HomeMy WebLinkAbout1985 05-20!
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A G E N D A
MERIDIAN CITY COUNCIL
MAY 20,1985
ITEM:
bIINUTES OF PREVIOUS MEETING HELD MAY 6, 1985: (APPROVED)
l. PROCLAMATION DECLARING MAY 24,1985 AS POPPY DAY:
2. AMERICIAN LEGION, VETERANS OF FOREIGN WARS & WORLD WAR I
BARRACKS # 1056:
3. PUBLIC HEARING, ANNEXATION & ZONING WITH VARIANCE AND CONDITIONAL
USE PERMIT ,REQUEST BY LEROY FENSTERMAKER: (ATTORNEY TO PREPARE FINDINGS
ON VARIANCE & ORDINANCE)
4. PUBLIC HEARING, CONDITIONAL USE PERMIT REQUEST BY RUSTY MARTENSEN
FOR MOBILE HOME SALES LOT (APPROVED WITH CONDITIONS)
5. LAWRENCE RACKHAM, MR. ROOTER:
6. DEPARTMENT REPORTS:
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MERIDIAN CITY COUNCIL
MAY 20, 1985
Regular Meeting of the Meridian City Council called to order by Mayor
Grant Kingsford at 7:30 p. m.:
Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler:
Others Present: Ed Romero, Pat Romero, Steve Gratton, Earl Ward, Bruce
Stuart, A1 Lance, Gary Smith Doug & Cindy Nichols, Russell & Ron Hardy,
Lee Roy Nelson, Rusty Dempsey, Kenny Bowers, Roy Porter, Bob Mitich,
Cozette Bohna, Cecil Cherry, Harold Biscoe, Lawrence Rackham, Leroy
Fenstermaker, Wyeth Schweers, Bob Spencer, Wayne Crookston, Ronda Lowe,
Robert Templeton:
The Minutes of the previous Meeting held May 6, 1985 were approved with
the correction on page #3 concerning the vote on the Claremont request
that Brewer only voted once and Myers also voted in favor.
~ayor#~ingsford read a Proclamation declaring May 24, 1985 as Poppy Day
in the City of Meridian. (Proclamation on file with these minutes)
ITEM # 2'
Mr. Wyeth Schweers representing the various Veterans Organizations asked
for the Mayor & Councils' support and participation in the Memorial Day
5ervices to be held Monday at 11:00 A. M. at the Meridian Cemetery.
Mr. Schweers read a poem entitled A Cemetery on Memorial Day.
(Letter & Poem on file with these minutes)
ITEM # 3: Public Hearing, Annexation & Zoning w/Variance & Conditional
Use Permit for Leroy Fenstermaker;
Mayor Kingsford this hearing would be conducted under the provisions of
Ordinance #446:
Mayor opened the Public Hearing:
Mr. Rusty Dempsey, Mr. Dempsey was sworn by Attorney Crookston:
Mr. Dempsey, I have been a neighbor of Mr. Fenstermaker for several years
and have no problems with him and urge the Council to approve his request:
Harold Briscoe, Mr. Briscoe was sworn by Attorney Crookston:
Mr. Briscoe, I have know Mr. Fenstermaker for many years and he has
always been a good neighbor to me and i feel he has been a good mechanic
and feel he deserves to have his own business at his location.
Cecil Cherry, Mr. Cherry was sworn by Attorney Crookston:
Mr. Cherry spoke in favor of the City approving this request:
Leroy Fenstermaker & Attorney Lance, Mr. Fenstermaker & Mr. Lance were
sworn by Attorney Crookston:
MERIDIAN CITY •UNCIL
MAY 20, 1985
PAGE # 2
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Mr. Fenstermaker, I am asking for a Variance and Conditional Use Permit
to rebuild the building I lost last April a year ago in a fire. One thing
that has been stated and not put on the record is that this building that
was put up in 1972, was put up by a contractor and at the time the build-
ing was put up there was no reguirement as to size or anything in Ada,
County. I did not know that the building was illegal until after the
building had burnt down. I have no other recourse to go back to the
contractor as to why he did not get this certification with Ada County
because he is deceased. We have followed to the plan about putting up
the fence, we have installed the fence down the property line bewteen me
and the Carmack property, this goes 97.4 Feet between the two properties
and is a six foot cedar fence and also installed six foot cedar fence
between Mitich property and mine, I have asked him to look at this to
determine if this goes far enough, if he thinks it needs extended further
I will extend it further. Mr. Fenstermaker had a drawing of where the
fence had been instailed to present to the Council. There were no questions
of the Council.
Mr. Lance, with respects to the Findins of Fact and Conclusions of Law
as issued by the Planning & Zoning Commission, Mr. Fenstermaker is in
agreement with the recommendations contained in those Findings of Fact
and Conclusions, I believe however the question arises with respect to
the recommedation contained on page 5, which recommends that a six foot
screening fence be installed around the property, in absense of definit-
ion Mr. Fenstermaker has made the assumption that the fence would be put
around '~;the property that would be utilized as a repair shop verus
the entire acre.
Myers, then what you are talking about the six foot fence would be just
around this shop area, referring to the drawing Mr. Fenstermaker had
submitted.
Mr. Fenstermaker outlined on the drawing to the Council where the fence
would be.
Giesler, does this meet with neighbors approval?
Fenstermaker as far as I know.
Mayor Kingsford, Mr. Fenstermaker, do you use that pasture for livestock
now?
Fenstermaker, yes.
Mayor Kingsford, the reason I brought this up is we do not allow Iive-
stock in the City Limits, the Ordinances prohibit this.
Fenstermaker, if that is the way it has to be I will have to make other
arrangements.
Brewer, this may seen hard to you, but if we annex you and let you have
the ability to have cattle it would not be fair to others, if we
approve the annexation I do not know how we can get arour~t~ the cattle
they would have to go.
MERIDIAN CITY •UNCIL
MAY 20, 1985
PAGE # 3.
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Mr. Fenstermaker, guess I will have to make other arrangements.
Tolsma, Mr. P~itich is the fence alright with you?
Mitich, I am totally satisfied with what has been done.
Mayor Kingsford, I would like to call two things to the Councils's
attention regarding the Findings, on page 6 under 17 last line, fence
prior to permit, I think this should be the building permit and on
page 5 under d I think the regular working hours should be clarified.
I think we should designate what is reasonable working hours. This is
one of the items the residents have asked we enforce.
Fenstermaker, I guess my regular working hours would be 8:00 A.M. to
5:00 P.M. six days a week and Sundays would be for my own personal
work.
Crookston, the Findings do not address the petition for the Variance.
Mayor Kingsford, the Planning & Zoning r~
of ACHD not be enforced, I would like to
sideration I think that the right-a-way
problems in the future we should require
enforced. This dedication should be part
maker~srequest .
~commended that the requirements
offer up for the Council con-
in order to not have aquistion
that this recommendation be
of the granting of Mr.Fenster-
Mr. Fenstermaker, I have no problem with giving the right-a-way, I have
agreed on that.
There were no other comments from the public, Mayor Kingsford closed the
public hearing. Any more questions or comments from the Council?
Giesler, if a sign is put up I suggest,do to the area it is in,that it
be unlite and that there is no painting in the windows or advertising
be done or things of that sort, that any signing meets with the City
Ordinance.
The Motion was made by Brewer and seconded by Giesler that the Council
adopts and approves the Findings of Fact and Conclusions as prepared
by the City Attorney for the Planning & Zoning Commission including
the items discussed regarding the fence be completed prior to building
permit being issued, working hours 8:00 A. M. to 5:00 P.M. six days a
week, dedication of the required right-a-way to ACHD and all the
requests of the neighbors.
Motion Carried: All Yea:
The Motion was made by Brewer and seconded by Tolsma to have the City
Attorney prepare Findings of Fact and Conclusions on the Variance
Request made by Mr. Fenstermaker.
Motion Carried: All Yea:
The Motion was made by Brewer and seconded by Myers to have the City
Attorney prepare the necessary Ordinance for annexation and zoning
of the '~Fenstermaker property.
MERIDIAN CITY ~NCIL •
' MAY 20,1985
PAGE # 4
Motion Carried: All Yea:
Mr. Fenstermaker was advised this would be on the June 3, 1985 Meeting_
Item #Public Hearing: Conditional Use Permit for Mobile Home Sales Lot
request by Rusty Martensen:
Mayor Kingsford opened the Public Hearing: There was no testimony from
the audience. Are there any questions of the Council or comments?
Mr. Ed Romero was present to represent Mr. Martensen; -
Mr. Romero was sworn by Attorney Crookston:
Brewer, it was my understanding that this would be a new Mobile Home
Sales Lot, requesting possible use of one of the homes for a Sales
Office, when a couple of units were moved in,I questioned if this was
going to be a used sales lot.
Mr. Romero, what I understand he plans to sell both.tzew and u~ed.
Brewer,,I personally hate to see this type of business at the main ~
entrance::to our City, I feel that there might bea better location for
this type of business, I was of the opinion that this would be a new
unit sales lot.
Giesler, access off highway and out the back.
Mr.Romero, that is my understanding '
Giesler, what do they do cvith bu~nec~ up or junk' units? "
Mr. Romero, I am sure he would meet any recommendations that would be
necessary to keep it agreeable with the City.
There were no other questions or comments, Mayor Kingsford closed the
Public Hearing.
The Motion was made by Giesler and seconded by Myers to approve the -
Findings of Fact and Conclusions as prepared for the Planning & Zoning
Commission on the request for a Conditional Use Permit by Russell
Martensen & John Dobaron for a Mobile Home Sales Lot.
Motion Carried: Brewer, Nay; Tolsma, Yea; Myers, Yea; Giesler, Yea;
The Motion was made by Giesler and seconded by Tolsma to approve the
Conditional Use Permit for Russell Marten~sen & John Do~baron for a -
Mobile Home Sales Lot with the condition the lot be keep up and
attractive and that allold or burned out units be moved immediately
and not left to accumulate.
Motion Carried: Brewer, Nay; Tolsma, Yea; Myers, Yea; Giesler, Yea:
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MERIDIAN CITY ~NCIL ~
MAY 20, 1985
PAGE # 5.
ITEM # 5: Mr. Lawrence Rackham, Mr. Rooter:
Mr. Rackham came before the Council to request the easing of the
restriction contained under Resolution # 87 in regards to dumping
of Septic Tank pumping at the Sewer Plant. There was lengtliy~ discuss-
ion on this subject between the Council and Mr. Rackham. (Tape on file
of this discussion)
The Motion was made by Myers and seconded by Brewer to leave the dumping
of Septic Tank pumpings the same as stated in Resolution #87.
Motion Carried; Al1 Yea:
Department Reports:
Councilman Giesler presented former Police Chief Doug Nichols with a
plaque for his former service with the City of Meridian and thanked
him for a job well done.
Mayor Kingsford asked the Department Heads to prepare their 1985/86
Fiscal Year Budgets.
Being no further business to come before the Council, the Motion was
made by Myers and seconded by Tolsma to adjourn at 8:50 p.m.
Motion Carried: All Yea:
TAPE ON FILE OF THESE PROCEEDINGS:
APPROVED: .
G NT KINGSF ,
ATTEST:
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Jack 'l~~ema n, C ty Clerk
pc• Mayor & ouncil
1~,, ~ P & Z ommission
Atty.,JUB, Fire,
Ward, Stuart, M.itich,
Police, Kiebert, Hein,
Valley News, Statesman,
ACHD, ACC, ACZ,
NIMD, CDH, APA,
File (3)
Mail (3)
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MlEMO: -_'
Ta: Gary Smith
FRaM: Kirby ~ickers
SUBJECT: Septage Dumping at the Meridian Wast~water Treatment Facility
From yaur aummarp, it appear~ tha# a acpata4c dumper ta thc Meridian
wastewater treatment plant has some objectians as to the way the septage
dumping is being administered. It is true that the plant was designed to
accamadate some septage dumping and septage has been historically
treated at the Meridian plant. However, it is my opinian that the City of
Meridian has no abligation to treat waste that #hreatens the ability of the
plant ta mee# i#~ legal obligations under the NPDES progr~am or that cauld
result in a breakdown of the treatment system. The pretreatment
ardir~ance addresses this and EPA r~equir~s that nothing be discharged ta the
treatment system that is not compatibie with the treatment mode. This
includ~s high BOD~ or high solids wastes arhich ar~ just some of the ~
char acteristics that septage exhibit.
The best person to asses the impact af a waste on the wastewater treatment
facilitp is thc superintendent. Eaaentialy, he ia tht expert on thc sys#em
and he should be consulted on questions such as these. If special
provisians oi op~ration are necessary, then costs should be reflected in th~ ---
charges to the septa~e dumpers, perhaps including a capacity charge. -
It ia my apinian that there is requirement for the Gity te accept the septag~,
and in fQCt there are probably prohibitions against accepting any waste
which may damage the treatment system.
CITY COUlYCIL and PLANNII~fG and ZONING
~ City of Meridian •
Ada County, Idaho
o~nIrraNC~ 446
VERBAL TESTIMONY of SPEAKERS at PUBLIC HEARING
SIGN-UP SHEET
.~Vut~YON~ MUS7.' aI~N `rHIS SHi~;t~T IF' TH~'Y ~T~H 'rU S1~EAK1
PRINTED NAME SIGNID NAME RESID~iTIAL ADDRESS TO SPEAK
YF.S ATD
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OFFICIALS
JACK NIEMANN, City Clerk
A.M. KIEB~RT, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
HUB OF TREASURE VALLEI'
A Good Place to Live
CITY OF MERIDIAN
728 Meridian Street
MERIDIAN, IDAHO
83642
Phone 888-4433
GRANT P. KINGSFORD
Mayor
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
BOBSPENCER
Chairman Zoning 8 Planning
PROCLAMATION
POPPY DAY
MAY 24, 1985
WHEREAS:
The American Legion Auxiliary, Lloyd E. Hutcheson unit,
Post #113 will obser~ve ~ Poppy Day in the city of
Meridian.
THEREFORE: as Mayor of Meridian, I do hereby proclaim ~fay 24, 1985
~ Poppy Day and urge all residents to join in our
salute.
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Grant P. Kingsford, MAYO
`CITY OF MERIDIAN, IDAHO
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May 20: 19$5..:,.. ,
Your Honor, Mayor ~ingsford ~ ; .
Distinguished Membe~'~ o~' the Council ..
We, members vf the veterans sexvice organizations of the
Uni~ed States, come before you this year as we have in the past,fbr=
your participation ~nd cooperation in ttie up-coming Memorial D~y '<{.;
Services to be held on Moriday, May 27th at 11: A.M. at ~t~'e F3eld of
Honor in the Meridia.n Ceme:tery. =~
I would like, at this time, to intr.oduce the Command~rs and:~, i
their respective organizations: - ~ , ,
Clarerice Pereboom, CommandAr W~dI Barracks #i056 ' .~'~
Veterans of WWI .
Kendel C. Jorges:, Commander, Lloyd'E. Hutehesan Post'~#113 ~
Ainerican Legion
, ~,
Robert C. Templeton, Commander, Veterans of'F'oreign Wars ~`~ ~i,'
. Post #~000 ; . ..
Last year, we members Qf }he service orga~izations explainecY
that we were ~rying~to reverse the apathetic trend t~e`,genera~..publia•. „
has toward our National Colors, holidays and our departed ~om~ades.,~~
I would like at this time ~o read a poem which ~re hope; v~~th ,;:;
your help, we may have pri.nted in the newspapers for Memorial ~D~~r~ ' ~.
This year as in ~rears past we will have the Avenue ro#'` Fla,~s `
at the Meridian and Dry Creek Cemeteries. We are also extending`an~~: .,,
invitation to veterans.of alY wars - World War I, World War II~,~ Ko3'ea,~ .,
and Viet Nam, whPther t~r not they belong t`o a service organi2$tion;~ ~q ~
~oin us in our Memorial. Day Services for their Fallen Comrad~s.
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' We thank at~ ~or li temin ~o ou ., la~s. ` ~
Y ~' 6~ ~ ~ i~e. ~pe ~e ~c~.n laav.~
your participation as we~.l:`a~ your coope~ation, :~ '" ~`~
Thank ~ou, ,
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A CFME1~?TERY ON MEMORII~L DAY ~ ~
'"' Let's place some flowers on the graves ~
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C~f atar war : d ead tod~.y .
- The;qP' ~*e served their country faithfully;
Let',.s hbnor them today. ' ` . ,
At Shiloh, this one lost his life` ' - , '.
One brigY~t Spring day in May--- ~
, Onl~rr eighteen, this lonelyv 1ad , _
Let's think of him 'today. . ~
° And in a f isld i~:. "no ma~ ~ s kand "~ . ,
Many brave in~n °~rere lost. ~
. They fought a war "ta end all wars",
` ~'oung lives so tempest-tossed. .. '
. =w
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'Phe fields bf ~a~rance are s~ained with blood '
F : w~aere herQ~s li~ft their names, . ~ ,
E. And soldiers "l~nown to God alone'~ ; ~ -
See no acclai.z~ to fame. . .~
I tn a rugged, five-day battle, .
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Saipan clairned many more;
In those South Pa.cific Islands, ~ ~
s ore .
'h s t c .
eath rea ed'th~ hi e .
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~ We prayed the wars were over ~hen,
And peace wauld r.ei~n aga~.n ;' ,,,>,
I Then Korea~s three-year battle .
Claimed mare of our young men.
TY~e taps ~tre soUndi'ng once again -
For a dear, beloved son.
This boy was killed in Viet Nam; ,
~ And ~iis ~~ur of duty's dor~~• , ~ ~~, , i
E~.ch ~flag-dr'aped .casket seeims' tr~~ "say; ` ~ : ~1
"Will the conflicts ever cease? , ' . ~
Will people ever realize; '
There is a pxice for peace?" ~ ~
So place those flowers tenderly
Th~.s Memorial Da.y. -
3'he~ loved their country,
serned it we11--- ,
God gra,nt tk~em rest today; ~ ~ ,
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