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HomeMy WebLinkAbout1992 12-15 )I- u_ ___~ AGENDA MERIDIAN CITY COUNCIL DECEMBER 15, 1992 ITEM: MINUTES OF THE PREVIOUS IvffiErING HELD DECEMBER 1, 1992: (APPROVED) 1 : PUBLIC HEARING: TRANSFER OF CONDITIONAL USE PERMIT AT OID IMTERMEDIATE SrnOOL FRCM ALIDJANI & BLAIR (FAMILY WORSHIP Cll'ITER) TO ALIDJANJ: & BARKLEY (APOS'IOLIC BIBLE CHURC:H): (APPROVED) - 2: PUBLIC HEARING: PRELIMINARY PIAT ON FAmvEST SUBDIVISION: (APPROVED) 3: PUBLIC HEARING: PRELIMINARY PIAT ON 1-84 BUSINESS PARK: (APPROVED) 4: APPROVE BEER, WINE & LIQUOR LICENSES REl.'JEWAI.S FOR 1993: (APPROVED) 5: D.L. JOHN"SON & BEST WESTERN CONCRErE, C~CEffi.JING PROPERTY AT 1580 WEST OVERLAND ROAD: (DISCUSSION HELD) 6: ADA COUNTY HIGHWAY DISTRICI': INTERsE:cTION AT EAST FIRST & MERIDIAN ROAD: (PRESENTATION GIVEN) 7: PATSY FEDRIZZI, MERIDIAN CEt'JTENNIAL: (PRESENTATION GIVEN - APPROVED) 8 : DEPAR'JMENT REPORTS: MERIDIAN CITY COUNCIL DECEMBER 15. 1992 The Regular Meeting of the Meridian City Council was called to order by Mayor Kingsford at 7:30 P.M.: Members Present: Yerrington: Ron Tolsma, Bob Giesler, Bob Corrie, Ma>< Others Present: D. Johnson, Vernon Barkley, Terry Little, Chuck Fuller, William Hon, Marty Goldsmith, Ronald Thomason, Scott Ellsworth, E. Dale Ownby, Frank Thomason, Patsy Fedrizzi, Jeff Fuller, Mark Agenbroad, Wayne Forrey, Gary Smith, Wayne Crookston, Bill Gordon, William Collins, Dave Roylance, Becky Bowcutt, Mae Alidjani: MINUTES OF THE PREVIOUS MEETING HELD DECEMBER 1, 1992: The Motion was made by Tolsma and seconded by Yerrington to approve the minutes of the previous meeting as written: Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: TRANSFER OF CONDITIONAL USE PERMIT AT OLD INTERMEDIATE SCHOOL FROM ALIDJANI & BLAIR (FAMILY WORSHIP CENTER) TO ALIDJANI & BARKLEY (APOSTOLIC BIBLE CHURCH): Kingsford: I will now open the Public Hearing is there a representative present who wishes to testify first? Mae Alidjani, 2023 Turnberry, was sworn by the attorney. Alidjani: I have a gentleman that would like to rent the cafeteria portion of the old school and also he has indicated to me that he does have intention of buying that particular piece of property. At this time all we are looking at is the Conditional Use Permit which is needed for that particular area for the church use. Also within that I have a question about the transfer of some kind of deed in case he's interested to buy. I'd be happy to answer any questions you may have. Giesler: Basically the use would be staying the same all around there would be no real change from what it was before. Alidjani: No. Giesler: There would still be plenty of parking and everything. Alidjani: Yes plenty of parking, there haven't been any changes at all. Giesler: The amount of people would be pretty much the same. MERIDIAN CITY COUNCIL DECEMBER 15, 19q2 PAGE 2 Alidjani: I do not know how many people are going to be there. The one conversation I had with Pastor Barkley, he was talking about 25-35 people. I have a letter from the School District stating they are completely moving out of that premises. He needs me to, in the future, remove the green barracks. Kingsford: Should that long time be a church and the buildings removed I think it would be appropriate that the parking lot be improved, paved and so forth. Alidjanil I have no answer at this time, I don't know what Mr. Barkley has in mind. Kingsford: Thank you. Anyone else to testify? Mark Agenbroad, 1871 Jericho Rd., was sworn by the attorney. Agenbroad: I'm a member of Valley Bible Fellowship and our only concern is the parking. We meet in the parking across the street at 211 E. Carlton and we have the parking lot and we use on street parking. That was our concern is having two churches meeting there at similar times but it sounds like they intend to use parking on the premises. Giesler: Your concerned about parking on the street itself? We couldn't guarantee that parking on the street would be used. Agenbroad: We weren't certain about the parking conditions. Kingsford: Thank you. Anyone else to testify? No response. I will close the public hearing. The Motion was made by Giesler and seconded by Tolsma to approve of the transfer of the Conditional Use Permit from Alidjani & Blair to Alidjani and Barkley. Motion Carried: All Yea: (DISCUSSION ABOUT SALE OF PROPERTY - SEE TAPE) MERIDIAN CITY COUNCIL DECEMBER 15, 19q2 PAGE 3 ITEM #2: PUBLIC HEARING: SUBDIVISION: PRELIMINARY PLAT ON FARWEST Kingsford: I will open the public hearing. representative present who wishes to testify? Is there a Dave Roylance, 4619 Emerald, Boise, was sworn by the attorney. Roylance: I'm a civil engineer representing the applicant. I've read the comments from the various agencies and the City of Meridian and find that we can comply with all the requirements. If you have any questions I'd be happy to answer them. Tolsma: The Fire Chief had a question on the fire hydrant at the end of the subdivision. The fire hydrants are four hundred feet 50 there is more than one. Roylance: I just guessed, I think I showed tWD on the preliminary but I realize that when it comes right down to it we will coordinate with the Fire Department of the e~act locations. Kingsford: It is my understanding that you stipulated some house sizes and the types of construction on certain lots. Roylance: Yes we did. At the Planning & Zoning Meeting there were some requirements that we agreed to in terms of square footage of the homes and where those lots would be and those homes would be on those lots. I forget the particulars but they are in the minutes of the Planning and Zoning meeting and we do intend to comply with those. As it stands, the configuration that you know have with the culdesac street going in and the culdesac curving and stubbing out to the east, with the culdesac at the eHtreme east end of the property that can be pushed through to their project. Further we have a stub out street to the west. Kingsford: When you say that can be pushed out to the east, have they agreed to that at all? Roylance: Yes that's the location that they show on their preliminary plat, this information was coordinated with Sportsman Pointe. MERIDIAN CITY COUNCIL DECEMBER 15, 1992 PAGE 4 Corri e: So the hundred and some length of feet? this culdesac is still the twelve Kingsford: Well it's not longer a culdesac because you have now a stub street and we're also looking at a straight going out to the east too. Roylance: I think the length of the culdesac would now be measured from the intersection of the stub out street going to the west because that can be a through street. Tolsma: So this culdesac will go back into Sportsman Pointe? Roylance: Yes it will. Giesler: So to understand this correctly that will continue into Sportsman's access then? Roylance: Yes. (Explained further) Giesler: I didn't think their preliminary plat was designed to be able to hook these two streets up. Kingsford: I think that's right but what Mr. Roylance is saying is that as of last week that they plan to do that in their final plat. Roylance: That's correct. Crookston: I think it would be appropriate to have a letter showing that agreement. Kingsford: that. I think any approval would need to be conditioned on Roylance: Are we required to provide separate pressurized irrigation system? Kingsford: Yes or contribute to the well fund. Anyone else to testify? No response. I will close the public hearing. Corrie: On this, since it will not be a culdesac, am I correct in saying that where this is stubbed out here that's where the length would start rather than the complete street. Kingsford: Right. MERIDIAN CITY COUNCIL DECEMBER 15, 1992 PAGE 5 The Motion was made by Tolsma and seconded by Corrie to approve the preliminary plat on Farwest Subdivision with the condition that the street connect to Sportsman Pointe Subdivision at such time Sportsman Pointe Subdivision roads are in the area to access this subdivision. Kingsford: Maybe amend that to require them to provide us with a letter stipulating that they have agreed to that. Original motion withdrawn and second withdrawn. The Motion was made by Tolsma and seconded by Corrie to approve the preliminary plat on Farwest Subdivision conditioned upon the Engineer providing the City with a letter from Sportsman Pointe stipulating to access to that subdivision as well as to agreeing to the provisions as outlined by Planning and Zoning. Motion Carried: All Yea: ITEM #3: PARK: PUBLIC HEARING: PRELIMINARY PLAT ON 1-84 BUSINESS Becky Bowcutt, the attorney. Briggs Engineering, 1111 S. Orchard, was sworn by Bowcutt: As you can see from the plat this is a 24 lot commercial subdivision. We have read through the comments of the City Engineer and we agree with them. He had a few questions which I will address. Item #6 concerning the drain pipes - we will be rerouting the drainage ditch that traverses the property and we will be piping that; Item #10 he had some questions concerning the services to lot b, 7 of block 1 and lots 15, 1& of Block 2 - we will be extending services to those lots, it's not indicated on the preliminary but we will be; Item #13 concerns fencing of lots 12-13, block 2 - the request was to provide some type of access through any fence that's put along that perimeter so that balls from the baseball diamond could be retrieved and I have talked to Mr. Hon and he's indicated he believes it's possible to put that in his protective covenants. The fences would be placed by whoever decides to purchase a lot and develop it for commercial purposes; Item #15 basically isn't a request or standard condition, it just makes a comment concerning the potential of expanding Storey Park and getting a secondary access to the park through the subject parcel. Mr. Hon has indicated that he may consider such request. MERIDIAN CITY COUNCIL DECEMBER 15, 19q2 PAGE 6 Tolsma: Hasn't there been a ditch road that goes down along that canal for right of way or access? Bowcutt: The water-ways that traverse that property do have - there is easements for those ditches. I don't believe they are right of ways. Any relocation of any of those ditches must be approved by Nampa Meridian Irrigation District and we do have to coordinate with them as far as transferring those easements or rights of ways and making sure everything is acceptable to them. Basically we will be dealing with them. Kingsford: Item #15 that Gary has brought up I think is an excellent one. I think it would be appropriate to have additional access there 50 we'd like very much to work to obtain that. Bowcutt: I recommend that you talk with Mr. Hon and see if you guys can work out some type of arrangement. Any other questions? Kingsford: Thank you. Anyone else to testify? No response. I will close the public hearing. The Motion was made by Corrie and seconded by Yerrington to approve the preliminary plat conditioned upon Item #15 of the City Engineer's comments be followed up with Mr. Hon to see that we get that second access into the park. Motion Carried: All Yea: ITEM #4: APPROVE BEER, WINE & LIQUOR LICENSES RENEWALS FOR 1993: Chief Gordon: All the applicants for renewals on beer, wine and liquor licenses in the City of Meridian have met the requirements with the exception of one establishment and that is the Jilt Happens Tavern". I would ask that that be set aside until they meet the requirements of the City of Meridian. Clerk Niemann: I also have two that haven't paid. The Motion was made by Yerrington and seconded by Corrie to approve renewal of Beer, Wine and Liquor Licenses and to set aside the one for nIt Happens" and to require payment prior to approval. Motion Carried: All Yea: MERIDIAN CITY COUNCIL DECEMBER 15, 1992 PAGE 7 ITEM #5: D.L. JOHNSON & BEST WESTERN CONCRETE, PROPERTY AT 1580 WEST OVERLAND ROAD: CONCERNING Johnson: How many of you have been out there to eyeball the situation? Last time I was here I was asked what would make me happy. Instead of making me happy, I would just as soon take complete text to Meridian's present Zoning Ordinances for compliance with other industries of like nature, like Western Equipment, Arnold Machinery, Coca Cola, Intermountain Equipment, that Animal Hospital, all landscaped, all set back, all quiet. You get back to Western States Equipment Co., they do have equipment up on the road but it's brand new, attractive looking machinery. In order to get to that go to Page 4 where it just basically sums it up under Provision II -413C, 300' set back, reasonable noise abatement at all times and not from six o'clock in the morning until sunset. (Further E~planation Given - See tape) - Wants complete compliance with Ordinances. Kingsford: I think there's no question but what you have every right to e~pect that and I would recommend to the Council that they pursue that immediately through legal channels if necessary to make them comply. Johnson: How long will this procedure take? Kingsford: We've been in court on some things and I'll tell you I can't make any guarantees there but we will be pursuing it from this moment. Johnson: We can e~pect to pull his ticket until he's complied? Kingsford: Whatever we can legally do. to make any comments on that? Counselor would you like Crookston: Certainly we would encourage Best Western to cooperate. I believe that their Counsel is here, he wanted to address the City Council. As far as time Johnson: He's had seven months out there to do something already. Crookston: Well the City hasn't had seven months I'm afraid. Johnson: Well did he sneak in on you? MERIDIAN CITY COUNCIL DECEMBER 15, 1992 PAGE 8 Crookston: Not to my knowledge, I can't address that but the first thing we would do is to ask for cooperation and see if we can get it. If we can't get what's required by Ordinances then we have to file suit and that is a long process. Kingsford: If their legal Counsel would like to address the Council we'd certainly hear that at this point. Bill COllins, 733 N. 7th, Boise, I represent Best Western Concrete Products. As I followed the previous comments, they wanted some luxury scheduled business hours, I don't know where that is appearing in the Ordinances, I may be wrong on that. Dust control, we don't think we've caused any more dust than any farmer would cause plowing his fields. As far as junk vehicles are concerned, there are facing the Overland Road there is a flatbed Chev. pickup, it' 5 not junked it is operable the only problem is is it doesn't have a hood. There's a car that had been sold to one of the former employees that has two tires that are flat that's operable other than the tires. There is one windmill that is laying down and it is facing Overland. As far as livestock is concerned, it is our understanding that livestock had been pastured on this property prior to the adoption of the zoning ordinances and it has just simply been continued. The adjoining property has been pastured by Mr. Hitt for a number of years. (Further Explanation - See tape) Would like to do what is right. In looking at screening I think a 6' high obstruction would probably work. We would be willing to do something like that. As far as landscaping is concerned, it didn't appear to us in the Ordinance that a landscaping requirement was imposed in a 20ning area of this nature. Some portion of the property could not be fenced along Overland in order to get ingress and egress to the property. As far as dust control my client has put down about 400 cubic yards of gravel at this point trying to control that. Do you have any questions of us? Yerrington: What hours of the day do you normally operate out there? Collins: Typically in the summer it is from eight to five, however in the summer when they get a lot of orders in it will start earlier and quite later depending upon the sunlight. Tolsma: property? Is there anybody living in those trailers on the Collins: There is a caretaker in one of the trailers because of the prior acts of vandalism. MERIDIAN CITY COUNCIL DECEMBER 15, 1992 PAGE 9 Tolsma: I believe that's in violation of the Ordinance too. Collins: It may be to have someone living there. Tolsma: Are they hooked on to sanitary sewer? Collins: There's no sewer out there. Lohr: We've been threatened and by having someone living there we are trying to protect our livelihood. I've got no problem with complying. We are going to comply one time only. Kingsford: I would suggest that one or two members of the Council agree to sit down with the owner, legal counsel, and one or two of the members from the affected neighborhood and work out a settlement. Lohr: In the summer we work long hours. Kingsford: Mr. Tolsma has agreed to do this. The issue of the livestock we need to resolve too. If they have been there continuously then grandfather rights would apply, I don't think that they have been. Lohr: Oh yes they have, there's never been a time since we've owned it that something wasn't there. Kingsford: I mean between the time that you bought it and the time that we zoned it there have been times that there's not been livestock there. We'll get that group put together and that's one of the things you will need to remedy as well. Lohr: One other thing I'd like to bring up, we took about a twenty minute tour of the City of Meridian just part of it and other than the new equipment businesses up on Overland, nothing is (in-audible) - Businesses that have a lot more equipment and lots more noise, lots more dust than us are not screened from residential buildings. I'm having a little bit of trouble understanding that. We want to comply but I think there's a little bit of selective enforcement. I want you to understand that we know that we have a lot of businesses out there that are a lot further from complying than we are. (Further Discussion - see tape) MERIDIAN CITY COUNCIL DECEMBER 15, 1992 PAGE 10 ITEM #&: ADA COUNTY HIGHWAY DISTRICT: FIRST & MERIDIAN ROAD: INTERSECTION AT EAST Terry Little, ACHD Traffic Manager: We had three alternatives before on the proposed improvements to the intersection of East 1st, Meridian Road, and Waltman Lane. We have had a public meeting and we've met with your Council once before on it and ewplained what some of the considerations were. We put together the public input and looked more closely at some of the technical issues refining what was the preferred alternative from the last three. Walt Morrow had brought back from your Council another idea to consider and we've taken that to a technical analysis and some considerations on that and it's those two that I want to present to you tonight. We also have the open house meeting planned in two days here at City Hall to meet with the public and go over these concepts and get public input again. We do have an interim plan to go with the long range plan. I'll have Scott Ellsworth from CH2M Hill present those to you tonight. Scott Ellsworth: We have gone back through and revised and reanalyzed everything. Kingsford: Did you take into consideration the outlet mall that is to be going in there? Ellsworth: That was already in the original count. We did add the Law Enforcement Complex in this time. Of the three alternative we have looked and analyzed and we came up with a concept report and of that the preferred alternative there was alternative #2 which consisted of a second intersection to the north of Corporate. After that we took a lot of the comments from the public and the Council and we have come up with two other alternatives. We are calling them alternative four and five. Presented drawing and gave explanation of alternative four and five. The existing intersection would just be a IITn intersection with Central but there would not be a connection to Meridian. Corporate Drive would actually be extended to Meridian and we're showing here as either this is a collector coming from the subdivision area over here, it will either be as we're proposing a possible A or B option here where that might be. It would connect in with Meridian and actually end up over here at this Corporate Drive intersection. With that, the traffic numbers have come up to be pretty substantial numbers. (E~plained Further - See Tape) - MERIDIAN CITY COUNCIL DECEMBER 15, lq92 PAGE 11 Kingsford: Do those two scenario's preclude access Kentucky Fried Chicken from First Street then? If they what is the traffic going to be across their parking lot? to like do not Ellsworth: Currently Kentucky Fried has access from Meridian and to get to Kentucky Fried from East 1st, you'd have to get off of East First and Corporate and drive down a frontage road basically to get there. Most of these ideas would not change the access to E. First for Kentucky Fried. Kingsford: Any comments from the Council. Eng. Smith: Are these actually feasible from the standpoint of obtaining the right of way? Ellsworth: A lot of public comment that we got when we were doing these we were showing all these things going through to the storage and so on, I'm not sure how obtainable that is. We kind of went back and looked at those to try to avoid some of those heavily developed - this parcel here is currently for sale. Giesler: I'm curious to what the response was from the business people at the end of Meridian Road if you did block that off? Ellsworth: I'm not sure whether we had comments from the storage facility but Redlin Photo they were definitely, they did not care for that. They were basically saying they were not in favor of any improvements. I think their real reason there was they wanted the drive by kind of business. (Discussion - See Tape) Kingsford: I think we need to signalize Franklin. Ellsworth: Do you want me to present this Thursday as City Council recommended? Kingsford: Yes that's fine. We're talking a combination, correct. Thanks very much for coming out. Ellsworth: I'm not prepared tonight to throw out a strategic plan to accomplish this but we want to do something for safety right away but we want it to fit in with the ultimate plan. We'll have to re-think that with respect to Franklin Road. (Further on signalization - see tape) ( MERIDIAN CITY COUNCIL DECEMBER 15, 1992 PAGE 12 ITEM #7: PATSY FEDRIZZI, MERIDIAN CENTENNIAL: Patsy Fedrizzi: Presented Council with a hand out of scheduled events for Centennial. What I'm looking for here is some guidance from you. The Mayor and I met a few months ago when we were talking about what we were going to do for the Centennial and one of the things that was included in that is the decoration of City Hall for the Centennial. However, when he and I talked about it we thought it would be better to have something that would have some longevity to it and would just be tastefully done and that could last for many years. Explained cover letter presented to Council. Walt Morrow has agreed to build a display case to be put outside in the entry way of City Hall to the left of the Chambers. Also have donated labor for the glass and the mirror for this case. Then as you go into the offices on the right, we wanted to put a grandfather clock. Jim Ryan has agreed to build us a grandfather clock and donate that and we would just have to pay shipping to get it here. It would be a couple hundred dollars for that. So what I've attached on the second page is a wish list for City Hall. There would be a padded bench in the entry way and framed historical black and white photo's that would go on the walls down the hallway. Then in the back of the Council Chambers here if you can envision there would be sofa tables, a winged back chair on either side with some silk trees and greens to warm it up a little bit. In the hallway, it just a couple of places, putting some carpeting and rugs down. Then the Mayor's pictures hung. Explained murial to be placed behind Council on the wall. Our deadline to have all this done, if you approve it is March 30, 1993. Kingsford: program. I would recommend that we go ahead and endorse this Fedrizzi: The pop machine should be moved. Kingsford: Almost everyone that buys pop from that are people that go into the licensing department. I wonder if we couldn't put it in the licensing department. <Discussion - see tape) t , MERIDIAN CITY COUNCIL DECEMBER 15, 1992 PAGE 13 Fedrizzi: This says, ask the City Council to authorize applying for a tree grant which we are going to work on Thursday morning and the deadline is Friday morning, subject to approval by the committee. The Motion was made by Corrie and seconded by Giesler to apply for the tree grant. Motion Carried: All Yea: The Motion was made by Corrie and seconded by Yerrington to approve Patsy's presentation. Motion Carried: All Yea: ITEM #8: DEPARTMENT REPORTS: Walt Morrow: We are having our annual Transportation Meeting on January 11, 1993 at 7:00. Kingsford: Thank you. Wayne Forrey: I have two items. The hearing Patsy talked about the Capital Improvement Budget it made me kind of mad about the letter you received from the Department of Commerce, the Planning Grant. Meridian is the fastest growing City in Idaho, those grants are oriented to high growth communities and the State sends back a letter and says well you've got planning capability in the community. They assumed, erroneously I believe, because you are growing so fast, the State assumed that one person couldn't handle it which is really a compliment to Jack. Also they assumed that APA was here providing a lot of assistance. I spoke to the State and clarified that there was just the City Clerk and Zoning Administrator which was one person and that APA was really just doing Transportation Planning only, Jan was a little embarrassed and felt that if the Mayor and Council wanted to clarify we' 11 take another look at it. If that planning grant was issued it might free up a little money that you've set aside for planning and perhaps you could shift it into your capital improvement fund to help the Centennial effort. Just a thought. Kingsford: If you would maybe help us a letter to send to them. ; t MERIDIAN CITY COUNCIL DECEMBER 15, 1992 PAGE 14 For~ay: Second issue, I have talked with Ma~ Boesiger and several property owners out on Monaco Way regarding that ditch. We have developed a letter and a petition and your welcome to read it. If you approve of this letter and petition I think we should get that out. I've got a couple of ladies that will go door to door with that petition. We've given them a deadline here of January 4, 1992. The Motion was made by Yerrington and seconded by Corrie to authorize the Mayor to review the draft letter and petition on a LID for the ditch. Motion Carried: All Yea: Yerrington: I was told tonight that Mr. anniversary tonight. Corrie has a wedding Corrie: Thank you, thirty five years today. The Motion was made by Corrie and seconded by Tolsma to adjourn at 9: 15 P. M. : Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~~~ T P. KINGSFO D, Y R ATTEST: December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council Thank you for the letter dated December 1, 1992 from City Attorney Wayne G. Crookston, Jr. responding to the questions raised in my letter dated November 4, 1992 concerning the property located at 1580 W. Overland Road, Meridian. However, the information provided in Mr. Crookston's letter reinforces the fact that Western Concrete Products is not in compliance with a variety of ordinances as set forth by the city of Meridian. It is this non-compliance that we object to and the lack of any action on the City's part to rectify the situation. We objected to the property being annexed and rezoned Light Industrial in 1980 (to no avail) for reasons that are obvious today - a noisy, dirty industry moved onto the property that not only negatively affects the quality of life we have enjoyed for over 20 years, but adversely impacts our property values. Under the definition of tllndustrialU as defined at 11-2-403 B, the raising of livestock is excluded. The Overland Road side of this property is used for the manufacture of concrete products, while the Freeway side of the property is used for horse/mule pasture. Additionally, a section of Linder Road has been fenced off and is now included in this pasture area. Is this allowable under the Industrial zoning? While we certainly realize that the City of Meridian cannot dictate business hours, under 2-413 B 1 c. PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES l~oise: Objectionable noise vlhich is due to volume, frequency, or beat shall be muffled or otherwise controlled. It is certainly not within acceptable limits for neighboring residents to be subjected to continuous excessive noise from hammering (metal on metal), heavy machinery, ready-mix trucks, flat bed trucks, fork lifts, loaders, etc. beginning as early as 6:00 a.m. in the summer months and continuing through until nightfall (as late as 9:30 p.m. during the summer). Is it not reasonable to expect that such noise be muffled or otherwise controlled - at least during those early morning and late evening hours? Page 1 December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council 2-413 B 1 e. PROVISIONS FOR COI111ERCIAL AND INDUSTRIAL USES - Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Health Authorities: Since we were not provided with the requirements and regulations established by the Health Authorities, vle can only raise an objection to the excessive dust generated by the activities of Best Western Concrete, which made it impossible to open windows or enjoy outdoor activities this past summer. Shouldn't an effort to reduce dust pollution be made by the owners of the property - i.e. paving of the work area or at the very least continuous watering? Mr. Crookston's letter indicated that although the land use is not as a contractor's yard as defined by the Ordinance, Section 11-2- 413 C. 6, relating to contractor's yards provides some guidance for c ri te ria \vh ich obv i ous 1 y has not been me t by Be st ~ie ste rn Concrete Products, as follows: 1. "It requires that the yard be located 300 feet from any residence and a screening fence.tI Inspection of the property in question will show you that the manufacture of concrete products is done haphazardously all over the property and this activity is not only being conducted within 300 feet of a residence, but is certainly not screened from vie\v. What is being done to enforce this ordinance? 2. " Additionally, subsection 12 of that section relating to outdoor storage of commercial and industrial materials also provides guidance. It requires that it be screened from view from adjoining residences or residentially zoned property." Again, inspection of the property in question will show you that the concrete product being manufactured is stacked haphazardly around the property, specifically along Overland Road directly in front of our home and is NOT screened from view. Again, what is being done? Page 2 December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council 3. "Additionally, if Best Western erects a structure or building, it will be required to meet the off-street parking and loading provisions of the zoning ordinance. Some of the requirements of this ordinance require paving, landscaping, lighting and screening." Best \1estern Concrete Products has erected t'tV'o buildings, neither of which has any paved areas, landscaping, lighting or screening. Why no compliance? Another issue vlould be parts of junked vehicles \vhich are beginning to accumulate on the property - currently a pickup box has been dumped on the Linder Road right-of-way, another pickup was hauled in by flat bed and towed to the crest of the hill on the property where it remains today, two rusty vlindmills are laying on the ground in front of the office building next to Overland Road - none of which is screened from view. Is this property now to~signated a junkyard? j\ l-fr. Crookston's letter stated that "It is not permissible to live on industrial zoned property. If there are employees or residents actually living there the City will attempt to ascertain that and take appropriate action". Since, we know for a fact (through daily personal observation) that people were living on the property in two travel trailers located at the crest of the hill near the pump house on this property adjacent to Linder Road up until the time l'-fr. Crookston sent a copy of his December 1st reply to us to Best vIe s te rn, ~'lhat If appropri ate ac t ion If has the City taken in th is regard? (A light in one of the trailers was again observed early Saturday morning, December 12, 1992.) Mr. Crookston's letter also stated that there has been some contact between Mr. Jack Niemann, Best Western, Best Western's attorney and Mr. Crookston 1 inc 1 ud ing a demand let te r f rom the C i t Y C oune i 1 regarding the property. During this exchange, Best Western indicated they wanted to do something about screening the area but vlanted to knOt"l \\That was going to satisfy the property Ovlners namely us. Page 3 ',. t ( December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council Obviously vlhat tvould satisfy us, as property o\Vners, is total compliance with ALL Meridian City Ordinances so that our property values and quali ty of life are not adversely impacted. For example: The 300 foot distance from residences and screening requirement for a contractor's yard, both for the manufacturing of the concrete products and storage of finished inventory. Re asonab Ie no i se abatement at all time s , but spec i f i call y during early morning (6:00 a.m.) and evening (after 6:00 p.m.) family hours. Control of dust at all times. Paving, landscaping, screening and removal of junked vehicles, ~vindmi 11 S 0 r any othe r non -e s senti al debr is to make the property an attractive and desirable neighbor. Compliance with Industrial Ordinances pertaining to people living on the property and the raising of livestock. Compliance with ALL Meridian City Ordinances, whether addressed in this letter, previous letters, future letters, past or future phone calls f previous or future personal contact. Western Equipment Company, Arnold Machinery, the Baptist Church, Coca Cola, Intermountain Equipment and Internmountain Animal Hospital are all clean, quiet and attractive commercial endeavors. We ask only that Best Western Concrete Products meet the standards set by these companies. 1cJ)</~~ D. L. Johnson 1435 W. Overland Road Meridian, Idaho 83642 888-3707 Page 4 December 1, 1992 Mr. Jack Niemann, City Clerk City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Dear Mr. Niemann: I would like the opportunity to address the City Council at its next meeting on Tuesday, December 15, 1992, concerning the property located at 1580 West Overland Road, Meridian, Idaho. Thank ~you .~/,. L/ /~ ~/ .b7~~.- ...~~ D. L. ohnson 1435 W. Overland Road Meridian, Idaho 83642 Ph. 888-3707 WESTBERG, McCABE & COLLINS CHARTERED ATTORNEYS & COUNSELORS AT LAW 733 NORTH SEVENTH STREET P.O. BOX 2836 BOISE, IDAHO 83701-2836 PAUL L. WESTBERG THOMAS J. McCABE WILLIAM D. COLLINS December 9, 1992 ~ ~j ~~ \ \0 , l'V\ FAX (208) 33&2121 TELEPHONE (208) 33&5200 Mr. Jack Niemann City Clerk city of Meridian 33 East Idaho Meridian, ID 83642 Dear Mr. Niemann: As you know, I represent Best Western Concrete Products, Inc. My client owns land between Overland Road and the Interstate at 1580 Overland Road. It is my understanding that Mr. Johnson and Mr. Andrews who own property at 1435 and 1575 Overland, respectively, have asked to appear before the city Council this coming Tuesday, December 15, 1992, regarding complaints they have with respect to my client's use of its property. I would like you to place some time on the City Council's agenda for that same day for me to appear along with a representative of my client regarding those complaints. Very truly yours, G, McCABE & COLLINS, Ctd. ~. william D. Collins WDC/ml cc Best Western Concrete Products, Inc. Wayne Crookston, Jr. r / ! I / AMBROSE, FITZGERALD & CROOKSTON AT'rORNEYS ^ND C()UNSELORS A']' LAW GRANT L. AMBROSE (1915-]968) JOliN O. FITZGERALD, PA. WAYNE O. CHOOK..C;-IDN, JR.. PA. WII.IJAM J. SCIIWAR'I-Z JOliN O. FfrzGERALD II., P A. TELEPHONE (208) 888-4461 FACSIMILE (208) 888-3969 1530 WEST SI'^TE - P.O. BOX 427 / c,IV\ \ (j! ~d\) ~ TillS FIUM INCI,ll/)f:'.f) rnOFESSIONAI, COnpOUA110NS December 1, 1992 D. L. Johnson 1435 W. Overland Road Meridian, Idaho 83642 rnr_~,J~6~ ;Ja~ ~~kt _ ~ 1~ O~ Go w~ f!- (/~ AcrvAi l') otV Oee~ Il{f~ Dennis K. Andrews 1575 W. Overland Road Meridian, Road 83642 Re: Best Western Concrete Products Dear Mr. Johnson and Mr. Andrews: Pursuant to the direction of the Meridian City Council made Tuesday, November 17, 1992, this letter is written in my capacity as Meridian City attorney to respond to your letter dated November 4, 1992. I will address your questions as numbered in the letter. 1. The answer to your question numbered one is: Yes, it 15 correct. The property is zoned (I.L.) Light Industrial and was so zoned at the time of annexation of the property in 1980. There is no requirement under the ordinances of the City of Meridian to notify adjacent property owners within 300 feet of the start-up of a business. Property owners within 300 feet of the parcel were notified of the annexation and zoning when it was being processed. The City records reflect that Mr. Johnson appeared at both the Planning and Zoning Commission hearing and the hearing before the City Council when the annexation was being considered. The City records also reflect that a statement was given that Dennis Andrews also apposed the annexation. The records do not reflect whether that statement was made by you, Mr. Andrews, or just on your behalf. 2. "Industrial" is defined at 11-2-403 B. as follows: "The manufacture, processing and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, or the raising of livestock, or the extraction or severance of raw materials from the land being classified, but it does include activities incidental thereto." The property is zoned as Light Industrial which is defined in 11-2-408 B. 12 as follows: (I-L) Light Industrial: The purpose of the (I-L) District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet, and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. It is important to note that under the listing of Industrial in 11-2-409 C, which lists the permitted uses in the Industrial District, asphalt and concrete uses and businesses are permitted uses in the Industrial District. Since the listed uses are more definitive than the general guide line set forth under Light Industrial it would control. It is of concern that the listed permitted uses may involve uses that do not fall neatly under the Light Industrial guideline as noted in 11-2-408 B. 12. They are, however, permitted uses and must be allowed so long as they meet the other ordinance requirements. The criteria that they must follow is that they must generally meet the ordinances of the City of Meridian. In regard to the specifics of certain commercial and industrial uses they are generally guided by 11-2-413 B. Under that section it states in part as follows: It. . . any use permitted by this ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits " The section goes on to list performance requirements. I have enclosed a copy of these provisions for your information. While the use of the land by Best Western Concrete Products is not a contractor's yard as defined by the Ordinance, Section 11- 2-413 C. 6., relating to contractor's yards provides some guidance for criteria. It requires the yard be located 300 feet from any residence and a screening fence. Additionally, subsection 12 of that section relating to outdoor storage of commercial and industrial materials also provides guidance. It requires that it be screened from view from adjoining residences or residentially zoned property. Additionally, if Best Western erects a structure or building, it will be required to meet the off-street parking and loading provisions of the zoning ordinance. Some of the requirements of this ordinance require paving, landscaping, lighting and screening. 3. It 18 the policy of the City of Meridian that any resident, commercial or industrial use must meet the requirements of the Meridian Ordinances regardless of who is effected by the failure to meet those ordinances. It would not matter if you were in the city limits or outside of the city limits. The fact that you are in the area of impact is not determinative of whether a business inside the city limits must meet the ordinances. Regarding whether you have the right to express your concerns prior to zoning or start up of business, you definitely have that right prior to zoning. You, or a representative, did appear at the hearings held on the annexation and zoning of the property. Under the Meridian Ordinances you are not required to be notified of the start up of a business. This is the case if you were in, and a resident of, the city limits. 4. Generally a proposed business is not required to submit architect~ral drawings or a prospectus showing intent to comply with ,zonlng rules and regulations if the property where the business is to locate is zoned for that type of business. If they had provided such information to the city if would be public information. I am not aware that any such documents exist at the City Hall. Regarding building permits, a new business is not required to obtain a building permit unless they are going to construct a building or place one on the property. I have called the building inspector and he has informed me that Best Western Concrete Products has obtained the necessary building and foundation permits for the construction that it has undertaken on the property. 5. It is not permissible to live on industrial zoned property. If there are employees or residents actually living there the City will attempt to ascertain that and take appropriate action. ) 6. The provisions of Section 11-2-413 B. which I have enclosed answer the questions that you have raised in question number 6 to a certain extent. other than these provision there is no restriction on the hours of operation if the business is meeting ~ If- f \ the requirements of section 11-2-413 B. 7. To the City of Meridian I s knowledge, there was no environmental impact study done on this business prior to commencement of business. The ordinances of the City do not require such a study to be completed. If there is a water quality problem this would be addressed by the Department of Water Resources or the Department of Health and Welfare. 8 . Jack Niemann, the Zoning Administrator, did send a letter to Sam Lohr of Best Western Concrete Products on September 2, 1992. Mr. Niemann was contacted by the attorney for Best Western, William Collins, and they had at least one discussion regarding the property. There apparently was a misunderstanding as to who was supposed to get back to who. In any even no action was noted on behalf of Best Western and the Ci ty Council had me send Best Western a demand letter, which I did. I received a telephone call from Mr. Williams and we discussed the situation. He indicated to me that he understood that Best Western wanted to do something about screening the area but desired to know what was going to satisfy the property owners. That is why I asked you the questions I did at the last City Council meeting regarding what you felt would solve the situation. To date I have not had a subsequent discussion with Mr. Williams because it has not been determined what is the best way to resolve your concerns. The city is very much interested in seeing that its ordinances are complied with and will endeavor to work with you and Best Western Concrete Products to see that the ordinances are complied with. I am forwarding a copy of this letter to Willianl Collins, Best Western Concrete Products attorney so that he is also aware of my comments and some of the ordinance requirements. Very truly yours, ~a;r:~~KS~ City Attorney, City of Meridian WGC:mks Enclosures pc: William Collins Jack Niemann, Zoning Administrator