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HomeMy WebLinkAbout1990 03-20ITEM: AGENDA MERIDIAN CITY COUNCIL MARCH 20, 1990 MINUTES OF THE PREVIOUS MEETING HELD MARCH 6, 1990: (APPROVED) 1: TO BE PREPARED) PRELIMINARY PLAT WITH VARIANCE REQUEST THE VINEYARDS SUBDIVISION: (FINDINGS 2: FINAL PLAT ON LOCUST GROVE MANOR:(APPROVED) 3: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: (APPROVED) 4: REQUEST FOR CONDITIONAL USE PERMIT BY JACK BRUCK: PROPERTY LOCATED IN "OLD TOWN ZONE": (APPROVED) 5: FINDINGS OF FACT ON VARIANCE REQUEST BY INTEREST FINANCIAL: (APPROVED) 6: COVENANTS ON MERIDIAN MANOR $ 6: (TABLED) 7: BID ON NEW WELL:(APPROVED) 8: APPROVE AUDIT REPORT: 9: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL MARCH 20, 1990 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Giesler, Max Yerrington: Members Absent: Bert Myers: Other Present: Chet & Lorraine Hosac, Interwest Financial, K. Beumeler, Ann Peterson, Gary Smith, Bill Gordon, Jim Johnson, Max Boesiger Jr., Max Boesiger Sr., Gary Lee, Rich Allison, Jack Bruck, Jack Smith, Walt Morrow, Wayne Crookston: The Motion was made by Tolsma and seconded by Yerrington to approve the Minutes of the previous meeting held March 6, 1990 as written: Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: PRELIMINARY PLAT WITH VARIANCE REQUEST THE VINEYARDS SUBDIVISION: Kingsford: At this time I will open the Public Hearing, if you wish to offer testimony please step forward and be sworn. Max Boesiger, 1399 E. Montery Drive, Boise, was sworn by the Attorney: Boesiger: As far as the arterials of Linder & Cherry we intend to put in a landscaped burm with a fence along those two arterials that would be maintained by the homeowners association. 98% of the lots that lay within the project will actually front onto a quiet private neighborhood street with very minimal traffic. We've reserved a 4 acre section in the corner of this project for neighborhood service commercial shopping. This property is being served by an irrigation ditch which makes it fall under the Ordinance you have recently passed regarding delivery of irrigation to all lots in the subdivision. We like yourconcept of requiring irrigation water to each individual lot. First of all if we use a ditch for a source, as you know ditches are full of trash, moss, etc. and all of these things are real nuisances for clogging sprinkler heads, we anticipate that most of the houses will either right away or fairly soon hookup with sprinkler systems. Another major problem with using ditches is that the water comes into the ditch a month to late in the spring. The same thing happens in the fall. It has been suggested by some that instead of using ditch water maybe we need to go to shallow wells. The advantages to doing that would be number one it's not seasonal, the water is clean however, pumping from a shallow well is going to be more expensive of course than water that gravity flows to the pressure system. Plus I don't know whether pumping ground water would fit what your original intent of your ordinance was. I believe what your original intent was to use the existing facilities of the ditch irrigation systems that you have in existence now. We would also suggest that the City fathers take a look at maybe hooking up a central system that runs off of the City's dewatering wells that you have operating now. Because of these questions that need to be addressed, we are asking for a variance to the Ordinance and all we are asking; to do is to dry line in the irrigation pipe and go ahead and bury it, and put a stub out to each lot until we really have the time that it's going to take to decide the direction we are going to take on this. MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE $2 Another reason we would request this variance is our preliminary work engineering tells us that we'll probably need if we use a centralized system for this whole project, we'll probably need a 25 or 30 horsepower pump to run the whole system and that pump can't operate very efficiently until it gets 75,80,90 lots on. Orginally we also submitted a request for a Variance regarding the front widths on culdesac lots. We would like to request a variance project. wide on the minimum 70 ft. requirement for the cord length on a culdesac. Tolsma: On the pressurized irrigation system, when did you, you requested a variance against the pressure system - Boesiger: No, all we are really asking for is to,,goahead and dry line in the pressure system, in other words bury the pipe but not actually create the source for the pressurized system. The houses would have to operate on domestic water for awhile. Kingsford: The thing that concerns me is that, the cross connection issue, if they start out with a domestic system,, they are going to be duplicating costs. Boesiger: That's perhaps another good reason for the variance. I believe that there is a good chance that many people will hook up to domestic water to save themselves the hassle that will come about from using ditch irrigation water. Tolsma: On the variance for the width of the lots, you keep saying 40 feet do you plan on putting the width of these culdesacs down to 40 feet? Boesiger: The culdesac lot themselves the pie shape lots that I was talking about often times are 40 ft. , certainly not 70. Kingsford: Your not saying 40 feet at the setback, you saying 40 ft. at the curb or at the property line. Boesiger: Yes, at the cord length. Kingsford: As I look at Gary's notes, our engineer, he's talking about them ranging from 50-65. Boesiger: In our Phase I we did widen some of those out. Kingsford: As we look at the irrigation system, how many lots are we talking about in phase I? Boesiger: Around 28. Giesler: I can't image it taking that long to work these problems out. Boesiger: I agree we need to get on it right away, but we need to have those answered before we can - we want to come up with the best system. Giesler: Do you have any problems with putting a well in, if that's what comes about. I think another thing that I see a problem with is in the ditches themselves, you're talking a pretty high price home here so undoubtedly if these people are going to spend that kind of money for a home their yards are going to be nice also. Is the constant problem with weeds growing back in there from contamits in the - so I think that the well is a real good way to pursue this. MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #3 Boesiger: I agree with that to. I think it is the only practical solution at this point. One thing we haven't done and we need to do is maybe on a community wide basis we need to see how much money we are saving by pumping water from a shallow ditch as opposed to using domestic water. At this point and time the Ordinance doesn't really say or indicate to us how to go about it. Giesler: One of the main reasons for the pressurized system was to take the burden off of our water system. Another question I have is the amount of traffic in that area with that amount of homes in that area on Cherry Lane and LInder. Boesiger: I will direct questions like those to the engineer. Kingsford: A couple of comments, one as you look at the numbers, domestic wells verses what you do, whether it be out of the ditch or whatever, we are going to be looking at higher prices as EPA and others are hitting us. It's a good point that the wells could dry up. Gary Lee, from JUB, 1990 Turnberry Way, Meridian, was sworn by the attorney. Lee: Basically tonight I would just like to make a presentation on what the preliminary plat consists of. The lot density is fairly low, it's 3.1 lots per acre. The improvements that we are proposing will be tieing the sanitary sewer service to the existing trunk facility that traverses along Nine Mile Drain, we will more than likely be tieing in in more than one place depending on what the depths of the sewer will be. Explained about the water system & fire hydrants. Cherry Lane and Linder will be widened a full lane. There are no lots in Phase I that will be in violation of the Ordinance they will all have the minimum 70 foot length at the setback line. The project will include City Street lights throughout. The landscape buffer along Cherry Lane and along Linder we'd like to place that in a seven foot easement that will be designated on the final plat and say future road right -a -way, so ultimately there will be an available 40 feet for road right -a -ways in those areas. In the meantime we will use that 7 feet for a landscape buffer. Giesler: There was a concern about possible septic problems on Lot 6 & 7. Is that a problem. Lee: No, we've addressed that problem. Giesler: It was brought up before about whether you knew the fence & burm could only be 6 feet high. Lee: Yes, we are aware of that problem and we are going to address that in the landscape scheme. Kingsford: Gary you are aware of the City's requirement for that 40 feet from center line on the section line. Lee: Yes. Crookston: What's going to happen when the roads widen what's going to happen to the burm? Lee: The fences will be put at the forty foot dimension. MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE # A Kingsford: That concerning the burm being removed when the road is widened needs to be identified on the plat. Is there anyone else who wishes to testify, if not I will close the Public Hearing. Your talking 28 in first phase, how many in the second phase. Boesiger: We should average between 25 to 30 per phase. The reason we went for three phases is to make that 25 hp. pump more effective. We like to be able to have 50 or 60 or more on before we fire it up, it would just make it alot more effective. Tolsma: You stated also that you might put five wells in with 5 horse pumps. Boesiger: That's just a idea that I threw out, that hasn't really been researched. Kingsford: One thing we might take a look at is a smaller well, if you go to a ditch you are going to be looking at.a month prior and month after in an irrigation ditch. A smaller well might very well compliment your project. Boesiger: Again, we need to dig into that. Engineer Smith: At the present time the City of Boise has developed a task force committee that is proposed of a number of different people. There is alot of interest in using ditch water for the pressurized irrigation systems. This force is to investigate the use of the water and to establish standards. I would think within a year that there would be some kind of a decision made by the task force. One of the things that former Councilman Morrow was interested in was utilizing the water we have now instead of using our domestic well water. Kingsford: The first thing that the Council needs to consider is that we are looking at about 9 subdivisions, whatever is resolved here we are going to be asked for the same thing. I will reopen the Public Hearing. Max Boesiger Sr., 3710 Camborne, Boise, was sworn by the attorney. Boesiger: I believe you understand we are going to install the system as we go along. The best way to go about this is to study awhile longer. Our source is going to be at the far end of this project. Our next phases will be coming closer to the source if we decide to go to the ditch water irrigation. The piping will work for either system. Crookston: The requirements for the pressurized irrigation system is under our water Ordinances at the present time. Another thing that needs to be considered is if you are going to grant a variance for certain amount of time it would be similar to granting a variance to putting in roads, street lights or something like that. You need to address some means to assure performance at the end. Kingsford: I will close the Public Hearing. The motion was made by Tolsma and seconded by Yerrington to have the attorney prepare Findings of Fact and Conclusions of Law on this variance request for the lot frontage and also for the water system. Motion Carried: All Yea: ITEM #2: FINAL PLAT ON LOCUST GROVE MANOR: MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #5 Kingsford: Have you reviewed all of the comments from ACHD and so forth, do you have any problems with those? Engineer Smith: I received a resubmittal on the development plans and all of our requests have been made and everything is in order. The Motion was made by Tolsma and seconded by Giesler to approve the Final Plat on Locust Grove Manor. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: Kingsford: I will open the Public Hearing. Being no response the Public Hearing was closed. Crookston: Explained briefly the proposed amendments. Giesler: Where do the statistics come from on the parking. Clerk Niemann: That's what Boise has. The Motion was made by Tolsma and seconded by Yerrington to approve the FIndings of Fact and Conclusions of Law on the Proposed Amendments to the Zoning and Development Ordinances. Roll Call Vote: Tolsma - Yea; Giesler - Yea; Yerrington - Yea; The Motion was made by Giesler and seconded by Yerrington to approve of the attorney drawing up the Ordinances. Motion Carried: All Yea: ITEM #4: REQUEST FOR CONDITIONAL USE PERMIT BY JACK BRUCK: PROPERTY LOCATED IN "OLD TOWN ZONE": Kingsford: Is there a representative present for ;this request? Rich Allison was in attendance to represent this request. Tolsma: When are theygoing to start the business here? Allison: The purchaser of the property is Mr. Jack Bruck. Probably about three years. At the present time it is his intention to rent the property in the interim period. Tolsma: What is the conditional use for? Allison: The Conditional Use under Meridian, conditional uses are not an item that expires, in other words if he is going to acquire the property he wants to know at such time that he plans to use the property which is approximately three years, that he can in fact use the property for the purpose he's buying it for. Any other use of the property would of course have to be okay'd by the City Clerk since it's in the old Town Zone. Tolsma: Is there a problem knowing what's going to be there? MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #6 Allison: I don't think that there is a problem knowing what is going to be there. Gave example of uses of other locations. Crookston: My understanding of the wording is that it does give the City Clerk the discretion to determine whether or not a Conditional Use is required, if the proposed use is similar to what has previously been operating on that parcel. Allison: Yes, we have someone interested in putting in an upholstry shop, we don't know if the City Clerk would ok. The intention of Mr. Bruck is to know that at such time he starts a new business in Meridian that he can in fact use the property for that purpose. Crookston: The Conditional Use is reviewable by the Council at any time. Kingsford: I would hate to see our Main Street a used car lot. I am concerned about the numbers we have already. Tolsma: What about the clean-up of the property? Jack Bruck: Right now I can't tear down the house for three years that's part of the buying of the property. The house will be gone and that area paved with a fence around the whole area. The whole place will look different when it is done. Tolsma: If they do put an upholstry shop in or a starter generator shop how do you propose to address the parking? Bruck: The metal building I plan to fix up and there would be parking beside it plus that building could be parking inside it also. Tolsma: I would like to ask the attorney, to grant a Conditional Use on something that your not sure what the use is is that feasible? Crookston: A Conditional Use is designed to fit various circumstances and you can condition it upon anything that is within reason. You can grant it on the basis that that be what's used, you can grant it for that purpose within three years and if there is a proposed different use that it come back in and receive similar approval. City Clerk Niemann: Now, if they granted this conditional use for this and they decided to do something different for the three years they'd have to get another Conditional Use and that would void this Conditional Use wouldn't it? Crookston: If we are talking any other zone than old town to change the actual use that is on the property would require another Conditional Use Permit. Giesler: This is kind of according to the application it's a little bit different than what I understood this project to be. I wouldn't mind tableing this for awhile to look into this some more. Allison: Just to clarify, we did submit a complete plan to show what would eventually be there. It's taken a year and four months to find anybody who has an interest in this property. The primary reason is that it was such a mess. The secondary reason being is that at such time I showed it to at least three users I could name one of which I discussed at some length with the City Clerk that there are piles of bones out on Bower Street in a garbage container and the lady that was going to operate the business there got yiolentlyangry and left. MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #7 Allison: We are certainly willing to clean up the property. Parking could be provided off of Bower by the removal of a Cherry tree and some other things. If we are not able to complete an escrow tomorrow we will have to start completly over again. This has been an extremelydifficult complicated escrow and everything else to make this whole thing work. Tolsma: I find it very hard myself to grant a Conditional Use Permit for something that's not going to be there for three years. The Motion was made by Giesler and seconded by Yerrington to approve the Findings of Fact prepared to us by Meridian Planning & Zoning on Jack Bruck. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to approve the Conditional Use Permit for Jack Bruck with the stipulation that adequate parking will be made available as per Ordinance requirements. Motion Carried: 2 - Yea; 1 - Nay: ITEM #5: FINDINGS OF FACT ON VARIANCE REQUEST BY INTERWEST FINANCIAL: The Motion was made by Giesler and seconded by Yerrington that the City Council of Meridian does hereby adopt and approve. these Findings of Fact and Conclusions. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Tolsma to approve the Variance request for Interwest Financial. Motion Carried: All Yea: ITEM #6: COVENANTS ON MERIDIAN MANOR #6: Crookston: Clarified some of the wording. The Motion was made by Tolsma and seconded by Yerrington to table this matter until everything is clarified. Motion Carried: All Yea: ITEM #7: BID ON NEW WELL: Engineer Smith: Last Friday at 4:00 we opened the bids on the drilling of well #12, we received two bids, one from Pete Cope and the other from Wayne Stevens & Sons, the bid from Pete Cope was low, $53,647., the bid from Stevens was $69,880. Explained how process would work for the drilling of the well. The Motion was made by Tolsma and seconded by Giesler to approve the Pete Cope bid for Well #12. Motion Carried: All Yea: MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #8 ITEM #8: APPROVE THE AUDIT REPORT: The Motion was made by Tolsma and seconded by Yerrington to approve the Audit Report. Motion Carried: All Yea: ITEM #9: DEPARTMENT REPORTS: Chief Gordon: I would like your support and authorization tc file an application for a Federal Drug Grant. The State of Idaho is administering a Federal Grant for Drug Enforcement Work. Explained briefly about the application that was filled out in conjunction with Garden City. There would be two officers, one for Meridian and one for Garden City. With the Drug Grant, that would pay the wages of one full time officer and the electronic equipment to support that officer. The Motion was made by Giesler and seconded by Tolsma to authorize the Mayor to sign the Grant Application. Motion Carried: All Yea: Engineer Smith: At the last Council Meeting I briefly reviewed with you the proposed extension of sewer line trunk interceptor off Ten MIle Creek under the interstate to serve the new proposed Arnold Machinery Business and the Flying J Business. At that meeting you authorized me to proceed with getting an engineering agreement together for a consulting engineer to provide plans. We have decided to hire JUB Engineers to provide the engineering for that project. I have received a letter of agreement from them requesting the Mayor's signature. The Motion was made by Yerrington and seconded by Tolsma to authorize the Mayor to sign the engineering agreement with JUB Engineers. Motion Carried: All Yea: Kingsford: Just to advise, we have a Transportation Meeting tomorrow night at 7:00 P.M. as a result of being not funded by the State Department of Commerce. I urge all of you to be in attendance. City Clerk Niemann: I have an application to transfer the Beer & Wine License for the Whitewater Saloon. The Police Chief has checked it out and everything checks out okay. The Motion was made by Tolsma and seconded by Yerrington to approve of the Beer & Wine License transfer. Motion Carried: All Yea: City Clerk Niemann: We sent a letter to Paul Pack to clean up the weeds on his property and he has had his ten days and still hasn't done anything. He called and wants to appeal. What do we do in that case, Waync? Crookston: Have him come before the Council. I will check into this. MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #9 Giesler: I have one comment regarding the Grant we did not get, I'd like to compliment you on your presentation, it was done very well and I was very pleased. The Motion was made by Giesler and seconded by Yerrington to adjourn at 9:15 P.M.: Meeting Adjourned: APPROVED: .ate GRANT P. KINGSFORD MAYOR ATTEST: pc: Mayor & Council P & Z Members, Atty, Gass, Ward, Stuart, Eng., Fire, Bldg., Police, Valley News, Statesman, ACHD, NMID, CDH, Settlers, File (6) Mail (6)