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HomeMy WebLinkAbout1990 04-03AGENDA MERIDIAN CITY COUNCIL APRIL 3, 1990 ITEM: MINUTES OF THE PREVIOUS MEETING HELD MARCH 20, 1990: (APPROVED) 1: PUBLIC 17,P=G: REQUEST FOR CONDITIONAL USE PERMIT BY BATES & FISHEL: (APPROVED) 2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY WAYNE & MARY WILLIAMSON: (APROVED) 3: FINAL PLAT ON CHATEAU MEADOWS #2: (APPROVED) 4: FINDINGS OF FACT ON VARIANCE REQUEST BY BOESIGER, INC. FOR THE VINEYARDS SUBDIVISION: (APPROVED) 5: APPROVE PRELIMINARY PLAT FOR THE VINEYARDS SUBDIVISION IF VARA NCE GRANTED: (APPROVED) 6: FINAL PLAT ON PHASE #I OF THE VINEYARDS SUBDIVISION: (APPROVED) 7: COVENANTS ON MERIDIAN MANOR #6E TABLED AT LAST MEETING: (TABLED) 8: COVENANTS ON CRESTWOOD # 5: (APPROVED) 9: PRE -TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 10: APPROVE THE BILLS: (APPROVED) 11: ORDINANCE # 524: AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: (APPROVED) 12: AUDIT ENGAGEMENT :(APPROVED) 13: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL APRIL 3, 1990 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Max Yerrington: Others Present: Dave Collins, Wayne Williamson, Gary Lee, Ricard Boesiger, Jack Smith, Gary Smith, Bill Gordon, Wayne Crookston, Sam Fishel, Dale Bates, K Beumeler, Moe Alidjani, Members of Scout Troop #1, The Motion was made by Giesler and seconded by Tolsma to approve the Minutes of the previous meeting held March 20, 1990 as written: Motion Carried: All Yea: Mayor Kingsford welcomed Scout Troop #1 for their attendance at the City Council Meeting: Item #1: Public Hearing: Request for Conditional Use Permit by Bates & Fishel: Mayor Kingsford, at this time I will open the Public Hearing, is there anyone in the audience who wishes to testify on this issue, there was no response, the Public Hearing was closed. For the Public if you are not aware the Conditional Use Permit is for a Used Car Lot at 2252 Franklin Road, that small rock building will be used as the office for this lot. Giesler: I have a question, in the Engineers comments there is stated that there might be the possibility of an additional assessment for water and that should be watched for additional useage, in the findings it states there would be no detailing on that premisies, I guess I have a question for Mr. Fishel on how he would plan on keeping the cars clean. Fishel: What I plan on doing is detailing the car before it is put on the lot and if they need washed take them to the car wash Mayor Kingsford explained to Mr. Fishel what the additional hookup fee was. Mr. Fishel agreed to pay the additional fee if it became necessary: The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law as prepared for the Planning & Zoning Commission: Motion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsma, YEA: The Motion was made by Giesler and seconded by Myers to approve of the Conditional Use Permit as requested in the application for Bates & Fishel for a Used Car Lot at 2252 West Franklin Road. Motion Carried: All Yea: Item #2: Public Hearing: Request for Conditional Use Permit by Wayne & Mary Williamson: Mayor Kingsford:I will now open the Public Hearing, is there anyone in the audience who wishes to offer testimony on this request? MERIDIAN CITY COUNCIL APRIL 3, 1990 PAGE # 2 Wayne Williamson, 337 Eagle Glenn, Eagle, Id. Williamson was sworn by the City Attorney: Williamson: We purchased this property back in 1977, supposedly it was zoned for three six plexes, we recently went throughgetting the necessary signatures for an application for a PUD for 5 triplexes & one single family dwelling, at the Planning & Zoning Hearing we had several people who objected to this use, so we withdrew that request and we would like to now have a PUD for six single family dwellings. The lots are over 6000 square feet and the narrowest is 50 feet. I think you might have a diagram of what is planned. We would meet all the requirements of the City and other agencies. Giesler: Mr. Williamson, the main complaint of the neighbors before was because of the triplexes? Williamson: Yes, they were talking about a lot of added traffic and they thought it could devalue their property. Mayor Kingsford: Anyone else from the public who wishes to offer testimony? There was no response. The public Hearing was closed. The Motion was made by Giesler and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law as prepared for the Planning & Zoning Commission: Motion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea: The Motion was made by Giesler and seconded by Yerrington to approve the Conditional Use Permit for a PUD for six single family units for Wayne & Mary Williamson with the conditions set forth in the Findings of Fact & Conclusions of Law: Motion Carried: All Yea: Item #3: Final Plat on Chateau Meadows East #2: Mayor Kingsford: Any Questions of the Council, does the City Engineer have any additonal cocrtnents? City Engineer: I visited with the developers engineer today and he concurred with my coments . The Motion was made by Tolsma and seconded by Yerrington to approve the Final Plat on Chateau Meadows # 2: Motion Carried: All Yea: Item #4: Findings of Fact On Variance Request by Boesiger, Inc. for the Vineyards Subdivision: Mayor Kingsford: Council Members you have those Findings, are there any questions you would like to ask? The Motion was made by Yerrington and seconded by Myers that the City Council of the City of Meridian does hereby adopt and approve the Findings of Fact and Conclusions as prepared on the Variance Request by Max Boesiger, Inc. Notion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea: MERIDIAN CITY COUNCIL APRIL 3, 1990 PAGE #3 The Motion was made by Myers and seconded by Yerrington to approve the Variance for 70 ft. lot frontage for Boesiger Inc. Motion Carried: All Yea: There was further discussion. The Motion.:was made by Tolsma and seconded by Giesler to approve of a Conditional Variance to allow. -for dry lines to be put in and that it be activated as soon as City standards have been established. Motion Carried: All Yea: ITEM #5c APPROVE PRELIMINARY PLAT FOR THE VINEYARDS SUBDIVISION IF VARIANCE GRANTED: The Motion was made by Tolsma and seconded by Yerrington to approve the Preliminary Plat for the Vineyards Subdivision. Motion Carried: All Yea: ITEM #6: FINAL PLAT ON PHASE #I OF THE VINEYARDS SUBDIVISION: Kingsford: Does the City Engineer have comments? Engineer Smith: My concern is about access off of Cherry Lane Road , concerning left turn on the west bound traffic into the subdivision. That is one concern we really couldn't reach an agreement on because we really didn't have enough information on the development plans. Kingsford: Of course that is something that Ada County Highway District has to sign off. The Motion was made by Tolsma and seconded by Myers to Approve the Final Plat on Phase 1 of the Vineyards Subdivision. Motion Carried: All Yea: ITEM #7: COVENANTS ON MERIDIAN MANOR #6: TABLED AT LAST MEETING: Kingsford: We haven't received revised covenants on Item #6. The Motion was made by Myers and seconded by Yerrington to table Meridian Manor #6 Covenants until the next meeting. Motion Carried: All Yea: ITEM #8: COVENANTS ON CRESTWOOD #5: Engineer Smith: They make a comment that this continuance of the covenants from Crestwood #3 to this subdivision #5 is because it's contiguous to No. -3,. but it is not. Crookston: There shouldn't be an incorrect statement in the covenants. The Motion was made by Myers and seconded by Tolsma to approve of the Covenants on Crestwood #5 provided that they strike thecontiguous on Page 2. MERIDIAN CITY COUNCIL APRIL 3, 1990 PAGE #4 Motion Carried: All Yea: ITEM #9: PRE -TERMINATION HEARING: WATER/SEWER/TRASH'_DELINQUENCIES: Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre -termination hearing at 7:30 P.M. 4/3/90 before the Mayor and City Council, to appear in person to be judged on facts and defend the claim made by the City that your water/sewer/trash bill is delinquent. You may retain counsel. This service will be discontinued 4/11/90 unless paid in full. Is there anyone present who wishes to contest their water bill? There was no response. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, Pursuant to Idaho Code. Even though they appeal the water will be shut off. The Motion was made by Myers and seconded by Tolsma to approve the turn off list. Motion Carried: All Yea: Kingsford: Amount of the turn off list for this month is $6,607.22. ITEM #10: APPROVE THE BILLS: The Motion was made by Tolsma and seconded by Yerrington to approve the bills. Motion Carried: All Yea: ITEM #11: ORDINANCE #524: AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING VARIOUS SECTIONS OF THE REVISED AND COMPILED ORDINANCES,OF THE CITY OF MERIDIAN AS FOLLOWS: AMENDING SECTION 11-9-605 J., FENCES, BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE NUMBERED 10 AND WHICH SHALL GOVERN PROCEDURES FOR VARIANCES FROM THE FENCE ORDINANCE; AMENDING SECTION 11-2-411 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS H. AND WHICH SHALL PROVIDE THAT ALL SINGLE FAMILY DETACHED HOUSING UNITS SHALL HAVE A TWO CAR GARAGE; AMENDING SECTION 11-2-409 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS D. AND WHICH SHALL PROVIDE THAT LIVESTOCK AND POULTRY SHALL BE PROHIBITED WITHIN ALL ZONING DISTRICTS OF THE CITY, PROVIDING FOR GRANDFATHER RIGHTS, AND PROVIDING FOR EXCEPTIONS IN CASES OF ZONING FOR MEAT AND POULTRY PROCESSING; AMENDING SECTION 11-2-410 A. TO SPECIFY THAT IN THE R-8 RESIDENTIAL ZONE THAT FOR TWO FAMILY DWELLINGS THE 4,250 SQUARE FOOT MINIMUM LOT SIZE APPLIES TO EACH DWELLING UNIT SUCH THAT IN THE CASE OF A DUPLEX IN THE R-8 ZONE THE MINIMUM LOT SIZE WOULD BE 8,500 SQUARE FEET; AMENDING SECTION 11-2-414 D. 6. A. TO REDUCE THE MINIMUM WIDTH OF PARKING SPACES; AMENDING SECTION 11-2-414 D. 6. BY THE ADDITION THERETO OF NEW SUBSECTION DESIGNATED D. WHICH SHALL PROVIDE THAT UPON PETITION PORTIONS OF THE PARKING REQUIREMENTS FOR OFF STREET PARKING MAY BE FULFILLED BY COMPACT CAR SPACES OF AT LEAST 7 1/2 FEET IN WIDTH AND 15 FEET IN LENGTH; AMENDING SECTION 11-2-421 BY THE ADDITION THERETIO OF A NEW SUBSECTION T1O BE DESIGNATED AS E. AND WHICH SHALL PROVIDE THAT NO OCCUPANCY PERMITS SHALL BE ISSUED TO ANY PROPERTY UNTIL ALL UTILITIES ARE IN PLACE AND OPERABLE AND UNTIL ALL REQUIREMENTS OF THE CITY HAVE BEEN MET; AMENDING SECTION 11-9-606 BY RENUMBERING SUBSECTION D. CHANGING IT TO E. AND ADOPTING A NEW SUBSECTION TO BE DESIGNATED AS D. WHICH SALL PROVIDE THAT A BUILDING PERMIT MAY BE ISSUED PRIOR TO COMPLETION OF PUBLIC IMPROVEMENTS BUT ONLY UPON PROVIDING A GUARANTEE THAT ALL IMPROVEMENTS WILL BE COMPLETED AS AUTHORIZED IN SECTION 11-9-606 C.; AMENDING SECTION 11-9-605 B. 3. UNDER "HIGHWAY AND STREET TYPES" TO ADD A NEW CATEGORY KNOWN AS "SECTION LINE ROADS" AND PROVIDING THAT THEY SHALL HAVE A WIDTH OF 80 FEET; AMENDING SECTION 11-9-606 B. BY THE ADDITION THEREYO OF A NEW SUBSECTION DESIGNATED AS 14. WHICH CHALL REQUIRE PRESSURIZED IRRIGATION SYSTEMS IN ALL SUBDIVISIONS WHICH SHALL BE INSTALLED BY THE DEVELOPER AT THE SAME TIME AS THE DOMESTIC MERIDIAN CITY COUNCIL APRIL 3, 1990 PAGE #5 WATER LINES ARE INSTALLED; AMENDING SECTION 11-9-605 B. BY THE ADDITION THERETO OF A NEW SUBSECTION DESIGNATED AS 6 AND WHICH SHALL PROVIDE THAT NO STREET WHICH ENDS IN A CUL. -DE -SAC OR'A DEAD-END SHALL BE LONGER THAT 450 FEET; AMENDING THE OFFICIAL ZONING MAPS, SECTION 11-2-425 TO REZONE FROM R-8 RESIDENTIAL TO GENERAL RETAIL AND SERVICE COMMERCIAL THREE 'PARCELS OF LAND ON FAIRVIEW AVENUE; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the Public who wants Ordinance #524 read in its entirety? There was no response. 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 different days be dispensed with and that Ordinance #524 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea: Tolsma - Yea: Motion Carried: All Yea: ITEM #12: AUDIT ENGAGEMENT: Kingsford: Read letter from auditors. Myself, Jack and the Treasurer are all pleased with the audit. With your concurrance I'd like to engage Gibson, Smith and Dean, Certified Public Accountants to perform the audit again. The Motion was made by Myers and seconded by Tolsma to engage the firm of Gibson, Smith & Dean, Certified Public Accountants for the next fiscal year audit and to authorize the Mayor and the City Clerk to sign that engagement. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM #13: DEPARTMENT REPORTS: Chief Gordon: We have received both of our new Police Cars. Also, looking through our City Ordinances I've found some problems there and I also found a need for three Ordinances, of which we don't presently have. They would control escort services, massage parlors, and also private security outfits. I would like to work with the City Attorney and get Ordinances on these three items. The Motion was made by Yerrington and seconded by Giesler to have the Chief work with the City Attorney to prepare Ordinances for the aforementioned. Motion Carried: All Yea: Tolsma: Our revised lease agreement with the City and the Masonic Lodge's. Parking Lot, The last time they had the changes made, one was the sharing the cost of the maintenance and the other was the sign. There was some errors in there that need to be changed. Also, there is a clause in here that states that any major costs that occur during the fiscal year would have to be brought up so it could be budgeted for. Kingsford: Does this meet with your approval? The Motionwasmade by Myers and seconded by Tolsma to approve the lease and authorize the Mayor to sign the agreement with the Masonic Lodge. MERIDIAN CITY COUNCIL APRIL 3, 1990 PAGE #6 Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Myers - Yea: Motion Carried: All Yea: Kingsford: Read a Letter received on. March 26, dated March 21, 1990 from D'Arlene Stutzman, it talks about the fees the City charges for building inspections, it talks about the amount the building inspector has made over a period of time from September through March of this year, it talks about the appearance of conflict of interest, and in the last paragraph and copies were sent to the Governor,Valley News, Representative Montgomery, Attorney General Jim Jones, Representative Jerry Deckard & Senator Carlson. Any questions or comments that the Council would like to make about this letter. It would be my recommendation certaily that we entertain, maybe have a committee review the amount of money that the BUilding Inspector is making, review the amount of money that is paid out in plan checks, what we would be paying for benefits and so forth, it's possible that her comments maybe well taken, maybe we should look at adding a house building inspector. Would there be two of you individuals who would be interested in reviewing these things and making recommendation before the Council. Max & Bert volunteered to serve on this review board. We would also ask you to maybe review over a period of three or four years, we are in a boom time now, we experienced that in the late 70's and we also had a number of years that we would either have to lay off a building inspector or have to subsidize it with tax money. Wayne do you wish to make any comments with regard to the conflict of interest issue. Crookston: I haven't reviewed in depth the new legislation that was proposed by the Attorney General's Office. I have taken a look at some of the other conflict of interest provisions that are contained in the Planning & Zoning Provisions of the local Planning Act which are similar to, and we have basically adopted in our own Zoning & Development Ordinances. There are provisions that apply to all officers of the Legislature, City , County, State, officers in general that they are not to be interested in any contracts let by that particular board. I've discussed these with some of the Councilmen in the past, and I think that they need to be reviewed and certainly investigated to see if we have any problems and addressed in that fashion. Conflict of interest is a very important aspect of serving on a political entity, and those requirements need to be strictly observed. Kingsford: Thank you, and I would appreciate it if you could update us on the new bill as soon as you review it. Kingsford: The other item that I was asked to bring up the the Council tonight by a representative of the Air Quality, Pete Michaelson, was consideration of the Council of extending the Air Quality Board for six months. Tolsma: The air quality board meeting is tomorrow. He was wanting to extend it for six months just the way it operates right now. Meridian is the only one that hasn't extended. Explained further. (tape on file) Giesler: Since the emission testing is in my business, I would abstain from this voting. Kingsford: Does anybody want to do anything with this, or look at it until next meeting. The Motion was made by Myers and seconded by Yerrington to adjourn at 8:25 P.M.: Meeting Adjourned: MERIDIAN CITY COUNCIL APRIL 3, 1990 PAGE #7 APPROVED: ATTEST: P&Z Members, Atty, Police,. Bldg., Eng., ACRD, CDH, NMID, Settlers, Gass, Ward, Stuart, Statesman, ACC Fire, Hallett, Valley News Mail (9) File (9)