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1987 10-06 • • A G E N D A MERIDIAN CITY COUNCIL OCTOBER 6, 1987 ITEM: MINUTES OF THE PREVIOUS MEETING HELD SEPTEMBER 15, 1987: (APPROVED) 1: BID ON LANDSCAPING OF CITY HALL: (BID AWARDED TO ALL SEASONS) 2: PUBLIC HEARING: REZONE REQUEST BY FRED FENDER: (APPROVED) 3: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: (APPROVED) 4: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES:=-(TU,RN-OFF APPROVED) 5: APPROVE THE BILLS: (APPROVED) 6: APPOINT ELECTION JUDGES & CLERKS: (APPOINTMENT APPROVED) 7: RESOLUTION ~-],16: FAIR HOUSING~POLICY: (APPROVED} 8: RESOLUTION $• 1~7: 1~i~'~HORIZING' SIGNATURES FOR GRANT: (APPROVED) 9: DEPARTMENT REPORTS: • • MERIDIAN CITY COUNCIL OCTOBER 6, 1987 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: Members Absent: Bill Brewer: Others Present: Stillman Anderson, Roy Porter, Gary Smith, Fred Fender, Bob Mitich, James Shearer, Walt Morrow, Barbara Kruger, Wayne Crookston, LaWana Niemann, Fay M. White, Steve Wherry; The Motion was made by Tolsma and seconded by Giesler to approve the minutes of the previous meeting held September 15, 1987 as written: Motion Carried: All Yea: Item #1: Bid on Landscaping for City Hall: Mayor Kingsford asked the Architect to make a recommendation: Stillman Anderson from Architects Incorporated was present and made the recommendation that the City accept the Bid from All Seasons Landscape in the amount of $16,452.00 for the landscaping at the City Hall, this is the toal project. Mayor Kingsford: Mr. Anderson, do you have any idea how long it will take them and when they can start the project? Anderson: From the indication they gave me they could start tomorrow and would be finished by the end of October. Mayor Kingsford: Any questions from the Council? Giesler: From a phone call I have had and in talking with a couple of landscapers, how come the specifications are so stri~~ and in some ways out of line the requirements that were put in there and I have been told we could be looking at 4 to 5 thousand less money if the specifications were not so stric:+t. There was quite a lot of discussion on this and the Architects attempted to explain some of the items. (TAPE ON FILE) Mayor Kingsford: I might just mention that Councilman Brewer who could not be here tonite, due to taking a junket on my behalf said if this bid for the $16,452.00 was firm that he was in favor of accepting the bid and go ahead with the whole program. Is there a motion on behalf of the Council one way or the other? The Motion was made by Myers and seconded by Tolsma that the City accept the low bid in the amount of ,$16,452.00 for the landscaping of the City Hall. Motion Carried: All Yea: MERIDIAN CITY COUNCIL • • OCTOBER. 6, 1987 PAGE # 2 Item # 2: Public Hearing: Rezone Request by Fred Fender: Mayor Kingsford: Doctor Fender, would you like to make any comments before we open the Public Hearing? Dr. Fender: The only comment I have is I think everyone here is familiar with what I have requested. Mayor Kingsford: I will now open the Public Hearing, is there anyone in the audience who wishes to offer testimony on this request? There was no response, the Public Hearing was closed. The Motion was made by Myers and seconded by Giesler that the Meridian City Council approve and adopt the Findings of Fact and Conclusions of Law as prepared for the Planning & Zoning Commission. Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: The Motion was made by Myers and seconded by Giesler to have the City Attorney prepare a Ordinance for the rezone of the property in the application as requested by Fred Fender. Motion Carried: All Yea: Item #3: Public Hearing: Proposed Amendments to the Zoning & Development Ordinance: Mayor Kingsford: At this time I will open the Public Hearing, is there anyone in the audience who wishes to testify on the proposed amendments to the Zoning & Development Ordinance, there was no response, the Public Hearing was closed. The Motion was made by Giesler and seconded by Myers to adopt and approve the Findings of Fact and Conclusions of Law as prepared for the Planning & Zoning Commission on the amendments to the Zoning & Development Ordin- ance. Motion Carried: Roll Call: Giesler, Yea: Myers, Yea: Tolsma, Yea: The Motion was made by Tolsma and seconded by Myers to have the City Attorney prepare an. Ordinance to reflect the changes to the Zoning & Development Ordinance: Motion Carried: All Yea: Item #4: Pre-Termination Hearing, Water/Sewer/Trash Delinquencies: Mayor Kingsford: You have been informed in writing, if you choose to, you have the right to a pre-termination hearing before the Mayor & 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. You may retain Counsel. Is there anyone in the audience who wishes a hearing? There was no response. Due to their failure to pay their water bill or present any valid reason why the bill has not been paid, their water shall be turned off on October 14, 1987. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or hive the decision of MERIDIAN CITY COUNCIL + • OCTOBER 6, 1987 PAGE # 3 the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though ~ appeal, the water will be shut off. The Motion was made by Tolsma and seconded by Myers to approve the turn-off list. Motion Carried: All Yea: Mayor Kingsford: The amount of the delinquencies is $7,293.90: Item # 5: Approve the Bills: The Motion was made by Tolsma and seconded by Giesler to approve the payment of the bills: Motion Carried: All Yea: Item #6: Appoint Election Judges & Clerks: Mayor Kingsford: The City Clerk has submitted the names for your approval of the Judges and Clerks for the upcoming election. First Precinct: Judy Johnson, Judge: Claudia Waller, Ermon Page & Allice Bi11s, Clerks: Second Precinct: June Pack, Judge: Eloise Stemple, Janet Berg & Robin Roberts, Clerks: The Motion was made by Myers and seconded. by Tolsma to approve the Judges & Clerks for the November 3, 1987 Election: Motion Carried: All Yea: Item #7: Resolution #116: Fair Housing Policy: Mayor Kingsford: A Resolution of the City Council of the City of Meridian, Idaho, providing for the adoption of a Fair Housing Policy for the City of Meridian, is there anyone present who wishes Resolution #116 read in its entirety? There was no response. This has to do with a requirement when we receive any Grants. The Motion was made by Myers and seconded by Giesler to approve Resolut- ion #116: Motion Carried: All Yea: Item #8: Resolution #117: Authorizing Signatures for Grant: Mayor Kingsford: This Resolution is approving the Mayor & City Clerk to sign any of the necessary papers in conjunction with the Grant for the Secondary Clarifier. The Motion was made by Myers and seconded by Tolsma to approve Resolut- ion #117: Motion Carried; All Yea: Department Reports: La Wana Niemann was present and presented the City Clerk, Jack Niemann MERIDIAN CITY COUNCIL • • OCTOBER 6, 1987 PAGE # 4 with three framed .picture of the old Meridian City Hall, one was taken in 1910, another in 1973 and the other one in 1981: City Attorney: We are proceeding with Mr. Amyx contempt of Court. Mayor Kingsford: I delivered a letter today signed by the City Clerk, from the Mayor & City Council to the School District and they needed it tonite as it was on their agenda, the letter was addressed to the Superintendent and the School Board asking them to allow the Mayor a few days of business leave for which in return the City would allow them to use our facility when there were not scheduled City Meetings. The Motion waG made by Myers and seconded by Tolsma to approve the ar~angement'~a stated in the letter. Motion Carried: All Yea: Mayor Kingsford: Another item is a gentleman is reopening the War Eagle and was wondering if there was a way we could prorate the license for the balance of this year, the license was never paid for in this year and the fee of $762.50 he felt was quite steep for the couple of months left in this year. I would not have any problem if we prorated that down to ~ of the $762.50. The Motion was made by Giesler and seconded by Myers to allow the War Eagle to prorate their ligour license for ~ of the regular amount. Motion Carried: All Yea: City Clerk: We have a weed problem out in Settler's Village, the Fire Department has contacted the owners and they have failed to do anything about this. Under our Ordinance we can have the property cleaned up and assess a lien against the property, does the Mayor & Council wish to proceed in this manner? The Motion was made by Myers and seconded by Tolsma to proceed with having the property cleaned up. Motion Carried: All Yea: It was announced that today was Councilman Tolsma birthday along with being the first meeting in the new City Hall. Being no further business to come before the Council the Motion was made by Myers and seconded by Tolsma to adjourn at 8:00 p.m.: Motion Carried: All Yea: TAPE ON FILE OF THESE PROCEEDINGS: ATTEST: osw~ Ja n, City Clerk APPROVED: T KINGSFO , • • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counaelon P.O. Box 427 Meridian, Idaho 83842 Telephone 8BBd181 Meridian will hold a public hearing at 7:30 o'c{lock mr on oL ~ -I S'~' ~aI'i a October 6, 1987, at the Meridian City Hall, ~8- i~-•~~~ S~.~eet, Meridian, Idaho for the purpose of considering the following amendments to the Zoning and Development Ordinances: 1. Changing the Conditional Use procedures of Section 11-2-418 as they pertain to original applications regarding land in OLD TOWN to eliminate the requirement to have 75~ of the land owners within 300 feet sign the petition and to have only one public hearing before the Planning and Zoning Commission. 2. Changing the Conditional Use requirements of Section 11-2-418 as they pertain to applications regarding land in OLD TOWN to allow transfers of conditional use permits for like-to-like uses and from owner to owner or occupant to occupant by petitioning the Zoning Administrator. and if the Zoning Administrator has a question as to whether a transfer should be made he can refer it to the City Council but no public hearing shall be held. 3. Changing the Conditional Use requirements of Section 11-2-418 as they pertain to all zoning districts other than OLD TOWN to allow a transfer of conditional use permits by application to the City Council, the City Council holding one public hearing after notice to property owners within 300 feet of the external boundaries of the .property by certified mailing. 4. By adding to the Conditional Use. Application requirements of Section 11-2-418 by requiring the Applicant to state whether or not the proposed use is a violation of any subdivision or land covenants and restrictions or deed restrictions. 5. By removing from Section 11-2-410A, Zoning Schedule of Bulk and Coverage Controls, the Maximum Lot Coverages in all residential zones and to allow .the set back requirements to govern the amount of lot that may be covered in all residential zones. 6. By changing the Variance Procedures and Guidelines, Section 11-2-419, to remove the. language that variances "shall not be granted on the grounds of convenience or profit," but to • make convenience or profit a consideration in determining whether a variance should be granted. Any and all interested persons may testify and the public is welcome. DATED this ~~~ day o~ , 1987. AMBROSE, FITZGERALD 3 CROOKSTON Attorneys and Counaelore P.O. Box 127 Meridfen, Idaho 83842 Telephone 8881481 • • MERIDIAN CITY HALL LANDSCAPING SEPTEMBER 29, 1987 Sae -S~~tk~ ~~F~4:00 P.M ~s~ ~.~ ~ Q CONTRACTOR LUMP SUM I LUMP SUM 2 GRAND TOTAL SUM All seasons Nursery ~ ~~ 7~ I ~ ~.5~. ® O Benson's landscapi ~ ?J ~~~ i I ~ C~~~ ~ ZL~ ~©C~t Gerhard Borbonus Colverdale Nursery ~ Z ~ ~ 3~~' ~ ~~ ~,/~.Z~' ~~~ ~. 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F , i 7'r: MAYOR & COUNCIL, The following Judges and Election Clerks have been selected for your approval: FIRST PRECINCT: Judy Johnson, Judge Claudia Waller, Clerk Ermon Page, Clerk Alice Bills, Clerk 2229 NW 14th 1085 Chateau Ave. 908 East 5th 929 Storey SECOND PRECINCT: Lova (June) Pack, Judge 524 W Carlton Edith (Eloise) Stemple,Clerk 1114 W. 6th Janet Berg, Clerk 231 W Washington Robin Roberts Clerk 202 W. Washington October 6th is the last day for City Council to designate election Judges and Clerks. I would appreciate approval by Motion October 6', 1987, Regular meeting. v i9].1 abo listed Judges and Clerks have served preceding County Election. RESOLUTION N0. ~~ I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, PROVIDING FOR THE ADOPTION OF A FAIR HOUSING POLICY FOR THE CITY OF MERIDIAN. WHEREAS, it is unlawful to discriminate on the basis of (race, color, religion, sex or national origin in the sale, .easing or financing of housing or land to be used for construction of housing; and WHEREAS, the City Council of the City of Meridian deems it in the best interest of the City of Meridian to adopt a fair ing policy; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: 1. That within available resources the City will assist all persons who feel they have been discriminated against because of race, color, religion, sex or national origin to seek equity under federal and state laws by filing a complaint with the Idaho Human Rights Commission or the U.S. Department of Housing and Urban Development, Seattle Regional Office Compliance Division. 2. That the City shall publicize this Resolution and through this publicity shall cause owners of real estate, developers and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and any applicable state or local laws or ordinances. .ASSED BY TH IT COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~_ day of ~ ~e ~ , 1987. APPROVED: G T P. R~FO , A R AMBROSE, TTEST: FITZOERALD BCROOKSTON Attorneys end Counselore r.o.eoxdrr JACR NIEMANN CITY Meridten, Idaho 83842 RESOLUTION NO. A RESOLUTION by the City Council of the City of Meridian, Idaho, authoriz- ing Mayor Grant P. Kingsford or ,City Clerk Jack H. Niemann to sign all applications, grant agreements, and amendments, and other documents relating to the wastewater facility addition construction grant. WHEREAS, the City of Meridian intends to construct a secondary clarifier for wastewater collection for the Meridian urban service planning area; and WHEREAS, the clarifier is to be designed in accordance with State of Idaho Department of Health and Welfare grant requirements to serve the needs of the area; and WHEREAS, the costs of the construction of the secondary clarifier are eligible for State funding; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Meridian that Mayor Grant P. Kingsford or City Clerk Jack H. Niemann is duly authorized to sign applications, Grant Agreements and Amendments, and other documents relating to the wastewater facility addition construction grant. Passed and adopted by the City Council of the City of Meridian, Idaho, the ~~ day of G'' o =r , 1987, by the following votes: Ayes _~ Nays SIGNED: v NAME: Grant P. Kingsford TITLE: Mayor