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1980 09-15i A G E N D A Meridian City Council September 15, 1980 ITEM: Minutes of previous meeting approved as read. 1. Hearing for Citizen Preliminary Participation Plan for Block Grant. Approved. 2. Recommendation to Ada County Zoning for demolition landfill at the Blackcat gravel pit. 3. Settlers Village Rezone Hearing Approved. Settlers Village Covenants - Approved. 4. Mitich Rezone Hearing - From "A" Residential to "C" Commercial Limited Office. Approved with design review. 5. Arnold Annexation Appeal, W. Pine & Linder - Sent back to P&Z for further review. 6. Tom Sidener, 690 W. Franklin - Mobile Home Variance. Approved. 7. Gem Estates Easements Approved. 8. Idaho Power Company Contract Approved. 9. Turn off Notice Hearing 10. Engineering Report. 11. Department Reports. 1a Hall September 15, 1 1 Regular meeting called to order by Mayor Joseph Glaisyer at 7:30 p.m. Councilmen present: Richard Williams, Grant Kingsford, Bill Brewer, Rick Orton Jr. Others attending: Vern Schoen, Bruce Stuart, Earl Ward, S. J. Louderbough, Natalie Watson, Harold Watson, Owen M. Frost, David Reeves, Ray Sotero, Dick Bieber, Roger Welker, Bernie Wilson, Michael L. Frost, Bobbie Dennett, M. A. Short, Reed L. Black, Carol Short, Donna Day, Bob Mitich, Leslie Ankenman, Teresa Sidener, Dale Gentry, Irene Gentry, Dale Thurston, Arthur Carr, Carolyn Larson, Fred Marcotte, Norm Noonan, Bill Blankinship, Howard Foley, Jack Dowdle, Roy Goodwin, Wayne Crookston, Mary Jane Harper, Gary Smith. Minutes of previous meeting were approved as read. Hearing for Citizen Preliminary Participation Plan for Block Grant Bobbie Dennett, Citizen Advisory Council Chairman, was present to report on the September 3, 1980 hearing on the Preliminary Participation Plan. The Citizen Advisory Council expressed their desire to get more public involvement in the Block Grant which is for improvement of low and moderate income neighborhoods. The public's suggestions were: To mail letters and notices to local organizations and churches, to prepare news releases to local television and radio stations and to announce it on Community Bulletin Board, and a notice in the Statesman. Copies of the Citizen Preliminary Participation Plan are available at the Meridian Public Library and the City Hall. The h1otion was made by Brewer and seconded by Williams to adopt the Citizen Preliminary Participation Plan for Black Grant. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea, Orton, yea. Agenda 2 Request for recommendation to the Ada County Zoning Commission fora demolition pit at Blackcat gravel pit, owned by Chester Eggars. Mayor Glaisyer explained that this is in our impact area and the Ada County Zoning Com- mission requests that we give approval or disapproval of this proposal before the hearing September 25, 1980. Leslie Ankenman of Tudor Engineering was present, representing Frank Marcum, the operator of the Blackcat gravel pit. The proposal is to fill the Blackcat gravel pit with selec- ted demolition wastes. There would be no chemical disposal or hazardous wastes. Accep- table material would be - for excavation wastes, such as earth, gravel and sand from park- ing lots, sewer and street construction. Also will accept trees, car bodies, abandoned appliances. There is another operator in the pit that is under contract to extract gravel and this will, continue. There are two crushers and screening plants, both working in the pit. There is already a Conditional Use permit for thirty acres to the east in contiguous, also land to the south owned by Mr. Eggars. Ankenman stated that this is not a new use, because the area has been used as a dump for many years. Marcum has cleaned it up since he has taken over. The change requested is to . open it up for public use. This will enable a more rapid infilling and will be a source ofd revenue for the operator and the property owner. There will be established guidelines which will be more readily enforceable. The viola- tions and complaints will be held to a minimum this way. This will also keep out cyclists and unauthorized dumpers. Ankenman stated that there were 24 items for conditions of approval that have already been addressed with Ada County Zoning Commission. The Commission was complaining about the office which is an accessory use proposed for the NW corner of the si;te.. They felt that the office was too large, therefore, the applicant has offered to eliminate the basement floor. The purpose of the office is to provide Marcum and the Busy Bee Sand and Gravel Company an office. Ada County Zoning had not directly referred to the City of Meridian's had asked that the City be added. approval, Ankenman .+ leridian City Hall .2. September 15, 1980 Ankenman stated that they had asked fora revision in the remedy in case a violation is incurred - that if the operator is in violation knowingly, the Conditional Use permit can be revoked. This will let the operator and his employees know exactly what will happen in case a violation occurs. Ankenman also asked that another item be imposed - no licensed refuse haulers be allowed on the site. The Ada County Zoning Commission also added that nonflamables, new wood, and wood items under four inches not be accepted. Ankenman stated that all of these conditions have been agreed on and that two feet of cover material will be added. He also stated that this is not a sanitary landfill, rather an alternate disposal site for the public, instead of the Hidden Hollow landfill which is getting costly. The cost of incorporating this waste into their landfill is more than they are charging: Hidden Hollow would also like to see this alternative. Ankenman added that this will eliminate a cavernous hole, recovering it to a well graded site. Vern Schoen, building inspector, stated that he was completely against this proposal. It would become a junk yard which never gets policed properly. They also havA a plant for paving which has been in operation fora while, and which had not been presented to the City of Meridian for review. Ankenman stated that everything in operation at the pit had been there fora long time.- Grandfather Rights. The Central District Health Department and Ada County Solid Waste Department will be inspecting. A contract will be signed between Ada County and Marcum which will state at least two things - setting rates and a uniform method of enforcing the collection. Also an agree- ment for providing for inspections by the Ada County Solid Waste Department. There was discussion and question as to the zoning of the pit. Ankenman stated that there was an error on the original zoning maps. It was ruled that the map showing D-1 and not the text showing R-4 was the zone. Williams stated that dumping and the other things they were doing was illegal in both zones Ankenman stated that the pit had been inspected and there had been complaints, but it was not shut down. In this proposal, the area will. be upgraded with the guidelines that will control, test and eliminate the problems that are involved in the way the place is run now. Roger Welker, Fire Chief stated that the Rural fire Department-must approve. Mayor Glaisyer asked for comments from the public. Owen Frost, 5222 View Dr., stated that he opposed this proposal. Harold Watson, 5025 View Dr., stated he was against the dump which would reduce the property values. Dale Thurston, 1505 S. Blackcat, stated that there was a traffic hazard and decreased property values. Noise pollution would be a problem also - a recyclable wastes proposal - tire shreader, crushing autos with caterpillars. There would be an air pollution problem. The view would be cut off with a six foot fence. The impact would be forty years, long before that the area will be mostly residential. Only the neighbor`s complaints to the Health Department have made them clean the area up, then it returns to just the way it was. They made the cavernous hole and to fill it back up, they'll have to dig another cavernous hole. There is only one man to control and area of 1,100 square miles, they need one man at the pit all the time to control what comes in. Mike Short, 1565 S. Blackcat, stated that with the residential area surrounding the pit, it is not the place fora dump. There is noise and air pollution already. Soon there will be contamination of the wells. It is a fire hazard, there is no fire protection on the site, a pumper must come out and there have been several fires in the area and on the site. The fast speed of the highway is a traffic hazard and the safety of the children is in danger. The school bus stops within fifty feet of the road entering the pit. A dump will destroy the property values. Meridian City Hall :3: September 15 1980 Arthur Carr, 4905 View Dr., stated that there has been dumping other than private. The school bus driver considered the stop at View Dr. unsafe because of the incline of the hill, cars coming up would not be able to stop in time, so the children must walk across the street to Overland Rd. Carolyn Larson, 4860 View Dr., stated that View Dr. was a panoramic view on both sides and shouldn't be ruined with people lined up on Saturday to pay to get into the dump and drop their refuse. Bob Plitich, 5090 View Dr., also opposes dump. Reed Black, 4910 View Dr., opposes dump. Irene Gentry, 5040 View Dr., stated that she opposes this dump, a place that attracts children. Some holes are as much as one hundred feet deep and the fence that surrounds the pit is bobwire that lies flat to the ground. The same people that have been running it will continue running it, nothing will change. Fred Marcotte, 4950 W. Overland also opposes. Carol Short, 1565 S. Blackcat, stated that besides the noise and air pollution and fire hazard, not only the immediate area school children would be in danger, but Meridian City children as well. Franklin and Cherry Lane are .well traveled by buses and these are the roads that will be used mostly by people to dump. Natalie Watson, 5025 View Dr., stated that Love Canal was inspected too, but there are unseen hazards. The Motion was made by Williams and seconded by Brewer that the City of Pieridian denies request of conversion to d demolition landfill for the Blackcat gravel pit. P1otion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, abstained. Mayor Glaisyer encouraged the public to be at the hearing September 25, 1980. The City of Meridian will direct a letter to the Ada County Zoning Commission with denial of the request for this proposal. Benda 3 Settlers Rezone Hearing - From "C" Commercial to "A" Residential. Norm Noonan and Bill Blankinshia were present, representing the owners. Williams asked, "Did you get signatures of the adjacent property owners?" Blankinship answered, "We got signatures from ail the adjacent property owners. as well as letters, etc. We did that prior to the Planning and Zoning meeting last month. We presented those to the city," Williams stated, "But you did send certified letters to the adjacent property owners." Blankinship stated, "I did not personally send them, I personally met with all of them and got their signatures, which is how the city ordinance reads, as near as we can follow at this particular time, the same people will receive a certified letter on the replat hearing, but the certified letter was not deemed adequate for the zoning hearing. We has a little community meeting out there and had everybody sign the thing." Mayor Glaisyer stated, "When they come back in for the replat, with the actual drawings, at that time we'll send out certified letters." Attorney Wayne Crookston stated, "Fora rezone, there is no requirement for certified letters to be sent to the adjacent property owners. Rezone requirement. is the public notice. The certified letters are in conjunction with the Conditional Use, they're sent to all owners within three hundred feet of the property." Mayor Glaisyer asked, "We can go ahead and approve it then?" Attorney Wayne Crookston stated, "Just make sure that when you transcribe the minutes, that is is done verbatim." Mayor Glaisyer asked for any comments from the public. There were none. Mayor Glaisyer closed the public hearing. Meridian City Hall .4. September 15, 1980 The Motion was made by Kingsford and seconded by Brewer to approve the Settlers Village Rezone from "C" Commercial to "A" Residential. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Settlers Village Covenants Mayor Glaisyer stated that Settlers Village has added an additional covenant that includes landscaping. Other than that, their restrictions are the same. Blankinship stated that they have developed more since they last presented it. The units are larger than originally planned. There was discussion over the map presented to show the improvements. Noonan stated that they were looking for a unity to all the plans. Blankinship stated that they have a dummy Homeowners Association plan that would take care of the park. Kingsford questioned the minimum square footage. Attorney Wayne Crookston stated that the city no longer had a residential moratorium ordinance. Orton stated that he was glad to see a change in policy and see this as a new proposal. Williams stated that the subdivision ordinances were not completed which may be more strict. This would upgrade the previous plans. The Motion was made by Brewer and seconded by Orton to approve Settlers Village covenants. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 4 Mitich Rezone - From "A" Residential to "C" Commercial Bob Mitich was present requesting a rezone for the SW corner of Linder and Pine from "A" Residential to "C" Commercial Limited Office. Brewer stated that the area was good for Limited Office. Mitich stated that he had no problem with complying with Ada County Highway District requirements. Mayor Glaisyer asked for any public comments. There were none. The Motion was made by Orton and seconded by Brewer to approve the Mitich Rezone from "A" Residential to "C" Commerical Limited Office, subject to design review. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 5 Arnold Annexation Appeal Howard Foley was present, representing the Arnold Annexation Appeal. Foley stated that there is fifty acres involved. They also wish to withdraw the request for two hundred feet Commercial, to annex the entire parcel as "D"Ligin't Industrial. Foley stated that Light Industrial was the best use for the property, it borders the rail- road. If it was Residential, it would be hard to find a developer to invest in property next to a railroad. If it was Commercial, the traffic would increase with a retail outlet. Foley stated that the property falls within the guidelines of the Meridian Comprehensive Plan. Page 8 states, "To encourage the kind of economic growth and development which supplies employment and economic self sufficiency for existing and future residents, and reduces present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character." Foley stated that this is the highest tax base for the property, it would supply free enterprise. This plan is within the City's economic policies and is contiguous in two places. i Meridian City Hall .5. September 15, 1980 Williams stated that this was purely land banking because there are no plans for the property to be developed by the present owners. The Motion was made by Williams that the denial be upheld. Motion died for lack of a second. Orton stated that this property has everything for annexation and Light Industrial is the best use. Brewer stated that he approves this proposal. Kingsford stated that he could only see one place that was contiguous. Mayor Glaisyer asked for comments from the public. There were none. Attorney Wayne Crookston stated that the notice had not been published fora proper hearing, this is an appeal. Also, the legal must be changed from part "C" Commercial to all "D" Light Industrial. The Motion was made by Brewer and seconded by Orton to send the request for Arnold Annexation back to Planning and Zoning for further review. Motion Carried: Kingsford yea; Brewer, yea; Orton, yea; Williams, nay. Agenda 6 Teresa Sidener was present to request a variance for a mobile home at 690 W. Franklin which sets on ten acres, family owned and which is necessary to take care of her invalid brother inlaw. The Motion was made by Brewer and seconded by Orton to grant a variance fora mobile home at 690 W. Franklin for as long as the present situation exists. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 7 Gem Estates Easements Jack Dowdle was present, requesting approval of Gem Estates Easements. Dowdle stated that the Preliminary had been passed with a 10' sewer easement, then J-U-B changed it to 16' sewer easement for the Final. Ward stated that the easement wasn't needed. There was discussion on the actual footage of the land for the easement. Kingsford suggested that they wait on a motion until the actual measurements had been taken. There was discussion as to who would pay for the added engineering services. P4ayor Glaisyer asked for public comment. Dave Reeves stated that thirty days after plat approval, the City or County must see that the property is developed as recorded. Attorney Wayne Crookston stated that it hadn't been initially plat approved. The Potion was made by Brewer and seconded by Orton that the City and Dowdle split the cost of the added engineering expense. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. .6. September 15, 1 8 Idaho Power Company Contract The Ptotion was made by Brewer and seconded by Orton to approve the Idaho Power Contract. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. 9 Turn Off Notice Hearing Sherman Louderbough, 433 E. 1st., stated that he had a rental house with an unpaid bill of $58.30. The Motion was made by Brewer and seconded by t•Jilliams that the city delete payment of the water, sewer and trash bill in the.a(nount.of~i$58.'30~~to~Shemman Louderbough. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, nay. Agenda 10 Engineering Report: Gary Smith, J-U-B City Engineer, presented a bill from Machinery West for 230 ft. of 3/16" ~iC~~n~gss steel cable, a replacement part for the secondary clarifier in the: amount. of The ~'oton was made by Williams and seconded by Kingsford to pay $189.52 to Machinery 4Jest fora replacement part for the secondary clarifier. Motion Carried: 4illiams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Smith presented Change Order #6 from Rodding Cleaning Machines for accounting fees in the amount of $1,916.30. The Motion was made by Williams and seconded by Brewer to pay Rodding Cleaning Machines for accounting fees, Change Order #6, in the amount of $1,916.30. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Smith presented Change Order #6, DVY Construction Contract with the Wastewater Treatment Facilities which states that there will be an increase of project completion date by one hundred eight (108) calandar days from February 12, 1979 to June 1, 1979. The Motion was made by Williams and seconded by Kingsford that Change Order #6, DVY Construction contract with the Wastewater Treatment Facilities be approved. Piotion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. The Motion was made by Orton and seconded by Williams to transfer $440.04 from the Water/Sewer Fund Account to the Construction Fund Account. P1otion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. The Motion was made by Orton and seconded by Williams to pay J-U-B General Engiheering Statement #5 in the amount of $254.52 to come from the Construction Fund Account. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 11 Department Reports: Earl Ward stated that there's a Water and Wastewater Advanced Operators School October 7, 8, and 9, and would like to send two people. Mayor Glaisyer stated that he would need to work it out with Sewer Commissioner Williams. Orton stated that he would like to send some of Bruce's people to the school also. ;:° ,_.. . _ ~~~ Meridian City Hall .7. September 15, 1980 Attorney Wayne Crookston questioned if he should pursue the matter of the trailer manufacturer on Cherry Lane. They had a business out of a trailer earlier which had been stopped. They are claiming Grandfather Rights. Mayor Glaisyer stated that at this time, nothing should be done. Roger Welker announced the Firemen's Picnic at 1:00 p.m., Sunday, September ?.1, 1980. Bruce Stuart reported that W. Pine's water meter had been removed. Orton wanted to clarify his voting position on the HUD Grant since he worked for Tudor Engineers which is the City of Kuna's Engineering Company, which may be competing for the grant. Attorney Wayne Crookston stated that he could vote in how the money would be spent. The Motion was made by Kingsford and seconded by Orton to adjourn the meeting at 9:40 p.m. Motion Carried: Williams, yea; Kingsford~ea; Brewer, yea; Orton, yea. ~-~ ~~ i y Clerk c: Mayor Council P&Z Clerk Treasurer Hein Attorney Bruce Vern Earl J-U-B Fire Chief Ada County Commissioners ACHD Ada County Zoning Director APA AIC Central District Health Nampa-Meridian Irrigation Ray Sotero «.4 ~ .„~;