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HomeMy WebLinkAbout1993 06-15~ ~ ~RIGINq~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, JUNE i5, 1993 - 7:30 P. M. CITY COUNCIL CHAMBERS MINUTES OF THE PREVIOUS MEETING HELD JUNE 1, 1993: tAPPROVED) 1: QIRDINANCE #E-02: REi~UEST FOR ANNEXATION AND ZONING BY HIMERICH AND DORADO DEVELOPMENT: tAPPROVED) 2: ORDINANCE #603: REQUEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT FOR WINGATE SUBDIVISION: tAPPROVED) 3: ORDINANCE #604: RE@UEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT FOR PHEASANT POINTE SUBD.: tAPPROVED) 4: ORDINANCE #605: RE@UEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT BY HAL~HATCH AND CHERRY LANE DEVELOPMENT: tAPPROVED) 5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONIFER SUBDIVISION: VARIANCE OF CULDESAC LENGTH PLUS ORDINANCE #606: RE@UEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT FOR CONIFER SUBD. AND VARIANCE OF CULDESAC LENGTH TO 790 FEET: tAPPROVED) 6: PUBLIC HEARING: REQUEST FOR REZONE FROM R-4 TO R-8 BY JIM BANDUCCI AND BE DELCO: CONTINUED TO JULY 6, 1993 CITY COUNCIL MEETING: tMOVED TO JLB_Y 6, 1993 MEETING) 7: PUBLIC HEARING: REVISED PRELIMINARY PLAT FOR BRIDGEWOOD PARK SUBDIVISION: CONTINUED TO JULY 6, 1993 CITY COUNCIL MEETING: tMOVED TO JULY 6, 1993 MEETING) ®: PUBLIC HEARING: PRELIMINARY PLAT FOR SCHOOL PLAZA SUBDIVISION: 4 L OTS ZONED R-15: tAPPROVED) 9: PUBLIC HEARING: PRELIMINARY PLAT FOR CROSSROADS SUBDIVISION: 256 RESIDENTIAL LOTS, 5 COMMERCIAL LOTS AND 19 COMMON AREAS: tAPPROVED) 10: PUBLIC HEARING: PRELIMINARY PLAT FOR CARNELIAN SUBDIVISION: TWO LOTS ZONED R-4: tAPPRDVED -FINDINGS NEEDED FOR VARIANCE) 11: REQUEST FOR ITINERANT MERCHANTS PERMIT: VENDING CART SELLING HOT DOGS AND ASSOCIATED SNACKS IN DOWNTOWN MERIDIAN BY GEORGE KENNEDY: tAPPROVED UNTIL SEPT. 21, 1993) iC: RE@UEST FOR ITINERANT MERCHANTS PERMIT: VENDING CART SELLING HOT DOGS AND ASSOCIATED SNACKS IN DOWNTOWN MERIDIAN BY THE WEENY WAGON, STEVE MOSS: tAPPROVED UNTIL SEPT. 21, 1993) 13: RE@UEST FOR ITINERANT MERCHANTS PERMIT: VENDING CART SELLING HOT DOGS AND ASSOCIATED SNACKS IN MERIDIAN BY GARY'S HOT DOGS, GARY EARLE: tAPPROVED UNTIL SEPT. 21, 1993) 14: REQUEST FOR ITINERANT MERCHANTS PERMIT: TRUCK GARDEN SALES LOT AT CHERRY AND CINDER BY WILLARD POLLACK: tAPPROVED W/CONDITIONS) i5: RE@UEST FOR ITINERANT MERCHANTS PERMIT: NATIVE AMERICAN ARTS AND CRAFTS BY SHARON CAYLER: tND ACTIN) 16: REQUEST TO ALLOW PARKING OF CONSTRUCTION WORKER'S TRAILERS ON CHRIST LUTHERAN CHURCH PROPERTY BY JERRY ROHNERT: tAPPRDVED) 17: REQUEST TO CONSIDER POTENTIAL REGIONAL BICYCLE BMX RACE TRACK IN MERIDIAN BY BOISE VALLEY BMX, ROGER ANDREE: tNO ACTION) iB: RE@UEST TO REIMBURSE 31,395.00 IN SEWER CONNECTION FEES RESULTING FROM CHANGE IN SEWER LOCATION, BY MARTIN J. LANDHOLM: tCD1q+tCILMAN YERRIN6TON TO WORK ON RESOLUTION) 19: RECONSIDERATION OF CITY POLICY TO TILE THE KENNEDY LATERAL IN ELK RUN SUED. AND RELATED PROPERTIES BY PACIFIC LAND SURVEYORS, TOM EDDY L. S.: tDENIED) ~0: RECOMMENDATION FROM CHAMBER OF COMMERCE DOWNTOWN IMPROVEMENT COMMITTEE REGARDING LAND AC@UISITION AND PARKING DEVELOPMENT OPPORTUNITIES, JACK SWEET AND TERRY SMITH CO-CHAIRMAN: tDISCItSSION HELD) ~1: DEPARTMENT REPORTS: r MERIDIAN CITY COUNCIL JUNE 15. 1993 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, Bab Giesler, Bob Corrie, Max Yerrington: Others Present: George Kennedy, Steve Moss, Don Bryan, R. Jack Sweet, Allen Fleming, Carolyn Rudel, Jim Rudel, Keith Loveless, Moe Alid.jani, Sharon Cayler, Terri Oarlock, Mr. Rudd, Loren Dall, Mike Preston, Don Hubble, Eric Thierhouse, Ramon Vorgason, Gary Earle, Tom Wright, Kenny Bowers, Gary Soith, Norm Williams, Wayne Forrey: MINUTES OF PREVIOUS MEETING HELD JUNE 1, 1993: The Motion was made by Tols®a and seconded by Yerrington to approve the minutes of the previous meeting as prepared: Motion Carried: All Yea: ITEM #1: ORDINANCE #602: REQUEST FOR ANNEXATION AND ZONING BY HIMERICH AND DORADO DEVELOPMENT: Kingsford: AN ORDINANCE OF ZONING CERTAIN REAL PROPERTY SECTION 6, TOWNSHIP 3 NORTH, COUNTY, IDAHO; AND PROVIDING present who wishes Ordinance response. THE CITY OF MERIDIAN ANNEXING AND WHICH IS DESCRIBED AS A PORTION OF RANGE 1 EAST, BOISE MERIDIAN, ADA AN EFFECTIVE DATE. Is there anyone e #602 read in it's entirety? Na The Motion was made by Giesler and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three differently days be dispensed with and that Ordinance #602 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #2: ORDINANCE #603: REQUEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT FOR WINGATE SUBDIVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SOUTH 1!2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST i/4, SECTION 5, TOWNSHIP 3 NORTH, RANGE i EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE: Is there anyone who wishes Ordinance #603 read in it's entirety? No response. • . MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 2 The Motion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-90~ and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #603 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: 1TEM #3: ORDINANCE #604: REiJUEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT FOR PHEASANT POINTE SUBDIVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #604 read in it's entirety? No response. The Motion was made by Yerrington and seconded by Giesler that the rules and provisions of 50-90~ and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #604 be passed and approved. Corrie: Questioned square footage as being 1301 sq. ft. Crookston: Should be 1350 sq. ft. Roll Call Vote: Yerrington - Yea; Corrie - Yea; Giesler - Yea; Tolsma - Vea; Motion Carried: All Yea: ITEM #4: ORDINANCE #605: REQUEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT BY HAL HATCH AND CHERRY LANE DEVELOPMENT: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE N 1 /2 SE i /4, SECTION 3, T. 3N. , R. 1 W. , B. M. , ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone present who wishes Ordinance #605 read in it's entirety? No response. The Motion was made by Giesler and seconded by Yerrington that the rules and provisions of 50-90c and all rules and provisions requiring that Ordinance be read on three different days be dispensed with and that Ordinance #605 be passed and approved. s i MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 3 Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONIFER SUBDIVISION, VARIANCE OF CULDESAC LENGTH PLUS ORDINANCE #606: REQUEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT FOR CONIFER SUBDIVISION AND VARIANCE OF CULDESAC LENGTH TO 790 FEET: Giesler: Also in this, it was agreed upon that this would be 1350 square feet minimum. Kingsford: Page 2 and 3 need to be changed to reflect 1350 square feet. Giesler: On Page 2 where it states to allow 23 single family dwelling units for manufactured homes, is the way the language is in this does that mean that they could not build an on-site hone9 Crookston: That's not intended to be that way. The Motion was made by Tolsma and seconded by Giesler that the Meridian City Council approves the Findings of Fact and Conclusions of Law as prepared. Roll Call Vote: Yerrington - yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NE 1/4, SE 1/4, SECTION 11, T. 3 N., R. 1 W., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #606 read in it's entirety? No response. The Motion was made by Tolsma and seconded by Yerrington that the rules an provisions of 50-90~ and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #606 be passed and approved. a • MERIDIAN CITY COUNCIL JUNE 15, 1993 p'AGE 4 Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #6: PUBLIC HEARING: REQUEST FOR REZONE FROM R-4 TD R-8 BY JIM BANDUCCI AND BEDELCO: CONTINUED TO JULY 6, 1993 CITY COUNCIL MEETING: Kingsford: I will open this Public Hearing and invite the owner or representative to speak first. Because of a postal error we'll have to have an additional public hearing but if there's anyone here tonight that wishes to testify we'll take that testimony. No response. I will close the public hearing. The Motion was made by Tolsma and seconded by Yerrington to move this request to the July 6, 1993 meeting: Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: REVISED PRELIMINARY PLAT FOR BRIDGEWOOD PARK SUBDIVISION: CONTINUED TO ,IDLY 6, 1993 CITY COUNCIL MEETING: Kingsford: This item will also be continued to the July 6th meeting because of non-conformation of a postal receipt. I will open the public hearing, is there anyone fro^ the public who would like to offer testimony on this issue? No response. I will close the public hearing. The Motion was made by Yerrington and seconded by Giesler to move this request to the July 6, 1993 meeting: Motion Carried: All Yea: ITEM #B: PUBLIC HEARING: PRELIMINARY PLAT FOR SCHOOL PLAZA SUBDIVISION: 4 LOTS ZONED R-15: Kingsford: I will open the public hearing at this time and invite the owner or a representative to speak first. Keith Loveless, Loveless Engineering, 333~f Grace Street, Boise, was sworn by the attorney. • • MERIDIAN CITY COUNCIL JUNE L5, 1993 RAGE S Loveless: Basically we're converting the site over there to four lots with three of the lots around existing buildings. We're basically going to have to have some sort of a variance because we can't meet the two existing buildings on lot 1 and 2 don't meet the setback requirements from the lot lines for side yard and rear yard. The side-yard for lot 2 on that existing building is 6' and that's a single story and then we have 33 1/2' from the wing of the main building to that line. But we only have C6 1/~' between the two buildings sideways there at the east-westerly direction there at the narrowest point with about 13.9" on one side and just slightly under ice' on the other side. I believe this was discussed last time but I don't know what the outcome was. I will answer any questions that you have. Tolsma: On this drawing how are they planning on dividing this up? Discussion held - see tape. Crookston: Have conflict of interest will not have any input on questions. Discussion on Fire Departoent comments, parking, etc. - see tape. Kingsford: Thank you. Anyone else to testify? Mloe Al id.jani, 203 Turnberry, was sworn by the attorney. Alidjani: There is almost fib' between the two buildings and I do believe there is no difference between these two buildings and any other alleys we have in town. Some of the alleys are only 15' wide. There will not be a fence between the two buildings because that would eliminate some of the a®ergency vehic]es to go beyond those areas and that's one of the reasons we want to keep that 4~-' right of way that we have on the side of lots 3 and 4. Another thing that was brought up was regarding the gas tank between lot 2 and 3. I have a report here for you froo Dale's Services and these tanks have been removed and there is no contamination. If I could answer any other questions I would be glad to. Giesler: Have all of the engineer's comments been answered? Eng. Seith: I haven't heard fros the developer or engineer directly but he's indicated that he didn't have any problem with my comments. MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 6 Kingsford: Thank you. Anyone else to testify? No response. I will close the public hearing. The Motion was made by Corrie and seconded by Yerrington to approve of the preliminary plat for School Plana Subdivision: Motion Carried: All Yea: ITEM #9: PUBLIC HEARING: PRELIMINARY PLAT FOR CROSSROADS SUBDIVISION: 256 RESIDENTIAL LOTS, 5 COMMERCIAL LDTS AND 19 COMMON AREAS: Kingsford: I will open the public hearing and invite the owner or a representative to speak first. Don Hubble, Hubble Engineering, 9550 Bethel Court, Boise, was sworn by the attorney. Hubble: Presented copy of proposed subdivision plat to Council. The northerly boundary is Fairview Avenue, the westerly boundary is Eagle Road and the entire site consists of about 164 acres. The residential portion of that site is approximately 76 acres. We are proposing a subdivision consisting of 256 single family residential lots, which would be a net density of about 3.3 lots per acre. This also includes some commercial lots along the frontage of those major roadways. Tonight we are requesting approva] for a subdivision plat in a PD-General Zone. We have access into the property by three public streets, one of them off of Fairview Avenue and two of them off of Eagle Road. tExplained sewer and water availability - see tape) Drainage will be retained on site. In this planned develop~eent the concept of this is to provide those long linear open spaces colored in green at the rear of the lots. We've proposed a revision to the street layout slightly. tExplained - see tape) Homes to be a minimum of 1300 square feet. The price is going to be from 3100,000.00 to X150,000.00. The developer is here tonight also. I'd be happy to answer any questions you may have. Discussion between Hubble and Council Members - see tape. Crookston: Do you plan any kind of barriers between your residential lots and adjacent commercial or industrial uses? Hubble: Let me refer that to Mr. Yorgason. MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 7 Kingsford: I think when I visited with Mr. Wright he's going to have to screen those from the subdivision, our Ordinance would require him to screen those. Anyone else? Ramon Yorgason, 5~g15 Fifeshire Place, was sworn by the attorney. Yorgason: To address the question of screening between the residential and commercial. Number one, by covenant we will have in the commercial area it will be light commercial and there will be screening on their side as well as we'll be putting a fence on our side. As the commercial goes in there will be shrubbery that will go between that as well. Kingsford: Any questions for Mr. Yorgason? The school has indicated that we need a school in that area. Yorgason: We've had many discussions with the Schools and the Meridian City Staff. As ., we have looked at various locations, typically if an entire square mile is going to be developed into a residential area it can just about accommodate one school. In this particular square mile area there will be large areas that will not have residential and so if they put a school in this particular square mile area then there would not be enough students to fill up a school there and either we'd have to bus students into that square mile or if we didn't have one there they would be bused out of that particular square mile. In looking at the other sites north of here where there are other schools or not other schools, it was felt by the people that we discussed with that it would probably be more appropriate to have one just north of this because of the fact that it would encompass almost entire residential areas where this would have a much smaller residential configure. Kingsford: I think there really needs to be some planning done there from the standpoint that - Fairview being what it is far traffic, as well as Eagle Road, and the district's policy is not busing students unless it's a mile. Your talking about creating a subdivision that if the students go across Fairview to school that's going to be a real haaard for those children to go across. Wayne Forrey: After Mr. Yorgason and I met last week to discuss that very issue with this project, I met with the school district and they've identified the school site to serve this particular subdivision, not on the north side of Fairview but a school site • • MERIDIAN CITY COUNCIL JUNE 15, 1993 RAGE A they just acquired or at least have an option on, south and east of this site about a mile and a quarter from Crossroads. This subdivision would be at the extreme northwest of that school site service area. Yorgason: We are on record as supporting an impact fee for the schools. We think that that's something that needs to be addressed and we think it needs to be addressed in a rapid fashion and as developers we are very supportive of that. Kingsford: Again, before final platting I'd like for you to consider a possible outlet into the south and east that might accommodate those children. Yorgason: We will certainly do that. Corrie: On the south side, what length is it between the south edge of your property and the railroad tracks? Yorgason: Kingsford: Around 3~i~Q1' . Thank you. Anyone else? Tom Wright, 1412 W. Idaho, Boise, was sworn by the attorney. Wright: It's difficult to be to precise tonight Mr. Crookston as to exactly how it's going to be screened. Our commitment to this community and to Mr. Yorgason is that we will put covenants against all the property surrounding him that will do a®ong other things restrict height, color, hours of operation, landscaping separations, etc.. We have discussed three variations of separation per say between residential and commercial, one would be fencing, one would be landscaping and one would be berming. I don't know tonight precisely in what combination, what percentage proportion of those we will use but I will assure this Council and this community that there will be separation between the residential and commercial but we have to do that in tandem with Mr. Yorgason. Crookston: I know that in these other situations that this has arisen there is quite of bit of concern about light coming in from the commercial and sound. Are those issues going to be addressed in your COVenants? • • MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 9 Wright: Yes they will be. Discussion about minimum square footages - see tape. Corrie: Expressed concerns about 300' strip. Discussion on that - see tape. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. The Motion was made by Giesler arod seconded by Tolsma to approve the preliminary plat for Crossroads Subdivision conditioned upon meeting all staff and agency compents. Motion Carried: All Yea: ITEM #10: PUBLIC HEARING: PRELIMINARY PLAT FOR CARNELIAN SUBDIVISION: TWO LOTS 20NED R-4: Kingsford: I will open the public hearing at this time and invite the owner or a representative to speak first. Keith Laveless, Loveless Engineering, 3330 Grace Street, Boise, was sworn by the attorney. Loveless: This is a two lot subdivision utilizing a common driveway off of a new street being built in Applegate No. i Subdivision until the extension south of NW 5th Street, there was no access to this lot, it was a landlocked parcel of ground. We are requesting a two lot subdivision with a reduced frontage but with adequate building site as delineated on the plat with the set backs predetermined by the plat. Any questions? Corrie: On this, it shows a 40' com®on ingress - egress but it's only twenty feet and it goes 20' into the other lot, is that correct? Loveless: Yes. Corrie: So you've got a 20' driveway. Loveless: Yes. That allows basically two way traffic in and out. It would be a common maintained driveway between the two. Kingsford: Private lane? • • (+~ERIOIAN CITY COUNCIL JUNE 15, 1493 PAGE lm Loveless: It depends on how your code defines private lane. Kingsford: Your not talking about the Highway District maintaining it? Loveless: No. We just tried to build this as one wide driveway with landscaping on the sides. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. Corrie: I didn't receive any comments from the City Engineer or the Fire Department, does either one of those have any comments that they want to bring to our attention? Eng. Smith: As Keith mentioned the sanitary services are being stubbed to the lots from that's now going on in Applegate Subd., it ap this is a reasonable use for this property as an The Ada County Street Name Com®ittee requested street, I was confused on that and I'm sure it their part. sewer and water the construction pears to me that in-fill project. a name for the was a mistake on Chief Bowers: There can be no parking in that ~0' egress-ingress going into lot 1 and 2. My biggest concern was if that get's tied up with a motorhome or a travel trailer or cars or something. Concerns about fire trucks getting in and out of that area. Corrie: Would this require a variance as well since it's 70' frontage rather than 8~t' frontage? Wright: Yes it would, which was in the original application. When we prepare the final plat face, the notes and the delineated easement for the Fire Department will be on that plat so that it will be on a recorded document. Kingsford: Counselor will we have to have the Findings of the variance? Crookston: You will and they have not been done. The Motion was made by Currie and seconded by Yerrington to approve the preliminary plat for Carnelian Subdivision subject to the grant of a variance prior to the final plat. Motion Carried: All Yea: • . MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE li ITEM #11: REQUEST FOR ITINERANT MERCHANTS PERMIT: VENDING CART SELLING HOT DOGS AND ASSOCIATED SNACKS IN DOWNTOWN MERIDIAN BY GEORGE W. KENNEDY: George W. Kennedy: I'm own a vending cart on some time putting this rules and regulations. Johnson which takes ca~ this area. Questioned explanation given - see requesting a license to sell hot dogs and the streets of Meridian. I spent quite together and have gone through all the I've worked extremely well with a Carol re of your Health Departwent issues out in extending the expiration date. Further tape) Corrie: George do you anticipate any probles if there's three different vendors? Kennedy: No sir. Yerrington: I notice there's been a cart up at the Post Office doing this service, is that your cart or somebody elses? Kennedy: No sir, it's not mine. Forrey: The vendor your referring to is here tonight. -Mr. Earle contacted the City several weeks ago and one of the Secretary's got the call and his question was does the City have a business license and she answered correctly, and that is no we do not. So then he proceeded on that basis thinking that he had complied. He is here tonight to ask for a permit. Giesler: How late in the evening do these operate? Corrie: Questioned bar crowd. Kennedy: That's a very good point. The City of Boise did have a proble®, some of the Council members there got together, a lot of the owners got together and figured it wasn't a problem of the vendors. Well it can go both ways. If the City of Meridian would like us to shut down at a certain time we'd be more than welcome to do so. I would like to operate between nine and ten o'clock in the morning until whatever the City Council allows me to do in the evening. Crookston: Limited to 9Pft days unless a variance was obtained. Discussion on number of days allowed - see tape. • MERIDIAN CITY COUNCIL JUNE 15, 1993 RAGE i~ • Yerrington: How many months are you planning on operating this? Kennedy: Twelve. Kingsford: It might be appropriate if you go ahead with the ninety days and then review it. The Motion was made by Tols^a and seconded by Yerrington to approve the Itinerant Merchants Permit for George W. Kennedy to be reviewed on September ~1, 1993. Motion Carried: All Yea: ITEM #1~: REQUEST FOR ITINERANT MERCHANTS PERMIT: VENDING CART SELLING HOT DOGS AND ASSOCIATED SNACKS IN DOWNTOWN MERIDIAN BY THE WEENY WAGON, STEVE MOSS: Steve M055: Basically what I wanted to talk about was the after hours. Your saying at two o'clock, a lot of people come out and they stand around and hang around until 2:31 - 3:®0. I don't particularly care to work that late ®yself. I just basically wanted to do a lunch deal frory about ten to two and that's it. The Motion was made by Yerrington and seconded by Tolsma to approve the Itinerant Merchants Permit for Steve Moss to be reviewed on September ~i, 1993: Motion Carried: All Yea: ITEM #13: REQUEST FOR ITINERANT MERCHANTS PERMIT: VENDING CART SELLING HOT DOGS AND ASSOCIATED SNACKS IN MERIDIAN BY GARY'S HOT DOGS, GARY EARLE Gary Earle: I just wanted to do a lunch deal also. The Motion was made by Yerrington and seconded by Tolsma to approve the Itinerant Merchants Permit for Gary Earle to be reviewed on September ~1, 1993 subject to receiving the proper bond: Motion Carried: All Yea: (MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 13 ITEM #14: REQUEST FOR ITINERANT MERCHANTS PERMIT: TRUCK GARDEN SALES LOT AT CHERRY AND CINDER BY WILLARD POLLACK: Willard Pollack: I'm applying for a fresh produce sales, myself and my brother-in-law. Presented drawing of what is to be set up to Council. Usual hours from ten in morning to six or seven maybe five days a week. We are going to clean this lot up and take all the weeds off of it. We do have permission to be there from the property owner. Giesler: Wauld it be an issue of how close the pickups would be parked there. Kingsford: I think ACRD would have some input on this too. Pollack: We've got quite a bit of variance we can come back. Explained curb cuts. Kingsford: What's the time frame that you operate during the year? Pollack: During the growing season, in other words about 6 months. Kingsford: I think you need to contact and get approval from ACHD. What's the status of a bond? Forrey: It has not been submitted yet. Pollack: We'll get a bond. Crookston: I believe that I need to step down on this issue due to conflict of interest. The Motion was made by Corrie and seconded by Yerrington to approve this request subject to meeting Ordinances, ACHD recommendations and a written letter received from property owner giving permission for this use and to be reviewed September 21, 1993. Motion Carried: All Yea: • • MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 14 ITEM 1115: REQUEST FOR ITINERANT MERCHANTS PERMIT: NATIVE AMERICAN ARTS AND CRAFTS BY SHARON CAYLER: Sharon Cayler: I sell Native American Crafts. Trouble interpreting Ordinance concerning City property or private property. In case it covered both I went to get a bond and found out that for someone like me that just comes into town and wants to set up for a few days at a festival, you can't get a bond that fast. They allow ten to fourteen days for a credit report, then they sent the information to their home office wherever it happens to be for approval and I went to two different insurance companies and got the same results. Questioned if bond and license is waived if it's a Chamber function? Kingsford: If it's a Chasber function or the Dairy Board's function we don't operate the itinerant merchants.. Cayler: Events moved to August. So it only applied to public property? Kingsford: It applies to any property in the incorporated City limits. Cayler: So there's no way you can sell without a bond? Kingsford: Under our current Ordinance that would be right. Cayler: Thank you. ITEM 1116: REQUEST TO ALLOW PARKING OF CONSTRUCTION WORKER'S TRAILERS ON CHRIST LUTHERAN CHURCH PROPERTY BY JERRY ROHNERT: Jim: What we are doing is putting an addition onto our church. As part of that we have retired members of the Lutheran church who cover country and do construction and help church members build new churches and additions. We need to make arrangements so that they can park their trailers. We know that we have five that are coming, they will be placed on the north side of the church where they would be hidden from the street basically and also at that time they watch over the property as far as the construction site and everything else. We just want to make sure that this is okay to do. Tolsma: Are they going to be hooked up to the City water? • MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 1S • Jim: Temporarily hooked up to the City sewer into our sewer system and they will have water put out there for them. They will have electricity and we will have it available for them. Corrie: Do we have the proper hookups that they would need? Eng. Smith: I haven't seen the site plan on it. Kingsford: Do you know where they plan to dump the sewer? Jim: We've got it set up where they can hook up into a pipe and it will turn around and travel down into our system and then just go right out into the regular city sewer. The Motion was made Giesler and seconded by Tolsma to approve of request to allow parking of construction workers trailers for the Christ Lutheran Church conditioned upon meeting the necessary approval of our Staff. Motion Carried: All Yea: ITEM #17: REQUEST TO CONSIDER POTENTIAL REGIONAL BICYCLE BMX RACE TRACK IN MERIDIAN BY BOISE VALLEY SMX, ROGER ANDREE: Terri Oarlock, 1385 Meridian: I'm Treasurer of the Boise Valley BMX Club and we are looking to eupand our club facilities for the youth and adults of the area. We currently have a track in Boise. fGave brief background on organisation - see tape) At this point we would like some assistance in trying to find a location to place a track that would have water access so that we could water the track, so that we could have restroom facilities. It would be nice if it was in a park like situation. Could I answer any questions that you may have? Kingsford: I see that your seeking three acres of land that meets those guidelines, I guess to a degree you and everyone else and I recognise the advantages of your program, we have been involved with Boise and Ada County to look at parks jointly and so on and I think that's something that we should certainly look at with them. At least at this juncture I know of no land that the City controls that would accommodate that. We will certainly take that into consideration. Thank you. • MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE ib Tolsma: I also submitted this to Walt Casey from Western Ada Recreation District. Mr. Rudd: He didn't think that he had a space for it and it would not work out with his baseball field and the residential areas. I don't think frankly that it would work out real good close to residential areas. It's a real opportunity for Meridian because your central in the area to most of the developments between Caldwell and Boise. tFurther - see tape) Crookston: I'm just wondering if that might not be something that they might address to the Idaho State Police in their new area off of Franklin. Kingsford: That may be a possibility. Yerrington: How about the land behind the Speedway that the City owns? Kingsford: A problem is getting back to park. Rudd: We'll look into those suggestions, thank you. ITEM #~ 16: REQUEST TO REIMBURSE 'E 1, 395. ®tll I N SEWER CONNECTION FEES RESULTING FROM CHANGE IN SEWER LOCATION, BY MARTIN J. LANDHOLM: Loren Dall: I'm the contractor on the project and we're constructing a new developmental center on the corner of Pine and W. 15th. The facility is to service mentally retarded children and adults and we're building it on two city lots. When we got our plot plan back from the City it showed the location of where the two stub outs should be and so we set up the sewer lines in the building to go to the Pine Street sewer stub out because that would be the closest and most convenient for the project and we just assumed that stub out would be there like the city had drawn on the map and unfortunately when we got out to the street to the designated location there was no Sign of it. Then we started following the sidewalk and went probably 4G' in one direction and ~ti1' the other way and still no sign of it so I had the building department come out with the original sewer construction plan that again showed it right where we had dug to originally and he • t+gERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 17 said, well he had seen them sometimes completely on the opposite end of the lot than what it's shown on. We decided to proceed with a little more digging and we dug almost all the way down to the other corner of the lot and still no sign. I spent quite a bit of time trying to determine the best way to find it. tExplained different options - see tape) Ended up with no choice but to go all the way around the building, across the front of the property to this other stub out on W. 15th which added about more than 120 feet of extra digging. We ended up with a lot of labor invested, a lot of equipment time and a lot of extra expense with the plumber. We feel like the lot should have been serviced like the original construction plat showed and apparently for some reason it was missed. We feel that we deserve the reimbursement because of the fact that it wasn't there and it was shown it was supposed to be there. Kingsford: Gary do you have a recommendation? Have you had a chance to review that? Eng. Smith: Only from the standpoint that Wayne gave me a note when Mr. Landholm came and talked to him about not being able to find the stub. If I could make a few comments. Number one the position that these gentlemen find themselves in is not uncommon in the City of Meridian especially in the older platted subdivisions. At the time those were built there was not much record keeping done. So basically all we have are the drawings that were prepared at the time by the developers engineer showing where these stubs are supposed to be and there wasn't much field observation and record drawings made showing that the stubs were actually there. The water stubs aren't as much of a problem because obviously the meter tiles were installed so those are visible from the ground surface, but the sewer Stubs continue to be a problem in the older platted subdivision areas. Basically we have tried to get the developers or the builders as much information as we have in our files. I always give the information with the statement that this is all we have, we don't know if this is accurate or not. In most cases they have been able to find them. There have been several instances where they have not been able to find the stub. In those particular cases we did make an agreement between the builder and the City and we sent a camera down the line and the City has picked up half the cost of that camera to try and find the stub. I don't know that it's the City's responsibility to do that. When a builder buys a lot, it would be my impression, and I may be wrong, that the • MER I D I AM C I TY COUIdC I L JUNE L5, 1993 PAGE 18 i seller of the lot is providing a connection to the City sewer some how. The other thing is that we don't have maintenance responsibility for service lines. Those are, by ordinance, outside of our responsibility for maintenance and ownership. They are the maintenance and ownership responsibility of the lot owner and that is written in the sewer ordinance. The assessment cost is for capacity in the wastewater plant. When they pay an assessment fee for sewer or water it's for capacity in our plant facilities. It doesn't have anything to do with the availability of the service line. That's just some background for you on what we have dealt with on these older platted subdivisions and the records are not good and in a lot of cases we've had some people where the line was not found at all and a new service line was necessary. In those particular cases the seller of the lot paid for the service line. Kingsford: Thank you Gary. Giesler: How old of a construction plan was it? Kingsford: This line would have been put in about 1977 - 78. Cowie: Did I hear you right Gary that this should possibly be the responsibility of the land owner that sold it to them? Eng. Smith: I don't know Mr. Cowie that's just my perception of buying a piece of land. I'm not sure that that's a condition that's typically placed on a purchase agreement for a parcel of property in a subdivision or not, I'm not sure. Cowie: Maybe they should go to the land owner first. Kingsford: Who was the engineering firm that did that? Eng. Smith: Don't remember. Kingsford: I'd suggest to the Council that we have Mr. Yerrington, the sewer commissioner work with them and see if they can't seek remedy through those two sources. The. Motion was made by Corrie and seconded by Giesler to have Mr. Yerrington work with Mr. Landholm on a remedy. Motion Carried: All Yea: • MERIDIAN CITY COUNCIL JUNE 15, 199 PAGE 19 • ITEM 1119: RECONSIDERATION OF CITY POLICY TO TILE THE KENNEDY LATERAL IN ELK RUN SUBDIVISION AND RELATED PROPERTIES HY PACIFIC LAND SURVEYORS, TOM EDDY L.S. Mike Preston: I'm working with Tom on this particular project. Tom is involved with a property owner, not on the Elk Run Subdivision that's being constructed now but a piece of property just south of it, the adjoining triangular piece just south of the Elk Run Subdivision and I'm going to be doing some engineering for Tom and we were told 6y the property owner that we would be required to the this ditch because they had to in a previous subdivision. 1 was really surprised and wasn't aware of this. I got your Ordinance and read it and it says that the City may waive this requirement for covering suph ditch, lateral or canal if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. We came in and met with Mr. Smith and Mr. Forrey on this issue and asked them if anyone had contacted the specific irrigation district, which was Nampa Meridian, in relation to this particular ditch and at least the record did not show any contact. So I took it upon myself to make this contact and I met with Mr. John Anderson, who I believe also sent you th15 letter but I'd like to read it. Kingsford: We have it also. Preston: Essentially it's saying that although they aren't objecting to the tiling of it that on a facility as big as the Kennedy Lateral, piping would probably be impractical. It seems to me that my case with you gentlemen is to just discuss at least the public interest that's served by tiling this ditch as opposed to us fencing the property. It would seem to me that a major factor here is safety of children. We need to keep the children out of these irrigation districts, I think that's the original intent of the Council's situation and it's certainly one to be considered. tPresented quick sketch of property to the south with explanation - see tape) Believes that Kennedy Lateral is to big to be affordable to pipe. Kingsford: Explained repeated problems with open ditches. Crookston: It was my understanding that the owners of Elk Run Subdivision own the property to the south of their subdivision. n MERIDIAN CITY COUNCIL JUNE 15, 1993 RAGE 20 Preston: I don't know. Crookston: If they do, we're talking about the same people as far as cost doing both areas. The other thing, on the Nampa Meridian letter it did indicate that they piping was the preferred method. Preston: That's correct. Kingsford: So what your saying Mr. Crookston is that the same people that was in for Elk Run knew of this requirement and then purchased this property. Crookston: They represented that they owned the property at the time that they were platting Elk Run. Preston: That doesn't surprise me. As I understand it they did not know that they were going to have to the this ditch until after the fact. Crookston: It's been in our ordinance for at least two years. Preston: Let me assure you that I believe I remember the case where the City got involved in, I was familiar with that case. There wasn't right of way, that was a Settlers Ditch and they through the subdivision process did not maintain their right of way. This is a seventy foot strip, thirty five on each side. If they had a fifty foot strip or whatever they needed there that was fenced the City wouldn't have been involved in piping that canal the way you had to. There was no way to get in there. !Explained further - see tape) Kingsford: I think the one thing that we were able to get out of Settlers and my suspicion is that you very likely could out of Nampa Meridian and that is a reduction in the width of that easement if it's piped, which would be a benefit to you. Secondly I feel that those developers need to look at spreading those costs over the existing Elk Run portion which your not talking about anywhere near then the same dollar per lot figure. tGave dollar figures and further discussion - see tape) The Motion was made 6y Giesler and seconded by Yerrington to deny this request for not tiling the Kennedy Lateral. Motion Carried: All Yea: ~ ~ MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE ~i ITEM #~®: RECOMMENDATION FROM CHAMBER OF COMMERCE DOWNTOWN IMPROVEMENT COMMITTEE REGARDING LAND ACQUISITION AND PARKING DEVELOPMENT OPPORTUNITIES, JACK SWEET AND TERRY SMITH CO- CHAIRMAN: Jack Sweet: I'd like to read a motion ®ade by the Downtown and Technical Review Committee of the Chasber of Commerce which is dated f~-6-G8-93. The Motion was made by Tom Fulton and seconded by Howard Foley and the motion reads move that the committee recommends to the City Council that they acquire Parcels A and B by condemnation to be considered at the City Council Meeting on ~6-15-93. If the City Council chooses to not consider the downtown development, the chairman should bring the committee back together within 7 days of the Council meeting to look at parking alternatives. It's our hope that the City would provide and hold an open discussion on the total process of the land acquisition and the condemnation proceedings in particular. I recognise that we probably, if we conclude the acquisition that's now under consideration there probably isn't appropriate monies to do very much of anything in addition but I think an understanding would be desirable in any case of how the Council feels about condemnation. I think at one time we thought that it was part of the process but I think it wasn't your pleasure. I hope you might respond to that and tell us what your feelings are. Kingsford: Mr. Forrey has re-evaluated where we stand today with the tentative budget, we've managed to just about eliminate it totally. But with regard to your question certainly the Council's input in answer to your question is appropriate with regard to condemnation. Giesler: I have a real problem yet with condemnation. The reason being myself is I'd hate t o tell someo ne what their go ing to pay for a piece of property. tEkplained - see tape) Fe els this is not benefiting very many businesses. Far the amount of businesses that would benefit I don't think the City can get involved. I personally cannot support th e condemnation on something li ke this. Kingsford: I might just offer my view point on it. I'm not terribly against condemnation. I have some real concerns about using condemnation in an activity like this just from the bottom line standpoint. When you look at the sire, the total scope of • 19RERIDIAN CITY COUNCIL JUNE 15, 1993 RAGE 2~ what we're considering at this juncture to go into a condemnation suite your going to spend way to high of percentage on attorney's fees. I've reviewed what it has cost for example the State to condemn properties at Eagle Road Interchange, etc. tSee tape for further - see tape) Tolsma: I have a hard time with condemnation - tFurther - See tape) . Corrie: I've talked to a considerable number of people and I don't feel it's in the interest of the City. It would cost the City more than it's worth. The cost would not justify condemnation proceedings. Sweet: I'm not sure that I have any particular quarrel with your opinion on this. However, I think it's necessary that we understand it. I would say ®ob that probably there are thirty businesses affected. tExplained - see tape) I would like to also suggest in our planning since Wayne will be active in that area, we do include something for parking for the future. Yerrington: Do you people get together about your employee parking? Do you try to, get them to park two or three blocks away and walk to work to give these parking spaces to your own businesses? Sweet: What we insist that they do is not park in front of anybody elses business in the downtown area and after that it's everybody grab your best hale. tEKplanation - see tape) Kingsford: Thank you. Eric Thierhouse: We do own the property that Mr. Sweet is talking about. We did set a price on it and I believe you had it. The reason was, we've got over ta85, ~~®. ~~ t i ed up in thi s property. Number two, Mr. Sweet says his people park two or three blocks down, I've been to Mr. Sweet's office several times in the last few months asking his people to move their cars out of that particular parking lot. The people who do park there have asked and got permission from us. Kingsfard: Thank you. We are aware of that need for parking. • MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 23 ITEM #21: DEPARTMEtdT REPORTS: • Chief Bowers: We have our new fire truck, the chassis ,is done and we have already paid for the new chassis. The whole fire truck will be done probably in October. Kingsford: Thank you. Lt. Norm Williams: Thanked Council for two new cars. Kingsford: Thank you. Crookston: I submitted some information from an outfit called Big Sky Cable. I need some direction as to what the Council wants to do with that. Kingsford: I would suggest that we authorize the attorney to review that and present that back to us. The Motion was ®ade by Giesler and seconded by Corrie to have the City Attorney review Big Sky Cable's proposal. Motion Carried: All Yea: Giesler: Last Friday we had bid openings for the re®odeling of the old post office so that we can move the Police Department to that location. We received three bids. The low big was for 3147,998.00. I would ask that we approve that low big so they can get started right away. Kingsford: The Chief had indicated to me that he'd like to see both of those alternates in there which would bring it to X157,000.00, still by far the low bid. The Motion was made by Giesler and seconded by Yerrington to approve of the low bid from Hasegawa, Inc. and Associates with the low bid of X147,998.00 and to authorize the Mayor and City Clerk to sign appropriate documents. Motion Carried: All Yea: Currie: Two things, one is Western Concrete, I'm being advised by residents out there that nothing is being done. They've added another fifth wheel out there and also putting in some big eighteen wheelers and it looks like they are mixing their own concrete out there. MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 24 Corrie: I was told by one of the residents out there that they are getting ready to hire an attorney for law suits, that may include the City I don't know but I think we better look into that very very quickly. Forrey: Actually the letter has not been submitted to Hest Western yet. We prepared a draft, it went to Wayne Crookston, he had a conflict of interest so it went to Jack Riddlemoser and he got that back probably middle of last week. We then submitted it to Bill Collins the attorney for Best Western. We'd agreed to let him have some input. He came back and said that his clients had agreed to everything except a question on the berm on the slope. Gary and I have been checking into that and I think the letter could probably get out to.orrow or the next day. It would be 3~t days from the date it is mailed for compliance. Corrie: Would it be appropriate to at least let somebody out there know what's happening. Forrey: I will do that. Corrie: The property of Fiscal Funding Company that property at 1163 W. Pine, I believe the Counselor told us it is now up, is that correct? Crookston: It's up today. Corrie: Perhaps we need to have the building inspector go out there and look at that, either condemn it or something because of the problem the police department is having out there. The Motion was made by Corrie and seconded by Tolsma to have the Building Inspector condemn the building and get it removed from 1103 W. Pine. Motion Carried: All Yea: Kingsford: Read Proclam Town. I've also received for Fiscal 94 Budget, membership contribution contribution request for let me know. at ion Declaring June 19th as Paint the from Ada Planning Association a request again they are asking for general based on their formula. A total #6, 498. ®~f. Give that some thought and Forney: Gave explanation on Development Fee Committee Assignments. Hoping for Committee to start July 1st to address these items. Explanation given - see tape) • r MERIDIAN CITY COUNCIL JUNE 15, 1993 PAGE 25 Kingsford: Let's have each Council Member see if they could come up with one name that would be willing to serve on this committee. Forrey: Comp. Plan Update is on schedule. I would ask this of you during AIC, I know that's a fun time and you need to relax but I'm going to be working on the policies and I'll probably be shipping to you a few things to review. Right after AIC we need to start with that development fee committee and get them working. Explained Roundup Program to Council - tsee tape) - Requested Executive Session to discuss land acquisition. The Motion was made by Giesler and seconded by Yerrington to go into Executive Session to discuss land acquisition. Motion Carried: All Yea: Kingsford: Call meeting back to order. Discussed in Executive Session was the land acquisition and downtown parking issue. No final decision was made. The Motion was made by Corrie and seconded by Tolsaa to adjourn the meeting. Motion Carried: All Yea: QTAPE ON FILE OF THESE PROCEEDINGS) APPROVED: GRANT P. K I NG F D, R ATTEST: ~!. WA NE FO REY, CITY CLERK clt • ~ 1 NAME: PUBLIC MEETING SIGN-UP SHEET PHONE NUMBER: ~~~ ~~~