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1982 08-02 A G E N D A MERIDIAN CITY COUNCIL Auqust 2, 1982 ITEM: Minutes of Previous Meeting Held July 19, 1982 1. PUBLIC HEARING: Revenue Sharing 2. PUBLIC HEARING: Johnson Place Annexation, "C" Camiercial 513 So. Meridian Road 3. Meiners Tract - Request for Council Endorsanent For County Zoning 4. Model Ordinance - Establishing Rules of Procedure For Public Hearings 5. Department Reports 6. ACHD - Keith Jacobs; Re: Catherine Park Culdesac 7. HUD Grant Draw-dawn Request for Payment - $40,000.00 8. Payment Authorization to J-U-B: Further Study of Creamery Building - $1,000.00 9. HUD Grant B-81-DS-16-0001 Billings: Northwest Underground Surveys - $675.00 Handy Hardware - $7.93 10. Bi11s 11. Tentative Budget Meeting Set - August 16, 1982 APPROVED PREPARE FIIVDINGS OF FACT & CONC. OF LAW APPROVID ATPY. TO PREPARE FOR COUNCIL REVIEW IIVPiTP INPUT APPROVID APPROVID APPROVID APPROVID Meridian Citv Counci] Regular neeting called to order by A7ayor Joseph Glaisyer at 7:35 P.M. Members Present: Grant Kingsford; Ron 'Iblsma; Rick Orton; Bill Brewer 2 Others Present: Earl Ward; Steve Gratton; Rosemary Campbell; Christopher Canq~bell; Roger Welker; Russell Johnson; George Gregory; Vern Schoen; Noe & Helen Alidjani; Gary Smith; Greg Walker; Keith Jacobs; Wayne Crookston Minutes of the previous meeting held July 19, 1982, o~ere approved as written. Item 1 PUBLIC HEARING: Revenue Sharing Mayor Glaisyer explained that the City of Meridian will receive approximately $45,000:00-in`Federal Revenue Sharing. Glaisyer: "I would open the public hearing for any corranents as to how the City could spend these funds." "Is there any one from the public that wishes to make comments on the revenue sharing?" There was no response. Glaisyer: "Public hearing clos~l." Glaisyer: "Is there any comment from the Council on the revenue sharing at this time?" There was no response. It~[t 2 PUBLIC HEAFJTIG: Johnson Place Annexation, "C" Commercial 513 So. Meridian Road Russell Johnson was present representing his request for annexation for 9.9 acres to be zoned "C" Commercial. This property is presently being used as Meridian Rental Center and will be continued to be used as such. Johnson explained that the North side of the property was "Grandaddy Rights." South is zoned Agricultural at the present time. Since the property does fall under the Ca~rehensive Plan under Commercial Mr. Johnson expressed his desire to go into the City rather than to obtain County Zoning. (Tape on File) Johnson proposed to put a high board fence fran the road to the back of the property or. the residential side to obscure any vision on the residential side. Johnson explained that it is 700 feet to City Sewer fran his property. The ordinance states that he must only connect to City Sewer & Water if the property is within 300 feet. Tolsma: "Are you planning on using the whole 10 acres?" Johnson explained that he uses part of the property to demmnstrate the rental equipment. Johnson stated that the majority of his rental equiFnient is farm equiFxnent. Roger Welker, Fire Chief: "This creates an enclave for fire purposes." There were no other Department Head c~¢nents concerning this annexation request. Mayor Glaisyer: "I will nag open the Public Hearicta on the request for annexation by Pussel Johnson for 9.9 acres. Is there anyone from the public that wishes to testify on this matter?" There was no response. Glaisyer: "Public Hearing closed." The Notion was made by Kingsford and seconded by Orton to authorize the City Attorney to draw up the Findings of Fact and Conclusions of Law and prepare an Ordinance on the Johnson Place Annexation. N.s~tion Carried: Kingsford yea; Tolsma, yea; Orton, yea; Brewer, yea; Meridian City Council 2. August 2, 1982 Item 3 Meiners Tract - Request for Council 13~dorsement on County Rezone Bill Meiners was present representing his request of the Council for a letter of endorsement concerning a County rezone to residential. Ke stated that he would like the Council to endorse this concept. All members of the Council agreed that this would be an ideal solution. The Motion was made by Orton and seconded by Kingsford to authorize I+fayor Glaisyer to write a letter to Fla County Zoning endorsing the rezone on the miner's property. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Item 4 Discussion: Model Ordinance Establishing and Fixing Rules of Procedure for Public Hearings Before the Meridian City Council Mayor Glaisyer presented his request that the Council adopt an Model Ordinance Establishing and fixing rules of procedure for public hearings that cane before the City Council. There was discussion concerning this Ordiance. (Tape on File) Attorney Crookston explained that he felt this Ordinance would be very helpful in hearing procedures and could be modified or enlarged to fit the procedure that the Council would like to follaa. (Tape on File) Crookston: "I would like to have you adopt this as a procedural policy." "we follow the procedure sanetimes, but sometimes we don't." "This is mandated. We have to adopt sane type of procedure." The Motion was made by Kingsford and seconded by Tolsma to authorize the City Attorney to draft a Procedural Ordinance for the Council's review. Notion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Item 5 Department Reports Vern Schoen questioned the Council on if they had a chance to inspect the wood foundations going in at madow View #2. Kingsford stated that he felt the Soil Conservation did not think the wood foundations were a good idea. Schoen agreed with Kingsfords observation. There was discussion on the high ground water level. (Tape on File) Orton stated that he did not see anything in the Uniform Building Code concerning ground water. "They do not preclude building wood foundations on high ground water." "So, if the soil is ok then it (wood foundations) would probably be under the code right now." Kingsford questioned where the approval to put the wood foundations in at madow View #2 had come fran. Brewer explained that Mayor Glaisyer got ahold of the majority of the Council to see if they would go along with the idea to put a couple of the wood foundations in and make inspections on these two foundations. This was approved by a majority of the Council. (Tape on File) There was more discussion. (Tape on File) Schoen stated that he felt that use of the wood foundations should be a Council decision. Schoen explained that the inspections are done per the 1979 Book of Standards. (Tape on File) Meridian Citv Council 3. August 2, 1982 Item #,'5 Cont'd: Department Reports . Earl Ward, Wastewater Supt expressed his concern over the request fran Catherine Park for a second water/sewer hookup. Ward stated that to his knowledge the easement through the Crow property had not yet been obtained. Orton: "We should require that they (Catherine Park) give us an easement to record before we can give them any more sewer/water hookups." "Before we can give any more hookups we need the easement and a schedule for the completition." There was discussion conce2ning the inspections. (Tape on File) Brewer stated that the easements had been settled, they had just not been recorded as of yet. Gary S7ni.th, City Engineer stated that he has had cronversations twice with Jim Potter requesting the easenent, but we have not received it yet. "I am assuming that it has been settled because they did go ahead with construction." "It is my understanding that it is settled, we just haven't received any doctmientation as of yet." Greg 47alker, Water Department stated that they would like to take a bacteria test on this also. Item 6 Keith Jacobs, ACHD; Re: Catherine Park Keith Jacobs representing Ada County Highway District, stated that the ACHD would be cronsidering the culdesac request at Catherine Park. iAr. Jacobs explained that Catherine Park is requesting a modified hammerhead and not a full canplete culdesac. Jacobs: "I would like to get sane feedback fran you, on has you would like to proceed with that request." Jacobs vpeent over the plan. (Tape on File) There was discussion conce~•~ning the problems of having a hammerhead. (Tape on File) 9aith: "They (Catherine Park) have just used more of the property than is actually theirs by deed." "Both ends of Cathie Lane have created problems." Roger Welker, Fire Chief: "There is iw way you are going to get a truck dawn in there, even to back it up." Kingsford: "I think they have sane more work to do. I certainly think that we have to stay with the culdesac or sanething that you can turn a truck around." "That was the original agreement with them." "I think that we ought to stay with the culdesac, or an alternative that would grant aturn-a-round." Mayor Glaisyer: "That oras our original agreement. Is the Council in agreement, or do you have other opinions?" Brewer: "That was the original idea." There was discussion. (Tape on File) Is was the decision of the Council after discussion that the., would request the culdesac per the original. agreement with Catherine Park, or an alternative that would grant aturn-a-round. Jacobs thanked the Council for their time, and stated that their input would help ACRD a great deal. q, _ August 2, 1982 Item 7 Request for Payment on Letter of Credit for HUD Grant B-81-DS-16-0001 Mayor Glaisyer presented the Request for Payment to the Council for their approval. This is in the at~unt of $40,000.00 The Motion was made by Kingsford and seconded by Tolsma to approve the draw-down for $40,000.00 on HUD Grant B-81-DS-16-0001. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Item 8 Authorization of Payment to J-U-B to PUrther Study the Creamery Building The Notion was made by Brewer and seconded by Kingsford to authorized payment of $1,000.00 to J-U-B Engineering to further study the possibilities of the old Creamery Property to be used as a City Complex. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Item 9 Gary Smith, City Engineer: FIUD Grant Billings Gary Smith, City Engineer presented the Council with a billing fr~n Northwest Under- ground surveys in the amount of $675.00. This is grant eligable. The Notion was made by Kingsford and seconded by Tolsma to approve the billing from Northwest Underground Surveys in the amount of $675.00 for T.V. work payable from HUD Grant B-81-DS-16-0001. Motion Carried: Kingsford,yea; Tolsma, yea; Orton, yea; Brewer, yea; Smith presented a billing from Handy Hardware for pipe fittings used in connecting a sump piunp in the amount of $7.93. This is grant eligable. The Motion was made by Kingsford and seconded by Tolsma to approve the billing from Handy Hardware in the amount of $7.93, payable from the HUD Grant B-81-DS-16-0001. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Item 10 Bills The bills were read. The Notion was made by Kingsford and seconded by Tolsma to approve the bills. Notion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Item 11 Tentative Budget N~eting Set Mayor Glaisyer: "On August 16, 1982, the City of P~xidian will hold a tentative budget meeting to go over the budget which begins October 1, 1982." Being there no other business to come before the Council . The Notion was made by Kingsford and seconded by Brewer to adjourn. Notion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Meeting adjourned at 8:25 P.M. ATTEST: _ ~ - L. Ni , Ci Clerk MODEL ORDINANCE FOR 13A.ES CF There has been much discussion reoentl PROCEDURE FOR PUBLIC FIEARINGS rules of rocedur+e for Y regazdincr P public hearings before city council meetings. The city of Coeur d'Alene recently adopted an ordinance setting forth rules to be follaaeci on public heazings at oonmcil meetings and it has been placed in mxiel ordinance form below for use by other cities. MODEL ORDINd1l1 AN ORDINAL ESTABLISHING AND FIXING RJIES CF PROCEDURE FOR PUBLIC FO;ARINC',S BEF'0~ THE ; AND PRO~IIDING AN EFFDCtIVE DATE HERECF. BE TP ORaAINED by the Mayor and City Qoimcil of the City of Section 1 The following rules are hereby established, shall be observed in the conduct of any Public Hearing before the City Council of the City of shall be known as the " and ~_ Rules of Procedure^. ------- 1. No person shall be pezmi.tted to testify or speak before the City Ootmcil at a Public Hearing, unless such person has signed his name and written his resi- dential address thereafter on sign-up sheets to be provided by the city. This rule shall not apply to staff or technical witnesses directed by the mayor to-give evidence or information to the City Cotmcil. Hearing Ntr~reudcei shall be permitted to speak before the City Cormcil at a Public person has been recognized by the mayor. 3. All Public Hearing proce~gs shall be recorrk~c] electronically or steno- graphically and all persons speaking at such Public Hearings shall speak before a ~ In such a mariner as will assure that the re~rded testimony or r+en~arics will be accurate and trustworthy. 4. At the ~rznoernent of the Public Hearing, the City Council shall establish a tore limit tO lie observed by all speakers. The titre limit shall be established, dePPnding on the comber of speakers who sign up for each Public Hearing and shall aPP1Y rnly to the speaker's oomzierzts. 5• The speaker shall not be interrupted by n>~nbers of the City Council until his time limit has been wed or until he has finished his statertent. 6. At the c~nclusirn of a speaker's commnts, each City (buncilman, when r,e~q_ nized by the mayor, shall be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The question and anscer period shall not be included in the speaker's time limit, as established. 7. Wizen the Public Hearing is quasi-judicial in nature or one after which the City Camcil is required by law to make Findings of Act, each speaker must sweaz or affirm that hYS testimony will be true and correct. 6. An}• person not crnforming to any of the above rules may be prop{tited from prohibition, he ma ~ lic Hearing. Should any person refuse to caiply with such Y rerrpved from the roan by order of the mayor. 9• T-~ CitY Cowzcil may suspend or amend any one or more of these rules by vote of one-half plus one of the full City Council. 10. The ~~ ol~v~the authority to interpret and apply the foregoing rules, eject to an ty Council majority vote of the council whose decision shall b=_ determined by a ma~izers present. Section 2 All ordinances, resolutions, rules and policies in conflict with this ordinance are hereby repealed. Section 3 This orYiinance shall take effect and be in full and publication, PASSED by the Council and APPRC'JED by the City Clerk uprn its passage, approval 19B 'Mayor -10-