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1980 10-20 A G E N D A Meridian City Council October 20, 1980 ITEM: Correction of minutes of September 15th, 1980 - Page 5, Agenda 7: "then the City Engineer changed it to 16' sewer easement for the final." "Ward stated that the easement was nee'ded." Minutes of the previous meeting were approved as read. 1. Matlock Day Care Conditional Use - 805 W. 4th St. - Approved. 2. Meridian Boat Building - Council approval or disapproval of automotive ti re shop. Approved. 3. Arnold Annexation - Industrial - 2025 W. Pine - Hearing Appeal - Taken under advisement until any future potential users come before the Council. 4. Fence variance - 662-694 W. Idaho, Gem Estates - Approved. 5. Reynold Schenck Variance - NE corner of Franklin and Meridian St. Tabled. 6. Hearing - Ordinance removing restriction of zoning member. 7. Ordinance #381 - P&Z Member to be selected within the Area of Impact. Approved. 8. Proclamation of Don Roberts Day - 10-28-80. 9. Pretermination Hearing - Water/Sewer/Trash delinquencies. 10. Audit EDA - $1,216.87 - Approved. Transfer of funds from 25 account to construction account - $3,325.00 Approved. 11. Race Track Parking. 12. Engineering - Approved payment to Neptune Microfloc, Inc. for - $434.43. 13. Other Business. Hall October 20 Regular meeting called to order at 7:30 p.m. by Mayor Joseph L. Glaisyer. Councilmen present: Richard Williams, Grant Kingsford, Bill Brewer, Riek Orton Jr. Others attending: Bruce Stuart, Linda Funaiole, Therese' Johnston, Roger Sherwin, Steve Gratton, Thea Matlock, Donna L Day, Susan C. Scott, Ronald J. Alvey, Roger Welker, Gary D. Smith, Patsy Leach, Howard R. Foley, Sam A. Romans, Lee R. Stucker, Guandolyn J. Arnold, Betty 6rackus, Dave O'Leary, Sally O'Leary, Laura Connor;- Bill Taylor. The Motion was made by Williams and seconded by Kingsford to correct the regular meeting minutes of September 15th, 1980 as follows: Page 5, Agenda 7: "then the City Engineer changed it to 16' sewer easement for the Final." "Ward stated that the easement was needed." Motion Carried: Williams, yea, Kingsford, yea, Brewer, yea, Orton, yea. Agenda 1 Minutes of the previous meeting of October 6, 1980 were approved as read. Matlock Day Care Center Conditional Use Hearing - located at 805 W. 4th St. Thea Matlock was present to request a day care center for up to ten (10) children. She has license applications from the State. Matlock stated, "I have taken care of the screen around the stove and installed a smoke alarm." Mayor: "Any questions .from the Council?" Kingsford: "Is this your current address?" Matlock: "Yes." Kingsford: "Have you seen the Highway District's comments?" Matlock: "No I haven't, they called me week ago Friday and I am supposed to have a side- walk and curb, which I have no way of putting in - the children don't use it as they are inside my home and yard." Williams: "The comments of the Highway District are well taken, but I think this time it would be a little far fetched for what is going to happen there." Kingsford: "I'm not sure they might have thought this would be a new building." Williams: "This may be true." The Motion was made by Orton and seconded by Brewer that the Matlock Day Care Center Conditional Use Permit located at 805 W. 4th St., be approved as presented. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 2 Meridian Boat Building - Automotive Use Sam A. Romans, Frontier Oil, presented sketch drawings of proposed conversion of the former Meridian Boat Building, located on the corner of W. Ada and E. 1st, to a Goodyear franchise. Romans stated, "there will be no mechanical done in this, it will strictly be the changing and franchise of tires. The outside will be radio controlled trucks, service to farms and also commercial farms. I understand that there was a problem with citizens not having a walkway or sidewalk and the former owner parking boats to the street. There was an old gas pump island when Mr. Bodine was there and I think we will make a planter or may need this area for parking. We would remodel that building for retail tire sales." Romans stated they have ten (10) parking spaces and would have access to additional parkinc in another compound. He was not the one that bought the building, but the tentative lessee, Building Inspector had requested the building up to code. Romans felt anything they did would be an asset to Meridian and intended to bring the building up to code. Chief Sherwin questioned i# there would be off street parking. Romans: "If we put sidewalks along there, that should eliminate that - of course there won't be any truck service done there." Peridian City Hall .2. October 20, 1980 Mayor: "There needs to be sidewalks there." Welker: "Will there be any recapping there?" Romans: "No. Goodyear, on occasion runs a special on lubrication to see the impact of their advertising." Orton: "You do not need a change of zone." Romans: "We just want to bring it up to code and the permission to make this building attractive by remodeling and go to business in Meridian." Kingsford: "I'm for that - anything you can do will improve it." Williams: "The only concern I have is if this ever goes four lane parking along the street (E. 1st) is going to be 'not at all'." Romans: "Mr. Schoen told me. This compound over here is quite large and would be adequat@' tAayor: "You do have an agreement with the owner of that property?" Romans: "We do, with the one that has it leased now." Williams: "I wouldn't want you to be hit cold if that street went four lanes - we want your planning to go accordingly." Romans: "If we can't get in now before winter comes in, we might as well wait to next April because the ti re business is January and February." Brewer: "There was a water problem there and if I remember right, there is no storm drain on that corner, I'm wondering if you curb and gutter and sidewalk it, what will the water problem be then?" There was discussion concerning the water build up. Stuart: "The crossing from Ada and E. 1st is so high the water can't drain off. The only way would dig down and put a drain under Ada St. so it would drain." Brewer: "I would like to see a way to cure that problem if they are going to put that kind of money - would you be willing to look into that?" Romans: "I would think this would be up to the street department." Mayor: "State Highway." Romans: "If they build a new highway, they will have to put drains." Mayor: "They will if they change the highway." Brewer: "Your concept is good, it's just that that has really been a swamp down there and can't help but think a new sidewalk and curb is going to act as a dam - it will keep the water off of your property." Installation of a storm drain was discussed. Romans questioned if he could go ahead with other phases of remodeling, etc. to pace time frame for this business and hold up on curb and sidewalk until the problem of storm drain was decided. Kingsford: "I would like to see the sidewalk, curbs and landscaping go in at this time and work with the State and Ada County Highway District to see if we can't move that water out." Williams: "The water is going to be there whether you are there or the building stands empty. I would rather see this improvement than standing empty - I think this is what we're down to." The Motion was made by Williams and seconded by Orton to approve this wholesale ti re out- let, located at 331 E. 1st. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Mayor: "Welcome to the community - Chamber of Commerce is right down the street." Romans thanked the Mayor and Council. d October 20, 1980 Agenda 3 Arnold Annexation Hearing Attorney Howard Foley was representing Guandolyn Arnold property, 2025 W. Pine, consisting of 50 acres and to be zoned industrial. Foley, displaying map: "Arnold is seeking annexation of the parcel outlined in red that lies along Pine St. near the intersection of Linder. Pursuant to the recommendation that was made after we requested an initial 300 foot strip to be zoned commercial and the rest of the property industrial, we dropped that request and have. gone back to Planning and Zoning. Probably, the only thing that has come to light through the hearing, is the change that concerns the property that lies in this particular area (indicating enclave - Rich, Fenstermaker and Price property on map) and what those people's attitude was there. We were advisded by the City Clerk that those people in 1978 made application for annexation into the City. We would assume from that, they would have no objection if-that were to ever come up. Essentially, our request is exactly the same as it was before - the proper is the same, we've spent some time on it when we were here before, so unless I can answer some questions, whatever the case is, there is no need to go back over the same material." Mayor: "Have we determined whether this will require a lift station?" Williams: "It will require one." Foley: "We didn't determine.' that, but I would assume most or the majority of the properib flows, the rest of the flow goes. We certainly would have no objection to annexation with the condition that if it were determined at the time development occurs with it zoned, that the annexing party be required to provide the City with a station and dedicate this to the City." Mayor: "This would be required anyway, but it's the maintenance that's killing us. Do you know Gary?" Engineer Smith: "No, I don't. I would assume it will require a lift station because with the drain generally running north-westerly, I don't know the contours and elevation of that area. Some of that undoubtedly be sewered back toward Linder and to the north to W. Pine. However, the grade of the sewer line in W. Pine that runs along the front of the high school, drains to the west. So naturally a portion of that land will have to drain to the west and north." Orton: "I agree with Gary - a portion will go and a portion may or may not. Assuming it does, and that's a worse case for me, and a couple of those industrial parcels on the west end may need a lift station, I think it would be preferable to have those owned, operated and for personal use of the industry involved. We get around the maintenance problem, we don't have the equipment to maintain. We own, and would have to ask for an oversize to serve additional land. We might get around all of these issues if it worked the other wa,~' fdayor: "Mr. Stucker, do you have a comment?" Stucker: "Yes, in regard to water flow and irrigation, of course it does flow north-west up to 8 mile drain, but then the wastewater turns up around and back to the east and crosses Pine to 200 to. 300 feet west~Af where the City sewer now ends. So that does mean, even though would irrigate parallel to 8 Mile canal, it still igdicates it has a flow back I think the sewer .line is 8 to 10 feet deep. Within 300 feet of that lower point. So with that respect, at least 3/4 or more of the ground would flow naturally into the sewer. What would be on the e~est side, south and west; of 8 Mile drain, I'm not sure. If we had that flow back there, we might be able to sewer that into natural flow. It would take some engineering to prove to what extent that would be." Brewer: "It seems to i~ if it's going to require a lift station of any kind to sewer. that property now, it's going to be that way in the future. I can't help but think properv ly controlled, light industry might be a great deal better than all residential, which creates a tremendous amount of sewerage. It's going to require a lift station no matter what goes in there." Williams: "According to Planning and Zoning's comments, this does create an enclave, also the fact we don't know of any commitments of anybody to come here for putting land in an industrial bank for somebody who has no plans for development now - we don't know what their plans are, we have hundreds of acres whithering, that are zoned industrial, around the City now. Why put it in now if there are no plans to develop it - with our potential capacity problem, we may be short sighted and may be turning away a,alferiaus developer, rather than a land speculator. Most of this land,raccording to Earl, would not flow into the sewer system, most of it would have to be lifted up. The other point is, on 10 Mite going up, we have a future phase of the sewer line tehich would most of it gravity to that I Meri point in the future - I just don't think now is the time for this annexation. I'm not disputing the use of it necessarily, I think we are premature on it. It was denied twr~ce by Planning and Zoning on that same basis. I think that Planning and Zoning have done a fine job and have a better perspective of the planning situation as that is solely what they deal with as our Planning and Zoning Commission, I would heed with their recommenda- tiom The Mayor called for further comments. Fire Chief Welker: "You know I am very much against any p1acN that makes it difficult to know which fire truck to take and all the industrial land banks around here turn to weeds." Mayor: "Do:you have any actual use for it now, Howard?" Foley: "No, we don't.. The problem Mrs. Arnold faces with this juncture is the manner which the property lies in the purpose to which would be dedicated, or would be dedicated if it's not annexed. It doesn't seem potential residential property - we see a lot of drawback on that, sewerage among them. We appreciate commercial use property might not be the most beneficial use to the property. Until the property is in the proper perspec- tive to talk to people about how it's zoned if it!s in the City and what you can do with it it becomes a little difficult to bring a developer in." Foley submitted a paper describing the enclave property in question (Rich, Price and Fenstermaker) and their intention to be annexed December, 1978. He;'did not feel"abgy would create a very hard core enclave because the:- same property had requested annexation December, 1978. Anytime the City wanted to bring them in, there shoWld be no problem. Williams: "I would move that the Arnold Annexation be 'taken .under advisement until devel- opment plan and potential users are brought before the Council. That way when they get one, they can come before the Council and not go throughGthe public hearing again." Kingsford: "Second." Williams: "This is a short form pre-annexation agreement, I would assume." Orton: Question -pre-annexation agreement, as we talked about in the past - is that the developers were commited to annex if they do produce some sort af. user, is that the intended dtotion Dick?" Mayor: "You are not commiting capacity to the plan." Williams: "No, we are not commiting capacity to the. plan." Orton: "But you are commiting annexation?" Williams: "No, it's going to have to be addressed by the Council at the time as to what comes in." Orton: "We are granting actual nothing at this point? No commitment at all?" Williams: "No, If they come in with a developer tomorrow, I think it would change." Foley: "I am concerned - if you go to a potential developer and say 'look at the minutes of the last Council meeting and we would like you to commit yourself - money, financially, whatever else's that's nothing~to show them. What I understand, the Council is after is some sort of documentation, whether at least give us some sort of written agreement to take to the developer and say 'this is a binding agreement we have with the Council in fact this property will come in, it will be annexed into the City and in fact it will be annexe: as industrial property', whether design review is going to be your safeguard or not, or whether you would like us~:to come back,that would be fine. But give us something we can give the developer more than just our assurances because of the nature of the Council in two years, or whatever the ease is, we've really got nothing." Kingsford: "Even with what your asking Howard, you are asking us fora yes or no. You don't have a pre-annexation agreement to hand to us tc~ight. I think this motion basicalb is saying we're open -you won't have to have a public hearing again, or would you like ~- vote on a yes or no basis?" Foley: "I would like to have you vote on a yes or no basis, provided we provided you with a pre-annexation agreement that was viable as far as the Council is cpncerned." Kingsford: "That isn't what we have now, we have a request for annexation and zoning. If we annex and zone you, what is the future of having a pre-annexation agreement?" Foley: "I guess I'm taking off of Dick's motion that was seconded that seemed to me was the two choices was either a voice vote or possibly a pre-annexation agreement. Obviously, r /. .'irk:'>.eftt/5[1F.,Ji,.. >.... . ,.w:~i .-w.e~::~P#`~k: ay-~ ^'~s.R,. 1['°~ • October 20, 1 what we would like to have is annexation and zoned tonight - if that is not going to be the situation, and the Council is going to favor either a written pre-annexation agreement, or an informal verbal pre-annexation agreement which contains nothing more than the minutes of the Council." Orton: "I would like to ask the Council under the motion that's on the floor now, if they come back in with a client, can we av®%d all hearings and business of annexation later on?" Williams: "That's what the motion said Rick." Crookston: "You have had one hearing, you can table it for however long you want to table it." Williams: "That's actually what the motion has done, taking it under advisement rather than tabling fora set date." Crookston: "Pre-annexation agreement itself, we have never approached and I have never reviewed as to whether or not they are a good idea or not." Williams: "I question the legality of them because you are commiting future Councils. Under State Law, you can't do that. In essence, you are bonding it - there may be a grey area there." Mayor: "Any further questions from the Council?' There's a motion made and seconded to take the request for Arnold Annexation under advisement until any future potential users come before the Council. All those in favor?" Williams: "Aye." Kingsford: "Aye." Mayor: "Opposed?" Brewer: "Aye." Orton: "Aye." Mayor: "I'71 break the tie and go with the motion. Motion carries." Agenda 4 lariance - 662 - 694 W. Idaho, Gem Estates Ron Alvey was present to request 13 foot variance for erection of a 6 foot privacy fence around a patio located on the corner of W. 7th and Idaho. Alvey stated that they have been trying to upgrade the four-plexes. The one patio faces the street, does not have enough room. Alvey displayed pictures and explained visual effects. He stated following the plot plan, measuring fromzthe center of the street.; the property line comes back into the lawn approxi mately 4 feet. The fence will be 4 feet from the building - down 14 feet and back in. There is asphalt all the way around the four-plexes and vehicles were cutting through, so this will prevent trespassing as well as desirable for the tenants. The Motion was made by Williams and seconded by Brewer that the fence variance request of Ron Alvey for 662-694 W. Idaho, Gem Estates, be granted. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 5 Reynold L. Schenck - Variance - located NE corner of Franklin and Meridian St. Reynold L. Schenck was present to request variance for the purpose to construct the rear of the building against the north property line and have a 10 foot setback on the west and east side of the building. Schenck stated they would like to build an office building. There was much discussion concerning Williams St. The easement on the street i5 on Lembke property (Atwater homestead). Tt was the feeling of the Council that Ada County Highway District should be contacted. There had been a previous request for closure of Williams St. Williams stated if Ada County Highway District doesn't have any problems with it, then the Council could take both the rear variance and side variance under consideration at one time. Crookston stated that as he recalled, Williams St. was not vacated because of the water main. ~ ~-~•~r C~ Meridian Citv Hall .6. October 2 Welker stated this would have to be considered carefully for fire protection. Chief Sherwin stated sight triangle should be kept in mind. The Motion was made by Brewer and seconded by Orton that the variance request of Reynold L. Schenck located in Williams Addition be tabled. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 6 Public Nearing for proposed ordinance qualifying Plannf.ng and Zoning Members. The Motion was made by Williams and seconded by Kingsford to open a public hearing for the proposed ordinance. Motion Carried: Williams, yea; Kingsford, yea; $rewer, yea; Orton, yea. Pdayor Glaisyer read the purpose of Public Hearing, stating the present City Ordinance state that there must be an engineer on the City Planning and Zoning Commission.. This has creates an undue burden trying to find an engineer,so the proposed ordinance will include the City's Area of Impact to be on the Commission. Attorney Crookston stated that also the Local Planning Act requires that if the City has enacted an area of impact thdt Planning and Zoning Membership comprise those who are residents of area of impact, but outside of the City limits. Laura Connor: "Is the area of impact still pending?" Mayor: "Yes, but we are pretty well geared to where our boundaries are going to be ,we. just haven't got them negotiated yet as far as our public hearings." These was discussion concerning selection of member from an area not under dispute or rather one•mile from present boundary. Brewer: "Once the City Area of Impact has been established and we find a member was selec- ted not in that area, a change would have to be made at that time." No other comments from the public. Williams moved that public hearing be closed. Brewer seconded. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 7 Mayor Glaisyer read Ordinance #381 entitled: AN ORDINANCE AMENDING TITLE IV, CHAPTER 1, ENTITLED PLANNING COMMISSION OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDlaAN, ADA COUNTY, IDAHO, BY SPECIFICALLY SETTING FORTH IN SECTION 4-102 OF SAID CHAPTER FROM WHAT AREAS RESIDENTS ON THE COMMISSION MUST COME. The Mayor called for the request to have Ordinance #381 read in its entirety. There was no request. The Motion was made by Brewer and seconded by Williams 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 381, as read, be passed and approved. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 8 Proclamation - Don Roberts Day - October 28, 1980 Mayor Glaisyer read the following Proclamation: 1. WHEREAS, the City of Meridian commends efforts of the merchants of the City of Meridian. 2. WHEREAS, Don Roberts has contributed greatly to our city with continued efforts in its behalf. 3. WHEREAS, Don Roberts has been a leading merchant for the past 35 years. NOW THEREI'1)RE, as Mayor of Meridian, I do hereby proclaim October 28, 1980 as Don Roberts Day in the City and urge all residents and businessmen to join in our salute to Dan Roberts for his contributions to our City. The Motion was made by Williams and seconded by Kingsford that the Proclamation for Don Roberts Day, October 28, 1980, be given by unanimous acclamation of the Council. Flotion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 9 Pre termination Hearing - Water/Sewer/Trash Delinquencies Mayor Glaisyer deefiared pretermination hearing open to delinquent users to defend the claim Dave O'Leary: "My name is Dave O'Leary, I am the owner of property at 1016 W. 13th, I am the laddlord of that property. On February 15, 1 :' of this year we rented the property to some people named Gary and Linda Collins. On Monday, February 18th, we called to change over the bill. It was our understanding with Mr. Collins, he was to assume all the bills. We did not hear ahything about this from February, when Collins moved in until September 8th of this year. Sometime between September 1st and September 5th, Mr. Collins moved out. When we called again to change the service over to the new tenants, we were told that the water was going to be turned off unless we paid Mr. Collins` bill." O'Leary summarized Collins' actions concerning bill ~ turned off once for delinquent, turns on again with token payment, small payments made two or three times, then waited three months before he did anything and skipped town. "The poiht is, we do not feel responsible for this tehant'.s bill." Mrs. O'Leary: "Had we known or had any notification of this bill during the se~!en months, we would have had this turned off." O'Leary: "We received the first bill September 8th, the bills were sent to the address at 13th St." MayoF Glaisyer reviewed the bookkeeping record. There was much discussion concerning owner liability. Brewer: "One of the prerogatives of being a landlord, the City can't accept this debt." Kingsford: "That's the reason the City converted to having the landlords receive the bill- to alleviate this problem we have had in the pas t, because of the bonding, it will go against the taxes. My sympathy goes to you. O'Leary: Why was this turned back on?" Williams: "That's a good questions" Mrs. O'Leary: "I was told on the phone that Collins came in and said he was unemployed and the--gal here in the office felt sorry for him and turned it back on." Kingsford: "Mr. Crookston, we don't have the capability under our bond to waive any pay- ment if that was our prerogative:, is that right?" Crookston: "That's correct." Kingsford: "I have sympathy with you folks, in terms of not being notified, but I recogr nize as a landlord myself, that I'm duly responsible for anything thaw ;doesn't get ,paid." f4ayor: "There is no question that we are as much at fault as anybody, I'll apologize for that hopirgin the months to come and we get to computerizing, this won't happen." Orton: "I can't see removing any charges as I don't see it's fair for the City of Meridian the water was used and you benefit from the property. Perhaps we could remove the property from the turn off list this month and require them to reduce the outstanding bill next month by 50k and the balance to zero the following month." The Motion was made by Orton and seconded by Brewer to require the O'Learys to pay Water/ Sewer/Trash.c~: bill 50q of the next billing and the balance to zero on the following bill. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Mayor Glaisyer called for anyone who requests a pretermination hearing. There were none. The Motion was made by Williams and seconded by Kingsford that the name included on the turn offnotice and pretermination hearing, except for the O'Learys, be turned off by the Water Superintendent on the approved date. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. (Meridian Citv Hall (Agenda 10 EDA Audit Bill - transfer of funds i The Motion was made by Kingsford and seconded by Williams to approve the EDA Audit per agreement plus telephone charges, in the amount of $1,216.87, and transfer funds from 25 sewer account to the construction account in the amount of $3,325.00. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 11 Agenda 12 Race Track Parking Bill Taylor stated that for reasons that several people were interested in leasing the speedway, they (Dairy_Show Board) have postponed a selection meeting until Wednesday night. Orton: "Let's let this matter ride." Brewer: "When the Council authorized racing two years ago,, were they to come back on a yearly basis?" Williams: "Yes, they were." Mayor: "Roger, every year, don't they have to make an inspection?" Welker: indicated yes. Orton: "Last year was the first year we allowed them to use that parking area." Williams: "Legally." Engineering: (Gem Estates) Smith reported submitting a memorandum to the Council as a result of a meeting prior to Council meeting, October 6, 1980. He received a telephone call from Gem Estate`s secretary and believed it was in reference to signing the plat. He asked for direction. Kingsford: "That was our part of the condition to approve the plat - vacation of the dia- gona3`,sewer line through there and hook it up into Broadway. .This was part of the conditioi to approve that plat back in 1975. They haven't met that, among other thangs." Williams: "Also, wasn't Mr. Reeves parcel originally included in that?" Kingsford: "Mr. Reeves parcel was included in that - have you seen the final plat?" Smith: "No sir." Kingsford: "I haven't either. I think it would be difficult for un to think about it purely and simple if we have not seen it. Also, as Fire Commissioner, I would like to see those weeds cleaned up." There was discussion. Mayor Glaisyer was instructed to write a letter to Jack Dowdle, Gem Estates, requesting attention to items listed on Engineer Smith's memorandum dated October 9, 1980, and final plat will not be signed off until compliance. Memorandum on file with these minutes. Engineer Smith presented bills on the sewer plant, for backup supplies: 1. Neptune Microfloc, Inc. $:-.8:03 - to be held for further study. 2. Neptune Microfloc, Inc. $434.43 The Motion was made by Kingsford and seconded by Williams to approve the bill from Neptune Piicrofloc in the amount of $434.43 from the construction account. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. The Motion was made by Williams and seconded by Kingsford to transfer $434.43 from 25 account to construction account. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Meridian Cit 9. Agenda 13 Other Business: 20. 1980 Williams announced that regarding the old sewer treatment plant, Boise State University is now cleaning it up and possibly be bringing that plant on line as a training for Boise State students. They will be removing some equipment for the City. BSU will send a letter to the City to hold the City harmless in case anytHing happens. They will be cleaning up the lot and generally doing fix up work. Engineer Smith stated that a letter had been received from Green Acres (Smith's Food King) along with reservations of paying engineering fees of $247.68, research studies performed. Smith stated the tdme spent, and research time, was for the purpose ofi arriving at a reco= mmendation for the City - for Smith's Food King." There was discussion concerning the water being turned off. Mayor Glaisyer was instructed to write a letter to Green Acre Properties specifically stating the problem and send a copy to the Idaho Rating Bureau. Orton stated that the City's part of the island project on E. 1st and Cherry Lane was completed. Orton suggested billing City service once every two months. Mayor Glaisyer stated his preference was to bill one half of the City are month and the other half the next month. He stated the computer system was sti1T three or four months down the road. Orton stated they are working on dividing the City readings. Orton stated there was some design they were going to be repaired when close to being empty and questioned schedule. Smith stated he had not heard as to Kingsford stated the pond was still repair. errors on the irrigation pond at the Golf Course, and the water went out this year. It is either empty or Engineer Smith as to what is to be done and the schedule, but was informed it was going to be done. full Sunday so certainly it will have to dry out before Orton questioned if it has ever been documented - what J-U-B is going to assume responsi- bility for in that design. Smith stated - not writteh that he knew of -just what he was told. Orton stated his sincere hope was that they submit plans for design for formal review. Orton suggested that the Area of Impact be negotiated. Mayor Glaisyer stated he has withheld negotiations as the Zoning and Development Ordinance< have priority. There was discussion concerning Area: of Impact. Mayor Glaisyer called for the Council's opinion on waiting until the ordinances are complet or 9o ahead and negotiate now. Williams, Brewer and Kingsford designated to wait until ordinances are complete. The P7otion was made by Williams and seconded by Kingsford that the meeting be adjourned at 9:30 p.m. Motion Carried: Williams, yea; Kingsford, yam; Brewer, yea; Orton, yea. e 0 . , ~y~irL~-C_.J ~`-"' C' y Clerk c: Mayor Council Clerk Treasurer P&Z Hein Bruce ACRD Vern Ada County Zoning Director Earl. APA J-U-B AIC Fire Central District Health Chief Nampa-Meridian Irrigation Ada .County Commissioners Ray Sotero ~. ~~~.~ - • y • 28 ^~er'dian S~. Meridian, ID 83542 VF1R'_AtiCE APP'_ICATION (RE: Meridian Zoning Ordinance NAME: `n_~osn:v /1 G ~~ F Owner ~r '.older of valid option PHONE ~S~!~ ?~~O ~ ADDRESS: ~ G 2 - ~ 5~ C~-~ ~~u ~~ GE."; ORAL LOCATION: u~ %?-" " `~~~~tt l L =^,FIL CESCRIPTION OF PROPERTY: /rucZ'<,, PROOF OF OWNERSHIP OR VALSD_OPTION: A copy of ycur property deed or option aareementmust.beattaene ,/ PRESENT ZONE CLASSIFICATIONL "~' ~~-~~--r VICINITY SKETCH: A vicinity map at a scale aparoved 5y the Mayor show;ng property lines, streets existing and proposed zerSng and such other items as the Mayor may require. SURROUNDING PROPER?" OWNERS: A ''ist of all property owre~s and addresses within can`c~_:ous to, directly across the street from, and wit::^:i r: a 300' radius of the p<~cel (s; proposed far a Variance must 5e attached. ;This infor^;ation isavailable from the Coun'.~ ,'~.~>~ssor.) DESCRIPTION OF PROPOSED VARIANCE: a~{- ~.~ ~ ~ ~ 4~-~ ~ ~~h_c«~c ~-~~- / 3' Date Received Received 3y sIGNATUR~. , ~,~~ „~ CITY COUNCIL RECORDS Cit.Y Council Hearing_Date ~j1//l~GL~ ~l/ .010 ~, ~ , .~ ~' nttach a site plan showing all deta=ls of the proposed ;'^ve'.opment, Cemple`e the following questicns and return with the appiica±icn. 1. 41hat is intended *_o be done on or with the property? ~,~~~'zec.r, ~t~ yc/. „c e.~-. CfJia~c:u.~~ j.'~~--~a l/ 2. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved ar.d which are not ao^licable to other ':ands. structures, or buildings in the same district? 3. Why wi1.l a literal i^terpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? 4. What special conditions or circumstances exist that were not a result of your actions? 5. Why will the granting of this Variance ^^t confer on ~ou any special privilege that is denied by this :; rdinance to o*_her lands, st:^uctures, or building in the same district? ~:~t c c ~ z~~ a+~-a- k ~ r ~i c L .,ca- /` ,~1a. E~ r ~ ~~4 a e,~/~ c2~f ~c~~~ oL d _i~ f p ~f a~~ ~ GL L~ ~~~~ G ~~ ~Lcc.~ ~'~ ,C-'`' GZ~~ ,~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho before the Planning and Zoning Commission of the City of Meridian at the City Hall in Meridian, at the hour of 8:00 p. m., on the 14th day of October, 1980, and before the City Council of t!ie City of Meridian at the City Hall in Meridian, at the hour of 8:00 p.m., on the 20th day of October, 1980, regarding a "propos ordinance expanding the qualifications of the City of P-leridian Planning and Zoning Commission members to include those persons residing in the City of Meridian Area of Impact. Any and all persons interested shall Yee heard at said meeting. DATED:ths f ~dag:o£,Septembei: 1980. `-~ i ~(~, La. ana L. Niemann AMBROBE, fITZG ERALD, CROOKSTON 8 McLAM Attomeye antl Counselors P.G. BoM l27 Meritlian, IGNO / /.~ 83812 ~lyq//l/C//I TBISpIane8Be~187 ~ X37 ORDINANCE N0. 381 AN ORDINANCE AMENDING TITLE IV, CHAPTER 1, ENTITLEb PLANNING COMMISSION OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BY SPECIFICALLY SETTING FORTH IN SECTION 4-102 OF SAID CHAPTER FROM WHAT AREAS RESIDENTS ON THE COM- MISSION MUST COME. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho have con- cluded that it is in the best interest of said City to amend Title IV, Chapter 1, Section 4-102, as the Local Planning Act of 1975, Idaho Code, Title 67, Chapter 65, and particularly Section 67-6526 requires that where a City has adopted an Area of Impact, citizens outside the corporate city limits and within the area of impact must be represented on the Planning and Zoning Commission of that city, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, Section 1. That Title IV, Chapter 1, Section 4-102, of the Revised and Compiled Ordinance of the City of Meridian, Ada County, Idaho, is hereby amended to read as follows: 4-102: QUALIFICATION OF MEMBERS; TERM OF OFFICE: Said City Planning Commission shall consist of six (6) members to be appointed by the Mayor of the City and confirmed by the City Council. The members of the Commission may be residents of the City of Meridian or they may be residents of the County but they must live within the Area of Impact as adopted by the City pursuant to Idaho Code 67-6526. The propor- tion of Commission members that are City residents as oppossed to members residing within the Area of Impact shall, be determined, as closely as possible, by the total population in each respective area; that is the corporate city limits and that portion of the Area of Impact outside of the corporate city limits. The term of office for the first appointive members appointed to such Commission shall be two (2), four (4) and six (6) years to be determined by lot by those appointed; and thereafter, the terms of office for each appointive members shall be six (6) years Vacancies occurring otherwise than through the expiration of the terms of the members shall be filled tsy the Mayor, subject to confirmation by the City Council. Members of the Commission may be removed after public hearing by a majority vote of City Council. Members of the Commission shall be selected without respect to political affiliations and shall serve without compensation. (1955 Code) Section 2. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 20th day of October, 1980. APPROVED: m r ATTEST: • ~_~~~~ ~'"~` y Clerk c: Steiling Codifiers AIC Mihutes PROCLAMATION FOR DON ROBERTS DAY 1. WHEREAS, the City of Meridian commends efforts of the merchants of the City of Meridian. 2. WHEREAS, Don Roberts has contributed greatly to our city with continued efforts in its behalf. 3. WHEREAS, Don Roberts has been a leading merchant for the past 35 years. NOW THEREFORE, as Mayor of Meridian, I do hereby proclaim October 28, 1980 as Don Roberts Day in the City and urge all residents and businessmen to join in our salute to Don Roberts for his contributions to our City. "t$ ~ C~P/•~L~.:C~~ eYdf~~l~f rXffiCf9[I9ifGf7).rb 3.2 t2T*! AVE. 50. P.o. eex 6T6 '~y ~ NAM PA. :^AH^ 83651 PHONE !2081 456-2493 !2081 342-5!21 S T A T E M E N T City of Meridian .City Ha11 Meridian, Idaho 83642 ~ `rte n;;T ~ 1y_.~V. ~ ROLAND J. SMITH. CPA DAR!UB T. BAILEY, caa 19_Y~ FOR PROFE5510NA~SERVICES: Audit per agreement Telephone $ 1, 17.5. Q~ 41.87 Amount Due 0 s > '-~' 121607 + ' 22050, = ` 3 "~ x_87 ~~u" '.` Z ~~~, ~~ $ 1,216.87 ~~~~~~ ~~ ~~~, ~~'~ 1~ FEDERAL CONSVMER [REDIT PROTECTION a1CT UNOFA THE AlOVE IAW, YOU ARE ADVISED TtAT YOUR ACCOUNT IS SUelECT TO A FINANCE CHARGE IF ANY MONTH'S BAUNCE IN UNPAID BV TIE END OF THAT MONTH, MC RMAM[E aAecE n s nEnemc uTE oc I~ix PE! AtONIN oe eN ANNIIAI PERCIMTAGE LATE or lex wrrH ~ wNUYW alucE asee ['iwrs or ai 1 ~ ~ • k,, i1G `_ TRr..4Sv „ i . cl' A Good FlGCe to ;.i~~e , JI ' OFFICIALS ( ~~~ ~ ,7 i,~ ~ ?y 5{ ~ i ,~L, A ~? ` " t~ ~ " COUNCILMEN ~. ; ~.I :~ +~ Z-}'~.L ~.~at UWANA L. NtEMANN, CITY Clerk ~/~ ~ `V' RICNARO C. WILLIAM9 ~~ A. M. KIEBERT, Trereurer ~2$ Meridian Street ROGER SHERWIN,CMelol Police GRANT P. KINGSFORD BILLBREWER ~ BRUCE O. STUART, Water WOrke Suet. MERIDIAN, IDAHO RICNgRD F.ORTON,JR. jib JOHN O. FITZGERALD, AaorneY 87E42 DONALD L.9XARP ' .'~,~ly yfl ROGER WELNF.0., FIre C~lel EARL WARD. Waefe wafer 9u0t. Phone 888-9493 CNUrm~n ZOnIn98Plenninp p~a ]OSEPH L. GLAISYER "j M,ror ~J '''.~ MEMORANDUM ~' T0: Honorable Mayor and City Council +`~ ,"~ FROM: Gary D. Smith, P.E.; City Engineer .,~ .-,.~ a ._ ~~ 1980 DATE: October 9, ` .. ~ ` -; , "' ' BDIVISION, SANITARY SEWER SYSTEM RE: GEM ESTATES 84` i : . . , a. ;~', p~° As a result of our relnt meeting at the site during the evening of ti ti.• to observe the status of the referenced sewer October 6 system, I offer for , , ~'!~ your consideration the following comments. 1. 8 Inch Diameter Lateral D-1. (The northerly most east-west line). Physically there appears to be adequate room between the buildings if in the future it was necessary to bring in equipment *_o make ar_y repairs to the lateral. My previous request for a 16 foot wide easement could effectively be reduced to 15 feet. I say this for convenience purposes, since the pla*_ presently has a 10 foot wide easement on the south side of ±he Northerly to±s adjoining this lateral and the City Subdivision Ordinance requires a 5 foot wide sideyard set back which would be designated as "sanitary sewer easement" on the North site of the Southerly ad;oining lots- This combination results in the 15 foot wide easement which would be adequate. 2. 8 Inch Diameter Lateral B. This lateral is '_ocated in an asphalt buildings. Tre plat presently shows a and its location provides sufficient access. (Southerly most east-west lateral-) paved access dri.vetoay between apartment 15 foot wise easafaent for this lateral clearance for possible repair equipment 3. 18 jnch Diameter Trunk Line. The location of a ;nor*_ion of the North-South trunk line is withir. 2-3 feet of the was*erly side cf one of *_he apartment buildings. The location does, however, seem to be in accordance with the development plans that were apparently approved by the City at some point of time. in the past-. Th. width o±' the easement ;er this ±runk is shown as 16 feet on the plat and does c~nform with my earlier request to Mr. Dowdle. 4. 18 Snch Diameter Trunk~,LinE developer complete the constructi n c "Ultimate Sewer Plan-Profile" drawing Construction. It is necessary that the the trunk line as shown on iris Engineer's The work items yet to be done include: - / / "fJZc~,~~ ~! ~ ~ ~. ~ ( w ",`N.onorable Mayor and City Council -2- October 9, 1980 ~ ~~ yy r6 ~'' ~'' a. Connect the new 18" diameter trunk line and plug the existing "; ~ ''18° diameter trunk line at the manhole in .West Broadway Avenue at the Southeast ,a, i, corner of the .development. 1 r ~' b. Connect the new 18" diameter trunk line and plug the existing ~' ` 18" diameter trunk line at .the trunk line manhole located 101.6 feet south of ,, ~.~ <, the trunk line :manhole. in west Idaho Avenue. ~ ~ c. Plug the existing trunk line inlet and outlet at the manhole in ~; West Seventh Street. tF,at is located over the 8"diameter lateral identified as r° '' '"Line B" on the engineering drawings. It will. also be necessary. to construct ,~ ~ ~~ 'a channel through this manhole to promote the transition of flow from the East ''<~S ~ part,of the lateral. to the West .part. An existing .service line from the ,~* ti~ living units to the South and West of *_his manhole enters the west side of the 101 `manhole on an alignment parallel to the alignment of lateral "B" Presently ~ ~` .solids and paper are building up on the manhole shelf. The developer must ~ L either remodel the transition of this line into the manhole to eliminate the F ~f, ~ solids and: paper buildup or remove the service therefrom and connect the two , , ,~' ~ ~ `affected apar*ment units to Lateral "B" with standard service taps. r r , ~`~, ~ ~~}~~ If you have any questions, please don't hesitate to ca1L If you find my ~" h ~' `,~,~~ ~ . `comments and recommendations to be in order with the existing situation, I ~` MAl, ~ ':would recommend that the developer be so advised by letter. i.:: "~ ~.~ >GDS/dr. ~~ 'r d~~ ~ ~„ ~ ~~ x ~' »R~ s~ k# :. ~ t T :Y ~ 1. w +a '7 ~ , a ~, ~d ~ ~ l v f' i. R, j r ~ "~ a . ;, Y ;, ' t x ~ ; ,~" G ~p t.~ .~ , ~ a[ 1 ti ~' i t zdc-. ~ . Y//f~/~d S~i<aRf'