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HomeMy WebLinkAbout1989 12-19 A G E N D A MERIDIAN CITY COUNCIL DECEMBFI2 19, 1989 ITEM: M1NU1~S OF THE PREVIOUS MEETING HELD DECEMBII2 5, 1989: (APPROVED) MINUiFS OF THE SPECIAL MEETING HELD DECEMBER 12, 1989: (APPROVED) 1: RECIDATION FOR GRANT ALY~'IINISTRATOR BY SEIS('PION CCMP'IITTEE: (APPROVED) 2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY SANDY BRADIN:(APPROVED) 3: PUBLIC HEARING: REQUEST FOR O~IDITIONAi, USE PERMIT BY TERRY MOORE:(APPROVE FINDINGS) 4: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/CODIDITIONAL USE PERMIT BY SHULTZ & OLSON: (APPROVE FINDINGS) '5: WARD SINSEL, PRESIDENT OF THE IDAHO MANUFACTURID HCME OWNERS FIDERATION: 6: BID ON NEW POLICE CARS: (CANCELLED) 7: BID ON WELL 12: (CANCELLED) 8: DEPAR'II~S]T REPORTS: r~ MERIDIAN CITY COUNCIL DECEMBER 19, 1989 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Walt Morrow: Other Present: Gene Gilbert, Ward Sinsel, Terry P. Smith, William H. Olson, K. Beumeler, Dale Ownby, Terry Moore, Colleen Lemay, Gary Smith, Bill Gordon, Jim Johnson, Moe Alidjani, Max Yerrington, Wayne Crookston, Sandy Braden: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous meeting held December 5, 1989 as written: Motion Carried: All Yea: The Motion was made by Myers and seconded by Tolsma to approve the minutes of the Special Meeting held December 12, 1989 as written: Motion Carried: All Yea: ITEM #1: RECOMMENDATION FOR GRANT ADMINISTRATION BY SELECTION COMMITTEE: Terry Smith: I am here representing the selection committee that has previously made recommendations to the Council regarding the project engineer and having submitted the petitions, and at the December 12, 1989 meeting we determined that rather than making a recommendation for the grant administrator that we needed some additional clarification. That clarification has been received and analized by the selection committee and the committee is ready to make that recommendation. It is very exciting to be watching the unity of this project. Idaho Department of Transportation has also committed for funds for the downtown project, also the recent information that the Department of Commerce has selected the downtown project to be on the short list. The recommendation of the selection ..committee is that the City Council select as grant administrator Mr. Wayne S. Forrey, The City Leaders Institute, 3045 Thayen Place, Boise. The Motion was made by Morrow and seconded by Myers to appoint Mr. Wayne Forrey as the grant administrator. Motion Carried: All Yea: ITEM #2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY SADIDY BRADEN: Kingsford: I will at this time open the Public Hearing on that issue. Being no response from the public the public hearing was closed. The Motion was made by Giesler and seconded by Myers to approve the Findings of Fact and Conclusions of Law for Sandy Braden. Roll Call Vote:.. Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea; Motion Carried: All Yea: MERIDIAN CITY COUNCIL • DECEMBER 19, 1989 PAGE #2 The Motion was made by Giesler and seconded by Tolsma to approve of the Conditional Use Permit for Sandy Braden. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY TERRY MOORE. Kingsford: I will open the Public Hearing, being no response from the public the hearing was closed. Giesler: I had a question on the Findings, Item #11 there was some concern about fumes being spread over to the houses. Even if they have the painting inside, wouldn't there still be a possibility of the fumes getting out. Crookston: I haven't researched the distribution of air flow. That was the idea that whatever the distribution of fumes is required so that the structure would meet those regulations was the intent. Myers: Normally not much odor comes out. The Motion was made by Myers and seconded by Morrow to approve the Conditional Use Permit for Terry Moore. Myers with drew his motion and remotioned. The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law for Terry Moore. Roll Call Vote: Morrow - Yea; Giesler - Yea; Tolsma - Yea; Myers - Yea: Motion Carried: All Yea: The Motion was made by Myers and seconded by Tolsma to approve the Conditional Use Permit for Terry Moore. Motion Carried: All Yea: ITEM #4: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/CONDITIONAL USE PERMIT BY SCHULTZ & OLSON: Kingsford: At this time I will open the Public Hearing, being no response the Public Hearing was. closed. Tolsma: I have a question on this letter we got from Central District Health, in the Findingsof Fact and Conclusions of Law.There was discussion on the chemical toilet. Dale Ownby: No Problem w/ACRD Request. All the abutting roads that did not have a major overpass or access to the freeway, should have had a culdesac. Property owner is very willing to go along with what the Highway District has here. Kingsford: I would certainly think that would be a requirement of the City to for emergency vehicles. Giesler: Were they going to gravel that lot or pave it. Ownby: At some point and time it would be paved but initially it will be gravel. MERIDIAN CITY COUNCIL DECEMBER 19, 1989 PAGE #3 Morrow: As a City, basically if we approve an annex and zone and grant the conditional use permit for this project we have a piece of property that sits out here all by itsself it terms of us providing fire and police protection. I wonder if that's a good deal for us from the standpoint of liability position that we are in. Kingsford: We do have an urban service planning area and this is in those boundaries. There was further discussion. Bowers: We do have property over there now, but it does add to the response time but so far it hasn't been a problem. Myers: Maybe we ought to do something like you were talking about, looking into the possibility of a program to start annexing all that land that's in between there. Kingsford: We need to really start considering squareing up the City limits. Myers: Maybe we ought to start with some of that land that's in this land lock. Kingsford: I agree. Myers: I think it is a little far out, however if we could develop some kind of plan or something we could see in the future that's going to move us that direction in between and get all that land in between to get the sewer and water out there that might be a much better operation. Kingsford: In terms of the zoning aspect, I think it's better that what you see in many city's. The freeway exposure is a reasonable place to have that kind of exposure, it's not heavily populated. Tolsma: Where there is noone living there that has a bearing on the fire protection & police protection. As far as quick response there should be minimal exposure of that. Morrow: It would seem to me that in terms of developing some sort of philosophy. with this particular parcel that maybe we would be better off philisophcally not to be adopting small things like this that stick out by themselves. The minute that Eagle Raod is any where close to being completed and that interchange is close to being done we are going to be serviceing a whole bunch of that property by way of annexation and zoning, and maybe in the particular case of that parcel maybe this is just twelve months early. Giesler: I have a question for Chief Gordon, the safety factor for mobile homes at that intersection, getting them in and out of there, do you see any problems there. Chief Gordon: At the present time I don't see sny problems there. The Motion was made by Giesler and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law for the Use by Schultz & Olson. Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: MERIDIAN CITY COUNCIL DECEMBER 19, 1989 PAGE #4 The Motion was made by Myers and seconded by Tolsma to have City Attorney prepare an Ordinance for annexation. Motion Carried: All Yea: ITEM #5: WARD SINSEL, PRESIDENT OF THE IDAHO MANUFACTURED HOME OWNERS FEDERATION: Ward Sinsel: This is concerning over here at Cherry Lane, this all started about 6 months ago, the first part of January and we are really back to square one, the City Ordinance of Meridian states in there and the newspaper stated in there that there was three violations, this was June 5th in the local paper. If the City has an Ordinance why hasn't it been inforced by now, why should the poor lady sit there in aggravation for 6 months and still don't know where she's at today. Is there any particular reason why nothing has transpired. Kingsford: What we are talking about is the mobile home in Cherry Lane Mobile Home Court. Sinsel: Number one the setback was wrong, charoal fire hazard, the street assessment on it was to close between two units and when you went out and inspected it, they new at the time it was wrong. How come it's taking so long. To me if you have the Ordinance on the book it should have been enforced within the next two or three days. Kingsford: When the Mobile Home Operator notified of that he sent us a letter expressing. the lady's desire to move it, that she was going to leave. After that time we got a letter from her saying that she would like to remain there and be in a proper space. Where do we stand with that now Wayne? That's just happened over the last month and a half. Crookston: On Council's motion, I believe she said she was going to leave by December 20th. The Council had granted her permission to remain there not making her move twice. Sinsel: But after the 20th if she doesn't move then will there be legal action taken against the park owner. Crookston: Then there would have to be Council direction as to how they wanted to proceed on it. Sinsel: Because like I say, it's been way to long, all this should have been done within a week's time of the violation. Kingsford: Realisticly the Building Inspector should have never let this be moved in. Morrow: On the other side of the coin, the Building Inspector that we had at that time did not make an inspection there nor was there a permit taken out. Kingsford: The permit was taken out after it was already placed. Sinsel: So it was a violation of theirs. So since it was inspected it should have been taken care of at that time. It shouldn't have been allowed in the court. Morrow: It's awful tough for him to make an inspection if the people don't take out a permit and he doesn't know it's being done. Obviously when the permit was taken out it was after the fact. MERIDIAN CITY COUNCIL • • DECEMBER 19, 1989 PAGE #5 Sinsel: I understand that but is something going to be done after the time. Is there going to be legal action. Kingsford: I have no doubt that it will be pursued. Sinsel: I think really by the City Ordinance is punishably by up to a minimum of $10.00 up to a maximum of $300.00 for violation or fine. But after six months I think some of this money ought to go to the poor tenants. Morrow: I think there was also a follow up letter by the lady that occupies the mobile home court indicating that she was considering some legal action against the park owner. Didn't she indicate in that letter that she didn't plan on moving back where her relatives were. This letter stated that she was not moving, and that she was considering taking legal action against the operator of the park, because of some of the things that had been done in terms of the placement of this coach. Kingsford: 2 don't remember all the circumstances, there were several correspondances. In answer to the question, yes we will follow up and it will have to be moved. Sinsel: Is there the possibility that it will be resolved before the end of the year. Kingsford: Could I interest any of the Council to work with Mr. Cady and get this resolved by the end of the year. We will not meet again until after the first of the year. I anticipate being absent after tomorrow. Morrow: I think between Mr. Giesler and myself we could take care of it, but I would like some direction from the Council and yourself as to what our working parameters are. Obviously from the information that we gave the gal is that she had until December 20th to begone, and if she is going to be involved in some sort of legal action with Mr. Cady that can go on for a substantial amount of time. So what so you want us to do. Kingsford: I would first recommend that you work with the guy and see if he won't get her moved. Secondly work with the attorney and see what we can do to ensure that she does get moved. Sinsel: I appreciate that Grant. I have another gentleman that would like to ask some questions. Gene Gilbert: 2 am from Caldwell, Idaho, I'm also doing research on moving mobile parks. I talked to Mr. Steve Cady on two occasions, number one he had first mentioned that he had not been present on the site during the movement, following that conversation with him. My concern is for the senior citizens in this park I'm moving, and I've got to check out each of these parks. The Senior Citizens feel like they have no protection under your Ordinances, that they won't be enforced against the park owners. On December 7 I had a talk with Mr. Steve Cady at the Red Lion between Idaho Manufacture Owners and the Idaho park owners. At that time I drilled him about this on his presence at that site during the movement of that trailer, he did admit to me that he was present at that time when they moved it. 2 also asked him why he did not stop the movement, he told me that he did not know the codes or understand them. Mr. Cady has been in this business for 14 years., it seems like every mobile park, and I think it's required by State Law that a management or park owner be present at the time of the movement of a mobile home. MERIDIAN CITY COUNCIL • DECEMBER 19, 1989 PAGE #6 • It seems to me that Mr. Steve Cady is requesting that Mrs. Clark here to move her mobile home and pay the expense, when after my research he allowed them to set the trailer and he would take care of the problem later, that he would be responsible for this cost. I'm up here asking that Mrs. Clark be given more time to carry this legal action out. Z know it's going to be in violation of your ordinance, but Mr. Cady has put himself in that position already by allowing the trailer to be set in there. The transportation Company did ask him, told him that the trailer was to large for this spot, Mr. Cady did inform them that he would take care of it afterwards. I would like to know if the City Council is going to be responsible enough to back up there Ordinance. Kingsford: With regard to Mrs. Clark and time, certainly we are not going to demand that she move and so on and put her out this time of the year, we will be glad to work with her. It's my feeling that Mr. Cady was wrong and we are not going to push her out. Crookston: I hear two different requests, Mr. Sinsel wants the trailer moved and you want it to stay. Kingsford: He wants it moved to her satisfaction, I think we are asking here that she have time to resolve this if there is a legal issue that she not be forced to take it out of there as we have directed on the 20th. I don't think that those are in conflict at all. Gilbert: I think Mr. Cady had ample time to stop the transporter and notify him to remove it from the lot, he didn't make that choice, I cannot believe that Mr. Cady does not know the Codes & Laws, if he doesn't then he is in the wrong business. Sinsel: Agrees with Mr. Gilbert. Gilbert: We've run up against this before but usually the mobile home owner is willing to pay for the move, if they are in the wrong. I see after researching for the last month about this problem with Mrs. Clark, and my concerns for the senior citizens over in Boise, this is something that is going to be resolved. I feel that if I can't be responsible to go back to the senior citizens and inform them that Meridian City Council is able to uphold their ordinances, then I think you will loose some new residents in the future. Kingsford: Part of our time frame Gene was that we did a certain amount of research of our ordinance, checking around seeing what other people did, and found that maybe some of them were more extreme than they maybe necessarily needed to be. We reworked our ordinance a bit during that time frame to, and at the same time was in communication with Mr. Cady and I did talk with a back yard neighbor at one point.. It is the desire of this Council to address and to uphold that Ordinance and we have every intention of doing this. It would be helpful if you could give us copies of your research so we don't have to duplicate everything. ITEM #6: BID ON NEW POLICE CARS: Scratched from the Agenda. ITEM #7: BID ON WELL 12: Scratched from the Agenda. ITEM #8: DEPARTMENT REPORTS: Chief Gordon: I would oppose any money coming out of the Police Department Budget for Fire Hoses. Engineer Smith: There were 2 possibly bidders. We are not in a position where we have to have to well on line by summer. MERIDIAN CITY COUNCIL • • DECEMBER 19, 1989 PAGE #7 I think the thing to do would be to readvertise. Explained more about water quality and specs for bids. The new Chairman for APA is Steve Gerber, and Vice Chairman is Mr. Dirk Kempthorne. APA asked that we all get behind the census project and support that, they will be giving us further information. There will be an inventory done on emissions. Kingsford: If something is not done by spring the current emissions will expire. Thank you Gary. One item that we were asked to consider is Shekinah Industries, Inc. placed a mobile home temporarily at 1050 Franklin Road to be used as a temporary office for six (6) months, they've asked that they have an extension on that, that they are going to start construction in the spring. Morrow: I don't have any problem with extending it, but it looks to me that we need to do is basically say yes but this is the last extension. Tolsma: That porta pottie they have has to be gone in another 6 months per Central District Health. The Motion was made by Morrow and seconded by Tolsma to grant the extension of the Mobile home for a six month period connected to also the porta pottie issue. Motion Carried: All Yea: The Motion is to be with no extension after the six month extension, Morrow made the motion and Myers seconded it. Motion Carried: All Yea: The Motion was made by Morrow and seconded by Tolsma to go into Executive Session at 8:20 P.M. concerning employee matters. Motion Carried: All Yea: Meeting called back to order at 9:05 P.M.: Employee matter taken care of, letter placed in file. Morrow:DoWe have the deed for the fire station site taken care of. Myers: Since this is Mr. Morrows last meeting I would like to commend him for the nice work he has done the last two years for the Council. The Motion was made by Myers and seconded by Tolsma to adjourn at 9:06 P.M.: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: P. KINGS ATTEST: JA CITY CLERK Shekinah Industries, Inc. 1050 Franklin Road Meridian, Idaho 83642 Meridian Mayor and City Council City Hall Meridian, Idaho 83642 December 15, 1989 Gentlemen: We would like to ask the Mayor and City Council if we could receive an extension on our varience. We plan on beginningconstruction in the Spring of 1990. Si\~1~ Rollie Sielaff Vice-President RS/ds ~l ~~~~ ~~ ~~ ~, ~~