1986 06-16•
A G E N D A
MERIDIAN CITY COUNCIL
June 16, 1986
ITEM:
•
MINUTE OF PREVImZDS MEETING HELD JUNE 2, 1986: (APPROVED)
PROCLAMATION DECLARING WEER OF JUNE 22-28, 1986 AS QRU WEEK:
1. PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY RON VAN AUCKER:(APPROVED)
2. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY LARRY BOWEN:
(APPROVED)
3. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY CECIL CHERRY
& SONS: (ATTORNEY TO PREPARE NEW FINDINGS)
4. APPROVE ADDENDUM AGREEMENT WITH SANITARY SERVICE AND AUTHORIZE
SIGNING OF THIS AGREEMENT: (APPROVED W~TH ~G~S)
5. DEPARTMENT REPORTS:
~
.
MERIDIAN CITY COUNCIL JUNE 16, 1986
Regular Meeting of the Meridian City Council called to order by Mayor
Grant Kingsford at 7:30 p.m.:
Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler:
Others Present: Marilyn Razutis, Tracey Hampton, Patricia Donahue,
Maria Azevedo, Jim Christie, Bruce Raluson, Lloyd Howe, Dorothy Rodda,
Mo Alidjani, Kenny Bowers, Roy Porter, Gary Smith, Wayne Crookston,
Terry Tingy, Rod Brady, Kim Cherry, Cecil Cherry, Dennis Kelly, John
Sutton, Bob W'herry, Miriam Barr, Bob Spencer, Jim Hollingsworth,
Ronda Lowe.
The Motion was made by Tolsma and seconded by Giesler to approve the
minutes of the previous meeting held June 2, 1986 as written:
Niotion Carried: All Yea:
Mayor Kingsford read a Proclamation declaring the Week of June 22-28
1986 as Meridian Quick Response Week:
Item #1: Annexation & Zoning Request by Ron Van Aucker: Public Hearing:
Mayor Kingsford, is there someone present to represent this request?
Dennis Kelly, 326 North Orchard, Boise, Idaho: Mr. Kelly was sworn by
the City Attorney:
Kelly gave a brief description and the boundries of the property in
this request and advised the Council that they were requesting this
property be zoned Light Industrial (IL). Are there any questions of
the Mayor or Council on this request? There were none.
Mayor, I will now open the Public Hearing, is there anyone present who
wishes to testify on this Request? There was no response. The Public
Hearing was closed.
The Motion was made by Brewer and seconded by Giesler to approve and
adopt the Findings of Fact and Conclusions as prepared for the Plannin.g
& Zoning Commission on this request.
Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Brewer, Yea:
The Motion was made by Brewer and seconded by Tolsma to approve of the
Annexation with Light Industrial (IL) Zoning and instruct the City
Attorney to prepare an Ordinance to reflect this approval:
Motion Carried: All Yea:
Item #2: Public Hearing: Request for Conditional Use Permit by Larry
Bowen:
CITY COUNCIL • •
JUNE 16, 1986
PAGE # 2
Mayor Kingsford, is there sQm~o~e in the audience to represent this
request?
Jim Christie, 40 West Franklin, Meridian, Idaho: Mr. Christie was
sworn by the City Attorney:
Mr. Bowen is anticipating opening a photography shop in the Hosely
home, this is a historic house located at 49 East State Ave. It will
not dimish from the historic value, there will be no photo processing
there, it will be just for the taking of pictures.
Brewer, what I would like to elude to and it is causing concern is the
parking situatio~ he keeps assuring us that there will be no parking
problem, that there will only be one or two people or one or two cars
there at a time, however it is a commercial venture in a residential
neighborhood. The only verbal or written testi.mony is the Hall Family
and they are o~posed to the project. If the parking does create a
problem is he prepared to provide parking on the back of the lot?
Christie, he was offered parking by Jay Johnson which is property
behind his, he also has a driveway which is 70 feet long by 16 feet
wide which could hold six cars. He also has a garage which will
accomodate his personal vehicles.
Giesler, it is a commercial venture and I hate to see these homes go
to commercial use with Con~itional Use Permits, I think it should be
zoned properly for this use.
Brewer, this was my thinking until I was reminded that in the Old Town
District, Conditional Use Permits are the legal thing for any change
of useage under our Ordinance.
Mayor, I think you need to understand that the CUP is not transferable
and it limits the use where if it was zoned Commercial they could
conduct any kind of business out of this location.
Mayor, does Mr. Bowen pian to just operate this himself?
Christie, there would be just him and an assistan~, the most he wou~.d
have would probably be three cars there, one going, one coming and one
pricing or shopping. He will do this on appointment basis only. He
wanted this home for the background inside and out for his photography.
Mayor, is he aware as to comments as to commercial sewer and water?
Christie, yes he is. He also plans on living there himself.
Mayor, are there any other questions of the Council? There were none.
The Public Heari~.g was opened. There was no one present who wished to
testify on this request. The Public Hearing was closed.
The Motion was made by Giesler and seconded by Brewer to approve and
adopt the Findings of Fact and Conclusions as prepared for the Planning
and Zoning Commission.
Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Brewer, Yea:
MERIDIAN CITY COUNCIL • •
JUNE 12, 1986
PAGE # 3
The Motion was made by Giesler and seconded by Myers to approve of the
Conditional Use Permit for Larry Bowen for a photography studio at
49 East State Ave. under the conditions as stated in the Findings of
Fact and Conclusions.
Motion Carried: All Yea:
Item #3: Public Hearing: Conditional Use Permit for Cecil Cherry & Sons:
John Su~ton,Attorney w/ Harris & Sutton was present to represent this
request. ~
Sutton, I have some pictures for the Council to review to see the
location we are talking about, what Mr. Cherry seeks to do is have
installed a laundry facility, I would like to point out to the
Council the type of facility Mr. Cherry is seeking to place, it is
a hi-tech laundry facility which is rather small in size, it looks like
the facility in this brochure and pictures which I will give you a
copy of. There has been some resistance to having this at this location,
It is my understanding the Council would prefer having a professional
park at this location rather than having a mixed use. Unfortunate-l-y:_it
seem to us the community has not supported a professional park,"~he
Cherry's have tried to locate other tenants to fill this facility. The
type of use we are talking about is, we believe economically compatible
with the existing use that is in there. We have some statements to present
to you tonite from people who are in alike situations as what we propose
the City Council to review tonite. This statement is from a CPA Firm in
Nampa who is located next to laundry facility.
Mayor Kingsford, if I may interupt Mr. Sutton the approach you are taking
I believe it would be appra~piate that you be sworn since you are giving
new testimony.
Mr. Sutton was sworn by the City Attorney.
Sutton, The statement from the CPA Firm advises they have no problems
from being located next to the laundry facility. I also have a state-
ment from a dental office that has no problems being located next to
a laundry facility. The facility.proposed by Mr. Cherry is a rather
small operation and would not have a heavy use. There is not a high
traffic count involved in this type of facility, most of the traffic
count takes place after hours. A Statement from Tomjack Equipment was
presented to show the traffic count and the hours this occured.
We do not think due to this fact the people already in the facility
would be greatly effected by this traffic as it would occur after their
regular hours. We also believe there has been some objection raised that
there is a Mobile Home Park close to this proposed facility and that it
would create~: traffic hazard or create an extended use by the Mobile
I~ome Park and it would create an influx of people carrying their laundry
across a main thoughfare to this location. Mr. Cherry and his family have
done some research in that area and have contacted the residents of that
Park and of the 43 contacted only 11 would anticipate using this facility.
Only three or four indicated they might walk. On one hand I can applaud
the Council for them wanting a professional parl~, but if it is not being
supported by the community then what is happening the Cherry family is
being forced to suffer economic waste and they are unable to use their
MERIDIAN CITY COUNCI• •
JUNE 16, 1986
PAGE # 4
facility, unable to seek other tenants to go in there, now they must
have their facility remain vacant. We suggest the type of facility
~ gro.po~e~`==. would be a benefit to the City, it would not be an eye-
sore. Any questions of the Council?
Mayor Kingsford, the pictures or the facilities you were talking about
in Nampa & Boise, what is the machine count in those?
Mr. Cherry, twenty eight or thirty. There probably would not be more
than eight people there at one time as most people use four or five
machines at a time.
Giesler, I have had some concern about the Trailer Court across the
street, actually the amount that said they would use it is higher than
I anticipated that is almost one-fourth and we also have Embassy which
is adjacent to this Park and there are 141 spaces in that Park that seems
to me we might in fact be causing a problem, I don't think we would have
any way of getting a crosswalk, being so close I am not sure that we
would not have a problem with pedestrian traffic there.
Sutton, unfortunately we did not receive anyone definately saying they
would use the facility, they say they may use it occasionally.
Brewer, than the signatures on these pages and pages of signatures can
not be important either, as far as I can see.
Sutton, why wouldn't they be important.
Brewer, why would they object to a laundromat across the street if they
are not going to use it. To me they have no bearing.
Sutton, we suggest that they may have some bearing as they are a resident
in the proximity of the facility being proposed.and we have other resid-
ents in the area objecting to this facility.
Mayor Kingsford, are there any other questions of the Attorney, if not
I will now open the Public Hearing:
Dr. Jim Hollingsworth, 403 Cherry Lane: Dr. Hollingsworth was sworn by
the City Attorney:
Hollingsworth, I came to Meridian from Boise to work with Dr. Sams and
one of the reasons I came here was I liked the idea of having a Profess-
ional Park. With the change that is going on with the improvements in
the road in that area Meridian may desire to keep a professional park
at that point. I would like to see it kept that way.
Terry Tingy ,tenant of the building, Mr. Tingy was sworn by the City
Attorney.
Tingy, I occupy the East Suite of the three suite building and i feel
if this is allowed to become a commercial venture i do not believe it
will be compatible with the image I wish to ~?~ey with my orthodonist
practice and I would assure you I would move my practice to a different
location if this is allowed to go in.
Rod Brady, tenant of the building, Mr. Brady was sworn by City Attorney.
MERIDIAN CITY COUNCIL • •
JUNE 16, 1986
PAGE # 5
Brady, I pratice denistry in the opposite side of the building from Dr.
Tingy, I oppose the laundromat in the same building that I am located
in. They have expressed that it might not be to busy during the day,
my main concern is in the evening when I am not there. I do not feel
comfortable having a crowd of people around when my office is closed.
Mayor Kingsford, I have heard and ynu certainly do not have to answer
that you plan to leave in any event whether this is approved or not.
Brady, no my intentions were not to leave in any event, my intentions
were to get a bigger office. I told the Cherry's that I would be inter-
ested in changing my office to the center space.
Kim Cherry, 1524 Meridian St., Mr. Cherry was sworn by City Attorney:
Cherry, if we do not obtain approval for the laundromat , we would like
to obtain longer leases from our present tenants. We were only able to
obtain short term leases from these tenants and that is when we begin
pursuing this other useage for the buil.ding. We need to make this project
financially feasible and have committments for the space. There seems
to be a lot of professional office space vacant in Meridian.
Cecil Cherry, 7585 E. Ustick, Mr. Cherry was sworn by City Attorney:
Cherry, we have been trying to work with the Doctors in every way, they
will not give us any kind of committment. We have had tenants in this
over the years that were a lot worse than a laundromat would be. U7e
started out with a goal and it hasn't worked out I understand that, but
if you start out on something and it is not good the only thing you can
do is back up and start out in a different direction. We attempted to
do this four years ago and there was opposition to the laundromat so we
dropped the request. If the Doctors are not going to stay there what are
we going to do with the building. If they are not going to stay there
we think we should be able to do something else. We met with all the
people in the one trailer court and everyone in there was favorable to
this useage of our building. I don't believe there is going to be any
problem with the traffic or people walking to the laundromat. We have
been told that if we are not approved for a laundromat that there wil~
someone else putting one in. We need a facility here to take care of the
one who are going out of town. The facility we are thinking about insta-
lling is very good. We would keep it up. The trade that use a laundromat
is working people who want to get their laundry done at one time. They
use several machine at one time. We are planning a very nice facility ,
we are planning on spending s~~f~~€ in the neighborhood of $100,000.00
to improve the land and instal~. the facility. Mr. Cherry stated reasons
to the Council why they should approve the laundromat.
Mayor Kingsford, is there anyone else present who wishes to testify? There
was no response. The Public Hearing was closed. There being new testimony
I think the Law will require we have new Findings of Fact & Conclusions.
Any comments of the Council?
Brewer, there has been a lot of new testimony, I know the Cherry's would
have a nice facility, however I have set on the Council since we did the
orginal concept and zoning, when this came four years ago, I was opposed
to it and I think I have to still be opposed to this request now, from the
. , . ~
MERIDIAN C.ITY COUNCIL • •
JUNE 16, 1986
PAGE # 6
standpoint there have been loyal tenants on both side of the building.
Especially on the one side since the building was approved as profess-
ional unit. We have heard testimony from four, Dr. Sams called me on the
telephone, we have another dental facility on the corner of Cherry Lane
& NW 8th., that is six doctors within approximately a block area, it is
tending to be a professional area, Mr. Cherry eluded to the professional
building available in Meridian, these are not in the location the ones
on Cherry Lane are, as to Mr. Cherry's statement that someone else was
going to do it if they did not, there is a lot of commercial space avail-
able for this type of operation. I do not think I would vary from my
decision, it was approved as professional buildings and was built for
that purpose ancl used for that purpose and I would find it hard to app-
ove any change of use.
The Motion was made by Brewer and seconded by Myers to instruct the City
Attorney to prepare new Findings of Fact & Conclusion taking into consid-
eration the additional testimony presented at this Public Hearing and that
additional written testimony wi11 be received until 5:00 p.m. on June 17,
1986:
Motion Carried: Al1 Yea:
Kim & Cecil Cherry questioned the need for Findings:
Mayor Kingsford explained that these are required by Law.
Item #4: Addendum Agreement with Sanitary Service:
Mayor Kingsford, the Council needs to approve this addendum and authorize
the signing by the City of this addendum. Any questions of the Council?
Myers, as you know the reason for this is there was no clause in the o~inal
contract with Sanitary Service as far a a hold harmless agreement or to
take it further have the City named on their Insurance Policy. I visited
with Mr. Alidjani on this and there is no problem being named on his
insurance as additional insured and the hold harmless agreement is well
drawn. The only question is they only have $350,000 liability coverage
and we are requesting $500,000.00. Mr. Alidjani has some concern about that
as it was not in his budget and he has asked if the additional coverage
could be put off until January 1., from my stand point I do not have any
problem doing that but talking to the City Attorney he does not agree with
that. The main thing we want to do is get this into effect to protect the
City if something happens.
Attorney, the State Law requires that the City have $500,000 and even though
Sanitary Service is independent contractor, that his limits be the same as
the City is required. If there was a claim I think it would be highly un-
likely that the City would notalso benamed in the action. I think that the
limits should be the same as the City.
There was discussion by the Council on this
Cities Insurance would not pay if claim was
not on our policy.
The Motion was made by Giesler and seconded
addendum agreement with Sanitary Service wi
the 350,000 liability until October 1, 1986
matter. It is possible the
filed as Sanitary Service is
by Myers to approve of the
th the change that we accept
at which time it will be
MERIDIAI~T CITY COUNCIL • •
JUNE 16, 1986
PAGE # 7
increased by Sanitary Service to the required $500,000.00, and that the
Mayor & City Clerk be authorized to excute this agreement.
Motion Carried: All Yea:
Department Reports:
City Attorney, As the Mayor & Council are aware a letter was received
from Price Development Company which stated they were not renewing the
letter of credit and the Council needs to take some kind of action on
this. There are several options open on this subject, you can annex all
or part of it, extend a grace neriod to Claremont Development, start
proceedings to change the ~ompr~~her~~it~~ Plan, and many others :
The Mayor & Council discussed the different options.
The Motion was made by Myers and seconded by Brewer to have the City
Clerk write a letter to Phil Davidson, Claremont Development Company
asking him if they have any intention of going forward with this project
and renewing the letter of credit and giving him a deadline of July l,
1986 , to respond and if we have not received a reply by that date that
the project be dropped:
Motion Carried; All Yea:
Being no further business to come before the Council the Motion was made
by Myers and seconded by Brewer to adjourn at 9:00 p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
v+
T KINGSFO ,
ATTEST:
ac~k Niemann~/, City C
Mayor,/& Council
P&Z Commission
Atty, Eng, Fire,
Police, Ward, Stuart,
Mitich, Keibert,
Valley News, Statesman
Hallett, ACHD, ACC,
NIMD,CDH,ACZ,
Mail (4)
File (4)
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TO~ACK EQUIPMEN7' SA ES CO.
~aun&zx~ an8 ~z~ `l'oleanin~
~oute 3 ~ox 586
ONTARIO, OREGON 97914
TELEPHONE (503) 889-2376
June 6, 19~6
NIr. ~ecil Cherry
75$5 ~• Ugtick Bd.
Meridian, Idaho ~364z
Dear Mr. Cherry;
Coacerni.~g pour req~es~t for a traffic co~.nt for pour proposed
eoia l~t~ndrp in Mer3dian. The brea,kdown for l~ cars a day
should be spr8ad acrcass the day as follows;
1r cars 7am to 16 am
3 cars l0am to 3Pm
3 cars 3Pm to 6pm (after school)
5 cars 7 pm to 10pm ( after work)
On S$turday i~ will be spresd evealp over the daq.
1~'o~mally people do not walk to a lauadry unless they have
~ust one sma.ll basket. Most people have more tlaan oae load,
must carry soap and bleach, and mr~p have ~mall children, ~here-
fore ~heg use the caro
We Mope this will help gou understand your tr~f'fic patterns.
3ia~erely,
Tom~ack
t, ~ ~ •
RAINBOW LAUNDRY CENTER
816 1&h Aue. So.
Nampa, /daho 83651
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• •
JIINE 13, 1986
TO WHOM IT MAY CONCERN
THE DENTAL OFFICE FOR WHOM I WORK FOR (DR HYMAS) IS LOCATED
IN THE 5-MILE PLAZA. NEXT DOOR TO OUR OFFICE IS DAISY
DRY CLEAINING. THE DRY CLEANING BUSIATESS DOES 1VOT CAUSE
ANY EXCESS NOISE. HOTnTEVER THE CUSTOMERS FROM THE DRY
CLEANIIVG BUSINESS WHO SEE OUR OFFICE WHILE DOING BUSINESS
HAS HELPED PRODUCE SOME NEW PATIENTS.
SINCERELY
~~~~a~
: ; • •
Smith, Bailey 8. Co.
Certifled Public Accountants
Cecil Cherry
7585 West Ustick
, Meridian, Idaho
83642
We have an accounting business in the Nampa Professiona.l Office Building
at 812 12th Avenue South, Nampa, Idaho. Our business adjoins a laundry
facility. We have not had any adverse effects from being located next
to the laundry facility. ~
Very truly yours,
~~i~~ °~°1~ ~
T. Bailey ~
~{~ ~ E~
and J. h
812 B Twelffh Avenue South • P.O. Box 876 • Nampa, Idaho 83653 •(208) 466-2493 •(208) 888-9889
CITY ~:~ ,"~1~~T' .y1i:'. .?,...'"i'?'dt . 1 '_1N1SVli
. , C~ty of Meridian
' ~ • Ada County, Iaaho •
ORDINANCE 466
VERBAL TESTIMONY of SPEAKERS at PUBLIC HEARING
SING-UP SHEET
EVERYONE MUST SIGN THIS SE~ET IF THEY IrJI~H Tp SPEAK!
PRINTED NAME SI~IQED NAME
RESIDENTIAL ADDRESS
TO SPEAK
YES NO
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RE L'ALLEI'
. • ~
HUB OF TREASU
A Good Place to Live
OFFICIALS
JACKNIEMANN,CItyClerk
A M
KIEBERT
Treasurer
CITY OF MERIDIAN COUNCILMEN
OLSMA
RONALDR
.
,
BRUCE D. STUART, Water Wake Supt.
WAYNE O. CROOK8TON, JR., nnomey
. 7~ Merldian StI'22L .
J. E. BERT MYERS
ROBERT GIESLER
EARL WARD, Waete Weter Supt.
KENNY BOWERS, Flre Chlet
MERIDIAN, IDAHO
BOB 8PENCER
ROY PORTER, Police Chlef
pARY SMRh1, Clty Enplrreer 83642
Phone 888-4433
CAalrtnan Zonlnp 8 Plennln0
GRANT P. KINGSFORD
Meyor
PROCI,AMATI ON
MERIDIAN QUICK RESPONSE u1~IT Y~EEK
JUNE 22 - 28, 198b
WHEREAS, Meridian Quick Response Unit has provided the community ~
with medical assistance for ten (10) years; and
WHEREA5, Meridian Quick Response Unit has responded to over 5000
medical responses in that ten (10) year perfod; and
WHEREAS, volunteers from the Meridian Quick Respo~~e Unit have
taught Cardio Pulmanary Resuscitation (CPR) classes to
the community and Cardio P~lmonary Resuscitation (CPR)
Awareness classes to local schools for the past t~n (10)
years; and
WHEREA5, the Meridian Quick Response Unit has provided free blood
pressure checks to the community; and
WHEREAS. over 300 volunteers have given of their free time to
make a success of the Quick Response Unit in that ten (10)
year period;
NOW. THEREFORE, I Grant P. Kingsford. Mayor of the City of ~leridian,
do hereby proclaim the week of June 22 through 28. 1986, to be
r
MERIDIAN QUICK RESPONSE UNIT WEEK
and urge all residents of the Meridian fire district to obserde this
week by making themselves better acquainted with the Meridian Quick
Respon~e Unit by visiting our quarters during our Open House on June
2~i, i986. talking with our volunteers. having free blood pressures
taken and attending our demonstration of extrication procedures.
equipment usuage and Cardio Pulmonary Re~uscitation (CPR) June 28,
i986 at Cherry Plaza parking lot. ~
June 16, 1986 ~
ra.nt P. King or , ayor
CITY OF MERIDIAIV, I AHO