HomeMy WebLinkAbout1990 10-16j." r.
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A G E N D A
MERIDIAN CITY COUNCIL
OCTOBER 16, 1990
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD OCTOBER 2, 1990: (APPROVED)
1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON VARIANCE REQUEST, STREET
LIGHTS IN GOLF VIEW ESTATES : (APPROVED)
2: REQUEST TO LEAVE TRAILER AT .728 WEST BROADWAY BY JEHOVAH'S
WITNESSESS: TABLED AT LAST MEETING: (DENIED)
3: BID ON SEWER LINE: CRE5TWOOD PROJECT:(AWARDED & APPROVED)
4: MOE ALIDJANI, SANITARY SERVICE: REQUEST FOR RATE INCREASE FOR
GARBAGE SERVICE : (APPROVED)
5: CITY ATTORNEY: REQUEST FOR FEE INCREASE: (APPROVED)
6: DEPARTMENT REPORTS:
MERIDIAN CITY COUNCIL
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OCTOBER 16, 1990
The Regular Meeting of the Meridian City Council was called to order by Mayor
Grant Kingsford at 7:30 P.M.:
Members Present: Ron Tolsma, Bob Giesler, MaX Yerrington:
Members Absent: Bert Myers:
Other Present: K. Beumeler, Dennis Marshall, Gary Smith, Bill Gordon, Wayne Crookston:
The Motion was made by Giesler and seconded by Tolsma to approve the Minutes of the
previous meeting held October 2, 1990 as written:
Motion Carried: All Yea:
#1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON VARIANCE REQUEST, STREET LIGHTS IN
GOLF VIEW ESTATES:
Kingsford: You've had these Findings, is there any questions or discussion.
Giesler: I still have a little concern about the intersections of the culdesacs
not having enough light. I could mention what the Findings say, basically that we
would like to see additional lights at the major intersections. I realize that we
didn't ask you to do that in Golf View #1 but I feel that maybe we made a mistake.
We are not asking you to. do it at the culdesac entrances and I'm not so sure that that
is the right decision on my own part. I would like it to be in the minutes that we
take a look at that when the project is completed and see how that works.
Tolsma: I basically agree with Giesler. Voiced concerns about emergency personel
entering area with not enough lighting.
The Motion was made by Giesler and seconded by Yerrington that the Meridian City Council
hereby adopt and approved these Findings of Fact and Conclusions of Law for the
variance request :for New Concept Developers for the street light ordinance.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea;
Motion Carried: All Yea:
The Motion was made by Giesler and seconded by Tolsma to approve the variance as stated
in Findings for New Concepts Developers.
Motion Carried: All Yea:
#2: REQUEST TO LEAVE TRAILER AT 728 WEST BROADWAY BY JEHOVAH'S WITNESSESS:
TABLED AT LAST MEETING:
Kingsford: City Attorney has provided you with a Memorandum on this subject.
The Motion was made by Tolsma and seconded by Yerrington to not grant this request
for the trailer to be permanent at 728 W. Broadway.
Motion Carried: All Yea:
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MERIDIAN CITY COUNCIL
OCTOBER 16, 1990
PAGE #2
#3: BID ON SEWER LINE CRESTWOOD PROJECT:
Eng. Smith: We have had a bid opening for Construction of sewer line in what's left
of the Crestwood property. this would be an extension from Franklin Square Subdivision
over to the peice of sewer line that was installed two years ago from Crestwood No. 1
over to Crestwood No. 3 and in effect this extension that we are talking about now
would eliminate the lift sta~on.~in Franklin Square Subdivision. We had seven sets
of plans out and had six bidders, I have put a list in each of your boxes of the
tabulations. The low bid was by Masco, Inc. at $25,430.75, I have checked the
figures and they are all correct. I would recommend that we award the bid to
the low bidder.
The Motion was made by Giesler and seconded by Tolsma to award the bid to Masco, Inc..
for the sewer extension.
Motion Carried: All Yea:
The Motion was made by Yerrington and seconded by Tolsma to authorize the Mayor and
City Clerk to sign the Notice to Proceed.
Motion Carried: All Yea:
#4: MOE ALIDJANI, SANITARY SERVICE: REQUEST FOR RATE INCREASE FOR GARBAGE SERVICE:
Alidjani: You all should have a proposal in front of you, we are asking for a rate
increase of 6.5~ for both residential and commercial with the addition of some
changes for the commercial trash accounts. I will be glad to answer any questions
you may have.
Yerrington: It looks like in the upcoming year that his fuel costs will be up 50~
from what they presently are. These rates are right on line with most of the City's
around us. I think he is entitled to this raise. I would like to see an effective
date of the 15th of November on this.
Alidjani: There is one clarification I should add, that is at the bottom page of
the proposal it shows. the rate for compacted drop-off boxes at $5.00, if this
raise goes into effect that fee should be $5.35 per yard.
Kingsford: Another thing that should be noted also is that the dumping fees have
gone up also since his last raise.
Tolsma: How much has your trash increased this year, new customers?
Alidjani: Up to date I don't have any record of that. The, City has those records
on their computer.
Discussion.
Giesler: I'm not trying to be toi~gt~on this or anything but we are comparing with
other companies in other cities that have equipment that is kept up real nice
and in good condition.
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MERIDIAN CITY COUNCIL
OCTOBER 16, 1990
PAGE #3
Giesler: Also, their duLmpsters look nice, you are representing the City, alot
of people in the community don't realize that we contract with you, they think
that the service is the City's, you:have brought it up along ways in the last
three months, I would ask that you continue that and try to keep them cleaned
up and in good working order.
Alidjani: No problem.
The Motion was made by Yerrington and seconded by Giesler to approve this rate increase
for Sanitary Service effective date of November 15th.
Motion Carried: All Yea:
Giesler: It was brought to my attention that we are dumping trash and transfering
it over, is that correct.
Alidjani: No, I have bought some transfer station equipment but it is not installed
yet.
#5: CITY ATTORNEY: REQUEST FOR FEE INCREASE:
Kingsford: Councilmen you have had this request since the first of June.
The City Attorney was sworn in by City Engineer Smith.
Atty. Crookston: I have submitted as part of the budget a request for fee increase.
Prosecution area for traffic offences - increase of $2.50 -from $45.00 to $47.50.
Civil work - increase from $60.00 to $65.00 an hr. - Bond issued from $80.00 to $85.00 -
also from $80.00 to $85.00 for developer pass-throughs. The overall increase as it
pertains to criminal prosecution and civil work is about a 6.9~ overall increase.
ACHD attorney fees are substantially higher. The fee increase is well justified.
Giesler: The Police Chief & I met with Wayne last week and we are very pleased.- with
what they have been doing for us.
Kingsford: Wayne has done an excellent job for the City for a number of years.
I think it is probably appropriate that his raise be granted.
The Motion was made by Giesler and seconded by Yerrington to approve the rate increase
for the City Attorney.
Motion Carried: All Yea:
#6: DEPARTMENT REPORTS:
Tolsma: Asked about .the outcome of the Whiffle Ball Game.
Kingsford: Score was 4 to 3, we took second.
Clerk Niemann: We have this agreement with Ada County, we need to think about
authorizing the Mayor & I to sign it upon Wayne's getting some questions answered.
Crookston: The questions that I had on it was that the City was agreeing to maintain
it, wanted the City to recognize that there is a 30 day termination in it and there is
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MERIDIAN CITY COUNCIL
OCTOBER 16, 1990
PAGE #4
a:hold harmless and idemnification agreement when we put those items in there.
Discussion.
The Motion was made by Giesler and seconded by Yerrington to approve this license
agreement with ACRD and the City for the landscaping on the median strips.
Motion Carried: All Yea:
The Motion was made by Giesler and seconded by Tolsma to authorize the Mayor and
City Clerk to sign the licensing agreement.
Motion Carried: All Yea:
Clerk Niemann: I have five weed complaints that haven't been cleaned up yet.
The Motion was made by Tolsma and seconded by Giesler to have the City take care
of the weeds and have them billed.
Motion Carried: All Yea:
Kingsford: Right in back of the tee box on #6 tee out at Cherry Lane it kind of
angles across, I've been visiting with Paul White, Gary & I was out there today,
Daunt, Wally & I looked at it a week ago. They wanted to get two feet so as
to have enough back yard setback. I think it is in our best interest to give them
three on one corner and fifteen on the other one. The reason for that is that it
takes a electrical transformer box_:out of our area and puts it on theirs.
As it is that line goes right through that transformer box.
The Motion was made by.Tolsma and seconded by Yerrington to authorize the Mayor and
City Clerk to sign a quick claim deed to Paul White for a rather irregular piece
of land back of Number six tee box.
Motion Carried: All Yea:
Kingsford: One other thing I would like theCouncil to be thinking about something
we; might do for all the time that Patsy has donated to the City on the Centennial
Bureau.
The Motion.-:was made by Yerrington and seconded by Tolsma to adjourn at 8:05 P.M.:
Motion Carried: All Yea:
Meeting Adjourned:
APPROVED:
V'
G P. KINGSFORD MA OR
Q
BEFORE THE CITY COUNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF NEW CONCEPTS DEUELOPERS, INC.
FOR A VARIANCE FROM THE STREET LIGHT ORDINANCE
GOLF VIEW ESTATES N0. 2
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on October 2, 1990, 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 public hearing on the variance was
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 88&4481
published for two consecutive weeks prior to the scheduled
hearing for October 2, 1990, the first publication of which was
fifteen (15) days prior to said hearing; that the matter was duly
considered at the October 2, 1990, 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. l.b, of the Revised and Compiled
Ordinances of the City of Meridian; that this requirement has
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridlen, Idaho
83642
Telephone 888.4481
been met.
3. That Ordinance 11-9-606 B 13, Street Lighting, requires
that street lights be installed as a public improvement by every
developer of a subdivision.
4. That the Applicant has requested that it be granted a
variance from the above street lighting requirement and be
allowed to have installed on each lot a front yard light on a
pole operated by a photo electric cell and enforcement that the
lights would be operable would be performed by the Homeowners
Association of the subdivision.
5. The property in question is in the SW 1/4 of Section 3,
T. 3N., R. 1W., Boise Meridian, Ada County, Idaho.
6. That the property is zoned R-4 Residential.
7. That the Applicant is the owner and developer of Golf
View Estates No. 1; that a variance from the Street Light
Ordinance was requested by the Applicant for Golf View Estates
No. 1 which was granted contrary to the findings that the
Applicant did not meet the requirements for a variance under the
Ordinance.
8. That Cherry Lane Village No. 1 and 2 were not required
to install street lights when they were developed in 1977 and 78,
but this was prior to adoption of the current Subdivision
Ordinance; that the City Council has granted variances from the
Street Light Ordinance in the recent past and in one area not in
the Cherry Lane Uillage Golf Course area.
9. That the Variance Ordinance, 11-2-419 states that "No
non-conforming use of neighboring lands, structures, or buildings
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlen, Idaho
63842
Telephone 8864461
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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.
10. That Section 11-9-606 B. 13. b., provides that in the
event the street 1 fighting ordinance of 11-9-606 B. 13. b., is
waived t-hat the subdividers and the lot owners shall be
responsible for insuring that there is a yard light installed in
the front yard of each house, controlled by a photo electric
cell, and shall be wired directly to the residence's electrical
breaker panel and comply with the National Electrical Code.
11. That even though yard lights, if allowed, must now be
required to be directly connected to electrical breaker boxes and
come on automatically by means of a photo-electric cell,
replacement of light bulbs and maintenance is difficult to
enforce.
12. That in areas where yard lights have been allowed to be
substituted for street lights, the areas are often still quite
dark, especially at street intersections.
13. That the purpose of street lights is for safety and
crime prevention.
14, That there were no public comment submitted in
opposition to the variance 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
within 300 feet of the external boundaries of the Applicant's
;.
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property.
2. That the City has authority to grant variances pursuant
to Section 11-9-612 and 11-2-419 of the Development Ordinances
upon meeting the ordinance requirements.
3. That the City Council has judged this application by
the guidelines, standards, criteria, and policies contained in
the Zoning Ordinance and Subdivision Ordinances 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 11-9-612,
Variances, of the Development Ordinance are noted which are
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 application of
such provision or requirement is
impracticable.
6. That the specific requirements regarding a variance
AMBROSE,
F1T2GERALD
&CROOKSTON
Attorneys end
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 8884481
that must be evidenced and found by the City Council are a
follows:
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11-9-612 A. 2, FINDINGS
No variance shal 1 be favorably
acted upon by the Council 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
s t r i c t a p p l i c a t i o n o f t h e
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
involved;
b. That the strict compliance 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-
inflicted, 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,
AMBROSE,
FIT2GERALD
SCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridlen, Idaho
63642
Telephone 68&4181
economic gain or convenience to the Applicant in that street
lights would be more costly; there does not appear to be an
extraordinary hardship because of unusual topography, other
physical conditions or other conditions which are not self-
inflicted which would be sufficient grounds to grant the
requested variance; however, the lighting ordinance speaks to a
waiver of that ordinance in the R-4 zone and such has been
granted in the first portion of this development.
8. That it is concluded that street lights are a safety
device and measure for pedestrians and vehicles and are a measure
which helps prevent crirne; that although there are provisions for
wavier of street lights in R-4 subdivisions that the waiver is
not automatic and safety factors must be weighed heavily when
considering a waiver.
9. That it is concluded that the prior variances and
waivers of the Street Light Ordinance were a mistake and probably
should not have been granted.
10. That it is concluded that due to safety factors, the
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884481
waiver and variance of the street light ordinance should not be
granted at roadway intersections and that street lights shall be
placed at all roadway intersections of through streets within the
subdivision; that due to the City Council having granted a
variance from the Street Light Ordinance for Golf View Estates
No. 1, and that since the Applicant may have been inappropriately
led to believe that another variance would be granted to the
remainder of the entire development, it is concluded that the
variance shall be granted for areas where street lights would be
required under the ordinance other than at roadway intersections
of through streets.
T0:
FROM:
MEMORANDUM
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counaeloro
P.O. Box 027
Meridian, Idaho
83642
Telephone 888.1481
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MERIDIAN CITY COUNCIL.
SUBJECT:
DATE:
WAYNE G. CROOKSTON, JR., City Attorney
REQUEST TO LOCATE MOBILE HOME IN CHURCH PARKING LOT
OCTOBER 12, 1990
Meridian Ordinances
3-501 "Mobile Home" means a manufactured transportable,
single family dwelling unit suitable for year round
occupancy and containing water supply, waste disposal
and electrical conveniences and so designed that it is
or may be mounted on wheels and used as a conveyance on
highways or city streets, propelled or drawn by its own
or other motive power.
3-520 No trailer coach shall be used for dwelling or sleeping
purposes except in a trailer court.
3-506 It shall be unlawful for any person to park any house
trailer on any street or any tract of land owned
by any person,. except as provided in this chapter.
3-506 ld The storage of any unoccupied and uninhabited mobile
home shall be permitted in the rear yard of any
premises; provided that it does not extend into any set
back area, nor shall it be connected to a sewer, water,
electricity or gas and that such storage is not in
conflict with any other section of this Chapter or any
other regulation of the City of Meridian.
11-2-403 B. Definition
Mobile home - A structure transportable in one (1) or
more section which has attached to the structure a
valid insignia which states that the mobile home is in
compliance with Federal Mobile Home and Construction
Safety Standards. (HUD)
11-2-409 Mobile Home Parks and Subdivisions
Conditional Use in R-4, R-8, R-15 and R-40
IDAHO CODE PROVISIONS
39-4003 Mobile Home and Recreational Vehicle defined by rules
and regulations of which the City has no copies.
39-4005 Insignia for mobile homes and recreational vehicles are
*:. _--
TRASH HAUL REGULATIONS
CITY Off' MERIDIAN
t Effective )
All trash must be in approved cans or heavy duty plastic begs.
Cans must be leak-proof and have lids. Cane must be betreen
20 and 32 gallons, not over 80 lbs. per can. Bags must be tied
shut.
There is no extra charge for more than one can or bag.
All empty boxes and tree trimmings must be bundled - maximum
length four feet.
All trash that does not comply with the City Ordinance rill
not be picked up - including grocery bags and boxes full of trash.
The only variations from this schedule must be approved by the
City's Hoard of Equalization of Trash.
Sanitary Service Inc. rill be closed all legal holidays when
Gity Hall is closed. Your pick-up day could be one day later that
reek.
RESIDENTIAL:
55.50 a month unlimited cans
1 pick-up per reek
54.50 Senior Citizens - 65 years
COMMERICAL b BUSINESS:
85.50 a month, 1 can limit
55.50 a month, each additional can
85.50 a month, each additional pick-up per reek
Compacted drop-off boxes SS.,~i per yard tcustomers box)
,~_ _
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PAGE 2
MONTHLY RATES
DMPST
Size 1 pick-up
per reek 2 pk-ups
per reek 3 pk-ups
per reek 4 pk-ups
per week 5 pk-ups
per reek 6 pk-ups
per reek
*1 Yd. 23.50 35.00 45.00 56.00 67.00 78.00
1 1 / 2 30. 00 46. 00 63. 00 79. 00 96. 50 113. 50
*2 Yd. 34.00 51.00 70.00 90.00 108.50 127.00
3 Yd. 42.50 70.00 98.00 126.00 154.00 181.50
4 Yd. 66.00 116.00 166.50 217.00 267.00 318.00
6 Yd. 78.00 135.00 192.00 249.00 306.50 364.00
« DUMPSTER IN LIMITED SUPPLY
DUMPSTERS NOT ON REGULAR ROUTES
20 Yd.
30 Yd.
Dump
B0. 00
100. 00
Daily
2. 00 Day
2. 50 Day
Monthly
57. 00 Mn.
70.00 Mn..
80. 00 Mn.
14. 50 Mn.
40 Yd. 110.00 2.75 Day
* 3 Yd. 6.50 .50 Day
* 810.00 Delivery charge**
CITY HALL - 888-4433 SANITARY SERVICE - 8B8-3999