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HomeMy WebLinkAbout1983 06-06- .~ • r: A G E N D A MERIDIAN CITY COUNCIL June 6, 1983 Item: Minutes of previous meeting held May 16, 1983 APPROVED 1. PUBLIC HEARING: Meridian Friends Church Annexation Request a. Findings of Fact & Conclusions APPROVED b. Annexation Request APPROVED 2. Arthur E. Leister Jr. - Request for Water Charge Only DENIED (To Pay Minimun) 3. Bills 4. Other Business a. b. c. d. C. APPROVED Mayor Announced Budget Time Workshop Set Dan Crow Proposal TABLED Proposal for ABA Track DISCUSSION Meeting Adjourned • • Meridian City Council June 6, 1983 Regular meeting of the Meridian City Council called to order by Mayor Joseph Glaisyer at 7:30 p. m. Council Members Present: Grant P. Kingsford; Ronald Tolsma; Rick Orton Jr.; Bill Brewer; Others Present: Doug Nichols; Bruce Stuart; Art Leister; Jim & Judy Ingraham; Kathy Ingraham; Joy Hamlin; David Hamlin; Ralph Ingraham; Betty Ashley; Ken Westby; Vernon Schoen; R.C. Spencer; Moe Alidjani; Jack Newell; Kay Newell; Michael Zuzel; Jeri Hansen; Darwin Hansen; Gary D. Smith; Earl Ward; Terry Smith; Roy & Sue Peckham; Skip Voss; Coenraad Abas; Jack Niemann; Minutes of the previous meeting held May 16, 1983 were approved as written. Item .1 PUBLIC HEARING: Meridian Friends Church Annexation Mayor Glaisyer opened the Public Hearing regarding the annexation request by Meridian Friends Church. There were no comments at that time from the audience. Councilman Tolsma questioned as to the enclave being included in the annexation request per the recommendation of the Planning and Zoning Commission. Jack Newell representing the Meridian Friends Church stated that the Peckhams, owners of the property creating the enclave, are agreeable to coming into the City if they are not required to hook up to the sewer and water. Newell explained that the Peckhams are unable to hook up to the sewer because of an elevation problem with the property. Wastewater 5up't Earl Ward explained that at worst the Peckhams would be required to get another septic tank permit. Ward said that the Central District Health Department would then require a letter from.the City stating that the Peckhams are physically unable to hook up to the City Sewer .System. Ward stated that this procedure has been done in the past so there would be no problem. Roy Peckham questioned the reasoning of still having the hook up cost of $800.00, when he would be unable to Yiook up to anything, and would not be receiving any services. Mayor Glaisyer explained that the City has an Ordinance that requires anyone annexing into the City to pay the hook up fees. Councilman Crookston agreed that according to the Ordinance they are required to hook up to City Services. Crookston said that he felt in this case however, the Council could grant a variance to the Ordinance if the Peckhams can not physically hook up to the sewer, but must hook up to the water if annexed. Councilman Brewer questioned if it was against the Ordiances of the City of Meridian to allow an annexation and create an enclave. Crookston said that to his knowledge "there is nothing to say that you can not create an enclave." Brewer: "My feeling is, looking..at the circumstances, why not create an enclave, and worry about it later once these people have the ability to hook up to the proper facilities." Mayor Glaisyer: "Are there any additional questions or comments regarding this annexation request?" There was no response. Mayor Glaisyer: "I will now close the Public :Hearing." • • Meridian City Council 2. June 6, 1983 Item 1 Meridian Friends Church Annexation Request Cont'd , The Motion was made by Brewer and seconded by Orton to approve of the Findings of Fact and Conclusions prepared by the City Attorney concerning the Meridian Friends Church Annexation Request with the exlusion of Item #4 of the Conclusions. Motion Carried:.- Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea The Motion was made by Kingsford and seconded by Tolsma to approve of the annexation request by Meridian Friends Church. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Item 2 Arthur E. Leister, Jr.; Request to be charged for water only Arthur E. Leister, Jr., was present representing his request that he be charged for water usage only on vacant property located at 2011 N.W. 12th Street. Leister explained that the property is for sale at this time, and the water would be used to:~:keep the lawn green. Kingsford: "What happens to the grass clippings?" Leister: "I have the people taking them off." Kingsford: "So they go to the garbage man anyway." Councilman Kingsford explained to Leister that in the past the City has enforced that if you have a water hook up, you pay for those other services also. Kingsford said that he felt it was in the best interest of the City not to deviate from that policy. Kingsford also added that he was concerned that the Garbage Man would still be taking the grass clippings away for free. Crookston added that the Bonding Ordinance require that a unified billing be sent including water, .sewer, and trash. There was discussion. (Tape on File - City Clerk's Office) The Motion was made by Kingsford and seconded by Tolsma to allow Mr. Leister's request to a minimum charge on the sewer and that a regular billing on the water and trash be sent. Motion Carried: Kingsford yea; Tolsma, yea; Orton, yea; Brewer, yea Item 3 Bills The bills were read. The Motion was made by Kingsford and seconded by Brewer to approve the bills. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Item 4 Department Reports & Other Business Mayor Glaisyer reminded the Council that buget time is growing near, and urged that each Commissioner get with their Supt and start on their budget. A Workshop was set for Monday, June 13, 1983 at 7:30 p.m. for the Council to work on the Subdivision Ordinance. • L Meridian City Council 3. June 6, 1983 Item 4 Other Business Cont'd . Councilman Bill Brewer presented a request on behalf of Dan Crow to allow a 6 plex to be built. Brewer explained that Crow has received the proper :licenses from ACRD to build the 6 plex, as it will require Crow to use a portion of East Broadway Avenue for the perpendicular parking adjacent to the proposed 6'plex. There was discussion. (Tape on File - City Clerk's Office) The Motion was made by Kingsford and seconded by Tolsma to table the Dan Crow proposal until the next regular meeting of the Meridian City Council on June 20, 1983. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Ken Westby, a Citizen of the City of Meridian proposed to the Council that an Amercian Bicycle Association Track be built in Meridian. Westby said that the track would support and pay for itself in a very short period of time, and would be:'.uery prosperous to the City. Westby said that there is slot of interest in the building of the track and that he could provide the man power for the construction needed to build the track. Westby told the Council that he felt thru donations the money needed for the fencing of the track could be raised also. "All we need is the land," Westby said. Jerri Hansen, a Citizen also lauded the praises of building a track. It was decided that Westby should meet with Rick Orton, Parks Commissioner to go over the proposed idea. Being there no other business to come before the Council . The Motion was made by Brewer and seconded by Kingsford to adjourn at 8:10 p.m. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea AP RO D o eph Glaisyer, or ATTEST: J~ck''H. N'iemannf City Clerk Mayor ~l Council (5) P&Z lyYembers (5) Stuart; Ward; Schoen; Kiebert; Police; Fire; JUB; Atty;Hein; Valley News; Statesman; Press Tribune; Mail: ACHD: CDH: N/M Irrigation; ACC; AZD: AIC: Meridian Friends Church Arthur Leister Jr. Dan Crow File: Meridian Friends Church Dan Crow Proposal • • MERIDIAN FRIENDS CHURCH ANNEXATION FINDINGS OF FACT and CONCLUSIONS The above entitled annexation having come on for hearing on t9ay 9, 1983, at the hour of 8:00 o'clock p.m., the Petitioner, appearing through Jack Newell, before the Planning and Zoning Commission of the City of R4eridian 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: AMBROSE, FITZGERALO aCROOKSTON Atlomeye end Counselors P.O. Box 127 Meridian, Idsho 83812 Telephone 88B~N81 A parcel of land situated in the North half of the Southwest quarter of Section 12, Township 3 North, Range 1 West, Boise-P4eridian, Ada County, Idaho, being known as the West one-half of Lot 2 of WESTLAWN SUBDIVISION, filed of re co re] 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 90°00'00" 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, 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 0°02'05" East 994.33 .feet to a point on the South right-of-way of West Pine Street; thence alone said South right-of-way North 90°00'00" East 224.45 feet to THE POINT OF BEGINNING. • • ALSO INCLt?DED in the annexation property is the land between the above described parcel's North boundary and the center- line of Pine Street and the land between the above described parcel's South boundary and the South boundary of the Union Pacific Railroad right-of-way. ALSO INCLUDED is the following described property: Part of Lot 2 of WEST LAWN SUBDIVISION, according to the plat thereof, filed in Book 2 of Plats at page 94, records of Ada County, Idaho, described as follows: Commencing at the center of Section 12, T. 3N. , R. 1W. , B.M., thence West along the East-West center tine of said Section 12, which is also the center line of West l'i nc~ Avenue, a distance of 654.40 feet; thence due South to a point on the South right-of-way line of West Pine 1lvenue, 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. 4. That the owners of the property are the Dleridian Friends Church and Paul Flemminer; 5. That the proposed zoning of the property as "A" Residential is in accord with the lZeridian Comprehensive Plan and the proposed zoning ordinance and present zoning laws; 6. That the existing use of the property is a residential one; i and the use will remain a residential use, that is a church with a1 detached residence for use as a parsonage; 7. That no persons appeared at the public hearing objecting AMBROSE, FITZGERALD BCROOKSTON Attomeya and Counaeloro P.O. Box 427 Msrldlan, Idaho 83842 Telephone 8881481 to the annexation or the zoning; however, an adjacent property owner, Mr. and Mrs. Peckham, did appear due to the fact that if this annexation request is granted, it will create an enclave where his property is. The Petitioners had previously been informed that the City has a policy against annexations where they create enclaves. Attempts were made at the hearing to resolve the enclave problem by having the Peckham property included in this annexation. No resolution of the problem was recahed at the hearing; • 8. That the annexation of the property is reasonable and that it is not a shoestrinc3 annexation; 9. That the owners have rec~uesteci ~~nnrx~~ t i c»> ~-nci th:i t- I h i :; annexation has been instituted by them and not the C:i.ty; 10. That the annexation of this property will aid in the orderly development of the City; 11. That the Planning and Zoning Commission finds the annexa- tion 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 Meridian City water or sewer. CONCLUSIONS ' 1. That the City of Meridian has authority to annex property I 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 Ordinance's 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; 4. That the creation of an enclave is of concern to the Commission, but they also feel that the property should be annexed. RECOMMENDATION AMBROSE, FITZOERALD 8 CROOKSTON Attomsye end Counssloro P.O. Box X27 Merldlen, Idaho B36i2 Telephone BB8dI81 We the Planning and Zoning Commission hereby recommend to the ~ I City Council that this annexation be approved on the condition thal~ • • the Meridian Friends Church work out something with the neckh.~ms so that their property would be included in the annex~~ti.on. These Findings of Fact and Conclusions were on a vote of Yea Nea BOB SPENCER, CHAIRMAN JACK NIEMANN, City Clerk MARNELL CHENOWITH BOB GEISLER WALT MORROW TOM EDDY GERRY SWEET AMBROSE. FITZOERALD 3 CROOKSTON AHomeye arM Counaeloro P.O. Box 4T! McHdlen, Idaho B3Br2 Telephone BBB~481