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1981 08-03 A G E N D A Meridian City Council August 3, I981 ITEM: Minutes of the previous meeting held July 20, 1981 APPROVED 1. HEARING - Rezone from "A" to "C" Limited Office 223 East Idaho APPROVED William B. Andrews 2. Meridian Junior Rifle Club - From Table of July 20, 1981 Conditional Use for Rifle Range 136 E. Idaho DENIED 136 E. Idaho APPROVED TO AMEND APPLICATION FOR LOCATION 3. HEARING - Franklin Condominiums, Jim Kane Valley Contractors Request to convert from Four plexes to Condo's TABLED 4. HEARING - Country Terrace No. 2 Replat & Vacate 20 foot Easement in Calderwood Street TABLED 5. OTHER BUSINESS: Bills 6, Surface Well #2 ~, J-U-B Engineers, Inc. Statement No. 4 1981 HUD Application $608.25 American Arbitration Ass. Bill $1,800.00 TABLED Ordinance #391 VACATING A PORTION OF TIMOTHY SUBDIVISION Ordinance #392 INCREASING THE LICENSE FEE BEER SALE Ordinance #393 INCREASING THE LICENSE FEE WINE SALE Meridian Regular meeting called to order by Mayor Joseph L. Glaisyer at 7:33 P.M. Councilmen present: Richard C. Williams; Grant Kingsford; Bill Brewer; Rick Orton Jr. Others present: Earl Ward; Roger Welker; Chet Hosac; Gary D. Smith; R. Hadfield; Bill Andrews; Jon Carter; Al Capaul; Jim Potter; Charles Moore; David Hansen; Kathy Williams; Jerry Folger; Robert J. Chapin; Charles E. Day; Steve Gratton Minutes of the previous meeting were approved as read. Agenda HEARING - Rezone from "A" to "C: Limited Office - 223 East Idaho 1 William B. Andrews was present to request the rezone of 223 East Idaho. This property is directly in back of the U. S. Post Office, adjacent to the parking area. Mayor Glaisyer: "Public Hearing is now open" Andrews: "We would like to rezone this property for the possible use as a Real Estate Office. It is now rented as a residence. I have already sent the Ada County Highway District a check so they are taken care of. Before I bought the property I called the Highway District, they came out and told me about $50.00 for the concrete and I sent it to them - I'm waiting." Mayor: "Any questions from the Council?" No response. "Any questions from the Public?" No response. "Public Hearing is closed" The Motion was made by Brewer and seconded by Williams that the Council grant the rezone of 223 East Idaho to "C" Limited Office with the stipulation that the recommendation of Ada County Highway District be followed through. Motion Carried: Williams, Yea; Kingsford, yea; Brewer, yea; Orton, yea Agenda Meridian Jr. Rifle Club - Conditional Use for Rifle Range from Table 7.20.81 2 Ross Hadfield was present to represent the Meridian Jr. Rifle Club. Hadfield: "Unless you would grant us a variance from all of these requirements that have been set up for 136 E. Idaho, we couldn't come any way near raising the money to go into there. If you won't grant us the variances to go 136 E. Idaho we will go to the Idaho Power (Sub Station). Jim Grant has told us we could move into the old sub station." Kingsford: "I understand from the Fire Plarshal and the Building Inspector this would be a lot better. What problem did you have?" Hadfield: "The only thing was, it wasn't quite as near to the schools and for shooting 22's we will have to go up to 4 points, build a shooting tunnel back to the fence. On the one side of the building we can have our running boar matches, which is a new Olympic sport and on the other side we will have room for air rifles. The big thing we are running into is that Meridian is one of the largest areas - biggest school district - and we have no public place that we can teach Hunter Safety to our young people, which is a state requirement now. It may be possible to go to the Fish and Game and get a certain amount funds to make that suitable for a 22. At one time the Fish and Garne had $1,000 for us to go to the American Legion but the American Legion did not go for this. The Junior Rifle Club does carry Liability through the NRA." Kingsford: "So you could live with going to Idaho Power Sub Station?" Hadfield: "Oh yes" Kingsford: "That certainly would be my preference" Orton: "If they go to the Idaho Power Sub would that be just a matter of a building permit?" Mayor: "Obtain an Conditional Use Permit - two public hearings" Orton: "That's too bad but I do think it is a better solution" Hadfield: "We should do something here for our kids." Kingsford: "I think it would be safer than the old Bazaar Building." Meridian City Hall Agenda 2 (Cont'd) Rifle Club..... t 3. 1981 Hadfield: "It will probably be better because when we were down there (Bazaar Bldg) we found the floor spongy, the water table was right there, and we would have to excavate a foot or more." Mayor Glaisyer: "Is there anybody in the audience that wishes to make a comment?" No response "If not, the Hearing is closed" There was discussion between the Council and Attorney Crookston as to making a motion to best benefit the Meridian Jr. Rifle Club change of location. The Motion was made by Williams and seconded by Kingsford to deny the Conditional Use Permit request of the Meridian Junior Rifle Club fora Rifle Range to be located at 136 East Idaho but granting the Meridian Junior Rifle Club to amend their application fora Rifle Range to a new location with the required public hearings. Motion Carried: Williams, yea; Brewer, yea; Kingsford, yea; Orton, yea Agenda HEARING - Franklin Condominiums, Jim Kane Valley Contractors 3 Jim Potter, Potter & Associates, was present to request a building permit to convert a four-plex into Condominiums, presently situated on Lot 11 in Block 5 of Franklin Square. Potter: "Mr. Kane has reviewed the comments and recommendation of the Planning and Zoning Commission and the sketches drawn by the Building Inspector and notes that the only deficiency in the building as constructed is in the party wall from the top of the second floor through the roof bruss,He is willing to make that modifi- cation to meet the requirements and that the project will be brought into compliance with City Codes. The water, sewer are all separate at the present time - everything with the exceptance of the party wall." Earl Ward, Wastewater Supt: "I believe at that time they hooked two units to each service that is located in the street. I will go back and check this as I believe that was not the practice at that time of service." Potter: "He (Kane) says he will bring into compliance. It's his believe that this (party wall) is the only deficiency." Kingsford: "On this drawing it looks like that the fire walls through the floor need to be modified. Is this true?" Potter: "No, he says the fire wall through the floor is in accordance with this sketch. It's strictly in the truss, the roof truss." Orton: "We are referring to this sketch."(Vern Schoen's sketch is displayed) Kingsford: "The fire wall through the floor." Potter: "I haven't looked at it myself., The client is aging that he would work- with Vern, that the structure was with a crawl space - the truss area is the only deficiency. He said he would work with Vern to insure it was in compliance." Orton: "You can live with the recommendation of Planning and Zoning?" Potter: "Yes, it would not be approved unless all conditions were met." Ward: "The Code stipulates that no building sewer will cross anotherrpropenty gwner without an expressed permission - an easement." Potter: "If that exists we will have to have an easement or a Homeowners Association, we can work that out." Williams: "The same with water too" Kingsford: "You have a copy of our condominium ordinance?" Mayor Glaisyer: "Any comments from the Council?" No response "Any comments from the Public?" No response "If not, the Hearing is closed" The Motion was made by Orton and seconded by Brewer that they confer with ahe recommend- ations of Planning and Zoning. uestion Orton: "This request be denied until project is brought in compliance with Item 12-C and all other requirements of the City Codes." Meridian City Hall .3. August 3, 1981 Agenda 3 (Cont'd) Condo's...... uestion Williams: "I would think under this motion we have circular logic - they cannot bring the project into compliance until we approve it. Right now it is not in compliance with the Code but they can't bring it into compliance until we allow them to obtain the building permits to go through the motion." Attorney Crookston: "They can get a building permit to improve their housing." Williams: "O. K., so then they come back to us?" Crookston: (Indicates yes) "Just like you do an addition to your house, or bringing a garage into a room." Mayor Glaisyer: "Any problems with that Jim?" Potter: "No, I believe he understands that" uestion Kingsford: "This is a public hearing, do we continue the public hearing until such time as they do bring it back to us?" Crookston: "The Public Hearing for this particular action. If you deny it, he has got to come back. You probably could table it and he can come back when he needs it and then you have another report by the Building Inspector." Brewer: "I recall the second." Orton: "I recall the motion." uestion Williams: Mr. Mayor, we should not have to table this because of setting a definite time." Croodston: "You should set a definite time." There was discussion concerning the time frame of structure change or plans approved. The Motion was made by Orton and seconded by Kingsford to table the request of Jim Kane, Valley Contractors, to convert a four-plex to condominiums until the regular Council meeting to be held September 8th, 1981. Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea Agenda 4 HEARING - Country Terrace No. 2 Replat & Vacate 20 foot Easement in Calderwood Street Jon Carter,for the Hosac Brothers ,was present to represent Country Terrace No. 2 Replat. Mayor Glaisyer: "Hearing is now open" Carter: "About a year ago at the request of the City of Meridian, we made some changes along Country Terrace Way within the Subdivision. This was done by exchanging deeds with the property owners and the Ada County Highway District. These deeds have been reviewed by the Meridian City Engineer. Since that time have run into a problem with the County Zoning people and they said the best way to do this is not by deed but to do it by plat - and we can't do a short plat on it under their platting procedure, so we have to go with a full blown subdivision plat. This amounts to reaffirming what has been done by deeds in the past. That is basically what this plat is - a re-drafting of Country Terrace with the road straightened out as has been done; by the deeds." Carter displayed plat and pointed out changes of Country Terrace Way and Calderwood St. Mayor Glaisyer: "Are there any comments from the public?" Robert "Bob" Chapin: "May I see the plat?" Mayor instructed Chapin to come forward to view the plat. Al Capaul: "I have some maps of Meridian (displayed) and when this was originally platted there was a culdesac with a golf cart lane between (Country Terrace and Meridian Greens) and the Council made them change it for a road. I have one question, these are all maps of Meridian, why weren't more (culdesac's) made to 9o through for fire trucks and emergency vehicles." Mayor Glaisyer: "Well for instance on this one, they have other accesses." Capaul: "The reason they are changing this is you say the emergency vehicles could make a wrong turn,have to come back around in here before getting into here (Meridian Greens). What happens here?(refers to maps displayed." Mayor: "I don't know what the distance is on that map but a culdesac has to be a certain distance - maximum distance - and also a certain width for a fire truck turn-around. You didn't have the access to and from." Agenda 4 (Cont'd) Country Terrace #2..... t 3. 1981 Kingsford: "Your original plat did have this, then the developers drew a golf cart path after that. The original plat showed that right-of-way through." The original plat was displayed and discussed at this time. Tape on file. Kingsford: "The culdesac was a temporary culdesac and never intended, at least by the City of Meridian to be a permanent culdesac." Williams: "It was approved as a temporary culdesac and that is the original plat." Kingsford: "February, 1977 is the date." Capaul: "What was the reason the street was changed around then?" Orton: "Since the original plat was - we decided to make them take the right-of-way through and not allow the golf cart path as this was a mistake in communication - we made them put the right-of-way through as was originally planned. Between that time this plat became available and now, instead of going of to the side, it would be of course smarter to match this road up with that one rather than going down here." Capaul: "Is this recorded?" Williams: "It's in final plat stages" Capaul: "How come we are worried about this one if it's not completed actually?" Williams: "We are providing ingress and egress - that is the final plat." Kingsford: "This has been approved by the City as a final plat" Capaul: "So they can't change this, no matter what then?" Kingsford: "They would have to amend their plat again." "As this one is" Capaul: "Sd if they ever build anyything without ahy further notice thi's is the way it has to be?" Williams: "Right" Capaul: "I was under the impression this wasn't recorded yet." Williams: "It's not recorded it is final platted." Kingsford: "And approved by the City" "If they decide to do aothing else there will have to be Public Hearings on it." Capaul: "What about when he changes around here, are the covenants going to be the same here as for here?" Kingsford: "That's entirely up to the developer" Carter: "Yes, they will be. This was our thinking, as we were dealing with a portion of a subdivision that has covenants it would also apply to this. Conrad King with County Zoning tells us that's not so - we would need a new set of covenants for what we call Country Terrace Number 2, and we would propose to record exactly the same covenants that we now have, unless the majority of the property owners want to rewrite them somewhat. The covenants must be approved by 75% of the property owners, I believe, or the owners of 75% of the property, I'm not sure - whatever the owners would like we would be happy to write in the covenants." Capaul: "This 6 .6 acres here, there's a building lot here - there's only one on this six acres -" Carter: "Well,actually the entire lot would be a building lot" Capaul: "right" Carter: "the only site suitable for a settling system is right here in this corner" Capaul: "If someone buys that whole six acres - is here anyway they could put cows, pigs, etc?" Kingsford: "That's in county - and your restrictive covenants." Williams: "That would be a civil situation." Capaul stated to City Clerk that he was owner of Lot 3. David Hansen: "You indicated that plat had been approved by City Council, will the change be made prior to the subdivision being annexed into the City, or can they be made prior to the City annexing the subdivision?" "We are not part of the City yet and I was wondering if that road, or the culdesac be straightened prior to being part of the City? Or are we leaving this to be done again?" Carter: "The road has been straightened now by means of exchanging deeds between the owners of the property adjacent to the road and the Ada County Highway District. All the plat is doing is recording an accurate picture of what has been done by deeds - trading slivers back and forth." Chapin: "I just want to leave this with the Council - when we came in here and bought property I was told I have nothing in writing, that this was a culdesac - they didn't say anything about a temporary culdesac or anything else. I was led to believe Meridian City Hall .5. August 3 1981 Agenda 4 (Cont'd) Country Terrace..... that there was a golf cart lane that was going to go down through there. We did give an easement for that road later on, whem we paid $18,000 for the lot we thought that was going to be a culdesac. We would have never built there if we had known that was going to be a temporary thing. I never saw this original drawing of showing the street the way you want to put it today." Kingsford: "This isn't what is attached to your title policy?" Chapin: "It probably is - I didn't see when we bought it" Capaul: "This is the way it looked when I first saw it but now it's like this." Chapin: "I was told it was going to be a golf cart lane." Carter: "One thing you may have seen, in the original designs for Meridian Greens, we had Country Terrace Way going this way and I believe there was a golf cart path going about this location into Meridian Greens, connecting between the two subdivisions. The street has always been there from the original plat, subsequently this golf cart path was removed and the street was straightened out." Kingsford: "I think Mr. Chapin was right, after it was done, the developer made an effort to change it to a golf cart path. I don't think it was ever quoted by any govenment agency." Chapin: "I don't want to go on record as saying that I thought they told me, they did not, that the golf course was the sure thing - they didn't say anything like that, but they did lead me into thinking it was a possibility and this was going to be a golf cart lane." Al Capaul:" "If this road goes through - the one at that bottom (Calderwood) - who is going to have to pay for this work?" Kingsford: "The developer of that subdivision" Gary Smith, City Engineer: "ACRD has requested that the developer include Country Terrace Way with the Subdivision boundary from the culdesac - that the development of Calderwood would be done by the owner of Lot 12." Carter: "As of such time it is necessary of development..." Smith: "Right" "How does he get from here to here?(pointing out plat)assuming that this doesn't get developed?" Carter: "At the time that this lot 12 is developed, if that were to happen before Meridian Greens were to be developed, we could only assume he would have to replat Lot 12 and possibly bring the road back this way (pointing out plat), because right now there is no way to for the other end of Calderwood to connect either." Smith: "Alright, the second thing - the access to Lot 13, the Well lot, has been changed. Is there now a way to get to that well lot? The one time I was out there you went through lot 7 to get to it. Carter: "There is a pretty steep cliff. I do believe people have used Lot 7 for access to Lot 13. If someone were to build on lot 7, 6 and 7 they are both now vacant, that means would not be available. This is why we have left an access easement here, down to Calderwood Street. We have a drainage utility easement here and we have shown an access easement here. This was one of the County's conditions that we provide a way into Lot 13." Smith: "The City isn't concerned with the well itself because it's a private system but ~f the Homeowner's Association has to get back there, they can get back there is that correct?" Carter: "Yes" Smith: "My other comment has to do with the water and sewer extension from the culdesac to the property boundary line." Carter: "That would have to be done along with the street improvements" Mayor Glaisyer: "Any other comments from the public?" Williams: "Are they going to improve that?" Carter: "At this point it is a condition of the Highway District's approving the plat. We have a meeting set up with the Highway District Board this Thursday and we will get their input at that time." Williams: "That does concern me quite a bit Mr. f4ayor, I would hesitate to approve this tonight without firm assurance that we were going to get tthose water and sewer lines extended to the Subdivision boundaries. I would hate to approve this on the basis they say yes, we'll do it and then everybody conveniently forgets about it. It's dry lines and if that ever comes into the City we are setting there with 200 feet, dig up the street and put in water and sewer lines - I'm not atuned to do that." • •a• r•+ u ii 6 Au ust 3, 1981 Agenda 4 (Cont'd) Country Terrace.... Carter: "Well, it is a condition of the Highway District's approving the plat" Williams: "Not for water and sewer" Carter: "On the original plat on Country Terrace there was a 20 foot utility easement on the south boundary. That area is now in the right-of-way area of Calderwood Street and we would like to vacate that easement. It is not being used for any utilities.` At this point we have an easement on top of a street right-of-way. which the County does not approve of. Before we can get approval of the plat we have to vacate that easement." Mayor Glaisyer: "Any comments from the public?" Chet Hosac: "I developed this Subdivision. After many, many months before you gentlemen - some of you were here at that time - all of our requirments were met of the City of Meridian, also by Ada County. You all know about our long crying time be had. We do have dry lines in, the same conditions would apply.- this man couldn't get a building permit without water and sewer from the City -" Williams: "Not from us - we don't give them." Hosac: "Well, from the County - from anyone. Ada County Building Dept. is not going to give a building permit without a water and sewer line in." Williams: "I'd think they could put in septic system" Hosac: "I would assume that the original plat as shown here, conditions of that time would apply to any future development of this plat." Mayor Glaisyer: "Can you put that condition on it - that sewer and water would have to be installed when the street was improved?" Hosac: "It would appear inequitable to expect us to develop 200 feet to a dead end street until such time as Meridian Greens is developed - and at such time then obviously the developer would move the equipment in and there would be no pavement there to break up, pick up the end of the dry line, the water line, and extend it through to the other development. To put a restriction on this at this time - put in $25,000 to $30,000 worth of street, dry line. and water line, to achieve one (1) building site is not too reasonable.in my opinion." Williams: "Isn't that what Ada County Highway District is asking, that street to be extended?" Hosac: "I don't believe it's a condition but until such time as this future development to the east." Williams: "Sounds like it was a condition of the plat." Carter: "It is a condition of this plat, yes" Kingsford: "You don't want to tear up new asphalt to put in dry lines" Hosac: "Absolutely not, if we did this the dry lines, water lines are laying right here at the end of the culdesac at the present time." Williams: "But if Ada County Highway District is going to require you to put the street in, before they sign that plat, why not put in water and sewer lines?" Hosac: "Certainly, we would before we pave the street" Williams: "But they are saying they are not going to sign the plat until you put the street in" Hosac: "What was your condition in wanting to table it tonight?" Kingsford: "We just want to put the same condition that the sewer and water be extended under that street." Hosac: "Is there a possibility a variance could be granted in case we didn't consider this as a building site on lot 12, before this street was extended or water and sewer put in." Brewer: "I think it is only fair to those people who own those adjoining lots now that they see the finished project close to their homes. I think that should have to be completed right up to the edge, right where it shows." Hosac thanked the Council and was seated. David Hansen: "Did I understand that when that street is knocked through it does not necessarily be paved?" Mayor Glaisyer: "No, I think that the ACHD requirements was to be paved." Williams: "Let's go back a period - you say there will be a hearing before the ACHD Commissioner's this week?" Carter: "Yes" "Regarding the plat of Country Terrace" ~J Meridian City Hall .7. August 3, 1981 Agenda 4 (Cont'd) Country Terrace.... Williams: "But the initial condition they have said was that before they sign the replat they want the street improved, is that correct?" CCa ter: "Yes" Or~on: "Do you plan to try and talk them out of that requirement?" Carter: "We are not going to try and talk them out of it - obviously the street is going to have to be improved." Orton: "Are you going to try to delay it?" Carter: "There's a possibility" Until the improvement of Lot 12. Orton: "What's the future plan for Lot 12?" Carter: "It's on the market - we don't plan to develop it. As I understand, it can't be developed due to the water table until central sewer is available." Mayor Glaisyer (addresses Attorney):"Cnuldn't they give us a Bond, same as they do Ada County Highway District? Because I don't think ACRD is going to require them to put that pavement in therQ until such time as they do develop." Orton: "I hate to see us getting into excepting bonds - business develop beyond." Carter: "There's always the possibility that if we were to 9o ahead with the conditions like everyone has laid them out for us now, improve the street, put sewer and water out to the boundary - we understand that the Meridian Greens project, the property, is now for sale. And someone has raised the thought of putting an Industrial Park in that area - at that point would anyone want the street connection?" Into the residential subdivision?" We might have to tear it all up and change it." Mayor Glaisyer: "We don't know that Jon we are just going by pure speculation." Williams: "I think if that happens we will see more neighbors of Country Terrace than we see tonight." Al Capaul: "What if that does happen and you make Hosac's put that through there now, and a couple of years from now here comes Industrial in there - I sure don't want to live on a street where big trucks come through all day. I've got little kids and there are other little kids out there- if this does happen there's going to be one headache after another." Mayor Glaisyer: "If there is a request and they have intentions,Al you will be notified by certified mail, there will be hearings and you can come in at that time and make any kind of comments you so wish. Today it's just speculations - I don't know what we would do, it depends on what their use would be." Al Capaul: "Could we make them take that road out if this would happen?" Would we have the right to say "take that road out?" P4ayor: "Very possibly" future Brewer: "I think this Council, or any/Council, if it came down to that would be to protect the people within those boundaries. I think we would try to start all over again and try to make it right for everyone. I wouldn't want to live there in that circumstance either." Engineer Smith: "What was the problem with the Quick Claim Deed?" Carter: "The County Zoning Department seemed to feel something was not done the proper way and we might have an illegal Subdivision and split out there and they wanted us to do a plat on it." "The Highway District didn't have any problems with it - it's the Zoning people." Williams: "As I said four years ago, this Subdivision should have come into the City in the first place - we are going to have more problems because too many jurisdictions with their thumb in it." Smith: "It may be part of the stipulation, but when Meridian Greens develops that Subdivision it may be that they develop that extension to tie into Country Terrace." Carter: "That's one of the things we wanted to discuss the possibility of with the Highvaay District, that they make the extension of Country Terrace Way from the Culdesac to the boundary with the condition of off-site/required of the Meridian Greens plat." improvement Smith: "And they would extend the water and sewer at the same time. At least it would tie that street with the future development, if it does develop as a Subdivision." This of course would be contingent upon the County excepting the Quick Claim Deeds." Orton: "From a practical standpoint, when Lot 12 will be developed, and it will be developed at some time, that construction could occur at that point with the condition of that plat too - the only trouble would be in the meantime Meridian Greens may develop and we may need the hookup and we would be sorry we didn't get it done now." Meridian City Hall .8. _ August 3, 1981 Agenda 4 (Cont'd) Country Terrace.... Mayor: "Any other comments from the public?" No Response "Public Hearing closed." There was discussion. (Tape on file) Chapin stated that the culdesac is now paved, curbed, guttered and sidewalk all the way around. There was more discussion concerning the condition of the property if the street was to be extended. Country Terrace property owners stated that they have tried to keep the weeds down on Lot 12 and that desired the culdesac not to be torn out at this time. (Tape on file) Williams states that he would personally like to hear the decision of ACHD and that he would like to see Country Terrace within the City Limits. The Motion was made by Kingsford and seconded by Brewer to table the request to replat Country Terrace #2 until August 17th, 1.981 pending outcome of the Ada County Highway District's meeting. P•totion Carried: Kingsford, yea; Williams, yea; Orton, yea; Brewer, yea Agenda 5 Bills were read. The Motion was made by Kingsford and seconded by Williams that the bills be alaowed:. Plotion Carried: Williams, yea; Brewer, yea; Kingsford, yea; Orton, yea Agenda DEPARTMENT REPORTS: 6 Wastewater Supt Earl 4Jard reported on Surface Well #2. Ward: "During the last Coucil meeting I was directed to get a price on getting Surface Well #2 bucketed out, obtain one of the other pumps. Ken Witt, Well Driller who did the work originally, estimated around $2,000. That would be to clean the rod, about 45 feet, the casing is perforated so there is no problem there, and move the other well. This would not include electrical wiring which would be in the neighborhood of $300.00. There was much discussion concerning Water table at ZamZows and Storey Feed & Seed. (Tape on file) Sewer Commissioner Williams instructed Ward to put together the cost information of bucketing, moving pump, electrical, etc. to present to the two mills. It was thought that these two entities would consider sharing the cost to re-establish Surface Well #2 in order to reduce the water table problem at their businesses. Fire Chief Welker announced a 10:00 A.M. meeting at the Fire Station to view a new fire truck and for demonstration. Fire Commissioner Kingsford described the trucks performance. Fire Chief Welker announced the Annual Salmon Feed presented by the Volunteer Fire Department to be held August 7th. Attorney Crookston presented a proposed Ordinance pertaining to "Second Hand and Precious Metal Dealers: Crookston suggested a hearing and working with the Pawn Shop. 7 OTHER BUSINESS: ,. The Motion was made by Kingsford and seconded by Williams that a bill from the American Arbitration Association for $1800.00 against deposit for Arbitration Compensation be Tabled. Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Williams, yea Meridian Cit Hall .9. Au ust 3, 1981 Agenda 7 (Cont'd) OTHER BUSINESS..... The Motion was made by Williams and seconded by Kingsford that the J-U-B Engineers Statement No. 2, DVY Construction Company vs. City research in the amount of $1,336.65 be paid and that the funds to pay this bill be transferred from the Sewer General Fund to the Construction Account for payment. Motion Carried: Kingsford, yea; Brewer, yea; Williams, yea; Orton, yea The Motion was made by Kingsford and. seconded by Williams that J-U-B Engineers, Inc Statement No. 4, 1981 HUD Application, Final billing for services in the amount of $608.25 be paid. Motion Carried: Brewer, yea; Williams, yea; Kingsford, yea; Orton, yea Mayor Glaisyer read Ordinance Number 391 entitled: AN ORDINANCE VACATING A PORTION OF TIMOTHY SUBDIVISION, OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY LOT 2 OF SAID TIMOTHY SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOK 31 OF PLATS AT PAGE 1923, AMENDED BY AFFIDAVIT RECORDED JANUARY 28, 1977, AS INSTRUP4ENT NUMBER 7704108, RECORDS OF ADA COUNTY, IDAHO. Mayor Glaisyer: "Is there anyone that desires Ordinance No. 391 read in full?" There was no response. The P1otion was made by Williams and seconded by Brewer that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 391 as read be passed and approved; and that there be no editorials by any person or paper of the City other than the Legal Notice. Motion Carried: Kingsford, nay; Williams,yea; Orton, nay; Brewer, yea Mayor Glaisyer voted "yea" breaking the tie. Mayor Glaisyer read Ordinance Number 392 entitled: AN ORDINANCE AMENDING TITLE 3, CHAPTER 2, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF PERIDIAN, ENTITLED BEER SALE AND REGULATION, BY INCREASING THE LICENSE FEE, BOTH ON PREMISE AND OFF PREMISES, REFERRED TO IN SECTION 3-210 OF SAID CHAPTER. Mayor Glaisyer: "Is there anyone that desires Ordinance No. 392 read in it's entirety?" There was no response. The Motion was made by Kingsford and seconded by Brewer that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 392 as read be passed and approved. Motion Carried: Williams, yea; Orton, yea; Brewer, yea; Kingsford, yea Mayor Glaisyer read Ordinance Number 393 entitled: AN ORDINANCE AMENDING TITLE 3, CHAPTER 16, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ENTITLED WINE, BY INCREASING THE LICENSE FEE REFERRED TO IN SECTION 3-1605. Mayor Glaisyer: "Is there anyone in the public that wishes to have Ordinance Number 393 read in it's entirety?" No response. The Motion was made by Kingsford 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 393 as read be passed and approved. Motion Carried: Orton, yea; Brewer, yea; Kingsford, yea; Williams, yea Mayor Glaisyer announced that we was appointing Ripley, Doorn & Co., Certified Public Accountants for the City Audit this fiscal Year. The P1otion was made by Kingsford and seconded by Brewer that the Council concur with the Mayor's appointment and that Certified Public Accountants Ripley, Doorn & Co. be appointed as the City Auditors for this Fiscal Year. Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea lliams, ATTESTE~~,~~~~,7~,ttii~,G~M~e~ing Adjourned 8:55 P.M. ~gAYOR APAtOVAE• Pleridian Cit Hall -lO- Au ust 3 1981 Voucher Date Amount 1296 7-31-81 Harold's Electric 456.25 1297 7-31-81 Horlan's 79.29 1298 7-31-81 Idaho Business Forms 421.70 1299 7-31-81 Idaho Department of Employment 1,453.23 1300 7-31-81 Idaho Paging 27,00 130?. 7-31-81 Idaho Power 5,779.22 1302 7-31-81 Idaho Water & Wastewater Operator Certification Board... 5.00 1303 7-31-81 Idastries 87,25 1304 7-31-81 Intermountain Gas Co. 32,81 1305 7-31-81 J & D Printing 66.20 1306 7-31-81 J-U-B Engineers, Inc. 505.50 1307 7-31-81 Kalbus Office Supply 210.80 1308 7-31-81 Kimball Electronics 4,63 1309 7-31-81 Kowallis & Richards, Inc. 24.80 1310 7-31-81 LTD Commodities 25.32 1311 7-31-81 "^ain Office Equip. E Supplies 13.94 1312 7-31-81 Meridian Drug 96.27 1313 7-31-81 Meridian Ford Sales, Inc. 218.2.3 131 7-3I-81 ~"eridian Glass F~. Screen, Inc. 34.20 131 7-31-81 ?leridian Lock R, Key 1~,~~n 131 7-31-81 P".odern Printers 7O.5n 13?? 7-31-81 fountain Pell 666.94 1318 VOID 1319 7-31-81 Partridge Ornamental Iron 396.00 13^~ 7-31-R1 Mountain ~/iew Equipment Co. 52,28 1321 7-31-Q1 Perma-Green Lawn Co. 89.50 1327 7-31-81 QnU 303.00 1323 7-31-81 R,L, Polk & Co. 76,00 1324 7-31-81 S R E Auto Parts 70.89 13?5 7-31-81 Sheehan's 5.50 1325 7-31-81 Star Photo Service 22,59 13'7 7-31-81 Starline Equipment Co. 591.,47 1328 7-31-81 State Of Idaho 565.24 1324 7-31-81 Storey Feed and Seed Co. 64.40 133 ,'-31-81 Tolsma 1•lelding R~ Repair 351.85 1331 7-31-81 Traffic Products & Service Co. 72.46 1332 7-3I-81 UARCO 272.98 1.333 7-31-81 Valley Mews 48.75 1334 7-31-8.1 Van Gas 221.70 1335 7-31-81 Van Waters R: Rogers 287.41 133ti 7-31-?i BWP Scientific Inc, 158.29 1337 7-31-81 4!a ter R•'r!aste Water Equipment Co. 7,059,89 ?338 7-31-81 Waterworks Supplies Co. 2.34,9?. 1334 ?-31-81 4Jilkin's Blacksmith Shop 105,75 13^(' 7-31-81 lamzows 435.01 1341 7-31-81 Public Employees Retirement System 5,054,98 1343 7-31-81 Gary Smith 1.00 .1344 7-'1-81 G ": 8 Inc. 139.15 1.345 7-?1-81 Harold's Electric 90.50 1346 7-31-81 Service Plumbing 150.87 t':eridian City 61411 -11- August 3~ 1981 Voucher 'gate Amount 1134 7-1-81 Verne Schoen 768.90 1135 7-1-81 Judy P,nn Byers 164,02 1135 7-1-81 Brent Alger 720.70 1137 7-1-81 Bradley Brooks 251.94 1138 7-7-81 Jill Ebert 35.43 1139 7-2-81 Jeff Fowler 264,09 1140 7-2-81 Derrick Fox 264,09 1141 7-2-81 Beverly Hendry 549.24 1142 7-5-81 Shelli Law 157.81 1143 7-2-81 Dorrine r„ ~+itchell 85.88 1144 VOID 1145 7-15-81 Raymond Scholer 38.65 1146 7-2-81 Debbie Trimmell 279,12 1147 7-1_-81 Bryan Vanderpool 202.86 lld8 7-2-81 James Witt 261.94 1149 7-15-81 Carrie 4lood 247,98 1150 7-2-81 Lynette Pincock 241.54 1151 7-2-81 Mary Jane Harper 125,02 1153 7-7-81 Ada County Fire Chief's Association 10.00 1239 7-13-P.1 Tara LaP.ee Olson 110.62 1240 7-13-81 Idaho First National Bank 13,556.48 1250 7-7.6-81 Robert L., McConell, Jr, 100.00 1251 VOID 1252 7-21-81 Jim Bentley 100,00 1253 7-2.1-81 Boise City Recreation 40.00 1254 7-22-8I Idaho First National Rank 18,265.57 1255 7-27-81 City of P"eridian -Cash 45.00 1256 7-3!'-81 l!nited First 50,000.00 1257 7-31-81 Idaho First "rational Bank 13,811:33 1258 7-31-81 U,S, Post Office 273.75 12.59 7-31-81 Verne Schoen 533,90 1260 7-31-81 Sundance Dodge 244,00 1261 8-5-81 Farmers and Merchants 1,000,00 1262 7-31-81 City of P"eridian 82,18 1263 7-31-81 Farmers and ^lerchants State Rank 2,785.65 1264 7-31-81 State of Idaho 1,005.47 1265 7-31-81 State of Idaho 5,298.13 1266 7-31-R1 Association of Idaho Cities 2,429,18 1267 7-31-81 State Insurance Fund ~; 1,2.43.50 1268 7-31-81 Colonial Insurance 730.80 1259 7-31-81 Action Express 3.20 1270 7-31-81 Ada County bleed Control 81.40 1271 7-31-81 .411ied Envelope 32.61 1272 7-31-81 Ambrose, Fitzgerald, Crookston R~ Mc Lam 5,213.50 1273 7-31-81 Andy's Supply Inc. 3nr.,2n 1274 7-31-81 Baird/Pitman Oil Co. 2.5~ 1275 7-31-81 Bodine Oil 2,51^,n0 1276 7-31-81 Boise Cascade Building (,enter 198.83 1277 7-31-81 Boyd P7artin Co. 2.24.64 1278 7-31-81 Brewer Pest Control, 8.50 1279 7-31-81 City of Boise 120.80 1280 7-31-81 City of P'eridian 115.60 1281 7-31-81 Claiborne Sprinkling F~ Supply Inc. 43.29 1282 7-31-81 Cope Auto Repair 41.00 1283 7-31-01 Culligan Water Conditioning 82.00 1284 7-31.-81 Datafax Business Equipment 46,00 1285 7-31-81 Discount Office Equipment 8.11 1285 7-31-81 Oon's Shell Service 311.60 1287 7-31-81 Farmer Bros. Co. 101.30 1288 7-31-81 Farwest Steel 110,08 1289 7-31-81 Franklin Building Supply 112.47 1290 7-31-81 Frontier Tire 817,78 1291 7-31-81 General Fire and Safety Equip. 22.00 1292 7-31-81 Great Western Chemical Co. 22.2.20 1.293 7-31-81 Grover's Pay F- Pack 309.79 1294 7-31-81 Hach 59.20 1295 7-31-81 I{andy Hardware 67.85 • • ORDINANCE N0. 391 ~ • AN ORDINANCE VACATING A PORTION OF TIMOTHY SUBDIVISION, OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY LOT 2 OF SAID TIMOTHY SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOK 31 OF PLATS AT PAGE 1923, AMENDED BY AFFIDAVIT RECORDEb JANUARY 28, 1977, AS INSTRUMENT NUMBER 7704108, RECORDS OF ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to vacate a portion of Timothy Subdivision, specifically Lot 2 thereof, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That pursuant to Section 50-1306A, specifically, and Title 50, Chapter 13, Idaho Code, generally, the City of Meridian, having held the required hearing and it appearing that proper notice of said hearing. was given, hereby vacates Lot 2 of Timothy Subdivision, according to the official plat thereof filed in Book 31 of Plats at Page 1923, records of Ada County, Idaho, as amended by Affidavit recorded as Instrument No. 7704108, records of Ada County, Idaho. Section 2. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force 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 3rd day of August 1981. APPROVE MAYI ~ .F ', /1.~~~%~/sue . / ATTEST: La an,Niema Ci Cler< cc: Ada County Recorder Sterling Codifiers AIC Ada County Assessor Ada County Commissioners Ada County Highway District Ada County Tax Collector Ada County Zoning Director Ada Planning Association CTM2 Central District Health Dept. Idaho Power Company Idaho Survey & Rating Bureau, Inc. Intermountain Gas Co. Mountain Be17 Nampa-Meridian Irrigation Dist. State Electrical Board State Highway Department State Plumbing Board State Tax Commission Stephens, Glen (Eng. Director) Union Pacific RR U.S. Dept. of Commerce U.S. Post Office Minutes J-u-B Bldg. Inspector Treasure Valley Baptist Church File 263 ;Gti4 • • ORDINANCE N0. 392 • • AN ORDINANCE AMENDING TITLE 3, CHAPTER 2, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIOTAN, ENTITLED BEER SALE AND REGULATION, BY INCREASING THE LICENSE FEE, BOTH ON PREMISE AND OFF PREMISES, REFERRED TO IN SECTION 3-210 OF SAID CHAPTER. 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 amend Title 3, CHAPTER 2, SECTION 3-210, BEER SALE AND REGULATION: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 3, Chapter 2, Section 3-210, Beer Sale and Regulation, shall be and the same is hereby amended by increasing the License Fees for sale of beer on premise and off premises, as referred to in said Section 3-210, as follows: 3-210 LICENSE FEE: Every person-licensed under the provisions of this Chapter shall pay the City of Meridian, Idaho, an annual license fee for the sale of Draught and Bottled Beer, or Draught Beer only, the sum of Two Hundred Dollars ($200.00) per annum, payable at the time application for license is filed, provided however, that all licenses issued under the provisions of this Chapter shall expire on the thirty- first day of December of the year in which they shall be issued, notwith- standing the fact that such license may have been issued after January 1. Provided, further, that the fee for a license to sell beer in bottles or cans to be taken away from the premises where sold and not to be consumed or opened on the premises where sold, shall be fifty dollars ($50.00). Section 2. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this ordinance shall take effect and be in force 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 3rd day of August, 1981. ~. ATTEST: a Naemann, City Jerk cc: Sterling Codifiers AIC Minutes ~ . ~ '265 ORDINANCE N0. 393 AN ORDINANCE AMENDING TITLE 3, CHAPTER 16, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ENTITLED WINE, BY INCREASING THE LICENSE FEE REFERRED TO IN SECTION 3-1605. 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 amend Title 3, Chapter 16, Section 3-1605, Wine NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 3, Chapter 16, Section 3-1605, Wine, shall be and the same is hereby amended by increasing the License Fees for sale of wine as referred to in said Section 3-1605, as follows: 3-1605 LICENSE FEE: The license fee imposed and collected shall be the sum of Two Hundred Dollars ($200.00) per year. Such license year shall be from .12:01 A.M. January 1 through December 31; provided, however, any license issued during a license year shall be $100.00 Section 2. Whereas, there is an emergency therefor, which emergency is declared to exist; this ordinance shall take effect and be in force 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 3rd day of August, 1981. APP V D: J ph aisyer, MAY ATTEST: L ana L. Niem nn, ity Clerk