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1979 01-15• AGENDA h~ERIDIAN CITY COUNCIL JANUARY ZS, L979 ITEf~ 1. Minutes of previous meeting (Jan. 2, 1979) 2. City Engineer Agreement (Sumner Johnson representing J-U-B) 3. Franklin Square (Jim Stubblefield) Approved to allow 11 water meters be placed - Stubblefield to be responsible for maintenance & operation OLD BUSINESS 4. Bethaven, Preliminary Plat tabled from 1.2.79 (Lee Stucker representing) Tabled 5 Conditional Use Permit - Karen & Dale Babcock Approved for 3021 N.W. 10th St., to be reviewed annually- contingent on the restrictions placed on the request by P&Z NEW BUSINESS 6. Conditional Use Permit - Roto Rooter (Lawrence Rackham present Request Denied NEW BUSINESS 7. Vacation of Meridian Manor #2 Public PJotice of Hearing (Larry Sale Representing) No Action - Eric Gabrielson & Lester Travis named as contact persons Homeowners question duplexes (covenants & in favor of all single dwellings 8. Boy Scout Troop 121 attending for Community Merit Badges CONSULTANT REPORTS 9. Attorney Crookston (no communication on a latecomers charge) 10. City Engineering l.(Jim Coleman representing City projects. 2.(Gary Smith reported on Rodding Cleaning Plachine) 3.(Gary Smith presented Engineering Review of Meridian Greens) 11. City Clerks Report 1. AIC Meeting Announced far 1.19.79 2. Development Packet 3. State Insurance Fund 4. Vacation request for Primrose Sub. 5. P~1aleco Proposal announced as turned down 6. Bid Opening 1.17.79 for Park pipe Meridian City xall Meeting was called to order at 7:30 P.M. by Mayor Don M. Storey. 15, 1979 Councilmen present: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. Others Present: Boy Scout Troop 121 (9SCOUts, Scoutmaster,2 Committeemen); Richard G. & Karen M. Potter; Jon E. & Carole Gabrielson; Tom Grote (Idaho Statesman); James C. Harris; Lanore Johnson; Steve Gratton (Chamber); Charles Stevens (Dairy Show);Jerry Dirksen (DS) J.E. Stubblefield; Bruce Stuart; Earl Ward; Karen Babcock & Dale Babcock Marvin Moser; L.H. Beckham; L. M. Kuka; John Dennis; Wm. R. Carroll; Lynn D. Huss; Lester E. Travis; Nancy Shute; Larry Allphin; Herald J. Cox; Clarence Clauson Agenda Minutes of the previous meeting stood approved as read. 1 Agenda 2 City Engineering Sumner Johnson of J-U-B Engineers was present and stated that the designated City Engineer Carl Ellsworth had taken a new position with the City of Boise and is no longer on the staff. J-U-B recognized last October that they felt the City should get more detailed Engineering than can be made under the present type of arrange- ment, but budgetory restrictions, etc., The City decided not to budget for an Engineering Staff. Apparently they also felt that the City should not negotiate with J-U-B to provide full time service with an Office in Meridian. Now with Carl Ellsworth leaving they have been reorganizing their firm. They are trying to accomplish stability - they decided to assign this project to an Engineer experienced in water and sewer systems, development plans, and the 7th largest stockholder in J-U-B. This gives stability in representing the City. They have asked Gary Smith to take on the assignment of overall coordination of the Meridian projects. Jim Coleman will continue with the Treatment facility. Ted Whiteman, Chief Inspector on the project, will continue in that phase of the project. Mr. Johnson stated that they are proposing tonight that the Council take into consideration that they would designate Gary Smith as their representative and if that is agreeable with the City he would be the contact man between the City and J-U-B Engineers. Williams inquired if it would be the same arrangement as with Carl Ellsworth. Johnson stated, yes, and explained the agreement. He stated that the City may wish to appoint himself as Acting City Engineer until the Council deliberates on what they want to do. He outlined the feasibility of Engineering access to the City of Meridian. The Mayor stated that we can contact Smith when necessary. He suggested to the Council,because J-U-B is aware of the problems the City has with new developments, all we can do for the rest of the fiscal year is appoint J-U-B as Engineers. Gary Smith outlined his history. It included 5 years working with a general Contractor in Boise as a project Engineer, then J-U-B.. in 1970, 1971 registered as a professional Engineer.Since then he has been registered in the States of Washington and Nevada; 4 years experience in land development Engineering, Structural Engineering and recently moved into the Municipal Engineering branch. The Mayor stated that because we cannot operate without an engineer, a decision should be reached tonight. Glaisyer stated that he did not feel justified in making a decision tonight. He would like to talk to Ric Orton on a one to one basis. The Mayor stated that Orton had talked to the Council. Williams stated that he would like to review the situation and stated that the City still has J-U-B under agreement. Storey stated that a decision should be reached as soon as possible. The Motion was made by Joseph Glaisyer and seconded by Grant Kingsford to appoint Sumner Johnson as Acting City Engineer and to table any action on selection of a City Engineer until the February 5, 1979 Council meeting. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. ~~ Agenda 3 City Hall (2) January 15, 1979 Stubblefield Jim Stubblefield was recognized by the Mayor and stated that he was here for two reasons. First, they need to get some water meters. Galey Construction did the job but during the paving process there was damage to water valve housings. It will be taken care of by another firm but weather conditions slowed the process down. They need eleven water meters. He explained the economics of the system. Second, he would like to get some indication from the Council whether they will allow a Formica Shop in a building on their site. Heexplained the layout and type of building. Williams inquired from Ward if the sewer had passed inspection and has been approved. Ward stated that the surface inspection could be done at this time, the City needs "as built" plans. Williams inquired about the status of the lift station. Ward stated that he had letters from Ray Phillips and CDH approving the system. Stuart stated that there are a number of problems with the water system. The Mayor stated that if the Contractor agrees to repair any item necessary, he should be given water. Williams clarified a problem the City has not approved the distribution system, so if pipe breaks, ect., the City should not fix it. Stubblefield stated that if the City hasn't approved it they have no liability. It was discussed. Williams stated that he would like to see a letter that the developer will do the repairs and maintenance until the City goes through a final acceptanceon those lines. Stubblefield stated that was acceptable to him. The Motion was made by Joseph Glaisyer and seconded by Grant Kingsford to allow the eleven (11) water meters to be placed contengent on a letter from Stubblefield indicating they are responsible for operation and maintenance and that the City has not accepted the lines. Motion passed: Williams, yea; Kingsford, yea; Bodine, yea; Glaisyer, yea. The Mayor stated that he thought the request had been before the Council before. Stubblefield outlined the history of the development and explained the situation on the Formica shop. The Mayor stated that the requested use would be classified light industrial. Glaisyer stated that he didn't support the concept and requesteda review of what happened. to date.. Stubblefield stated that their building format included a concrete building. Glaisyer and the Mayor did not remember this type of building in the request. Stubblefield stated that it was included in the plans and they had been reviewed by the Building Inspector. He is requesting in one of those spaces a 40 by 40 shop for a Formica Shop. Williams stated that it should go before Planning and Zoning. It was discussed. Stubblefield stated that there is noone around him, it only effects his property. Zoning was discussed. Kingsford stated that he would like to review the plans, Bodine concurred. The Council decided to review the development and discuss it at the next meeting. 1979 Agenda Bethaven, Preliminary Plat tabled 1.2.79 (Stucker) 4 Bethaven Preliminary Plat was considered. Lee Stucker was present representing the request. He reviewed a submitted letter (see evidence) He explained the letter. Stucker stated on exits that they have future plans that exclude roads, but emphasized they are flexable in this area. They have no objections to putting in an exit to the West. On the first phase they will have 37 lots, 5 duplex and 35 single family residents. He explained the situation with the School District. Williams stated that they had just received the restrictive covenants and did not feel prepared to act. Stucker stated that it would not effect him to put the subject off. The Motion was made by Joseph Glaisyer and seconded by Richard Williamsto table Bethaven Preliminary Plat request. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. Stucker stated that he was available for consultation and explained what out-buildings were to Councilman. Agenda 5 Conditional Use Permit, Karen and Dale Babcock A Public Hearing was held on the request. Karen Babcock explained the request. The Mayor reiterated his objections to the request. Kingsford inquired how many children would be involved at any one time. Mrs. Babcock explained that the average was between 4.3 and 4.6. Dale Babcock stated what his counseling entailed. Karen Babcock pointed out the strong neighbor support and the use by the neighbors of the service. She explained the history and stated that it was a neighborhood service. She clarified that the kitchen will not be used for a cooking area rather they stress child rearing and sewing. Williams inquired about signs. Babcock explained there will be no signs, also only three cars at one time can be at the residence. Williams stated that the Conditional Use Permit concerns. K. Babcock stated that she had encountered concerns that the permit is necessary and requiring people to leave home for a money making activity is very restrictive for anyone that is a parent and wants someone home with their children. The Mayor stated there was a problem with precedents and explained. The concept was debated. Kingsford moved to approve a Conditional Use Permit for.Mr. and Mrs. Babcock, 3021 N. W. 10th Street; and that they be reviewed annually, at that time the City should have a fee strufture that will be applicable to this permit and contengient on the restrictions placed on the request by Planning and Zoning, seconded by Richard Williams. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. Agenda 6 Roto Rooter, Conditional Use Permit Roto Rooter requested a Conditional Use Permit to place a housetrailer on their property. (see letter in evidence) Lawrence Rackham was present representing the request and stated that they are requesting to place a mobile home behind the residence they are using as an office on Franklin for security reasons and explained. The Mayor inquired why they didn't fence the property. Rackham explained that this would not solve their problem. Storey explained the City Ordinance in relation to the request. ~_y City Hall (4) January 15, 1979 Agenda Roto Rooter, Cont'd 6 Glaisyer inquired if there was a trailer on the location. Rackham explained that there was a trailer there, it was not their intention to place it there. It was placed before they knew there was restrictions. Rackham inquired what the objections were to mobile homes and explained their proposal. The Mayor outlined the need to control mobile home placement. Rackham explained the nature of their emergency business and the crime problem. The situation in the City was discussed. Rackham summarized their request. Kingsford inquired specifics on the crime problem. Bodine stated that he is against trailer homescoming into the City. Every merchant would like a trailer house, but no one is entitled to it. Glaisyer stated he was against the request. The Motion was made by Marvin Bodine and seconded by Joseph Glaisyer that the Conditional Use Permit for Roto Rooter, Housetrailer, request be denied. Motion passed: Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea. Agenda Vacation of Meridian Manor #2 7 Joy read the Public Notice of Public Hearing. Larry Sale was present representing the request and volunteered to answer any questions. Williams stated that he also received a letter. There has been some rumors going around on what the request entailed. The Mayor polled the Public on how many were present on the request. There were several. Sale explained the process of vacation and the history of the development. The developers felt. the market changed to higher priced homes needing larger lots, because the plat was .recorded it needed to be vacated. A request was made by the developer that asked the City to reduce the lots from 101 to 92 lots. The developer has submitted restrictive covenants that are the same as for Meridian Manor #1 except it calls fora larger minimum dwelling size. Williams inquired how many duplex lots in #2 were eliminated and how many duplex lots will be in Meridian Manor #3. Sale stated that there are 18 lots out of 92 that can be used for either single family or two-family dwellings. Lester Travis, a homeowner, inquired where the duplexes would be located. Sale outlined where the lots .were located. xingsford inquired how many duplexes were approved in #2. Sale was not sure. Sale read the square footage from the covenants. Travis inquired why they wanted to put duplex housing in. Sale outlined the Comprehensive. Plan as it applies to this development. Travis inquired why the duplexes were not distributed through out the Subdivision instead of on the fringe area. Bill Carroll stated that he was in about three weeks ago and had been assured there would not be any duplexes in there. Joy disputed his contention. .The location of the duplexes was discussed. Carole Gabrielson stated when the developer chooses not to put duplexes in the middle of a new subdivision that says they feel duplexes will pull the value of adjacent homes down. She inquired w'nat that would do to their property values. Sale stated that he was not making the decisions. ~ ! Meridian City Hall (5) January 15, 1979 Agenda Vacation of Meridian Manor #2, Cont'd 7 Gab rielsonoutlined the problems with absentee landlords and keeping the property up. It was discussed. K. Babcock observed as a neighbor tothese people they supported her request. She concluded that she would be less threatening to them than something that happens a lot more commonly, the duplexes. D. Babcock inquired on number of duplexes. Richard Potter stated everyone at this meeting would like to see single family in the development. Eric Gabrielson inquired why the developers were not there to answer questions. Sale stated that they coulc research Plat #2 and determine where the duplex lots were located. Sharon North inquired if there was a price range of the structures. Sale read square footage of structure from the covenants and cost not less than $35,000 excluding the lot cost. He stated that the lot value should be $11,000 to $14,000. C. Gabrielson stated that she would not be opposed to duplexes if the covenants guaranteed the property next to others would be kept up. She stated there are a lot of loop holes in their covenants. She was concerned with their property value. Covenants and their enforcement was outlined by the Mayor and Sale. C. Gabrielson observed that if the Council approves the Plat they have no input into the decision. Glaisyer stated that the Architectural Control Committee has to be named by the developer. 99~ of the time it will be the developer on the committee. The only time these people could be named to the committee is before the covenants were recorded. It was discussed. Williams stated that in defense of the developer they have done a good job in Meridian Manor #1 on developing. What a homeowner does with his property cannot be controlled completely through the covenants. The problems of rentals keeping property up was rediscussed. Kingsford stated theadvantages of separating duplexes throughout the develogrent Bedelco Developers were discussed. E. Gabrielson stated that until the new Subdivision covenants cover the areas of concern to those present, the Subdivision should not be approved. Sale responded that the responsibility for enforcing the covenants rests with the people in the Subdivision. C. Gabrielson responded by outlining the problems of enforcing the covenants. Sale stated that they could sue, cost was outlined. The matter was discussed. Travis stated that the problem would be eliminated if theydid not allow any duplexes in the development. Kingsford suggested tabling the request until Sale could explain the #2 Development in terms of the duplex lots. Bodine stated he felt the same way as Lester Travis. Glaisyer thought it should be tabled and let the neighborhood people get together with Sale and developers and see what they can come up with. Williams agreed or was in favor of accepting Meridian Manor #3 as all single dwellings. Sale stated that the Council should set out those items that need to be worked out. ! ~ Meridian City Hall (6) January 15, 1979 Agenda 7 Vacation of Meridian Manor #2, Cont'd Williams inquired what effect tabling the request would have. Crookston stated they could table the request or take it under advisement and would not have to republish. Williams stated that some of the people present might like to meet with the developers and Engineering. Kingsford stated that they should be accessable to those that have questions. Sale pointed out anyone buying property in the Subdivision would know where the duplexes are to be located. Location of the duplexes were outlined. Williams stated that Sale could get with the people and bring it up at the February 5th meeting. Richard Potter stated that they needed to know what lots in #2 were slated for duplexes. Sale requested a contact person. It was decided he would work with Eric Gabrielson and Lester Travis. Agenda 8 Boy Scout Troop 121 had members present working on Citizenship and Community Merit Badges. Agenda 9 City Attorney Crookston stated that there has been no communication on a latecomers charge. Agenda 10 City Engineering Jim Coleman was present representing the City projects. He outlined the history of of Change Order #3 DVY Construction, Waste Water Treatment Plant. Warren Construction had requested $10,000 for laying block. The Change Order was negotiated to $2,070. The indicationsare DVY and Warren Construction will accept the Change Order. Coleman recommended approval of Change Order #3. Bodine moved to approve Change Order #3 DVY Construction, Waste Water Treatment Plant for $2,070, seconded by Williams. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. Crookston inquired if EPA in Seattle had been notified. Change Order #4, Waste Water Treatment Plant, is being developed at this time it will include the addition of clorine defusers, freeze proof yard, hydrants and refinements to the project. Additional items are butterfly valves through the yard piping, Electrical Work, sidewalk modifications, retaining wall and because they could not get natural gas to the facility, they are putting in a temporary propane system. He explained the system. The total is around $13,500. It will be in as a change order on February 5th, 1979. He transmitted a letter to the City (see evidence). Coleman recommended that the Council take the matter under advisement until DVY nears completion of the project. The Motion was made by Grant Kingsford and seconded by Marvin Bodine to take the time extention for DVY under advisement. Motion passed: Williams, yea; Bodine, yea; xingsford, yea; Glaisyer, yea. Gary Smith reported on Rodding Cleaning Machine. There are eight (8) locations with broken pipe. They have indicated by phone that the problems will be fixed but not by letter, when the weather permits. The City still has a substanial retainage from the contract plus the performance bond. This should be completed before the ground water comes up. Smith explained the process of bidding the project and who was contacted. _._ . __ City Hall ~ 10 Engineering, Cont'd Gary Smith presented the City an Engineering Review of Meridian Greens. He also stated that the City needs a time extention on the discharge permit. 11MU Clerks Report Joy announced an AIC Meeting will be held Friday January 19, 1979 at the City Hall The 304 Grant was discussed and the Councilmen Glaisyer and Kingsford, and Pat Joy will be on the selection committee. Joy will be the contract officer. Development Packet. The Council approved the format but the fees were not acted upon. Joy was instructed to get fee comparisonSfrom Nampa and Boise. The State Insurance Fund was discussed in relation to Workmen's Compensation. There seems to be a discrepancy in what the injury consisted of. Superintendent Stuart felt the employee hurt his back. Joy stated the City will be upgrading its safety program. Joy explained the situation on the vacation request for Primrose Subdivision. The County is going to claim the vacated land. 7 YOR cc: Mayor & Council; P&Z;Ann;Stuart;Schoen;Ward;J-U-B;Fitzgerald;Chief Green; Pat Joy;AIC;APA;ACHD;Central Health;Nampa-Meridian Irrig;Ada Commissioners; Ada Zoning Director; J-U-B;Franklin Square;Bethaven (Stucker;Cherry Manor (Babcock) Roto Rooter (Bown's k'. Franklin);Vacation Meridian Manor #2; DVY The Mayor explained to the Council that the Maleco proposal has been turned down. The area needs the business and he indicated he would be in contact with the County Commissioners. The Mayor announced there will be a bid opening January 17, 1979 at 4:30 in the City Hall on the piping in the park. The meeting stood adjourned at 9:40 P.M.