1982 04-19
Meridian City Council
A G E N D A
April 19, 1982
ITEh1: Minutes of the previous meeting held April 5, 1982 APPROVED
1: Annette Hinrichs, Planning & Zoning Commission - Zoning & Sub. Development Ord.
2: FRANKLIN CONDOMINIUMS -Final Plat APPROVED
3: CATHERINE PARK - Final Plat TABLED
4 HEARING - Brooklawn Farm Estates Annexation APPROVED
Dean & Dorothy Rule
Southeast Corner of West Pine & Linder
5: HEARING - Pre-School & Day Care Center Conditional Use Permit
Annabelle Youmans TABLED
129 E. Pine
OTHER BUSINESS
6: HEARING - Pretermination W/S/T Delinquencies APPROVED
7: ORDINANCE 404 - Broadway Estates West Annexation APPROVED
8: Sewer Rehab Project Bills
9: Councilman Brewer - Portable Electric Signs
Ken Marler Meridian Merchants Association
RE: Itinerant Merchants
APPROVED
•
Meridian City Hall
Regular Meeting called to order by Playor Joseph L. Glaisyer at 7:30 P.M.
it 19
Councilmen Present: Grant P. Kingsford; Bill Brewer; Rick Orton Jr.; Ronald Tolsma
Others Present: Doug Nichols; Vern Schoen; Earl Ward; Kenneth Marler; Richard blestcott;
Dorothy Rule; Dean Rule; Phyllis Musgrove; Lorna McDonald; Danny Green;
A. Bruce McDonald; Annette C. Hinrichs; Bruce Stuart; Roger Welker; Robert Keith Boyd;
Diane Walstrom; Tom Marks; Gary Smith; Moe Alidjani; Helen Alidjani; Ruth Johnson;
Ray Sotero; Coenraad Abas; Gail & Joseph Youmans; Annabelle Youmans; Don Youmans;
Bonnie Birch; Quentin Cravens; Marnell Chenowith
Minutes of the previous meeting held April 5, 1982 vrere approved as written.
Item
i Annette Hinrichs - Planning and Zoning Commission Chairwoman
Annette Hinrichs presented the Mayor and Council the proposed draft of the Subdivision
and Development Ordinance and the Zoning and Development Ordinance.
Hinrichs: "The cover of the Subdivision Ordinance has been printed on the back of the
Zoning Ordinance by mistake and the index of the Subdivision and Development Ordinance
has been misplaced in the middle of the maps. We (The P&Z Commission) voted at our last
meeting to submit this Zoning & Subdivision Development Ordinance to you as corrected."
City Clerk: "The corrections have been made to each draft presented and it stands approved
as it's corrected."
Hinrichs: "Each member should receive a copy of the corrections made. Page 43 to meet
the ob;iection to residents in the area on Old Town, we have changed the wording, which
hasn't really changed the intent of what we wanted to do. E!e changed the name of CBD,
Central Business District, to OT, Old Town. On the Zoning schedule of Use Control you
will find some uses marked on each use, because Old Town is a mixed use area as it has
been designated in the Comprehensive Plan. So, there is no change there at all - it has
always been a mixed use area. The changes we have made have just made it a little bit
clearer. Then on page 52, which is a zoning schedule of Bulk and Coverage Control, CBD
has been changed to OT and vae have a general wording in there to check each District,
whichever control for use they are requesting. Otherwise, the Ordinance is yours and it
is all done."
Mayor Glaisyer: "Thank you, very, very much. I know you have worked very hard on this
and you have done an exceptionally good job. We certainly appreciate it -Thank you again."
Item
2 Franklin Condominiums - Final Plat
Dan Green, Potter and Associates, Inc., was present to request approval of the Final Plat
for Franklin Condominiums.
Green: "To my knowledge every condition has been met. 41e will qo to the Ada County Highway
District for signature."
Earl Ward, Wastewater, stated that the covenants had not specifically stated about the
utility services.
Orton stated the Council had required separate water services and that had been covered.
They had not required separate sewer service because of the separate water service.
Covenants were reviewed.
Bruce Stuart stated he had not received the Final Plat.
Councilman Kingsford questioned easement for utility service.
Ward stated that the easement in a common area would be covered in the Association and
read from the covenants "including the utility lines area of access to any automobiles,
etc."
2.
Item 2 (Cont'd) Franklin Condominiums - Final Plat .........,.
The Mayor thought this was adequate.
The Motion was made by Orton and seconded by Brewer that the Council accept the
Final Plat of Franklin Condominiums.
Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea
Item
3 Catherine Park - Final Plat
Dan Green, Potter & Associates, Inc., and owner Tom Marks were present to request
approval of Catherine Park Subdivision Final Plat. Plat was displayed.
Councilman Orton: "On the second page there is a temporary easement on the culdesac
shown, what kind of easement do you have?"
Marks: "We have a verbal easement and it is being put in writing."
It was determined that it is not a public easement and on a private lane.
Marks stated that there would be an easement to go all the way through to Washington
Street and this was a temporary culdesac util Washington does go through. The
temporary easement would be recorded in the name of the Homeowner's Association or
the owner, then the plat would not have to be amended.
Councilman Kingsford requested that the utilities easement across the Crow property
be left open to the City as a guarantee of access.
Marks stated that had been anticipated.
There was discussion concerning suggestions and final approval of Public Works.
(Tape on file)
Fire Chief Welker requested that the Fire hydrant placement be on the corner curb
so it would be accessable from both directions. Designation was made on Plat.
Councilman Brewer requested tha Marks stress in the covenants that the property
owners are responsible for the parking. Parking to be off-street, making it
possible for fire and police protection. Brewer stressed this importance of
controlling the no parking and suggested this may be written in the property owners
fire insurance.
Department Heads reported that they did not have sufficient time to review the
Catherine Park Final Plat.
Engineer Smith stated he would desire to review the Plat.
The Motion was made by Orton and seconded by Brewer to table Catherine Park
Subdivision Final Plat.
Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea, Orton, yea
Item
4 Hearing - Brooklawn Farm Estates Annexation
Dean Rule was present representing Beth Biddick in the request for Annexation of
Brooklawn Farm Estates Annexation located on the South East corner of Pine and
Linder.
Rule presented the Mayor and Council with a copy of U.S. News and World Report,
April 12, 1982 featuring the quality, benefits and popularity of The Mobile Home.
~ Meridian Cit Hall Pa e 3. April 19, 1962
Item 4 (Cont'd) Nearing - Brooklawn Farm Estates Annexation ..........
Rule: "We are trying to put a Mobile Home Park for Adult population. We may have
legal problems to resolve and by the time we are ready to Plat we will know."
The Wastewater Superintendent comment was read that the City Sewer line located on
Pine is.8 inch and 15 inch on Linder Road.
Mayor Glaisyer called for comments from the Department Heads. There were none.
Mayor Glaisyer: This is a Public Hearing on Brooklawn Farm Estates Annexation.
Is there anyone in the Audience that wishes to make a statement, pro or con?"
There was no response. "Public Hearing closed."
Councilman Kingsford: "I think there is probably a need for this in Meridian. I
don't have any objection to the Annexation, but will take a close look at the
concept - the restrictive covenants and screening - when you come in with a
development plat.
New zoning was discussed regarding the new Zoning Ordinance. (Tape on file.)
The Motion was made by Brewer and seconded by Orton that the Council approve the
Annexation of Brooklawn Farm Estates, and to be zoned as "A" Residential, contingent
upon the owner to rezone to Mobile Home Park Subdivision Ordinance.
Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea
Item
5 Hearing -Annabelle Youmans Pre-School & Day Care Center Conditional Use Permit
Annabelle Youmans was present to request a Conditional Use Permit for a Pre-School
and Day Care Center to be located at 129 East Pine.
Annabelle Youmans: "I am proposing the acceptance of my application for the house
at 129 E. Pine, for the use of a Pre-School Day Care Center. I have stated, and
will repeat that I would like to use it for children from 2 1/2 years, through
Kindergarten, First and Second grades - 5 days a week, seven in the moring until
six in the evening. I have a nurse that belongs at work at 7:00 A.M., so I have an
exception that she comes at 6:20 A.M., Monday through Friday. I would fence in
the rear yard, the children would be in the rear, business would be conducted in the
rear because there are four parking spaces back there. This house has been a
business for years. I can see no problem with the traffic flow because of the
parking spaces and because there would only be drop-off - pick-uo and when they
pay their bill. You could probably average six minutes per person, and seldom do
two parents come at the same minute. They would arrive and depart from the back,
the children would come in the back - my office would be in the back, the play area
in the back. I would handle the house of course. My sign would be on the front
door stating to go to the rear door. "Entrance at rear'! would be printed, and
any business would be conducted at the rear. By law the front door would be
unlocked when the children are there."
Annabelle read a statement to the Council.
°uentlemens
Since I feel it would be of benefit to
occupations of the 36 parents participating
submit the following for your record:
Bookeeper - 1
Business Consultant - 1
Computer Maintenance - 1
Dental Assistant - 1
Deputy - Ada County Sheriff - 1
Detective - 2
have a cross-section study done on the
presently in Small World of Wisdom, I
Meridian City Hall Page 4. .April 19, 1982
Item 5 (Cont'd) Hearing - Annabelle Youmans Pre-School & Day Care Center Conditional Use Permit
Electrical Contractor -
Foreman - 5
Legal Word Processor -
Lithographer - 1
Managerial - 6
Minister - 1
Nurse - 2
Optical Technician - 1
Secretary - 4
Self-Employed - 2
Student - 1
Teacher - 3
The above should substantiate the fact that my constituents are a highly
acceptable group of people.
Sincerely, Annabelle Youmans"
"I will close with the thought that, since it has been a place of business for
twenty or so years, I am asking that you continue it as my place of business.
Thank-you."
Mayor Glaisyer: "Annabelle, are you licensed with the State?"
Annabelle: "Yes,"
Councilman Brewer: "I would like to backtrack on the history of Annabelle Youmans.
She came before the Council about two years ago from her business in the Lutheran
Church on Cherry and we gave her permission to go into business at East First
Street (.1403 E. 1st). She met the requirements there and conducted her business in
a very professional manner and then when she saw an opportunity to grow in her
field, moved to Blackcat Road where she made extensive remodeling efforts in the
anticipation df growth. Along came the hard times, she found she could not use
this to capacity and numerous complaints in regard to the mileage involved by
the people having to use her. This brought about her desire to locate at this
location now. I think her very reason for being in business is a professional line
of work and if professional people, or of any trade, do not have a place to house
their children - where they are safe and well cared for - they cannot work, In
reading through the Planning & Zoning minutes it looks like 35 people living in
that area within 300 feet have whole-heartedly agreed to her locating there. I
would strongly approve that we vote as much."
Councilman Kingsford: "Annabelle, you are talking about dropping down from 36
to 15 when you move in there. I lost my car in that alley, before people can use
your back door you. are going to have to use the alley."
Annabelle Youmans: "l have wondered hour that alley would be fixed and whose
responsibility - if I have to haul in gravel I will but, I would think 'it tvouTd
have to be the City or the County."
Mayor Glaisyer: "The Ada County Highway District."
Kingsford: "You would need to assure that is kept up. Is the property still for
sale? There is a sign in the front."
Barbara Nesmith: "Tt will be taken off the market if this is approved."
ridian Citv Hall
5.
1 19, 1982
Item 5 (Cont'd) Hearing - Annabelle Youmans Pre-School & Day Care Center Conditional Use Permit
Kingsford: "One other thing that hasn't been enforced until the last year - six
months - when property is brought back in for Conditional Use, we reassess them in
terms of hookup fees. I wonder if this business venture may require an additional
hookup charge. Hookup charges go to repayment of Bonds that were for construction
of sewer and water facilities. The single family unit is one hookup charge and in
the City Ordinance there are various hookup charges for sewer and water. I would
say if it is a commercial venture it certainly should have an additional hookup fee."
Annabelle Youmans: "I suppose I had better smile and say fine. If it's an
exorbitant amount I would object."
b!asteWater Supt. Earl Ward: "I have no probelm with the change of use. In my
opinion this would be a two (2) equivalent hookup with 15 students because you are
going to provide meals, care for children over a 12 hour period. From the
ordinance standpoint it should be assessed at a higher rate than a standard residence.
~r!hen it was a doctor's office the use was much lower."
Kingsford: "It should have been one hookup charge according to our ordinance."
Building Inspector Schoen stated his requirements would be taken care of.
Fire Chief Welker stated that there would be requirements for the Child Care
Center and Annabelle knew what the State, City and County Codes are.
Councilman Brewer questioned sewer and water billing. Annabelle stated that shy
had always eaid commercial billing at previous location.
Councilman Orton stated the sewer and water hookup fee for one additional hookup
would be approximately a75C.00. Annabelle stated this would probably price her
out.
Councilman Kingsford explained this additional fee goes for repaying the bonds for
our water and sewer facilities. The City's agreement is to charge these particular
rates for the repayment.
P"ayor Glaisyer informed Annabelle that she has a right to go before the hoard of
ecualization.
'favor Glaisyer: "Public Hearing is now open for the Conditional Use Permit for
the Pre-School Day Care Center for Annabelle Youmans."
Bruce McDonald: I live at 134 E. Pine in Meridian. I am little confused as
to ghat you mean about 3/4 of the people living or orening property within 300 Feet
of this Conditional Use Permit. I'm concerned about the wording."
Attorney Crookston left the Council room to acquire a City Ordinance Book.
McDonald: "I see no where where it mentions that there will be a maximum number
of children in that Day Care Center during the day. L understand if you wanted
more children than 15, all you would have to do is put another bathroom in by
State Lava - and then you can have 30 children with one more adult suoervision."
The Council discussed the State Law requiring so many bathrooms, exits, square
footage per child.
McDonald: "One child per 35 square foot. There''s approximately 900 square feet
in that house and Annabelle's planning on living in that home also, according to
the testimony last week. I am also concerned about the type of fence that is
going to be put up around that area. I live across the street from Annabelle, and
I have this waterbox that sits on the corner and have mere than once picked out a
kid from playing in that.I'm concerned whether it !~;ould be out of wood. I would
like to have it wood, parallel to Pine, if possible, to help alleviate the noise."
I.,.
Meridi
6.
19. 1982
Item 5 (Cont'd) Hearing - Annabelle Youmans Pre-School & Day Care Center Conditional Use Permit
"She (Annabelle) has not indicated to me or anybody how much is going to living
and how much is going to be for Day Care. This has not been brought up.
Mayor Glaisyer: "You mean her hours?"
McDonald: "No, I know her hours, I mean what her living space is going to be for
her and her son."
McDonald: "Also, the sign. I noticed at the one (Day Care Center) at Blackcat, she
has one "A" Frame 4x8, and another one that's 4X4. To me, that in a residential
area, which we are in, I think that's a bit too much.
LaMlana Niemann, City Clerk: "We do have an ordinance on signs in that area."
McDonald: "Well, there isn't any mention of that in there. The biggest thing I
have now is - we are waiting for the Lawyer, Wayne, to decide what he means by
living. The way I construed living and the way the P&Z told me last week is they
are actually living in the residence or residing there. I noticed on the petition
there are prople that do not own the property and do not live there, especially in
the public, for instance the downtown area, which is a part of it. For instance the
Post Office is not owned by the United States Government, it is owned by Sally Keller."
McDonald went on to discuss who the property owners of certain properties in the
area actually were. (Tape on File)
McDonald explained that the petition was signed by the people residing in the
property and not the owners of the property. He stated several examples. (Tape on file
McDonald: "I feel in essence that there are some discrepancies on this."
Councilman Orton: "You are getting into that if the lessee's of these business
enterprises aren't concerned residents - that the petition that these people handed
in is not a valid petition?"
McDonald: "That's correct according to what I understand."
Orton: "I've never ran into the status of a lessee. Has it ever come uo before La4!ana?"
LaWana Niemann: "No."
McDonald: "Leave it to me to be the first one, but this is something you'll have to
look at later."
LaWana Niemann: "I wanted to say one thing, the petition and the signers can only be
checked by the City Clerk from the City Records, and we did pass an ordinance some
time ago that the owner must pay the water bill. The 35 verified signatures does
correspond with the City Records. Bruce McDonald has discovered that probably
1/2 of those are not the legal owners of the building - but they have a 99 year
lease."
McDonald: "Not all of them, just the Post Office probably."
Wayne Crookston, City Attorney, returned to the Council Chamber after researching
the drdinance.
Crookston: "Our Ordinance requires that where the Planning & Zoning Commission feels
that there may be a general objection, they can make sure that notices are sent out.
The Ordinance also provides that the applicant secure the approval of a least 75%
of the "Interested Persons", in a radius of whatever distance the commission shall
determine. The Commission has set forth in their petition the requirements that have
to be fulfilled, so they basically by means of an application form, have set forth
their requirements for the Zoning to change on a Conditional Use basis, and that would
be 75% persons of those persons living or owning property within 300 feet must
agree to the Conditional Use before the proposed use will be considered. The form in
our Ordinance has to read in light of the Land Use Planning Local Law, which requires
that notice shall be provided to property owners and residents within the land
being considered. So I would gather that the appropriate construction is that
notices have to be sent out to all residents and owners within a radius of 300 feet.
According to the form, 75% of those persons would have to acknowledge their consent.
Meridian City Hall Page 7. April 19, 1982
Item 5 (Cont'd) Hearing - Annabelle Youmans Pre-School & Day Care Center Conditional Use Permit
Mayor Glaisyer: "So you're talking about that we are going to have to start sending
everthing out Certified Mail."
Kingsford: "To both owners and residents or occupants."
Mayor Glaisyer: "That's is the only way we're going to know if the notice went out."
Orton: "Wayne, what is the position of the lessee in that arrangement? Do they
get a notice and must they be part of the 75%?"
Crookston: "I think that they do, this says as long as they are residents within
the area. The State Law says to property owners and residents. In a commercial
setting, I would say you are only dealing with the owner because the lessee of a
commercial property is not a resident."
Orton: (To McDonald) "Then your point is well taken there."
McDonald: "Yes. May I also make note that I've checked with Ada County and they
do the same thing. The only people that are put on a petition are those who own
property, and they don't even put lessee's on there what-so-ever."
Brewer: "I couldn't ever agree to that because once a property has been leased or
rented, the owner gives up alot of right to that property. It's the people living
there that obtain the right to control what goes on on that property at that time.
Therefore, I think we have to consider the lessee and the renter as having control
over what goes on in an instance like this. It could be our Ordinance may say
elsewise - but I think it's wrong then."
There was discussion on the rights of the owner and the renter or lessee of a
property. (Tape on file.)
Mayor Glaisyer: "Wayne, legally, what is your opinion that we should do with this
situation?"
Crookston: "I think that what should be done in this particular instance is, and
should be done in all instances, is to require the petitioner for the Conditional Use
Permit to supply the names of all property owners within the 300 foot radius. On
either the form or whatever is to be set up as such, that he, the petitioner, either
certifies, or he gets certification from the Assessor's Office that those are the
property owners and also he has to obtain a list of those persons who are residents
and then both of those lists are what you go from for your total consent. Wotice
must be sent by the petitioner to all those people both the owners and. the residents
and that's the 75% thay they have to fulfill."
Orton: "Wayne, you mean owners of record?"
Crookston: "Yes."
There was discussusion again concerning the rights of the owners and of the renters
or lessee's. (Tape on file.)
Orton: "We sure saved ourselves alot of trouble tonight Gentlemen. We don't have
to worry about Conditional Use Permit's at all anymore, particularly in complicated
sections of town where there's alot of property owners."
Brewer: "It's opened the Barndoor."
Orton: "It will be virtually impossible to produce an acceptable petition under
these circumstances in alot of cases."
Mayor Glaisyer: "Well I - - Yes, Annabelle did you wish to speak?"
Annabelle Youmans: "Yes. I was given a letter head that said "City of Meridian" -
and City. Clerk knows that I questioned it - and it said owner or resident must
sign - and LaWana will verify that - and I said "That's owner or resident LaWana?"
And she said "Yes." And we got the owner or resident. So for the future I say
that Mr. Crookston is probably very right,'but I went on what City of Meridian letter
head said, what the letter that I took to the people and they read it - that's what
it said, that's the people that signed - and I brought it back and I did what she
(City Clerk) said - and there it is and I think it's totally unjust to put me
down for that that's for the future."
Meridian Citv Hall Page 8. April 19, 1982
Item 5 (Cont'd) Hearing - Annabelle Youmans Pre-School & Day Care Center Conditional Use Permit..
Mayor Glaisyer: "Well I'm sorry you think it's unjust but we all here make
mistakes, and we made a mistake, we found out we were not within the Law, we've
been doing these Conditional Use Permit's for years, and this is the first time it's
been brought up, and that's how we get our education here, and I'm sorry you
feel that way."
Annabelle Youmans: "At my expense."
Mayor Glaisyer: "Well I'm sorry. The City has spent some money too. I can see
no other course Gentlemen than to - - - -"
Crookston: "Joe - as for the form itself, which reads three-fourths or 75% of those
living or owning property within 300 feet - it can certainly 6e read in disjunctive -
and that is to say those person living - you have those persons living there, and
you have those people who are owning - so you can still read it the way I have
already interpreted it."
Annabelle: "But the people that signed it read it - - -"
Lawana Niemann: "I have not had the opportunity to check out the actual owners.
She (Annabelle) very well may have the 75% of the owners. So I suggest maybe it
might be table until we can check out - and verify exactly. I have 38 verified
signatures - by the City Record - of ownership. She needed 35, now I find that there
are other owners that we have no record of. She very well may have 75% of the
legal owners signatures."
Crookston stated that he thought the Council should extend Annabelle's application
for the Conditional Use Permit and the fees that had been paid.
Mayor Glaisyer: "Does that mean that we should continue with the Public Hearing?"
Crookston: "Is the Public Hearing still open?"
Mayor Glaisyer: "Yes."
Crookston: "You can go ahead and finish it."
Mayor Glaisyer called for any additional public comment.
Joe Youmans: "I'm Annabelle's son, and quite bias. Have wedefermihed possibly that
the letter of the law is going to change, or is it not going to change? I'm
relating to the question that is at hand. Have we determined that even though this
may be different than the law states that in the future now or forward is that law
going to change, or is it as you've said, we made a mistake, and we've all made
that mistake, I appreciate that, but is the law going to change, or is it going to
remain the way it is? Or is that a good question?"
Mayor Glaisyer: It's a very good question. It will change."
Joe Youmans: "Will it change to what has been defined by the attorney?"
Mayor Glaisyer: "Yes."
Joe Youmans: "And is there any variance in that we can educate ourselves about?"
Mayor Glaisyer: "Other than the fact we have to notify both the rental and landlord,
which we didn't do, or it's questionable that we did."
Joe Youmans: "Well, I have to speak on behalf of mom. The time difficulity, I'd
ask you to be considerate of for the moment. that she has made these plans up to
and including leaving the house that she's in and the business she is in on
Blackcat, so we have a time problem and I share that with you. I don't know what
to do about that, she has a time problem, I ask you to be considerate of that. She
also has the lack of knowledge about what to do with the City statute that she
went to the effort of making and meeting those specifications and now we find out
it's different than we intended and of course different than you thought also.
I wonder if we could take that into consideration. Do we have to set a legal
precedent just in this case?"
Meridian Citv Hall Page 9. April 19, 1982
Item 5 (Cont'd) Hearing - Annabelle Youmans Pre-School & Day Care Center Conditional Use Permit...
Mayor Glaisyer: "We are going to continue with the Public Hearing, take all the
testimony tonight, and research the names that she has presented to see how many
property owners are actually on there and Wayne will do more research as far as
positioning us as to what we should do. The lengthy process you are going through
tonight - I see no reason that upon concurrrence of the City Attorney and the
confirmation of the correct number of signatures - that we couldn't have a special
meeting and make a decision."
Joe Youmans: "Thank you Sir."
Councilman Kingsford: "We are not making a precedent here. If in fact we have
been in violation of the law, certainly those neighbors - and certainly Mr.
McDonald would be one - would have right to litigation against the City,if we
knowingly violated that. We unknowingly have violated that for years, but if that
is in fact the law we'd be up the creek, if we knowingly violated that.
Joe Youmans questioned if there would be a time restriction placed on the return of
the certified mail. (Tape on file.)
He was assured by the Mayor that there would be a deadline for the return of the
notices.
The Mayor called for any other public comment.
Kenneth Marler, Meridian Merchants Association, stated he felt the hookup charge
was a fair and just charge for changing to commercial from residential. (Tape on file.)
Bruce McDonald stated to the Council that there were 7 or 8 negative letters
concerning the Day Care Pre-School Center from residents of the neighborhood.
Mayor Glaisyer pointed out that there are several lettersin favor of the Day Care
Pre-School Center also, and that all letters would go on the record.
Mayor Glaisyer called for any additional public comment.
There was none.
Mayor Glaisyer: "The Public Hearing is now closed."
Mayor Glaisyer: "Our decision will be based on what Wayne suggests and that the
signatures are actually - - -"
Joe Youmans: "Will we be able to appear at another public meeting?"
Mayor Glaisyer: "Yes, you will be contacted."
Playor Glaisyer: "Wayne, what do you suggest?"
Crookston: "I recommend we table it, and examine the signatures and compare them
to property records that we can obtain."
The City Clerk questioned who was responsible for obtaining the names of the
property owners for signatures.
Mayor Glaisyer: "They (The petitioner) would be responsible for going down to the
Assessor's Office to get the correct information."
Orton: "That would be just generally always our policy that they (the petitioner)
would get the owners, the records, the list of residents and they would provide
that with their petition. That would be their responsibility - otherwise we'd
we taking on a mountain of responsibility."
Crookston: "I think it's standard in other municipal governments to require that
the petitioner provide that information."
I Me
ill Page 10. April 19, 1982
Item 5 (Cont'd) Hearing - Annabelle Youmans Pre-School & Day Care Center Conditional Use Permit...
Bruce McDonald stated that there were other interested parties that could not
be at the Public Hearing.
Mayor Glaisyer stated that the Public Hearing was closed, and there would be a
decision by the council, but that anymore public input would not be accepted.
(.Tape on file.)
The Motion was made by Kingsford and seconded by Tolsma to table the Conditional
Use Permit request in the May 3rd meeting, or earlier, so long as all interested
parties are notified.
Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea
Item
6
Hearing - Pretermination Water, Sewer, Trash Delinquencies
Mayor Glaisyer read the TURN OFF NOTICE to the public: "This is to inform you
in writing, if you choose to, you have the right to a pre-termination hearing, at
7:30 p.m. April 19, 1982, before the Mayor and Council, to appear in person to be
judged on facts and defend the claim made by the city that your water, sewer and
trash bill is delinquent. You may retain counsel. This service will be discontinued
April 22 unless payment is received in FULL."
Mayor Glaisyer: "Is there anyone here tonight that wishes to appear regarding
your Water Sewer or Trash bill?"
There was no response from the public.
Mayor Glaisyer: "If not, they are hereby informed that they may appeal or have
the decision of the City reviewed by the Fourth Judicial District Court, pursuant
to Idaho Code. Even though they appeal, the water will be shut off."
The Motion was made by Kingsford and seconded by Orton that the water be turned off
if the bills had not been paid.
Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea
Item
7
Ordinance 404 - Broadway Estates West Annexation
Mayor Glaisyer read Ordinance 404 entitled: AN ORDINANCE ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: APART OF THE NE 1/4 OF
SECTION 12., T.3N, R.1W, B.M., ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN, 6:HICH
PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO.
There was no response.
Mayor Glaisyer: "Is there anyone present that wishes Ordinance 404 read in its
entirety?"
The Motion was made by Kingsford and seconded by Brewer 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 ant that Ordinance Plumber 404 as read be passed
and approved.
Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea
Meridian City Hall Page 11 April 19, 1982
Item
8 Sewer Rehab Project Bills
Mayor Glaisyer presented two bills to the Council on the Sewer Rehab Project.
Mayor Glaisyer: "The first bill is f rom JUB Engineers it's"an interim billing
for administrative service provided,' in the amount of $3,000.00."
The Motion was made by Kingsford and seconded by Tolsma to approve the bill of
JUB in the amount of $3,000.00 from t he Sewer Rehab Project fund.
Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea
Mayor Glaisyer: "The second bill is from Northwest Underground Surveys for
surveying sewer line for the Sewer Re hab Project, in the amount of $150.00."
The Motion was made by Kingsford and seconded by Tolsma to approve Northwest
Underground Surveys bill for $150.00, from the Sewer Rehab Project fund.
Motion Carried: Y.ingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea
Item
9 Other Business: Councilman Brewer - Portable Action Signs
Ken Marler, Meridian Merchants Association - Itinerant Merchants
Councilman Brewer stated that there is a problem with the portable action signs
placed throughout the City. He stated that they are now being sold. This was
not the intention of the Council and the approval of the signs was given for
temporary placement only.
There was discussion concerning the portable action signs. (Tape on file.)
Mayor Glaisyer instructed Councilman Brewer to proceed to look into the matter,
and report back to the Council.
Ken Marler, Meridian Merchants Association President, expressed his concern on the
problem of spring peddlers.
Councilman Brewer stated that the Chamber of Commerce had written a letter also
concerning this matter, and hoped that something would be done about this.
Each member of the Council was given a copy of the letter. (Letter on file with
these minutes.)
The Motion was made by Kingsford and seconded by Orton that the meeting be adjorned
at 9:00 P.M.
Motion Carried: All yea
ATTEST:
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aW na L. Nie it Clerk
°H O N E (208) 888.2817
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4?6 BAST FIRST ST. !~.0. BOX 557
MERID'AV, IDAH083542
April 15, ?982
Mayor Joe G'aisyer and
Meridian Ci~v Counc__1
Meridian, Tc.a.)o 83542
Dear Mayor '>nc' Counc_1:
Ah Sp-:_n8; A ti~Pe when the tree sae begins to ran and
itineran*_ peddlers _.ke to t:^.e streets and byways of our fair
c, ty. The d=f'_`renC ?c^'=Weep trees a^_d jJ <_'dd'_erS a?ld t.'I ('
reason for cur. ~~*_tc, =_s t:'~at trees a'_ways mace a Lair return
of what theme educe to assure :'~~ future of their kind while
temporary :nts have in the past o::1v ta'cen and not
contributed ~_ *"air re~-urn to assure their '_Kind i.n the future.
These of us ~:'~?o are permanent merchants of Meridian and the
Chamber of Com^;erce are most willir.~ to compete with the
itinerants, but hope t'nat you and the council wi'_= assure
that existint temporary vendor License ordinances w~'_'_ be
enforced or .1:.a.~_ effective ordinance:; wi_' be passed so t'zat,
in fact, ail ~:eridiar. merchants of ~,.'iatever commodi*_y ,~,i 1 L
compete e~ualLy and share e~aally ~ir. the cost of goods and
services pr<;v_.!ed by the City of Meridian. To aL~ow the.
1 tlneraRtS t0 ~~')era to a~a'nSt U W'-thOU`_ Sl:lar'n~ 1n tll['
costs of thos.~ overnmenta:_ service:>, protections and roods
is unfair treat~?ent and advers'-y discriminates aainst hose
of us who conti~,iue to pay `.or tl;ose services when the sap
does not run, su that oar '_emporary comec~±:itors wi'_i :nave
a place to sel'_ their ware; come Spr~_ng,
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a;
Sincerely your:.,
L'ili 3rewcrr
BB: ds
P. S.
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Preparci at the ! equest of the ~,~~,r-idian C'__a*.r;~er of Conmierce
Soars o` __rectors.
ORDINANCE N0. 404
AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS
FOLLOWS: APART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 12., T.3N., R.1W.,
B.M., ADA COUNTY, IDAHO, TU THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT
AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO.
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 property which is described as follows: ~
BROADWAY ESTATES WEST ANNEXATION
Parcel 1:
283
A part of Lots 1 and 2 of Westlawn subdivision, according to the Plat thereof
filed in Book 2 of Plats at page 94, records of Ada County, Idaho, more partic-
ularly described as follows:
Commencing at the Northeast corner of-said Lot 1; thence West 126 feet
along the South line of West Pine Avenue; thence South 125 feet to the
real point of beginning; thence continue South 412.19 feet; thence
West 528.40 feet; thence North 77.12 feet; thence East 130.0 feet;
thence North 335.07 feet; thence East 398.40 feet to the point of
beginning.
Together with all water, water rights, ditches and ditch rights of way
appurtenant thereto or connected therewith.
Parcel 2:
A part of Lots l and 2 of Westlawn Subdivision, according to the Plat thereof
filed in Book 2 of Plats at page 94, records of Ada County, Idaho,more partic-
ularly described as follows:
Commencing at the Northeast corner of said Lot l; thence South along
the East line of Lot 1 a distance of 533.0 feet to the point of beginning;
thence South 453.0 feet to the Southeast corner of Lot 1; thence Westerly
along the South line of Lots 1 and 2, a distance of 654.40 feet; thence
North 448.81 feet; thence East 528.40 feet; thence North 4.19 feet; thence
East 126.0 feet to the point of beginning.
Together with the canal right of way adjacent on the South side of-said property
and also together with the North 1/2 of the Idaho Central Rail Road Right-of-way
adjacent to the south line of canal which is adjacent to the South line of
said property.
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:
BROADWAY ESTATES WEST ANNEXATION
Parcel 1:
A part of Lots 1 and 2 of Westlawn Subdivision, according to the Plat thereof
filed in Book 2 of Plats at page 94, records of Ada County, Idaho, more partic-
ularly described as follows:
Commencing at the Northeast corner of said Lot 1; thence West 126 feet
along the South line of West Pine Avenue; thence South 125 feet to the
real point of beginning; thence continue South 412.19 feet; thence West
528.40 feet; thence North 77.12 feet; thence East 130.0 feet; thence
North 335.07 feet; thence East 398.40 feet to the point of beginning.
Together with all water, water rights, ditches and ditch rights of way
appurtenant thereto or connected therewith.
Parcel 2:
A part of Lots 1 and 2 of Westlawn Subdivision, according to the Plat thereof
filed in Book 2 of Plats at page 94, records of Ada County, Idaho, more partic-
ularly described as follows:
;S4
•
ORDINANCE N0. 404
•
Commencing at the Northeast corner of said Lot 1; thence South along
the East line of Lot 1 a distance of 533.0 feet to the point of
beginning; thence South 453.0 feet to the Southeast corner of Lot 1;
thence Westerly along the South line of Lots 1 and 2, a distance of
654.40 feet; thence North 448.81 feet; thence East 528.40 feet;
thence North 4.19 feet; thence East 126.0 feet to the point of
beginning.
Together with the canal right of way adjacent on the South side of said
property and also together with the North 1/2 of the Idaho Central Rail
Road Right-of-way adjacent to the south line of canal which is adjacent
to the South line of said property.
be and the same is hereby accepted, as requested by the owners, and made
a part of the City of Peridian, Ada County, Idaho, and said real property
is hereby zoned "A" Residential.
Section 2: 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 withnthe Ada County Recorder, Ada County Assessor,
and the Stato Tax Commission with 10 days following the effective date of
this Ordinance.
Section 3: 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 19th day of April, 1982.
ATTEST:
c
La aha L. Niem n, 'ty C erk
pc: Recorder .4.121.82
Ada County :Assessor 4.21.82 O.S. Post Office; Pneridian~ilD~
State Tax Commissioner 4.21.82 J-U-B Engineers:-SnC.~ '~
Ada County Commissioners City Minutes
Ada Coungy Highway District Lorin Saunders
Ada County Tax Collector Dan Wycherly, G.R.T. American Realty
Ada County Zoning Director File, Broadway Estates West
Ada Planning Association
Association of Idaho Cities
Central District Health
CTM2
Idaho Power Co.
Idaho Survey & Rating Bureau, Inc.
Ingermountain Gas Co.
Mountain Bell
Nampa-Meridian Irrigation
State Electrical Board
State Highway Dept.
State Plumbing Board
Sterling Codifiers
Ada County Bldg. Dept. Director
Union Pacific Corp.
U.S. Dept. of Commerce