1988 06-219 • •
A G E N D A
MERZL)IAN CITY COUNCIL
JUNE 21, 1988
MINLPTFS OF THE PREVIOUS MEETIlVG HELD Ji]NE 7, 1988; (APPROVED)
1: VARIANCE REQUEST BY uFrT,Y WAY, TABLED AT LAST MEETING: (APPROVED WITH 10• SETBACK)
2: DEPAR~NT REPORTS:
• •
MERIDIAN CITY COUNCIL JUNE 21, 1988
Regular Meeting of the Meridian City Council called to order by Mayor
Grant Kingsford at 7:30 p.m.:
Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler:
Others Present: Bob Mitich, Gary Smith, Walt Morrow, Kay Beumeler,
Moe Alidjan., Wayne Crookston, Kelly Way, Kevin Robertson:
The Motion was made by Brewer and seconded by Tolsma to approve the
minutes of the previous meeting held June 7, 1988 as written:
Item #1: Request for Variance by Kelly Way, tabled at last Meeting:
Mayor Kingsford: In your absence at the last meeting, there was some
concern, particularly with safety this was tabled.
Way: I talked to the title company about getting a deed restriction
that if the road ever does go through, the fence could be lowered.
Any subsequent owner would be bound by that deed restriction this
would be an alternative.
Brewer: How about Councilman Giesler's comment at the prior meeting
about the fence apparently being a foot higher than the six feet?
Way: It has a slope on each section, so it is about four inches over
six feet~at the highest point. I can cut it dawn, it is not going to
' be a problem._
Mayor Kingsford: Our ordinance speaks to six feet in the back. City
Engineer would you have any comments on that?
City Engineer: I can understand what Mr. Way wants to do and right now
it is not a serious problem, because theme is not any traffic going
oh there except the fellow who lives to the east of him, the
fellow living to the east does have a bit of a problem when he backs
out of his driveway, the driveway is up against the fence, so he can
not see anything until he gets to the sidewalk. I had not noticed that
until I met with the building inspector out there last nite and he had
talked to the neighbor next door, he had mentioned that. My biggest
concern even though it is on the deed as a matter of record, how do
we enforce it.
Mayor Kingsford: Counselor, with regards to that in terms of liability,
if we require it to be lowered at the time the street go through does
that relieve the City of liability?
City Attorney: There is always exposure
deed restriction there and if liability
ion probably should include a indemnity
property owner. It is correct that you
suggests by a deed restriction but also
are pertinent. I was wondering if there
the application.
to the City, but if there is a
is a concern that deed restrict-
and hold harmless by the
pan do something as Mr. Way
the comments of the City Engineer
were any comments by ACRD on
ME},2IDIAN CITY COUNCIL •
JUNE 21, 1988
` PAGE # 2
;7
Mayor Kingsford: There were conflicting comments by them.
Brewer: I would like to see us stick to our ordinance.
City Engineer: I forgot to mention the reason we met Mr. Way out there
last nite was to see if a compromise could be worked out. It appeared
from our stand point that if he was to pull that fence back ten feet
from the property line that would still be in violation of the ordinance
but the neighbor to the east did not have a problem with that. We
concurred that this would be a solution to the problem.
There was discussion on this.
It was discussed that maybe the restriction as far as removal of the
fence could be put on the present property owner before sold.
Giesler: What I have a problem with is not the road but the sidewalk
when the property owner to the east is backing out he cannot see until
he is clear out past the end of the fence and it could be quite
dangerous for children playing in the area. I have a real concern about
the neighbor having to back out not knowing what is going to be there.
I would feel a lot more comfortable with the ten feet setback from the
property line if it went clear to the property line I would be in favor
of a:.,shorter fence.
Brewer: I feel we need to abide by our written codes and not consider a
variance at all.
Myers:'I_~do not have any problem with the compromise that the City
Engineer and the Building Inspector came up with.
Mayor Kingsford: Is the Council prepared to take action? I would make a
recommendation that we consider either the proposal by the City Engineer
and the Building Inspector and/or the provision of an open fence.
Something that would be visible through.
The Motion was made by Myers and seconded by Tolsma that a Variance be
granted with a ten foot setback as recommended by the Building Inspector
and the City Engineer.
Motion Carried: All Yea:
Department Reports:
City Engineer: Did you want to postpone that discussion we had with
APA until the next meeting?
Mayor Kingsford: Let's do.
City Attorney: I have talked to all of you about the decision of Alpbert
against the City of Meridian but for the record the Cities of Ada County
did prevail at the trial court level on summary judgement.
Mayor Kingsford: Has a motion for appeal been filed?
City Attorney: Not to my knowledge.
MERIDIAN CITY COUNCIL • •
• JUNE 2 ], , 19.8 8
PAGE # 3
Giesler: If the Building Inspector or City Engineer are out by where
the fence variance was granted my tape must be off on that fence as I
was showing right at seven feet on it, would you measure it.
Myers: I might say the Paint the Town was a sucess.
Mayor Kingsford: I meant to bring a letter out, we received one already
which was very complimentary sighting some names but left out a number,
the Kiwanis Club should be commended in particular Terry Smith and Jack
Sweet and a whole group of folks from the Kiwanis and other agencies
who participated in this project.
Mayor Kingsford: We need the department budgets.
Being no further business to come before the Council the Motion was made
by Myers and seconded by Tolsma to adjourn the meeting at 8:02 p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
GRANT KINGSFO , R
ATTEST:
pity Cler
pc• Mayor & Council
P & ::Z Members
Mail (1)
File (1)
Atty, Eng, Fire
Poli e, Ward, Stuart
Gass, Hallett, Mitich
Valley News, Statesman
ACRD, NIMD, CDH, ACC
Settlers Irrg.