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HomeMy WebLinkAbout811 E Pine street George & Wilma StresserL9- 1/0 9? V i RECEIVED APR i `_i 1996 MERIDIAN CITY COUNCIL MEETING: APRIL 16 1996 APPLICANT: ITEM NUMBER; 24 REQUEST; GEORGE & WILMA STRASSER: REQUEST FOR SEWER -HOOKUP AGENCY COMMENTS CITY CLERK: C�IYi7�1C�71��1 CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: f , rA CITY FIRE DEPT: $r� CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ,.. ! y�fn, +, .•�}.\1� r i� .; �.'_t F,>'. `:5 f jJ.?,,, IAF, „,: tl 'yV.,.,lr, .+l,r%�• tFS`� f�`':f.�yyh'C ,�..y, K, t , 3�'.: ryi' .'y�; ,fir �ig.4..7.i*\�J Sj�+ '',��j $+. 1 :v �i7 1�\ J it'4 ''�'' � f St; :r�`t l 4 >ti), • a,i � ti `7': � 1',: tP$h` 4w`� � t �,� �ly�{�if{4iv y1 T'� � ; { •��y,Sy�4°�T+f• �/, �,y7b¢�'1F5t, ;�{{�,yl`'i(i, si � }��� /.:x... •r.:7:.ivr.. �l. t. r. t. WSt:.I �., t.;..a.:+1j,,.cfr.�.'.9.. t1...Ci:'�ti�,. h.,�+a. ,.+,.:S.i ��.b..>i..4..,,,i.oi.?i��s"t,•�i;YIn�4.x..1(rh'rr.•.Yfita'�;5�� a�?)f"tii�Lsiiii�ii'..Sf�.,,el.;'i<Sr;4�..i�:t..�:t'Yr��'�6t 'ZY,x2.�1.>..• � t, t rxl^• yi't, rK i; A�:rt _ r.� � a Si` "� x s r r,� A>`i��t�i��t���,y � �r "t�A � '... s r' r i 9 xti►r rW,\'. a v } t41 �-1 L/ - t JJ! il� rti4 it 6 �I Q Pr`r�;t�lS`t�^}�i� 1 l�li��; l• t --------- -- +fr rrt i ' [ t4 r�-)171�d �><�t��+r`<�_ .— _ 1 r nay{: -""w-.-'---, �.:•r-c.,-�..e=...-,--+t--.'� � RECEIVED APR 1 5 1996 1 i, CITY OF MERIDIAN 1 '_..�--— t /__.�Q. rz:� `� �,_.. �_r_� 2er r,•' P" l lea r , t Ij i'! T 1Il d iJ 4 rrt i ' [ t4 r�-)171�d �><�t��+r`<�_ .— _ 1 r nay{: -""w-.-'---, �.:•r-c.,-�..e=...-,--+t--.'� � RECEIVED APR 1 5 1996 1 i, CITY OF MERIDIAN 1 CENTRAL •• DISTRICT Iff'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. # 96-131 Via Cert. Mail # z 105 674 511 April 02, 1996 Mr. George Strasser PR 3 arab , 825 East Pine Meridian, ID 83642 'AERO-1rN RE: 811 East Pine Dear Mr. Strasser, Title 1 Chapter 3 of the Idaho Individual and Subsurface Sewage Disposal System Regulations do not allow for sewage to flow onto or be present on the surface of the ground or be open to the atmosphere where it creates a nuisance due to odor or a hazard to public health. An on-site inspection on April 01, 1.996 found these conditions to be present at 811 East Pine, Meridian, ID 83642. Please respond to this letter within seven (7) days with corrective procedures that will be implemented. All corrective action must be completed in thirty (30) days. Failure to comply is a misdemeanor violation.as per Section 39-117 of the Idaho Code and punishable.by a fine of Ten Thousand dollars ($10,000.00) or One Thousand dollars ($1,000.00) for each violation. Each'day of violation constitutes a separate offense. To repair or replace a failing system you are required to obtain a permit from this office. If this is not corrected by May 01, 1996, this office will proceed with legal action against you through an attorney representing the Central District Health Department. Sincerely, Michael H. Reno, EHS Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Marty Jones, Supervisor of Environmental Health Tom Schmalz, Senior Environmental Health Specialist Gary Smith, City of Meridian Serving Valley, Elmore, Boise, and Ada Counties MR / s t ADA / BOISE COUNTY OFFICE 707 N. Armstrong Place Boise, ID 83704-0825 Ph. 375-5211 ELMORE COUNTY OFFICE 520 E. 8th Street North Mountain Home, ID 83647 Ph. 587-9225 r VALLEY COUNTY OFFICE P.O. Box 1448 McCall, ID 83638 Ph. 634.7194 O iz) O 1:0 Meridian City Council April 16, 1996 Page 60 Fiesta II to Dennis Philp. Rountree: So moved Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that the request for transfer of beer and wine license be transferred from Fiesta II to Dennis Philp, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: REQUEST FOR A LIQUOR LICENSE FOR DENNIS PHILP: Corrie: Chief again any comments? Gordon: There is not a problem with the license, this is one of two new issues that the State has reevaluated our population and issued two additional licenses to the City of Meridian, this is one of them. They said our population is 15,500 now. I thought it was big of them. Corrie: And then this liquor license will go to Fiesta Guadalara? Gordon: Yes sir, there is still one out there that needs a place to go. At last I heard it was going to go down on Idaho Street there right next to the Sunshine Air Conditioning place between there and the insurance, next to Mayes. Corrie: Any further questions? I will entertain a motion for request for a liquor license. Bentley: So moved Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree on the request for liquor license for Dennis Philp be approved, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #24: GEORGE & WILMA STRASSER: REQUEST FOR SEWER HOOK-UP: Meridian City Council April 16, 1996 Page 61 Corrie: Is George or Wilma here or a representative? They have their signed papers here' requesting the hook up. Bruce, they are not here but (inaudible). Does anybody have any questions? Morrow: Did not Gary talk to us about doing that deal. My suggestion simply was that we (inaudible) second hook up the double portion or whatever we do when the property (inaudible) press forward, please Bruce jump on that. Freckleton: They have paid for two, they paid double assessment on one parcel and that was related to me was that they wanted to work out some sort of an arrangement for payment of the second double assessment for the, other parcel. Corrie: I think Mr. Smith brought that to me and we brought that to you. Berg: Gary Smith and I met with Mr. and Mrs. Strasser and there from the probably good investment of learning of life that they do not want to borrow any money so they are going to save up their money and when it comes time for them to have enough money or if the property sells or whatever they will do the second hook up. They only want to do the one hook up right now, the one Central District Health says you need to do. They are in the process of trying to sell their property they do not want to hook the other one up. When they hook up to the sewer connection they will put a Y yoke so they can hook up the other house up to it when it comes time and they have the money. They do not want to go into debt they will when they have money and the will do what they have to do but they are only wanting the one house right now. ' So there is not payment plan or anything like that they will just wait. Morrow: Let me make a motion then, I will move that we approve the hook up for the one house the double fee for the second house will not payable until either it is hooked up to our system or until the sale of the property or a change of ownership in the property. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, you have heard the motion, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Freckleton: Mr. Mayor, this is probably an issue more for them than it is for the motion but when that property does sell there will need to be an easement granted across the one parcel since they have a common service line that will serve both of them you will have two people on one line there should be an easement for his protection for that service line. Meridian City Council April 16, 1996 Page 62 That is the information that has been passed onto the Strasser's Corrie: They will record it as such. Alright, any questions of the Council? Morrow: I guess my question there would be is we are talking about a single lot without a split having occurred is that correct, there are not two legal descriptions here there is one? Freckleton: That is my understanding is that it is a single parcel (inaudible) there are two houses on the single parcel and they are trying to sell off one of them. Morrow: Are they not going to have to do a one time lot split? Freckleton: That is a good question for our Planning and Zoning Administrator. (Inaudible) Morrow: My point here is what I am concerned about is you have a lot and you are doing this one time split it doesn't seem to me it would be prudent to have an easement for service coming off of a common service. It appears to me that it would make more sense to have each of them independently serviced. Freckleton: Looking at the map on the wall comparing it with their vicinity map it is two parcels, there are two separate parcels under their, they own both of those. Morrow: So from my standpoint, it doesn't make sense to have two services on one line. Easement or no easement. Freckleton: That was discussed with our Plumbing Inspector, Plumbing Official and this is a county parcel so the State has control over this as far as the plumbing on that. Typically there would be two service lines run, one for each parcel. Lynd didn't have any problem with it coming off of one common line. But either way you go you are still looking at an easement situation. Morrow: I understand that, I have a problem with it serving off of one line from the standpoint of in the future if one property plugs it up and we have two users that are not related and the Strassers are well out of the picture at that point in time then the first calls is a call back to the City. My preference would be one residential stub especially when you have 2 specific properties for (inaudible) that they be individual services. Freckleton: I have no problem with that, that is reasonable. Meridian City Council April 16, 1996 Page 63 Corrie: So they are. going to have one line and that is the one that they pay for, the next, time they sell the second line will go in. Morrow: That would be my preference. ITEM #23: WAYNE CROOKSTON: DISCUSSION OF PROCEDURE ON FINDINGS OF FACT AND CONCLUSIONS OF LAW: Crookston: Thank you Mr. Mayor, it came up a week ago or two weeks ago it was a comment in the Statesman and I just wanted to address some of that. A decision by the City Council has never been made as to how or what excuse me how or when the findings of fact and conclusions of law are distributed or when they are available to the public. It has been my I guess, my undecided process that they were prepared by me, they were then delivered to the City Clerk and recently Anna but there has never been any decision as to when they would be released to the public. I want to state that I have to particular reason to say that they should not be released, I think it is a Council's decision that is why I have requested that this be on the agenda and I think it is probably time for this issue to be decided when they are available. Under the public writings statute which is in Title 9, Chapter 3, public documents are available when requested. The "public record" is defined as includes but is not limited to any writing containing information relating to the conduct or administration of the public's business prepared, owned, viewed or retained by any state or local agency regardless of its physical form or characteristics. The only question I have there is because of it being prepared, owned, used or retained by a local agency which the City is a local. agency if it is'prepared by the Mayor, if he is just hand writing it, is that something that is done. Say he is writing a letter to a personal friend while he is sitting in the Mayor's office, is that a public writing. I suppose the argument would be that it is not a public writing if it has nothing to do with public business. The question that then comes to my mind when I prepare findings of fact and I prepare them and I still have them in my office they haven't been submitted to the City I am an employee of the City so then are they things that I have done for the City and is that a City owned document. I am not sure about that. I am not saying that it is not, I am not saying that it is. I just have a question. It has been my own written decision or undirected decision that I thought it was appropriate for the findings to only be released'when the City Council had adopted them. As I stated the City has never made a decision on that, I think it is very wise for the City to make a decision on that. It is really something that has been done that way because that is the way it was done and there has been no decision. I certainly feel that it is probably time'for the City to make a decision because no decision has been made before. So I am just raising that up, I .have no objection to releasing them as soon as I get them off my printer if that is the decision of the Council. So I would just leave it up to the Council and Mayor to decide.