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HomeMy WebLinkAbout1995 07-05 MERIDIAN CITY COUNCIL AGENDA WEDNESDAY, JULY 5,1995 -7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JUNE 20, 1995: (APPROVED) MINUTES OF SPECIAL MEETING HELD JUNE 27,1995: (APPROVED) 1. TABLED JUNE 20, 1995: FINAL PLAT FOR WINGATE PLACE SUBDIVISION NO.2 BY D.W. INC.: (APPROVED WITH CONDITIONS) 2. TABLED JUNE 20,1995: FINAL PLAT FOR LOS ALAMITOS PARK SUBDIVISION NO.2 BY FARWEST DEVELOPERS: (TABLED UNTIL JULY 18, 1995) 3. TABLED JUNE 20, 1995: FINAL PLAT FOR SALMON RAPIDS SUBDIVISION NO.2 BY FARWEST DEVELOPERS: (TABLED UNTIL JULY 18, 1995) 4. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY WilD SHAMROCK PARTNERSHIP: (APPROVED) 5. FINAL PLAT: DANBURY fAIR SUBDIVISION NO.5, 33 LOTS BY B.W. INC.: (APPROVED SUBJECT TO STAff CONDITIONS) 6. FINAL PLAT: DANBURY FAIR SUBDIVISION NO.6, 12 LOTS BY B.W. INC.: (APPROVED SUBJECT TO STAff CONDITIONS) 7. ORDINANCE #706 - READOPTING 2-1001: (APPROVED) 8. WATERISEWERlTRASH DELINQUENCIES: (APPROVED) 9. APPROVE BILLS: (APPROVED) 10 DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER 1. UPDATE ON WATER PRESSURE PROBLEM: 2. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT: B. SHARI STILES, PLANNING & ZONING ADMINISTRATOR 1. DEVELOPMENT FEE FOR GOLF COURSE - $650.00/UNIT C. WAYNE CROOKSTON, CITY ATTORNEY: 1. LETTER TO BRIGHT CORPORATION: 2. AVEST CC&R'S (APPROVED) D. WALT MORROW, CITY COUNCILMAN: 1. CITY ATTORNEY TO WRITE LETTER TO OWNERS OF OLD MERIDIAN HIGH SCHOOL: E. BOB CORRIE, CITY COUNCILMAN: 1. GOLF COURSE DEVELOPMENT FEE: F. MAYOR KINGSFORD: 1. RENTAL AGREEMENT BY FIRE DEPARTMENT AND IDAHO DEPT. OF LANDS: (APPROVED) 2. REQUEST FOR 50% REFUND OF APPLICATION FEE FOR HIGHLANDS RANCH BY WESTPARK COMPANY: (DENIED) 3. MASONIC TEMPLE LEASE AGREEMENT: (APPROVED) MERIDIAN CITY COUNCIL JULY 5,1995 The regular meeting of the Meridian City Council was called to order by Mayor Grant P. 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, Chief Gordon, Jim Johnson, Dan Torfin, Boy Scout Troop #210: MINUTES OF PREVIOUS MEETING HELD JUNE 20, 1995: Kingsford: Council members you have had the minutes of the previous meeting held on June 20, any corrections to those minutes? Yerrington: Mr. Mayor I move for their approval. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of the June 20 minutes, all those in favor? Opposed? MOTION CARRIED: All Yea MINUTES OF SPECIAL MEETING HELD ON JUNE 27,1995: Kingsford: Are there any corrections to those minutes? Is there a motion for their approval? Corrie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve of the special meeting minutes of June 27th, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: I would like to welcome Boy Scout Troop #210 from Middleton with us this evening, it is a pleasure to have you gentlemen over. ITEM #1: TABLED JUNE 20, 1995: FINAL PLAT FOR WINGATE PLACE SUBPIVISIONS NO.2 BY D.W. INC.: Kingsford: Does the Council have any questions on the final plat for Wingate Place? Meridian City Council July 5, 1995 Page 2 Morrow: Why was that tabled at our last meeting? Kingsford: I think in part as a result of Mr. Smith's comments about water pressure. Is that true, were there other items from staff members. Mr. Smith and I discussed that at some length today and I guess I won't speak for Gary. I think we were comfortable that we have water, adequate volume and that well will be on long before. Morrow: And everything else is fine then as far as you are concerned and Shari is concerned? Smith: Mr. Mayor and Councilmen, the developers's engineer responded to my comments and they also came and met with Bruce Freckleton and myself concerning our comments. We resolved some of the questions that they had concerning our comments. I did want to make one comment though. The Highway District has seen fit to require the homeowners association to maintain storm water drainage facilities outside of the right of way. I thought I had an agreement with ACHD such that the homeowners association could maintain the surface of the drainage way if it was a common lot area so that, and then the Highway District would maintain anything that was sub-surface. They wanted the common lot so they had good permanent access to the subsurface facilities. They didn't want to have to fight something on the surface in order to get in and maintain the pipe or the seepage pit whatever it might be. I thought we had that worked and I recently had correspondence from ACHD on another subdivision and the individual that wrote the letter was saying otherwise. I did get a confirmation from them in fact just today whereby they say under specific criteria they will maintain the subsurface facilities as long as the surface is maintained by others. One of the conditions on this Wingate Place NO.2 Subdivision is the maintenance of the subsurface drainage facilities by the homeowners association. I don't have it ironed out with the Highway District apparently because of this last correspondence that I received from them. I don't know what their specific criteria is, I haven't had a chance to talk to them about it. My personal feeling is it should not be up to the homeowners association to take care of drainage facilities underground. The water is generated on the Highway District's right of way, some of it of course comes from the lots from the hard surface of the driveways, perhaps the roofs of the homes. But at a greater extent it comes from the roadways themselves. I think it is an unfair burden to put on a homeowners association. That most generally doesn't function very well anyway because it is difficult for a group of people to get together and especial1y to take care of something like that. So, I am just letting you know that situation exists and they have this one set up to be maintained by the homeowners association. I guess if the homeowners association wants to do it that is fine. The developer is saying that now placing that burden on future homeowners. I just feel that it should be the highway district. That is the only comment that I had on this particular plat that has not been resolved completely. I think it is resolvable because we did get a favorable comment from the highway district on this Meridian City Council July 5, 1995 Page 3 other subdivision. Morrow: I guess from my perspective I have always been under the impression that was, these things that we were approving that ACHD was going to maintain the underground for the very simple reason that homeowners associations don't have that type of expertise, how would they know when it is working or not working and it needs to be maintained. So I guess if the rules are changing it appears to me we need to find out what the rules are going to be or what the criteria is going to be. Because I am not in favor of casting the burden on a homeowners association that I know doesn't have the expertise to do that, it doesn't make sense. Smith: I think we can get that information from them Councilmen, I don't have it in written format other than the facsimile that I received today from their development analyst commenting that there are specific criteria that need to be met in order for them to maintain the subsurface. I believe the criteria would be a common lot area above the facility so that the highway district does have good clear access for maintenance and not an easement. Morrow: Would this be blanket criteria or site specific for each subdivision. Smith: I'm not sure, I have to get that resolved. Apparently the only way I can do it is to try a letter again and see if I can get a response. Other than that everything looks fine. Kingsford: Mr. Corrie has APA taken any further lead in creation of a county wide drainage district. They discussed it at some length before. Corrie: It is just in the discussion stage now Mr. Mayor, there is nothing solid about it. They haven't even set up a committee for it yet but they have discussed it, that is as far as it has gone. Also Mr. Mayor if I may Shari, June the 18th you had some statements (inaudible) talk with the developer, have those all been taken care of particularly #10 and 11? Stiles: Councilman Corrie and Mayor and Council, I haven't had any response from the developer on these issues. I would assume that they would agree to all of these conditions if they haven't expressed any problem with them, we still do need to have the protective covenants reviewed that I guess would address what Gary is talking about prior to signature. Kingsford: Mr. Wood, have you reviewed those comments from Shari? (Inaudible) Meridian City Council July 5, 1995 Page 4 Kingsford: When you reviewed them did you have any problems? (Inaudible) Kingsford: Where are we at with the CC&R's? (Inaudible) Kingsford: Here are her comments if you don't have a copy of them. Council have any further questions for staff or the developer? Smith: Mr. Mayor, may I make a comment concerning the water pressure issue. We have, I think I mentioned this at the last Council meeting, we have changed sequence operation on some of the wells. Superintendent Stuart says he has noticed and our records indicated along with some people who live out in the area that the pressure has become more positive. We haven't resolved the complete issue yet but I think it is a short term situation. I don't think, and our consulting engineers that I have talked to that are helping us with our water system do not feel that it is a supply problem. Well No. 12 which has been out of operation for some time for rehabilitation is schedule to fire up tomorrow. It will pump water for a day or so before they turn it into the system. That alone is I think going to be a help in supplying water to the northwest part of town and eliminating or alleviating withdrawal of water from the northeast part of town and other parts of the City also. So, relating to the other final plats that were tabled for a similar reason my comments I think that we are in the same situation with them. The time as Mayor Kingsford mentioned, the time line between when these subdivisions are approved and construction takes place on site we should be in good condition for the pressure situation. Again, I don't feel that it is a supply problem, we have the water supply available. Kingsford: Certainly your information and I appreciate you providing that for myself and the Council would indicate that we use less water this year so far than we did a year ago and didn't seem to have as much of a pressure problem a year ago. Certainly the wells are not putting out what they are capable of by any means. Smith: They are not all running, generally speaking we have 3 wells running. Well No. 15 runs all the time, NO.1 0 is second well on and NO.8 and I think No. 11 falls in there close by. Those might be reversed, but anyway, three of the wells over the last 5 day period that Bruce was monitoring for me ran pretty much all the time. The other wells cycled on and off. One Well No. 7 and of course Well No. 12 is not operating, Well No. 7 did not come on at all. During that period of time there was one well in reserve at a minimum. Tolsma: Have you figured out how many gallons per minute really we had on reserve. I Meridian City Council July 5, 1995 Page 5 know CH2M Hill said we needed a 5% reserve capacity or something like this. Smith: No I haven't. Tolsma: But with the other wells how many GPM we could pump if we had to. Smith: With Well No. 12 and Well No. 16, 16 will be on line in September, we'll have about 10,700 GPM capacity. Out of that you need to eliminate your large well in order to call it firm capacity assuming that you have one well down. Our large well is No. 15 which is pumping 1900 and some gallons per minute. Kingsford: Any other questions of the Council? Gary I appreciate you giving us more information we really needed. Is the Council prepared to take action? Morrow: Mr. Mayor I would move that we approve the final plat for Wingate Place Subdivision NO.2 subject to staff conditions. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the final plat of Wingate Place Subdivision NO.2 subject to meeting staff conditions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED JUNE 20, 1995: FINAL PLAT FOR LOS ALAMITOS PARK SUBDIVISION NO.2 BY FARWEST DEVELOPERS: Kingsford: Does the Council have any questions for staff or the developer on that? Morrow: I do, I have questions for the staff primarily Shari and Gary with respect to, there is a notation here, actually on both items 2 and 3 talking about pressurized irrigation being supplied by the subdivision as opposed to being supplied by the homeowners association or the Nampa Meridian Irrigation District. I would like to see that issue resolved and addressed by the developer. Given recent events with respect to these subdivisions in Meridian Greens I would like to see all that stuff as part of the record and on the record and in writing. So I would invite both Gary's and Shari's comments with respect to Los Alamitos Park Subdivision. Smith: Mr. Mayor, Councilman Morrow, this issue came to light from a developer contacting me by telephone and subsequently came to visit. The lending institution FHA V A that he was trying to get his loan secured through for his home buyer was very Meridian City Council July 5, 1995 Page 6 uncomfortable and apparently would not finalize the loan because of their uncertainty as to the regulation of the water user fees for the pressurized irrigation. The reason for this was because apparently the developer was going to operate and maintain the pressurized irrigation system. I told the developer that I didn't know how the rates were to be regulated or who was to regulate the rates. I also told him that there was no connection allowed by the homes to the City system for sprinkler water because their system is being provided with water from a well. Our policy has been that if well water is used for pressurized system there is no connection to the city system for sprinkler, yard sprinklers. The reason for that is because well water is always available and there is no reason for a connection to the City system. If it is a ditch water provision for the sprinkler systems then we are allowing a single point connection to the city system so that we can keep track of number one the water back flow prevention device, that is the most critical thing. We don't have a whole handful of devices to monitor and keep track, we have one at the pump station. Kingsford: On that light Counselor, in order for that developer to be the purveyor of irrigation water he would have to have PUC approval. I am talking about over 20 users and those rates would have to be regulated by the Public Utilities Commission. Crookston: Mr. Mayor I am not quite certain because it is not domestic water. It is basically irrigation water and I don't believe that the PUC let's say controls the various irrigation district. Their rates are not overseen by the PUC. Kingsford: But they were set up prior to the State. Crookston: Some of them. Kingsford: All the ones for this valley were. Crookston: I don't know, but that would be my only guess as to that question. Tolsma: It would not be that each lot has bought its own individual water rights that this developer once he sells the lot is not in control of the water rights anymore. He has to actually the sell the water rights back to the people (inaudible) if he is charging a fee for delivering irrigation water. Crookston: It is my understanding in this subdivision that he is using well water of which there would be no water rights, surface water rights at least to each lot. If it is well water then it comes from his source. Kingsford: I think even further he contended that at least in one or other of both of these subdivisions that there was not irrigation water available, that they weren't a part of any Meridian City Council July 5, 1995 Page 7 irrigation districts. Crookston: That is my understanding in one of either Los Alamitos or Salmon Rapids. Kingsford: Well, certainly that is something I would like to have ironed out prior to approval. I would caution the Council on getting involved in allowing businesses starting in the area of irrigation water distribution. Our intent is to limit the need of our domestic system, it is not to set up businesses for people out there. Morrow: I think there is a lot of gray area here. The other thing with respect to the PUC some years ago they did away the ability of an owner to resale regulated utilities such as water, power and those kinds of things in multi-unit complexes. So I think that all of these questions need to be addressed before we move on on either one of these. The other, Gary's site specific comments on item 1 it seems as of June 19th the plat doesn't conform with the previously approved preliminary plat. The acreage reported in the application appears to be an error because of this error the density of lots per acre are also in error. The preliminary plat that we have on record as approved is titled Sagehen Estates Subdivision a revised preliminary plat hasn't been submitted to the City as a result of public hearings and our comment process. Now that would seem to indicate to me everything that was done before the public forum or in the public arena here and hearings before us and the P & Z, if I understand this correctly has not been acted upon by the developer, is that correct Gary? Or just exactly what is being said here? Smith: The plat that was originally submitted as Sagehen Estates bears some resemblance, or the final plats being submitted now bear some resemblance to the preliminary plat. But there are some major differences that have taken place in lot arrangement, street alignment and so forth. Morrow: Thank you, Mr. Mayor, from my standpoint and for point of discussion I am not prepared to move forward on this item at all until all of these issues are resolved and resolved in witting and addressed. Particularly the inconsistencies with the plat and with the irrigation and the water issue. It doesn't make sense to me if we proceed forward. Kingsford: Under item 7, Gary, the FEMA floodplain, have you received any correspondence from FEMA on that. I know we have gotten 3 or 4 that I don't remember one specific to this subdivision. Smith: Mr. Mayor, the Nine Mile Creek, Nine Mile Drainage that basically bisects this property was not studied, was not included in the study area by FEMA. They have done some study work downstream and in fact found that it would be necessary to replace a culvert just to the north of Los Alamitos in order to get Nine Mile Creek through that Meridian City Council July 5, 1995 Page 8 roadway crossing. That has been done by this developer, he did commission a hydrologist to do that. It is kind of standard comment that we put on these subdivisions so we don't, so we do address the floodplain issue if it does exist. Kingsford: You started with something else Gary? Smith: I just wanted to mention that I have not heard from the developer or their representative concerning my comments at least. Kingsford: Have you heard from them Shari on your comments? Stiles: I have not had any response from the appl icant or his representative on any of my comments. Most of them are relatively minor. I did talk to Marty Goldsmith today and I didn't realize he was on the agenda tonight. I didn't have the agenda with me so he wasn't aware. But since Dave Roylance was at the last meeting I would have thought he would have informed him of what happened last meeting. Kingsford: Councilmen? Morrow: Mr. Mayor I would move that we table this proposal until our July 18th meeting. Tolsma: Second Kingsford: Moved by Walt, second by Ron to table until the July 18th meeting, discussion Mr. Corrie. Corrie: My question is Walt do you think that will be enough time for them to do all of that or is it going to take 4 weeks? Morrow: Bob it could easily take 4 weeks to iron everything out but I think at the very least that they ought to have an opportunity to present their case. Corrie: (Inaudible) Kingsford: Any other discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED JUNE 20, 1995: FINAL PLAT FOR SALMON RAPIDS SUBDIVISION NO.2 BY FARWEST DEVELOPERS: Meridian City Council July 5, 1995 Page 9 Kingsford: Some very strong similarities in the comments on those. Any further discussion or questions of staff? Corrie: Mr. Mayor, I move we table item #3 until the July 18th meeting. Yerrington: Second Kingsford: Moved by Bob, second by Max to table the final plat for Salmon Rapids Subdivision NO.2 until the July 18th meeting, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY WILD SHAMROCK PARTNERSHIP: Kingsford: Has the Council reviewed those amended findings? Corrie: Mr. Mayor, I just got them I am sorry, give me a second. Kingsford: What was with regard tot he fencing and tiling of the ditch. Is the Council prepared to take action on the findings? Morrow: Mr. Mayor, I move that we adopt and approve the findings of fact and conclusions as written. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the amended findings of fact and conclusions of law as written, 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? Morrow: Mr. Mayor, it is decided that the application for a variance from 11-9-605M is granted that the applicant shall not fence the Eight Mile Lateral. That the applicant shall place and construct the landscaping along the Eight Mile Lateral that its plan show. Meridian City Council July 5, 1995 Page 1 0 Yerrington: Second Kingsford: Moved by Max, second by Max to approve of the decision on the findings, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT: DANBURY FAIR SUBDIVISION NO.5, 33 LOTS BY B.W. INC.: Kingsford: Does staff have any questions of the developer or staff? Morrow: I have a question of Gary, site specific comments No.2, street frontage of lots 47, 49 of Block 8 don't meet the minimum requirements for an R-8 zone. Please revise to provide a minimum of 65 feet or (inaudible) has that been addressed? Smith: Councilman Morrow, do you mean by the applicant? Morrow: Yes Smith: I haven't heard from them directly about it. I don't think that it is a problem. I guess I should say it needs to be 65 feet unless a variance is requested. I think they can get that alright. Morrow: The 65 feet? Smith: Yes Kingsford: Have you reviewed Gary's comments? (Inaudible) Morrow: You are agreeable to all of the site specific comments (inaudible) Kingsford: Dan would you come up so we have you on tape, we want to be able to hang our hat on what you said. Torfin: I have reviewed his comments, I just received the Planning Director's comments tonight but I think we can address all of those comments and make sure we have taken care of all of the requirements before the plat is signed. Kingsford: Any other questions for Mr. Torfin? Meridian City Council July 5, 1995 Page 11 Morrow: Same question, your pressurized irrigation is being handled by the irrigation or drainage district or homeowners association correct? Torfin: Councilman Morrow, Nampa Meridian Irrigation District we are in negotiations with them right now to take over the system. The main system is under construction right now and we should be firing our pumps up this week. Morrow: I have no other questions. Kingsford: Any other questions of the Council? Is there a motion? Morrow: Mr. Mayor I would move that we approve the final plat for Danbury Fair Subdivision NO.5 subject to staff conditions. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the final plat of Danbury Fair Subdivision NO.5 conditioned upon staff comments being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINAL PLAT FOR DANBURY FAIR SUBDIVISION NO.6, 12 LOTS BY B.W. INC.: Kingsford: Does the Council have any questions on No.6? Morrow: You are agreeable to the same staff conditions and staff comments? Kingsford: For the record the answer was in the affirmative. Morrow: I have no other questions. Kingsford: Is there a motion? Morrow: Mr. Mayor I would move that we approve the final plat for Danbury Fair Subdivision NO.6 subject to completing staff conditions. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the final plat for Danbury Fair Meridian City Council July 5, 1995 Page 12 Subdivision No. 6 conditioned to all staff conditions being met, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Did you talk with Nampa Meridian, was it you that I got a correspondence from with regard to the standards that Nampa Meridian requires on irrigation? I apologize, I was thinking it was. I was going to ask if there have been any discourse between you on those standards. Torfin: (Inaudible) Kingsford: I thought if anybody knew what was needed it would be you (inaudible) Torfin: (Inaudible) ITEM #7: ORDINANCE #706 - READOPTING 2-1001: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 2-1001 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID SECTION PROVIDING FOR THE ADOPTION OF THE 1994 UNI FORM FIRE CODE AS AMENDED WITH CHANGES TO SECTION 2.303, 4.108 AND 10.507 H ARTICLE 78, ARTICLE 79 AND THE ADOPTION OF THE FOLLOWING APPENDIXES, 2-A, 2-F, 3-A, 3-B, 3-C, 5-A STANDARDS, 6-A HAZARDOUS MATERIAL CLASSIFICATION, AND 6-D UBC REFERENCE TABLES; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #706 read in its entirety? Seeing none I would entertain a motion on Ordinance #706. Yerrington: Mr. Mayor I move for the approval of #706 with the suspension of the rules. Corrie: Second Kingsford: Moved by Max, second by Bob to approve of Ordinance #706 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #8: WATERlSEWERlTRASH DELINQUENCIES: Meridian City Council July 5, 1995 Page 13 Kingsford: This is to inform you in writing if you choose to you have the right to a pre- determination hearing at 7:30 p.m. July 5, 1995 before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your sewer, water and trash bill is delinquent. You may retain counsel, your service will be discontinued on July 12th 1995 unless payment is received in full. Is there anyone from the public that would like to contest their sewer, water or trash delinquency? I would entertain a motion on the turn off list. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the turn off list, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list this month is $16,559.62. For the press I would just like to comment that is 200 turn offs if they don't get them paid by that time. We have had a significant increase in the number of turn offs each month. We need to see if we can't remedy that a little bit. I think the people know full well they are getting their water shut off they've had at least 3 notices, but none the less we would like to avoid that if possible. ITEM #9: APPROVE BILLS: Tolsma: So moved Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the bills, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: DEPARTMENT REPORTS: Kingsford: Mr. Smith? Under A, Gary Smith, City Engineer, update on the water pressure problem, do you want to make anything further than what you already have? Meridian City Council July 5, 1995 Page 14 Smith: I don't believe I have any other comments, unless you have some questions of me or Superintendent Stuart, Bruce is here tonight. Kingsford: We are blessed indeed to have Bruce with us. Does the Council have any questions of the pressure issue or the amount of water that was pumped. There is a very detailed document Gary put together on that issue I'm sure you were assisted by the Water Department. Morrow: My only comment would be a note of congratulations, those guys have done a hell of a job trying to get this thing chased down and put back together and they have worked very diligently at it for the last 2 weeks that I am aware of, 3 weeks that I am aware of. I for one would like to acknowledge that I think they are doing a really fine job researching it. I was kind of in on it from the very beginning and boy they had no place to start from and they have come from zero a long ways out in a very short period of time. A note of thanks for doing a heck of a job there for us. Kingsford: One of the things that Gary has I think expressed to this group and he and I have discussed at some length is the issue of tying some of the wells by zone into pressurize in the system rather than to have to be activated by the telemetries in the tower. I think certainly that is going to improve the pressure issue. I think if there is a problem out there being an old irrigator I think it probably rests in the fact that we have too small of pipes in the main part of town. I think our consulting engineer back eons ago when that was put together that thought a ten inch pipe would be adequate failed to run his calculator properly. We would have been a lot better served to have 14 or 16 inch pipe going out, maybe 10 out at the perimeter but I think given where we are at we are going to have to have those zones. Again I don't think we have a problem with the volume of water, we are going to have to make sure the pressure is there. It might necessitate booster pumps in some areas and so on. I also appreciate the effort that Bruce and Gary and the crew have put in on that. Anything else Gary? Smith: I just want to thank you for your comments and give Bruce a pat on the back because he fields telephone calls from residents and he has been keeping track of things fro me. He has been making some very good suggestions to try and remedy the situation. I want to pass that along to him and his staff. Kingsford: Shari? Stiles: Mr. Mayor and Council this is an item that Mayor you had requested I put on the agenda, the impact fee for the golf course. Impact fee may not be the appropriate terminology it has been discussed as $650 a unit and I don't know how that is being worked out whether it is a written agreement with those developers. The impact fee Meridian City Council July 5, 1995 Page 15 ordinance doesn't preclude private agreements with developers. Just for your information the fees generated from Ashford Greens and The Lake at Cherry Lane NO.3 and 4 at total build out will be $353,600. Kingsford: The reason that is slightly higher than what we had budgeted we have moved that figure from $600 to $650 at the agreement of both of the developers. For the Council's information I am requesting we have a contract with the City that it be collected so that everyone is aware. Morrow: I think the terminology of impact fee here is incorrect. Kingsford: Golf course development fee. Morrow: It is by their choosing that it is not included in the price of the lot. Historically every subdivision that I have built in on golf courses we have bought part of the golf course in the price that we paid for the lot. It is by their desire here that it not be incorporated in the pricing of the lot. So in no way shape or form is this an impact fee or any fee that the City is proposing for this. This is by them determining that they don't want this within their lot fee. All they are doing is contracting to collect, for us to collect it directly at point of building permit. So I don't want the terminology here to indicate in any way shape or form that it is an impact fee or anything of the sort. It is not. Kingsford: The issue is and has been there has to be a golf course there, the developer struck and agreement with myself and this Council and previous Council's, part of this Council and previous Council's to develop the golf course and then not have to front the money. This is the vehicle used, so I agree with you it is certainly not an impact fee in that sense. And also for the Council's information the additional lots in Cherry Lane Subdivision NO.3 $100 that Mr. White agreed to collect for golf course expansion will be on top of this. And likewise the monies that voluntarily were collected by Golfview Estates No. 1 would be on top of this. So we will be in excess and of course we will want to reflect that in the next fiscal years budget, additional monies there. Thank you Shari. Gary? Smith: Mr. Mayor I forgot one item that I would like to ask you to Kingsford: I'm sorry you had your chance. Smith: Oh, okay, on Bedford Place Subdivision I think I put a copy of a memo that I wrote in your box along with a copy of item #23 of the development agreement. I had visited with Mayor Kingsford on this issue when I wrote the memorandum or excuse me prior to that memorandum. The Mayor asked me to write this up and distribute it to you so you would have some background information on the subject. I think my memorandum spells out Meridian City Council July 5, 1995 Page 16 what I feel about the situation. I think Shari said I didn't use strong enough language, but anyway. I just wanted you to be aware of what the reasoning was behind what was happening out there on the tiling of that ditch. What I felt was an equitable situation for the developer to recover his cost. I guess I had a little bit of a problem with the and it is really not my job description but the density of the subdivision in the beginning and this I felt was something over and above that they may be wanting something more than what they need to recover the cost of piping that ditch. Kingsford: You have all read Mr. Smith's memo on that, any questions that you have for him. I think it was pretty precise as always Gary. Mr. Chairman? Johnson: Nothing your honor. Kingsford: Chief? Gordon: Nothing Kingsford: Mr. Crookston? Crookston: Just some comments on Gary's comments on the Bedford Place development agreement. I think where that arose, I was not involved in the initial meeting with the developer and the City people. So when I got involved in it I didn't really touch base with the idea of limiting the number of lots that were going to be added to the subdivision to only cover the developer's cost in doing the tiling. So I think that is a little bit, maybe it is a situation where I should have been involved in it but also maybe it is a situation where I should have gotten more facts from the people involved and found out what we needed to do. If it is the Council's decision I think it would be appropriate for me to send Brighton Corporation a letter to the effect that is what is going to be, excuse the additional lots would be only to cover their costs for the tiling of the ditch. When I discussed this with Gary I had told him that the reason that I had put in the agreement in this paragraph 23 that it would be up to the Planning Director to have the ultimate say over it. I specifically address it on the basis that this would cover the cost idea but I think this also falls within that line of thinking that Shari would have the ability to say yea or nea. I don't even know if Shari was involved in the meeting. Kingsford: I think what is going to be an issue is probably a good idea that those thoughts are forwarded to the Brighton Corporation because they will want to consider those as they look at replatting. Certainly the Council is going to have the final say on how many lots they mayor may not have. They are going to have to approve of that revised plat. (End of Tape) Meridian City Council July 5, 1995 Page 17 Crookston: (Inaudible) I would like to discuss with the Council and that is the CC&R's for Avest development. I have reviewed those, I have had the comments, got those back to Will. He sent them onto the developer, the developer has contacted both Wi II and myself. I had a discussion with Larry Durkin, he told me that all those things that my comments would be changed to meet my comments. I said, he said that he needed to have the plat finalized and signed so that they could get moving along. He said that he would do those things but he also said that it would take at least a month to get them done because apparently, I shouldn't say apparently. Those CC&R's are different from a residential subdivision's CC&R's. They are really an agreement between Avest and Fred Meyer. He said that those comments have to be approved and basically changed by Fred Meyer and it would take a month to get that done. I told him that if he would send me a letter stating that he would change those CC&R's to meet my comments and get it over to me I would recommend that the plat be signed. He did that, I submitted a copy of the letter to Will, that is where we are on those. It would be my recommendation but it is totally the Council's decision to approve those. He did not even call them CC&R's he called them some other name that escapes me right now. If the Council could approve those on that basis I think we still have a shot at finally approving them. I shouldn't say we have a shot at it we have a right to. Kingsford: Questions of the Council? Morrow: I guess the one obvious question is what if Fred Meyer in a month then it goes into negotiation? Crookston: It would Morrow: And that would involve us as well as Avest? Crookston: Yes, because it is basically an agreement between Avest and Fred Meyer. Like I said they are not what we usually receive as CC&R's. Morrow: If we approve the final plat subject to resolution of the CC&R's in no way are we contracting away our right to negotiating. Crookston: As long as the motion is worded in that fashion you do not give anything away. Kingsford: Any other questions of the Council? So you are suggesting Wayne that the Council approve the CC&R's or whatever they choose to call them subject to them revising them to your standards? Crookston: Yes Meridian City Council July 5, 1995 Page 18 Morrow: Approve the CC&R's or the final plat? Crookston: Right now you are just doing the CC&R's. Kingsford: If we do the CC&R's isn't the final plat done subject to that. I've got to have my memory jogged but I think the final plat is approved I think subject to CC&R's then they can sign the plat. Morrow: Mr. Mayor, I would move that we approve the CC&R's for Avest property subject to final negotiations between the City, Avest and Fred Meyer. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the CC&R's for Avest subject to them being negotiated and approved by Avest, Fred Meyer and the City, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: That will then authorize Gary and Will to sign the plat is that correct now? Anything else Counselor? You will be glad to know that I played golf with one of your old Idaho Vandals that used to raise funds for the Vandals and had the good sense to go to Marshall University so there is hope even for vandals. Crookston: What was the name? Kingsford: The guys name is Lance West and he is going east to Marshall University. Crookston: He is also a very strong vandal. Kingsford: He is not as strong as he used to be, he has given out (inaudible) he has made the conversion. Walter? Morrow: Two things, Gary, for ACHD a comment that Wayne raised that I think is appropriate. The question begs to be asked of ACHD with respect to those drainage retention deals, what if there is no homeowners association, who takes care of it. Maybe that will help you move along. Second thing is the with respect to the old school we did receive a not indicating a potential course of action. It seems to me that you didn't in terms of the note you didn't set a date that they would secure so I guess I am throwing for discussion here. My opinion is we need to tell the Alidjani's that we expected to be secured and done posthaste. In terms of their personal issues if that requires permission of them Meridian City Council July 5, 1995 Page 19 from the courts than so be it. But I don't see how that affects what our requirements are as a City. Kingsford: I agree. Morrow: I throw that on the table. Corrie: Mr. Mayor I talked to Helen Alidjani last week. Their attorney's go together and they agreed that Moe Alidjani will take over the school building and he has said he was going to put up boarding of all the windows and that is as far as I have heard from him. He has taken over the responsibility so I suggest that we go after Moe and get whatever needs to be done at this point. Helen is, her attorney has advised her to do it that way, she has agreed and it is all in Moe's hands. Morrow: Weill think from the City's standpoint we need to see that in writing from her attorney and from she. Corrie: That is fine. Morrow: (Inaudible) as co-owners of the property, all of our correspondence ought to be addressed to them as co-owners and let them resolve their own issues. Kingsford: Our interest is in securing the building. It is probably appropriate for a motion to have the Counselor address those issues to them. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City attorney advise the Alidjani's of the need to secure the building posthaste, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Anything else Walt? Max Yerrington: Nothing Kingsford: Bob Corrie: Yes, 2 things Mr. Mayor one is I would like to back up a little but on this golf Meridian City Council July 5, 1995 Page 20 course $650 per unit and see if I understand this correctly. The developer has requested that the City collect this at the time of the building permit. They have requested this, this is the request from those 2 developers. Is that on each lot that is out there? Kingsford: It would be on each unit, in some cases they would be condominiums. So that would be per unit. Corrie: This is over a period of time from wherever they start at that point. Kingsford: In the agreement that they have as I have indicated to you before they recognize that the price of that will go up each year subject to what interest we would be able to make on her money. So it is to recapture full payment of the money that we lend. Corrie: So this is strictly a developer's request that the City do this, this is not our request that they do that, but the developer has requested the City do this? What I am getting at is I want to make sure that the developer is the one that is requesting the $650 per unit to come back to the City from the money that we are fronting on this $350,000 and will be $650 they understand that as the time goes by. But it is not the City that is doing the $650 request. Kingsford: Both developers requested of the City that we do that in lieu of them having the develop the golf course and fronting that money. That is correct. Corrie: I just want to make sure of that. I have one other thing Mr. Mayor, the Council, I don't know if they have seen the state seal above the fire station. Kingsford: City seal Corrie: I'm sorry I am going from city to state, the City seal, it was not quite the same as they presented here you are aware of that. They did have some conflict with the Rural Commissioners about this and you may be aware of that. Also, we kind of had a problem with that up there doing this we have cracked the ceiling in the fire department. Just to be aware that has to be repaired. I guess they are trying to get it so to seal it so I don't think we can seal yet at this point. I really don't want anybody else up on that roof I think Walt and I discussed this earlier today and he think its (inaudible) somebody may fall through or whatever the case may be. Also, I don't know where we are on this yet Mr. Mayor but I know the rural commissioners are not too sure of that either. Kingsford: I would suggest that the Council take a look at it quickly in the event that you have rain and that is going to be damage to the ceiling will be out of the question. Meridian City Council July 5, 1995 Page 21 Corrie: The purpose of that was just to show us what it would look like? Kingsford: Part of the young man's requIrement was to organize a work force and do the project. That had to be done at least by this weekend because it will be his eighteenth birthday and he has to complete his Eagle project prior to that. So he had to do that for that requirement. And that is why, of course I came to you and asked that we put it up there and so forth. Corrie: In other words if he has done that now he has fulfilled his requirement. If it rains It doesn't make any difference as far as he is concerned. Kingsford: I guess the thing would be then our loss in not having it up there if we desire to have it up there. Corrie: The seal was not what we had said at the Council, he took some liberties and added some things to it so I would like the Counci I to look at it. Kingsford: He discussed that with me that he would like to have just the two things added with regard to the transition of the City and I said that I personally didn't have any problems with that. Corrie: I just don't anybody up on the roof again. Kingsford: Mr. Tolsma? Tolsma: No Kingsford: I have a couple of things, first off we need to have formal approval, I have talked to the Council about it the request for the Mayor to sign the emergency equipment rental agreement with the Idaho Department of Lands for fire equipment pursuant to last year. I thInk I discussed that with each of you, I had asked for a motion appropriate for the minutes. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the rental agreement for equipment to the Department of Lands for fire use, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council July 5, 1995 Page 22 Kingsford: The other issue is we have a letter from Westpark Company, Inc., Greg Johnson requesting the Council consider a 50% refund on the original submittal for Highland Ranch Subdivision. They pul1ed it midway through the process and came back in with a different one and has paid again the fees to have that considered, but are asking for a refund of 50% of the original submittal. That is something that is entirely up to the Council. Morrow: I have a question, why would we do that, that was at their option. Kingsford: As I said it is entirely up to you. Morrow: Do we have a precedent for doing that kind of thing? (Inaudible) Morrow: Just because I am going to get denied doesn't mean I am going to get my bucks back. (Inaudible) Kingsford: The reason being P & Z recommended denial, since they recommended denial the Council didn't hear it that is part of the thing so they are asking if we would consider giving half of that back because they only went through half of the process. In terms of your question of a precedent, my recollection is the only thing of a similar nature is we have given back funds for the well development thing with regard to subdivisions that have platted and then later gone back and did a pressurized system. I can't remember of the City ever giving back part of an application fee. Likewise I can't remember somebody withdrawing it halfway through and asking either. I guess I wouldn't be critical, you are certainly not going to get half of it back if you don't ask. It is something that the Council would have to approve. Morrow: As far as I am concerned you don't get it back even if you do ask. Yerrington: Is this the same Greg Johnson that was the head of the impact area over there in Boise? Kingsford: No, this is the young man that did Sportsman Point and Highlands Ranch and so forth. Morrow: Weill am not in favor of giving the money back, we have earned our money. Even with Jimmy J admitting to it that it was their fault that this request came because they Meridian City Council July 5, 1995 Page 23 denied the project. Kingsford: Well (inaudible) doing his job. I think what they are asking for Walt is not necessarily your ideology but a motion. Morrow: My motion would be that the request for reimbursement is denied. Yerrington: Second Kingsford: Moved by Walt, second by Max to deny the request, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: The last item is I had asked Will to distribute to the Council the lease agreement to the City from the Masonic Lodge. Any questions or comments about that issue? I think at a previous session we did discuss that and thought it would be a good idea to continue. I advised the Council that we had let it expire and we hadn't lived up to our end of some of those things, it is now covered in this lease agreement. Any discussion of the Council? Morrow: Mr. Mayor I would move that we authorize the Mayor to sign and the City Clerk to attest the contract between the City of Meridian and the Meridian Masonic Temple Association. Tolsma: Second Kingsford: Moved by Walt, second by Ron to authorize the Mayor to sign and the City Clerk to attest the lease agreement between the City of Meridian and the Masonic Temple Association, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor, I know the scouts want to get out of here in a hurry but I had one other question that came to mind. I apologize for not asking this before, this $650 unit fee just to clear my mind, the developer has put this on it and the City collects it what if the people buying the unit doesn't want to pay it? Kingsford: Then they probably can't get a building permit. Corrie: Well then we are enforcing it. Meridian City Council July 5, 1995 Page 24 Kingsford: I think clearly if we are going to lend money, we are a lending agency we have to clearly ensure that we get our money back. Does that not make sense? Corrie: It doesn't no, it doesn't make sense at all. We are the ones that are saying okay you can't build unless you give us the $650 but we are not demanding the $650 the developer is. The developer says we are not going to do it but the City is going to do it for us. This doesn't ring to me. Either the developer is doing it or the City is doing it. Which is doing it the developer or the City? Morrow: Bob I might say there is more than ample precedence for this because in several different deals when we buy lots in various subdivisions it is not uncommon to have different upcharges like this. Corrie: But is the City supposed to collect it? Morrow: In some cases it is part of the building permit, in some cases the title company collects, in some cases the homeowners association collects. Corrie: Okay so this is a fee put on by the City then? Morrow: No Corrie: It has to be if the City is collecting it and they can't get a building permit unless they pay it. Morrow: I suppose you are talking about technicalities there. It is not really a fee by the City it is a reimbursement, it is a payback for monies that the City advanced. It is like a latecomers agreement. Kingsford: It is exactly like a latecomers agreement for sewer and water line. We collect those all the time and give them back to the developer that put in the line. In this case we are going to develop a golf course because the developer didn't want to. It is a latecomers fee we are col1ecting it and paying it back to ourselves. Morrow: Because we developed it. Corrie: So there is City money going into this? It was said in that meeting that there is City money going into it. We have to do one or the other. Morrow: Wait a minute Bob. Meridian City Council July 5, 1995 Page 25 Kingsford: Bob you have a mental block there. Corrie: 1 don't have a mental block because it said in the minutes that the City was not Morrow: It is not tax payer money. Corrie: We are getting the money back from the developer from the people that are buying the lots, correct. The developer doesn't want anything to do with it. Am I correct? Kingsford: The developer chose to have the City develop the course instead of them. Corrie: Okay, so the City is developing the course not the developer, correct? Kingsford: That is correct. Corrie: So this $650 is a city fee? Morrow: No Corrie: It has to be, the developer is not paying it. Morrow: Yes the developer is, the developer is paying it but he is opting to have the builder pay it at point of building permit. We could just simply say to the developer okay each time a building permit is issued you bring down a check for $650 or whatever the amount might be. Corrie: The developer? Morrow: The developer, we could tell the developer to do that, we could tell the builder to do that at point of, the way it has been structured here is at the point of picking up the building permit for sake of ease and for sake of making sure nothing gets lost in future Councils or future City folk that money gets picked up. It is our way of guaranteeing reimbursement to us is what it amounts to. It is the same as any latecomers fee, all it really is is a latecomers fee in this case we are paying us because we fronted the development. Our other option would be to collect the $650 and not build anything at all until we had the total amount. Tolsma: (Inaudible) Morrow: Ron that is true with any kind of latecomers operation. Meridian City Council July 5, 1995 Page 26 Tolsma: I am saying that is why it worked. Morrow: Bob the exact parallel to this is what we did with the line, the sewer line to St. Luke's. Corrie: I understand that, we are talking about water and for development of the sewer line. This is the development of a golf course. Morrow: That is correct. Corrie: What I am hearing is the City is not doing, but the City is doing it, we are collecting the fee to do it. It may be a technicality but I don't think that is right. Morrow: We are collecting the reimbursement of our money. We all voted for that a year ago. Kingsford: Very clearly Bob, the City is developing the golf course, we are developing through those funds that we are going to be collecting in essence a latecomers fee. The statement was that the City will not be expending tax payers money there. That is very clear that we are not. Corrie: It is just a matter of opinion, I think we are because we are collecting the money back to the City. Who are we loaning this money to? Kingsford: The sewer and water accounts lending it to the golf course development account. Just like you all voted for last year about this time when we were doing the budget. Corrie: So in other words the $650 is going to be paid on a unit fee when they get their building permit to pay us back. So in other words the people that are on living on the golf course if they want to live there they have to pay the fee. Kingsford: Just exactly like when Bob Corrie bought his house in back of Number 9 he paid a higher price for that because the developer that put in the front nine paid for it and developed it instead of the City, exactly the same thing. Corrie: That is true the developer did it not the City. I guess I still don't understand this whole program of where the City is not getting involved in this thing. The City is involved in it $350,000. Kingsford: Well there is no question of that. Meridian City Council July 5, 1995 Page 27 Corrie: That $650 per unit is collected by the City so we can get our money back, correct? Kingsford: That is correct. Morrow: Quite candidly the reason we are doing that is our desire to see the project finished. If we want to go about it the other way, we can certainly do it the other way and 4 or 5 years from now we can do the final nine. But at least from my perspective my philosophy in voting in favor of that is let's get something done that has been started 17 years ago, get it completed and put to rest and then get on with other projects. We have got Ron's park that we have to get finished up, but we can't continue to divide ourselves, we have to get something done somewhere. Corrie: I hope that it is done within the first few years because if it drags out 10 or 15 years before that is developed out there that could go up to $1500 a unit. We don't know what it is going to cost. Morrow: But darn it Bob, that was a comment that I made that this could by virtue of when I built in Cherry Lane at the Geisler house that subdivision had been there 12 years. I made the comment to all of you guys that it may take us 10 years to get our money back but that was the price of (inaudible). If it is 10 years and if it ends up it won't be $1500 but if it ends up being $800 to $900 so be it. Kingsford: And that is true Bob of the latecomers fee. Let's look at the one that goes across that Western States Equipment and ourselves put in Nine Mile Drain. We are still collecting late comers agreement on that. Each year that has escalated based on the prime rate at First Security first of the year. So each person that builds, Meridian Greens of Sportsman Point and so forth pay a higher fee than was initially the case out there. Tolsma: (Inaudible) Kingsford: And that is true of any latecomers agreements that the City has been involved in, the same principle exactly. Morrow: The same thing will happen with the sewer line that we are just completing to St. Luke's. Corrie: I just want to make sure we got where we were going with thing. Kingsford: Mr. Berg? Berg: Nothing Meridian City Council July 5, 1995 Page 28 Kingsford: Is there a motion? Corrie: I so move that we adjourn. Yerrington: Second Kingsford: Moved by Bob, second by Max to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 8:42 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~c~~ t./ G ANT P. KINGSFO, R ATTEST: CIVI:K:: n\;u:;;; 1"\..1' I L..'-M'Ulr IWIa-..... I Iii-I. iIIr1.r- #"""1.'-"11.........""_.___ &0 -,. ORDERING OFFICE (name and address) IDAHO DEPARTMENT OF ,~ANDS SOUTHWEST IDAHO F. P . D .' 8355 WEST STATE STREET' BOISE'~ID 83703 ~-,~-~"('~ ;:,,; MERIDIAN FIRE DEPARTMENT 33 E IDAHO STREET MERIDIN~. ID 83642' .:: b. EIN/SSN: c. tel~phonenumber (day),: . ~...~ i .n (208) 888-7355 same, .... 8. TYPE 0': CONTRACTOR {"X. appropriateboxes)". 'v-'.' o " Sf>1ALl BUSINE~S 0 LARGE BUSINESS 0 SMALL DISADVANTAGED OWNED 9. ITEM DESCRIPTiol'J:":~;C'''":''c' ":. (indude make, model, year, serial, number and accessories)- a. b. ,"--~; ;-;. c. d. e. .. f. g. AGREEMENTNUM8~QMUSTAPPEARONALLPAPERS RELATJi '0 THIS AGREEMENT 2. AGREEMENT NUMBER 3. EFFECTIVE DATES a. begirlnIng" 6/01/95 b. ending 6/01/96 5. ~OINTOF_HIRE (I,?cation when hired) Location"at'time of hire. . 6. THE I/VORI5R.ATE IS BASi::qON AL~ OPERATING SUPPLIES BEING FURNISHED BYh :. o CgNTRACTOR 7. OPERATOR FURNISHED BY IXJ GOVERNMENT 0.' .',~ 0 WOMEN OWNED 0 LABOR SURPLUS AREA o GOVERNMENT EMPLOYEE 12. SPECIAL 13. GUARANTEE b. unit a. rate b. unit (8 or more hours) Ope rated,' " Unoperated NA, : ,~o $1900 day. $1200 day' $115.66 hr. $80 hr. ,.~ ".-;.'r.o. 141rPffg]~:'i-~l!SIk1~~ies o~_!Jr:st~lldlast day. llot..~o,exceed daily rate. 2) Number of personnel is theminlrnum required"per'operational period. For E2 through WE7 add $427.92 to . fu1ly operated, rate whengse'condoperatiomllperiod is required. 3) NRCG supplemental te_rrnsa.ndconditions-toethe.Gen~ral Clauses. are attached and incorp~rated herein. 4) Government will repl ace foam used on the incident. 5) When hiring fully operated., hourly work rate has been increased $17.62 for the first employee and $9.02 for each additionalemployee/; 6) If hired unoperated. personnel will be paid at AD rates. ,\. "._"~'.! -, . ''''''-;_:,.-,'. " -..-O;.'C~ ' " 15. CONTRACTOR'S OR AUTHORIZED AGENTS SIGNATURE 16. DATE 17. CONTRACTING OFFICER'S SIGNATURE .=+ . . . '. ..... .. '.. . . t ;;17/l 18. DATE NSN 754{}..{)1-121-B825 PREVIOUS EDlTlON NOT USABLE t;r RIGINAL ~ CONTRACTOR OPTIONAL FORM 294 (REV.8-00) USDNUSDI _104 GENERAL CLAUSES TO ....vlERGENCY EQUIPMENT RENTAL AGREEMENl Sine;, the equipment n~ af tM GOIIernmen! and availability of Contractor's equipment during an emergency cannot be determined in advance. It is mutually agreed that, upon leques! of the Government, the Conllactar shall lurnlGh the equipment listed hereon to the extent the Canllactor is willing and abkl althe Ume 01 order. At time 01 dispatch a resaUr<:e a,der number will be aGslgned. Contractol must lurnish this number upon arrival and ChC1;k In at the incident When such equipment Is fumlGhed to the Government the lollowing clauses shall apply: . CLAUSE 1. Cond~lon of Equipment. All equipment furnished under this agreement must be In acceptable condition. The Government reserves the light to ,eJect equipment which is not In safe and operaUve condition. . ctAUSE 2. Time under Hire - The time unde, hire shall stan 'at the time agreed upon when. equipment is ordered by the GovcmmMt and end by notification. to the ConltaCtOl by the Government that equipment Is releaned except as provided In Clause B. CLAUSE 3. Tlansportation of Equipment. Equipment will be transported at Government expenne Irom point 01 hire to the Gite of work IInd return, whether under Its own pawer or by transport, exceplllS plovided in Clause B. CLAUSE 4. OperaUng Supplies, As identified in Block 6, operating supplies Include fuel, oil, filters, tube/oil chang.... Even though Block 6 may specify that all operating supplies are to be furnished by the Contractor (weQ, the Govemment may, at Its option, elect to fumlsh soeh supplies when ne<:essary to keep the equipment operating. The cosl of such supplies will be deducted Irom payment to the Contractor, CLAUSE 5. Repalrs . Repelm to equipment shall be made and paid lor by the Contractor. The Government may. at Its option, elect to make such repaim when necessary to keep the equipment operallng. The cost of such repaim will be deducted from payment to the contractor. CLAUSE 6. Timekeeping - Time will be recorded by the GO\lernment Agent responsible lor ordeling andlor directing une of each piece of equipment. Time will be rC1;orded as lollows: a. Hourly Rate - nearesl quarter hour, b. Dally Rala . by calendar day except for first and last day. this wlll be recorded to neate$t hour. c. Mileage Rate. nearest mile. CLAUSE 7. Payments a. Ra!es of Payments - Rates fOI equipment hired with operator(s) Include all operator(s) expenses. Paymenf for equipment and operalor(sJ furnished will be at IIltes specified IInd. except as provided in Clause B, shall be in accordance with the following: (1) Work Rates (column 11) shall apply when equipment Is under hlle as o,dered by the Government and an shift, including relocation of equipment under its own power. j2) Special Rates (column 121 shall apply when specified. (3) G'Jarant"". For each calendal day that equipment Is under hire for at least B haurs, the Govemment will pay not less Ihan the amount shown in column 13. H equipment is under hire lor less than 8 houm dUling a calendar day, the amount earned 10/ that day will be oot less than one-half the amount specified In column 13. The guarantee is not applicable to equipment hired under the Daily 'ale. Equipment undel llansport is time under hile and compensated through the Guarantee. II equipment is transported under Its oWn power, It is compensated under the Work rate. (4J Daily Rate (column 1 I) . Payment will be made on basis of calendar days, For fractional days at Ihe beginning and ending of time under hire, peyment will be based on 50 percent of the Dally Rate for periods less than B hours. b. Melhod 01 Payment. Lump.sum payment will normally be processed at the end of the emergency. Payment for each calendar day will be made lor (1J actual units oldered and performed under Work or Dally andlor Special rates or (2) the guarantee earned, whichever is the greatest amount. CLAUSE 8. Exceptions a. No further payment under Clause 7 will aCcrue during any period thet equipment under hire is not in a safe at operable condition or when Contlllctor lurnlshed operator(s) is not available. b. If the Contractor withdraws equipment andlor opelator(s) prior 10 being released by the Government, no lurther payment under Clause 7 shall aCcrue and the Contractor shall bear all costs of returning equipment andlor operotor(s) to the point of hi'e. c. Aller inspection and acceptance for use, equipment andlor furnished operator(s) that CIInnot be replaced or equipment that cannot be repaired at the site of work by the Conllactor or by the Governmenl In accordance with Clause 5. within 24 hours, may be considered as being withdrawn by the Contractor In accordance with Paragraph 6 aboVe, except that the Government will bear all casts 01 returning equipment andlar aperator(s) to ll1e point of hire as promptly as emergency conditions wlll allow. CLAUSE g. Meals and Bedding . When Government subsistence Incldent camps are available. meals and bedding for (hntractor's operato,(s) will be fUrnlshe~ without charge. CLAUSE 10. Loss, Damage, or Destrucllon - The Government will IISsume risk for lass. damage, or destruction of equipment rented under this contract, provided that no Ictmbursemenl will be made for ~oss, damage, or destrucUon when (a) due to ordinary wesr and teal, or (b) negligence of Contraclor or Contractor's agents cllused or contributed to lass, damage, or deslluction, or (c) damages caused by equipment detects unless such defects are caused by negligence of the Government or its employeesc CLAUSE 11. Contrador's Responsibility fa, Property and Personal Damages - Except as provld;,d in Clause 10, the Contractor wifl be responsible lor all damages to property and 10 persons, including Il1ltd parties. that OCcur !lS a result of Contractor Or (hntractor's agents or employee lault or negligence, The term "third parties' Is construed to Include employees at ~ the Govemment. . .. CLAUSE 12. Deductions - Unless specifically stated elsewhere in this agreement the cos! 01 any supplies, mate,lals. or services, including commissary. provided for the Contractor by the Government will be deducted Irom the payment to the Contrllctor. ilM OF.294 CLAUSE 13. Personal Protective Equipmen! - The Government consldem opemtors as fiteline personnel who will lI".08 and wear specified articles 01 personal Plotec"ve equipment. The fallowing mandatory ~ems wlll be issued by the Goyernment, when r.ot furnished by ll1e Contractor, to operators performing within the scope of this agreement: a. Clothing: (1) Flame lesistant pants and shirts; (2) Gloves (Elth'" Namex or chrome tanned lealher. when not furnished by conllactor); (3) Hard hat; (4) Goggles Or safety glasses. b. Equipment: (1) Fire shelter; (21 Headlamp; (3) Individual Flrst.Aid Kit; (4) O1her items. In addillon to these th,ee, may be Issued by ltle Government. Operators shall weal ll1e lIems of clothing Issued and maintain the Issued equipment in a useable and readily available condition. Upon completion of th" cor-tract assignment, all Issued items of clothing or equipment shall be returned to Ihe Government. Deductions will be made fa, all Government furnished protective equipment not returned by the Contractor. CLAUSE 14. Service Contract Act - The lollowing clause applies only when equipment Is rented with operator. Except to the extent that an exemption or variation or tolerance would apply pursuant to 29 CFR 4-l'llf this contrllc! Is in excess of $2.500. the Contractor and any subcontractol hereunder shall pay all of his employees engaged in performing work On the contract nalless than ll1e minimum wage specined under Section 8(a)11) 01 ll1e Fair Laba, Standards Act of 1938 expressed in 29 CFR Part 4. FAR 52.222,41 Service Contract Act of 1005, as amended (Mey 1989) Is hereby incorporated by reference in this contract. SEE APPLICABLE WAGE DETERMINATION ATTACHED. CLAUSE t 5. Definitions - The following definitions for Block B olll1e OF.294 are added: Il. SMAll BUSINESS is one that is Independently owned and operated and is not dominant in the field lor which It is being signed up, subject to the lollowing size standards: (1) Mo!olcar and Truck Rental Without Opelator . a\lerage annual receipts for its preceding 3 fiscal years do not exceed 12.5 million, (2) Equipmenl Rental With Operator. ave'age annual receipts for Its preceding 3 fiscal years do nol e.ceed 3.5 million. b. SMAl.L DISADVANTAGED OWNED BUSINESS is a small business concern that is et leasl 51 percent unconditionally owned by one or mar" individuals who are both socially and economically disadvantaged, or e publlcally owned business that has al least 51 porcent of Its stock unconditionally owned by ana or more socially and economically disadvantaged Individuals and that has Its management and dally business conl<olled by one or more such Individuals. c. WOMEN.OWNED SMAl.L BUSINESS is one that Is at least 51 percent owned, controlled, and operated by e woman or women. CLAUSES INCORPORATED BY REFERENCE (FAR 52.252.2) (JUN 198a) This conllact Incorporates one or mo,e clauses by reference, with the same force and effect lIS If they wele given In full tex!. Upon request, the Contracting Officer wlil make their lull texl available. Federal Acquisition Regutatlon (48 CFR Chapter 1) Clauses DEFINITIONS (APR 1984) OFFICIALS NOT TO BENEFIT (APR t9841 GRATUmES (APR 1984) COVENANT AGAINST CONTINGENT FEES (APR 1994) CONVICT LABOR (APR 1984) EQUAL OPPORTUNITY (APR 19B4J CEflTlFICATION REGARDING A DRUG.FREE WORKPLACE (MAR aSJ PAYMENTS (APR 1984) DISCOUNTS FOR PROMPT PAYMENT (APR 19B9) EXTRAS (APR t 984) INTEREST (APR 19841 AVAILABILITY OF FUNDS (APR 19B4) PROMPT PAYMENT (APR 19B9) DISPUTES, ALTERNATE I (APR 1984) PERMITS AND RESPONSIBILITIES (APR 1984) AUTHORIZED DEVIATION IN CLAUSES (APR 1984) THE FOl.LOWING CLAUSES APPLY WHEN ACQUISmON EXCEEDS $2,500 52.222'4 CONTRIICT WORK HOURS SAFETY STANDARDS ACT - OVEflTlME COMPENSATION (MAR 1986) 52.222,36 AFFIRMATiVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.202,1 52.20,3.1 52.20,3.3 52.20,3.5 52.222,3 52.222-29 52.223,5 52.232-f 52.232.(1 52,232-11 52.232-17 52.232-16 52.232-25 52.233.1 52.236,7 52.252-l'l THE FOl.LOWING CLAUSES APPLY WHEN ACQUISITION EXCEEDS $10,000 52.219.B UTILIZATION OF SMALL BUSINESS CONCERNS & 8MALL DISADVANTAGED BUSINESS CONCERNS (JUN 19B51 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984) AFFIRMATIVE ACTION FOR SPECIAL DISABLED & VIETNAM VETERANS (APR 1984) 52.222-21 52.222.35 THE FOl.LOWING CLAUSES APPLY WHEN ACOUISmON EXCEEDS $25,000 52.215-1 EXAMINATiON OF.RECORDS BY COMPTROLLER GENERAL (APR 1984) 52.219.13 UTILIZATION OF WOMAN-OWNED SMAll BUSINESS (AUG 1986) 52.220.-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS (APR 1(84) ADDITIONAL TERMS AND CONDITIONS APPLICABLE IF EQUIPMENT LINDER AGREEMENT CONFORMS WITH THE DEFINITIONS PROVIDED BELOW: 'Leasing,' as used In this subpart, means the acquisition of motol vehicles, other than hy purchase from private or commercial sources. a.nd inctudes the synonyms fhircl and 4reot.. 'MOtOl \lehicle' means an item of equipmen~ mounted on wheels and designed Jar highway lind/or land use, that (a) derives power from a salf-cantained power unit or (bJ is designed to be towed by and used in canJuncllon with self,plOpelled equipment. (FAR 8.1101) 52.208.4 52.208'5 52.208-6 VEHICLE LEASE PAYMENTS (APR 1984) CONDmON OF lEASE VEHICLES (APR 1984) MARKING OF lEASED VEHICLES jAPR 1(84) , ""6-.":-\' .".....\ '\... ;.:"='- ',::.: ~ ., :"t . . '\' ~-_.. .... ~ :..' I ' rOt'" W.. 9 In"v, S~fJI!!mher 199') Request for Taxpayer Identification Number and Certification GIve Ihls form to lhe requester. Do NOT send to IRS. (')f"r:\t~""'''''' "" "1ft h"'n~IJrv I".,.. "l'll n."'~I\!l"" S~t'VN:t1' fl~me (If j~llnl n,1n1~5. Ii!!lils! allli tIIelc lire n~me \lllhe 1Ir.ISO" 01 e~I't.( I'Ih"~e nmnller yotl enfCI iH "~rll DelolY Ste Insll\lctlons on paqc 2 II YOllr name hat chanqed.1 <U a. ;;- o ~ .5 C. ~ 11) !II 0) Ii: BUSIness 'Mill!! (Sol", P'ODrlIltorS ~l!C 1l't,lrucHOIIS on "olO'! 2) r""\'15:~\ D I A,J" Fl )Ze:: DEPT "'rltjl,!~S jnu,"be' ond sl,ee!l 3'3. g S7-~ fVll5R-1-D f A4 2D 8~b4-Z- Taxpayer IdcntHication Number fTlN) GIlI!)r VOtrr TlI-I in the arlJ'lronri>1l~ bo,:. For imJivkiuals. this is your !;oci"l secutily numb!'r (5514). For sole rroptietOt!;. sep. the instructions on D"'9t! 2. Fo. oth!'!. e>nlilies, it is your employer idel1fi1ir::ltion number tEIN). If you rlo not have a l1unlt<o:lr, seg How To Obtain 1) TIN, below. Note: II /lIp, nccorlnt ;s in more (fmn one flame. sea (lIe cll<lrt on page 2 for guidelines on w/lose Illlllltlflr 10 enter. - ..J.. Cil~'. sf:Jle. IlliG liP code enlOy!!r id(mUflcntlon numuer Lis' llccounl numberl51 h"e (oolional) For Payees Exempt From E3ncxup Withholding (See fnstructions on page 2) neQuester's flame and 3udle5s lopllonlllj Cetllflcll11on.-Under nenallie!; 01 peIIUI)'. I cerHry lh:lI: (1) rhe number shown on Ihls lorm Is my c:om~c' laXflllyer idenlllicaUon number for I orn wnillng lor 11 number 10 be Issued 10 mel. and (~) I am nol subj~cl 10 pnr.kun wi/hholdlng becnll!'lO::: (n)1 nm f'!xernnl horn backuli will1hofdinq. or (bll hllve not been /loll/led by Ihe Inlp.mAI n"n:>r1ue Swvir:e (IRSlllmt I rim sUbJecl 10 backup wilhhofc!ing as a result 01 a failure \0 rf1port alllnle.esl or dividends, or (cllhe lnS lias nalili~d nit' Ihm I am no longer sublect to b:Jckup withholding. CC!r1U1c<lllon Inslruc\lons.-Yo\l tnust crO!l<; out 1I1'!m (2ll'lllove if you hnv,," be.." notified hy Ihe ins II1:1t you nrp' cummlly suhjecllo hnckup wilhholding c'2cnusi> 01 IIndlmenorling inlerest or dividet~rjs on your Inx teturn, For reol eslate transactions, item (2) does not apply. F-'or '''ortoalJe i"ler!'~t paid. (he ncquisilinn or nlJ:mdonrnehl 01 SE'c:u.!!d nrnpeny. conlrlhuUons 10 an Individual rptlremenl arrang"1meJlII1RA). and g",nf!'ntlv plwm/1nls olher Hmn inleresl nnd dividends. you are not required to sign the Certillcnlion. bul you must provide your cot reel 11N. {Also S~~ SIgning Ihe Certfflcntlon on oage 2.} PIp.Rse ~ Sign Here (S"!,:r't;J/J re1ete",.;t;?s I1tr~ 10 Ille III/ermll n-:!verlue \'od!!1 r'urp"ge 01 Form.-I\ persQ<1 who j<; 'E'<1uitprj to t"" ~'1 fl11crrl1l1tion rp.t1lln wIlh (he Ins rnu~t t'bl:1in YOI!r r:r:"rrE'r:f TIN 10 report Income P'lirl1o y<:,u. '''I)I "'!llat!.' frnlll<ncllons. morlgage i"I~'(!SI yolt p:]'d. thE' IIcouj~Hlon 1;lf nbol1rJQl1m~nt of ~~ctJ'e1 prr,"l!'t~'. or conl,ihulions you ml1C:t~ to an Inl\. LJ~'l Form W-CJ. to furm!;!l vour correcl 111 J If.' nil. 'I;'''''t'!'ler Hlle p.erscm :<is:Lclng you to lurm!'" Y"Jur TlIII ilnd. whp.n lllmlicnble. III to c~'1if\, 1I1llt 1h!! TI1J vou (lIe rurnio;hino is correcl Jo' lh:jl VOU Rre waitltlCl for a numb'!; to b~ i~~"..'it. (2) to r"'llIy U;al you are nol sUbjp.ct 10 t-ar::~',t' wi/hila/dirt{!. 9Ild PI to cll'llm exemption ['om hllc":uo withholding il you are an ~xempl r'ilV'l!" r-u,"i~hin9 your correcl Tn" ami lTInkin!'l Ill", 1I0p'onr;:lI", c'!,llIications will NeVE'nt certnln I'IlV"","ts Irom being subjecl 10 backup withho'ding. tlote: /I R reQUesler qil't!s rou II form Ct/II!!f (Ilan a W.~ to roqUE'S( .l'our nN. }'Ou must use Ille /'Poues/'lr S form. !low To Obtain n T1N.-l1 you do not h:'lve 1'I T''''. ilon/y lor onp. Immediately. T'3 apply. Clel rorm 5$-5. Applicntion lor Il Social Securily I~umber Card (10' indlvldualsl. Irom your local ollir:e ollh'l Social Securily Administration. or Form SS-4, J\t'P/icalion for Employer Id'?ntlllr:alion Uumb~ I/or businesses and all J'lhl?r enlili",~I. !'corn your locollRS office. ..' TI) cou,p/PI" F'lrtll w.q " you do no. h:Jvp. ~ 1111. wOIp, "^oplipo 'or" in Ih'! SPilee lor th~ TIN in Pmt I. s'on :111'1 <lnle thl! form. om! 01'1" it 10 tit" f'n,"Hn~t-.::', c (1t1-H"'~;1l1v. "..,."U ~N!U Ih,," h:toJ'" tin dllV~ 10 IP"Il,,~I(!I. It tt! , lIr!sler dO(:!I nol 'l!ct:!lvo your llN wllhin fiO d:lYs. bn~k\lO wilhhOlcJin~. if 1l00fir:ilh''', WIll b!'gin Rnd r:onthlUp. tlnlil you Il1llli!;h Y"l1' mllo Ill,!! rp.qum;ler. For reoo'ln!>le Interest or divirh:mrl payments. Ih", pnycr must e>:erCl!le au'? o' Ihe following onlion'l Concp.'l1ing bncl<uo withholding during Ihls 60-dny period. Und<:lr ootlon (I}. n pay!!r must backup wilhhold on any wilhdrawals yotl mnke from your account alter 7 btlsincs!: days aller lhe reou~ster rt:!ceivp.!l lhis lorm hnck from vcu. Under opllon (:II. lhl! paver must backup wilhhold on any remllnble ''''e,p.sl or dividend p:'lymenls madp. 10 you' account. r~ard!ess 01 w/'elh!!r you mll~e rlny wilhd';lwa.ls. The backup wllhholding under ootion j2) mllst bee;" no 11'IIer Ihan 7 business days allr:!r lhe requester 'ec('lves this torm bReI(. Und!!r opHon 12). Ihe p:1yer Is r('Qul'ed 10 r~fund Ihe amount!; wilhheld " your cll/1lfil1d TIN Is received WIthin Ihe GO.day pellad and you were "ot sUbjecl 10 backup wUhholding during thnt pe,iod. Uote: Wrili"g -/lpnIiPd fOf' on fhe lorm meanS IIIal roo ltave f1/road}' applied fOf If nN OR (/181 you ifflend to lJpply for one In tile near fu/ull!. AS soon liS you receive your TW. compje'e another rarm W.~. Include your TIt". !'ign and dal~ the rorm. and give II 10 the requester. Wlmt Is Bnckup Wllhholdfngl-P"'sons rn;lklnq Can!!i" pllymenl!l 10 you (lIe re'1uired 10 wUhhold and pay to Ihe Ins ::0% 01 such /lAymenls undP.f !:'1rtnin condillons. Th/<: III called "'mckup wilhhnfding.' I'n'(fllent~ Ill'll couid be s'Jbiecl 10 tmc~t1Q wi.hholrlino Indude Interest. divirlpnds. Date ~ brOkl!r nnd b:l'(1?I t.lXChQllO!! l'llm;(lcllor's. rents. rOVl1llio!'. nonl'n'p1nype comoensRtlon. ;lnd c!!.Ini" r>'lVITT!'1l1~ 'rom lIshing boat op('rIlIOl$. bul do not Indud9 'eal eslate !ransacllons. II you Qi'Jp lh'? ,p'luester your COIT'!ct TIll. make I"~ !lomonrillle ccrtlllcallons. :lnd repo,t nfl your Immble fnllJf'!'$t llnd Ijlvidc/lds on your lax lelum, your payments will not IJl? subleet \0 Imcy.I/o wilhhoJdin9. I'IlVmen[S you receive will be subjecllo tmckuo IV/lhho/ding it: 1. You do not furnish your TIN 10 the reoues'er, or 2. Thp. inS nOli[j,,<; the 'eauester 'hot you rumished an Incorrecl 11N. or 3, You are notlli~d by '''e inS thlll you are !:lubiect 10 backuo withholding bec:Juse you lailE'd 10 r!'port nil your Intetesl and dlvldr:onds on your lax 'etum (for reoo/1oble Interest Bnd dIvidends only). or 4. You lall 10 certlly to the reQu!!ster th:'ll you Dre nol l<ul1!ecl 10 bnckup wlthhoJdlnq under P) ;lbove llor repoliabfe 'ntt:!resl and dividend accounts opened Dller 19BJ onlYI. or 5. You foil to r::erllly your T!N. I1I;s RDplies only 10 "mortable Inte'est. dividend. !m.'l<pr. or onrler exchanoe lIccounts oeened aller 19B3. or broker accounts considered Inactive In 19B3. Except as explained fn (51 above. olher reflotl:lble paymenls are subl'!ct to bnckup w/thhotdlnq only IF (I) or (2) above at'plies. CertaIn oayp.~s and paym'!nt$ Rre ell:(lmpl lrom bnci':uo wllhholdino lII1d Inlormrlllon r"corling. See Pnyces nnd pnymonl9 E':l1mpt Ftom ..il n _..~ ORDINANCE NO. 706 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 2-1001 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE- ENACTING SAID SECTION PROVIDING FOR THE ADOPTION OF THE 1994 UNIFORM FIRE CODE, AS AMENDED, WITH CHANGES TO SECTIONS 2.303, 4.108, AND 10.S07.(H), ARTICLE 78, ARTICLE 79, AND THE ADOPTION OF THE FOLLOWING APPENDICES: II-A, II-F, III-A, III-B, III-C, V-A- STANDARDS, VI-A-HAZARDOUS MATERIALS CLASSIFICATION, AND VI-D, DBC REFERENCES TABLES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the Ci ty Council of the Ci ty of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to repeal Section 2-1001 of the Revised and Compiled Ordinances of the City of Meridian and to re-enact said section to adopt the 1994 Uniform Fire Code, as it may be amended, with certain changes, and to adopt the following appendices II-A, II-F, III-A, III-B, III-C, V-A, VI-A-HAZARDOUS MATERIALS CLASSIFICATION, AND VI-D, Reference Tables; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That section 2-1001 is hereby repealed. SECTION 2: That Section 2-1001 is hereby re-enacted and ORDINANCE - READOPTING 2-1001 Page - 1 shall read as follows: "2-1001: ADOPTION OF FIRE CODES: (A) Uniform Fire Code. The 1994 Uniform Fire Code is hereby adopted for the purpose of regulating and governing conditions hazardous to life and property form fire. The Uniform Fire Code, as it may be amended, including Appendices II-A, II-F, III-A, III- B, III-C, V-A-STANDARDS, VI-A-HAZARDOUS MATERIALS CLASSIFICATION, AND VI-D, UBC REFERENCES TABLES, is hereby adopted with the following exceptions to the Code: 1. section 2.303 shall read as follows: 2.303 BOARD OF APPEALS AND LIMITATIONS OF AUTHORITY To determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, there shall be and hereby is created a board of appeals consisting of five members who are qualified by experience and training to pass upon pertinent matters. The chief shall be an ex officio member and shall act as secretary of the board. The board of appeals shall be appointed by the executive body and shall hold office at their pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render decisions and findings in writing to the fire chief, with a duplicate copy to the appellant. The board of appeals shall have no authority relative to interpretation of the administrative provision of the code, nor shall the board be empowered to waive requirements of this code. 2.That the first paragraph of section 4.108 shall read as follows: "4.108 PERMIT REQUIRED A permit may be obtained from the bureau of fire prevention prior to engaging in the following activities, operations, practices or functions." 3. That Section 10.507.(h}, Required Installations of Automatic Fire-Extinguishing Systems: Group R, Division 1 Occupancies, shall read as follows: ORDINANCE - READOPTING 2-1001 Page - 2 "An automatic sprinkler system shall be installed throughout apartment houses three or more floors in height or containing 6 or more dwelling units, in congregate residences three or more floors in height and having an occupant load of 31 or more and in hotels three or more floors in height or containing 13 or more guest rooms 6 Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building6 For purposes of this requirement, in determining the number of floors, the word "floors" include those floors that are below surface grade, at surface grade, and those above surface grade 6 II 46 That in Article 78 only Section 786103 (b) and section 786203 through 786309 are adopted and the rest of the Article is not adopted. 5. That the first paragraph of Section 79.116 (e) shall read as follows: UUnderground Tanks Out of Service for One Year6 Underground tanks, except EPA approved tanks, which have been out of service for a period of one year shall be removed from the ground in a manner approved by the chief and the site shall be restored in an approved manner. When the chief determines that the removal of the tank is not necessary, abandonment in place is allowed611 66 That the third paragraph of Section 79.605 (c) shall read as follows: "Devices used for final testing of tanks shall be capable of detecting leaks as small as 0.10 gallons per hour. Leaking piping and equipment shall not be used until repaired or replaced6 For leaking tanks, see Section 796601 (d)6" SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law6 ORDINANCE - READOPTING 2-1001 Page - 3 PASSED AND APPROVED This 5th day of July, 1995. CITY OF MERIDIAN ~) I! GRANT P. KINGSFORD - f' ATTEST: \\\\111111111111/ ", c &a.... /11 ""bl 0, r;;u::.Flll). II/I ..." ::'\"'\ <'la /", ......;::;. r). POR '~z., ....~ ~ v r::P'?- ~ ~ ~ ! ~ () \ = SEAIJ - : 7. O': -;. ~ '$iO~ ~ '1'0 V,,;r 1Si ' ~ f' '/ At . <'>~" // -, C \v " 1;//1// OUi\rri, II"~"~ 111i1/1l1t1 nl\\\\\\ J4t-~M~iif!-,fb WILLIAM G. BERG, J . ~ CITY CLERK ORDINANCE - READOPTING 2-1001 Page - 4 DELINQUENCY LIST TURN OFF LIST SCHEDULED FOR 07/12/95 ACCOUNT # NA1\.1E & ADDRESS AMT. PAST DUE 1---220 MILDRED JOHNSON 44.00 330 W. BROADWAY AVE. 1---230 FAYE CHESTER 69.80 714 W. 4TH ST. 1---890 ST AN LANTZ 72.60 608 W. 3RD 1---920 JON C. HOFFMAN 71. 40 233 W. BROADWAY AVE 1--1160 DONALD 1. FLATEN 52.60 32 W. IDAHO AVE. 1--1330 KAY LOUISE ESTES 37.00 813 W. 3RD 1--1810 GLADYSCLYIvIENS 44.00 729 W. IDAHO AVE 1--3310 EMIL & E. BRINCKEN 114.80 711 W. PINE AVE 1--3520 KENT FUHRMAN 280.30 830 W. 2ND ST 2---434 MICHAEL DUNCAN 63.20 524 W. APPLEGATE ST 2---470 J & G CONSTRUCTION 50.60 643 W. APPLEGATE ST 2--1190 ATERRELL/L. JOY 68.70 1324 W. 1 ST ST 2--1420 RANDY AUXIER 82.60 1435 W. 1ST ST 2-- ] 690 E. RALPH NASH 62.20 1616 W. 2ND ST 2--1860 H. LARUE BEVINGTON 104.00 240 MAPLE A VB 2--1890 TERESA DEWITT 48.60 324 W. MAPLE A VB 2--1970 KERRY L. LARSON 75.60 225 W. MAPLE 2--2060 SCOTT FARMER 59.20 314 W. CM1ELLIA A VB 2--2150 LOUIE 1. NEAGLE 100.80 216 CHERRY AVE 2--2240 TAMERA PERKINS 49.70 233 CHERRY AVE 2--2280 RICHARD SCHERER 85.60 201 CHERRY AVE 2--2490 MANUAL BARROSO 64.80 330 CHERRY A VB 2--2550 PAUL PACK 71.00 1313 W. 4TH ST 2--3570 DJ. STANLEY 271.50 1122 W. 4TH ST 2--3702 E. E. BRINEGAR 46.60 1635 tvlERIDIAN ST 2--3712 CL YDE E. BRINEGAR 54.00 1625 MERIDIAN ST 2--4240 DAVID L. SHAFFER 93.20 1208 W. 12TH A VB 2--4750 COLLEEN FUNK 64.80 1414 W. 14TH ST 2--4890 STEVEN 1. BISHOP 49.00 1540 W. 15TH ST 2--5020 KENNETH WOOD 69.80 1538 N. LINDERRD 2--5130 RUSSELL SMITH 79.60 1433 W. 14TH ST 2--5] 70 JILL RODRIGUEZ 58.30 1401 W. 14TH ST 2--5350 SAMUEL C. MCEVOY 107 00 1439 ELM PLACE 2--5610 K.HOPKINS/G.ARCHULET A 84 AO 1504 W. WASHINGTON ST. 2--6030 TOM KRASOWSKI 68.20 1017 W. 12TH AVE. 3----54 RICK FISHER 91.10 705 N. ABERNATHY WY 4--] 732 CALIS CUSTOM CARPENTRY 44.00 2544 W. SHERYL ST. 4--1778 BRIAN THIBADEAU 73.20 1360 N. STUCKER AVE 19---46 ROBERT MOWREY 57.20 3727 HARBOR POINT DR 20-1698 MICHAEL L. MEACHAM 72.80 3720 WOODMONT DR. 20-1848 RONALD R. WILSON 70.80 2153 TURNBERRY CL. 20-2020 OP AL L BLUME 109.00 3815 SUGAR CREEK DR 20-2034 MICHAEL M. GROSSMAN 78.40 3606 QUAKER RIDGE DR 20-2054 FREDRICK C. RUTH ] 13.00 3419 SUGAR CREEK DR 21---42 TANYA RAMSEY 70.40 2006 KRISTEN WAY 21---56 DOUGLAS BARKER 44.00 2156 LEANN WAY 21--996 DAVID & K. GOURLEY 98.20 2723 W. PEBBLES TONE CT 21-10]8 KENT BARNEY 61.20 2782 N.FIELDSTONE WY 21-1052 KENT BARNEY 73.80 2989 N.FIELDSTONE WY 21-1086 DONALD FRIGAARD 58.20 2761 N.FIELDSTONE WY 21-1174 DAVID TWADDLE 70.40 2492 W. CHATEAU DR 21-1758 ROBERT B. KOCK 77.80 1840 TODD WAY 21-1770 YVONNE DESIND 95.80 1941 MARIANNAPL 2]-1772 JON D. MANIER 57.70 1911 MARIANNA PL 21-1870 DOUGLAS SCHOPPELREY 51.60 2644 REBECCA WAY 21-1928 BRUCE R. BAILEY 68.80 2590 REBECCA WAY 21-1942 JAMES H. POOL 69.80 2609 REBECCA WAY 21-2060 MICHAEL D. MACHOS 138.20 1679 N. VICTOR WAY 21-2068 JEFFR Y & P. PUGMIRE 64.80 3015 W. ANN 5T 21-2222 ROBERT MORRISON 48.60 2824 W. KANDICE CT. 21-2254 DAWN ANDERSON 55.30 1957 N.5WAINSON AVE 21-2758 l\1ICHAEL THOMPSON 51.30 2444 N. VICTOR WY 21-2920 KEVIN & B. CROFTS 259.00 2931 W. ELK STREAM ST 21-2984 TOM & DEME MOHR 58.60 3138 W. MIRAGE CT 21-3070 KIMBERLY DECK 51.30 2921 W. JOUST 5T 22-- 326 ROBERT W. GARRISON 51.60 1890W. CHATEAU DR 22--868 RONALD POLLARD 143.20 2307 N. KUBIK PL 22--914 JEAN RUCKER 89.70 2261 MONACO WAY 22-1032 REN THOMPSON 92.20 2039N. NYBORGWY 22-1066 PAUL LINEBERRY 71.40 2049N. SPARKLINGPL 22-1216 ROBERT WHElLER 63.20 2208 W. HENDRICKS ST 22-1350 GA YLEN COWGER 71.40 1956 W. MCGLINCHEY ST 22-13 54 RODNEY WILLIAMS 80.00 1908 MONACO WAY 22-13 56 MARVIN L. KERBS 107.90 1983 HENDRICKS CT 22-1386 MICHAEL SCHAEFFER 119.00 1933 W.SANDALWOOD DR 22-1574 ROBERT D, TALBURT 73.00 1895 W. CHATEAU DR 22-1602 ALLYN HILTON 93.60 1687 BEARDON CT 22-1614 DONALD H. FISHER 67.80 1750 BEARDON CT 31--142 MARY VANDEVENTER 63.90 1330 W. YOST CT. 31--248 RUSSELL S. HEUGHINS 63.80 1528 W. CHERRY LN. 3] --538 ROBERT L. MILLER 81. 40 1521 KINGSWOOD AVE 31-1008 CAL PERMAN 97.80 1481 DARRAH DR 31-1264 BRENT & J. MORGAN 71. 60 1232 DARRAH DR 31-1274 JAMES CALLISON 97.80 2662 W 12TH 8T 31-2236 LINDA PARSONS 69.32 2635 NW 13TH ST 31-2238 MARK TUBBS 70.40 1310 DARRAH DR 31-2260 CURTIS YANSKEY 79.00 1484 DARRAH DR 31-2262 ROBERT NOLAN 72.00 1494 DARRAH DR 31-2282 JACK FIE SELMAN 60,20 2802 NW 14TH ST 31-3018 FORREST F. SCHUSTER 116.20 2218 NW 14TH ST 31-3034 MARILYN EDWARDS 67.80 1311 W. CHATEAU AVE 31-3050 DEBRA FRENCH 44.00 1065 W. CHATEAU DR 31-3060 DAVID BASTIAN 82.90 960 W. CHATEAU DR 31-3230 STEPHEN M. WITT 76.00 2323 NW 11 TH AVE 31-3420 JULIA COUCH 55.40 1012 FAIRWOOD CT 31-3422 TIM ALLEN 68.40 1034 FAIRWOOD CT 31-3458 DARRYL HOPKINS 92.80 2048 NW 9TH PL. 31-3528 JACK TEATER 82.20 1938 NW lITH AVE 31-3594 JOHN WARDLE 87.00 925 YOST AVE 32--566 BARBARA 1. HICKS 98.60 1919 CRESTMONT DR 32--586 LINDAL. PADDOCK 132.00 1717 CRESTMONT DR 32--630 VINCENT GARDNER 79.10 2070 CRESTMONT DR 32--852 GREGORY BEEBE 66 AO 567 W.WILLOWBROOK DR 32--872 ROGER F. BECKER 105.00 671 TIFFANY DR 32--884 DEBORAH I CARLSON 51.60 566 TIFFANY DR. 32--936 MICHAEL JARDINE 74.60 2267 KENMERE DR 33---56 TEL-CAR., INe. 143.80 220 E. F AIRVIEW AVE 33--108 AlvfERICAN TEXTILES 64.20 200 E. F AIRVIEW A VB 33--348 KELLY BARTHOLOMEW 98.30 1990 N. MERIDIAN RD. 34--342 RONALD DARCO 113.80 1686 JERICHO 34--500 LAYNE MOURITSEN 63.20 2092 N. SAPPmRE PL. 34--592 TODD & DANA ELLIS 73.30 2328 N. AMETHYST A VB 34--812 KARL & L. KAUTZ 52.25 2298 NE 10TH AVE 34-1756 TONY SANDBURG 59.20 2283 N. LARK A VB. 34-1770 WADE&W. DAVIS 49.60 933 E. CHATEAU DR. 34-1844 STEPHEN BUFFATT 126.40 2092 NE 10TH ST 34-1854 WAYNE MCGURER 102.20 1011 CLA YBOURNE DR 34-1880 SHANNON JOHNSTON 66.40 2062 N. LARK PL. 34-1902 KEITH D. HUNSAKER 66.80 2061 N. LARK PL 34-1948 FORREST MOORE 85.60 821 E.WILLOWBROOKDR 34-2042 JOHN WENNSTROM 122.60 1883 TEARE AVE 34-2044 WILLIAM G. MILLER 102.20 1855 TEARE AVE 34-2122 GLEN SCHMIDT 97.00 1920 TEARE A VB 34-2760 GLENN JOHNSON HOMES 44.00 1197 E. COUGAR CREEK DR 34-2766 GLENN JOHNSON HOMES 45.00 ] 265 E. COUGAR CREEK DR 40-- 236 DAVIS CONST.CO.& ASSOC. 49.00 3327 N.SUMMERFIELD WY 42--376 ROBERT & T. WELCH 66.80 2449 E. APRICOT DR. 42-1146 WADE MILLER 75.40 2005 E. OAKCREST DR. 42-1978 DAVID MORSE 48.60 1810 E. MEADOW WOOD ST 42-2740 KEVIN BLAIR 44.00 1843 E. MEADOWGRAS&CT 49--902 FREDRICK BAGLEY 524.80 1901 E. LANARK ST 50----2 TOM ELLIOTT 106.00 16 E. PINE AVE 50---12 PAUL H. SMITH 39.90 29 E. STATE AVE 50---54 ROBERT BURKETT 57.80 221 E. STATE AVE 50--226 JAMES HOWELL 120.80 234 & 236 E. STATE AVE 50--354 DENNIS CARSTENSEN 48.85 416 E. CARLTON AVE 50-- 726 C.F.L INVESTMENTS 44.00 364 E. WASHINGTON AVE 50--728 C.F.I. INVESTMENTS 70.40 372 E. WASHINGTON AVE 50-1020 TECO INVEST~NTS 71.40 301 E. GRUBER 50-2416 KORY HANSEN 51. 60 1361 N. PENRITH AVE 50-3724 STEVE MEISTRELL 65.80 995 N. RALSTIN PL. 50-3732 MICHAEL PURDY 57.00 931 N. RALSTINPL. 50-3734 CHERYL CZARNECKI 62.20 907 N. RALSTIN PL. 50-4482 JOHNNY & HELEN MEYER 98.00 526 E. PINE AVE 50-4506 BETTY B. JACOBSON 71. 00 436 E. PINE AVE 50-4598 RAY ATKINSON 267.40 124 E. PINE AVE 51---50 AMYX FAMILY LMTD. 77.20 37E. BROADWAY AVE 51--302 SHAGAY GREGORY 51.60 420 E. BROADWAY AVE 51--378 RENDEZVOUS LOUNGE 281.80 704 E 1ST ST 51--506 LOUISE BROOKSHIRE 53.20 731 E. 5TH 51--518 KENT FUHRMAN 46.00 509 E. IDAHO AVE 51--738 KELL Y GWILLIAM 71.50 302 E. IDAHO 51--866 CHERYL ROHRBACH 78.40 319 E. PINE AVE. 51--958 DAVID MASHBURN 24.00 745 E. PINE AVE 51-3280 VIRGINIA STENSON 103.60 121 E. KING ST 51-3430 ROBERT D. STRASSER 45.00 218 E. KING ST 51-3680 DALE BLAKE 126.00 331 E. 1ST. ST 51-3820 JEFFREY L. CHANCE 48.60 342 E. 3RD ST 51-3930 STEUNENBERG SHELTER 102.70 402 E. 2ND ST 51-4200 PHILIP G. LORCHER 82.00 432 E. 2ND 8T 74---80 RICK R. BURWELL 85.00 513 KEARNEY PL. 74---94 RANDY WINWOOD 98.20 671 PENNWOOD ST 74--350 GARY E. FRANK 93.20 638 HANOVER CT 74--354 MICHAEL SAUNDERS 67.60 678 HANOVER CT 74--382 R&M HOMES 58.00 636 FULMER CT 74--406 CASEY L. FISHER 44.00 703 BARRETT ST 74--670 LESLIE MA Y 43.90 654 BARRETT ST 74-1014 JERALD HOLLOWAY 77.80 64 ROSE CIRCLE 74-1078 JERALD & C. HOLLOW A Y 66.80 69 ROSE CIRCLE 74-1084 EDWARD NEALE 93.60 102 W 1ST. ST 74-1312 ALAN LEE CENTERS 86.60 325 S. MERIDIAN ST 74-2350 THOMAS HAZZARD 91.80 1031 CRESTWOOD DR 74-2368 FLOYD ELDRED 80.50 1014 CRESTWOOD CL. 74-2822 KENNETH BARR 111.20 1421 W. CRESTWOOD DR 74-2840 CRAIG MACHO 78.00 441 S. SPOONBILL AVE 51-4280 AJJ. ENTERPRISES 293.20 521 E. 3RD ST 51-4330 JOHN NESMITH 166.00 505 E. 1ST ST 69---46 DAVID WILLIAMS 72.20 1877 S. GOLDSMITH AVE 69--476 JOE PALMER 64.50 1620 S. SPORTSMAN WY 69--522 DOUGLAS PORTER 57.20 1118 E. PEACOCK ST 69--524 PAT ELORDI 91.20 1082 E. PEACOCK ST 69--566 LAWRENCE CHURCH 60.20 1035 E. SHEPHERD ST 69--590 MONTGOMERY BAPTISTE 130.60 1384 E. BORZOI ST 69-1076 DAVID RUPERT 86.00 923 E. STE.MARTIN DR 69-1620 MICHAELL.BAC~ 77.40 1836 SE 5TH WAY 72--156 DAVID WEIL 89.00 2017 S. COVEYPL 72--186 RANDALL HOPKINS 61.60 1921 S. RIPTIDE A VB 74---18 ALFRED HOCKLEY 48.90 43 SW 7TH AVE 74---60 VALERIE J. ALVES 97.80 343 SW 7TH AVE 74---68 GRAIG J. COLLINS 56.50 439 SW 7TH AVE 74-2846 ROD :MEDLEY 80.60 479 S. SPOONBILL AVE 74-2850 JAMES G. CHEESBROUGH 55.20 519 S. SPOONBILL AVE 74-2896 CHARLES PERKINS 68.00 1520 W.tvffiRGANSERDR 74-3216 STEVEN WILLACY 57.60 926 W. GREENHEAD ST 74-3238 DEBRA RULE 61.20 1134 W. GREENHEAD DR 74-3250 ROBERT PENNER 73.40 519 S. PELICAN WAY 74-3252 COREY KOEPPLIN 60.90 547 S. PELICAN WAY 74-3296 ROB BIENAPFL 45.00 404 S. CANVASBACK WY 74-3324 DAVID THOMPSON 55.20 1494 W. GREENHEADDR 74-3326 ROBIN J. YOUNG 80.80 1516 W. GREENHEAD DR TOTAL TURN-OFFS: 200 TOTAL DUE: $16,559.62