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1982 01-18 Meridian City Council A G E N D A January 18, 1982 ITEM: Minutes of the previous meeting held January 4, 1982 APPROVED 1. David Nelson 1982 Beer/Wine and Liquor License WAR EAGLE SALOON REFUNDED 2. Clyde "Rusty" Dempsey - Request for Variance from Trash Pick Up DENIED 3. Engineer Structures - Kurt Kroll representing: NAMPA VALLEY HELICOPTER Arthur Lilard and John Nielsen INPUT 4. O.J.'s Restaurant 1982 Beer and Wine License Renewal 5. DEPARTMENT REPORTS: Building Inspector report re: CUSTOM WOOD PRODUCTS GEM FABRICATORS APPROVED City Engineer Gary Smith re: WRIGHT CONSTRUCTION BILL BETHAVIN SUB CROSSING AGREEMENT P1ERIDIAN MANOR #3 W/S SYSTEM January 18, 1982 Agenda 1 Regular meeting called to order by Mayor Joseph L. Glaisyer at 7:35 P.M. Councilmen Present: Grant Kingsford; Bill Brewer; Rick Orton; Ron Tolsma Others Attending: Bruce Stuart; Vern Schoen; Gary Smith; Earl Ward; Roger ldelker; Wayne Crookston; Doug Nichols; Kurt Kroll; Rusty Dempsey; Kenneth Marler; Ray Sotero; Robert VanTries;Coenraad Abas; David PJelson; L. Eldon Denney;Art Lilard; John Nielsen (Nampa Valley liel icoptor) Minutes of the previous meeting held January 4, 1982 were approved as written. David Nelson - 1982 Beer/Wine and Liquor License David PJelson was present to request the refund of fee paid to the City for the War Eagle Saloon Beer/Wine and Liquor License Renewal for 1982. There was discussion. (Tape on file) The Motion was made by Kingsford and seconded by Brewer to go into Executive Session to discuss legality with City Attorney Wayne Crookston. P1otion Carried: All yea Ray Sotero, Statesman fdewspaper: "Mr. Mayor, as a representative of the Statesman I would like to know what Code you are citing to go into Executive Session" Attorney Crookston: "Under the Code meeting law that allows us to meet and consider pending litigation and Attorney rights to advise his client under Attorney-Client privilege." Sotero: "What is the pending litigation?" Crookston: "There is pending litigation that could possibly concern the City in the Bankruptcy Court that is already pending." Sotero: "I am going on record that as a representative of the Statesman I protest the Executive Session." Mayor Glaisyer, Council and Attorney Crookston left the Council Chamber for an Executive Session to discuss a pending litigation at 7:45 P.P1. At 7:59 P.M. Mayor Glaisyer, Council and Attorney Crookston returned to the Council C'~amber. The P4otion was made by Kingsford and seconded by Brewer to call the meeting to order. Plotion Carried: All yea The P1otion was made by Kingsford and seconded by Tolsma that the City refund the Beer/Wine and Liquor License Fee for 1982 to L. Eldon Denney and David PJelson dba TIDE WAR EAGLE SALOOPJ in the amount of $762.50. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea Agenda 2 Clyde "Rusty" Dempsey - Request for Variance from Trash Pick Up P1r. Dempsey was present to request a variance from the Sanitary Trash Haul Service for his contracting business located 1630 West Pine. Mr. Dempsey recited from the City Ordinance concerning construction debri, "items not collectable", presented receipts of dumping fees, explained that in his kind of work he used a .dump truck and flat bed trailer to collect the construction debri and haul to the dump. He stated that he i~ad never used the Sanitary Service. He did not object to his residential use of the service. Dempsey strongly objected to the Commercial service, saying that he did not need it and did not want it and that he would haul the trash from the SNACY. BAR., which he operates along with the masonry and debri. There was discussion. (Tape on File) Peridian City Hall ~.2. ~ Januar,~ 18, 1982 Agenda 2 (Cont'd) Dempsey......... Councilman Brewer stated that this question had been reviewed many times before and no only is this a privilege to have this service and the City has based fees on all of the residents. Councilman Kingsford stated that this mandatory service has prevented garbage mounting up and that it is beneficial healthwise and economically. Dempsey felt that the Council should be flexible on some matters and they were forcing citizens of Meridian to take a service they didn't need in some cases.! There was discussion concerning granting a variance from the Sanitary Service Ordinance. (Tape on File) Councilman Orton stated that the City is not in the business to extort money out of anybody but in the business to provide these services - to protect each citizens health and welfare. Orton stated the City would be losing grasp of that goal if such variances were allowed. Councilman Kingsford stated that the Sanitary Service Ordinance was a good Ordinance and thought the City should stay with it. Mayor Glaisyer thanked P1r. Dempsey for attending, Dempsey thanked the Mayor and Council for listening and left the Chamber at this time. Agenda 3 Engineer Structures - Kurt Kroll representing Nampa Valley Helicopter Kurt Kroll, Art Lilard and John Nielsen were present to get the P4ayor and Council's input on use of property located West of Kuna-;leridian P.oad, North of I-84N and South of Waltman Lane. This property is not within the City limits and has been referred to in the feridian Comprehensive Plan, Page 23. Vincinity Map was displayed by Kroll. Kroll: "There are two (2) acres shaded on this map, actually only 1 acre would be used. We will be presenting this proposal to Ada County and Ada County, I believe, will be asking your feelings toward this Helicopter maintenance business. This one acre parcel would be for more development. From what I understand you do want some Commercial built in that area." Councilman Orton: "What are you planning to do about water and sewer?" Kroll: "I am not sure where the City of Meridian's system is - we would have to put a septic system if we can't get to the sewer. If there is not water available we would have to put a well." Water Superintendent, Bruce Stuart: "Water lines are just about to Waltman Lane" Wastewater Superintendent, Earl Ward: "Almost a mile" Orton: "Do you fly a helicoptor in and out of there?" Kroll: "We'd like to yes - we truck a lot of them in and out of there. Obviously, in the helicoptor business if they could fly those in it would just make it better for their business" Kingsford: "You area long ways from our sewer so you should do some research as to whether you can get a septic tank." Kroll: "You are the first people I have come to since it is close to Meridian and in your Comprehensive Plan. We are interested in your opinion and how you feel about this." John ilielsen, fJVH: "We are not an operator, we would be just a repair station. There could be 10 trucked in in one day and then might not have any in three weeks.. I would say we would have a couple a week." - Kingsford stated that he wanted to hear a helicopter operate near the proposed site sometime before the county holds its public hearing for the required conditional use permit. Kroll stated that the noise of the shop would be comparable to trucks on the nearby freeway. PJielsen stated it would be far less than the race tracks. Kroll stated that the building would be situated so that the helicopter would be on the Freeway side. Mayor Glaisyer: "What about gasoline, oil and of that nature that you have to dispose of?" Kroll: "They have to put a special tank in and the tank would be pumped." Nielsen stated that there is someone that hauls the contaminated fuel away (Meridian City Hall ~ .3. • January 18 1982 (Agenda 3 (Cont'd) Helicopter...... Councilman Tolsma questioned if they are'te~ting at their present location on The answer was yes and that they would be testing at this proposed location. The helicopters would be flying in from any and all directions ..and would have water tower for easy direction to the heli-pads. Councilman Orton questioned the flight traffic rules. The answer was that they were sure they would. Mayor Glaisyer questioned the safety factor in concern with the Regional Mall. Neilsen stated that they (helicopters) are outfitted in big cities to go from building to building. Councilman Tolsma questioned the fuel storage. Neilsen stated that they do not plan on fuel storage at this time. Councilman Kingsford again stated he wishes to witness the noise factor. Overland. I-84 and the Kroll stated that they would go ahead and approach Ada County for approval to build the shop and thanked the Mayor and Council. Agenda 4 O.J.'s Restaurant Beer and Wine License 1982 Renewal Chief Doug Nichols stated that he had checked the application of O.J.'s Restaurant and had no objection to the renewal. The Motion was made by Bill Brewer and seconded by Rick Orton to renew the 1982 Beer and Wine License for O.J.'s Restaurant. P~lotion Carried: Brewer, yea; Orton, yea; Tolsma, yea Kingsford; nay There was discussion concerning the loophole in the City's beer and wine ordinance. There is now a clause in the ordinance that allows $100.00 renewal fee instead of $200.00 if the licensee waits until sometime after January 1st to renew their license. Attorney Crookston was directed to review this cause in Ordinance 392 and 393. Agenda DEPARTMENT REPORTS: 5 Building Inspector Vern Schoen: "Custom Wood Products have shut down, moved out. Gem Fabricator's are in the same status that they were the last meeting - very little change and still operating. They (.Gem Fab.) still have until February 16th. I have found out about a spray painting shop on West Taylor over by Huico. With the Council's approval I will see if I can't work out something and then report back." City Engineer, Gary Smith recommended payment of $826.40 to C.Wright Construction Co., Inc. for building an access road for the sewer treatment plant to facilitate getting samples for effluent in Five Mile Creek. This was a Sewer Plant construction item. The Motion was made by Kingsford and seconded by Tolsma to transfer to and pay from the Construction Account, Wastewater Treatment Plant Project, $826.40 to C. Wright Construction Co., Inc. Motion Carried:. Kingsford, yea; Orton, yea; Brewer, yea; Tolsma, yea Engineer Smith presented an agreement from the U.S. Dept. of Water anal Power Resources that concerns the agreement fora sewer line crossing fore Bethavin Subdivision, from their Subdivision across Nine Mile Creek to our Intersector - it also crosses Rutledge Lateral. Smith recommended that Attorney Crookston examine the agreement - it is a standard type of an agreement that we have had on all of our other crossings. Attorney Crookston recommended that no action be taken until all documents have been reviewed and submitted. City Engineer Gary Smith stated that the developer of Meridian Manor #-3> Bedelco, has requested some type of documentation on the water/sewer system that was put in out there, for approval. Smith stated that he had not found any record. The streets are in and usually the systems are tested and approved prior to paving. Smith: "Last meeting I recommended that there not be any building permits issued until letter of acceptance of water and sewer systems. Since documents cannot be found Meridian Citv Hall Agenda 5 (Cont'd) DEPARTP1ENT REPORTS........ Januarv lII, 1982 I would recommend for your consideration that the Contractor furnish to the City a statement that when the ground water raises, so we can see if there is any infil- tration in the lines, and if there is at that point they would come back in and repair the line. In the meantime Earl and I can go out and lamp the sewer lines. That would be one remedy - short of having them go out there and air test them." There was discussion concerning the length of time the streets have been paved, ground water was found to be above the water meters at one time and if the developer had been requested to raise the meters, flushing of hydrants, performing a static test to see how long the pressure holds.- It was the feeling of the Council that the meters should be raised before the system is approved. There being no other business to come before the Council the Motion was made by Kingsford and seconded by Brewer that the meeting be adjourned at 8:45 P.M. P1otion Carried: All yea Meeting Adjourned. o 1 D1a Jos p L. Glaisyer ATTEST: ., y Via. '_~ i,r'J~»>iC~~s~ - Ci y Clerk pc: tlayor & Council Planning & Zoning City Treasurer City Attorney Stuart;Ward;Nichols Schoen;Mo;Fire Chief AIC;ACHD;Central Health Ada Zoning Director Ada County Commissioners Statesman;Valley PJews Press Tribune;Treasure Dempsey File;War Eagle File Nampa Valley Helicopter Custom Wood;Gem Fabricators O.J.'s; Meridian F1anor #3