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Home My WebLink About1983 07-18AGENDA N=IAN CITY COUNCIL July 18, 1983 Minutes of Previous Meeting Held July 5, 1983. APPROVED 1. Request by O. T. Davis Construction to place Trailer House on Lot #2 Meridian Place Subdivision to be used as Sales Office for period of six months. APPROVED 2. Public Hearing: Conditional Use Permit for Steve Anderson & Wes Hoalst, Insurance Office at 1434 Meridian Street. APPROVED 3. Pre -Termination Hearing Water,Sewer, Trash Deliguencies. APPROVED 4. Department Reports. LJ MERIDIAN CITY COUNCIL July 18,1983 Regular meeting of the Meridian City Council called to order by President of the Council Grant Kingsford at 7:30 p.m. Council Members Present: Ron Tolsma; Rick Orton Jr.; Bill Brewer Others Present: Earl Ward; Doug Nichols; Bruce Stuart; Ray Voss; Vern Schoen; Michael Bingham; Trent Bingham; Bob Giesler; R. C. Spencer; Gary Smith; Michael Zuzel, Steve Anderson; Marcia Anderson; Wes Hoalst, Marnell Chenowith; Fred Frahm. Minutes of previous meeting held July 5, 1983 were approved as written. President of the Council, Grant Kingsford welcomed. Trent Bingham from Scout Troup # 81 who was in attendance for Merit Badge. Item: 1. Request by O.T.Davis Construction for use of Trailer for sales office in Meridian Place Subdivision. Rick Orton asked what action Council would take to allow this, Variance or Temporary Conditional Use Permit. Kingsford explained that Attorney suggested that the Council just allowed it with some time restraints, not having to go through the hearing procedure & etc. where it was a Sales Office and wouldn't be in the area that long. Frahm explained this would be an exception to the Mobile Home Ordinance where you allow a temporary use for this purpose and where you require the individual go thru the whole process would be an undue hardship. Orton stated that we had done this type of thing before for a construction type office. No objections to six months use, if that is adequate and we do not have to have a big argument. getting it moved at end of six months. The Motion was made by Orton and seconded by Tolsma to allow the Mobile home to be set up temporarily from now through the end of January 1984, that is six and one- half months and then be removed by the end of January 19841 on lot 2 Block 2. Motion Carried: Tolsma, yea; Orton, yea; Brewer, yea. Item: 2 Public Hearing -Request for Conditional Use Permit,Insurance Office at 1434 No. Meridian Street. Mr. Steve Anderson was present to represent Anderson and Hoaltz who are requesting the Conditional Use Permit.Anderson stated they had been before the P & Z and Find - of Fact and Conclusions had been made. Brewer stated that P&Z Commission felt that they had been put through a degree of pressure by Anderson & Hoaltz by then going ahead and occuping prior to then having a chance to actually take action on the request.He felt they had a valid complaint. Tolsma said Ada County Highway said that would not allow any on street parking,and P& Z recommended graveled parking lot be provided in one year with blacktopped lot in two years. Any problem in this? Anderson: This should fit our time schedule very well The Motion was made by Orton and seconded by Tolsma to approve the Findings of Fact and Conclusions on the Weslee Hoalst & Steve Anderson Conditional Use Permit Request. Motion Carried: Tolsma, yea; Orton, yea; Brewer, yea The Motion was made by Brewer and seconded by Orton to approve the Conditional Use Permit for Weslee Hoaslt and Steve Anderson at 1434 Meridian Street, Meridian,Idaho based upon the conditions as stated in Findings of Fact and Conclusions. Motion Carried:Tolsma, yea; Orton, yea; Brewer, yea MERIDIAN CITY COUNCIL 2. July 18, 1983 Item: 3. Pre -Termination Hearing Water, Sewer, Trash Delquiencies: President of the Council Kingsford read: "This is to inform you, if you choose to, you have the right to a pre -termination hearing, at 7:30 p.m., July 18, 1983 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 July 21, 1983, unless payment is received in FULL." President of Council Kingsford: "Is there anyone present tonight that wishes to cane befor the Council regarding their Water/Sewer/Trash bill?" There was no response. President of Council Kingsford: "Due to thier failure to pay their water bill or to present any valid reason why bill has not been paid, their water shall be turned off on July 21, 1983. 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 or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, the water will be shut off." "The amount of the turn- offs is $2579.28." Orton asked Bruce Stuart to explain the situation that exist at CrestFallen Manor which is owned by Terry Woodard. Stuart: At last pre -termination hearing the City received a letter from Mr. Woodard asking that water be turned of at the CrestFallen Manor Apartments. It was not explained that North Apartment are hooked on with the Office and South Apartments are hooked on by themselves. When the Council agreed to turn off they thought all the apartments were being turned off. Men turn off occured it only effected. the South Apartments where there were two of then being lived in at the time. Mr. Woodard, the City Clerk and myself had a meeting and worked out, and told Mr. Woodard being as how the middle unit was used for storage only if he wanted to dig up line to middle unit and cap it off and have Mr. Stuart inspect before covered he would not be billed for this unit. Mr. Woodard agreed to pay the final bill on these units and then the billing was to be transferred to Meridian Sew & Vac who is renting one of the South Units. Mr. Woodard , has as yet not paid the final bill and is acdin on the turn-off list. The City Clerk is to contact the owner of Meridian Sew & Vac and try to get this settled. Orton asked why the North Units were not turned off, Stuart explained that Woodard had hooked up the North units to the meter for the Office Building meter about five months ago and nothing was said so the billing for the Apartment was all being billed to the meter for the South Units. The Motion was made by Brewer and seconded by Orton to approve the turn-offs list with the City Clerk to contact the owner of Meridian Sew & Vac. Motion Approved; Tolsma; yea; Orton, yea; Brewer, yea. Item: 4. Other Business: Gary Smith: The Wastewater Rehabilation Project Doug Seamans has been the only problem to be resolved before we can release the money to Nay's Construction that we presently retain this amounts to $900.00. Has sent a release form to him to sign has not received form back. There two claim checks which were paid by the Nay's Insurance Company which Mr. Seamans has endorsed and the endorsement includes a release statenent.There is a provision in the specifications that in the opinion of the Engineer the party is being unreasonable and the situation is cleared up to the satisfaction of the Engineer we cannot require the release. The Insurance Company is forwarding copies of the two checks showing the endorsement. Recommend the City release the retained funds to Nay's Construction. The Motion was made by Orton and seconded by Tolsma to release the retainage to Nay's Construction upon the receipt of the copies of the checks from the Insurance Company. Motion Carried: Tolsma, yea; Orton, yea; Brewer, yea • MERIDIAN CITY COUNCIL 3 July 18, 1983 Other Business Cont'd: Gary Smith: Water is flowing in the Well again at the Creamery Building and into the Sewer System, flow at the Plant is up around 2,000,000 gallons per day. Council instr- ucted Mr. Smith to contact Mr. Amyx or Mr. Raasch whichever is the owner of the building and try to resolve this problem. Earl Ward: Wheel Inn Mobile Manor has let contract to have some of repair work done on their sewer service lines. Was contacted by Mrs. Clarence Morgan who own property just South across Fairview from Settler's Village. They have a problem, the problem being Phase III sewer line ends 90 feet from their property on the North side of Fairview, and Central District Health considering the short distance about issuing then a septic tank permit. Property is not in City Limits therefor it would be a policy decision as to whether City would allow then to hook on even if they could. The only way they would issue a permit if the City wrote then a letter that it was an impractical situation. The fact was brought up that this was not for the present house on the property but would likey be for a trailer house which the Morgans would like to move on the property as when the property was taken back by then the person they sold to keep the house. There more discussion (tape on file) City Polciy to be relayed to them if we are contacted again. Grant Kingsford; Reminded Council of Budget deadline and of Special Meeting to be held July 25, 1983 at 7:30 p.m. The Motion was made by Orton and seconded by Tolsma to adjourn the meeting at 7:55 p.m. Motion Carried: Tolsma; yea; Orton, yea; Brewer, yea VIM ATTEST: p.c.: Mayor & Council (5) P & Z cam (4) Schoen, Stuart, Ward Atty, Fire, Police, JUB, Keibert, Valley News, Statesman Press Tribune, Hein Mail (5) File (3) • 0 e, 4 � O. T. Davis Construction �'� F3 44 So. Meridian Rd. Meridian, ID 83642 Telephone (208) 888-6206 July 12,1983 City Council City of Meridian City Hall 728 N.Meridian Road Meridian,Idaho 83642 ATTENTION: Jack Nieman Reference: Meridian Place Subdivision Gentlemen: I would like to request a variance for the use of a 12x61 office trailer on lot 2 block 2 Meridian Place Subdivision to be used as a sales office for a period of six months. I would like this to be put on the agenda of July 18,1983. I would appreciate your consideration of this variance. Sincerely: 0 T.Davis,Owner O.T.Davis COnstruction hcleA)� C1' ) f 14 � NOTICE'.OF PUBI;XC EgAltf NG' a NOTICE IS .:-the, HEREBY GI,Vr_, Pursuant': to- osd�n8ltTces of•��k��,�:�' y , i City of Meridian and., the 'lbws of the 'Sate of°:`Idaho, willbe held`. before the Cite council off the City of Me d ' the �iria11 =located at 7'3 `'Mediamgd i,h ttae; Citi ' ' Idaho' 7..30 p. m on' the 3:0 ' at thea°hour of 0' clock , IvrE a E 1983, for the°purpof�Q)•Q'f "coftside' ng ikAuance C()n L C r Permit.to'Neslee Hoalst and /Steve ',Anderson. for t3'fe c�� &��icy�►� �c� s f 3. insurance brokers"office at 434 PeridMaki 4an, Any, ani ail pergoms- �lntsre�ted `bekr�a�� `A. DATED 'theaM i vf' Jane,' x.983. 'r moi, [.. `� r; ...�: L � 7 VA, N n, y M .a t. t All ! fi� kMIBR08E. FrMOERALD dCRO01WON * ...-k�`� Y °! 006MG" -d y q 5 CwnWom P.O. ftx 1Y MWWWn, lJW ..0 1 'Y n •. r1. , . je, ,, :M , r t WESLEE HOALST and STEVE ANDERSON CONDITIONAL USE PER14IT At 1434 Meridian, Meridian, Idaho FINDINGS OF FACT AND CONCLUSIONS ` The above entitled matter having come on for public hearing on June 13, 1983, at the hour of 8:00 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning.Commission of the City of Meridian having considered all evidence and matters before them and things of which judicial notice can be given, makes the following findings of fact and conclusions: FINDINGS OF FACT 1. That this property is located within the City of Meridian:) 2. That the property is located in an area that is presently zoned residential; 3. That the use of the structure on the property as an insurance office which is a commercial activity is not in compliance with the zoning ordinances or the allowed uses in a residential zone; 4. That proper notice has been given as required by la -N arrC, all approvals and procedures before the Planning and Zoning Commission have been given and followed; 5. That no persons appeared at the hearing objecting to the use of the property as an insurance office; 6. That the property will be used as an insurance office and there is presently a question as to whether there will be ample ' parking for the conduct of the business; AMBROSE, FITZGERALD 6 CROOKSTON Atrorneye and Counselm P.O. Bo: 427 Meridian, kW o 83812 Telephone SM4481 f A .I.ch',#� %0 AMBROSE, FITZGERALD 8 CROOKSTON Attomep and Counselors P.O. Box 427 Merldlan, Idaho 83842 `7810phoee 8864487 7. That since this is a commercial activity, the owner of the property will be required to pay commercial rates for water, sewer and trash and to pay any additional hook-up fees required; - 8. That the property is located in an area that is planned for future commercial zoning; that Meridian Street is a main avenue of traffic through the City of Meridian and is used by residential and commercial traffic; that the use of the property as an insurance office is in the best interest of the City of Meridian; 9. That Petitioners began the remodeling and reconstruction of the residence for a commercial use even though their Petition had not been considered by the Planning and Zoning Commission, and certainly prior to final approval by the City Council; that this is deemed a violation of the City Ordinances and is not looked upon with favor by the Planning and Zoning Commission. CONCLUSIONS 1. That the City Council has authority to c;rant conditional uses pursuant to 67-6512, Idaho Code; 2. That the City Council has authority to limit the time a conditional use may be in existence pursuant to 67-6512, Idaho Code; 3. There having been no objection to.the use of the property as proposed, the Petitioner shall be able to use the property as an insurance office indefinitely, but the City Council retains the right to review conditional use permits on an annual basis to see if such use is still in the best interest of the City and the neighborhood in which the property is located; - ,� • U 4. That while the Petitioner began remodeling and construc- tion of the premises prior to being granted a Conditional Use Permit, such is not deemed, in this case only, to be grounds for a recommendation against the issuance of the Conditional Use Permit;' 5. That as a condition of the issuance of a Conditional Use _1 Permit, and the continued allowance of said permit, the Petitioners shall be required to place and construct an all-weather gravel parking lot in the rear of the residence within one (1) year from the date of issuance of the Conditional Use Permit and within two (2) years from the date of issuance of the Conditional Use Permit to pave the gravel parking lot; that in the event this property is ultimately zoned commercial, this requirement of a paved parking lot shall still be required. The parking lot shall be of a size sufficient to allow parking spaces. That, as an additional condition of the issuance of the Conditional Use Permit, Petitione shall not be allowed to place neon or electrical signs upon the property or upon any structure thereon. RECOMMENDF.TION The Planning and Zoning Commission hereby recommends the issuance of the requester Conditional Use Permit upon the above - conditions. These Findings of Fact nd Conclusions were raJ_L on a vote of Yeah Nea 0 . JA NET MA , City Clerk AMBROSE, FITZGERALD d CROOKSTON AtWneye and Couneeloro P.O. Box 127 MwWlen, WWW 83812 Teleph=9 88&1181 BOB/ CHAIRMAN h y - �.. w A.. x�?�;. .l�' h y - ALT i0 OW 7rOM EDDY GFIRRY SWEET AMBROSE, FrTZGERALD i CROOKSTON Attorneys end Couiuelm P.O. Box 427 �Mwldlen, klOw !3642 ToMphoee 666x461 P..-. .. ..." .-. e...s.: .. +.�—.c„-'^'�:--i.•acs ;.—r :,-:sem- ._.._.-.,. ,.._ _ :,T:f =l.Y'o:ti �r. _ .t• .K.e ZZ TY— r '�,5.`e &�- ''4-Me'a - :`,�'" T4 _ '"" • f�,``r�'- P :: � w' -r s'c . s � fi. � -. . _- .� . d. _ ..'' 9 r��'1r ,.." .:.�`w.:�� .a> �1 � ��'' ��t• cI .�. ;- a � v'.';-K.+�,r""� �'f. ,. t► . � "Y^s, '�^>' `ak � �� tg k.,_`-�-•'�,.� 'Ix _" �+ t -� ?.r% + 7 t - �'.. v»-¢ .i.: -7 .i : . t�s1 i.. 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