Loading...
HomeMy WebLinkAbout1989 05-16• • AMENDED A G E N D A MERIDIAN CITY COUNCIL MAY 16, 1989 ITEM: MINUTES OF THE PREVIOUS MEETING HELD MAY 2, 1989: (APPROVID 1. PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PERMIT BY DEBI CAVANAUGH FOR DAY CARE: (APPROVED) 2. REQUEST BY CORTLAND WALKER TO PLACE SHAVED ICE SHACK ON SOUTHEAST CORNER OF HEPPER PROPERTY AT THE NORTH CURVE. (APPROVED) 3. ORDINANCE # 507: PARKING ORDINANCE POSTPONED AT LAST MEETING:(FIRST READING) 4. ORDINANCE # 508: AMENDMENT TO ABANDONED VEHICLE & PERSONAL PROPERTY ORDINANCE: (FIRST READING) 5. ORDINANCE # 509: OPEN CONTAINER ORDINANCE: (FIRST READING) 6. ORDINANCE # 510: AMENDMENT TO OFFENSIVE OR NOXIOUS WEED ORDINANCE: (FIRST READING) 7. ORDINANCE # 511: IRRIGATION AND DRAINAGE CANALS AND DITCHES; MAINTENANCE" (FIRST READING) 8. DEPARTMENT REPORTS: • MERIDIAN CITY COUNCIL MAY 16, 1989 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, Walt Morrow, Grant Kingsford: Others Present: Kevin Robertson, Debi Cavanaugh, Wayne Skiver, Moe & Helen Alidjani, Jim Johnson, Paul Stutzman, Gary Smith, Wayne Crookston, K. Buemeler, Colleen LeMay, Cortland Walker; Jack Niemann: The Motion was made by Myers and seconded by Tolsma to approve the Minutes of the previous meeting held May 2, 1989 as written: Motion Carried: All Yea: Mayor Kingsford: We have a presentation to make before we start with Item #l, I would ask Kevin Robertson to come forward. Robertson: As acting Chief of the Meridian Police Department I would like to present one of our Officers with an Accomodation. Robertson read a letter explaining what had taken place then presented Officer Gene Trakel with an Accomodation Certificate. Giesler: We also have a gift certificate for you and we are very proud of your actions. Mayor Kingsford: Item #l: Application for Conditional Use Permit by Debi Cavanaugh for Day Care: At this time I will open the Public Hearing, is there anyone from the audience who wishes to testify? There was no response. Kingsford closed the Public Hearing. If there are no questions from the Council then I would entertain a motion to approve the Findings & Facts. Myers made a motion to approve the Findings and Facts and Conclusions of Law on Debi Cavanaughs application for Day Care, Tolsma seconded the motion. Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: Myers made a Motion to allow the Conditional Use Permit for Debi Cavanaugh and Tolsma second it. Motion Carried: All Yea: Item #2: Request by Cortland Walker to place shaved ice shack on southeast corner of Hepper property at the North curve. Would you come forward Mr. Walker and address Council with regard with what you plan to do. Walker: With the Council's approval I want to place a shaved ice shack at the corner of the Hepper property accross from where Don's Market used to be. That is all I will sell is shaved ice. I will have a permit from the District Health Department before I open it. I will be there from next weekend until Labor Day Weekend. Kingsford: I assume that you have Mr. Heppers approval. Walker: Yes, he said that is no problem. • N~DIAN CP.IY D~II, MAY 16, 1989 PAGE #2 • Kingsford: We should have something in writing from Mr. Hepper to keep on file. Any questions from the Council? Tolsma: Will it be out of the site triangle, so people coming up to the corner won't have to look around the building to pull out on Fairview? Walker: It will be back about twenty feet from the corner. Kingsford: It should be reviewed by the City Engineer or the Police Department. Giesler: Will that be temporary during those times or will that stay there throughout the winter months? Walker: No, I will move it off of the premises. Morrow made the motion and Myers seconded to approve Mr. Walkers Shaved Ice Stand. Motion Carried: All Yea: Item #3: Ordinance #507: Parking Ordinance Postponed at Last Meeting: Mayor Kingsford read Ordinance #507 as an Ordinance of the City of Meridian repealing Chapter 1, Title 10 of the revised and compiled Ordinances of the City of Meridian and re-enacting said Chapter 1, Title 10 to read as set forth herein; and repealing Chapter 3, Title 10 of the revised and compiled Ordinances of the City of Meridian and re-enacting said Chapter 3, Title 10 to read as set forth herein; and to provide an effective date. Myers: I would like to get a copy of this to the merchants on Idaho to have them look at it before we do anything final. Kingsford: Are there any questions from the Council or the Attorney? Crookston: We loose the entire Ordinance that we had dealing with traffic and adopts the State Traffic Code. It also changes the penalty for many of those provisions that used to be a misdemeanor to an infraction.The second part of the Ordinance deals with the Parking Provisions, it also removes the misdemeanor situation and makes it possible to issue a parking citation to a vehicle and makes the owner responsible for payment and if it is not paid then they are issued an infraction citation so it now makes our parking provisions. enforceable. Kingsford: Any questions from the Council? There were none at this time. We will consider this the first reading of this Ordinance. Item #4: Ordinance #508: Amendment to abandoned Vehicle & Personal Property Ordinance: Mayor Kingsford read An Ordinance of the City of Meridian repealing Chapter 18, Title 8, Abandoned, Wrecked or Stolen Vehicles or Personal Property, and re-enacting said Chapter with changes and modifications; and providing an effective date. Does the Council have any questions? MERIDIAN CITY COUNCIL MAY 16, 1989 PAGE #3 Giesler: Mr. Mayor I would like to ask the Sergeant Robertson if he has any or how that looks to him. Have you had a chance to review this? Robertson: In reading through it I don't see any problem with it. Kingsford: Counselor or Kevin how does this work for us in regards to those almost junk yards that some of the residences have on private property? Does this provide us with any kind of enforcement? Crookston: We already had an Abandoned, Wrecked & Stolen Vehicle Ordinance, what this does is specifically to address the provision that you referenced Mayor it allows the City to post either an abandoned, wrecked or inoperative vehicle, it also deals with other personal property that is in a dilapidated condition. If the owner does not respond then the City can go on public or private property and have it removed. If there is a cost involved that may be assessed against the real property on the next tax assess- ment. Robertson: On this thing with the junk vehicles or accumulation of junk on private property are we still going to be in the same position where we need a citizen to sign a complaint. Crookston: No. Kingsford: I have not had a chance to get through these yet but I assume that it would allow us to treat these just like water bills and so on. Any questions of the Council? There were. none. It was decided that this will be the first reading of Ordinance #508. Item #5: Ordinance #509: Open Container Ordinance: Kingsford: An Ordinance of the City of Meridian adopting an Alcoholic Beverage open container law prohibiting the removal of Alcoholic Beverages from a Licensed establishment; and prohibiting the consumption of Alcoholic Beverages in a Motor Vehicle; and providing an effective date. Any questions or comments from the Council? Myers: Do we have anything about what constitutes an establishment, whether that's a business or premises? Crookston: Under this Ordinance the establishment that holds a Beer/Wine or Liquor License either for sale by the drink or package. There was further discussion. Tape on file. Kingsford: Catering Permits will have to be considered in this also. Kevin would you like to speak to the Council with regards to this Ordinance. Robertson: The main thing we are talking about is to remove an open container from=.an establishment. Typically every summer we get alot of complaints about different areas around town where the bars are at and in the summer when it is hot slot of the people buy there drinks and go stand outside to talk and drink. We get alot of complaints about the littering, noise & fights particular at some of the bars. This is a way for~'.us to ha~e~: st~me Cent~oi:-~~e~~-tl~i~~ MERIDIAN CITY COUNCIL • • MAX. 16, 7,989 PGE#4 I do not know haw to address. the question about the Golf Course, like at the Speedway that never been a problem, having an open container inside the speedway has never been a p blem for us. yor Kingsford: Don't a lot of those people though when the races end take those out into Pang' ~,'~? bertson: They do carry it out with then, but again the main thing we have a problem with i' the people gathering outside the various bars, this is when we start getting a lot of e fight calls. yor Kingsford: I guess I have a lot of problem with the selective prosecution of the issue, I see the Alidjani's here we had a very nice evening after the Miss Meridian Pageant, we sat o tside, there were tables set up on the sidewalk and we could have snacks and beverages out e, under this guideline we would not be able to have that sort of thing.-Are there any re questions of the Council? There was no response, we will condiser this the first r ding of this Ordinance: qn #6: Ordinance # 510: Amendment to the Offensive or Noxious Weed Ordinance or Kingsford: An Ordinance of the City of Meridian and amending Chapter 8, Title 9, of :revised and ccBnpiled Ordinances of. the City of Meridian changing the notice requirements a fire hazard nuisance, adding provision for collection of court costs and attorney fees the event suit is brought to enjoin a nuisance, and to further provide for the assessment special levies against property to be collected. with real property taxes in the event the .y abates a declared nuisance; and providing a effective date, Council Members do you have 'comments with regards to Ordinance #510? raw: Basically what Ordinance #510 does, it cleans up our weed Ordinance to allow the City '. aid the spring cleanup campaign, what has happened in the past by the time we have nd cCHnpla;n;ng p~p~ and go through the process it is August and we just do not get ngs cleaned up, what we are attempting to do now is make the ccgnpla;n;ng party the City, that we can start in the spring early, identify the properties that are habitual offenders go through the procedures to see that those properties are cleaned up by about this time h year. What this Ordinance basically does it allows the City to go ahead and clean the ~perty and collect our costs on the proerty tax. or Kingsford: Have you any questions of Counci]man Morrow or the City Attorney? rs: I do not see any problems with this: ,sma: This is going to be a quicker way to get the properties cleaned up? Do we have any blens identi_fing these people who own the property? row: It wi11 be a lot quicker and we have identified these property owners, we are ready start on this program as soon as this Ordinance is passed: or Kingsford: In regards to this Counselor, does this require resistered mailings? nselor: It allows for personal service, if they do not .live within the area then it is istered mail: 'or Kingsford: Any other questions of the Council Members? There were none, we will cider this the first reading of this Ordinance: qn #7: Ordinance.#511: Irrigation & Drainage Canals & Ditches; Maintenance: DIAN CITY COUNCIL • 16, 1989 # ~ Kingsford: An Ordinance of the City of Meridian adopting a new chapter of the d and compiled Ordinances of the City of Meridian dealing with irrigation and ge canals and ditches and maintenance thereof which chapter shall be added to. 9, public ways and property, and shall be known as Chapter 9, irrigation and ge canals and ditches; maintenance and providing an effective date: Council s do you have any ccetanents or questions with regards to Ordinance #511? ty Attorney: I will give the Council a brief stiunnary of this Ordinance, this is a w Ordinance which declares as a public policy and recognizes the historical value water rights in this area and to further those rights recognizes that each property ner who has a ditch or canal or a drainage ditch has a right to receive the water r his benefical purpose, the upstream user has the responibility to maintain the tches that traverse his property, it declares those areas that are not cleaned up time, the property can be posted with a notice to clean the ditch or canal again they don't the City can and go ahead and assess the cost back to the real property was discussion on whether this covered the Irrigation Districts: r Kingsford: Any other discussion, if not, we will consider Ordinance #511 read first time: Kingsford: The next item on the docket which is not on the agenda, the Police meet has provided the Council Menbexs and myself with a revised personell .: Counselor or Sergeant Robertson whichever would like to begin may address n portions of that, It has been discussed that after this meeting maybe a ~g be set up with the two officexs of the police association that were instr~- 1 in drafting this and give us their insight as well. ~selor: Just scene short comments, the Counselor ccnanented on several different s of the proposed manual and suggested scene things be added or changed before manual was adopted. (Tape on File of these ccaanents) was the consensus of the Mayor & Council to meet with the officers from the Police ~ociation and have a workshop on this manual: ~r Kingsford: I have been a little remiss, I should have introduced Colleen LaMay will be representing the Statesman at our meetings: r Kingsford: We have one other itan that we have been asked in regards to the old nnediate school, Mr. Alidjani has had a request by three or four parties to use the for various one time events, I told him I thought there would be no problem with ,, that he would have to meet fire code and that sort of thing, I guess the Fire hall has indicated to you that you would have to close ofd the rest cf the building that type of thing, is there any questions the Council would have? The type of .g we are talking about is class reunion, basketball pratice djani: Basketball pratice on a regular basis, at seasonable-times, like maybe a ple of months in the summer time, Mr. Hal Hatch approached me last year that he 1d like to hold pratice on two days a week basis. There is a lady that would lice rent it for Monday & Wednesday and if it is ok Saturday for two hours at a time for rcise class, I wanted to visit with the Council to see if this. type of use would alright. We would like to be able to utilize that space for several activities that ht happen in the future and it could be ongoing, right naa it is seasonal,, iari the mer time only. Mr. Hatch was talking about every other day for two hours for two to ~ee months. Basically it would be a sports event. Also I have had request from three IAN CITY COUNCIL • • 16, 1989 PGE#6 fferent people for a one time, one day event such as auction or class reunion. I!would like to know how the Council feels about this, I have talked to the Fire ' shall and he told me what needs to be done with that place and I have no problem th that regarding the Fire & Safety Code. rrow: How about the asbestos issue, has that been resolved? A~i_djani: I do not think it has been resolved: Mayor Kingsford: I do not think there is a problen unless they go in and start to do sc~nething, they can still occupy it as long as it is not modified or scanething. A]lidjani: Counci]nan Morrow, what I have is a report of about twenty pages done by the School District, what they were looking at if the building was renodeled. i M~rrow: None of the things you are planning on will constitute remodelling work? Allidjani: No: Myers: I do not see any problem with this: Ms~rrow: Let me ask you this, is there a sprinkler system in this building or this portion y u plan to use? idjani: No, they have fire hoses but I do not think there is any sprinkler system any- wl~ere in the building: Mayor Kingsford: I do not think there are any of the school buildings in the district tY~at have sprinkler systens Mo The type of useage he wants to do, does that fall into a commercial useage, how dthe building code work in a situation like this. Ma~ior Kingsford: The Fire Marshall reviewed it, he said if you had x rnunbers of fire is to the number of capacity, there would not be a problem, Alidjani did address that w the Fire Marshall: Al~idjani: If there were under three hundred people at one time occupied that particular pr' 'ses all I need is two ornnings, one for entrance, one for fire exit. Mo Basically what you are doing is malting that the functioning building evertYiing el a is isolated. Al'djani: The Fire Marshall said after I came before the Council then we needed to go ba~lc and inspect the building and he would tell me what had to be done. Ma or Kingsford: Basically what you are .asking for is to .use it on an individual. type is and if you get into any regular .use it would be your responsibility to cane back to the Council and seek approval for that? A1'djani: Yes: Th Motion was made by Myers and seconded. by Giesler to allow Alidjani to use the gym at, the old inte~rvediate school for the purposes he has stated: i Mo~ion Carried: All Yea; I i MERIDIAN CITY COUNCIL ~ • MAY 16, 7.989 PAGE ~ 7 Department Reports: Morrow: I would like to thank Kathryn for the fine reports in the Valley News for our Fireman & QRU people of the year. Giesler: One thing, last Saturday night at the Golf Course out at Cherry Lane around the pond of the lake a number of ducks were killed, were shot, we just want to let everyone to know that because it was done within the City Limits that our people are working on that and being that they were wild ducks involved the Fish & Gagne is being brought in and we plan on doing whatever it takes to find out who is doing it. Myers: we have a situation from Ada County, they have asked us as far as the hazard ._ waste, would you like to address this Mr. Alidjani? Alidjani: I went to a s~ninar at the landfill last week with all the other garbage haulers and what they are going to do is have a voluntary basis inforniation for all of Ada County and all the Cities in Ada County, this is to inform the residents of scxne of the problems they have with hazardous waste, they have put together a brochure advising what is hazardous waste, they mould like the citizens to separate this material voluntarly and take it to area locate~n the map shown on the back side of this brochure. They have given me twenty seven undyed copies of this brochure and the envelopes to address and give back to them or we have the option to stuff the bills that will be sent out on the first. Mayor Kingsford: If we could get window envelopes that fit our water bills we weld probably do that easier than addressing their envelopes. There was discussion that at the piese~.ttime this was on a voluntary basis but in the future it probably would be mandatory to separate the hazardous material from the other garbage. Being no further business to come before the Council the Motion was made by Myers and sewnded by Tolsma to adjourn at 8:45 p.m.: Moion Carried: All Yea: (TAPE ON FILE OF TH'E`SE P1~fJCEIDINGS) APPROVED: KINGSFORD, O ATTEST: Mayo & Council P Z Mc~nbers At , Eng, Fire, Police VPard, Stuart, Gass, Stutzman Hallett, Valley News, Statesman ACHD, NIl~ID, CDH, ACC, SIRD Mail (2) File (2) DRIVE HAZARDOUS WASTE FROM YOUR HOME. You may not realize it, but you're surrounded by hazard- ous waste. Many items you normally use around your house such as motor oil, cleaners with acids or lye, paint thinner, turpentine, pesticides and herbicides, if not disposed of prop- erly, pose a serious threat to the health of you and your family. But what can you do? Disposal to the sewer is prohibited by law and disposal to the landfill may result in ground- water contamination. Fortunately, Ada County and the City of Boise are holding a FREE Household Hazardous Waste Collection on Saturday, June 10th between gam-4pm at the Public Safety Building, 7200 Barrister (Cole & Barrister, one block east of the Boise Towne Square Mall). See map on reverse side. Just bring in your hazardous household products, preferably in their original containers. Sorry, we cant accept explosives, ammunition, radioactive materials or industrial wastes. This Collection Day is limited to Ada County residents and there's a five gallon limit per automobile. Please transport wastes in a box and be careful not to spill them. Do not mix separate products together. For more information call the State of Idaho, Division of Environmental Quality (Idaho DEQ) at 334-5879. Bring everything to the location below (except the unac- ceptable wastes mentioned above). We'll take the hazard- ous waste off your hands and you'll keep your home from going to waste. FREE HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY JUNE 10, PUBLIC SAFETY BUILDING 9AM-4PM SPONSORED BY ADA COUNTY, BOISE CITY, AND IDAHO DEQ IN COOPERATION WITH GARDEN CITY, MERIDIAN, EAGLE AND KUNA.