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HomeMy WebLinkAbout1999 10-19 PreMERIDIAN CITY COUNCIL PRE -COUNCIL MEETING OCTOBER 19, 1999 The pre -council meeting of the Meridian City Council was called to order at 6:50 p.m. on October 19, 1999 by Council President Charlie Rountree. MEMBERS PRESENT: Charlie Rountree, Ron Anderson, Glenn Bentley, Keith Bird. Mayor Corrie joined the meeting at 7:19 p.m. OTHERS PRESENT: Bill Gigray, Shari Stiles, Gary Smith, Will Berg. Rountree: I'm going to go ahead and open the – where's the agenda – pre - council meeting scheduled for 6:45. It's now 6:50. The pre -council is open. Folks in the audience bear with us. This is the first time we've attempted to do something like this. We're learning. Hopefully to expedite things that are going to occur from 7:30 on until the wee hours of this morning. Like to first hear from Shari, specifically related to some of the information that we just received in our box. Are there any highlights there that you would like to advise us and from Mr. Gigray and from Gary Smith as it relates to some of the staff items later on? You can get us up to speed on some of the staff items so when they come up later on we can just go right to them. So, Shari, if you'd start. Stay away from the public hearings, per se, as it relates to the Findings and Facts and conditional use permits and the actions that we'll be taking, and if there's any recommended tablings that have come forth. ITEM 1. TABLED 10/5/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: 111114 01171 [rI+.Kel y_[elr_1►1 mZ9191 k1 m b9 [el k, me] a LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL: ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL—LOCATED AT 2241 E. CLARENE STREET: ITEM 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS -1302 E. FIRST STREET: Meridian City Council Pre -Council Meeting October 19, 1999 Page 2 ITEM 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER — NORTHWEST CORNER OF MERIDIAN ROAD AND TAYLOR AVENUE: ITEM 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT (BOAT STORAGE) AND REMOVE OR RELOCATE: EXISTING SMALL DETACHED GARAGE BY MEL AND DEBI LACY — 1414 N. MERIDIAN ROAD: Stiles: Item 1, 1 believe we're still waiting for an annexation and zoning request for the parcel that was left out. There's a triangular piece that's an enclave, and staff had requested that be included as part of their request. Their attorney, Mr. Shoemaker, said the City had the ability to do that, and the City should be responsible for preparing that annexation and zoning, and Council did not agree or they didn't state they agree with them, and so I think we're still stuck at having that enclave and not being able to proceed with Items 1 and 2. As far as Item 2, they've also proposed some changes for the public roadway that was approved by Ada County Highway District Commission to come from Fairview Avenue. Now they have verbally discussed coming in through the Michner property for their access, and we haven't seen a new plan on that. Conditional use permits for a daycare, I don't know that there were any problems with that one. Let's see. On four, this was the Kids Club, conditional use permit to add another building to expand their facility for the daycare. The only thing that we had added to those Findings was to ask that they add some kind of architectural feature to the west side of the building such as awnings or windows or some kind of treatment that would be reviewed by staff. Number 5 is pretty straightforward, just to add some storage units on the remainder of the parcel owned by Berta Wagner where the Napa store is now. Number 6 is for expansion of a non- conforming use in a C -C zone. They're asking to add an attached two -car garage and a carport and relocate their detached garage. Besides being the non -conforming use, we'd ask that if that detached garage were going to be relocated that it meet all uniform building codes, uniform building and fire codes. Seven was — Rountree: Question, Shari. Are you satisfied that the Findings of Facts contain that information, or are you asking that be added to it? Stiles: That was in the Findings. Rountree: Okay. Don't confuse us. Meridian City Council Pre -Council Meeting October 19, 1999 Page 3 ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L -O BY MIKE GAMBLIN—LOCATED AT CHERRY LANE AND LEISURE LANE: ITEM 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC—SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Stiles: Seven would be for an existing – the L -O parcel fronts on Cherry Lane and they've asked for the remainder of that lot be rezoned to L -O so they could build a new structure, and I believe the right-of-way was addressed at the last meeting. Tarawood Subdivision, this was a request for annexation and zoning of that parcel that was surrounded by Sherbrooke Hollows and Los Alamitos. This was the one where the preliminary plat was denied. I believe they had requested reconsideration, but this is just for the annexation and zoning of that 12.801 acres. Anderson: I have a question on that one, I guess, for the counselor is has there been anymore requests for them for a reconsideration and what are we doing on that? On the preliminary plat. Stiles: I just recall that they had made that request at the meeting, and I don't know if it had been re -noticed or if they made some kind of formal request or really what was required of them. Maybe Mr. Gigray can answer to that. Gigray: I'm not aware of any follow-up. Excuse me, Mr. President and members of the Council. Councilman Anderson, I don't recall or know, I haven't been advised of any request for follow-up on that other than the Findings that have been prepared, and I believe that one has a development agreement that was prepared subject to the (inaudible) Findings. And, of course, this matter here is the annexation and zoning and not the subdivision request. Anderson: Right. I was just trying to find out if they had done anything else on the other requests. •2'illiii'���1�i111 Berg: Council President, Councilman Anderson, at the last meeting, they asked for reconsideration and we noticed for a new public hearing for November 3rd, I believe. I think that was the soonest that we could get it on the notification for them to come in and for you to re-evaluate or them to re -do a preliminary plat. We haven't had any other information received in our office concerning that, but it is on the agenda for the 3rd of November. Meridian City Council Pre -Council Meeting October 19, 1999 Page 4 Anderson: Okay. Thank you. Rountree: Thanks, Will. Does that answer your question? Anderson: Yes. Thank you. Rountree: Okay, Shari. Back to you. ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R -T TO C -G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: Stiles: Number 9 would be the Sonntag Eye Associates, it's also been called the Alan Care Center, I think it's also been called the Magic View Center. The main issue there, of course, is we had asked for a revised site plan which I believe we received either yesterday or today, and the issue of the water and sewer and the fact that that hadn't been turned over to the City yet. Rountree: Gary. Smith: Mr. President, Council members, we have a contractor that is improving a water system in that area, and they contacted the contractor who installed the water and sewer lines for the Holiday Inn Express to get their permission to connect their water line that they're building with the water line that was installed for the Holiday Inn. The contractor did give us approval or give the contractor — our contractor approval to connect so that they could pressure test and flush the lines. Beyond that, nothing has happened in terms of my request in written form to that contractor to allow us to go in there and finish the job. I haven't received any word back from them. Bird: Mr. President. Rountree: Mr. Bird. Bird: Gary, is that the one that's got the lien on it? Smith: Yes, sir. Correct. Bird: The lien's on the property, not on the sewer line. Smith: That's correct. Bird: So basically, that sewer line is not liened. Rountree: It might have a little slope to it. Meridian City Council Pre -Council Meeting October 19, 1999 Page 5 Bird: Yeah. It leans. Mr. President. Rountree: Mr. Bird. Bird: Counselor, got something here. Gigray: Thank you. Mr. President — Rountree: Need your microphone. Gigray: Gary and I have been working together on this, and I would just say that our concern is, one, the City doesn't want to be in a position of accepting for perpetual maintenance a line until Public Works is assured that it'll meet our standards. Secondly, we do not want to invite some kind of lawsuit with regards to taking control or possession or authorizing construction or finish of construction on that line that's in the right-of-way until it is clear that the owners of the property and the contractor involved area aware of the proposed action and consent to it which would mean, I think, an express waiver on their part which would mean that we could proceed then with the other land owners to get that project complete, and I think Gary is proceeding appropriately on that to get the necessary approval so that that can get done. Bird: Mr. President. Rountree: Mr. Bird. Bird: Is that what you're talking about, Gary? That Sonntag had already got approval to go ahead and hook to that existing line from the contractor that has the lien on the property that the line was originally put into — for? Smith: No, sir. What I was talking about was a contractor that we've employed to do some water works out there in that same area, and they just wanted to connect to these lines in order to facilitate the testing of their installation for the water. Rountree: As it relates to this annexation, Findings of Facts, there's really no decision in Findings and Facts in terms of the annexation and zoning. There's — don't have a resolution that says we're approving it or denying it or tabling it or — Gigray: Are we on Item 8? I'm sorry. Rountree: Item 9. Smith: Nine. Meridian City Council Pre -Council Meeting October 19, 1999 Page 6 Bird: Findings and facts (inaudible). Smith: Aren't there Findings in the packet? Bird: Yeah, there is. Rountree: But there is no — Smith: I don't see where they go on and recommend (inaudible) Rountree: They lean towards approval, but there is no statement that we're approving annexation and — Gigray: I'll pull that file. Rountree: Will you check on that? I think that's probably the direction we're going. Bird: That's what was approved. Anderson: It kind of eludes to that, but it never comes out and says that anywhere in the Findings of Facts and Conclusions of Law that I saw. Rountree: Anything new as it relates to these, Shari? Stiles: Nothing new on any of the — Rountree: Okay. Stiles: -- Findings. ITEM 20. DEPARTMENT REPORTS: B. GARY SMITH: 1. HIRING OF CONSULTING ENGINEER -LATECOMER AGREEMENTS 2. INTERSTATE 84 SEWER CROSSING (LATE COMER'S AGREEMENT) 3. CITY OF MERIDIAN WATERLINE PROJECT, PHASE II Rountree: Gary, you want to go over your items on the agenda, and John's, I guess. Smith: Yes, sir. Thank you. We want — Item No. 1 is we want to retain a local consulting engineer to help us in calculating the late -comer fee structures for Meridian City Council Pre -Council Meeting October 19, 1999 Page 7 requested agreements that we have for both sewer and water line extensions that have been made by developers. We will utilize a standard format that Bill Gigray will review. I think he has one that he has already prepared that Bill and I talked today about, and he will send a copy of that to Bruce Freckleton so that we can have that as the basis of inserting these values for the sewer and water late- comer agreements. In order for us to facilitate the completion of these agreements, I needed some help, some outside help, so we have a proposal from Keller Associates here in Meridian to do that calculation part of the late- comer agreement. Item No. 2 is the request by the developer that's involved in extending the sewer line under 1-84, and he's just requesting that the City enter into a late -comer agreement with him so that he can recover costs that other land owners won't incur initially by developing this sewer line. Rountree: Any questions of Gary so far? Anderson: No. Bird: I have none. Smith: The third item is the City of Meridian Waterline Project, Phase 11. 1 have two ditch -crossing agreements from the Settler's Irrigation District that need to have your approval and signature or authorization for the Mayor and the City Clerk to sign. These agreements were prepared by the attorney for the Irrigation District, and since they were submitted to us for review and approval, they have been submitted to the Irrigation District's Board of Directors, and they have also approved them as they exist in your packet tonight. They didn't make any changes. Bill Gigray has reviewed them, and he doesn't have a problem with those either. They're probably a little more straightforward than that from Meridian's agreements but similar. Rountree: Questions, comments? Bird: I have none. Rountree: Okay. Smith: Thank you. C. JOHN T. SHAWCROFT 1. CONTRACT FOR THOMAS B. DOMINICK, ATTORNEY AT LAW FOR PRE-TREATMENT PROGRAM 2. CONTRACT FOR PATRICIA BROWN (ENVIRONMENTAL CONSULTANTS) FOR QAQC PLAN Rountree: Item C, are you going to do John's? Meridian City Council Pre -Council Meeting October 19, 1999 Page 8 Smith: Yes. I can address the — I think I can address the issue on the pretreatment, Item No. 1. I'm not up to speed on the QAQC Plan that he needs to do. Item No. 1 is the need for us to develop a pretreatment program that'll be acceptable by EPA, and this is kind of in line with some of the requirements of our NPDES permit that has just been recently issued. John's concern after attending a pretreatment seminar is that we have some expertise in the environmental area from the legal side of our life, and Bill Gigray has worked with the City of Caldwell on some of their ordinances. I talked to John this afternoon, and I don't know this is — I guess at this point, this Item No. 1 is something that we probably could delay at least two weeks until we, John and I, have a chance to sit down with Bill and visit about what background he has. We obviously don't want to go outside the city for legal assistance if it's not necessary, and at the same time we want to be sure that we dot all the I's and cross all the T's that the EPA folks want us to for the environmental issues on the late -comers, excuse me, on the pretreatment program. When they come to this item, I will request that be tabled for a future date for consideration. The only thing I can relate to you is what John has written in his memorandum to Mayor Corrie and yourselves concerning this contract proposal for Pat Brown of Brown and Caldwell. Again, this relates to requirements from the NPDES permit that we recently received. That's about it. Rountree: That's it? Smith: Uh-huh. ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R -T TO C -G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: Rountree: Questions? Comments on the one item, Bill? Gigray: On Item No. 9, reviewing the Findings there, it has the necessary language to grant that application for annexation and zoning because it proscribes that we proceed with the development agreement and also that we proceed with an annexation ordinance and a zoning ordinance which is the application. Rountree: Usually there's a paragraph in there that says what our action — Gigray: There will be. Rountree: I know you cover it from various angles, but we like the most direct. Meridian City Council Pre -Council Meeting October 19, 1999 Page 9 Gigray: I don't know why that particular language isn't in there, but it will be offered for what needs to happen. Rountree: Okay. Gigray: So there wouldn't be a need for any delay. ITEM 17. APPEAL APPLICATION: REQUEST FOR APPEAL DECISION OF ZONING ADMINISTRATOR BY MIKE FORD/YANKE MACHINE SHOP: ITEM 18. REQUEST FOR SPECIAL PERMIT FOR USE OF PYROTECHNICS OCTOBER 29TH AND 30TH BY BRUCE YOUNGER, MERIDIAN ASSEMBLY OF GOD AND TEEN MANIA MINISTRIES: ITEM 19. APPROVAL OF CITY ELECTION JUDGES AND CLERKS Rountree: Mr. Clerk, do you have anything to enlighten us on like 17, 18 or 19? Berg: Council President, members of the Council, the appeal application, I believe you have the information from our attorney concerning that issue which we probably shouldn't discuss any further unless it's just a process or procedure in which you want to discuss with him. Item 18 was a request to be before the Council to ask for a special permit. After discussing this situation or this issue with the attorney, the fire marshal and also the Mayor, our ordinance doesn't allow us to give a permit or a special permit concerning this. Our fire marshal had telephoned them and had talked to them about this and possibly using other non -fireworks to get the same effect done, and he did not get back to me as far as what their response was, so I couldn't tell you if they were going to be here or not. Rountree: What you're telling us is we can't issue a permit based on our ordinance — we don't have the ordinance language? Berg: Correct. Rountree: Okay. So they can do it. Berg: They can — we can't issue them a permit. Rountree: For next year. Berg: We are working on a new fireworks permit that would probably allow that for next year, a 60 -day prior application, but at the current time, our ordinance Meridian City Council Pre -Council Meeting October 19, 1999 Page 10 doesn't allow it. And 19 is the list of judges and clerks for the City election. Any other questions? Rountree: How are those derived? Berg: The clerks and judges? Rountree: Uh-huh. Berg: The coordinator that I have, June Pack, goes out and solicits the people that she feels are experienced in doing these elections, so I leave it on the basis of her discretion. She's been doing it for many years, and the people that are on that list have experience in previous elections. ORDINANCE # 847 — OFFICIAL NEWSPAPER — THE IDAHO STATESMAN Rountree: Okay. Thank you. Mr. Gigray, talk to us about this resolution or ordinance. Gigray: Is this the ordinance regarding the official paper of the city? Rountree: Uh-huh. Gigray: Given the information provided to me that the Valley News is no longer able to publish, and given the fact that Idaho Code Section 50-213 says that the City is to designate by ordinance an official paper, and given the fact that the City has, as you well know, just innumerable items which we have to give and publish, it seemed to me in order to protect and assure that the Clerk is able to proceed under the direction of the Mayor and the Council for publication that we have some official action designating where that's done. The State Law requires that you first select a publisher within the city, if there is one, and if there is not, then you have to select one of general circulation that is published within the county. I spoke with the Mayor today about this and with the City Clerk. I feel that this is a situation where we can no longer use the Valley News because of their circumstances, and that we needed to have this ordinance passed and in place and we should not wait for the passage of the new Code Book for the passage of this ordinance. I have contacted Sterling Codifier, and I have arrangements with them that they will provide a corrected page so that when you have the new City Code before you for consideration which appears most likely in the second meeting in November, that correction, as you take action tonight will already be there so we don't have to change it again. Rountree: Are you proposing that we deal with this this evening? Gigray: Yes. Meridian City Council Pre -Council Meeting October 19, 1999 Page 11 Rountree: Okay. So we need to add that to the agenda. Okay. Gigray: And I would, Mr. President, with your permission, advise that this is with the consent and understanding of the Mayor. Rountree: Okay. Bird: We can put it in the consent agenda. Rountree: Is there any objection for consideration of consent agenda? Bird: Not me. I think it'd be great. (Inaudible discussion between Council members.) Rountree: Any other questions? Bird: I have none. Rountree: Council? Staff? Anything else you want to bring up at this point? Okay. Mr. Gigray. O DISCUSSION OF IDAHO INDEPENDENT BANK'S REQUEST TO MAKE ADDITIONAL REQUEST OF COUNCIL BY CHERRY LANE GOLF COURSE LETTER OF CREDIT. Gigray: Mr. President, members of the Council, I just want to make sure you have in your packets, I think we provided you with a memorandum at the request of the Mayor concerning certain features with regards to the discussion of the request of Idaho Independent Bank. Hopefully you have that in your packet. It should be with reference to the provisions of the leasehold deed of trust. Just explains my points on some of the provisions of that. I just want to make sure you have that in your packet because those were distributed. We also provided you, I believe it's been discussed by the Clerk, a memorandum just to acquaint you with procedure and possibly a legal issue with regards to the appeal which is Item No. 17. Rountree: Okay. Mr. Mayor, I'll turn it back to you. Corrie: Thank you, Charlie. Rountree: We're through with the pre -council meeting. If you want to go into adjournment for a few minutes, that would be fine. Bird: Recess. Meridian City Council Pre -Council Meeting October 19, 1999 Page 12 Corrie: I'll entertain a motion to go into adjournment. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we adjourn the pre -council meeting for 10 minutes until 7:30. Bentley: Second. Corrie: Motion made and seconded to adjourn until 7:30. All those in favor of the motion say aye. 1:11219MAIRWAY 01 MEETING ADJOURNED AT 7:19 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK