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HomeMy WebLinkAbout1990 01-024 A G E N D A MERIDIAN CITY COUNCIL JANUARY 2, 1990 ITEM: OLD BUSINESS: MINUTES OF THE PREVIOUS MEETING HELD DECEMBER 19, 1989: (APPROVED) 1: AUTHORIZE MAYOR & CITY CLERK TO SIGN BARGAIN & SALE DEED ON PROPERTY FOR FUTURE FIRE STATION SITE: (APPROVED) 2: ORDINANCE VIOLATION: CHERRY LANE MOBILE HOME PARK: (DISCUSSION) ITEM: NEW BUSINESS: SWEAR IN NEWLY ELECTED OFFICIALS: 1: AMENDED ORDINANCE #506: (APPROVED) 2: ORDINANCE #523: ANNEXING & ZONING OF SHULTZ PROPERTY: (APPROVED) 3: CONDITIONAL USE PERMIT FOR WILLIAM H. OLSON: (APPROVED) 4: PRE -TERMINATION HEARING WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 5: APPROVE THE BILLS: (APPROVED) DAY CARE ADDED TO AGENDA (DISCUSSION) 6: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL JANUARY 2, 1990 The Regular Meeting of the Meridian City Council was called to order by Grant P. Kingsford at 7:30 p.m.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Walt Morrow: Others Present: Gene Gilbert, Ward Sinsel, K. Beumeler, Mary Louise Navarro, Wayne Crookston, Gary Smith, Moe Alidjani, Bill Gordon, Dale Ownby, Tamara Perkins, Mona Debaran Mack, Bill Berg, Neil & Roma Cartwright, Neil & Inez Hudson, Wayne Skiver, Coleen Le May, Gene Gilbert, Max Yerrington: The Motion was made by Tolsma and seconded by Myers to approve of the Minutes of the previous meeting held December 19, 1989 as written. Motion Carried: All Yea: ITEM #1: AUTHORIZE MAYOR AND CITY CLERK TO SIGN BARGAIN & SALE DEED ON PROPERTY FOR FUTURE FIRE STATION SITE: The Motion was made by Myers and seconded by Morrow to approve the Mayor and City Clerk to sign the Bargain & Sale Deed. Motion Carried: All Yea: ITEM #2: ORDINANCE VIOLATION: CHERRY LANE MOBILE HOME PARK: Morrow: Explained about the meeting held between Mr. Giesler, Mr. Cady and Mr. Morrow. The outcome of the meeting held is that the City will not be charging any building permit fees, electrical hookup fees and we will do inspections at no cost. Mr. Cady will move the Mobile Home for no cost to another lot in this subdivision, that move will occur on January 20,: 1990, this should clear up everything concerning this mobile home. Kingsford: Thanked Mr. Morrow & Mr. Giesler for their time spent working on this issue. Ward Sinsel: Is there going to be any type of compensation other than just the moving. Morrow: There was no fine assessed that I am aware of. Sinsel: In your local newspaperit was stated that there was three fines. Kingsford: But there was no fine. Sinsel: In your Meridian City Ordinance you have an error also it was in the local newspaper that there were three violations. It also states in your city ordinance that he was supposed to be there when the trailer was moved in, secondly the easement or assessment between the places. Kingsford: The agreement that was made was he is going to move her for free and we are going to waive our permit fees. Morrow: She was never assessed any fees, nobody was. Unknown person: Stated that the trailer was to be moved out of the trailer park not moved within his trailer park because he doesn't have a space big enough in there to put that trailer legally. MERIDIAN CITY COUNCIL JANUARY 2, 1990 PAGE #2 Kingsford: Let's go back to committee. Mr. Giesler will you get with Mr. Cady and see if there is a spot big enough, let's get this resolved. Unknown Person: Why isn't Mr. Cady here? He should be addressing or speaking for himself. Kingsford: This wasn't an Agenda Item only to have a report back from the committee. We thought it was a resolved issue, the trailer was going to be moved. Unknown Pecsan: That's between Cady and the City Council, it wasn't giving her any option at all. Kingsford: Presented Walt Morrow with a placque of appreciation for his 7 years of service to the City of Meridian. Tolsma: Presented Mr. Morrow with a flag. SWEAR IN NEWLY ELECTED OFFICIALS: City Clerk Niemann administered the Oath of Office the the newly elected officials. Kingsford: We need to elect a Council President. The Motion was made by M.gers and seconded by Giesler to elect Ron Tolsma as Council President once again. Motion Carried: All Yea: Kingsford: Next we need to make appointments for the next two years. Mr. Yerrington in charge of Sewer Department, Mr. Giesler the Police Department, Mr. Myers the Fire Department and QRU and Mr. Tolsma the Water Department. NEW BUSINESS• ITEM #1: AMENDED ORDINANCE #506: Kingsford: AN ORDINANCE ANNEXING AND zONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE NORTHWEST QUARTER (NW,) OF THE SOUTHWEST QUARTER (SWq) EXCEPTING THE NORTH TWENTY EIGHT (28) ACRES, THEREOF - OF, OF SECTION FIVE (5) TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, IN ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience who wishes Amended Ordinance #506 read in it's entirety? The MOtion was made by Giesler and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 506 be passed and approved. Roll Call Vote: Mr. Yerrington - Yea; Mr. Giesler - Yea; Mr. Myers - Yea; Mr. Tolsma - Yea: Motion Carried: All Yea: ITEM #2: ORDINANCE #523: ANNEXING AND ZONING OF SHULTZ PROPERTY: MERIDIAN CITY COUNCIL JANUARY 2, 1990 PAGE #3 Kingsford: AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE N z N i SEQ SW, SECTION 18 TOWNSHIP 3 N., RANGE 1 E., BM., ADA COUNTY, IDAHO LYING SOUTH OF THE RIGHT OF WAY BOUNDARY OF INTERSTATE I-84 NORTH. ALSO ALL OF THAT PORTION OF INTERSTATE I-84 LYING NORTH OF THE ABOVE DESCRIBED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like Ordinance #523 read in its entirety? There was no response. The Motion was made by Giesler and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 523 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Myers - Yea; Motion Carried: All Yea: ITEM #3: CONDITIONAL USE PERMIT FOR WILLIAM H. OLSON: The Motion was made by Tolsma and seconded by Myers to approve the Conditional Use Permit for William H. Olson: Roll Call Vote: Yerrington - yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM #4: PRE -TERMINATION HEARING WATER/SEWER/TRASH DELINQUENCIES: Kinsford: This is to inform you in writing, if you choose to, you have the right to a pre -determination hearing at 7:30 P.M. 1-2-90 before the Mayor and City 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 delinquent. This service will be discontinued 1-10-90 unless paid in full. Is there anyone present who would like to contest their water, sewer, trash delinquency? No Response. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. 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: Kingsford: The amount past due is $7,761.40. ITEM #5: APPROVE THE BILLS: The Motion was made by Tolsma and seconded by Myers to approve the bills. Motion Carried: All Yea: Kingsford: There will be an additional Agenda Item, I had a group of people contact me this afternoon about an issue that is pending before the City for sometime, both sides of that complaint are present and we will hear testimony from each one. Mary Louise Navarro, 238 W. Washington, our problem is something that all of you are aware MERIDIAN CITY COUNCIL JANUARY 2, 1990 PAGE #4 of and has been going on for many years. We have a residence directly behind us at 255 Cherry Avenue, Tamara Perkins Daycare which is operating without a Daycare License. This Day Care has been operating approximately 7 years in which time we have done everything as friends as trying to be neighbors as trying to be as cordial and trying to work it out so that the trespassing of our property, the noise and the kids coming over to our boundaries and trying to smoke, causing endanger of fire and if they do come over and they get hurt on our property we are liable. We have pleaded, we have now exhausted the advisory directors under you, the police, the City Clerk's office and your attorney have helped and cooperated with us wonderfully and we thank you. Now as you their leaders we are asking that something be done. There is a license that was supposed to be obtained by her, she has had appropriate amount of time to apply for it and she didn't. We have asked her to please be quiet. As citizens we are asking you to please make it so that as this law suit is pended you specifically prohibit the operation of the Day Care. The value of our land of many residences are going down, people do not want to buy because of the noise, the trespassing and the potential legal problems. Also our quality of life has been hindered, our emotions and right next to Tamara Perkins is someone that has a Day Care Center, that for a year acquired the expenses to obtain one. The people that have complied with your licensing procedures will come and ask for their money back if you can't take action on this. The last reason, our friend that is directly behind the Day Care Center has just suffered a stroke and her husband has just got out of the hospital, they need the quiet time. Today, the legal representative of Tammy Perkins her sister Mona Mack intimidated Inez on the phone causing her to be quit upset, she had to take a tranquilizer and this put her health in jeopardy. Mona Mack, 1117 So. Owyhee, I am an attorney by profession and also Tamara's sister. With respect to some of the things that have been mentioned, there are some factual differences that we have. To clarify for the record, in calling today, and I did call Mrs. Hudson to tell her that no matter what the outcome of the operation of this day care facility, whether Tamara no longer operates it or not that Tamara desires to be a good neighbor and with respect to her own children to the extent that there is a problem because Mr. & Mrs. Hudson's back yard does adjoin Tamara's she will be taking measures be it the installation of a fence, right now there is only a chain link, or a head shrub, some additional buffering to try to help the situation and with respect to her own children beyond the consideration of the operation of this day care facility, will be restricting the hours that they are out in the back yard. She will insist that her own children be quiet as she has traditionally. I would like to assure the Council that such was not my purpose what so ever. It is in an effort to disfuse a situation. Tamara did call Mary Navarro once and was hung up on, but otherwise in terms of complaints being made to the police directly, no attempt was made to contact Tamara. The children that Tamara cares for, and she is a State Licenses Day Care Operator, are from ages 8Mo. to 9 years of age. One of the complaints that was filed with the Police did relate to smoking, the police did respond, and the children in the back yard were playing Sunday School and that can be verified via the City's Police Report. The home is located near a grade school, and I don't know if that is causing some of the confusion. Some of the children in the neighborhood are being confused with Tammy's day Care kids. To the legal issue, Tammy is not required to obtain a City License as you all know, but she is required under the current Ordinance to have a conditional use permit before operating a day care facility in this area. In viewing the Ordinance I have counciled that I believe that it is unconstitutional for a number of reasons. I did send a letter to Wayne, the letter detailed the legal challenges to the ordinance and in that letter at that time we suggested resolving this matter by testing the ordinance through a declaratory ruling action, things have progressed to the point where the City is in a MERIDIAN CITY COUNCIL JANUARY 2, 1990 PAGE #5 position that it needs to proceed with an injunction and that opportunity to peaceably resolve the constitutionality of this ordinance. In seeking an injunction I would urge the City to do so. Our one request is that the City not seek a temporary restraining order, if you feel preliminary injunction is necessary seek it, I would like to consolidate that with a final injunction, our one request is because I have to be out of town through Friday is that the City wait until Monday before appearing before court. Tammy has agreed that the children in her care for those few days will not be allowed outside of the home and will not be allowed in the back yard at all. If the City does prevail with respect to this ordinance, Tammy of course will immediately shut down the operation. If you have any questions concerning the day care Tsmmy would certainly be glad to answer them or legal questions I can answer. Giesler: If she does not allow the kids outside is this in any violation of the State Licensing. Mack: No. She is only allowed to have twelve children on the premises when there is one operator. Generally there aren't that many children on the premises at one time. Kingsford: I might comment that this issue has gone on for way to long a period of time, partly as a result of that negotiation between attorneys because it has been the desire of the Council that it get remedied a good deal faster. Navarro: I would like to clarify a few items that were just mentioned by Mona as far as identifing myself as professionally I am an accountant I have a MBA which is a Master's of Business of Administration and my husband is also an accountant and Vice President of Albertson's. I would like to say as Mayor Kingsford has just said that this is a history of almost 7 years, promises have been made before. Also on the issue brought up of adjoining the Hudson's are directly behind this Day Care Center and so is my property and so is the Cartwright's. Bill Berg is directly in front of us and to give you an idea, we have a school yard behind Bill, and as was brought up, we have a school yard right there and they make alot less noise than this Day Care. There is none supervising those kids when they are in the back yard. We just the other day counted fifteen and have counted more than twelve numerous times. I have no recollection of hanging up on Ms. Perkins. I quess its unfortunate to have regular neighbors. We go right back to our specific request that they not be allowed to operate during this litigation. I thank you for your time. Mack: She does only allow 3 to 5 out in the back yard at a time, she does have children in the house as well, the kids are in constant view from the window. ITEM #6: DEPARTMENT REPORTS: Kingsford: Mr. Myers could you meet with the Ada County Commissioners with regard to area of impact negotiations. Myers: Thursday at 3:30 will be fine. Kingsford: We have a Planning & Zoning seat that has expired, we need to make an appoint- ment for that seat. The Motion was made by Myers and seconded by Yerrington to reappoint Moe Alidjani to the Planning & Zoning Commission. Motion Carried: All Yea: MERIDIAN CITY COUNCIL JANUARY 2, 1990 PAGE #6 The Motion was made by Tolsma and seconded by Myers to go into Executive Session with the Attorney to discuss pending litigation at 8:08 P.M.: Motion Carried: All Yea: Kingsford: The Council reconvened at 8:32 P.M., for the record the Council met to discuss pending litigation, Counsel will keep us advised on that and we will proceed. The Motion was made by Myers and seconded by Tolsma to adjourn at 8:35 P.M.: Motion Carried: All Yea: Meeting Adjourned: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: GRANT P. KINGSFO Y ATTEST: CLERK pc: Mayor & Council P & Z Members, Ward, Stuart, Bldg., Police, Engineer, Gass, Atty., ACRD, Valley News, Statesman, NMID, Settlers, CDH, Hallett Mail (3) File ( 3)