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HomeMy WebLinkAbout2004 05-25 PreCITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, May 25, 2004 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Discussion of Area of City Impact: Discussed / Come back July 6, 2004 4. Sewer Service Discussion by Ralph Perez of Briarwood Corporation: Discussed *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre -Council Agenda — May 25, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre -Council Meeting Mav 25.2004 The Meridian City Pre -Council meeting was called to order at 6:10 P.M. on Tuesday, March 9, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Others Present: Gary Smith, Shari Stiles, Brad Watson, Bill Nichols, Mike Worley, William Musser, Dean Willis and Will Berg. Item 1. Roll -call Attendance: X Bill Nary X Keith Bird X Shaun Wardle X Charlie Rountree X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Rountree: I move we adopt the agenda for the May 25`h pre -council meeting. Bird: Second. Nary: It's been moved and seconded to adopt the pre -council agenda as presented. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Discussion of Area of City Impact: De Weerd: I will introduce this. I believe that you received kind of a taped together map of the area north of Chinden between Linder and the map of Locust Grove. Did they not --? Oh, it's on your computers. Here, you can look at mine. It's a very nice picture. I had some of the property owners approach me last week and since we do have this — some of this area in front of the Ada County and asking for it to be part of the area of impact, I did ask the property owners to come here tonight and share with you what they had conveyed to me. So, I will turn this over — I don't know who wants to be the spokesperson, Mr. Calhan? Carnahan: I do have some handouts. (Inaudible discussion) Carnahan: Madame Mayor, members of the Council, I appreciate the opportunity to make some comments on this area of impact discussion. My name is Doug Meridian City Pre -Council Meeting May 25, 2004 Page 2 of 21 Carnahan. I live at 4410 West Chinden Boulevard. Myself and several of my neighboring property owners are here tonight to talk about some of the proposals that have been made by several cities. We have a specific request that we would like to make. First of all, in running through those pages that I provided you with the person that is not here on the list is Drew Aigers. He is in accord with what we are going to propose tonight and ask us to represent his position, but Jaq Huitt, Leroy Brandt as you can see on your slide there in the audience. We own property that's bounded by Chinden and the Phyllis canal and the other way east west from Linder over to Black Cat. We actually own some properties on the other side of Chinden as well, but we really haven't wanted to address those tonight because we think those are being taken care of in other discussions. If I could move you to the second page, this will show the property that we own. Let me start to the left. The Aigers family owns that in the yellow, which actually does straddle Black Cat, but approximately 160 acres. The property to the green is property that myself and my wife own and we have a nursery that's in operation on that property. Moving further east in the blue — Rountree: Excuse me. Carnahan: Yes. Rountree: How big is that property? Carnahan: Our property is 220 acres. Rountree: Thank you. Carnahan: The property in the blue includes the Spur Wing Golf and Country Club and that property is owned by the Huitt family and leased to the Country Club and in fact, Jaq Huitt has developed a fair amount as you can see there a number of lots in that blue parcel and Jaq I am — you have probably what 250 acres in there? Huitt: (Inaudible discussion) Carnahan: And then Leroy Brandt who is with us has about 50 acres and that's shown in the purple. So, on the next slide, basically gets to the point of why we are here. We would like to participate in this area of impact discussion. We have read about different proposals in the papers and all that and thought we would take the initiative and go forward and make some — a specific request. At the same time, we have — we are at different stages of development on these parcels; like for example, Jaq Huitt has already developed a subdivision in the Spur Wing area, but others of us are working with architects and coming up with proposals and we just want to make sure that we are working with the right municipality. So, I could, if you would like me too, make a few comments about what our plans are for each of those specific colored areas, or at least our earlier thinking if you'd find that useful at this point. Would that be helpful? Meridian City Pre -Council Meeting May 25, 2004 Page 3 of 21 Nary: Sure, that would be fine. Carnahan: Okay. Well, if I can take you back to the colored map. The Aigers family in the yellow, they are probably the furthest out in development planning. They think in about over — probably in about the ten-year timeframe, they want to be doing construction. Their interested in doing low-density residential out in the rim and then as you move closer to Chinden, probably a little bit higher density residential; when I say low-density I am thinking like one acre lots and higher density is maybe four -quarter -acre lots, something like that. Then selectively commercial may be around the corners or as fits the rest of the development. Our plans in the green are to, basically do something similar. We are going to take up kind of a golf course theme, but we could see single-family, low density lots out on the rim; more higher density as you move towards Chinden and then maybe some selective commercial. We do have an office for our nursery in that along Chinden as we (inaudible) today. Jaq, I don't know if you wanted to comment about your plans. Huitt: Inaudible. Carnahan: Basically, Jaq has developed a lot of the property already. He does have a plan to build some condominiums and some patio homes towards Chinden and you can see an area that is kind of looks like a little gray line and that's the — his proposal, he's held up because sewers aren't available as of this time. So, that's what he is waiting for, but he is ready to go. Leroy Brandt in the purple property has active dialogue with people that are interested in that property and his thoughts are a mix of residential and some commercial selectively near the comers. So, back to our priorities; sewers. Availability of services to that area. We want to be included early in the area of impact and this decision-making process. We are concerned that all this — I will call it difference of opinion as to who's, what cities area of impact we should be in is going to really slowdown the process and this could be contentious and we would like to get beyond that, have it decided and move forward. Then the last thing that's a priority for us, we do — we are interested in not just putting five acres lots out there. We are interested in mixed use. Like I said, low to medium density residential and light commercial. So, our last page in our request is real straightforward. We think the property that I have shown on the map there that's founded by the Phyllis Canal on north, Chinden on the south, Black Cat on the west end and Linder on the east end. We think that should be in the Meridian area of impact. We also — it's obvious we think you are in the best place to serve those properties. We own properties outside of those bounds and then maybe, for example, Spur Wing Country Club would be if the dividing line was the Phyllis Canal, Spur Wing would be in two different areas of impact and you may want to modify the line to accommodate some of those developments already in place. We certainly are open to discussion, but we do believe Meridian is the correct city to have that in their area of impact. We would like the area to be served with services and we would like some support for all what I call mixed-use Meridian City Pre -Council Meeting May 25, 2004 Page 4 of 21 development as opposed to just being all five -acre lots. So, that's the request. We are open for questions or thoughts or comments. We would appreciate some feedback. Did I run out of time? Nary: Council, do you have questions for Mr. Carnahan? Bird: Mr. President, I got one question. Nary: Mr. Bird. Bird: Mr. Huitt might have to answer this. What you are saying is the existing houses and stuff at Spur Wing is wanting to come into the city limits of Meridian? Carnahan: What — I think they are talking area of impact. Bird: Area of impact. Just the area of impact? (Inaudible discussion) Nary: You probably need to come up here, sir. (Inaudible discussion) Nary: Sir, I need you to be on the microphone. That's all right. Huitt: Excuse me. I haven't canvassed the homeowner's within the Club. I have an additional 19 -acre parcel that I want to do high density residential and so my interest is from that standpoint there. As far as the owners there, they all have — of course we all Meridian addresses in that part of the Valley, but we haven't canvassed the individual owners yet to see if they would want to be in Meridian's area of impact or not, which would ultimately be within the City of Meridian. Bird: Mr. Huitt, let me ask you and this is probably a dumb question, but in your blue area here, isn't the Spur Wing Golf Course included in that? Huitt: Yes, if you see the section of lots where it says Volada Court? Bird: Affirmative. Huitt: Okay, then just below that there is kind of a thin gray line that goes down. It's almost sort of shaped like a bow tie, right there. That would be the area, which would be developed. Bird: Okay. Huitt: Then that would be — that would complete the development for residential at Spur Wing. Meridian City Pre -Council Meeting May 25, 2004 Page 5 of 21 Bird: That's the one there along (inaudible) the north? Huitt: Yeah, one, two and three. It's just to the right of the first, second and third hole. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: I had a question for Mr. Camahan. You had indicated that the Aigers property was looking somewhere around ten years out for construction speculation on your parcel? Carnahan: We are thinking probably two to ten years we would like to see construction in that type of timeframe. We have already made commitments to take a lot of the growing from that nursery and move that to other locations and so that's commitment is taking place as we speak, so, or the move is taking place, so we think we could be moving dirt over the next two to three years, but it would take some time to develop 220 acres. Rountree: Thank you. De Weerd: I believe, Mr. Huitt had mentioned 2008 for your project? Huitt: Yeah, right now when we did our development under the non-farm, this remaining section has to be in open spaces until 2008. The demand is there as far as what we have. We have a list of a number of people and as soon as we are ready to go, you know — so, it's a very high demand, which would be high in single-family patio homes and those kinds of things. De Weerd: Thank you. Nary: Council, any other questions or directions to staff? Mr. Rountree. Rountree: Mr. President and Mr. Carnahan. Recognizing that currently this area is in the City of — or at least mostly in the City of Eagle's area of impact, I believe. Is it not? It's all of this? De Weerd: Their request is — Rountree: So, they are a two lender then? De Weerd: They are a two lender. Rountree: Okay. Meridian City Pre -Council Meeting May 25, 2004 Page 6 of 21 Carnahan: Yeah, this is all in the county now and Eagle has made a request to include it in their area of impact. Bird: It's nobody's impact now? Carnahan: Correct. That's my understanding Nary: Madame Mayor. Oh, is Mr. Rountree done? Rountree: I am confused on that issue because I thought Chinden was the line of demarcation and that that was on a map somewhere. De Weerd: I have a map in my office if you'd like me to share it with you. They are asking to extend their area of impact from Linder to Black Cat, clear — Rountree: North of Chinden? De Weerd: Yes, north of Chinden and then it would kind of squiggle over to Highway 16, north of the river. Rountree: Okay. De Weerd: It is the recommendation of the Ada County planning staff that this area not be included at this time. So, that's where the Ada County planning staffs recommendation is. Rountree: Not being included with the City of Eagle's? De Weerd: In the City of Eagle's? Or the City of Stars. The City of Star is looking for the area to Black Cat, so they would go to Black Cat and then Eagle is asking (inaudible) from Black Cat to Linder. Rountree: Okay. All right. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess in talking with our Public Work's staff. They are in the process since there is — there will be annexation routes to this so they will be contiguous. They are looking at kind of doing a master plan and if I am wrong, please tell me — no, really don't. (Laughter). De Weerd: -- but they are looking — there is the south east comer of Ten Mile and Chinden that's being explored and some other property around there. So, if Meridian City Pre -Council Meeting May 25, 2004 Page 7 of 21 the Council would like to have this area included in some of the master planning for that area, now would be the best time to master plan it. Is that correct? You can say no. Nary: That sounds like a (inaudible) to you, Mr. Watson. Watson: Thank you, Mr. President, Madame Mayor, Council members. The south east corner of Ten Mile and Chinden there are at least one developer who is trying to pursue coming in with a development application and — well, I will spare you the details. It's not in the right sewer area and they want to pump back to the other service area. I told them that in order to do that there was another project that was withdrawn about a year ago that they would have to coordinate with. When I was telling you about master planning, it was a fairly fine -eyed little area no more than probably 60 acres on that comer and we didn't anticipate actually having JUB or somebody like that do a master plan. I was just anticipating having staff coordinate between the two developers and, I think, one other parcel that hasn't shown any interest in developing, yet. So, the scope of what I was intending to do on that corner was fairly limited. De Weerd: But, it could get bigger. Watson: With your direction, it certainly could get bigger. Nary: Mr. Wardle. Wardle: Mr. President in the discussions that we have had about area of impact and certainly these things have been spurred by the City of Eagle and the City of Star. From what I have heard the Council and the Mayor say is we would like to hear from the property owners and the neighbors and see what they would like to do. We have had some discussion about whether we can service that area and staff gave us a presentation several weeks ago as to that we would need to do a study to further see that happen, but if I remember Brad saying "could be possible" was not definitive, but could be possible. So, what I am hearing tonight is that the property owners and the neighbors would like to come in and from my just brief description that I heard tonight from Mr. Carnahan, would like not only to do just five -acre parcels, but some of the things that I heard fit into the comprehensive plan for some of the things that we are seeing in north Meridian that we have promoting and so, certainly — I am not sure the right direction as to where to go or how to pursue this, but it appears to me that this could be a fit for the City of Meridian given some of the things that I have heard about Ada County and they have recommended taking that out of some of the other areas of impact. I think it certainly warrants further discussion and the other thing that I would like to say is the neighbors are not coming in with a specific application requesting services tomorrow; they would like to know what our timeline is because I don't think we — or I know we don't have a definitive timeline to give them right now for service ability, but they are asking not just for sewer services, Meridian City Pre -Council Meeting May 25, 2004 Page 8 of 21 but entire city services and would like to be part of our community as a whole. So, I will put that out for discussion. Nary: Mr. Carnahan one of the things that I noted in your presentation is that you said you wanted to — you and the other property owners want to be involved in the decision-making process and make sure you are talking to the right people and why, so have you done this presentation to the County? Carnahan: No. Nary: Okay. Have you talked to either the City's of Eagle or Star? Carnahan: Yes, we attended a meeting that was held by the City of Eagle for planning discussion, but when we attended that a lot of work had been done, but the people up on the bench where we live, to be honest, hadn't been included in most of that planning and so it was kind of they acknowledged that yeah we are kind of late and that was their fault, but we did attend and we provided and raised the question what about services? Their comment back was that services like sewers for example, could be handled on multi -agency agreements and that the political boundaries didn't need to match the sewer boundaries. Maybe there is some good way to have a city fund sewer systems and all that kind of stuff and get returns, financial returns from extending it into other city's areas of impacts or other cities it just seems surprising to me that that would work. Rountree: Good deduction. (Laughter). De Weerd: We are trying to be polite. Carnahan: Yeah, I was too. I don't know whether I was or not. Bird: We don't really want to tell you what we think. Nary: Well, Council I think this is a very good presentation by these property owners. What would you suggest they do? I think at this juncture —just to sort of recap where we have been, I think at this point we had recommended or had commented to the County to study this area thoroughly to make that assessment, essentially as these property owner's have asked as to where is the most appropriate area of impact, if any, this property should be in. Obviously, before we could commit further resources of the City we would have to make that decision as well as to whether or not we wanted the Public Works Department to do further study and further modeling to sort of carry out this possibility as to whether or not it is feasible for the City of Meridian to serve this area at some point in the future and whether it makes the most sense to us to, instead of advocating a somewhat neutral position to the County we are really advocating more with you that this area should become part of the Meridian area of impact. Meridian City Pre -Council Meeting May 25, 2004 Page 9 of 21 Bird: Mr. President. Nary: Mr. Bird. Bird: I will give you my opinion. I feel that this is an ideal area of impact for us. I feel we can service it if we have to go to lift stations. Everybody else around here does the service things. This isn't something that they are going to want to start developing tomorrow. It's something that's down the road and I will certainly welcome this into our impact area and I think it's the most logical to be in our impact area. That's my opinion and I would help to do anything we could to get (inaudible) anything back there. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: I am not going to offer my opinion, but it is so nice to have folks come to Meridian and want to be part of our community. I think we ought to put a hand out to these folks and take a look at this request and look at the feasibility and be genuine and upfront with you and let you know what our timeline is, what our potential costs are, what kind of partnering we might want to do with new landowners and see if this realistically can happen. I agree with Keith that this certainly would be an ideal northern boundary for the City of Meridian and it's consistent with the Fire District and the Recreation District that surrounds us as well and the library district and a lot of things that are within that boundary. Nary: Mr. Wardle. Wardle: Mr. President. I would also agree with comments and as far as from an action step, I think we need to see some costs from Public Works as far as what a study would look like, so that we can make good decisions on how to proceed, but in the interim process, I think to note that this is not a pressure being driven necessarily upon the City of Meridian by our municipality, but is affecting some of those municipalities around us. I think it would be good to bring the property owners because they have obviously organized and come up with a plan and to have them also contact the County and at least make sort of either a presentation or a written form and to certainly at this point support at least a delayed decision on this area from the County so that, again they are recommending this again at this point, I think it would be — we have already submitted that we should, I think that it would bring these property owners in to recommend that a decision be held off until we have all the answers would be appropriate at this time. De Weerd: Mr. President. Nary: Madame Mayor. Meridian City Pre -Council Meeting May 25, 2004 Page 10 of 21 De Weerd: I would agree we do have a hearing on Thursday and I think it would be appropriate for you know — the Eagle area of impact will go to Black Cat and if the Aigers would like some of this as a part of that discussion, I could also attend and provide testimony, again to remove this area from the applications until further information can be sought and if the property owners don't mind then I would share that we have been approached by the property owners for the majority share between Linder and for that area of impact in question to come into Meridian and we likely have already stated in testimony would like to know who can best service that area in the least amount of time and the least amount of price to the property owners and that has been our statement to them and I think it's fair to continue that. I believe that Meridian would be the first to be able to service that and Eagle's comments are exactly them thinking we would service it through contract through them and if we are going to provide services it makes more sense that we would provide all the services and it would be part of our City. Nary: It's very typical when politicians say we are not going to give you an opinion and it sounds an awful lot like an opinion. De Weerd: I already told them my opinion. Nary: I guess I looked at it as a couple of steps. Obviously, there are some short windows that we need to address and I think Madame Mayor suggestion of participating in the next meeting on this — both for you folks as well as for us to be a participant in that discussion. I leave it to the Mayor's discretion on having the same discussion prior to the meeting with the mayor of Eagle. You know, what we are not giving an opinion is really waving into an issue to this point that we have taken a fairly neutral position about and I agree with the rest of the Council members. I think it does make sense that this area — Chinden has been this artificial line for no reason and it's just a road that happens to be there. It's not because it made any particular sense of planning ownership, long-range objectives, and sewer ability. It's just a road and that's it and as we have found over the years, the roads themselves aren't laid out in some definitive way to determine which part should be in which city and we have had to address that. I don't look at the road as a barrier. I think there is some practical sense. I agree with the Mayor that it doesn't make sense for the City to extend services across the street from the City to provide service to an area and then have that area be in another city. It just doesn't make that much sense for us. So, I think that being said, we probably need to consider in fairly short order some other things from the staff level as to what would be the cost of doing some analysis to make that if we are going to make an application or we are going to participate in the discussion stronger than we have been from the City that this should be in our area of impact we probably are going to have to understand for all of us what's that going to take. What's the process for us? How does that impact all of you? What roles should you folks play and again what's the impact and cost to the residents for us to do that? So, I think we are going to have to sort of keep that Meridian City Pre -Council Meeting May 25, 2004 Page 11 of 21 on our radar. I don't necessarily think we have to make those decisions tonight, but I think we are going to have to go down that road fairly soon if that's what we want to do. Unless someone else tells me I am off on my thoughts, I think that's how we are going to get there. In the short run, I think the Mayor's suggestion is probably in the immediacy is probably the best way to go. You can have the last word. Carnahan: Okay. Well, just to bring clarity to something for my benefit and maybe your benefit as well. On the issue of you being able to state that you have been approached by the property owners and they want to be part of Meridian, the answer is we support that. You can say that publicly or there is no problem with that issue. So, that's clear. If you would like us to talk to the Mayor of Eagle and explain our position — that's — we are willing to do that if you consider that and just — we are willing to do that if you would like us to participate in the County discussions and have us make a similar presentation we are willing to do that. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I think it's more appropriate that I talk to the Mayor of Eagle and talk to her about what happened at the meeting tonight and — but, I do think it is appropriate that you do provide testimony at the County meetings and state your interest. I guess what I would like to also ask is Council to give some direction to staff on maybe what the steps necessary would be and give them an idea of when we would like to hear back on those next steps. Nary: Mr. Wardle. Wardle: Mr. President. Wardle: Brad, what — when do you think it would be possible to give us just a brief outline of what steps it would take to make — to give the Council and the Mayor enough (inaudible) to make a decision? Watson: Councilman Wardle I would undoubtedly speak with JUB on this issue. It's going to take a little bit more time than it ordinarily would because of what we have their people working on right now; it's the Black Cat project that we are right in the middle of — the most intense part of the design. Complicating that is that we have issued an RFP for the wastewater plant design where we will be interviewing them and they will be preparing for interviews. All that said, three to four weeks, probably four would be ideal to get with them, look at what a proposal would be, look at what the cost for proposal to study this area would be and bring it back to you. Wardle: Mr. President. Meridian City Pre -Council Meeting May 25, 2004 Page 12 of 21 Nary: Mr. Wardle. Wardle: I guess just to be clear the first step would be to talk to them about doing really a feasibility study. Is that kind of what we are talking about? A sewer feasibility study? Is that --? Watson: Right. Councilman Wardle what we would probably do is ask them for a proposal that's broken into several phases. The first part would be the mere feasibility of it. Second would be maybe a little more detailed analysis of what the layout might be, along with that would be cost. So, it would be a phased approach, probably at each point we would come back to you with a no go, go no go request from Council. Wardle: Mr. President. So, Brad in say four weeks we could have a pretty good idea of maybe timelines and cost? Is that --? Watson: Yes, I believe we can. Wardle: So, would July 6t" give you enough time? Watson: Yes, I think that would be great. Thank you. Nary: Council is everyone comfortable with that if we ask Mr. Watson — Ms. Powell is not here right now, but I think we will probably want some input from the planning staff as well as to the same issues; feasibility, what the process would be from the City's perspective. I think we are going to do some other things in the meantime, but July 6t' if Council is all right with that. Rountree: Fine with me. Nary: Is that going to work, Mr. Watson? Watson: Yes, it will thank you. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: Just to clarify for the property owners, staff will come back July 6th detailing the next steps for what we need to do to plan for this area and see the feasibility and sewer -ability. Is that correct? Affirmative. De Weerd: Okay. Meridian City Pre -Council Meeting May 25, 2004 Page 13 of 21 Carnahan: Great. Thank you for your consideration. De Weerd: So, if you'd like to join us then, we would certainly welcome you. Carnahan: Thank you. De Weerd: Thank you. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: I think that somewhat hinges on what happens this week with the County as well. De Weerd: This week is just — no. It's this Thursday night, the 27th and this will be just Star's and there is only part of the Aigers property in the Star area. Rountree: Okay. De Weerd: I don't know when the public hearings are for Eagle, in fact, one of you might need to attend with that (inaudible) when I am out of town. Thank you. Carnahan: June 1st? De Weerd: June 1st I will be in town. We will join then on June 1st. Item 4. Sewer Service Discussion by Ralph Perez of Briarwood Corporation: Nary: If you recall, this is from a couple of weeks ago. Mr. Perez is here and if I recall correctly and maybe somebody remembers this better. I think Mr. Perez did make his presentation about this area north of Chinden as well off of Meridian Road area and I think we basically said come back in a couple of weeks while we think about it. So, I don't recall we gave any other direction than that, so if we did I don't recall. Did we give you more direction? I didn't think we did. I think we said we'd think about it and — Perez: Mr. President, Madame Mayor first of all let me just say thank you for allowing us to come back again. I am glad I got to hear the last testimony, but probably would be more confident if I was up first tonight than second. I think there is obviously some overlapping issues there. As I understand it, I was to come back in two weeks with trying to get some more details. The Mayor had asked me to write her a letter, spelling out a little bit in more detail what I am proposing. I did attempt to get a hold of the Mayor to ask a couple of questions, but I know the schedule is been real busy and it came right down to the end here, so I didn't get you that letter, but I did provide to the Council and the Mayor a Meridian City Pre -Council Meeting May 25, 2004 Page 14 of 21 copy of the agreement that the Eagle Sewer District has with the City of Boise and since I am not an expert in how this is actually going to work out when you ask me for more detail, I am thinking okay, I have got to go get that detail from somewhere else because I don't have that information myself, so that agreement I think had a lot of the information that will be helpful in it. Also, I did — we did meet with JUB Engineering in order to get a proposal from them that would give us an idea of the costs involved in doing the study to determine whether or not it's feasible for you to service this area. I believe you have a copy of that proposal from JUB as well. Can I add that in lieu of the previous conversation that you just had with the area north of Chinden, it seems clear that in general you are not inclined to provide services unless, you know, it is your area and you are going to be providing all the services. I would like to point out the differences between what we are proposing and the issues that are west of Linder. First of all the Linley family and the properties that we are discussing here are already in Eagle's area of impact. If not, we would have been standing right here with these other folks tonight, suggesting the same thing. I am sure the Linley's — you know they have been trying to develop their property now for many, many years and wish they would have been able to have the opportunity not to be in the Eagle's area of impact today if they had that option. So, we understand why the other folks are trying to get a head of the curve here, they don't want to be in the same boat that we are in currently. The other issue is that the City of Eagle provides no services for sewer. It's the Eagle Sewer District that provides these services. The Eagle Sewer District does not go west of Linder Road. The area that you are discussing with these property owners does not fall within their area of impact or even in their future planning area. It goes to Linder, drops off the bench, pretty much goes along the boundaries, I believe, of the area — if I could see the map I was seeing here pretty well skirts around the north of it. So they are not even in this area. Maybe that's a point for discussion that in an agreement that we drafted, perhaps there could be some agreement that they would not requested to expand their area into that area. That's something that could be open for negotiation. So having said that the proposal that we got from JUB to determine whether or not you had any additional capacity in the north slew trunk line, I believe Brad is it — or is that what we are asking for in Linder Road -- there is two proposed ways to do it, but either way the cost is a little over $9,000, close to $10,000 1 believe, which is a cost that — a little over $9,000 is a cost that we, the undeveloped property owners in this affected area are willing to pay to determine whether or not you have that capacity. It would be either way we would have to have a lift station to pump it across Chinden either near Meridian Road or at Linder Road depending on which of the two ways we would end up having to sewer it. So, politically I know we are in kind of a strange quagmire here. I was hoping not to have to be in that, but I saw it coming. Again, I think there are significant differences that would not affect your negotiations with the County. I believe that it makes perfect sense that the area — in fact I think that this is a fine example of why the area north of Chinden, west of Linder Road should be in Meridian's area of impact. It's obvious that the City of Eagle is not in a position to provide the services, the environmental services that are going to be required to service that area, nor has there been any plans to even address, providing that Meridian City Pre -Council Meeting May 25, 2004 Page 15 of 21 they don't have the district that doesn't go out there, they don't have the planning in place for future ability to service that area. So, the only hope that Meridian would have to service that area is if they came to you and — the City of Eagle, excuse me — and had an agreement directly with you to service their City in that area. This is a completely different issue. This is the Sewer District asking you to provide sewer treatment for their current area. I hope that's a significant enough difference and maybe we can be helpful in your negotiation and we would be more than happy to testify as to the problems that we have had in trying to develop in this area because we are in fact in an area that does not have services. Nary: Council, is there questions or comments for Mr. Perez? I guess my comment is that, you know, I agree with you I think it is different. I mean the situation with the other areas that are served by the City of Boise is really just essentially selling a commodity. They are selling space in the sewer treatment plant. They are not extending service. They don't extend lines. They don't extend anything. All they do is they allow someone outside the City limits to hook a line — hook their line up to the City sewer line. They meter that line. They basically — they count the billing from that meter and they just bill for the services. They are just selling capacity and that is different from what the other homeowners are asking. I think based on the comment of the prior property owner, that's essentially what it sounds like Eagle was telling them if they (inaudible). I wasn't there, but it sounds from his testimony that's what they were telling them is you can be in our area of impact, just like the area you are representing here and you can go essentially pay for capacity in the Meridian Wastewater Treatment Plant and go get sewer service that way and we don't have to provide it to you. So, I agree with you. I think it is different. I think the issue before the Council here is do we want to get into that business and if we do, what's that going to take? We didn't — we specifically didn't ask Mr. Watson to tell us that in two weeks, so I think we need to know, Council, do you want to do that? I think the last comment I recall at the last meeting was we are already working to serve our area of impact now; do we want to get into the business of doing this at the same time? That's, I guess the group's decision. Madame Mayor you look anxious to make a — De Weerd: No. Rountree: You just look anxious. Mr. President. Nary: Mr. Rountree. Rountree: I think you stated it quite well in what Meridian is undertaking and has planned to do over the last number of years, not just recently; but we have planned to accommodate our area of impact. We have sized our package plan accordingly and as you heard earlier, we have yet another RFP out for an additional improvement and expansion of that facility and we also have additional folks who want to become part of the City of Meridian; if that happens we have to Meridian City Pre -Council Meeting May 25, 2004 Page 16 of 21 figure out how to accommodate them. I am not — I was going to say uninterested, but that's not true I am interested in the plight of the folks that you are representing and yourself, but I am not sure that I am ready to have the City of Meridian become a merchant of capacity within our Wastewater Treatment facility. Perez: Mr. President. Nary: Mr. Perez. Perez: Thank you. I understand that. I guess I would just state that the nature of this agreement is very limited. You are under no obligation to enter into any other agreements of this kind. It's a very specific area and it's a very low density of houses. We are looking at 300 to 350 homes; that's not a lot of capacity, but it would mean a big difference to the Linley's and if they have an opportunity, Mr. Linley would like to say something this evening if — I know we are running late here. I guess what we are asking is obviously what we need in order to even proceed to determine whether you have got the capacity is the authorization from the Council to allow JUB to use your 2003 modeling information to accomplish our study. So, that's what we are asking for here this evening and I will just leave it at that if I may unless there are other questions and if Mr. Linley could say something. Nary: Just one more thing — (Turn tape over) Nary: I guess I don't have as big an opposition to your proposal. When I look at, I guess — if you folks were — if you and your clients were standing here saying our systems have failed and we need it. We just don't have the ability to rebuild these systems that we have now and we need it. That's why the City of Boise got into that business of selling that capacity was to basically deal with the health and safety of the community. We probably — the discussion would be different. You just happened to be here early before your systems failed and that's okay, that's good. What I guess I am not willing to do is commit the City of Meridian's resources to studying your proposal. But, I think you are asking us to commit your own. Perez: That is correct, Mr. President. Nary: Study this proposal, see whether or not this agreement and then basically, I think what we would be asking our staff is would this essentially capacity sale, would this detract from our ability to carry out our sewer master plan? Would this somehow speed our capacity up sooner than we anticipated? Would it then hinder our ability to serve within our community and within our boundaries, would this somehow impact the necessity of building on to the treatment plant sooner? And if it is so, what's that cost and what's that cost going to be to the other Meridian City Pre -Council Meeting May 25, 2004 Page 17 of 21 users? How are we going to recoup that through this agreement with you folks? But, I guess for me to study it, to see whether or not it makes some practical sense and what the cost would be to the City, I don't have any aversion to that. I think having that information gives us at least something to make a better decision on. I don't, at least for me, I don't feel like I have enough information to say no. Perez: Thank you, Mr. President. That is correct. The only, I guess to be really straight forward about it, there would be a need from time to time as JUB was doing their running their calculations, there would be a need to discuss their progress with Mr. Watson and make sure that they are making the right choices. So, some consultation time of your staff — a very limited amount, would be required with consultation with JUB. To that extent there may be some resources, but the financial resources and the major work would be all done by ourselves and JUB. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just a comment. While I understand and what Mr. Nary said sounds reasonable, I feel — I certainly don't want to send a group of people out to spend resources studying an issue that we are addressing even within our own city. We have had individuals that are property owners come and ask us when they are going to be able to receive city services and they are within our area of impact and so at that level I am not as comfortable saying go out and do a study and bring it back. I am not sure that the result is going to help that much at this point and time. That's my opinion. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: I am not opposed to having the study moved forward. I just want you all to know that at least from my perspective that I am not inclined to be favorable, though my mind is not made up, it's pretty close. So, you know, don't go into it with rose colored glasses thinking that my 9 or 10 thousand dollar investment is going to get me in because — (inaudible----). Just to be fair. Perez: Mr. President, Madame Mayor. Nary: Certainly, go ahead Mr. Perez. Perez: I understand that, I guess the idea would be that if the study did not determine any negative impact on the City of Meridian and it's ability to grow into the future that I guess I'm (inaudible) in being able to move forward is that there is a reasonable possibility to utilize any capacity that is there, again, that if Meridian City Pre -Council Meeting May 25, 2004 Page 18 of 21 provided your staff makes the determination that there is no negative impact to your community. If there were negative impact found, then obviously you need to decide accordingly. Bird: Mr. President. Nary: Mr. Bird. Bird: I agree with Shaun and Charlie to a degree, not 100 percent, but the problem I see out there is the impact and stuff isn't going — and like Charlie says, if you go spend 9 or 10 pounder there is no guarantee. I have a problem servicing other cities' impact area, the same as I would have other sewer districts or water districts coming in and servicing our area. I think it's like Mr. Wardle said we have got a tremendous amount of our own impact area that has been our impact area for years that we are not ready to service and there are developers out there wanting to develop it. I think that we have to look at that. Now, if you get out of the Eagle impact area, like the proposal was brought to us before, hey (inaudible----). This is one guy to take a good hard look at it. Rountree: This is one guy that would take a real hard look at that too. I am sure the Linley's would be jumping for joy. Bird: I think we are just doing some things that probably isn't — we shouldn't be doing at this point; stepping on other municipalities' toes and their impact area. We would not like them stepping on our toes. We have had that done to us. We don't like it. We have got a thing coming up before us right now that another municipality is trying to take some stuff away from one of our taxing entities. I am like Mr. Rountree, you can go do that, but make sure you understand that there is no guarantee that we are going to do it. If you spend your 10 thousand dollars, there is not guarantee that this guy going to vote for it. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I would just like to follow up on something that Mr. Perez says and said. That was that if the study determined that the staff level that there wasn't any negative impact that you would assume that you could proceed forward with that process and well, not in my opinion, but in fact, that's a policy decision determined by this Council, not a staff level decision that if there aren't or doesn't appear to be any negative impact based on modeling that it will automatically happen. I just again wanted to — before any resources or time is spent that it is a policy decision that will come from Council. Perez: Mr. President, Madame Mayor. Nary: Mr. Perez. Meridian City Pre -Council Meeting May 25, 2004 Page 19 of 21 Perez: I appreciate that, Mr. Wardle. Mr. Bird, I just would add one comment to what you had said. I agree with 100 percent of with what you said, however, if the City of Eagle was not in favor of this agreement in order to sewer their area, in other words in realizing that the City of Eagle is not part of this sewer district, but if they were also to step forward and say hey we don't have a problem with this then would that tend to alleviate your concern with regards to stepping on anybody's toes? Because I believe that and maybe Madame Mayor could raise this issue in her conversations with the Mayor of Eagle. They would like to have our development. Obviously it's going to be their tax base, whether you provide the service or don't and they want to see the development occur realizing that this is really the only way that it can occur. So, I think they would be very much in favor of that. Bird: Well, I am like Mr. Rountree; I'd have an open mind on that. A lot more open at that point than it is right now. Perez: Thank you. Nary: Yeah, Mr. Perez you were reading my mind. I was going to ask the Mayor to see if she wanted to add this to her agenda to discuss with Mayor Merrill. De Weerd: I have a growing list. Nary: And to at least get their feedback because obviously we aren't in the business of stepping on other people's toes. We don't like it. Other entities don't like it and we are not wanting to do that. I don't think we probably could make it any clearer that you know we are willing to let you spend your money, but a year from now you are standing here saying we spent 10 thousand dollars studying this you have got to do this for us, we are not promising we are going to do anything. Perez: I promise I won't stand here and tell you that you got to do anything today. Nary: Well, we record all these meetings and we will remember that we said that to you. I am sure that we will make sure to bring that back up to you, but if you want to proceed and study that I certainly don't have an objection and I am not hearing a boisterous objection from the rest of this Council to go ahead and make that study. Am I reading that correctly, Council is that all right? With that caveat that we have given you if you want to study that and get with our staff when it's at their convenience to be able to work that in, I think Mr. Watson is pretty busy, but to work that in with what they got to do they've got to do they certainly will work with you. Perez: Okay. Meridian City Pre -Council Meeting May 25, 2004 Page 20 of 21 Nary: Is that a fair assessment, Mr. Watson at your schedule? Watson: Yes it is Mr. President. The only thing that Mr. Perez is asking is that we allow him and his consultant to use our work product, which is the sewer model and unless you have any objections I will release JUB to use that. Nary: I think that's okay. Watson: Thank you. Nary: Mr. Smith did you have any thought that you wanted to add to that before we are done? You can always make a comment later. Smith: Mr. President, Mayor and Council members I guess it's just an issue that we need to look at for that whole area between Chinden and the bluff. You know, I don't want to — I understand what Mr. Perez's issue is and his objective and the other property owners that came before you earlier this evening, but it seems like the whole area needs to be looked at really hard as far as sewer services are concerned. The other thing that always is in the back of my mind is the length of time that it takes to develop treatment capacity at the wastewater plant as compared to the length of time it takes to develop a subdivision with a lift station and a pressure line and those two things are apples and oranges. As Councilman Bird said, we are trying to keep some excess capacity at the plant for the properties that we presently have within our area of impact that can be served, such as the Black Cat trunk extension area. So, we really got some multiple balls in the area you might say and I really need to be careful about how we proceed and that we do it in a group effort in a larger area so we don't continually have to address these individual projects. JUB's well versed in our plan, they developed it for us. I know that will be upper most in their mind, but I just wanted to kind of reiterate that. Thank you. Rountree: Thanks, Gary. Nary: Thank you. I don't want to cut off Mr. Linley if he would like to have a few moments that certainly fine before we are done. Perez: Thank you very much. Linley: My name is Tio Linley. I live at 4125 Harbor Point, Meridian. I just wanted to thank you. It's a tough situation when your landowner. My family bought this property in 1958 and he is getting up in the years now and trying to retire and we just hit a lot of things that we couldn't get through with Eagle City. I won't say it's a last resort, but it's — we appreciate you looking at this and I really even though the people that maybe were in front of us, I understand where they are coming from and I certainly wish we could have done that and got ahead of the curve knowing what we know now. I can tell you that to answer you, you are right there is a problem area — everything out there. As near as we can tell there Meridian City Pre -Council Meeting May 25, 2004 Page 21 of 21 is no answer. There is no place for us to go, so I thank you for the opportunity and just hearing us today. Thank you. Nary: Thank you. Council, we are at the end of our agenda if you would make a motion to adjourn. Rountree: So moved. Bird: Second. Nary: It's been moved and seconded to adjourn the Pre -Council meeting of May 25th. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY DE WEERD, MAY ATTESTED: 6,22,0 F DATE APPROVED "N""1111111111" 1" \ OF ME/��y9 �'.. OPA SEAL G. BERG, A., CITY CL CQUN