HomeMy WebLinkAbout1983 12-19.•a ~ ~ , ~
MERIDIAN CITY COUNCIL
December 19, 1983
A G E N D A
ITEM:
Minutes of previous meeting held 12-5-83 APPROVED
1. PUBLIC HEARING: Conditional Use Permit - Beauty Salon
Janet Deppe - 129 E. Pine
Findings of Facts & Conclusions APPROVED
Conditional Use Permit APPROVED
2. PUBLIC HEARING: Sunnybrook Farms Phase #3
Variance - Final Plat & Sq. Footage
Findings of Facts & Conclusions APPROVED
Variance Request APPROVED
3. Audit Report Fiscal Year Ending September 30, 1983 APPROVED
Prepared by Fox & Co.
4. Ordinance No. 428 APPROVED
5. Department Reports
(A) Kenny W.Bowers appointed as Fire Chief APPROVED
(B) Announcement of next meeting January 3, 1983
December 19
Regular meeting of the Meridian City Council called to order by Mayor Glaisyer
at 7:30 p. m.
Council Members Present: Grant P. Kingsford; Ron Tolsma; Rick Orton Jr.; Bill Brewer;
Others Present: Doug Nichols; Bruce Stuart; Vern Schoen; Kenny W. Bowers; Steve
Gratton; R.C. Spencer; Earl Ward; Max Boesiger; Gary Smith;
Robert Giesler; Bert Myers; Wayne Crookston; Jack Niemann;
Minutes of the previous meeting held on December 5, 1983 were approved as written.
Item
1 PUBLIC HEARING:COndtional Use Permit - Janet Deppe for Beauty Salon
Mayor Glaisyer opened the Public Hearing.
Council Member Kingsford questioned the comment made by ACRD concerning the repair
and replacement of all damaged sidewalks.
Council Member Brewer explained that this is a standard comment by ACRD, that the
sidewalks in this area were not a problem.
There was no public testimony.
Mayor Glaisyer closed the Public Hearing.
The Motion was made by Orton and seconded by Kingsford to approve of the Findings
of Pact and Conclusions of Law concerning the request for Conditional Use Permit
by Janet Deppe, 129 E. Pine, to operate a Beauty Salon.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea;
The Motion was made by Brewer and seconded by Kingsford to grant the request for
Conditional Use Permit to Janet Deppe, 129 E. Pine, to operate a Beauty Salon,
providing that all conditions set by Planning & Zoning are met.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton yea; Brewer, yea;
Item
2 PUBLIC HEARING: Sunnybrook Farms Phase #3
Variance, Final Plat & Square Footage Designation
Mayor Glaisyer opened the Public Hearing.
Mr. Max Boesiger, representing the request, told the Council that Phase #3 will
be much the same as the development has been in the past.
City Building Inspector Vernon Schoen said that the request meets all requirements.
City Engineer Gary Smith told the Council that all his comments had been outlined
in his letter of December 16, 1983. (On file with these minutes)
There were no other comments from the Department Heads.
Council Member Brewer said that he is glad to see Mr. Boesiger "back in action",
that he is a quality builder in the community.
There was no public comment.
Mayor Glaisyer closed the Public Hearing.
The Motion was made by Orton and seconded by Kingsford to approve of the Findings
of Pact and Conclusions of Law regarding therequest by Sunnybrook Phase #3.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer yea;
The Motion was made by Kingsford and seconded by Brewer to approve the request for
Sunnybrook Phase #3, providing that the developer meet the requirements of the
City Engineer as outlined in his letter of December 16, 1983, and developer meet
the requirements as presented by the Planning & zoning Commission.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea;
Meridian City Council 2. December 19, 1983
2tem
3 Approval of Audit Report Fiscal Year Ending September 30, 1983
Prepared by Fox & Company
Mayor Glaisyer cited two corrections in the audit report:
(1) Page 18, Paragraph 4,"Total contribution made on behalf of City Employees
for the year ended September 30, 1983, was $25,748.; figure should read
$67,178.
(2) Introduction page to Audit of Park Grant No. 16-00260, Paragraph 2,
"Meridian City Park project #16-00260 as of December 31, 1979", date
should be June 30, 1980.
There were no questions concerning the audit.
The Motion was made by Kingsford and seconded by Tolsma to approve of the City
of Meridian Audit for Fiscal Year Ending September 30, 1983, and .the City of
Meridian Park Grant No. 16-00260 Audit, prepared by Fox & Compay with corrections
as outlined by Mayor Glaisyer.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer yea;
Orton reported that also his middle initial was listed incorrectly.
Council Member Kingsford publicaly commended City Clerk, Jack Niemann, for his
efforts on the audit. The audit went very quickly and very smoothly, Kingsford
said.
Item
4 Ordinance No. 428
Mayor Glaisyer read: "AN ORDINANCE AMENDING CHAPTER 2, TITLE 3, BEER SALE AND
REGULATION, REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY,
SPECIFICALLY SECTION 3-204, 3-210, and 3-212, TO BE. EFFECTIVE UPON APPROVAL HEREOF."
City Attorney, Wayne Crookston explained that there has beena legislature change
in requirements and procedure for the granting and renewal of beer licenses.
Crookston said that our existing ordinance is "much the .same" to what is :now required
except for the requirement of keeping a verbatum record of-meeting where any
beer licensing is discussed. Crookston said that this is an admendment to our
existing ordinance.
Mayor Glaisyer: "IS there anyone present that wishes Ordinance #428 read in its
entirety?"
There was no response.
The Motion was made by Kingsford and seconded by Brewer that the rules and provisions
of 50-9002 and all rules and provisions requiring that Ordinances be read on three
different days be dispensed with and that Ordinance Number 428 as read be passed
and approved.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer yea;
Item
5 Department Reports
Council Member Ronald Tolsma reported that:KennyBOwers-hadaccepted the position of
City/Rural Fire Chief. Tolsma said that $dStiLers' acceptance had been approved by the
Rural Fire 'Commissioners. Tolsma said that he would like approval from the Council.
Motion madebg Tolsma secondedby Brewer,.. Kenny W. Bowers be appointed as City/
Rural Fire Chief.'
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer,yea;
(APPLAUSE)
ridian Ci
December
City Clerk Jack Niemann announced that due to the holiday on January 2, 1984, the
next meeting of the Meridian City Council would be held Tuesday, January 3, 1984.
Being there no other business to come before the Council .
The Motion was made by Kingsford and seconded by Brewer to adjourn at 7:50 p.m.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer,yea;
ATTEST:
pc. Mayor & Council (5)
P&Z Comm. (6)
Schoen; Ward; Stuart;
Atty; JUB; Police;
Fire; Kiebert; Hein;
Valley News; Statesman;
PressTribuhe;
ACRD; APA; ACC;.
AZD; NMID; CDH;
File: Deppe
Sunnybrook #3
Mail: Deppe
Sunnybrook #3 (Boesiger)
Fox & Co. (Audit)
OF MERIDIAN, ID
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BEFORE THE b1ERIDIAN PLANNING
AND ZONING COD9MISSION
VARII~NCE REQUEST FOR SUNNY
BROOK FARMS NO. 3
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter came on for hearing on blovember 14,
1983, at the hour of 7:30 o'clock p.m., the petitioner, Max Boesiger
appearing in person, the Planning and Zoning Commission having duly
considered the evidence and the existing conditions makes the
following Findings of Fact and Conclusions:
1. That Sunny Brook Farms No. 3 Subdivision is located in
the City of Meridian;
2. That the preliminary plat approval was given to the
Subdivision in 1978;
3. That request for final plat was made in October, 1983;
4. That City Ordinance Section 9-609 requires that not more
than two years may elapse from the time preliminary plat approval
is given until final approval is requested;
5. That more than two years elapsed since Sunny Brook Farms
No. 3 received its preliminary plat approval until final plat
approval was requested;
6. That economic conditions in the area have caused a
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severe reduction in the need for additional housing and, thereby,
development of residential subdivisions has not been feasible.
•
CONCLUSIONS
1. That it would cause an economic hardship on the petitioner
to require him to ao through the entire platting process;
2. That the purposes of the two-year requirement from
preliminary plat approval to final plat approval will not be defeat-
ed by granting a variance to the requirement in cases such as this
as were caused by the general economic downturn which occurred from
1979 to 1983;
3. That the City has authority to grant variances to its
Ordinances and, specifically, to grant variances pursuant to
67-6516, Idaho Code;
4. That the granting of this variance is not in conflict with
public interest and the denial of the variance would work a hard-
ship on the petitioner.
RECOMMENDATION
The Planning and Zoning Commission hereby recomments to the
City Council that Petitioner's application for a variance from
Ordinance Section 9-609 be granted.
DATED this day of , 1983.
AMBR06E,
PIRGERALD
B CROONBiON
AtiwMye enE
Couneelon
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These Findings of Fact and
Conclusions were
on a vote of Yea Nea
Robert Spencer, Chairman
Marnell Chenowith
Robert Geisler
Poo Alidj ni
Jim Johnson
Walt Morrow
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FITZOERALD
6 CROOKSTON
Atlom~y! ~M
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• • KUB OF TREASURE VALLEI' • •
A Good Place to Ilve
~ OFFICIALS
CITY
OF MERIDIAN COUNCILMEN
KINOBFORO
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JACK NIEMANN, CKy C4M1 . .
BILL BREWER
A. M. KIEBERT,Trwww
RICNARD D. NICNOLB, CKMIW FW10p 7l8 Meridian .Street RICNARD F. ORTON.JR.
sRUCE o. 8TUART, Wn«WOnu SKFt• N[ERIDIAN, IDAHO RONALD R. TOLSMA
JONN O. FITZOEMLD, AtlpMy
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EARL WARD X861 BOB SPENCER
. Phone SSSM97 CMIrmAn ZONnga Wannlnp
JOSEPH L. GLAISYER December 16, 1983
M~ym
Mr. Dean W. Briggs, P_E.
J-U-B ENGINEERS, Inc.
250 South Beechwood Avenue
Boise, Idaho 83709
Dear Mr. Briggs:
Re: Sunnybrook Farms No. 3 Subdivision
Sanitary Sewer and Water System
The City of Meridian has reviewed the water and sewer system improvement
drawings for Sunnybrook Farms No. 3 Subdivision and we have the following
comments.
Water•
1. Show service line location for Lot 1, Block 12 and Lot 3, Block 11.
2. Show installation of temporary blow-off valve at end of 6" diameter
line in "future street" (Leann Way extended). The City suggests a
gate valve be attached to the end of pipe and anchored back with
J-bolt rods to a concrete thrust block poured around the pipe. The
blow-off assembly could then be attached to the valve. (Similar to
Meridian City Standard Detail W-5.01(E).)
3. How is the water line to be ended on Chateau Drive at the boundary
line between Phase 3 and Phase 4? Will it be extended to the valve
juncture at the next "future street"? If so, a temporary blow-off,
similar to that described in Item 2 above needs to be installed.
4. The yoke number shown in the "typical water service connection"
detail is revised to be a "Ford V.V.92-21". Refer to Meridian_
Standard Drawing W-5.01(8) for water service nomenclature. Your
detail needs to be cleaned up with corrected nomenclature callouts.
5. The finder wire at a valve box shall extend upward along the outside
of the valve cover and then inside the valve box at the valve box/
valve cover juncture. This permits access to the wire from the
street, but doesn't place the wire at the valve nut level for inter-
ference with the valve wrench.
6. Add a statement to the general notes on Sheet 1 that all work shall
be done in accordance with the City of Meridian's Standard Drawings
and Specifications for Sanitary Sewer and Domestic Water Installa-
tions.
• ~ ~ •
Mr. Dean W. Briggs, P.E. -2- December 16, 1983
7. Note No. 5 shall refer to the leakage allowance formula set forth in
the Meridian Standards.
8. The location of water meter service boxes shall be coordinated by
the Developer with Idaho Power Co. to mitigate meter the conflicts
with the power junction boxes.
9. Provide "Record Drawings" to Meridian within 30 days after completion
of construction.
Sanitary Sewer,
1. All sewer service stubs shall have a 2x4 marker placed at their
ends, extending 12" above the ground and painted white.
2. A green paint mark shall be made on the concrete curb at_ the point
the service line passes below.
3. The sewer line shall be air tested in accordance with Meridian City
Standards and dirt/debris, etc., shall be cleaned from all manholes.
Testing shall be conducted after all utilities are installed and
prior to paving.
4. Sewer service lines shall be P.V.C.
5. Provide "Record Drawings" to Meridian within 30 days after completion
of construction.
Streets:
1. What is the status of street runoff from Leann Way and Chateau
Drive?
2. Is a temporary barricade required on Chateau Drive at the Phase 3/4
boundary?
3. Provide name for stub street from Leann to east boundary or provide
assurance that the home built on Lot 1, Block 8 and Lot 14, Block 7
will face Leann for street number-
A redline plan set is being returned with this letter. Please return the
redline set with your final submittal.
,.
•
Mr. Dean W. Briggs, P.E. -3- December 16, 1983
If you have any questions concerning these comments, please call.
Sincerely,
C OF ME'I RID,I^A^N^~
Gary D. Smith, P.E.
City Engineer
GDS:mz
bcc: Mayor & Council
Bruce Stuart
Earl Ward
ORDINANCE NO. Y-"-
AN ORDINANCE AMENDING CHAPTER 2, TITLE 3, BEER SALE AND P.EGULATION,
P,EVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, AD.A COUNTY,
SPECIFICALLY SECTIONS 3-204, 3-2.10 and 3-212, TO BE EFFECTIVE
UPON APPROVAL HEREOF.
WHEREAS, the City Council and the Mayor of the City of
Deridian, Idaho have concluded that it is in the best interest of
said City to amend Chapter 2, Title 3, Beer Sale and Regulation,
effective upon approval hereof,
NOG7, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF
MERIDIAN, AND THE CITY COtTNCIL OF THE CITY OF PERIDIAN, ADA COUNTY,
IDAHO,
Section 1. That Chapter 2, Title 3 shall be amended,
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specifically Sections 3-204, 2-310 and 3-212 thereof, effective
upon approval hereof, and those Sections being amended shall read
as follows:
3-204: LICENSES NOT TO BE GRANTED TO CERTAIN PERSONS:
No license shall be tranted to the following
persons:
(A) A person who is not of good moral character.
(B) A person who is not devoted to the government of the United
States, and who is incapable of understanding the laws of the
United States, the State of Idaho, and the Ordinances of the
City of Meridian.
(C) A person under nineteen (19) years of age.
(D) A person to sell or dispose of beer by peddling.
(E) To any person to sell for consumption (except a licensed
person authorized to sell beer not to be used or drunk on
the premises) within four hundred feet (400'), measured
on street lines, of any block in which a public school
building is located.
(F) To any person to sell in any room where there shall be
screens, boxes, curtains, frosted windows, subdued
lights, swinging doors, alcoves, booths, stalls, or any
obstruction to the complete view from the interior of such
premises, to all parts of the room on the premises where
beer is sold.
(G) To any person who is not a citizen of the United States and
who has not been a bona fide resident of the State of Idaho
for a period of thirty (30) days prior to the date of malting
such application.
(H) To any person who shall have been convicted for the violation
of any law regulating, governing or prohibiting the sale of
alcoholic beverages or intoxicating liquor.
3-204 A LICENSES; APPROVAL PERIOD: Any licenses granted
shall be granted by the .Mayor and Council and shall
be fora period of one (1) year beginning January lst and ending
December 31st. The Mayor and City Council shall grant or deny the
application within forty-five (45) days of the time it is filed
with the City Clerk. Whenever the Mayor and City Council deny
an application, they shall specify in writing:
(A) The statutes, ordinances and standards used
in evaluating the application;
(B) The reason for the denial;.
(C) The actions, if any, that the applicant could
take to obtain the license, transfer or renewal
thereof.
In all cases where the City Council is considering applica-
tions for licenses, transfer, renewals, revocation qr suspension
thereof, a transcribable verbatim record of the proceeding shall
be made. If the applicant for a license, transfer or renewal is
denied, a transcribable, verbatim record of the proceeding shall
be kept for a period of not less than six (6) months after a final
decision on the matter. Upon written request and within the time
period provided for retention of the record, any person may have
the record transcribed as his expense. The City Council shall
also provide for. the keeping of the minutes of the proceedings.
Minutes shall be retained indefinitely or as otherwise provided
by law. Any person aggrieved by a decision of the Mayor. and City
Council may appeal the decision pursuant to the Administrative
Procedures Act, Title 67, Chapter 52, Idaho Code.
AMBROS E,
FITZG ERALD
S CROOKSTON
Attorneys 8Ml
Couneelon
P.O. Box IT/
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3-204 B LICENSE: INVESTIGATION OF APPLICANTS: No license
shall be granted hereunder until there has been
an investigation by the police department of all applicants here-
under. After investigation, the applicants will be forwarded to
the City Council with a recommendation from the Chief of Police.
If the Chief of Police recommended that an application be denied,
he shall state in writing:
(A) The statues or ordinances an~ standards used in
evaluating the application;
(B) The reason for the denial; a d
(C) The action, if any, that the .applicant could take
to obtain the license, transfer or renewal thereof.
AMBROSE,
FITZG ERALD
S CROOKSTON
Attom®ye and
('AUneelors
P.O. BOZ X77
MsnElan,loa~o
83B/Z
Teleplwne BBB~M1
3-210 LICENSE FEE: Every person licensed under the
provisions of this Chapter shall pay the City of
Meridian, Idaho, an annual license .fee for the sale o£ draught and
bottled beer, or draught beer only, the sum of two hundred dollars
($200.00) per annum, payable at the time application for license
is filed; provided, however, that all licenses issued under the
provisions of this Chapter shall expire on December 31 of the year
in which they shall be issued, notwithstanding the fact that such
license may have been issued after January 1. Provided, further,
that the fee for a license to sell beer in bottles or cans to
be taken away from the premises where sold and not to be consumed
or opened on the premises where sold, shall be fifty dollars
($50.00). A full year's license fee shall be paid regardless of
when the application for the license is made.
3-212 NOTICE AND HEARING: Whenever information shall
come to the City Clerk, or to the Chie£ of Police,
that any licensee has committed any act rendering his license
subject to revocation, it shall be the duty of .the Officer having
such information to forthwith submit the facts in writing to the
Mayor and Council. Should it appear to the Mayor. and Council from
such report, or from other information, that there is a possible
cause for the revocation of such license, a copy of such report
shall be served upon the licensee, together with a notice citing
him to appear before the P4ayor and Council for hearing of said
complaint, at a time and place fixed and stated in such notice.
In case personal service cannot be made upon the licensee, the
notice shall be mailed to the licensee., addressed to his last-known
business address. No further pleading shall be necessary. If,
upon such hearing and investigation, the Mayor and Council find
that cause exists for the revocation of such. license, the same
shall be revoked by the Mayor and the Council. At the hearing a
AMBROSE,
F172GERALD
6 CROOKSTON
Attomays antl
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P.O. BoY 12]
M6NtlIen, MNo
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transcribable verbatim record shall be made and a decision to
revoke or suspend a license shall be accompanied by findings in
writing which. specify:
(A) The statutes, ordinances and standards used in
evaluating the iicense or .licenses;
(B) The reason for the denial; and
(C) The actions, if any, that the applicant could
take to retain the license, transfer or renewal
thereof.
and any person aggrieved by such decision may appeal pursuant
to the Administrative Procedures Act, Title 67, Chapter 52,
Idaho Code.
Section 2. WHEP.EAS, there is an emergency therefor, which
emergency is declared to exist, this Ordinance shall. take effect
and be in force and effecr from and after its passage, approval,
and publication as required by law.
PASSED by the City Council and approved. by the Mayor of the
City of Meridian, Ada County, Idaho, this day of c r ,
19 8~.
ATTEST:
•
II BEFORE THE MERIDIAN PLANNING
AND ZONING COMMISSION
DEPPE
CONDITIONAL USE PERMIT
AT 129 E. PINE, MERIDIAN, IDAHO
FINDINGS OF FACT and CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
on November 14, 1983, at the hour of 7:30 o'clock P.M.,Lthe
Petitioner appearing in person and the Planning and Zoning
Commission of the City of Meridian having duly considered the
evidence and the matter makes the following Findings ofjFact and
Conclusions of Law:
FINDINGS OF FACT
1. That this property is located within the City of Meridian;
2. That the property is located in a residential area;
3. That proper notice has been given as required by law and
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all approvals and procedures before the Planning and Zoning
Commission have been given and followed;
4. That no persons appeared at the hearing objecting to the
use of the property as a Beauty Salon;
5. That the property has been used as a commercial use in
the past pursuant to a conditional use permit;
6. That since this is a commercial activity, the bwner of
the property will be .required to pay commercial rates fbr water,
sewer and trash and to pay any additional hook-up fees tequired;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - P. 1
7. That the use of the property as a Beauty Salon which is
a commercial activity is not in compliance with the zoning ordi-
nances or the allowed uses in a residential zone.
CONCLUBIONS OF LAW
1. That the City has authority Lo grant conditional uses
pursuant to 67-6512, Idaho Code;
2. That the City has authority to limit the time a condi-
tional use may be in existence pursuant to 67-6512, Idaho Code.
3. That the Cixy has authority to grant conditional uses
pursuant to Chapter 65, Title 67, Idaho Code, even though the
proposed use is not in compliance with the zoning ordinance.
4. There having been no objection to the use of the pro-
perty as proposed, the Petitioner shall be able to use the pro-
perty as a Beauty Salon for a period of not exceeding
year (s) ;
DATED This day of 1983.
These Findings of Fact and
Conclusions of Lew were
on a vote
o Yea Nea
Robert Spencer - Chairman
Marvell C enowith
Ro ert Geis er
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - P. 2
•
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Mo A i 7ani
Jim Jo nson
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - P. 3