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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: a ^~ r C'ty Clerk 7 pc: Mayor & Council Planning & Zoning 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: --~ - ~and`~L_:- Nieman Ci Clerk pc: Minutes Sterling Codifiers State Electrical AIC • ~ 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: „~- ~ ana L: N eman Ci y C erk ~: . , _ M M pc: Minutes Sterling Codifiers AIC