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HomeMy WebLinkAbout1990 05-01AGENDA MERIDIAN CITY COUNCIL MAY 1, 1990 ITEM: MINUTES OF THE PREVIOUS MEETING HELD APRIL 17, 1990 PROCLAMATION DECLARING WEEKOF MAY 7 -MAY 11 "SPOTLIGHT OUR SCHOOLS WEER" 1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON VARIANCE REQUEST BY CHERRY LANE DEVELOPMENT, CHERRY LANE VILLAGE #3: (APPROVED) 2: APPROVE PRELIMINARY & FINAL PLAT ON CHERRY LANE VILLAGE #3, IF VARIANCES ARE APPROVED; (APPROVED) 3: PUBLIC HEARING: REZONE REQUEST BY W.H. MOORE: CONTINUED FROM LAST MEETING: (APPROVED) 4: PRELIMINARY PLAT ON MERIDIAN PLACE #3: TABLED AT LAST MEETING: (APPROVED 5: CONDITIONAL USE PERMIT FOR SHIRLEY PERSON FOR YOGURT SHOP AT 310 EAST FIRST STREET: (APPROVED) 6: ORDINANCE # 525: ORDINANCE REZONING VALENTI PROPERTY ON EAST FIRST ST: (APPROVED) 7: ORDINANCE # 526: NEW AIR QUALITY ORDINANCE: (APPROVED) 8: COVENANTS ON LOCUST GROVE MANOR: (APPROVED) 9: PRE -TERMINATION HEARING: WATER, SEWER, TRASH DELINQUENCIES: (TURN-OFF APPROVED) 10: APPROVE THE BILLS: (APPROVED) 11: LEASE AGREEMENT ON PROPERTY AT PARK WITH KEN HAMILTON DBA KEN HAMILTON PRESENTATIONS: (APPROVED) 12: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL MAY 1, 1990 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: Members Present: Bob Giesler, Ron Tolsma, Bert Myers, Max Yerrington: Other Present: W.H. Moore, Norman Fuller, J. Bertetto, Liz Bolts, Paul Kochman, Vern Labernik, Ken Schneider, Sam Briscoe, Raleigh Hawe, K. Beumeler, Scott Swanbeck, Peter Michaelson, J.J. Howard, Jim Johnson, Winston Moore, Billy Ray Strike, John Ewing, Sara Ewing, Gary Lee, Gary Smith, Bill Gordon, Daunt Whitman, Jack Riddlemoser, Wayne Crookston, Jack Smith, D'Arlene Stutzman, Scout Troop #129, Chuck Fuller, Jerry Rohan, JoLynne Cavener,= The Motion was made by Yerrington and seconded by Myers to approve the Minutes of the previous meeting held April 17, 1990 with one correction on Page 8, as written: Motion Carried: All Yea: Mayor Kingsford read a Proclamation declaring May 7 through May 11 as "Spotlight our Schools Week". ITEM #1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON VARIANCE REQUEST BY CHERRY LANE DEVELOPMENT, CHERRY LANE VILLAGE #3: Kingsford: Council members you've had the Findings of Fact & Conclusions of Law are there any questions or comments. Tolsma: The street lights are really not a detriment to the developer which lacks grounds for a variance. I think we should have the Planning & Zoning Commission possibly make an amendment to the Ordinance as such so that we could get a different setback on the culdesac lots and possible the street lighting as an either or situation. Kingsford: You're speaking to avoid a variance request on that issue in the future. Kingsford: What about the sprinkler irrigation? Myers: That looks like it's more of a deferment that a variance request because we haven't got the procedure set up on that anyway. Kingsford: Could I maybe get you and Ron to work with Jim Johnson & P & Z in looking at those Ordinances, please? The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law for Cherry Lane Development with the exception of the variance request for the pressurized irrigation system. Roll Call Vote: Yerrington - Yea; Giesler - Abstained; Myers - Yea; Tolsma - Yea: Motion Carried: 3 Yea's and 1- Abstained. ITEM Oil: APPROVE PRELIMINARY 8 FINAL PLAT ON CHERRY LANE VILLAGE #3, IF VARIANCES ARE APPROVED: The Motion was made by Myers and seconded by Tolsma to approve the Preliminary & Final Plat on Cherry Lane Village X13. MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE 912 Motion Carried: All Yea - Giesler - Abstained: ITEM 913: PUBLIC HEARING: REZONE REQUEST BY W.H. MOORE: CONTINUED FROM LAST MEETING: Kingsford: The Public Hearing is now open again on this subject, is there someone from the Public who would like to offer testimony, come forward and be sworn. Winston Moore, 11665 Thomas Dr., Boise, was sworn previously. Moore: Briefly explained about the two parties that were not notified. We did meet last Thursday with Glenco & a number of concerned Meridian Greens property owners. We have arranged to do additional landscaping on Overland on our side where the new intersection will be located. Glenco did execute the waiver of notice and also received one from Joe Tertling for Tertling Trust V. One concern the Meridian Greens folks had is as follows, they have a concern that the IL Zoning that we have requested is to permissive. Even though I am only asking to rezone five acres on which the Arnold Machinery Project will be placed, they are concerned that if you grant the Industrial Zone that that may establish a presidence and someone in the immediate area could come at a later date and ask for Industrial Zone for more permissive and less desirable use. If you could consider a zone of CG instead of IL that is what they prefer. Larry Bertetto, from Meridian Greens, was sworn previously. Bertetto: We did meet with Mr. Moore and had a real good meeting. We would like you to consider what he has said. The only thing that we would ask is at some time if the City could consider some type of Ordinance that if anything happens to Mr. Moore that something be ordinanced to the fact that it's kept the way that he certainly intended it. Raleigh Hawe, 530 Blue Heron Lane, was sworn by the attorney. Hawe: I have known Mr. Moore for a number of years and I would just like to speak in favor of the type of construction that this gentleman puts forth to the community. Kingsford: Anyone else present that would like to offer testimony, being no response the Public Hearing is closed. Giesler: The question that I have is the possibility of being able to change that from IL to CG tonite without him having to go through that process. Crookston: We would have to have an amendment to the Findings in that regard. I would propose to the Council to go ahead and have a motion to prepare the Ordinance and if that is the Council's desire to change that if we can legally do so I can prepare the Ordinance to the CG designation, amend the Findings of Fact to reflect that. Myers: It sounds to me like Mr. Moore is really trying to work with these people. The Motion was made by Myers and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law for the rezone request for Mr. Moore. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE #3 The Motion was made by Myers and seconded by Tolsma to have the Counselor to proceed with the Ordinance with the possibility of changing the zoning from IL to CG. Motion Carried: All Yea: ITEM #4: PRELIMINARY PLAT ON MERIDIAN PLACE #3: TABLED AT LAST MEETING: Giesler: There was some concerns over the irrigation I was wondering if those have been resolved. Jim Howard: From JJ Howard Engineering. I visited this site generally in the NW corner of the project is the only area that would impact adjoining land owners. We will provide an easement so they won't allow individual lot owner to fence that gentleman out. We will show directly on the plat that all fences have to be located well inside that headgate area. We have a drain ditch on the west side which it serves to, it takes the wastewater off of our property and drains it into a large drain ditch and that will eventually some 100 to 200 feet will be covered. The drain ditch directly to the south will be tiled. Kingsford: There is no water that drains during that area into the drain ditch that will be backing up and so forth -- Howard: The drain ditch we'll have to work with irrigation people, but we are proposing to cover it, we've never had any problems before as long as we keep the joints open to allow water to seep in. Giesler: I might ask Mr. Hawe if these responses answer his questions. Hawe: The 10xlO area that he is discussing is one of the areas of concern that I had, the other is the, of course that spring that runs east & west on the south side of their property that of course would have to be tiled. There is one stub that runs north & south on the west side of their property and I'm not sure that I heard him address that. The access easement to that irrigation box is my concern because at that point I receive the water for my place as does about seven other people. Howard: It will be easily accessible. THERE WAS DISCUSSION. TAPE ON FILE. Hawe: What size of tile are you proposing to put into that east -west lateral. Howard: It's 24" existing and that will be dictated by the irrigation district. The Motion was made by Tolsma and seconded by Yerrington to approve the preliminary plat on Meridian Place V. Motion Carried: All Yea: Kingsford: Engineer Smith can you give a brief explanation of where we are at concerning the water situation. MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE #4 Engineer Smith: Since the last meeting I have been in contact with a consulting engineer who was assisting us previous to that point and there are a couple other wrinkles we are looking at. Explained those to the Council. I have had the water department install a pressure recording device out there at the subdivision. Liz Bolts: I believe it was taken off on Monday but it was only on over the weekend. Sometimes it's weeks it will go on fine. I would like to see it on there for a longer period of time. Smith: We have a new recorder coming and it's a seven day recorder. Giesler: Do you have an estimated time of when this project will be completed. Smith: I still think we can get something done by early June. ITEM #5: CONDITIONAL USE PERMIT FOR SHIRLEY PERSON FOR YOGURT SHOP AT 310 EAST FIRST STREET: Kingsford: Is there a representative here? Sam Briscoe, Briscoe Builders was present. Giesler: Have they determined whether it will be a drive thru or a drive up? Briscoe: It would be a drive by in the front. Giesler: Has the concern about the fire hydrant been resolved. Briscoe: She talked to them, the plans are in the process of being changed to see if we can get around the fire hydrant rather than moving it. Giesler: I am concerned about the curb & gutter. Where do you draw the line as to when we start adding onto that new highway, we don't want to put a burden on new business, but I'm wondering when we have that done. If we have the downtown done, then I would like to see something be the start. Would there be a time that that could be done, curb & gutter on King Street. You will be entering from East 1st and leaving on King. The Motion was made by Tolsma and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law with the exception of Item #5. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to approve the Conditional Use Permit with the conditional that within a year to put curb & gutter in on King Street. Motion Carried: All Yea: ITEM #6: ORDINANCE #525: ORDINANCE REZONING VALENTI PROPERTY ON EAST FIRST ST: Kingsford Read: AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF SECTION 7, IN TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1302 EAST FIRST STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE #5 Kingsford: Is there anyone present who wishes Ordinance 525 read in its entirety? There was no response The Motion was made by Tolsma and seconded by Myers 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 Number 525 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea: Tolsma - Yea: Motion Carried: All Yea: ITEM #7: ORDINANCE #526: NEW AIR QUALITY ORDINANCE: Kingsford Read: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 6, TITLE 7 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND REENACTING SAID CHAPTER 6, TITLE 7 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN ADOPTING PROVISIONS FOR REGULATING AND TESTING MOTOR VEHICLE EXHAUST EMISSIONS INCLUDING A SHORT TITLE; LEGISLATIVE FINDINGS AND PURPOSE; DEFINITIONS; INSPECTION -MAINTENANCE PROGRAM; DUTIES AND POWERS OF THE AIR QUALITY BOARD; FINANCING; INSPECTION CRITERIA AND COSTS; EMISSIONS INSPECTION STATIONS; EMISSION INSPECTION MECHANICS; ACQUISITION OF PROPERTY AND CERTIFICATES THE PROPERTY OF THE BOARD; FALSIFICATION OF CERTIFICATES; DEMAND OR COLLECTION OF IMPROPER FEE; ENFORCEMENT; PUBLIC INFORMATION; EFFECTIVE DATES; PENALTIES; JOINT ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Kingsford: Is there anyone present who wishes to have Ordinance 526 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Myers 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 Number 526 be passed and approved. Roll Call Vote: Yerrington- Yea; Giesler - Abstained; Myers - Yea; Tolsma - Yea: Motion Carried: 3 Yea -,.1 Abstained. ITEM #8: COVENANTS ON LOCUST GROVE MANOR: Crookston: On page 5, number 5, it speaks to the residential building sites remaining at the size and domension shown on the recorded plat, as I recall there were designation of house sizes pursuant to our Ordinance and yet on page 6 paragraph 10 it says that residential buildings will be at least 1,300 sq. ft.. If there is no conflict then that would not be a question. Then on page 6, item 12, they have a forty watt yard light requirement, that came up before and the council said they needed at least a 60 watt. We need to reference that the yard lights be wired directly to the breaker box. That wouldn't pertain if there was street lights. Had a question on easements, whether or not they wanted to add the gas company? Also on page 10 they appear to have the owner of a lot paying for for repairs to underground power lines and maintenance, I believe that the utilities pay for that. Explained further - TAPE ON FILE - The Motion was made by Myers and seconded by Tolsma to approve the covenants on Locust Grove Manor with the approved remedy. Motion Carried: All Yea: MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE #6 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., May 1, 1990 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. Is there anyone from the public who would like to contest their water, sewer, & trash delinquency? 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 Yerrington to approve the turn off list. Motion Carried: All Yea: Kingsford: The amount of the turn off list if $6,460.35. ITEM #10: APPROVE THE BILLS: The Motion was made by Tolsma and seconded by Giesler to approve the bills. Motion Carried: All Yea: ITEM #11: LEASE AGREEMENT ON PROPERTY AT PARK WITH KEN HAMILTON DBA KEN HAMILTON PRESENTA'' The Motion was made by Myers and seconded by Tolsma to approve the lease agreement with Ken Hamilton and authorize the Mayor and City Clerk to sign. Motion Carried: All Yea: ITEM #12: DEPARTMENT REPORTS: Police Chief: Approximately about two months ago, the Council authorized me to apply for a Federal Drug Grant, that Grant was awarded today by Governor Andrus and barring any un- forseen problems the Meridian Police Department will have a full time Drug Enforcement Officer June 1, 1990: Building Inspector: A couple of things, the City Clerk had talked to me today about where the Council has granted yard lights instead of street lights and I visited with the Electrical Inspector today and we are going to draft a letter to put with all the permits where this condition exists advising them of the requirements and then when doing the inspections we will make sure this is canpleted as required. The other thing, in December the Council granted an extension on some temporary occupancy and -one of those temporary occupancies has been finaled and the other one has not been fidaled as yet and today was the date that the temporary occupancy expired and I guess I am asking how the Council wishes to proceed from here. Myers: Whose is it that is not £i.naled? Building Inspector: It is a rental of D'Arlene Stutzman. MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE # 7 Myers: Have you talked to her about what the problem is or why they have not done it? Bldg. Inspector: I did a framing inspection along with Dennis Davis the Nampa Building Inspector approximately three to four weeks ago and I do not normally go out and check every job every day, it is up to the Builder to see that the inspections are called for when it is ready, so I am not aware of any holdup on it. Myers: What is the problem for the occupancy permit, what needs to be done, do you know? Bldg. Inspector: They are adding on a family roan & garage to a moved in house, they are expanding that house and the temporary occupancy was granted because it was deemed to be safe, the only thing is the City Ordinance states there is not supposed to be any occupancy until a final occupancy has been granted. Myers: So what about the existing house that was moved in, is everything in there ok, is it just this addition that is a problem is that what you are saying? Bldg. Inspector: Basically, the permit was taken out to move the house in and do the addition, one permit was issued for the whole thing, so bascially we need to have a final on the whole project. Myers: Refresh my memory, when we extended it in December was that for six months for then to get the whole project completed? Bldg. Inspector: At that point, August 9, 1989 they had been granted a temporary occupancy for thirty days and the Council granted it until May 1, 1990 because of weather concerns and that type of thing because there was a lot of outside work to be completed, the other hone it was mostly inside work that needed completed. Myers: When you looked at it three weeks ago, what still needed to be done? Bldg. Inspector: Well it just had the rough framing done on the addition, I did not go inside the hone at all. Dennis Davis had already inspected that to grant the temporary. Myers: I assume that someone is living in it, is that correct? Bldg. Inspector: As far as I know. Myers: So basically what itis, is the addition has not been completed but they applied for the whole project on one permit, so if someone is living in there it is probably not any big problem for them to be living in the house because it is liveable, I mean the house isself is ok, it is just this additionthat hasn't been completed as yet. Have we heard from her at all on an extension or anything. Tolsma:What is the procedure, we have already granted an extension: City Attorney: the procedure is to bring it up for consideration which the Building Inspector is requesting the Council to do, you can grant a continuance without her request if that is what you want or since she has not made a request which apparently she hasn't, you can instruct that the temporary occupancy permit be formally withdrawn I believe the procedure at that junture would be for the Building Inspector to red tag the project and to require them to cease occupancy of either the whole house depending upon whether part of it is occupiable or not or the portion that is not occupiable not be occupied. Myers: What would happen if we wrote her a letter and see if she wanted to cone to the next Council meeting and tell us why they do not have it completed or if they want an MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE # 8 extension or something and see what option we have. City Attorney: I believe that under the occupancy permit if the temporary has expired, technically they are in violation unless it is officially regranted. Myers: Then if it is expired, they are technically red tagged and they should move out, so what do you do? City Attorney: It is a code violation, the procedure would be to red tag it and tell them they have to move out of it depending how the orginal permit was issued and then if they don't, then you would sue for a mandatory injuction to require them to move. Myers: So if we do that then we are looking at sone expense to the City to do something about it. City Attorney: Yes. Myers: If we do not have a request for an extension, then we probably cannot grant an extension. City Attorney: I think that you can do that on your own motion. Tolsma: If you grant an extension and they still do not do anything then what do you do? City Attorney: That is where we are right now. Myers: Maybe the thing to do would be to give them a 30 day extension. The Motion was made by Myers to grant a 30 day extension and put her on notice that if it is not completed in 30 days we will proceed accordingly. Giesler: Question, it is just the garage that is all that is left on that Bldg. Inspector: A family room & a garage. They are not using this part only the house that was moved in. Motion died for lack of second. Giesler: You do not have any idea how close this is to being finished at this time? Bldg. Inspector: I know the outside of the hone is not even close, no siding put on at all, the inside I do not know if there has been any sheet rocking done. Giesler: I would second the Motion: Mayor Kingsford: That Motion died for lack of second: The Motion was made by Myers and seconded by Giesler to grant a 30 day extension and send them notification that if not completed in 30 days we would proceedaccordingly. Roll Call Vote: Yerrington, Nay: Giesler, Yea: Myers, Yea: Tolsma, Nay: Mayor voted Yea to break the tie: Extension was granted: MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE # 9 City Engineer: Concerning the bid for the drilling of City Well #12, Pete Cope was the apparent low bidder, Wayne Stevens & Sons were the second bidder, Mr. Cope was sent notification that he was low bidder along with copies of the contract for him to sign and to return the contract with his surety bond for preformance & payment. Mr. Cope has failed to return the surety bond. He proposed to submit letters of credit in lieu of the surety bonds however the letter of credit was deemed not to conform to the State Code. Thus morning Mr. Cope called and informed me that he could not comply with the requirement of the surety bonds. He advised that he was not interested in proceeding any farther with this bid. I asked him to send sonething to us in writing regarding what his desires are on this bid. City Attorney: I believe we could go ahead, in the first place forfiet the bid bond of Mr. Cope, proceed to award the contract to the next low bidder, I believe that under the bid laws we do have an option to rebid the project, if that is the Councils desire, I would like to make sure that that is a provision in the statue before they move in that direction. Mayor Kingsford: I think it would be advisable that we wait for written notification before we proceed in any direction. City Engineer: Just one other comment, on our Ten Mile Road extension project,the project will be advertised for bids on the 9th & 16th of May, bids will be opened on the 23rd. The Ten Mile Creek extension is being survey so the plans can be prepared for that. Moe Alidjani, President of Sanitary Service advised he had sone fliers which were received to late for the bills to be sent out to the residents for collection of toxic waste for May 19, 1990. He was seeking ways to get these to the residents and commercial accounts. Chief Police: The 15th of May has been announced by Congress as Police Memorial Day, the week of May 15th is Police Officer Week, in recogonition of Police Officers who have died in the line of duty they are recommending that Police Departments throughout the United States fly their flags at half mast on May 15th..and that all Police Officers wear a black clock on their badges, I would like permission to fly the flag at City Hall at half mast on May 15th: The Motion was made by Myers and seconded by Tolsma that we fly the flag at City Hall at half mast on May 15th in honor of all the Police Officers who have died in the line of duty: Motion Carried: All Yea: Mayor Kingsford: I have a letter from Frontier School from Doug Rutan asking City Council to think about items for the time capsule, that will go in under the gazebo, what we would like to see in there. Mayor Kingsford read the letter. Giesler: Announced the ground had been broke for the Centennial Gabzo. Being no further business to cone before the Council the Motion was made by Myers and seconded by Yerrington to adjourn at 9:00 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE $ 10 NMENAWFA' 1 l\ ATTEST: Atty, Eng, Fire Police, Gass, Stuart Ward, Hallett, Bldg. Dept. Statesman, Valley News ACRD, NIMD, CDH, ACC SIRD. FILE: (4) Mail (4)