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1979 05-29AGENDA Meridian City Council May 29, 1979 ITEM: Minutes of previous meeting were approved as read Appointment of Bill Brewer as Councilman. 1. Hunter Estates - Set-back - Change to 0' lot line ACCEPTED with stipulation of two-car garage adjustment in Covenants. 2. Meridian Place Subdivision Final Plat - North of Settler's Village on E. Fairview. APPROVED 3. Devco - 20 Unit Apts. Design Review - West View Addition - Next to 649 W. Broadway. DENIED 4. 4-Plex - Mark fiopkins Design Review - Westview Addition on W. Idaho - Appeal APPROVED 5. CnLmbia Village Preliminary Plat - North of E. 5th St. at Washington ACCEPTED, subject to two-car garages 6. Raleigh Hawe - Discussion of baseball park. 7. Presentation of Class 3 Operator to Randy Roberts. 8. Char-'lies Catering Conditional Use - 101 W. Pine St. Hearing closed until 6-4-79. 9. Linder Park Annexation "D" Industrial.- South of RR and West of Linder. TABLED 10. Car lot Request - Stinky Mart - Located on corner of W. Pine and E. 1st St. Needs Building Permit, Hearing before P&Z before Council Plot Plan Design for parking and to & from access. NO COUPJCIL ACTION. 11. Leisman Addition Rezone to Commercial for Professional Plaza - W. Pine and Linder. ACCEPTED with provision that there be no retail. 12. Hudson-Mitich Annexation #2 "D" Light Industrial. TABLED 13. Meadow View #2 Revised Preliminary Plat. ACCEPTED, subject to the Recreational Allowance on the Five Mile Creek easement and to subsequent use of the Development Plan Final Plat; bicycle paths to be providedfor City to put in parks sewer and water compliance. 14. Sunnybrook Farms #4 Preliminary Plat - Between Cherry Lane and Ustick and between Linder and Ten Mile. ACCEPTED with the variances for Block 20, double frontage lots 1-8 with condition it put in a permanent fence and landscape along Ustick Rd.; that Leann Way be the same as Phase 1,2 & 3. i Page 2 AGENDA May 29, 1979 15. Bews & Smith Industrial Park Preliminary Plat - E. Pine St. TABLED 16. Cherry Lane Village Golf Course - Problems with Construction - Sprinkler System. Mayor named Kingsford & Brewer as Committee to work out problems. Mayor directed letter to Leavitt to meet with him. 17. Marilyn Olmstead, J-U-B Engineers, Inc. Requesting letter from City to Leavitt-NuPacific,stating City can accept the Glennfield Connection Project. APPROVED 18. Cherry Lane Village Sewer System TABLED, pending Engineer Smith's Study. 19. Mayor appointed the Commissioners as follows: Bill Brewer; Street Commissioner and Special Projects. P4arvin Bodine; Police Commissioner and Park and Recreation Commissioner. Grant Kingsford; Public Works and Fire Commissioner. Richard Williams;. Sewer Commissioner. 20. Motion was made to transfer $2,000.00 from General Fund to Unemployment Investment Fund. APPROVED 21. Mayor suggested Brewer investigate having a Business License Department, the cost, procedures, etc. 22. Bodine stated the restaurant grading reports had not been made and recommended withholding payment until service is investigated. 23. Motion was made that the Agreement Charge of $150.00 for pipeline crossing of the Union Pacific Railroad be paid. APPROVED 24. Ordinance #339 - Sewer APPROVED 25. Ordinance #342 - Leisman Addition Rezone APPROVED 26. DEPARTMENT REPORTS - Motion made that claim from Wayne Skiver be disallowed and forwarded to the Ada County Highway District for payment. APPROVED Motion made to pay bill from Ada County Sewer Company to Bobbie Dennett for $110.00 APPROVED 27. ENGINEERING REPORT - Motion made to pay for Change Order No. 4 to DVY Construction Company for $19,516.68. APPROVED Motion made to pay J-U-B Engineering Statement No. 28, Sewer Project for $5,722.77. APPROVED Motion made to pay J-U-B Engineering Statement Pdo. 7 for $1,578.81. APPROVED (Meridian City Hall The meeting was called to order by Mayor Joseph Glaisyer at 7:35 P. M. Councilmen present: Richard Williams; Marvin Bodine; Grant Kingsford. Others present: Bruce Stuart; Richard Orton; Roger Welker; Vern Schoen; Jirmnie Jester; Raleigh Hawe; Marilyn Olmstead; Randy A. P.oberts; Gary D. Smith; Earl Ward; Michael L. Milhollin; Steven W. Hosac; Dean W. Briggs; Max A. Boesiger; Earl Harmon; Allen Harmon; Verl G. King; Howard L. Craven; Delbert Madsen; Judith Pladsen; Judith Anderson; Steven Anderson; Ralph Hawkins; Ed Brooks; Harry Hazen; Richard Stanwood; Nita Lovan, Leroy Atwood. Minutes of the previous meeting were approved as read: All yea The first order of business was the appointment of Bill Brewer as Councilman. The Motion was made by Williams and seconded by Bodine that Bill Brewer be accepted as City Councilman. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea. Agenda 1 Mayor Glaisyer administered the oath to Bill Brewer, swearing him in as City of Meridian Councilman. Brewer began his term with congratulations. Howard L. Craven was present, representing Hunter Estates and requested 0' lot line duplex lots so that the finished product could be sold as seperate entities which would benefit 100% owner occupancy instead of the best possible 50% if they remain two units and one ownership. Mayor Glaisyer's comments were that in the restrictive covenants there be provision for landscaping; premises be upkept in an orderly manner and that they have two-car garages. Craven stated there would be a standard clause inserted to comply. Kingsford agreed with the stipulation of a two-car garage. Two water meters were discussed. There will be a "Y" installed. The Motion was made by Kingsford and seconded by Bodine to accept the 0' lot line set-back for duplex in Hunter Estates with the stipulation of two-car garage adjustment in the covenants. P1otion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 2 Meridian Place Subdivision Final Plat - Located north of Settler's Village on E. Fairview. Earl Harmon was present, representing Meridian Place Subdivision and stated the only changes were some street names to comply with the Fire Department . He pointed out that even though they gave a well lot to the City some time ago in order to line up Jericho St., they are going to have to resurvey and issue a little more ground to the City which won't be square but will line up Jericho. Kingsford questioned School Site. Harmon stated the School Superintendent Hein preferred to have the site in the back area. He stated that they will "give" some ground to the School District and has an agreement with Hein. Harmon explained that the covenants stipulate that if at a later date, the City allows for smaller dwellings, that the covenants will automatically accomodate it. Fire Chief Welker and Verl King will confer upon placement of hydrants. 29, 1979 11 2. Williams questioned settling pond. Harmon stated that they have a water-catch basin that has been comfirmed with Ada County Highway District instead of settling ponds. The Motion was made by Bodine and seconded by Kingsford to accept Meridian Place Subdivision Final Plat. 29. 1979 (lotion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 3 Devco - 20 Unit Apartments - Design Review - West View Addition - Located next to 649 W. Broadway. David Wilcox was present, representing the proposal. Wilcox stated that they are appealing .based on the design review and density. They propose the density of 20 units instead of the 13 that would be allowed un the 15 per acre. Their appeal is based on the assumption that the City Council set these policies for the Comprehensive Plan and such could wave or change these policies where circumstances and conditions warrant. They felt that since this was an Industrial Zone adjacent to Residential and a church and a multi- family across the street, they basically appeal for the density of 20 units. Wilcox displayed. the site plan explaining on the site management, landscaping, etc. Williams stated policy of platting should be upheld and the density of 15 units per acre, and did not feel the Council should overrule the denial of Planning and Zoning. 'All Councilmen were of the same feeling. The Motion was made by Williams and seconded by Bodine that the denial be upheld on the Devco 20 unit proposal. P1otion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 4 4-Plex - Mark Hopkins - Design Review - West View Addition - Located at W. Idaho. Mark Hopkins was present to appeal the denial of Planning and Zoning to build a 4-Plex at the vacant lot on the corner of W. 4th St. and W. Idaho. He stated that his lot is the only vacant lot in the neighborhood of 4-Plexes, and the reason for Planning & Zoning denial .was that he exceeded the 15 unit per acre density. He pointed out the map indicates this lot laid out as a 4-Plex lot. Landscaping and parking was discussed. The Motion was made by Kingsford and seconded by Williams that the 4-Plex Proposal of f4ark Hopkins on the corner of W. 4th St. and W. Idaho be approved. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 5 Columbia Village Preliminary Plat - Located at E. 5th St. at l^lashington, Smiths Annexation. Delbert Madsen was present, representing Columbia Village Preliminary Plat. Madsen stated that they have made all the adjustments that were recommended. Access for fire protection; Units down to 10 per acre; 3.052 acres and just 32 units proposed; they have taken 6 & 8 plexes out and there is nothing larger than a 4-Plex; area fenced for storage of recreational vehicles. The units would be individually owned. The Mayor questioned the alignment of E. 5th St. on the south end of the project. Madsen reported that this problem has been taken care of. Meridian Citv Hall 3 The Mayor wanted clarification of access for fire equipment and also two-car garages. Madsen was not aware of the two-car garage policy. He stated that carports were more suited for this planned use. Welker stated the only problem he could see was the North end. There was no turn-around or access for fire trucks, it gives the Fire Department poor access to the rear of the buildings. The Motion was made by Bodine and seconded by Kingsford to accept Columbia Village Preliminary Plat, subject to two-car garages. 29 Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 6 Raleigh Hawe Hawe is working with and proposing a baseball park. Drawings were presented. Guidelines were presented to be discussed with. the Engineer. The proposal is to build on a step by step basis with help from the local community, support from merchants from which they already have an offer for the dugouts. The Mayor stated that there are a few technical details to work out and suggested that Bodine, Smith and himself get to together for this purpose. Bodine suggested that they add soccer ball. Agenda 7 Williams presented Randy Roberts with a Certificate of Class 3 Operator in behalf of the City. Williams stated that Randy had passed the Class 3 Operators in Idaho, which is a tough one and congratulated him. Agenda 8 Char-'lies Catering - hearing was closed until the next meeting, June 4, 1979. Agenda 9 Linder Park Annexation "D" Industrial - Located south of RR and west of Linder. Ken Marema was present,representing Linder Park Annexation to be zoned "D" Industrial. Marema stated that at the present the property .would stay with one owner and build warehouses. Williams stated that he would want design review of anything that is done, restrictions as to the definition of Industrial and in that sense would feel it would be acceptable under the condition there would be no Commercial involved. He stated the area should be platted before any development occurs. Marema stated they desired Annexation and had planned to come back on design review, rather than do a complete design now. There was discussion Kingsford stated he would like to see frontend fees inacted before any more annexations. Bodine stated he would like to see more of what is going in and then hold to that. The Motion was made by Bodine to deny Linder Park Annexation. Marema requested that the Annexation be tabled. Bodine withdrew the hlotion to deny Linder Park Annexation. The Motion was made by Kingsford and seconded by Williams that Linder Park Annexation be tabled to the next meeting June 4, 1979. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. ~~ .:: ,.,.:,,,}~Y,< ,,:..... ,,.a~. Agenda 10 City Hall 7 Agenda 11 Car Lot Request - Stinky Mart - Located on corner of W. Pine and E. lst St. Ken Marema and Ray Hinzel requested approval fora car lot on the previous Stinky Mart premises. Hinzel stated that the building would be repainted, displayed drawings of the signs. The Mayor stated that he would like to see diagrams of on and off traffic:. Parking was discussed. Hinzel said parking would be at the front or along the side. Marema stated there would be a reduction of traffic from the previous. use as a service station. Bodine inquired about car lot parking. Hinzel stated that there would be a chain that would. give 8 or 10 feet from the curb and the chain would prevent blockage of the sidewalk. Also that the lot would be well lit and all night. Williams pointed out they would be needing a building permit and check with the Building Inspector. Attorney Crookston stated that Hinzel and Marema would have to have a Public Hearing before Planning and Zoning and then to Council for approval. The Mayor recommended that they have a plot plan design for their parking and the access to and from the property. There would be no Council action at this time. Leisman Addition Rezone Commercial for Professional Plaza - Located W. Pine and Linder. Leroy Atwood was present, representing Leisman Addition Rezone Commercial fora Professional Plaza. Atwood stated they had submitted a letter stating there would be no retail as requested by Planning & Zoning. There would be landscaping, fencing, parking ratio of 3.6, that this is now platted in lots and that State St. would be extended. Schoen stated that they will need a set-back variance on the corner where house was removed. The Motion was made by KihcJsfordand seconded by Bodine that the Leisman Addition Rezone Commercial for Professional Plaza be accepted with the provision that there be no retail. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 12 Hudson-Mitich Annexation #2 "D" Light Industrial Glen Hudson was present representing the 5 acre proposal. Hudson stated there would be a 50 ft. access road. The plan was for storage building but was now negotiating with Frito-Lay fora super-delux building which would be next to the railroad tracks at the back. Williams stated that it is not the intent of the Council to allow Commercial establishments in an Industrial zone. Kingsford stated. again that Annexation fees should be enacted.. Bodine stressed landscaping. Schoen reminded Hudson of the "no occupancy" to keep within Light Industrial. Welker requested access for fire truck. Paving of road was discussed. The Motion was made by Kingsford and seconded by Williams that the Hudson-Mitich Annexation #,2 "D" Light Industrial be tabled until the next Council meeting June 4, 1979. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Meridian City Hall .5. Agenda 13 Meadow View #2 Revised Preliminary Plat - Located west of 8th St., east of Meadow View #1. Al Marsden was present, representing Roger Allen, Meadow View #2 Revised Preliminary Plat. Marsden stated they were asking for 0' lot lines in an area for patio homes. He pointed out that this particular location is appropriate for this kind of development. Designs were outlined, allowing plans and access to Sewer Plant area depending on future use and the :.. . otated: ` Lot 16 for through street ohtbl8t}i'.St, Block 6. There was discussion on the 8th St, widening at the Sewer Plant area. If this was to be a park, there would be parking lot area and there could be turn-around facilities to prevent the "dead-ending of 8th St. Engineer Smith questioned irrigation canal on the south side of proposal. Marsden stated that the irrind:ion canal runs down the middle of Delmar Dr. Smith stated that the right-of-way on Chateau is stressed as 60 feet every- where to the west. It was designated some time ago as being an arterial. Steve Hosac explained this has been discussed with Ada County Highway District and in lieu of the City not wanting Chateau to go through they would go from the Center section East to the 50's. Basically it provides a way to go on out to Linder. The Motion was made by Bodine and seconded by Brewer to accept Meadow View #2 Revised Preliminary Plat subject to the design changes and Five Mile Creek Recreation easement; Bicycle paths would be provided along Five Mile Creek if the City puts in the Park and would allow recreation use of that easment; and subject of sewer and water compliance. Hosac stated that they recreational easement would have to be worked out with Ada County Highway District, how the easement is going to be situated is still up in the air. They have to find out how much of an easement is wanted on Five Mile Creek, it may be an off-set type of easement. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 14 Sunnybrook Farms #4 Preliminary Plat - Located W. Cherry Lane. Max Boesiger was present, representing Sunnybrook Farms #4 Preliminary Plat. Boesiger stated that homes will be of the middle and upper income bracket with energy saving features; houses are unique from the other; they are ehcouraging landscaping; Phase I and II are ready to go; there is a neighborhood park and the other planned park is being reserved for the School District. The lots average 3.5 to 3.7 per acre. These are all single family dwellings. Williams asked about double fronted lots on Cherry Lane. Boesiger stated those lots on Cherry Lane would be fenced off and landscaped because of the possible 4-lane traffic in the future. Williams stated the double fronted lots may require variances and this should be prepared for Final Plat. Boesiger stated that School District will reimburse the value of the five acre School Site if they do not exercise this use in the next three years. Access and traffic was discussed. Engineer Smith stated that his major concern was of the requirements of 60 foot streets, the through streets eventually would need to be widened. The wider right-of-way is necessary. The policy has been to require collector streets. There is a 5 foot easement on each side and adequate right-of-way should be provided for the future. Dean Briggs stated that Glennfield St. is a 60 foot right-of-way Street just to the east of this property and has been carrying the Collector status. The Motion was made by Williams and seconded by Kingsford to accept Sunnybrook Farms #4 Preliminary Plat with the variances for Block 20; double frontage Lots 1 through 8 with the condition it put into a permanent fence and landscape dian Citv Hall .6. along Ustick Rd; and with the condition that Leann Way be the same as Phase 1, 2 and 3. 29, 19 Motion Carried: Williams, yea; Bodine, yea;. Kingsford, yea; Brewer, yea. Agenda 15 Bews and Smith Industrial Park Preliminary Plat - Located on East Pine. Wayne Forrey represented the Industrial Park Preliminary Plat. Forrey presented the Mayor and Council with copies of the covenants. Forrey stated that Ada County Highway District has allowed the Park shared accesses and because of the jog of Locust Grove the Ada County Highway District had asked fora 40 foot right-of-way from center line in, on E. Pine and Locust Grove 30 foot right-of-way. Sewer and water lines will be extended. Forrey requested that height of fence may be changed if needed in future. He stated that they have complied with everything the Ada County Highway District required. Smith asked about sanitary service and wanted to be sure there would be capacity. Dean Briggs stated that the 8" line is feasible and will be coming in for Final Plat, and will be designed for the best advantage to adjoining property. The Motion was made by Kingsford and seconded by Bodine to table Bews and Smith Industrial Park Preliminary Plat until the June 4th meeting. Plotion carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 16 Cherry Lane Village Golf Course Nita Lovan and Rich Stanwood were before the Mayor and Council to present problems with construction, especially with the sprinkler system. The problems have been costly. A list of problems, additional expenses incurred and broken pipe footage is on file with these minutes. Mayor named Kingsford and Brewer as Committee to head up and meet with Mrs. Lovan to work these problems out, then contact Mr. Leavitt to find an answer. Lovan stated that Leavitt is to be in town the 4th of June. The Mayor directed a letter to be written asking to meet with him. Agenda 17 Marilyn Olmstead, J-U-B Engineers, Inc. Olmstead stated she had two projects to present, both being sewer extensions. Connecting Glennfield Manor and Cherry Lane Village to the trunk line. Olmstead requested a letter from the City of Meridian to Leavitt-NuPacific or J-U-B Engineers stating the City can accept the Glennfield connection project. Olmstead stated that compaction of the trenches in the future right-of-way will be tested under Ada County Highway District standard procedures. The Motion was made by Williams and seconded by Kingsford to accept the sewer extension in the approved Preliminary Plat Glennfield Manor going back to Sunnybrook Farms and does meet the requirements of the City. Motion carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 18 Cherry Lane Village sewer system was more complicated as stated by Olmstead. They are tied into existing sewer at one end and the trunk line at the other. In order to tie the two together there are grades slightly below minimum. The Motion was made by Williams and seconded by Bodine that the variance of grades slightly below minimum in Cherry Lane Village be tabled pending Engineer Smith's study of the problem. Motion Carried: Williams, yea; Bodine, yea; Y.ingsford, yea; Brewer, yea. Mx,- ~.m,..; .,~,.:ar~a .,w.r.. • i Meridian Citv Hall .7. Agenda 19 Mayor Glaisyer appointed the Commissioners as follows: Bill Brewer; Street Commissioner and Special projects. Marvin Bodine; Police Commissioner and Park and Recreatrion Commissioner. Grant Kingsford; Public Works and Fire Commissioner. Richard Williams; Sewer Commissioner. Agenda 20 The Motion was made by Bodine and seconded by Williams to transfer $2,000.00 from the General Fund to the Unemployment Investment Fund. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 21 The Mayor suggested that Brewer investigate having a Business License Department. The cost, procedures, etc. Agenda 22 Bodine stated the restaurant grading reports had not been made and recommended withholding payment until service is investigated. Agenda 23 The Motion was made by Bodine and seconded by Kingsford that the agreement charge of $150.00 for pipeline crossing of the Union Pacific Railroad be paid. Motion Carried: Bodine, yea; Brewer, yea; Kingsford, yea; Williams, nom. Agenda 24 The Mayor read Ordinance #339 Entitled: AN ORDINANCE AMENDING TITLE 7, CHAPTER 5, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BY REPEALING CERTAIN SECTIONS THEREOF AND BY ADDING THERETO A COMPREHENSIVE PROVISION REGULATING AND ADMINISTERING THE SEWERAGE SYSTE~1 OF THE CITY OF MERIDIAN WHICH SPECIFICALLY PROVIDESFORA PURPOSE; DEFINITIONS; JURISDICTIONAL STATEMENT; REQUIRED USE OF SEWERS; USE OF THE PUBLICE SEWERS; INDURY TO SEWERAGE SYSTEM UNLAWFUL; PEP.MISSION TO DISCHARGE OBJECTIONABLE WASTE OR WATER; BUILDING SEWERS AND SERVICE CONNECTIONS; INDUSTRIAL USERS; POWERS AND AUTHORITY OF CITY AUTHORIZED REPRESENTATIVE; INSPECTION; REJECTIONS OR DISAPPROVALS; BACKFILLING; SEWER LINE EXTENSIONS; SEWER BOARD OF APPRAISERS; DUTIES SCHEDULE OF CHARGES, RATES AND FEES; BASIS FOR SEWER CHARGES; SEWER USER CHARGES AND CONNECTION FEES; SEIdER, CONNECTION, PERMIT AND INSPECTION; SEWER CONNECTION CHARGE; INDUSTRIAL USER CHARGES; INDUSTRIAL COST RECOVERY; SPECIAL SEWER USER CHARGE FOR OUTSIDE THE CORPORATE LIP1ITS; MOfJTHLY USER CHARGES, WHEN DUE AND PAYABLE; DELINQUENCY: NOTICE: SEWERAGE SYSTEM FUND UNAVAILABILITY OF PUBLICE SEWER; PENALTIES; REPEALER CLAUSE; EFFECTIVE DATA; AND A SAVINGS CLAUSE. The Motion was made by Bodine and seconded by Williams that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinance be read on three different days be dispensed with and that Ordinance Number 339 as read be passed and approved. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 25 The Mayor read Ordinance #342 Entitled: AN ORDINANCE AMENDING AND CHANGING THE ZONING IN CERTAIN REAL PROPERTY WHICH IS LEdSMAN ADDITION TO MERIDIAN, ADA COUNTY, IDAHO. The Motion was made by Williams and seconded by Kingsford that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinance be read on three different days be dispensed with and that Ord Number 342 as read be passed and approved. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer; C, I Meridian City Hall 8 May 29, 1979 Agenda 26 Wastewater Superintendent Ward reported on the claim by Wayne Skiver for '.Roto-Rooter service on sewer line. The Motion was made by Williams and seconded by Kingsford that the claim from Wayne Skiver be disallowed and forwarded to the Ada County Highway District for payment. Motion Carried: Williams, yea.; Bodine, yea; Kingsford, yea; Brewer, yea. Ward. also explained the bill from American Cleaning Service Co. to Bobbie Dennett, 1405 E. 1st St. which has been forwarded to the City. There has been problems before and her house, being the lowest one, gets the backage of sewer. He stated that he indicated to her to have a back-flow preventer installed. The Motion was made by Kingsford and seconded by Bodine to pay the bill from Ada County Sewer Company to Bobbie Dennett in the amount of $110.00. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. There was discussion on irrigation problems. Williams suggested there be a notice in Valley News Times that the City is not responsible for ditches and list their number to call. Agenda Engineering report: 27 Smith stated that Jim Coleman, J-U-B Engineers, Inc. recommended that Council approve payment of Change Order No. 4 to DVY Construction Company in the amount of $19,516.68. The Motion was made by Williams and seconded by Brewer that Change Order No. 4, DVY Construction Company, Wastewater Treatment facility, be approved in the amount of $19,516.68. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Smith recommended payment of the Engineering Statement No. 28 in the amount of $5,722.77, Sewage Treatment Project. The Motion was made by Kingsford and seconded by Bodine that J-U-B Engineering Statement No. 28, Sewer Project in the amount of $5,.722.77 be paid. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Smith presented Statement No. 7 General Engineering from February 20, 1979 through March 10, 1979 in the amount of $1,578.81. The Motion was made by Bodine and seconded by Williams that J-U-B Engineering Statement No. 7 in the amount of $1,578.81 be paid. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. The Motion was made by Kingsford and seconded by Williams that the meeting be adjourned at 11:00 P. M. ATTEST: `C~Clerk cc: Mayor; Council; P&Z; Clerk; Hein; Fitzgerald; Bruce; Vernon; Earl; APA; J-U-B; Fire; Chief; AIC; ACHD; Ada Commissioners; Central District Health; Ada County Zoning Director; Nampa-Meridian Irrigation. ~x. ~~ R r,~ r E'°TINL9T~D FOOTAGE OF BROOIi~N I'IPF~ ON GO1.,F COi1R.SE: Hole Footage No. 1 1®0, 150, 60, 120, 200, 20 0, 120, 120, 500 No. 2 120, 120, 60, 60 No. 3 60, 60, So, 1 20, 60, 120, l00 No. 4 60, 20, 60 No, 5 60 No, 6 10, 160 No. 7 60, 120, 60, 60, 60, 150, 100, 30 rro, ~ lzo, lzo, 70, 60, 120, 60, 120, 120 No, 9 15, 100, 60 TOTAL Total 1570 3 60 600 140 60 1?0 640 7oi0 175 4505 Oost of nine nux'chased so far--$35'3:5. 50 half heads needed for No, 1,2,3,6,'?,8, and9, Oost ~3?_50,00 20 full heads for P+o. 4, 7, and 8, Cost w1380,00 ~~~~.~ ,. .. y,. ..y - ;~ 4/ • • ,, 1, :screen on intake pipe to pump not installed. 7, Cover or. pumas anc9 electrical. box not installed. 3, Jelay in raising, puMp;caused de]ap in getting sprinkler system in operation at start of season, [„ Impronar sprinkler heads installed on most fairways are incor- rect for area thev are to cover (full heeds are in and half heads needed), Some fairways need more heads than are in. 5, 1lectrical wiring has not operated correctly since installed. 6, We have incurred a 75'~ loss of revenue due to sprinkling sys- tem not working correctly, from changes being madA oh fairways, and uti-lity installation of lines, Changes will be made on Noa 1,2,3,and9 fairways, 'tr'ees have to be moved also, W ~: ~~/~ i ~~ ~; 1 ~~` ADDITIOPIAL EXPENSES INCORRBD: -F t Pipe ~ 99.99 xent on trencher 595,86 Lent nn 36" wrench 1.2.36 Fuel and Filter ,~3 1`~etal detector to find wires 10,9fl Labor 2187.'70 =Lent on pump 22.15 ~1ose for pump 5.67 Glue 5.34 y Tape 2.27 j Fan be] 2.89 S belt 2.98 ' Spark plug 1.84 Hose ?9.9~ z TOTAL f~`29'%0.63 E].ectriaal bill to come in yeas estimate it at ~IDd.OQ i~ Ada County, Id Ao, ~,y l ~ - ~ ~ Rec_:25t of .7 Y. ,~_ / ~ /S .M. _ ..-_ ` ~rtvTiDA ORDINANCE NO. ~ ~~" ~~~ AN ORDINANCE AMENDING AND CHANGING THE ZONING TN CERTAIN REAL PROPERTY WHICH IS LEISMAN ADDITION TO MERIDIAN, ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said city to amend and change the zoning from "A" residential to "C" commercial, on the following described property: All of Blocks 1, 2 and 3 of Leisman Addition, according to the official plat thereof on file and of record in the Office of the County Recorder of Ada County, Idaho. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho. Section 1. That the aforementioned real property which is described as follows: All of Blocks 1, 2 and 3 the official plat thereof of the County Recorder of be and the same is hereby commercial . ~f Leisman Addition, according to on file and of record in the Office Ada County, Idaho. rezoned from "A" residential to "C" Section 2. That the conditional use permit previously granted for Block 1 of Leisman Addition, is hereby revoked. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. Passed by the City Council and approved by the Mayor of '.the City of Meridian, Ada County, I ah , this 29th, day of May, 1979. ~ ~~~ ~~i~.~/I AM BROS E. FITZGERAL~ & CROOKSTON ATTORNEYS hND <OUNSELO RS 939 ER ST FIRST M EflIDIR N. IOAMO 83fi 62 TELEPXO NE B66-4461 ATTEST: -- `~ . _. ~ __:~ ~' s' ty Clem - Sworn before me this 9th day of hay, 1979 State of Idaho, County of Ada 129 ORDINANCE: N0. 339 AN ORDINANCB MIFNDING 'ILTLE 7, CHAPTER 5, OF TIC REVISED AM) COMPILED ORDINANCES Ol~ T}{E CITY OF D~RIDIAN, ADA COUNTY, IDA[I0, BY REPEALING CL-'R'IAIN SECTIONS THEREOF AND BY ADDING TIIl:RE1'0 A COMPRE]IE'~SIVE PROVISION RECULA'I'ING AND ADD4INISTERING TFiE SEIVIiRAC}i SYSTEM OF 'I'IIE CITY OF "~RIDIAN WI[ICH SPECIFICALLY PROVIDES FORA PURPOSE; DIFINITIONS; JTJI2ISDIC'1'IONAL STATEbIENT; RIQUIRFD USE. OF SF!VERS; USE OF THE PUBLIC SliWERS; INJURY TO SEWERAGE SYSTEM UNLAWFUL; PERMISSION TO DISCHARGE OBJECTIONABLE iVAS'1'fi OR lVA'IT:R; BUILDING SEIVERS AND SERVICE CONNECTIONS; INDUSTRIAL USERS; POWERS AND AUIIIORITY OF CITY .AIIT}IORIZID 12EPRESINTATIVh; INSPECTION; REJECTIONS OR DIS- ,V'PROVALS; BACKFILhING; SF:1vTR LINE EXTENSIONS; SEtVER BOARD OF APPRAISERS; DUTIES OF 'HII: SEINER BOARD OF APPRAISAL,; SFIVF,R CHARGE APPRAISAL; FINAL APPR01'AL OF SCHI'iDULF. OP CHARGES, RATES AND FEES; BASIS FOR SEINER CHARGES; SEtiVER USER CHARGES AND CONNECTION PF,ES; SEVER, CONNECTION, PERMIT AND INSPECTION; SEWER CONNECTION CfIARGE; INDUSTRIAL USER CHARGES; TNDUS'1'RIAL COST RECOVERY; SPECIAL SEWER USER CHARGE FOR OUTSIDE '1'TIE CORPORATE LIMITS; MONTHLY USER CHARGES, WHEN DUE AND PAYABLE:; llELINQUF.NCY; NOTICE.; SEWERAGE SYSTEM FUND UNAVAILABILITY OF PUBLIC SIiIVIiR; PENALTIES; REPEALER CLATISE; EFPP:C'1'IVE DATA; AND A SAVINGS CLAUSE. iVIIIi12FAS, The City Council and the t`1ayor of the City of Meridian, Idaho, have concluded that i.t is in the best interest of said City to repeal portion of 't'itle 7, Chapter S, of the Revised and Compiled Ordinances of the City, and to leave portions thereof effective, and to adopt comprehensive provisions relating the regulating and administering the sewerage system of the City of Meridian, NOIV 'HIF:REFORE, Bli IT' ORDAINED BY TI}Ii hIAYOR AND Tlffi CITY COUNCIL OF THE CITY OF "~RIDIAN, ADA COUNTY, IDAHO. Section 1. 'That Sections 7-505, 7-508, 7-511, 7-512, 7-513, 7-514, 7-515, 7-516, 7-518, 7-519 and 7-524, of Chapter 5, Title 7, of the Revised and Com- piled Ordinances of the City of Meridian are hereby repealed. Section 2. That the following specific provisions relating to the regula- ting and administering the sewerage system of the City of Meridian are hereby adopted and shall he known as Sections 7-525 through 7-556 and shall read as follows: 7-525. PURPOSE. It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the City, and for the purpose of controlling the use and connection to and for providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep,, and repair of the entire sewerage system which includes the sewer collection system and sewage disposal facilities of said City, to charge and collect service charges or~f~es upon all lots, lands, property and premises served or benefitedbythe sewerage system of the City, which system and facilities consist generally of all pipe lines, conduits, catch basins, manholes, clean outs, sewer mains, intercepting sewers, outfall sewers, lift stations, pumps, structures, mechanical equipment and facilities for the treatment and disposal of sewage or sewage by-products; to provide for Industry Cost Recovery from all industrial users; and to provide for the con- trol, use and administration of the installation of private sewage disposal systems where a puhlic sanitary sewer is not available. 7-526 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: A. Act. 'Ihe Federal 1Vat~r Pollution Control Act entitled Public Law 92-500, and its amendments of 1977 as administered by the United States Environmental Protection Agency (F.PA): B. BOD. Biochemical Oxy;;en Demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under stan- dard laboratory procedure in five (S) clay; at 20',C, expressed in milligrams ner litF"r (m~~/1) 130 ~ i ORDINANCE N0. 339 C. Building Drain. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainago pipes inside the walls of the building and conveysit to the build- ing seltzer, beginning five (S) feet outside the inner face of the building wall; D. Building Sewer. The extension from the building drain to the point of connection with the public sewer or other place of disposal; F.. City. Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated agent, representative, or deputy thereto; F. Combined Sewer. A sewer receiving hoth surface runoff and sewage; G. Plow. (n). The volume of sewage being discharged into the sewage system; H. Garbage. Solid wastes Erom the domestic and commercial preparation, cooking and dispensing of food, and from the handling, stor- age and sale of produce; I. Industrial Cost Recovery. Financial recovery by the City, from the industrial users of the sewerage system, of that portion of the U. S. Government grant amount allocable to the treatrnent of wastes from such users pursuant to Section 204 (b) of the Act; J. Industrial User. Airy nongovernmental user of publicly owned treaUnent works identified in the Standard TndustrialClassification ;Manual, 1973, Office of Management and Budget, as amended and supplemented under the following divisions: (1) Division A - Agriculture, Forestry and Fishing (2) Division B - Mining (3) Division D - Manufacturing (4) Division E - 'T'ransportation, Communications, F,lectric, Gas and Sanitary Services (S) Division I - Services An industrial user is also defined as follows: (a) A nongovernmental, nonresidential user which discharges more than the equivalent of 25,000 gallons per day of sanitary waste and which is identified in the Standard Industrial Classification Manual under divisions A, B, ll, li, and L (b) A user which discharges any wastewater containing toxic pollutants or which has any other adverse effect on the trea'trnent works; or (c) A corrmtercial user of an individual system. ~~ A user in the Divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences; K. Industrial l+Iastes. The liquid wastes from industrial manu- facturing processes, trade or business as distinct from sanitary sewage; L. Multiple Building Development. Includes the various types of developments that would have common or joint ownership areas such as condominiums, toi+mhouses, mobile home parks or courts, shopping centers, etc.; P}. Natural Outlet. Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater; N. Owner. .~ person owning real estate which is, or proposes t0 be, CO nil ec'.ted t0 t~ir ~, ,;a c~~ cyct~ni: • , 131 ORDINANCE N0. 339 0. Person. Any individual, firm, company, association, society, corporation, or group; P. pII. The logarithm of the reciprocal of the weight of hydrogen-ions in grams per liter oP solution with a pH value of 7 being neutral; Q. Properly Shredded Garbage. 1'he wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will he carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension; ~ , R. Public Sewer. A sewer in which all orvners of abutting pro- - perties have equal rights, and is controlled by public authority; S. Sanitary Seaver. .4 sewer which carries sewage and to which storm, surface, and groundwaters are not admitted; 1'. Service Connection. The point at which the building sewer connects to the public sewer; IJ. Sewage or Waste iNater. A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establistnnents, together with such ground, surface and starmwaters as may be present; V. Sewage Treatment Plant or 1Yaste 14ater Treatment Facility. Any devices and system used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement Section 201 of the Act; lV. Sewer. A pipe or conduit for carrying sewage; X. Sewerage System. All facilities for collecting, pumping, treating, and disposing of sewage; Y. Sewer User. Any individual, firm, company, association, • society or corporation or group who has connected to the sewerage system; Z. Shall. "Shall" is mandatory; "D1ay" is permissive; AA. Slug. Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes for more than five (S) times the average twenty-four (24) hour concentration or flows during normal operation; BB. Storm Drain. (sometimes termed Storm Sewer) A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted water such as cooling water; CC. Suspended Solids. Solids, organic or inorganic, that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering as pre- scribed in "Standard Methods for the lixamination of iVater and i4aste lYater" and referred to a non filterable residue; and, DD. iPatercourse. A channel in which a flow of water occurs, either continuously or intermittently. 7-527. TO 1VIIOhI CIIAPTIiR APPLICABLI). The provisions of this Ordinance shall apply to all property within the Corporate limits of the City, and any special users outside of the Corporate Limits of the City, including all property owned or occupied by the United States of America, Ada County, and the State of Idaho. 132 ~ ~ ORDINANCE N0. 339 7-528. REQUIRED USE OP SEIVFiRS. 'Che owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recre- ational. use, or other purpose, situated within the City which is abutting on or having a permanent right of access to any street, alley or right-of-way in which there is located a public sewer of said City is hereby required to cease using any other method of disposing of sewage, waste or polluted water, and at his expense to connect such building directly with the public sewer in accor- dance with the provisions of this Ordinance, within fifteen (15) days after date of official notice from the City to do so, provided however, that said sewer is within three hundred (300) feet of any property line of the building to be served or conunon property line in a multiple building development. The developer of a new subdivision shall, at his expense, con- struct the necessary extensions of the public server system to provide public sewer facilities for each lot in his subdivision. It shall he unlawful for any person to place or deposit in any ~' unsanitary manner on public or private property within the City, or in any 'I area under the jurisdiction of said City, any human or animal excrement, garbage or other objectionable waste. `i It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance. Except as hereinafter provided, it shall be unlawful to construct or maintain anv pries, pries vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage. 7-529. }ISE OF THE PUBLIC S1}IVFRS. The use of the public sewers of the City shall be in accordance raith the following regulations: A. No person shall discharge or cause to be discharged from any connection any storrmvater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer; B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the City. Industrial cooling water or unpolluted process waters may be discharged, complying with the require- ments of Section 308 of the Act and on approval of the City, to a storm sewer or natural outlet; C. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; (2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans ox• animals, create a ~` public nuisance or create any hazard in the receiving waters o£ the ~p sewage treatment plant, including but not limited to cyanides in excess of two-tenths (0.2) mgfl as CN in the wastes as discharged to the public sewer; (3) Any waters or wastes having a pH lower than S.S or having any other corrosive property capable of causing damage or hazard to structures, equipment and Iiersomiel of. the sewage works; and, (4) Solid or viscous substances in quantities oz' o£ such size capable of causing obstruction to the flow in sewers, or othex inter- ference with the proper operation oC the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, • • 133 ORDINANCE N0. 339 feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders; D. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the City that such wastes can harm either the sewers, seiaage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the City will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treat- ment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are: (I) Any liquid or vapor having a temperature higher than one hundred fifty (150) ',P, (65'aC); (2) Any water or waste containing fats, wax, grease, or oils, tiahether emulsified or not, in excess of one hundred (100) mg/1 or contain- ing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) %aF, (0 and 65aC); (3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower or greater shall be subject to the review and approval of the City; (4) Any waters or wastes containing strong acid iron pick- ling wastes or concentrated plating solutions whether neutralized or not; (S) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting any excessive chlorine requirement to such degree that any such material re- ceived in the composite sewage at the sewage treatment works exceeds the limits established by the City for such materials; (6) Any waters or wastes containing phenols or other taste or odor-producing substances in such concentrations exceeding limits which may be established by the City as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters; (7) Any radioactive iwastes or isotopes of such half-life or concentration as may exceed limits established by the City in compliance Frith applicable State or Federal regulations; (8) Any waters or wastes having a pH in excess of 9.5; (9) Materials which exert or cause: (a) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime resi- dues) or of dissolved solids (such as, but not limited to, sodium chloride and sodiwn sulfate); (b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions); (c) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works; and,.. (d) Unusual volume of flow or concentration of wastes. constituting "slugs" as defined herein; and, '~~ 134 . ,' ~ ~ ORDINANCE N0. 339 (10) Waters or wastes containing substances which are not amenable io treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to~such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having juris- diction over discharge to the receiving waters; E. If any waters or wastes are discharged, or are proposed to he discharged to the public sewers, which waters contain the substances or posses the characteristics enumerated in Section 7-528D of this Ordinance, and which in the judgment of the City, may have a deleterious effect upon the sewage raorks, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City may: (1) Reject the wastes; (2) Require pretreatment to an acceptable condition for discharge to the public sewers; charge; and/or (3) Require control over the quantities and rates of dis- (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 7-541 of this Ordinance. If the City permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval oC the City and subject to the require- ments of a]1 applicable codes, ordinances and laws; P. Crease, oil and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harnrful ingredients; except that such interceptors shall not }>e required for private living quarters or dwelling units. A1L interceptors shall be of a type and capacity approved by the City and shall be located as to he readily and easily accessible for cleaning and inspection. These interceptors shall be adequately maintained and are subject to periodic inspection by the City; G. iVhere preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense; H. }+T}ren required by the City, the owner of any. property ser- viced by a building sewer carrying industrial wastes shall install a suit- able control manhole together with such necessary motors and other appur- tenances in the building secaer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times; L All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for ~C the Examination of Water and 1Vastewater," published by the American Public f~ health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. Tn the event that ' no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at rahich the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to deternine the existence of hazards to life, limb and property;. J. No statement contained in this Ordinance shall be construed as preventinu any spec ial a<<reemenr ~r nrrvmeem~nt f~~•t~,~cen the City and anv • • 135 ORDINANCE N0. 339 industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial. concern; and, K. Any property owner or sewer user violating the provisions of this Section shall upon notice by the City immediately install such preliminary treatment through separators, traps and/or chemical, physical or biochemical processes as will make and assure that the sewage contributed from such property or premises will meet the requirements of this Ordinance. 7-530. INJURY TO SEIVERAGF. SYSTEi~} I1NLAlVFUL. No unauthorized person shall. maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewerage works. It shall be unlawful for any person to deposit any garbage, rubbish, dead animals or any substance having a tendency to obstruct the flow of the selaer in any manhole, clean out or sewer opening. 7-531. PIiRD}ISSION 'IO DISCHARGE OBJECTIONABLE iV_4.STF. OR lVA'I'ER. The admission into the public sewers of any water or'wastes having: (a) biochemical oxygen demand (BOD) greater than 300 mg/1; (b) chemical oxygen demand (COD) greater than 900 mg/l; or (c) suspended solids in excess of 300 mg/1, shall be subject to the review and approval of the City. Where necessary, in the opinion of the City, the owner shall pro- vide, at his expense, such preliminary treatment as may be necessary to reduce the BOD to 300 mg/1, the COD to 900 mg/1 and the suspended solids to 300 mg/1. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City and of the Idaho Department of Health and 1Velfare, and no constructioff of such facilities shall be cormnenced until said approvals are obtained in writing. 7-532. BUILDING SEWERS AND SERVICE. CONNECTIONS. All materials and workmanship in the installation of building sewers and service connections shall conform to the following regulations: A. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City. The permit is not to be issued until all. sewer connection charges and fees have been paid in full; B. 'Ilrcre shall be two classes of building sewer permits: (1) A General Per~nrit for residential and commercial sewer service, and (2) Indus- trial User Permits for sewer service to establishments producing industrial wastes; (1) General Permits shall be applied for by the owner or his agent on a form provided by the City Clerk. The permit application shall be supplemented by any plans, specifications or other information con- sidered pertinent in the judgment of the City at the time the application is filed. Also, the oNmer or his agent shall pay to the City, at the time the application is filed, a hookup fee, which shall be established by reso- lution of the City Council; and, (2) Industrial User Permits shall be applied for by the owner or his agent by letter to the City Council accompanied by an executed copy of the Industrial User .Agreement together with any plans, specifications or other information considered pertinent in the judgment of the City. Industrial User Permits shall be approved by the City Council based on recommendation by the Engineer for the City. Approval shall be contingent upon the availability of excess capacity in the Sewage Treatment Plant, the provisions of this ordinance and any other considerations the City Council deems appropriate. The amount of the permit, inspection fee and hookup fee for an industrial wastes sewer service will vary with each permit and shall he established by the City at the time of application; ORDINANCE N0. 339 C. All costs and expense incident to the installation and connection of the building sewer and service connection shall be borne by the owner. The owner shall indemnify and hold harmless the City from any loss or damage that may directly or indirectly be occasioned by the instal- lation of the building sewer and the marking of the service connection for same to the public sewer; U. A separate and independent building sewer and service con- nection sha1.1 be provided for every building; except where one building stands at the rear of another on an interior lot and no separate sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer; E. Old building sewers may be used in connection with new buildings only when they are found, on examination and being tested as re- quired by the City, to meet all requirements of this Ordinance; p. The materials of construction of the building sewer and service cormections, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shill all conform to the requirements of the building and plumbing codes as have been or may he adopted. by the City; G. The building sewer from the building drain to the public seraer and the service corurection thereto shall not be smaller than four (4) inch diameter seraer pipe. The minimum grade or slope of the building sewer shall be as follows: (1) lour (4) inch diameter sewer pipe shall be laid on a grade of not less than one-quarter (1/4) inch per foot; (2) Six (6) inch diameter sewer pipe shall be laid on a grade of not less than one-eighth (1/8) inch per foot; and, (3) Hight (8) inch diameter sewer pipe shall be laid on a grade of not less than four (4) feet per one thousand (1,000) feet. The alignment of the building sewer from the outlet of the building drain to the public sewer connection shall be straight, with no bends, waxl>s or sags permitted except with the permission of the City. The ' trench bottom shall be cut to proper grade so that when the pipe is laid the !' body or barrel of the pipe shall be on solid material. Bell holes are to be excavated in the trench bottom at all pipe joints; H. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer; I. T}re service connection to the public sewer shall conform to the requirements of the building and plumbing codes as adopted by the City. in addition, the materials and caorkmanship of the service connection shall meet the following requirements: (1) A precast service connection fitting shall be installed as an increment of the sewer pipe line or installed as an external fabrication to the sewer pipe line said fabrication to be installed within the center one-thixd of an individual laying length of the public sewer pipe, as a precaution in pre- venting the breaking of the bell or the spigot end of the sewer pipe. The ser- vice connection fitting shall be installed as a water-tight connection to the public sewer, care being taken not to extend the building sewer line into the public sewer line, therefore, creating a possible restriction. The invert of the building sewer line at the service connection Fittingshall be at,an eleva- tion above the invert of the public sewer at least equal~to two-thirds of the diameter of the public sewer. All foreign material, shall be removed from the seraer pipe and there shall be a permanent connection which is air-tight and water-tight between the public sewer line and the building sewer line; and, • • ORDINANCE N0. 339 i~7 (2) The building sewer service connection fitting to reinforced sewer pipe lines shall be made as specified under Section 7-532.I.(1) hereof, except that in cutting a hole in reinforced pipe for installation of the service connection tee, extreme care shall be exercised to avoid damage to the pipe. The hole for the tce shall be carefully chipped first to expose the reinforc- ing steel and the steel cut by torch or saw. No chisel cutting of the rein- forcing steel of any character will be permitted; In lieu of a standard service connection fitting, a riser ser- vice connection may be made to sewer lines that are deep below ground sur- face. The branch or riser shall be connected the same as a tee, except that it shall be set vertically over the public sewer pipe, and extended vertically upward such that the top of the riser is not to be less than ~., five feet (S') below the surface of the ground; E J. The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer; K. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public fxom hazard. Streets, sidewalks, parkways and other public property dis- turbed in the course of the work shall be restored in a manner satisfactory to the City; and, L. The connection of the building sewer to the public sewer shall be made by a plumber holding a valid City of Meridian plumbing license. 7-533. INDUSTRIAL USERS.- All industrial users of the sewerage system shall comply with any applicable requirements of Section 204(b), 307 and 308 of the Act. There shall be tivo classes of industrial users: (1) major contributing industry; and, (2) minor contributing industry. They are defined as follows: A. A major contributing industry is one that: (a) will contri- bute greater than ten (10) percent of the design .hydraulic flow of the treat- ment works; (b) will contribute greater than ten (10) percent of the design pollutant loading of the treatment works; (c) has in its waste a toxic pol- lutant in toxic amounts as defined in standards issued under Section 307(a) of the Act; or, (d) has significant impact, either singly or in combination with other contributing industries, on the sewerage system or the quality of its effluent; B. A minor contributing industry shall be all industries not included in the major contributing industry classification as defined herein; All major contributing industries wastes shall. be monitored by the City or Industry on a regular basis at intervals not less than monthly,. and more frequently as the characteristics of the specific industrial discharge may dictate. Minor contributing industries shall be monitored by the City or industry as the characteristics of the specific industrial discharge may dic- tate as determined by the City. All. major contributing industries shall submit to the City on ' the first day of the months of June and December, a statement in writing regarding specific actions taken to achieve full compliance with the require- ments of Section 307 of the Act. Each contributing industry shall report any substantial (exceeding ten percent, plus or minus) change in flow or characteristics o£ waste water being discharged into the sewerage system. The report shall include quantity and quality of effluent and duration and frequency of discharge. 7-534. POIVI.RS AND AUTHORITY OF CITY AUTHORIZED REPRESENTATIVE. The -City through its authorized representative, bearing proper cre- dentials and identification, shall be permitted to enter all properties for 138 ~ ~ ORDIlJANCE fJO. 339 the purposes of inspection, observation, measurement, sampling and testing in accordance with the provis-ions of this Ordinance. The City shall have no authority to inquire into airy processes including metallurgical, chemical, oil, relining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sewers or natural waterways. 1Vhile performing the necessary work on private properties referred to here- inabove in Section 7-534, the authorized representative of the City shall observe all safety rules applicable to the premises established by the sewer user and the server user shall be held harmless for injury or death to any City authorized representative and the City shall indemnify the sewer user against loss or damage to its property by any authorized City representative and against liability claims and demands for personal injury and. property damage asserted against the sewer user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the sewer user to maintain safe conditions as required in this Ordinance or as reasonably required by a prudent man standard. The City through its authorized representative, bearing proper credentials and identification, shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes ~~ of, but not liinited to, inspection, observation, measurement, sampling, "" repair and maintenance of any port.-ion of the sewerage works lying within said easement. All entry and subsequent work, if any, on said easement r shall be done in full accordance with the terms of the duly negotiated ~ easement pertaining to the private property involved. 7-53 ,. INSPECTION. No connection of any kind to a public sewer line shall be made and no sewage permitted to flow through such connection except pursuant to inspection of and approval issued by the City. See Section 7-532, for sewer permits, inspection fees, inspection notices, etc. 7-536. REJECTIONS OR DISAPPROVALS. The City may reject any material or workmanship for cause and, upon such order, rejected material shall be removed and replaced with approved material. Disapproved workman- ship shall cause the removal and replacement of all materials involved, including appurtenances, excavation, backfilling and other work items. 7-537. BACKFILLING. Backfilling of building sewers and service con- nections within the limits of public rights of ways or ease- , ments shall conform to special specifications promulgated bythe City, for sewer installation, and shall be subject to inspection by and approval of the City. 7-538. SEINER LINE EXTENSIONS. All proposed extensions of the municipal sewerage system to serve undeveloped areas within the existing corporate limits, newly annexed areas or areas outside the corporate limits shall comply with the overall master plan for the City's municipal sewerage systern. Costs for all extensions which lie outside the boundary limits of the property for which the extension is requested shall be the responsibility of that property owner or his agent. Cost for sewer extensions within the pro- perty for which the extension is requested shall also be the responsibility of the owner or his agent. The City may, if it has uncommitted funds in its sewer construction account, participate in a portion of the cost of any oversized sewer lines. IUhen it is necessary to install oversized lines as part of an extension, the cost of all oversized lines will normally be the responsibility of the owner or his agent. Unless a special permit is granted by the City, all municipal sewerage system extensions into newly developing areas shall be installed prior to the construction of anv new streets. All design and construction of any extensions to the municipal sewerage system shall comply with the official specifications for sewerage system extensions as adopted by the City. The plans for all extensions to the sewerage system shall be prepared and signed by a registered professional engineer as per the licensing requirements ORDINANCE N0. 339 ~ iss of the Idaho Code. Three copies of the said plans shall be filed with the City. 'lino copies of the plans shall be filed with the Idaho Departrnent of Health and Welfare for their review and approval as required by the Idaho Code. In approving a plan for extension to the municipal sewerage system, the City reserves the right to stipulate other requirements such as a special permit fee, rights of way limits, sequence of construction, time limits for having existing service disrupted, the filing of a performance bond and other similar measures as may be required to protect the public. No work shall connnence on any such extension of the municipal sewerage system until the extension project has been approved by the City. After the construction of any municipal sewer system extensions, it shall be the obligation of the owner, or his agent, to have a registered profes- sional engineer certify to the City and to the Idaho Department of Health ~~ and }Nelfare that the said system extensions were installed in accordance ~ ! with the approved plans and specifications on file with the respective j agencies. Following certification by the registered professional engineer and acceptance by the City, the entire extension of the municipal sewerage system, including the City sewer service lines, shall become the property of the City and it shall he the City's responsibility to maintain and oper- ate the system thereafter. If it is necessary for the City to permit a sewer service connection and/or surer service line at any time after the extension has been originally accepted by the City, the o~atier or his agent, shall be required to pay the sewer hookup fee as well as the standard permit and inspection fees as may be established by the City for such purposes. 7-539. SEWER BOARD OP APPRAISERS. There is hereby created the Sewer Board of Appraisers, consisting of three (3) members, to be the same per- sons as the Mayor, the City Clerk and the Engineer for the City. 7-540. DUTIES OF 'ilk SF.IVFiR BOARD OF APPRAISAL. The Sewer Board of Appraisers s}rall be delegated the duty of establishing all rates, charges or fees made and established under authority of this Ordinance, subject to the approval of the City Council. The Sewer Board of Appraisers has the power to promulgate such rates, charges or fees or changes in rates, or fees; and all such proposals-shall be filed with the City Clerk; thereupon the City Clerk shall have a concise statement of the proposed rates published in a daily issue of a newspaper of general circulation in the City, setting forth a date and a place for a public hearing before the said Sewer Board of Appraisers, upon the said rates, which hearing shall be held not less than ten (10) days after the publication of said notice. The Sewer Board of Appraisers shall, upon the date and at the place set forth in the said notice hold a public hearing and shall have the power to ratify, confirm, modify or approve the said appraisement and assessment. 7-541. SEWER CHARCF: APPRAISAL. Each parcel being subject to sewer con- nection, charge, periodic user charge, industrial cost recovery charges or other fees as provided for in Section 7-543 herein shall be appraised and assessed by the Sewer Board of Appraisers for the purpose of establishing the equivalent connection rating, the seraer connection charge, the inspection fee, the industrial charges, the monthly service charge or other fees to be charged or assessed to and against such property. In making such appraisement and ' assessment, there shall be taken into consideration the area of land being served and the amount of flow (Q), the Biochemical Oxygen Demand (BOD), the Suspended Solids (SS) and any other pertinent components of the wastes that the user is contributing to the system so as to establish, as nearly as pos- sible, the rate, charge or fee for each property on the same relative basis as is imposed upon other like property within the City that has or will receive the sewer service. 7-542. FINAL APPROVAh OF SCHEDULF, OP CHARGES, RATES AND FEES. After the said hearing, upon any charge, rate or fee provided by this Ordinance, the Sewer Board of Appraisers shall submit a final schedule of recommended charges, rates or fees, or a recommended change in present charges, rates and fees to the City Council. The City Council thereupon has the power to approve, confirm, modify or amend the same and the deci Sion of the City Council shall be final. Upon final approval of the Cit; 140 ~ ~ ORDINANCE N0. 339 Council, the same shall then and there he in effect and a copy thereof shall be filed in the office of the City Clerk. 7-543. BASIS POR SE;9ER C}}4RGF:S. Ihere is hereby established a system of connector charges, permit and inspection fee, industrial cost recovery charges, periodic service charges and other fees for the use of, and for service rendered by the sewerage works of the City, and which charges, rates and Fees shall be as near as possible, uniform as to the different classes of property served by said sewerage works. The rates, charges and fees provided by this Ordinance are hereby levied and assessed against each lot, parcel of land, building or property having any connection with the sanitary sewerage works o£ the City or otherwise discharging sanitary sewage,. industrial wastewater or other liquids directly into the sanitary sewerage works of said City. It is specifically enacted that all property in the City to which a public ~ ', sewer is available and is required to connect to the sewer as required in Section 7-528, but is not used by the owner or occupier of said parcel of land, is still subject to user charges under the provisions of this Ordinance. '-~ 7-544. SEWER USER CHARGES AND COiVNEC'IION FEES. The monthly sewer user rates for sanitary sewer service in the City of Meridian, Idaho, as hereafter developed in accordance with Section 7-542 of this Ordinances are based on gallons of iwater used as determined by the water meter readings. Residential homeowner's sanitary sewer user charges will be based on the actual water recorded for monthly water meter readings during the period of the year lrom the 15th day of October to the following 15th day of March. For the following six month period, the average monthly reading for the period from October 15th to the following 15th day of March shall be the basis for the monthly sewer user charge. All other users such as commercial and industrial shall be based on their monthly water consumption. The user charges will be revielved annually by the 20th day of August. The user charge system is based on the followwing: The minimum sewer user charge shall be Four Dollars and Forty Cents ($4.40) per month, based on a use of four thousand (4,000) gallons. The charge, for use in excess of four thousand (4,000) gallons per month, shall be the minimum amount of Pour Dollars and Forty Cents ($4.40) plus an add}tional charge of One Dollar and Ten Cents ($1.10) per one thousand (1,000) gallons or portion thereof above the four thousand (4,000) gallon minimum. The sewer connection fees and charges are based on the following schedule. A11 other users will be required special appraisal and will be computed on an indi- vidual basis. No. of Equiv. Classification Connections Apartment (see Multiple Living Unit) Bank ------------------------------------------ 2.00 Bar -- -------------------------------- - 2.00 Barber Shon, per chair ----------- ------ 0.50 (minimum 1.00) Beauty Salon, per operator Station------------- 0.50 (minimum 1.00) Bowling :alley, per lane ----------------------- 0.20 (minimum 1.00) Cafe, per customer seating capacity ----------- 0.10 (minim~nn to be 2.00 equivalent connections) Car Dealer ------------------------------------ 2.00 ~'ti ~~~. '.t ~. ~_ • ORDINANCE N0. 339 No. of Iiquiv. Classification Connections Car Wash (to be computed on an individual basis) ------------ --- XXXX Church ----- ------------ 2.00 Club, Private ----------------------------- ---- 2.00 Condominiiun (see Multiple Living Unit) Dentist, per practitioner --- ------- ---- 1.00 Department Store ------------------- ---- 2.00 Doctor, per practitioner ------------------ ---- 1.00 Drug Store --------------------- - ---- 2.00 Dry Cleaners ------ ----------------- ---- 2.00 Duplex (see Multiple Living iJnit) Fourplex (see Multiple Living Unit) Garage ------------------------ 2.00 Grocery Store (see Retail Pood Store) Hospital, per bed --- 0.15 Industry (see T~lajor or Minor Contributing Industry) Laundries: Self-service up to and including ten ~r~ashing machines --------------------------- 4.00 Each iv~ashing machine in excess of ten ------ 0.25 Commercial (to be computed on an individual basis) ------------------------------------- XXXX Lodge or Private Club ------------------------- 2.00 Major Contributing Industry (As per separate agreement)----- XXXX Minor Contributing Industry (~s per ' separate agreement)------------------------ XXXX Dlobile home Court or Park First space - 1.00 Each additional space, long term tenant type 1.00 Each additional space, short term tenant type ---- --- - 1.00 Mobile Home or Trailer Elouse on own premises ----------- - ---------------------- 1.00 Motel, Hotel, Rooming House, etc. Without cooking facilities First unit ------------------------------ 1.00 • 141 ' ~ 142 . g . ORDINA • ; NCE N0. 33 ~ - 9 - , _, No. of Equiv. ',j Class iflcation Connec tions 'i ` }?ach additional unit ------------------- - 0.25 ~ Motel, }[ate1, Rooming house, otc. (cont.) With cooking faciliYics First unit ------------------------------ 1.00 Hach additional unit -------------------- 0.50 Multiple Living Unit `, Studio or one bedroom ---------------------- L 00 ,, Two bedrooms ------------------- 1.00 Three or more bedrooms --------------------- 1.00 i ~"~ Office Building for each 2,500 square feet of gross floor space ar lraction thereof --- 1.00 ', Photo Development Lab ---------------- -------- 2.00 Restaurant, per customer seating capacity ----- 0.10 (minimum to be 2.00 equivalent connections) Retail Food Store for each 1,500 square feet of gross floor space or fraction thereof ------------- ------------ 1.00 j Retail Store for each 3,000 square feet ~~ of gross floor space or fraction thereof --- 1.00 Service Station Gas and restroom service only - ------------ 2.00 Full service ------------------------------- 4.00 With Car iVash (to be computed on an individual basis) ----------------------- XXXX Schools per each SO students in average daily attendance or fraction thereof 1.00 Single Family Residence ----------------------- 1.00 Swimming Pool Public (to be computed on an individual basis) ------- -- XXXX Private, for each S00 square feet of pool water surface area or fraction thereof -- 0.25 Tavern --------------------- - 2.00 Theatre ----------------------- ---- 2.00 TOlvll}IOllSC _____________________________________ 1.D0 Trailer Court or Park First unit ------------- 1.00 F:ach additional space, long term tenant type ------------------------------------ 0.75 Trailer Court or Park (cont..) ., Each additional space, short term tenant type ----- --------------- 0.50 Triplex (see Multiple hiving }hiit) • ORDINANCE N0. 339 • No. of Equiv. Classification Connection Railroad Depot -- -------- 2.00 Variety Store for each 3,000 square feet of gross floor space or fraction thereof ------ 1.00 143 7-545. SEINER, C0.'VNECTION, PERMIT AND INSPECTION. To obtain municipal sewer service, the or,mer or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgement of the City. A pexntit and inspection fee shall be paid to the City at the time the application is filed. Also, the owner or his agent shall pay to the City, at the time the application is filed, a connection charge in the amount as provided for in Section 7-544. The amount of the permit and inspection fee shall be determined by the sewer Board of Appraisers as herein provided. The materials of construction of the sewer service line and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling of the trench and surface replacement shall all conform to the requirements of specifications and codes as have been or may be adopted by the City. A separate and independent City sewer service connection shall be provided for each building. The applicant for the City sewer service connection shall notify the City when the connection of the sewer service connection and line to the public sewer main is ready for inspection. 7-546. SEWER CONNECTION CfiARGE. The owner, or his agent, of all pro- perties connecting to the public sewer of the City under the terms of this Ordinance shall pay a sewer connection charge of .Four Hundred Dollars ($400.00) for each equivalent connection or fraction thereof as may be assigned to the property by the City. Far properties that have an existing public sewer adjacent to their property without direct cost to the present owner, or former owners of the property, there shall be an additional coruxection charge of Four Hundred Dollars ($400.00) for each equivalent connection or fraction thereof as may be assigned to the property by the City. 7-547. INDUSTRIAL USER C}IARGES. All industrial user charges shall be established by separate agreement between each separate contri- buting industry and the City Council. All. charges so established shall be in proportion to the benefits derived by the user from the sewerage system and shall be in accordance with pertinent federal regulations as are defixtied herein as the Act. The charges so established shall generate sufficient revenue to pay the industrial user portion of the bonded indebtness, operating and main- tenance of the sewerage system, reserve fund as required to pay for future capital improvements to the Sewage Treatment Plant, and Tndustrial Cost Recovery payments as outlined in Section 7-548, all as required by the Act. The charges shall be based on the amount of Plow (Q), the Biochemical Oxygen Demand (BOD), the Suspended Solids (SS) and any other pertinent components of the wastes that the industrial user is contributing to the sewerage system. All contributing industrial user charges shall be reviewed annually and revised as necessary to insure that each contributing industrial user pays its allocable share. If the discharge of a contributing industrial user changes significantly, greater than loo plus or minus, (by strength, volume, delivery flow rate or other pertinent component characteristics) such industrial user's charge shall be adjusted accordingly to assure that the user continues to pay its allocable share. 7-548. INDUSTRIAL COST RECOVERY. All contributing industrial users of the sewerage system shall. make Industrial Cost Recovery payments for that portion of the cost of construction of the sewerage system which is allocable to the treatment of their industrial wastes in accordance with Section 204 (b) (1) (B) of the Act. - - @ 144 ORDINANCE N0. 339 Pertinent components of the said Section are that: A. Industrial Cost. Recovery payments shall be in proportion to the amount o£ Plow (Q), Biochemical Oxygen Demand (BOD), Suspended Solids (SS) and any other characteristics of wastes, which contribute to the cost of construc- tion, the industrial user is contributing to the sewerage system; I3. Contributing industrial users discharging pretreated process wastes into the sewerage system shall pay Industrial Cost Recovery based on the characteristics of the waste effluent from the pretreatment facilities; C. The City may permit contributing industrial users to reserve extra or addi Tonal capacity in the sewerage system for future use by the industry. Such capacity shall be reserved through formal, written agreement and shall be subject to pertinent Industrial Cost Recovery regulations. The industrial user shall be required to pay the full Industrial Cost Recovery allocable to the capacity reserved. In the event that the City has unused capacity in its sewerage system available for use and the said industrial user is permitted by the City to exceed its agreed upon reserved capacity, the industry shall he required to pay Industrial Cost Recovery calculated on the full reserved capacity plus the additional Industrial.,Cost Recovery for the use above the limits of the original agreed upon reserve capacity or any element thereof; D. All contributing industrial users shall be required to pay any additional Industrial Cost Recovery charges associated with the cost of future upgrading the treatment works as may be required of the City to comply with waste discharge requirements; E. Industrial Cost Recovery for expansion of the treatment works shall he required from those industries which have exceeded their reserved capacity and have been a contributing factor to the need for expansion. Industrial Cost Recovery payments will be required for that portion of the expanded capacity which is allocable to the industrial users discharge; P. Payments for Industrial Cost Recovery shall begin within a month of the date of initiation of service by the industry of the treatment facility as was constructed with grant assistance furrds and shall continue for a base period of thirty years. Contributing industrial users shall pay their share of Industrial Cost Recovery, at no interest, in two hundred and forty (240) equal monthly payments except that any increase as a result of using extra capacity beyond. the original agreed upon amount will be in addi- tion thereto: G. A contributing industry which connects to the treatment works at some time after such treatment works have been put into initial service shall begin Industrial Cost Recovery payments on the date use'is initiated and shall continue for the unexpired portion of the initial base period of twenty years for Industrial Cost Recovery or until the new industry ceases the use of the facility whichever occurs first. The total Tndustrial Cost Recovery payment from a "new" contributing industry shall be the Federal cost of the capacity used multiplied by the ratio of its period of use to the Industrial Cost Recovery base period of twenty years. H. The amount of payment required from an industry for Indus- trial Cost Recovery is to be determined by the following procedure: (1) The costs of the treatment facility shall be allocated in proportion to the benefit of the proposed facility to each wastewater characteristic as follows: Q ='S4°s of Grant Amount BOD = 240 of Grant Nnount SS = 22$ of Grant Amount The cost of any future expansion, upgrading, or recon- struction of the waste treatment facility shall be allocated in proportion ORDINAfdCE N0. 339 to the benefit of the said improvement to any wastewater characteristic so benefited at that time; (2) The total cost per unit of each characteristic shall be calculated as follows Q Unit Cost = (Grant Amount)(Percent of Grant Amount Allocated to~ ('Cotal llesign Florv of Facility in Gallons per Day) BOD Unit Cost = (Grant Amount)(Percent of Grant Amount Allocated to B0: 'Total Desgn.BOD Capability of-Facility in Poun s per SS Unit Cost (Grant Amount)(Percent of Grant Amount Allocated to (Total llesign SS Capability of Facility in Pounds .P (3) The cost to an industry for Industrial Cost Recovery (ICR) is calculated as follows: 'T'otal ICR Cost = (Industry's Final Reserved Amount of Q)(Q Unit Cost) +(Industry's Final Reserved Amount of BOD)(BOD Unit Cost).. +(Industry's Final Reserved Amount of SS)(SS Unit Cost) Annual ICR Cost = Total ICR Cost Monthlv ICR Cost = Total ICR Cost 240 For small. contributing industrial concerns where it is impractical to develop a monitoring program to measure wasteload discharges, Industrial Cost Recovery payments may he made on the basis of estimated flows alone, provided that the industry does not discharge an excessive strength waste That may disrupt the treatment process as determined by the City. The Industrial Cost Recovery payments will be calculated on a similar basis as described herein, except that 1000 of the grant amount will be allocated to flow; I. All Industrial Cost Recovery payments collected from industry and paid to the City shall be used in accordance with the EPA grant agreement as follows: Fifty percent (s0o) shall be returned to the Environmental Protec- tion Agency (EPA); forty percent (40°s) together with all interest earned thereon shall be used solely for the cost of any future expansion, upgrading or recon- struction on the sewerage system eligible for EPA assistance; and ten percent (10"s) shall be used as the City sees fit in the maintenance, operation and~or construction of sewerage facilities to serve any or all areas of the City; and,. J. Actions for nonpayment will he in accordance with Section 7-549 and Section 7-550 as are hereinafter provided. 7-549. SPECIAL SEWER USER C}iAI2GE FOR OUTSIDE THE CORPORATE LIMITS. The City may permit the use of the sewerage works by individual pro- perties that are partially or entirely outside the Corporate Limits of the City. Bach request for such service must be approved by the City Council and all regulations of this Ordinance must he complied with by such special sewer user. The sewer user will be considered a special user as long as the property being served remains outside the Corporate Limits of the City. In addition to all. other charges and fees as are required to he paid by any sewer user, including industrial users, the special setiver user may be charged a supplemen- tal monthly"user charge that will be to reimburse the City £or any other costs to the City that are attributable to administering, operating and/or maintaining the said special sewer user service. 7-SSO. MONTHLY USER CE}ARCES: l~[ffiN DUE AND PAYABLE. All monthly sewer charges shall be due and payable to the City Clexk between the first and tenth day of each month for the billing from the previous cycle. For new construction, the monthly service connection has been inspected and approved or when the building being served is substantially completed, which- ever is the latest date. Upon failure to pay the same, as prescribed, each 145 i4s • ORDINANCE N0. 339 • user shall pay, in addition to the amount due, a fine of one dollar ($1.00) or ten percent (10~) o£ charges due, whichever is greater. ,+ 7-551. DELINQiJfiNCY NOTICE. If a sewer user has not paid his monthly charges by the tenth of the month, it shall be deemed delinquent. The City shall follow the procedure set forth in 5-133 of the Ordinances of the City of Meridian for termination of sewer services; provided, if the charges are not paid within the ten days alter the delinquency notice, an additional penalty of one dollar and fifty cents ($1.SO) or fifteen percent (lSo) of charges due, whichever is greater, will be added to the account. All delinquent charges or fees, as provided by this Ordinance, not paid after the final determination of the setiver users account shall he imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed, and the City Clerk shall, at the time of certifying the City taxes, certify such delinquencies together with all penalties to the 'l'ax Collector of Ada County, Idaho, and when so certified the same shall be a lien upon the property and will be collectible as other taxes. All monies collected by the City Clerk under the provisions of this Section shall be paid over to the City 'Treasurer in the same m:nuier as is required for the pay- ment of other City monies. 7-552. SEIVGRAGE SYSTII~1 FUNll. All fees and charges received and collected under authority of this Ordinance shall be deposited and credited to a special fund to be designated as the Sewerage System Fund. The accounts of said Pund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the sewerage works and any payments into sink- ing funds as may he established for the purpose of: (1) paying principal of and interest on the general obligation sewer bonds of the City which shall from time to time he outstanding; (2) Industrial Cost Recovery funds for payment to pPA; (3) sewerage capital improvement fund for Industrial Cost Recovery payments that are to he used exclusive for future expansion, upgrading or reconstruction on the sewage system eligible for IiPA assistance; and (4) other special funds as may be established by the City Council. As provided by law, when budgeted and appropriated, the funds and credits to the account of the Sewerage System fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the sewerage works of the City and, to the extent legally available, for payment into a sinking fund established for the payment of the principal of and interest of the general obligation sewer bonds of the City which shall from time to time be outstanding. 7-553. INAVAILABIhI1'Y OP PUBLIC SEINER. 1Nhere a public sanitary sewer is not available under the provisions of this Ordinance, the building sewer shall be connected to a private sewer disposal system complying with the provisions of this Ordinance and in accordance with the following special pro- visions: A. Before commencement of construction of a priva'.e sewage disposal system the o~mier shall first obtain a written permit from the City. I'he application for said permit shall be made on a £orm furnished by the City, which the applicant shall supplement by plans, specifications and other information as may bo deemed necessary by the City. A permit and inspection fee of X20.00 shall be paid to the City at the time the applica- tion is filed; B. A permit for private sewage disposal system shall not be effective until the installation is completed to the satisfaction of the City. The City shall be allowed to inspect the work at any stage of con- stxlACtion and, in any event, the applicant for the permit shall notify the City when the work is ready for final inspection and before any undergrotmd works are covered. 'The inspection shall be made by the City within 72 hours after receipt of notice Irom applicant, Saturdays, Sundays and Holidays being excluded in calculating the elapsed tune; f k i; ~~ ~~ ;. ~' 147 ORDINANCE N0. 339 C. The type, capacities, location and layout of a private sewage disposal system shall comply with all of the rules and regulations and reconunendations of the Idaho Department of Health and Welfare and/or the Contra L District Health Department. No septic tank or cess pool shall be permitted to discharge to any natural outlet; D. At such time as a public sewer becomes available to property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this Ordinance and any septic tank, cess pool or similar private sewage disposal facilities sha1L be`' abandoned and filled with suitablematerial; E. The owners shall operate and maintain the private sewage disposal facility in a sanitary manner at all time and at no expense to the City; F. Septic tank pumpings shall not be deposited in any manhole, cleanout or sewer opening. The pwnpings may be dumped at the Sewage Treat- ment Plant at a point designated by the City. The number of gallons dumped and the nature of the tlustes shall be provided to the plant operator prior to dumping. A fee for the septic tank dumping shall he determined by the Board of Appraisers; and, G. No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the Depart- ment of Health and Welfare of the State of Idaho. 7-554, PENALTIES. Any person found to be violating any provision of this Ordinance shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit, but in any event, not to exceed ninety (90) days, for the satisfactory correc- tion thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Any person who shall continue any violation, beyond the time limit provided fox hereinabove in this Section, shall be guilty of a mi.sdemanor and, on conviction thereof, shall be subject to a fine not exceeding $1,000.00 or imprisonment not exceeding thirty (30) days or both such fine and imprisonment for each viola- ' tion. Each day in which any such violation shall continue shall ,be deemed a separate offense. _` Any person violating any of the provisions of this Ordinance shall become , liable to the City for any expense, loss or damage occasioned the.Eit~y_ily~~: reason of such violation. - .~ 7-555. REPEALER CLAUSE. All ordinances or resolutions or parts thereof in conflict herewith are hereby repealed and rescinded. 7-556. SAVINGS CLAUSF,. If any section, paragraph, sentence or pro- circumstance shall ever be held invalid or unenforceable, such holding shall not affect the remainder hereof, which shall continue in full - force and effect and applicable to all circumstances to which it may validly apply. Section 3. Upon the passage and approval of this Ordinance, it shall be irrunediately published in the Valley News, a newspaper of general circulation in the City of nlcridian end shall take effect on the 29 day of. May, 1979. Passed by the City Cormcil and approved by the Mayor of the City of Meridian. ATTEST: ~~ amity Clerk of the City of Meridian, Ada County, Idaho ~ APP OV1 r ~~ _~_ ~~~ yor