1987 01-05A G E N D A
MERIDIAN CITY COUNCIL
JANUARY 5, 1987
ITEM:
MINUTES OF'PREVIOUS MEETING HELD DECEMBER 15,1986:
1. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR CAL -GAS CORPORATION:
2. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR GREENLEAF FRIENDS
ACADEMY:
3. EAGLE ROAD MALL AGREEMENT: TABLED AT DECEMBER 15, 1986 MEETING:
4. REQUEST FOR CONTINUANCE TO CONSIDER THE FINDINGS OF FACT AND
CONCLUSIONS ON CONDITIONAL USE PERMIT FOR CECIL CHERRY AND SONS
UNTIL FEBRUARY 3, 1987:
5. PRE -TERMINATION HEAPING: WATER/SEWER/TRASH DELINQUENCIES:
6. APPROVE THE BILLS:
7. DEPARTMENT REPORTS:
MERIDIAN CITY COUNCIL JANUARY 5, 1987
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: Roy Porter, David Allen, Kenny Bowers, Dick Deardon,
Jack Garrett, Rich Allison, Larry Wilhite, J. Clouss, Gary Smith,
Ed Bews, Phil Davidson, R.D. Bischoff, Wayne Crookston, Miriam Barr,
Bob Wherry, Bob Mitich:
The Motion was made by Tolsma and seconded by Giesler to approve the
minutes of the previous meeting held December 15, 1986 as written:
Motion Carried: All Yea:
Item #1: Public Hearing: Conditional Use Permit for Cal -Gas Corporation:
Mayor Kingsford, is there a representative of Cal -Gas in the audience?
If so, would you come forward and state your name and give the Council
a brief outline of your request? Mr. Jack Garrett of Cal -Gas was present.
Garrett, what we are proposing and asking for approval by the City of
Meridian is to place a propane- storage at the corner of East Third and
Bower by the railroad track. The purpose of this storage will be to
supply the propane for both the Nampa and Boise outlets. This is a
central location. We plan on putting two 30,000 gallon storage tanks at
this location with an unloading tower to unload rail cars and we will
load the small trucks for delivery in the Valley. The system that will
be installed will be up to all the National Fire and Safety Codes as
well as Cal -Gas Corporation standards which are more stringent than the
fire protection codes. The employment will be one full time man at this
location as well as possibility of some of the drivers moving to this
area. Are there any questions?
Mayor Kingsford, if there are no questions of the Council, I will now
open the Public Hearing. Is there anyone in the audience who wishes to
testify on this request? There was no response, the Public Hearing was
closed. Council Members.
Giesler, I would like to address the requirements from Ada County
Highway which were not received in time for the Planning & Zoning
Hearing. Is there any problem with meeting with what ACHD has requested
be done?
Dick Deardon, We have talked to ACHD and they are requiring four foot
sidewalks, curbs & gutters and paving and some other items, when we
met with them they advised where there weren't any other improvements
in the area we could ask that the City Council waive these requirements
until such time as the rest of the area was done. The only item that
they were adamant about was that we had to provide our own drainage
within this parcel.
Mayor Kingsford, any other questions?
MERIDIAN CITY COUNCIL• •
JANUARY 5, 1987
PAGE #
Tolsma, do you have any problems with this request as far as the
Fire Department is concerned;- Chief?
Fire Chief, if it is built according to code there should be no problems.
Cal -Gas standards are more strict than the codes.
Brewer, I am in agreement with what has been said here, it is not a
foot traffic area and it would be ridiculus for them to have to make
these improvements at this location.
Mayor Kingsford, we have certainly made a precedence of not -requiring
the improvements being made. I think there needs to be recognition on
their part that those would have to go in when the rest of the area
is upgraded. I think that that should also be included in the motion.
Deardon, ACHD adva:s_ed that there was a bonding that could be done so
that any time it was upgraded that the funds would be guaranteed to
complete this.
Giesler, there are adequate ways of draining this property on site?
Deardon, yes.
The Motion was made by Brewer and seconded by Tolsma to approve the
Findings of Fact and Conclusions of Law as prepared for the Planning
and Zoning Commission.
Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea:
The Motion was made by Myers and seconded by Tolsma that the request
for a Conditional. Use Permit by Cal -Gas Corporation.be approved with
the stipulation that should the surrounding area develop that they
install the curbs, gutters, sidewalks and paving according to ACHD
recommendation.and requirements.
Motion Carried: All Yea:
Item #2: Public Hearing: Conditional Use Permit for Greenleaf Friends
Academy:
Mayor Kingsford, is there a representative of this request present?
If so would you state your name and give the Council and audience
an outline of your request. Rich Allison was present.
Allison, our proposal is to move the Day Care Center from its present
location on Pine Street to a larger facility on Fairview. We have
reviewed all the comments from the City and other agencies involved
and we have no problem with any of them.
Mayor Kingsford, does the Council Members have any questions at this
time? There was no response. I will now open the Public Hearing. Is
there anyone in the audience who wishes to testify on this request?
there was no response, the Public Hearing was closed. Any questions
of the Council?
Tolsma, I have some problem with the traffic situation at this location
and I spent some time visiting with the Chief of Police on this and the
MERIDIAN CITY COUNCIL• •
JANUARY 5, 1987
PAGE #3
preliminary plans do not show a great amount of what is going to
happen there, how traffic is going to ingress and egress except right
in front of the building. There is a lot of traffic in and out of
there and it will be during the peak hours of the traffic on Fairview
Avenue. This is one of the drawbacks at this location unless they had
another way to get off and on Fairview Avenue without just the one
point of ingress and egress.
Allison, at the present time there are two curb cuts in front of the
building that could be designated for ingress and egress, also in front
of the building is a fifth lane on Fairview Ave. which if going to the
West they could enter that fifth lane before entering the traffic to
the West. There should be no problem for the people traveling to the
East. Those who would be dropping off children would probably to a
majority,would be going East on to work. I personally do not feel that
this is as bad as the traffic at the present location.
Police Chief Porter, I agree with the concerns Councilman Tolsma has,
the is no specific plans for ingress or egress for the facility , in
fact today I learned they are going to remove the exiting home and
mobile homes on the West side, my thought is, is there a possibility
to utilize some of that for an access backto third street.
Allison, that could easily be done.
Tolsma, when they are fencing the playground, is that going to be
directly in back of the building?
Allison, Yes, it will.
Tolsma, is there any provision to get emergency vehicles back into
that area? We are looking at if someone got hurt being able to drive
emergency vehicle directly to the area instead of having to walk back.
Allison, provisions in the final plans could be made so there would
be no parking near or around the emergency gate out of the playground.
Striping could be done, something like a fire lane, etc.
Giesler, I also have a problem with the traffic, there probably will
be as much if not more than on Pine Street, you also have two lanes
of traffic instead of just one -to cross. I feel I need to see some
kind of a concept where the traffic would be able to egress and ingress
to another street.,rather than have everyone exit onto Fairview Avenue.
I think this is a serious problem that needs worked out.
Allison, I am sure that something can be worked out, the owners of the
building own the mobile home park and Cal- Is Service Parts building, so
I am sure something could be worked out for additional access and exit.
There was more discussion on the traffic problem.
Mayor Kingsford, if I might make a suggestion, if the Council has no
other problems with this request, that as a condition of approval that
the City Engineer, and one or two members of the Council and the Police
Chief meet with the applicants and figure some additional ways to
route the traffic and some signage showing this routing.
MERIDIAN CITY COUNCIL* •
JANUARY 5, 1987
PAGE # 4
Councilman Tolsma and Giesler concurred with the Mayors suggestion.
The Motion was made by Giesler and seconded by Myers to approve the
Findings of Fact and Conclusions of Law as prepared for the Planning
and Zoning Commission.
Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea:
The Motion was made by Giesler and seconded by Tolsma to approve the
Conditional Use Permit for Greenleaf Friends Academy for a Day Care
Center and School conditioned, -.upon the traffic patterns being resolved
with the City Engineer, Police Chief and the City Council.
Motion Carried: All Yea:
Item #3: Eagle Road Mall Agreement:
Mr. Phil Davidson, Claremont Development Company was present.
Davidson, our current agreement with the City of Meridian calls for
the -unwinding of our conditional annexation and zoning eighteen
months after we were granted the conditional annexation and zoning
which was November 4, 1985. so therefore as of May.5, 1987 our agree-
ment would be terminated. We are still pursuing various alternatives
for the development of this property . What we are asking for tonite
is for the Council to let that agreement rest until.the 4th of May
1987 and in between if we come up with an alternative we will be in
to see.you. a1i,leaving the agreement stand is going to cause any
problems in the next couple of months you could get back to us with
either a letter or notice of default.
Tolsma, we met this afternoon and I would have no problems letting
ride until May. -4, 1987. Do you see any problem with that Counselor?
Crookston, along the lines you are thinking about, you could either
let it run until May 4, 1987 or set a date certain unless the City
decided to act sooner.
Giesler, where do we stand as far as the default of the funds, do we
really have a problem with that at this time?
Crookston, the agreement itself does not call for a notice of default
procedure but it is customary under this type of agreement to send a
letter. We did this prior when the City had not received the Letter
of Credit so we have kind of established a prior procedure. The agree-
ment is in default at this time due to the fact that the payments have
not been recieved. If it is the City's wish to terminate the agree-
ment because the payments have not been met according to the terms of
the agreement, I think it is appropiate to send a default notice and
then if they do not correct within that period of time then the City
can terminate the agreement.
There was more discussion on this item: (Tape on file)
Crookston, if the Council decides to go until May 4, 1987 the only
letter that would be necessary would be a letter advising them that
CITY COUNCIL • .
JANUARY 5, 1986
PAGE # 5
the agreement terminates on that date, more or less as a matter of
courtesy. This would not require a default note in this case.
The Motion was made by Tolsma and seconded by Myers that the City
Attorney draw up a letter to Claremont. Development Company advising
them that the development agreement terminates on May 4, 1987 and
there will be two payments and interest due should development proceed.
Motion Carried: All Yea:
Item #4: Request by Cecil Cherry & Sons to continue until February
meeting consideration of the Findings of Fact and Conclusions of Law
on their request for a Conditional Use Permit:
Mayor Kingsford, Mr. Cherry sent a_letter and I believe all the Council
Members have received a copy saying he is out of town and would like
this continued until the February meeting.
The Motion was made by Myers and seconded by Brewer to continue the
Findings of Fact and Conclusions of Law on the request for a Cond-
itional Use Permit by Cecil Cherry & Sons until February 2, 1987:
Motion Carried: All Yea.
Item #5: 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 January 5, 1987 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 to present any. valid reason why the bill has
not been paid, their water shall be turned off on January 13, 1987.
In order to have their water turned back on, there will be an addit-
ional fee of $10.00. They are hereby informed that they may appeal or
have the decision of the City reviewed Oy the Fourth Judical 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 Brewer to approve the
turn-off list.
Motion Carried: All Yea:
Mayor Kingsford, the amount of the delinquencies amounts to $6979.37:
Item #6: Approve the Bills:
The Motion was made by Myers and seconded by Tolsma to approve the
bills:
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL•
JANUARY 5, 1987
PAGE # 6
Department Reports:
City Engineer, the water
the boring operation has
has been started from the
and sewer extension project is moving along,
started under the freeway and the water line
tower.
Councilman Brewer, the Fire Chief and I spent some time discussing
our dispatch contract with the Sheriff.Department and in consideration
of the Rural Department our split in the past has been 75/25. Our
contract this year as it existSis a total of $16,156.00. The Rural
Fire Department has suggested that it only be fair that this contract
be split 50/50 with the City. The Fire Chief realizing that this might
be coming up again this year and that it might be -fair to split 50/50
took the 50/50 split into consideration when setting the Fire Department
budget. So we have budgeted for this and if we choose to do this our
half of the contract would be $8,078.00. I would personally recommend
that we do this.
Mayor Kingsford, I have met also with the Rural Commissioners and they
suggested we do away with the 75/25 split. I do not agree with that
but maybe on this particular item we should go to a 50/50 split. We
also discussed a new truck and I beli&ve if we could do a joint venture
on a new truck we should probably. -look at this in the next budget year
something on a lease purchase as was done on the last truck.
The Motion was made by Brewer and seconded by Giesler that the City
split the dispatch contract on a 50/50 split with the Rural Fire
Department beginning with this fiscal year, which would make the
City's portion $8078.00.
Motion Carried: All Yea:
Mayor Kingsford, I have one thing I would like to commend all the City
employees on and ask this be passed on by the Department Heads and that
is the City received a 62% dividend from the State Insurance Fund on
our Workmen's Comp Insurance.
Being no further business to come before the Council the Motion was
made by Myers and seconded by Tolsma to adjourn at 8:20 p.m:
Motion Carried: All Yea;
, City Cler
Mayor & Council
P & Z Member
Atty., Eng., Ward,
=Fire, Police, Stuart
Mitich, Keibert, Hallett
Valley News, Statesman
ACHD., CDH., NIMD.,ACC,
ACZ,
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