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HomeMy WebLinkAbout2000 02-01 PreMERIDIAN CITY PRE-COUNCIL MEETING FEBRUARY 1, 2000 The Pre-Council meeting of the Meridian City Council was called to order at 6:45 p.m. on Tuesday, February 1, 2000 by Mayor Robert Corrie. Members present: Robert Corrie, Keith Bird, Ron Anderson, Cherie McCandless. Members absent: Tammy deWeerd. Others present: Shari Stiles, Ken Bowers, Bill Gordon, Bill Nichols, Will Berg. Corrie: Okay. I’ll open the Meridian City Pre-Council meeting at 6:45, February 1, 2000. Council, questions in reference to the Consent Agenda? Item C. Dog License Agreement with The Pet Hospital: Bird: Mr. Mayor. On Item C, the dog license agreement, we’ve just been talking about it. I would like to see the Resolution changed for all these dog license agreements with the hospitals, the veterinarians and stuff, be changed by having the Police Chief or whoever makes up the agreement with and for them to have a standard form, but I want the Mayor to sign and the Clerk to attest, and I don’t believe that it needs to come before the Council every time if that’s agreeable with the other Council people. I think the Mayor should sign and the Clerk to attest on all our agreements. Anderson: I would agree with that. I really don’t think it needs to tie up the Council time. Is that agreeable? When we get into regular business at the end, I’ll just make a motion to do that, and that’ll be official; is that right, Mayor? Corrie: That’s correct. Item D. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Item E. Development Agreement: AZ 99-016 Request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Bews – west of Ten Mile and north of Ustick Road: Item F. Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane – 3610 W. Ustick Road: Item G. Findings of Facts and Conclusions of Law: AZ 99-024 Request for annexation and zoning of 20.05 acres to I-L by Albertson’s, Inc. – east of Eagle Road, north of the railroad tracks and south of Settler’s Canal: Item H. Findings of Facts and Conclusions of Law: VAC 99-006 Request for vacation of 20-foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al – Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Bird: Okay. Items E, F, G and H; everything’s fine, ready to go on that? All the Development Agreements and everything we need in there is in, signed and everything? Mr. Clerk? Anderson: I have a question on the one for Charles Crane, I guess it’s F. I got this letter from Bill Gigray and he was asking for clarification about whether it should be R-2 or R-4, and it looks like the Findings of Fact reflect an R-4, so what is it? R-2 or R-4 or where are we going? Bird: The motion if you look to the minutes was made to R-4, and I made the motion. I usually read it off of here, so I probably – let’s see where that’s at. Yes. Right here on the public hearing, it was R-T to R-4 by Charles Crane. That’s what the application was. Anderson: And in the attorney’s letter, he had indicated that the recommendation from Planning and Zoning – I thought it was from staff, too, that it was R-2. So I guess a question for Shari and Gary, was it R-2 or R-4 or did you guys have an opinion? Stiles: Mr. Mayor and Council, Councilman Anderson, the staff and the Planning and Zoning Commission has recommended the R-2 because it was in an area which was mostly the rural residential, and since it’s adjacent to the Wastewater Treatment Plant, we didn’t want to see 10 housing units be approved in there. With the R-2, we just basically stuck with the single lot split which was what he was requesting annexation for. Bird: So we need to change that back to an R-2? Corrie: R-2 is stated in the Findings of Facts. Bird: Yes, I know that. So we can do that and still pass it with Consent. I think Mr. Crane understood it was an R-2? Corrie: And for a one-time split? Bird: Yes. Nichols: Mr. Mayor. Mayor and Council, I would recommend that if you’re going to change the motion since it was a motion for an R-4 that you pull this off of the Consent Agenda, put it on the regular agenda and go ahead and make a formal motion to adopt those Findings of Fact from an R-2 to an – excuse me. Clarifying the error and what your intent was so that we could have a clear record with regard to the adoption. Another point of error, Mr. Mayor and Council, if I may. Item D on the Consent Agenda. I’d request that that be pulled off and put on the Regular Agenda as the first item. JoAnne Butler is here on behalf of the applicant, or not the applicant. On behalf of Cherry Lane Recreation, Inc., and she can explain basically that they have one minor change to request in the three-party agreement which has been reviewed by Mr. Gigray and myself, and she can describe that change to you. Corrie: So pull D off and make it 1A? Nichols: Yes. I believe that D and 1 would be more or less the same. Bird: Okay. Where are we going to pull Crane to, Mayor? Should we put it down at 12 or 10B? Corrie: Yes. Bird: Everything’s in order for Item G? H is okay. Item I we’re pulling until the 15th; is that right? And J, K and L are all being pulled to the 15th. Is No. H okay, Mayor? Item H. Findings of Facts and Conclusions of Law: VAC 99-006 Request for vacation of 20-foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al – Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Anderson: On H, how did we end up on that? Did we find out if that’s a public right-of-way? Corrie: Shari, do you know? Gary? Smith: Mr. Mayor, Council members, I don’t remember exactly how that was left, but as far as the plat was concerned, it’s an easement. I think Bill Gigray was going to try and research and see if over the years it had become a public right-of-way. I don’t know how that came out. Anderson: That’s how I remember it. He thought there as some kind of a statutory thing that said if you used it that way for so long that it became a public right-of-way or something, so I was just wondering how that ever got resolved. Smith: Yes. I have not – I don’t know. Nichols: Mayor Corrie, Councilman Anderson, Council members, I think the analysis was something like this. Since that easement had been used even though it was designed for emergency-vehicle access had been used by the public for more than five years, it raised an issue of whether some sort of prescriptive easement applied, and was therefore something ACHD had some jurisdiction over. So the proposed Findings of Facts and Conclusions of Law with regard to vacating that easement basically direct those people to make sure that they do whatever they need to do, if anything, with ACHD to get that cleared up. As far as the City is concerned, we can go ahead and approve the vacation. We just don’t want to give the impression that somehow everything is done when because of that public use there may be some extra steps that they may eventually need to do with ACHD. Corrie: Okay. So that’d be Item 8 then which is covered in 4, 5, 6, 7, 8. Okay. Anderson: I see (inaudible) Item have the applicants contact Ada County Highway District to determine the claim over the easement. So (inaudible). Item 7. Public Hearing: Amendment of Fireworks Ordinance and adoption of new fees: Corrie: Did everybody get the letter on that fireworks ordinance (inaudible) company? What I’ll do when we get to that one, I’ll enter that as written testimony and it can be added to the evaluation when we adopt the ordinance (inaudible) staff comments. (inaudible discussion amongst Council members) Corrie: Is that correct, Bill? Nichols: Mayor Corrie, members of the Council, since this is a legislative matter, you can take testimony pertaining to the legislation or the written comments, and then you can debate those issues and adopt it or change it. We’re not in the prime fireworks season, so if you need more time to look at it, why, you certainly have the luxury of doing that. Anderson: Would it behoove us and go ahead and take public testimony and enter this letter into the record, and then continue the public hearing so that we could get additional comments on it? (inaudible) re-open it? Nichols: Councilman Anderson, Mayor, Council, yes. I think that probably would be a good approach. Also that gives the Fire Chief the opportunity to review this letter and then enter his comments at the next or the continuation of this public hearing on this just so we get a complete record. Item 8. FP 00-001 Request for final plat of 24 lots for Santee Commercial Complex by Santee Construction – Lot 3, Block 2, Railside Park Subdivision: Bird: No. 8, is that Santee (inaudible)? That No. 8, is that up to snuff now? Corrie: I think so. Final plat – Gary, does Item 8, Santee Commercial Complex, is that ready to go? Smith: Mr. Mayor and Council, I believe it’s okay as long as we’re adhering to the comments of staff. I haven’t heard otherwise from anybody. Corrie: Any other questions that the Council has on the agenda? Bird: I have none. Item 12. Department Reports: B. Fire Department – Chief Kenny Bowers: 3. Change Order No. 4 for $922.00: Approve Anderson: Accident insurance on the volunteer firefighters. Corrie: (inaudible) took them over (inaudible) so we’re looking to see if there’s – one that they recommended and also another one (inaudible). There was two companies (inaudible) mentioned – coverage. (inaudible discussion) Anderson: Because this is kind of (inaudible) City and the Rural Fire Districts, and the agent who had sold the previous insurance came and made a presentation to rural commissioners, and they had approved that, and (inaudible) presentation to us (inaudible). Now, is there somebody else who’s giving (inaudible). Corrie: (inaudible) Anderson: (inaudible) different, then we’d have to go back (inaudible). Corrie: Making sure that everything’s (inaudible). The old one that they had they couldn’t (inaudible). Anything else? Okay. I’ll entertain a motion to close the Council meeting until 7:30. Bird: So moved. Anderson: Second. MEETING ADJOURNED AT 7:03 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK