HomeMy WebLinkAbout04-417 Waste Frnchs Moratorium
RESOLUTION NO. 04 ~ lfi 1
BY:
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A MORATORIUM
UNTIL JUNE 1, 2004 FOR THE ISSUING OF ANY NEW SOLID WASTE
FRANCHISES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Council have the authority [pursuant to I.C. § 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 June 1, 2004 on the issuing of
any new fÌanchises for the City of Meridian. This moratorium would provide for amendments to
the Meridian City Code Ordinance to set out standards applicants for fÌanchises must meet in
order to be able to obtain a fÌanchise 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 a moratorium on the issuing of solid waste fÌanchises until June 1,2004. A copy of
this Resolution shall be held on file in the office of the City Clerk.
RESOLUTION FOR MORATORIUM ON
SOLID WASTE FRANCmSES 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 hearing 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
fonh in the request.
SECTION 4: The moratorium may be terminated prior to the June 1,2004 date if
a resolution is adopted by the City Council.
SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and
effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6-f!:c day
of ~T~ :J ,2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6f!::::
day of J~;;- ,2004.
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:
l. That I am the duly appointed and elected Clerk ofthe City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho,
Meridian, Idaho.
2. That as the Ci~Ierk of this City, I am the custodian of its records and minutes and do
hereby certify that on the ~ day of V ~~;;--' 2004, 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 JUNE 1,2004 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 June 1, 2004 on the issuing of
any new fÌanchises for the City of Meridian. This moratorium would provide for amendments to
the Meridian City Code Ordinance to set out standards applicants for fÌanchises must meet in
order to be able to obtain a fÌanchise 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 a moratorium on the issuing of solid waste franchises until June I, 2004.
A copy of this Resolution shall be held on file in the office of the City Clerk.
SECTION 2: Any applications for solid waste fÌanchises 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.
CERTIFICATE OF CLERK
PAGE I OF 2
SECTION 3: Any person aggrieved by the moratorium may request, in writing, a
public hearing 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 terminated prior to the June 1, 2004 date if
a resolution is adopted by the City Council.
SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and
effect immediately upon passage.
: ss:
STATE OF IDAHO,
County of Ada.
On this ~ day of ---.Jø." u. r y , 2004, before me, a Notary Public, appeared
WILLIAM G. BERG. JR., known or identified to me, to be the City Clerk, respectively, of the City of
Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on
behalf of the City of Meridian.
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CERTIFICATE OF CLERK
PAGE 2 OF 2
December 11, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
December 16, 2003
ITEM NO.
4
REQUEST
Solid Waste Franchise Moratorium Discussion by Steve Sedlecek with SSC
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
Se. attached
CITY PLANNING DIRECTOR:
CITY AlTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
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MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SEITLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Mai8rIaJs presented at publIc meeHngs shall become propefly of the Cily of Meridian.
Phone:
FOLEY, FREEMAN, BORTON & STERN, CHARTE&Cr-T'"/E'D-
ATTORNEYS AND COUNSELORS AT LAW "-n
P.O. BOX 10 ,t;~ , , 2!Ja3
77 EAST IDAHO MAY',-.
HERITAGE BLDG., SUITE 100 cry'? ;.:.~'" ornCR
MERIDIAN, IDAHO 83680 -. v~
TELEPHONE: (208) 888-9111
FACSIMILE: (208) 888-5130
WEB SITE: www.foleyfreeman.com
HOWARD R. FOLEY
MARK S. FREEMAN
JOSEPH W. BORTON
FRANCES R. STERN
JUDY L. GEIER
December II, 2003
RECEIVED
DEC 15 2003
VIA HAND DELIVERY
Honorable Robert D. Corrie, Mayor
Meridian City Council
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642
City of Meridian
City Clerk Office
Re:
Solid Waste Franchise Moratorium
Dear Mayor Corrie and Meridian City Council members:
I am writing on behalf of my client, Sanitary Service, Inc. ("SSC"), to request that
you adopt a resolution at your next council meeting on December 16, 2003, to place a
moratorium on the issuance of any new solid waste franchises in the City of Meridian until
June 1,2004.
As you are aware, on May 2, 2003, in the case of Plummer vs. Otv of Fruitland, the
Idaho Supreme Court held that under the Court's interpretation of existing statutes, Idaho
cities do not have the power to grant exclusive solid waste disposal franchises. The
Plummer decision created major problems for a large number ofIdaho cities, including the
City of Meridian, since they had either adopted ordinances or had entered into contracts
which assumed they had the power to grant exclusive solid waste franchises.
Although Bill Nichols has been diligendyworking on an amendment to 4-1-17, with
some assistance and input from Steve Sedlecek and me, there is still considerable work
which will need to be done to complete the revision of all applicable City solid waste
ordinances and regulations and the Franchise Agreement between the City and SSC so that
they will be in compliance with the Plummer decision. The prior moratorium on the
issuance of new solid waste franchises (Resolution No. 03-404), which was passed by
Council and approved by the Mayor on May 27,2003, expired over two months ago on
September I, 2003. For the reasons outlined in this letter, SSC respectfully subnùts that it
is in the City's best interest to immediately pass a new moratorium on the issuance of any
new solid waste franchises.
Honorable Robert D. Corrie, Mayor
Meridian City Council
December 11, 2003
Page 2
In addition to the fact that the necessary amendments to the City's solid waste
ordinances have not been completed, the Idaho Supreme Court heard oral argument on the
City of Fruitland's request that the Court reconsider its previous decision that cities do not
have the power to grant exclusive solid waste disposal franchises. In the event that the
Court's prior decision is reversed, all ofthe revisions to the City's solid waste ordinances,
regulations, and to SSC's Franchise Agreement would have been made for naught, and
SSC's contract rights will be significantly impaired. Although no one can know for sure
whether the Court will change its prior holding, the fact that the Court agreed to re-hear the
case is sufficient basis to support a decision to issue a moratorium on new solid waste
fÌanchises until June 1,2004.
A moratorium in new solid waste franchises until June l, 2004, will provide the City
with breathing room until the Plummer decision is issued (the average time for the Supreme
Court to issue such a decision is six months). Also, since it is my understanding that there
will be a considerable push during the 2004 state legislative session to pass legislation to
clarifY the right of a city to grant an exclusive solid waste franchise, the moratorium would
provide the benefit of extending slightly beyond the end of the next legislative session.
For the reasons set forth above, on behalf of SSC, I respectfully request that the
Council pass and the Mayor approves a resolution to place a moratorium on the issuance of
any new solid waste franchises in the City of Meridian until June 1,2004, at the next council
meeting on December 16'\ 2003.
Thank you in advance for your consideration of this request. Please feel free to
individually contact either SteveSedlecekor me if you have any questions.
~
Mark S. Freeman
mfreeman@foleyfreeman.com
MSF/kt
cc: William F. Nichols
Meridian City Council Meeting
January 6, 2004
Page 3 of 24
O.
P.
Q.
Planned Unit Development to allow for office uses along Overland
Road and Millennium Way in an L-O zone for proposed Sage Crest
fka Maverick Subdivision by Dirk Marcum and Michael Riggs -
south of East Overland Road on the west side of Millennium Way:
Findings of Fact and Conclusions of Law for Approval: CUP
03-056 Request for a Conditional Use Permit for an indoor soccer
center in an existing business park in an I-L zone for Meridian
Soccer Center by Meridian Soccer Property - south of East
Franklin Road, west of South Locust Grove Road on East Piper
Court:
Findings of Fact and Conclusions of Law for Approval: CUP
03-053 Request for a Conditional Use Permit for development of a
2,800 square foot bank with drive-thru and future retail tenant with
drive-thru in a C-C zone for Kev Bank by CSHQA - south of East
Overland Road and west of South Eagle Road:
Development Agreement: AZ 03-019 Request for annexation
and zoning of 16 acres from RUT to R-8 zones for proposed
Highgate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road:
R.
Resolution No.
Franchises:
04-417
Moratorium of Solid Waste
S.
T.
Water Main Easement for Steve Hill Office I Warehouse:
Water Main Easement for Christian Familv Matters:
U.
V.
Purchase Order for Laser Fiche UD-Grade:
Bear Creek Restroom Proiect Extension:
W.
Approve Bills:
De Weerd: Okay. Item Number 3 is the Consent Agenda. Is there any discussion? Do
we have a Resolution number for R? Okay. For the record, Resolution Number 04-417
is the item number for item R. Are there any changes? I would accept a motion.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda with the resolution number being
noted as 04-417.
Meridian City Council Meeting
January 6, 2004
Page 4 of 24
Nary: Second.
De Weerd: Thank you. Okay. It's been moved and seconded to note the Resolution
Number 04-417. All those in favor say aye.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Now a motion on the Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda as noted, with Item R as 04-417, the
resolution.
De Weerd: Do you want anyone to sign and attest?
Bird: Yes, I do. I want the Mayor to sign and the Clerk to attest.
McCandless: Second.
De Weerd: Okay. It's been moved and second to approve the Consent Agenda with
the Resolution Number noted, with the Mayor to sign and Clerk to attest to all
appropriate papers. Mr. Clerk, will you call roll.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES.
Item 4.
Department Reports:
De Weerd: Thank you. Okay. Item Number 4. We know there is no department
reports correct?
Powell: Ma'am, I think I will pass tonight.
De Weerd: What a good idea.
ItemS.
(Items Moved from Consent Agenda)
De Weerd: Okay. Item 5 we did not move any items from the Consent Agenda.
Item 6.
Ordinance No. AZ 03-019 Request for
annexation and zoning of 16 acres from RUT to R-8 zones for proposed