1982 07-19
A G E N D A
Meridian City Council
July 19, 1982
ITEM: Minutes of the Previous Meeting Held July 6, 1982
Minutes of the Special Meeting Held July 12, 1982
(Amended HUD Grant Public Hearing)
1: Amended HUD GRAND For Water Project
2: Irene Morrison; Conditional Use Permit, Beauty Salon
1531 Tana Drive
3: First Church of Christ; Locust Grove-East Pine Annexation
4: Clyde Steinbach; CO2 In Water System - Discussion
5: PUBLIC HEARING - Dennis E. Nielson, O.D.
Conditional Use Permit for Office; 1332 E. 1st
6: PUBLIC HEARING - Steven & Sherryl Rose
Conditional Use Permit for Office; 1323 E. 1st
7: Walter Morrow - Discussion Chapel of the Chimes
8: Presentation to L. Dale Burkinbine, Wastewater Treatment Plant
9: Gary L. Smith; City Engineer - HUD GRANT BILLS
Wholeslers Inc. $40.20; Nay's Const. $25,172.67
10: Dale Congelton - Discussion Sandwich Board Signs
11: Paul Heist, H&L Produce
Request for Itinerant Merchant License
12: Moe Aldjani, Sanitary Service
Discussion on Trash Pickup Problems
13: Bills -HUD GRAND
J-U-B Statement #7 $877.26; Missman Electric $212.80
14: Summary on Attorney General's Report - Attorney Crookston
Comprehensive Plan Changes
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TABLED
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FIIVDINGS OF FACT'
CONCLUSIONS OF LAW
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DENIED
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Meridian City Hall July 19, 1982
The Meeting was called to order by Mayor Joseph Glaisyer at 7:30 P.M.
Members Present: Grant Kingsford; Ronald Tolsma; Rick Orton; Bill Brewer
Others Present: L. Dale Birkinbine; Bruce Stuart; Doug Nichols; Roger Felker; Steven Rose;
Sherryl Rose; Wayne Forrey; Dennis Nielson; Noe Aldjani; F.elen Aldjani;
Elizabeth Ryan; Martha Berry; Ray Sotero; Cathy Hammns; Mike Anderson;
Earl Ward; Paul Heist; Lori Robins; Coenraad Abas; Tan Murphy;
Jim Potter; Walt Morrow; Ida Sweet; Gary Smith; Dale Congelton;
Wayne Crookston; Steve Gratton; R.C. Spencer
The Minutes from the previous meeting held July 6, 1982 and fran the special meeting
held July 12, 1982 were approved as amended.
Item
1 Wayne Forrey; J-U-B Engineers -Amended HUD Water Project
Wayne Forrey explained that there are surplus funds fran the HUD Sewer Project that
began in February of 1982. In meeting with HUD, they expressed that is was acceptable
to them to transfer the surplus funds to a water project, as long as the benefit was
to laa to moderate incase residents. The area in need was identified as Kinq Street.
There have been 17 people sign up for the project along King Street. Forrey stated
that he felt the project would be canpleted prior to October 1, 1982. Construction
would start about September 1, 1982. The City would have to award a contract for the
project.
The :Motion was made by Kingsford and seconded by Brewer to approve the amended HUD
Grant to include the Water Project on King Street.
Motion Carried: Kingsford, Yea; Tolsma, Yea; Orton, Yea; Brewer, Yea;
Item
2 Irene Morrison; Conditional Use Permit Beauty Salon -Findings of Fact Conclusions of Law
The Motion was made by Kingsford and seconded by Orton to approve the Findings of
Fact and Conclusions of Law on the Irene Morrison Conditional Use Permit for a Beauty
Salon.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea;
The Motion was made by Kingsford.& seconded by Orton to approve the Conditional Use
Permit for Irene Morrison at 1531 Tana Drive, for a Beauty Salon, and that the
additional Sewer and Water hook-up fee be paid.
Notion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea;
Item
3 First Church of Christ Annexation; Findings of Fact Conclusions of Law
The Notion was made by Brewer and seconded by Orton to approve the Findings of Fact
and Conclusions of Law for the First Church of Christ Annexation.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea;
The Motion was made by Brewer and seconded by Orton to approve the request of annexation
of the First Church of Christ Property, Locust Grove-East Pine, with "D" Industrial
Zoning, and 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 408 as read be passed and approved.
Notion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea;
Item
4
Item
5
Clyde Steinbach; C02 in Water (Discussion)
_~
Clyde Steinbach explained that he has a problan with too much CO in his water.
This is making holes in the pipe. He came before the Council as~ing them for
advise on this problem, and if he could use another type of pipe other than cropper.
Councilman Orton discussed the possibilty of the plastic pipe.
There was much discussion. (Tape on File)
It was concluded that Steinbach should work with Councilman Orton on this problem,
and that they would try to get a variance to use the plastic pipe from the State
Plumbing Board. (Tape on File)
PUBLIC HEARING - Dennis E. Nielson, O.D., Conditional Use Permit for Office
1332 E. First
Nielson presented a drawing of what he proposed. This would be a circular drive
with a separate entrance and exit marked. There would be two parking spaces in the
front and two parking spaces in the back of the residence.
Nielson: "As I understand it, this area is proposed as Commercial when the new
ordinances are adopted, and I would like to speed that up."
Gary Smith, City Engineer: "I think that the in and out access is a good idea."
Earl Ward, Wastewater Sup't.: "There ~rould be an adjusting of the rates to catenercial."
Doug Nichols, Chief of Police: "There would have to be the double access to the parking
area."
Roger Welker, Fire Chief: "Must conform to fire codes on any remodeling."
Bruce Stuart: "1ldditional hook-up charge."
Brewer: "Mr. Hartwell called me today. He says that he and most of the neighbors
are still opposed to this at this point. Their thinking is that once it goes
commercial, there will be little that anyone can say about it. As long as that is
still a majority residential with Conditional Uses allowed, they would like it to
remain residential in appearance." "They all seem to want the parking in the back."
Nielson: "If this is the only objection, the circular drive, what is stopping me as
a private saner fran putting a circular drive in?" "My neighbors can't stop me naa
can they?"
Mayor Glaisyer: "Not to my knowledge."
Nielson: "I really question then if this should be a factor."
Kingsford: "I was under the impression from discussion earlier today, that you were
going to ask that this be tabled for sane time.
Nielson: "I wanted to go through the Public Hearing part and. get it out of the way,
then I am going to ask you to table your decision."
Kingsford: "Your reason for tabling was to my understanding, so that you could get
things ironed out with your neighbors."
Nielson: "I am concerned about a couple of my neighbors." "I hate hard feelings.°'
"I had also planned to ask the Mayor tonight when he planned to adopt the ordinances."
"If it is within a year then I'll drop it (the request for the Conditional Use) all
together."
Mayor Glaisyer: "It will be within a year."
C~
Meridian City Hall 3. July 19, 1982
Itan #5 Cont'd: PUBLIC HEARING - Dennis E. Nielson Request for Conditional Use Permit .
Brewer: "I thought that you were planning on trying to go before then."
Nielson: "Not now. The neighbor situation. It's not worth it."
Kingsford: "Wayne (Crookston, City Attorney) how long can a request for a Conditional
Use Permit be tabled? Surely there is a reasonable time that a request can be
tabled. Is half a year unreasonable, before it would have to be published again?"
Crookston: "I am not aware of any limit exactly." "You have to set a definate time
to bring it off the table." "You can't just leave it hanging, that's for sure."
Nielson: "What it boils down to is, that if the ordinances are not adopted within
a years time, I am going to bring it up again, because I would like to do this next
simmer. "
Mayor Glaisyer: "I will nav open the Public Hearing concerning this request for
a Conditional Use Permit by Dennis E. Nielson at 1332 E. 1st. Is there anyone from the
audience that wishes to comrient on this request?"
There was no response.
Mayor Glaisyer: "Public Hearing Closed."
The Motion was made by Kingsford and seconded by Tolsma that the Conditional Use Permit
request by Dennis E. Nielson be tabled until the first meeting in May, 1983.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea;
Itan
6 PUBLIC HEARIIVG-- Sherryl & Steven Rose, Conditional Use Permit for Office
1323 E. First
Steven Rose was present representing the request for a Conditional Use Permit at
1323 E. First for use as a doctor's office on the ground level.
Rose: "There is an existing circle driveway circling around the rear of the home,
with ample parking on either side of the garage." "There are currently taro
accesses into the rear of the property."
Rose presented pictures of the property showing the view obstruction caused by trees
planted in the parkway. Rose pointed out that these are a safety problem regardless
if it is in a residential section or a commercial section.
The Mayor called for camtents.
Earl [4ard, Wastewater Sup't.: "Commercial rates apply."
Doug Nichols, Chief of Police: "Entrance and Exit marked."
Roger Welker, Fire Chief: "Must meet fire codes on any remodeling to be done."
Mayor Glaisyer: "The Public Hearing for the request for a Conditional Use Permit
for use as a Doctor's Office at 1323 E. First is now open. Is there anyone in the
audience that wishes to comment on this request?"
There was no response.
Mayor Glaisyer: "The Public Hearing is now closed."
The Motion was made by Kingsford and seconded by Orton that the Council instruct the
City Attorney to prepare the Findings of Fact and Conclusions of Law concerning the
request by Sherryl & Steven Rose for a Conditional Use Perntit for a Doctor's Office
at 1323 E. First.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea
The Mayor explained to the Roses' what the Council's decision meant, and explained that
they would be on the agenda for the next Council meeting to be held. August 2, 1982.
Steven Rose expressed concern over this, as the lease on present office is expiring
July 31, 1982.
Meridian
Item #6 Cont'd: PUBLIC HEARING - Sherryl & Steven Rose, Conditional Use Permit Request
There was discussion concerning this situation. (Tape on File)
19. 1982
Mayor Glaisyer questioned Attorney Crookston as to when he could canplete the Findings
of Fact and Conclusions of Law.
Crookston: "Within a day or two after the minutes are done."
Mayor Glaisyer: "The only way we could grant this is to have a special meeting."
"I will get the Findings of Fact and Conclusions of Law, I will get in touch with
you (Rose) and maybe we can arrange a special meeting." "I will be in touch with you."
"We will try to work with you the best we can."
Steven Rose expressed his appreciation to the Council.
Item
7 Walter Morrow -Discussion on Chapel of the Chimes
Walter Morrow was present representing himself, Walt Morrow Construction, and
Bill and Faye Brewer the owners of the Chapel of the Chimes. He explained that they
are planning to build a residence over the Chapel of Chimes, so that the Brewer's may
reside there.
Mayor Glaisyer: "Have you made application for a building permit?"
Morrow: "Not as of yet."
Kingsford: "It doesn't require any zone changes or anything, so really it doesn't
require any Council action."
Brewer: "Walt's primary purpose in being here is to keep everything above board
so that everyone in town will know that all the proper steps were taken."
Morrow: "We are submitting for a building permit tanorraa."
Kingsford: "If it meets with the Building Codes, I certainly can't see anything wrong
with it."
Item
8 Presentation to L. Dale Burkinbine, Wastewater Treatment Plant
Councilman Kingsford presented L. Dale Burkinbine a certificate for achieving his
Class One Operators Certificate. Councilman Kingsford canplimented Burkinbine on
his achievement. Applause.
Mayor Glaisyer: "Thank you Dale, I appreciate the good work."
Item
9 Department Reports
Gary Smith, City Engineer presented to the Council a bill frmn the Sewer Rehab project
fran Wholesalers Inc. for $40.20. This was for 50 lbs. of Waterplug.
The Motion was made by Kingsforel and seconded by Tolsna to approve the bill from
Wholesalers, Inc. in the amount of $40.20 fran the Sewer Rehabilitation Project Fund
HUD Block Grant No. B-81-DN-16-0001.
Notion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea
9nith also presented the Council Statement #3 frcan Nay's Construction, for the
Sewer Rehab Project. Smith stated that this is their final estimate. The total amount
is $27,172.67, and Smith recaanended witholcli ng 5~ from that figure, until the City
is sure that everything is finaled out and completed. The net amount would be
$25,813.67. Smith explained that Earl Ward had gone through the statement and checked
each item with his diary that he has kept. 9nith stated that he had checked all
extensions and dollar amounts.
Meridian City Hall 5 July 19, 1982
Item 9 Cont'd:
The Notion was made by Kingsford and seconded by Tolsna that the Council approve
Nay's Construction final pay estimate with the retainage of 5~, in the amount
of $25,813.67.
Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea
Item
10 Dale Congelton -Sandwich Board Signs
Dale Congelton manager of the MRC stated that there are a number of Meridian
Merchants located downtown that would like to have 'sandwich board signs.
Congelton explained that these signs are attractive, and look very nice. They
are attract business. Congelton stated that he felt the Ordinance prohibiting
these signs was "archaic", and "does not apply to today."
Congelton: "Anyone that has been in downtown Meridian can verify that there is
very little foot traffic that would be impeded by the presence of such signs."
Mayor Glaisyer: "You can have a sign as long as it is on your own private property.
If it is in the public right-away then we have an obligation not to obstruct that
right-of-way."
Congelton: "Against what? Downtown Meridian is the sleepiest place I have ever
seen. They is nobody walking out there." "Until I questioned it, nobody was
even aware of it (the Ordinance).."
Congelton stated examples of businesses downtown that had the sandwich signs
that were very attractive. (Tape on File)
Brewer: "Most of the problen that we have had has been with Ada County."
"Side angles, and safety along their rightrof-way."
Chief Nichols: "[~ do have a problem with that, yes. But also in the code it
states that these signs can't be blocking any public right-of~aay."
Congelton made the point again that he felt the signs were not impeding any
foot traffic downtown at all.
Congelton: "I think that sandwich board signs would be a good indication of when
these people (downtown merchants) were open. A lot of businesses in Meridian are
not open at regular hours." "It would be a good thing to have sandwich board
signs." "They are very attractive." "As a matter of fact, the businesses downtown
that were forced to take their signs down have lost quite a bit of business."
There was much discussion. (Tape on File)
Congelton also expressed his concern that the City has no open container ordinance.
(Tape on File)
Congelton stated that there was "considerable amount of noise" in that area downtown.
and that it was very disturbing. "I would like to see an open container ordinance."
Mayor Glaisyer: "VJe will get sane police cars down there and look that situation
over."
Item
11 Paul Heist; H&L Produce - Itinerant Merchant, Produce Sale, Hepper's Corner
Paul Heist was present to request approval fran the Mayor & Council to sell produce
on Hepper's Corner.
Attorney Crookston explained that the City has an Ordiance that restricts the sale
of produce from the parking areas of any of the present zones. (2-409 City Code)
There was much discussion. (Tape on File)
Meridian City Hall
Item #11 Cont'd: Paul Heist, H&L Produce .
Attorney Crookston again explained the Ordinance to Heist, and stated that he would
have to be granted a variance in able to sell produce at this location.
Councilman Brewer explained that this year there have been several ccxnplaints fran
the businesses in town conceniing Itinerant Merchants. '°It just doesn't cane dawn
to a fair and just practice with the other people in term." "They are paying a
great deal of taxes in this camnuiity." "Those Ordinances and Laws are set dean
to make it fair for anyone."
There was more disa~ssion. (Tape on File)
Kingsford: "Our Ordinance does not allow you to sell on the parking lot." "Another
thing we have is a certain number of parking spaces for each square foot of office
space. When they take parking spaces to sell produce, then they are in violation of
the number of parking spaces that they have for that office space."
Brewer: "Paul (Heist) I think that the very fact that you can go buy produce one
place and bring it here and sell it cheaper than any of our cacc~peting Grocery Stores
that are in the business of selling those things, makes it very evident as to why
it is not fair business."
Heist: "i don't have to sell it cheaper, and they could sell it cheaper." "There is
no reason .that they have to charge the high prices." "They buy it Fran the same
broker that I buy it from in L.A."
Brewer: "And then they hire a manager of that department. They have literally
hundreds of thousands of dollars of refrigeration units." "There is no way on
earth that they can canpete." "You can beat than 10 to 1 every day."
There was discussion. (Tape on file)
Mayor Glaisyer read Ordinance 2-409 entitled STAAIDS FOR SALE OF MERCHANDISE OR
PRODUCE P1~HIBITID: Stands for the sale of merchandise or produce shall not be
permitted on the parkings in Zones "A", "B", "C", "D", and "E".
Mayor Glaisyer: "Can you have a variance to that Wayne (Crookston)?"
Crookston: "You can grant a variance to any Ordinance, especially in that section,
because that relates to your zoning Ordinances."
Orton: "I am not inclined to move for the variance."
There was more discussion by the Council and arg~n~nt by Mr. Heist. (Tape on File)
Mayor Glaisyer: "AS it stands you will not be issued a license because you are
having your establishment in a parking lot, which is against our Ordinance."
Heist: "Ok. There is another place in town that there is no pavement and no cars
parked there. If I can lease that can I get a license. It is not a parking lot."
"Coryell's Corner."
Mayor Glaisyer: "As far as I am concerned, yes. You can cane in and get your
Itinerant License."
Item
12 Moe Aldjani Sanitary Service: Discussion on Trash Pickup
Tolsma: "Moe .has made mention that he has been picking up every thing that everybody
sets out, which is in violation of his contract. To keep the people happy he picks
up everything that they set out."
Aldjani: "It has been brought to my attention that we have a problem with about
70$ of our residential pickup." "My volume of trash to the land fill has gone up
93 to 97~, that's an average for the year."
Meridian City Hall 7. July 19, 1982
Item #12 Cont'd: Moe Aldjani, Sanitary Service
Aldjani asked the Council for their advise to a solution to the probl~n.
(Tape on File)
Mayor Glaisyer: "I would sure like to see you red tag them."
There was discussion concerning a solution. (Tape on File)
Kingsford suggested that the Press give the City sane help on this matter.
There was discussion. (Tape on File)
Mayor Glaisyer: "Why don't you try to red tag it for a while Moe, ar~cl see what that
does. This time, red tag it, and say next time you won't pick it up. Give
them 1 week."
Item
13 Bills
A bill fran J-U-B Engineers in the amount of $877.26 for administrative services
and engineering services in connection with the F1UD Sewer Rehabilitation Project
Grant No. B-81-DN-16-0001, Statement No. 7.
The Motion was made by Kingsford and seconded by Tolsma to approve J-U-B Statement
No. 7, in the amount of $877.26 payable from the HUD Sewer Rehabilitation Project
Grant.
P4otion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea
A bill from Missman Electric Canpany, Inc. in the amount of $212.80 for two sump
pumps eligible on the HUD Grant was presented for approval.
The Motion was made by Kingsford and seconded by Tolsma that the bill from Missman
Electric Company, Inc. in the amount of $212.80 payable from the Hi1D Sewer Rehab
Project Grant No. B-81-DN-16-0001.
Notion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea
Item
14 Wayne Crookston, City Attorney: Suamary on Attorney General's Report Concerning
Canprehensive Plan Changes
Crookston explained that the Attorney General had responded to questions concerning
the procedures under the Local Land Use Planning Act for annexation.
(Document on file with these minutes)
Crookston: "With these caanents, it is my advise, as it was before, to require
two Public Hearings." "The law does state that you do have to have recannendations
on an ad~rxhnent fran Planning & Zoning before you notice anything before the Council."
"You can't give your Public Notice until the Planning & Zoning at-all their levels
are canpleted." "In the two hearings before the Planning & Zoning and ttie to-x~
hearings before the Council you have to give the people opportunity to respond. It is
going to depend on what is there. If you have sane changes that are made after the
first hearing, I think that you have to give an opportunity for people to analyze
those changes, to be able to respond or add to their cannents that they made at the
first hearing." "If you have changes that would change their testimony you have to
give them sane opportunity to respond to those changes. Likewise, if you continually
have changes, if there are changes after the second hearing, then you should have a
third hearing until there are no changes."
Mayor Glaisyer thanked Crookston for his summary.
•
Meridian City Hall 8. Julv 19. 1982
Being there no other business to cane before the Council:
The Notion was made by Kingsford and seconded by Tolsma to adjorn the meeting
at 9:08 P.M.
Motion Carried: Kingsford, yea; Tolsria, yea; Orton, yea; Brewer, yea
Meeting adjorned at 9:08 P.M.
APPROVED:
c
O JOS H L. S
ATTEST:
LaWana L. Niemann, City Clerk