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HomeMy WebLinkAbout1983 06-20A G E N D A MERIDIAN CITY COUNCIL June 20, 1983 ITEM: Minutes of the previous meeting held 6.6.83 1. PUBLIC HEARING: Request for Variance on Fence Clifford Samson - 1089 Chateau 2. PUBLIC HEARING: Request for Variance on Metal Building David Barkell - 1760 W. Pine 3. FROM TABLE: Dan Crow Proposal for 6 Plex Broadway Ave. 4. Pre -Termination Hearing Water/Sewer/Trash Amt. Delinquent - $5,463.44 5. Meridian Friends Church Findings of Fact & Conclusions of Law Ordinance Number #422 6. Other Business Next meeting to be held July 5, 1983 Reminder of Budget Discussion on Transportaion Plan 7. Jay Amyx: Proposal for Creamery Building 8. Executive Session Called 9. Other Business Impact Area Negotiations APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED Meridian City Council June 20, 1983 Regular meeting of the Meridian City Council called to order by Mayor Joseph Glaisyer at 7:30 p.m. Council Members Present: Grant Kingsford; Ron Tolsma; Rick Orton Jr.; Bill Brewer Others Present: Earl Ward; Greg Walker; Vern Schoen; Doug Nichols; R.C. Spencer; Michael Zuzel; Marnell Chenowith; Moe Alidijani; Terry Woodward; Glen Guille; Jay Amyx; Gary Smith; Clifford Samson; David Barkell; John Redding; Jack Niemann Minutes of the previous meeting held June 6, 1983 were approved as written. Item 1 PUBLIC HEARING: Request for Variance on Fence; Clifford & Sue Samson 1089 Chateau Drive Clifford Samson was present. City Building Inspector, Vern Schoen explained that this is a corner lot and the Samson's wish to build a 6 foot fence to the street on the one side of the home, and in so doing is a violation of City Ordianance. Councilman Brewer questioned if there was any conflict with site triangle. Councilman Kingsford stated that the fence as'.proAosed would set back_- traffic would be able to see clear down the street. Mayor Glaisyer opened the Public Hearing for audience comment. There was no response. Glaisyer closed the Public Hearing. Kingsford: "My only concern were the people directly behind just West of you. Are their names on the petition - did they have ,A4y., !6bj'ections?" Samson: "Yes, their names are on there. They had no objection." The Motion was made by Orton and seconded by Kingsford to approve the request for a variance on a 6' fence by Clifford & Sue Samson. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Item 2 PUBLIC HEARING: Request for Variance on Metal Building; David A. Barkell 1760 W. Pine Building Inspector Vern Schoen explained that Mr. Barkell is requesting a variance from the building code to construct a metal building and a variance from the property line set backs. Mayor Glaisyer opened the Public Hearing for Public comment. There was no response. Glaisyer closed the Public Hearing. The Motion was made by Kingsford and seconded by Brewer to grant Mr. Barkell a variance from the building code to ocmatruet a metal building and a variance from the property line set backs. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea C • Meridian City Council 2. June 20, 1983 Item 3 Dan Crow Proposal for 6 -flex (From Table) There was discussion regarding what action had to be taken to approve of the Dan Crow proposal to build a 6 plex on Broadway. (Tape on File - City Clerk's Office) It was decided that the City is working with the Highway Department which has given a license to Mr. Crow, but'suggested that'he get approval from the City also, since the parking will be a variance from City policy. The Motion was made by Brewer and seconded by Orton to approve of the Dan Crow proposal for a 6 plex on Broadway. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Item 4 Pre -Termination Hearing Water/Sewer/Trash Mayor Glaisyer read: "This is to inform you, if you choose to, you have the right to a pre -termination hearing, at 7:30 p.m., June 20, 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 June 23, 1983, unless payment is received in FULL." Mayor Glaisyer: "Is there anyone present tonight that wishes to come before the Council regarding their Water/Sewer/Prash bill?" Terry R. Woodward, Crestfallen Manor, 1535 E. 1st Street, was present requesting that service be discontinued. Woodward explained that due to financial hardship he would be placing the property on the market. Woodward said that Meridian .Office Supply would still be requested as they will remain as a tennant. Woodward paid the $44.40 due on the Meridian Office Supply account. Mayor Glaisyer: "Is there anyone else present that wishes to contend their Sewer/Water/ Trash bill?" There was no response. Mayor Glaisyer: "Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on June 23, 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 $5,463.44." The Motion was made by Kingsford and seconded by Brewer to approve of the turn-offs minus Meridian Office Supply. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Item 5 Meridian Friends Church Annexation The Motion was made by Kingsford and seconded by Orton to approve of the Findings of Fact and Conclusions of Law regarding the Meridian Friends Church Annexation Request. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Ordinance #422 Mayor Glaisyer Read: "AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING LOCATED IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING KNOWN AS THE WEST ONE-HALF OF LOT 2 OF WESTLAWN SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO." Mayor Glaisyer: "Is there anyone present that wishes to have Ordinance Number #422 read in its entirety?" There was no response. Meridian City Council 3. June 20, 1983 Item #5 Ordinance #422 Cont'd . . . . . . The Motion was made by Kingsford and seconded by Tolsma 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 422 as read be passed and approved. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Item 6 Other Business Mayor Glaisyer announced that the next regular City Council Meeting will be held on Tuesday, July 5, 1983 due to the Holiday on July 4, 1983. Mayor Glaisyer reminded all Department Heads that their budgets should be Completed with exception of salaries. There was discussion concerning the State Transportation Secondary - Primary Plan. (Tape on File - City Clerk's Office) Item 7 Jay Amyx Regarding the Creamery Building Jay Amyx a Building Contractor, was present, :requesting approval to convert a portion of the creamery building into a used auto parts store. Amyx assured the Council that this operation would not be a junkyard for old cars, but an establishment that offered spare parts. Amyx assured the Mayor and Council that the artesian well water problem would be taken care of. (Tape on File - City Clerk's Office) Amyx is asking for a time extension to bring the building up to fire codes. Amyx said that the necessary fire and safety codes can be met gradually as the business begins to make money. Councilman Bill Brewer said he thought the idea showed some promise. "I certainly do encourage it," Brewer said. Amyx said he has experience in leasing retail space and that this idea could develop into many directions. Although no decision on the proposal was handed down, members of the Council seemed in agreement with the plans as submitted. Item 8 The Motion was made by Kingsford and seconded by Brewer to call an executive session at 8:10 P.M. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea The members of the Council returned to the chamber at 8:55 p.m. and the meeting was called back to order by Mayor Glaisyer. Item 9 Other business A workshop for the ordinances was set for June, 27, 1983 at 7:30 p.m. at Meridian City Hall. Mayor Glaisyer announced that negotiations on the impact area are ready to begin, and appointed Grant Kingsford to head the committee consisting of Rick Orton, Bob Spencer (From the Planning & Zoning Commission) and Terry Smith. Being there no other business to come before the Council . . . . . . The Motion was made by Kingsford and seconded by Brewer to adjourn at 8:56 p.m. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea MERIDIAN FRIENDS CHURCH ANNEXATION FINDINGS OF FACT AND CONCLUSIONS The above entitled annexation having come on for hearing on the day o p,i�, , 1983, at the hour of 7:30 o'clocl p.m., the Petitioner appearing through Jack Newell, before the City Council of the City of Meridian and said Commission makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That all notices have been given as required by law and all approvals and procedures before the Planning and Zoning Commission have been given and followed; 2. That the property is adjacent and abutting to the present City Limits; 3. That the property is described as set forth below: A parcel of land situated in the North half of the Southwest quarter of Section 12, Township 8 North, Range 1 West, Boise-Meridian, Ada County, Idaho, being known as the West one-half of Lot 2 of WESTLAWN SUBDIVISION, filed of record with the Ada County Recorder at Book 2, Page 94, also being that parcel shown on Record of Survey No. 456, filed as Instrument No. 8317278, at Book E, Page 468 of Surveys at the Ada County Recorders Office; more particularly described as follows: Commencing at the center quarter corner of said Section 12, marked by a brass cap; thence along the East-West mid-section line North 90000100" West 670.03 feet to a point, marked by a P.K. nail; thence leaving said line South 0102115" West 30.00 feet to a point on the South right-of-way line of West Pine Street, marked by a one-half inch iron pin, THE REAL POINT OF BEGINNING; thence continuing South 0002115" West 998.14 feet to a point on the North right-of-way of the union Pacific Railroad, marked by a one-half inch iron pin; thence along said North right-of-way North 89°01'43" West 224.44 feet to a point, marked by a one-half inch iron pin; thence leaving said right-of-way North 0002105" East 994.33 feet to a point on the South right-of-way of West Pine Street thence along said South right-of-way North 90000100" East 224.45 feet to THE POINT OF BEGINNING. AMBROSE, FITZGERALD & CROOKSTON Attomeys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884461 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Sox 427 Meridian, Idaho 83842 Telephone 8084461 11 L 8. That the annexation of the property is reasonable and that it is not a shoestring annexation; 9. That the owners have requested annexation and that this annexation has been instituted by them and not the City; 10. That the annexation of this property will aid in the orderly development of the City; 11. That the City Council of the City of Meridian finds the annexation and proposed use to be in harmony with the general purposes and uses of the area and will not be otherwise detrimental to the public health, safety and welfare; 12. That the property is presently within 300 feet of the Meridian City water and sewer. CONCLUSIONS 1. That the City of Meridian has authority to annex property pursuant to 50-222, Idaho Code; 2. That the annexation of the proposed property is in the best interest of the City and has been performed in compliance with the Local Land Use Planning Act and the Ordinances of the City of Meridian, - 3. That once the property comes within the 300 -foot require- ment for water and sewer to be hooked up to the City, that that be done as required by Ordinance. DATED this day 1983. These Findings of Fact a d Conclusions were hpvel on a vote of Yeaea ST: r U12 &INANCE NO. 422 9 AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING LOCATED IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING KNOWN AS THE WEST ONE-HALF OF LOT 2 -OP WESTLAWN SUB- DIVISION, MERIDIAN, ADA COUNTY, IDAHO, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COMM, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in'.the best interest of said'City to annex to the said City real property which is hereinbelow described: MERIDIAN FRIENDS CHURCH ANNEXATION A parcel of land situated in the North half of the Southwest quarter of Section 12, Township --3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, being known as the West one-half of Lot 2 of WESTLAWN SUBDIVISION, filed of record with the Ada County Recorder at Book 2, Page 94, also being that parcel shown on Record of Survey No. 456, filed as Instrument No. 8317278, at Book -E, -Page 468 of Surveys at the Ada County Recorders Office; more particularly described as follows: Commencing at the center quarter corner of said Section 12 marked by a brass caps thence along the East-West mid-section line North 90000100" West 670.03 feet to a point, marked by a P.K. nail; thence leaving said line South 0°02'15" West 30.00 feet to a point on the South right-of-way line of West Pine Street, marked by a one-half inch iron pin, THE REAL POINT OF BEGINNING: thence continuing South 0°02'15" West 998.14 feet' to a point on the North right-of-way of the Union Pacific Railroad, I marked by a bne-half inch iron pin; thence along:oaid North right-of-way North 89°01'43" West 224.44 feet to a point, marked by a one-half inch iron pin; thence leaving said right-of-way.North '0°02'05" East 994.33 feet to a point on the South right-of-way..of West'Pine Street; thence along said South right-of-way North 90°00'00" East 224.45 feet to THE*POINT OF BEGINNING. ALSO INCLUDED in the annexation property is the land between the -above des- cribed lxarcel' T t Yt' 1v�u�ixlary..and the cce?ntarline of Pine St. and the land between the abovedescribed pardel'-s°South boundary and.the South boundary .of the UP':I�aijroad fright -of -ways . 4 _ A.13SG?3;F LUDEQ is . the following described property: Part of Lot'2 of WESTI,AWN-SUBDIVISTON, according to the plat thereof, filed in'Bao'k'2 of Plats at page 94, records of Ada County, ID, described as follows: Commencing at the center of Section 12, T.3 -'N., R. 1W., B.M., thence West along the East-West center line of said Section 12, which is also the center line of West Pine Avenue, a distance of 654.40 feet; thence due South to a point on the South right-of-way line of West Pine Avenue, the real place of beginning; thence continuing South a distance of 125 feet; thence East a distance of 90 feet; thence North a distance of 125 feet to a point on the South line of West Pine Avenue; thence West along.the South line of West Pine Avenue, a distance of 90 feet to the Place of Beginning. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That the above described and referenced real property is hereby annexed to the City of Meridian, and shall be zoned as follows: "A" Residential. Section 2. That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries as altered, to be filed with the Ada County Recorder, Ada County Assessor, and the State.Tax Commission within 10 days following the effective date of this Ordinance. Section 3. This Ordinance shall be in full force and effect 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 20th day of June, 1983. ATTEST: ity Clerk 3 �s Comma w - 3rd ��. Arnt. vu - q-1 S -C21gG ghly• . • • 5� &aaew� 0 0 Commercial — Residential 1604 S. Phillippi PHONE: 375-3344 BOISE, IDAHO 83705 Mayor and City Council City of Meridian Meridian, Idaho Request for conditional use of the building and grounds commonly known as The Challenge Butter -Creamery in the City of Meridian, Idaho. The midsection of the ground floor and the three upstairs storage rooms are to be used for storage and sales area for reusable auto parts and supplies. The building across the alley and railroad spur we will use as a body and repair shop, adding an overhead door and building a paint booth to code. The west end of the building has an existing shop area that will be used for dismantling and shop space. The building being used for corn storage we understand is being considered as a continued use by the operators for additional time. The garage and pump building is to be used as additional shop space. It is our intent and plans to rent or lease the entire building and premises and remodel, restore and upgrade in a 5 -year program. / We request a waiver of fire and building codes on shop and storage space for a period of 1 -year. Electrical service will be brought to a condition acceptable to the state electrical inspector as buildings are put into use. Water and sewer service at the present -time will be for restrooms for less than 10 people and hose outlets for washing and protection service -only . ----- We do not wish to make extensive repairs or remodeling of any part of the building at this time as our desire is to establish an acceptable trend for the entire premises. However, we•need to be able to use parts of the buildings to help sustain the cost and overhead while waiting. The entire buildings and premises will be offered for lease or rent as acceptable leases are made we will upgrade buildings to required codes. 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(oy� 5 �1 ctn cuGo�, BSc, , `a37G3 5 3�1 b U l_Gu { sc C,c 5 cv mai '. -iSON s3, mex Ac ail� 56-,09 � c� � � s CX t5 y ClCo I I c:',, 5� 31 'R �? I 4,7,q a s c. _ q3(. a s 1 S U J n� G 'j � � �11p� t=c��rvi.�u) � �,sc, Fc3lG� 7��•� U CD ��d� � ���r �� Sc�c�c�v� s 11•x0 � aq-acs c 1r c '- Co C�a ci C 1cl, �, C-) i ' L57 2 s .-y ,�• c -L 3 ter''? 9 3.3.3 �k .7 19/ f ^•,tee -ter I'� 110 { 56 V,3 G � " / U s -"5--o 3� 3 0 P5 (�_ Ss -7 • MERIDIAN CITY COUNCIL 728 MERIDIAN STREET MERIDIAN, IDAHO 83642 DEAR COUNCIL, • JUNE 20, 1983 P. 0. Box 8505 BOISE, IDAHO 83707 DUE TO UNCONTROLABLE MARKET FORCES THAT HAVE CAUSED UNTENABLE FINANCIAL HARDSHIP ON THE CONTINUED OPERATION OF CRESTFALLEN MANOR, THOSE BEING AN AVERAGE OF 387 VACANCY FACTOR FOR THE LAST FOUR YEARS AND UNAVAILABILITY OF AFFORDABLE IMPROVEMENT AND REMODELING MONIES I HAVE BEEN ADVISED BY MY FINANCIAL ADVISOR TO PLACE THE PROPERTY ON THE MARKET. THE FACT THAT YOU HAVE BILLED ME A FLAT RATE REGARDLESS OF VACANCIES AND A PETERED RATE WHEN I HAVE EXCEEDED YOUR FLAT RATE HAVE ADDED TO THE HARD SHIP. SINCE CREST FALLEN MANOR IS SMALL AND THREE OF THE UNITS ARE ALREADY VACANT THIS WON T DISPLACE VERY MANY RESIDENTS. PLEASE BE ADVISED THAT AS STIPULATED IN YOUR TURN OFF NOTICE THAT AS OF JUNE 23RD I ANTICIPATE THAT YOU WILL DISCONTINUE SEWER, WATER, AND TRASH SERVICES TO ACCOUNT NUMBER 53802 KNOWN AS CREST FALLEN MANOR. PLEASE MAIL FINAL BILLING TO THE ADDRESS LISTED ABOVE. THE ENCLOSED CHECK FOR $44.40 IS TENDERED FOR FULL PAYMENT FOR SERVICE TO MERIDIAN OFFICE SUPPLY AS THEY WILL REMAIN AS MY LAST TENNANT. YOU�,S.TRUL �� v TERRY/R. WOODWARD