Loading...
HomeMy WebLinkAbout1990 11-06ai ~w ~.-- CITY CCU C C~1 , 1 • w ~~ :~{ ~:~ ~~~ .. ,: ~J ~~ ~ ~ f MERIDIAN CITY COUNCIL NOVEMBER 6, 1990 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, Max Yerrington: Others Pre~~t: Kay Beumeler, Wayne Crookston, Bill Gordon,Jim Johnson, Bill Briggs, Gary Honeymiller, Moe Alidjani, Peter Covino: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous meeting held October ~6, 1990 as written: Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Tolsma. to appro;~e the the minutes of the Special Meeting held October~30, 1990 as written: Motion Carried: All Yea: Item #1: Final Plat on Phase #I, Misty Meadows Subdivision: ~, Mayor Kingsford: Do the Council Members have any questions in regards to this request? Tolsma Have you reviewedthe comments? Bill Briggs, Engineer on the project: Yes, we have: ~~ Tolsma: What about the all weather access far er~ergency~~v~h.1es , do you have any problems with that? ~'}~' i r:~ Briggs: What we would like to do wiFtY~ the Counc~s~pern~~s~~o~ is to, from the end of Mr . Noteboom' s, dr~eway ~ bl,ade whatever width the Fire Chief woad ~.eem appropriate ~~to. the end}~ off:~the paved street and then gravel that portion so it would meet the C~iief~s.,requirement. ,t ~. [I Mayor Kingsford: I think 'the Police Chief ~had~ the same concern, would this meet with your approval? Police Chef: Yes: w Briggs: I think the critical thingF~ i~ that we build son~ething~:, satis-~ factory that would hold up a fire engine and I assumes that wo'~ld hold up a police car: ACHD~:is requiring that we put a barricade at the end of that street but it cou~~ be a breakway barricade. The Motion was made by Tolsma and seconded by:.. Giesler, to approve.,~the Final Plat on Phase #I of Misty Meadows Subdivision with the provision of the additional access, all weather road from Northwest 8th~~treet~ to the paved road be constructed that will carry Fire Engines and/or Police U'its: Motion Carried: All lea: ~; ~. ., - Item #2: Covenants on his y Meadows Subdivision: Mayor Kingsford: Counselor have you reviewed those? ~M~ + 1 t :~ MERIDIAN CITY COUNCI~, NOVEMBER ~" l9 9 0 ~ ~ ~~ Page #2: Counselor: I think,~that I have but I did not take a close look at the agenda and if I have did not bring my comments with me tonite~ Mayor Kingsford: Council Members do you have any questions about them? If you do not, I recommend maybe that we approve them conditioned upon Counsel's review:i The Motion was made by Giesler and seconded by Myers to approve the covenants for Misty Meadows Subdivision conditioned upon the City Attorney review: Motion Carried: All Yea: Item #3: Pre~Termination Hearing: water/Sewer/Trash Delinquencies: Mayor Kingsford: You have been informe in writing, if you choose to, you have the right to a pre~terminatio earing befpre 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 Councel: Is there anyone in the audience who wishes to ~iaa pre--termination hearing? There was no r ~ ~onse. Du~~ to their fai~.ure to pay their water bill or to present ar~y valid reason why the ball has not been paid, their water shall b~ turned ofd on November, ~,4, 1990: In order to have their water tu~'ned back ~n,= there will be an additional charge of $10.0 0 . They are hereby in"~ormed., that they may appeal or have f' the decision of the City reviewed by the Fourth ~,~~~~;~ " District Court, ;~ pursuant to Idaho Code. Even though they appeal their water shall be shut off : The Motion was made by Tolsma and seconded by - ono ; ~ ~ pi~e~ t~~ ~~ ~~p ~ r off list as submitted: Motion Carried : All Yea : Amount of ~~1 inquenci~e's~ this month : $ ~, 21, 6 3 , 9 7 : .~ Item #4: Approve the Bills: The'Niotion was made by Tolsma and seconded by Myers~~to approve the bills: Motion Carried: All Yea: Item #5: Resolution #135: Mayor Kingsford: A Resolution of~the City of .Meridian authorizing Mayor Grant Kingsford or City Clerk Jack Niemann~to~ sign all applications, grant agreements and amendments and any other docents relating•-to~the Wastewater Treatment and S rage S~,stem Facilities Plan, what we are proposing as to apply for a Grant that we wall have a match on to update our facilities plan for sewer and water fors out area of impact, last r ~~ . time that was done was in 1~~77 as we were wo~a on the new sewer plant. The Motion was made by Myers and seconded by~Tolsma:~to approve Resolution #135: Motion Carried: All Yea: ~~ 7 1Ck~ ~y MERIDIAN CITY CDUNC~ i ~ NOVEMBER 6, 1990 ~ ' PAGE # 3 Item #6: Peter Covino: Mayor Kingsford~Mr. Covino has asked to address the Council tonite and I have mowed hiresome time: Covino: I just got the notice about the creamery property by coming by today about the mess out there and I do not know if you are aware but what we have been doing is we have been moving out on weekends, I have been bringing a crew of kids in there and tons of stuff out every weekend, a lot of it we pile onto that big two ton trailer you have seen parked out there and haul it out to hist~place by Mountar~Home. We move out more each weekend than Jay can move during the week days. We fill up the trailer and haul it but we also haul a lot of stuff out to the back park ing lot and between the buildings and every place else. Then all wee1 long Jay loads this up and hauls it out to his new location. The object I thought was to get him moved ~'ut and if you will note those cars are rotating it is not like the same ones are. there all the time. What I am proposing that you let us continue in this manner otherwise what is going to happen is he is going to move all that stuff back in this week to avoid a f ine and then we are not going. to get him moved aut any faster. This way we are forcing him to move that stuff but to stop us from the way we have been operating to move the things out to only have us move out as much as he can move, we are going to be forever getting that stuff out, when we finish cleaning out the building, then my crew will come in on Saturday and help him move the stuff on the outside. I was hoping for a little bit of leniency-there if not leniency long term a~ least give us an extra week to move that stuff, I just found out about it and I can not put enough people together to haul .it out. Myers: What are you looking on time wisewthe way you are going? Covino: The rate we are going, I expect4in one more month~to have~it empty . As a matter of f pct our deadl i eras f ~~ Thanks~giv'ing . We have ore more load from the stuff 'we took a} of the upstairs and it will be em t Downstairs we have half the~buil~in`' almost totall em t The pY g Y PY reason ~rou see all those cars all the sudden is beha.nd those cars are alb If*~ the smaller things that my crew can move with hand trucks and such. He has lots of parts on pallets, we could not get to those with the cars that were in front. So we have taken the cars and. stuck them in the back lot and he has been taking out one or two a day to the new location. He just can not move them as fast as we take it out of tY~e building. If you do not give us a little more. tine at ,east to c~,ea~ up mat we have right now, he is just going to move it back into the bu~,ding, We would~pr~'fer to go an like we are going and by the end o~ this n~ont~ we should have the building emptie1d and most everything outside gone. As a sideline to that , I guess the Police Department wou~,d 1' ~_to know what is going on shooting up ors top of .the roof., the way have beep working in getting our help is for the. time. they work we gibe them credit to play with the splat guns, so every weekend after they work they want to play for a couple hours, so we have been doing that as their pay. I have not been solicating the public, it is just. the workers, if we can not do that we will have to make some other arrangements for paying. them and we will cease immediately playing in the building and the playing on the roof that was always off .limits. Mayor Kingsford: I think 'Mr. Coviric~ there is no di~rence whether you are ~~ i ~' ~+~ ~-- r MERIDIAN CITY COUNCI _~ ~ NOVEMBER 6 , l9 9 0 ~~ ~+ ~: PAGE # 4 taking funds from somebody or whether it is in pay, it is still the same thing, you are in violation of the Conditional Use until you have brought it up to code. Covino: We will stop the playing immediately~~;~~ there will be no more play; ing in the building or on the building. If I understand the Council right you want these things out of the building, you want the junk yard all the way out, and we are doing that as fast as it can be done. Mayor K~.ngsford: I think, Mr' Covino, it is tie desire of the Council and it has been our position with Mr. Amyx since he purchased that building that the outside be clear, that as he brought stuff here it had to be moved inside and a reversal is also true of that stuff, if it comes out it needs to be taken away.it is not supposed to be outside. ~, Covino: I understand that,it is being taken away but we have moved it out of the building faster than he can haul, it.out. Mayor Kingsford: I understand that,but our position contrary~to what you are saying, our position is that there should not be junk outside. Covino: It could take another six month if we take it out one piece at a time, to be able to haul it all away. *~ . ~~ Mayor Kingsford: I think that if you don:'t,. that you area in violation o~ the Court Order and our agreement, you wou~'d have the risk of shaving your Certificate of Zoning compliance revoked. I would suggest~t~ you maybe that as you haul that stuff out, strike~an agreement~aith Mr. Amyx to take it all the way out. In realr~ty you are not ~oing,to have it cleaned out any faster one way or the other, it~would just be sitting outside which has been our problem all along. Covino: If nothing can be arranged can we'~at 1,east get a one week exten~ sion on cleaing up the outside ~~before =you ado anything? Mayor Kingsford: That is up to the Counca~l: -~ Myers : That has been an eyesore since he v~~ irk there,~# ~t~ situation is that it has been that way and:he keeps say%.ng he is~rgoing~ to da it and nothing ever happens , it sti l+r has a11~: thi s4"junk ~,ay~g around there . I would not be opposed to going a week from Ffi~day, but if~it is not by then, then we would proceed with the''contempt. What you are going to have to ado is not move stuffw~out until he is ready to moves it away, ~'~esler: Are we in violation if we grant this against any of~~the Court decisions or anything? ~ V -- Counselor: The Court Order is that he is not. to have. that outside, technically ~e is in contempt whether you al,l~ow it or not, it is up to the Council whether or not to pursue`~he contempt but the Court Order is still outstanding and in reality the Council cannot necessarily y~aive that order, the order stands ur~,tl pit is modified by judicial proceedings. It is up to the Council whether or not.they want to pursue the contempt but we have been through this thing fnr so long that I think, the problem was never with having the junk inside the building it was having it outside and that is what the Court Order is that he ~~ i MERIDIAN CITY COUNCIi ~~ - '' NOVEMBER 6 , 19 9 0 °.. ' }- PAGE # 5 not maintain that outside thel~premises, he can keep it inside and he is well within the Court Order. Tolsma: If we grant an extnsion then~the only thing we can do is not say anything to the Courtfor a week, is that correct Counselor? Counselor: You can decide to not direct m~ to proceed with contempt proceedings until a certain date. ~;~ Mayor Kingsford: I think if it is the Councils perogativ~ that they do give any addition time, I think it ought~to benot past Sunday if Mr. Covino is working on the weekends. Giesler: That is one of the main complaints I get regarding„that situation down there, the City has spent hundreds of dollars ge~tinc~ this, thing pt~ together and I think 'it is riCous to. turn right around and flow this to continue, I think we have bent over backwards for years, I.think if there is a problem getting the stuff hauled away they are going to have to figure out a system to get it removed properly. The Motion was made by Myers and seconded by Tolsma=to grant until night fall on .November l2, 1994 extension before we pursue litigation on the contempt of Court . Myers: Aye; Tolsma, Aye: Giesler, Nay :';Yerrington, Nay: Mayor Kingsford voted Nay : Mation f a~,i led Mayor Kingsford: You need to get it cleaned up or be in ~riola~ion: Covino: I am not the one in violation though? Y~ Mayor K~i,ngsford: Right, but what you risk is losing~~ that Cer~if icate~f Zoning Compliance, which could put your'- pro~ec~ an' ~eoparty ~. ~~ ~~ ~~ Giesler: I have a question, Mr. Covino, in check~n'g.the records we still have not recieved payment of ,the charges involved in~the Condi~tiona~.~Use Permit. rt Covino: Unfortunately m~ backer will not give m~~that money until, buy the building permit and I was informed byi the Building ~~nspector that I could not pickup a bu~.din~ permit~uril thewater & sewer permit was purchased and since that is the sequence Mr. Amyx has the obligation of paying the water & sewer so sine he has not paid~i~ then I cannot get the building permit. ~, Department Reports: Jim Johnson, Chai~nan of the P &Z: I would just to~thank the Council f ~r sending m~ to that seminar in Couer D'A~.ene, I think this was funds well spent, I enjoyed the time I spent there and learned. several. things, the best part of it was of course the interchange with the other people attending, the exchange of ideas. I was suprised to learn there that Cities with much smaller size than ours have full time planners and I think in the future that might be`~something that a growing community' like Meridian should look'+'at or at least someone with that background J I MERIDIAN CITY CoUNCI _! ~ ~' NnVEMBER 6 , l9 9 0 ~.: ~ ~~ PAGE # ~ I did enjoy it and I appreciate the opportunity of being able to attend. I ~ Mayor Kingsford: Along that line, what would you think about during that transition time if we looked at ~udgeting far consulting, ~f you felt you needed that. Johnson: It might be something to look at. Myers: A couple thing I wanted to ask about, one is the street lighting on Glennfield II, I guess Idaho Power is going to take care of that and the other thing I guess the thing is this Treasure Valley Towing thing. C~ure~o~: The status of that is that he is zoned properly for what he is doing unless of course he is operating a junk yard, he c~.aims he is not, unless we hire someone to do some undercover work he is not operating a junk yard. He claims he is not painting~~ar he is painting his own vehicles. Mayor Kingsford: Lets stay on top of this, maybe we need; to get some pictures. Being no further business to come before the Councrll~~the Motion was made by Myers and seconded by Tolsma to adjourn at 5:45'p.m.: Motion Carried: All Yea: TAPE ON FILE of THESE PR4CEEDINGS~ ~ F'` i rr r ,~ '" / `• r - ® `/ Ff ~ I 1 r r -+ i r 3 P ~a~j~ '~v ~ .a. V1 ® ~,. 1. ^ . 1 ~~ ~ ~ ~1 1 1 .. e i 5 . 713 i i . 5 it J , r ve, 3 . 1. 23 r y . t 75.5 o ro y 1 ich roes 123 I a 1 ~; 1 7 s ro en 37,1 3 1 Lind o e ,l ~ 1 , i v . . 3 7 J e an all 271.3 1- 3- 1- 3 331 1 s 7® . ^iF 3470 o . . 3 it 11 1. 1 2 r o 2 . 5 n 71.3 Ilia 357 r Corn all 3 C rt i 3 Loci; 1 05.7 1 r v . 1 is C e 2, 1 r ve. ~ ~ . ~ 3622 } s c r w 1217 1 ~, 3660 len it 33 v . 5568 n c 1 13 e. 5574 is t c 1 . 13 ve. 5576 e y . 13th t, 5606 u y l r c 561 ichar , r . 1 , 5616 nni r is , 5682 ry st 1 . 15th 5724 e r 3 r t v . 5772 a r e l 133 5826 an 1 1 5t 5852 ill ,1 . 13th 5878 it 1 3 15t , 6524 re . i s 111 2 . 22058 ili m ill . 22406 e al 171te c a 22476 i t c r 3 i 28900 ~h e 2 i t n a 1 .108.70 52.30 77.10 98.30 40.60 109.00 28.10 3?.70 89.25 83.60 96.10 54.15 84.70 21.05 44.10 134.50 122.70 91.60 45.40 ~~, i r 28920 , C y ~ 30814 Kitt 21 1 a 30826 s o 2 ri t 30864 n i i 2a 30868 n 3 nn 30888 1 3 30912 .i o c y 30920 is , o 1 rian c 30926 i r 1911 r 1 c 30954 t c a ~~ 30970 ai it 1 a 30990 C i ton rn t 2 riv 30992 re is riv 310 1 , i t 2591 e ~ cc 31090 i r is 1 3 31104 r r cy , 32320 Cery n 1 1 is '32352 v ry 7 Cairn 32422 ue an 1 3 as r. i ~~~ 30.30 35,20 73,00 89,00 99,50 114,20 89,70 115,00 177,05 74,00 134,60 126,65 150,50 86.10 135,30 34,90 ~~ 76,10 109.30 114. 1 ~ w w I 32498 ri ton 91.40 ~" 1 an o rt 32548 i r 64.10 175 35350 s 45.40 1 3 r 35352 1 a 55,80 1 r. 35364 e of 68.70 1 . 35372 ~; e on o 85.80 1 1 . 35678 ~~~ c ev 15.00 3 . 12t t. 37194 n s 120.40 2 3 t. 37224 e n i a 113.00 1332 . 37240 it it tc r 74.25 1 rr r. 37436 oc to 51.00 1311 err e 38275 ron t 74,50 t v, 38360 al e 78.00 . 1 t t. 38368 , i r 9~ 90 025 , t 38378 o 42.20 3 r rive 38408 i r 6,4Q 5 n rive 38428 n 47.15 3 it r. 38512 -~ rig ~ i ~~'~~~ ~ 72.70 1 , u e . :~ :~ta~ ~ w ~ ~ ~: ~ r ,~~ .. 38600 bin elon ~ ~ 145 ~55 . eau~~ . t .~ Y ~f f _ ~ 1 I • i. 38618 i i 44.65 ~ , ~~ f I '38622 n 9.40 38640 110.90 t , 3$650 v' , 124. . 1 , 38824 136.10 r, 38832 56.90 , , 38 , c 105, 0 1 it , 38850 l c 7.55 i 39278 n 1 96.90 11 v, 39882 t 97 .9 , ~ 40098 c 277,55 , 40128 i r 112,40 ,' 41208 c 103.20 1 41216 i 63,30 , 41260 i 3,10 r, 46052 96.70 i 47844 ~ 6®5 _ 1 is 47884 v' c 115.40 rr 48728 ~ is 1 105.20 1 , , v , F I~ 48744 re 111 l . ~w 48816 i i to , ill a 48818 Calvin , o 3 , ill r a 48834 ©© 1 1 en . 49255 i n t. 49274 a c ^ 7 Jerk o 52526 n a 52527 3 5th 52528 a 5 , as in ton 52529 u an 53640 i .q',2 1 n 53800 ally r 135 It t 53816 J rte s . t t 53944 ~ , n 1 35 ei i 56090 a tier it 1 , t 56340 ni t ~~ ra 56392 t 7 s t 56728 t er 2 d v 56836 ~ ca i ve .. ~~ti ti 147,80 90,10 ~~ '.i' ~LT.li ~ f. 58542 n ~x~ t t. • 58640 _r na 93 1 58682 .. 58696 lv t ± . 5 59510 icle , . 60158 re , er 60430 vi its 133 60470 v v for 2 _ i 60478 t ri nor 61942± o i i 70562 is l , c 3 . . 70630 y , n io 12 . F 92120 I n . 7 92130 1 , i c i 313 . . 93344 is onz 1 . t v 93345 lice onz 1 . 7 ve 94606 ell 11 c . 94616 . o1 11 1 3 circ e 95178 is a c is 29 r o . 37.87 169.50 3 , 00 79.70 201.60 205.60 69.90 193.80 37.90 85.35 137.30 81.50 71.80 14.30 29.75 31.30 24.60 8 ~. ~~~ Y ~ ~ ~ __~ - ~. 97362 Dale L. Duncan 42.55 202 W. Franklin 133 12 163.97 Totals: ,~ ~i ~ i F~ ;~ ~~ 1 RESOLUTION N0. 135 C GIL N iL r . TOLS A J... r .1 YS [C -T I LE CI[~;; Zon[ ~ nnin JI J S RESOLUTION bye the City Council o the City f eridian, A County, I o, authorizing Mayor Grant io or City Clerk Jack ieman to sign all applications, grant agree ants and amendments and any other documents relating the Baer Treatment and Sewerage System Facilities Plan: WHEREAS; the City of eridian intends o dte~te existing wewtr~~Treen~ cant and Sewerage System ac' hies Plan for the Meridian Impact Planning Area; and EA the Facilities 1 '~ i~ o e done ~. accordance ~.~ with State o Ido,yDeptmen o Health an else grant requirements to serve the needy of Ie yea and S; the casts o. the Facilities ~.n update i elii l for State funding; ~i O , R FORE, SO by the-'City ~Conc.~l of~the City o Meridian, Ada our~~ty, Idaho, ~~ that Mayor Grant i,rd o City Clerk Jack iean i uyloiz ,~~ta sign applications, Grant Agreements and de n any other doc ends relating ^ to the wastewater Treatment Plant and Sewerage System Facilities Plan Grant: e and opted the City ICouricil of,:,.e~ City o Meridian, Ada County , Idaho , the 6th day oNovember , 19 0 , byra the col loan votes: AYES NAYS ^ ~ rl , ,ATTEST: ~ ~ II r _ .,~ 1 .s =~#~ _ II J ,-' _ ~~ -- - ^ ~~ ., t~l I ~ ~ ~ ~ ~-- ,~ ~ I# ' 1 II ~+ ~ _ Ir ~I ^ ^ ~~ - --.re er ^