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HomeMy WebLinkAbout1983 04-04e A G E N D A MERIDIAN CITY COUNCIL APRIL 4, 1983 ITEM: Minutes of Previous Meeting Held March 21, 1983 APPROVED 1. Transfer of Beer License Keystone Pizza to Great Western.Pizza APPROVED 2. Ted Nelson; Sanitary Service DISCUSSION 3. Roy Haney; ClAim on Relief Valve on Water Meter 4. Bob Anderson; Proposal for Kiddie Rides at Park 5. Earl Harmon; Meridian Place Amended Plat Request for Variance a. 100 sq. ft. reduction b. 2 car garage c. Geographical Designation of Homes 6. Ordinance #420 7. Amended Ordinance #416 DISCUSSION F03 f4GYR-J3 0) Nki APPROVED ATT'Y TO PREPARE FINDINGS TABLED APPROVED 8. Bills APPROVED L' • Meridian City.Council April 4, 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; Bill Brewer Council Members Absent: Rick Orton Jr. Others Present: Bruce Stuart; Doug Nichols; Win Churchill; Earl Harmon; O.T. Davis; Roger Welker; Vern Schoen; Ted Nelson; Teresa Sidener; Moe Alidjani; Michael Zuzel; Roy Haney; Earl Ward; Gary Smith; Terry True; Alice Gomzalez; Adam Gomzalez; Wayne Crookston Jr.; Pat Vicent; Tom King; Phil Buck; John Buck; Bob Anderson; Ada Anderson; Jack Niemann; Sylvia Horkley; Russ Crawford; Minutes of the previous meeting held March 21, 1983 were approved as written. Item 1 Transfer of Beer License from Keystone Pizze to Great Western Pizza Mayor Glaisyer: "Chief Nichols are there any comments on this transfer?" Chief Nichols: "Everything looks in order." The Motion was made by Kingsford and seconded by Tolsma to approve of the Beer License transfer from Keystone Pizza to Great Western Pizza. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea Item 2 Ted Nelson; Conditions -at -Sanitary Service Location on West Broadway Ted Nelson, 417 W. Broadway, was present representing himself and several of his neighbors. Nelson stated that they are very concerned about the activities of the Meridian Sanitary Service, and the present land use and the inappropriate zoning of the properties. Nelson stated that they would like to see several improvements. "Ultimately the highest improvement would be for: Mr. Alidjani to vacate his propetty and to move his operation to a true industrial neighborhood and not within an existing residential neighborhood." Nelson went on to say that Alidjani said "that he would do everything he could to improve conditions to maintain a favorable atmosphere. So far the omly atmosphere that is noticeable is that which emanates from his trucks, and that is far from favorable." Nelson appealed to the Council Members to "prevail upon Mr. Alidjani to move his operations to a more proper area." Nelson stated that if Mr. Alidjani does not move his operation "we would request the following conditions be met within the timetables mentioned." "l.) Immediately begin to totally empty each truck each day and wash each truck at the conclusion of each use. 2.) Trucks which experience mechanical failure must also be emptied and washed. 3.) A general cleanup of the area must be done within 30 days. 4.) The road must be paved or at least oiled within 45 days to prevent objectional dust in the neighborhood. 5.) The entire property must have a chain link fence, of at least 8 feet on the sides and back, and 4 to 6 feet in front, installed at Mr. Alidjani's expense within 60 days." Nelson presented several photos of the Sanitary Service property depicting the conditions existing on the property. Some of the photos included full garbage trucks parked on the lot. Nelson told the Council that the photos had been taken on a Sunday and that the garbage had been in the trucks for the weekend. Nelson stated that the other concern of the neighborhood was the present zoning. Nelson: "The present land use of all other properties on West Broadway is residential in nature. We feel that the zoning applied to these parcels is not only inappropriate but patently wrong. It is not in the public interest to run -.a zoning change down the middle of a street." "The present zoning would have all the homes on the North side of Broadway eventually face an industrial neighborhood." • Meridian City Council 2. April 4, 1983 Item #2 Ted Nelson; Conditions at Sanitary Service Location on West Broadway . . . . . Nelson went on to say that "the fact that the railroad runs past the rear of our properties does not justify an industrial classification." Nelson stated to the Council that "we therefore enlist your support in requesting a zoning change for the area from industrial to a residential classification that is in keeping with the present land use and desires of the property owners. We feel that such a move would solidify the neighborhood and lend a cohesive and economical imp-_ provement." Several of the neighborhood residents were present to voice their opinions on the location of the Sanitary Service. Pat Vicent, residing across the street from the Sanitary Service stated that she "was not aware of this going in, or of the Industrial Zoning." Vicent stated that since this has gone in, she is wanting to sell her property. Vicent said that she had persons look at the property and report that the property has decreased in value of 10,000 to 15,000 dollars, because of the Sanitary Service Business across the street. Vicent said that she is "quite concerned." Tom King stated that it is :virtuallyci:mpossible for Mri%:,Nelson,to use: his_back Yard because-;of�the odor emanating from the Sanitary -Service garbage trucks. Another resident of the neighborhood, Phil Buck, was present to speak out against the location. Mr. Buck said that he too would like to sell his property, but now can not get '!what it is worth." Buck said that he realized that Alidjani had put some money into the location, but "I too have put money into my place." Buck said that he is "very unhappy" with the situation and hopes that something will be done to relieve it. Roy Haney, 502 W. Broadway, stated that he felt that "it was not right to have an oper- ation like this in a neighborhood." Haney said that Alidjani does not keep up the property at all. Mayor Glaisyer called for any other comments. There was no response. May-6r.-Glaisyer stated that this property has been industrial use for many years. Glaisyer also stated that the City of Meridian does have a Nuisance Ordiance, and that the situation should be turned over to the City Attorney for reviewal of that Ordinance and for recommendation. Councilman Brewer said that he would like to take the matter under consideration and try to come up with alternatives that will satisfy both sides. Councilman Kingsford, the Sanitation Commissioner suggested that he meet with Alidjani, Nelson, and others interested and see what types of remedies they can come up with to the satisfaction of everyone concerned. It was decided that Ted Nelson would act as the spokesman for the neighborhood group, and meet with Kingsford and Alidjani in the near future. Item 3 Roy Haney; Claim on Relief Valve on Water Meter Roy Haney was present$tt representing his request that the City of Meridian be responsible for a billing of $222.67 due to Hyde Park Plumbing. Haney explained that he had a new Water Heater installed on 1-27-83. Water leaked out of the relief valve onto the garage floor, sometimes a great deal. Hyde Park Plumbing was called, and proceeded to replace the relief valve twice thinking that was the problem. When this failed to stop the leakage, Hyde Park Plumbing then installed a pressure graphing device to record any variances in pressure on a clock. Russ Crawford, a representative of Hyde Park Plumbing presented the clock graph to the Council with showed the radical pressure changes over a period of 24 hours. Crawford said that the graph is "very specific and very exacting." Crawford said that the problem was caused by excess pressure due a check valve installed by the City of Meridian at the meter yolk. "Since the removal of -the Check Valve, there has been no leakage at all", Crawford said, and that he concurs with Mr. Haney that he "can- note -accept the responsibility" for the amount due to Hyde Park Plumbing. • • Meridian City Council 3. April 4, 1983 Item 3 Roy Haney; Claim on Relief Valve on Water Meter Cont'd . . . . . . When questioned on why the Check Valve was used, City Engineer Gary Smith explained that the check valve "acts as a safety check for the prevention of back flow from the residence if there happns to be a cross connection occur in the residence." Smith said that the check valve "acts as a safety feature in getting that water back into our system." Smith stated that this has been City Policy for 5 to 6 years, and a small check valve on the discharge side of the meter yolk has been installed in 1/4 to 1/2 of the meters in the City. Bruce Stuart, City Water Sup't. said he "can't see one giving a problem when there are so many all over town." Councilman Bill Brewer said that he is also mystified as -to why this has not occurred an3� where else in town, and suggested that Supt. Stuart, City Engineer, Mr. Haney, and Russ Crawford meet".with the Water Commissioner Rick Orton 3r. on his return, and set down and work the problem out, then make a recommendation to th& City Council. This arrangement was agreeable with the interested parties. They will meet *ith Councilman/Commissioner Rick Orton Jr. when he returns from California, where he is working on a project at the present time. Item 4 Bob & Ada Anderson; Proposal for Kiddie Rides at Park Bob & Ada Anderson were present representing their proposal to the City of Meridian to develop and maintain a Kiddy Land between the Meridian Speedway in the unimproved area, and the ball fields. Bob Anderson stated that this would be a high standard park that would bring young families from the whole Boise Valley to Meridian. Anderson said they would like a long term lease to secure the investment of the Kiddy Land. Anderson explained that the objective of the Kiddy Land would be to "create an atmosphere appealing to the young family by providing a clean, safe, amusement area." "The walkways will be blacktopped or cement with each ride fenced aftd1_a security fence around the entire area., Anderson said. Anderson told the Council that the space needed should be 100 ft. by 100_ft. Anderson presented drawings and an explaination of the rides proposed for the Kiddy Land. (Tape on File City Clerk's Office) Anderson also said that all maintance will be taken care of by them. Councilman Bill Brewer said that he has several concerns about the proposal. "The Senior's: -have a long term lease on 3 acres there, I'm concerned about the policing and security in that area at night," "There is racing on Thursday, Friday, and Saturday nights, the dust and the noise on racing nights," "Dairy Week Carnival," "It is just to tight for space in there - I can`t see how it could work," Brewer said. Councilman Tolsma also stated some of the same concerns. Tolsma said that area is "right in the middle of the Baseball parking and the Speedway parking area." Police Chief Doug Nichols said that he is concerned about the security of the area both after hours and during operation. Councilman Kingsford suggested that Anderson meet with the Park Commissioner Rick Orton, to gather some ideas and facts of what might be required, and what other areas might be available. Kingsford said that he "liked the merrit of the program." Anderson thanked the Council for their time, and said that he would meet with Orton in the near future. Anderson also stated that he had some other properties in mind that he would like to research. "We would like to stay in Meridian if possible." • C: Meridian City Council 4. April 4, 1983 Item 5 Earl Harmon; Amended Plat Meridian Place & Request for Variance on Square Footage Requirements Winston Churchill, an Attorney representing Ada West Properties, Meridian Place Subdivision, was present. Churchill stated that the amended plat in,'accordance with Ordinance #416 had been filed. Ada West Properties, Meridian Place Subdivision is also requesting a variance for a 100 square foot reduction in house size, a:.variance on a 2 car garage, and a variance to the geographical designation of the homes. Churchill 0ited "hardship on the Subdivider" as the reason for the variance request. City Attorney, Wayne Crookston explained that the purpose of the amended plat was to give notice to a buyer of what size home could go on what lot. It the Builder wishes to change, --he must come back to the Council with an amended plat with the designations on the amended plat. Mayor Glaisyer: "The neighbors within 300 feet have been notified. Is there anyone in the audience that wishes to speak to this request - either pro or con?" Terry True, owner of 5 acres just West of Mr. Harmon stated that he is concerndd-;about just how many homes are going to be in the area? Churchill explained that there are 70 lots total, but only 22 lots in phase 1. L.T. Davis was present and stated that he had purchased 22 lots from Mr. Harmon. Davis said that his development has been plotted, and it "won't bother him" if there is a reduction in square footage size. Davis stated that his platting is done, and wont be changed, even if the variance is granted. City Building Inspector, Vernon Schoen said that the amended plat meets all the requirements of Ordinance #416. Councilman Kingsford stated that he felt the City is "going the wrong way." "There is a need for starter homes," Kingsford said, "and we should take our share of the smaller homes. My concern is that we have alreadyk:taken_3nore -than our share." Councilman Brewer also expressed his doubts on the need for the square footage reduction. Brewer said that "times have improved," and that he wouldn't "be entitled to approve of a variance now." Earl Harmon, Owner of the Property stated that he felt the request was in order. Harmon said that he has had the opportunity to sell and for homes to be developed, but the buyers "won't do it with the 1,350 building size requirement." Harmon said that he "needs relief of somee.kind_to=.market the ground." Councilman Brewer: "We have our fair share of low square footage homes. Times are better now. I don't think it would be proper to downgrade our Ordinances or our ideals." The Motion was made by Kingsford and seconded by Brewer to approve of the Meridian Place Subdivision amended plat as presented. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea There was discussion concerning the preparation of the Findings of Fact and Conclusions of Laws concerning the request for the 3 variances. (Tape on File - City Clerk's Office) The Motion was made by Tolsma and seconded by Kingsford to instruct the City Attorney to prepare the Findings of Fact and Conclusions of Law based on the request for the 3 variances, by Mr. Harmon, all costs to be incurred by the developer. Motion Carried: Kingsford,yea; Tolsma, yea; Brewer, yea • C Meridian City Council 5. April 4, 1983 Item 6 Ordinance #420 The Motion was made by Kingsford and seconded by Tolsma to table Ordinance #420 until Councilman Rick Orton Jr. was present. Motion Carried: Kingsford, yea; Tolsma., yea; Brewer,yea Item 7 Amended Ordinance #416 Mayor Glaisyer read: "AN ORDINANCE REPEALING SECTION 9-615, TITLE IX, CHAPTER 6, REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, ENTITLED RESIDENTIAL DEVELOPMENT, EMERGENCY INTERIM, MORATORIUM, AND PROVIDING A NEW SECTION 9-615 TO BE ENTITLED RESIDENTIAL HOUSING STANDARDS." Mayor Glaisyer: "Is there anyone in the audience that wishes Ordinance #416 read in its entirety?" There was no response. Attorney Crookston explained that Amended Ordinance #416 is due to a typographical error. 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 *ith and that Amended -,Ordinance Number 416 as read be passed and approved. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea Item 8 Bills The bills were read. The Motion was made by Kingsford and seconded by Tolsma that the bills be approved. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea Being there no other business to come before the City Council . . . . The Motion was made by Kingsford and seconded by Brewer that the meeting be adjourned at 9:10 p.m. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea ATTEST: , City Clerk P&Z Comm (6) Schoen; Smith; Atty City Treasurer; Police Fire; Stuart; City Clerk Valley News; Statesman Press Tribune Ada County Comm; ACHD: Ada County Zoning Dir; APA i�•111 PH GLAISYE Central District Health Dept. Nampa -Meridian Irrigation Gus Hein File: Meridian Place Mail: Great Western Pizza Ted Nelson; Mo Alidjani Roy Haney Bob & Ada Ande:,rson Earl Harmon (Meridian Place) r_ 3 April 4, 1983 Mr. Mayor, Members of the City Council Gentlemen: I am here on behalf of myself and several of my neighbors. We live on West Broadway EeFm West 4th to the end of Broadway. Our concerns center on the following two items: 1. The activities of the Meridian Sanitary Services and Mr. Mohammed Alidjani. 2. The present land use and the inappropriate zoning of our properties. In reference to the first mentioned item, we would like to see several improvements. Ultimately the highest improvement would be for Mr. Alidjani to vacate his property and to move his operation to a true industrial neighborhood and not within an existing residential neighborhood. When Mr. Alidjani first moved his operation to its present location he approached several of the residents requesting that we exhibit good faith and neighborliness. He said that he would do everything he could to improve conditions to maintain a favorable atmosphere. So far the only atmosphere that is noticeable is that which emanates from his trucks and that is far from favorable. If you as guardians of the public trust cannot prevail upon Mr. Alidjani to move his operations to a more proper area we would request the following conditions be met within the timetables mentioned. 1. Immediatelyto totally empty each truck each day and wash each truck at the conclusion of each use. 2. Trucks which experience mechanical failure must also be emptied and washed. 3. A general cleanup of the area must be done within 30 days. 4. The road must be paved or at least oiled within 45 days to prevent objectional dust in the neighborhood. 5. The entire property must have a chain link fence, of at least 8 feet on the sides and back and 4 to 6 feet in front, installed at Mr. Alidjani's expense within 60 days. Page 2 May I offer the following photographs as examples of our concerns. #2 The present land use of all other properties on West Broadway is resi- dential in nature. We feel that the zoning applied to these parcels is not only inappropriate but patently wrong. It is not in the public in- terest to run a zoning change down the middle of a street. Common zoning practice relagates such changes at the rear of properties. The present zoning would have all the homes on the north side of Broadway eventually face an industrial neighborhood. We feel that the fact that the railroad runs past the rear of our properties does not justify an industrial classification. The expense incurred to tile the present drain ditch, canal, and irrigation ditches would be prohibitive for such a small area. We therefore enlist your support in requesting a zoning change for the area from industrial to a residential classification that is in keeping with the present land use and desires of the property owners. We feel such a move would solidify the neighborhood and lend a cohesive and economical improvement. Thank you, .� ;«p ,' a� �C1 y1 �3 Bob and Ada Anderson propose to the City of Meridian to develop and maintain a Kiddy Land between the Meridian Speedway in the unimproved area, and the ball fields.; We propose a high standard park that would bring young,�,�. j J� „r f families from the whole Boise Valley. We would like a long term lease to secure our investmen.t.�' s f H � �w • OBJECTIVES 1. We want to create an atmosphere appealing to the young family by providing a clean, safe, amusement area. Thespace needed should',, be 100 ft. by 100 ft. The walkways will be blacktopped or cement`, with each ride fenced and a security fence around the entire area. Other areas will be landscaped and sodded. We have big painted cutouts of children's favorite characters such as ducks, bears, pigs and other animals. There will be bright,painted trash cans, potted flowers and rock gardens. There will be two night lights.! 2. We own the following rides: Bulgy the Whale 8 riders , Wet Boat 12 riders Midget Race Cars 9 riders Airplane Swing 5 riders Whip 8 riders The equiptment we are using is of high duality and is designed for safety by leading, well known manufacturers in the amusement business. (Murdock Co. and Eyerly Aircraft Co. Salem, Oregon) Each ride will be inspected by certified welders and electricians prior to each season's opening. Operators of rides will be trained in safety to prevent accidents. 3. We have an Eli Big Wheel Ticket Stand (A Collector's Dream of the'' 1920's) 4. A small concession stand will fit into the atmosphere. The menu will include: cottoh'candy, sno cones, popcorn, soft drinks, ice cream on a stick, and hot dogs or corn dogs. 5. Projections for the future: Merry-go-round, Train ride around the other rides, Minature Ferris Wheel, and Minature Golf. 6. Season: June, July, August with weekends in May and Sept. weather permitting. 7. Hours: 12:30 until dusk 8. Insurance will be $300,000.00 liability with a million dollar umbrella. 9. Maintance: we will take care of daily clean up, gardening and grass grooming. 10. Background Experience: Bob has'12 years experience as a small business owner and has a backg�'Qund in banking. Ada has had 10 years experience with ,Lorih �,drr park Kiddy Land, Ogden, Utah. ,j L 1 •Y: 1f .1 . l G^ 1 I" If 1 �.r A� �r ',I t � L L I vi p6+ s e W Speed wA7 • Yo f ho �)N cal e I t 4 1 UhPlaled( �r load /1/ow bee hq used r V I I IO r1 1, 1 � I I L ,fir �•! , � Il��i?�'trl�r' dl�; c l i`i �� ��" t9 e � r'.z V"• 1 Pr t�1 YI 91� 9 �n '_ ID �I1s 41��::�fP�Mt 8j� I hl;jr.l �� li 1 t � 1 I I i � 7 Alo 1�•IIC I hl;jr.l �� li 1 I �l l �r