1981 05-18
A G E N D A
MERIDIAN CITY COUNCIL
May 18, 1981
ITEM:
Minutes of the previous meeting approved
1. Review Of Add County Policies Urban Sewer Service
Bob Minter and Rick Jarvis, APA
2. Kent and Charlet Anderson - Hearing for Conditional Use
316 Camellia for Beauty Shop - DENIED
3. Robert and Kathryn Sangster - Hearing for Conditional Use
2612 Misty Drive for Potter Kiln - APPROVED with Conditions
4. Colin Connell - request for Beer/Wine/Liquor License
No representation
5. Leroy Nelson - Meridian Speedway request for Mobile Snack Bar
TABLED
6. Smith's Food King Backflow Prevention Device
Motion made and seconded to discontinue service if Development
Company, Mr. Earl Grossaint, has not installed Backflow Prevention
Device within ten (10) Days of notification. Motion Carried
7. Pre-Termination Hearing - Delinquent Water/Sewer/Trash
Motion Made and Seconded to discontinue ServiceMag 21, 1981
Motion Carried
8. Ordinance Number 389 - Adopting National Electrical Code 1980
Ordinance Number 390 - Adopting 1981 Edition of Life Safety Code
9. Department Reports:
Public Work's - East Carlton Water System Project
Attorney Bill for Legal Services - DVY Construction APPROVED
Sewer Project
J-U-B Engineers, Inc. Statement No. 2 -. HUD Community Block. Grant
APPROVED
Meridian Ci
Regular Meeting called to order by Mayor Joseph L. Glaisyer at 7:32 P.M.
1981
Councilmen present: Richard Williams; Grant Kingsford; Bill Brewer; Rick Orton Jr.
Others present: Bruce Stuart; Vern Schoen; Kent Anderson; Char let Anderson; Don Todd;
Kurt McWilliams; Trudie Hadley; Bob Min+~er; Rick Jarvis; Ray Sotero
Gary Smith; Rob Sangster; Coenradd Abas; Doug Nichols; Kathy Williams;
Sandy Murphy; Steve Gratton; Terry Smith; Wayne Crookston Jr.
Minutes of the previous meeting were approved as read.
Agenda
1 Review of Ada County Policies Urban Sewer Service
Robert Minter, Environmental Planning Director and Rick Jarvis, both from Ada Planning
Association were present to conduct review.
Minter: "We are here tonight in regard to updating Areawide Waste Treatment Management
Plan. You have taken action upon your boundary and we are making those changes at the
present time. The two items before you tonight are: the procedures for amending that
boundary and also the series of wastewater management plan updated policies. The
procedure for amending the 201 boundary you adopted recently. I might mention that
we now are in the process of making some minor adjustments on the input we have received
from the other jurisdictions. This specifically deals with the central sewer management
plans that have been adopted and are being implemented in the County. The process that
we have recommended to you for review and input is simply the process that is already
established in the Land Use Planning Act for amending the Comprehensive Plan for any
community or county. In your case you have a 20 year sewer service area and population
projection. We would like to have the Council's input at this time,"
Rick Orton: The State Code specifies the procedure already - why are you going beyond
this state code procedure, why are you supplementing this additional loop?"
Minter: "Mr. Chairman, Mr. Orton: We are not duplicating that, we are simply using
that. process in tying in the amendment of the sewer service planning area boundary
with the Comprehensive Plan amendment procedure.
Orton: "Why?"
Minter: "Because the intention is to try to establish consistency between the Urban
Service Planning Area that the community has adopted in their Comprehensive Land Use
Plan with the sewer service plan in twenty years - all the Comprehensive Plansare
established for 20 years for guidance. When a boundary in a 201 service area changes
it should be preceded by a Comprehensive Plan amendment process, or follow that process
that has already been established."
Orton: "If you are adding this loop to the statutory procedure for amendment, as I
understand the Associations role is basically advisory. Why don't we just stick with
the State Code procedure for amending it and you stand as advisory - why pull this
loop into the amendment procedure? If your role is advisory I don't see the need
to modify or adopt an amendment procedure different than what we've got - we can always
come and get your advise on a change without having a special procedure drawn up that
supplements what has been already developed."
Minter: "The intention is to have a consistent procedure for amending boundaries
of the 201 facility plans and Comprehensive Plans in unison between all entities.
At the time the City and County have an amendment procedure that they are following
in their Comprehensive Plans."
Orton: "The problem with this amendment procedure that bothers me greatly is in this
flow chart on the back of review for amending, you have APA Board in this amendment
procedure, together with the policies that have been recommended, it would appear to
me to put the APA Board directly in succession for approval of Urban Service Planning
Area, thereby controlling our annexations which. may temporarily be outside of that.
The policies which you haven't got in here yet require that we shall not annex beyond
those - that's policy No. 4 - and then policy no. 6 says that we agree to this
procedure for extending them. So if we came to an impasse with the APA Board on
extension of our urban service planning area, we wanted to extend beyond it, and annex
beyond it, and the APA Board did not want that they would be able to control our
annexations through their approval of this Urban Service Planning Area. Do you see
that as a problem?"
Meridian Ci t~
Hall .2. May 18, 1981
(Agenda 1 (COnt'd)
Minter: "NO, I do not. Because if you do it consistent with the procedure,
you amend your Comprehensive Plan and your Urban Service Planning Area as well,
prior to changing your boundary."
Orton: "But what if APA Board did not agree with that - they are in direct success-
ion in this review approval - what if they did not agree with that amendment to our
Urban Service Planning Area and would not approve our expansion of the Urban Service
Planning Area, and we still want to proceed - where would we be? Would we be able
to override the APA Board and go ahead with our annexation?"
Minter: "The Ada Planning Association i.s simply an advisory body. They are under
designation by the govenor of the Areawide Planning Agency for Wastewater Management
in the county under specific wastewater problem issues, such as domestic wastewater
generation and long range planning, which includes on-site waste disposal issues.
The intention for areawide wastewater management planning is to look on a broader
basis to assure that individual plans are not conflicting or duplicating one another.
Consistency with population projections in land use plans; demographic projections
based on specific study, oversizing facilities. I don't foresee the APA Board
attempting to block something, they may comment on a proposal from areawide prospective
does not seem consistent ~ necessary with other plans that have been adopted within the
area. But they do that right now under the A95 review process - they will still have
that process and still have that power, so to speak, even if this process didn't exist.
so they would be making similar comments. I think the procedure is simply set up so
that a Comprehensive Plan amendment proposal for Meridian or county, or Boise City,
or any other jurisdiction that has Comprehensive Plans adopted, it's tying your
wastewater management plan with that. I can't project the future of what conflicts
or disagreements will come about from having a uniform procedure to follow and what
the opinion of our board may be."
Orton: "Is it the intent of these policies in this amendment procedure to put the
Association as just an advisory position - or do you want this mandatory position
that I believe I see written into this. Would you rather just change all the language
to permissive language and say that the APA Board can review and comment, and get them
out of the approval of this thing - that would make a lot of these policies acceptable,
at least acceptable to me.. Right now the words are"shall" and "will" - if we could
change those to permissive language and leave the City with the authority to annex
that i:t has by statute - agreeing to~ths policy seems to take that away from us.
Would there be any problem with that with the Board or the Staff?"
Minter: "T think the intention of the Areawide Agency is to try and make the plans
consistent - they look at it on a much broader scale than the individual entities do.
They have a different staff and expertise on board to look at the full plan use and
the resource impacts for expansion of either facility plans or land use plans. Our
agency also serves as the agency to supply staff and support to the county in amending
their Comprehensive Plan. So, in that process I think any municipality that proposes
a Comprehensive Plan Amendment undoubtedly would have to be coordinated somehow with
the Group Management Department. This is something that will have to be discussed
with our Board in the terms of where they stand on these policies. These are the
starting point for updating the existing policies - there are only two or three new
ones. Our Board will be giving a presentation on these policies oP procedure on the
services areas either adopted or proposed on the updated facility plans on the 11th
of June. At that time we would be requesting input on redirection - if you don't
care for the terminology or the type of policies, or want something added. I don't
think they are trying in anyway disturb the policies or procedures the Council's
or Sewer Districts have for managing their sewer facility plants- we are not a
impelementing agency. But going back to the State's role and APA's role in allocating
public tax dollars into central sewer expansion, our responsibility is to provide
arewide guidance and concurrance with expansion of those faciities so that things are
made consistent. The State is requesting us, as well as EPA, to have an areawide
plan update. That is our directive under a Grant award - one of the Grant require-
ments is for us to have a procedure for amending the 201 Plan Boundariesin a uniform
way, across the board with everyone. I don't know if that's going to be possible -
you may be concerned with one word to be changed to another one while another entity
want's it just the way it is, that's something that the Board will have to struggle
with."
Orton: "I have no more questions on the amendment procedure."
-Merid#en-C#~y Hall .3. May 18, 1981
Agenda 1 (Cont'd)
Minter: "AS far as the other entities - we have met with all the other entities
governing sewer management plans in the area, we do have some minor changes but
I don't think they are to the extent that Councilman Orton has suggested. We are
certainly open to any input on any changes on the policies on whole or termi-
nology. There are some minor changes to the step by step procedure for instance
step I, the question come up whether a consensus can be established by the Planning
and Zoning Commission, City Council, Mayor, etc. I think we will be rewriting that
to express that the procedure that's established right now and written up in your
Comprehensive Plan for amending Comprehensive Plan is really what we are getting at.
That's Step 1 and comes before your Planning Commission. The combination on their
part and the sequence, I believe you have every six months for amending your plan
as the County does, the consensus can be interpreted to be an agreement and procedure
that you will follow a certain line of analysis for amendment of your Comprehensive
Plan. There is no decision made at point one (1)."
Mayor Glaisyer: "What entities, Bob, are involved with this right now?"
Minter: "Right now we have met with the Eagle Sewer District, Star Sewer District,
City of Kuna Council, Boise Public Works Department and Boise City Sewer Commission -
we haven't been before their Council yet. We expect a recommendation from the
Boise City Sewer Commission on the 4th of June."
Mayor: "Have you met with any major changes on what you presented tonight?"
Minter: "Not on the procedure we haven't. I have a few on the policies. On Policy
1 which lists the responsibilities of the various 3 key entities involved in
Continuing S9asteWater Management Planning, that is the State of Idaho, Health and
Welfare, Individual Municipalities and Sewer Districts and the Ada Planning Association.
Under APA it has been suggested that Item 3 be modified to eliminate expansion proposals
- it would read now - Review, Submit comments upon, and act upon all domestic waste
treatment facility and amendments in Ada County. Our purpose is to assure that the
201 boundaries are established on areawide basis and population projection are adjusted
accordingly to those boundaries. We have a baseline population that the areawide plan
is supposed to establish - the population projection for 20 years around 289,000 for
Ada County. Any expansion of the facilities that change that without a trade-off
in one area to another can add on to the population - that population has to come from
somewhere. We have a 58 allocation higher or lower from that baseline. The 1980 census
will give us new data to make a new projection in early 1982. At that time we will
make adjustments as necessary. Item 5 - it has been suggested to change to
Assist in annually tracking, providing guidance and interpreting the Domestic Waste
Treatment Management Plan - Policy Number 7: Serves no purpose and should be
omitted. Policy Number 10: Admending this policy to define and adopt a Policy
for the use or non-use of septic tanks and other on-site waste disposal systems.
We will be summarizing the suggested modifications to our Board on the 11th. I might
add that in the intial areawide plan we had eight policies and we have eleven proposed
now - but one of the policies I split out."
Orton: "I would like to make specific recommendations particularly on Policy Number 4.
The wording is: A city or sewer district shall not - this offers us no flexibility
on Annexations. I can foresee some situations where this mandatory "shall" can cause
us some situations. I would like to see that in permissive language - "should" or
something of that effect. And I would like to see that through these policies,
Policy Number 6 or through the amendment procedure, APA's role clearly defined as
Advisory so that we don't get to the situation I was trying to get at earlier where we
disagree and APA trys to control the situation."
There was discussion concerning the City of Meridian's procedure of Annexation and
example of being "out of the boundary" already.
Minter: "One of the reasons we want to establish new boundaries and establish a
process that would work with everybody to amend their boundaries consistently.
It might be possible with the Federal cut-backs in dollars in assisting in sewer
construction - Grant awards may be conditioned on those kind of situations in being
kept consistent." "Are there any other questions?" No response. "I will take
these comments that you had and summarize them for the Board when we talk to them
on the 11th."
Mayor: "We will defer any action until we get the final comments - your final draft
that we can approve, or disapprove."
s •
Meridian City Hall _ .4:
Agenda 1 (Cont'd)
18. 1981
Minter: "Given the Board will give us. some formal directions, we wllmove ahead with.
preparing a draft of the domestic wastewaterplan update. That draft plan will then be
submitted to the Advisory Committee and several key partifipating groups and we will
provide you with a copy. We will be scheduling public hearings ~ about the 20th of
July. There will be a 45 day period for comment so there is another opportunity for
you to provide input. Thank you very much."
Agenda
2 Kent and Charlet Anderson -- Public Hearing for Conditional Use for Beauty Shop
Kent and Charlet Anderson were present to request a Conditional Use to operate a
Beauty Shop in a portion of the garage of their home located 316 Camellia.
Mayor Glaisyer: "Public Hearing now open - is Mr. Anderson present?"
Anderson: "Mr. Mayor and Council" "The purpose of our hearing tonight is to request
a Conditional Use Permit for the purpose of building, operating a Beauty Salon in our
residence in the garage facing Camellia, in Meridian. At the present time our plans as
they stand are to remodel the garage - take half of it." Anderson displays plans
before the Mayor and Council. "This is a drawing off from the garage, the plans are
to take half of it with the entrance coming in over here, put in a false wall here,
leave the front of the structure so that the overhead door is there and we still have
storage for lawnmowers and this type of thing in front of it, restroom facility and
still leave room to park one vehicle in the garage. There would be no aesthetic changes
to the outside of the structure from the way we have the remodeling planned at this time,
Our plans are to run a part time business strictly for the purpose of supplementing
income. The type of the business that it is will not create any offensive activity as
far as the neighborhood is concerned in the form of objectional people - there will be
no noise, no glare, this type of thing, coming from it. We don't see any additional
stress placed on public facilities such as the Police Department, Fire Department,
City water and sewer, and there would be no additional cost as far as the City is
concerned for what we are doing. Where we are located on Camellia we have access to
that Subdivision coming off of 4th, coming off Meridian and also off of 2nd. This is
the way this Subdivision lays according to this plot map,"(Anderson demostrates traffic
flow) "Our parking plans. (1) our own vehicle would be inside the garage during day-
time hours. The second vehicle, because it is daytime hours, would not be there - I
would have it for my regular occupation. There's parking for 2 additional vehicles
in the driveway in front of the structure at the present time. We have room for 3
additional vehicles on the street, not interfering with the neighbors parking normally
used for them, This would be more than adequate for the number of people that would
be coming at any one time. We contacted the people within 300 foot impact area and
we have come up with more than adequate number of signatures, asfar as percentages
are concerned. The primary thing we are looking at is, providing additional income,
being able to leave my wife at home with the family, the small children, and not
have to go out and take the second job. I have no further comment at this time."
Mayor Glaisyer: "I would entertain any public comments at this time."
Sandra Murphy: "I live on West 2nd Street and I would like to say that my husband
and I have discussed this and we have no objection to this - we live just down the
street from them. We don't feel like there will be enough increase to traffic to
bother the neighborhood and T have talked to other neighbors who feel the same way
we do."
Trudie Hadley: "I live on Cherry Avenue, one of the streets you go down to get to
their (Anderson's) house and I can see no problem with the shop in the neighborhood,
As far as increase of traffic - it takes a half an hour minimum to do a haircut
maybe 2 or 3 hours to do a permanent - there would be 5 or 6 vehicles at the most
in a 8 hr. day, perhaps only one at a time and that would not make that big of a
problem."
Kurt McWilliams: "I don't see any problem with this - T live just two houses away."
Charles Roundtree: "I live at 231 West Camellia. I am opposed to the granting of
the subject conditional use permit and the basis of my opposition is as follows.
On Page 8 of the Cities' Comprehensive Plan are set out the Cities Planning Goals,
Goal Number 2 states "TO ensure that growth and development occur in an orderly
fashion in accordance with adopted policies and procedures governing the use of
land, Residential development, the provision of services and the distribution of
Meridian Citv Hall
Agenda 2 (COnt'd)
5.
~~
18, 1981
new housing units within the urban service planning area. The objective identified
in the plan for land use to obtain the goals says "Recognize 1) The importance of
maintaining compatible land uses to ensure an optimum quality of life, etc." And
one of the policies to meet this objective states the City of Meridian intends to
plan for the periodic reviewing, monitoring, and updating of land uses within the
area of impact and urban service planning area. In addition the objective of
community identification addresses such things as; creation of visual identity,
pleasant environment and states "A town that is attractive will draw more shoppers,
visistors, businesses, and residents than will one that is unattractive." It is my
opinion as a professional planner that the development of commercial use in a single
family residential area would not be considered orderly as identified in goal number
2. Nor could it be considered a compatible use maintaining an optimum quality of life;
as stated in the land use objective. With respect of community identity one only
needs to drive through this subdivision to see that this has not been obtained and
would not be furthered with this use. The subdivision in which the proposed use
would occur is a medium to high density residential area with approximately 8
dwelling units per acre. The condition of the neighborhood ranges from neglect
to well kept with an overall appearance of depressed. Because of the relatively
high density development the lot sizes are small therefore making the streets not
only the neighborhood play area but also the parking area for operable andinoperable
vehicles. There are approximately 49 school age children and 18 preschool age
children in the Fran Meridian Subdivision that do utilize the existing circular
street system as a play area. Present traffic in this area is generally that of
neighborhood residents and their visitors with daily traffic ranging from 6 to 10
vehicles per hour on Camellia during the work day of 9 to 5. This range is the
result of actual counts and traffic projection assumptions. There are only two
roads to access the site of the use, Camellia or Cherry Avenue. The points to be
made from this are 1) The proposed use could and in all likelihood would further
the degradation of quality of life in this area, 2) The use, assuming 12 customers
per 8 hours, will increase traffic in this otherwise untrafficked area, approximately
13 to 20~ thus increasing the probability of child vehicle accident. Particularly
with the fact that the vehicle operatiors coming to this commercial establishment
in question will be unfamiliar with neighborhood situation. 3) Additional demand
will be placed on the on street parking. 4) The Commercial use is in conflict with
the subdivision protective restrictions and covenants that states that, "The lot are
residential lots and restricted to residential use." By allowing conditional uses
to spring up here and there reduces the viability of designated residential areas.
It also has an adverse impacton the areas zoned for commercial uses by inducing
residential commercial competion thus discouraging businesses to locate in our
already depressed commercial areas.
Don Todd: "I live close and I am in favor of the Beauty Shop going in there."
Roundtree: "Is the request of the Conditional Use Permit still for 2 stations?"
Anderson: "The recommendation of Planning & Zoning last week that it be for one (1)
operator with no sign."
City Clerk: "The Motion of Planning and Zoning was quote "approval with the conditions
that the operator must be registered, a one operator business, meets all City codes
and that there be no sign"
Mayor Glaisyer: "Any other comments from the Public?" No response "Public Meeting
Closed." "I call upon Vern (Bldg. Inspector) for comment."
Schoen: "Same comment as on record. (Too many conditional permits in residentail areas.
Mayor: "The Building Inspector was against.this Conditional Use16
Ward: "NO comment other than there will be a business fee basis."
Fire Chief Welker: "Same comment as on record." (Does not approve)
Mayor: "Fire Department does not approve of this proposal." "I have a question of
Mr. Anderson - Mr. Anderson is your water and sewer bill paid? Are you current with
the City at this time?"
Anerson: "I will be before it's time for them to shut it off."
Mayor: "Gentlemen, I would recommend denial of this proposal. What is the Council's
feeling?"
Meridian City Hall
Agenda 2 (COnt'd)
.6.
18, 1981
Councilman Brewer: "Mr. Mayor, we discussed this to some extent earlier, and I think
that all of us agree that this Conditional Use Permit on a individual basis do deserve
merit. We are going to have to take a close look at continuing to let this kind of
Conditional Use exist in Residential areas that makes it possible to perform and run
a business in direct competition with other businesses in town who pay all the normal
fees in order to exist in business. I disapprove of the Conditional Use Permit."
Councilman Kingsford: "Charlie did you say that the restrictive covenants in your
neighborhood forbid this--?"
Roundtree: "The restrictive covenants state that this is to be used only for residential."
Kingsford: "Well, I think legally we cannot grant a Conditional Use Permit- -Counselor?"
"Correct me if I'm wrong, but the citizens of that neighborhood could bring suit against
the operator anyway, under the restrictive covenants."
Attorney Crookston: "Correct"
Kingsford: "I don't think we should approve something that the citizenry of that
particular sub. was depending on when they pruchased the land - unless there was
100 approval."
Councilman Williams: "I can appreciate the Anderson's wanting to supplement their
income, but there's probably half a dozen shops downtown that this is their primary
source of income. With that they are in Commercially zones areas, they do pay
a different water and sewer hookup fee than the average resident. By approving some
of these we are giving an unfair advantage for residential part time operator is
competing with someone that does this for a living - and have to pay all their bills
from this. If we do approve some of these I would hope that we would start the charge
on Commercial rates. If they have two (2) chairs they would pay $1600.00 in hookup
fees - things like this. In case like these I know the area and I intend to agree,
this is not the place for it."
The Motion was made by Bill Brewer and seconded by Grant Kingsford to disapprove the
Condition Use Permit request of Kent and Charlet Anderson, 316 Camellia to operate
a Beauty Shop.
Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea; Williams, yea
Agenda
3 Robert and Kathryn Sangster - Hearing for Conditional Use Permit for Potter Kiln
Mayor: "Public Hearing is now open for Robert and Kathryn Sangster 2612 Misty Drive"
Robert Sangster: "The Permit request before the Council is to allow me to make stone-
ware pottery in my home and to-sell this pottery elsewhere, at various art shows
throughout the Treasure Valley. In no way will I be admitting any traffic or anyone
to my home for the purchase of that pottery - this is solely an extension of my hobby.
I work full time and my wife works also - 2 would not hire anyone for the purpose of
the business. (Sangster displays drawing of property and proposed pottery kiln)
The kiln is to be set upon a 20 x 24 foot cement slab, Professionally installed,
Intermountain Gas will install from the street to the premise a gas line and gas meter,
I will contract a Licensed Plumber to install the gas line from here to the kiln and
at that point, once it is hooked up, Intermountain Gas will at that time come out
and inspect the gas line and the kiln while it is in operation during the first time I
fire the kiln to make sure that it is totally safe. The area will be enclosed with a
six (6) foot fence, the front facing the street, the side and the back area- the fence
will extend to the back property line and across the back. This is a Natural Gas Kiln."
Orton: "What are we talking about For the noise?"
Sangster: "Just a large oven six gas burners, a galvanized hood. The noise would
be less irritating than a lawn mower - it makes a dull kind of a murmuring type of sound
If you have a gas camp stove, you turn it on and it makes kind of a minute hissing
sound because of the combustion of the gas."
Orton: "Has it any motors attached to it?"
Sangster: "No fans, this is just a natural venturi burner. I would regulate
through the use of three valves the mixture of gas and air - I have to have a cold
burning flame in order for the heat to rise in the kiln so I have the proper mixture
of gas and air inside the manifold of the burner."
~ Meridian Ci
Agenda 3 (Cont'd)
.7.
18. 1981
Brewer: "It doesn't roar then, or have a blast type flame that comes out"
Sangster: "No sir, you can barely see the burners because the burners are set about
an inch below the bottom of the kiln itself. It doesn't create any type of a flame.
There are no flames that would come out the roof of the kiln, just heat. I want to
contain this heat in order for the temperature to rise - I do this by manipulating the
dampers in and out."
There was discussion concerning other kiln around in the area.
Sangster: "This is a 16 cu. foot"
Kingsford: "I read in the P&Z minutes that you would only be firing it two or three
times a month."
Sangster: "I work full time and this is a extension of my hobby, I willonly be doing
this on weekends at this time and during the daytime. I will not be firing the kiln
unattended. I will install a lock system - a heavy duty master lock system so that if
someone did hop the fence they could not pry open the door. The gas meters have a
on - off main valve leading from the meter to the kiln itself - a heavy duty locking
device will be used when off."
Kingsford: "I have some serious doubts in my mind whether it even requires a permit -
he's not selling anything."
Sangster: "I will have quite an investment in the kiln and I did not want to place it,
fire it and then a few months later have someone not like it."
Attorney Crookston: "AS far as whether or not you need a permit I'm not quite sure
either, but it is the same type of deal as productions - whether or not he sells the
pottery on the lot or not. The other thing that I am aware of is that whoever has a
kiln generally get into classes."
Williams: "DO you intend give classes or eventually sell pottery at your residence?"
Sangster: "TO be honest with you ~ yes we have discussed this and if this does take
off and I do get a lot of orders. But most likely two or three years from now and in
a Commercially zoned area. At this point of time there will be no resale - I don't
want people coming to my residence, I paid a lot of money for my home, I don't want
the neighborhood to deteriorate, I don't want a lot of traffic because we have a lot
of small children in the area, and I don't want to jeopardize the aesthetics and
evironment."
Mayor Glaisyer: "Are there any comments from the public?"
Ray Sotero, Statesman Reporter: "How much pottery can you fire at one time?"
Sangster: "16 cubic feet worth - about 10 planters, a couple of casseroles and
seven mugs."
Mayor: "Are there any other comments from the public?" No response "Hearing Closed."
The Motion was made by Williams and seconded by Kingsford to approve the Conditional
Use Permit to Robert and Kathryn Sangster, 2612 Misty Drive, for potterymakng as long
as it meets the City Codes, no classesare taught, retail-sales do not occur on the
premises.
Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea.
Agenda
9 Colin Connell - request for Beer/Wine and Liquor License for the WATER TOWER,
605 Franklin Road
No representation
Agenda Leroy Nelson - Meridian Speedway
5
Nelson: "I am asking for a Variance to allow a mobile home,that has been converted
into an office building, be converted into a concession stand. T would like to
establish this on the south end of the main grandstand. The purpose of this would
be to utilize the restroom facility at this end that are not being used at this time.
The reason they are not being used is because all our products are being sold and
distributed on the north end of the grandstand and the people that come down to
purchase are then using the restrooms. I felt if we could offer our product on
the south end we would be utilizing the south restroom facilities. Prior to this,
I contacted Bill (Brewer) and Earl (Wastewater), Nancy Goodell (CDH) with the
Hall
Agenda 5 (Cont'd)
18. 1981
feasibility of putting in some chemical toilets on the north end to try and alleviate
the restroom problem. We had no problem with the Waste Management but Miss Goodell
did not approve the chemical toilets because of past problems with other facilities
like this. Central District Health has established the number of restrooms for the
seating attendance and we do have adequate facilities - they are just not being used."
Mayor Glaisyer: "Leroy, would you be taking this off and on during the race season,
or keep it there the year round?"
Nelson: "AS long as T operated the Speedway it would be there because it would be my
purchase. Tt would be inside the compound and only used for anything going on inside
the Speedway. It is a concession stand."
Brewer: "I would like to add that because of Leroy's success and excellent management
that he has this problem down there. He has had higher attendance than they have had
for many years and he has brought about a real great thing as far as racing in this
area. He did try to take other steps to try and cure the problem - there has been
complaints that people are having to wait in line too long for the restroom."
Kingsford: "Is that a less expensive venture than the type of dispensary that you
have as you enter?"
Nelson: "Yes, it would be. If we went to a permanent type structure it would be a
whole different figure. This is a mobile - the building, architecture, foundation
etc. would be more expensive."
Williams: "Are you going to be hooking up to water and sewer?"
Nelson: "Yes sir."
Williams: "Will there be any seating inside?"
Nelson: "No, it will be for employee only."
Restroom facility inside the mobile was discussed. Nelson stated they could use it
for Employee's only or not at all,
Fire Chief Welker: "I would have to look at it and see what would be required to meet
Fire Codes and Life Safety Codes."
Mayor: "Would you be opposed to it if he met all the Codes?"
Welker: "Not if he met all the Codes."
Schoen, Bldg. Inspector: "Number one, you have a mobile home ordinance and you can`t
allow a mobile home on account of that and the other thing is that it doesn't meet
Building Code requirements, period, So you have those two (2) variances - one from
the Mobile Home Ordinance and one from the Building Code."
Orton: "From what aspect of the Building Code doesn't it meet?"
Schoen: "Walls, structures, insulation, entry, exit, etc."
Attorney Crookston: "You need the variances for a conditional use. The reason Dempsey
got a conditional use was because of the Commercial venture in a Resident ial area -
here you are talking about Commercial in a Commercial area. This would not need to
go through the Condit ional Use procedure just the variances - no hearings required."
Kingsford: "I presume the Dairy Board does not care if they have it?"
Nelson: "They are in favor of it - it will increase their interest by keeping the
attendance happy,"
Crookston: "I would be concerned about the previous problems that the City has had
with the Speedway - there may be possible Fire Code variances that he needs like keep-
ing the trailer sufficient distance from the stands, etc."
Nelson: "From the South fence to existing stand there would be approximately 20 feet,
If we put in a 10 foot wide trailer then it would reduce it to 10 feet."
Welker: "This I don't think we can approve"
Nelson: "We could remove some structure"
The Motion was made by Williams and seconded by Brewer that the Mobile Snack Bar request
for the South end of the Speedway be tabled pending input from the City Building
Inspector and Fire Chief on the site plan with Mr. Nelson.
Motion Carried: Kingsford,. yea; Brewer, yea; Williams, yea; Orton, yea
~,
Meridian City Hall •9•
Agenda
6 Smith Food King Backf low Prevention Device
18. 1981
Mayor: "I think we have discussed this for two (2) years - I recommend to the Council
that we notify Mr. Grossaint that we intend to abide by our already existing
Ordinance that requires the backflow.preventer be installed. Any comments from the
Council?"
There was discussion concerning a date that this be installed by.
The Motion was made by Richard Williams and seconded by Bill Brewer that the City
notify Mr. Earl Grossaint that they must install Backf low Previention Device at
Smith's Food King, 1600 East First, within ten (10) days or they shall be deemed
in violation, water will be shut off, the City Attorney will be instructed to
punish by fine in any sum not exceeding Three Hundred ($300.00) Dollars or imprison-
ment for a term not exceeding one hundred eighty (180) Days or by both such fine or
imprisonment."
Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea
Orton, nay
Stuart, Public Works: "DO you want the whole work's shut off - Smiths, Falks and all?"
Kingsford: "It is the Development Company that we're arguing with - shut the whole
work's off."
Agenda
7 Pre-Termination Hearing - Water/Sewer/Trash Delinquencies
Mayor Glaisyer: "This is to inform you in writing,that you have the right to a
pre-termination hearing, at 7:30 p.m. May 18th before the Mayor and Council, to appear
in person to be judged on facts and defend the claim made by the City that your
water, sewer and trash bill is delinquent. You may retain counsel. This service
will be discontinued May 21 unless payment is received in full. Ts there anybody in
the public that wishes to defend themselves?" There was no response. "Hearing closed."
Mayor: "They are hereby informed that they may appeal or have the decision of the
City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even
though they appeal, the water will be shut off."
The Motion was made by Williams and seconded by Kingsford to turn off delinquent water,
sewer and trash users on May 21, 1981.
Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea
Mayor: "The total amount of delinquent accounts is $3,750.55 - 63 accounts."
Agenda
8 OTHER BUSINESS
Mayor Glaisyer read Ordinance Number 389 entitled: AN ORDINANCE AMENDING TITLE 2,
CHAPTER 3, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ELECTRICAL
CODE, BY ADOPTING THE NATIONAL ELECTRICAL CODE OF 1980, AS REFERRED TO IN SECTION 2-301.
Mayor: "IS there anyone in attendance that wishes this ordinance read in it's entirety?"
There was no response
The Motion was made by Brewer 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 389 as read be passed
and approved.
Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea.
Mayor Glaisyer read Ordinance Number 390 entitled: AN ORDINANCE ADOPTING THE LIFE
SAFETY CODE OF THE CITY OF MERIDIAN, BY ADOPTING THE 1981 EDITION OF THE LIFE SAFETY
CODE, NATIONAL FIRE PROTECTION ASSOCIATION.
Mayor: "IS there anyone in the audience that wishes Ordinance 390 read in it's entirety?"
There was no response
The Motion was made by Williams 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 390 as read be passed and approved.
Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea
~~
Meridian City Hall .10. _ _____ May 18, 1981
Agenda DEPARTMENT REPORTS
9
Stuart, Public Work's: "The East Carlton water line improvement project is
almost complete. There are three (.3) Change Orders which amount to $1044.20 which
has been accepted. I will be making the final inspection.
City Clerk presented a bill from Ambrose, Fitzgerald, Crookston & McLam Attorneys
for legal services for water and sewer project in the amount of $682.00.
The Motion was made by Williams and seconded by Kingsford that the bill for legal
services pertaining to DVY Construction, Debts, E.P.A. Assignment, claim and
arbitration from August 18, 1980, through April 30, 1981 in the amount of $682.00
be paid, and transfer of funds made from the Sewer Fund to the Construction Fund.
Motion Carried: Williams, yea; Brewer, yea; Kingsford, yea; Orton, yea
Mayor Glaisyer presented a bill from J-U-B Engineers, Inc. for 1981 HUD Application
Statement No. 2 in the amount of $1,071.84.
Kingsford: "We have received our HUD Grant but we haven't gotten our letter of credit
and we can't make draw down's in less that $5,000 increments."
The Motion was made by Kingsford and seconded by Brewer that the J-U-B Engineers, Inc.
Statement No. 2 for the 1981 HUD Application, services performed from March 28, 1951
to April 25, 1981, in the amount of $1,071.84 be paid, transfer of funds from the
Water and Sewer Fund to the Block Grant Fund.
Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea
There being no other business to come before the Council the Motion was made by
Kingsford and seconded by Brewer to adjourn at 8:55 P.M.
ATTEST:
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C'ty Clerk 7
pc: Mayor & Council
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Ann Kiebert
City Clerk
City Attorney
Vern Schoen
City Attorney
Earl Ward
Bruce Stuart
Fire Chief
Police Chief
AIC; APA; ACRD; CDH;
Ada Commissioners
Ada Zoning Director
Nampa-Meridian Zrrig,
School Supt
Statesman; Valley News
O
MA Jos ph L. Glaisyer
• ~ ORDINANCE N0. 389
AN ORDINANCE AMENDING TITLE 2, CHAPTER 3, OF THE REVISED AND COMPILED
ORDINANCES OF THE CITY OF MERIDIAN, ELECTRICAL CODE, BY ADOPTING THE
NATIONAL ELECTRICAL CODE OF 1980, AS REFERRED TO IN SECTION 2-301.
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 2, Chapter 3, Electrical Code:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF .MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Title 2, Chapter 3, Electrical Code, shall be
and the same is hereby amended by adopting the National Electrical
Code of 1980 in Section 2-301 of said Chapter 3, as follows:
2-301 NATIONAL ELECTRICAL CODE ADOPTED: The National Electrical
Code of 1980 is hereby adopted with the below stated additions,
if in conflict with the National Electrical Code, shall over-
rule said Code:
and
in the final paragraph of said Section 2-301 oP said Chapter 3,
adoption of the said National Electrical Code of 1980 shall be made
by reference, as follows:
zsi
Said National Electrical Code of 1980, three (3~ copies of which shall -.
be on file at all times at the office of the Clerk of the City and--.
shall be made a part of the City ordinances as if set out in length ' _ _
herein. '
Section 2. WHEREAS, there is an emergency therefor, which emergency
is declared to exist, tBis ordinance shall take effect and be -in-force '
from and after its passage, approval and publication as required byelaw.
PASSED by the City Council and approved by the Mayor of the City
of Meridian, Ada County, Idaho, this 18th day of May, 1981.
APPRO
o p L. laisyer
-ATTEST:
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~and`~L_:- Nieman Ci Clerk
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• ~ ORDTNANCE N0, 390 • •
AN ORDINANCE ADOPTING THE LIFE SAFETY CODS OF THE CITY OF MERTDI'AN, BY
ADOPTING THE 1981 EDIT TON OF THE CTFE SAFETY CODE, NATIONAL FIRE
PROTECTION ASSOCIATION,
BE IT -0RDATNED BY THE MAYOR AND CITY COUNCLL OF THE CLTY OF MERIDIAN,
ADA COUNTY, IDAHO:
Section 1. LIFE SAFETY CODE: The 1981 Edition of the Life Safety
Code of the National Fire Protection Association, is hereby adopted.
Said Life Safety Code, three (3) copies of which shall be on file at all
times in the Office of the Clerk of the City of Meridian, shall be made
a part of this Code as if set out in length. herein,
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 pn61ication as required by law,
PASSED by the City Council and approved by the Mayor of the City of
Meridian, Ada County, Idaho, this 18tH day of May, 1981.
ATTEST:
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ana L: N eman Ci y C erk
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