1981 03-16
A G E N D A
P4eridian City Council
March 16, 1981
ITEM:
Minutes of Special Meeting February 26, 1981 )
Minutes of Regular Meeting March 2, 1981 ~ APPROVED
1. Community Development Block Grant - HUD
Public Hearing
2. Conditional Use Hearing and Variance Request ~ APPROVED
Clyde "Dusty" Dempsey - Snack Bar on Wheels )
3. George Carey - Input regarding fencing swimming pool areas) ABSENT
4. Larry Stoldt - Input on Rezone within City Impact Area) ENDORSED
5. Department Reports
E. Carlton Water System report by Rick Orton
Bid Opening to be held 4:30, March 19, 1981
Ordinance No. 387 JMK PROPERTIES ANPJEXATION. .APPROVED
•
ridian Citv Hall
C~
Fla
P.egular Fleeting called to order by Piayor Joseph L. Glaisyer at 7:32 P.M.
Councilmen Present: Richard Williams; Grant Kingsford; Bill Brewer; Rick Orton Jr.
Others Present: Bruce Stuart; Vern Schoen; h!ichael Frost; Rhea Ploward; Clyde L. Dempsey
Gary Smith; Ray Sotero; Ronica Peterson; Liza Cookson; Coenraad Abas;
Steve Gratton
F':inutes of the Special Pleetine held February 26, 1981 were approved as read.
Minutes of the Regular Fleeting held Plarch 2, 1981 were approved as read.
Agenda
1 Community Development 61ock Grant - Fublic hearing
F1ayor Glaisyer announced that the second Fublic Hearing for the Community Development
Block Grant would now be open.
Piayor Glaisyer: "Is their anybody in the public that would wish to discuss the
Community Block Grant?"
There was no response
The Motion was made by Bill Brewer and seconded by Rick Orton that the Fublic gearing
for the Community Development Block Grant he closed.
Nation Carried: Williams, yea; Brewer, yea; Kingsford, •yea; Orton, yea
The Motion was made by Richard 4illiams and seconded by Bill Brewer that the City of
Feridian adopt a resolution to proceed with a full application of the HIJD Community
Development Block Grant as proposed by JUB E!'dGI"LEERS, ItJC.
Piotien Carried: Kingsford, yea; lilliams, yea; Orton, yea; Brewer, yea
Agenda Conditional Use Hearing and Variance Request - Clyde L. Dempsey Snack Bar on 4Jheels
2
Flayor Glaisyer: "The Public Hearing is now epen for Clyde L. Dempsey Conditional Use."
Clyde L. Dempsey of 1680 4•J. Pine was present to request a Conditional Use for a Snack
Bar on SJheels adjacent to the Meridian Senior High School. Piaps were displayed.
Dempsey: "I want to put a Mobile Snack Bar next to the Meridian High School"
Orton: "Has the School Board approved of the idea?"
Dempsey: "Yes, I went before the School Board, all my neichbors, the Student Council-
and everybody's for it in that area. The reason I started this is that I have a
seventeen year old daughter that needs a job and the more I talked with the students
the more I realized there was definitely a service of this type needed.
A lot of the students felt that if there was a. unit there they wouldn't co to town
where they normally do, I imagine you could have the best school lunch in the world
and there would still be certain number of students wouldn't be happy with it -
some like a variety. And also a lot of the students that don't have transportation
would like to have a choice. I would say that 50% of the students I talked to that
do have cars told me that they would like to have the service, just to save the pas."
hlayor: "ldhat do you plan to sell- hamburgers, hot dons?"
Dempsey: "At the present time I don't plan on starting out with hamburgers because
by talking with the I;ealth Department it takes X500.00 for a grill, but the hood that
Does over the top of it costs $4,300 and until I see whether this would be financially
feasible I don't believe I will put the grill in at this time. I have talked to the
people who sell the microwave type sandwiches and this is what I will start out with."
"I am a parent of teenagers r.;yself and if food is available to get them away from the
junk type food - someone suggested yogurt, this type of nutrieht food. Basically I
am going to try and keep prices down and serve as good as wholesome food as possible."
Dill Brewer: "Ply comments are much the same as on the COMF'.E!dT sheet, as I had input
for this some time back. If it were to keep a number of these children on the
school grounds instead of the streets it certainly would be a credit to our Police
Department, I think. It would also require good adult supervision and if the School
Officials don't object, which apparently they do not, I think this gentlemen should
be given a chance."
Cempsey: "You got a copy of this roap. (on file) and basically this is where the unit
is going to set. I have the old Flolladay Place and it actually goes right out into
~~
Meridian City Hall .2. March 16, 1981
the School property. When they subdivided the folks that owned this saved their
homesite - so this unit is going to be surrounded by driveway, tennis court and
across the drive a ballfield, blow basically what my plan is two walk in gates, no
drive-in, not a lot of seating so there will be a lot of gathering - I want them to
move through, get their food and move on. As far as crowds congregating I want to
discourage this - if the kids buy a coke and want to swap a few tales I'm going to
encourage this type of thing. As far as policine, I am going to try to be there.
There is goino to be adult supervision at all times - I'm a old Marine Corp BUCk Sergeant
and I'm not going to take a lot off these kids, I like to work with kids but I'm not
going to let them walk over me. If this is not cor:~patible with the School, or with
the neighborhood, they wouldn't have to worry about shutting it down because I would.
I haven't got any neoative input."
Williams: "I have mixed emotions about what h1r. Dempsey is trying to do. I guess my
concern is the con!mercial in the immediate vicinity of the High School. The Conditional
Use will have a little r,~ore latitude and control over it. I have read the minutes of
Planning and Zoning and my personal feeling is to go along with the Planning and Zoning
recommendations and give Mr. Dempsey 15 months, until June 1982, and have it reviewed
again - As lono as he complies with Central health District requirements and I assume
if we do have problems with litter we will be so notified."
Dempsey: "I have a letter here from the Health Department and Mr. Bob Jue, 8nviron-
mental Quality Specialist II, and he has stated that he would work with me. I am
aping to hook on to water and sewer, I have talked to Mr. Orton about that.
As far as the litter problem - we have an existing problem over there right now.
The School pretty well takes care of it, they hire different groups like the Soccer
Team and the Tennis Team for a week, to give those groups a certain amount of money
to clean this up. I probably will have a student employed full time to clean up the
immediate vicinity and will have somebody go over and clean up when I service the
events. I'rn also going to inform the kids, by signs, etc., that if they are going to
litter - they are going to pay for it in the cost of the products. I don't think we
will have any problem."
i°ayor: "If you can get that done - we'll .hire you and put you out in the park:"
Kingsford: "Two Vice Principals were opposed to this -just for the record there
is not 1009 approval. The Principal said that he had mixed emotions, the Academic
Vice Principal told me that she had mixed emotions over the Snack Bar but the food
that's there she can't eat, I can understand that, but certainly this should be
closed during School hours. That is, we would have no problem with it being open
before 8:00 A.t4. or no problem. from 10:45 A.i-1. to 11:45, and then after 2:00 P.M.
there is no problem. I also have mixed emotions just in regard to zoning. You
would be running competition with some people that's paying higher price money
downtown. I have some friends that is running restaurants downtown, I do have a
conflict in that respect. "formally I would say I oppose it, however, the school
doesn't have a cafeteria and I think that creates a special problem in itself.
So, I think I would go along with a Conditional Use until the end of next school year,
at which time it will be reviewed."
ilayor: "Are there any comments from anybody from the Public?"
Ronica Peterson: "The Student Council has sent us to represent them and we have
interviewed quite a few students and they stated that they would like a variety
of food and their eating habits - and they did like Mr. Dempsey's idea. It is a
waste of gas to have to go downtown. i4r. Dempsey did say that he would clean up the
litter and keep things under control, if it did get out of control he would stop.
The Student Council is for the idea and the general Student Body are for
it also."
ilayor: "Thank you. Any other comments front the public?" There was no response.
"Hearing Closed."
The Motion was made by Williams and seconded by Kingsford that the Council grant
Clyde L Dempsey, 1680 W. Pine Street, a Conditional Use Permit for fifteen (15)
months, through June, 1982, at which time there will be a review, with the hours
of business to be before 3:00 A.P1., from 10:45 to 11:45, and then after 2:00 P.M.;
subject to approval of Central District Health; and to grant a variance from
Building Codes regarding eating establishments.
Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea
enoa George Carey - Input regarding fencing swinm;ing pool areas
3
Playor Glaisyer: "Pdext item on the Agenda - Is Pir. Carey present?" Plo response.
~~
Agenda Larry Stoldt - Input on Rezone within City Impact Area
4
Larry Stoldt: "I would like your input on a rezone from a D-l, farmland, to a R-4
which would be a one family dwelling." P1r. Stoldt presented a map of the Heritage
Subdivision itio.l and flo. 2 that designated the property he desired to rezone.
"I bought the two acres that you will see that was left out of the Subdivision and
it is zoned D-1. I built a home on one (1) acre and put a fence down the middle.
I sold the one acre and home and got the other acre deeded to me so I own half of
that (shown on map). All of those homes in that area are on acre lots." Stoldt
displayed pictures of the surrounding homes. "Couple of years ago, when I went
before Ada County Zonino, three (3) members voted for the rezone and thought
it ridiculous that I try to farm one acre when all the rest of the lots in that
Subdivision were one acre lots, on that same road. Three of the members voted
not to, so that left a tie and I had to go before the Commissioners. And when I
went before them Gary Bermeosolo and Linda Lund Davis said "i•lo way, people were
looking for a two acre and that it ought to stay the sane", Vern Emery said "that's
ridiculous,that should have been an R-4 when that Subdivision was made" so he voted
for and the other two voted against it. And yet, when I went to sell my home nobody
could afford the two acres, all they could afford was the house and one acre.
So now I am back with one acre that I am supposed to farm, and the way the zoning
reads now I could raise hogs on it or anything - it's right in that Subdivision
and on the road. Before, I think, when Ada County asked the City for input, the
City said no because of the schools, the roads, sewer, etc. I don't think anybody
really understood what the situation was. So, before I go before them (Ada County
Zoning) I would like your input and make you aware of the situation."
4!illiams: "I wonder why it wasn't R-4 when Heritage went in, and I guess my point is
you knew what you were getting into when you bouoht it-'
Stoldt: "Yes I did"
P";ayor Glaisyer: "Larry, what is directly South of your property?"
Stoldt: "South, is a house" P1r. Stoldt again displayed pictures of homes surrounding,
which are all one (1) acre lot homes. Ply acre is right on the street (Star Lane)"
Orton: "So your choices are - a pig farm or build a house?"
Williams: "You can't build a house in there - that's the whole point."
Orton: "If you could get a rezone you could build a house?"
Stoldt: "P,ight"
Orton: "And if you did get a rezone and build a house, you would be another one (1)
acre lot adjacent to a one acre Subdivision?"
Stoldt: "That's correct."
Kingsford: "I think we should write an endorsement to Ada County Planning and Zoning
that we would favor this rezone."
P1ayor: "We would be writing our endorsement when we send back our input."
Bill Brewer: "I agree with Vern Emery."
Mayor: "I do too."
Orton: "Would it be appropriate to put a P•1otion on the floor supporting Stoldt's
request for rezone?"
Mayor: "If you so wish."
The P1otion was made by Rick Orton and seconded by Brewer to approve the request of
Larry Stoldt of City Council endorsement fora rezone from Agricultural to R-4,
located. Section 32, T3N,R1E, a one acre parcel.
Plotion Carried: Brewer, yea; Kingsford, yea; Orton, yea
lilliams, nay
Agenda
5 Mayor Glaisyer read Ordinance Number 387.entitled: APJ ORDINANCE ANNEXING AND ZONING
CERTAI"J REAL PROPERTY WHICH IS DESCRIBEC AS FOLLOWS: A PORTIOtd OF SECTION 12, TOWNSHIP
2 "lORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, TO THE CITY OF PIERIDIAW, 4JHICH
PRGPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUPJTY, IDAHO.
Mayor: "This is the JP1K Properties Annexation, which is on the corner of West Franklin
and Linder. Anybody from the public wish to have Ordinance fJumber 387 read in it's
entirety?" There was no response.
The Motion was made by Kingsford and seconded by 1illiams 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 387 as read be passed
and approved.
P1otion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea
P•1eridian Citv Hall .4. March 16, 1981
Agenda DCPAP.TP1EPdT REPORTS:
6
Rick Crton: "Bids on the water project will be opened this Thursday, March 19th
at 4:3C P.P4., the Council does not have to attend. I have presented you a list
of equipment that I intend to advertise and if any of the other Department Heads
have anything to add to that I suppose we could cover that in one advertisement."
There being no other business to come before the Council,
The Motion was made by Kingsford and seconded by Brewer that the meeting be
adjourned at 8:05 P.M.
Motion Carried
Meeting Adjourned.
ATTEST:
Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea
1 ~.•~ .
~- ~1l.YL~9~1/
CtyCerk~ j
pc: Mayor & Council
X29) Planning & Zoning Commission
City Clerk
City Treasurer
City Attorney
Bruce Stuart
Earl Ward
Police Dept.
Fire Dept.
Gus Hein
Vern Schoen
ACRD; APA; AIC;
Central District Health
Ada County Zoning Director
Ada County Conmiissioners
Pdampa P4eridian Irrigation
Coenraad Abas
Ray Sotero
,: ; ~. 257
ORDINANCE N0. 387 ~~~£•
AN ORDINANCE~NEXING ~ ZONING CERTAIN REAL PROPERTY WATCH IS~SCRIBED AS FOLLOWS:
A PORTION OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1-WEST, B.M., ADA COUNTY, IDAHO TO
THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF
MERIDIAN, ADA COUNTY, IDAHO.
i
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 said City certain real
propertyproperty which is described as follows:
J.M.K. PROPERTIES ANNEXATION
Commencing at the Southwest corner of Section 12, Township 3 North, Range 1 West of
tge Boise Meridian, in Ada County, Idaho, the real place of beginning; thence North
0 04' West along Westerly boundary of said Section 12 for a distance of 327.37 feet
to a point in Linder Road; thence North 87050' East along North side of_existing
East-West fence for a distance of 354.25 feet to a 1" angle iron pin; thence South
0 07' West for a distance of 342.00 feet to a point in South boundary of said
Se&tion 12 (which is in middle of U.S. Highway #30 and Franklin Road) thence North
89 48' West along South boundary of said Section 12 for a distance of 353.08 feet to
the real 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 aforementioned real property which is described as follows:
J.M.K. PROPERTIES ANNEXATION
Commencing at the Southwest corner of Section 12, Township 3 North, Range 1 West gf the
Boise Meridian, in Ada County, Idaho, the real place of beginning; thence North 0 04'
West along Westerly boundary of said ~ection 12 for a distance of 327.37 feet to a
point in-Linder Road; thence North 87 50' East along North side of existing East-West
fence for a distance of 354.25 feet to a 1" angle iron pin; thence South 0 07' West
for a distance of 342.00 feet to a point in South boundary of said distance of
342.00 feet to a point in South boundary of said Se&tion 12 (which is in middle of
U.S. Highway #30 and Franklin Road) thence North 89 48' West along South boundary of
said Section 12 for a distance of 353.08 feet to the real place of beginning,
be, and the same is hereby accepted, as requested by the owners, and made a part of
the City of Meridian, Ada County, Idaho, and said real property is "C" Commercial.
Section 2. That this annexation and zoning is subject to the conditions set
forth in the minutes of the City Council of the City of Meridian dated March 2, 1981.
Section 3. 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 4. 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 16th day of March, 1981.
ATTEST:
Y CLERK ~ / 7 Gr~i2~t~J
cc: Ada County Recorder 3.23.81 2
Sterling Codifiers CTM
AIC Central Dist. Health
Ada County Assessor Idaho Power Co.
Ada County Commissioners Idaho Survey & Rating Bureau
ACRD Intermountain Gas Co.
Ada County Tax Collector Mtn. Bell
Ada County Zoning Director Nampa-Meridian Irrig.
APA State Electrical Board
State Highway
State Plumbing Board
State Tax Commission
Glen Stephens, Director
Union Pacific
U.S. Dept. of Commerce
U.S. Post Office
Minutes
JMK Properties