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1980 12-15t A G E N D A MERIDIAN CITY COUNCIL December 15, 1980 ITEM: Minutes of previous meeting approved as read. 1. Joe Osier Conditional Use Hearing for Office - Meridian Park - 1332 Darrah St. - Approved. 2. BSU - Approved concept of BSU Wastewater Training School obtaining the old sewer plant facility, located on NW 8th St. and to instruct the City Attorney to draw up agreements. 3. Settlers Village Final - Norus Annexation - Approved. 4. Cope Auto Repair 5. Cherry Lane Golf Course - Engineering 6. Housing Strategy 7. Other Business 8. Appointment of Planning & Zoning Members 9. Roger Sherwin, Chief of Police Resignation 10. Engineering Report 11. Amended Ordinance #375 - Health & Sanitation -Approved. Ordinance #383 - Vacation of Settlers Village - Approved. I Meridian Citv Hall December 15, 1980 Regular meeting called to order by Mayor Joseph L. Glaisyer at 7:33 p.m. Councilmen present: Richard Williams, Grant Kingsford, Bill Brewer and Rick Orton Jr. Others present: Earl Ward, James Felton, Bruce Stuart, Glen Linder, Roger Welker, Joe Osier, Bill 61ankinship, Don Hubble, Coenraad Abas, Paul Quona, Betty Bischoff, R. D. Bischoff, Arch Merhrhoff, Dave Lewis,Gerald Cope, Gary D. Smith, Ray Sotero, Alan Jones Minutes of previous meeting were approved as read. Agenda 1 Hearing - Conditional Use for Sales Office, 1332 Darrah Dr., Meridian Park Joe Osier addressed the Council to request the use of the garage as a sales office, located t_ot 15, Block 4, of Peridian Park fora period of three years to market that property. Mayor: "Any questions from the Council of Joe?" There were no questions. The Motion was made by Orton and seconded by Kingsford to allow the sales office Conditional Use located at 1332 Darrah Dr. as recommended by Planning and Zoning. for a three year period. Piotiom Carriedi Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Mayor: "Any public comment?" Engineer Smith: "Mr. Mayor, we have been having problems making connections with Roy Johnson to get a final inspection on sewer system." Waste Water Superintendent Ward: "The service connection markers have to be resolved." The system has not formally been accepted by the City." Osier: "This is what he (Johnson) is working on now." Orton: "No building permits should be issued until the system is formally accepted." Agenda 2 BSU - James Felton James Felton, Boise State University School of Technology was present. Felton: "We have been using your old wastewater facility (N.W. 8th St.) as a training site for our students in the wastewater program and you people have indicated to us an essential interest of furthering and upgrading the facility, We are here to talk to you about the facility and expanded use of it - the possibility of building a state training center on the property. I`m here to entertain any questions. We have discussed this with Mr. Ward, Superintendent, and are currently using the facility now as part of our training." I~lilliams: "About a year and a half ago Joe, when we were finalizing the new sewage treatment facility the question was regarding the old treatment facility on N. W. 8th St. At that time we tentatively discussed tearing it down, what the cost would be, rehabili- tating in some fashion, as some of our alternatives. Earl at that point of time suggested we contact BSU because they do have an on going water and wastewater treatment school in the vo-tech program. At that time we talked with Jim regarding the possiblity of rehabilitating so it could be used as a state training program facility. Recently, we did offer the use of the old facility to the school on a temporary basis. After further dicussion with them, (BSU), there may be an interest in mutual beneficial use of that old plant - one, we don`t have to spend money to tear it down, there is seven acres of land out there. And two, the University school could use that facility and do some rehabilitation to make it into a good training facility,~the minimum out lay cost to the taxoayers or the State of Idaho and the City of Peridian. Also with that, the school would have approximately 7.O students that would in a sense bring a small business into the City; lunch, shopping, for the economic part. The way Earl and I, and some of the other Council rnembers, have dicussed would be to deed a parcel of that land over to.. BSU so that they could rehabilitate the existing facility into a training facility and build a classroom on the land so they would have available to them, Federal f'~_ Funds as the stipulation is that the land be deeded to them. In talking to the Attorney, /~ Meridian City Hall 2. December 15, 1980 we could deed that land to BSU, approximately an acre with the reversion clause that if it was used for anything other than a training facility for the water/ wastewater treatment, that the land ownership would revert back to the City of Meridian." Orton: "There was an offer made by BSU to get involved in non-capital expense item in regards to the park grounds surrounding that. I think if we do go ahead and give you a deed, which sounds to be a good idea,I would like you to detail in there what would be available for the park. As Parks Commissioner, if we do oroceed with the park down there, we will make the best use out of your resources." Williams: (Addressing Ken Montee and Roger Allen, Meadow View #2) "In that area where the old sewage facilities, the idea is to make the land, make that into a Park, remove the sludge beds - cutting one of those trickling filters in half and moving the chain link fence to enclose the treatment facility with a new building being out right on the corner of NW 8th and make the rest of it into a neighborhood park. If we did that we would ask you if we could have an access, a walkway, along one of those lots perhaps to that park. This would make it available to the whole neighborhood." Montee: "tlhat kind of odor would there be?" Williams: "They would just process water - there would be no actual processing, instead of sewage they would use water in training." Williams: "They would landscape that to provide an esthetic effect and they do have a vo-tech program as landscaping for the design of the park and of the plant." Crookston: "Where does the water come from?" Felton: "There is a well on the NE corner." Orton: "And that would become their well and they would hookup, pay the power, and if they hookup to domestic water they would pay their water and sewer bill?" Williams: "Yes.- We would have the same policy as with Meridian School District." Mayor: "What action do you recommend Dick?" Williams: "I would recommend that we have Council approval of this action, so we could start the legal mechanism in order to provide this deed. The rehabilitation of the plant and the design of the park would all be subject to Council review." Kingsford: "I think we should recommend that the Legal Council draw up an agreement and not approve until we see the finished agreement." Felton: "We still have to, even if you offer us the property and agreement, etc., go through our administration and possibly to the State Board of Education because we already now have an approved site.' I feel we have to take the agreement, the Council's backing, to our administration Dr. Kiser, Dr. Helas and in turn if we have to go to the State Board Meeting would be in February." The Motion was made by Williams and seconded by Brewer to approve the concept of BSU Wastewater Training School obtaining the old sewer plant facility located on NW 8th St. and to instruct the City Attorney to draw up agreements. Motion Carried; Williams, yea; Kingsford, yea, Brewer, yea; Orton, yea, Agenda 3 Settlers Village Final Plat. Bill Blankinship and Dan Hubble were present to request approval of Final Plat, Settlers Village,Norus Annexation. Final Plat was approved 6y Planning & Zoning on December 8, 1980. Maps were displayed. Blankinship: "This is the same as Preliminary Plat, except we have boundary changes, we had some land we gave to Curtis, (West Boundary) and Doris Subdivision boundaries re- solved to the east, and Harmon to the north. This does reflect new boundaries slightly, like 6 or ., 7° feet. Streets are in, so remained the same. It gave us a little different width in our lots - the lots are the only significant change, we had to broaden lots out to give us the square footage. The plat at this time is ready for record." Mayor: "Bill, have you got the correct legal boundaries?" Blankinship: "Yes sir, we have the correct. We have agreed on legal boundaries with all the adjacent boundary owners and we now have deeds or ayreements which we have given American Title for recording, which formalizes the boundaries." ~.,:.:w,w~>..~.„. • i _ Meridian City Hall 3. December 15, 1960 Williams: "I was called by one of the adjacent property owners, R1r. Curtis, - did you get that resolved?" Blankinship: "As far as I know, he was actually given property. It has been done, yes, it has been agreed to. We are putting up a new fence." There was discussion concerning the street cut to satisfy Curtis. Curtis wants the 6 _ feet of street removed from his property. Williams states this was a problem between property owners. Works Superintendent Stuart: "I haven't seen the water system since they have redone it." Blankinship: "We will bring that to you Bruce, its just exactly as what we agreed upon.' Oh the water and sewer, our contention was not to reconstruct the sub, but to utilize what'sthere. We are going to have to add a number of water meters, water lines at directly out at the end of line, or the City's responsibility, and branch out from there water meters to individual users and we actually have it ready." Engineer Smith: "I need to look at the development drawings for sewer and water, get Bruce and Earl's comments, and back to Don to get squared away." Fire Chief Welker: "I can't get the water pressure problem ironed out unless something is done so we won't have to use that well, in case there is a fire in there and we have a break in their line. If we have a fire out there, the mains won't hold the pressure:' Orton: "That situation is normally unlikely. Gary, I'll ask you to do this tomorrow - all back to Bruce and Roger - check the shut off head in those pumps and see if they would cause any problems in those lines. A pump will quit pumping before that pressure develops." Welker and Blankinship dis~cussesl access around units. The Motion was made by Orton and seconded by Williams to accept the Final Plat for Settlers Village. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 4 Cope Auto Repair - Locust Grove Industrial Park Mayor: "Wayne, do you have any comments?" Attorney Crookston: "There now appears to be some problem with whether or not that annexation was adjacent to the City of Meridian. I have not talked to Mr. Cope's attorney about that particular problem.' His attorney was going to get back to me to find out what Cope wanted to do - he hasn't done that. So there is still doubt in my mind as to whether we have a valid annexation. Adjacency problem, I think the City could legally adopt, or legally go ahead and annex that property because its been broken in five acre parcels or less. Now the problem is whether or not it'.s even adjacent." Mayor: "We know that it's not contiguous right now - there's a strip starting about 50 feet and narrowing down." Williams: "If that':s the case, they have to sign the annexation request." Crookston: "A railroad right-of-way can be annexed without the railroad's content. That's specific in the statute. We have to go through a re-annexation." Williams: "Which means all the new property owners have to agree to the annexation." Kingsford: "What about the fact he, (Cope ), hadn't approached annexation originally?" Crookston: "Mr. Cope may not have been the owner of record at that time of application." Williams: "What about the school district?'" Crookston: "The school district just recently sent a letter to the city that they go along with the annexation, but it wasn't done at that time." Meridian City Nall 4 December 15 1980 Mayor: "You are suggesting we start over?" Cope: "I have no objection to the City - I would just as soon be on the City." Mayor: "One of the problems that was discussed at previous Council meetings was the septic tank, you would have to have a Conditional Use Permit, and you have had from Ada County, permission prior to be annexed.- 'Does that give Mr. Cope Grandfather rights?" Crookston: "I think that. would, so long as the septic tank was there and in use lawfully under the County ordinances." Orton: "I think he had the permit to put it in, but had not built it yet." Williams: "Do you have anthing out there now?" Cope: "Just fence." Williams: "You don't have any septic tank in right now?" Cope: "Just our approval." Crookston: "I would think as long as he had a permit - he's still in the County now." Kingsford: "You are saying officially, he is still in the County as of this moment and'ttiey:he going to have to go through the process of a_tota} reRannexation?" Crookston: "I think the annexation is void." Mayor: "I`m sorry you have to do that but if we are going to do an annexation it better be done right. I assume, Mr. Stokes will be reapplying for annexation, is there any reason from the Council at that time deny it?° Kingsford: "One thing I`m thinking about is the possiblity of him getting sewer and water out there - I understand there is a substantial problem of doing that:" Mayor: "There won't be any building permits issued out there other than Mr, Coae's, as far as I'm concerned." Orton: "That's the way I feel. We have to get a thorough understanding on when that water and sewer is going to be in, in relation to develpment, because that is his problem. If that wouldn't have come up we would have never found out we didn't have legal annexation." Williams: "I think the School District and Mr. Cope are in a gray area or in between. Ithink wecanaccommodate those people, and I would like to see us do that - I would not want to make it a general policy." Smith: "The tie that is necessary here for those people to have sewer and water is of course, development of Bews Industrial Park. I haven't heard anything positive on that development - it's hard to say when something would take place in the Locust Grove Industrial Park." Mayor; If somthing comes up later with a latecomers charge, or somthing of that nature, then maybe we can go ahead and proceed nrior to Smith R Bews, pick up the bill on Smith-Bews later and pay them back." Cope: "Where am I at - if I wait for the City or do you advise me to sewer with the County?" Mayor: I would advise you to at least notify the County, ask them how long they anticipate it would take you to get a building permit.' We will go ahead with the annexation, you are still going to have to have a Conditional UsE~and a public hearing because of your business. If everything goes right, it would take about a month and a half to be in the City." Brewer; "As far as his sewer and water problem, I can't see any advantage In wanting on the City - i't could be annexed at any future date," Mayor: "I think Gerald's problem is the weather - you're trying to get some concrete in?" Cope: "Yes." Meridian Cit December Piayor: "But that will be up to you to make a decision which way you want to go, we will go ahead and proceed. Just check with City Clerk about a Conditional Use application." Agenda 5 Engineering/Cherry Lane Golf Course Engineer Smith: "We received a drawing from the Engineer to repair and make modifi- cations to that small lagoon system from which the sprinkler system was to draw its water in the seasons of the year when water is not existing in irrigation ditches. I made some comments on the drawings and sent it over to City Clerk so she could cir- culate it to all of you for your review. Basically this is where I left it. A letter did accompany the drawing and they stated the work would be done as soon as practical. Basically what they are proposing, if you looked at that drawing, is a 2 inch drain rock installation that would form a spillway, so to speak, and >'t'.s depressed approx- imately 6 inches below the crest of the existing dike. The rock would be installed on the top of the dike and on the small lagoon side of the dike with an approximate 4 feet long into the pond bottom. My concern was the size of the rock relating back to its stability and the thickness of the rock layer. I don't know what velocity the water would have as it cascaded over that dike, but the size of rock should be large enough that there would be no washing action at all. It wouldn't be a high type of maintenance - it could be placed in there at left so the water could run in there each year and they wouldn't have any problems." Kingsford: "What was their objection to cement?" Smith: "I don't know that they have any, I didn't address anything back to them directly. One of my comments on the drawing is that it should be a more permanent type installation which relates back to concrete or gunite." Mayor: "Are you recommending their design or you recommending to tell them to do something?" Smith: "Right now I'm just recommending that the design is not substantial enough as far as I'm concerned.- Personally I would like to see a concrete spillway. The only thing that could effect concrete is frost ~ with a small amount of reinforce- ment would pick it up and put it down in total one piece." Kingsford: "You and I discussed at one time at having a gate there and utilization of the extra water that's in the bigger part of the pond.. Is that not feasible?" Smith: "I think it's feasible all right, its just a matter of access to the gate. From where that existing depression is, I think its about halfway on N/S direction." Kingsford: "Seems like it would be a lot cheaper and just as effective if you could utilize the water." Smith: "They could install a pipe large enough to transmit the same amount of flow that is coming in the irrigation ditch so there wouldn't be a back water built up.!` Kingsford: "The gate coming out of the main ditch. looks like 18 inches.." Mayor: "Any more comments from the Council?" There was none. "Notify Gene Wright that it is not acceptable." Smith: "I will make a recommendation to him based upon our conversation this evening." Agenda 6 Housing Strategy Mayor: "Per your (Council) instructions,I have written up two options for your review and adoption - this would be an interim policy or an ordinance until such time as our Subdivision and Development Ordinances are completed." The options for minimum square footage of homes were discussed. Tape on file with City Clerk. Meridian City Hall 6. December 15, 1980 Ken Montee and Roger Allen, Meadow View Sub #2 were present for input concerning the options. Allen: "If the City were to adopt either option, the restrictive covenants would be re-recorded on the developer to reflect that and they could also have a statement in there which their covenants would state or as directed by City Ordinance, so even though the square footage is higher or lower than when adopted, it would automatically come into effect - because that would be the Ordinance effecting the subdivision." Crookston: "The Ordinance can read one thing, and so long as the are not less restrictive than the Ordinance - they can say almost ordinances are going to apply, if they are approved under interim have the rights right there whether the Council goes up or down. subdivision, or have approved, to build under that interim Ordinal they stay with." restrictive covenants anything. But interim ordinance - they If you allow a ice, thats the one The Motion was made by Williams and seconded by Brewer to approve the interim policy with the recommendations made by Mr. Roger Allen, eliminate Item A, on Option I 5%; Change A to 1000, B to 1100, C to 1200, D to 1300 or larger; and each subdivision be approved on an individual basis until the Final Ordinance is established; that the City Attorney draw up this Interim Policy. Mayor: "Any subdivision that does not come back in to the Council with amended covenants, as far as we (City) are concered, he is still bound by his original covenants." Mayor: "The motion has been made any questions?" Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Proposed Option is as follows: Interim Housing Regulations 1. All new housing built in Meridian shall comply with the most current edition of the Department of Housing and Urban Development Minimum Property Standards and the Uniform Building Code, standards of County and State regulatory agencies and City Ordinances and Policies in effect. 2. All new housing developments in Meridian shall be designed to insure compati- bility`.wt6>ad~acent.,existing andor propdsed developments. 3. The minimum dwelling sizes are established as follows: A. Not more than 10% of the homes can be less than 1000 to 1099 square feet. B. Not more than 20% of the homes can be less than 1100 to 1199 square feet. C. Not more than 40% of the homes can be less than 1200 to 1299 square feet. D. All other. homes or 30% shall be 1300 square feet or larger. 4. All building shall be interspread uniformly throughout the development. 5. The percentage amount established shall be rounded down in the event an odd number should prevail. 6. It is the responsibility of each developer to amend his plat and or convenants to reflect the-change in housing strategy for the City of P"eridian. This change .must be of'.record'.w'tth the. C3fy'of'Meridian. 7. It is the responsibility of each developer to provide the City of Meridian written or noted percentages and the exact number of dwelling sizes on both the preliminary and final plat. 8. Any new housing development in Meridian shall be subject to design review to insure that the proposed housing units are within an established area of community housing needs as defined by the Meridian City Housing Plan which includes the HUD Housing Inventory and Housing Coals and the objectives of the Meridian Comprehensive Plan. Meridian City Hall 7. December 15 1980 Agenda 7 Other Business Mayor: "Is there anyone in the public that wishes to discuss anything before the Council moves on to other business?" Orton: "I see Mr. Quong is here. Do you have any questions?" Quong: "I thought we were going to have a hearing?" Orton: "Since our attorney has not reviewed the agreement,there probably isn't any purposeful discussion we can have at the meeting." Mayor: "Not as far as I'm concerned, until we can get recommendations." Agenda 8 Appointment of Planning and Zoning Members Mayor: "I would like to appoint three members to the Planning and Zoning Commission. I appoint Lee Mitchell to a two year term; Burl Pipkin to a four year term; and Don Sharp to a six year term." The Motion was made by Williams and seconded by Kingsford to appoint Lee Mitchell to a two year term; Burl Pipkin to a four year term; and Don Sharp to a six year term. h1otion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 9 Roger Sherwin, Chief of Police Resignation hlayor Glaisyer read letter of resignation of December 8, 1980, and accepted this resignation. He stated that he and the Police Commissioner will accept applications after the first of the year." Agenda 10 Engineering: Smith presented two bills and recommended payment. The Motion was made by lilliams and seconded by Kingsford that the bill from H-K Contractors, Inc. for installation of sewer line on Chateau Ave. in Meadow View #2 in the amount of $4,212.50 be paid. Motion Carried: William, yea; Kingsford, yea; Brewer, yea; Orton, yea. The Motion was made by Williams and seconded by Kingsford that payment be made to Ted R. Brown and Associates for the packer stack from the construction fund in the amount of $559 - - this being a project deductible amount being withheld from DVY Construction. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 11 Other Business: hlayor Glaisyer read Amended Ordinance #375 entitled: AN ORDINANCE AMENDING TITLE VII, CHAPTER 3, ENTITLED HEALTH AND SANITATION OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BY COP,RECTING A MIS- SPELLED WORD AND ELIMINATING THE WORD SEWER FROM THE BODY OF SECTION 7-312 ENTITLED METHOD OF COLLECTION. The mayor called for anyone requesting Amended Ordinance #375 to be read in full. There was no request. 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 ordinances be read on three different days, be dispensed with and that Amended Ordinance Number 375, as read, be passed and approved. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Deridian City Hall .8. December 15, 1980 The mayor read Ordinance #383 entitled: AN ORDINANCE VACATING SETTLERS VILLAGE SUBDIVISION, FILED FOR RECORD IN BOOK 45 OF PLATS AT PAGES 3697 AND 3698, RECORDS OF ADA COUNTY, STATE OF IDAHO. Mayor Glaisyer called for anyone requesting Ordinance #383 to be read in full. There was no request. The Motion was made by Orton and seconded by Brewer that the rules and provisions of 50-9002 and all rules and provisions requiring that ordinances be read on three different days, be dispensed with and that Ordinance Number 383, as read, be passed and approved. Motion Carried: Williams, ,yea; Kingsford, yea; Brewer, yea; Orton, yea. Orton announced that the City will have boy scouts undertake three more projects in the park, all within funds available and will start this Spring. The Motion was made by Orton and seconded by Brewer that the meeting be adjourned at 9:05 p.m. 41otion Carried: Williams, yea; Ki yea; Brewer, yea; Orton, yea. ~1 ~ C~ Clerk '~ c: Mayor Council Clerk Treasurer Pi;Z Hein Attorney Bruce Vern Earl J-U-B Fire Chief Ada County Commissioners ACRD Ada County Zoning Director APA AIC Central District Health Nampa-Meridian Irrigation Ray Sotero Valley News r~~ t '~~~4: f s'a wll~C '.. ,.. ` and shall;read aa;ig3lavs.i 7-322 ~ l'~l fXlLY,SL"PlOlls'a lash 11~;i1 k~' ~~- ~:.A ~ ' E ,~.#at t~ tssl.'~ paid ,bp tha•~sa~mer o! .~ ~ -- ~ the aaAitaSry-ssr~+iod~. sgsEfr~u. "fief s~~l 3~s .vied' ~t- "t~a•~af ' tie aa~wsh~,lf b~ Bard ,vith ~:t~s w :acid .sawetr b1~.3s^ rnd , and the• itatst a~ Sf~i[ss'. ~a~t!'L'ai~ts .irs11 axi ~~i ;?&D , ~ ~l r i #! th M" t ~ ~' ~~` ' ~: ~ . e at~ rw: rsnF a j dal;- ~r c ae3 .M c . 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'"' a ~~ ~; .~ :. .. •': . ~~~~-~- '' ~e s n f n r,r'~F~+kr.., ~f ~~~~ ~ ~ ~ ~ ._, ; , ORDINANCE NO. AN OPDINANCE VACATING SETTLERS VILLAGE SUBDIVISION, FILED FOR RECGRD IN BOOK 45 OF PLATS AT PAGES 3697 AID?D 3698, P.ECORDS OF ADA COCiNTY, STATE OF IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that i.t is in the best interest of said City to vacate the Plat of Settlers Village Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE ^1AYOR AND CITY COI'NCIL OF THE CITY OF ME?2IDIAN, ADA COL?^?TY, IDAHO: Section 1. That pursuant to Section 50-1306P, specifically, and Title 50, Chapter )_3, Idaho Code, generally, the City of P~eridian, having held the required hearing and it appearing that proper notice of said hearinn was given, hereby vacates Settlers Subdivision according to the official plat thereof filed in Book of Plats at Pages 3697 and 3693, records of Ada County, State of Idaho, described below: A portion of the S 1/2 SE 1/4, Section 6, T. 3.1., R. lE., B,I~?., recorded as the "Settlers Village Subdivision" plat at page 3697--u, Book n5, Book of Plats, records of A.da County, Idaho. AMBROSE. FlTZGERALO, CROOKSTON A McLAM Allorneys entl Counmlo*a P.O. Boy 12~ " Matltllan, Itlaho ,15 ~, 838'2 TelaDhone 88B~M81 Section 2. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be i_n force from and after its passage, approval and publica- tion as required by law. PASSED by the City Council and aporoved by the mayor of the City of leridian, Ada County, Idaho, this _~~~ day o:E ~!pp.. 1980.