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1980 07-21 AGENDA Meridian City Council July 21, 1980 ITEM: Minutes of previous meeting approved as read. Senior Citizen Representatives Introduced. 1. Wayne Forrey and Larry Sale - info application for HUD Community Block Grant for low to moderate income families. APPROVED pre-application for grant. 2. Brent Barrus - Variance for Meridian Glass to install septic tank. APPROVED, subject to bond approval and when w/s lines are within 300 feet of property, they will hook on. 3. Old Towne - Jim Potter - Request consideration as a supplement to city's Comprehensive Plan and Zoning Map. APPROVED general concept plan. 4. Ordinance #377 - Locust Grove Industrial Park Subdivision Annexation - APPROVED. 5. Engineering 6. Department Reports 7. Presentation of certificates to Wastewater Operators, 8. Request of variance from hooking onto water line for commercial use of main house, located at 321 E. Fairview. DENIED. Request for use of city fire hydrant to fill up a swimming pool. DENIED. Meridian Cif Hall July 21, 1980 Regular meeting called to order by Mayor Joseph C,laisyer at 7:30 p.m. Councilmen present: P,ichard Williams, Grant Kingsford, Bill Brewer, Rick Orton Others attending: Bruce Stuart, Earl 61ard, Gary Smith, Larry Sale, Wayne Forrey, Steve Gratton, Ken Ferguson, Vern Schoen, Roger !delker, Dan Grogg, Jim Potter, Brent Barrus, Ray Sotero, Mr. & Mrs. Martin Fabricius, P1r. & Pirs. Robert E. Daivs, Aline DeNardi, Roger Sherwin, Robert Keith Boyd. Minutes of the previous meeting were approved as read. Mayor Glaisyer introduced Dee Slack, Idaho Regional Planning Association. Dee Slack spoke in appreciation for the opportunity to explain structured activity planned for senior citizens in hleridian. Slack is involved more particularly with the Area Agency of Aging which develops senior citizen groups in the area. The nutrition class begins July 24th at DJ's Restaurant. There is a van now and property for a senior citizen center is being looked at now. Elizabeth Ryan was introduced as vice president of the Meridian Senior Citizen group. Mayor Glaisyer and Councilman lilliams complimented the previous activity of the senior citizens and offered their help any way they can. Agenda 1 Wayne Forrey and Larry Sale - J-U-B Engineers - HUD Black Grant program. Forrey spoke of some of the opportunities for the city in the HUD Block Grant program. He explained, "J-U-B has been involved with many HUD Grant programs and there is a change in the program that will be of interest to the City." "The type of grant attractive to smaller communities is the Community Development Block Grant Funds. Meridian is a member of the SP1SA Boise Metropolitan area in terms of HUD classification. There is approximately $190,DOO.OO~available this year, which is only available for Kuna-Meridian, Eagle and Garden City. Because of the low-moderate income requirement to get the money, Eagle has a difficult time qualifying." Forrey stated, "Basically they are here to explain how to obtain that grant money and what the community might think of in terms if the city should decide to apply for the grant. The type of projects that are generally eligible, are civic improvement projects, with the emphasis toward benefiting low-moderate income housing. Street, sewer, water, park and recreation projects are eligible. For example, streets and sidewalks could be repaired in low-moderate income neighborhoods - a new city hall could be built as all community would benefit." Forrey outlined the procedure of obtaining the HUD grant. The city would make a pre-application to HUD, the pre-application would be reviewed and compared to the other three cities (Kuna, Garden City, and Eagle) then the highest ranking application would receive the money. At that time, set application would be called for by HUD. At that point, any item that is undertaken by the community is a project eligible cost paid for by the grant. There are four block areas that are required before filing the pre-application - the citizens participation plan prepared, the pre-application itself. Citizens Advisory Committee would have to be formed. The pre-application deadline is November 15th. This grant is 100q money, $190,000.00, ho local match. A one year project. The pre-application itself is a substantial document, as the project could be ready to go by next September. The mayor questioned the use of the funds for replacement of sewer lines in the old part of town. Forrey stated it would pa,y for improvements inside the right away. Park ahd recreation projects do not rate as high as sewer project. Forrey stated the way to approach it is to have two public hearings at which the community would help make the decision to the way they want to use the money. To define the project, how many homes that would be effected, how many linear feet of streets or sidewalks the city is going to repair and so on. Forrey stated in the metropolitan area, anyone that makes $14,000.00 or less is considered low-moderate income - a door to door survey in the project area. must'be taken. Meridian Cit Hall .2. Jul 21, 1930 T is could be done by senior citizens, volunteer community, etc. Forrey explained Comprehensive Grant, or Single Grant which is very competitive as it is statewide. The Community with the most low-moderate income residents with the leaky sewer, water or health threat get the money. Ward stated that there is an infilltration problem with the sewer lines. The Motion was made by Williams and seconded by Kingsford to proceed with the pre-application for the HUD Community Block Grant as proposed by Wayne Forrey of J-U-B Engineering. Flotion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, abstain. Orton recommended that this be done under contract since this is a major item of work for the engineering firm. Agenda 2 Brent Barrus - Request septic tank for variance. Brent Barrus representing the proposed Meridian Glass and Screen, B $ B Business Park was present, requesting a variance from the city ordinance to allow a septic tank. Barrus stated that the location is west of Boise Cascade. is higher than the gravity flow and requires a lift pump. fora lift pump was denied. He stated he was unable to of line where it hooks onto Huico. That property owner does The only way to proceed with their building, is to out in time they can hook up. The only sewer available Their previous request Main right of way north of not desire to cooperate. a septic tank until such Boise Cascade refused a crossing because of numerous underground services, and is not a large line, the flow would be questionable, 1,000 yards with only 1 foot drop. Boise Cascade does not want their services disrupted. Barrus stated there are plans that show a trunk line down through their (Boise Cascade) property to directly north of his property, but there is no such line. Kingsford stated that this plan should be investigated and the responsible party comply. Smith stated these are private lines. There was discussion concerning the property that refuses sewer line for public use. Crookston stated that the city may have the power to condemn for public use for getting the sewer lines through. This would have to be researched. Brewer reviewed the plans of Barrus' Peridian Glass. Barrus stated that the sewer requirement would be equivalent to one fourth of a household. Water is not used in their manufacturing. Mayor Glaisyer stated that as much as he discourages a septic tank variance, he felt since Barrus has been a city businessman for over five years and a good citizen, that the variance should be granted with stipulation that in the future if and when property condemned, the sewer line would be put in place. Barrus asked that he be required to hook on to city services when they become within 300 feet. He did not want to be in a position to have to purchase the right of way if the Standley property was condemned. Engineer Smith explained that "When the B & B Annexation came to the city, there were three (3) alternatives to get sewer to Barrus. 1. to Boise Cascade, 2. across the street to Franklin Square, 3. north to Huico Phase III sewer. Phase III was stopped short because of the inability of obtaining an easement across the property that is standing in the way. Boise Cascade alternate has been exhausted and isn't acceptable. The crossing of Franklin Rd. to Franklin Square would require a pressure line, Barrus is lower, and Franklin Square right now is on a septic tank and a drain field and pressuring back up Franklin Rd. to a drain field. The city owns and maintains the lift station. In the future,Tower Plaaa will extend that line along Ten Mile Creek at which point Franklin Square would discharge into it and eliminate Franklin Square lift station. The crossing of Franklin Rd. is the only alternate outside the septic tank interim, although, the requirement of any lift station or sewage injector should be located on Barrus' property for his maintenance, based on maintenance problems of the city `.s existing lift stations." _Meridian City Hall 3. July 21 1980 In summary, Smith stated,"It is not a good engineered application to go across Franklin Rd. with a pressure line into a manhole. It would be an extreme expense for Barrus while waiting for a line to become available, even if the property of the uncooperative owner is condemned. The Motion was made by Kingsford and seconded by Brewer to accept the septjc tank variance for Brent Barrus, dba Meridian Glass and Screen, 560 W. Franklin, subject to bond approval and when w/s fines are within 300 feet of property, Meridian Glass and Screen will hook on. Williams stated in discussion of motion, that he was concerned of setting a dangerous precedent and there not being a time stipulation. Orton agreed with Williams. There was discussion concerning Barrus being in business several years and the fact this property was annexed with the intention of the building of Feridian Glass and Screen business. Brewer stated that he felt the city should make an effort to help this business. Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Williams, nay. Mayor Glaisyer instructed Barrus not to proceed until contacting the City Clerk or himself about the bonding. Agenda 3 Jim Potter - Old Towne Potter was present, representing residents of the area designated as Old Towne, properties west of Locust Grove, south of Fairview, north of Pine, and generally east of Five Mile Creek. Mayor Glaisyer stated, "The Council has already reviewed this proposal, and speaking for the Council, correct me if I'm wrong, we are not objectable to your concept. I personally feel we cannot endorse this tonight until our ordinances are complete. Until we know what we are dealing with, I say this should be put on the table." Potter stated, "l•~e are asking for - not an approval of the subdivision plan, per se but the approval to include the land use plan as developed for this future development as a part of the ordinances so that when the ordinances and zoning map become effective, they will be a part of it." Kingsford stated, "I agree with Joe and I agree with Annette Hinrichs that this needs to be renamed (Planning and Zoning) they have the ordinances now and are working on it. The Planning and Zoning is considering things you (Potter) are proposing now and it is my understanding that if they approve it through the public hearings, I have no objections to it. If it gets through both public hearings, I have no onjjections whatsoever. It would in fact be a part of that ordinance and I see no reason for your being here tonight." Potter stated, "The reason we are here tonight, on the part of the owners, they have received tentative propsals from several major development corporations and these development corporations are interested in the project and they would like putting price figures together and do their marketing studies and so forth. This is why we pursue this approach, to ask for recognizing this as part of those ordinances that would be adopted, so that these development corporations would have some positive assurance that the city would consider or recognize this type of development in that area." Williams stated, "Number one, the Comprehensive Plan is general in nature, we see by the map on display of policy diagram. Number two, this would not be included in the ordinances as the city has no jurisdiction on that land, it is not a part of the city limits of P~eridian, Idaho." Potter stated, "A portion of it is." Williams stated, "Until request for annexation comes in, it is a mood point to talk about this. We have stated previously that the concept generalities as proposed awhile back was a good beginning. But at this point, until there is annexation, we are wasting everybody's time, the Comprehensive Plan does not speak to specifics, we tried to avoid this - getting down to lots, corners of being zoned a certain way." Meridian City Hall July 21, 1980 Williams and Potter disagreed upon the Comprehensive Plan speaking to this project. (Tape on file with these minutes.) Orton stated, "Since there is a general agreement with the concept, obviously on Planning and Zoning, it seems we are talking about mechanics and what this is going to be used for. It's my feeling that we do, even our policy diagram, plan in general terms even beyond our limits. And that's so when it does come in, people will know what our ideas are. I think if we can find a tool to give Jim (Potter), some sort of positive indication to go ahead, I think he has done a very commendabl? .job in pulling together a bunch of individual property owners, put them in a comprehensive schematic that they are committed to themselves, we will end up in our planning effort, with a much better product than if we waited and allowed each individual to sell to the highest bidder and come through here with individual proposals. Now I know realistically, if we were to adopt this, went through all the public hearings, not everybody in there is going to comply. If we do adopt it, at least for the parcels that are committed, we will have a Comprehensive Plan that is satisfactory to them and meets our requirements." Orton asked Potter what the mechanics from this point on are. Potter stated, "If we could have an approval motion of some type adopting this as an overlay of Comprehensive Plan or as a supplement, or a part, whatever makes the Council more comfortable, then I believe the development corporations that are interested would be in the position to proceed with development of their market analysis and their studies, so that when ordinances are adopted, design could proceed and the city could look forward to development of this program." (Tape on file.) Orton stated, "Would it be understood if there was conceptual approval and direction to give Planning and Zoning, since this meets your approval, and the concept seems to be ours, lets take it through the planned amendment process, you understand there mioht be 400 people come in and object and it would never get adopted." Potter stated, "We recognize that, this is why we presented this first to Planning and Zoning and you folksgot a look at it at a rough stage, why we felt at that time, an amendment to the Comprehensive Plan was not necessary, as Mrs. Hinrichs stated in her comments, because it is merely greater detailed that whet is in the Compre- hensive Plan." (Tape on file.) There .was much discussion concerning the adoption of the proposal for the zoning map, the endorsement by Planning and Zoning, provision of the Comprehensive Plan to develop land use plans, and argumentation. (Tape on file with minutes.) :Williams cautioned using the same terms, and not to throw the Comprehensive Plan, `coning map and Policy Diagram as the same thing because they are not. Potter stated, "The proposed ordinances provide fora planned development, that's fine, we're looking at this time, as a means, a vehicle to put together 28 ownerships, work them into a pattern that could be developed, either by single entities or multiple entities and in no case involves more than three ownerships in any given block of land. Based upon that, the residents of that area, recognizing there is a moratorium, discussed at length with Don Sharp, together recormnended this procedure, that we seek approval of the concept, the land use plan, (displayed land use diagram) be adopted as a supplement or an overlay, or part of the Comprehensive Plan. Further in our comments last Monday night, that approximately 75% of the ownerships, once the ordinances become complete and subject to the marketing studies of the developers, immediately plan on approaching the city for annexation. At that time, the city would have this tool of a land use plan ready to give the map as zoning. Basically, we are asking for, at this time, based upon the rest of the information in this document of this land use plan, as a part of the Comprehensive Plan for that area." (Tape on file.) Kingsford asked, "Wayne (attorney) hasn't that got to be an amendment to the Compre- hensive Plan?" Crookston stated, "Any change in the Comprehensive Plan, more detailed or less detailed, is a change." Kingsford stated, "This is the one concern I have. I have no problem with. it." ..~s.~ti, ~~ idian Citv Hall 21, 1980 Potter stated he thought it did not require an amendment to the Comprehensive Plan. (Tape on file with minutes.) Mayor Glaisyer stated, "We already have approved the concept, lets get on with business and get our ordinances completed, and say we are going to put this in a planned development, don't get the idea you are going to amend the Comprehensive Plan, you can only do it twice a year, it's costly and miserable, a planned development is up to us, he's already given us the plan, the ordinances will. be complete, you know what the densities wll be ,, and then we go to work, it's that ' simple:: Why make a bi;g issue out of nothing." (Tape on file with these minutes.) Potter repeated again, as he stated before in these minutes. (Tape on file with these minutes.) Mayor Glaisyer stated,"We are going to approve the concept, and that lets Jim keep going to work. When the ordinances are complete, we know what densities we are going to have, we know how many transfers there's going to be for densities. So, O. K., bring in the legal descriptions for annexation - now we are going to annex this piece of land and that's the concept we are going to use. That's what a planned development is all about." (Tape on file with these minutes.) The Motion was made by Kingsford and seconded by Orton to accept the general concept plan by Mr. Potter, Old Towne. Motion Carried: Kingsford, yea; Brevaer, yea; Orton, yea; Williams, nay. Williams protested the use of Old Towne, as Old Town is a designation in the Comprehensive Plan and stated that the concept is there, but as far as any specific planning, people are taking a chance. (Tape on file with these minutes.) Agenda 4 Mayor Glaisyer read Ordinance-#377 entitled: AN ORDIPJANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY IJHICH IS DESCRIBED AS FOLLOWS: PARCEL I - LOCUST GROVE INDUSTRIAL PARK SUBDIVISION, And PARCEL II - S 1/2 OF THE NE,1/4 of the SW 1/4 and the SE 1/4 of the NW 1/4 of the SW 1/h of Section 8, T. 3N., R. lE., B.M., all in Ada County, Idaho, except Railroad right of way, TO THE CITY OF hERIDIAN, ADA COUPJTY, IDAHO, ADJACENT AND COPJTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. The h1ayor called for anyone wishing to have the ordinance read in its intirety, there was no comment. The Motion was made by Williams and seconded by Kingsford that the rules and provisions requiring that ordinances be read on three different days, be dispensed with and that Ordinance Number 377, as read, be passed and approved. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 5 Engineer Smith reported on the cross connection authorities. Smith requested the Council's method of financing to implement the cross connection ordinance. Orton stated that a few standard inspection categories should be identified for commercial, residential and industrial and put a fee schedule right in the ordinance for those inspections. He stated this should be the water department`s responsibility. Smith is to establish the cost. proposal and then. to Stuart, Public Works Superintendent to check if it is adequate. Agenda 6 Chief of Police Sherwin reported on drinking (alcohol) in the parks. The department is trying to enforce the ordinance prohibiting drinking in the parks, but the ball diamonds are presenting a new problem during 6ai1 games. There was discussion concerning the drinking at the park. Brewer stated that the implementation of permits had been studied, but the city has an ordinance and admitted that the ordinance should be enforced in its intirety ::.,:~ wok . ~ .._, .. Meridian City Hall .6. July 21, 1980 or else the city will have a very real problem as in other parks. He proposed putting notice in the newspaper and putting signs up. The mayor instructed the chief to carry out notices. Agenda 7 Williams presented certificates to Keith Boyd, Class II Wastewater Operator from the chairman of the Wastewater Certification program. To Dan Grogg, Class I Wastewater Operator, from the director of Association of Idaho Cities. Williams commended the men on their accomplishment. Agenda 8 City Clerk reported that Ralph and Loren Ross had requested variance from hooking onto water line for commercial use of main house, located at 321 E. Fairview. This is located in Chapin Annexation to the rear and east of the Rocky Mountain Meat (originally Ross Furniture.) Fire Chief Welker stated that any time this house falls out of the realm of a dwelling, it must be brought up to fire and safety codes for business use. As this house is within 300 feet of service, it was the feeling of the Council that the hook on to city service must be complied with and brought up to codes. Orton stated that he has an unusual request from Mr. Bolen, Cherry Lane Village, to use city fire hydrant to fill up his swimming pool. Bolen is willing to pay for time and water. Welker stated this has been turned down before in another request such as this Attorney Crookston reported that the electrical inspector had requested a letter directed to the pool builders for Mr. Bolen because of an electrical code violation. The Council's decision was that this request be denied. There being no other business to come before the Council, the Motion was made by Kingsford and seconded by Brewer that the meeting be adjourned at 8:47 p.m. Motion Carried: Williams, yea; Kingsford, Brewer, yea; Orton, yea. ./ ~ ~Ci ty Clerk cc: Mayor Council Planning and Zoning Hein Attorney Bruce Vernor. Earl J-U-B Fire Chief Ada County Commissioners ACRD Ada County Zoning Director APA AIC Central District Health Nampa-teridian Irrigation City Clerk Treasurer ~:il } th 4.d { ... ... ORDINANCE NO. ~/~ AN ORDINANCE ANNEFATING AND ZONING CEP.TAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: PARCEL I - LOCUST GROVE INDUSr"RIAL PARK SUBDIVISION, and PARCEL II - S 1/2 of the NE 1/4 of the SW 1/4 and the SE 1/4 of the NW 1/4 of the SW 1/4 of Section 8, T. 3N., R. lE., B.M., all in Ada County, Idaho, except Railroad right of way, TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, lPJACENT and CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said City to annex to the said City certain real property which is described as follows; PARCEL I: Locust Grove Industrial Park Subdivision, as recorded at pages 3391 anal 3392, Book 41 of Plats, Ada County F.ecorder, 30 acres, more or less; and PDRC'F'T. TT- The South one half of the NE 1/4 of the SW 1/4 and the SE 1/4 of the NW 1/4 of the SW 1/4 of Section 8, T. Std. , P.. lE• , B.t1. , in Ada County, Idaho, except Railroad right of way (30 acres more or less). NOW, THEREFORE, BE IT ORDAINED BY mHE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, Section 1. That the aforementioned real property, which is described as follows: PARCEL I: Locust Grove Industrial Park Subdivision, as reearded at pages 3391 and 3392, Book 41 of Plats, Ada County Recorder, 30 .acres, more or less; and PARC'_ET, II: The South one half of the NE 1/4 of the SW 1/4 and the SE 1/4 of the tdW 1/4 of the SW 1/4 of Section 8, T. 3N., R. lE., B.M., in Ada County, Idaho, except Railroad right of way (30 acres, more or less). be and the same is hereby accepted upon the condition that the AMBROBE, FITZGERALO, CROOKSTON City shall have design review of all improvements to be placed 8 McLAM Attomaye antl Counaelon P.O. Bos 127 Merltllen, Itla~o B7BIt Tslapllone 8861181 7 '. ~~ on the above described premises, that the property shall be platte ..... within one year from the effective date of this Ordinance, and that the property shall be connected to City water and sewer facilities at the owner's expense at the time the final plat is recorded; and said premises shall be made a part of the City of Meridian, Ada County, Idaho and shall be and the same hereby is zoned "D" INDUSTRIAL LIGHT USE. Section 2. That the City Clerk shall cause one (1) copy of the. legal description and map which shall plainly and clearly designate the boundaries as altered,. to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within 10 days following the effective date of this Ordinance. Section 3. This ordinance shall be in full force and effect AMSROSE, FITZGERALO, CROOKSTON 8 McLAM Attorneys and Counselors from and after its passage, approval and publication as required law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~ d y of July, 1980. ,ii ~:T,T~r s T i ~ ;X C~i ty Clerk P.O. BOx 12T _. _. Meridian, IdMo 83&14 TaleDBOM 1 1. I .. '~. ., ~ i STATE OF IDAHO, ) ss. County of Ada, ) ,._ ~.... .,,,....,....,,.,..,......~--•-....._..., I, LaWANA L. NIE.MANN, City Clerk of the Cxty of Meridian, Ada County, Idaho, do hereby certify that the .above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AN11 ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: PARCEL I - LOCUST GROVE INDUSTRIAL PARK SUBDIVISION, AND PARCEL: II - S 1/2 of the NE 1/4 of the SW 1/4 and the SE 1/4 of the NW 1/4 of the SW 1/4 of Section. 8, T, 3N., R. lE „ B.M., all in Ada County, Idaho, except Railroad P.ight of Way, TO THE CITY OF MERIDIAN, ADA CCUNTY, IDAHO, ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAS-IO", passed as Ordinance No. , by the City Coun ~.~1 and P~?ayor of the City of Meridian, on e~ day of -_G~~~a_' 1980, as the same appears in my office. DATED this ~~~day of , 1980,. f. ~ ` ,. , r_,.._ <<.~ ~~- '~~: ,,, ~ Clerk of t e C'ty o P4eridian, • - A a County, Idaho ., '. STATE OF IDAHO, ) ss. County of Ada., ) On this ~ day of , 1980, before me, the undersigned a Notary Public n a 'for said State, personally appeared LaWana L, Niemann, known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, Notary Public for Idaho 3 " Residing at Meridian, Idaho ` QS`'E c71 TI OF AFB ~ ~ ^"Y cr TOA, >a. F ~ ^„ ~ co .~ , r, Inh i~-7Y irl;rt hns~ nn. gMSROSE, FITZGERALD, CROOKSTON 8 McLAM Atiwneye antl Counselors P.O.GOx /2] Mer10Mn, IENo &9812 TelapMns88&M61 ,r