HomeMy WebLinkAbout1989 01-03
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A G E N D A
MERIDIAN CITY COUNCIL
JANUARY 3, 1989
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD DECEMBER 20, 1988: (APPROVED)
1: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST BY T & R CONSTRUCTION:
(FIl~IDINGS APPROVED, VARIANCE DENTED)
2: BOB JOSSIS, MONTGOMERY ENGINEERS, APPROVAL BY COUNCIL OF REQUEST FOR RELEASE OF
FUNDS AND CERTIFICATION RELATING TO DEPARTMENT OF COMMERCE GRANT: (APPROVED)
3. PUBLIC HEARING: PRELIMINARY PLAT ON CENTRAL VALLEY CORPORATE PARK WITH FINAL
PLAT ON PHASE I WITH VARIANCE ON BLOCK LENGTH: (APPROVED W/CONDITIONS)
4. APPROVE COVENANTS FOR CENTRAL VALLEY CORPORATE PARK: (APPROVID)
5. PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES~~-0FFS APPROVED)
6. APPROVE THE BILLS: (APPROVED)
7. SANITARY SERVICE: PROPOSED INCREASE IN TRASH COLLECTION RATES{TABLID UNTIL 1/17/89)
8. ORDINANCE #502: ORDINANCE AMENDING THE COMPREHENSIVE PLAN: (APPROVED)
9. DEPARTMENT REPORTS:
• •
MERIDIAN CITY COUNCIL JANUARY 3, 1989
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, Walt Morrow:
Others Present: Kevin Robertson, Bob Jossis, William Hon, K. Beumeler, Tim Hepper,
Jim Johnson, Gary Smith, Wayne Crookston, Elaine Schlekeway, Paul Stutzman, Terry
Beaver, Laura Connors, Moe Alidjani,
The Motion was made by Tolsma and seconded by Giesler to approve the Minutes of the
previous Meeting held December 20, 1988 as written:
Motion Carried: All Yea:
Item #1: Findings of Fact & Conclusions of Law on Variance Request by T & R Construction:
Mayor Kingsford: Council Members you have had those, are there any questions of the
Counselor, if not I would entertain a Motion on those Findings.
The Motion was made by Giesler and seconded by Morrow that the City Council of the
City of Meridian does hereby adopt and approve the Findings of Fact and Conclusions
as prepared by the City Attorney:
Motion Carried: Roll Call Vote: Morrow, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea:
The Motion was made by Morrow and seconded by Giesler that the Variance Request by
T & R Construction be denied:
Motion Carried: All Yea:
Item ~2: Bob Jossis: Approval by Council for Release of Funds & Certification Relating
to Department of Commerce Grant:
Jossis: Over two weeks ago we completed the Envirormnental Assessment which was
publically advertised in your Meridian Newspaper provided copies of the doc~unent
to the City Hall, Library, Senior Citizens Center and the School District for
public review and comments, we also provided letters to a number of agencies about
twenty I think, describing the project and advising then of the review period and
solicting any comments they might have. We have received written cc~attents about
eight that have been sub~equeritly provided to the City and each of the place where
the docuni+ents are. The public comment period ended Friday of last week, since that
time I received one last Friday and two in todays mail, none of the comments from
the agencies had anything negative to say about the project at all, their findings
were that it had no impact on the environment at all. When the Public Notice was
filed the finding of no significant impact was included by the City and the action
tonite by the City Council basically certify based upon the public comment received
that the finding of no significant impact is indeed sti11 valid and authorizing the
Mayor to request release of funds for the project.
Mayor Kingsford: Any questions of Mr. Jossis, if there are none I would entertain a
Motion.
The Motion was made by Myers and seconded by Tolsma to approve of the findings of
MERIDIAN CITY COUNCIL • •
JANUARY 3, 1989'
PAGE # 2
no significant impact and authorize the Mayor to sign for the release of fund from
the Department of Conenerce.
Motion Carried: All Yea:
Item #3: Public Hearing: Prel~m;nary Plat on Central Valley Corporate Park with Final
Plat on Phase I with Variance on Block Length:
Mayor Kingsford: Mr. Jossis would you like to came forward and address these items?
Jossis: The Final Plat is essentially that what was submitted before in the Prel~m;na~ry
Plat Phase with one exeception, as you recall we discussed the one lot that would be set
aside for a retention pond and a park facility upon the final drainage plan for the
project. We found that for the first phase of the project the detention pond was not
needed, so that :_d,~tention pond lot is not part of the Plat for the first phase of the
project.It is still part of the overall Preliminary Plat, as it will be needed when
future phase are added. Just to update the Council, we still have not received final
approval for the changes in the accesses for the Central Valley Corporate Park off of
Highway 55, if you recall that approval by the State Transportation Board was based
upon the Transportation Staff negotiating with Bill Hon, the owner to the property to
the north, for a new access for his property, the Transportation Department is currently
conducting an appraisal of the value of that access for Mr. Hon and when they ecenplete
that they will ccenplete their negotiations with him. Everything else pertaining to the
accesses for the park have been sul~ni.tted, the Transportation Board have taken the
position that they are treating this as a package. What we are requesting if it can
be acted on by the Council is approval subject to the Transportation Departznesits
approval of change in the accessess.
Mayor Kingsford: I will now open the Public Hearing, is there anyone for the audience
who wishes to testify on this matter?
Bill Hon, 4800 Club St. Boise, Id., Hon was sworn by the City Attorney:
Hon: We are certainly glad to see that the project is where it i.s now and hope that
everything gets going soon, this thing with the Highway Department is something we
did not have any knowledge of until about two and one half months ago, when it was
brought up but we did not know we had to pay for an access and we thought that we had
a share of the access going back twenty years, but in the two and one half months now
the Transportation Departrnent has not told us what the figure would be for the price
of the access, I guess the appraisal business is that busy, anyway we have been told
by the January 17, 1989 meeting of the Department of Transportation Board, prior to
that time maybe even by the end of this week they will have an appraisal figure.
They are supposed to give us some credit for what access we had before plus some costs
that we have to spend on the new access, I have been told by the Department of Trans-
portation that this is going to be a very low figure, if it is whether we think we
should pay for it or not, I imagine we will just do it and forget it but I still wake
up at night scene times th; nlr; ng what if an appraiser ecsnes up with scene ungodly figure,
so I came tonite to tell you until we know what the figure is we just do not know
what to say as far as this project goes, I am hoping the word I have is right.
Mayor Kingsford: Any questions of Mr. Hon? There were none.Is there anyone else from
the public that ~u1d like to offer testimony, there was no response, the Public
Hearing was closed. Council Members, I would strongly reconenend that it be conditioned
on getting highway approval.
Morrow: Do we have to have Findings of Fact on the Variance?
Counselor: You should have.
MIIZ~IAN CITY COUNCIL • •
JANUARY 3, 1989
PAGE # 3
There was discussion on what options were available.
The Motion was made by Morrow and seconded by Myers to have the City Attorney prepare
Findings of Fact & Conclusions on the Variance request by Central Valley Corporate
Park on the block lengths:
Motion Carried: All Yea:
The Motion was made by Morrow and seconded by Tolsma to approve the prel;m;nary plat
on Central Valley Corporate Park and the Final Plat on Phase I of the Central Valley
Corporate Park conditioned upon getting the Transportation Departments approval on the
change of access and the granting of the Variance perta?n~ng to the block lengths:
Motion Carried: All Yea:
Item #4: Approve the Covenants for Central Valley Corporate Park:
Mayor Kingsford: Council Members you have had those, is there any discussion?
The Motion was made by Tolsma and seconded by Morrow to approve the covenants for
Central Valley Corporate Park:
Mayor Kingsford: The Counselor has a com¢ttent;
Counselor: The only cca~¢nent I had is the paragraph at the bottom of page 14 where
it says the a~mership of the cannon areas could be transferred to the City of Mexidian
in conjuction with the formation of a General Improvement District, I was wondering if
the City wanted that in the covenants.
There was discussion on this conBment,It~.was decided to leave this item as it is.
Motion Carried: All Yea:
Item #5: Pre-Termination Hearing: Water/Sewer/Trash Delinquencies:
Mayor Kingsford: You have been inforned., 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 & trash bill is
delinquent: You may retain Counsel, is there anyone in the audience who wishes a
pre-termination hearing?
Terry Beaver, Its Happening Bar, we have a deal with Idaho Tent & Canvas where we pay
him half of the dumpster fee, the City in October quit billing us but there is thirteen
months where we did pay it twice, we would like credit for these thirteen months, I
am appealing to the City Council for that credit.
Mayor Kingsford: It would be my recdemendation that we delete them from the turn-off
and I will work with them to resolve the problem. Anyone else from the audience who
wishes a hearing? there was no response. Due to their failure to pay-their water bill
or to present any valid reason why the bill has not been paid, their water shall be
turned off on January 11, 1989. In order to have their water turned back on, there will
be an additional fee of $10.00. They are hereby inforned 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 Myers and seconded by Tolsma to approve the turnroff list:
M ERIDIAN CITY COUNCIL
JANUARY 3, 1989
PAGE # 4
Motion Carried: All Yea:
Mayor Kingsford: The amount of the delinquencies this month is $8,990.60:
Item # 6: Approve the Bills:
The Motion was made by Tolsma and seconded by Giesler to approve payment of the bills:
Motion Carried: All Yea:
Item #7: Sanitary Service: Proposed increase in Trash Collection Rate:
Mayor Kingsford: Councilman Myers would you advise the Council:
Myers: After much research, Mr. Alidjani and I went through this on a couple of
occasions to try to put together, as you know he was here on December 6 with a proposal
to increase the rates which they have not been increased for two years, in checking
with other areas around the valley, Boise's rate is $4.75, Nampa is $5.00 and Caldwell
is $5.10, Boise P,da is $5.35, now one thing they do not have that we have is we have
the Senior Citizens discount which is $1.00 less, in the proposal it would increase the
rate from $4.85 to $5.15 and the Senior's discount would make theirs $4.15., also
Sanitary Service has to travel further than any of the other trash haulers to the land
fill, as you know they bought a couple of new trucks, they now have four trucks on the
road with four spare trucks, their business is up scene, the amount of the increase
would be about 5.9o which would include commercial and residential. There is a couple
proposals we could do, BFI which is the other carrier that has Nampa, Caldwell & Boise,
does not have any one yard dumpsters for con¢nercial which Sanitary Service has scene and
also scene one & one-half yard which they do not have, the smallest they have is a three
yard, it cost the same to dump a three yard one as it does a smaller one, the only
difference is the capacity in the truck. The proposal after doing some checking around
I do not feel is out of line, the thing we cannot do is, we do not want to do is get
into comparision with, I think Nampa & Caldwell are a little closer to what we have in
operation here even though ours is a litte more unique because of the distance traveled
Last year they did raise the rates at the land fill and there is the possibility of
another raise this year. As you know under this contract we look at the rates every
two years, Boise & Nampa come up this fall for possible rate increase, what they will
do we cannot guess on that, I think we are still cca~ipetative, the proposals I do not
find they are that far off, what I wanted to suggest to the Council there are three
ways we could go on this, one would be to increase the residential to $5.15 and the
Cce~miercial would be $4.OO per dumpster per pickup, this is the proposal that was
submitted, the other proposal would be to eliminate the Senior Discount and raise the
Comm~xcial the $4.00 per dumpster per pickup and the residents to $5.OO instead of
$5.15, the third proposal would be there would be no increase in the residential, leave
the Senior's the same and raise the Cce~unercial to $9.00 per dumps~r-_ per pickup.
My proposal would be the first one, increase to $5.15, keep the Senior's discount
and raise. the commercial according to the schedule that was given you.
Alidjani: What the proposal was was seven ($7.00) per month for once a week service
on the dumpsters.
There was questions and discussion on this item.
The Motion was made by Tolsma and seconded by Giesler to table this item until the
next meeting.
Motion Carried: Morrow, Yea: Tolsma, Yea: Giesler, Yea: Myers, Nay:
MERIDIAN cITY covNCIL
JANUARY 3, 1989
PAGE # 5
Item #8: Ordinance #502: Ordinance Amending the Ccenprehensive Plan:
Mayor Kingsford: An Ordinance repealing Section 2-1102 of the revised and compiled
Ordinances of the City of Meridian and re-enacting said section of 2-1102 with
additions; and providing an effective date, is there anyone in the audience who
wishes Ordinance #502 read in its entirety, there was no response.
The Motion was made by Myers 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 # 502 as read be passed and
approved:
Motion Carried: Roll-Call Vote: Marrow, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Department Reports:
Sergeant Robertson:I was contacted today by Mr. Bob Talbert who works for Albertsons,
he is wanting to get what support he can from the Police Department and the City of
Meridian with regard to the traffic signal at the intersection of Cherry Lane and
Meridian Road, the East & West bound traffic there are left turn lanes but there
are none on the North or South bound lanes, the signal on the East & West is a
dedicated signal but ther~:is no signal going North or South. Mr. Talbot believes
there will be a large increase in traffic going South wanting to turn East on
Fairview especially during the grand opening. Even after the grand opening, I think
we might have a real congestion problem there, tenatively if you get a congested
area like that the left turn and that you have a high incident of accidents there for
failure to yeild on left turns. The Police Department will contact the Highway DepartrnQ.nt
tomorrow I just wanted to let you know we were contacted. by Albertsons and when we
contact the Highway Departrnent we would just like to let them know that we a.s a City
agree that this is something that should be done. '
Mayor Kingsford: I would encourage the Council to endorse Sergeant Robertson rec~unend-
ation.
The Motion was made by Morrow and seconded by Giesler to draft a letter to the ACHD
encouraging then to install a left turn signal on Meridian Road at Cherry Lane.
Motion Carried: All Yea:
Sergeant Robertson: The City Clerk brought it to my attention today that bar at 704
East First, known as It Happens had failed to renew their license, I checked on the
establishment today and they had just opened up, went inside and I talked to the
bartender, she had the understanding by the owner who is T~arvey Beaver that he was
to be into the City Hall today to pickup the license and for her to go and open up,
I checked at City Hall and no one had been in to pick up the license and I went back
to the bar and talked to them again and they said they were just going to close the
business down and lock the doors until someone picked up the license.
Mayor Kingsford: They are closed now?
Sergeant Robertson: They were when I came in this evening, we will keep a watch on
that:
Mayor Kingsford: I would like to introduce to the Council Mr. Tim Rapper who you
approved on nominating to the P & Z Ccs~¢nission, last meeting and will be taking his
seat next week, welcome aboard Tim, I appreciate it.
r~~I~N cITY covNClr,
JANUARY 3, 1989
PAGE # 6
City Attorney: The Attorney for Nampa Meridian Irrigation has submitted an agreement
for indemnification hold harmless for that portion of the Golf Course on eight mile
lateral, it is the lateral that runs inters the Golf Course basically ~ of the way down
number 6 , is piped part of the way just east of the clubhouse it opens up again.
We have been in negotation for this indemnification hold harmless for approximately
a year, I think that the agreement is fine, it is an agreement that the. City agrees
to hold the Nampa Meridian Irrigation District harmless from any damage they might
do to trees, shrublaexy,thing of that nature on the Golf Course and if there is a
problem the City agrees to pay for it, if that damage is done during the ordinary
course of maintenance work by Nampa Meridian, if it is done neglectly then the
indemnification does not apply. What I need to have is the Council to approve the
Mayor and City Clerk signing the agreement, I think it is appropriate.
Mayor Kingsford: I have looked at two or three drafts of it in the past but it is my
recollection that several things were involved in this issue ,have the others been
resolved?
City Attorney: It has been a part but we have a deed that we received the middle of
Decenbe.~ which does describe the new Golf Course boundries.That deed has been recorded.
The Motion was made by Myers and seconded by Tolsma to authorize the Mayor & City
Clerk to sign the indemnification hold harmless agreement with Nampa Meridian
irrigation District:
Motion Carried: All Yea:
Marrow: I have read the cca~¢nerits frcan the Auditors, I think we should offer congrad-
ulation to the City Clerk and the girls on our staff for a job well done.
Mayor Kingsford: I think that is a good point and I think it is very appropriate that
this be passed along to the staff.
Myers: I have several letters here and I was concerned whether anything has happened
on then, the latest one was on Nesmith's van, I get these and then never hear if any-
thing has been done with them.
Mayor Kingsford: That is a point well taken, we have had numerous of those , it would
probably be a good idea if we could get an update as to were we stand on the numerous
ccxnplaints we have had in the past. I guess I would be interested from that standpoint
as to where we stand with the daycare issue. We did get letters out to those people
and did-receive ccnanents back but to my knowledge no one has ever pursued that
Conditional Use Permit. I think it might be appropriate to see if they are still doing
business.
City Attorney: The City Clerk & I have looked at that and I think that all of them did
apply, the only one that acutally has action before us was Mary Wilson, the other ones
do need to be followed up.
Mayor Kingsford: Where do we stand Counselor on the filing on Mr. Hodgkins?
City Attorney: We have located him and he has been served and I received the return of
the service of process today.
There being no further business to cane before the Council the Motion was made by
Myers and seconded by Tolsma to adjourn at 8: 30 p.m.:
. .
JAN[TARY 3, 1989
PAGE # 7
Motion Carried: All Yea:
(TAPE ON FII,E OF THESE PROCEIDINGS)
i
APPROVED:
ATTEST:
pc~ Mayor& cil
P & Z s
"~ At , Eng, Fire, Police
Ward, Stuart, Gass, Stutzman
Hallett, Valley News
Statesman, ACHD, NINID, C9H,
ACC, SID
KIl~TGSFORD, O
Mail (4)
File (4)
I~O WATER AND WASTEW~R
OPERATORS CERTIFICATION BOARDS
P.O. Box 551
Lewiston, ID 83501
(208) 743-8302
(208) 746-3671 Ext. 263
December, 1988
Honorable Mayor
City of Meridian
728 Meridian St.
Meridian, Idaho
Dear Mayor:
83642
RE: NEW & ADVANCED CERTIFIED WATER & WASTEWATER OPERATORS
STATE OF IDAHO - DECEMBER 1988 EXAMS
We are honored to announce the following operators from your City passed the
examination for classification as a Certified Operator in the State of Idaho:
Gerald C. Randolph 2~~ °'"~~ Certificate No. 951
Mountain Home, Idaho ~~~~~ Wastewater Operator Class III
Walter E. Elhart ~ ~~ Certificate No. 28
Boise, Idaho ~~' Wastewater Laboratory Operator Class II
Gregory B. Walker GW-r~` Certificate No. 1
Boise, Idaho ~~ Distribution Operator Class III
The Board offers their congratulations and wishes them continued success in
advancing their certificate status and pursuing their water or wastewater career.
Sincerely,
4~. ~~D,~
Urban H. Wessels
Secretary-Treasurer
Certification Board
• ~ ADA CO~NTY HIGHWAY DIS~RICT
GLENN J. RHODES, PRESIDENT
CHARLES L. WINDER, VICE PRESIDENT
DWIGHT V. BOARD, SECRETARY
December 7, 1988
318 E. 37TH STREET
BOISE, IDAHO 83714
PHONE 345-7680
Mr. Twanyne Walker
T R- R Construction
1226 W. Crestwood
Meridian ID 83642
Re: CRESTWOOD ESTATES #3
FENCING VARIANCE REQUEST
Enclosed is the District's review of the referenced variance request which
will be approved by the District's Commission on December 8, 1988, with
conditions.
Franklin Road has 40-feet of right-of-way south of the section line with the
street improvements 24.5 feat off centerline. Diagram provided by the
engi~~er indicates the fence and berm wi11 be located 9-feet from the south
right~af-~way of Franklin road, and yell outside of the right-ofTv~ay, and
wi11 not create a sight hazard if it is not placed in th® cl®ar sight vision
triangle at street intersections,
If you should have any questions, please call me at 345-76b2.
ADA COUNTY HIGHWAY DISTRICT
ei"
Jon D. Thompson.
Development Services
JDT/ev
cc: Development Services
Chron
AN eOUAI. OPPONTUNITY EMPLOYER
~ •~ `
°AbA C0~.9 ~ TY H~OH~1lAl~' D~ST'F~~CT
3!8 EAST 37TH 5-TREET
• • BOISE, IDAHO 837!4
Inter-Department
Correspondence
To: Ala County Highway District Commission
Date: December 5, 1988
From: Development Serviees
Subject: MERIDIAN VARIANCE FRANKLIN Ej0 CINDER FEi~CE
(T & R Construction, 888-2288)
FACTS & FINDIPJGS:
1. T & R Construction requests a variance to construct a 4-foot high fence
on a 5-foot high berm along the side of Franklin Road.
2. Franklin Road has 65-feet of right-of-way (80-feet~is required), and is
improved with 24-feet of paving. ~ The additional right-of-way
requirement will be acquired from the opposite side of the street.
STAPlDARD REQUIREMENTS:
1. Locate the fence out of the public right-of-way and out of the clear
vision sight triangle at all intersections and driveways.
?.. Any work within ACRD right-of-way requires a permit. For information
regarding the requirements to obtain a permit, please contact Quality
Control at 345-7667. CU, DR,•or POC file number required.
POLICY IMPLICATIQNS:
1. Requirements a,re made ~o ~N~eridian Planning & Zoning as condition for•
CCmpl~anCe.
SIGNATURE OF STAFF SUBMITTING:
John R. Stoller, P.E.
FRj~,"~F;Li~J/ZTR.DEC
CI~IL AND PLANNING AND ZONlNi
CITY OF MERIDIAN
ADA QOUNTY~ IDAHO
ORDINANCE 466
VERBAL TESTIMONY OF SPEAKERS AT PUBLIC HEARING
SIGN-tJP SHEET
SYHtYONL lRI^aT SIGN 1ffiS SHEAR' IF TREY illSa '10 SPEAR! !
PRA NAIL SIGN® NAB RBSIDBNTIAL ASS '10 SPEAR
ffi ND
j
/1
,r`r
FROM ACRD REPORT - 12-20-88
A. CRITICAL BRIDGES - (SPAN 20') (PRIORITIZED NOV. 1988)
PRIORITY LOCATION ADT COST
#14/76 TEN MILE RD. 'OVER TEN MILE DRAIN 1,418 $200,000.
#28/76 FRANKLIN RD. OVER TEN MILE DRAIN 4,941 200,000.
#59/76 BLACK CAT OVER TEN MILE DRAIN 705 400,000.
#62/76 USTICK OVER FIVE MILE CREEK 621 200,000.
$74/76 MERIDIAN OVER FIVE MILE CREEK 3,607 250,000.
$1,250,000.
B. CRITICAL BRIDGES - (SPAN 20') (PRIORITIZID NOV. 1988)
PRIORITY LOCATION COST
#17/83 CHERRY LANE RD. - 0.2 MILE WEST OF TEN MILE $120,000.
X18/83 LOCUST GROVE RD.- 0.7 MILE SO. OF FRAI~BCLIN RD. 120,000.
#20/83 LOCUST GROVE RD.- 0.15 MILE SO. OF USTICK RD. 150,000.
$21/83 MERIDIAN RD. - 0.25 MILE SO. OF FRAI~IICL,IN RD. 175,000.*
#37/83 CINDER RD. - 0.7 MILE SO. OF CHERRY LN. RD. 100,000.*
#56/83 TEN MILE RD. - 0.2 MILE NORTH OF USTICR RD. 45,000.
X57/83 BLACK CAT RD. - 50' SO. OF USTICK RD. 30,000.
X61/83 FRANKLIN RD. - 0.25 MILE WFST OF TEN MILE RD. 40,000.
#66/83 OVERLAI~ID RD. - 0.05 MILE WEST OF LOCUST GROVE 70,000.
#83/83 CINDER RD. - 0.40 MILE SOUTH OF USTICK 30,000.*
$880,000.
*MAY BE POSSIBLE TO REPLACE WITH PIPE(S)