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1981 12-21i i AG'EN DA Meridian City Council December 21, 1981 ITEM: Minutes of the previous meeting held Dec. 7, 1981 - APPROVED Correct minutes Item #8 - Should read only Beer License transfer - Spud Hut 1. Public Hearing: Jerry 0. Mortensen, CLU Rezone hearing "A" to "C" L-0 540 W. Cherry Lane 2 3 4 Public Hearing: Meridian Manor #3 Square Footage Hearing - APPROVED - TABLED UNTIL JAN. 4TH, 1982 Custom Wood Products John E. Krishnek and Attorney Gary Lou - ACTION DELAYED FOR ONE MONTH PROGRESS REPORT JAN. 4TH, 1982 Gem Fabricators Dee De Moss - ACTION DELAYED FOR ONE MONTH PROGRESS REPORT JAN. 4TH, 1982 5. Department Reports i ~ Citv Hall 21. 1981 Regular City Council meeting called to order by Mayor Joseph L. Glaisyer at 7:30 P.f4. Councilmen present: Richard C. Williams; Bill Brewer; Rick Orton Jr. Grant P. Kingsford, P,bsent Others present: Bruce Stuart; Doug Nichols; Vern Schoen; Gary Smith; Roger ldelker; Skip Voss; Earl Ward; Ron Tolsma; Gary H. Lew; Art Davis; Jerry Mortensen; Cindy and P1ike Hedge; George R. Carey; Aarn L. Burtzoff; blilliam R. Carroll; John Krishnek; Erik Gabrielson; Coenraad Abass; Ray Sotero; Wayne Crookston Minutes of the previous meeting held December 14, 1981 we approved with the correction of Item No. 8, Striking the approval of Wine License to read approval of Spud Hut Beer License only. i Agenda PUBLIC HEARING: Jerry 0. Mortensen, CLU Rezone from "A" to "C" L-0 540 W. Cherry Ln 1 Mayor Glaisyer called the Public Hearing open for Jerry Mortensen Rezone from "A" Residential to "C" Commercial Limited Office for property located at 540 W. Cherry Lane. Jerry Mortensen: "I have recently purchased this property to remodel into an Insurance office. t~ty property is located just west of the Circle K and has an old stucco home, right on the corner of Crestmont and Cherry Lane." Councilman Williams: "Did you purchase the lot right next door, the contractor's yard? f~ortensen: "Yes" Williams: "So what you are asking for is that the whole parcel be zoned to limited office?" Mortensen: "fdo, the lot is Commercial already and behind us is Commercial - half of that lot behind us is Commercial. I'm asking that the lot that the homeis on be changed too - limited office, or whatever that is termed." Williams: "Not the rest of it?" fortensen: "fdot the lot to the west of it, no." Councilman Orton: "What's currently on that lot west of you?" fortensen: "Just a bare lot. It had a chain link fence around it. The fence is down now and the lot cleared off. I don't have any plans for it at this time - I bought it so I could control vahat would be next to me. I didn't want that chain link fence next to my office." Williams: "I guess the only concern I have is a Commercial development starting along Cherry Lane. That lot was probably zoned Commercial seven or eight years ago, Ted Hepper used it as a storage lot. bJhen we do our zoning ordinance it could be changed to limited office." Mortensen: "I would agree to that because in a long term I would probably try to build another office on it." Williams: "Will you bring this up to Code?" Vern Schoen, Bldg. Inspector: "He has already discussed that with me." Mortensen: "I intend to do that" Councilman Brewer: "What do you intend to do for off-street parking?" Mortensen: "I show this in the plan" "I have already torn the garage dovdn in the back of it" h1ayor Glaisyer: "Since this is a Public Hearing I will now open the hearing up to the audience for comment." No response. "If there is no public comment I will close the hearing to the public." "Is there any comment or questions from the Council?" Councilman Orton: "I think this has some merit changing the zone ahd getting that property used Commercial with the property to the north, to the east and west, and across the street to Lice south. I think it would be a good group of commercial buildings in there. I'm glad to see that he has the parking back off of the street. Is this house on water and sewer now?" Mortensen: "It's on sewer. It was stubbed off when Crestmont was put in and we intend to hook-up to that new stub. For some reason has not ever been put on water. We intend to hook on to water." Councilman Williams:. "As per.P7anning and. Zoning recommendation he should participate ip the Highway Improvement program when the improvement occurs." • • idian Citv Hall (Agenda 1 (Cont'd) P1ortensen Rezone...... r 21, 1981 Orton: "Have you agreed to comply with those Highway development program as it occurs?" f+tortensen: "Yes, as it occurs. I wrote a letter to the Highway Department to that effect." Orton: "At times when improvements are required they do take a bond - the bond covers the full amount of the improvement, thereby they control the timing and so- forth of that." Williams: "This stretch has already been designated and planned for improvement - I think that the only concern at ACRD is with easements and purchases of right-of-way, because this is already programmed under Urban "D!' Funds -maybe we will never see that but we are programmed for it." Mortensen: "I'm not understanding all that you're saying but I want a record to participate with the improvement when it happens." The P1otion was made by Bill Brewer and seconded by Rick Orton that the Council approve the request of Jerry 0. f•1ortensen fora rezone of 540 West Cherry Lane from "A" Residential to "C: Commercial Limited Office; that the property hook up to City water and sewer, and that the owner participate in the expansion of Cherry Lane at the time of improvement with Ada County Highway District." Motion Carried: Williams, yea; Orton, yea; Brewer, yea Agenda pUBLIC HEARING - Meridian Manor #3 Square Footage Requirement for Housing 2 f~layor Glaisyer: "The Public Hearing for Meridian Manor #3 is now open." Art Davis: "I represent Bedelco for this request to change the restrictive covenants Section 2, paragraph(c),to comply with the City Ordinance 383, dated January 5, 1981 recognizing the sizes of the homes to be adjusted upon the percentage basis." Councilman Williams: "The ordinance states that under the disbursement, they shall not be grouped - they shall be disbursed throughout the Subdivision. I noticed on Block 2, Lots 12, 13 and 14 altogether represent 40% of the homes 1000rfeet or under and I,quite frankly, don't think that is disbursement." Art Davis: "This is not a problem. Whatever Mr. Schoen's recommendation, and your recommendation is we will change. We were trying to put the 1100 sq. ft. homes on the regular sized lots." Williams: "I live in that area and I have had several people call me about this because their homes are substantially larger than that and they are very concerned." Art Davis: "VJe will change this to comply with dispursal." We want to build a home economically, we can't put a 1300 sq. foot home on every lot but will put as big as house as we can. With the duplex lots along there we could have done a split and got us another 1000 or two 1000 sq. foot homes - we left them at 1200. We want to build a home that people can economically get into. These same developers built the homes that you refer to in Meridian Manor No. 1." Councilman Orton: "Now, currently you are under the old 1350 sq. foot requirement?" Davis: "That's correct." Orton: "Have you made an active effort to sell a house that large in this market?" Davis: "We have sold homes and the homes we will be building in there, 1423 sq. feet home will be build on a lot that requires a 1300 sq. foot - that is what we will do as far as the Bedelco people are concerned. We want to change the restrictive covenants because it does not say double garage and it should - we want to do that. We want to build an energy effecient, small, two bedroom home that you can get finance for." Mayor Glaisyer: "This is a Public Nearing and I will now ask anyone from the public to please step forward and state your name." Erik Gabrielson: "My house is in a way of the lots in that circle of Block 2. amending - the covenants of 1979?" City Clerk: "That is the last covenants that would be abutting against at least two First of all, which covenants are they submitted." Meridian Ci Agenda 2 (Cont'd) Meridian P1anor No. 3.......... December Gabrielson: They specify in that, as far as Humber 2, Item (a) the lots for multi-family will be lots 10, 13, 15, 24, 25, 26, 27, 28, 29 and 30 of Block 4. I just ..want to make sure - I obtained a copy of the older covenants the other day. My understanding was that when this was last presented in the first part of 1979, that there was tentatively 93 lots in that platting - has that been amended since that was first presented?" Vern Schoen: "I came up with 103. I think these two were originally in the well lot." The Plat of Meridian Manor Number 3 was displayed. Gabrielson: "It was original 101 lots as teridian Manor No. 2 and then they upgraded to Meridian Manor No. 3 and cut it to 93. Maybe I'm mistaken and going in the wrong direction." Councilman Williams: "When the original plat came in, if I remember right, they had Commercial on Meridian Street - some spotty Commercial - off of Willowbrook and Peridian Street - I think that was changed from Commercial and that I think was where they got the extra lots." Gabrielson: All I have to go by is what I picked up here last and from several accounts I come up with a total of 93 lots that have been platted in this plat." Schoen: "I went aver this several times and I think this were to be"existing lots" I think would make it 103. Wow, maybe the difference would be that you have to figure a duplex as two units. That may be where you figured it different." Gabrielson: "O. K. that might be the difference there. I was going by total lots." Schoen: "When I look at a plat like this, I only figure the percentage to make sure he was right - I had nothing to do with the description of lots." Gabrielson: "So, they are stating that on the duplex lots that they will have two 1300 sq. foot duplexes, or two 1300 sq. foot homes?" Schoen: "That's right." Gabrielson: "Then there will be 2600 sq. foot on thos 1300 sq. foot designated lots." I would like to point some items in Ordinance 383 which states that 9-615, Item 4 that all houses below 1300 square feet shall be interspersed uniformly throughout the entire development. And, under Item 2 it says that"All new residential housing developments in the City shall be designed to insure compatability with adjacent existing and/or proposed developments." In Block 2 there are four (4) lots that are attached, which are adjacent, abutting existing homes,that are at the lowest square footage size of 1,000 sq. feet. I feel that they should be interspersed without the full subdivision.- I feel that my property will be affected by only a 1000 sq, foot home in my backyard basically. These two points I brought up are not in compliance with Ordinance 383." Vern Schoen, Bldg. Inspector: "One thing I would like to point out - he could have had one more 1000 sq. foot house to bring up to 10% but he moved up into the higher sq. footage." Mike Hedge: "I live on the corner of Crestmont and McGlinchey. The majority of the people that are affected by this, we weren't notified until just a few days ago. Since this hearing is held during the Holiday Season there are a lot of people that couldn't make it tonight. My biggest concern is when the gentlemen stated they will be willing to disperse the lots - I would like to see the Council not act upon this tonight and let the gentlemen put together what he want's to do to coordinate this and then come back at a later date. Then at that time it would give the residents that are affected a little more time so that they can come in to find out what they are directly affected by. Those of us that are here tonight would have a better chance to see if he is going to disperse the lots, where they are going to be and how it's going to affect us as each individual. I'm really personally concerned, the last time we were down here they talked about changing some lot sizes and added some duplexes. When I bought my property one of the things I was told was "yes, my subdivision would be extended and it would be basically the same as it was." Now, we are looking at them again and they say they want to down-size the homes and they still haven't built anything out there, or done anything since they put the streets in. We were concerned about traffic and we have found out the Crestmont has turned into a Freeway - I'm just concerned what's going to happen after we grant this - are we going to wait another year and they will come back and want more? I am the owner of the home where I'm at and will probably live there forever because I can't afford to leave that house. I hope that you will take this into consideration." Meridian_City Hall .4. December 21, 1981 Agenda 2 (Cont'd) hieridian Manor Plo. 3........ Mayor Glaisyer: "Anybody else that wishes to comment at this time?" No response. "If not, I will close the public hearing at this time." Art Davis: "I would like to comment regarding the size (housing). In November I took this to Mr. Schoen and had it checked. If Mr. Schoen would like to put the square footage in those lots we have no problem on this. What we want to do is build to make it more presentable to everybody." Orton: "Vern, are you the one that should be placing the dispersal on these lots?" Schoen: "I do not place them - I just use the percentage basis to make sure we have covered it - I helped him on a large decision to make a boundary. I didn't even consider the situation." Williams: "I have been on the City Council for six years and this development has been in one stage or another in that six year time - I don't think two weeks would hurt us." The Motion was made by Williams and seconded by Orton that the Council table hieridian Manor Plumber 3 Square Footage Housing requirements until the January 4th, 1982 meeting so that Mr. Davis and Mr. Schoen could work together to resolve the situation on Block 2 so that the residents can feel comfortable with the designated square footage on housing." Motion Carried: Williams, yea; Orton, yea; Brewer, yea Mayor Glaisyer: "I don't see any problems with this - redesign your plat and give it to Vern and we will have it available for the residents to come and take a look." There was discussion and Mr. Davis stated that the change of housing square footage on the plat would be available at the City Hall within two days. Agenda Custom Wood Products - John E. Krishnek and Attorney Gary Lew 3 Gary Lew: "I am here on behalf of Custom Wood Products. We recently received a letter from Vernon Schoen, Building Inspector, who apparently made an inspection of the facility and listed violations. The letter states that with so many violations the business must be closed down until all violations are corrected. I have with me John Krishnek who is the President and the sole owner of Custom Wood Products, Inc. We want an opportunity to discuss, not so much as violations them- selves, but what we might be able to do to set forth some guidelines for trying to correct any of the violations, while at the same not requiring h1r. Krishnek to close his operation. Basically his is a very young business - not quite a year now and was originally started in his home before moving out to the Meridian Storage Area. It certainly has not been his intent, or ever been his intent, to violate any of the ordinances, building codes or anything. This is apparently something that has happened. He has tried to set down this last week since he received this letter to get bids, quotations, architect, trying to set out a scheme of plans which he could propose in a way of a schedule as far as meeting all the requirements to correct these violations. I will turn this over to Mr. Krishnek so that he can explain his organization and what he is proposing on his time schedule." Krishnek: "I appreciate your time and sorry for the inconvenience of these problems." I started out very very small with the idea that this would be more of a hometype project and since being a recovery victim of a State Industrial Accident I wanted something to do. This project grew and I couldn't handle it at home so I spoke to hieridian Storage and went ahead moved in. And again I had no idea this was going to happen. At the time I had expanded once and we are getting ready to expand the third time perhaps. I started out with my son and myself - today we employ 21 people. Since there is a slack I laid my second shift off and have been working with a skeleton crew and practically the clock round to get everything caught up. My clientele is such as fioff's, Garden Pacific, Boise Cascade, Huff's Lumber Wholesale and of course we do some retail. We are being looked at by a large organization and this would be a tremendous contract, bringing employment to the Peridian Citv Hall Agenda 3 (Cont'd) Custom 6Jood Products....... 21, 1981 community with possibly 60 to 70 people. I'm in hot water gentlemen and I don't know what to do. I started out very minimum and there's a gentlemen here from the Labor Commission that can vouch for how I got started, got paid, what I've put in, what I'm faced with such as putting in a blower system - I didn't go into sophisticated equipment, I had small equipment, reasonable to get into,does a good job. Prior to this inspection by Vern, I received a letter written to me on December 11th, stating to me the installation of the blower system and the delivery time which is four to six weeks. Along with this I have noted out here various items that must be done, very tentative brief schedule as an attachment to that. I was advised that the sprinkler would be taken care of after we moved in there - and the housekeeping - I employ two people from TAPS (mentally retarded & handicapped) and their sole purpose in our plant- unfortunately when you are running six mills you are bound to have shavings and dust- their sole purpose is to sweep it and keep it shoveled. So consequently they were doing this and when a truck is out and they can't get it loaded, naturally it takes a little longer and the dust begins to build up. To the degree that was mentioned at the side of the building - that morning we were cuttiny material that we ship to Tokoyo, Japan - a contract we have been negotiating on and we have been approved by the way - but these shavings were cut and laying there and we just hadn't had the time to do anything about it. At the end of the day we always cut these up and put them in a trailer and then we had some other debris that was setting on the side and was covered with paper through the wind and hadn't been uncovered. Anyone can tell you here in Meridian that I always hire the handicapped, and donate every piece of wood that I can to the Senior Citizens - a lot of that has been piled up there, I wanted to explain but didn't get the chance to explain - I could sell it but someone needs it worse than I do. What I am asking for - I spoke to the Architect and tells me that on or about January 29th, 1982 he could have a full set of architectural drawings as so specified. And in order to do so it would cost me approximately $3500.00. My question is with the Landlords consent and we did build- there is an office there -I needed a salesroom and office combination - and we went ahead and built it, using the existing walls and other walls, use 2x8 for rafters, I have carpenters on my crew and if they accomplished this task, and if everything we have ever manufactured to that point is displayed within the contents, and sprinklers were not down iri there - I was advised they would have been if they hadn't been so I'm sorry about that. Now, does your requirements spell out your architectural drawing to cover that and the entire building or that portion of the office that we erected? Then on our expansion after we were there perhaps a month and we leased the adjacent bay and pay the expense of the other people that moved on down a bay, with the same landlord we moved the wall, the bay, we moved electrical - what really is required? Of course I realize you want to see the layout to the blower system. How extensive do we have to be with the architectural drawing - I'm trying to save every dollar I can." Williams: (addressing Vern Schoen) Is this zoned Industrial? I thought when Nlitich came in they were not going to have any manufacturing and it was going to be storage?" Schoen: "The front part can be other than storage and zoned industrial" Brewer: "Are you facing Linder?" Krishnek: "Yes, I'm in where the welding shop used to be" Williams: "I can appreciate what Mr. Krishnek is saying but how expensive are a building permit and things of that nature. Some of these violations are very serious- Fire hazard." Orton: "Have you authorized your architect to proceed at this point or have you done anything since you were first notified on this? Taken action like purchase equipment, start to build, engage somebody to design it?" Krishnek: "Yes sir, I've been researching that for some time." Orton: "Have you placed an order fora blower?" Krishnek: "No sir, I haven't." Krishnek then explained the Johnny Bean Equipment Madison Blower. (Tape cn file) "This blower has just become available and it would take four to six weeks for delivery. There are other items I was asking about -a wood chopper." There was more discussion wiring and blowers, etc. (Tape on File) Councilman Orton and Krishnek discussed the electrical wiring expense at length. and the fact that Custom Wood Products would have to close down at length. Tape on file. Meridian City Hall .6. December 21, 1981 Agenda 3 (Cont'd) Custom Wood Products....... Brewer: "If you .could list priorities as to what you could start tomorrow - schedule the work out, what materials were received, construction drawings received, that plus change your housekeeping program to the point that Vern could go in there anytime, anyday and not find what he found on that particular day (12.4.81)" Krishnek: "When we get that blower in - that's 90% of it right there." Poore discussion on the blowers. (Tape on file) Williams: "Vern, on No. 6 (letter dated 12.15.81) you state "Some electric wiring without a permit and none of the wiring meets State Electric Code for the new occupancy" -you say none of it meets electrical code, does this mean it'a all in Romex and none of it is in conduit?" Schoen: "flow much time does the Electrical Inspector give you?" Krishnek: "January the 4th" Schoen: "Then the 4th of January is has to have completely rewire with explosive proof wire - and light fixtures. That's ~ problem with the State Electrical Board. It's in conduit but not the proper conduit." There was considerable discussion electrical wiring. Pictures were displayed Discussion concerning fire extinguishers, fire walls, architectural drawings. (Tape on file) Vern Schoen: "I think this is a serious situation and the fact is that lives may be at stake. Whatever the decision it must be the Council's - but make it a Council decision, not mine." P1ayor Glaisyer: "Sir, would you repeat your name and who you are with?" Dennis Wheeler: "My name is Dennis Wheeler and I am with Idaho Industrial Commission Rehabilitation on Workmen's Compensation. I am here as an unsolicited person - I had heard about John's problems through an employee and I just come to inform the Council that I hope there is some kind of compromise can be reached because we have several rehabilitation clients that John has hired. He has made work available and training available to them. Several insurance companies and State agencies have invested in these people to retrain them and make productive after industrial injury. So, I hope some reasonable compromise can be made, keeping in mind that I know John does have to meet the Codes - if he could do that over a period of time ." P1ayor: "Are you in anyway connected with the Labor Relations Board?" Wheeler: "No sir" Mayor: "Mr. Krishnek, I understand that there are several complaints filed with the Labor Relations Board, is that true?" Krishnek: "This is being rectified" Mayor: "I also here-you are behind in your rent." Krishnek: "I won't be tomorrow afternoon." Mayor: "I also have a non-sufficient check made out to the Ada County Assessor Krishnek: "That was in error and I have been trying to get down here and haven't had a chance to get here. Yes, I have been contacted." Williams: "Did your Insurance Company come out and inspected this area?" Krishnek: "Yes sir. I wish I had known about your policy." Williams: "It's not a policy - I have an inspector that comes out twice a year and if they saw that in my place I would be strung up and nailed to the wall." Krishnek: "When we renewed our policy there were two people that gave us bids. When we went through the plant and I explained to them what I was doing, at that time I was researching and now we have found a blower system, and it stated right in the proposal that upon such time that a blower system is installed your policy should be reduced. approximately 25%." Orton: (addressing Attorney Crookston) "I've seen safety violations and the plant keeps running - do we assume any unecessary liability allowing this fellow to run at this point?" Crookston: "I think it is the City's responsibility to enforce it's Building, Fire and Life Safety Codes, although I don't think there's any liability for failure to do that unless there is gross negligence - wont and ~aillful - there's that liability. ian Citv Hall Agenda 3 (Cont'd) Custom Wood Products..... It just becomes a question as to whether or not you want to work with him and give him some time to correct the violations. I think there could be liability if we alloeved it to go on and on. Similar to enforcing any other type of ordinance - once you become aware of it and it's a problem and you don't take any action at all, then you are certainly open to much more exposure. But, if you take some action then I would think there is probably no liability." That's not to say you may not be sued." Orton: "I would certainly like to see us find a way to keep this gentlemen's building open but if we do grant any kind of extension, at the end of that extension I would li4:e to see a number of these items acted upon. For example: confirmed orders on the equipment, drawings on preliminary or final from your architect. We are mean if we close you down and we are negligent if we don't. If we could put you under some deadline that we could track over the next two to three weeks - I don't think that this schedule that you provided is completely thought out, I would like to see that compressed significantly." Krishnek: "I just based it on delivery time. January 29th or maybe sooner." "It will probably take four or five days for the plan approval by the City - The blower would take 4 to 6 weeks and another 2 weeks by the time we got the cyclone system set in. There are so many things that final into it. Vern, did you mean on the fire walls, up to the top of the office or did you mean all the way to the roof?" Schoen: "It has to be, yes" Fire doors were discussed. (Tape on file) The Motion was made by Bill Brewer that the Council3delay closing down Custom Wood Products located at 657 North Linder for one (1) month and in the meantime the Building Inspector and John Krishnek work together making a priority list, establish- ing what can be done, housekeeping to be cleaned up, with a possible shut down if not met; all to be reviewed in one (1) month and that on January 4th, 1982 there be a progress report." Orton: "I'll second that Fiotion and Vern I would like to track the progress on it because I think there's still significant parts of this schedule, at least for the Safety violations, can be beat - you can do better than this schedule." Brewer: "I would. like to add to my Motion that the Fire Marshal be included in his portion of the inspection." Orton: "Second" Mayor Glaisyer: "I would ask that you amend your P4otion to state that you would withhold that h1otion until satisfaction has been made with the Labor Relations Board Proprietor and also the Assessor's Office, upon written conclusion that those confrontations have been satisfied at the end of a thirty day period." Brewer: "I so Move" Mayor Glaisyer repeated the requested hlotion to Attorney Leva. Attorney Lew: "Are you suggesting that until he resolves the dispute with the Labor Board that he cannot open?" Mayor indicates yes. Attorney Lew protested on the grounds of the dispute with the Labor Board. (Tape on File) Mayor Glaisyer explained that he had been called concerning employee's back wages. There was discussion concerning the Labor Board. (Tape on File) Plotion died for lack of a Second. The Motion was made by Williams and seconded by Orton that the Council move into Executive Session regarding some legal matters in this question. Motion Carried: All yea The Mayor, Council and Attorney Crookston left the Council Chamber at this time for an Executive Session. At 8:42 P.M. Mayor Glaisyer recovened the meeting. Meridian City Hall ~~ .8. ~ December 21, 1981 Agenda 3 (Cont'd) Custom Wood Products....... f4ayor Glaisyer instructed the City Clerk to read back the original Motion made by Councilman Brewer. The City Clerk read the Motion and Mayor Glaisyer called for the vote immediately following Councilman Williams'calling for the question. The f4otion was made by Bill Brewer and seconded by Rick Orton to delay the Custom Wood Products, located at 657 North Linder, shut down for one (1) rrlonth and in the meantime the Building Inspector and John Krishnek work together making a priority list, establishing what can be done, housekeeping to be cleaned up, with a possible shut down if not met; all to be reviewed in one (1) month, and that the Fire f1arshal be included in a portion of the inspection; and that on January 4th, 1982 there be a progress report. 1lotion Carried: Williams, yea; Brewer, yea; Orton, yea Agenda 4 Gem Fabricators - 516 feridian Street Dee DeNloss: "We are located in the building that was used by Meridian Glass and have received a letter listing a number of violations. What we are trying to do is to get started in a Kit Car building business, corvette repair, etc. Ode have no intention in making it a large fabric glass operation where a chopper gun or spray guns are used. We just keep our material in a small amount and no more than the previous people had in there. Mr. Carey will go through these violations and what we plan on doing with them. We would like to stay in your town and had some hopes that we could - if there is anything that you could do for us and allow us to correct some of this in the business we would sure appreciate it." George Carey, Real Estate Broker: "I was aked by the owner, :Viking Sprinkler Manufacturer's out of Portland, to meet with you this evening and answer any questions on his behalf. I would like to spend a few minutes and go through some of the findings of what Vern had. I have some questions on some of them both on behalf of Viking and Dee DePloss. The gas flame furnace in the working area is simply an over- head furnace that turns on with gas and Dee's told me he has seen two ways that could be corrected. One is to put the furnace on the other side of the wall and have it ducted into this space, the other is there is a special kind of a no-flame furnace that is appropriate for that kind of use. So essentially that is an item that can be corrected. The electrical codes - after I looked at it - the Paint and Glass people had previously run some Romex without conduit from their breaker box into their office area, they had an electrical furnace and also an air conditioner running 220 in the office area that they ho longer using - I suggested that they just take it out, they don't need it." Vern Schoen: "When it applies to electrical you will have to contact the State Electrical Inspector, Von. From what I understand it has to be completely rewired and the light fixtures with explosive proof - that seems to be the problem. The light fixtures you have are extremely hazardous, plus the acetone which is in the pictures. Your hazards are one above, or the worst." Carey: "No 4 (letter of violations) states that the outside wall or next to the street would have to be of wall construction." Schoen: "Fire protection possibly with the sprinkling-.system you could have a break away and use a different type of fire protection -" Williams: "How many hours does that require?" Schoen: "It should be a four-hour wall. But, like I say ,you could have one thing on the street side and you could also have the sprinkler system and possibly drop back to a two-hour wall." Williams: "Which would be a 5/8 inch sheetrock." Schoen: "Each side of the framed wall" Carey: "Basically we have a metal building. It's an ideal location for this type of business because it is very well sprinkled - and they do have metal walls. They have to be sheet rocked?" Schoen: "To make it fire-proofed." Carey: "We don't want to have to tear the place down. If it comes to that I'll just give them back their rent - but they have put some expense into their ~i I h1eridi Agenda 4 (Cont'd) Gem Fabricators....... advertising, some in National Journals - it's just unrealistic to tear the place down and rebuild it. If some of the things can be made to conform and you would be willing to work with them, and they are willing to work with you - I think some of the things are over exagerated. With article Numbeb 7 (letter of violations) cellulose nitrate plastics(pyroxylin) - he has none of." Schoen: "That was in the pictures." DeMoss looks at pictures. DeMoss: "All those cans are not a laquer base - there is no laquer in them - it's a polyester, I've worked with this stuff for 34 years and I've never seen an explosion or even a serious fire. And here we are talking about exploding proof lights - anything can be dangerous if you use it wrong. We took out our Acetonedrum out - we only kept a couple of gallons in there and Meridian Glass had that much before we moved in - they sell it. We have a lot of dust because we use hydrocal and it will not burn in any way, it's just like burning concrete. There is no vaay it cause an explosion if we fill the air full of it." Carey: "In my understanding they make a plaster mold and then they put down a layer of cloth and then they put a jell coat layer over it, which hardens. The aceton is used for cleaning and for a solvent. The end product, the fiberglass that they make, is very fire resistant -you can't burn it - the wet jellcoat won't burn if you light a torch to it,would melt but not explode." Orton: "This is hard to believe that we have two explosion group violations in one day - it leads me to believe, is the State interpreting their fire codes suddenly differently or if they are classifying all these areas as to requiring explosion proof vairing and explosion proof lighting - we're not talking about small banana's. here, we're talking about big money to go from just good wiring to explosive proof equipment - all of a sudden. Is it a new interpretation? Take a gas station." Skip Voss°"Gas stations are wired under a special .section of that ;Code also." Williams: "I have a question too - some of this demands a little more prudence- the storage area for example, I can see from those pictures if the materials is stored like that - I'm sure these gentlemen know that is not a standard method of storing - and the acetone we use some of that and we have a big locker that we store this. I would hope that something like that (locker) would satisfy some of the requirements for storage. That one box, hanging by the Romex, nailed to the wall - - -" DeP1oss: "We don't even use it - it was hanging there when we came in. There are a lot of things we would like to change." Lilliams: "I'in sure when the State Electrical Inspector walked in and saw that- he probably lit up like an exit sign." Carey: "There were several Code violations from the previous tenant. The stove pipe you see hanging there, they had a vaood stove next to their paint mixing area. We are willing to work on a reasonable basis to correct these things - if it comes to making walls go up and rewiring, I don't think he is capable of doing it financially." There was considerable discussion concerning insullation of the walls (Tape on file) Carey reminded the Council that there were concrete floors, sprinklers throughout and metal building. There was more discussion concerning continuing operation and the fact that most violations were with the State Electrical Code. The Motion was made by Rick Orton and seconded by Bill Brewer that the Council to withhold closing of Gem Fabricators, located at 516 Meridian St.,until January 4th, 1982 until items 1, 2 and 3 are adequately addressed to the appropriate jurisdiction and that the Acetone be limited to two (2) gallons, and a definite progress report on the remaining items. Motion Carried: Williams, yea; Orton, yea; Brewer, yea Mayor Glaisyer stated to Gem Fabricators that he would like to be personally involved with the State Electrical Inspector and would meet with them at this point. call Agenda 5 Department Reports Attorney Wayne Crookston presented the Mayor and Council with two (2) checks from the American Arbitration Association, 140 W. 51st St., NY, for refund for payment of trust, DVY Construction Co. case. Crookston stated that we have received the release back and that they are still working on the Change Orders to pursue the settlements Attorney Crookston also presented the proposed agreement for the new Fire Truck and directed that the Fire Chief have the Rural Fire District review and then give their required opinion on the lease proposal. Bill Brewer stated that the violation hearings tonight of the two businesses prompted him all the more that a business license, or something of the same nature, would prevent businesses such as these from the expense of already setting of shop. He encouraged a way of .the City having more control. in the beginning. The Motion was made by Williams and seconded by Orton that the meeting be adjourned at 9:10 P. M. Motion Carried: All yea Attest: ~ ) ~ I~ . __ ~7 ~ ~ ~ a / La ana L. Niemann, Cit Clerk pc: Ntayor & Council Planning & Zoning Vern Schoen Fire Chief Police Chief Earl Ward Bruce Stuart Ron Tolsma Ann Kiebert Electrical Inspector ACHD;AIC;Ada Zoning; Nampa Meridian Irriga Meridian Manor #3 Jerry 0. Mortensen Custom flood; Gem Fabricators Central District Health; Ada County Commissioners tion; Gus Hein