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1984 03-05u A G E N D A MERIDIAN CITY COUNCIL March 5, 1984 ITEM: Minutes of Previous Meeting Held February 21, 1984 APPROVED 1. PUBLIC HEARING: Variance from Building Code Request APPROVED Ken Shaffer 2. Senior Citizens: Approval for No Building Permit APPROVED Remodel Kitchen Senior Center 3. Bills APPROVED 4. Pre-Termination Hearing: Water/Sewer/Trash Delinquencies APPROVED 5. PUBLIC HEARING: Comp. Plan Admendment Atty' to Prepare Findings & Conclusions 6. PUBLIC HEARING: .Zoning & Development Ordinance Atty' to Prepare Findings & Conclusions 7. Norman Fuller: Meridian Greens DENIED 8. Department Reports NO BUSINESS • ~ N • City Council March 5, 1984 Regular meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m. Council Members Present: Bill Brewer; Ron Tolsma; BurtMyers; Bob Giesler; Others Present: Bruce Stuart; Heidi Schuler; Doug Nichols; R.C. Spencer; Ken Shaffer; Earl Ward; Wilma Blair; Kenny W. Bower; Bob Nahas; Dale Ownby; Lee Roy Nelson; Gary Smith; Peter Michaelson; Glen Scott; Norman Fuller; Don Hubble; Alan Lance; Howard Foley; Wayne Crookston; James Shearer; Jack Niemann; Minutes of the previous meeting held February 21, 1984 were approved as written. Mayor Kingsford welcomed Heidi Schuler representing the Idaho Statesman. Item 1 PUBLIC HEARING: Variance Request by Ken Schaffer Mr. Schaffer was present requesting a variance from the building code requiring public restrooms for a restaurant. Schaffer explained that he is planning to put in an Ice Cream Parlor in Cherry Plaza, in the space previously occupied by Idaho Photo. Schaffer pointed out that there would be limited seating, and would be a mostly "walk-in" type business. The Motion was made by Myers and seconded by Tolsma to approve of the variance from the building code requiring public restrooms as requested by Ken Schaffer. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Item 2 Senior Citizens Request for Approval of no Building Permit Necessary for Kitchen Remodel Mayor Kingsford explained that the Senior Citizen'sare going to be remodeling the kitchen facilities for their new Senior's Center. Kingsford said that the work will be done by contract and the Senior's are requesting that no Building Permit be necessary for the work. The Mayor also pointed out .that Vern Schoen, City Building Inspector, recommend approval of the request, and that he felt there was no problem with the remodel. The Motion was made by Myers and seconded by Brewer to approve of the request by the Senior Citizen's that no building permit be necessary for the kitchen remodel of the center. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Item 3 Bills The bills were presented. The Motion was made by Brewer and seconded by Tolsma to approve of the bills. Motion Carried: Brewer, yea; Tolsam, yea; Myers yea; Giesler, yea;. M Meridian City Council 2. Item 4 Pre-Termination Hearing; Water/Sewer/Trash Delinquencies March 5, 1984 Mayor Kingsford read: "This is to inform you, if you choose to, youhave the right to a pre-termination hearing, at 7:30 p.m., March 5, 1984, before the Mayor and Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer and trash bill is delinquent.. You may retain counsel. This service will be discontinued March 13, 1984, unless payment is received in full." Mayor: "IS there anyone present that wishes a pre-termination hearing before the Council tonight?" Wilma Blair, 1239 W. 2nd, Meridian, was present. Blair presented the Mayor and Council with a money order to cover her water bill in full. Bair said that she would bring the payment into the City Hall the next morning. Mayor Kingsford: "Fine, thank-you." Mayor: "IS there anyone else present that wishes to be heard regarding their water% sewer/trash billing?" There was no response. Mayor Kingsford closed the Pre-termination hearing. Mayor: "Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on March 13, 1984. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal to 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 Tolsma and seconded by Myers to approve of the turn-off list with the exception of Wilma Blair. Amount of turn-offs $2728.67. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Item 5 PUBLIC HEARING: Comprehensive Plan Admendment Mayor Kingsford opened the Public Hearing for testimony on the Comprehensive Plan Admendment, at 7:45 p.m. R.C. Spencer pointed out that the hearing had been published for 8:00 p. m. Mayor Kingsford: "That being the case, we will go on to other .business." Item 6 Public Hearing: Zoning & Development Ordinance This hearing was also published for 8:00 p.m. Item 7 Norman Fuller; Meridian Greens Mr. Fuller was not yet present. Item 8 Department Reports There were no Department Reports to be presented. ~ M Ci 3. March The Motion was made by Brewer and seconded by Tolsma to adjourn until 8:00 p.m. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Mayor Kingsford announcedthat the meeting would adjourn until 8:00 p.m. at which time Council would return to Chambers. The Mayor and Council returned to Chambers at a:00 p.m. at which time the Mayor announced that it was 8:00 p.m. and the business before the Council would continue. Item 5 Public Hearing: Comprehensive Plan Admendment Mayor Kingsford opened the Public Hearing. Alan Lance was present, to comment. Lance said that in reviewing the Planning & Zoning Commission recommendation regarding Regional Shopping Centers (Pg. 20), the language, by previous recommendation of the Planning & Zoning was to have been amended, or basically "neutralized". Lance said this was to encourage development and growth at each of the interchangeenterprise areas. Lance read into the record., the previously proposed language recommended by P&Z: "Meridian is encouraging the .potential development of a Regional Shopping Center within an Interchange Enterprise Area. It would have asignificant impact on economic growth of Meridian toward the goal of economic self-sufficiency desired by the community." Lance said in reviewing the latest recommendations of the P&Z, they (P&Z) have opted to omit this previous recommendation to change the language. Lance: "As you (Council) are aware, it was the Chamber recommendation to endorse Planning & Zoning's prior recommendation in respect to that language." "And I'm here to encourage that the Council consider that neutral language so as not to identify one particulardeveloper of one particular location as having the pre-ordained approval of City Council; but to let free enterprise to work where it feels it should work and where it will work best." "That contours with the Chamber of Commerce prior recommendation and the written testimony received by this body -some 50 some signatures." Lance: "In respect tothe language on page 15, P&Zpreviously Yecommended language be inserted at page 15, before the Economic Policies Section, this read: Meridian is encouraging the development of interchange accesses and commercial and industrial development at interchange accesses. The locations where access and development is encouraged are at Ten Mile Road, Meridian Road, Locust Grove Road and Eagle Road, and Black Cat Road." "Black Cat Road was added as a result of the Chamber of Commerce recommendation that that particular section be added." "The P&Z have opted not to include the Black Cat Road recommendation. As this was a part of the Chamber recommendation, I would encourage the Council to consider adding Black Cat Road to that part of the language." There was no other public testimony. Mayor Kingsford closed the Public Hearing. M • The Motion was made by Brewer and seconded by Tolsma to instruct the City Attorney to prepare the Findings of Fact and Conclusions of Law regarding the Comprehensive Plan Admendment based on the last draft by the CityCouncil. N N ~ Meridian City Council 4. March 5, 1984 Item 6 Public xearing: zoning & Development Ordinances Mayor Kingsford opened the Public Hearing. There was no response. Mayor Kingsford closed the Public Hearing. The Motion was made by Brewer and seconded by Myers to instruct the City Attorney to prepare the Findings of Fact and Conclusions of Law regarding the Zoning & Development Ordinances based on the last draft of the City Council. Item 7 Norman Fuller - Meridian Greens. Mr. Fuller was present and presented the Counciland Mayor will a letter requesting that the City of Meridian sign the final plat of Meridian Greens Subdivision. (Letter on File with These Minutes) Mr. Fuller ask that the Council give consideration to his proposal, that he is willing to compromise with them. Fuller suggested that he be allowed to go with 30 lots and then take another look at the project and see if the sewer is going across the interstate. Council Man Brewer said that he still felt exactly the same about septic systems anywhere in the City of Meridian, and would "stick to it." Council Member Giesler agreed with Brewer, saying he felt that the Council may be setting a precident allowing one developer to go ahead with septic tanks and trying to restrict another developer from usimg septic tanks. Giesler said that he felt there was "no way to control" the problem. "I am still against development until Water and Sewer go across the Interstate," Giesler said. - Council Member Tolsma called upon City Attorney Wayne Crookston to decifer the problem of setting a precident. Crookston told the Council that they very well could be, and that he would have to do more research into the problem. Mayor Kingsford brought up the possibility of the developer putting "up-front" money assuring monies for the water/sewer lines. Kingsford said this might be a way to get the lines over there. CityAttorney, Crookston, stated again his concerns that the Sewer & Water District have jurisdiction in that area, and the Council would .have to have their consent to all anything in this area. Crookston said this was a problem that needed to be. workedout with the Sewer & Water District. Crookston said thatthe Council could approve subject to the approval of the Sewer & Water District, but felt the City of Meridian would be better off to reach an agreement with the Sewer & Water District before going ahead with anything. Councilman Giesler pointed out that there have several developers in the past that have run the sewer and water lines a long way to reach their development. The Motion was made by Geisler and seconded by Brewer to deny the project proposed by Mr. Fuller for Meridian Greens until such time as the sewerand water are under theinterstate. Motion Carried: Brewer., yea; Tolsma; yea; Myers, yea; Giesler, yea; Being there no other business to come before the Council . The Motion was made by Myers and seconded by Geisler to adjourn at 8:25 p.m. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Meeting adjourned at 8:25 p.m. APPROVED: ATTEST: pc: Mayor & Council (5) P&Z Commission (6) Schoen; Ward; JUB; Police; Fire; Stuart; Atty; Kiebert; Statesman; Valley; Press CDH; ACHD; NMID; ACC; AZD; APA; File: Senior Citizens Comprehensive Plan Admendment Zoning & Development Ordinances Meridian Greens Mail: Ken Shaffer Senior Citizens Meridian Greens, (Norman Fuller) Gr t P. Kings 99 d, j CITY OF MERIDIA N, ID • M ~ • T' UIIBT Q.i1C~ E~SSOCt~eS P.Q Bax 851 Merldtan, Idaho 83642 (208) 888-4892 To Meridian City Council: We hereby request that the City of Meridian sign the final plat of MeridiasGreena Subdivision with the following exceptions: 1) On-site waste disposal. systems, acceptable to Central District Health Department, maybe is ~:d until the subdivision is connected to the City sewer system; 2) A community well and water distribution system, acceptable to Central District Health Department, may be used uutil the subdivision is'connected to the City water system; 3) the land originally intended for a golf course be converted to other uses, 'eliminating the bonding requirements, pending approval of the Meridian City Engineer. Fuller and Scott Investment Co. GtiZ~~GG APPROVED: ATTEST: pc: Mayor & Council (5) P&Z Commission (6) Schoen; Ward; JUB; Police; Fire; Stuart; Atty; Kiebert; Statesman; Valley; Press CDH; ACHD; NMID; ACC; AZD; APA; File: Senior Citizens Comprehensive Plan Admendment Zoning & Development Ordinances Meridian Greens Mail: Ken Shaffer Senior Citizens Meridian Greens.(NOrman Fuller) C~ G ngs ~ d. CITY OF MERIDIAt ~ ID ~ N • ~ Fuller and Associates ~ -- pa eax asl Meridian, Idaho 83642 x208) 888-4892 To Meridian City Council We hereby request that the City of Meridian sign the final plat of Meridian Greene Subdivision with the following exceptions: 1) On-site waste disposal systems, acceptable to Central District Health Department, may be us ed until the subdivision is connected to the City sewer system; 2) A community well and water distribution system, .acceptable to Central District Health Department, may be used.until the subdivision is connected to the City water system; 3) the land originally intended for a golf course be converted to other uses, elimina4ing the bonding requirements, pending approval of the Meridian City Engineer. Fuller and Scott Investment Co. --- - --T-T-~*-- ; -;°~-~