HomeMy WebLinkAbout1995 04-18
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, APRIL 18,1995 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD APRIL 4,1995:
(APPROVED)
1. CLAIRE BOWMAN - ADA PLANNING ASSOCIATION: ADA COUNTY
INTELLIGENT TRANSPORTATION SYSTEM:
2. TABLED APRIL 4,1995: DEVELOPMENT AGREEMENT FOR RAVEN HILL
SUBDIVISION: (APPROVED)
3. ORDINANCE #701 - FULLER REZONEll~O: (APPROVED)
4. ORDINANCE #702 - GAMBLIN REZONE/R~8: (APPROVED)
5. PUBLIC HEARING: REQUEST FOR A VARIANCE TO WAIVE REQUIREMENT
TO PIPE THE EIGHT MILE AND SAFFORD LATERALS FOR ASHFORD
GREENS SUBDIVISION BY BRIGHTON CORPORATION: (CONTINUE
UNTIL OCTOBER 17, 1995)
6. PUBLIC HEARING: REQUEST FOR A VACATION OF A STREET EASEMENT
BY W.H. MOORE CO.: (APPROVED; CITY ATTORNEY TO PREPARE
AND ORDINANCE)
7. PUBLIC HEARING: REQUEST FORA VACATION OF A SEWER EASEMENT
BY CITY OF MERIDIAN (ASCHENBRENNERS PROPERTY): (APPROVED
CITY ATTORNEY TO PREPARE AN ORDINANCE)
8. FINAL PLAT: THE LAKE AT CHERRY LANE NO.4 SUBDIVISION, 54 LOTS,
BY STEINER DEVELOPMENT: (APPROVED WITH CONDITIONS)
9. CONDITIONAL USE PERMIT REQUEST FOR A GIFT SHOP AND OFFICE USE
BY BRENT AND GWEN ALGER: (APPROVED)
10. CONDITIONAL USE PERMIT REQUEST FOR A DAY CARE CENTER BY RICK
AND GEORGIANA ELLIOTT: (APPROVED)
11. AMENDED ELK RUN SUBDIVISION NO.2 FINAL PLAT: (APPROVED WITH
CONDITIONS)
12. REQUEST FOR TIME EXTENSION ON SUMMERFIELD SUBDIVISION FINAL
PLAT: (APPROVED FOR ONE YEAR)
13. DEVELOPMENT AGREEMENT: TUTHILL ESTATES NO.2 SUBDIVISION:
(APPROVED)
14. DEVELOPMENT AGREEMENT: AVEST LIMITED PARTNERSHIP: (APPROVED)
15. PROCLAMATION: LAW DAY:
16. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENGINEER:
1. BID RESULTS FOR TERTIARY FILTER ADDITION:(APPROVED)
2. RATIFICATION OF SIGNATURES ON SEWER EASEMENTS FOR
FIVE MILE CREEK SANITARY SEWER EXTENSION; (APPROVED)
3. SANITARY SEWER LIFT STATION STUDY: (APPROVED)
4. WELL NO. 16 LOT UPDATE:
B. SHARI STILES, PLANNING ADMINISTRATOR:
1. HUNTS BLUFF NO. 2-2 STORY HOMES ADJACENT TO
MERIDIAN GREEN: (WITHHOLD BUILDING PERMITS ON LOTS
26 THROUGH 30, BLOCK 1 FOR 2 WEEKS)
MERIDIAN CITY COUNCIL
APRIL 18. 1995
The regular meeting of the Meridian City Council was called to order by Mayor Grant
Kingsford at 7:30 P.M.:
MEMBERS PRESENT: Walt Morrow, Max Yerrington, Bob Corrie, Ron Tolsma:
OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Mr. & Mrs.
Longdon, Joe Nouby, Gwen and Brent Alger, Boy Scout Troop #276, Claire Bowman,
Gene Smith, Tom Eddy, Doug Campbell, Chief Gordon, Loren Roberts:
MINUTES OF PREVIOUS MEETING HELD APRIL 4, 1995:
Kingsford: Are there any corrections, additions or deletions to those minutes?
Tolsma: Mr. Mayor, I move they be approved as written.
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve of the April 4th minutes, all those in
favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: I would like to take this opportunity to welcome Boy Scout Troop #276 with us
this evening, Scout Masters and Scouts it is good to have you with us.
ITEM #1: CLAIRE BOWMAN - ADA PLANNING ASSOCIATION: ADA COUNTY
INTELLIGENT TRANSPORTATION SYSTEM:
Bowman: (Inaudible) Thank you very much for the opportunity to come tonight and brief
you on this particular study. Our primary purpose in doing the outreach is to inform you
ahead Qf time that starting next Monday or so there may be a few phone calls coming your
way and we would like to have you informed about the subject matter of what some of
those phone calls might be. Especially since they will be triggered by us. The front page
of what I just handed out to you is an outline we have been using. We have been going to
City Council meetings, County Commission meetings and Highway District Commission
meetings for all of the cities, counties and highway districts in the 5 county area around
and including Ada County. Most of those people don't know anything about a regional
planning organization so I am providing a little bit of background on who we are and what
kind of projects we do within the County, things like that. In each case and especially
tonight my primary purpose is to talk about the inter-county projects that Ada Planning
Association is currently doing. One of these involves the Regional Public Transportation
Advisory Committee. There is a portion of the Idaho Transportation Department that is
dealing with public transportation now, the transportation (inaudible) single occupant
Meridian City Council
April 18, 1995
Page 2
automobiles, single occupant vehicle transportation especially transit kinds of things. They
have a good deal of interest right now in the rural areas of District 3 as an example which
are the 10 southwest counties of Idaho. In the transit needs of elderly and transit
dependent folks who live outside the metropolitan area where they can get bus service.
They are gOIng around the 10 county area and conducting a series of interviews and our
staff are providing some clerical support for that operation. Recently we also were
successful in working out an arrangement with Canyon County and especially the Canyon
County Treasure Valley Transit Association to conduct a joint Treasure Valley
Transportation Analysis. The effort there is to look at the east west travel between Ada
and Canyon Counties. If we can identify ways to reduce the total number of vehicle miles
that are travelled there. We count a vehicle mile as being every time a vehicle is on the
road and travelling for a mile. So If we can put 5 people into 1 vehicle mile where they
would have taken 5 vehicles before we have reduced by 4 vehicle miles, the number of
vehicle mites traveled. That particular effort is to Identify whether there are ways that we
can reduce the vehicle miles of travel and also to identify some specific steps toward
implementing measures in that regard. The last one on my cover sheet there and the one
I'm here primarily to talk to you about this evening is called the Intelligent Transportation
Systems Grant which we have received. The Idaho Transportation Department came to
us about 18 months ago and asked us to prepare a proposal that is the grant we are
currently working on. It turned out we were 1 of 12 successful applicants nationwide.
There are 2 of the 12 successful grants in the State of Idaho and these were nationally
competitive grants. So we feel very fortunate to have the grant here. Its purpose is to test
whether we can use technology to improve our understanding of where vehicles travel,
what their origin/destinations are, why they make trips. And secondarily to see whether we
can capture data that will allow us to predict more accurately the effect or hopefully the
positive effect of the Ada County Vehicle Inspection and Maintenance program. And as
a side benefit of that whether we can find mechanisms to reduce the cost of that program
if it is working in the way we want it to. Those involve three phases I will give you a bit
more detail on each of them. The equipment we are proposing to use is a van equipped
with a very sophisticated computer system connected to 2 devices. One is a video camera
and the second is an infrared sensor transmitter and sensor device. We will position them
starting next Monday for the next 4 weeks. We will have 4 of those units each day for each
of the 20 working days over the next 4 weeks positioned at entrances and exits to Ada
County, rotating around the perimeter of the County. We will be video taping license
plates of vehicles which pass those points for a 16 hour period on each of those work
days. Using part of the computer equipment to convert the video images to a digital file
that has the license plates in it. Match that file up with the Idaho Transportation
Department records and produce a mailing label for the owner of the vehicle that was
observed. We will then send each of these people a post card saying your vehicle was
observed on Fairview Avenue, Cherry Lane crossing such and such a point on such and
such a day, we would like to have you answer 5 questions if you would. One of those is
Meridian City Council
April 18, 1995
Page 3
where did that trip begin, second is where did it end, what was the purpose for it, how long
does it typically take you to make that trip and how many days a week do you make that
trip normally? It will be a voluntary questionnaire, but as you know many people in the
State of Idaho would probably consider, although we have a letter from the Attorney
General that this is a perfectly legitimate use of State video technology and State data
there will be many people who are likely to be concerned that we are invading their privacy
somewhere along the way. The most likely people to be called in that event are their local
elected officials. That is our primary reason for being here tonight and in going to all the
City Councils and County Commissions along the way. The purpose for this questionnaire
is because in transportation forecasting we have no data that is more recent than 1979 on
origins and destinations of trips other than some of the work based trips that are captured
in the U.S. Census in 1980 and 1990. In 1979 the typical mechanism for capturing this
information was to set up a number of Idaho Transportation Department Employees along
a particular road segment (inaudible) flag somebody off the side of the road, if they were
willing to pull off the side hand them a questionnaire, let the person pull back out on the
road and go on to mail that questionnaire back in at some point, asking the same 5
questions that we are going to be asking. There was an action in 1979 where an Idaho
Transportation Department employee was seriously injured because one vehicle pulled
off and the next one did not and rammed it and ultimately the Idaho Transportation
Department banned all of those kinds of activities. That ban was one of many happening
nationwide. There is no State in the nation that I know of today who legally can obtain the
origin and destination information by that old technology, the manual method. We need
that data and the reason primarily that we were funded for this grant is so that we could
test out the new technology to see whether we can capture data accurately in a safe and
sane manner even though we will be sending questionnaires to people who may wish we
didn't do that. So, phase 2 will be focused a bit more on the Vehicle Inspection and
Maintenance program. At the same time we are video taping these license plates we will
be using the infrared technology to measure the carbon dioxide emissions out of tail pipes
on each vehicle that we video tape the license plate on. A recent demonstration in
California indicated that the infrared mechanism can read the carbon monoxide percentage
within plus or minus .1 percent. A very accurate reading, at least as accurate as what we
get with the current station tail pipe probes that we use for the Ada County project. We are
going to look for the average carbon monoxide emissions from vehicles that are registered
within Ada County and those registered outside Ada County to give us a handle on how
well the Ada County Vehicle Inspection Maintenance program is functioning in terms of
reducing carbon monoxide in the air within Ada County. For vehicles emitting more than
twice the standard for their make and model of automobile year we will be sending owners,
as an example my 1985 Dodge just went through the inspection the other day and we had
a standard for that vehicle of 1.2% of carbon monoxide or less, that is the standard. If I
were driving that vehicle down the road and was observed with this technology at 2.4% or
higher I would be sent a second letter in addition to the origin and destination
Meridian City Council
April 18, 1995
Page 4
questionnaire, I would be sent a second letter. It would have one of 3 randomly selected
options in it. One would be your vehicle appears to have a much higher proportion of
carbon monoxide than normal would you be a nice person, help clear the air and take it
and have it tuned up. A second letter would identify the same background but would say
here is a $20 gift certificate for a service station of your choice to take it and have it tuned
up and your service station can turn in the $20 gift certificate and be fully reimbursed for
their cost. A third option will be here is and this will be only for vehicles registered in Ada
County, here is a coupon for a free vehicle inspection and maintenance in the Ada County
program please bring it in and have it inspected. The purpose there is to see if there are
ways we can entice high emitting vehicles to come in and have their vehicles cleaned up
and to compare the incentives in that case. Phase 3 of the project we will pull all of those
vehicles that are around the perimeters of Ada County we will pull them back into central
locations within Ada County. We now want to focus on reducing the cost of the Ada
County program. 85% of vehicles that were tested in a given year pass, of those vehicles
that pass in one year, more than 85% of them pass the next year as well. And of those
more than 85% will pass the next year. We'd like to devise a program where those people
never have to come to an inspection station to bring their vehicles. What we would like to
do is to build a program that says the infrared sensor monitor will be at this location for
these 5 days this week and at this location for these 5 days next week, if you think your car
is clean drive past and we will send you a certificate that postpones your due date for 12
months. That is what we would like to do, we have to have some data to convince the
Environmental Protection Agency that we know what we are doing essentially and can
accomplish that. So we will be capturing some data just setting up and trying to record for
10 working days, hopeful the same vehicles multiple times. We will capturing especially
some work trips in that regard. That is the substance of what I have to present, there is
a questionnaire on the back of the 3 pages which I gave you. The middle page as you
probably already determined is a written summary of what I have just told you verbally.
The questionnaire on the back page is a piece of what we are using to ascertain the
current feelings of elected officials. I have given them to some of the non-elected officials
as well and would encourage you to fill them out if you are willing to. I would then after the
project is over be coming back to you to ask a couple of questions, one is have you
received any telephone calls about this project, two, if so, what the nature of those phone
calls, three, approximately how many and have your opinions changed any about the
project in the interim? I would be happy to answer any questions.
Kingsford: Questions for Mr. Bowman?
Corrie: Claire, you mentioned the $20 certificate, if you find an out of County vehicle that
is really bad and coming in every day would they be eligible for that or are you just staying
in County?
Meridian City Council
April 18, 1995
Page 5
Bowman: Mr. Mayor, Bob, every vehicle that tests that the carbon monoxide is more than
twice the standard for their make and model year we would send a letter and they will get
one of those 3 options whether they are in county or out of county.
Tolsma: (Inaudible) couple of people (inaudible)
Bowman: Mr. Mayor, Ron, I understand, I've had a couple of them call me as well. We
would not be doing it, it would take at least 3 years to get permission through the
Environmental Protection Agency to make a change. We would have the current station
owners involved with us in the proposal to make that happen so they would be a partner
in making any change to the program.
Kingsford: Any other questions? A little lengthy Claire but thank you, I appreciate you
coming out.
Bowman: (Inaudible)
Kingsford: Why don't we just give them to Will and he will shoot them over to you in the
mail.
ITEM #2: TABLED APRIL 4,1995: DEVELOPMENT AGREEMENT FOR RAVEN HILL
SUBDIVISION:
Kingsford: I believe that has now been reviewed and complete, Counselor is that correct?
Crookston: That is correct.
Kingsford: Entertain a motion to authorize the Mayor to sign and the City Clerk to attest.
Morrow: So moved
Yerrington: Second
Kingsford: Moved by Walt, second by Max to authorize the Mayor and City Clerk to sign
and attest the development agreement for Raven Hill Subdivision, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #3: ORDINANCE #701 - FULLER REZONE/L-O:
Meridian City Council
April 18, 1995
Page 6
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING
THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A PARCEL OF LAND IN THE SE 1/4 OF THE SE 1/4 OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND
PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like
to have Ordinance #701 read in its entirety? Seeing no one I would entertain a motion on
Ordinance #701.
Tolsma: Mr. Mayor, I move we approve Ordinance #701 with the suspension of the rules.
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve Ordinance #701 with suspension
of the rules, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
ITEM #4: ORDINANCE #702 - GAMBLIN REZONE/R-8:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING
THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A PARCEL OF LAND IN THE W 1/2 OF THE SE 1/4 OF THE SW 1/4 OF
SECTION 1, T.3N, R.1W, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING
AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance
#702 read in its entirety? Seeing none I would entertain a motion on #702.
Tolsma: Mr. Mayor I move we approve Ordinance #702 with the suspension of rules.
Corrie: Second
Kingsford: Moved by Ron, second by Bob to approve of Ordinance #702 with the
suspension of rules, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
ITEM #5: PUBLIC HEARING: REQUEST FOR A VARIANCE TO WAIVE REQUIREMENT
TO PIPE THE EIGHT MILE AND SAFFORD LATERALS FOR ASHFORD GREENS
Meridian City Council
April 18, 1995
Page 7
SUBDIVISION BY BRIGHTON CORPORATION:
Kingsford: We are in receipt of a letter from Mr. Gene Smith the engineer, we have
noticed this for a public hearing so the public hearing will have to take place. Pursuant to
your request those we will defer action until a later date. Counselor, have you looked at
this letter? They have asked for a date uncertain, depending on the applicant. We can't
table, we can't continue a public hearing to a date uncertain can we?
Crookston: No, you need to table to a date certain whether its a public hearing or not.
Kingsford: Gene is there a date certain that you can give us? Because the information that
I am seeing in this letter should be part of the public record.
(Inaudible)
Kingsford: 6 months that is a long continuation. What is the Council's pleasure?
Corrie: Mr. Mayor, I guess my question Gene is why is this taking 6 months?
Smith: Mr. Mayor, members of the Council, the development, the first phase of the
development will not abut either the Safford or the Eight Mile Lateral. We would expect
it to be further along then we are at this time and we would not be doing anything that
would abut either of those laterals during this irrigation season.
Tolsma: (Inaudible)
Kingsford: Typically until October 15th
Smith: 6 moths would be the 17th of October.
Tolsma: (Inaudible)
Kingsford: Let's go ahead with the public hearing since it was noticed and then if its the
Council's pleasure we will continue to the second meeting in October. At this time I will
open the public hearing and invite the owner or his designee to speak first if they choose
to.
Gene Smith, 9550 Bethel Court, Boise, was sworn by the City Attorney.
Smith: Mr. Mayor, members of the Council, at the request of Brighton Corporation who is
the applicant in this matter I am here to represent that project Ashford Greens. The
Meridian City Council
April 18, 1995
Page 8
proposed subdivision, proposed development is located east of Black Cat, north of Cherry
and south of Ustick Roads, The parcel is bounded on the south by Safford Lateral and on
the north and east by the Eight Mile Drain. The City ordinance requires that all irrigation
ditches within or adjacent to development shall be piped, however, it has been the policy
of this body to not require a ditch to be piped if that flow within the ditch requires a pipe in
excess of 48 inches. In January of this year, I met with representatives from Nampa
Meridian on site to take a look at the requirements and materials and requirements of flow.
Shortly thereafter I believe in your packet is a letter from Nampa Meridian dated January
30th stating what those flow rates. Based on those rates we provided calculations to your
engineer which detailed a need for a 60 inch pipe to pipe the Safford along the south, a
54 inch CNP to pipe the Eight Mile along the north and east. Further investigation of ours
revealed that an existing 3 by 6 box culvert is under Black Cat where the Eight Mile Drain
crosses and there is also a 3 by 8 box where the Safford crosses underneath Black Cat.
The surface area of those box culverts far exceed the diameter or surface area of a 48 inch
diameter pipe and we believe based on that the neither the Safford nor the Eight Mile
Lateral should be piped. We would request your review of that.
Kingsford: Questions of Mr. Smith?
Morrow: Yes, Gene I have a couple, in terms of, unless there is something in my packet
missing Nampa Meridian in their remarks indicates they feel a 48 inch pipe would be
adequate for either the Safford Lateral or the Eight Mile Lateral.
Smith: I saw the remarks I didn't see any of their calculations. My biggest concern would
be if we go ahead based on that and pipe either of those drains either or the Eight Mile or
the Safford knowing that there is greater capacity underneath Black Cat and we choke that
flow down and flood out a subdivision I doubt very much that Nampa Meridian will take the
responsibility for that.
Morrow: Also, we have some areas in Cherry Lane Village now that would appear to be
piped with 48 inch pipe.
Smith: There is a piece that we have been able to find just north of Cherry Lane that is
piped, I can't tell you what the diameter of that is we were not able to did that outlet out to
see what the diameter was. The diameter where it goes in appears to be a larger diameter
then it went into a siphon condition. Where you got a little bit of fall you might get it into
a 48 inch going across this section of property it is extremely flat, especially the Safford
our topol shows it at a .09% and that is what kills it so far as the flow capacity within that
48.
Kingsford: I believe Gene that in the 2 spots, what is that Eight Mile that goes through the
Meridian City Council
April 18, 1995
Page 9
golf course, that is a 48 inch pipe. Where it goes from Cherry lane to the golf course is 48
and where it picks up again is piped from the number 8 fairway to the existing temporary
club house is a 48 inch pipe. So I couldn't tell you the topol there I don't know what the fall
is, I know they have a fall that is open so I would assume that it is fairly flat at least in the
second portion.
Smith: I can't tell you what the topol is over in that direction, we checked the topol from
the golf course over to Black Cat though.
Kingsford: Well, I think certainly some of that may have some preference from an
aesthetic thing from a golf course standard for a water hazard. I think some of it through
your subdivision might be real derogatory to have it open, that is just my observation. Any
other comments from the Council? Thank you Gene, anyone else from the public that
would like to offer testimony on this issue? Seeing none I will close that public hearing.
Council members, we need a motion to continue this to the second meeting in October if
that is your desire.
Morrow: So moved.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to continue the public hearing of the piping of
Eight Mile and Safford Laterals through Ashford Greens Subdivision to the second meeting
in October, which is the 17th of October, all those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: Mr. Mayor, is it possible we can have our engineering department kind of check
that out a little bit too?
Kingsford: Gary, would you guys get your snorkels on and go out there and see what has
happened to that ditch.
Corrie: I would like to have some information before this comes back up. I am not doubting
Gene's word but I would just like to have some confirmation of what is going on here.
Kingsford: If we could, Gary, get some information a little earlier out of Nampa Meridian,
they have been coming through with those yes we will substantiate a 48 inch pipe ten
minutes we are to meet on it. If we can get that earlier. Counselor, that won't need to be
noticed again will since that is being continued?
Meridian City Council
April 18, 1995
Page 10
Crookston: That is correct, you did not continue the public hearing, so it would have to be
re-noticed.
Kingsford: Run that by me again?
Crookston: You did not continue the public hearing, so you don't have to re-notice it.
ITEM #6: PUBLIC HEARING: REQUEST FOR A VACATION OF A STREET EASEMENT
BY W.H. MOORE CO.:
Kingsford: At this time I will open that public hearing and invite the owner or his designee
to speak first. Mr. Eddy.
Tom Eddy, 290 Maple Grove Road, Boise, was sworn by the City Attorney.
Eddy: In 1980 Meridian Business and Industrial Park was platted into 3 blocks. In 1995
Mr. Moore re-platted that into several smaller lots. There is a note #2 on the plat a portion
of that note reads East 5th Avenue, King Street and Baltic Place has a 5 foot wide street
easement on both sides of the 50 foot wide dedicated street right of way. In 1995 we ra-
platted this and (inaudible) including Ada County Highway District and when it gets to Mr.
Preister the County Surveyor he is requesting that easement be vacated before he signs
the plat.
Kingsford: Any questions of Mr. Eddy? Thank you Tom, anyone else from the public that
would like to offer testimony on this issue? This is the property off of 5th Street and
Franklin Road, just north of Franklin. Seeing none I will close the public hearing, Council
members.
Morrow: Mr. Mayor, I would move that we grant the vacation for the street easement
requested by W.H.Moore Company.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve of the vacation of street easement
as requested by W. H. Moore Company, all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Counselor, you are giving me one of those looks, are you saying it needs
findings?
Meridian City Council
April 18, 1995
Page 11
Crookston: No, it does not need findings, but we do need the quick claim deeds for the
property. We will need legal descriptions.
Kingsford: You will prepare those then Tom? Mr. Eddy will prepare those and present
them.
Crookston: We will need an ordinance to that effect, but we also need the deeds.
Kingsford: Entertain a motion to have the City Attorney prepare an ordinance.
Morrow: So moved
Corrie: Second
Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare an ordinance
vacating those easements. Question Walt?
Morrow: I guess I have a question do we need to authorize signatures for the quick claim
deeds so it doesn't appear before the Council again?
Kingsford: We don't have to sign those do we Counselor?
Crookston: Yes you do.
Kingsford: We don't own the property.
Crookston: I know, but the statute requires that the property be quick claimed to the
abutting parcels owners.
Kingsford: But isn't it owned currently by ACHD?
Crookston: That is correct.
Kingsford: Wouldn't they be the ones to sign the quick claim deed?
Crookston: Under the statute it says we do it.
Kingsford: Sounds like a statute that attorney's prepared, but I guess I will go with that.
Crookston: You are probably right.
Meridian City Council
April 18, 1995
Page 12
Morrow: That being the case Mr. Mayor I will make a separate motion to (inaudible)
Kingsford: Let's vote on that.
Corrie: Second
Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare and ordinance
and authorize the Mayor and the City Clerk to sign and attest that quick claim.
Morrow: That would be the second motion.
Kingsford: We did both didn't we?
Morrow: You are going to put them all in the same motion?
Kingsford: I thought that is what you did.
Morrow: I will do that.
Kingsford: All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: PUBLIC HEARING: REQUEST FOR A VACATION OF A SEWER EASEMENT
BY CITY OF MERIDIAN (ASCHENBRENNERS PROPERTY):
Kingsford: At this time I will open that public hearing and invite the owner or his designee
to speak first.
Gary Smith, 33 East Idaho, was sworn by the City Attorney.
Smith: Thank you, Mr. Mayor and Council members, when the Lake No. 3 Subdivision was
being developed it required a certain length of the existing sewer line to be relocated into
a public right of way to conform with the plat that they were proposing. Since the sewer
line moved to the west there was a short length of sewer that needed to be constructed
from the north boundary of the subdivision into and through Aschenbrenners property to
reconnect to the existing sewer line in his property. This required a new easement which
Aschenbrenner granted to the developer. At the same time it required the abandoning or
vacating of a short portion of the existing easement from the Lake at Cherry Lane's north
boundary to this manhole at which point the new sewer connected with the existing sewer.
Mr. Aschenbrenner required the vacation of this easement as a condition of his granting
Meridian City Council
April 18, 1995
Page 13
of the new easement I believe that was part of it. We don't need the easement anyway,
the sewer line is abandoned it is not used and do therefore this is an attempt to just
remove that easement from Aschenbrenner's property.
Kingsford: Questions of Gary? Thank you, is there anyone else from the public that would
like to offer testimony on this issue? Seeing the number of engineers in here that I do and
they are all Smith instead of Mr. Lee, I am glad to see you came in Gary, otherwise they
would all be Smith's that were engineers here. Is there a motion on the vacation of the
easement?
Morrow: A question in terms of we need quick claim deeds drawn here who do we instruct
to draw them, Mr. Smith our City Engineer?
Kingsford: I would assume it would probably be the attorney.
Crookston: Our ordinance says that the owner or the applicant really is to prepare the
deeds and the Applicant is the City, either Gary or I can do it.
Kingsford: Can you do those Gary?
Smith: I can provide the description, the legal description was prepared by the developer's
engineer that is relocating the sewer, so I have that. I don't know what else is involved as
far as a quick claim deed is concerned.
Crookston: I can prepare the deed that is not a problem.
Morrow: Mr. Mayor I move that we instruct the City Attorney of the City of Meridian to
prepare the quick claim deeds necessary for the vacation of the sewer easement and that
we authorize the Mayor to sign and the City Clerk to attest those deeds.
Yerrington: Second
Morrow: Moved by Walt, second by Max to have the Attorney prepare a quick claim deed
for the vacation of the sewer easement for the Aschenbrenner property, authorize the
Mayor and City Clerk to sign and attest those documents, all those in favor? Opposed?
MOTION CARRIED: All Yea
Morrow: Mr. Mayor, I would move that we instruct the City Attorney to prepare the
necessary ordinance also.
Meridian City Council
April 18, 1995
Page 14
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare the
necessary ordinance for the Aschenbrenner vacation of sewer easement, all those in
favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: FINAL PLAT: THE LAKE AT CHERRY LANE NO.4 SUBDIVISION, 54 LOTS,
BY STEINER DEVELOPMENT:
Kingsford: Does the Council have questions for either staff or the applicant? Mr.
Campbell, would you come front and center, I have one question for you. What are you
doing scraping our dirt off the fairway? Don't give me one of those?
Campbell: Did we do that? We are leveling it off for you.
Kingsford: You didn't take topsoil?
Campbell: No, just removed all the high spots.
Kingsford: There is a viscous rumor that you took topsoil. Don't take our topsoil.
Campbell: No, we aren't, there are a lot of homes out there and we are levelling a lot of
it out. You were going to have to do it either way.
Kingsford: But we were going to make tee boxes and greens out of it.
Campbell: We can take care of that for you (inaudible).
Kingsford: Any other questions of Mr. Campbell with regard to the final plat?
Morrow: My only question would be is that you are agreeable to staff conditions and you
have reviewed staff conditions?
Campbell: Yes, we have reviewed all the City comments and accept all the items.
Morrow: I have no other questions.
Kingsford: Thank you Doug, any questions of staff?
Meridian City Council
April 18, 1995
Page 15
Corrie: I just noticed here on the Fire Chief's comments about streets over 800 feet long,
Harbor Point Drive will be over 560 feet, did we address that earlier?
Kingsford: Yes, those lots via the failiNay, you can't shorten, was our discussion at
preliminary plat. Any other questions of staff? Is there a motion, Gary do you have a
comment?
Smith: Mr. Mayor and Councilman Corrie, I was just going to say that we have requested
a temporary turn arounds at the ends of those streets.
Tolsma: Mr. Mayor I would move that we approve the final plat of the Lake at Cherry Lane
NO.4 Subdivision subject to the staffs comments being met.
Morrow: Second
Kingsford: Moved by Ron, second by Walt to approve of the final plat of the Lake at
Cherry Lane NO.4 Subdivision, 54 lots conditioned upon the conditions of staff being met,
all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Doug, where are we at with the deed for that property, weill guess Mr. Barney
would be the right one to ask for the rest of that property. I am getting real close to
summer and ready to go to work.
(Inaudible)
Morrow: Mr. Mayor, question, was not part of our deal here that the signing of that final
plat and completion by us contingent upon receiving those deeds?
Kingsford: Mr. Campbell?
Campbell: (Inaudible) conditions on the City Engineer's staff report that we have to deed
the final phase over.
Kingsford: I was thinking that was our discussion but my memory being what it is I thought
I would check.
ITEM #9: CONDITIONAL USE PERMIT REQUEST FOR A GIFT SHOP AND OFFICE
USE BY BRENT AND GWEN ALGER:
Meridian City Council
April 18, 1995
Page 16
Kingsford: Does the Council have any questions of Gwen? Old Town requires that. Is
there a motion?
Corrie: Mr. Mayor, I move that we approve the request for conditional use permit for the
gift shop and office use by Brent and Gwen Alger with the conditions of staff all being met.
Morrow: Second
Kingsford: Comment, we have some findings, I think it would be appropriate if you
withdraw those and then approve findings first.
Morrow: I withdraw the second
Corrie: And I withdraw the motion, and re-do the motion that we approve the findings of
fact and conclusions of law as presented to us from the Planning and Zoning Commission.
Morrow: Second
Kingsford: Moved by Bob, second by Walt to approve of the findings of fact and
conclusions of law as presented from P & Z, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Corrie: Mr. Mayor, I move that the decision and recommendation be approved, the
Meridian Planning and Zoning Commission hereby recommends to the City Council of the
City of Meridian that they approve the conditional use permit requested by the applicant
for the property described in the application with the conditions set forth in the findings of
fact and conclusions of law.
Kingsford: Is there a second?
Yerrington: Second
Kingsford: Moved by Bob, second by Max to approve of the decision, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Kingsford: Entertain a motion on the conditional use permit then.
Meridian City Council
April 18, 1995
Page 17
Corrie: Mr. Mayor, I have one question, Gwen, have you read all of those staff, you have
no problems with those? Mr. Mayor, I move that we approve the request for conditional
use permit for the gift shop and office use for Brent and Gwen Alger.
Morrow: Second
Kingsford: Moved by Bob, second by Walt to approve the conditional use permit for a gift
shop and office use by Brent and Gwen Alger, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: CONDITIONAL USE PERMIT REQUEST FOR A DAY CARE CENTER BY
RICK AND GEORGIANA ELLIOTT:
Kingsford: Is there any questions of the Council on the issue? Have you seen the findings
on that, any problems there? Is there a motion on the findings?
Morrow: Mr. Mayor, I would move that we approve the findings of fact and conclusions of
law as written for the Planning and Zoning Commission.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions
of law as prepared by the Planning and Zoning Commission for Rick and Georgiana Elliott
for a day care center, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the decision? (End of Tape)
Morrow: Mr. Mayor I would move that the City of Meridian approve the conditional use
permit requested by the applicant for the property described in the application with the
conditions set forth in the findings of fact and conclusions of law.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve of the Conditional Use Permit for
a Day Care center by Rick and Georgiana Elliott conditioned upon the conditions in the
findings of fact and conclusions of law, all those in favor? Opposed?
Meridian City Council
April 18, 1995
Page 18
MOTION CARRIED: All Yea
ITEM #11: AMENDED ELK RUN SUBDIVISION NO.2 FINAL PLAT
Kingsford: Does Council have any questions on that?
Morrow: I have some questions, and primarily due to confusion I think. Coupled with this
information on Elk Run we also had a letter from Nampa Meridian talking about
participation in the tiling and piping of the ditch and then we had a letter in today's or this
afternoon from City Attorney Crookston talking about he thinks the City should require a
letter of credit or a cash deposit on the piping of the Kennedy Lateral before we allow any
additional building permits or approval of final plat that is on today's agenda. I guess and
reading this over, it is not very clear in my mind, I thought that what we had done in Elk
Run Subdivision was is that on 2 different occasions in my time we had indicated that they
needed to tile that lateral and it appears to me that if I understand this correctly the lateral
is not tiled and that apparently the Elk Run folk have cut some sort of deal with Nampa
Meridian by virtue of the copy of a letter to Jack Boon from John Anderson stating that in
the Fall of 1995 which is 6 months from now that they will participate in donating the
machinery or putting the machinery there to lay the pipe. I think I am in complete
agreement with Mr. Crookston given the fact of the history of this particular subdivision that
we need substantially more guarantees that this is going to take place and so I guess I
would like Gary Smith or someone to enlighten me as to how we got to this situation that
we are at now.
Kingsford: Well, I think in part and you might correct me if I am wrong somewhat, but in
part we had misrepresentation of ownership. The people that actually are the owners have
basically struck a deal with Nampa Meridian, you don't want to pipe during the irrigation
season and I think as I see it that is the deal now they have struck with Nampa Meridian.
I think Wayne's comment is correct and I just clarify one thing that you said is not for doing
the project necessarily but for the value of the pipe and materials because Nampa
Meridian has obviously said they are going to do the work.
Crookston: Mr. Mayor, I have had a discussion with the Attorney I guess representing Elk
Run, (inaudible) Bill Hart, he is not in management of that any longer. The Attorney who
is Alan Camron indicated to me this morning that they had deposited a letter of credit with
the Nampa Meridian Irrigation District to have the work done. The only thing I would
suggest is that we get verification from Nampa Meridian that that in fact has been done.
Kingsford: I think Mr. Berg is telling me that he has been in contact with their Attorney and
has refused to sign the plat until he has that.
Meridian City Council
April 18, 1995
Page 19
Crookston: That would be fine with me.
Morrow: So now let me see if I understand this, what we are going to get then is we are
going to get a letter of credit from their attorney, or from them to us, and then we are also
going to get confirmation from Nampa Meridian that these things are in place?
Crookston: It is my understanding that the letter of credit will run to Nampa Meridian
Irrigation District because they are going to be doing the work, but Elk Run owners are
going to be paying for the materials.
Kingsford: So the line of credit is for the value of the materials?
Crookston: That is my understanding.
Kingsford: Mr. Berg is saying over here that he thought it was going to be in favor of the
City.
Crookston: That would be fine, it doesn't matter to me which party is the obligee on the
letter of credit.
Morrow: I think what I want to see for our protection and to go back to our attorney
everything needs to be in writing, let's get a letter from Nampa Meridian alluding to all of
these facts and guarantee us that this is going to happen so that if something goes amiss
then we have Nampa Meridian to hold responsible that it in fact happens given the history
of this subdivision.
Kingsford: Are you willing to approve the final plat conditioned upon that?
Morrow: I am willing to approve of the amended final plat conditioned upon the receipt of
those and authorize the Mayor and City Clerk to sign and attest based upon the receipt of
guarantee's from Nampa Meridian to the City of Meridian.
Kingsford: I just would ask you to modify that slightly, Mayor doesn't sign plats so the City
Clerk and the City Engineer, that is one I don't have to deal with.
Morrow: I am sorry, I would modify that motion to insert City Engineer Smith in place of
Mayor Kingsford to be attested by City Clerk.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the amended final plat for Elk Run
Meridian City Council
April 18, 1995
Page 20
Subdivision NO.2 conditioned upon the receipt of the letter of credit and the letter of
approval from Nampa Meridian Irrigation District, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #12: REQUEST FOR TIME EXTENSION ON SUMMERFIELD SUBDIVISION FINAL
PLAT:
Kingsford: Who is the engineer representing that? Shari, what is the scoop on that?
Stiles: Mr. Mayor and Council, Summerfield NO.2 and NO.3 just barely got through the
system and are now being recorded. So their next phase will be beyond the year required
to submit a final. So they are requesting a 1 year extension for the final plat of
Summerfield NO.4.
Kingsford: Any other questions?
Morrow: They are requesting a one year extension?
Kingsford: Is that what you said Shari, one year?
Tolsma: Mr. Mayor I would request that we grant the time extension on Summerfield
Subdivison Final Plat for one year.
Morrow: Moved by Ron, second by Walt to approve the time extension for Summerfield
Subdivision No.4 final plat for one year, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #13: DEVELOPMENT AGREEMENT: TUTHILL ESTATES NO.2 SUBDIVISION:
Kingsford: Shari, you guys have reviewed that and now we have a signed copy? Entertain
a motion to authorize the Mayor and City Clerk to sign and attest that.
Yerrington: So moved
Tolsma: Second
Kingsford: Moved by Max, second by Ron to authorize the Mayor and City Clerk to sign
and attest the Tuthill Estates Subdivision NO.2 development agreement, all those in favor?
Opposed?
Meridian City Council
April 18, 1995
Page 21
MOTION CARRIED: All Yea
ITEM #14: DEVELOPMENT AGREEMENT: AVEST LIMITED PARTNERSHIP:
Kingsford: It is my understanding Will that has not been finished, we don't have a signed
copy Shari, where are we at with that?
Stiles: Mr. Mayor and Council the previous development agreement for this development
was approved by the Council some months ago. There have been revisions to incorporate
new findings that have been prepared as a result of the conditional use permits. Wayne
has looked over, Wayne and I have gone over this latest version, we haven't heard back
from Avest, but with some wording changes that Wayne has requested I would ask that
you authorize your signatures based on that review if that is possible.
Kingsford: Do you have any problem with that Counselor?
Crookston: No I do not.
Morrow: Mr. Mayor I would move that we authorize the Mayor to sign and the City Clerk
to attest the pending development agreement with Avest Limited Partnership.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to authorize the Mayor to sign and the City
Clerk to attest the development agreement with Avest Limited Partnership, all those in
favor? Opposed?
MOTION CARRIED: All Yea
ITEM #15: PROCLAMATION: LAW DAY:
Kingsford: WHEREAS, May 1 st is Law Day in the United States of America, and
WHEREAS, the United States of America has been the citadel of individual liberty and a
beacon of hope and opportunity for more than 200 years to many millions who have
sought our shores, and WHEREAS, the foundation of individual freedom and liberty is the
body of law that governs us, and WHEREAS, the Constitution of the United States of
America and the Bill of Rights are the heart of that body of law, which guarantees us many
freedoms - including freedom of religious belief, freedom to have and hold property
inviolate, freedom of assembly, freedom of speech, freedom of press, freedom of petition,
and due process of the law among others, and WHEREAS, this year marks the 38th
annual nationwide observance of Law Day, and the Congress of the United States and the
Meridian City Council
April 18, 1995
Page 22
President by official proclamation have set aside May 1 as a special day for recognition
of the place of law in American life, NOW, THEREFORE, I, Grant P. Kingsford, Mayor of
the City of Meridian, do hereby designate May 1, 1995 as LAW DAY and call upon all
citizens, schools, businesses, clubs, and the news media to commemorate the role of law
in our lives.
ITEM #16: DEPARTMENT REPORTS:
Kingsford: Mr. Smith
Smith: Thank you Mr. Mayor and Council members, I distributed to you and I hope each
of you have a copy of the department reports that I have to present to you tonight. Did
everyone get one of those in their box? The first item that I want to cover is the bid results
for the tertiary filter addition that was bid on April the 7th at 2:00 at City Hall. We had 5
bidders submit bids and the low bid was submitted by Trammel Inc. of Boise, they are also
or were the contractors that built our ultra violet treatment facility at the plant. The low
amount bid was $262,825. There was an alternate deduct bid item that was part of the bid
process and Trammel was the only one of the 5 bidders that submitted an alternate deduct
bid item. That number was $12,000 deduct to supply filter equipment in lieu of what was
specified in the bid document. The engineer for the project Dennis Suihkonen from Keller
Associates has not been able yet to get the necessary information from the Contractor to
make an absolute determination on that equipment for us. He said he would be reviewing
that early hopefully this week still and be able to get that to us late this week or early next
week. We can according to the documents have you the City Council issue a notice of
aware to Trammels Inc. and then if the equipment is reviewed and found to be satisfactory
to the City of Meridian we can act on the deduct item and reduce that contract amount by
$12,000, but that has not been determined yet and it may not be acceptable. So that is
something that we have to deal with yet.
Kingsford: Any questions of Gary?
Tolsma: This deductible here then (inaudible)
Smith: It would be $250,825 if that equipment is acceptable.
Morrow: Question Gary, with respect to engineers estimate is $317,100, there is a spread
of $23,000 between apparent low and second and then we have a pretty decent spread
amongst the rest. Have you reviewed these bids, particularly the low bid and are satisfied
that everything is fine?
Smith: It was a lump sum bid, there were no unit prices bid on any of this. It is really
Meridian City Council
April 18, 1995
Page 23
difficult to compare, I am trying to think back on the bid on the UV equipment, it seems as
though Trammel was low, I won't say significantly low but they were low. They did a good
job for us on the UV equipment project the installation of that.
Morrow: The quality that we are after is there then?
Smith: Yes, there are a couple of mis-cues on it but I don't think that will be a problem, it
had to do with layout
Morrow: Which was not of their causing?
Smith Yes it was.
Morrow: And they repaired their mistakes no questions asked?
Smith: Correct
Kingsford: Is there a motion to approve the low bidder?
Morrow: Mr. Mayor, I would move that we approve the apparent low bidder of Trammels
for the amount of $262,825, authorize the Mayor to sign and the City Clerk to attest that
contract and that if the substitute aqua aerobic equipment is deemed to be in the City's
best interest that the $12,000 deduct from that contract be allowed.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve the apparent low bidder Trammels
in the amount of $262,825 and to authorize that if the Aqua Aerobic of $12,000 to use that
as a deduct, authorize the Mayor to sign and the City Clerk to attest the appropriate
documents, all those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Thank you Mr. Mayor and Council members, the second item that I have to present
this evening to you deals with the Five Mile Creek Sanitary Sewer Extension project that
we are presently under construction right now. I noticed on one of the easement forms the
other day that the form itself states that the signatures on the easement documents are to
be ratified by the City Council. In past instances on sewer easements and water
easements the City Councilor the City has not signed the easements only the property
owners have signed. But in this particular project the easement documents were set up so
the property owner signed as well as the City signing to agree to the conditions of the
Meridian City Council
April 18, 1995
Page 24
easement. The ratification of the signature of the Mayor and the attestation by the City
Clerk should be made by the City Council in accordance with this easement document.
That is the reason that I am presenting to you tonight these 8 easements that all have
been signed at this point except number James Griffin and that is on the cusp so to speak
it is just right on the edge of being taken care of, there are a few minor details that need
to be cleared up on the easement document and that is being done right now. I can read
through these if you would like me to just for the record.
Kingsford: Just indicate that they are part of the record and in the City Clerk's hands.
Morrow: Mr. Mayor, I would move that we the City Council authorize the Mayor to sign and
the City Clerk to attest the signature for the ratification of the easements that are presented
by Mr. Smith this evening.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to authorize the Mayor to sign and the City
Clerk to attest the easement signature ratification of the documents submitted by the City
Engineer this evening for 8 easements, all those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Thank you Mr. Mayor and Council members, the third item that I have to present
to you tonight is a proposal for a small engineering study to be made for the location of
sanitary sewage lift station that would be located on Black Cat Road adjacent to the
Ashford Greens Subdivision. As you mayor may not know this lift station location is
designated on our facilities plan as a regional lift station. There is a major trunk line in
Black Cat Road that will be discharging into this lift station and eventually that material will
be pumped to the wastewater plant or as the case may be to a secondary disposal site and
that hasn't been decided yet. But right now a decision needs to be made as to exactly
where this lift station should be placed and what size the lift station should be. I feel that
the lift station needs to be built at this point so that it can in a future time be expanded to
accommodate the ultimate growth out there without losing what is being invested now
which will be serving Ashford Greens and the Lake at Cherry Lane at least the westerly
half of the Lake at Cherry Lane NO.4. Since Hubble Engineering was involved in the
Ashford Green project I requested a proposal from them and Gene Smith did in turn
respond to me and I believe you have a copy of that proposal in front of you. The 4 items
he outlines as far as being requirements on this short study three of them are on page one
and the 4th is on page 2. They are proposing to do this for a fixed fee sum of $3,000.
Kingsford: That was in your budget for this year?
Meridian City Council
April 18, 1995
Page 25
Smith: Yes
Corrie: Just, is there a lift station there in Golfview Estates, is that a lift station there?
Smith: Yes, sir there is. That lift station will, as the trunk line develops in Black Cat that
lift station would be abandoned, the flow is going to the west.
Kingsford: The lift station we are talking about is being needed to pick that up.
Smith: Yes it would pick that up, correct.
Kingsford: I think you need to approve of the engineering thing for $3,000 if that is your
pleasure.
Morrow: Mr. Mayor I would move that we approve of the hiring of Hubble Engineering to
do the preliminary engineering for the lift station in Black Cat for the sum of $3,000.
Corrie: Second
Kingsford: Moved by Walt, second by Bob to approve of the proposal from Hubble
Engineering to study the 4 items for a list station at Black Cat Road in the fixed amount
sum of $3,000, all those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Thank you Mr. Mayor and Council members, I snuck in one more item on you, if
you will allow me flexibility to run it past you. It is not on your list, it is kind of a quick one,
can I take one minute?
Kingsford: Yes, go ahead.
Smith: This pertains to Well No. 16, we have as you know drilled the well and it is in the
process now, the plans have been submitted for the pump and pump house and we are
cleaning up some things. One of them has to do with the deed on the well which was
donated to us by the property owner out there. But part of that donation included a
declaration of covenants and restrictions and grant of easements and there were some
conditions that were placed on the donation of the well site. The first street that you have
in front of you, the yellow colored area the City will actually be in ownership of that area.
It includes the access road and it includes the well lot. The second sheet is a larger
scaled drawing of that same area. I just wanted to let you know where the well was in
relation to the Central Valley Corporate Park development. The declaration of covenants
Meridian City Council
April 18, 1995
Page 26
and restrictions and grant of easements is prepared by the property owner's attorney had
been submitted to me and to Wayne Crookston and we have reviewed those. We need
to have City Council approval and the Mayor's signature on this declaration prior to us
being able to record the deed for the well lot.
Morrow: Question, are there any outstanding items in the declaration of covenants and
easements that we should be aware of?
Smith: No sir, I should say as far as I am concerned and as far as Wayne is concerned we
donlt have any problems with it. Now you haven't had the opportunity to review it, but and
I would be happy to copy this and let you review it if you would like to see it.
Kingsford: I guess I have a major concern yet and I don't know what can be done about
it, that ditch, where are we at with Settlers with regard to piping that thing. Are we still
looking at piping that the full length of this extended lot?
Smith: I don't know Mr. Mayor, I am not sure what the status of that ditch is. I know Shari
has been meeting with Settlers. Has anything transpired on that Shari? Piping of the
Settlers ditch along the boundary, well actually through the, was the preliminary plat of the
second phase of Central Valley Corporate Park.
Stiles: I was hoping that if the City hadn't accepted the deed for that lot yet that portion
could be excluded. It is Settlers contention that will be required on that entire second
phase including the well lot portion.
Kingsford: Well, it looks to me like we are getting a gift of a 100 by 100 lot that is going to
cost us way more than it would have to have bought a lot somewhere else.
Smith: That is about 450 feet of ditch.
Yerrington: What size of tiling in a ditch like that?
Smith: I am not sure.
Kingsford: You are talking about something in the neighborhood of $80 a foot?
Smith: I am not sure what the price on the Elk Run project was.
Kingsford: Seems to me it was about $80 a foot.
Smith: I think when we piped Glenfield ditch it was a 36 inch pipe and including the
Meridian City Council
April 18, 1995
Page 27
structures it was right at $50 or $50+ a foot somewhere along that line.
Corrie: (Inaudible) $2500 to $3000 just to do that.
Kingsford: You are talking about $30,000 (inaudible)
Smith: I can speak to the cost of a lot in Los Alamitos Subdivision that the developer
wanted us to buy, he was ready to discount that to $20,000. A standard residential lot of
that size I suppose would go to $25,000 if it was a residential lot, at least $25,000. We are
talking about industrial ground here, light industrial ground, I would assume not knowing
for sure that has a higher value than residential.
Morrow: Well, typically in this area in the beginning the starting prices here were a $1 a
square foot.
Kingsford: Well, I think more importantly than that it goes back to when the thing was
improved it was a condition to give us a lot and now we are paying through the nose for
that lot. Didn't we approve that on the premise that they give us a well lot, that they will
need well water in that area?
Smith: I am not sure Mr. Mayor, it goes back to the approval of the first subdivision. I am
not sure what was said at that time. Since that time, and I know there was discussion at
that time because this development was going to need another well a source of water
because of their fire flow demand. When Union Pacific had the project they were
understanding that well would need to be constructed on their project as the second phase
developed they would need to build that well. Then Union Pacific got out of the land
development business and the present owners took ownership of it knowing that we
needed a well in that area I went back to those people and asked for a well lot. Initially
they located a well site for us on the west side of the existing subdivision that is platted
then they relocated the site to the east side where I believe it is Tri-City Meats is located
now. And then the well lot was located just slightly outside the boundary of this Treasure
Valley No. 1 plat. And that was ultimately where we sited the well was outside the
boundary. So I don't know that there was a condition that they donate the well lot to the
City on the first plat. The second plat, the preliminary that has come before us on the
remaining portion of their property on this side the well lot took place before that Plat was
submitted to us the preliminary.
Morrow: What this well lot a condition of approval with the original annexation and zoning
of this property?
Smith: I don't know, I don't recall, it has been too long ago.
Meridian City Council
April 18, 1995
Page 28
Kingsford: This annexation was done I believe in 1980. It is my recollection that there was
a well lot promised us in that.
Tolsma: (Inaudible)
Corrie: Mr. Mayor, can we not go back in the minutes and find that?
Kingsford: I guess you can, the issue is they are donating us a well lot and what we are
getting is where it is located and where now it is already dug we are getting hammered for
$30,000 to tile.
Morrow: The well it dug?
Kingsford: Its dug.
Smith: When this initially started, when the well lot started, it was a lot, it was 100 by 160
feet in dimensions and it had a 20 foot easement from North Hickory into the well lot.
(Inaudible) was prepared and everything went forward. Then at the direction of the owners
of the property Ed Bews and Tom Wright the lot was changed from 100 by 160 with a 20
foot easement to what you have in front of you for ownership.
Kingsford: So they don't have to tile the ditch.
Tolsma: (Inaudible)
Smith: East Pine is, basically it is south of this, it is basically a straight shot from where
it is on the west to Eagle Road straight through. The alignment was approved the Highway
District after their public hearings.
Corrie: Mr. Mayor, is this either/or do this or we don't get the well?
Kingsford: Is this something that we could go back do you think to the easement issue,
Gary? I guess I wouldn't have a real problem with piping in front of that 100 feet, I think we
are getting had for 463 additional feet.
Smith: I would certainly be happy to do that, I don't have any qualms at all with asking that
question.
Kingsford: Let's see if we can't go back. I have no quarrel with the City piping in front of
the well, it is appropriate. I have some real problem with 463 feet of meeting their
obligation. Let's see if we can't work that out.
Meridian City Council
April 18, 1995
Page 29
Smith: Okay, that is alii have.
Kingsford: Thank you Gary
Tolsma: (Inaudible) 463 feet total or is that 463 plus 100 for the well lot?
Smith: Plus the well lot
Tolsma: (Inaudible)
Kingsford: Gary, if I could just as a comfort point for the Mayor, it probably won't happen
to me again, but whoever is the next one, you guys sent out a mailing as went out on, at
least reached my mailbox yesterday, would you let me or whoever is Mayor know that in
advance so that we know what we are talking about when the screaming people call in.
(Inaudible)
Kingsford: Did you see the mailing that went out probably like last Friday?
Smith: No I did not.
Kingsford: There were 3 things in there, it had a rate, it had a discussion I know it was
under Bruce's signature that talked about the amount of water that is used for irrigation
during the summer flow and to utilize as little water as reasonably possible in irrigating
lawns, don't water too much and so forth. Well, I had a disgruntled individual call me and
I guess rightly so saying that we should have had better foresight and had the irrigation
water on the lawns and so forth and he is saying now he is having to pay for it. Well, I
didn't know what I was trying to defend there but after I got home and opened my mai I I
had a better understanding. I would kind of like to see those before they go out if it is
possible, any you may be able to pass that on.
Smith: I guess I would too, thank you, I will see that it happens.
Kingsford: I don't know that it cleared through your office or did it go expressly out of the
water department, I don't know.
Smith: They put the mailers together, if it went with the bills.
Kingsford: It didn't go with the bills, it was a separate stapled item, I have never seen that
happen before. I am ignorant enough on my own I hate to look especially ignorant when
I have no idea what they are talking about.
Meridian City Council
April 18, 1995
Page 30
Smith: Well, I am sorry that didn't get to you but it will.
Kingsford: Well, it is not your fault, but check with Bruce on that please. Shari?
Stiles: Mr. Mayor and Council, I wanted to note on that Treasure Valley Business Center
one thing Don Smitcher said about the cost of tiling that, they said it was a 36 inch pipe,
but the problem is there is so much fill that is going to be required because that is a huge
fully through there. Some places it is 39 feet wide and it is quite deep so that was, he
thought that might double the cost actually of doing that. I am sorry I didn't have anything
in your packets for this Hunts Bluff. I don't know if you have seen some of the letters that
have come in, a Mr. Don Stillwaugh that lives in Meridian Greens. He is concerned
because the preliminary plat that was approved at Planning and Zoning had 20 lots when
it reached the Council 3 lots had been added, most of them around the culdesac adjacent
to his property. He had attended all of the public hearings, apparently he didn't pick up
on the added lots until a variance application was submitted. At that time he brought up
the issue of the 2 story homes that would be behind his house and he was concerned
about the down sizing of those lots that would probably necessitate 2 story structures be
built there with a 1600 square foot minimum. He attended the meeting on January 18th,
he said that in response to his letter where he expressed his concern about 2 story homes
that someone had called from the City, a woman on January 19th I believe and that the
builder had agreed to build single story homes on the lots adjacent to Meridian Greens.
In going through the old minutes at the variance hearing Mr. Goldsmith said," the lots are
an average of 11,000 square feet approximately and I have no intention of building 2 story
homes there. I can't say that there wouldn't been one but," I don't have the entire
transcript of that unless he just ended like that. Then he said, "if it comes down to it I am
willing to not have the 2 story homes there if that will help him feel comfortable with that,
I don't want to put that restriction on myself unless I have to." The problem is this was
annexed before any plan was submitted to the City and there were no findings required for
the preliminary plat. I just want to know how far we can go, can we restrict 2 story homes
on those lots that are immediately adjacent to Meridian Greens.
Kingsford: Have they not been built on?
Stiles: There has been one 2 story home built, the other lots have not been built yet.
Kingsford: What is your feeling Counselor, it seemed to me like from those minutes that
he should have not built 2 story homes on them.
Crookston: I would have to review the minutes, but unless there was a specific
representation by Mr. Goldsmith that it would not occur, that 2 story houses would not be
constructed I don't know that there is a restriction on him. If it is not in the findings, if it is
Meridian City Council
April 18, 1995
Page 31
not a specific agreement between the City and Mr. Goldsmith I am not sure how far we can
push that.
Kingsford: Well, would you review that and I will suggest to the Council maybe a motion
to not allow building permits on those parcels until that research has been done.
Morrow: Mr. Mayor, point of clarification here from one in the industry, generally speaking
when you have those kinds of restrictions, those things are noted on the plat and they are
also noted in the little handouts that we get from the developers or realtors clearly showing
that there is something specific about the particular lot that we have to meet. So, I would
caution you here that from standard practice that if we are going to do things like this then
we need to make sure it calls it out on the plat so it is there for everybody to see. Whether
they be view corridors or specific like no 2 story on these particular lots or whatever. We
need to make that well known as it comes through here. So, the issues really can be that
unless it is on that plat and those handouts and the builders, developers and realtors are
aware of that and consumers when they buy the lots it is real easy to go ahead and spend
money on plans and specs and then either have the building department turn them down
or have it missed by the building department and have a project well constructed before
a neighbor in this case brings it to the attention of the City.
Kingsford: My concern is maybe it was as you say missed on the plat. It still doesn't
reduce the fact that he mayor may not have agreed to do it. Other comments of the
Council?
Tolsma: (Inaudible)
Stiles: I have talked to him about it, he said he didn't have anything in writing and that is
what he also indicated to Mr. Stillwaugh that it wasn't some written down agreement, he
wasn't bound by anything.
Corrie: Mr. Mayor, that seems to be his attitude in many things that have come to my
attention. I guess my question would be if I might, with the attorney, if it is on record that
he said this and we have it on record can't we there stop him from doing that legally, taking
into consideration what Walt said, is it still part of the legal (inaudible).
Crookston: If it was done where he specifically made a representation that that would not
be done there may be grounds to now prohibit that, but I can't say right now because I
don't know what he did and did not say. But I agree with Walt that is has to be or should
be an agreement that is written down and actually recorded and it is wise to have that
restriction placed on the plat. I will just have to check it out for you Bob.
Meridian City Council
April 18, 1995
Page 32
Corrie: In other words we may be out in left field as far as saying you cannot build that until
we find this out (inaudible) I am in agreement with the Mayor also (inaudible)
Crookston: I think I am just going to have to find out exactly what was done.
Kingsford: Well, let's do that posthaste because I can see a 2 story house going up
(inaudible).
Crookston: Are you restricting issuance of building permits until that is done?
Kingsford: Well, that was one of Mr. Corrie's questions to you was can we do that?
Corrie: (Inaudible) because of a water problem (inaudible).
Smith: Mr. Mayor, I have on occasions restricted building permits in subdivisions until
some items have been taken care of by the developer (inaudible). It certainly gets those
items taken care of.
Kingsford: But I don't know (End of Tape) I think if that is the case we may be able to
legally make them tear down that house, I don't think that is our desire. It might be the
neighbors desire. I would a lot rather us deal with the concerns about not issuing a permit
for 2 weeks then to go through the hassle of maybe having to tear down a house in a year.
Corrie: Mr. Mayor, I think we can go ahead and do that because it is going to take 2 weeks
before their attorney's can get back to us anyway. We can just, I will move that we restrict
any permits for a 2 week period from tonight until we find out about this information on
building permits, just on those lots.
Tolsma: (Inaudible)
Kingsford: Culdesac lots, I think we are talking about 3 more aren't we, isn't that what you
just said there are 4 total?
Stiles: At least
Berg: Shari, was that involving the lots that were required to have shake roofs?
Sti les: Yes
Berg: So, how many lots is that, that is all the way around that?
Meridian City Council
April 18, 1995
Page 33
Stiles: I think there are 5 lots left.
Berg: There are 6 lots required to have shake roofs.
Shari: Six lots were required to have it.
Corrie: So we are talking about 5 lots.
Berg: (Inaudible) and then there is one on the interior, (inaudible).
Corrie: But I didn't think that it affected as far as they are concerned on that side.
Stiles: Right, they were just worried about the ones right (inaudible). There is also a note
in the file from Wayne Forrey that said because the developer committed to building height
and roofing material restrictions during the public hearing process, approved by the City
Council should be contingent upon complete file review of all the minutes to verify
compliance with all development issues. I will probably have to go back and actually listen
to some of those minutes, I think there are some missing items but I will get those to you
as soon as I can.
Corrie: My motion is for (inaudible).
Kingsford: Is there a second?
Yerrington: Second
Kingsford: Moved by Bob, second by Max to not allow building permits on the affected 5
lots for a 2 week period.
Smith: Mr. Mayor, point of clarification, (inaudible) so I can be specific?
Kingsford: Do you have those that you can read off to me now?
Stiles: It is Lots 26 through 31 of Block 1, and 31 is the lot that has already been built on.
Kingsford: So it is 26 through 30 that we are talking about.
Morrow: Mr. Mayor, I think Mr. Corrie should amend his motion to include those lot
descriptions.
Corrie: Yes, sir, I will amend that to those lot descriptions.
Meridian City Council
April 18, 1995
Page 34
Yerrington: The second stays.
Kingsford: Okay, moved by Bob, second by Max to withhold building permits on Lots 26
through 30 Block 1 of Hunts Bluff for a 2 week period pending review of the file on 2 story
houses, all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Chief?
Gordon: Mr. Mayor, Councilmen, I recently finished last years statistics and I hope that
you all got copies of them and I would like to answer any questions that you might have
at this time. You all got copies I hope.
(Inaudible)
Gordon: There was a lot there.
Morrow: Why didn't you tell us what was on the first page that there was going to be a test
tonight
Corrie: Mr. Mayor, I have one question and I am sorry I didn't bring it with me, I thought
it was great, you had 106% crime solving rate on one of them, is that a carry over from
something that you had?
Gordon: The officer not only solved all the ones he got last year but he solved some that
he had left over form the year before. That is how we got more solved than we received.
Corrie: It sounds like we may have a juvenile problem coming our way?
Gordon: That 82% juvenile crime is a national average or right close to it. I don't think we
are having a crime wave of any kind we are just fitting in with the national average and the
juveniles are committing most of the crimes. It came out really good, and my intention was
not to put you on the spot, I got here a little late and I realized that. If you have any
questions once you get a chance to go through that give me a call.
Kingsford: Thank you Chief, Counselor?
Crookston: I would just pass along to the Councilmen a memorandum that I received
today from, it is written by an assistant Attorney General David Hyde, it is written to AI
Lance, Attorney General for the State of Idaho, just passing it along for your information
Meridian City Council
April 18, 1995
Page 35
about the Magistrate's court. The basic outcome of the memorandum is that it is a
legislative problem.
Kingsford: So that wasn't one of the things that we talked about before, you had discussed
it has being an administrative order or a judicial order, now what does it mean as a
legislative order?
Crookston: This does not address whether or not it is a judicial or an administrative order,
the comment is that the problem needs to be resolved not necessarily by the courts or the
County Commissioners, it needs to be resolved in the Idaho State Legislature. This does
not deal with the specific question at all, this is just some input from the Attorney General's
office that was forwarded to me. What happened was AI Lance had a discussion I believe
with one of the legislators that we had talked to Grant, and then AI called me and we
discussed a little bit. He asked me to send him everything that I had and I did, this is what
came back to me. It is not to me, but it was forwarded to me for my information.
Kingsford: For the Council's information, Mr. Crookston and I met last Wednesday with
Ada County Commissioners, Greg Bowers the prosecutor, David Navarro County Clerk,
Ted Argyle their legal counsel of the civil for the County, Ted Ellis, Dave O'Leary from
Garden City.
Crookston: And Garden City's attorney and the 3 Commissioners.
Kingsford: We had expected to have Judge Newhouse there, he had a death in the family
and was unable to attend. The general discussion at least from the County
Commissioners were they anticipate having a court house that would warrant a building
that we might build at least in my estimates around a million dollars that within 3 to 5 years
it would be obsolete that they would take all the courts back over there into their new mega
court. So, it seemed, my opinion was it went full circle back where we were 8 to 10 years
when I first got the bit put on me for some money to pay for the Magistrate Court. I told
them it was very nice that Boise volunteered to do that, but that was not our problem. It
was a county matter, and of course the City of Boise with the Ada County Prosecutor's
office joined us in Court to provide space as they can under Idaho Code. So I am not sure
where we are going to end up being, they have been trying to put together yet another
meeting that will involve us, Boise, Garden City and Judge Newhouse and that should be
forthcoming in the next 2 weeks or 3 weeks.
Crookston: I think it has been moved, the (inaudible) into May, is that right, is that where
we are at Will?
Kingsford: I hate to break this to you Counselor but May is in the next 3 to 4 weeks too.
Meridian City Council
April 18, 1995
Page 36
Time is marching on.
Crookston: Early in May is not bad (inaudible).
Corrie: Mr. Mayor, I know this is probably a bad question, what what did the 3
Commissioners come out on this, did they even come close to each other?
Kingsford: Well, it was very interesting, but I don't think they have a clue what it was all
about. I don't mean that facetiously, they (inaudible) it is not in their domain. They didn't
recognize that and J am not sure they recognize it after the fact. But to their credit that
meeting was facilitated by the County Commissioners, my request of Mr. Simmons that we
put together a group and see if we can't come to some sort of a resolution before. There
is no way we are going to come up with a building, first off we don't have the time to do it,
second off we don't have the money to do it. I think they recognize that. Again, I think
they just want to get into our pocket for some money to fund clerks and some equipment.
I want to talk to John (inaudible) they went through this same thing with Bannock County,
probably 7 or 8 years ago and I don't remember the resolution they (inaudible) visit with
him. It is an interesting process. I think the Attorney General is absolutely correct, this is
something that the State needs to remedy not the inefficient County government that we
have in Idaho today.
Corrie: Well, I was kind of under the impression talking to one of the Commissioners that
they are not, that this particular wasn't too crazy about us doing this at this point because
of their mega building.
Kingsford: That is correct. Let me clarify, one of the Commissioners I think to his credit
Mr. Glenn, while I was reading a book on some other subject, did recognize very clearly
that they didn't have any domain there and wondered why they were reading anyway.
Anything else Counselor?
Crookston: No
Kingsford: Mr. Morrow?
Morrow: The only question is with where are we at with respect to the personnel policy?
Kingsford: I went through that and the draft that we ran off from the ICRMP folks, I threw
in some numbers and had Anna change some names to Mayor and Council and some
things just a point of reference for you guys to review. So I would ask that you take a look
at that again and treat it as a draft and move along and see if we can't get this thing
adopted by the first or second meeting in May.
Meridian City Council
April 18, 1995
Page 37
Morrow: Okay, so this would be the latest draft and we can review this and then.
Kingsford: I would hope that you would be ready to have some pretty good roundtables on
this next week when we have our strategic planning meeting. Any questions or comments
about that? Disagreement, agreement? Anything else Walt?
Morrow: No, that will cover it.
Kingsford: Max?
Yerrington: Nothing sir.
Kingsford: Bob?
Corrie: Yes, Mr. Mayor, we opened bids the fire department, the City opened the bids for
an EMS rescue truck. They came in from anywhere from $47,200 up to $59,320. We are
looking those over and trying to decide how we want to go on that. We will bring that back
to the Council probably at the next meeting what the Rural Commissioners have looked
at and decided upon and we will bring it back to the Council at that point.
Morrow: How many bids did you have?
Corrie: 3
Kingsford: And that is a one ton chassis Bob?
Corrie: One ton chassis, 4 x 4 and with a box emergency, EMS rescue box on the back.
It will not be a carrying type van but strictly a primary care call unit plus some rescue
coming in as well. As you know we are running now with the squad truck and also 306
has some emergency equipment for heavy rescue. We will need something a little less
expensive to drive for EMS calls along with the ambulance.
Morrow: This will replace the squad or 306?
Corrie: It will replace the squad and one of the vans. Also, I will talk with you Walt on this
other one, that is all I have Mr. Mayor.
Kingsford: Ron?
Tolsma: Nothing
Meridian City Council
April 18, 1995
Page 38
Kingsford: First, I would like to introduce Loren Roberts, the new mild manner reporter
from the Valley News sitting out here, I hope the Council will welcome him. We look
forward to your articles. Next item, I have been in discussion with Gary Fletcher with St.
Luke's for probably a month or maybe a month and a half and he asked me to keep a lid
on it because he hadn't ran it by his board and now he has. Nothing cast that I have
committed to but that I like the idea and that was they have excess land currently around
their western campus on Eagle Road and propose that if the City would like to use some
of that land for a temporary ball fields that they would be glad to do some things with us
including grass seed and that sort of thing. So I personally thought it was an excellent
idea and really welcome that. Now that the board had approved that concept for St. Luke's
I want to make the Council aware of that and hopefully we can make some, I thought
possibly soccer fields. Given the nature you don't want to put anything in that will be real
permanent and that sort of thing that we might be able to centralize some soccer out there
and for very little money utilize that space in conjunction with St. Luke's and have some
recreation.
Morrow: Question, do we have a feel for time frame here?
Kingsford: Their basic time frame they thought at least 3 years and 5 to 10 possibly. That
is why I say I don't think we want to sink a lot of money but I think it would be a real
opportunity for us. They are going to flatten the land and it will be something that will be
just a matter of us caring for it a bit.
Morrow: Let me throw this out to you, in old South Boise, the East Boise Little League, the
ground where the Palace School is and put extensive ball fields, as I recall there was no
real grass in terms of the out fields or anything like that but they utilized that facility for
many years. I think they put it in at their own expense.
Kingsford: That was my thought that we could very possibly have either soccer or maybe
some of those different organizations would be willing to do that sort of thing. I didn't want
to jump on you and make it public until they had authorized it.
Morrow: Are you going to coordinate with the local soccer and little league folk?
Kingsford: Yes, any of you guys that may have access to them if you would funnel those
along and we can discuss it.
Yerrington: About how much land would be available for this?
Kingsford: They had some layouts that I will get from Gary and you will be able to see
those. As I recall they had (inaudible) I believe 5 fields. Realistically I think we are talking
Meridian City Council
April 18, 1995
Page 39
about, if you are talking soccer maybe 3, pretty much on the north side of the property line.
Already we discussed the personnel manual. I would ask you guys that have reviewed,
I need approval of that 93 Audit. The reason that was so late in coming guys was we had
the computer break down, they had to do a whole bunch of checking on material by hand.
That audit I think was in your box last week. I believe that I saw that, I think maybe even
Wednesday, we had a department head meeting Monday. Regardless of when you had
it, if you are not ready to act on it we can put that as an item for the meeting next Tuesday.
If you are comfortable with it we do need to approve that, whichever is your. Have you
reviewed it, some of you have not is that what I am hearing?
Tolsma: (Inaudible)
Kingsford: Well, let's put that on Will for the next meeting and you guys please review that
for next Tuesday as well.
Corrie: I was just going to say, you want to make sure you are looking at 1993 on that
because J looked at it and I was a little bit shocked at a couple of things and then I realized
it was 1993.
Kingsford: And realize that a couple of those audits just by nature of its delay are going to
be showing up in the 1994 audit as well because we haven't had time to correct them. But
most of them have been rectified by the new software and so forth. The other item I have
is tomorrow morning at the hour of 6:45 you guys can all have breakfast with yours truly.
Pray for me a little bit, Lord knows I need it. Anything Mr. Berg? I would entertain the
infamous motion.
Corrie: So moved Mr. Mayor.
Tolsma: Second
Kingsford: Moved by Bob, second by Ron to adjourn, all those in favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 9:21 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
Meridian City Council
April 18, 1995
Page 40
ATTEST:
APPROVED:
CITY COUNCIL MEETING - APRIL 18, 1995
DEPARTMENT REPORT - CITY ENGINEER
1.) BID RESULTS - TERTIARY FILTER ADDITION
Wastewater Treatment Plant
2.) Ratify Easement Signatures - Five Mile Creek Sewer
Line Extension Project
3.) Authorize Sanitary Sewage Lift Station Location
Engineering Study - Ashford Greens Subd.
R~. ECFlIlJF'4"fu
. re.L "'-oJ;!. 'tv L.It.JI
APR 1 7 1995
CITY OF MERIDIAN
BID OPENING FOR
CONSTRUCTION OF FILTER ADDITION
April 7, 1995 - 2:00 P.M.
BIDDER NA1VIE AlVlOUNT BID
ALT. DEDUCT BID ITEM
ENGINEERS ESTIMATE $317, I 00.00
NORTHWEST TECHNOLOGIES $372,270.00
RODDY EVANS CONST. $322,178.00
ROSS ENTERPRISES $285,000.00
TRAMMEL $262,825.00
TURNEY, INC. $294,429.00
N/A
NONE LISTED
NONE LISTED
NONE LISTED
(AQUA AEROBIC)
-12,000.-
NONE LISTED
FIVE IVIILE CREEK SANITARY SEWER EXTENSION PROJECT
Easement Signature Ratification - by City Council
1. Bedelco
2. Ralph & Nola Madden
3. 6or~-'ftty & Sandra Cullip
4. Morgan & Marilyn Plant
5. Juan Zulaica
6. James F. Griffin ..
7. Duane & Wanda Burchert
8. Judy Hambley & Bonnie Robinson
HUBBLE ENGINEERING, INC..
9550 Bethel Court iii Boise, Idaho 83709
208/322-8992 III Fax 208/378-0329
March 31, 1995
RECEIVED
API-< lJ D 1995
Mr. Gary D. Smith, P.E.
City Engineer, City of Meridian
33 E. Idaho St.
Meridian, ID 83642
MERIDIAN
CITY ENruNEER
RE: Scope of ServiceslProposal
Ashford Greens Sanitary Sewer Lift Station
Dear Gary,
Thank you for the opportunity to submit this proposal for engineering services for the above
mentioned project. Pursuant to our telephone conversation yesterday, it appears that the most
realistic approach to this design is to examine the project in two parts: (1) Analysis and planning
for immediate and future flow requirements. (2) Design of lift station based on conclusions from
part (1).
Due to the number of unknowns that currently accompany the physical design of the lift station, we
propose at this time to provide services for the analysis and planning portion of the project only,
based on the tollowmg scope at services.
(1) Analyze existing and near future flows to the system within a specified time frame less than
ultimate buildout.
(2) Analyze JUB Facility Plan to determine practical amount offlows that the system will see
within its useful lifetime.
(3) Analyze the potential of future additions to the lift station including, but not limited to
additional pumps, additional wet wells. etc.
Mr. Gary D. Smith
March 31, 1995
Page Two
(4) Coordinate with city personnel to make a recommendation for sizing the lift station for both
short term and long term requirements.
We propose to complete the above scope of services for a fixed fee sum of $3,000.00.
Please feel free to call me if you have any questions or wish to discuss this proposal further. We
look forward to working with you in resolving this issue.
Sincerely,
4:!:m#
Senior Project Manager
GPS/vw/pro.253
............
rRCJ2/ved 4-;e-CjI;i
C;C hlft ;tJ.~
MEMORANDillil
\ :
"-
'\
TO:
Attorney General AI Lance
Chief of Staff Dave Hennessey
FROM:
Deputy Attorney General Dave High S
~-:~.
DATE:
April 10, 1995
RE:
Cowt Order Directing Meridian and Garden City to Provide Facilities for
Magistrate's Division
I have attached a copy of Idaho Code S 1-2218 which requires cities to provide
quarters, staff personnel, etc., for the magistrate's division upon order of a majority of the
district judges of the judicial district. The information I have indicates that an order was
issued on August 12, 1994, directing Garden City and Meridian to provide quarters for
the magistrate's division. On August 26, 1994, the attorneys for those wo cities filed a
request to reconsider or delay imposition of those obligations. The cities raised issues of
jurisdiction since the order was issued ex parte. Also, the cities objected to contributing
money for a court in another city and argued that the requirement itself amounted to
double taxation since city residents also pay county taxes which pay for the court
facilities.
The cities argued in the alternative that the order should be delayed since it was
too late in the budget process for the cities to raise the taxes necessary to accommodate
the cowt's order. The cities asked that the order be stayed until October 1, 1995. By
letter of March 8, 1995, the cines were notified that the district judges of the Fourth
Judicial District had met and confmned their previous order but granted an extension of
the court's original order until October I, 1995.
The facts of this case raise some interesting questions. The matter began when the
City of Boise filed a petition with the court complaining that the City of Boise was
bearing the entire financial burden of supporting the magistrate's division. The district,
court judges then issued their order prior to any service of the petition upon Garden City
and Meridian. If the court was acting in a judicial capacity as opposed to an
administrative capacity, the court was clearly without jurisdiction. However, it does
appear both from that order and the later letter to Meridian that the court considers itself
to be acting in an administrative capacity pursuant to the statute. This is probably a
correct reading of the statute.
."': -it might be worthwhile for the legislature to reconsider this approach to funding of
the magistrate's division. First, it seems that Boise probably had a legitimate gripe that
the prior order required it to provide all the support for the magistrate's division.
Likewise, Meridian and Garden City are justified in complaining about an order being
delivered to them without any notice or consultation and without reference to their 0\Vll
budget procedure. Also, Meridian and Garden City point out that other cities within the
district are not required to contribute toward the system. From a legislative standpoint, it
would also probably be worth considering whether the statute gives the court too much
power to dictate the amount of funding and support that will be required for the courts. It
is questionable whether adequate checks and balances are in place when a particular
agency such as the courts are allowed to, in effect, dictate the level of appropriation. 1ms
question seems particularly compelling here when you consider that an appeal from an
administrative order would be taken to the Fourth Judicial District Court. A writ in the
Idaho Supreme Court. would probably be unavailable since writs cannot be used to
challenge an abuse of discretion. Rather, they require a showing that a lower board or
tribunal was without jurisdiction to take the kind of action taken. It might make more
sense to legislatively assign the responsibility for making such a determination to the
board of county commissioners.
In summary, I think Meridian and Garden City have a legitimate complaint.
However, I believe the solution is legislative rather than judicial.
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1-2217
COURTS AND COURT OFFICIALS
80
. .
1-2217. Facilities and equipment provided by county. - Each
county in the state shall provide suitable and adequate facilities for the
magistrate's division of the district court, including the facilities an,d equip-
ment necessary to make the space provided functional for its intended use,
and shall provide for the staff personnel, supplies, and other expenses of the
magistrate's division. [1969, ch. 121, 9 1, p. 381.J
Opinions of Attorney General.. The staff
personnel provided by the co=ty or city are
not given specific statutory authorization to
perform any of the f=ctions of court atten-
dants, nor are they recognized as peace offi-
cers; thus, they are not competent to perform
the full range of security-functions of court
attendants. QAG 87-3.
1-2218. Facilities and equipment provided by city. - AIXj city in
the state shall, upon order of a majority of the district judges in the judicial
district, provide suitable and adequate quarters for a magistrate's division
of the district court, including the facilities and equipment necessary to
make the space provided functional for its intended use, and shall provide
for the staff personnel, supplies, and other expenses of the magistrate's
division. [1969, ch. 121, 9 2, p. 381.J
Opinions of Attorney Genet"3l. The staff
personnel provided by the co=ty or city are
not given specific statutory authoru:ation to
perform any of the functions of court atten.
dants, nor are they recognized as peace offi.
cers; thus, they are not competent to perform
the full range of security functioD-S of court
attendants. OAG 87-3.
1.2219. Magistrates - Salaries and travel expenses. - The state
shall provide for the salaries and travel expenses of the magistrates of the
district court. [1969, ch. 121, 9 3, p. 381.J
Compiler's notes, Section 4 of S.L. 1969,
ch. 121 provided that the act should be effec-
tive at 12:01 A.M. on January 11, 1971.
1-2220. Retention or nonretention of magistrate by vote. - Any
magistrate appointed pursuant to the provisions of section 1-2205, Idaho
Code, and section 1-2207(2), Idaho Code, shall stand for office in the ?rst
general election next succeeding the expiration of the eighteen (18) month
period established pursuant to section 1-2207, Idaho Code. Any magistrate
may, not less than sixty (60) days prior to the holding of the general elec-
tion next preceding the expiration of his term of office, file in the office of
the county clerk of the county for which he is a resident magistrate, accom-
panied by a ftling fee of forty dollars ($40.00), a declaration of candidacy to
succeed himself. If a declaration is not so filed by any magistrate, the
vacancy resulting from the expiration of his term of office shall be filled by
appointment as herein provided, except that any magistrate who does not
file shall be ineligible for appointment within the same judicial district
until two (2) years following the expiration of his last term of office have
expired. If such a declaration is filed, his name shall be submitted at the
next general election to the voters eligible to vote wi~ ~ t~.~ _c'~~ty for
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ORDINANCE NO. 701
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE
ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A PARCEL IN THE SE 1/4 SE 1/4 OF SECTION 3, T.3N.,
R.1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to change the zoning from R-4 Residential to Limited
Office (L-O), for the following described parcel in Section 1
below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1.
That the aforementioned real property which is
described as follows:
A parcel in the SE 1/4 SE 1/4 of Section 3, T.3N., R.1W.,
B.M., Ada County, Idaho, being described as follows:
Commencing at the Southeast corner of said Section 3;
thence,
N. 89016'54" W., (formerly N. 89016'13" W. per plat of
Cherry Lane Village No. 1 Subdivision, filed in Book 44
on Pages 3537-3539 in the Ada County Recorder's office)
210.00 feet along the southerly line of said Section 3;
(', c.: (' ': ;, 2 r'? thence,
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f1.rIr-r. _.1~N. 00018'30" E., (N. 00019'11" E.) 35.25 feet to the new
LAlVtr 8(r' ,. .. northerly sideline of Cherry Lane as shown on plans
',: ,', prepared by CH2M Hill for the Ada County Highway
,I ,., \ ,-, District, and the POINT OF BEGINNING; thence,
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N. 00018'30" E., 284.75 feet along the boundary of Block
1 of said Cherry Lane Village Subdivision to the
::;;, .', 2 i northeasterly corner of Lot 3 Block 1 of said
I jc~bdivision; thence,
....:i,'ro;S. 89016'54" E.,. (S.,89016'13" E.) 165.00 feet alo~g s,;-id
boundary to a po~nt ~n the proposed new westerly s~del~ne
of North Ten Mile Road; thence,
REZONE ANNEXATION ORDINANCE - FULLER
Page - 1
;."')J
S. 00018~30" W., 255.88 feet along said sideline, being
along a line parallel with and 45.00 feet west of the
easterly line of said Section 3; thence,
S. 45047~58" W., 42.77 feet to a point in the proposed
new northerly sideline of Cherry Lane; thence,
N. 88042'45" W., 134.51 feet along said new sideline of
Cherry Lane to the POINT OF BEGINNING.
be, and the same is rezoned from R-4 Residential to Limited Office
(L-O) and Section 11-2-425, Official Zoning Maps is hereby amended
to reflect the same. This rezoning is subject to the conditions
referenced in the Findings of Fact and Conclusions of Law as
adopted by the Meridian City Council on the request for rezone.
Section 2.
The Applicant shall comply with all of the
Ordinances of the City of Meridian including the Fire Code, Life
Safety Code, and the Uniform Building, Electrical, and Plumbing
Codes.
Section 3.
That if Applicant shall fail to meet the above
conditions the property shall be subject to rezone back to R-4.
Section 4.
EFFECTIVE DATE:
There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and approval
as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this /&~ day of April, 1995.
APPROVED:
~p~~
MA OR -- GRANT P. I SFORD
REZONE ANNEXATION ORDINANCE - FULLER
Page - 2
ATTEST:
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CITY CLERK -- WILLIAM G. BERG, JR.
STATE OF IDAHO,)
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County of Ada, )
I, WILL BERG, City Clerk of the City of Meridian, Ada County,
Idaho, do hereby certify that the above and foregoing is a true,
full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE
CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL
PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL IN
THE SE 1/4 SE 1/4 OF SECTION 3, T.3N., R.1W., B.M., ADA COUNTY,
IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No.
70\d by the City Council and Mayor of the City of Meridian, on the
t~~ day of April, 1995, as the same appears in my office.
DATED this ;'~~ day of April, 1995.
J;M~A'&J'.
City Clerk, City 0
Ada County, Idaho
STATE OF IDAHO,)
ss.
County of Ada, )
On this ~day of April, 1995, before me, the undersigned,
a Notary Public in and for said State, personally appeared William
G. Berg, Jr., known to me to be the person whose name is subscribed
to the within and foregoing instrument, and acknowledged that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written,. , . .
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REZONE n~~~QR~~~ANCE - FULLER
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ORDINANCE NO. 702
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE
ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A PARCEL OF LAND IN WEST HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 1 OF TOWNSHIP 3 NORTH AND RANGE
1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the ci ty of
Meridian, Idaho, have concluded that it is in the best interest of
said City to change the zoning from R-4 Residential to R-8
Residential, for the following described parcel in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1.
That the aforementioned real property which is
described as follows:
. .. A,parcel of land in West half of the Southeast quarter of
3 ~1 [} j u ? (tije Southwest quarter of Section 1 of Township 3 North
15""03 O:;2;:2/;l and Range 1 West of the Boise Meridian, Ada County,
~ 4 ~aho, more particularly described as beginning 280 feet
" . ..:i.)Htlest of the Southeast corner of the West half of the
"'. ,. ..." ,.$outheast quarter of the Southwest quarter of said
, " ~ Section 1;
60i=".-:= :)
''/5 /11qy 'f PM .:t:;tfHENCE
, 95 fHi\ 'I ~.;; j " (THENCE
FEEi~a() CJt
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North, 120 feet to the REAL POINT OF BEGINNING;
North, 210 feet;
T.HENCE West, 120 feet;
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THENCE South, 210 feet;
THENCE East, 120 feet to the REAL POINT OF BEGINNING.
be, and the same is rezoned from R-4 Residential to R-8 Residential
and Section 11-2-425, Official Zoning Maps is hereby amended to
reflect the same.
This rezoning is subject to the conditions
referenced in the Findings of Fact and Conclusions of Law as
REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 1
J~
adopted by the Meridian City Council on the request for rezone.
Section 2.
The Applicant shall comply with all of the
Ordinances of the City of Meridian including the Fire Code, Life
Safety Code, and the Uniform Building, Electrical, and Plumbing
Codes and shall meet the following conditions:
a. That the homes constructed in the R-8 District shall be
only be single family detached homes with one home on
each lot.
b. That the homes shall meet the R-4 size requirement of
1,400 square feet so that they are more compatible with
the other homes that front on Leisure Lane.
c. That the Applicant shall subdivide the land and submit a
subdivision plat for the entire area, including the
property recently rezoned to Limited Office, showing how
the property is to be developed.
d. That no building permits shall be issued until the above
requirements are met.
e. That the Applicant shall connect to Meridian sewer and
water and meet the requirements of the City Engineer for
those connections and extension of the sewer and water
lines.
f. That the Applicant shall meet the twenty foot landscape
strip required under 11-9-605 G.
g. That the Applicant shall file an application for a
variance if he does not desire to meet the set back
requirements of the Zoning Ordinance.
h. The Applicant shall enter into a development agreement
with the City.
Section 3.
That if Applicant shall fail to meet the above
conditions the property shall be subject to rezone back to R-S.
Section 4.
EFFECTIVE DATE:
There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and approval
REZONE ANNEXATION ORDINANCE - GAMBLIN
Page - 2
as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this ;gr5:day of April, 1995.
APPROVED:
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STATE OF IDAHO,)
.
.
SSe
County of Ada, )
I, WILL BERG, City Clerk of the City of Meridian, Ada County,
Idaho, do hereby certify that the above and foregoing is a true,
full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE
CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL
PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF
LAND IN WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 1 OF TOWNSHIP 3 NORTH AND RANGE 1 WEST OF THE BOISE
MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.";
passed as Ordinance No. 702 , bv the City Council and Mayor of the
City of Meridian, on the Ig'~ day of April, 1995, as the same
appears in my office. .
DATED this /IJf'1= day of April, 1995.
REZONE ANNEXATION ORDINANCE - GAMBLIN
Page - 3
STATE OF IDAHO,)
S5.
County of Ada, )
On this )q~~day of April, 1995, before me, the undersigned,
a Notary Public in and for said State, personally appeared William
G. Berg, Jr., known to me to be the person whose name is subscribed
to the within and foregoing instrument, and acknowledged that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
SEAL
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