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HomeMy WebLinkAbout1983 03-21 A G E N D A MERIDIAN CITY COUNCIL March 21, 1983 ITEM: Minutes of Previous Meeting Held March 7, 1983 Minutes of Special Meeting Held March 14, 1983 1. Approval of Preliminary Agreement & Inducement Resolution Issue of Industrial Revenue Bonds to Elixir Industries 2. Request for Reimbursement from EPA for Overpayment on Grant $1,622.00 3. Marsden & Associates on Behalf of Dobaran et al Appeal of P&Z Denial of Admendment to Comp. Plan 4. Pre-Termination Hearing Water/Sewer/Trash Delinquencies $1,269.25 Outstanding 5. Ordinance #420 APPROVED APPROVED APPROVED APPROVED DENIED APPROVED TABLED 6. Department Reports C] Meridian City Council March 21, 1983 Regular meeting of the Meridian City Council called to order by Mayor Joseph Glaisyer at 7:30 p. m. Council Members Present: Grant Kingsford; Ron Tolsma; Bill Brewer Council Members Absent: Rick Orton, Jr. Others Present: Vern Schoen; Bruce Stuart; Roger Welker; Teresa Sidener; Mr. & Mrs. Clarence McKague; Robert Giesler; Michael Zuzel; Steve Gratton; Al Marsden; R.C. Spencer; Earl Ward; Coenraad Abas; Wayne Crookston Jr.; Jack Niemann Minutes of the previous meeting held March 7, 1983 were approved as written. Minutes of the Special Meeting held March 14, 1983 were approved as written. Item 1 Approval of Preliminary Agreement & Inducement Resolution for Issue of Industrial Revenue Bonds to Elixir Industries Glaisyer explained that the Council needed to approve of the Preliminary Agreem~ant and Inducement Resolution for the issue of Indutrial Revenue Bonds to formalize the agreement with Elixir Industries. The Motion was made by Brewer and seconded by Tolsma to approve of the Inducement Resolution for issuance of Industrial Revenue Bonds to Elixir Industries by the Economic Development Corporation of the City of Meridian, and also to approve of the preliminary agreement to Elixir Industries. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea The Motion was made by Tolsma and seconded by Brewer to approve of the City Clerk signing a resolution approving an agreement of the Economic Development Corporation of the City of Meridian to issue bonds for Elixir Industries. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea Item 2 Request for Reimbursement from EPA for overpayment on Grant Mayor Glaisyer made reference to a letter received from EPA requesting payment of $1,622.00 for overdispersement to the City of Meridian for the Sewer/Water Treatment Plant. (Letter on file with these minutes) The Motion was made by Kingsford and seconded by Tolsma to authorize issuance of payment in the amount of $1,622.00 to EPA for overdispersement to the City of Meridian for the Sewer/Water Treatment Plant. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea Item 3 Appeal of Marsden & Associates on behalf of Dobaran et al concerning Planning & Zoning Commission denial for Amendment to the Comprehensive Plan. Al Marsden, Marsden & Associates representing Dobaran et al, was present representing the appeal of the Planning & Zoning decision for denial of the request for Amendment to the Comprehensive Plan. Mayor Glaisyer: "Mr. Marsden you have submitted comprehensive information to the Council. They have also had record of the Findings of Fact and Conclusions of Law prepared by the City Attorney. On the request of the Council, we do not want to rehash that material. We would however, be most interested in anything over and above that material that you have to present to the City Council tonight." • • Meridian City Council 2. March 21, 1983 Item 3 Appeal of Marsden & Associates on behalf of Dobaran et al Cont'd . Marsden explained that the request for the Comprehensive Plan Admendment is to modify the Urban Service Planning area to.Cloverdale, to allow an Industrial Park on the property between Cloverdale and Eagle Roads. Marsden said that this Industrial Complex would serve the entire region and be of great benefit to the City of Meridian. Marsden showed s~.-ieles of the region, and the abuttment to the exisitng City Limits. Marsden also showed sires of the type of Industrial Complex that was planned for the area. Marsden stated that the request is being made now because of the time factor. Marsden: "It takes time to plan, finance, to market, to promote and to develop the property." Marsden said that this would create jobs for the area, and with Cloverdale and Eagle Roads being designated as interchanges, will have major i.mpacts~on this location. Marsden: "The City needs to plan this area to insure proper development, make sure the standards are properly developed in cooperation with the property owners, and we feel this area should belong to Meridian and not another agency or City." Marsden presented slides showing the surrounding land uses. Marsden stated that this development would be very compatik~'~l~a with the existing uses of the adjacent properties, and because of the Freeway and Railroad impacts would be a major industrial and manufacturing area. Marsden also stated that with the two proposed interchanges at Eagle Road and Cloverdale Road, this area is the "center of the entire region." Marsden stated that the request to move: the Urban Service Planning Area so that Industrial development can occur to Cloverdale or up to 1/4 mile of Cloverdale. Marsden said that "Meridian needs control of future growth to Cloverdale, because it is in the City's best interest." Marsden stated this is because utilities can be extended, the City needs to insure the area will be properly developed to City standards, and the City can develop a land use pattern that is truly compatible to the Citizens of Meridian and the overall development of the City. Marsden: "In conclusion, the reason for the request is that we would like to devehp an industrial park, that will provide-.:major industrial .facility opportunities for jobs in this region. We believe there is a need to provide.'.jobs. There is a need to properly plan the area, and we think that Meridian should be planning and controlling the area. We need to stimulate the economy of our area." "If you extend your Urban Service Planning Area, it will allow the County to allow major industrial functions to occur, and that is our interest." Mayor Glaisyer: "Are there..any questions of Al .(Marsden)?" There was no response. The Motion was made by Kingsford and seconded by Brewer to uphold the findings of the Meridian Planning & Zoning Commission for denial of the request for admendment to the Comprehensive Plan, and accept the Findings of Fact and Conclusions~.of Law prepared by the City Attorney concerning the request. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea Item 4 Pre-Termination Hearing Water/Sewer/Trash Delinquencies Mayor Glaisyer: "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., March 21, 1983, 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 March 24, 1983, unless payment is received in FULL." "Total amount outstanding $1,269.25. Is there anyone in the audience that wishes to have a pre-termination hearing this evening?" • C Meridian City Council 3. March 21, 1983 Item 4 Pre-Termination Hearing Water/Sewer/Trash Delinquencies Cont'd . Mr. Clarence McKague, 631 W. Broadway, was present. Mr. McKague stated that the gallons of water used had more than doubled. McKague showed previous billings that showed the numbers of gallons used. Bruce Stuart, Water Supt said that McKague',s ..home had been~eheok :read_.and~ahat.~.no leak could be•located. The Motion was made by Kingsford and seconded by Tolsma to withold the turn-off of Mr. Clarence McKague, 631 W. Broadway, until research of his account could be completed. Motion Carried: Kingsford, yea; Tolsma,,:yea; Brewer, yea Mayor Glaisyer: "Is there anyone else present tonight that wishes a pre-termination hearing before the Council?" There was no response. Mayor Glaisyer: °Pre-termination hearing closed." Mayor Glaisyer: "Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on March 24, 1983. In order to have their water turned back on, there will be an additional fee of $10.00. 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 Brewer to approve the turn-off list. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea Item 5 Ordinance #420 The Motion was made by Kingsford and seconded by Brewer to table Ordinance #420 until the next regular meeting of the City Council April 4, 1983. Motion Carried: Kingsford,,yea; Tolsma, yea; Brewer, yea Item 6 Department Reports Councilman Tolsma reported that he had received complaints concerning floating wastepaper behind the markets in town, and Roundtable Pizza. Tolsma said that he had looked at the areas and there was wastepaper blowing around. Tolsma also said that the lids on the dumpsters for these merchants were not closed. There was discussion. (Tape on File - City Clerk's Office) It was decided by the Council that the Chief of Police should notify those who have left their dumpsters open that it is in the City Ordinance that they must be closed. If they do not abide by this warning, they will then be cited. Tolsma presented a letter received from the Transportation Manager, Ada County Highway District requesting Council approval of changes in the transportation system. . w ~ ~ i Meridian City Council 4. March 21, 1983 Item 6 Department Reports Cont'd . The motion was made by Tolsma and seconded by Brewer that Collector Road just North of I-84 from Locust Grove to Linder Road (FAM 8653) and Overland Road from Ten Mile Creek to Locust Grove (FAM 8643) should be added to the Federal Aid System in Meridian. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea Being there..no other business to come before the Council . The Motion was made by Kingsford and seconded by Brewer to adjourn at 8:30 p.m. Motion Carried: Kingsford yea; Tolsma, yea; Brewer, yea ATTEST: pc: Mayor & Council (5) P& Z Comm (6) City Attorney; City Engineer Tern Schoen; Bruce Stuart; Earl Ward; Police City Clerk; City Treasurer Valley News; Statesman; Press Tribune Ada County Commissioners Ada County Highway District Ada County Zoning Director APA; Central District Health Nampa-Meridian Irrigation Mail: Marsden for Dobaran et al Elixir Industries File: Dobaran et al Elixir Industries EPA • • CITY COUNCIL OF THE CITY OF MERIDIAN RESOLUTION NO. 81 A RESOLUTION APPROVING AN AGREEMENT OF THE ECONOMIC DEVELOPMENT CORPORATION TO ISSUE BONDS FOR ELIXIR INDUSTRIES WHEREAS The Economic Development Corporation of the City of Meridian (the "Corporation") has filed with this City Council a resolution and a Preliminary Agreement relating to the issuance by the Corporation of its revenue bonds pursuant to Title 50, Chapter 27 of the Idaho Code, as amended (the "Act"), to finance the expansion and rehabilitation of certain industrial development facilities (the "Project") to be used by Elixir Industries (the "Applicant"); and WHEREAS this City Council has considered such resolution and such Preliminary Agreement and has considered information relating to the Project and the financing thereof by the Corporation; NOW, THEREFORE, the City Council of the City of Meridian does resolve as follows: Section 1. The City Council hereby approves the Preliminary Agreement between the Corporation and the Applicant, and approves the determination of the Corporation to issue revenue bonds to finance costs of the Project, subject to fulfillment of all requirements under the Act. Section 2. This Resolution shall take effect immediately upon its passage. The foregoing Resolution was passed and adopted by the City Council of the City of Meridian on March 21st 1983, by the following vote: AYES: 3 NAYS: p ABSENT: 1 ti° ~ • I THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF MERIDIAN RESOLUTION NO. A RESOLUTION MAKING DETERMINATIONS WITH RESPECT TO THE FINANCING OF FACILITIES FOR ELIXIR INDUSTRIES AND AUTHORIZING EXECUTION OF A PRELIMINARY AGREEMENT. WHEREAS Elixir Industries (the "Applicant"), a corporation organized and existing under the laws of the State of California and duly qualified to conduct business in the State of Idaho, desires to expand and rehabilitate a facility for use as a metal fabrication facility and _ wholesale distribution warehouse (the "Facility"); and WHEREAS the Facility is located within the jurisdiction of The Economic Development Corporation of the City of Meridian (the "Corporation"), and the Applicant is willing to expand and rehabilitate the Facility if the Corporation will issue its revenue bonds to finance such expansion and rehabilitation pursuant to Title 50, Chapter 27 of the Idaho Code, as amended (the "Act"); and WHEREAS the Applicant has submitted, and this Board of Directors has accepted, an application requesting financing for such expansion and rehabilitation of the Facility; and WHEREAS this Board of Directors has carefully considered and discussed the information contained in such application and desires to induce the Applicant to commence expansion and rehabilitation of the Facility at the earliest possible time; NOW, THEREFORE, the Board of Directors of the Economic Development Corporation of the City of Meridian does resolve as follows: Section 1. This Board of Directors hereby finds and determines that the Facility is an "industrial development facility," as defined in the Act, and that the expansion and rehabilitation of the Facility for use as a metal fabrication facility and wholesale distribution warehouse qualifies for financing under the Act. Section 2. It is the present intent of the Corporation to issue, at one time or from time to time, bonds d y ~ • in an amount sufficient to finance "project costs," as defined in the~Act, related to the Facility, which amount is now estimated to be approximately $850,000, but not exceeding $1,000,000. Section 3. In order to set forth more fully the obligations of the Applicant and the Corporation in connection with the issuance of such bonds, the President is hereby authorized to execute and deliver, in the name and on behalf of the Corporation, a Preliminary Agreement between the Corporation and the Applicant in substantially the form before this meeting, which is hereby approved in all respects and by this reference incorporated in this Resolution. Section 4. The Secretary or Assistant Secretary is hereby authorized and directed as soon as possible to certify and file with the City Council of the City of Meridian.a copy of this resolution and the Preliminary Agreement referred to in Section 3. Regulations promulgated by the United States Department of the Treasury under Section 103 of the Internal Revenue Code of 1954, as amended. Section 5. It is the purpose and intent of the Corporation that this resolution constitute official action toward the issuance of obligations by the Corporation for the Facility in accordance with Section 1.103-8(a)(5)(iii) of the Section 6. This Resolution shall take effect immediately upon its passage. The foregoing Resolution was passed and adopted by The Economic Development Corporation of the City of Meridian on 3 -/7 1983, by the following vote: AYES : .S NAYS : O ABSENT : ~j President ATTEST: Secr to y 2 . ~ . • PRELIMINARY AGREEMENT THIS PRELIMINARY AGREEMENT is between The Economic Development Corporation of the City of Meridian (the "Corporation"), a public corporation organized and existing under the laws of the State of Idaho, and Elixir Industries, a corporation organized and existing under the laws of the State of California and duly qualified to conduct business in the State of Idaho (the "Applicant"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following: (a) The Corporation is authorized pursuant to Title 50, Chapter 27 of the Idaho Code, as amended (the "Act"), to issue its revenue bonds to pay "project costs" of "industrial development facilities," as such terms are defined in the Act. (b) The Applicant intends to expand and rehabilitate a facility for use as a metal fabrication facility and wholesale distribution warehouse (the "Facility"). The Facility is located within the jurisdiction of the Corporation, at 535 North Eagle Road, Meridian, Idaho. The project costs related to the Facility, including financing and incidental costs (the "Project Costs"), are expected to be approximately $850,000. The Applicant has requested that the Corporation assist the Applicant in defraying all or a portion of the Project Costs by issuing its revenue bonds in an amount not to exceed $1,000,000. (c) The Corporation has determined that the proposed financing of the Project Costs is in accord with the Act. (d) The revenue bonds of the Corporation shall be payable solely out of the revenues and receipts derived with respect to the Facility; and the Project Costs shall be financed for the Applicant under an agreement pursuant to which the Applicant will pay an amount sufficient to pay the principal of, premium, if any, and interest on such revenue bonds. No holder of any such bonds shall have the right to compel any exercise of the taxing power of the State of Idaho or the City of Meridian to pay any amounts due on such bonds, and such bonds shall not constitute a debt or liability of such State or such City. (e) Subject to due compliance with all requirements of law, by virtue of such authority as may now ~=~ •- ^• • • or hereafter be conferred, and subject to receipt of adequate assurance from the Applicant that there are one or more purchasers for the bonds, the Corporation will issue and sell its revenue bonds in an amount sufficient to pay the Project Costs, or such portion thereof as shall be determined by the Applicant and the Corporation, but not to exceed $1,000,000. 2. Undertakin s on the Part of the Cor oration. Subject to the conditions above stated, the Corporation agrees as follows: (a) That it will authorize the issuance and sale of the bonds pursuant to its lawful authority. (b) That it will enter into a loan agreement, lease agreement or installment sale agreement with the Applicant whereby the Applicant will pay to or on behalf of the Corporation such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the bonds as and when the same shall become due and payable. 3. Undertakin s on the Part of the Applicant. Subject to the conditions above stated, the Applicant agrees as follows: (a) That it will use all reasonable efforts to find one or more purchasers for the bonds. (b) That contemporaneously with the delivery of the bonds it will enter into a loan agreement (as borrower), a lease agreement (as lessee) or an installment sale agreement (as purchaser) with the Corporation, under the terms of which the Applicant will obligate itself to pay to or on behalf of the Corporation sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the bonds as and when the same shall become due and payable and to pay all expenses of the Corporation in connection with the financing, and which agreement shall contain such other provisions as shall be mutually acceptable or as shall be required by the Act. 4. General Provisions. hereof are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually satisfactory to the Corporation and the Applicant), the Corporation and the Applicant shall have agreed to mutually acceptable terms and conditions of the financing (a) All commitments of the Corporation under paragraph 2 hereof and of the Applicant under paragraph 3 2 . ~ ` ~~ . ~ • P agreement and of the bonds and other instruments or proceedings relating to the bonds. (b) If the events set forth in (a) of this paragraph do not take place within the time set forth or any extension thereof and the bonds in an amount of approximately the amount stated above are not sold within such time, the Applicant agrees that it will reimburse the Corporation for all reasonable and necessary expenses which the Corporation may have incurred at the request of the Applicant arising from the execution of this Agreement and the performance by the Corporation of its obligations hereunder, and will pay the fees and expenses of such counsel, including counsel for the Corporation and bond counsel, as may have been retained in connection with the proposed financing, and this Agreement shall thereupon terminate. IN WITNESS WHEREOF, the Corporation and the Applicant have entered into this Agreement by their duly authorized officers as of thel~~ day of March 1983. THE ECOIN~O'QMIC DEVELOPMENT CORPO ~~-N /N OF THE CITY OF MERID By ELIXIR INDUSTRIES By t ecutXve Vice President 3 U. S. ENVI~NMENTAL PROTECTION ~ENCY Ja~~ED STgl~S 2~A~~ ~ ~ w ~Fyrq` PROtEG~O2 REPLY ~O M S 321 ATTN dF: / FEB 2 5 i~3 REGION X 1200 SIXTH AVENUE SEATTLE, WASHINGTON 98101 Honorable John L. Glaisyer Mayor, City of Meridian 728 Meridian Meridian, Idaho 83642 Re: C-160183-03 City of Meridian Dear Mayor Glaisyer: ~~ ~~ ~~~ ~" Your Outlay Report and Request for Reimbursement for Construction Programs dated September 21, 1981 has been revised by the Project Engineer to reflect final eligible project costs of $4,123,499. This reduction, from $4,126,411 to $4,123,499, is due to $2,912 of expenses, submitted without invoices, being disallowed. Since the Federal share of the final eligible costs, $3,092,624, is less than the total payments to date, a check for $1,622 is hereby requested within 30 days receipt of this letter. Failure to meet the due date will require EPA to add an interest charge of 14.26% per annum. Should you wish to discuss this matter, please contact the Project Officer, David Mitchell, at (208) 334-1450. Sincerely q ~ dal l .Smith CPfi of Resources Management Branch cc: IDHW I00, Mitchell "~~' ~Oct"1Fi~ ,, , ~~~ ~fl~~ ~1~ ~p .~ I , ~'F1 D~~~~ Cr bbb ~- ~~~~ Seri ~1~~ ~~ ~ fa C ~ ~~ ~3 OFFICIALS LAWANA L. NIEMANN, City Clerk A. M. KIESERT, Treasurer RICHARD D. NICHOLS, Chief of t~olice BRUCE O. STUART, Water Works Supt. JOHN O. FITZGIERALD, Attorney ROOER WELKER, Flro Chis1 EARL WARD, Waate Water Supt. April 5, 1983 ihff?8 OF IRfirLS'L~fi Y~lLL~!' A +Good Place to Live CITY OF MERIDIAN • 728 Meridian Street MERIDIAN, IDAHO 88542 Pbone 888,!438 IOSEPH L. ~I.AISYBR taa~ 1 NIr. Clarence McKague 631 W. Broadway Ave Mexidian, Idaho 83642 Re: Water Usage Dear Mr. Mc1Ca9~r COUNCILMEN GRANT P. KINGSFORD BILL BREWER RICHARD F.ORTON, JR. RONALD R. TOLSMA ANNETTE C. NINRICNS CiWnrumZurtinp lPlanniny ~° . r s I have analyzed your water useage bills over the past year grid concur that the meter readings for the months of December, January and February seem excessive in relation to past use. The City is agreeable to use a base gallon usage of 4,200 gallons for these three months. Your revised bill for the three months $44.05. Please continue to monitor your water system for leaks. If the City can be of assistance to you, please contact me at your con- venience. I thank you for your cooperation in this matter and for bringi~ your problem before the City. ~' ~~~ ~~~ ~ ! 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RHODES, .SECRETARY March 10, 1983 ~~e~~ N~ Ron Tolsma Meridian City Hall 728 Meridian Street Meridian, Idaho 83642 Oear Ron: 318 E. 37TH STREET BOISE, IDAHO 83704 PHONE: 344-6111 As we discussed on March 8, 1983, the following roads should be added to the Federal Aid System in Meridian. -- 1) Collector road 3ust north of I-84 from Locust Grove to Linder Road (FAM 8653). 2) Overland Road from Ten Mile creek to Locust Grove (FAM 8643). These roads will be in addition to First Street, Cherry Lane and Fairview Avenue~(FAM 3782, FAM 8673, FAM 8543) and will insure avail- ability of Federal Aid to complete the programmed Cherry Lane project. If the Meridian City Council concurs with this action, please notify the Idaho Transportation Department. If you have any questions on this please contact me at your convenience. Sincerely, V ' _ ~ p David B. Zie inski Transportation Manager ~~f~ ~r~~ ~ AN EQUAL OPPORTUNITY EMPLOYER OFFICIALS LAWANA L. NIEMANN, Clty Clerk A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chlef of Pollce BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney ROGER WELKER, Flre Chiel EARL WARD, Waste Water Supt. March 22, 1983 HUB OF TREASURE VALLEI' • A Good Place to Live CITY OF MERIDIAN • 728 Meridian Street MERIDIAN, IDAHO 83842 Phone 888~M33 JOSEPH L. GLAISXER Mayor David B. Zielinski Transportation Manager Ada County Highway District 318 E. 37th Street Boise, Idaho 83704 Dear David: COUNCILMEN GRANT P. KINGSFORD BILL BREWER RICHARDF. ORTON, JR. RONALD R. TOLSMA ANNETTE C. HINRICHS Chairman 2oninp 6 Plannlnp At the Meridian City Council Meeting held March 21, 1983, the Council N~nbers unaminously concurred that Collector road just north of I-84 fraan Locust Grove to Linder Road (FAM 8653) and Overland Road from Ten Mile creek to Locust Grove (FAM 8643) should be added to the Federal Aid System in Meridian. Please forward this information to the proper Depaxt-ments. Sincerely, or the Ma & City Council . i C'ty Cler