Loading...
HomeMy WebLinkAbout03-404 Solid Waste Franchise Moratorium RESOLUTION NO. () 3 - 4£;4- BY: ~ì( ¡</atj A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A MORATORIUM UNTIL SEPTEMBER 1, 2003 FOR THE ISSUING OF ANY NEW SOLID WASTE FRANCHISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. § 50- 302] to establish resolutions not inconsistent with the laws ofthe state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a moratorium until September 1, 2003 on the issuing of any new franchises for the City of Meridian. This moratorium would provide for amendments to the Meridian City Code Ordinance to set out standards applicants for franchises must meet in order to be able to obtain a franchise in the City of Meridian, and to adequately protect the health, safety and welfare of citizens of the City of Meridian. WHEREAS, the moratorium is necessary pursuant to the status quo while regulations are promulgated. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code §50-301 et seq., the Mayor and City Council hereby adopt the moratorium on the issuing of solid waste franchises until September 1, 2003 for the City of Meridian. A copy of this Resolution shall be held on file in the office ofthe City Clerk. RESOLUTION FOR MORATORTIJM ON SOLID WASTE FRANCHISES FOR THE CITY OF MERIDIAN PAGE 1 OF 2 SECTION 2: Any applications for solid waste franchises received after the date of this Resolution shall be subject to whatever ordinances, resolutions or regulations are adopted by the Meridian City Council during the moratorium. SECTION 3: Any person aggrieved by the moratorium may request, in writing, a public haring on whether the moratorium should continue, which hearing shall be held within 30 days after such request is received. The bases for terminating the moratorium must be set forth in the request. SECTION 4: The moratorium may be tenninated prior to the September 1, 2003 date if a resolution is adopted by the City Council. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and /l7.tlt-' ~7~ ,2003. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2771 day of ~ ' 2003. - . APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z 7 ~ day of nz a.:;- , 2003. - effect on ~ Mayor Robert D. Corrie ATTEST: RESOLUTION FOR MORATORIUM ON SOLID WASTE FRANCHISES FOR THE CITY OF MERIDIAN PAGE 2 OF 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City.Çlerkofthis City, I am the custodian of its records and minutes and do hereby certify that on the.2:1!!! day of /llzaf' ' 2003, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A MORATORIUM UNTIL SEPTEMBER 1, 2003 FOR THE ISSUING OF ANY NEW SOLID WASTE FRANCHISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. § 50- 302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a moratorium until September 1, 2003 on the issuing of any new franchises for the City of Meridian. This moratorium would provide for amendments to the Meridian City Code Ordinance to set out standards applicants for franchises must meet in order to be able to obtain a franchise in the City of Meridian, and to adequately protect the health, safety and welfare of citizens ofthe City of Meridian. WHEREAS, the moratorium is necessary pursuant to the status quo while regulations are promulgated. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code §50-30l et seq., the Mayor and City Council hereby adopt the moratorium on the issuing of solid waste franchises until September 1, 2003 for the City of Meridian. A copy of this Resolution shall be held on file in the office of the City Clerk. CERTIFICATE OF CLERK PAGE 1 OF 2 SECTION 2: Any applications for solid waste franchises received after the date of this Resolution shall be subject to whatever ordinances, resolutions or regulations are adopted by the Meridian City Council during the moratorium. SECTION 3: Any person aggrieved by the moratorium may request, in writing, a public haring on whether the moratorium should continue, which hearing shall be held within 30 days after such request is received. The bases for tenninating the moratorium must be set forth in the request. SECTION 4: The moratorium may be tenninated prior to the September 1, 2003 date if a resolution is adopted by the City Council. effect on SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and /'hay. :27 ~ , 2003. : ss: STATE OF IDAHO, County of Ada. ) On this ¿21...('dayof VY'L{)..g., , 2003, before me, a Notary Public, appeared WILLIAM G. BERG. JR., lmown or ident! led to me, to be the City Clerk, respectively, of the City of Meridian, Idaho, that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City of Meridian. SEAL) ...."N'ลก--. ..~9-----'-!'iJ.. _~~-;"OT~;"'&. -"', .... ';....~ - , \ . : I : : ';0.\ ¡.: .. J", c!'[}:m.,\c'~i.°. . .f1i;.:.----';<;?".... .-."l:IOf! "'-.. -...... g~SyyU'~ Notary Public for Idaho Residence: Ad CL~¿~ ~da.l¿D Commission Expires: '1- Z -~ Z:\WorklM\MeridianlMeridian 15J60M\Resolutions City Hall\200J\CERT ofCLK Moratorium on Solid Waste Franichises 05 2J OJ.doc CERTIFICATE OF CLERK PAGE 2 OF 2 Meridian City Pre-Councll Meeting May 20, 2003 Page 17of19 De Weerd: Okay thank you Doug. Item 7. Executive Session per Idaho Code §67-2345(1)(b) and (c): De Weerd: Council before we move to six do we want to consider our Executive Session at the end of our Regular Agenda? Bird: Madam President I would vote to do that. Nary: I think that's fine. De Weerd: Okay. Item 6. Discussion of Solid Waste Franchise Issues: De Weerd: Item Number 6 discussion of the Solid Waste Franchise Issues. Mr. Nichols. Nichols: Madam President, Members of the Council I distributed to you I think it was two weeks ago a copy of a recent Supreme Court case that deals with franchises on solid waste disposal. That case calls into question the exclusivity of a franchise. Our current ordinance doesn't say specifically that franchises are exclusive. The issue comes up how do you deal with someone if they come and they apply for a franchise for solid waste disposal. The court opinion does give or affirm the cities authority to maintain standards and regulate the disposal of solid waste. What I would recommend that the Council do is to consider imposing a moratorium for 68 to 90 days as far as issuing any new franchises. During that period of time that staff develop a proposed ordinance changes that would set out the standards that any franchisee would have to meet in order to obtain a franchise. That way we can ensure that everything is done the way it should be and that the city has some control over how solid waste is picked up and disposed of out of the city. That it's done in the right manner at the right times and you don't have 15 different trash haulers picking different days of the week to haul up and down the same street and those sorts of things. De Weerd: Thank you. I think also we would require in this franchise contract or agreement certain things that are not spelled out in our ordinance. It would be beneficial if we did spend some time with that and examine what all we need to do. Any comments? Nary: Madam President. De Weerd: Mr. Nary. Meridian City Pre-Council Meeting May 20, 2003 Page 18 of 19 Nary: Mr. Nichols do you feel that I guess by resolution of the Council or something we could simply impose a moratorium as you suggest or do we need to have a Public Hearing? Right now, we're not having anybody come in and asking to - in light of that decision coming and asking to do this. Do you think we simply can just impose that? Nichols: Councilman Nary that's a great question and I'm not sure of the answer to it other than I think that there's some plenary authority on the part of the Council to say in order to regulate things if we decide we're going to - we can basically freeze the status quo while we can develop ordinances or regulations. Certainly there's a parallel under the land Use Planning Act but I didn't look at that one to see if it requires a Public Hearing before you impose a moratorium. I think in that one it's also limited to a certain period of time and it seems to me the 90 days was the max or maybe 180 in that case. I was trying to figure a time period where we could get it done but it was still short enough that it wouldn't create any problems. Nary: Yes. I think I mean there are two different kinds in the land Use Planning Act. One is an emergency, one is based on a plan, and it just uses the term plan it doesn't tell you I assume it's a Comprehensive Plan it doesn't say specifically. Both require a hearing I mean you can declare it by resolution you then have to set a hearing within a certain time period to allow comment before you actually impose it from that day forward for whatever the number of days that are allowed. This is kind of unique because we don't really have - it doesn't specifically prohibit general moratoriums it doesn't specifically grant such a thing. I guess that's fine. We probably might want to do it by resolution at least and maybe do it by resolution that will allow it with some public to participate if they want to. Someone could be here and ask to speak on it then at least we would have some way to appoint to a (inaudible) if someone were to try to impose some sort of referable believe that that was a reasonable - you have someway to show it at least we try to consider that. That might be a better way to deal with it. De Weerd: Would two weeks for a resolution to be placed on the agenda be a timeframe that is reasonable. Nary: That seems reasonable. De Weerd: Mr. Attomey if we could have a resolution to that matter in two weeks. Sharon if you can make note of that for the agenda. Okay well we will go ahead and move Item Number 7 to the end of our Regular Agenda. I would entertain a motion to adjourn the Pre-Council Meeting. McCandless: So moved. Nary: Second.