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HomeMy WebLinkAboutMeridian SpeedwayMAIN OFFICE 1455 NO. ORCHARD BOISE, IDAHO 83706 TELEPHONE 375-5211 DEPARTMENT Vnlui Serving the counties of.... eaQ ao. Gxnno LeRoy Nelson 10642 Onondaga Boise, Idaho 83709 Re: Inspection of Food and Beer Concessions at Meridian Speedway Dear LeRoy: The seasonal nature of the business you operate at the Meridian Speedway makes it difficult for Central District Health Department to' conduct routine inspections throughout the year of the food and beer concessions. Therefore, before you start the season each year please contact this office so that a time.can be arranged when the facilities can be inspected prior to the season's opening. Your cooperation in this matter would be appreciated. Please contact this office at 375-5211 Ext. 265. Sincerely, Lej, Nancy E.H.S. Sr. Environmental Quality Specialist cc: Tom Turco, Chief of Environmental Health Services Meridian City Clerk t6T��• �' AeAl AMBROSE, FITZGERALD, CROOKSTON fi MCLAM ATTORNEYS AND COUNSELORS 921.7 EAST FIRST - P. O. BOX 427 GRANT L.AMBROSE (1415-1468) MERIDIAN, IDAHO 53642 )OHN O. FITZGERALD WAYNE G. CROOK51'ON, I R. November 17, 1980 TELEPHONE 888-4461 VAL L Mc LAM AREA CODE 208 Chester Miller, Jr. Lilli ck McHose- & Charles Attorneys at Law 707 Wilshire Boulevard Los Angeles, California 90017 Dear Mr. Miller: The race track facility to which you refer in your letter dated November 5, 1980, directed to Mr. Joe Glaisyer, Mayor of the City of Meridian, State of Idaho, is owned by the Meridian Dairy Show Board and that to our knowledge, the only Lessee of the facility is the Meridian Athletic Associa- tion. On the date shown in your letter referenced herein as the date of the alleged accident, no one is familiar with any activity that went on at the race track facility. • very truly yours, Wayne G. Crookston, Jr. Meridian. City Attorney WGC/pb 10; V LILLICK MCHOSE & CHARLES IRA S. LJLLICK (1878-1967Y ATTORNEYS AT LAW CABLES "IRALILLICK" 707 WILSF41RE BOULEVARD TELEX -677013 TWX -910-321-2367 LOS ANGELES, CALIFORNIA 90017 TELECOPIER (213) 629-1033 TELEPHONE (213) 6209000 November 5, 1980 The Honorable Joe Glaiser 728 Merridian Drive Merridian, Idaho, 83642 Dear Mr. Glaiser: TWO EMBARCADERO CENTER SEAN FRANCISCO, CALIF. 94111 TELEPHONE (4151 421-4600 2580 FIFTH AVENUE, SUITE 709 SAN DIEGO, CALIF. 92103 TELEPHONE (714) 234-4673 1333 NEW HAMPSHIRE AVENUE, N.W. WASHINGTON, D.C. 20036 TELEPHONE 12021 765-3286 I represent a four year old female who was seriously injured on the premises of the Merridian Speedway on August 30, 1980. To date we have been unable to determine the entity of responsibility for the maintenance and upkeep of the Speedway and its appurtences. I understand that on the above date the premises may have been leased to someone else. If this is so, please advise me of the name of the entity who owned or who leased the property and the name of the carrier, if required. The foregoing is requested informally in order to protect the rights of my young client who°has been damaged as a result of the negligence of the owners or operators or both. Many thanks for your anticipated help in identifying the aforementioned. Very truly yours", Chester Miller, Jr. J.� 0 0 'T OFFICIALS b LA WANA L. NIEMANN. City Clerk, F.O. A.M. KIFSERT, Treasurer ROGER SHERWIN, Chief of Police BRUCE D. STUART, `Nater Works Supt. JOHN O. FITZ3E P.AL'), Attorney ROGER WELKER, Flre Cr;Of EARL WARD, Waste Water Supt. Delbert R. Gould 270 N. Linder Meridian, ID 83642 AUL' 9f- Tr EASURE : 1 LL E_Y A Good Place to '_.ive 7,7P 728 Meridian Street MERIDIAN, IDAHO $3642 Phone $83-4433 JOSEPH L. GLAISYER Mayor October 14, 1980 COUNCILMEN MARVIN R. BODINE RICHARD C. WILLIAMS GRANT P. KINGSFORD BILL BREWER DONALD L. SHARP Chairman Zoning & Planning Dear Mr. Gould: Enclosed, you will find the application for the beer license renewal for Meridian Speed;,';ay. Please fill out and return to the City Hall on or before Monday, October 27, 1980 On November 3, 1980 the City Council will meet to consider the granting of these licenses for the year of 1981. These licenses expire each year on. the 31st of December. The State wants these licenses renewed a month earlier, thus it is imperative that this matter be given your immediate attention so that business as usual can continue into 1981. Please enclose the necessary fee of $100.00. For the Mayor and City Council, LLN/mh P LaWana L. Niemann / City Clerk • • HUB OF TRLASURE VALLI--Y A Good Place to Live OFFICIALS CI'T'Y OF MERIDIAN LA WANA L. NIEMANN, City Clerk, F.O. A. M. KIESERT, Treasurer 728 Meridian Street ROGER SHERWIN. Chief of Police MERIDIAN, IDAHO BRUCE D. STUART, Water Works Supt. 83842 JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief Phone 888.4433 EARL WARD, Waste Water Supt. JOSEPH L. GLAISYER Mayor October 12, 1979 Delbert R. Gould $ Meridian Athletic Association 270 N. Linder Meridian, ID 83642 COUNCILMEN MARVIN R. BODINE RICHARD C. WILLIAMS GRANT P. KINGSFORD BILL BREWER DONALD L. SHARP Chalrman Zoning a Planning Dear Sir: Enclosed, you will find the Beer License application for 1980. Please fill out'and return to the City Hall on or before Monday, October 29, 1979. On November 5, 1979, the City Council will meet to consider the granting of these licenses for the year of 1980. These licenses expire each year on the 31st of December. The State wants these licenses renewed a month earlier, thus it is imperative that this matter be given your immediate attention so that business as usual can continue into 1980. Please enclose the necessary fee of $100.00. For the Mayor and City Council, LaWana L. Niemann City,Clerk LLN/mb Mayor and City Council City Hall 728 Meridian Street Meridian, ID 83642 Gentlemen: Re: Meridian Speedway On or about 13:30 hours, April 11, 1979, I performed a final inspection of the Meridian Speedway Grandstands. At this time it appears that operators of the Speedway have complied with all the requirements set forth. RLV:In s cc: File 4 Sincerely, Raymond L. Voss FIRE MARSHAL 4PUB • OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN COUNCILMEN OFFICIALS O ?28 Meridian Street MARVIN R. BODINE HERALD J. COX, CITY CLERK. F.O. MERIDIAN, IDAHO RICHARD C. WILLIAMS ANN KIEBERT. TREASURER 83842 JOSEPH L. GLAISYER GARY L. GREEN, CHIEF OF POLICE BRUCE D. STUART. WORK SUPT. Phone 883-4433 GRANT P. KINGSFORD HERALD J. COX, TRAFFIC BUREAU JOHN O. FITZGERALD, ATTORNEY J DON M. STOREY SEC. ZONING & PLANNING ROGER WELKER. FIRE CHIEF Mayor WILLARD ROWLEY CHAIRMAN ZONING $ PLANNING APRIL 12, 1979 Mayor and City Council City Hall 728 Meridian Street Meridian, ID 83642 Gentlemen: Re: Meridian Speedway On or about 13:30 hours, April 11, 1979, I performed a final inspection of the Meridian Speedway Grandstands. At this time it appears that operators of the Speedway have complied with all the requirements set forth. RLV:In s cc: File 4 Sincerely, Raymond L. Voss FIRE MARSHAL 1 1 p HUB OF TREASURE VALLEY W ` A Good Place to Uve a , q CITY OF MERIDIAN ,A . OFFICIALS COUNCtLME HERALD J. COX. CITY CLERK. F.O. 728 Meridian .Street MARVIIN R, Boot 'E a+ /ANN KIEBERT, TREASURER MERIDIAN IDAHO RICHARD C. WILLIAM$ GARY L. GREEN. CHIEF OF POLICE 83842 JOSEPH. L. GLAISYER BRUCE D. STUART. WORK SOFT. Phone 888-4433 GRANT. P. KINGSFORD JOHN O. FITZGERALD. ATTORNEY iROGER WELKER, FIRE CHIEF DON M. STOREY HERALD J..;COX, TRAFFIC BUREAU t SEC. ZONING A PLANNING Mayor ''. WILLARD ROWLEY " I 1;CWAIRMAN ZONING;& PLANNING ='`,+(, March 20, 1979 F '1 r� J Mayor and City Council )� ,I City of Meridian City Hall 728 Meridian Street Re: Meridian Speedway F This letter is to confirm that the Meridian Speedway is complying to all requirements to meet fire codes at this time, There will be a follow up inspection before the Track opens' to the public. Sin�cer ly, R Welker, Fire Chief City of Meridian �. >�. RW:sv:ln Lt yv . VT! cc: File r 4 'I i4 1 �I w � i jt 1 r 1 �y � � e O D � • ry E og 4 Department of Labor and Industrial Services 317 Main Street, Room 400 Statehouse Boise, Idaho 83720 January 18, 1979 0 The Honorable Don Storey Mayor of Meridian City Hall 728 Meridian Meridian, Idaho 83642 Dear Mayor Storey: In response to Chief Welker's January 3, 1979, letter and your verbal request for assistance in evaluating conditions of the Meridian Speedway, I assigned Mr. Jack Stroud, Admi- nistrator of the Building Inspection Division, to take the necessary action to make appraisals to you based on new con- struction requirements of the 1976 Uniform Building Code and the 1976 Life Safety Code. The following has been reported to me by Mr. Stroud: On January 16, 1979, Mr. Joe Holmes, Class 'A' Build- ing Inspector and Plan Checker for the Department of Labor and Industrial Services and I met with Mayor Storey, Fire Chief Welker, and Fire Marshal Voss. I reiterated that we we're there only at their request and asked if the owners of the Speedway were aware and approved of our being there. We were informed that they did approve and everyone understood that we were there in an advisory position only. Mr. Holmes, Chief Welker, Fire Marshal Voss, and I pro- ceeded to the Speedway and were met there by Mr. Ray Holaday, one of the Speedway promoters. Mr. Holaday provided access to all buildings. Although Chief Welker and Fire Marshal Voss accompanied Mr. Holmes and myself, at no time did they relate to us what they had found to be in violation but only responded to direct questions relating to the his- tory of construction. OBSERVATION: (Note: All dimensions relative to length of bleachers were stepped off and must be considered inaccurate.) The Speedway has three (3) bleacher sections, two (2) west bleachers and a north bleacher. The two (2) larger bleachers presently have facilities directly underneath each one. EQUAL OPPORTUNITY EMPLOYER S The Honorable Don 0rey January 18, 1979 Page 2 The main west bleacher is approximately 370 feet long consisting of 18 rows of bench seating with four (4) concession rooms and two (2) maintenance storage areas beneath the stands. The equipment contained inside the concession areas consists of commercial type popcorn machines (2), cotton candy machines (2), commercial ice machines (4), large '. microwave ovens (3) and an air conditioner. The storage areas mostly contained combustibles, mainly paper products. Entrance to the concessions is gained from each end and from two (2) bleacher accesses, each located approximately 1/3 of the way from each end. BASED ON SECTION 3301 (F) ' UNIFORM BUILDING CODE, THE ESTIMATED OCCUPANT LOAD WOULD BE 4,200 (350' of bench X 18 rows X 12" _ 18" per occupant). All egress from the bleachers is to the front and then to either end. The small west bleacher consists of 12 rows of bench seating approximately 75' long. There are two (2) access stairs 1/3 of the way from each end. Egress is to the front then out each end. BASED ON SECTION 3301 (F), UNIFORM BUILDING CODE, THE ESTIMATED OCCUPANT LOAD WOULD BE 552 (69' of bench X 12 rows X 12" - 18" per occupant). The north bleacher consists of 18 rows of bench seating, approximately 300' long. There are five (5) access stairs spaced throughout and stfairs off each end to ground level. The entire bleacher is over the dairy barn. BASED ON SECTION 3301 (F), UNIFORM BUILDING CODE;'THE ESTIMATED OCCUPANT LOAD WOULD BE 3420 (285' of bench X 18 rows _ 18" per occupant). CODE VIOLATIONS: 1. The usable spaces below the main west bleacher and the north bleacher constitute mixed occu- pancies and are not separated by 1 hour con- struction as required by Table 5-B and Section 503(a) UBC. Bleachers are defined as an A-4 occupancy. Concession areas, storage areas and dairy barn are defined as a B-2 occupancy. 2. Four (4) exits must be provided where a grand- stand accommodates more than 3000 persons. 3321(f) 2. G. UBC. The main west bleacher seats over 3000. Y s 4 The Honorable Don�rey January 18, 1979 Page 3 3. Three (3) exits must be provided where a grand- stand accommodates more than 1000 persons. 3321(f) 2. F. UBC. The north bleacher seats over 1000 persons. 4. All required bleacher exits must empty into a public way or safe dispersal area. 3321, 3302(c) UBC. The west bleachers have a total of three (3) gates to the public way,of which two (2) are kept locked. A minimum of five (5) exits are required. The north bleachers have a total of two (2) gates, one (1) shared by west bleachers. Three (3) exits are required. CONCLUSIONS: There are two (2) major areas of con- cern, that of fire and that of safe evacuation in the event of a disaster. New construction does not permit bleachers of this capacity to be constructed of combustible materials, but as this is an existing structure, a means to balance the inequities is needed. All possible fire potentials need to be removed and an increased means of exiting provided. RECOMMENDATIONS: • 1. Remove all concession and storage rooms from the main west bleacher,, making a clear area that can readily be policed of fire hazards. This area should also be fenced off from the public area. 2. There is no economical way to provide sprinklers or 1 hour separation for the dairy barn. In lieu of this, utilization of a fire watch equipped with suitable portable fire fighting equipment would provide adequate assurance against a fire outbreak in the barn. 3. At the south end of the small west bleacher, install a gate/door a minimum of 42" wide, preferably 6 feet. 4. In the west wall between the small and the large west bleachers install a minimum of 10 feet of exit. 6 The Honorable Don Soey January 18, 1979 Page 4 5. Install two (2) 6' wide exits in the west wall of the main west bleacher approximate- ly 1/3 of the way from each end. These could be incorporated adjacent to where the exist- ing bleacher concession access openings are located. The bleacher access width must not be less than 6'. a 6. The north bleacher requires a third means of egress, which would have to either go over or through the existing dairy barn. Protective requirements would be extremely costly. The center third of the bleachers could be prohi- bited from occupancy and therefore eliminate the need for the third exit, or with consider- I ation given to the fire watch being maintained during bleacher occupancy, it is felt that by doubling the width of the two (2) existing exit stairs and providing a minimum of a 10' opening to a safe dispersal area on the east end that , the dangers would be minimized. k f It is recognized that the addition of these outside exits will present a problem of ticket control. It i must be understood that all required exits must be maintained open (preferably locked open) during bleacher occupancy. This will no doubt require ad- ditional manning at each exit. The only alternative would be to provide a safe dispersal area from these exits by fencing off from the public way an area where no person within the area need be any closer than 50 feet to the structure. In conclusion, we have merely address the major problems and have not gone into minor infractions, such as guard rails, etc. We have tried to address the facility on a basis of -what could be done to alleviate the most serious conditions and thus possibly provide additional service to the public without endangering lives. Mayor Storey, I hope that this will provide you with the nec- essary information which will assist the City of Meridian in making its decision. If I may be of any further assistance, do not hesitate to call on me. Sincerely, e 4Direo rn cto BK/JCS/mlt cc: Fire Chief Welker 5?A72 W MAND o . a JOHN V. EVANS Department of Labor and Industrial Services BlBKINGHORN Director 317 Main Street, Room 400 Statehouse Boise, Idaho 83720 JAN 2'1979 January 18, 1979 The Honorable Don Storey Mayor of Meridian City Hall 728''Meridian Meridian, Idaho 83642 Dear Mayor Storey: In ;response to. Chief Welker's January 3, 1979, letter and youpr verbal request for assistance in evaluating conditions of the Meridian Speedway, I assigned Mr. Jack Stroud, Admi- nistrator of the Building Inspection Division, to take the necessary action to make appraisals to you based on new con- str4ction requirements of the 1976 Uniform Building Code and the!1976 Life Safety Code. The following has been reported to me by Mr. Stroud: On January 16, 1979, Mr. Joe Holmes, Class 'A' Build- ing Inspector and Plan Checker for the Department of Labor and Industrial Services and I met with Mayor Storey, Fire Chief Welker, and Fire Marshal Voss. I reiterated that we were there only at their request and asked if the owners of the Speedway were aware and approved of our being there. We were informed that they did approve and everyone understood that we were there in an advisory position only. Mr. Holmes, Chief Welker, Fire Marshal Voss, and I pro- ceeded to the Speedway and were met there by Mr. Ray Holaday, one of the Speedway promoters. Mr. Holaday provided access to all buildings. Although Chief Welker and Fire Marshal Voss accompanied Mr. Holmes and myself, at no time did they relate to us what they had found to be in violation but only responded to direct questions relating to the his- tory of construction. OBSERVATION: (Note: All dimensions relative to length of bleachers were stepped off and must be ,- considered inaccurate.) The Speedway has three (3) bleacher sections, two (2) west bleachers and a north bleacher. The two (2) larger bleachers presently have facilities directly underneath each one. EQUAL OPPORTUNITY EMPLOYER The Honorable Don St0y January 18 1979 Page 2 The main west bleacher is approximately 370 feet long consisting of 18 rows of bench seating with four (4) concession rooms and two (2) maintenance storage areas beneath the stands. The equipment contained inside the concession areas consists of commercial type popcorn machines (2), cotton candy machines (2), commercial ice machines (4), large microwave ovens (3) and an air conditioner. The storage areas mostly contained combustibles, mainly paper products. Entrance to the concessions is gained from each end and from two (2) bleacher accesses, each located approximately 1/3 of the way from each end. BASED ON SECTION 3301 (F), UNIFORM BUILDING CODE, THE ESTIMATED OCCUPANT LOAD WOULD BE 4,200 (350' of bench X 18 rows X 12" _ 18" per occupant). All egress from the bleachers is to the front and then to either end. The small west bleacher consists of 12 rows of bench seating approximately 75' long. There are two (2) access stairs 1/3 of the way from each end. Egress is to the front then out each end. BASED ON SECTION 3301 (F), UNIFORM BUILDING CODE, THE ESTIMATED OCCUPANT LOAD WOULD BE 552 (69' of bench X 12 rows X 12" - 18" per occupant). The north bleacher consists of 18 rows of bench seating, approximately 300' long. There are five (5) access stairs spaced throughout and stairs off each end to ground level. The entire bleacher is over the dairy barn. BASED ON SECTION 3301 (F), UNIFORM BUILDING CODE, THE ESTIMATED OCCUPANT LOAD WOULD BE 3420 (285' of bench X 18 rows _ 18" per occupant). CODE VIOLATIONS: 1. The usable spaces below the main west bleacher and the north bleacher constitute mixed occu- pancies and are not separated by 1 hour con- struction as required by Table 5-B and Section 503(a) UBC. Bleachers are defined as an A-4 occupancy. Concession areas, storage areas and dairy barn are defined as a B-2 occupancy. 2. Four (4) exits must be provided where a grand- stand accommodates more than 3000 persons. 3321(f) 2. G. UBC.. The main west bleacher seats over 3000. •� The Honorable Don Sty January 18, 1979 Page 3 C� 3. Three (3) exits must be provided where a grand- stand accommodates more than 1000 persons. 3321(f) 2. F. UBC. The north bleacher seats over 1000 persons. 4. All required bleacher exits must empty into a public way or safe dispersal area. 3321, 3302(c) UBC. The west bleachers have a total of three (3) gates to the public way,of which two (2) are kept locked. A minimum of five (5) exits are required. The north bleachers have a total of two (2) gates, one (1) shared by west bleachers. Three (3) exits are required. CONCLUSIONS: There are two (2) major areas of con- cern, that of fire and that of safe evacuation in the event of a disaster. New construction does not permit bleachers of this capacity to be constructed of combustible materials, but as this is an existing structure, a means to balance the inequities is needed. All possible fire potentials need to be removed and an increased means of exiting provided. RECOMMENDATIONS: 1. Remove all concession and storage rooms from the main west bleacher, making a clear area that can readily be policed of fire hazards. This area should also be fenced off from the public area. 2. There is no economical way to provide sprinklers or 1 hour separation for the dairy barn. In lieu of this, utilization of a fire watch equipped with suitable portable fire fighting equipment would provide adequate assurance against a fire outbreak in the barn. 3. At the south end of the small west bleacher, install a gate/door a minimum of 42" wide, preferably 6 feet. 4. In the west wall between the small and the large west bleachers install a minimum of 10 feet of exit. It Y The Honorable Don Stay January 18, 1979 Page 4 5. Install two (2) 6' wide exits in the west wall of the main west bleacher approximate- ly 1/3 of the way from each end. These could be incorporated adjacent to where the exist- ing bleacher concession access openings are located. The bleacher access width must not be less than 61. 6. The north bleacher requires a third means of egress, which would have to either go over or through the existing dairy barn. Protective requirements would be extremely costly. The center third of the bleachers could be prohi- bited from occupancy and therefore eliminate the need for the third exit, or with consider- ation given to the fire watch being maintained during bleacher occupancy, it is felt that by doubling the width of the two (2) existing exit stairs and providing a minimum of a 10' opening to a safe dispersal area on the east end that the dangers would be minimized. It is recognized that the addition of these outside exits will present a problem of ticket control. It must be understood that all required exits must be maintained open (preferably locked open) during bleacher occupancy. This will no doubt require ad- ditional manning at each exit. The only alternative would be to provide a safe dispersal area from these exits by fencing off from the public way an area where no person within the area need be any closer than 50 feet to the structure. In conclusion, we have merely address the major problems and have not gone into minor infractions, such as guard rails, etc. We have tried to address the facility on a basis of what could be done to alleviate the most serious conditions and thus possibly provide additional service to the public without endangering lives. Mayor Storey, I hope that this essary information which will making its decision. If I may do not hesitate to call on me. Sincerely, ob rn Directo BK/JCS/mlt cc: Fire Chief Welker will provide you with the nec- assist the City of Meridian in be of any further assistance, n QJ • Dear Mayor Storey, and Meridian City Council; For over twenty-five years, I've lived in BoiseJfor twenty years of that time, I heard about Meridian Speedway, and wondered who in their right mind would want to go and sit for hours, watching people go around a track making noise -lots of noise, and crashing cars. To me it seemed a total waste of time, money and energy. Probably what some of you might think. Then about five years ago, for Fathers Day, our eldest son bought tickets for the whole family, to the Speedway. We went and it was noisy -but no worse thafflAthe kids stereo turned up loud. Much less noise thati a rock concert! The seats were hard, but stadium seats, and blankets helped. So as we returned,we found ways of coping with any difficulty, and we became more and more interested in the people racing there. On Saturday night there is a place where whole families can go and spend their evenings together. People of all ages can sit and enjoy the time together. The noise is no worse than a Bowling Alley, and the air out there is certainly more healthy than that of a smoke- filled Bowling Alley. For the last 2 years, our 2nd son has raced Jalopy stock, there, and he has won a total of 5 dollars, but has enjoyed it. Even though it makes me nervous to watch him, at least I know where he is, and what he is doing. He has also gotten support from his family, and made new friends. Those fellows can get out and push hard, but let one of them push to hard, and the whole bunch pitches in to help. Sure there are disagreements, but how calm do you stay in rush hour traffic? The mechants of Meridian benefit from the races, and its fans also. We do alot more shopping there than we ever did before. I know plenty of others who do the same. How many of you have actually had contact with the races? May I suggest that you give them one more year, and in that time you and your families attend some of the races and see for yourself. Sure some people won't enjoy them, but for a long time, I thought that same thing. The way Meridian is growing, the local people might find local entertainment for the family, as appealing as driving to Boise. Please reconsider, and g=ve the racers a chance there again. It is so much nicer than burning in the hot summer sun,_out at Firebird, which is what you turn out to look like after a day in the sun, with the bleachers facing it. Thank you for your consideration of this letter. 9-,5-,Od /� 2_�42� Sincerly, C fa��� AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS GRANT L. AMBROSE (1915-1968) JOHN O. FITZGERALD WAYNE G. CROOKSTON, IR. 929 EAST FIRST- P O. BOX 427 MERIDIAN, IDAHO 83642 January 2, 1979 Mayor Don Storey, and City Councilmen City of Meridian Meridian City Hall Meridian, Idaho 83642 Res Meridian Race Track Gentlemen; TELEPHONE 888-4461 AREA CODE 208 You have requested me to ascertain whether the City of Meridian has any liability if the City authorizes the use of the Meridian Race Track, knowing that the grandstands and facil- ities may, in all likelihood, violate portions of the Uniform Fire Code and Life Safety Code, which the City has adopted. The Idaho Tort Claims Act, Idaho Code, Title 6, Chapter 9, has specifically authorized recovery against a governmental entity for its liability arising out of its negligence or wrong- ful acts or omissions whether they be governmental or proprietary functions. There is, however, an exception to the liability of a governmental entity and immunity is afforded the City. The City and its employees, while acting within the course and scope of their employment and without malice or criminal intent shall not be liable for any claim which arises out of any act or omission of an employee exercising ordinary care, in reliance upon, or the excution or performance of, a statutory or regulatory function, or based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty on the part of the City or employee thereof, whether or not the discretion be abused. Thus, if the City or its employee is using ordinary care and its action or non -action is authorized by an ordinance, they shall not be liable. Also, if the City or its employee is using ordinary care and is performing, or failing to perform, a discretionary, rather than mandatory, function, they shall not be liable. If the City is to avoid all liability as a result of the City authorizing the use of the Race Track, they must fall within the exceptions noted, i.e., a statutory or regulatory action or a discretionary function., n U MAYOR DON STOREY and CITY COUNCILMEN January 2, 1979 Page Two Without a doubt, there is no statute, regulation or ordinance that authorizes the City to allow the use of the Race Track when the City knows the grandstands are in violation of the above Codes. Thus, this exception does not apply and we must look to the discretionary function exception. The City, through its Fire Chief and Fire Marshall has the duty to enforce the above Codes as adopted by the City and such duty is couched in mandatory language (see Uniform Fire Code, Section 1.201, Responsibility for Enforcement, p. 12). Therefore, there is no discretion as to whether or not to enforce the Codes which could relieve liability. However, the Codes themselves, while still being enforced provide some discretion to the authority having jurisdiction, the City. The Uniform Fire Code, Section 1.103(b), p. 11, provides as follows: "(b) The provisions of this Code shall apply to existing conditions as well as to conditions arising after the adoption thereof, except that conditions legally in existence at the adoption of this Code and not in strict compliance therewith shall be permitted to continue only if, in the opinion of the Chief, they do not constitute a distinct hazard to life or property." The opinion of the Chief as to whether the conditions at the Race Track constitute "a distinct hazard to life or property" is a discretionary act or judgment. Further, Section 1.212(b) of the Uniform Fire Code, at page 15, allows for discretionary decisions to be made concern- ing the time length within which compliance must be had. Other discretionary decisions are allowed in the enforcement of the Uniform Fire Code, such as allowing alternate materials and methods, Section 1.214, p. 16, UFC. Further, if the owner does not agree with the decision of the Fire Chief, an appeal may be made under Section 1.215. The same discretion is allowed in the Life Safety Code when it states in Section 1-4.1.2 as follows: MAYOR DON STOREY and CITY COUNCILMEN January 2, 1979 Page Three °11-4.1.2 Any modification of the requirements for new buildings which in the absence of specific provisions are applied to existing buildings, shall be allowed only to the extent that, in the opinion of the authority having jurisdiction, reasonable life safety against the hazards of fire, explosion, and panic is provided and maintained. Discretionary discussions are allowed here as to what modifica- tions, if any, of the Life Safety Code should be afforded the Race Track. Further discretion is afforded in Sections 14.2.2 and 1-4.4. In light of the above, it is my opinion that the City creates a possibility of exposure to liability for injury to person or property if it allows the use of the Race Track for public assembly. Further, it is my opinion that only one circumstance avoids this exposure to liability and that is where the Fire Chief, in his independent sound reasonable judgment, concludes that the Race Track conditions do not sufficiently jeopardize life or property, thereby warranting one of the above mentioned variances from compliance with the Codes. For the Fire Chief to make a decision that the conditions at the Race Track do not require immediate abatement, or that additional time may be allowed to correct the problems, it must be based on the fact that the then existing conditions, by their ve nature alone, do not require closure annot ecause t ere may be an exception to the Codes. It is the health and safety of the public that must be protected. Very truly yours, Way G. Crookston, Jr, ' WGC/pb 4/ HUB OF TREASURE VALLEY !! A Good Place to Live Jiv CITY OF MERIDIAN OFFICIALS728 Meridian Street COUNCILMEN HERALD J. COX, City Clerk, F.O. MARVIN R. BODINE PATRICK W. JOY, Deputy City Clerk, F.G. MERIDIAN, IDAHO RICHARD C. WILLIAMS `ANN KIEOERT, Treasurer 83642 JOSEPH L. GLAISYER ' GARY L, GREEN, Chief kU Police Phone 888.4433 GRANT P. KINGSFORD BRUCE d. STUART, Water Works Supt, HERALD J. COX, Traffic Bureau JOHN O. FITZGERALD, Attorney DON M. STOREY Sec. Zoning 8 Planning q,1"' - ROGER WELKER, flre Chief Mayor DONALD L. SHARP P 9ARL,WARD, Wee a Water Supt. Chairman Zoning & Planning November 20, 1978 Mayor and City Council r City of Meridian 728 Meridian Street ` Meridian, ID 83642 + Attention: TO ALL INTERESTED PARTIES Gentlemen: This is .in reference to the inspection of the stands at the ''s.' :'Meridian Race Track. At the time of 1:30 P.M., November 20, 1978, Vernon Schoen, Building Inspector and Raymond Voss, Fire Marshal did upon request make a fire and life safety inspection of said grandstands. j ' At this time the grandstands do not conform to Uniform Fire Code,1976, Chapter 26, Section 26.201; Life Safety Code 1976, NFPA No. 101; a` r — 'National Fire Codes 1976, Section 102, j Following is some of .the„examples of nonconformance rrt 1. Grandstands are too high 2. Grandstands are over length 3. Snack Bars and Dairy Barn below stands do not have one (1) hour Fire Rating petitions. As of this date Grandstands should be condemned for non-compliance with Codes existing within the City of Meridian. , Sincerely, Raymond L. Voss CITY OF MERIDIAN FIRE MARSHAL RLV:ln cc: Council (4) Fire Chief n Ra Hol allay F 't, �u l OFFICIALS` HERALD,►. COX, City Clerk, F.O. r PATRICK W. JOY, Deputy City Clerk, F.O. ANN KIEEERT, Treasurer GARY L. GREEN, Chief of Police BRUCE D. STUART, Water Works Supt, JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief r i EARL WARD, Wasle Water Supt. ILL. • _-__..__..�_._.-__ HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 888-4433 DON M. STOREY Mayor November 2Q, 1978 COUNCILMEN MARVIN R. BODINE RICHARD C. WILLIAMS JOSEPH L. GLAISYER GRANT P. KINGSFORD HERALD J. COX, Traffic Bureau See. Zoning 6 Planning DONALD L. SHARP Chairman Zoning & Planning + I Mayor and City Council 1 } City of Meridian COUNCILMEN MARVIN R. BODINE RICHARD C. WILLIAMS JOSEPH L. GLAISYER GRANT P. KINGSFORD HERALD J. COX, Traffic Bureau See. Zoning 6 Planning DONALD L. SHARP Chairman Zoning & Planning + I Mayor and City Council } City of Meridian 728 Meridian Street I Meridian, ID 83642 Attention: TO ALL INTERESTED PARTIES Gentlemen: ' This is in reference to the inspection of the stands at the Meridian Race Track. At the time of 1:30 P.M., November 20, 1978, Vernon Schoen, Building Inspector and Raymond Voss, Fire Marshal did upon request make a fire and life safety inspection of said grandstands. At this time the grandstands do not conform to Uniform Fire Code,1976, Chapter 26, Section 26.201; Life Safety Code 1976, NFPA No, 101; t { National Fire Codes 1976, Section 102, F Following is some of the,examples of nonconformance: k. 1. Grandstands are too high r. 2. Grandstands are over length es. 3. Snack Bars and Dairy Barn below stands do not have one (1) hour Fire Rating petitions.. As of this date Grandstands should be condemned for non-compliance with Codes existing within the City of Meridian. Sincerely, j Raymond L. Voss CITY OF MERIDIAN FIRE MARSHAL I 7 RLV: l n r cc: Council (4) Fire Chief'' _ Ray Holaday i 9 16 OFFICIALS HERALD J. COX, City Clerk, F.O. PATRICK W. JOY, Deputy City Clerk, F.O. ANN KIEBERT, Treasurer GARY L. GREEN, Chief of Police BRUCE D. STUART, Water Warks Supt. JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. *HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 888.4433 DON M. STOREY Mayor November 20, 1978 Mayor and City Council City of Meridian 728 Meridian Street Meridian, ID 83642 Attention: TO ALL INTERESTED PARTIES Gentlemen: y COUNCILMEN MARVIN R. BODINE RICHARD C. WILLIAMS JOSEPH L. GLAISYER GRANT P. KINGSFORD HERALDJ. COX, Traffic Bureau Sec. Zoning & Planning DONALD L. SHARP Chairman Zoning A Planning This is in reference to the inspection of the stands at the Meridian Race Track. At the time of 1:30 P.M., November 20, 1978, Vernon Schoen, Building Inspector and Raymond Voss, Fire Marshal did upon request make a fire and life safety inspection of said grandstands. At this time the grandstands do not conform to Uniform Fire Code,1976, Chapter 26, Section 26.201; Life Safety Code 1976, NFPA No. 101; National Fire Codes 1976, Section 102. Following is some of the examples of nonconformance: 1. Grandstands are too high 2. Grandstands are over length 3. Snack Bars and Dairy Barn below stands do not have one (1) hour Fire Rating petitions. As of this date Grandstands should be condemned for non-compliance with Codes existing within the City of Meridian. RLV:In cc: Council (4) Fire Chief Ray Holaday File Sincerely, Raymond L. Voss CITY OF MERIDIAN FIRE MARSHAL %e V4, /rd I. Del Gould MERIDIAN ATIMETIC ASSOCIATION 270 North Linder Meridian, ID 8361+2 Dear Sir: COUNCILMEN JOHN R. .NAVARRO RICHARD C. WILLIAMS MARVIN R. BODINE KENNETH W. RASMUSSEN HERALD J. COX. TRAFFIC BUREAU. SEC. ZONING & PLANNING WILLARD ROWLEY CHAIRMAN ZONING & PLANNING Enclosed you will find the Association license application for 1978. Please fill out and return to the City Hall before 5:00 P.M. Monday, November 7, 1977. On that date the Council will meet to consider the granting of these licenses for the year of 1978. These licenses expire each year on the 31st of December. The State wants these licenses renewed a month earlier, thus it is imperative that this matter be given your immediate attention so that business as usual can continue into 1978. Please enclose the necessary fee of $100.00. For the Mayor and CiWCUOcil, Herald, J. Cox City Clerk and FinJ Pac a Officer HJC:In Enc: Draught Beer Application cc: File HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN OFFICIALS - HERALD J. COX. CITY CLERK. F. o. ANN KIEBERT. 728 Meridian Street TREASURER MERIDIAN, IDAHO GARY L. GREEN, CHIEF OF POLICE 83642 --� BRUCE D. STUART. WORK SUPT. Phone 888.4433 JOHN O. FITZGERALD. ATTORNEY ROGER WELKER. FIRE CHIEF DON M. STOREY >j Mayor October 18, 1977 I. Del Gould MERIDIAN ATIMETIC ASSOCIATION 270 North Linder Meridian, ID 8361+2 Dear Sir: COUNCILMEN JOHN R. .NAVARRO RICHARD C. WILLIAMS MARVIN R. BODINE KENNETH W. RASMUSSEN HERALD J. COX. TRAFFIC BUREAU. SEC. ZONING & PLANNING WILLARD ROWLEY CHAIRMAN ZONING & PLANNING Enclosed you will find the Association license application for 1978. Please fill out and return to the City Hall before 5:00 P.M. Monday, November 7, 1977. On that date the Council will meet to consider the granting of these licenses for the year of 1978. These licenses expire each year on the 31st of December. The State wants these licenses renewed a month earlier, thus it is imperative that this matter be given your immediate attention so that business as usual can continue into 1978. Please enclose the necessary fee of $100.00. For the Mayor and CiWCUOcil, Herald, J. Cox City Clerk and FinJ Pac a Officer HJC:In Enc: Draught Beer Application cc: File October 159 1975 Meridian Athletic Association Box 527 Meridian, ID 83642 Dear Sir: COUNCILMEN JOHN R. NAVARRO WAYNE D. SKIVER MARVIN R. BODINE KENNETH W. RASMUSSEN HERALD J. COX. TRAFFIC BUREAU. SEC. ZONING & PLANNING Enclosed you will find the store license application for 1976. Please fill out and return to the City Hall before 5:00 . p.m. Monday, November 31 1975- On that date the Council will meet to consider the granting of this license for the year of 1976. This license expires each year on the 31st of December. The State wants this license renewed a month earlier this year; thus it is imperative that this matter be given your immediate attention so that business as usual can continue into 1976. Please enclose the necessary fee of $100.00. For the Mayor and Council, ---� / 14 1 er6Ad J. Cox City Clerk Finance Officer HJC:em cc= File Enc: Beer Application HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN OFFICIALS 728 Meridian Street HERALD J. Cox. CITY CLERK. F.D. MERIDIAN, IDAHO HELEN RYKER. TREASURER 83642 GARY L. GREEN. CHIEF OF POLICE Phone 888.4433 BRUCE D. STUART. WORK SUPT. JOHN O. FITZGERALD. ATTORNEY DON M. STOREY ROGER WELKER. FIRE CHIEF Mayor October 159 1975 Meridian Athletic Association Box 527 Meridian, ID 83642 Dear Sir: COUNCILMEN JOHN R. NAVARRO WAYNE D. SKIVER MARVIN R. BODINE KENNETH W. RASMUSSEN HERALD J. COX. TRAFFIC BUREAU. SEC. ZONING & PLANNING Enclosed you will find the store license application for 1976. Please fill out and return to the City Hall before 5:00 . p.m. Monday, November 31 1975- On that date the Council will meet to consider the granting of this license for the year of 1976. This license expires each year on the 31st of December. The State wants this license renewed a month earlier this year; thus it is imperative that this matter be given your immediate attention so that business as usual can continue into 1976. Please enclose the necessary fee of $100.00. For the Mayor and Council, ---� / 14 1 er6Ad J. Cox City Clerk Finance Officer HJC:em cc= File Enc: Beer Application HUB OF TREASURE VALLI1- 0 A Good Place to Live CffTY OF Mi ERMHAN OFFICIALS 728 Meridian Street HERALD J. COX. CITY CLERK. F.O. HELEN RYKER. TREASURER MERIDIAN, IDAHO S. L. 'SIDSPATH. CHIEF OF POLICE 83642 BRUCE D. STUART. WORK SUPT Phone 888-4433 JOHN O. FITZGERALD. ATTORNEY DON M. STOREY ROGER WELKER. FIRE CHIEF Mayor October 169 1974 COUNCILMEN JOHN R. NAVARRO WAYNE D. SKIVER MARVIN R. BODINE KENNETH W. RASMUSSEN HERALD J. COX. TRAFFIC BUREAU SEC ZONING & PLANNING Meridian Athletic Association 1022 West 8th Meridian, 10 83642 Attentions Keith Bird Dear S i -v Enclosed you hill Find the Race Track Beer Licenso application for 19750 Please fill out and return to the City Hall before 5000 porno Monday, November 4, 1974. On that date She Council i -All meet, to consider the granting of these licenses for thG Year of 1975 These licenses expire on each year on the 31st of 0ecemberro The State trams these licenses renewed a month earlier this year; thus it is imperative that this matter be given your immediate attention so that business, as usual, can continue into 19750 Please enclose necessary fees, For the Mayor and Co cil9 Herald J o Goat City Clerk Finance Officer H C -In cc: File Encu Beer Application 11 jI May 3, 1982 Regular meeting called to order by Mayor Joe Glaisyer at 7:30 P.M. Councilmen Present: Bill Brewer; Grant Kingsford; Ron Tolsma; Rick Orton Jr. Others Present: Bruce Stuart; Earl Ward; Tom Marks; K. Wood; Llovd Howe; Vern Schoen; Jim Potter; Roger Welker; Coenraad Abas; Ray So`-ero; Bruce McDonald; Wayne Crookston; Gary Smith; Leroy Nelson 'Minutes of the previous meeting held April 19, 1982 were approved as written. Item 1- Catherine Park Final Plat Jim Potter was present representing the request for Catherine Park Final Plat. Potter: "We have received the comments from City Engineer and Water and $ewer Department' and we have made the necessary revisions to reflect those on the plans. We would ask consideration on one item. On Last Washington the staff requested that the 8" water line be extended to the edge of the ditch. The alignment for that 8" water line. compared to the rest of East Washington is on the North side of centerline. In this particular area, that property is beyond control by Mr. Marks. We are, as a matter of information, in the process of working up a preliminary plat on Ruth Crow's property. It would appear that particular extension of that water line in that area should be pertinent to her development, since the alignment is on the North. There was discussion and drawings made on the plat. (Tape on File) ix Potter: "We also are extending Water and Sewer stubs to the 25' line on the West side of the property line where Ruth Crow would plan her development." The Motion was made by Orton and seconded by Brewer to approve Catherine Park Final 4 Plat as modified with the change in the water line discussed In thIs meeting. Motion Carried: Kingsford, yea; Brewer, yea;, Tolsma, yea; Orton, yea LeRoy Nelson, Manager Meridian Speedway a. LeRoy Nelson, Manager Meridian Speedway was present requesting a variance for a 8`K 8 -addition to the concession stands e.t the 3o,.j,,.h end of the Speedway, to be constructed the same way, and meeting the same codes as the variance granted last year did. Mayor: "Vern, do you have any comments on it?" ,-,.Vern $choen, Buil-ding inspector: ",%o objection, as long as the Council gives a variance. Mayo r; "Roger, :Ldo you have any comments on it?" Roger'Welker, Fire Chief: "No, not as long as it stays within the fire code." CGu,.ncilman Brewer: "This is for popcorn sales?" Ne .1 son: "Popcorn and snowcones only- Cqqrtcilman Orton: ."There wasa lot of discussion last year when we granted a variance about.,the realtive safety of these stands. Wz.s there any problems at all?" Nelson; "No, none what -so -ever. We met all requests by the Health.Department and th�Ffre Department:'' Thg,-`*tion was made'by Kingsford and seconded by Tolsma to approve the 8 x 8 co*`esslon stana•wi'th variances to the building codes. ption Carried' Kingsford, yea; Brewer, yea; Tolsma, yea; Orton, yea T ......... ® Meridian City Hall .3. June 1, 1981 Agenda 3 (Cont'd) The Motion was made by Kingsford and seconded by Brewer to deny the request by Mr. Kay T. Hult, Bio -Energy District Manager, for a variance from the City Soliciting Ordinance, door-to-door soliciting. Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea Agenda Leroy Nelson Beer License Transfer from Meridian Dairy and Stock Show, Inc. 4 Mayor: 'Leroy Nelson has applied for a transfer of the City beer license for the Meridian Speedway from the Meridian Dairy and Stock Show, Inc., so it is a matter of a transfer and a $25.00 fee." .The Motion was made by Brewer and seconded by Williams to transfer the Meridian Speedway Beer License from the Meridian Dairy and Stock Show, Inc. to Leroy Nelson, Meridian Speedway Manager. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea Agenda Leroy Nelson - Variance for Mobile Snack Bar 5 Mayor: "We discussed this at the last meeting and I will ask Vern (Bldg. Inspector) to summarize the letter that you have directed to the Council." i Vern Schoen: "I think the biggest problem is allowing him to go ahead without giving variance from the Codes. To begin with he needs 1 hour walls if less than 20 feet, he needs architectural drawings for the building, foundation, etc. - those are all in the Codes." Brewer: "Even with consideration of him tearing out the stand?" Schoen: "You would still have to have all this other." Wil;iams: "I would like a question of Vern and Roger - approximately three years ago they were supposed to have a step by step upgrade of the Meridian Speedway to 6omply with current Fire and Life Safety Codes - what happened with that?" What is our exposure as far as that whole situation?" Welker: "They have been granted variances - the only way this could be brought up to code would be to tear the whole thing down. Things have done step by step so variances could be granted. We have inspected it annually." Williams: "What condition is it in now?" Welker: "Up to the condition where the variance can be granted. But something r more to be added will require another variance - what is projected to be put in %F there does not meet codes." ' Brewer: "I know the City has to have codes and has to live by them, but by the ' same token we have a right to give a variance. I know we hired these two people to watch out for our best interest but in this case we need to maintain common sense visible attitude. I think there has been a great deal around there to make.it a lot better than several years ago." Williams: "Is that in the position now for the variance Leroy is asking for - is it feasible? Let's get down to the down-to-earth pratical situation - is it 1 feasible to grant this variance? Is there any work that should be done prior to granting it? What do they need to do to keep them from the point they don't need a variance?" Schoen: "The only thing they could do is remove those grandstands completely and put in fire proof grandstands or cut them down no taller than 12 feet - if you did it would cut them out about 3/4 of the seating capacity. I'm not sure but I think 12 feet high is all that bleachers can be. They still do not have the proper type of steps - there is supposed to be even steps all the way down. There is supposed to be exit seats so far apart, I mean your length on your seating capacity. If you are going to make them reach Code then my basic opinion is that they have got to tear it down and start over." Williams: "Is the Snack Bar Mobile going to create a substantial increase in the danger?" Schoen: "I assume there has been a lot of research done with these codes or they City of Meridian .4. June 1, 1981 Agenda 5 (Cont'd) wouldn't be this requirement. Somewhere along the line one of these exploded or burned. Now the Codes used to be different - we had fire zones. Different zones for different fire proof buildings. Now they use the distances wherever you are at. Brewer: Where I was raised they put in a lighting system 35 or 40 years ago on hugh Pine trees - it's still there solid. For many years iow you have to use an spun, aluminum, tapered pole for a lighting system. No one can afford to do that. These Codes and rules made by OSHA were made to live by now and the years to come but to use good common sense we have to forget some of this stuff. I think it is reasonable for this man to have a stand there, and what I call reasonable safety and I think he should be granted his variance." The Motion was made by Brewer and seconded by Orton that the Council grant Leroy Nelson, Meridian Speedway Manager, a variance from the Building Codes and Fire Codes for a Mobile Snack Bar at the Meridian Speedway. _. ' Brewer, yea; Orton, yea; Kingsford, nay; Williams, nay Mayor Glaisyer broke the tie by voting yea. Motion Carries Agenda Bills were read 6 The Motion was made by Kingsford and seconded by Williams to approve the bills Motion Carried: Williams, yea; Kingsford, yea; Orton, yea; Brewer, yea j Agenda Mayor Joseph Glaisyer read Ordinance Number 388 entitled: AN ORDINANCE ANNEXING 7 AND•ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING A PART OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN WHICH PROPERTY IS ADJACENT TO AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. Mayor: "This ordinance is more specifically known as LINDER INDUSTRIAL PARK ANNEXATION. Is there anybody in the audience that wishes to have Ordinance No. 388 read in it's entirety?" There was no response. Mayor:. "The described property is to be zoned "D" Industrial" The Motion was made by Kingsford and seconded by Orton that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 388 as read be passed and approved." Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea; Williams, nay Agenda Mayor Joseph Glaisyer read Resolution Number 76 authorizing Joseph L. Glaisyer, 8 Mayor; A.M. Kiebert, City Treasurer; LaWana L. Niemann, Ci Ly Clerk; and Grant P. Kingsford, Councilman to sign, on behalf of the City of Meridian payment vouchers, when drawn down against its letter of credit_ for Community Development Funds, and further resolved, that Bill G. Brewer, Councilman be designated to certify the authenticity of the signature of individuals authorized to execute Treasury Form TFS-7578. Mayor Glaisyer read Resolution in full. The Motion was made by Rick Orton and seconded by Bill Brewer that Resolution Number 76 Community Block Grant HUD be adopted to authorize Mayor Glaisyer, City Treasurer, City Clerk and Councilman Kingsford to sign letter of credit payment vouchers and to designate Bill G. Brewer to certify the authencity of those signatures. Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea Meridian Ci Hall •5• November 17, 1 Orton: "Leroy Nelson called again today on using the parking behind the Speedway this year. I think it is now time to make that decision. The options are - is to let them use it, maintain status quo and develop those six acres sometime in the future. If we do let them use it, we should probably let them use if for a full year at a time. The other option would be to go ahead - develop now, probably our only fund source for that is Federal Revenue Sharing that hasn't been renewed yet. This racing year could be renewed, on a one,year basis again." Brewer: "I can't see any problem with the use of that for parking on a one year basis, as far as the Senior Citizens are concerned." Williams: "As long as we are covered with Vernon regarding the status of the stadium and the speedway." Mayor: "Make sure they have the City additionally insured on their liability." Williams: "I would prefer that they show that liability coverage in other things before we grant the parking lot." Orton': "In other words, you are asking that they come in for year by year approval of their speedway operation." Williams: "This is what was set up three years ago." Orton: I will call Mr. Nelson and let him know that the Council's amendable to letting them use that area again this year, but it has to be subject to the whole Speedway opera- tion." Orton: I have a report on a situation that I worked out with Steve and Terry, Chamber oft! Commerce, on the landscaped area coming into town where the Chamber has allocated $400.00 to landscape that and since it is such a large area, we felt it needed more landscaping. The arrangement I've worked out is that we have Federal Revenue Sharing money allocated toj the City park right now and Steve indicated that the Chamber will be willing to undertake a hand labor project in the City park in the value of approximately $400.00, if we would allocate about $430.00, in that range, to additional landscaping up on the roadway. That 11' gives us the same result at the park and doubles the value of our park money." Williams: "The Mayor has received a letter from Jim Felton, Boise State University, regarding the use of the old treatment facility for students. They have installed a gas , meter and electricity, and they have done extensive clean up job of that facility - any council member that has not been out there, I urge to go. With the Council's permission, or knowledge, I am going to meet with Earl (Ward) and Jim (Felton) regarding the long term, use of that plant - maybe five - ten years. I will bring it before the Council after I've talked with them." Williams: "As I said in September, Earl got the plant running to the point of five in September, and averaged three in October where our permit is twenty. I would like to pub- licly commend Earl and his staff for their outstanding job on that plant - I am very proud,'' of those people at the plant, considering this is the first year it has run - you couldn't;'.. ask for any better." There being no other business to come before the Council, the Motion was made by Kingsford;' and seconded by Brewer that the meeting be adjourned at 8:30 p.m. Motion Carried: Williams, yea; Kingsford, ye newer, yea; Orton, yea. t. M. iyCerk +� c: Mayor, Council, Clerk, Treasurer, P&Z, Hein, Attorney, Bruce, Vern, Earl, J -U -B, Fire, Chief, Ada County Commissioners, ACHD, Ada County Zoning Director, APA, AIG, Central District Heatlh, Nampa -Meridian Irrigation, Ray Sotero, Valley News. Meridian City Hall .4. November 17, 1980 Mayor Glaisyer: "Mr. and Mrs. Keller, will you institute a bouncer system on your weekend nights - the nights you have your dances?" Barbra Keller: "The bar no longer considers live music in the back room. If we have any thing, it would be more listening type - one piece, we certainly are not looking at hiring, anywhere up to one or two pieces, which basically we are not planning to have dance bands - if we do, it would be strictly for banquets." Chief of Police: "I have no objection to entertain the motion to renew or reissue." Mayor: "Police Commissioner?" Brewer: "I have no comments." The Motion was made by Orton and seconded by Williams to approve the renewal of Bud's Broi- ler Beer, Wine and Liquor Licenses." Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. enda 6 Transfer of Beer and Wine Licenses - Farmers Club and Speedway New Beer and Wine License - Time for Two Z47The Motion was made by Kingsford and seconded by Williams to approve transfer of the Beer and Wine License from Allan Marsh to Don Bennett doing business as Farmers Club; and trans- fer the Beer License from Meridian Athletic Association to Meridian Dairy Shoe Board for the Speedway. ends 7 enda Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. The Motion was made by Kingsford and seconded by Orton to approvp the Beer and Wine License application of Bruce Kuhl dba the Time for Two. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Joe Simunich - Irrigation Problem. Mr. Simunich stated that someone has cut a hole in Settlers ditch box and the water over- flows and runs onto his property. He stated that is not the way that system was designed.f Simunich stated, "Since this box was in the City and the City approved the Subdivision, if; somebody would take a look at that irrigation system." Mayor:" The City has no jurisdiction for this irrigation system. Any time we make a plat approval, they are subject to the approval to the Nampa -Meridian Irrigation District." Simunich: "This is in the Settler's district." Mayor: "It would be the same for Settlers. We do not have charge of any drainage. Have you ta,1 ked to Settlers?" Simunich: "Yes, they do not know who cut the hole in the box - they have taken a backhoe and dug a ditch for 150 feet through my property and dumped this water. The ditch man said: the reason they did it was because it floods back up into Meadowview Subdivision and that was the easiest way to alleviate the problem - before that, the water ran through an open ditch and I had no problem with it." Orton stated he was concerned, but there was very little the Council could do. Engineer Smith stated Settlers Ditch has a Board of Directors and the approval of this was done by them. The Mayor and Council felt that Simunich should qo directly to Meadowview developer Ken Montee. 8 Other Business Mayor Glaisyer brought the Urban Boundary and Functional Classification System Map for Meridian to the Council's attention. Hearings will have to be set up. He stated that Terry Smith, Chamber of Commerce will get a copy of this. enda 9 Department Reports: Chief of Polict "Meridian is having its first annual Santa Claus Christmas Parade the day after Thanksgiving. Fourteen entries; and I have the list of all the units - they will leave the Dairy Show grounds, the park at 10:00 a.m. and go straight to Cherry Plaza." • Meridian City Hall .5. • /GIHA�5�3o January 29, 19 Agenda Bethaven Subdivision, Preliminary Plat (Cont'd) 4 Williams clarified that the request was for Phase I. i Glaisyer inquired if the City Engineer has approved the Plat. Gary Smith stated that because of the transition he has not seen the Plat yet. tF Kingsford thought Ellsworth had some minor problems. The situation was discussed. they Kingsford addressed the covenants on the architectural committee. He requested / review all outbuildings and spelled out to cover outbuildings in Part 4 and 5. Page 3, Part 9 felt the paragraph should be stuck. Glaisyer did not feel Page 3, Part 9 should be struck. The Motion was made by Joseph Glaisyer and seconded by Margin Bodine to approve the Preliminary Plat of Bethaven Subdivision #1 subject to approval of City Engineering. Motion passed: Bodine, yea; Glaisyer, yea; Bodine, yea. Agenda 5 Meridian Race Track Del Gould and Ray Holaday were present•representing the racers. Williams inquired if everyone had seen the letters from the State and Fire Chief. Williams read the letter from the Fire Chief. Williams stated that the City has received a letter of response from the Meridian Race Track promoters. Williams read the letter. Glaisyer inquired if the promoters can meet the Fire Chief's conditions. Del Gould stated that if the concession's function is closed they will lose their profit. Other alternatives for the concession was discussed. Williams pointed out it would have to ',meet health codes and suggested portable units Gould inquired if it would be acceptable to remove the bleachers over the concession. The possibility was discussed. Welker statedthat he did not think that would suffice. Exits were discussed. Williams inquired if,excluding the concessions, the promoters letter takes care of all other major defects. Welker stated two (2) fire guards are needed in the Dairy Show Barn because of the materials combustible nature. He explained the need for two persons on the fire patrol. Bodine inquired if the Grange building could be used for the concession. The possibilities were discussed. The Motion was made by Grant Kingsford and seconded by Joseph Glaisyer to accept the racing for one more season if the promoters can meet the Fire Chief's approval. Williams clarified the Motion as accepting the Speedway's three proposals plus personnel to control the barn and carry approved fire fighting equipment and the concessions be removed from under the grandstands and the City receive copies of the Insurance policies. He stated the the City wants to be assured they have insurance and they are required to notify the City if they are canceled. Glaisyer requested legal Council to state if these actions satisfy City responsibilities. Crookston stated yes if they meet the requirements set forth in the recommendation set out by the state and City Fire Chief., Motion passed: Glaisyer, yea; Bodine, yea; Kingsford, yea. b w Meridian City Council U The Meeting was call to order at 7:30 P.M. by Mayor Don Storey Councilmen present: Richard Williams, Marvin Bodine, Joseph Glaisyer and Grant Kingsford Others present: David L. Curtis; Frank E. Marcum; Carl B. Ellsworth; Michael L. Milhollin" Tom Grote; Glenn Green; Wayne S. Forrey; Glen Hudson; LeeRoy Nelsen; Gary Murgoito; Roy Doan; Larry Smith; Jim Wolf; Chet Ward; Dan Campbell; Steve Anderson; Bill Brewer; Roger Welker; Earl Ward; Vern Schoen, Bruce Stuart c Agenda 1 Minutes of the previous meetings were approved as read. Agenda 2 Primrose Subdivision (Vecation Reconsideration) Frank Marcum was present on the request. The Mayor read a letter from Central District Health (see evidence). Easements were discussed. Ellsworth stated five (5) additional feet on the easements are necessary to meet City Ordinances. Kingsford inquired if this meets with the policy on access to adjacent property. Ellsworth stated yes and outlined areas of access recommended by City Engineering. A 20 foot drain easement is necessory, an additional 5 foot is necessory in addition to the 25 foot ease- ment in existance. Any and all condition set by the ACRD and Central District Health must be met. Marcum explained the history of the parcel and C.D.H. requirements. It was pointed out that the City had no'plans to run water and sewer lines to the development. Williams stated the.test holes requirements could not be met until high water -table can be;, measured. The problems were discussed. William stated until the easements are given he could not recommend approval. e Kingsford stated if it meets engineering criteria, ACHD requirements, C.D.H. requirements and easements are provided he could support the proposal. 4 The parcel zone was discussed. City and County vacation jurisdiction were outlined. Kingsford moved that the city recommend vacation of the parcel subject to requirements from ACHD and C.D.H. and that easements for streets, water, and sewer lines, seconded by Williams. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. Agenda 3 a Malco Trucking (county) consideration on rezone. Mike Millhollen was present representing' the request. He explained the submitted letter and plan. He presented a letter from the developer; he read the letter. He stated they are asking for a recommendation from the Council to the Ada County Zoning Commission to allow the zone change. Development of the' parcel was discussed and outlined. Williams stated he had talked to personel from May Trucking; it is a good proposal he felt development along the front appears to be strip commercial. He could support the request if the front is not strip commercial. Strip commercial was discussed. Kingsford stated the strip commercial bothered, him but the rest of the plan looks good. Bodine felt it looked good Glaisyer agreed. Williams moved the City recommend approval of the rezone to C-3 with no strip commercial fronting Overland recommended by Bodine. .Fr Motion passed: Williams,yea; Bodine, yea; Kingsford, yea; Glaisyer, yea Agend4 4 Meridian Race Track, Del Gould was present representing the races, he inquired what the City has found out as far as requirements were concerned. 4 5 R rl Williams read an opinion submitted by the City Attorney (see evidance), Interpertation'` of the letter was discussed and clairified by Crookston. ?4'' �s Welker stated he would like to study the letter. Williams inquired if the racers had a rehabilitation plan. There was discussion on decisions to be reached, appeals possible and actions that could be instituted. No decision was reached.'' ie,� Bethaven (Preliminary Plot), Lee Stucker was present representing the request he stated, it was approved by P&Z. It will be developed by stages not all at one time. Kingsford inquired if covanents were submitted, Stucker stated he had outlined a rough draft could be submitted. ,o Ellsworth stated that possibly there should be another exit to the west. Stucker outlined the adjoining property to the west and didn't know what their plans were. 4` t Williams stated the City needs additional fire equipment and is concerned about fire protection. The proposal does not comply with minimum size for building. He didn't ' feel confortable approving it at this time. Stucker replied on building sizes he felt there should be some smaller than 1350 sq. ft.': Some people do not need or want 1350 sq. ft house. He explained his position. Glaisyer stated the minimum square footage is an attempt to increase the quality of the housing. The community has a lot of houses that are 900 sq. feet or 1,000 sq. feet. The 7X, 1350 figure is to increase the quality of the housing. �1 Stucker stated holding a small percent of their housing at this size doesn't jeopardize the City. It was discussed., Williams stated his concern for fire protection and the need for a station and trucks. $e requested amenities before approval. He felt the citizens now in the City should not have to pay for fire protection for the new homes. Kingsford agreed. kr? The Mayor requested a motion to table. It was discussed. Kingsford moved to table until a formula is developed to provide funds for fire protection +� seconded by Bodine.: t Stucker inquired if there was a time table for the study. Glaisyer stated it is being worked on. ,y Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea Williams Stated the restrictive covants should be submitted. Storey stated it is mandatory. Taylor Subdivision, Bruce Stuart was present representing the request. Storey stated because of location he recommended the council approve it as C. Commercial. Glaisyer moved to rezone the parcel to -C- commercial with design review by council before a, and building permit is issued. Seconded by Bodine. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea EA Doxo Properties (Preliminary Plat) Wayne Forrey was present representing the request. `k The location was outlined. Access to other properties was discussed. Ellsworth inquired why they didn't go straight thru. Forrey explained because of P&Z recommendations. Meridian City Hall .5. December 18, 1978 enda'Meridian Race Track 6 Storey stated that the situation at the Race Track at the last meeting with them they anticipated doing some work to bring it as near as they can to the building code. He felt in past years they have done a good job. The racers have quite a little invested and he questioned whether they would be asked if the heights of the stands be torn down because if they do it here they will have to do it all over Idaho. He questioned whether this would happen. It's up to the Council if they want to let the Meridian Racing Association race for another year. He staled that he would like to limit it to one more year. He felt they had plenty of insurance for any accident that could happen out there. Bodine stated the stands were not safe and inquired what they were going to do to strengthen them. Del Gould stated that they keep working on them constantly and outlined what they do to keep them up. He stated that they carry a $1,000,000 accident policy. Williams stated the racing group has contributed a lot to the community over the last 25 years. His concern was the significance of granting a variance and the long term plan. They should support the Race Track for an orderly wind down. Storey stated that one of the problems is $250,000 wrapped up in cars; recommended that this only go on one more year or year to year and they can phase out. He recommended to the Council that they be allowed to race another year. Kingsford moved to go into Executive Sessionand confer with the City Attorney, seconded by Glaisyer. The Motion passed: Williams, yea; Bodine, yea; Glaisyer; yea; Kingsford, yea. Executive Session: City liabilities was discussed. City enforcement of 'Life and Safety Codes was discussed. The Motion was made by Richard Williams an,d seconded by Joseph Glaisyer to table the Meridian Race Track question until a study can be done by legal councel. His input to be no later than the January 2, 1979 meeting and possibly sooner. enda 7 Enclaves were considered. The Mayor inquired if anyone present wanted a legal description read. No one requested a legal description be read. The Mayor called for comment from the public. Mrs. McFadden stated that she did not feel they should be taken in. They have 10 acres there and have had it for 26 years. It has been farmed and there are no plans to develop it and it should not be taken in until they are ready to develop, which should not be in the to distant future. They have their own sewer and well and do not use any City services. Their neighbor farms the land and they have another 20 acres that they farm. They were not notified of the annexation. Paul Pack stated that they heard about it through the grape vine. He contacted his father, Mr. Pack, the owner, in Hawaii. They have considered several possible ways to develop it, no decision has been reached. They have owned it 22 years. They have about 15 acres and is under contract to be farmed. Mr. Pack has indicated a willing- ness to cooperate but would like to know the plans, zoning, ect. Storey stated that he had talked to the owner and Baas in opposition to being annexed. Williams inquired if adequate notice had been published as required by statute. Crookston stated that it was published in the Valley News according to statute of the Land Use. Mrs. McFadden stated that their name was published but Packs was not mentioned. Crookston stated that the description that is the enclave is the entire parcel - Paok's and McFadden's. Meridian City Hall 7 November 20, 1978 Agenda Pinehurst Sub (Cont'd) 10 Howard Jenkins stated that this was an unforseen problem. When the Preliminary Plat was approved it was assumed that it was on sewer, he did not know until recently that it could not be used. It is a bad situation to be in./` Huffaker stated the Lift Station would not be handling that much of a load. Ward stated in his opion it defeated the purpose of eliminating the lift station by adding them. Kingsford stated that he felt they should be avoided where possible. Glaisyer inquired if Mr. Jenkins would sell the lots off or build himself. Williams stated that he had to support Ward and not recommend a lift station. Jenkins asked the Council to please consider the position he is in. The Council approved the Preliminary Plat and this leaves him in a tough situation. Williams stated that there are some alternatives and he did not like backyard easements because of maintenance. There is a, potentially large expense for the City the way it is proposed. Bodine inquired if Mr. Jenkins had discussed easements with Mr. Navarro. He replied "not specifically on an easement", he has checked into the cost of running the line and it is considerable for 17 lots. The Motion was made by Richard Williams and seconded by Grant Kingsford the request be tabled at this point in time. Motion passed: Will-iams, yea; Boaine, yea; Kingsford, yea; Glaisyer, yea. Huffaker inquired where they go from here as far as procedure. Williams stated that they should work oUt something with Navarro and Marshall. Kingsford inquired if they were saying they could not run the line because it is not financially feasible even if they could secure an easement. Mr. Jenkins answered, yea. Group participation in the line was discussed. Mr. Jenkins stated that he is a victim of circumstances. The City Engineers had the opportunity to speak for, or against, this when the Preliminary Plat was approved,and they did not even know the sewer line was that shallow it appears. Agenda eran Speedway 11 ��,;,MidiS P y Del Gould was present from the Meridian Race Track and stated that the stands were inspected and wanted to know the Cities position. The Mayor inquired from Inspector Schoen what was needed to bring the stands up to compliance and read the letter from the City Fire Marshall (see Evidence) Schoen stated that it looked like they would have to completely tear them out and start over. The steps are supposed to be exactly 7" high, 42" wide, with 100 foot breaks and exits. They would need engineering approval of braces, the corridor under the stands needs to come into compliance. a The Mayor stated that they would have to comply. The letter is official and this City must go with the recommendation if someone was hurt out there the City could be liable. Agenda Attorney Crookston instructed the City on Notice of Claim by Aramburu's and recommended 12 it be tabled. The Motion was made by Williams and seconded by Bodine to table the claim of Felix and Linda Aramburu on behalf of Ruby Aramburu. Mn+inn naeenfl- 1,1411; m.- D -A4.... I`1'—...... ....1. V... --.r. , r r Meridian Citv Hall In 40 November 20, 1978 ;Agfa Mayor Storey stated that He had met with the Dairy Show Board last week. They do not know what they are going to do. The problem is that somebody is in violation - '' they are operating as a non-profit operation and they are leasing directly from the Dairy Show Board. He suggested to them that they might consider the cities need for property for a new City Hall and Senior Citizen Center. They are to consider what they will do with the ground out there. If they are condemned, which they are for the use of racing at the race track, then they won't have any income at all. They probably cannot operate without a certain amount of income. All he could report is that the Dairy Show Board does not know what they are going to do. They were waiting for outcome to see what everyone else is doing. Agenda 14 DEPARTMENT REPORTS FIRE CHIEF Fire Chief Welker reported he was to a 911 meeting. There will be another meeting in the near future. It was held by Civil Defense. It is designed to go into service December, 1979. POLICE Chief Green reported that they had discussed a larger tank for non -lead gas. They are requesting a tank with a pump. Bodine called about a tank and had discussed with the Mayor a location by the Well house. Mayor Storey has requested a price listing from Bodine. Kingsford inquired if a 3000 gallon tank would suffice for everything. Green inquired what Bodine recommends.,, he stated they would use approximately 800 gallons per month. PUBLIC WORKS Superintendent Stuart reported on the billing from BEXCO. Ellsworth stated on the West Pine extention they laid 98 feet of pipe. They have installed it and it was authorized by the Council. Stuart stated that they -broke some water lines when they put in the storm drain. The City should be reimbursed for it. Crookston stated that it is a problem to use this as an off -set against a credit. Stuart stated that they broke a 10" main and 6" line - the cost of repairs was $3,860.44. Williams stated that he felt we should be reimbursed. There was discussion on who to bill. Stuart brought up the price listing on a new pick-up truck. The Mayor read the price lists, including Air Conditioning (see evidence) Gibson -Welker Ford Sales Inc. $6,444 Happy Day Ford $6,156 Williams inquired if the City wanted Air Conditioning. Williams and Glaisyer stated that they felt a new truck was needed. The Mayor inquired how necessary Air Conditioning was. The Motion was made by Williams to accept the low bid without air. Glaisyer stated he would like to see Welker get the bid. Williams withdrew the Motion. Storey stated that the service could be better handled locally. Bodine stated that Happy Days did not pay taxes in Meridian. The Motion was made by Richard Williams and seconded by Marvin Bodine to disallow both bids and negotiate. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. f / SQ #Meridian City Hall .6, November 6, 1978 14186 10.31.78 Mountain View Equipment Company, Inc. Service 11.16 14187 10.31.78 Nampa & Meridian Irrigation Dist. Service 920,17 14189 10.31.78 Oxford Chemicals Supplies 43.95 14190 10,31.78 Paramount Supply Company, Inc, Supplies 7,E0 14191 10.31.78 Pay -Less Auto Parts, Inc. Parts 1.99 y 14192 10.31,78 Ray Pitmain Oil Company Service 35E,89 14193 10.31.78 Sargent -Sowell, Inc, Service 25.82 14194 10,31.78 S & E Auto Parts Service 55,37 � 1419510.31.78 Void Void Void 14196 10.31.78 Storey Feed & Seed Co,. Supplies 59090 14197 10.31.78 Void Void 41498 10.31,78 Traylor Construction Company Service 2,263.00' 14199 10,31.78 Tel -Car, Inc. 14200 10.31.78 Territorial Enforcement Supplies Service Police 142.75' 14201 10.31.78 The Tool Box Tools 66,98 51,00 14202 10.31.78 Valley News iPublishing 14203 10.31.78 Western Auto Associate Store Supplies Suppl Supplste 456,F3 14204 10.31.78 Zep Manufacturing Co. Water 3,Q0 25,94 14205 10.31.78 Consolidated Supply Co. 14206 10.31.78 City Delivery Service Supplies 770.00 14207 10,31.78 Arrowhead Machinery & Supply Co. Service Supplies 8.05 394.55 14208 10,31.78 Boise Cascade -Bldg. Materials &' Services Div. 7,50 14209 10.31.78 G & B Ready Mixed Concrete 14210 10.31.78 Paul's Conoco Material 251.55 14211 10,31.78 Water & Waste Water Equipment Co. Service Pipes q 0 4..6 14213 10,31.78 Starline Equipment Co. 14212 10,31.78 Water WorkSpplies Co. 1,003.84 25 1,Q28.13 14214 10,31.78 Steve's Radiator & Welding Supplies Supplies Service 28.13 28,00 14215 10.3 1.78 City of Boise -Central ServiceService 18.16 14216 10.31.78 Farmer Bros. Company Service 46,73 14218, 10.31.78 Zamzow's 0 Service 103.84 The motion was made by Kingsford and Seconded by be Bodine that the bills as read approved. _ Motion passed: Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea. Agenda 12 Mayor Storey inquired what the Council's feelings were on the sewer line system, Sewer charges systems were discussed.' The Motion was made by Grant Kingsford and seconded by Joseph Glaisyer to accept Fee Schedule C. Motion passed: Williams, yea; Bodine, yea; ea; , Glais erKingsford, y y r yea. Agenda 13 Del Gould from the Meridian Speedway was present to inquire about a beer license, Storey stated that there are some problems out there, off, also in the City First, the parking area was sold parking Park is against BOR Dairy Show lot only. regulations that leaves the Gould inquired if they could park out in back. Storey stated that it will be closed off. Gould stated thet were trying to rent land to the south. The Mayor inquired on the status of basing and subleasing of the Speedway. Gould stated that the Athletic Association is out of it when they sold the ground they put their money in a trust and gave everything else to the Dairy Show. The Dairy Show, contacted their group and wanted them to lease the track to help them -the !fairy Show cannot stay there without the track. Storey stated that the Dairy Show hadndicated they wanted to do something there. The status of non-profit was reviewed and the Mayor stated that he didn't feel the - City could issue a beer license without some clarification on what is going on out there. Williams requested clarification on which group Gould was representing, He stated the Land sales were discussed acid who owned' what and where the money was going. Parking agreements were discusse. The stock in the bowling alley was discussed and no one knew where it went, Meridian City Hall .7, November 6, 1978 g Agenda 9 Meridian Speedway (Cont'd) a 13 Distribution of funds raised sed were di, ussed and profit andnon-profit groups. 4V r` Membership on the Board was discussed and who was on the Board from Meridian. �„ v Storey inquired who owned the facility. ti Bodine stated that the stands should'ibe checked for safety. Stands were discussed. The four persons on the Board were discussed. Storey inquired who was going to administer the Trost. Records were discussed. Kingsford stated that if Gould got with Inspector Schoen for safety inspection and it passed he would not have any objections to a beer license for another year. Gould stated that the license would be in the same name as the last three years. Storey inquired if it would be a tax'':paying entity this year. Gould stated yes for the Speedway. Board members and financial status was discussed Storey inquired if Gould knewewwhereere the money from the Ladies Auxiliary had gone. Gould did not know and stated that he felt all past life time members should have a say in what happens out there. Kingsford stated that the seats should be inspected. Agenda 14 Cherry Lane Village; Changing Plat to all.ow Zero lot')ines and Townhouses: Eugene Wright was present representing the request. Joy read letter sent by Wright to city Council, (see evidence), Wright stated that they would like to cut lot in half and sell off each separately, This would provide ownership instead, of renting, It would not increase the density. Kingsford inquired how many square feet. Wright stated around 1,000 Square feet, or what the City stipulates within reason They need a variance on side setbacks, two extra meters and something needs to be worked OL on Sewer easements to be held in common. It was discussed and Wright,pointed out; which bots they were talking about.' Storeyin uired how many units. Totally it is around 51. Wright requested a variance on side !,set back and approval of the concept. He clarified the difference between condominiums and townhouses, Superintendent Stuart requested clarification on meter hook-ups and if they would put new; services in from the main. Wright explained they would put, where the meters are now, bigger meter boxes and two additional meters'. Stuart stated that there is only a l inch ;line in there, Stuart explained now there is a 1 inch line, two meters will be added which will ` equal four meters off a 1 inch line,! They have been approved for.3/4 inch yokest and they are only 5/8 inch, Wright stated that the yokes would be changed but not the service lines. Instead of putting In one larger teeter they are putting in two meters. Stuart` statedthat he was concernedl'J f they start sprinkling, washing, etc'. if there will be enough capacity for each house on a 3/4 inch meter - volume Will change. Wright stated that the usage will be the same. Easements or common usage agreements;,-` will be worked out. Glaisyer inquired how big the lots are. Wright stated that the smallest is around 8,000 - 9,000 sq. feetz, most are greater than 10,000. Bodine stated that the units should',be over 1,000 sq. Peet. Square footage was: discussed. a Meridian City Hall June 21, 1978 Regular City Council meeting called to order at 7:40 P.M. Councilmen present: Marvin Bodine, Richard Williams, Grant Kingsford;:Josesph Glaisyer Others present: Vern Schoen; Bruce Stuart; Herald J. Cox; Gary Sharpe; Donald Shaw; Lois Ba Morgan; Wayne S. Crookston Jr.; Carl B. Ellsworth; Stephen L. Gomes; Steven W. Hosac; Michael L. Milhollin; Gene Wright; Gary Green Patrick Joy Agenda 1 The minutes of June 5, 1978 stood approved with corrections of Agenda items 6, 17 NEW BUSINESS Agenda 2 Mayor Storey stated approval of the bill was needed by the Council and taken on to the re- habilitation project. Carl Ellsworth stated it would take some time; suggested figuring something out outside the Council and handle through the City. Mayor Storey stated that he assumed Bruce Stuart, Work's Supt. and the crew would be paid - by the City. Herald Cox stated that it would work out better if the contractor himself would pay. Mr. Ellsworth stated that he felt it should be paid by the City. Grant Kingsford moved to approve the b ill for $645.15 seconded by Marvin Bodine. Motion passed: Bodine, yea; Williams, yea; Glaisyer, yea; Kingsford, yea. Agenda 3 Music Concert at the Meridian Speedway for the benefit of the Idaho Multiple Sclerosis Society. Lois B. Morgan, Executive Director, was present. She stated that they had a chance to have a benefit show at the Meridian Speedway on the 23rd of July. They would have four performing bands, one guen-t instrumentalist. Mr. Gould from the speedway had no objections and explained that the City was the next process. The Mayor stated that the City has a policy set up some years ago not to have shows there because we have had some problems,. The County and Fair Board stated that they would not go with them anymore. The problem is handling people. It is a good cause but the speedway people actually do notihave the right to tell them if they could or could not use it, that is the Dairy Board's function. The Speedway is a sub -lease from the Dairy Show Board. The Mayor stated that he had talked to the Police Chief and he thinks there is apt to be problems out there. Richard Williams inquired about the hours and type of bands. Mrs. Morgan replied that Country and Western would be featured. The Societies reputation is at stake and they have looked into the performers and are convinced they are legitimate. The hours would be 6 P.M. to 8 P.M. Mrs. Morgan stated that they would hire the police from the City Police Department. Mayor Storey stated that it is easy to state a two hour show but at the Fair Grounds two years ago they could not get them to leave. The Police Chief does not want it. The purpose and type of people and who they would appeal to was discussed. Tba 1^3civaoT r• cli,,oi nwi r.. Il Irliwlf. one i ', ... • .:.. , _ ... 1 _ .T a 1, _ t - _. '. Y .T � .. ... � 1.. 1 1 . 1 r -,,r: - _ —.. a s .T 0 Meridian City Hall e2e June 219 1978 Cont 'd Agenda 3 The Mayor stated parking is a problem.', Police Chief, Gary Green, stated that it would have to be well policed, the number depending on the size of those in attendance and did not like the parking situation. Further discussion followed. Mayor Storey inquired about the number,of police officers it would take. Chief Green stated that it would require three and for this situation, four. Marvin Bodine stated that he would notlwant to open something up for later. Further discussion followed. The Motion was made by Richard Williams and seconded by Grant Kingsford to allow the Concert for July 23 from 6 P.M. to 8 P.M. with the stipulation that no alcoholic beverages be served and that adequate security be provided, and the Society reimburse the City for all direct expenses incurred. Motion: Richard Williams, yea; Grant Kingsford, yea; Marvin Bodine, nay; Joseph Glaisyer, nay There being a tie vote the Mayor voted nay and the motion failed. OLD BUSINESS Agenda 4 Settlers Village (Protective Covenants) Steve Hosac was present representing; Settlers Village. He stated that he wanted to talk about Settlers Village and Meridian Greens. He inquired if the problems with Settlers Village was resolved. Richard Williams stated that Joe Glaisyer had made suggestions that should be incorporated. Micheal L. Milhollin stated that the developer has supplied a cover letter and revised documents. Mayor Storey stated that he had it. Richard Williams stated that he would not make a decision until he has a chance to review the document. Mr. Hosac stated that they would make sure everyone received a copy. On Meridian Greens he informed the Council what they were doing with services. He stated that there are two possible routes to run the services. One way over 79000 lineal feet of sewer line, the other alternative would run through the Naha's property and has some advantages. He is going to have to sewer and water his property, and possibly can use common rights of way for both water and sewer. The laying of lines was discussed. Agenda 5 Council Policy Decision on acceptance of Interim Cewer Facility and Letter of Requirement from HEW Division of the environment. The Mayor read the letter received from the Division of the Environment (see evidence) The Policy was discussed. The Mayor stated that we have told the,developers that when the lines were in and have been inspected that we would inspect the lift stations. The matter was discussed. Richard Williams stated that this matter has come up almost at every meeting. In the interest of time and for clarification,a formal policy should be adopted so when developers come in the City can write a letter to FHA, ect., and state the City would accept the interim facitilites in accordance with attached policies. Th.p TRn,%Tnr r,nrcmr,red b"t ien!# t -ilio #,hp pvgfF-m ho l_nn.apd to Pt the time they clan get ..nFly.• w c.r.�, Horidiam City fall o2. April 18s 1977 Pyr. Williams expressed co cern about future need for lime easemcnts to lay Eay :eutur 1 nes. The otaxe was made by i hard �llaams and sec®n e y x�ne asrar,ssom thtat the LPS Church be granted permission to put in their oma well d septic tank m iel accordi g to he sp cisicataons of the h � h Dopar mon $ iifeasablo fl to instal dry -Line s wer. Motion passed. Bodi e, yea; Navarro, :yea; i2asm,ssen yea; Willisms, yeao -- i Mayor Storey asked if all had r ad the Waste Treatmri l Agreement, s agreemen - pert ins fi the present server plant, 6noth agrc omont wool neod to be drawn up forte neer pla_-nto Tae City Attorney s ated hat t e agreement is not r. ady �o put int® two I o--4- 4- can gcava be made until aV fair est h been mad.. The Mayor said that there are o ly Four or five industries involved and they This agreement should be �ircul ted to the Industrial U1307"S With COMO changes Tho Attorney is to look mato this and make necessary changes bo ore sending — our ®the-gh��ra. use�so i. The laayor men tiornedthat--the- -M d open fog a Paco na,rt Sunday, April 24th,, i They rant to spread some d rt ound o they can parlt that -racn camas -on-- e d East of -the raca ta^� -- Carl Ellsworth is to looksinto he possibility to 10 01 t -s a $h far a arkin� ac �a r� -- — — I Donald Leavitt of L AVI` T. -NAY- PAIPIC introduced the epre. entad vee of hits - — - organza �o�ao I � Pyr. Leavitt stated haat his desire was to get someon > to l also o ar the golf -- cour eirhe � Zs co poet d. Whey no cosine o own g®i courseo A dood would be mad out �o the City for the land of er .tie got Conroe is Tyner- %ate -bQen son@ iiaaa e8 00 the original plan �s pre enrea ®y 4JIM X UIJ-0 o ,J -U -B n1ineers are sis ing w th the drawings. There v 11 be apprOXimately -- -- - - 67L;58-2, �a s� eel penes to be increased an a di ti nal lots t®— — 200 lots in a year to 18 months rob Baldorf of Baldo -- � —f an Sons stated that they rro d Wto the property -- f c ogsmemt net cacti — completion, ------Maintenance equipment would be eeded by the City. - ampleted golfQzar cse-.of __ -hole orald hera_b.e_ tom- r dor the City to operate and m 'ntai-7 as deeded owner. -- -because this is the area of ori 'nal construction of Phase 1. --- - s is to beast 'lard off c uveae dour (4) � P ss9 four � ,� o 3 PaTca9 one 1) 4 Para.. _ This golf course area is o coon ,ain a lake supplied y ire igati n mater rrhorca _ i t will be Dumped o the and f r �s-,trees etco as l dsca in . The irrigatioaa wri11 e by an au omatic high pressure syst m writ burricd linea sot as needed to irs4 theareas requited, e F • Meridian City Hall o3. November 19 1976 The Motion was made y Jol Navarro and seconded by ,arvin Bodin„ that the Beer Licenses not to be consumed on the premises be prantel for 1977 to: Davis Foods, Paul's Foodlmd, Sun Ray Dairy, Circle i //445 that the Wine Licens not to be consumed on the premises b gran ed for 19 to Davis Foods, Paul°s Fo dland Circle K #445; that the Draught Beer Li c'nsebe renewed toFarmer's Club, Pats Cafe, Bill's Frontier Club, Bud s Bro ler, Calico Pizza, Keystone Pizza.) Meridian Bowling Lan s, M,ridiai Athletic Association; that the Liquor by t e Dr nk Li ense be renewed for 1977 f r Pats Cafe, B-1 s cont ier Club. BudFs-B-r& aro -- otion passed*. lBodi4e, ye4; Navarro, yea; Rasmussen,lyea; The Engineers, J -U -B have been preparing an Ordinan e as equired by and FDA concerning tae Construction project and future controls )f water and sewer matters, yeao A Uar=-1-sworth7 prese ted proposed Ordinance for re ulati g and administer the Sewer System and herecommended that the proposed Ordi ance" e studied Vy-thie- i�onncil, a co y be , ent to the City Attorney and that a copy be submitted to the EPA fqr review in Seattle prior to adoption. WH -e -n ar—id--1—f'--fS-eRPA pproves, this ordinance would be adoptej-b-y'orclinance by the City of Merid an a d thea become law. The Mayor instructed Mr. lstao th to send a copy of this ropos d ordi- nanc to--the--EPA -i aatt e -as- oo as-pes�ible-ani' sbrtz �e�>-t o�taci'� to make a review of he proposal. to be acted upon at a later time. The Mayor stated thar he felt t at the rest rooms be closed during the minter, cancerz�i�g--thE prase t-re.�troom €aci-lltles�-- - - ----- The preliminary plan for the r strooms were presentEd concerning the P-ark-future-developm -nt,- �Thia-.ketch-is- ed-hy the-Cunci-1-q--9 the Mayor felt that heselfacil'ties should be closed during the winter in th,e--futur--e-,It tea.,- t tha-heab-di�ne�t-need-t be -e r�i -fes — these facilities. -- A- e�on�-rs }ue�t tsar sent- to--th -Council-eone-err,- g -deve op eeated�rY— the west side of Black Cat Road approximately 1/4 mile north of Overland Road -- a.djacerrt-to--Intersta e -$a N, -b tsel�ings to the acre t far h ugt t Ira - this was a density that they co ld not approve. The Motion Baas made y Richard lilliams and seconded by Iia neth Rasmussen that the City recomm nd tc the County Commissioners that they deny request on Black Cat due to the fact that a public Sewer s stem 's not available in this area an due to the density of_pos ible dwel ing_to the acre could create problem in this area. - --Motion passed -nod+, yec, Ddavarro, yea; Rasmussen, yea; °/illiams, yea. The Mayor remarked t iiat d velop ant shuld remain in areas supplied by ---Sew-age- treatmentpla can be served only by d not be allo-wed in -undeveloped acres .there they y y sep is to ks and drainfields. Bids were opened by the Mayor c ncerning_thpurchas of polis vehicle Icor 19770 -- — — The Chief of Police, Gary Green, stated that the Larry Barnes Chevrolet could not meet the bid sp cific•tions requested. It was also noted that this bid was subject to m nufac urers price increase as unkn im factor. -- _ - -— These bids are on file with these minutes. J tm-Navarra stater fiat CJs FoTice ommissioner e r comme e cep ance o the bid from Gibson-Velke� Ford Sales because it morE closely represented the bid specifications and repair services are readily available. 11 Meridian City Hall .4. November 4. 1974 A letter was sent toHank Houst of Custom Concrete Products Inc. on October , , co cern g e unkept prem ses o a n. These premises had been issued a conditional use permit for 1 year and had promised tocean up e p remises. A. -letter was sent in answer to this correspondence at ting that 4e would clean thts up in the near future. It was noted y o c nothing had been done concer ing the denge growth of weeds and unsightly appearance — of the premises® Ordinance Number 270 was r ad by the Mayor entitled: da 0kU)lNANUF_0F_TH4� CITY OF MERIDIAN, REPEALI1G_=VI0W9_.5O1 THROUGH 9-505 OF TIE REV SID AND COMPILED ORDINANCES OF 9HE. OF MERIDIAN, IThe Mntinn was made y We WA COUNTY, )- Ski IDAHO.CITY ver and seconded by Wirvin Bodin bat the provisions of 50-902 tbr A different days aid he suspendel all rules requiring that Ordinances and that Ordinance J be read on eA and approved Motion passed: Skive , yea; Rasmussen, yea; Bodine, yea. Ordinance Number 271 was read by the Mayor entitled: w AN ORDINANCE ADOPTING THE UNIFORM STREET NAME AND IDDRESIS NUMBER ORDINANCE THE CITY F MERIDIAN ADA COUNTY. AHO. The motion was made ty W. D, Ski er and seconded by Kenneth Rasmussen that e rules and provis ons o 50-9)2 and all rules requ ing that ordinances�, be read on three different days Pe dispensed with and that Ordi ce No. 271 Roo" e passed and approved. Motion passe i- ' The Ted Hepper matter was liscussed concernir$_monies due_lim._A The agreement originBlly recorded in the minutes of 1 -5-1 73: Line size difference Tedi Sub.- Includes fitti s a, 100. 0 Prepayment 1,000 00 This matter was presented DecausDMr. Hepper requested the settlement of they $2,100.00 agreement and as ed for his $1,000._00 prepafment retur4 for the Tedi Subdivision, The Motion was made ly Mar dn_B nend_Dec_=d_ed by erne paid: that the monies due Vr. Hever b Line size di ffere ice 100.00 Prepayment water 000.00 .100.00 Motion passed: Skive , yea; Rasmussen, yea; Bodine, yea. Liquor Licenses came up for renewal. Notices were set to all dispensers of alcoholic beverage. The Motion was made by W. Skiver and seconded by Marvin Bodine ng year or e o ng: that the -- - --_— ­Oeses be gran a or-tfi a usu `a _- Consumption of _ Farmer's Cub 229 Fr 1 Pat's Cafe " Bill's Frontier lub 116 E. Broadway Piz a ------Calico Meridian Bowling Lanes 324 S. Meri ian _ Meridian A hlet a ar Bud's Broiler 127 E. Idah Meridian City Hall .5e For Consumption of Wine othe premises: Farmer's Club 229 Franklin Calico Pizza 324 S. Meridian NX For Liquor by the Dr Pat's Cafe 704 E. let S Bill - s Frontier 116 E. Bradmy Bud's Broiler - 127 E. Idaho For Package Beer not to be consumed- on premises: PaulIs Foodland a w Sun Ray 1012 E. lst t. Don's Market 1649 Merl 1a S . Davis Foods 231 E. lst Circle K. Corpo atio 522 W. Gherrr Lan Circle K. Cor o atio 66 E. State Meridian Stinky Mart 907 E. 1st For Wine not to be c nsum d on emises: 'P&u3 It; N w Don's Market 1649 Meridia Ste _ E t S reet Circle K Corporation 522 W. Cherr Lan Circle K Corporation 66 E. Stat n Le- Kntinn Passed- r, yea; Rasmussen, a• Bod1ne, te The Chief of Police, Gary Green stated that he had s me pro Donis Market and the Circ e K C rporation of selling beer to that he had taken care of this and did not feel it was suf i hold up he issuance of their n w licenses. The Ma or announced that Bud Ervin of Bud's Broiler requests at his place of business. It was P inted ouat there iiE no State Law or Co Y Orli prohibiting this. if violationsoccur. The Chief of Police statedi that this business had been qui e the past. It was decided that his could not be denied t e priri _ time. If problems ccur the m tter will be brought up fo consideration. a Chief of Police Gary Gree repo ted concerning the pclice op month of October. This monthly report s in file ith these minutes. e crosswacis a ei o e mes wailscu se T violating the pedest ian in crosswalk area. It is cUngercus children. It was s gestd thal the sc oo s o_r__P_TA__jrocure assistance as this ould be too costly for the City to watch crosswalks all the time. The Mayor stated that the City 4pould cause the strip b ii --_T46--Police can exert moreen or emen u anno afford o TmIll on all of the vrobl int rsect ons. November 4. 1974 s, but cause o ng permission rative in ath8 —` r n for the school ing— e ed; Moridian City Hall S_peci.n,L Meeting called to order y the Mayor at 9:00 A.M. at the City Mall. F?hn mpdrter to bo discussod ovai the Ao-plication by the Mor. dianj)&Th1alan s Epp ies to a license holqor an d! gja k q d nser of t We 0 al Ar + P1 4� lip 'nop Mt- T.fin,rn-p 1Q+AA 4. =rfma bpin/7 i TAG— representatives Of this orp.,an nation hel been )0 req dred to polico in rel a -ti On to It is also understood that ;his�-or license is no -Z7c;u1d bo iouaed for the ooe of the Meridian Athloti to seiwe beer on their race rack area. It is also understood tla:t tie __UQrAn A j,Athletic, AG j — f an effort to place the Disp3nsi ; area at the South on tho mEjor conoramption in th les used area, oLtho st ba motion was made by John X,:varro and seconded b a -license to serve beer on -I-,he jom se at tho race tre above oonoidoratlonQ beihg 1bsaryed. _,_ 11-oti on -passed. Waver Y0, Yea; Rasmussen, jea-odinel i �in Ac that ih the