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HomeMy WebLinkAbout1985 12-02• A G E N D A MERIDIAN CITY COUNCIL DECEMBER 2, 1985 ITEM: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 18, 1985: (APPROVED) l: BID OPENING ON NEW POLICE VEHICLE: (AWARDED TO MERIDIAN FORD) 2: COVENANTS ON UPLAND INDUSTRIES TREASURE VALLEY BUSINESS PARK PHASE # I: (APPROVED) 3: FINDINGS OF FACT AND CONCLUSIONS ON VARIANCE REQUEST BY KENT BARNEY: (APPROVED) 4: ORDINANCE # 459: ANNEXATION OF TERETLING TRUST # 7 PROPE~~~ROVED) 5: PRE-TERMINATION HEARING V~7ATER/SEWER/TRASH DELINQUENCIES: (APPROVED TURN-OFF LIST) 6: APPROVE THE BILLS: (APPROVED) 7: REPORT BY PETE MICHELSON ON AIR QUALITY: 8. DEPARTMENT REPORTS: • • MERIDIAN CITY COUNCIL DECEMBER 2, 1985 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: Members Absent: Bill Brewer: Others Present: Roy Porter, Kenny Bowers, .Bob Mitich, Gary .Smith, Gary Schaffer, Lloyd Howe, Bob Hettinger, Larry Hettinger, Wayne Crookston, Pete Michelson, DelTredinnick and Staff from Air Quality Board, Ronda Lowe, The Motion was made by Tolsma and seconded by Myers to approve the minute of previous meeting held November 18, 1985 as written: 9 MotionCarried: All Yea: Mayor Y.ingsford welcomed Robie Hettinger Senior Patrol Leader and Larry Hettinger Assistant Scout Master from Troop #21. Item # 1: Bid on new Police Car: Mayor announced two bids were received and had the necessary documents enclosed: The first bid was from Meridian Ford in the amount of $10,106.00, the other from Bob Rice Ford in the amount of $10,394.97: The bids were given to Chief Porter to check to see if the specifications were met. Mayor Kingsford stated..Item#7, report on Air Quality would be taken up next. Pete Michelson Air Quality Board Member from Meridian and Del Tredinnick, Executive Director of the Air Quality Board gave a summary of the new amendment to the Air Quality Ordinance. Councilman Giesler, advised the problem he had with the 1980 models had been satisfied. The Motion was made by Myers and seconded by Giesler to have the City Attorney draw the necessary Ordinance to amend the Air Quality Ordinance_ and have available for the December 16, 1985 Council Meeting: Motion Carried: All Yea: Item #2: Covenants Treasure Valley Business Park Phase I: Myers, I have not read them in their entirety, is there any problem waiting until next meeting on this? Mr. Howe, in order to meet the deadline of filing plat by December 31, 1985 it could present some problem. Mayor Kingsford, if you could not obtain all the signatures,I believe the Council would extend the deadline. --- It was the concensus of the Council Members they would have no problem approving at this meeting if it was going to cause problems. CITY COUNCIL • • DECEMBER 2, 1985 PAGE $ 2 City Engineer, I notice that they call for 30 foot set back on certain streets, our Ordinance calls for a 35 foot front setback, it also speaks to eight foot fence in the covenants while the Ordinance only addresses six foot fence. Mayor Kingsford, in regards to this our Ordinances would take precedence over the covenants. There was discussion on these items. Mayor Kingsford, could we approve these subject to our Ordinances? Crookston, it would be better to approve subject to the changing of these two items. Mayor Kingsford, it probably would be in the best interest of the City to amend the Ordinance to allow eight foot fence in Industrial Zone rather than .having to grant Variance, I might recommend to Mr. Spencer to start this process. The Council concurred with this. The Motion was made by Tolsma and seconded by Giesler to approve the covenants of Treasure Valley Business Park Phase I subject to conformance to the City Ordinances: Motion Carried: All Yea: Item #3: Findings of Fact and Conclusions on Variance Request by Kent Barney: Mayor Kingsford, I might at this time have the-City Engineer make some comments on this as he had some concern about not having street lights in a subdivision, I think it might be good to have on record his comments: City Engineer, I think the Council needs to be aware of the fact that we are dealing with two different kinds of lighting, one is the yard lighting which is very pleasing and attractive from the homeowners stand- point, I made a trip there tonite and. there were a great number of lights that were lit, many more than were not, I also went to Settlers Village Subdivision and the. street lights provide an intersection visibility so that you can see vehicles. coming to the intersection before you get there with your headlites, you also have dark areas in Settlers Subdiv- ision between the street lights. In Cherry Lane Village you do not have the intersection lighting, you do not see what is in the intersection until you get there with your headlites, but down the street you have the yard lights that do provide some lighting, You have the two diff- erent kinds of ,lighting both attractive in their own way, both necess- ary in their own way but the street light itself .from an engineering stand point is appropriate for safety, for emergency vehicles and I think this is probably a .difficult situation because of what has happen- ed prior to Kent Barneys Subdivision as far as requiring street lights and that is why he has made his request for a Variance. The combination of the two would be great. Mayor Kingsford, certainly we are looking at a lot of trade offs and the reason I wanted this brought up was. it bothers me the precedent we `are looking at , developers are now responsible for the costs of those f ERIDIAN CITY COUNCIL • • DECEMBER 2, 1985 PAGE # 3: street light installations under our current Ordinance, if we grant this certainly we will have other, developers requesting that we grant Variance for the same thing, we have approved. of a concept plan several years ago on this development and if it were to run through the whole development there would be continuity in not having street lighting, with the cost of street lighting to the City, it might be down the road with the tight budget constants this could be a low priority item I know several Cities have evaluated this and turned off every ot'her~light. There are several ways to look at it, my recommendation would be that we go ahead and grant the Variance for. .this development .but make it clear that it is not our intention to vary from the Ordinance as a general rule, but it is the Councils decision to make. Myers, I think it is the only way we can go because of the concept of that area, the concept of the whole area out there was designed that way and if it was still the same developer it would be that way. I think the continuity is very important to keep that way. There was discussion on;how the yard light could be policed as far as making sure they were maintained and also discussion on not have a separate switch for the yard lights, they be strictly on a photo-cell. It was the decision that this would have to be in the form of an Ordin- ance as the Electrical Code does not speak to this subject and the Ord- inance would be only where a Variance to the Street Light requirement had been granted. The City Attorney and Electrical Inspector are to proceed with this matter. The Motion was made by Myers and seconded by Tolsma that the Meridian City Council hereby adopts and approves the Findings of Fact and Conclus- ions as prepared on the Kent Barney Variance. Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: The Motion was made by Giesler and seconded by Myers that the Variance request by Kent Barney be granted under the conditions as stated in the Findings of Fact and Conclusions. Motion Carried: All Yea: Item #4: Ordinance #459: Annexation of Terteling Property: Mayor Kingsford,-this is the annexation which was approved at the last meeting and tonite we have the Ordinance. An Ordinance annexing and zoning certain real property which is described as a part of the South- west Quarter, Section 18, Township 3 North., Range 1 East, Boise- Meridian, Ada County, Idaho and providing an effective date, is there anyone present who wishes Ordinance # 459 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance Number 459 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: MERIDIAN CITY COUNCIL • • DECEMBER 2, 19..85 PAGE # 4: Item #5: Pre-Termination Hearing Water/Sewer/Trash Delinquencies: Mayor Kingsford, this is to inform you in writing, if you choose to, you have the right to a pre-termination hearing before the Mayor and 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 delin- quent. You may retain Counsel. Is there anyone in the audience who wishes a hearing? There was no response. Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be tuned off on December 10, 1985. In order to have their water turned back on, there will be an additional $10.00 fee. They are hereby informed that they may appeal or have the decision of the City review- ed by the Fourth Judicial District Court, pursuant to Idaho ;:ode. 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 amount to $ 6,668.05: Item #7: Approve the Bills: The Motion was made by Myers and seconded by Tolsma to approve the bills: Motion Carried: All Yea: Department Reports: Chief Porter: .Both of the bids received on the Police Car meet the spec- ification and would recommend accepting low bid by Meridian Ford: The Motion was made by Giesler and seconded by Myers to accept the bid by Meridian Ford for new police car in the amount of $10,106.00: Motion Carried: All Yea: Mayor. Kingsford, for the record, the Meridian Merchants Association who is the sponsor of the parade and after consulting with them and the Cherry Plaza Merchants it was their decision not to have the parade because of inconvience of the spectators and saftey. It was not the decision of the City of Meridian. Tolsma, I have received several complaints about snow being plowed and. piled in front of other residents driveways and homes. and blocking those who are not having snow plowed. They would like to have this practice ceased. Being no further business to come before the Council the Motion was made by Myers and seconded by Tolsma to adjourn at 8:15 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) MERIDIAN CITY COUNCIL • DECEMBER 2,-1985 PAGE # 5: TEST: JACK NT~MANN,~ CITY CLERK pc:/Mayor & Counoil ,_/ P & Commission Atty, Eng, Ward, Fire, Police, Stuart, Mitich, Kiebert, Hallett Valley News, Statesman ACHD, ACZ, ACC, CDH, NIMD., BRA • APPROVED: GRANT KINGSFO , YOR File (3) Mail (3) .. ~"- .r _ ~ _. ~ ~ ,-, ~ - ~.~ ~ ~~ ~ '}:. ' n '~ ~. v .. ~ ~ .. ,. ,. ,... ~ - aRn~NAN~$ No - .. :. :, ~ . s - ~ - ,. _: _.. ~ ;.. ` .. T~t~`FsLING 'TRIJS"~' ~7~, A1J~1'8~A'~41~ ,;, _ °s_ -h _£-- ~ ~, _" ~ ' ~ „ .. J l~'$R~''X ~~ ~~" AN ORfl;iNANCE ANNEAi'NG -AND ~ Z®iJI= CE'1tTAIp ~+ ti r - ~.,, / DL&CR~$ND- ; A~ A ~ PARfi QF :THE '3QUT$WEST QU1~FtTL~;y ~f~t`~'~' ~,$,~ ° ,. . .,t - T`C$gIP' 3 I+'F4R2H,~. ; RANG$ I BAST, $(1Z~~-b#~3trQ3'r . A ~~, ~: . _. .r ,~, ~~ ,. . . IDAHO",• :AND P~CO`tID~NG A~+1 ~EEF~~'t~: DAB`S. ~ '' . . .... ,, ~~ ~, ? ' . NHBR~AS, th8 ~ify 4uhcil _ -ate , ttiEee l~tya~. of t~ C3.~~ of < .~. :~. -.. , . -y ~-' . - ,.. , Meridian have C©nc~.t~~ted that it is is the ~#~rsst ~ntere_-d~~~a~d s City to annex to- ~~he said City re,ai ~rop~rty 'W~cb ,f~ ~ hs~iyr-i,~ <,.. ~, . - deacribeds - . _ 1` .. ,. TERTE~ING- -TRt~aT ~7 . ` .: .. , ` ,, :; Beginning at the- south ;I~!4• corner. o~~ Sec;.. ~l$, T: 3N. Rt. , ~E.,~. ... , - -} . . $,M., a bxtiu~e ; cs~x i;n .a cwncrete post, .~~ Ate. Courrt~~' Idt~i~;,~ :,.. . . -~ nce '~ 89°42'.-~~"' ~ 685.~3~~, ~f~eet aloes the ,~o~t~-ea 4f~ tlae ;- the SW i/4 of~ Section 1$, T. 3N.,. R~.lE., Bid. to a_:~s~` .:p~~i _`;' ., - . REAL... P©I -C3F BEGINNING= -. _, ` th®nc~y;~i 4°~5' .7~;.' N.~Q7-x..419 feet tQ-~a~~rratis °c~r~,a 1~.;'n~i~i ,. . ~ ., R f , t r~ ~ ro' 4. . .. . - ~ ., .. ~ r ' ~ . r , ~ ~. the~tice .N 89° 17' 03" 1~ 47$..0, feet along the mouth" 8t~$~. ~~ ~ ' Jl # t 1 F'r Y 4 ~ - - ' Y f L ~ ,~,y~ l~Ci1iG9*ON .. ~ v h,+},n. 1 c ~ ~ ~ ~ ~ 7 `, ~' ~S tN ~7f ` .. .,. ., - ~. -. ~ , .. AtfOfllLYi Nfld. .. - ~ 1-~ ~ ~ F ' ~~ f ~, ~lhrlfp~n~ly~fW a ~ . .. - ~.. . . TN~pR~onttldFM~t ~- t `; ,~ . .. ,.. ... •a sad _..iz-r. , ... .-~_ r : t ". .. , , :> ~ ,, ,~ ,. , ` ~' • z .. , ,- ,} .< " , .. .. 3 /~ r~ ~ ~ ~ ..f /JyA 9 p ~ ~ r " ~ , s~ of .way of ~ntez$t'ste' Highway S~ 'tQ .'`a ~ brass ~s~,..,~n r~g ~ , ~._ . , ~~ ' , *` fiG~nCr~te postf '~ , " k ~ti th~nc~~` -7"2~~~~ ~.~,"` E 42.52 feet along the south` ~.de =c~f" ~afc~ y~ ~ ...~,+'fi{ ~ ''.d1 G' bKa" $ ~ 'r, ~' .e ~ .~. ~~~~ ,Ey,i }.. ., : .. ,. .. _. *J J` right of way to~ a brass cap" .n"a" conbrete post;. .i. M `~ ~~~ r> u ,a w ~ ~en~e= ~S~ ~y9~~34' 12" `~E 1t~Q.OQ' feet Continuing ~~a].anq the:~.aq~~h~,~i~~~ ' o~ said right of way""to a brass cap in a •=concrete,;post; , thence . N b8°" " 3~' 4.3" E 53.8:5~ ~~eet a brass cap in a„concrete post .. . t ,; .. . 4 : ,. " ~on''. said right o~ "way liner"...~ ~ ". ~ , ~ " . . f- ~ thence S 8.9° ~~' i2",, E.' 12.0 £eet to a brass cap fa a, conota pQSt .` ', ~ . .. .. _ = - ~a , ~, ;., on" ;said righ"t of why .Tine ~. r , _ ~ ~", -" ,.~ :thence S 0•° 30''" i~7" W ~D83.75 feet along the t centerl'3,ge' ~ "'sai,ci,: Section 18 to ~T~I~ KSAL POINT 4~': BEG~DiN1~1G. . . .. .: N4W,, THEREf'flRE ~ B$ ~"i* ' ` - ORIlAINSD Hr THE 3 MAYOR ~ ..Ab~D THB' ~.4~13'Y .. " z COUNCIL OF .THE.: C~TY~ O!` ~MLRIDIAN,, _ADA CCONTY~,~ ~IT9AHQ:"" ~. ~:,,~., x . '" ': .: .. Section L:" ghat. the above described and ~e~ear,.enc ."r®ai., pYOperty is , herby' an"Hexed. to the"'City..©f Meridian;' end $t~uYi'".~ - -~ - zoned as folow~s: G-G General Reta~.-1 snd ~ervi.ce Com~ae~'~t1.~ y ~P~. .. .- ' Section 2 s That ' this. Ordinance does ~ snot - supe~reede ~t ta+e . record, parti"C~t~larly the Findings of 'Fact atnd ~:eoz~el~~tiati~s,~ " " .._pertainif~g to ~t#~~.s annexation, ~ but said -r~oQrd is mate ~=s`~~art " ^ hereof by this ~re~fe~:ence~ and -i.~ncorpoarated herein. Section, 3.: ""fiat the ,City Clerk sha~;l cause ; ©a~-:r~~'~." ~qpy q:f ~ ; the legal desc~Spton aAd map ' ~ Which s'hal],",,=piai-n°" ~b~ _ o~~~, ~ - designate the boundaries of said:'propert~-; ts~; be f1~d~ ~i;`th~Y~he. AMBRO6E, PinaeAUa .: - , -,. Ada County Recorder, ;Ada County Assessor", and th8 3tat~ ~ ;Tit a ceoaxsrca ; " Agombyb ab. , COUnNIfN~ 2 !i .. PA. Bqx 427 ,, ~~' Maidl~n, M4bo 62!42 , . ' , - .- ,. .. ,; ' ., , '"16NpIWn6A~644~1 _,_ tom ." ' •- ~ ; , , ~. ~ , , :;; _- _ _ _ . , . v Y _ ~, .. ~ y J - . S _ - ~- .. y "~ E rt ~ ~ - ~ N ... ~ ~, ` ~' k ~ ~F ,.. +~ ~ G ~ ~ fir ! r ~ .- 5 , r ti~*,~y~, 4 . ~ ~ F {? Commission ,ai'thin : teb 418> days f~rl,~owgg the ,:+~ec~~r~..,:t~~. "', - thi$ ~~~ Qrdz"n~~iee. ' r • 'Section 4. Th~r.e being` ~an.. ~em~ergency, ~ ~vrhiCh ~ ~~;-b ~ " .., -- .. _ r / hereby: 'dec3ar~d, tcr. °-,exi.at, .ti~:it$ b~8°fn~nce shal:2'~;he `~~r~~~3 gp~r~e~: - . and.~effact fraun_anti°" after ti~ ~ ty<~ ~ J } ~ ? r . ~ .. , . ~{. as requi.~ecl by ~l~w.: '' - ~ s ~ - . ~ ,_ PASB~'D~ by .the. EitX .C®un"ci~i. `-~-.1~prav~d,:b~ `the I~ay.a~~` ~he.~ t, . City o~ Merid.ian.., ~icla `Cou~at~yr Idaho,` thi;~.~~,~"~ ~'-~ta~', al ~'+'-~ . - .. ,. .: .. ~. ,~ 5 `` . ~Y ' .. ~ .198 . _ ~ ~ - . ~. . ? Y r J _ -. r - 4 . ., .' -, •z .. a , Li l A \©Y~ ' i 1 ~ . i l , ~ a" ~y ~. r ~ - " -- - - - - -.r`~ .a . " • , . y , ,. ,. ,~ ., > ~- ~~ . , ~ ti - ?, ie ' 1 - 't _ ~~ ~ r'~;' .Y.. ~~, .~ ' ~ f ~r 'T iC '3E R T~ E ~ , J NIEMANN ~. :.~. ~ i $$ s -~ - ..3~ ! < Y ~ 1 ~ sA E~ ~~~ ~~~ ~Wr~ j - ~ 6Ya '~ ~~h ~~ ~ ,. ~~ { :5 ,- ., - ~ ~ Y ~y~s ~'~ ~ 4~ ." ~C-' ;a9 sX. T'- t - " v - ~~ l ..^.~ ~~~ .. .. , _ ` ~ ~~ -' -. - .. .-,. . _ ~~ ,~, .:-, .. _ . ~ . ~, . STATE ~ ~' ~ ~.DAHO, ~) ~ ~ - - . , ,•_ County ;off .Ada,.., 1 ;, ' .. 5 z, SAe~ NI~:MANN, :e~ty. Clerk ©f . ttie city5 ~m€ ;~-~~~raE-~~a - Co~r~~y* Idaho, ° do .he~eb~ ee~tif~, that :the ~a~bvve and' f~prei.nc,~. i~ a 'tr°ue, dull and -- a4rre~c°~ copy. o£~`~=fin Or-d~~ce,. ept~t~ *AN .~'ONIDiG CERTAIN , MEAL ~ ~&4PT~~` ~ ~~ • - ~$ ,~~ Oi~.DI~i`~,NCE .ANNE7CING AND , . . , P1RRT ~O~" SHE 30~~5~: ~!~ER., S :~.~i. ~ DE:YC~88D AS A °f , ~'~Y.r , TOWN~•8P 3 .. N©RTAr RANGE 1 EAST, 1~ISB--MB#DIAI~, ~i~` °'. .t , IDAHO'f ANA PI~QVZI~ING AN -~FF'EGTIVE I~ATN", ~si~~~d 15~~'QL'd:i~ll~~e~ lb. . ` b ~ `the Ci`:ty` Ccz~[izc~-1 ~hd -~Ea~ar- r~~ tl~'' t#.t~-~.~'~ ~> Me:~'3.t'~~. an r . +r~xi : tk~e t~81'xt Og . • .~;,,' ` ~ . , 1;}~5 DATEII t-his ~, dar:~ o~:•-~G~'C~-~bsc~ . ~~i9~~ ~~.~.,r r .. ;;; :- C ~ ~ ~ ~' t `~~F a; - der , J~'1~~,, 'A ati:tn~y, ~~XD. - r,. , . , .. -. ;. `" ,. ,. ., Y -STATE `'flF IQAH©,' } - . j County of Ada ~ 3 ., ; ~ a :: s ,~., - On this day o~ .~, _ ~ ~.~- b~~e ~`me, the ~ unt~ersigA.ed; R.a • Notary , Pu :.: ~t in ~x g Qx> the s~c~8 _~t~i`t~~ . _ . : appeared JACK ll~il~ii~;..:known ~a:-< m~ tt~- bfi~._. =~:~e~t? =--~ p~rsonal~y > . ar~bed h~.-s ..name ~o ` the`= within aid; ~~;~,`: ~nrent, wha aubsC _ .F ,. and ~cknowladged , to~ ' . ~th~~t ~- he .. e~e~~ed ~t~~ ;~.~' ~ . _ , ~ :~ I~N. W~~`I+fLS$-~~~WAER~~':,~ x~ h8~~ .hei~untp •~sek~~~~'mg. ,ham' •:a~9G-}~if~~~~dld ~~n affi.ciai se~~l the;'day aad y~a~ a: this caar~i~~ca~~ °F~,ir~t 'above written:. <x-_~ ~~ ~ `a~ ' a Notary ~ Pu ~ fide SFAL •, .. , t - ~ ,' 2~I d~. ^; Jt Sys--: ~ . ~M ~ ,u~'. ~ ~ ~ j ` ~ ~ ~ ~ ~ { ~A ' - L . 1` i` R , ~ ., s ,. ,yi ~ +;el+ ~Laa~` 1A rl .y:H:a, v 4 - - ' , - ~ 1 qty { l f . ~ ~ ~ `~ AMBR08E, f ~ ` R i , ~ z 2 f~ . ` ., <„a :c. +' J~IFA~ lwvl ~ .. r ~ ~ ~ ~ ~ ~ r~. FIT#t9EAA~D c, CROOK$TON ~ ~" ~ ~ ~ ; ~ }~4 -~. aR f T t d . ~ ' r ~ $ ~ ~ # tDCl7 l~ i Nld ..~ ~ ~~}y :tx - ryr ~ D •.' . ~ ! ~ i4 .d . `. -'~ ~ L ~!~ H ~ y ~ ~L' ~ P.O. ~Ofc 427 ti96~Z lrr--'"P"' ~ ~ .~ . ;~ - , -t: k TeNpMon~ b6Qibt - .. • •. t i ~ e ,~ ~ o m I ,. ~ J i ' ~ aND ~ I a o ~ ~ 1 ~ c ~ .~ +• 1 .. Q 1 ~ ` ~ ~ . .v ~ N C ~ ~C ~ ~" ~ .~ ~ o ma ~ ~ ~ ~ ~ `~ .- ..~ ~ II ~ ~ ~ ~ ~ ~ ~ A W ~ ~ N T ~ ~ ~ ~ } o O ~ ~ ~ I ~ ~ •- d a i ~ .~ D. X T ~ U 1 1 i ~' ~ ~ ~ A ~ ~ ~ i Q ~ ~ Fp a ~ I O ~~ ~ ,~ rn T ` I I ~~~_ o ~ ao a ~- p ~ c a 0 N O O IC~p aad ~uo~ • • MEMORANDUM TO: AIR QUALITY BOARD FROM.: M. TWITCHELL, DIRECTOR of OPERATIONS DATE: 19 November 1985 RE: FLEET DATA OPERATIONAL UPDATE COMPLIANCE AUGUST 1984 - Oct. 1985 .................... 94.0 PASS FIRST TEST PERCENTAGE ............................ 90.6 ADJUSTMENT REQUIRED PERCENTAGE ........................ 9.4 INSPECTION COST AVERAGE ............................... ~ 9.66 CURRENT ADJUSTMENT COST AVERAGE ....................... ~ 1.33 PERCENT OF VEHICLES WAIVED ............................ < 0.5% PERCENT OF VEHICLES WITH NO REDUCTION IN CO AFTER ADJUSTMENT ..........:................... < 0.1% rntr~i ropy ~p~~pclt. ts:t • AMBROSE, FITZGERALD &CROOKSTON Altorneys~and Counselors P.O. Box 127 Meridian, Idaho 83842 Talephone8881481 BEFORE THE CTTY COUNCIL OF THE CITY OF MERIDIAN APPLICATION OF KENT BARNEY FOR A VARIANCE The above entitled variance request having come on for consideration on November 4, 1985, at approximately 7:30 o'clock p.m, on said date., at the Meridian City Hall, 728 Meridian 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 November 4, 1985, the first publication of which was fifteen C15) days prior to sand hearing; that the matter was duly considered at the November 4, 1985 hearing; that copies of all notices were available to newspaper, radio and television stations.. - f V 2.. That the notice of publ.i;c hearing is required to be sent to property owners within 300 feet of the external ~oundaries~of~ the land being considered pursuant to 11-9-612, 11-2-4.15 E and 11-2-419 D of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has' been met. :. • • AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P:O. Box 127 Meridian, Idaho 83842 Telephone 888.1481 3: That the Ordinances of the City of Meridian, 11-9-606 B 13 require that streetlights shall be installed throughout all subdivisions and said cited ordinance sets forth the standards and specifications for said streetlights.. 4. That the Applicant has requested that he not be required to install streetlights in Cherry Lane: by the Lake No. 2 Subdivision and has thus requested a variance from Section 11-9-606 B .13'. 5. The Cherry Lane By The Lake No: 2 is adjacent to Cherry Lane By The Lake and Cherry Lane Village; that those subdivisions .were developed when streetlighting was not a requirement for -subdivisions; that the Cherry Lane Village covenants and restrictions require that each lot have an outdoor yard light that is adjacent to the road in front of the house located on the lot. 6. That the Applicant bases his request for a variance on continuing uniform development throughout the Cherry Lane Village area which at one time was under the control of one developer and ~a single concept plan was approved. 7... That if the variance were granted and after development was -completed the resi.dent•s of Cherry Lane by the Lake No. 2 wanted` stree~tlights~ the cost of installing them could not be placed on the, Applicant; that it would be the cost of the r re"s'dent~s" or the City; that the City does not have funds to install streetlights. • • AMBROSE, FITZGERALO &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlen, Idaho 83842 Telephohe 888~M81 8. That the yard lights proposed as a substitute for ~. streetlights do provide lighting but not as bright as streetlights and maintenance of the yard lights is unenforceable by the City. 9. That _th_e testimony at th.e public hearing was not unfavorable to the granting of the variance. 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 property. 2. That the City has- authority to grant variances pursuant to Section 11-2-419 a.nd 11-9-612 of the Zoning Ordinance. 3,. That th.e 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 proceed'ings,;.`those of the Commission, governments statutes, ordinances,.,. and policies,. and of actual conditions existing s wi hn the ' C y and the ~ State 5., That ,there are special circumstances and conditions affecting the ~praperty and the area such that the strict application bf the provisions of the Zoning Ordinance would be II AMBROSE, FITZGERALD 8 CROOKSTON Attorneys ahd Counaelora P.O. Box 427 Merldlan, Idaho_ .88842 Telephone BBB~M81 • • impracticable and unreasonable. 6:~. That,` strict compliance with the requirement that ,Applicant install streetlights would result. in a loss of uniformity ~`to~ the area which would not be the result of actions by-,the Applicant. 7. That the granting of the variance will not be detrimental to the publi.c's welfare or injurious to other property in the axea where the Applicant's property is located, provided-the requirements set forth hereinafter are met. 8. That the variance will not have the effect of altering the interest and purpose of the Zoning Ordinance and of the Meridian Comprehensive Plan and will likely further their goals. 9. That this Applicant shall submit Restrictive Covenants to the City which require that each lot owner install a yard light of uniform standards, design and' specifications, and that -the yard lights be controlled, i.e., off and on, by a photo electric cell so that it comes on and shuts off automatically and that each lot owner shall be required to immediately replace, burned-out light bulbs and 'any defective equipment in or pertaining to the yard light which causes the yard light not to function and be on during night hours; 10. That the Restrictive Covenants shall also require that in the event the residents. of Cherry Lane By the Lake No. 2 desire to have streetlights installed within the subdivision that the cost thereof shall be the responsibility of the lot owners, s`~ • • 'and that each lot could be assessed for its proportional cost of installing streetlights if the majority of lo.t owners so elect. 11. That this variance. shall apply to the land and shall' not be transfered to another .parcel of property or to another 'individual but shall not be effective until the Applicant's restrictive covenants have been approved by the City Council and have been recorded. APPROVAL OF FINDINGS OF FACT'AND CONCLUSIONS ,; The City Council of the City of Meridian hereby adopts and approves these Findings of Fact-and Conclusions. ROLL CALL: Councilman Geisler Voted_~~ ~, Councilman Myers Voted. C_q , Councilman Tolsma Voted ~o~ Councilman Brewer Voted ~Q~i'• w Mayor Kingsford ,_ (Tie Breaker) Voted ".AP,PRQVED:~l~. eq ~ DISAPPROVED: ` . ,~; a, AMBROSE, FITZGERALD BCROOKSTON Attorneys and COUnselore P.O: Box 127 Meridlen, Idaho 83842 Telephohe 88BJ481 ~ - _- _ ~ 1. . 1 - -~~ :~:. . _ _ .__ .._. l - .~_ -- -----a.-- .-- - -- - - - ~,. -~. so ~ ._~__ - : _~. ___ _ ~ __ ~ ._ ..- . - - .- - .- - -.-~~ ~- ~, _ _ ~~ - .. s _ _ ~ - . .rte. •. - ~_ dJ,r¢~ - ~~ _ . ; ..,,t^-~.._ ~ .. ~.. _ r ~._ ~ -. -_ _ ..,,. - .~,.., ~ ~s~.' ~ ~~~• t~Jr ~ ~ _~^~~~ • ~1~~%9~'~'--- ~ i9 ~ _ ~ ~ • ter. _ ~ _ _ . .. l.-.. ~_... __ ~ _ , _- _ _ _ } f-. .. ._ tfi J :i _ ._._. `. ~~ t*.^-'s;-n.? ~-.Y~ i ~-s y <-~''^' .,.... ., - ,•_ _ _ ~.-~---: ~ -.y4 w.- ~ , . ",. f ~. 'h r .. - _ - ,2 _. .. , , - _,.~~ ~~ a - ~ .. 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