCIL • •
NOVEMBER 21, 1989
PAGE #3
Kingsford: Of course one correction to that is that his zoning stipulated
not that he dismantle it outside and then move it inside he promised us that
everything would be inside and we would not see it.
Covino: The whole operation will be moved if I get occupancy. As a matter
of fact I have already met with a couple of the buyers who are interested in
the building and given them my verbal ok to go in. There is no way for me
to take occupancy until we know what you will allow and won't allow. The
biggest problem we have is with the occupancy code I have submitted copies from
the uniform building code book stipulating the A-3 and the H-4 zoning that
Daunt hasn't mentioned and showed the zoning asanyone else has looked at it as
B-2. Under the A-3 and H-4 Code he has given it makes it virtually impossible
cost prohibited to do anything in the building except leave it as a junk yard.
As a B-4 which is as the code says it should be then everything fits into place.
I've outlined everything and tried to cross reference it properly and giving
the proper references and cross referenced that with the zoning findings I realize
that you can't sit down and read all that now. Without you folks doing some
sort of passage or something so we know which direction we can go in. In other
workd Amyx is ready to move his operation out if I can move in.
Kingsford: One thing I would certainly be interested in Mr. Covino is
a witnessed signature of Mr. Amyx saying he would do that.
Covino: If that is what you require, then I will put that in writing for
you with no problem. The end result is with help from the Council you will have
a nice respectable place accross the street. With the outside and inside of
the building cleaned up and usable.
Morrow: I don't think ti at I personally basec.E oa your handout and the potential
disagreement with the building inspector's classification of the building, I'm
not personally prepared to resolve that portion.. The remaining portions of the
issue with respect to the landscaping and sidewalks, on this basis and those
kinds of things, I don't see that based on the recommendation of our Engineer
and our Highway Department that there really need to be any compromise there or
need to be any delay for a one year period. I think it is in our best interest
as a City based on our past experience not to grant those kinds of exemptions.
Covino: The Highway Department has already given approval for us to just give
them a deposit of a certain amount fixed fee for sidewalks and curbing and to
put that on hold until the rest of the area is improved. So they have really
given aproval. However at the end of the year, the people who are expected to
take ownership of the building and make some new changes, the remodeling will
be quite extensive to the front of the building and to put in curbs and gutters
to have them pulled out 6 months down the road doesn't seem very cost effective.
Currently there is plenty of pedestrian traffic available area for them to walk
through and for those that do walk through there always go up on the dock area
anyway with or without a sidewalk down there. It's not going to affect alot other
than the physical appearance. We are just asking for a small postponement
and it certainly can be taken up and stipulated.
Tolsma: Certificate. of Zoning Compliance cannot be issued at this time because
it is not in compliances right now.
Covino: You won't give me a certificate to do anything and he won't move
anything until he knows I have approval to do it.
MERIDIAN CITY COUNCIL
NOVEMBER 21, 1989
PAGE #4
Myers: Maybe what needs to be done is the buyers need to come in and say
what they are going to do, then we could work with them and with you.
Covino: The propective buyers, one of their conditions of buying is that they
have a tenant to move in, otherwise they may not do anything. Giving me a
certificate for zoning doesn't give me a building permit.
Tolsma: it dces'nt get it cleaned up either.
Covino: Right, so there is no loss on the City's part but there is a possible
gain for the City. Because if I do get the zoning passed for a Conditional
Use Permit and we can get a occupancy we can live with then we are ready to
move all our things out.
Kingsford: All the times he has put those things on hold its been an ongoing,
he's basically in contempt of court.
Covino: I realize that it's going to look worse and worse unless he moves all
the stuff in where it is supposed to be and I'm not condoaning his leaving the
place a mess outside, I'm simply saying that to force me to force him to do it
is not right.
Giesler: You're going to need to have your own parking.
Covino: You have a copy of the parking diagram that is requested. However,
we are specifying that that is somewhat unreasonable giving the nature of the
business and the number of people that can participate at any one time.
We have specified under sworn statement through the City Attorney and we have
stipulated in writing in two different times that we would not have anywhere
near 50 people in the building at one time. There should be considerably less
than 50. We do not feel that it is appropriate for us to have to put in 120
parking places. My statement about the bank parking is this, I can't stand
outside and police where people park. They will probably park there if the
front of the building is full. If it is after bank hours it wouldn't hurt
for them to park over there. I might even make arrangements to lease the parking
at a later date.
Morrow: I have a question about parking on Broadway St. in relationship to
your showing some 13 or 14 parking spaces there your not showing any provisions
there for ACHD sidewalks or curb and gutter.
Covino: The cars that park up next to the dock area which would serve as a side-
walk.
Morrow: That's not an ACHD sidewalk.
Covino: No.
Morrow: At such a point and time that the ACHD sidewalk, curb & gutter would
come in it would pretty well .
Covino: It would change it to parellel parking. Which would probably take about
three or four spaces out. We would still have plenty of spaces in back.
MERIDIAN CITY COUNCIL . •
NOVII~ER 21, 1989
PAGE # 5
The average attendance at one of these things with this population base is going tro
be twenty on a rare occasion, maybe saro special holiday weekends we may get up to
thirty, maybe a few crore on a rare occasion, so we just don't see .why we should have
to supply 120 parking spaces, it seen a little b#t ridiculous and we are looking for
a special concession.
Giesler: This dock & sidewalk, I have sane problans with that being a sidewalk, does
that have a ram going up to it where people can walk up on it, on each end? It seems
' to me if I rgnanber correctly that is quite a _ _
Covino: It is about a foot high, you would have to step up, we would gladly put in
a ramp or steps to and fran it t~iporarly until it was deternuned how the sidewalk
would go in based on the rest of the develolanent.
Giesler: Did Ada County Highway tell us we could use that as a sidewalk?
Covino: No, they are not allowing that as a sidewalk, I am saying the dock to be
used as a sidewalk t~rarily.
Giesler: Are they going to take this dock out?
Covino: No, I am not but the new builder probably would in my guess.
Myers: But we do not know that?
Covino: No, but in any case the sidewalk would still have to go in when they do their
part or sooner depending on what time limits cane into effect.
Giesler: Well I would hate to have this thing part of that part of town, a lot of
older people, I don't see any older people walking across that dock.
Covino: well what are they doing now?
Gieller: They are probably walking where you will be parking all these cars.
Covino: They are probably walking across the street where there is a sidewalk, I am
not opposed to this sidewalk, I am simply opposed to it until we finish developing,
the new owners develop what their plans are, I do not want to put it in, to tear it
out six months later. What we would do instead if you say I have to put it ifl nocv,
then we would just get the Highway District to take the deposit and we still won't
put it in. I am just trying to work this out >n a simpler way for the manent, I
agree with you on the sidewalk and it would fit real nice and look nice, I am 100
agreement but it will look nice if you take out the dock and trove the sidewalk back
then we have to pull it all out so I am just saying can you give us a little bit of
time to see what the plans are from the new people, a stipulated time limit, I
recomnetid not more than one year.
Myers: What is going to happen in between there now, not going to open up?
Covino: Oh no, we have to try and pay sane bills, this thing has cost ~ quite a bit
of money so far.
Mayor Kingsford: Mr. Whitman, Building Inspector, have you taken a look at the
restroan facilities and so forth, is that something that can be adequate. for those
number of people under current codes?
Building Inspector: He would have to provide and we have talked to him about hand-
icapped access.
MERIDL~N CITY COUNCIL • •
NOVF1~'IBER 21, 1989
PAGE # 6
Covino: We do not have a problan with any of the plumbing or electrical codes at all,
we will abide with all of than, we had no problan with any of that, we just have a
little on the sidewalk, we want to wait and on the occupancy load we think that it is
not set according to the code and as the Building Inspector has mentioned if it could
be monitored he would not have an objection with the B-2 but he thought that the City
did not have the manpower and I do not feel it is my responsibility that the City can
not man something, they currently don't man a lot of things but they still allay it.
Currently there are no smoking signs in public buildings but you don't have people
going by checking on it but you still make the Ordinance and you still have people
occupy, the building. I am simply saying that it is not possible in my kind of
activity to have that many people, it just isn't possible, you cannot do it and I
wouldn't even have enough equipment to outfit that many people if they came in, so
I cannot see has I can't abide by the rules and I am telling you anybody can walk in
and check on it at any time.
Mayor Kingsford: Any other questions or camients fran the Council? There were none,
Councilman you have been given a new packet by Mr. Covino that certainly needs score
time to digest, I would also suggest that we get score sort of a certified statement
from Mr. Amyx of the plans to do as you have indicated, I would also like to see and
it certainly would be in confidence the new owners that their wishes to conform with
what you have indicated as well.
Covino: That might be more difficult to produce but I can certainly get a letter, a
notorized letter or whatever you would like from Mr. Amyx to show that this is the
current plan and what we are pursuing and that there are a couple of people looking
at purchasing the building and they have been in and inspected it with the Real Estate
Agent and so forth. I can get doam~entation to that whether I can get doamientation
that they are ready to come and sulinit a blue print and plans, I doubt.
Mayor Kingsford: I certainly would be interested in their plans at least in the rough.
Covino: I will do what I can in that area:
Mayor Kingsford: With that it would be my recam~esidation that Council table thisuntil
suds time as we have that information and have time to review it. "
Covino: Would you want me to bring this to you at the next meeting or before?
Mayor Kingsford: Before, so we have time to review it:
The Motion was made by Morrav and seconded by Myers to table this request until such
time as we have received the applicable doamientation:
Motion Carried: All Yea:
Itan #3: Approve Changes to Final Plat on Gan Park Subdivision:
Mayor Kingsford: Is there a representative of Gan Park here? If so would you cxme
forward and state your name, very basically it is a situation where they are going
to file the ditch but we will let their representative explain:
Greg Johnson, the developer of the project, in working with Nampa Meridian Irrigation
District it became our conclusion that it would be best for our subdivision and just
enhancing the overall project to go ahead and file that Jackson Drain on the south
boundry of the property and in doing that tae gain more useable land. We are request-
ing to add three lots that will defer sane of the costs of tiling that drain. We
are right nay >n negotiations with the Nampa Meridian Irrigation District to reduce
MERIDIAN CITY COUNCIL • •
NOVEMBER 21, 1989
PAGE # 7
the easement from fifty feet to twenty five feet although the plat works with the
fifty feet as it is now. They did reduce the fifty feet easarrent in the subdivision
to the west, so we feel they should go ahead and reduce that easanent to twenty five
feet although they do not have to. They would like the ditch put in file and they have
been cooperative working on that although they have not approved the design.
Mayor Kingsford: This is a very main thing, I think that if it can be tiled, it is
irr the best interest of the City and that neighborhood.
Morrow: Has the City Engineer reviewed this?
City Engineer: Yes, i have no problan with this, and it would benefit the lot owners
if they can get that easement reduced and make the lots more saleable.
The Motion was made by Myers and seconded by Tolsma to approve the change in the Final
Plat of the Gan Park Subdivision:
Motion Carried: All Yea:
Department Reports:
City Engineer: The APA adopted the 2010 Transportation Plan needs assessments that has
been developing over the past months and they will use that as the planning tool for
future improvarrents. The bid will be awarded on Highway 69 in the near future, The
bid has been opened on the new bridge on Linder Road over the Phillips Canal.
Myers: Reported on itans that are happening with the Mercy Hospital, he is a manber of
that Advisory Board of Mercy Hospital: The other thing I have, as you knaa October 1st
the Ada County landfill raised their dumping fees, so Mr. Alidjani of Sanitary Service
and I have been looking this over and checking out what we could do because he got his
bill for the landfill charges for October which was approximately $1100.00 more than it
was for the month before, as you know we just had a raise on the garbage rates that
went into effect on February 15, 1989 and at that time we mentioned there was a
possibility that this was going to happen because of the envirarrerrtal impact and
so forth, there are things they will not even take anymore with out additional charges,
so we sat dawn and went through that and decided what we would propose is an increase
in the dwnpster charges of $2.00 per month for the camtercial, no matter what size
they were up to the six yard and above that we would go up a dollar a yard because
that is what they increased it was about 45C per yard in the cost and rather than
raise the residential at this point, we thought it would be easier and probably work
out fairly close just to increase those other dumpsters. To bring that into prospective
as to what Boise Ada & BFI in Boise are doing, BFI 3 yard dumpster is $39.11, ours
is $40.00 which would go up to $42.00. Boise Ada is ¢57.30 plus a $15.00 deposit, so
we would still be well underneath than. As far as the residential Boise Ada has a 3
can maximiinrr $5.80 per month, BFI is $5:15 which is the same as we are. Ours is also
unlimited on residential. With the leaves this year, Mr. Alidjani mentioned to me
that they have had several pickups where there was >n excess of 30 bags of leaves and
one place was 63. That is what we are recameending at this point and that would be, if
sanething caries along that Ada County does something different that would reduce that
or if this is not, this is the basis i would like to propose this increase, that at the
of three months or so we will take a look at it and see what is happening and this raise
amounts to to much revenue we will reduce it and if it is not enough we will have to
look at it again. Rather than raise the residential at this point we think that it
would be much easier to do it with the drmrpsters, this is my proposal:
Mayor Kingsford: What does a one yard dwrq~ster carrpact to, ;yard?
Alidjani: It depends what type of material is in the dumpster.
MERIDIAN CITY COUNCIL • •
NOVE[~ER 21, 1989
PAGE # 8
Mayor Kingsford: Lets say leaves for example:
Alidjani: Rarn,lar household trash is ca:ipactible, leaves are not canpactible, they are
like a sponge. We have a hard time canpacting construction material, we have a hard
time canpacting industrial material. Household trash is the easiest because you have
dry materials and wet materials together.
Morrow: I have a question in terms of the, it is a $1.00 a cubic yard on the dumpsters
over six yards, does that mean that saneone who has a twenty yard diunpster and he has
service once a week for that dumpster that his increase is going to be $80.00.?
Alidjani: No, let me reword that, what it means is that we are charging $4.00 for all
the construction dunpsters, if I have a 20 yard I am charging $80.00, all my canpetitors
are charging rental fees. With the new rates Mr. Myers talked about this would be $100:00:
Myers: One of the reasons for our recamiendation is that the materail picked up in the
residential is more canpactible fran what businesses are that is the reason it would
be much more equitable to increase the dtunpsters charges rather than on the residential
to.
Morrow: It is my understanding that the raise they have had at the landfill is not based
on volume but on contents and problans with processing the contents.
Mayor Kingsford: What they have done is raise it from a $1.05 per canpacted yard to a
$1.50 per canpacted yard and sane of the contents they have anitted, they won't allay
than dumped.
Morrow: Isn't the purpose of sane of the raise or most of it so that they can bring
the landfill into canpliance with EPA standards and if you are using that rational
to raise the rate then it sears to me that it is unfair to put the total oust increase
that we are proposing on the back of the camiercial because he is still contributing
the same amount as he was before, the residential person is still contributing the
same amount as he was before in terms of the things that they are trying to resolve
so it looks like each ought to pay their fair share.
There was additional discussion:
Mayor Kingsford: The thing they are saying is that the cameercial subsidizes across the
nation the residential anyway and so I think it becanes an issue with the Council with
as how you want to split that increase.
Morrow: I am also saying that if we generate to much incrme at the end of three months
we take a look at it, I disagree with that, if we are going to set a rate than our
citizens have the right to expect sane stability for a one year period, so I am
not in favor of setting a raise nay that we are going to look at three months based
on Sanitary Servicesincat~ figures and say we need to reduce the raise or we need to
raise it.
Mayor Kingsford: i agree with that and I think we have very adquate history that we can
ascertain just haw much. We have years of history >n that regard. i do feel personally
that we would need to evaluate, I don't know whether Mr. Myers has done that adequately,
we need to evaluate what kind of additional revenue this would generate and does that
meet or exceed or does that not meet the additional cost incurred by Mr. Alidjani.
Myers: It is hard to tell as we do not have a handle on how much is caRnercial and how
much is residential as far as the loads to the landfill.
Mayor Kingsford: You have a dollar figure and that is what we are basically looking at.
MERIDIAN CITY COUNCIL
NWII~ER 21, 1989 •
PAGE # 9
Alidjani: The way you figure out these numbers is at the end of January when you
approved the raise, we got a total of $1900.00 approximately per month raise, at that
time it was a net profit, after we started having more custaners and being involved with
cost to service our custaners everything was going fine until this new raise they had,
out of the $1900.00 per month when you take $1,050.00 or $1,100.00 per month out of it
basically that raise I got drops back to, 53~ to 55~ of it is gone in one item, our
cost has gone up. This proposal would bring us back to those nwnbers we had before.
Basically that 6.8~ raise was justified in January but right naa we are taking half of
that off because of the landfill raise.
There was additional discussion:
Mayor Kingsford: I think that maybe we need to have scene sort of a work session, as I
look at this if we have lets say 300 cannercial accounts and we know that we have that
many and maybe more, we pick those up four times amonth and you are talking about
increasing $2.00 per pickup.
Myers: No, $2.00 per month: A flat $2.00 increase per month on the dumpsters.
Mayor Kingsford: That even becanes less equitable in Mr. Nbrraas theory.
There was additional discussion:
Mayor Kingsford: So as to have not a quoriun and it can be a work session could I have
Mr. Nbrrow with you, Counci]man Myers and Mr. Alidjani see if you can get a good
proposal together by the next meeting that we can adopt.
The parties involved agreed to this;
Being no further business to cane before the Council the Motion was made by Myers and
seconded by Tolsma to adjourn the meeting at 8:33 p.m.:
Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEIDINGS)
APPROVID:
atty, rng, mire
Police, Ward, Stuart, Gass
Bldg. Dept., Hallett
Valley News, Statesman
ACRD, N7I~ID, CDH, ACC, SIRD
MAIL (2)
FILE (3)