HomeMy WebLinkAbout1991 07-02
AGENDA
MERIDIAN CITY COUNCIL
JULY 2, 1991
ITEM:
MINUTES OF THE PREVIOUS MEETING HElD JUNE 18, 1991:
(APPROVED)
1: FINAL PLAT OF ONE SUBDIVISION # 1: (APPROVED W/CONDITIONS)
2: FINAL PlAT ON CHATEAU MEADOWS # 6: (TABLED)
3: FINAL PlAT ON CHATEAU MEADOWS # 5, TABLED AT LAST MEETING: (TABLED)
4: COVENANTS ON CHATEAU MEADOWS # 5, TABLED AT LAST MEETING: (TABLED)
5:
AUTHORIZE MAYOR 'IO SIGN GRANT FOR FACILITY PLAN': GRANT APPROVED:
(APPROVED)
6: PRE-TEFMINATION HEARING: WATER/SEWER/TFASH DELINQUENCIES: (TURN-oFF APPROVED)
7: APPROVE THE BILI.S: (APPROVED)
8:
PROPOSED BUDGET AMENDMENT:
(APPROVED)
9: DEPART.MENT REPORTS:
MERIDIAN CITY COUNCIL
JULY 2, 1991
Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford
at 7: 30 p.m.:
Members Present: Ron Tolsma, Bert Myers, Bob Giesler, J:.iJax Yerrington:
others Present: Tom Harrmond, Frank Thanasn, Gordon Wood, Wayne Forrey, Gary Smith,
Bill Gordon, Wayne Crookston, Mike Preston, J:.iJax Boesiger, Jr., Members of Scout
Troop #28:
The Motion was made by Tolsma and seconded by Giesler to approve the Minutes of the
previous Meeting held June 18, 1991 as written:
Motion Carried: All Yea:
Mayor Kingsford welcomed the members of Scout Troop #28:
Tom Harrmond, President of the Chamber of Commerce asked. for a few minutes of the
Council Members time to discuss the drainage problem at the Chamber Building in the
Storey Park: I am here at the request of the Chamber Board to ask if we can get any
more help from the City in getting the drainage problem taken care of. I under-
stand that the low bid was $1,093.00 and that was an unbudgeted. item for the Chamber
so we were wondering if there was any way, I know you have already supplied. some of
the materials, wanted to see if any arrangements could be made, if we have to pay
it we will bite the bullet somewhere else.
Mayor Kingsford: You may recall when that went in they were supposed to put in a
drain at that time and ran out of funds and had agreed they would do that in the
next phase and this has drug on.
Harrmond: there was some discussion at the Board Meeting whether we caused the
problem or there was a low spot there in the first place.
Mayor Kingsford: I think what really caused. the problem was when that driveway
went through in including the width for parking there needed. to be a drain there
at that time and we knew it at that time. It would be my recarmendation to the
Council that we evaluate where we are in terms of the Park Budget as we carmot
exceed that. We will see what we can do.
Item #1: Final Plat of One Subdivision #1:
Mike Preston, Hubble Engineering:
Preston: The County Engineer would not allow the Crystalsprings name so at the
last minute we came up with the One Subdivision #1, we have suhui tted the plans
and the City Engineer came up with several carments and we are in the process of
making the necessary corrections. What we are here for tonite is to ask for the
Council's approval of the Final Plat suject to meeting all the conditions that
were originally imposed on the preliminary plat prior to the City Clerk & the
City Engineer signing the plat.
City Clerk: What atout the letter from the Bureau of Reclamation?
Preston: They wrote a letter stating that they had three problems with this sub-
division and asked the Council to defer approval of the final plat. The three
MERIDIAN CITY COUNCIL
JULY 2, 1991
PAGE # 2
issues were they have a sewer line in there and it is the City of Meridian and you
already have the right to be there , secondly we were asking them to reduce their
right-a-way, we are not, we are asking for a fence encroachment easement is all,
and thirdly is the drainage we need to get a license agreement to discharge our
drainage into their facility. Narnpa Meridian Irrigation District operates and
maintains that drain for the bureau and they are reviewing our plans right now
and we are not asking you to approve the plat and ignoring them we are asking you
/to go ahead and approve the plat subject to getting a license agreement. All their
conditions and concerns will be met.
Crookston: What was the outcane of the Settlers ditch along the east boundry?
Preston: There is a condition on the preliminary plat that we are going to live
with, that condition was that we would either tile the ditch or provide an easement
when we got over into that phase.
There was discussion on this;
Mayor Kingsford: It would be my preference and I think the Council's that the
ditch be tiled all the way.
Boesiger: We wiil try to get it tiled that is really our intent if at all possible.
We do not feel we should have to bear the entire cost so if we can get sane others
involved we will get it tiled:
Giesler: What are we going to do as far as irrigation?
Preston: We are prop:>sing dry lines for a pressurized system for this phase and the
preliminary plat approval required us to do the same as you required Cherry Lane
Village #3 to do.
Giesler: At what p:>int are we going to require that the system be activated?
Mayor Kingsford: I think that is at the Council's desgression, I think there gets
to be a point, number of units where it is cost effective to charge the system.
Another thing I might offer, if you will follow what haPf€!ls and hopefullY. it
will be a positive experience we are looking at charging the Meridian Greens
system in the spring and the fall and then they use ditch water the rest of the
time.
The Motion was made by Myers and seconded by Tolsma to approve the Final Plat on
One Sul::division #1 subject to approval by the City Engineer and them obtaining
the proper license fran the Bureau of Reclamation:
Motion Carried: All Yea:
Item #2: Final Plat for Chateau Meadows #6:
Being there is no representation present what is the Council's decision:
The Motion was made by Myers and seconded by Yerrington to table Item #2, Item #3
and Item #4:
Motion Carried: All Yea:
Item #5: Authorize Mayor to sign Grant for Facility Plan:
, .
MERIDIAN CITY COUNCIL
JULY 2, 1991
PAGE # 3
The Motion was made by Myers and seconded by Tolsma to authorize the Mayor to
sign the Grant for the Facility Plan:
Motion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Item #6: Pre-Termination Hearing: Water /8ewer /Trash Delinquencies:
Mayor Kingsford: You have been informed in writing, that if you choose to, you have
the right to a pre-tennination hearing, before the Mayor & Council, to appear in
person to be judged on facts and defend the claim made by the City that your water,
sewer & trash bill is delinquent. You may retain Counsel: Is there anyone in the
audience who wishes a pre-tennination hearing? There was no response. Due to their
failure to pay their water bill or present any valid reason why the bill has not been
paid, their water will be turned off on July 17, 1991. In order to have their water
turned back on, there will be an additional charge of $10.00: They are herby informed
that they may appeal or have the decision of the City reviewed by the Fourth Judical
District Court, pursuant to Idaho Code, Even though they appeal the water will be
shut off:
The Motion was made by Tolsma and seconded by Giesler to approve the turn-off list:
Motion Carried: All Yea:
Mayor Kingsford: The amount of the delinquencies $7,994.67:
Item # 7: Approve the Bills:
The Motion was made by Myers and seconded by Yerrington to approve the bills:
Motion Carried: All Yea:
Item #8: Proposed Budget Amendment:
Mayor Kingsford: Council has the proposed amendment, it has became necessary for the
reasons mentioned in there to amend the budget. Are there any questions? There were
none.
The Motion was made by Tolsma and seconded by Myers to approve the proposed budget
amendment.
Motion Carried: All Yea:
Deparbnent Reports:
City Clerk: We have the contract for the School Resources Officer for the up-
caning year and need authorization from the Council for the Mayor & City Clerk
to sign the same. The School District gave a 4% increase over last year as well
as defining some of the duties of the officers.
The MOtion was made by Myers and seconded by Tolsma to authorize the Mayor & City
Clerk to sign the contract.
Motion Carried: Roll Call Vote: Yerrington, Yea; Giesler, Yea; Myers, Yea: Tolsma, Yea:
Police Chief: On Monday the 8th of July at 1:00 p.m. the City of Meridian will be
receiving two video Cameras fram the MADD that our patrolmen will be using.
MERIDIAN CITY COUNCIL
JULY 2, 1991
PAGE # 4
Giesler: Is that install~r do we have to install the units?
Chief: We will have to install the units: Should just be a bracket & electrical lead:
Giesler: I would like to know what the cost of installation is going to be.
Mayor Kingsford: At this time I will present sanething for the Council's consideration,
Mr. Wayne Forrey is here, Wayne has approached the City and I think it is a
tremendous idea, to come on staff and work for us on a half time basis, we have
employed him on contract to do a number of things. We will be able to utilize him
on several projects. We do not have any long tem catmi ttment fran him but he has
agreed to work for us at least six months and see how it goes. With your concurrance
I would like to propose that we employ Mr. Forrey.
City Attorney: I think it is a great idea but I wonder whether or not we need to go
through an advertising process.
Mayor Kingsford: We checked on it a bit and I do not htink we need to for a part time
person. You might take a look at it.
Giesler: What type of project wiil he be involved with?
Mayor KIngsford: Some of the things I ahve already ask him to take a look at, is
the housing inventory, we need to review the Comprehensive Plan, need to look at
the ordinances, no question right now the bulk of it would be the First Street
Project. There are other things that have cane up also, in which he has expertise
in.
The Motion was made by Myers and seconded by Yerrington to employ Mr. Wayne Forrey
on a part time basis conditioned. upon meeting the counselors approval.
Motion Carried: All Yea:
City Clerk: I have three weed complaints that have not been cleaned up, one is the
Railroad proferty on East Broadway, Sandy Myers property down on West Fourth and
the Bill Buckner property at the corner of Linder & Franklin, I need Council
approval to hire some one to mow the weeds.
The Motion was made by Giesler and seconded by Yerrington to authorize the City
Clerk to have the above properties cleaned.
Myers: I want to put it in the record that at the AlC Conference two weeks ago at
Moscow our distinguished Mayor gave up the gavel as President of the AlC, he did
an excellent job as President and I think he deserves a hand.
Mayor Kingsford: Thank. you Mr. Myers and along that same line I would like to
publically thank the Council and all the staff for the support that you all gave
me during that year and one half.
Being no further business to corne before the Council the Motion was made by Myers
and seconded by Tolsma to adkourn at 8:55 p.m.:
Motion Carried: All Yea:
B'
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Ja N,~~cierk
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March 7 t 1991
Mayor Grant Kin~ord
& Meridian City Council
City Ha 11
33 E. Idaho
Meridiant Idaho 83642
SUBJECT: REQUEST FOR A WAIVER
Dear Sirs:
We are presently in the process of gaining approval of a rezone classification
and private road. Our applications were approved by Ada County Planning &
Zoning Commission February 28, 1991 and comes before the Ada County
Commission April 2, 1991, application file number 91-02-ZC/91-04~PR.
There were several conditions attached to the approval, namelYt a requirement
to connect to Meridian's water and sewer services.
These services are not available for this area at this time and we request
a waiver of this requirement.
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Marshall and Mary Smith
398 South Locust Grove
Meridian, Idaho 83642
Enclosures: Application letter
location maps (2)
Proposed plot plan
TO: Ada County Commissioners
650 Main
Boise, Idaho 83702
FROM: N. R. Smith
398 S. Locust Grove Road
Meridian, Idaho 83642
SUBJECT: APPLICATION FOR: REZONE, ONE-TIME SPLIT
AND PRIVATE ROAD
1. I am a 72 year old retiree and a veteran.
2. REASON FOR THE APPLICATION:
a. Health; I have arthritis in my hips and this makes my ability-
to irrigate, fix fences~ fertilize and handle cattle almost
impossible. I am trying to slow down.
b. My home~ shop, RX storage building and ham radio antenna are
already established and most subdivision covenants prohibit
these activities should we be forced to move.
NOTE: We are not really satisfied w/a Rl zone classification
because we don't want that much density. However, it appears
to be the only classification available to us for a one-time
split of our 5.2 acres. We intend to split off approximately
3.2 acres for a residence and cow pasture and retain approx-
imately 2 acres where our personal residence. horse pasture and
yard area are established, retaining a rural atmosphere.
3. We are also submitting an application to designate our lane (approx-
imately.SOI x 6001) as a privatr.~ graveled road to service two
residences. This would be via a perpetual easement arrangement
including an appropriate culdesac (see accompanying plot plan).
4. We feel that a rezone to Rl is reasonable because of the proximity
of Rl zones nearby, namely:
a. Our property borders Rl zoning on the west.
b. Greenhill Estates Subdivision (1 to 3 acre lots) is established
approximately 330 feet on the east with the Five Mile Creek
flood plane between.
c. Locust View Heights subdivision is established approximately
1000 feet to the south.
d. Also, the answers we've supplied to questions #10 and #11 on
the Rezone Information Form.
-1-
Application for F )ne-M. R. Smith
5. We acknowledge that our property is in the Meridian Urban Service
Planning area requiring dry lines for sewer and water to be
installed. However, we submit that Meridian1s wet lines are far
removed (approximately 1/2 mile). To install dry lines to
South Locust Grove Road (over 6001) would constitute undue and
unreasonable hardship. We believe the Central District Health
Department would issue septic and well permits under these
conditions.
We sincerely hope we have supplied sufficient information for you to
make a favorable decision. Included are charts and answers to the
questions on the required application forms supplied by Planning
and Zoning. We will be happy to supply any further needed information.
Respectively,
MARSHALL R. SMITH, OWNER
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OFFICIALS
JACK NIEMANN, City Clerk
JANICE GASS, Treesurer
BRUCE D. STUART, WaterWorks Supt.
WAYNE G. CROOKSTON, JR.. Attorney
EARL WARD, Wastll WSlllr Supl.
KENNY BOWERS, Fire Chief
BILL GORDON. Police Chill!
GARY SMITH. City Englnller
WHEREAS,
WHEREAS,
WHEREAS,
THEREFORE,
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone 888-4433
GRANT P. KINGSFORD
Mayor
PROCLA.MATION
SOPPCRT MERIDIAN c:x:IftJNITY OOCHES'.I:RA WEEK
Music and every person associated therewith, provides
a positive impact on our community: and
It is important that the Meridian Community Orchestra
receive recognition for their efforts. Plans are being
made for a junior orchestra and also a chorus: and
The Orchestra is an essential part of our community and
we corrunend the new Board for all their dedication and
continuing contributions to our community; and
I, Grant P. Kingsford, Mayor of the City of Meridian,
Idaho, do proclaim the week of January 14-18, 1991 as
SUPPORT MERIDIAN (XHiI)N[TY rncH&S'lRA WEEK
and urge all citizens of Meridian to join in our salute.
~~~~
'GRANT P. KINGSFORD, MAYO .
COUNCILMEN
RONALD A. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
MAX YERRI NGTON
Chal rman ZonIng & Planning
JIM JOHNSON
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. BOK 427
Meridian, Ideho
83642
relephono 111164461
NOTICE OF SPECIAL CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN that the City Council of the City of
eridian will hold a special meeting at 8:00 o'clock p.m.~ April
1,1991, at the Mer'idian City Hall, 33 East Idaho Street,
eridian, Idaho. The meeting shall be an executive session only,
s allowed under Idaho Code 67-2343, and the purpose is to
onsider and advise the City's attorney in pending litigation
ursuant to Idaho Code~ 67-2345 (1) (f).
DATED this 10th day of April, 1991.
Cl E RK
CERTIFICATE OF POSTING SPECIAL MEETING
STATE OF IDAHO,)
.
County of Ada, )
I, JACK NIEMANN, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that I posted the notice for the
City Council Special Meeting, for April 11, 1991, at 8:00 o'clock
p.m. That I posted the Special Meeting on the 10th day of April,
1991.
s s .
DATED this l6-t~ day of ~J
, 1991.
~
CITY Or MERIDIAN
OUNTY, AHO.
~s 110"'6 day of ~r~{ ,
Not.A~c~
Residing at Meridian, Idaho
SUBSCRIBED AND SWORN before me on
1991.
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February 22, 1991
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Meridian City Council
33 E. Idaho Ave.
Meridian, ID 83642
Dear Mayor Kingsford and Council Members,
The congregation of Valley Bible Fellowship would like the
Council's permission to place a portable classroom structure
such as a pre-fab building or a used mobile home on the
property located at the EQ~theast corner of 2nd and Carlton
Streets. We are in the process of purchasing this property
from the f1eridian Seventh Day Adventist congregation. Our
purpose for the building would be for additional classroom
space, office space and fellowship hall to meet the growing
needs of our church. The structure could be placed on the
back of the lot adjacent to the existing building.
We would appreciate your consideration of this request at
your next regular meeting of the Council. If anyone has
questions regarding our request prior to the meeting please
contact mep Mark Agenbroad 888-7125 or Dave Lewis 377-0864.
Sincerely,
7~v~
1.1ark Agenbroad
Board Member
Valley Bible Fellowship
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18 JUNE 1991
TO THE MERIDIAN CITY COUNCIL
I WILL BE OUT OF TOWN ATTENDING THE AIC BOARD MEETING TONIGHT,
BUT I WANTED TO PUT THIS LETTER INTO THE PUBLIC HEARING ON THE
DEERFIELD MANO~SUBDIVISION. I HAVE DISCUSSED THIS WITH SEVERAL
OF THE NEIGHBORS THAT HAVE PROPERTY THAT ABUTS THIS PROJECT. I
LIVE JUST ACROSS THE STREET AND THEREFORE HAVE A CONFLICT OF
INTEREST, SO COULD NOT VOTE ON THE MATTER. WE ARE GENERALLY IN
FAVOR OF THE SUBDIVISION, BUT DO HAVE SOME CONCERNS THAT WE WOULD
APPRECIATE YOUR HELP WITH.
FIRST--SEVERAL OF THE LANDOWNERS HAVE IRRIGATION WELLS THAT THEY
FEEL WILL PROBABLY DRY UP WHEN THE PASTURE LAND IS PUT INTO
BUILDING LOTS. THIS IS A CONCERN, BUT NOT ONE THE CITY CAN DO
ANYTHING ABOUT. THEY REALIZE THIS.
SECOND--IT WOULD BE HELPFUL IF THE DEVELOPER WOULD PUT A FENCE
THE LENGTH OF THE PROJECT TO THE EAST, OF THE SAME TYPE OF
CONSTRUCTION. SEVERAL OF THE PRESENT HOMEOWNERS WOULD HAVE AS
MANY AS THREE DIFFERENT LOTS ABUTTING THEIR PROPERTY AND IF THE
FENCE WAS ALL THE SAME, IT CERTAINLY WOULD LOOK BETTER THAN EACH
LOT OWNER BUILDING THEIR OWN FENCE.
PLEASE TAKE THESE CONCERNS INTO CONSIDERATION AND BE ADVISED THAT
WE ARE IN FAVOR OF THIS SUBDIVISION.
THANK YOU.
~jt1r
BERT MYERS
1908 NW 10TH
MERIDIAN, IDAHO
AMBROSE,
FITZGERALD
& CROOKSTON
Allorneya and
Cou nselora
P.O. BOK 427
Meridian, Idaho
83642
Telephone llIlII-4461
II
I
BEFORE THE CITY COUNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF JENNIFER & PAUL EVANS
FOR A VARIANCE FROM THE SIDE YARD SET-BACK REQUIREMENTS
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on August 6, 1991, at approximately 7:30 o'clock p.m.
on said date, at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and the City Council having heard and taken oral
and written testimony, the City Council of the City of Meridian
makes the following:
FINDINGS OF FACT
1. That notice of the publ ic hearing on the vari ance was
published for two consecutive weeks prior to the scheduled hearing
for August 6, 1991, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered at
the August 6, 1991, hearing; that copies of all notices \'~ere
available to newspaper, radio and television stations.
2. That the notice of public hearing is required to be sent
to property owners within 300 feet of the external boundaries of
the land being considered pursuant to 11-2-416 E.,
11-2-419 D., and 11-9-612 B. 1.b. of the Revised and Compiled
Ordinances of the City of Meridian; that this requirement has been
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Co~nselors
P.O. Box 427
Meridian, Idaho
83642
Talephono llIlII-4461
met.
3. That Ordinance 11-2-410 A, ZONING SCHEDULE OF BULK AND
COVERAGE CONTROlSt requires that residential structures in Old Town
be set back on the side yard 1 i nes 10 feet from the property
boundary where the structure to be built is two stories..
4. That the Appl icant has requested that he be granted a
variance from the above side yard set back requirement and be
allowed to have a seven foot side yard set back on the west side
of the structure.
5. The property in question is described as lots 4 and 5
and the east 1/2 of lot 17t and all of Lot 18, Block 5~ Bowers
Addition to Meridian, Ada County, Idaho, and is kno~"n by the
address 130 East Adat Meridian, Idaho.
6. That the property is zoned Old Town.
7. That the Appl icant proposes to construct a two storey
home on the lot and to place the planned structure on the lot will
require a variance of three feet from the ordinance.
8. There are existing homes i'n the area that have not met
the set back requirements due to the fact that they were
constructed prior to the present set back requirement being
effective.
9. That the Applicant owns the property.
10. That the City Engineer, Ada County Highway District,
Nampa & Meridian Irrigation District or the Central District Health
Department may submit comments and they shall be incorporated
herein if submitted.
FINDINGS OF FACT & CONCLUSIONS OF lAW - Page 2
AMBROSE,
FITZGERALD
& CRDOKSTON
Attorneys and
Counselors
P.O. BOK 427
Merldlen, Ideho
63642
Telephone llIlII-4461
11. That these Findings of Fact and Conclusions of Law have
been prepared prior to the publ ic hearing and may have to be
amended as a result of testimony and evidence received at the
hearing.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
beeD met incl uding the mai 1 ing of notice to owners of property
It/ithin 300 feet of the external boundaries of the Applicant's
property.
2. That the City has authority to grant variances pursuant
to Section 11-2-419 of the Zoning Ordinance and pursuant to Section
11-9-612 of the Development Ordinances.
3. That the City Council has judged this application by the
guidelines, standards~ criteria, and policies contained in the
Zoning Ordinance and upon the record submitted to it and the things
upon which it may take judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances~ and policies~ and of actual conditions existing within
the City and the State.
5. That the following provisions of Section 11-2-419 A, of
the Zoning Ordinance is noted which is pertinent to the
Application:
11-2-419 A.
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3
AMBROSE.
FITZGERALD
& CROOKSTON
Attorneys and
Counsalors
P.O. BOK 427
Meridian, Ideho
B3FJ.42
Telaphone llIlII-4461
The Council may authorize in specific cases a
variance from the terms of this Ordinance or
from the Subdivision and Development
Ordinances as will not be contrary to the
public interest where, owing to special
conditions, a literal enforcement of the
provisions of this Ordinance would result in
unnecessary hardShip. No non-conforming use
of neighboring lands, structures or buildings
in the same district and no permitted or non-
conforming use of lands, structures or
buildings in other districts shall be
considered grounds for issuance of a variance.
Variances shall be granted only where strict
application of the provisions of this
Ordinance would result in unnecessary
hardShip. A variance application does not go
to the Commission unless directed by the
Council.
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follo\'Js:
11-2-419 C. FINDINGS
A variance shall not be granted unless (as a
result of a public hearing) the Council makes
a statement of supportive reasons based
directly on the evidence p~esented to it which
supports conclusions that the mentioned
standards and conditions of this Ordinance
have been met by the applicant and unless all
of the following exist:
1. That there are such special
circumstances or conditions
affecting the property that the
strict application of the provisions
of this Ordinance would clearly be
impracticable or unreasonable;
2. That strict compliance with the
requirements of this Ordinance would
result in extraordinary hardship to
the owner, subdivider or developer
because of unusual topography, other
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counsolors
P.O. Box 427
Meridian, Ideho
63642
Telephone 888-1461
physical conditions or other
conditions which are not self-
inflicted, or that these conditions
\v ill res u 1 tin i n h i bit i n g the
achievements or the objectives of
this Ordinance;
3. That the granting of the
specified variance ItJill not be
detrimental to the public's welfare
or injurious to other property in
the area in which the property is
situated;
4. That such variance will not have
the effect of altering the interest
and purpose of this Ordinance and
the Meridian Comprehensive Plan.
7. That there does appear to be a specific benefit or
profit, economic gain or convenience to the Applicant in that the
structure is to be built and was not in existence at the time the
time that he purchased the property; that since the property is in
Old Town and there are many structures in the area that do not
meet the existing set back requirements it is not unreasonable to
grant the variance.
8. That regarding Section 11-2-419 C it is specifically
concluded as follows:
a. That there are special
circumstances or conditions
affecting the property that the
strict application of the proviSions
of the set back Ordinance would
clearly be unreasonable since there
are many structures in the area that
do no presently meet the set back
requirement.
b. That strict compliance with the
requirements of the set back
Ordinance would not result in
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5
AMBROSE,
FITZGERALD
& CROOKSTON
Attornays and
Counselors
P.o. Box 427
Merld lan, Idaho
63642
Telephone 886~461
extraordinary hardship to the
appl icant as a resul t of factors not
self-inflicted but due to the fact
that there are many structures in
the area that do not meet the set
back requirements, the granting of
the variance would not unduly change
the area.
c. That the granting of the spec-
ified variance would not be
detrimental to the public's welfare
or injurious to other property in
the area in which the property is
situated.
d. That such variance would not
have the effect of altering the
interests and purposes of the set
back Ordinance or the Meridian
Comprehensive Plan.
9. That it is concluded the Application should be granted.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
and approves these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN YERRINGTON VOTED lle~
COUNCILMAN GIESLER VOTED vjecr
COUNCILMAN MYERS VOTED &jeer
COUNCILMAN TOLSMA VOTED if eq
MAYOR KINGSFORD (TIE BREAKER) VOTED
APPROVED: L111 ~e.9 DISAPPROVED:
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6
ORDINANCE NO. 554
AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR
FISCAL YEAR BEGINNING OCTOBER 1, 1991, APPROPRIATING TH~ SUM OF
$54377.230.00 TO DEFRAY THE EXPENSE AND LIABILITIES OF THE CITY
OF MERIDIAN FOR SAID FISCAL YEAR, AUTHORIZING A LEVY OF A
SUFFICIEN1 TAX UPON TH~ TAXABL~ PROPERTY AND SPECIFYING THE
OBJECTS AND PURPOSES FOR WHICH APPROPRIATION IS MADE:
BE IT ORDAIN~D by th9 Mayor and City Council of the City of
Meridian, Ada County, Idaho:
Sectlon 1: That the sum of $5.377,230.00 be, and the same
is appropriated to defray the necessary expenses and liabilities
of the City of Meridian, Ada County, Idaho for the fiscal YE'ar
be 9 i nn i n 9 Oct 0 ber 1, 1990:
Section 2:
appropriation is
is as follows:
The
mad e ,
objects and purposes for which such
and the amount of each object and purpose
ESTIMATED EXPENDITURES:
GENERAL ADMINISTRATION:
General Government----------------------------$
Legal-----------------------------------------
Other Govt. Expenses--------------------------
Capital Outlay--------------------------------
Liability Insurance---------------------------
Court Judgement-------------------------------
LAH ENFORCEl>lENT:
Administration--------------------------------
Officers Salaries-----------------------------
Maintenance & Gasoline------------------------
Other Law Enf. Expenses-----------------------
Capital Outlay--------------------------------
Animal Control--------------------------------
FIRE DEPARTMENT:
Administration--------------------------------
Firefighter Salaries--------------------------
lruck Expenses--------------------------------
Other Fire Dept. Expense----------------------
QRU-------------------------------------------
lransfer to FirE' Truck Fund-------------------
Capital Outlay--------------------------------
184,200.00
30,400.00
263,462.00
10,000.00
20,438.00
10,000.0121
lS4,316.00
387,314.00
49,350.00
286,940.00
1 is, 12H2HZI. 00
23,310.00
44,30121. rn0
6&,10121.00
7,500.00
85,000.00
31,000. 12HZ!
40,00121.00
20, 00!2l. 00
ENTERPRISE FUNDS:
Administration--------------------------------
Repair & Maintenance--------------------------
Other ~>(penses--------------------------------
Special Projects------------------------------
Bond Expense----------------------------------
Garbage Collection----------------------------
447,64121.00
389,500.0121
1, 129,27121.00
1,093,500.00
198,690.00
479,12100.00
TOTAL ~XPENSE---------------------------------$ 5,377,230.00
Section 3: That a general tax levy on all taxable property
within the City of Meridian be levied in an amount allowed by law
for the general purposes for said City, for the fiscal year
beginning Octobet" 1, 1991:
Section 4: All Ordinances and parts of Ordinances in
conflict with this Ordinance are hereby repealed:
Section 5: This Ordinance shall
force upon its passage, approval and
the Valley News, a newspaper of
circulation in the City of Meridian,
of said City:
take effect and be in full
publication in one issue of
general publication and
and the officla1 newspaper
Passed under the suspension of rules, upon which a roll call
vote was taken and duly enacted in Ordinance of the City af
Meridian, Ada County, Idaho at a convened meeting of the City of
1>1eridian City Council held on the 20th day of August, 1991:
APPROVED:
~E~~~___
GRANT P. K!NGs?()RD':\{t~YOR
ATTEST:
~
CLERK
AMBROSE.
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. BOK 427
Merldlen, Ideho
63642
Telephone 888-4461
Sc~
ORDINANCE NO. .dC4
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 1-1101,
SAlARIES~ OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN; AND RE-ADOPTING SAID SECTION 1-1101, SALARIES, TO
PROVIDE AN INCREASE IN SALARIES OF THE MAYOR AND COUNCILMEN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and the City Council of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the said City to repeal Section 1-1101 of the Revised
and Compiled Ordinances of the City of Meridian and to re-adopt
said section to provide an increase in the salary for the Mayor
and City Councilmen; that the Mayor's salary should be increased
to $1,000.00 per month and the Councilmen salaries should be
increased to $400.00 per month; and whereas such increases make
the salaries commensurate with salaries in other cities in Ada
County and the Treasure Valley.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1:
That Section 1-1101 of the Revised and
Compiled Ordinances of the City of Meridian is hereby repealed.
SECTION 2:
That Section 1-1101 of the Revised and
Compiled Ordinances of the City of Meridian is hereby re-enacted
and adopted and which shall read as follows:
1-1101 SALARIES OF THE ELECTIVE OFFICERS: The salary
of the Mayor shall be one thousand dollars ($1,000.00)
per month, payable monthly.
The salary of each member of the Council shall be four
hundred dollars ($400.00) per month, payable monthly.
The salary of the President of the Council, when acting
in the capacity of the Mayor, shall be the same as the
Mayor, payable monthly prorated for the period of time
he shall perform the duties of Mayor.
I!
Section 3: EFFECTIVE DATE: January 1, 1992.
PASSED AND APPROVED thi sO{otb day of ~J.UJ:;:.t_._--, 1991.
CITY OF MERIDIAN
t
BY:~~R
CLERK
AMBROSE,
FITZGERALD
& CRODKSTO N
Attorneys and
Coun5elor.
P.O. Box 427
Meridian, Idaho
63642
Telephone 888.4461
HPPROPRIATION ORDINANCE AMENDMENT
ORDINANCE NOM ~~~
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE
NO. 543, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1990 AND ENDING SEPTEMBER 30, 1991:
APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE
CITY OF MERIDIAN, IDAHO, IN THE SUM OF $388,364.00 AND PROVIDING
AN EFFECTIVE DATE:
Be it Ordained by the Mayor and City Council of the City of
Meridian, Idaho:
Sect i on 1 :
Ordinance for the
commencing October
the same is hereby
That Ordinance
City of Meridian,
1, 1990 and end i n g
amended as follows:
No. 543, The Appropriation
Idaho, for the fi seal year
September 30, 1991, be and
That the additional sum of $130,000.00 be appropriated out
of the revenues from additional Permit Fees and the additional
sum of $258,364.00 be appropriated out of the revenues from the
ACHD, ITD and LID participation, to be used for authorized
activities.
Section 2: This shall be in full force and effect from and
after its passage, approval and publication.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Idaho, this 16th day of July, 1991.
ATTEST:
~
1 CITY CLERK
RESOLUTION #J~
A Resolution by the City Council of the City of Meridian, Ada
County, Idaho authorlzing the destructIon of certain records as
defined in ~0-907 Idaho Code;
WHEREAS: The City of MerIdian has accumulated a quantlty of
records that are defined as semi-permanent and temporary under
50-907 Idaho Code; and
WHEREAS:
and approved,
The 1989-90 Fiscal Year Audit has been completed
NOW,
l>1er i d 1 an,
THEREFORE be
Idaho that:
it
resolved
by
the
City Council
of
SectIon 1: They hereby authorize, under the direction and super-
vision of the City Clerk, the destruction of the
following semi-permanent records pertaining to
transactions prior to October 1, 1985: Election
Records, Vouchers, Bonds & Coupons, Building Permit
Books, ~lectrlc Permit Books, Gas Permit Books,
License Applications, old meter books, and the
destruction of temporary records consisting of
cash receipts prior to October 1, 1990:
Section 2: This Resolution shall be in full force and effect
upon its passage and approval.
PASSED by the CitY~COUnCil and~;PP1oved by the Mayor of the City
of Mer i d i ant his ~ f'1t day 0 f r r- . ,1 9 9 1 :
APPROVED:
ATTEST:
CITY CLERK
AMBROSE,
FITZGERALD
& CROOKSTON
AttomeY5 and
Counselor5
P.O. BOK 427
Meridian, Idaho
83642
Telephone llIlII-4461
RESOLUTION No.L3'
A RESOLUTION OF THE CITY OF MERIDIAN ADOPTING THE STATEWIDE
CONSTRUCTION STANDARDS FOR ENERGY CONSERVATION ESTABLISHED IN
CHAPTER 23, TITLE 44, IDAHO CODE AND ELECTING THAT THE CITY
SHALL ADMINISTER THE IDAHO RESIDENTIAL ENERGY STANDARDS AS
ALLOWED IN CHAPTER 23, TITLE 44, IDAHO CODE.
WHEREAS, the legislature of the State of Idaho finds that
conservation measures associated with the construction of
residential buildings are among the most efficient methods of
providing for the future energy needs of Idaho; that the
construction of residential buildings to certain standards of
energy efficiency provides the least costly investment for
residential building occupants and owners and represents one of
the most economical methods of achieving long-term energy
conservation savings.
WHEREAS, the legislature of the State of Idaho established
construction standards for energy conservation by enacting
Chapter 23, Title 44, Idaho Code; and
WHEREAS, Chapter 23, Title 44, Idaho Code authorizes Idaho
local governments to administer the new residential energy
standards and to accept residential building certifications from
builders.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
MERIDIAN, IDAHO, THAT:
SECTION 1: The City of Meridian adopts the stateltlide
construction standards for energy conservation established in
Chapter 23, Title 44, Idaho Code.
SECTION 2: The City of Meridian will accept residential
building certifications from builders and issue authorizations
to electrify according to procedures described in the rules and
regulations known as the Idaho Residential Energy Standards
promulgated by the Director of the Idaho Department of labor and
Industrial Services.
SECTION 3: This resolution shall be in full force and
effect upon its passage and approval.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. BOK 427
Meridian, Idaho
83642
Telephone llIlII-4461
PASSED BY THE CITY COUNCIL AND
CITY OF MERIDIAN, this 61.h day of
/
/
BY THE MAYOR OF THE
1991.
APPROVED: