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1979 03-05AGENDA Meridian City Council March 5, 1979 ITEM: 1. Minutes of Previous f4eeting OLD BUSINESS 3. North West Pillow (tabled from 2.20.79) (Motion - Moved to 3.19.79 Council meeting) NEW BUSINESS §. Thomas Annexation #2 - Steve Hosac representing, Passed by P&Z 2.12.79 requested 15 minutes to explain their case.. No publication notice has been published. (No action) 5. Golf Course: They will present to Council an outline of their proposed plans. City Administration has not received any paper- work from the Golf Course and subsequently has not been able to fill various legal functions required for a (No action) Conditional Use Permit. fi. Letter from Robert W. Nahas 1:4 & 2. Orville Krasen, Eagle Official-Proposed new Highway route 7. OTHER BUSINESS: (as necessary) Motion that Electrical, Building and Roto Rooter- Request variance Fire Inspectors reviea~ & report to Council 8. Car Lot 804 E. First-Ed Brooks request improvement - (denied as condemned) (per Bldg. Inspector) 9. City Attorney (increase in billing fee to $50.00 per hr.) 1'0. City Building Inspector (none) 12. City Engineer DEPARTMENT REPORTS 11~. Police (none) Fire (none) Public Works (none) Sewer Treatment (none) 13. Administrative Report ~J ~~ Meridian City xall March 5, 1979 The meeting was called to order by Richard Williams, President of the Council. Councilmen present: Marvin Bodine; Grant Kingsford and Joseph Glaisyer Others present: Steven W. Hosac; Gary D. Smith; Roger Welker; Edward Brooks; Vern Schoen; Earl Ward; Larry Scarborough; Marlene Noe; Ted Hanson; Cecil Thomas; Richard Orton Jr; Jerry Deckard; Orval Krasen; Lawrence Rackham; Ronald Spencer; Ronald Davis; M. L. Milhollin Agenda Councilman Kingsford corrected the previous minutes. The refference of Kingsford 1 addressing Ed Bews should have been Bert Smith at two points. The minutes of the previous meeting were approved as corrected. Agenda Orval Krasen, Councilman of Eagle, and the Mayor of Eagle, Jerry Deckard, were present 2 to present information on the State Highway proposal for the new North/South route. Krasen presented a map with four (4) proposals (see evidence). The State computer modeling for the project has problems. They estimated in Ea91e 16,000 autos per day by year 2010. They cannot break the figures down by impact areas, given alternative routes. There is an impact on both Eagle and Meridian. He proposed the cities get more information from the State Highway on details of the proposal. Deckard stated that the study will be finished in June. Construction is 8 or 10 years off. He was concerned that an off-ramp on Eagle road would be postponed. Glaisyer inquired if Deckard preferred one option over the other. River crossings were discussed. The Black Cat Road off-ramp was discussed. Deckard requested someone from the Council be designated as a liaison to work with them on this matter. Williams stated that Glaisyer is the Street Commissioner and that he should get the Chamber involved. Glaisyer stated that he would work on the problem. C11Q North West Pillow (Tabled from 2.20.79) 3 Ted Hansen was present and requested an extension on behalf of legal Councel who needed more time to prepare their response. Glaisyer inquired what the letter received was and stated no one from the City had been contacted. It was clarified that the City has not received any communication on the problem except a letter transmitted 2.2.79. Mr. Hanson stated that the problem was with their attorney and his time scheduling. Schoen stated that there are still violations in addition to the letter (see evidence), and there needs to be a variance from the Code. The Motion was made by Glaisyer and seconded by Kingsford to table the request of North West Pillow until March 19, 1979. Motion carried: Kingsford, yea; Bodine, yea; Glaisyer, yea. Agenda 4 Thomas Annexation #2, Steven Hosac representing. Steve Hosac outlined the property and the proposal. Basically what they are proposing is moving the Church location East. A narrow strip of property needs to be annexed. If this cannot be accomplished they would like to move the Church to the East border. This would require a Conditional Use Permit. The advantage of leaving a large parcel on the corner was outlined. He explained the history of the location. The timing is critical. The L.D.S. Architects are well into the plans. He requested the Council to show an interest in the move. They need to give the Church an answer. Meridian City Hall .2. March 5, 1979 Agenda Thomas Annexation #2 (Cont'd) 4 Williams inquired where the sewer and water lines would be located. It was clarified. The economics of the advantages to the City were outlined. Cecil Thomas stated that the Church wants to be good neighbors. They felt everyone wanted them more to the East and want to help the City. Crookston outlined that they would have to go through the process again because it is a different piece of property. They will have to secure a Conditional Use Permit. Surrounding property was discussed in relation to development. Hosac stated that he felt it would benefit the City. He requested the Council grant a resolution that they will approve the move if they get through the Conditional Use Permit. Williams stated that they could not pre-judge the request but stated the consensus of the Council, that they would look favorably toward a move to the East. The Council agreed. Thomas stated that if they had some assurance that they will not loose their permit, he felt they would consider the move. Williams stated that the first one would not be revoked until the second one is granted. Hosac inquired from Crookston procedural questions for Conditional Use Permits. Crookston clarified the process must include the Planning and Zoning. Agenda Cherry Lane Golf Course. 5 Bert Mitchell was present and requested the Council permit them to operate a Golf Course restauirant until they can get a Conditional Use Permit through Planning and Zoning and the City Council. They have the Health Department approval for the restaurant operation. They will get their Beer and Wine Licenses shortly but they are zoned improperly. They are asking permission to operate the restaurant. Crookston stated that the City has to abide by it's Ordinances. They need a zone change on a Conditional Use Permit, with publications. He explained the procedure. Williams instructed the Clerk to work with Bert Mitchell on the process and publica- tions. Kingsford inquired if the City had the authority to grant a temporary permit. Crookston stated that he was not aware of any way this could be granted. Schoen clarified the house in question was not on City property, it is privately owned. Agenda 6 Williams inquired if everyone had seen the letter from Mr. Nahas. Everyone had seen it. Agenda Roto Rooter: Requesting a variance from the Electrical Code. 7 Larry P.ackham was present representing the request. He stated that it is a garage that they use for storage. It wasn't wired in conduit - the electrician, Ron Lowe, was not aware. the property was in the City. Ron Lowe was present and stated that they were rewiring the structure. They brought it up to a Code they felt was acceptable for the age pf the building. He stated on behalf of Rackham that he felt he was a victim of circumstance on this particular job because of the Electrical Inspector. He felt he was red taged because they spoke out against the Electrical Inspector VonBrethorst. He stated 99% of their red tagged jobs are from him. He explained particular problems with the Inspector. He stated this problem should be ironed out. .3. _h Agenda Roto Rooter (Cont'd) 7 Ron Spencer, partner in Lowe Electric, stated that the service and up to the building is in conduit and in a leyal box. 5. 1979 Bodine stated that it is hard to comment without the State Inspector present. The Code was discussed. Lowe felt they could win in Court. He felt that he no longer wanted a City license. City Licenses were discussed. Crookston stated that the inspector had talked to him and claimed there was a violation of the Code. He red tagged the job, Lowe did not make corrections and Crookston was requested to send a letter. Lowe stated VonBrethorst was a good Inspector but wouldn't work with people. He claimed others had problems. Glaisyer refferenced the trailer setting on the property and stated that it needs to be moved. Rackham stated that the City Ordinance reads it cannot be connected or inhabited, it is stored. The situation was discussed. He outlined security problems. Bodine stated that this did not have to come back before the Council and explained the City needs to back their Inspector until it's proven that the job is not being done. Schoen stated that this is Commercial property not a residential garage. If it is going to be accupied it should have a Building Permit and there is a chance it should not be used. Williams inquired if Schoen would meet with the Electrical Inspector and Fire- Marshal and review the site and report back to the Council. Schoen stated that he would. Williams stated the situation will be reviewed. The Motion was made by Bodine and seconded by Kingsford that the Electrical Inspector, Building Inspector Schoen and Fire Marshal Voss meet, review the building and report back to the Council. Lowe inquired abdut their Electrical License and why they needed to come before the Council. Joy explained because there were unanswered questions and needed direction. Glaisyer stated that he would review the situation and inform the Clerk on what action to take. Motion carried: Kingsford, yea; Bodine, yea; Glaisyer, yea. Agenda Ed Brooks was present and stated that the Car Lot at 804 East First is his and he 8 wants to paint, clean, panel, instal new doors, etc. to clean the area up. Schoen stated the building is very close to being condemned and had so informed Mr. Brooks. It is not wise to remodel because the Code is severe and he wouldn't be able to do it. Mr. Brooks stated that he did not realize the condition of the building. He has made arrangements to lease the building. He wants to clean it up. Williams stated that he would need a building permit and at that time it would have to come up to Code. Schoen stated that all he should be allowed to do is paint the building. Williams instructed Mr. Brooks to get with Schoen to determine what he could do to the structure. Meridian City Council .4. March 5 1979 Agenda CONSULTANT REPORTS 9 City Attorney Crookston explained their billing and stated fees increased to $50.00 per hour. He also explained the bill. The Water Ordinance was discussed. Williams read proposed Ordinance 337. Kingsford inquired how this fits with the latest court rulings. Agenda Inspector Schoen reported things are beginning to move. 10 Agenda 11 The Police Chief, Fire Chief and Superintendent Ward had nothing to report. Agenda 12 Engineering was reported by Gary Smith. Pay Estimate Number 8, Boise River Outfall, Pumping Station Schedule for $2,350.44. The Motion was made by Bodine and seconded by Kingsford to allow Pay Estimate #8, Boise River Outfall, ~DVY ,Construction from January 26, 1979 to February 20, 1979 in the amount of $2,350.44. Motion carried: Kingsford, yea; Glaisyer, yea; Bodine, yea. The Motion was made by Bodine and seconded by Kingsford to allow Pay Estimate Number 15 Waste Water Treatment Plant, DVY Construction, from December 20, 1978 to February 20, 1979, in the amount of $38,847.49. Motion carried: Kingsford, yea; Glaisyer, yea; Bodine, yea; Williams inquired on the status of the time extension. Smith explained the status and they are monitoring the situation. Bodine inquired why they are so slow, Smith stated that this will have to be looked at as far as the time extension is concerned. They feel the Contractors could have started sooner. North American worked through a muddy season. Smith reported that they had a final inspection for the Control Building. A list has been prepared on items that need looked after. DEPARTMENTAL REPORTS Agenda Williams reported on public meetings that are coming up. 13 Glaisyer stated that the City and County should confer over matters of concern to both units in the near future to resolve the impact area questions. The Clerk reported he had contacted Chairman Bermeosolo with the request. He was referred to Kris Korte, who will be contacting the City to work on the problems in the Impact Area. Williams referenced the recent number of rezone requests. He clarified the City's position. He reported on the last Commissioners Meeting and the need for City representation at the hearings. OTHER BUSINESS Agenda The property on Franklin of Roselli and others was discussed. 14 Williams stated that those at the recent hearing told untruths concerning City Policy. Problems like this continually crop up. Williams outlined the Commissioners position on the businesses South of Meridian, as out of Meridian's influence. They have decided what areas are to be negotiated. Williams stated that the main point is that they have made a decision in a vacuum. Glaisyer stated a legal opinion may be in order. ..,:~...~_. J Meridian City Hall .5. March 5, 1979 Agenda OTf1fR BCSINESS' (Cont'd) 14 Mayor Deckard of Eagle requested clarification from Williams. Williams stated that they indicated. the one mile boundary is not an area of negotiation. Deckard inquired if the City had submitted boundary criteria to the County. It was clarified. Deckard recommended the City send a letter indicating this is unacceptable. Williams clarified it appears they have done this with everyone. The situation was discussed. Deckard stated all cities should be contacted and a meeting held. Alternatives available to small cities was discussed. The Motion was made by Kingsford to adjourn, seconded by Bodine. Motion carried: Kingsford, yea; Glaisyer, yea; Bodine, yea. APP ~~.~~~ Richard Williams, President of the Council Attest: ~Gtt ~ o / City Clerk C cc: Mayor & Council; P&Z Commission;Pat Joy;Bruce Stuart;Police Chief; Earl Ward;Vern Schoen;Fire Chief ;J-U-B Engineers ;Ann Kiebert; AIC;APA;ACHD;Ada Commissioners;Ada Zoning Director;Central Health; Nampa-Meridian Irrigation;Gus Hein;Bower's 2nd Add (N/W Pillow); Thomas Annex #2;Cherry Lane Golf Course;Bowne W. Franklin (Roto)r Amended Plat of Original Meridian Townsite (Car Lot); Boise River Outfall Files --~ ~ 1-80N TO MESA ~ HIGHWAY FEASIBILITY STUDY AREA li N ., l MEA~ .~ / A D A' M S I 1 ~'--- ~ I . ~' ' J • I COUNC/L j , ~ ~ MESA / ! ~- ~~~ . CAMB~V/OGE I I ALLEY / r `.~, , ~ E V ~ I W A T S H I N G r O • N l ~ ~ e I ~ ~ r '/' ._ i I r 1, / i i 5 .~ J ~ ~ B ~_ / ~ --- i I _ GOLOW! I 1.CANY ' ~\ .' i ~ BavsESNLaE I BEND LEGElm ~~ Eabfilq Hglrpa _ ~___ \ -- ANwnoNru - M2rY~T EAGLE ,\ , STAG ~ EanA `\ Blx 1 G7A49PiLY N C I ~ ,~ A D A i B O I S E ,-_ -_ I VALLEY cav~Ltr ~~, I BANKS 4 Y E T T E _. ..J ~ f j ' ~ L. i. J.. ~ 9i-S. ,, . , 3 r. ~P~~~~ ~~ ~ ~1.~.~y~ ~~~ ~ PUBLIC INFORMATION MEETING ON I-80N TO MESA PRO~AL Project ST-3331(501), February 28, 1979 Boise, Idaho NAME Address City Representing The purpose of this meeting is to involve interested citizens directly in the process of locating and evaluating suggested roadway corridors. The Idaho Division of Highways would like your opinions. Your answers will. t help to determine what problems exist and how they may best be solved. Please (till in any portion of the questionnaire that you feel may be helpful. • Which combinations of the proposed corridors would you most favor? What problems do you see with the proposed corridors? • Are there any areas that you feel should be avoided by the proposed corridors? If so, please explain where and why. Draw on the attached map if you wish. • Should other corridors be considered in the area? If so, please explain where. Indicate them on the attached map. • If you are opposed to the project, please give your reasons. To expand on your above comments, or to make additional ones, please use the space below and that on the other side of the sheet. (over) 0 r:{ .. , e • TERENCE J. VAMADA WILLIAM C. DONOVAN, III MARK A. VATES JAMES fl. THOMPSON ERNEST A. HOIDAL OF COUNSEL. MICHAEL. G. PIERCE March 2, 1979 Raymond L. Voss Fire Marshall Vernon Schoen Building Inspector City of Meridian 728 Meridian Street Meridian, Idaho 83642 FIFTEENTH FLOOR. IDAHO FIRST PLAZA 101 SOUTH CAPITOL BOULEVARD BOISE, IDAHO 83702 PHONE (20B) 33G]0]0 HAND DELIVERED re: Building and Property located at 140 E. Bower Street Gentlemen: As I have previously advised you, our law firm represents the interests of Northwest Pillow Products, Inc. in regard to the above referenced matter. At the last meeting of the City Council, I advised them that my client would present a workable plan in order to meet the spirit of the requirements set forth by each of you in your correspondences dated February 5 and 6, 1979. This document contains our proposal. BACKGROUND The property is located within the City of Meridian and has gone through numerous uses. The use presently contemplated is for furniture manufacturing. It has always been the intent of the City of Meridian to foster and encourage the expansion of the City's growth and prosperity. This use would provide "local" jobs for Meridian residents and I believe all parties would admit it to be in the best interests of the City. The question then arises, what must be done to make the use safe for person(s) and property. As Fire Marshall and Building Inspector, each of you are required to enforce the whole of the ordinances which regulate your various areas of expertise. The Uniform Fire Code, the Life Safety Code and the Uniform Building Code all recognize that the spirit of the individual codes may be upheld, without exacting compliance to the letter of the code (see UFC 1-214 et seq., LSC 1-4.2.1 et seq. and UBC 1.217). It is therefore YAMADA, DOIYOVAIY & YATES ~ , '` CHARTERED ATTORNEYS AND COUNSELORS AT LAW ~~ F!n%l.` tl~~ ' Raymo~ L. Voss • Vernon Schoen -March 2, 1979 Page two in this spirit and within the confines of the above codes we make the following requests for variance. PRnPnSAT, The owner shall comply with the strict letter of the code in the following areas: 1. Secure a building permit; 2. Not use the upstairs as offices; 3. Install emergency lighting; 4. Mark exits and provide sufficient exits which meet code requirements; 5. Bring dust collector and vents from sanders up to code; 6. Provide one (1) hour fire rated wall for offices; 7. Eliminate stairs to upstairs or bring them up to code; and 8. Bring drying room up to code. The owner proposes the following variances to those strict letter of the code requirements. These variances meet the spirit of the code. It should be noted that the proposals are offered in that strict compliance with the code is financially unrealistic and the alternatives proposed shall provide adequate safety. 1. Paint Booth Certification: The paint booth was constructed in California and meets that state's requirements as well as the federal OSHA requirements. Documentation will be provided to substantiate this. This we believe is sufficient verification of its safety. 2. E~cterior Wall: The exterior wall which requires a four (4) hour fire rating will be brought up to code when another building is constructed next to this structure. This Agreement shall be memorialized by a covenant with the City which shall be recorded and run with the land. 3. Fire Extinguishment: Fire extinguishers shall be provided at or near each piece of equipment, in each office and located in strategic positions throughout the building. 4. Restrooms: The number of employees working in the building shall be approximately four (4). One (1) restroom is sufficient to meet their needs which shall be brought up to code. Raymo~ L. Voss Vernon Schoen March 2, 1979 Page three I trust the proposals shall meet your approval and within your discretion work will be allowed to continue. My client is presently suffering severe economic hardship as a result of the stoppage and in addition has already invested many thousands of dollars in the building. In the event this proposal is not acceptable (I shall phone to determine the same today), we shall bring the matter before the City Council. Thank you for your cooperation in this matter. If you have any questions or comments, please do not hesitate to contact me. i am always Sincerely yours, YA Ljh, DONO N & YATES, Ctd. Ii ~._"_ ~'~~~ ~ ~~ G~~ LLIAM C. DONO ~; II WCD:rtf cc: Northwest Pillow Products, Inc.