HomeMy WebLinkAbout1991 05-07
AGE N D A
MERIDIAN CITY COUNCIL
MAY 7, 1991
ITEM:
MINUTES OF THE SPECIAL MEETING HELD APRIL 11, 1991: (APPROVED)
MINUTES OF THE REGULAR MEETING HELD APRIL 16, 1991:(APPROVED)
1: PROCLAMATION DECLARING THE WEEK OF MAY 6-12, SPOTLIGHT OUR
SCHOOLS WEEK:
2: PROCLAMATION DECLARING THE WEEK OF MAY 20-27, BUCKLE UP
AMERICA WEEK:
PROCLAMATION DECLARING MAY 15, 1991 AS POLICE OFFICER MEMORIAL DAY:
3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY LARRY
CORDINGLY: (APPROVED)
4: FINAL PLAT ON CHATEAU MEADOWS EAST # 4: (APPROVED)
5: APPLICATION FOR BEER LICENSE FOR PIZZA HUT: (APPROVED)
6: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED)
7: APPROVE THE BILLS: (APPROVED)
8: FINAL PLAT ON WHITE MOUNTAIN RANCH SUBDIVISION: (APPROVED)
9: DEPARTMENT REPORTS:
MERIDIAN CITY COUNCIL
MAY 7, 1991
The Regular meeting of the Meridian City Council was called to order by Mayor Grant
P. Kingsford at 7:30 P.M.:
Members Present: Ron Tolsma, Bert Myers, Max Yerrington:
Members Absent: Bob Giesler:
Other Present: Keith Jacobs Jr., K. Beumeler, Loyd Egbert, Larry Cordingly, Wayne Forrey,
Gary Smith, Bill Gordon, Jim Johnson, Moe Alidjani, Earl Ward, Wayne Crookston:
MINUTES OF THE SPECIAL MEETING HELD APRIL 11, 1991:
The Motion was made by Tolsma and seconded by Myers to approve of the Minutes of the
Special Meeting held April 11, 1991 as written:
Motion Carried: All Yea:
MINUTES OF THE REGULAR MEETING HELD APRIL 16, 1991:
The Motion was made by Myers and seconded by Yerrington to approve of the Minutes of
the Meeting held April 16, 1991 as written:
Motion Carried: All Yea:
ITEM #1: PROCLAMATION DECLARING THE WEEK OF MAY 6-12, SPOTLIGHT OUR SCHOOLS WEEK:
Kingsford: Read Proclamation declaring the week of May 6-12 as spotlight our schools
week.
ITEM #2: PROCLAMATION DECLARING THE WEEK OF MAY 20-27, BUCKLE UP AMERICA WEEK:
Kingsford: Read Proclamation declaring the week of May 20-27 as Buckle up America Week.
PROCLAMATION DECLARING MAY 15, 1991 AS POLICE OFFICER MEMORIAL DAY:
Kingsford: Read Proclamation declaring May 15, 1991 as Police Officer Memorial Day:
Chief Gordon: Asked that the flag be lowered to half mast in front of City Hall.
The Motion was made by Yerrington and seconded by Myers to have the flag in front of
City Hall lowered to half mast on May 15, 1991:
Motion Carried: All Yea:
ITEM #3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY LARRY CORDINGLY:
Kingsford: I will now open the Public Hearing, is there anyone present who wishes to
testify, if so please come forward and be sworn.
Larry Cordingly, 322 W. Broadway, was sworn by the attorney.
MERIDIAN CITY COUNCIL
MAY 7, 1991
PAGE #2
Cordingly: What I desire to do at my residence and behind it is make wood carved signs
and of course I also paint them.
Kingsford: Do you plan on doing this just yourself?
Cordingly: I don't plan on employing other people.
Tolsma: This garage is already there?
Cordingly: The garage is there and then I put a small addition on.
Yerrington: What is it a one car garage?
Cordingly: Right now with the addition it's about 28' square.
Myers: When you said you paint them, are you just using spray paint or brush?
Cordingly: Most of it's brush.
Kingsford: Did you read the report from the Building Inspector and the City Engineer?
Cordingly: Yes.
Kingsford: Is there anyone else from the public who would like to offer testimony?
Loyd Egbert, 312 W. Broadway was sworn by the attorney.
Egbert: I have two questions to ask on this request. With him having a business there
what is it going to do to the value of my property? Also when is the City going to
draw the line on commercial ventures and residential.
Kingsford: I don't know that you can ever pin-point how things are going to affect
the property values. Certainly the effects of zoned property one way or another will
impact it. Thank you. Anyone else to testify?
Jim Johnson, 1083 N. Justin Place, was sworn by the attorney.
Johnson: During the course of the Planning & Zoning meeting we determined that our
decision was based on accessory use as opposed to a conditional use permit because of
the nature of the business.
Kingsford: Anyone else from the public to testify? Hearing no response I will close
the Public Hearing. Council members you have the Findings, are you ready to make a
decision on the Findings?
Myers: Maybe the Counselor can tell the audience the difference between a accessory
use and a conditional use permit are.
Atty Crookston: In an Accessory Use it's limited to the number of kinds of people that
can work in the business. Accessory Use is basically limited to the operator and his
immediate family.
MERIDIAN CITY COUNCIL
MAY 7, 1991
PAGE #3
Myers: What that means then is that an accessory permit is for a home type business
compared to a full blown retail shop.
Crookston: That's correct.
Eng. Smith: Explained extra water & sewer hookup.
The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact
and Conclusions of Law.
Roll Call Vote: Yerrington - Yea~ Myers - Yea: Tolsma - Yea:
Motion Carried: All Yea:
The Motion was made by Myers and seconded by Tolsma to approve the Accessory Use Permit.
Motion Carried: All Yea:
ITEM #4:
FINAL PLAT ON CHATEAU MEADOWS EAST #4:
The Motion was made by Myers and seconded by Yerrington to approve the final plat on
Chateau Meadows #4 with the City Engineers approval.
Motion Carried: All Yea:
ITEM #5: APPLICATION FOR BEER LICENSE FOR PIZZA HUT:
The Motion was made by Myers and seconded by Tolsma to approve the beer license for
Pizza Hut.
Motion Carried: All Yea:
ITEM #6: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES:
Kingsford: This is to inform you in writing, if you choose to, you have the right
to a pre-determination hearing at 7:30 P.M. 5/7/91 before the Mayor and City 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 5/l5/9l unless paid in full. Jack and I have talked with Wilma
Blair on her delinquency and would recommend that she not be shut off. Is there anyone
from the public who wishes to contest their bill? No response.
The Motion was made by Yerrington and seconded by Tolsma to approve of the turn off
list.
Motion Carried: All Yea:
Kingsford: 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 total amount this month is $10,601.20.
I have one item I'd like to call the Council's attention to and that is the Cherry Lane
Mobile Home Court is delinquent in the amount of $5,380.05. I have asked the City Engineer
to follow up.
MERIDIAN CITY COUNCIL
MAY 7, 1991
PAGE #4
ITEM #7: APPROVE THE BILLS:
The Motion was made by Tolsma and seconded by Myers to approve the bills.
Motion Carried: All Yea:
ITEM #8: FINAL PLAT ON WHITE MOUNTAIN RANCH SUBDIVISION:
The Motion was made by Tolsma and seconded by Myers to approve of Clerk Niemann and
Engineer Smith to sign the plat.
Motion Carried: All Yea:
Kingsford: Mr...WayneForrey is present and I'd like to take a few minutes and have
him update the Council on the downtown project.
Forrey: This is a progress report that I'd like to submit to the City every week now.
Gave brief report on progress of E. 1st Project. There is one loose end to tie up tonight
and that is to incorporate the ACHD General Conditions in their contract documents as
the general conditions for the City of Meridian pertaining to the documents for the
East 1St Street Improvement Project. The City of Meridian does not have a set of general
conditions for these types of projects. The Highway District already has them and today
they gave you permission to allow you to incorporate those by reference in your contract
documents.
The Motion was made by Myers and seconded by Tolsma to approve the ACHD General Conditions
for City use in Bid Documents.
Motion Carded: All Yea:
ITEM #9: DEPARTMENT REPORTS:
Kingsford: I'd like to ask the Council to approve the transfer of $10,000.00 from the
25 account to the 01 account. The purpose of this is to pay the settlement authorized
in Case #93197, Tammy Perkins Day Care issue.
The Motion was made by Yerrington and seconded by Tolsma to approve of the transfer
of funds.
Motion Carried: All Yea:
Kingsford: For the record that's the on-going thing that we have with the Perkins Day
Care Center. Council approved the settlement of that in the amount of $10,000.00.
According to State Code 50-1006 we will pursue putting that on the tax levy. We'll
have to pay the 25 account 6% as perscribed by the current daily interest rate.
MERIDIAN CITY COUNCIL
MAY 7, 1991
PAGE #5
Crookston: I think it would be appropriate to approve the payment of the jUdgement
in the Perkins case.
The Motion was made by Yerrington and seconded by Myers to approve of payment for the
Perkins Case.
Motion Carried: All Yea:
Yerrington: Asked about the garbage cans if Council has decided. We can take this
up at the next meeting.
Tolsma: Could we get some public input on this. Discussion was held.
The Motion was made by Myers and seconded by Tolsma to adjourn at 8:10 P.M.:
Motion Carried: All Yea:
(TAPE ON FILE)
~~~~
. GRANT P. KINGS ORD, YOR
~. /J~'N~
/JACK NI7ITY CLERK
pc: Mayor & Council,
p & Z Members, Atty.,
Bldg., Eng., Police, Fire, Ward,
Stuart, Gass, ACHD, NMID, CDH, Settlers
Valley News, Statesman
File (4)
Mail (4)
(
Mona Dobaran Mack
DAVIS WRIGHT TREMAINE
702 West Idaho Street, suite 700
Boise, ID 83702
Telephone: (208) 338-8200
NO Co P y
~--
AM ILED ____
'___P,M.
MAY 7 199]-
J, 04VID NAVAR
Sy KAy GREERO, Clerk
Df;puJy NE
Attorneys for Defendant/Counterclaimant
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
CITY OF MERIDIAN, a Municipal )
corporation of the State of )
Idaho, )
)
Plaintiff, )
)
vs. )
)
TAMARA PERKINS, d/b/a TAMARA'S )
LOVING CARE, )
)
Defendant. )
)
)
)
TAMARA PERKINS, an individual, )
d/b/a TAMARA'S LOVING CARE, )
)
counterclaimant, )
)
vs. )
)
CITY OF MERIDIAN, a municipal )
corporation of the State of )
Idaho, )
)
counterdefendant. )
)
Case No. 93197
JUDGMENT UPON
STIPULATION
In this action the City of Meridian, a municipal
corporation of the state of Idaho, Plaintiff and Counterdefendant,
JUDGMENT UPON STIPULATION, Page 1
r
"
having entered into a stipulation for Judgment, wherein it is
authorized and stipulated that judgment be entered in favor of
Tamara Perkins;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AND THIS DOES
ORDER, ADJUDGE AND DECREE that Tamara Perkins have judgment against
the city of Meridian, a municipal corporation of the State of
Idaho, in the amount of Ten Thousand Dollars ($10,000.00).
DATED this 7~ day o~ 1991.
DE8~)RAH A. BAIL
DEBORAH A. BAIL, DISTRICT JUDGE
JUDGMENT UPON STIPULATION, Page 2
pc rYJcyor-'
oj C''Dv,1)CE / \
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February 22, 1991
Mr. Jack Niemann
City of Meridian
33 East Idaho Ave.
Meridian, Idaho 83642
Re: Meridian Manor No. 7 Subdivision
Plat Submission
Dear Jack;
In behalf of the Developers of Meridian Manor No.7 Subdivision, BEDELCO,
INC, (Ed Bews and Burt Smith) we wish to petition the Mayor and City Council
for an extension of time to submit the final plat of the subdivision. We submit
this request so as to extend the one year time limit between filing of plats
following approval of the initial preliminary plat. We request a one year
extension.
We request this extension because of the possibility of extending a sewer trunk
line from the north side of Five Mile Creek, at approximately NW 11 th Street, to
the east. This would eliminate the need for the planned temporary sewage lift
station to serve this subdivision and also to serve the future Meridian Manor No.
8 Subdivision. We have discussed this possibility, in general, with the City
Engineer and can see benefits to both the development and the City if a mutual
arrangement could be made for this sewer trunk extension.
Together with our request for time extension, we also request a meeting with the
proper City officials to discuss mutual participation in the possible extension of
the sewer trunk.
We are anxious to proceed with the development; however, we feel that
everyone would benefit if installation of the temporary lift station was not
necessary.
Thank you for your consideration.
Sincerely,
B.RIGG~ ENGINEERI NC}o INJC.
4i/-e:e~4.~~/;~~
William W~~Briggs, PE/LS ~
Copy: Gary Smith, PE, City Engineer
BEDELCO, Inc.
1111 S. Orchard, Suite 600 co Boise, Idaho 83705" (208) 345-2881 Fax# (208) 345-2950
~ _~.o
AMBROSE.
FITZGERALD
&. CROOKSTON
Atlornoys and
Couneolors
P.O. Bo~ 427
Marldllln, Idaho
83642
ralophona BB6-<<B1
BEFORE THE CITY COUNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF GLENCO, INC.
FOR A VARIANCES FROM THE PRESSURIZED IRRIGATION SYSTEMS ORDINANCE,
FROM THE STREET LIGHT ORDINANCE, AND
CUL-DE-SAC STREET ORDINANCE
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on April 2, 1991, at approximately 7:30 o'clock p.m.
on said date, at the Meridi an Ci ty 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 public hearing on the variance was
published for two consecutive weeks prior to the scheduled hearing
for April 2, 1991, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered
at the April 2, 1991, hearing; that copies of all notices were
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 met.
AMBROSE,
FITZGERALD
& CROOKSTO N
Attorneys and
Counselors
P.O. Box 427
Merldlsn, Idaho
83642
'elephone 888.4461
3. That Applicant has withdrawn its request for a variance
regarding the pressurized irrigation system.
4. That Ordinance 11-9-606 8 13, Street Lighting, requires
that street lights be installed as a public improvement by every
developer of a subdivision.
5. That the Appl icant has requested that it be granted a
variance from the above street lighting requirement but has agreed
to place street lights at every intersection in the Meridian
Greens Subdivision #2.
6. That Ordinance 11-9-605 B 6, Streets, requires that no
street which ends in a cul-de-sac or a dead-end shall be longer
than 450 feet.
7. That the Applicant has requested that it be granted a
variance from the above street requirement and be allowed a 520
foot cul-de-sac.
8. The property in question is generally located South of
Overland and East of Meridian Greens No.1 Subdivision, Meridian,
Ada County, Idaho.
9. That the property is zoned R-4 Residential.
10. That the covenants and restrictions for the subdivision
will require that each home have a yard light installed such that
the front yard area between the house and the front property line
is illuminated.
The light is to be designed to automatically
switch on at sunset and off at sunrise.
11. That Section 11-9-606 B. 13. b., provides that in the
event the street lighting ordinance of 11-9-606 B. 13. b., is
waived that the developer and the lot owners shall be responsible
AMBROSE,
FITZGERALO
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlen, Idaho
83642
relephone 800-4481
for insuring that there is a yard light installed in the front
yard of each house, controlled by a photo electric cell, and the
light shall be wired directly to the residence's electrical
breaker panel and comply with the National Electrical Code.
12. That Meridian Greens Subdivision #1 has yard lights for
lighting purposes.
13. That the Applicant has agreed to place a fire hydrant
in the proposed cul-de-sac such that fire hoses would not have to
be run for distances greater than 300 feet in the cul-de-sac.
14. That the property is an R-4 subdivision.
15. That there was testimony that due to the canal located
near the subdivision that development would be impractical if a
cul-de-sac of the length desired were not allowed.
16. That there were no public comments submitted in
opposition to the variances at the public hearing.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
\'J i t h i n 3 0 0 fee t 0 f the e x t ern a 1 b 0 u n d a r i e s 0 f the A p P 1 i can tis
property.
2. That the City has authority to grant variances pursuant
to Section 11-9-612 of the Development Ordinances.
3. That the City Council has judged this application by the
guidel ines, standards, criteria, and pol icies contained in the
Zoning Ordinance and upon the record submitted to it and the
things upon which it may take judicial notice.
AMBROSE,
FITZGERALD
& CROOKSTON
AUornays and
Counselors
P.O. Box 427
Meridian, Idaho
63642
'elephona 888-44el
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 ~"ithin
the City and the State.
5. That the follo\'Jing provisions of Section 11-9-612,
Variances, of the Development Ordinance is noted which is
pertinent to the Application:
11-9-612 A. 1. PURPOSE
The Council, as a result of unique
circumstances (such as topographic
- physical limitations or a planned
unit development), may grant
variances from the provisions of
this Ordinance on a finding that
undue hardship results from the
strict compliance with specific
provisions or requirements of the
Ordinance or that appl ication of
such provision or requirement is
impracticable.
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are a
follo~"s:
11-9-612 A. 2, FINDINGS
No variance shall be favorably
acted upon by the Counci 1 unless
there is a finding, as a result of
a public hearing, that all of the
following exist:
a. 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; in such cases, the
subdivider shall first state his
reasons in writing as to the
specific provision or requirement
AMBROSE,
FITZGERALD
& CROOKSTON
Allorneys and
Counselors
P.O, Box 427
Meridian, Idaho
83642
Telaphone 1lllIl-4461
involved;
b. That the strict compl i ance with
the requirements of this Ordinance
would result in extraordinary
hardship to the subdivider because
of unusual topography, other
physical conditions or other such
conditions which are not self-
infl icted, or that these conditions
would result in inhibiting the
achievement of the objectives of
this Ordinance;
c. That the granting of the
specified variance will not be
detrimental to the public welfare
or injurious to other property in
the area in which the property is
situated;
d. That such variance will not
violate the provisions of the Idaho
Code; and
e. That such variance will not
have the effect of nullifying the
interest and purpose of this
Ordinance and the Comprehensive
Development Plan.
7. That there does appear to be a benefit of profit,
economic gain or convenience to the Applicant in that street
1 ights would be more costly, however, the 1 ighting ordinance
provides for a waiver of that ordinance in the R-4 zone.
8. That it is concluded that due to safety factors, the
waiver and variance of the street light ordinance should not be
granted at roadway intersections at Meridian Greens Subdivision
No.2 and that street lights shall be placed at all those
intersections within the subdivision.
9.
That regarding Section 11-9-612 A.2. regarding Street
Lights, it is specifically concluded as follows:
a .
That
are
special
there
circumstances or conditions
affecting the property that the
strict application of the
provisions of this Ordinance would
clearly be unreasonable in that
waivers are allowed under the
street light ordinance in R-4
subdivision and the first portion
of the subdivision has yard lights.
b. That strict compliance with the
requirements of this Ordinance
would result in hardship to the
owner, subdivider or developer as
a result of factors not self-
inflicted.
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
interest and purpose of this
Ordinance and the Meridian
Comprehensive Plan.
10. That it is concluded the Application should be granted
as it pertains to street 1 ights except street 1 ights shall be
required at intersections, and provided that the lights are yard
lights and not house lights.
11. That with regard to the cul-de-sac and the section 11-
9-612 A.2. requirements it is specifically concluded as follows:
Allorneys and
Counselors
a. That there are special
circumstances or conditions
affecting the property that the
strict application of the
provisions of this Ordinance would
clearly be unreasonable in that the
canal in the area makes development
without the length of the cul-de-
sac impractical.
AMBROSE.
FITZGERALD
I'. CROOKSTON
P.O. Box 427
Merldlan,ldaho
83642
fall:lphone 8884461
AMBROSE,
FITZGERALD
&. CROOKSTON
All.,rnays and
C.,unselms
P.O. B.,x 427
Meridian, Idaho
83t142
relepMne 8ll8-4461
b. That strict compliance with the
requirements of this Ordinance
would result in hardship to the
owner, subdivider or developer as
a result of factors not self-
inflicted.
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, specifically with the
added fire hydrant in the cul-de-
sac.
d. That such variance would not
have the effect of altering the
interest and purpose of this
Ordinance and the Meridian
Comprehensive Plan.
12. That it is concluded the Application should be granted
as it pertains to cul-de-sacs as long as the fire hydrant is
placed such that fire hoses do not have to run more than 300 feet
within the cul-de-sac.
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
COUNCILMAN GIESLER
COUNCILMAN MYERS
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
VOTED~",.;J]~
::::: ~:~
VOTED~~
VOTED
APPROVED:
DISAPPROVED: