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1981 06-01 AGENDA MERIDIAN CITY COUNCIL June 1, 1981 ITEM Minutes of previous meeting May 18, 1981 APPROVED 1. Colin Connell and William A, Hon - Beer/Wine/Liquor License 35 E. Fairview TODD'S PUB APPROVED 2. Robert Sangster - Variance for setback for insta17aton of Pottery Kiln 2612 Misty Dr. APPROVED 3. Mr. Kay T. Hult, Bio-Energy -Variance for Soliciting DENIED 4. Leroy Nelson - Beer License Transfer from°Meridian Dairy and Stock Show, Inc. APPROVED 5. Leroy Nelson - Variance for Mobile Snack Bar Meridian Speedway APPROVED 6. Bills APPROVED 7. Ordinance Number 388 - Linder Industrial Park Annexation APPROVED 8. Resolution Number 76 - Authorizing Signatures for Payment Vouchers - Community Development Block Grant 9. Wastewater Superintendent and Crew Commended 10. Smith Food King - Green Acres Properties, Earl Grossaint Attorney instructed to initiate legal action for enforcement of Back Flow Preventer Device Meridian City Hall June 1, 1981 Regular meeting called to order by Mayor Joseph L. Glaisyer at 7:34 P.M. Councilmen present: Richard C. Williams; Grant P. Kingsford; Bill G. Brewer; Rick Orton Jr. Others present: Bruce Stuart; Roger Welker; Vern Schoen; Robert Sangster; Gerald Mattison; Earl Ward; Douq Nichols; Colin Connell; Gary D. Smith; Wayne Crookston Jr., Leroy Nelson Minutes of the previous meeting were approved as written. Agenda 1 Colin Connell and William A. Hon - Beer/Wine/Liquor License Colin Connell was present to request approval of application for a retail Beer, Wine and Liquor License. Connell stated that their proposed location will be 35 E. Fairview, North View Shopping Center and that it will be a "small type, evening type bar, a couple of pool tables in the back, no live music but a juke box or stern system, seat about 45 people." Mayor Glaisyer called for comments from Department Heads. Chief of Police Nichols: "If we keep putting more bars in we (Police) are going to need more people." Brewer: "The only thing I can say is better at this location than where they had originally intended." Williams: "Counselor, when a beer, wine and liquor license is issued like this, does it stay with the location or stay with the individuals?" Attorney Crookston: "Individual." "The license can be moved with approval" Williams: "So it would have to be approved if moved." Connell: "We have to keep in our names for two years anyway - we can't sell it and have to keep it in partnership for two years." Connell stated that the name of the bar will be Todd's Pub. Kingsford stated that he thought there would be a parking problem. Orton : "I would suppose it would be the owners responsibility to contact the other lessee's about this?" Connell: "I asked him if he was going to have any conflict with his tenants and he said "No." "I asked the manager for Meridian Associates, the new owner." The Motion was made by Rick Orton and seconded by Kingsford that the Beer, Wine and Liquor License be granted to Colin Connell and William A. Hon dba Todd's Bar located at 35 E. Fairview. Motion Carried: Williams, yea; Kingsford, yea; Orton, yea Brewer, nay Agenda 2 Robert Sangster - Variance for setback for installation of Pottery Kiln Robert Sangster, 2612 Misty Dr, Sunnybrook Farms was present to request a variance for setback as the kiln installation would not comply with the 20 foot setback requirement. There was much discussion concerning operation of kiln. The same discussion as in minutes of May 18, 1981. Sangster displayed sketch drawn to scale. There will be a 20 x 24 foot cement slab, a Hood of galvanized steel on the kiln itself, the area surrounding slab will be gravel to handle water runoff, insurance will fall under Songster's Homeowners Insurance because it is a hobby. Vern Schoen, Bldg. Inspector explained the requirements of the Fire Code,the NFPA Pamphlet, and it speaks of this being a Commercial piece - it calls for 20 toot setback, 1 hour protection if falls to 10 foot, if building by itself has to have 3 hour protection." Fire Chief Welker: "The only way this can be done is a variance from the Code." dian City Hall .2 (Agenda 2 (Cont'd) Sangster: "If it pleases the Building Inspector and the fire Chief, I would be willing to set up on either side an asbestos flexboard, 1/4 inch thick, 4 feet high on my side of the Pence to the studs, likewise to my garage so that any heat, which will be Hill, will be an obstruction -" Kingsford: "We are just talking about a variance in this 11 foot portion between the kiln, garage and property line?" Schoen: "You are asking for a variance on two sides. The asbestos would not meet the code you would still have to grant a variance. The only way he could meet the Code would be to go to an one hour fire wall." Williams: "That has an automatic shut off hasn't it?" Sangster: "I am purchasing the safety package." (see minutes of May 18, 1981) There was discussion concerning hazards. Williams: "I feel that Mr. Sangster is taking more than reasonable precaution on this and I think he is trying to make an effort to comply." The Motion was made by Williams and seconded by Brewer to grant Mr. Robert Sangster, 2612 Misty Dr., variance from the Fire Code for setbacks on both sides of the pottery kiln. Motion Carried: Williams, yea; Brewer, yea; Orton, yea Kingsford, nay Agenda Mr. Kay T. Hult, Bio-Energy - Request for Variance from Ordinance for Soliciting 3 Mr. Hult: "I am District Manager for Bio-Energy, Inc. and I would like to first express my appreciation to you for the opportunity for coming here tonight. I am respectfully requesting you to consider a variance for door to door solicitation. Mr. Hult gave a personal summary explaning that he and his family are native Idaho, and residing in Boise for the last ten years, his son attends Meridian High School. Hult: "We are a Company that has developed a new product of a bacterial fermentation in combination with fertilizers which will enhance plant growth and our main thrust is in lawn care." "Our marketing program is basically door to door. When we approach a door we do leave a homeowner a bottle of our indoor plant formula which retails for $3.95, and ask them to use it and then we ask if they would mind us coming back in a few weeks. Rather than going to an expensive marketing program we felt we could pass the savings on through a direct marketing program. The headquarters of the company is in Salt Lake° Mayor: "Have you or your firm been approved by the Better Business Bureau?" Hult: "We are registered with the Better Business Bureau and all of our products are registered with the Department of Agricultural in the State of Idaho. We are licensed by the City of Boise, City of Nampa, Twin Falls, Lewiston and Moscow." Brewer: "We have no Business License - I have no problem with your product, it may be a very great thing but I do have a very real problem with granting a variance to our solicitation ordinance in that it would set a precedence and maybe bring on further trouble." Kingsford: "I like to be left alone when at home, to the extent that I hate the papers the kids throw on the lawn. I would rather not and would vote that way." Hult: "One of my reasons for requesting this is to let you know that I am a resident and we are not a fly-by-night - I live in Boise, own my home and intend to stay there." Orton: "What aspect of the ordinance are you requesting this variance?" Hult: "That we be allowed to contact the homes door to door," Chief Nichols: "According to the Ordinance they can contact by telephone and solicit upon invitation - no grant of variance needed." Kingsford: "I don't approve of telephone soliciting either." Hult: "I have had this experience also so I appreciate your feeling." Meridian City Hall .3. June 1, 1981 Agenda 3 (Cont'd) The Motion was made by Kingsford and seconded by Brewer to deny th e request by Mr. Kay T. Hult, Bio-Energy District Manager, for a variance from the City Soliciting Ordinance, door-to-door so liciting. Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea Agenda 4 Leroy Nelso n - Beer License Transfer from Meridian Dairy and Stock Show, Inc. Mayor: uLeroy Nelson has applied fora transfer of the City beer license for the Meridian Speedway from the Meridian Dairy and Stock Show, Inc., so it is a matter of a transfer and a $25.00 fee." The Motion was made by Brewer and seconded by Williams to transfer the Meridian Speedway Beer License from the Meridian Dairy and Stock Show, Inc. to Leroy Nelson, Meridian Speedway Manager. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea Agenda Leroy Nelson - Variance for Mobile Snack Bar 5 Mayor: "We discussed this at the last meeting and I will ask Vern (Bldg. Inspector) to summarize the letter that you have directed to the Council." Vern Schoen: "T think the biggest problem is allowing him to go ahead without giving variance from the Codes. To begin with he needs 1 hour walls if less than 20 feet, he needs architectural drawings for the building, foundation, etc.- those are all in the Codes." Brewer: "Even with consideration of him tearing out the stand?" Schoen: "You would still have to have all this other." Williams: "I would like a question of Vern and Roger - approximately three years ago they were supposed to have a step by step upgrade of the Meridian Speedway to comply with current Fire and Life Safety Codes - what happened with that?" What is our exposure as far as that whole situation?" Welker: "They have been granted variances - the only way this could be brought up to code would be to tear the whole thing down. Things have done step by step so variances could be granted. We have inspected it annually." Williams: "What condition is it in now?" Welker: "Up to the condition where the variance can be granted. But something more to be added will require another variance - what is projected to be put in there does not meet codes." Brewer: "I know the City has to have codes and has to live by them, but by the same token we have a right to give a variance. I know we hired these two people to watch out for our best interest but in this case we need to maintain common sense visible attitude. I think there has been a great deal around there to make it a lot better than several years ago." Williams: "Is that in the position now for the variance Leroy is asking for - is it feasible? Let's get down to the down-to-earth pratical situation - is it feasible to grant this variance? Is there any work that should be done prior to granting it? What do they need to do to keep them from the point they don't need a variance?" Schoen: "The only thing they could do is remove those grandstands completely and put in fire proof grandstands or cut them down no taller than 12 feet - if you did it would cut them out about 3/4 of the seating capacity. I'm not sure but I think 12 feet high is all that bleachers can be. They still do not have the proper type of steps - there is supposed to be even steps all the way down, There is supposed to be exit seats so far apart, I mean your length on your seating capacity. If you are going to make them reach Code then my basic opinion is that they have got to tear it down and start over," Williams: "Is the Snack Bar Mobile going to create a substantial increase in the danger?" Schoen: "I assume there has been a lot of research done with these codes or they (City of dian .4. C, June 1 (Agenda 5 (Cont'd) wouldn't be this requirement. Somewhere along the line one of these exploded or burned. Now the Codes used to be different - we had fire zones. Different zones for different fire proof buildings. Now they use the distances wherever you are at. Brewer: "Where I was raised they put in a lighting system 35 or 40 years ago on huq_h Pine trees - it's still there solid. For many years now you have to use an spun, aluminum, tapered pole for a lighting system. No one can afford to do that. These Codes and rules made by OSHA were made to live by now and the years to come but to use good common sense we have to forget some of this stuff. I think it is reasonable for this man to have a stand there, and what I call reasonable safety and I think he should be granted his variance." The Motion was made by Brewer and seconded by Orton that the Council grant Leroy Nelson, Meridian Speedway Manager, a variance from the Building Codes and Fire Codes for a Mobile Snack Bar at the Meridian Speedway. Brewer, yea; Orton, yea; Kingsford, nay; Williams, nay Mayor Glaisyer broke the tie by voting yea. Motion Carries Agenda gills were read 6 The Motion was made by Kingsford and seconded by Williams to approve the bills Motion Carried: Williams, yea; Kingsford, yea; Orton, yea; Brewer, yea Agenda Mayor Joseph Glaisyer read Ordinance Number 388 entitled: AN ORDINANCE ANNEXING 7 AfJD ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING A PART OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN WHICH PROPERTY IS ADJACENT TO AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. Mayor: "This ordinance is more specifically known as CINDER INDUSTRIAL PARK ANNEXATION. Is there anybody in the audience that wishes to have Ordinance No. 388 read in it's entirety?" There was no response. Mayor: "The described property is to be zoned "D" Industrial" The Motion was made by Kingsford and seconded by Orton 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 388 as read be passed and approved." Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea; Williams, nay Agenda Mayor Joseph Glaisyer read Resolution Number 76 authorizing Joseph L. Glaisyer, 8 Mayor; A.M. Kiebert, City Treasurer; LaWana L. Niemann, City Clerk; and Grant P. Kingsford, Councilman to sign, on behalf of the City of Meridian payment vouchers, when drawn down against its letter of credit for Community Development Funds, and further resolved, that Bill G. Brewer, Councilman be designated to certify the authenticity of the signature of individuals authorized to execute Treasury Form TFS-7578. Mayor Glaisyer read Resolution in full. The Motion was made by Rick Orton and seconded by Bill Brewer that Resolution Number 76 Community Block Grant HUD be adopted to authorize Mayor Glaisyer, City Treasurer, City Clerk and Councilman Kingsford to sign letter of credit payment vouchers and to designate Bill G. Brewer to certify the authencity of those signatures. Motion Carried: .Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea dian City Hall Agenda OTHER BUSINESS 9 5 June 1 Councilman Williams: "I would like to publicly commend Earl Ward and his crew, especially Dan, out at the Treatment Plant for their efforts Saturday night. Earl was out there past midnight trying to keep the plant running after 4 1/2 hour power failure - for those 4 1/2 hours they kept the plant in compliance and I think it shows real dedication" Mayor Glaisyer agreed with the commendation. The Motion was made by Williams and seconded by Kingsford to instruct the City Attorney to institute legal action against Green Acre Properties regarding the fire sprinkler system and enforcement of installation of a backflow prevention device. Motion Carried: Kingsford, yea; Williams, yea; Orton, yea; Brewer, yea There being no other business to come before the Council the Motion was made by Brewer and seconded by Orton that meeting be adjourned at 8;15 P.M. Motion Carried Meeting Adjourned. ATTEST: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea ~ / I ~ / Cit Clerk J pc: Mayor & Council Planning & Zoning Commission City Clerk City Treasurer City Attorney Building Inspector City Engineer Earl Ward Bruce Stuart Fire Chief Police Chief AIC;APA;ACHD; Central District Health Nampa-Meridian Irrigation Ada Zoning Director Ada County Commissioners School Supt Statesman Valley News Treasure Valley Meridian Cit Fall ~ -6- • June 1 1981. Voucher Date Amount 1071 5-29-81 State of Idaho - hlithholding Tax 951.?_0 1072 5-29-81 Association of Idaho Cities 2,300.0E 1073 5-29-81 Colonial Insurance 760.40 1074 VOID 1075 5-2.9-81 State Auditor - State of Idaho 4,562.46 18850 5-29-81 Meridian Q R. U 357.00 ..: aa. P^.eridian Cit Fall • -7 • Julie 1, 1981 Voucher Hate P.mount 1002 5-29-81 Ace Hardware 39.61 1003 5-29-81 Ada County Highway District 140.00 1004 5-29-81 Allied Envelope 85.14 1005 5-29-81 Ambrose, Fitzgerald, Crookston F~ McLam 3,371.25 1006 5-29-81 Big 0 Tires 5.50 1007 5-7.9-81 Bodine Oil Company, Inc. 304.87 1008 5-2.9-81 Brewer Pest Control 8.50 1009 5-29-81 Bureau of Business Practice 116.40 ]..^,10 5-29-81 Butler P!ational Corp, 27,70 1011 5-29-81 Cadillac Pen Company, Inc. 16.15 1.017_ 5-29-81 Boyd martin Co. 146,18 1013 5-29-81 Christian Supply 145.25 1014 5-29-81 City Of Boise 128.30 1015 5-29-81 City of P?eridian 115.60 1016 5-29-81 Control Parts Distributors Inc. 6.00 1017 VOID 1018 5-29-81 Co-Operative Oil Assoc. Inc. 2.78 1019 5-2.9-81 Culligan Water conditioning 15.00 1020 5-29-81 Datafax Business Equipment 215,00 1021 5-29-81 Discount Office Equipment, 7.05 1022 5-29-81 Don's Shell Service 165,20 1023 5-29-81 The Economics Press, Inc. 20.09 1024 5-29-81 Elite Cleaners 5.25 1025 5-29-81 Farmer Bros. Co. 60.60 1026 5-29-81 Frontier Tire 15.00 1027 5-29-81 Graybill Wholesale Company 7.01.99 1028 5-29-81 Harold's Electric 58.25 1029 5-29-81 Horlan's 311.21 1030 5-29-g1 Idaho Paging 54.00 1031 5-29-81 Idaho Power 6,455.38 1032 5-29-81 The Idaho Statesman 11.70 1033 5-29-81 Intermountain Gas Company 214.05 1034 5-29-81 J & D Printing 3.00 1035 5-29-81 Kalbus Office Supply 118.08 1036 5-29-81 Kaman Bearing F.. Supply Corp. 12.34 1037 5-?_9-81 L. R L. Tilling 678.00 1038 5-29-81 McGraw-Hill Book Clubs and Subscription Programs 26,14 1039 5-29-81 Meridian Auto Parts 2.70 1040 5-29-81 Meridian Drug 36.81 1041 5-29-81 P+eridian Ford Sales, Inc. 167.95 1042_ 5-29-81 P+eridian Lock R Key 14.60 1043 5-29-81 Modern Printers 61.65 1044 5-29-81 P"orrison - Knudsen Company, Inc. 62.50 1045 5-29-R1 Mountain Bell 693.75 1046 5-29-81 Pay'n Save Corporation 26.21 1047 5-2.9-81 Paul's Conoco 3.20 1048 5-29-81 Perma-Green 89.50 1049 5-29-81 Radio Paging Service 42.00 1050 5-2.9-81 Rocky Fountain Fire Sprinkler, Inc. 105.04 1051 5-29-81 S & F Auto Parts 28.12 1052 5-29-81 Sears and Roebuck Co. 250.20 1053 5-29-81 Share Corp. 79,50 1054 5-2.9-81 Sheehan's 5.50 1055 5-29-81 Star Photo Service 2,58 105E 5-29-81 Starline Equipment Company 793.40 1057 5-29-81 Bureau of Federal Surplus Property 25.50 0158 5-29-81 State of Idaho 593.95 1059 5-29-81 Steinbach Auto Body 545.50 1060 5-29-81 Storey Feed R. Seed Co. 43.80 1061 5-29-81 Sundance Dodge Inc, 122.00 1062 5-29-81 Valley Pews 57.76 1063 5-29-81 Volunteer Firemans Assoc. 288.00 1064 5-29-81 Viking Automatic Sprinler Co. 40.08 1065 5-29-81 Woodmans 38.00 1065 5-2.9-81 7amzows 70,74 1067 5-29-81 7_ellerbach Paper Company 105.01 1068 5-2.9-81 Control Parts Distributors Inc. 3.50 1069 5-29-81 Ada County Highway District ?.00.00 #~~: i • Meridian City Hall -~- JEane_1; 1981 Voucher Date Amount 18660 5-5-81 U,S, Post Office 399.40 18667_ 5-6-81 U.S. Post Office 72.00 18749 5-8-81 Elaine Town 274.29 18753 5-12-81 Boise City Recreation 40.00 18755 5-12-81 Idaho First Pational Bank 12,052.89 18756 5-19-81 Association of Idaho Cities 125.00 18757 5-18-81 Idaho First National Bank 18,323.22 18758 5-21-81 VOID - 18759 5-21-81 U,S, Post Office 73.50 18760 5-29-81 Gary Smith 1.00 18761 5-29-81 Joseph L. Glasiyer 526.08 18762 5-29-81 Bill G. Brewer 81.18 18763 5-29-81 Grant P, Kingsford 88.68 18764 5-29-81 Rick Orton 88.68 18765 5-29-81 Richard f„ Williams 88.68 18766 5-29-81 LaWana L. P!iemann 936.05 18767 5-29-81 Mary Jane Harper 617.80 18768 5-29-81 Tamera Perkins 453.34 18769 5-29-81 Judy Ann Byers 413.15 1°770 5-2.9-81 Candy Hall 2.33.61 18771 6-29-81 Carol Ann Brown 384.10 18772 5-29-81. John O. Fitzgerald 147.67 18773 5-29-81 Jean E. Moore 555.30 18774 5-29-81 Rick L. Richardson 865.97 18775 5-29-81 ~?orman Williams 907.22 1"776 5-2.9-81 Dennis James Estes 855.79 18777 5-29-81 Kevin Dale Robertson 870.62 18778 5-29-81 Terry L. Tipton 942.44 18779 5-29-81 Mark S, Shaver 765.42 18780 5-29-81 Gene N, Trakel 848.99 18781 5-29-81 Richard Doug Nichols 1.,060.31 18782 5-29-81 Alfred R. Thorusen 724,12 18783 ~-29-81 "!orman Corde 7.56.71 18784 5-29-81 Jerome 0. Payne 242.71 18785 5-29-81 Terry Pollard 102.68 18786 5-29-81 Charles Younger 98.07_ 18787 5-?.9-81 Charles Knepp 93.35 18788 5-29-8.1 Alan Shrader 37.34 18789 5-29-81 Richard P. Donahue 535.41 18790 5-29-81 P,oger L. 4ielker 197.44 18791 5-29-81 Raymond L Voss 835.71 18792 5-29-81 Bruce D. Stuart 1,030.60 18793 5-29-81 Mark L. Aguirre 718.09 18;94 5-29-81 Gregory B, t"ialker 629.77 18795 5-29-81 Carol Schultz 321,89 18796 5-29-81 Ann M. Kiebert 1,012.06 18797 5-29-81 Lana S, Peoples 525.12 18798 5-29-81 Judy M. Blessing 318.83 18799 5-2.9-81. Carla SuePbberts 292.31 18800 5-29-81 John Farl 4!a rd 1,188.35 18801 5-29-81 Robert K. Royd 831.58 18802 5-?_9-:31 Frederick H. Putzier 780.10 18803 5-29-81 Dan Grogg 703.51 18804 5-29-81 Kris I<, Jennison 731.87 18805 5-29-81 P,obert J. Parsons Jr. 723.36 18806 5-29-81 Sandra K, P!ordman 377.98 18807 5-29-81 First Security l0O,000.00 18808 5-29-81 Dean Crane Const. 8,662.20 18809 5-29-81 U.S, Post Office 273.60 18825 VOID 18838 6-1-P,1 Farmers and Plerchants State Bank 3,595.60 18842 VOID 18843 5-29-81 Vern Schoen 452.65 18844 6-1-81 Jim Bentley Jr, 200,00 18845 5-28-81 Idaho First '!ational Bank 5,033.45 18846 5-29-81 Idaho First .^!ational Bank 9,845.12 18849 VOID 1001 5-29-81 City of Meridian 78.25 .. 1,,. N <]U ~ ~ fir: r.,:; ~ .% .- • • ORDINANCE N0. 388 '~ ~~ ~ r .~~'~' AN ORDINANCE ANNEXING AND ZONTNG CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING A PART OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN WHICH PROPERTY IS ADJACENT TO AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian have con. eluded that it is in the best interest of said City to annex to the said City certain real property which is described as follows: PETERSON PROPERTY Commencing at the Southeast corner of Section 11, in Township 3 North, Range 1 West of the Boise Meridian, in Ada County, State of Idaho; thence N 1°01'45" W., along the East boundary of said Section 11 a distance of 1122.80 feet to the TRUE POINT OF BEGINNING; thence S. 88°58'15" W. a distance of 598.48 feet; thence N. 1° 01'45" W., parallel to the East boundary of said Section 11 a distance of 368.67 feet to a point on the Southerly boundary of the right-of-way for the Oregon Short Line Railroad; thence N. 8952'44" E along the Southerly boundary of said Railroad right- of-way, a distance of 598.56 feet to a point on the East boundary of said Section 11 a distance of 359.20 feet to the TRUE POINT OF BEGINNING. This parcel contains 5.00 acres, more or less.. NETTLETON PROPERTY The North five (5) acres of the following described tract of land; a tract of land situated in the Southeast quarter of Section 11, Township 3 North, Range-1 West, Boise Meridian, Ada County, Idaho, more particu- larly described as follows: Beginning at the Southeast corner of said Section 11, thence N. Ol° 01.'45" West along the East boundary of said Section 11 a distance of 392.80 feet to the REAL POINT OF BEGINNING, thence continuing N O1°01'45" West along said east boundary a distance of 730.00 feet, thence S. 88°58'15" East a distance of 598.48 feet to the REAL POINT OF BEGINNING. HOWELL PROPERTY Commencing at the SE corner of Section 11, Township 3 North, Range 1 West of the Boise Meridian, in Ada County, State of Idaho, running thence West 598 1/2 feet akong the South line of said Section 11 to a point, the true and real place of beginning; thence running West 573 1/4 feet along said South line of said Section 11, thence North 149 1/2 feet, more or less, to the South line of the right-of-way of the Oregon Short Line Railroad; thence East along said right-of-way 573 1/2 feet, more or less, to a point which is 598 1/2 feet West of the East 1irne of Section 11; thence South 1485 feet, more or less, to the place of beginning. EXCEPT that portion South and West of Canal. This parcel contains 14 acres, more or less. RATIGAN PROPERTY Commencing on the SE corner of Section 11, Townshj'p 3 North, Range 1 West, Boise Meridian, in Ada County, State of I'dahop running thence West 598.5 feet along said South line of said Section 11; thence North 1492.5 feet, more or less, to the South line of the right-of-way of the Oregon Short Line Railroad; thence East along said rigfit-of-way 573.5 feet, more or less, to a point which is 598.5 feet West of the East line of Section 11; thence South 1485 feet, more or less, to the place of beginning. This piece of property is that portion South and West of the Canal. BAXTER PROPERTY 1 TRACT I: The East one~half of the following described tract of land: Part of the South half of Section 11, Township 3 North, Range 1 West, Boise Meridian, described as follows: Beginning at a point on the South line of said Section 11, 1172 feet West of the Southeast corner oP the Southeast quarter of said Section 11, running thence North 1492 1/2 Peet, to the Idaho Central Railway right- of-way; thence Westerly along said rigfit-oP-way 1750 Peet, thence South 1494.7 feet, thence East 1750 feet to place of beginning, in Ada County, Idaho. Containing 30 acres, more or less, in said East half of said Tract. Together with ten inches of water from the Ridenbaugh ditch and Government water right pertaining thereto, as distributed by the Nampa-Meridian Irrigation District, subject to easement for the carriage of 84 inches of water through and across said land. Subject also to Government water charges and assessments under contract between the Government and the Nampa-Meridian Irri'gati'on District. • ~ ORDINANCE N0, 388 ~ • TRACT II: Beginning at a point 2047 feet West of the Southeast corner of Section 11, Township 3 North, Range 1 West of the Boise Meridian, on the South Section line thereof running thence North to the Idaho Central Railway right-of-way; thence Westerly along said right-of-way 364.5 feet West of the Point of Beginning; thence East 364.5 feet to point of beginning: Containing 12 1/2 acres, more or less. Together with Government water right pertaining thereto, as distributed by the Nampa Meridian Irriga- tion District, subject to easement for the carriage of 84 inches of water through and across said land. Subject also to Government water charges and assessments under contract between the Government and the Nampa-Meridian Irrigation District. MORROW PROPERTY Part of the Southeast quarter of-the Southeast quarter and the Southeast quarter of the Southwest quarter of Section 17, Township 3 North, Range - 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a point 2411.5 feet West of the Southeast corner of Section 11, on the South Section line thereof; running thence North to the Idaho Central Railroad right-of-way; thence Westerly along said right-of- way 510.5 feet; thence South to the said Section line to a point 510.5 feet West of the PLACE OF BEGINNING; thence East 510.5 feet to the PLACE OF BEGINNING. EXCEPT ditch and road rights-of-way. VAN AUKER PROPERTY 1201.9 feet East of the Southwest corner of the Southwest quarter:~of Section 11, Township 3 North, Range 1 West, Boise Meridian, in Ada County, State of Idaho, the real place of beginning; running thence East 1156.3 feet; thence North 1494.7 feet to the point of the intersection of the Idaho Central Railroad, now known as the Union Pacific Railroad right-of-way; thence West along said right-of-way 1156.3 feet; thence South 1518.9 feet-to-'the- place of beginning. Excepting the following three parcels: EXCEPT: A parcel described on Instrument #346900, 2.0 acres, more or less;, EXCEPT: A parcel described on Instrument #346700, 1.1 acres, more or less; 259 EXCEPT: 1487.75. feet East of SW corner of the SW 1/4, Section 11, Township: °_ 3 North, Range 1 West of the Boise Meridian in Ada County, Idaho,-the real place of beginning; thence running West 285.85 feet; thence North 331.82, feet to a point herein referred to ds "Point A". Thence starting again . from the real place of beginning North 0°36' West 331.82 feet; thence- westerly to a point herein referred to as "Point A", containing 1.4 acres, more or less. RAILROAD RIGHT-OF-WAY Commencing at the Southeast corner of Section 11, Township 3 North, Range West of the Boise Meridian, in Ada County, State of Idaho; thence North 1°01'45" West along the East boundary of said Section 11; a distance of 1482.00 feet to the TRUE POINT OF BEGINNING: Thence South 88°58'15" West along the°Southerly boundary of the Railroad right-of-way a distance of 4800 feet; thence North 1°01'45"West, parallel to the East boundary of said Section 11, a distance of 200.00 feet; thence North 89°52'44" East, along the Northerly boundary of the Railroad rigfit-of-way, a distance of 4800 feet; thence South 1°01'45" East, a distance of 200.00 feet; thence South 88°58'15" West, a distance of 40.00 feet to the TRUE POINT OF BEGINNING. WEST HALF OF CINDER ROAD Commencing at the Southeast corner of Section 11; thence North 1°01'45" West along the East boundary of said Section 11, a distance of 392 feet to the true point of beginning. Thence North 1°01'45° West a distance of 1090 feet; thence North 89°52'44" East a distance of 40 feet; thence South 1°01'45" East a distance of 1090 feet;-.thence South 88°58'45° West a distance of 40 feet to the TRUE POINT OF BEGINNING. NORTH HALF OF FRANKLIN ROAD Commencing at `.the Southeast corner of Section 11; thence Nest a distance of 598.5 feet along the South Section line of Section 11 to the true point of beginning; thence West a distance of 2323.5 feet; thence South a distance of 40 feet; tfience East a distance of 2323.5 feet; thence North a distance of 40 feet to the TRUE PO TNT OF BEGINNING. NON, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY IDAHO: 260 f~~~ ~''::_ , ,, <:... j • ORDINANCE N0. 388 •~ ~'~^ Section 1. That the aforementioned real property, which is described above be and the same is hereby accepted, as requested by the owners, and made a part of the City of Meridian, Ada County, Idaho. 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. The above described property to be known as CINDER INDUSTRIAL PARK and zoned "D" INDUSTRIAL is annexed to the City of Meridian sub3ect to the following requirements: That the Preliminary Ptat to be submitted answer to the questions of traffic, landscaping, sewer and water connections, and design review. Section 4. This Ordinance shall be in full force and effect from and after its passage, approval and pu6licatibh asprequired by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 1st day of June, 1981. ATTEST: a ana L. Niem n C' y erk pc: Ada County Recorder Ada County Assessor State Tax Collector Sterling Codifiers AIC Ada County Commissioners ACHD Ada County Tax Collector Ada Coun~y Zoning Director APA; CTM UPR; J-U-B Central District Health Idaho Power Co. Idaho Survey & Rating Bureau, Inc. Intermountain Gas Co. Mountain Bell Nampa Meridian Irrigation State Electrical Board State Highway Dept. State Plumbing Board Glen Stephens Engineer Director U.S. Dept. of Commerce; U.S. Post Office City minutes Dept. Heads Walt Morrow ~h':~Ef(~A~, in C^,•'unCtiCn Wlth app?l CdtiOn for CC"'~"ani±y 1EV CSl O'-~1.712nt Funds, ~.;~e Departm.ent of Housir.o and Urban. _e~,~elopment requires for~_a' cer'~;ficat~on of signatures of individua?s authorized to draw on the c ted ler.e~ ^` c!^^~.it by payment voucher; ~~'OW, ?HEREFORE, BS I? RESOLVED, that the fo "owing are hereby author- ized to sign, on behalf of the City of Meridian ^ayment vouc'^ers, when drawn down aeainst its letter of credit, such requests to be signed by any two of the following off±cia's: ~oseoh L. Glaisyer, Maycr A. M. Kieber';, City "reasurer LaWana L. ~iiemanr., Cty Clerk Gr~~ r'. P. "Cinasford. ' ounci lman BE ? FLR?~"R R=SOLVED, that Bill G. Brewer, Councilman of tha City of Meridian be designated to certify the authenticity of the signature of individua?s authorized to execu±e ?reasury Form ?'"S-7578, Reeuest for °ayme°.y on Letter of Credit and Status of Funds Report. ?he fereaoing resolution was duly adopted Sy ±he City _;,;':ncil of the ~'ty ~~` ~4eridiar~ on the 1st day of June, 198?. ~~ s s ///~~_ ~TT._~r '~ r1 / % oc: A:C Sterlinc Codifiers _-'J-8 engineer<.., .'.nc. _.aes May 19, 1981 Honorable Joe Glaisyer Mayor City of Meridian Meridian, Idaho 83642 Dear Mayor Glaisyers Thank you for allowing me a fex moments of your time Thursday last in reference to door to door solicitation. I am respectfully requesting an appearance before you and your council t for the purpose of seeking a variance from your ordinance in reference f to solicitation. An expedient appointment xill be appreciated. S. Thank you for your consideration. Sincerely, ~~ ~'~/~ ay T. Hul / District Manager j ~ ~" MpY 1 9 1981 ~D/~'c~ e C ~.'e. }} !., t a',~_ _ r 1, ~~M ~ F l K. C. and ASSOCIATES - 8755 GODDARD ROAD - BOISE, ID 83704 - PH: (208) 375-6190