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HomeMy WebLinkAbout2002 05-07 Meridian City Council ReQular MeetinQ May 7.2002 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M., Tuesday, May 7, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Mike Worley, Gary Smith, Brad Watson, Will Berg, Shari Stiles, Ken Bowers, Bill Musser, Tom Kuntz, and Dean Willis. Roll Call: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Item 1: Roll-call Attendance: Corrie: Okay. I will open the Meridian City Council regular meeting on Tuesday, May 7th, 2002, at 6:30 p.m. and at this time I'd like to ask the Clerk for roll-call attendance, please. Item 2: Adoption of the Agenda: Corrie: Thank you. Welcome everybody here this evening. Kind of a sparse crowd, but maybe we can get through a little early before 10:00 o'clock tonight. We will see what happens. Council, we have the -- Item No.2 is the option of the Agenda. Any additions or corrections to the printed Agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the Agenda as noted. Corrie: Okay. Is there a second? De Weerd: Second. Corrie: Okay. I think that I forgot to mention that, Tom, you wanted do a number two on your department report? Kuntz: Thank you, Mayor. I would just like to add the construction agreement for the skate park under Item No.2. Corrie: Okay. Mr. Bird. Meridian City Council Meeting May 7, 2002 Page 2 of 67 Bird: And a motion to accept that. De Weerd: Second. Corrie: Okay. Motion has been made and seconded and been approved. Any other discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just wanted to make note for the record I had asked Mrs. Stiles prior to the meeting tonight on Item 3-D if she was going to follow up to be sure that Ms. Floyd -- part of the finding was that she had her fees reimbursed to her for that Conditional Use Permit and Mrs. Stiles was going to follow up with that and make sure that that got taken care of. Corrie: Very good. Thank you. Any further discussion? Okay. All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes of April 9, 2002 City Council Regular Workshop: B. Approve minutes of April 16, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Denial: VAR 02-002 Request for variance to allow existing "Bucket Sign" at the Kentucky Fried Chicken restaurant by King Electric Signs - 677 S. E. 1 st Street: D. Findings of Fact and Conclusions of Law for Denial: CUP 02-003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: E. Findings of Fact and Conclusions of Law for Approval: CUP 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1 st Street: F. Findings of Fact and Conclusions of Law for Approval: PP 02-003 Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-O zone for Touchmark Living Center by Meridian City Council Meeting May 7, 2002 Page 3 of 67 Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: G. Findings of Facts and Conclusions of Law for Approval: White Sewer Trunk Project Bid Award: H. Development Agreement: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G. L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: I. Development Agreement: AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini StoraQe by Ron Osborne - 1975 East Franklin Road: J. Development Agreement: Partial Amended Development Agreement between the City of Meridian and Contractors Equipment Supply Company, Inc. (CESCO): K. South SlouQh Sewer Project, Engineering Agreement Addendum, J- U-B EnQineers: L. South SlouQh Sewer Easement - Jim Kissler: M. Boise River Outfall Engineering Agreement, Keller Associates: N. Approve Bills: Corrie: Item No. 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Item H, the development agreement with Sundance Subdivision, I would like to move to 5-H, so we can have a discussion -- a little of discussion on it. I don't believe three is anything else that we need to -- other than the fact that Mr. Nary already has noted, Item 3-D that Mrs. Stiles will see that Mrs. Floyd is given back her money. Corrie: Okay. Bird: With that I would make a motion we approve the Consent Agenda with the change. McCandless: Second. Meridian City Council Meeting May 7, 2002 Page 4 of 67 Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda with the change. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 4: Department Reports: A. Planning and Zoning Department: 1. Ada County Development Services file 02-12-CU / 02-09-MSP - Christian Family Matters: Corrie: Item No. 4 is the Department Reports. Planning & Zoning Department, Mrs. Stiles. Stiles: Mr. Mayor and Council, we have received an application from Ada County Development Services for some property within our area of impact. The property is located approximately one quarter mile east of Ten Mile -- Ten Mile Road and south on Overland Road. Right here. The property is adjacent to existing city limits. However, there is no sewer or water available at this time. The applicant proposes an outdoor church facility with potential for a full-time church facility in the existing barn, should they be able to bring that up to meet uniform fire and building codes. They are proposing outdoor portable sanitation facilities at this time. They are also proposing that the entrance to the facility be a gravel road and that this would be the area of asphalt. They would have the driveway and the actual parking for the cars would be in gravel on this site. The meeting area for the facility would be here. They would -- they are proposing, at least in my discussions with Mr. Don Weber, who is here tonight, that they may have some type of community farm out here. There are existing animals on the property. If you have questions Mr. Don Weber is here, he could answer anything you might have to ask him. I just wanted to kind of get your guidance on how to prepare the letter to Ada county and just what our ordinance requires -- and I realize that our ordinance does not apply within the area of impact, but we can make our comments based on our existing ordinances. That would involve the requirement for a 20 foot wide paved access. Also the requirement for the paved parking stalls and associated landscaping that is required per ordinance. Overland Road is currently designated as an entryway corridor as well, which would require the 35 foot landscape setback beyond right of way. I didn't know quite which direction to go, whether the city would be willing to recommend this on a temporary basis with the request that it come back annually or some kind of twilight condition that when the remaining improvements should be made, I just -- because of the type of development it is and my needing some direction from Council, that that's the reason I put it on the Agenda for you to make any comments and give me some direction on how to prepare the letter. Meridian City Council Meeting May 7, 2002 Page 5 of 67 Corrie: Okay. Questions that Council might have? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Shari, is this in the area of the Black Cat Trunk Line? Is that the sewer trunk that it would eventually hook up to? Stiles: Yes, it is. De Weerd: Okay. And if we could give like a real shot in the dark on a projected date that we would have for Black Cat Trunk, what would that be? Stiles: I don't think there is a time we can tell you. It's all conditioned on development out there. I mean that's -- developers are going to drive that. The city has budgeted no money toward that. I don't know if it's going to be Council's decision to earmark any money toward that line at this time. De Weerd: We do have a master -- a sewer master plan. Is there any time frame associated with that, Brad or Gary? Stiles: The master plan really just deals with the service areas and the actual design of the trunk sewer. I'm not sure that any time lines are associated with it at this time. There are no time lines associated with that. Smith: Council Member de Weerd, Mayor and Council, I think up to the Interstate on the north side of the Interstate we are budgeting some design money for next year, next budget year. That would get us designed to the north side of the Interstate. Beyond that we don't have any plans to go farther south and east. That construction of that line would be predicated on the development of the interchange and there is some other folks that are involved there with property on the north side of the Interstate, but going south from Interstate we just don't have any. There hasn't been any inquiries or there haven't been any plans, other than our master plan. De Weerd: So at this point it's pretty much development driven, like Shari said? Smith: Yes, ma'am. De Weerd: Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Stiles, this is simply a comment of the county in regards to this application. Meridian City Council Meeting May 7, 2002 Page 6 of 67 Stiles: Yes. Nary: So I guess my thought is what's the past practice of the city been with developments in the area of impact in this particular scenario? Has it predominately been to -- that the comment was we would look it to be compliant with our current ordinances if they were, so that when we have the ability to annex them it would be compliant? Stiles: Yes. Nary: Has that been the standard response? Stiles: Yes. Nary: So it's not really an opposition to the development, it's simply a request for the county to comment that it be compliant with our code, so that it would be a seamless sort of annexation if that was the point. Stiles: Yes. Nary: I guess. I'm not sure that needs to be anything different, unless you have got something. That's make the most sense to me. Bird: I would concur with that, Mr. Mayor. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess it would be difficult to be compliant to our code when sewer is not available out there and they would not be able to hook up in that sense. With the lower impact usage I just -- I do think we have to mitigate the gravel road to a certain extent or provide comment on that, in light of the air quality issues that are associated with that, but pavement seems a little bit extreme. So I guess I don't know what the balance is on that and I -- the only other item I guess I would bring up is more the portables and where they would be located and how they will be shielded from, you know, view. Port- a-potties are a necessity, but they are not all that attractive. So I guess it would be appropriate to have maybe the applicant come up and talk about their vision and give us a little bit more detail, if Council would agree to that. Mr. Mayor? Corrie: Okay. Fine. Weber: Thank you. My name is Donald Weber. Maybe a little background of what we are trying to accomplish here. Currently in the warm months we are meeting at the Lonesome Dove Ranch for an open air Bible fellowship, made up primarily of families from the Treasure Valley, and in the colder will months we have been meeting in the Boise Senior Center in the last few winters. We have a real desire to have a property to Meridian City Council Meeting May 7, 2002 Page 7 of 67 call our own and what we are looking at is really multi-function property, where we can have an outdoor Bible fellowship like we have done at the other facility, work to get this steel barn up to code and get that property to be able to meet in that in the cold months and that would be a project in itself to be able to do that and also have a residence there where a family can live at the facility and then as Shari mentioned, the front part, approximately two acres, we want to do some family cooperative farming projects, family gardens, so to speak. So this property really fit the bill for what we were looking for. What we are not looking to do is to greatly change the esthetics of the property, we really want to keep that within what's around there. As you probably well know, a little correction on where it's actually located. It's not east of Ten Mile, it's just east of Linder, in between Linder and Meridian, about a quarter mile down to the east of the Western Electronics facility. So you do have -- you do have quite a bit of variety over there at this time. There is light industrial across the street, down the street, commercial down the street on Meridian and Overland and then there is a number of properties still, like this property, approximately five acre older homes, 25 year old homes. So we, in this whole process of application we have taken some time to try to meet with some different agencies and I just met with Shari last week to talk about some of these items. I have met twice with Joe Silva, the assistant fire chief of Meridian, because we wanted to make sure that we satisfy concerns of fire protection and we met with ACHD, I've had a couple meetings with them talking about apron and access into the property and so on. The discussions I've had with Joe Silva -- and, actually, he wrote a letter in regards to the things that he would probably -- the things that he would require as far as getting a fire truck on the property should we need to deal with a fire issue and one -- could we go back to that original master site plan? That might help a little bit. Maybe the one concern he said was the width of the road, which along the edge of the road to the fence post is 16 feet wide and he asked us if we would move the fence post over to make it 20 feet wide, which is certainly doable. The other issue he talked about was a turnaround and he gave us different descriptions of the types of turnarounds you could have for fire trucks and what we did is we proposed a turnaround and I went over that with him as far as -- I don't have the actual measurements -- okay. Here we go. Sixty feet by -- we have 83 going in. He approved that as far as the proposed -- what he called a fire -- hammerhead fire truck turnaround and after the first meeting they did bring a fire truck up the road and tested the turnaround and we are currently in escrow on the property, so that fellow told us they got a visit from a fire truck. I do have a letter from Joe Silva -- De Weerd: I guess those kinds of visits are hard to hide. Weber: Yeah. And we talked about actually the pavement versus the surface that's there now, which is very hard packed gravel and what he proposed was is putting two inches of three quarter inch crushed rock going all the way back, as far as the truck going back. That would be one of my requests to you, if that is your comment, is once, again, we want to try to stay what's esthetically pleasing in the area and keep within that. We are not planning on putting up billboards and huge signs or nothing -- nothing of that nature. We are -- it's really going to be kept in the same way it's kept now, except for the alterations that we will need to make to be in compliance with the different agencies. ACHD did propose that we put the apron -- a 30 foot -- 30 foot deep apron, Meridian City Council Meeting May 7, 2002 Page 8 of 67 which we are going to put with a shared driveway to the neighbor to the east there and then we also will have to designate a slice of the property in front, 48 feet from center line, to the property and then provide a five foot sidewalk for what they plan to do in the future. They tell me that 2007 is the possible date that they are talking about expansion on Overland, the widening of Overland. What I also brought is just some pictures of the property, because I know that doesn't do it as much justice as what really the property is. This is the north face -- the north end of the property, so if you were standing on the light industry looking back, that's really the view -- that would be a panoramic view looking at the property looking south. Here is if you're standing here looking to the north is the light industrial. I believe Gary Bodily owns this property right across the street here and has something proposed in the future on that. The driveway heading up, as you can see right here where the white car is, it's just a long driveway heading all the way up to the structure. The structure is -- the home is set back quite a bit on the property and then the steel barn is sort of behind that and you can see the property there, the actual home, and then here is the interior of the property where we would actually be having our fellowship. It's got a very large lawn area in the back of the property and adjacent to that is the steel barn that we are proposing to improve and bring up to code. Your question was on the port-a-johns. The port-a-johns -- Armstrong: I'm Dan Armstrong with Christian Family Matters and this illustration is the barn and those would be put behind the barn, which would be south. So they wouldn't be visible at all from Overland or anywhere near that. Weber: I have a letter also from Mike Reno at the Central District Health, the senior environmental health specialist. We met with him also about this port-a-john issue and what he wrote was a letter -- and I did not make copies of that. I could pass that around if you like in regards to -- Nary: Just read it. Weber: Okay. In response to inquiries about the property located at 1345 West Overland Road, Central District Health would not require a septic system to serve the barn if it did not have any plumbing fixtures inside the structure or the structure was not served by water under pressure. As you plan to have events where portable sanitation units will be provided, please see attached pages for the State of Idaho technical guidance manual for individual and sub surface sewer facilities. They are providing that the numbers of portable sanitation units recommended based on the size and duration of the events. Our only other recommendation would be that you allow people to park -- or not, rather, allow people to park or drive over the septic drain field. The septic drain field, of course, is where the lawn area is, so there will be nothing parked over there, it would just be where people meet and kids play. He gave us a ratio as far as for port-a- johns and for the amount of people we would be serving that required four port-a-johns. We are proposing to put those on the back of the barn, which is facing south and I believe 80 acres of open property, so we want to keep that really kind of out of sight where the neighbors aren't going to be staring at port-a-johns. There is also quite a hedge row along the property, which when we took these pictures they weren't in bloom. The whole length of the driveway pretty much is a very private hedge row and then on Meridian City Council Meeting May 7, 2002 Page 9 of 67 the other side of the property, the far end, there is some very large mature trees along there. We are also proposing to plant some more trees along the border, just to make it more esthetically pleasing and a little more private. So we have met with all the neighbors on the property, we had our neighborhood meeting, and that was actually very favorable, people had some very good, honest questions on what we proposed to do. I can honestly say we really didn't get any opposition and I did a follow up on that and talked to a few more recently, the immediate neighbors bordering the property, just to see if they had any further questions and they were very supportive of what we are planning to do there and I believe they understand what we are proposing to do as well. Corrie: Okay. Any other questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I do just have -- you are planning to asphalt the parking area? Is that what I understand? Weber: We are certainly willing to listen on that, what you propose. I mean we are -- part of it is already asphalted, the turnaround is currently asphalted. We are certainly not opposed to that. If you think it would look better with a crushed rock surface esthetically, we will follow your guide on that. So we are not -- we are certainly not opposed to that. De Weerd: Okay. I -- you know, it's kind of one of those things that the city and county - - regionally we have made a commitment to really lessen the amount of dust particles and air quality type of issues, so that is something that we need to remain sensitive to and to make sure that a lot of those issues are mitigated in a certain way. So that would definitely be part of our recommendation. I don't know necessarily if I think it's reasonable to asphalt that whole road, but certainly it would need some kind of treatment, so -- what kind of treatment? Oil or -- I don't know what -- Weber: Joe Silva was proposing to do the two inch -- three quarter inch crushed rock down that -- widen the road from 16 to 20 feet and put crushed rock down, which -- Corrie: You might have to check with ACHD on what they can put on that. I don't know. Stiles: Do they care? Corrie: Do they? Well, yeah, they do care. They do care now, because we have got an air shed problem up to -- dust abatement that we have the air enforcement lawsuit, we have to cut down so much and then they have got something that they would have on that. Shari. Stiles: Mr. Mayor and Council, their comment has typically been on a private roadway that it's not within their jurisdiction. All they ask for is that 30 feet from the existing right Meridian City Council Meeting May 7, 2002 Page 10 of 67 of way be paved and that's kind of where their issues have stopped, unless they changed it just in the very recent past that's what their comments are. De Weerd: Is that ACHD or the county? Stiles: That's ACHD. De Weerd: Okay. But the county and the -- or the municipalities, they are the ones that can put those kinds of conditions on it. Stiles: Okay. De Weerd: So, you know, it would be something that perhaps we can ask staff to look into on different types of treatments where there is pavement or asphalt and the crushed rock, that's more of an issue of -- that trucks won't sink into the type of road that you're putting in there. Doesn't have anything to do with dust mitigation type of issues, so -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I also believe that once they are set up you go from a private lane to a public lane; am I not right, Shari? Stiles: I'm sorry. Bird: Once they set up their services up there that goes -- that would be a public lane, not a private lane. Stiles: No. It could -- it apparently is going to be considered a driveway, really. If they have a private lane they would have to go through the process with the county, whatever that is. They have a whole application process to go through a private road designation and then they would have their blue sign out on Overland Road and -- I believe they are just calling it a driveway at this point. Bird: Driveway. Okay. Corrie: Any other questions or comments, Council? Bird: I have none. Corrie: Okay. Thank you. Weber: Thank you. De Weerd: Mr. Mayor? Meridian City Council Meeting May 7, 2002 Page 11 of 67 Corrie: Mrs. de Weerd. De Weerd: Mr. Weber, I guess I do have one more question. I don't know the longevity of the plans that you have, but once we do have sewer or we are contiguous -- your piece of property would be contiguous to the city, would you be agreeable to annexing in and hooking up to these services? Weber: Sure. De Weerd: I think I do remember seeing that addressed in Susan Wildwood's letter, but I did want verbal confirmation of that. Weber: Sure. We would be happy to do that. Actually, look forward to that service coming down when it does. De Weerd: Okay. Weber: Sure. De Weerd: And then at that time we could ask that you bring things up to our city code and you would be agreeable to that as well? Weber: Certainly. De Weerd: Okay. Thank you very much. Weber: Thank you. Corrie: Shari, are you -- Stiles: I'd just like to point out that the property is contiguous to the city limits at this point. De Weerd: Oh, it is? Corrie: The sewer is the problem. De Weerd: But we don't have services available. Stiles: But our ordinance would not require them to hook up to sewer and water, I believe, until they are within 300 feet. Isn't that what it is, Gary? They don't have to hook up to services until it's within 300 feet of a line. De Weerd: Okay. Corrie: Okay. Meridian City Council Meeting May 7, 2002 Page 12 of 67 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess if staff is looking for instructions, I will attempt a motion to recommend approval -- that the city would recommend approval of this application with -- with the fire department's comments on the road width being improved to the 20 foot. The hammerhead turnaround. That the applicant would proceed with an application to annex into the city once we have city services available within 300 feet of the property and at that time bring the property up to city code and to address the gravel road issues with the appropriate dust mitigation and that any signs would go through a certain permitting process that staff could designate -- make up. Bird: I will second that. Stiles: I don't think the county would go for that. De Weerd: You don't think the county would go for that? Well, the city would have the opportunity to comment on any sign application. Stiles: We would request that. Corrie: Okay. There was a second on that. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And maybe this is more of a process question, but I did see in the letter from Mrs. Wildwood that they had actually requested initially to be annexed into the city and were told at that point that it wasn't probably necessary, because we didn't have sewer and water available. Yet the city is right across the street and they wouldn't have to hook up. We have certainly annexed other properties that weren't hooked up to sewer and water. So from a process question why did we do that? Why didn't we just let them annex into the city now, because that's what they asked for, with the understanding that they couldn't hook up to sewer and water until it was available. Why did we do that? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess we get into the problem of we do have a policy as we annex property in that we do need to be able to service them and that would put I think a legal burden on the city to provide those services where we have no plan at this point or financial commitment to bring in services to that area at this point. I guess that would be my concern. Meridian City Council Meeting May 7, 2002 Page 13 of 67 Corrie: Couldn't you develop it over that way? Nary: I mean we did with other developments with the understanding that when they would be able to hook up to service they would take that as it comes. So I don't know why this is different. I don't understand, from a policy standpoint, why not, since what we are asking for it seems like it would be probably an issue in the future that may just crop up when we can't provide services and they don't want service and the city doesn't want that in an involuntary type of annexation. It is in our area of impact and we realistically are supposed to be able to provide services in the time period anyway. So I guess I'm just curious from a process standpoint why did we do that? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Nary brings up a good point. Shari, can you enlighten us on why they were told that we would not annex it? Stiles: Part of the reasoning was that they don't require a rezone. They are not requesting a rezone, they can do this with a Conditional Use Permit in the county. They are not proposing to comply with our ordinances. In fact, we are not financially capable at this time of being able to comply with our ordinances. Another issue is the property they are adjacent to was annexed many years ago and we are running into the same problems with it, we have annexed property and have committed ourselves to allow building permits out there when they have no sewer or water available to them. So I guess you're presupposing they will be able to come in for a building permit -- to annex somebody in and then say, well, you can't build anything, because you have no sewer or water is kind of at cross-purposes, I think. So we don't see any reason annex it into the city. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would agree with that and, you know, we have done a number of things in the past that I would hope we don't continue to do. So, you know, that's never been a good argument for me. But, too, you know, if we would begin to annex, the next person over might have expectations and not the willingness to wait that we do provide services to them and, you know, it would just get into a sticky situation. So that's one I would like to avoid. I do see that there would be certain requirements upon annexation that the applicants would have to do that I don't think at this point that they are able or wanting to do. So I kind of like their proposal to keep it rural in flavor anyway and that is very compatible in the county. So not that I wouldn't want your organization as part of our city, but as you're proposing it, it sounds like it's going to be a real win situation for everyone out there at this point, so I have a call for the motion. Meridian City Council Meeting May 7, 2002 Page 14 of 67 Corrie: Okay. Motion has been called for. All those in favor of the motion made say aye. Opposed no? Motion is carried. MOTION CARRIED: ALL AYES. 2. Award of Contract to Develop Design Standards for Urban Renewal Area, McKibben & Cooper Architects: Corrie: Okay. Thank you. The second part, Shari. Stiles: The next item I have is for a contract to develop design standards for the Urban Renewal Area. We did go through and request for statements of qualification or proposals on preparing these design standards. It's somewhat kind of interchangeable between Planning and Zoning Department and the Meridian Development Corporation. As part of the overall plan -- Tammy or Keith may be able to explain this better, but as part of the overall plan it is desirable to have some types of standards within the Urban Renewal Area and also in our strategic plan that has been prepared for our department, one of our action items is to develop these downtown development standards, so they are not required to go through Conditional Use Permits on everything. Currently downtown in Old Town just about everything requires a Conditional Use Permit. That may have been useful in the past and has been still useful due to the fact that many of the residences downtown are turning into commercial property, sometimes with approval, sometimes without approval. But we felt that once we get these design standards in place everybody knows up front what the conditions are, they are not having to run through a Conditional Use Permit. We are encouraging the downtown to develop and not putting such road blocks in the way for filling up the downtown and making it a more viable place. The contract is up for a maximum 13,000 dollars. McKibben & Cooper Architects were the ones that prepared all of the information for the Treasure Valley Futures project. They do have quite a bit information already that they can use in developing these standards. Sub districts have already been worked out regarding a core area, because what we were discussing with them is you come up with different parking standards for different parts of the Urban Renewal Area, even to have that maximum parking allowed for certain sections within the city to encourage more of a walking atmosphere. But all of this would have to come back before the City Council as Public Hearings once we came up with the proposal to change the ordinance. What we see as the product for this would be a separate design manual kind of along the same lines of what Boise city has done. Boise city is probably not quite up to actually developing standards, but is more an overall guide with no set -- real set standards. It's almost a -- I don't know how you explain it. Almost kind of an explanation, really, of what their historic district is and Mr. Nary may be able to expound on that, but I'm talking too much, so if you have any questions about the contract we would ask that the contract be awarded to McKibben & Cooper Architects in an amount not to exceed 13,000 dollars for the development of the design standards for downtown Meridian and the Urban Renewal Area. Corrie: Helps us understand a little better. Thank you, Shari. Comments, Council? Meridian City Council Meeting May 7, 2002 Page 15 of 67 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would just like to make a statement that this is something that we have to proceed with if we are to get a development deal down there. It's -- as you can see in McKibben & Cooper's outline, it's a pretty quick process that they are doing, so that we can have everything on board by December 1 st to make it go this year. So it's something that regardless of whether you have urban renewal or development downtown, it's something that you need to give guidelines, so like Shari says we are not having to do CUPs every time something comes downtown. It's something that's probably long overdue to do it, so -- Corrie: And I know you're a martyr for CUPs. Bird: Oh, I love CUPs. You guys know that. I think I got a partner down there in Mr. Nary. He likes them about as well as I do. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think it's -- I mean I think this is a good agreement. I think it's a good thing to have. I'm curious, though, since the begriming of services is supposed to be in April of this year, why is it coming to us on May 7th and not prior to April? Stiles: That agreement had been through the city attorney's office, it went back -- it was before the Meridian Development Corporation. We had hoped to have it to Council prior to this, but the consultant, luckily enough, was agreeing to proceed despite not having a contract in hand. The contract has just been made available as a final document. We did spend quite a long time working on the scope of work and refining that to make sure it was understood what we expected and that they understood what we wanted, so -- Nary: It looks like the Development Corporation didn't look at this and see that this was on the 2nd of April; is that right? Stiles: We had submitted it to members within the Development Corporation. They were also present at interviews to -- or actually reviewed the statements of qualification that came in and made their recommendation for that and so they are behind it and they had made -- I think you acted at your last meeting to recommend this be approved. Bird: Yes. Stiles: So that's kind where we are at. Nary: Okay. Thank you. Meridian City Council Meeting May 7, 2002 Page 16 of 67 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: If there are no more questions, I would move that we enter into the personal service contract agreement for Downtown Design Standards Project with McKibben & Cooper Architects at 515 West Hays Street, Boise, Idaho. 83702. And for the Mayor to sign and the Clerk to attest and not to exceed 13,000 dollars. Nary: Second. Mayor: Okay. Motion has been made and seconded. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Stiles: Thank you. B. Public Works Department: 1. Water Department Line Item Transfer of Funds - Water Tower Repaintinq Project: 2. Tabled from April 23, 2002: Award of Contract for Elevated (Water) Tank Repaintinq Project: Corrie: Public Works Department. Smith: Thank you, Mr. Mayor and Council Members. The first item I have is a request for a line item transfer of funds on our Water Tower Project. We received three bids for recoating the exterior of the water holding portion of the elevated tank and recoating the complete exterior of the tank from top to bottom. The low bid was S & S Coatings, $234,050. And Gateway Company, S & S -- they have local a representative. I think their main office is in -- is in Washington, I believe. Gateway Company out of Utah bid $249,425 and Robison-Prezioso from Los Angeles bid it at 375,400. The engineer's estimate was 209,799. Apparently the discrepancy between the engineer's estimate and the low bid was an expense of the scaffolding inside the water tower. It was much more expensive than what the engineer had estimated it was going to be. We presently have in the recoat -- tank recoating or water tower upgrade line item $131,801 and we are requesting this line item transfer of funds to come from our water line extensions project or account to the water tower upgrade in the amount of 170,000 dollars. This additional money would also include the remaining cost for engineering and our inspection services and we have retained a consultant to do the inspection on the paint and you have already approved that contract -- previously approved that contract. His name is Dave Jahn. J-a-h-n. But our request tonight is kind of two part. One is the line item transfer of funds and the second part would be our request to award the contract to Meridian City Council Meeting May 7, 2002 Page 17 of 67 S & S Coatings for repainting of the water tower. Do you have any questions that I could answer on this request? Corrie: I guess not, Gary. Thank you. Council, if there is no discussion, I'll entertain a motion on the water tower repainting project and transfer of funds. Bird: Yeah. Transfer of funds. Corrie: Correct. Mr. Bird. Mr. Nary. Nary: Mr. Mayor, I would move the approval of the line item transfer of funds to the water tower repainting project, to move the 170,000 dollars from one account to another to cover the cost of this upgrade of the water tower. Bird: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Okay. I'll entertain a motion, then, on the request for award of contract for the Elevated Water Tank Repainting Project to S & S Coatings. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of the Elevated Tank Recoating Project to be awarded to S & S Coatings, the low bidder, in an amount not exceed 234,050 dollars, for the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion has been made and seconded. Any further discussion? Bird: Yes, Mr. Mayor. Corrie: Mr. Bird. Bird: In your motion it's not to exceed. That is the actual contract amount. Right? Nary: Yes. Bird: Agree? Nary: Yes. Meridian City Council Meeting May 7, 2002 Page 18 of 67 Bird: Second agrees. Corrie: Okay. Gary? Smith: Mr. Mayor, Council Members, in the bid document there are some unit price items and we are not sure how it's going to evolve in terms of possible repair inside the tank, weld the repair, so that could go one way or the other. You know, we may -- you may see a different amount on this, depending on the actual quantities that are -- of the repair work that are done. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: That's why we don't want not to exceed there, because if we limit it to not to exceed, we can't have any change orders or anything, which we know you're going to have and this was a contract -- if you just put the amount of the contract, then you have your change orders, your adds or deletes or stuff, but if you put not to exceed, then you would have to come back in for everything. Nary: So, Mr. Bird, do I understand, we are awarding the contract -- Bird: We are awarding the contract for 134,050 dollars. Nary: Fifty dollars. Bird: Yeah. Nary: Okay. Bird: Yeah. And not any not to exceed at all on it. Smith: Right. Okay. Thank you very much. Nary: Thank you for clearing that up. Corrie: Any further discussion? Okay. All in favor of the motion say aye. Opposed no? All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Smith: Thank you, Mayor and Council. c. Parks Department: 1. Kiwanis Meridian Park Master Plan: Meridian City Council Meeting May 7, 2002 Page 19 of 67 Corrie: Thank you. Mr. Kuntz. Kuntz: Thank you, Mayor and Council. The parks staff has been working closely with the Meridian Daybreakers Kiwanis Club, who have spent numerous hours putting together and revising a master plan for the future Kiwanis Park, which is a nine acre site located contiguous to Los Alamitos and Thousand Springs Subdivision. The Parks Commission approved the master plan at their April meeting. The Kiwanis Club held an open house and barbecue last week. There was approximately 150 neighbors from Thousand Springs and Los Alamitos who showed up for the event. They had comment sheets available at the open house. There were 14 comments and that response was very very positive. And there is a representative from the Kiwanis Daybreakers here tonight, Michelle DeBaron, who would like to review the master plan with you real briefly and would ask for your approval on the master plan. We will move ahead with a formal agreement with the Kiwanis Club and then into some design construction phases and construction phasing. Again, all this will be done at the Kiwanis cost in either dollars or donated services. Corrie: Okay. Okay. Give your name and address for the record. DeBaron: Michelle DeBaron, 6141 Cadwell Lane, Boise, Idaho. I'm president of the Meridian Daybreaker Kiwanis, as Tom mentioned. Several nights ago we proposed to the presidents of the other Division Six Kiwanis Club, there is ten clubs in Division Six, to do a cooperative project through Boise valley and when we proposed a park with the City of Meridian it was overwhelmingly received by all clubs through Boise and Meridian. We have been working with Darren Gilbert from Pinnacle Engineering, who has been donating his time on this master plan. I believe everyone has a copy of the plan and I can kind of walk you through this. The park -- the main park entrance is going to be at the East Three Bars Road through the subdivision. We have immediately into the entrance a parking -- a lot with 24 spaces. We know -- we are proposing approximately two-thirds of an acre pond for irrigation and amenity purposes. We have a pedestrian pathway that follows the entire area of the pond and kind of comes down this odd shaped little section right through here. We have a public restroom facility proposed here. Sheltered areas. We are in the design process of putting together climbing boulders, which will have certain fall specs to them, as well as a ground fall area. They won't exceed, I believe, nine feet, but mostly just for kids to climb around on and adults to climb around on if they are so inclined to. Playground equipment through here and through this large area right here. We have a play field. We are going to put a backstop in this area, but no lines or anything, so it can be used for softball, soccer, anything right through that area. You can see picnic tables and grills at different areas throughout here. On this northeast corner we have two half basketball courts. Along this area through here we are proposing to do exercise stations, kind of develop a par course along the way. We have added walkway accesses on the west side, the north side, and, again, a pedestrian access from this far east side, I guess, for this development that's going to be put in through right here. Currently this -- the west side and the north side is adjacent to Mountain View High School being developed. There is currently a chain link fence in place. We have had one meeting with the Meridian School Meridian City Council Meeting May 7, 2002 Page 20 of 67 District. We hope to be able to follow through as we work in developing here. Their contention right now is to leave that fence entirely intact with no gateways. They stressed to us they have no use for this park. We hope that they will change their minds and would see some functional use for high school students within this area. I think that's kind of everything. If you have any questions at this time. Corrie: Any questions? Bird: I have none, Mayor. Corrie: I think it's a great project. I'm still trying to talk the school into using the fence a little different than they have. DeBaron: We appreciate that. If even we had -- if not, two small open accesses or we'd even put in a gateway to lock and maybe just have access. We thought by putting in these basketball courts up here in the spring you would see high school students in pick-up games and potentially there is the biological study of the pond. But we hope to keep working on that. As Mr. Kuntz mentioned, we had a public meeting last Thursday out on the park site. We had members from our clubs went out, graded it, picked up about three truckloads of trash that was out there and just then sat down and took out about a thigh's height worth of weeds that were existing out there and we hope with the approval from the City Council we will be able to move forward with some more intricate design aspects of it. At that occasion we did have, as Tom mentioned, about 14 comment cards. The majority of them were very very positive. We also had sign-up sheets for neighbors to participate, because we will be putting this together through volunteers hours, donations, and fundraising and we had over 70 individuals sign up to come out and move dirt, build playground equipment, or however they might contribute. So it tells me that the neighbors would like see something happen out there. Corrie: Good. Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just a comment. I know a lot of thought and work has been put into this and sure appreciate it and I tried get out there last week, but my daughter came down ill, so we weren't able to go. But it sounds like it was a huge success and I, as a Kiwanian, I know all these clubs are very excited about this project and being a part of the park project and look forward to seeing it develop. I appreciate your leadership, Michelle. DeBaron: Thank you. Corrie: And Gordon Harris. Make sure he knows that, too. Bird: Mr. Mayor? Meridian City Council Meeting May 7, 2002 Page 21 of 67 Corrie: Mr. Bird. Bird: I have got a comment on it. I want to -- I'm like Tammy, I want to thank the Kiwanis Club for taking the leadership and I think that this shows that we are still a very nice community, that we can have partnerships like this that work, you know, and that's how you build communities is through partnerships and a lot of people's blood, sweat and tears that they put in out there to do it. This is a real addition out there and I admire you guys, the Kiwanis, for doing this and as a taxpayer of Meridian I thank you. You're saving us tax dollars and we appreciate it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess a question for Mr. Kuntz, since we don't have a park naming policy, that we go ahead and get this item officially through the Commission that we can officially name this park and just to expound on what Mr. Bird has said, it's really admirable that Kiwanis has reached out into the neighborhoods as well and we have 70 people willing to help out. That's what community parks -- you know, and I know this isn't technically the definition of a community park, but it sure is taking on the definition with all the participation of the countywide Kiwanis Clubs and the neighbors, it's truly exciting. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I thought we had already named it. Kiwanis Meridian Park. I think that's -- I thought the Commission kind of went along with that, too. Kuntz: Councilman Bird, I would sure agree with that, but we can certainly -- we have a meeting tomorrow and we can run it back through. Bird: Okay. Corrie: This isn't a Public Hearing, so if you have got anything that you -- opposed to that we will have to do it later, but -- is he with you or -- no. Okay. Munk: Actually, I was at the meeting the other night and -- Corrie: Come up here, please. Name and address, please. Munk: Yeah. My name is Jim Munk at 2386 Three Bars. The park - me and the neighbors are all for it. The only concern we have is the location of the restrooms. Corrie: Okay. Meridian City Council Meeting May 7, 2002 Page 22 of 67 Munk: And that being -- I guess I was the spokesperson nominated, because it's right across my backyard fence. Corrie: Legitimate concern. Munk: So, you know, hopefully that's taken into consideration that they can possibly alter that. They said the other night that was a possibility, but I did want to express that concern. Corrie: Okay. Thank you. Kuntz: Mayor and Council, just -- yeah. We are looking at trying to slide that out into the park a little further. The other thing is if the neighbors would like to go by our new Chateau Park, located on West Chateau between Ten Mile and Linder Road, you can see the actual size of the facility. It really is very small and unobtrusive. It's two holes per side and a sink. There won't be any odor coming from it. It's, you know, all approved through the health department and so it is really a small building. It's not like our community park restrooms that are far more obtrusive, but you might want to go by and look at it. It might put some of your concerns to rest. But we are going to try and slide it out into the park just a little further to address that issue. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess that would be -- if I had that lot it would be a concern of mine. There is a shelter at the north end of the parking lot. I believe that's north. Can those kind of be flopped? I mean I'm not going to redesign your park, but- Kuntz: Mayor and Council, we will certainly look at that. De Weerd: Because if you're looking at this sliding thing, you could slide it more in that way, because, really, you don't see any neighbors that that would affect. Kuntz: We will certainly look into that. Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: If there is no more discussion, I think they want a motion to approve the -- well, for a better name right now I'm going to call it the Kiwanis Meridian Park Master Plan. I would move that we approve it as presented by Michelle De Baron on May 7th, 2002. Nary: Second. Meridian City Council Meeting May 7, 2002 Page 23 of 67 Corrie: Okay. Motion made and seconded. Is there any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Would that include the staff working on a -- Bird: Sure. Changing of the lavatories? De Weerd: Yes. Thank you. Corrie: Okay. All right with the second? Nary: Yes. Corrie: Okay. Any further discussion? Okay. All those in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. 2. Skate park. Corrie: Skate Park, Tom. Kuntz: Mayor and Council, I just threw in a memo tonight prior to the start of the meeting on item number two under Parks Department Report. We have an agreement in principle with Heartland Construction to build the Tulley Skate Park for 152,000. Discussing this with the attorney today -- and he might want to add some comments when I'm through here to clarify, if I muddy the waters. Suggest entering into a construction agreement with Heartland Construction contingent upon the following funding formula come to fruition. You can see the different donors, including what the city has budgeted, excluding design fees. The total funds through this firm would be 153,000. I have reconfirmed with Lowe's, David Turnbull, Kevin Howell, and Friends of Meridian Park, their obligated amounts. Three of those sources I talked to in the last two days. After this weekend's Crispy Cream sales we will be at 4,000 dollars with the kids -- the skateboarders fundraising. We had a meeting today with Hubble Homes and we will be putting in three sprinkling systems and sodding the front yards of three homes on June 8th that will net 1,400 dollars per yard. Excuse me. Gross 1,400 dollars per yard. Our net should be a little over 1,000 per yard. So we should be able to reach that 7,000 dollar mark fairly easily. And if we don't we can always sell Crispy Creams a second time. De Weerd: To the Mayor. Meridian City Council Meeting May 7, 2002 Page 24 of 67 Kuntz: As you recall, the lowest bid at the last two times we went out to bid was 188,000. And I guess with that I will ask maybe our city attorney to make some comments. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, what Tom was asking for was -- you know, is there a way to get the concrete skate park built using donations and some other things when our attempts at having the construction bid on -- basically this Council had to reject those bids, because they were so far over the architect's estimate. There is a provision in the state code which allows a city council to essentially go forward with a project after rejecting bids if the Council can find, as a matter of fact, that the contract can be -- or the thing to be accomplished can be accomplished for less money. And so my instruction to Tom was we need to do have a firm dollar amount from the contractor, so that that could, then, be incorporated into a contract with all the appropriate terms, but that in fairness to the contractor and also to give the city an out, because of some of these contingencies, that the contract have a provision in it that contract is not effective if any of these things don't come together. For example, if one of these contributors backs out and won't make the contribution, that the city's not on the hook for 152,000 dollars when one of those contributors backs out. Or if, for example, on the concrete contribution, if the concrete company says we can't do that now, the city is not obligated to do it and, by the same token, the contractor is not going to have to eat that part of it when the contractor was, you know, essentially planning that that was factored into the number. So Tom's purpose of bringing this forward to you essentially is to ask us whether to present to you a contract with all the required elements that Tom and I talked about, performance bonds and payment bonds, as being part -- have to be part of the agreement. So that's the reason we are here and that's -- it fits -- in my opinion, anyway, it fits within what's contemplated in the statute, which would allow the Council to go forward with a project when we haven't been able to get a low enough bid when go out to bid. And it also gives us the flexibility to take into account some donations and things that you didn't have before. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Nichols just covered something that I was going to bring up about the protection of the city we need performance. So that's going to take -- on 152,000, that's going to take that up about another 3,500 bucks or so for performance and bonds. Maybe he's got this in his overhead, direct supervision of profit, that he's got about 16, 17 percent there. And then I've got another question, Tom. The city's match for the Turnbull contribution, where are you taking that out of? Kuntz: Council Member Bird, I was planning to take it out of the capital Settler's Park, but we have another source we could take it out of if the Council opted to and that would be the refund that we will be getting from the Five Mile Creek pathway, I believe was in the 50 to 60 thousand dollar range. We do plan on coming back to Council Meridian City Council Meeting May 7, 2002 Page 25 of 67 asking for some of that money for a bridge to 8th Street and possibly a fence along the creek on Tulley Park, so -- Bird: Tom, do you know if he has his bonds figured in here? Kuntz: I don't. Bird: In his overhead and profit? Kuntz: Councilman Bird, I don't know that. I'm assuming he does, but I would need to clarify that. Bird: Okay. Because if he don't it's going to take it up I imagine about 3,500 bucks. And I -- and for the protection of the city and also the protection of him. As Mr. Nichols said, we don't want to hang him out to dry if somebody backs out of their donation and we don't want to be hung out to dry if he gets halfway through it and can't complete it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Tom, was there any supervision included in the Land Group -- a fee that we have already paid them for oversight? Kuntz: Council Member de Weerd, there is. There is a construction administration in the Land Group's agreement and they would still fulfill all that. De Weerd: So is there a duplication there on the supervision within what they are proposing, their 16 percent, and what the Land Group would be doing? Kuntz: Not in my opinion, Council Member de Weerd, there is not. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: What Land Group is, is the administration and overseeing to make sure that it's built to specifications. This is having a superintendent out there making sure the subcontractors do the job right. Kuntz: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Tom, was Heartland the low bidder of 188 previously or was it somebody else? Meridian City Council Meeting May 7, 2002 Page 26 of 67 Kuntz: Council Member Nary, it was another company. In fact, Heartland has never bid on the project. Nary: And are these an estimated -- or are they costs in their bid -- I mean in comparison to the other bids that were 30,000 dollars more, I mean are we going to end up, at least from your estimation -- and, obviously, I know it's not an exact science, but are we going to end up in a problem with what they have bid and what our specs are? I mean are we going to have a problem getting this built? Kuntz: Council Member Nary, if I understand your question, they are proposing to build the park as per specified in the original design documents, so there would be no varying from that. Nary: So then why is there a 35,000 dollar difference? Kuntz: I guess I can't answer that. Nary: Okay. And then the other question I have is if there are exclusions in this bid, landscaping, park scaping, sprinkler system, are those -- is that possibly where the 35,000 dollar difference is? Kuntz: Council Member Nary, I don't believe so, because those were items that we were taking care of in-house anyway. As far as drainage, the entire park -- skate park sheens into the grass area of the rest of Tulley Park and it was designed that way, so there is no real drainage issues. I guess all I can tell you is that the skate parks are a very special animal and we have a gentleman name Ryan Neptune who is consulting with us on this and doing it free of charge. He will be responsible for part of the metal edging that goes on all the stairs and the different concrete surfaces, so they don't wear down. He has an extensive background in skate parks. He is working with Boise city parks currently on their new park. He has worked with Heartland before to build these type of things. So the only answer I can give you is that I think because of their background and knowledge and that they are a smaller company who kind of picks and chooses some of the projects they take on, that's my only explanation for the cost savings. Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Councilman Nary, I think also something that Tom explained perhaps just for Council was that when these bids coming in so high and when he met with Mr. Neptune, the explanation was these are real specialized and it was -- there was some fear of the unknown of the specialized concrete work and some of the aspects associated with that that really caused those bids to inflate and so -- and go above and Meridian City Council Meeting May 7, 2002 Page 27 of 67 beyond the estimates that we were given from the Land Group. And that's what I recall as part of that explanation, which makes a lot of sense, and it sounds like Mr. Neptune has worked with Heartland Construction and they have a better understanding of what it will take and can give us a clearer number. Nary: Thank you. Corrie: Any further questions, discussions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just on the city's match of David Turnbull's contribution, it would be my recommendation that we would use savings from Meridian Settler's Park and not use funds that are going to be reimbursed to us that are not budgeted as revenue, so we would have a cleaner accounting of these funds. So that would just be my only comment on that. Bird: I would concur with that. Corrie: Anything further? De Weerd: No. Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As I understand what we need to do tonight is more or less agree upon this, so that a contract can be brought forward, and I would -- listening to the discussion and stuff, I think it's in agreement with the Mayor and Council that we would be willing to go forward with this, with the understanding that performance and payment bonds would be included in here. I hope it's included in the 23,000 for the overhead and direct supervision of the profit, but we will just bring it back up and our fundraisers are matched and that our city matches to Turnbull will come out of the Settler's Park savings. So with that I would make a motion and instruct the -- Mr. Kuntz and the attorney to draw up something with Heartland Construction and bring it back for our approval for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Thank you. Motion made and seconded. Any further discussion? De Weerd: Mr. Mayor? Meridian City Council Meeting May 7, 2002 Page 28 of 67 Corrie: Mrs. de Weerd. De Weerd: Just that we emphasize what our attorney Mr. Nichols talked about on the flexibility element to withdraw from this contract if one of these contributions fails to come through, that we do have that as an element in the agreement. Bird: That's to the benefit of the contractor. De Weerd: Okay. Bird: Our benefit's the bond. Corrie: Any other comments, questions, discussion? Bird: Mr. Mayor, I do have -- I have got a question to ask Mr. Nichols. In this performance and payment bond if something should happen -- and I don't think it will, I'm not worried about it, but should the bond -- I realize if we are to cover it, like the concrete and stuff like that, that would be -- if something happened that -- some of that stuff could be out of our pocket. I wonder -- no. I answered my question. Excuse me. Okay. I got thinking and it wasn't right. Corrie: Asking what you think. Bird: Yeah. I don't know where I was going. Corrie: Okay. Any other comments? Okay. All those in favor of the motion say aye. Opposed no. Motion carried. Tom, if you will carry out that and work with the city attorney on the contract. MOTION CARRIED: ALL AYES. Kuntz: Mayor, just one last comment on this issue. The Hubble Homes is drawing up a memorandum of agreement on the three sprinkling systems and I guess I'd like to follow suit and do the same with the other large contributors, just put together a real brief memorandum of understanding, so that we have something in hand and that type of thing, so -- Corrie: Good point. Kuntz: Mayor, on Item No. 5 - Item 5: (Items Moved from Consent Agenda) H. Development Agreement: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Meridian City Council Meeting May 7, 2002 Page 29 of 67 Sundance Subdivision by G. L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Corrie: We are not -- we are going to go to that now. Okay. Item No. 5-H has been moved from the Consent Agenda, which we will take care of it now. That is the development agreement request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G. L. Voigt Development. That was requested by Mr. Bird to be pulled at this point. Mr. Bird? Bird: I will turn it over to Mr. Kuntz. He's -- Brad and Tom met the other day and we had some questions on why we were going into a latecomers fee with these people over the water. Kuntz: Okay. Thank you, Mayor. We had a meeting last week with Public Works Department, the Land Group, who is the architect on the Settler's Park, and our Council liaison and our staff, and discussed the water line at Meridian Road that will also directly benefit the Sundance Development on the east of our park and there was an agreement in that meeting that we would like to see a direct reimbursement versus a latecomer's agreement for several reasons and Mr. Berg should have ran off a copy, I think there should be a memo from Brad Watson to Council Member Bird, myself, in regards to having an opportunity to negotiate that agreement, I guess, with the G. L. Voigt Company and thus maybe delay the development agreement that's on your agenda tonight. I guess the long and the short of it is staff feels strongly that the contract for the water line at Meridian Road, the total cost in the contract right now is 35,000. We would like to see a direct reimbursement from G.L. Voigt Company for half of that, 17,500, instead of a latecomer's agreement and then also there are two eight inch water taps that directly benefit them, has no affect on the park, and the estimated price on those are a little over 10,000, and that we feel like those -- since those directly benefit Sundance and has nothing to do with the city, that those need to be included in the direct reimbursement concept. Is that correct? I guess I'm getting nods of heads behind me. With that I would stand for questions. There is a couple gentlemen sitting behind me that could probably answer some of those better than I can. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like Brad or Gary, one of two, to come up and -- I don't -- these latecomer agreements are -- I don't know if the policy we have -- we do quite a bit with the water lines and stuff or what is going, but to draw up a latecomer's agreement for 17,500 don't seem like it's worth the paperwork it takes to get -- to collect it. So that -- that was my thinking on it. Watson: Councilman Bird, Mayor and Council, do you want me to just comment on what is historically done? Bird: Please, Brad. Meridian City Council Meeting May 7, 2002 Page 30 of 67 Watson: Since I have been here historically we have always just done the latecomer agreements, except in recent months -- well, maybe the past 12 months there was a major sewer trunk that was built where there was a -- by a private developer and there was a direct reimbursement of cost by the city. There is one subdivision that was approved several years ago where the reimbursement -- the latecomer fees back to both the city and the private developer, who had constructed a sewer lift station and pressure main, that latecomer fee was due upon signature of the final plat, rather than with each building permit, but most all latecomer agreements, those charges are applied at building permit stage. I think I rambled in several different directions there, so if you have any questions -- Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Bird: Okay. What you're telling me that we put the line in, put the two eight inch T's in and stuff and the Public Works is going to take and pay for the part that benefits Sundance development and then you will assign a latecomer fee and get it back from them. Who is supposed to pay for that up front? Watson: Councilman Bird, Mayor and Council, it's my understanding from the -- looking from the outside in that the developer and the park's architect have worked out an agreement on those two eight inch stubs to Sundance. I was contacted initially by the developer's representative and I directed him directly to the Land Group to work that out. I have subsequently been cc'd a couple of e-mailstalking about it as to location, so that I could approve it as part of the plans. I have had no part of the financial reimbursement or commitments. Bird: Okay. Brad, if I understand right, it's been our policy that we run the water line up and take the T's off, the city does, and then when the building permits or the final plat, the developer pays for it in the latecomer's agreement; is that not right? Watson: What traditionally happens is one developer will construct frontage water in a section line road and he requests a latecomer's agreement. When a developer across the road on the other side of that line comes in for a development, he is subject to that latecomer's agreement and any fees paid to the original developer are collected through the building permit process. I can't think of another water one where we have collected in any other manner, but -- Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, just to kind of hopefully clarify this, typically the latecomer's agreement is between the party that installs the line and the city. The parties who are going to hook up to that line are not parties to the agreement, Meridian City Council Meeting May 7, 2002 Page 31 of 67 but the city imposes those charges, if you will, on those latecomers to the party in order to more equitably allocate the cost among those who are going to use that system, because that line is not just simply designed just for the park, it's big enough to take in these additional developments and so it's oversized, there is additional cost, and it's a way to allocate that cost out. We had discussed, at least at workshops, the concept of the requiring those latecomer developers to pay all of those fees up front at the time of the final plat, on the rationale that if they had to lay the line themselves, if they were the first ones in, they would have all of that cost up front, not as they sold the lots. And also because the building department had had problems with contractors buying lots and not having disclosed to them that there was going to be a 1,200 dollar latecomer fee or whatever the number was and they didn't find out about it until they came in to pull a permit and so it was matter of trying to hopefully get on a policy where everyone was going to be on an even footing, the developer puts it in up front, pays up front, those that come in and hook up at the final plat stage and ready to sell those lots and they have to factor in that cost into their lots sales. So we had talked about that as a policy. Here it's a little different. The city is, in effect, the contractor, the developer that's putting in the extra line, so it almost could be special assessment connection fee for when that subdivision as a whole hooks into that line. So as far as whether to do direct reimbursement or latecomer, I'm not sure it makes any difference. I think this Council can say this is what's fair and then Public Works goes to Mr. Voigt and says this is the direction of the Council with regard to reimbursement of these costs. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So is Mr. Voigt the only one who would be participating in this? Watson: Council Member de Weerd, Mayor and Council, that is correct. The way the latecomer benefit area is designated for a water line is simply -- on a section line main is a quarter mile each side. De Weerd: Okay. And I agree Mr. Nichols did bring up that we have had these conversations and that is how I recall them and I do know Tom has specifically, when we talked about this, Settler's Park, talked about the reimbursement that would come from Sundance. What I don't recall is if this conversation had been part of the Public Hearing process for Sundance itself and I guess that would be my concern, is did -- was he totally aware of this coming into the process that will give us reason to deviate from something that has been normal protocol in the past. Watson: Is that a question to me? De Weerd: Well, the question is -- Corrie: A rhetorical question. Meridian City Council Meeting May 7, 2002 Page 32 of 67 De Weerd: -- did the applicant -- did Mr. Voigt understand this as he was going through the application process for Sundance, that this would be the expectation of the city that he pays for it all up front, rather than a latecomer's process or procedure that has been typical of the city by collecting through building permits. Watson: Council Member de Weerd, Mayor and Council, I'm sure Public Works didn't bring it up, because that would be different than what we normally do. If anyone would have brought it up I would presume it would have been the parks department, since they are the beneficiaries of such arrangement. But this concept wasn't even posed until I think after bid opening for the park. So the short answer is I don't think that they are aware, other than as I represented in that memo, I questioned Mr. Quinell in mid April about considering this and that was after the Public Hearings for Sundance, I believe. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Brad, do you remember how many lots in that subdivision. Is it 200? 180? Corrie: It says 70.72 acres. I don't know how many lots. R-8. Watson: Mr. Nichols, Mayor and Council Members, it would include all -- well, the park's water -- I can't tell. I don't have a Sundance boundary here. It includes the majority of the Sundance plat, which I think was 200 lots plus. Corrie: I think that's about right. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess my feeling is I think as policy going forward it's probably a good idea. I think Mr. Nichols has made it real clear as to what the discussion was and I do think it's -- I do think that's a reasonable policy. I don't know that it's reasonable to apply it to this development now. I mean this development has been in the process for a year and a half, two years, and we are talking 1,000 to 1,500 dollars a lot and 200 lots, that's a fairly significant chunk to tell somebody now that that's our policy from this day forward, you've got to pay it, without any warning or anything else. I think that's a fairly significant hit to put on anybody. But I don't think as a policy that's a bad idea going forward, I just think we need to figure out first if that's what we think is the right thing to do and, secondarily, when we begin to apply that and put that out so the developers know that that's the way it's going to be going forward. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting May 7, 2002 Page 33 of 67 Bird: And I agree with Bill, that, you know, this -- the development agreement was already -- and we should have brought this up at the point of when we had -- in the Findings of Facts and Conclusions of Law, but -- and a policy -- we do need to have a policy of one way or the other, which ever way we are going to do it and stick to it on the deal. But the same token is that it don't seem to be a lot of money, other than the fact that it's probably 27,000 or so more than what -- than we had planned for our -- in our parks deal and -- well, I -- but I guess it was that -- we have already raised the Public Works was planning on the extra to get the line bigger, so that's why I wanted to bring it forward and let you guys think about it, because I'd like to see if we couldn't -- you know, we are not asking -- we are not asking him for 1,500 dollars a lot to start with, just asking him for -- to share the cost -- his cost right now, which is cheaper than that and if he goes for a latecomer's or something like that, I guess, I don't know, so that's what I was -- and Brad had called the gentleman and, Brad's right, this gentleman did not know and when this development agreement was drawn up nothing was mentioned of this. So I think it's up to the Council to decide on this one and then if we want to set a policy we set a policy and go from there, but this one is something that -- something else and I would have no problems asking the developer if he would share up front, you know. It would certainly gives us some money to develop more park land. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess we both agree, but I thought it sounded like in Brad's letter he's already got that and -- but it sounds like we have already done that and so I don't know whether -- and we can certainly go back to him again, but it sounds like that was proposed and they said they don't want to do that at this juncture, which is just more up-front cost. So I mean I do think -- I guess I think we need to have a policy and we need to stick to it and I guess we can decide tonight if we think we need to apply that now. Bird: Well, I think that's the question we need to bring forward and, Mr. Nary, I agree with you, the fact that it's kind of late to apply the policy on this one and I think Tom -- and I know I certainly realize that, but it don't hurt to ask. And so I -- you know, we just go forward, I guess, as it is. Tom had the money in his bid for the -- the job was bid and everything as part of the bid, but -- and we will collect money later down per the development agreement. It might be three or four years from now, but we will collect it. Kuntz: Mayor and Council, just a point of clarification. Then would it be the Council's choosing that they would pay the latecomer's fee at the signing of the original plat or as they sell the lots? Because there is -- it sounds like in the past that there has been some real glitches in collecting those as the lots go. The other -- the reason that we bring this forward now is there is 17,000 dollars of potential park development money that when will we be reimbursed and they are getting the water now. The 10,000 dollars for the two taps was not in our bid and we are certainly not going to pay for that. The developer -- I was talking to Gary, he said the developer should pay that, because that only benefits their development. But I guess my question, then, is: Is it possible, without Meridian City Council Meeting May 7, 2002 Page 34 of 67 surprising the developer -- and I understand your concern there -- to require the developer to pay that latecomer's fee at one time when the final plat is signed or -- Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Bird: I think that's the policy, Tom, we were just talking we would have to enact, but as far as I'm concerned your bid did not include those two eight inch T's, so that is not necessary. I mean I don't know who wants to pay it, whether our Public Works water department wants to pay it, so that they will have it ready over there or have him -- I think he should pay it up front, because those -- that money should be paid up front, because it don't do us -- you know, we don't need it. We do not need them put in there. It was not part of the original bid plan. The other 17,500 we can deal with the latecomers on that. But those two T's, if he don't pay up front as far as I would be concerned, they don't go in. And I see Mr. Smith over there shaking his head and Mr. Watson, so -- agreeing with it. So -- and, Tom, we will have to just come up with a policy and Mayor and Council about how we are going to do this from here on out. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would agree with Councilman Bird on the taps, that those are items that benefit that subdivision and they need it for their subdivision and they would need to pay it up front. But as far as the latecomers, it's what we asked of every other developer, I'm sure they would have other uses for that money as well and, you know, those -- that's how we have operated in the past. If we want to operate different in the future, then we need to make a different policy in doing so, but if this hasn't been understood up front throughout this process, it's too late to be changing that now, however unfair it seems. I'm sure every developer has sat in your same seat and in your same situation and they would probably agree with you, but it hasn't changed anything, so -- Corrie: Okay. With that being said, I think are pretty much in agreement, unless there is any other discussion, I will entertain a motion to that effect. Mr. Bird. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the development agreement and request for annexation and zoning of 70.72 acres from RUT to R-8 zones for the proposed Sundance Subdivision by G. L. Voigt Development, northeast corner of East Ustick Road and North Meridian Road as written. McCandless: Second. Meridian City Council Meeting May 7, 2002 Page 35 of 67 Corrie: Further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: While we are on this, would you have Public Works and them come up with some kind an agreement that we could get into a policy that would benefit both us and the developers regarding latecomer fees, when we collect and all this stuff, so that here on out we do have -- we have a standard policy that we go by? Corrie: Okay. Gary? Smith: We will do that, Mr. Mayor. I just wanted to comment, too, it's been awhile since I read the latecomer provision in our ordinance, but I don't think that there is a provision as to how the fee is to be collected. It just says that there is an opportunity for a person or a company that's extending water and/or sewer lines that provides service in excess of what their development is requiring, to recover their costs in excess of their required capacity and I don't think there is part of the ordinance that says how the latecomer fee is to be collected. I could be wrong, because it's been awhile since I read that. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think Gary is right, it's not in there that way. However, we determine the total fee and we express that in terms of equivalent residential units, so that it's, you know, so much per ERU for water and for sewer and I think that's how we got into the collecting it at the building permit stage, because if we knew we had 100 ERU's to collect, we waited for the first 100 permits to be pulled to collect that money and I think that's how it got to that stage. But I believe Gary is right, it doesn't say how they are going to be collected, other than we determine up front how much excess capacity was put into those lines by that particular developer and we make an agreement to reimburse a certain amount and to collect that from downstream or upstream, however you want to say it, users. Smith: And, Mr. Mayor, we have had -- there have been several discussions with the developers that have extended sewer and water lines in excess of the capacity that they require and it's their feeling that properties connecting to the extensions pay the latecomer fee not by the building permit in the subdivision, but by the size of property -- size of the subdivision that is connecting to the line. So there is one payment made by Meridian City Council Meeting May 7, 2002 Page 36 of 67 the developer connecting to an extension who did not participate in the cost of the extension and that eliminates the amount of paperwork that the city goes through in processing the latecomer receiving and then paying out the latecomer fees, it increases -- or decreases the length of time that the developer has to wait to recover his money significantly and so the development community was definitely -- at least those that we talked to were definitely in favor of that type of a process. Corrie: Okay. Smith: Thank you. Item 6: Continued Public Hearing from April 23, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Corrie: Thank you, Gary. Item No.6, then, is the continued Public Hearing from April 23rd, propose Comprehensive Parks and Recreation System Action Plan. At this time I will open the continued Public Hearing. I believe Mr. Bird has a comment. Bird: Mr. Mayor and Council, we would like to continue this to -- this Public Hearing to June 4th, 2002. We have got a few little knicks and knacks we got to pick up and take care of. De Weerd: Knicks and knacks? Bird: Yeah. Corrie: Okay. Any other comments? Is there anyone from the public that would like to issue testimony on this at this time with the continuance being until June 4th? Okay. Hearing none, I will entertain a motion, then, Mr. Bird, on - Bird: So moved. De Weerd: Second. Corrie: Motion made and seconded to continue this Public Hearing until June 4th, 2002. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Latecomers Agreement Request from Jackson's Food Stores: Corrie: Item No.7, Latecomers Agreement Request from Jackson's Food Stores. Shari, do you have any comment? Oh, I'm sorry. We had a meeting this afternoon with Shari and still at the meeting. Gary. Meridian City Council Meeting May 7, 2002 Page 37 of 67 Smith: Thank you, Mr. Mayor and Council. On or about February 25th Bruce Freckleton of our Public Works office received a request from Hubble Engineering, David Bailey, requesting city enter into a latecomers agreement for -- or with Jackson Food Stores for a water line installation that they made for their store on Eagle Road at Magic View Drive. That's the -- initially this request was heard by the Council and denied, but I believe there was problem with representation by the Jackson Food Stores and so it's back up on the agenda this evening for reconsideration. I think David is here -- yeah. David is here this evening representing Jackson Food Stores. One of the issues with this particular request is that -- as I have been informed by Bruce Freckleton, that the service area for this extension is built out. This would, I would say, severely restrict the city from collecting a latecomer fee from those establishments that have paid their connection fees and connected to the system. I guess that's about all the comments I have on the subject, other than I did look at the costs that were submitted by Dave and - - from Bitterroot Construction, apparent water line installation costs. I don't know what the Council's feeling would be on a reimbursement request such -- of this nature due to the construction of facilities in the service area. I think we would be -- well, I don't think it would be good business to go back to those that have connected and said, oh, by the way, there is a latecomer fee here required. We have in the past, where we didn't have - - where there was a latecomer fee that was going to be developed, but the number had not been finalized, we have informed those connecting that they would be subject to a latecomer fee at a future time and we have included that in our assessment agreement with them, so they understood that there was an assessment that was coming as soon as the fees were finally established. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary, then that -- they have been notified that there could -- when they got their building permits, the other tenants out in that area that hooked to this water line that Mr. Jackson brought through, were told that there could be an assessment at a later date once we got the cost? Smith: Councilman Bird, no. As I understand it, they were not -- they were not given that information, because there was no indication that a latecomer agreement was going to be requested by Mr. Jackson. Bird: Gary, was February of this year the first inquiry into a latecomers regarding this and when they put it in, in 1995, seven years later? Smith: I don't recall when it was installed, but it's my understanding that this was the first correspondence that was received from Jackson Food Stores. Bird: It says since 1995 when they paid Bitterroot. Smith: Oh. I'm sorry. You're correct. That's a copy of the invoice -- Meridian City Council Meeting May 7, 2002 Page 38 of 67 Bird: And at that time there was no discussion between Public Works and Jackson Food Stores regarding a latecomer's fee? Smith: Not that I'm aware of, Councilman Bird. Mayor and Council, I guess this item -- some of the notes that are in the file -- this item came before you on March the 19th, it was tabled at that time, I didn't write down why it was tabled. It was tabled to March 26th and then it's my understanding that on March 26th it was denied. And Bruce Freckleton wrote a memo to you on March 18 that outlined the -- kind of the chronology of the time from when Jackson's Food Store was completed in the fall of 1995 to present and his comment that all parcels within what would be considered latecomer fees have been developed or the latecomers area have been developed. I don't know what the latecomer fee would be. The cost that David submitted -- in order to get an accurate number I would need a complete -- more complete breakdown of what the costs are. I have a materials cost and then I have a total cost and the total cost is round 40 -- you know, almost 42,000 dollars for 520 linear feet of ten inch water line, so about 80 dollars a foot, which is a significant cost. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Just a few questions for Mr. Smith, if I may, before Mr. Bailey comes up. Gary, would this 520 feet be an extension or would this be the through and to part -- include the through and to part of their -- the usual ordinance requirement? Smith: Mr. Nichols, Mayor and Council, I think the 520 feet was to -- as it was explained to me today in our staff meeting, it was to the western boundary -- it was from the east side of Eagle Road where the water line existed to the western boundary of the portion of the property that Mr. Jackson developed that has -- he has developed as the station right now. The Texaco station. Nichols: In the typical latecomer agreement do you include the portion of the line that's say through and -- you know, to and through their development or do you just do the extension? Let me rephrase that. In other words, if you have got to bring it 300 feet to their property, that 300 foot extension is typically part of what's included in the latecomer's agreement; is that correct? Smith: Yes. Because it serves other properties. Nichols: But then from the start of their property all the way through their property along the highway do you include that as well or not? Smith: I think it has the capability of serving other properties, so a portion of it would be included. Nichols: But not all of it? Meridian City Council Meeting May 7, 2002 Page 39 of 67 Smith: But not all of it. Corrie: Any other questions? Thank you, Gary. Mr. Bailey. Bailey: Thank you, Mr. Mayor and Council Members. My name is David Bailey, I'm with Hubble Engineering representing Jackson's Food Stores. I think I can talk about some things that will clear up pretty quick why after seven years we are requesting this. Mr. Jackson in 1995 -- I guess, first, I can't speak to what the specific the arrangements were or what discussions were had with the city in 1995, because I wasn't involved in the project at the time. He came to me this year and said he had gotten a water latecomer's fee charge from the city -- or an invoice from the city for a water latecomer's agreement and he said, well, it doesn't make a whole lot of sense to me, because I spent 40,000 dollars to bring the water line my property and now I have got a bill from the city for about 5,000 dollars on a latecomer's agreement for someone who hooked onto the water line I built and built it down the road from that point. So I looked into that and came to the city and talked to Bruce Freckleton about the project and Bruce said -- Bruce told me then -- and, again, this is what Bruce told me -- that they had not discussed the latecomer's agreement at the time and not doing that. I don't think he probably would have had he not gotten a bill from the city for additional charges. So I looked through the latecomer's agreement and what Bruce told me -- he said the only way you could do anything about it would be to apply for a latecomer's agreement and he told me he doubted the City Council would approve that, because all of the area is built out and I think Bruce has done his homework on that and looked in that area there. But Mr. Jackson had spent about 40,000 dollars to bring the water and the reason the cost was so high is they had to bore underneath Eagle Road to bring the water across to serve his property and that's why the costs are as high as they are. Now what portions of those would be determined to benefit solely to Jackson's Foods and what would benefit other properties I think is worth discussing and something that we can certainly negotiate with the Public Works Department in that area, but what it says in your water -- or in your latecomer's agreement, it says should a water user at his expense constructs an extension to the water system in a public right of way or easement with the city approval, in accordance with the standards and designs of the city, and that water line is determined by the city to be able to benefit other parties and the water users, then they are entitled to request a latecomer's agreement. Your code does not specify a term on that, how long that can be, except for that the latecomer's agreement itself, the term can only be for ten years. How we collect that I don't exactly know the answer to and I didn't get any answers out of Bruce Freckleton from that either, except for I know that in some of those areas they said they sent bills to people after they had already done their connection and said, well, you agreed you would pay what it came to when we were done, which is what they did on the building permits for a lot of those properties out there. Whether that's still available or still something we could do at this point, I don't exactly know, and what to do at this point is I think we ought to evaluate that and we ought to look at how can we not charge -- when he provided a significant benefit to the people who are down on Magic View and Allen Street by bringing the water across Eagle Road, how can we then not -- how can we then go back and charge him another 5,000 dollars for someone else to get the benefit from that line? So he's provided a benefit and for someone else to take the benefit and they are going Meridian City Council Meeting May 7, 2002 Page 40 of 67 to charge him an additional 5,000 dollars and it seems that the only path through the city ordinance is to request -- I guess looking at some -- you know, to alleviate the situation on that is to ask for a latecomer's agreement, you know, and that's -- that is a method that's in place to recoup, you know, some of the funds he paid and at a minimum not have to pay additional for someone's benefit. Corrie: Gary, may I -- is he talking about the same thing as a latecomer's agreement or is that -- what is he talking about? I don't think in a latecomer's fee we -- Smith: Well -- what we are charging Mr. Jackson? Corrie: Yeah. What is the 5,000 for? Smith: It's -- the only thing that I can think of is it's a latecomer fee for the Five Mile sewer trunk. Bailey: No. Actually, I have a copy of the invoice here and there is a late -- there is a late fee for the -- there are actually three of them here. There is the name Namah Laxmi sewer latecomers and that's for sewer that was taken from the Five Mile Trunk in Magic View down Allen Street and that's on the frontage of Mr. Jackson's property and he has no problem with that charge that's on here. Then the last one on here is the Five Mile Trunk sewer latecomers, which is in Magic View, which he also has no problem with. The one that he has a problem with is the Namah Laxmi water latecomer's, which is for bringing water to Allen Street and then south on Allen Street and that was for the -- I think the Holiday Inn Express I think is the one -- Smith: Right. Bailey: So that is a separate latecomer's agreement. That's the Namah Laxmi water latecomer's agreement, which I have a copy of here, and the charge on that is $5,334.04. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary, why would they be -- why would they be charged a late -- where does this piece that he brings -- brought around, where does it loop to? It isn't the one that loops down and goes into Woodbridge, is it? Smith: No. We paid for that one. We paid to take -- Bird: The one that he brought across and through his property, where does that loop? Where does that go? Does that go down south, then, on Allen Street? Smith: Well, there is leg that goes -- that water line was connected to by the developer of the Holiday Inn Express at Mr. Jackson's -- I guess it would be the west boundary of Meridian City Council Meeting May 7, 2002 Page 41 of 67 what he's developed now as the Jackson's Food and Gas Store and the developer of the Holiday Inn Express hooked onto the water at that point and extended it west on Magic View to Allen and then extended it south on Allen to his Holiday Inn motel. Bird: Why would an existing -- that brought the water through -- through his property line be charged a latecomer fee to get water down to the -- farther on down? I don't understand. Smith: I don't know. I can't answer that question. I don't know. Bird: Well, evidently he got a bill for it. He got an assessment of 5,000 dollars. Smith: I can't answer your question, Councilman Bird. I don't know. Bird: And it probably didn't come out of your department. It's the policy of these latecomer fees we have. Smith: Well, typically the developments pay their latecomer fees when they submit for a building permit. At least that's the way it has been. Did Mr. Jackson -- is he building another structure on the rest of his property? Bailey: No. He's not proposing to at this point. He does have that western two acres, although that that is one parcel. His store and the western two acres is actually one building parcel. There is not two building parcels there. Smith: Okay. Bailey: For calculation of the water latecomer's agreement you -- that your department uses only the western two acres to calculate -- calculating the latecomer's agreement. And then I have a copy of that here. I'm sorry, I brought a transparency and I forgot that we are in the 2000's now and we don't have an overhead anymore. Councilman Bird, I do have that. This is the Namah Laxmi water latecomer's, which shows that the Jackson's Food Store is here, Eagle Road runs up in this area, and then the latecomer's agreement is in this area in here, which is a couple office buildings, which are developed, there is a hotel proposed here, and the Holiday Inn Express and the two office buildings to the south. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As I understand, Mr. Jackson brought the water line completely through to the west side of his property; right? Bailey: Councilman Bird, he did not. It was halfway across -- Bird: He didn't bring it through? Meridian City Council Meeting May 7, 2002 Page 42 of 67 Bailey: That's correct. Bird: That's what Mr. Nichols had asked and 1-- Smith: He took it to the west boundary of the portion of his property that he has developed, which is not over to Allen Street, it's about halfway, I guess, isn't it, David, from Eagle to Allen? Bailey: It is about halfway. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Gary, if I may, would this extension of the line on the western part of his parcel be utilized by that parcel at some point in the future? In other words, if there is going to be a development on that parcel, would that parcel then access the water line through a separate meter connection to that line that Mr. Laxmi extended? Smith: Yes. Because each building -- each building has to have its own service line, so it would have to connect to that line in Magic View. Or it could connect to the line in Allen Street, you know, one or the other, but -- depending on where the building is located and how the service was situated. Nichols: But in this particular map that Mr. Bailey just showed us -- showed to the Council, where it would be hooked, either Allen or Magic View, is part of this Laxmi extension? Smith: Yes. Yes. The developer for the Holiday Inn connected to the line at the west boundary of Mr. Jackson's present development, improvement, extended it west on Magic View to Allen Street and then south on Allen to the Holiday Inn. That was his extension. Bird: That makes a big difference. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: If I may ask Mr. Bailey. Mr. Bailey, then your client would not have to do any further water extension for this western most part that's now undeveloped as a result of what Mr. Laxmi did; correct? Bailey: That's correct. Bird: That makes a big difference. Meridian City Council Meeting May 7, 2002 Page 43 of 67 Corrie: There is your 5,000 dollar fee. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Yeah. That makes -- I can see why they were assessed now a hundred percent, because I thought that -- the answer I got that he took it through his property, I didn't know that he just took to the developed edge. I didn't know he had the other lot there. So, sure, that's -- when they moved that through he is a latecomer. I understand that. Bailey: Mr. Mayor, Councilman Bird, if I can make one more comment on that and I understand the point that is being made there, but the reason that we are requesting the latecomer's agreement, there is still the amount of probably 30,000 of that 40,000 that was spent bringing the water under the road that benefited that entire development area and how he can recoup that at this point, if we can apply for a latecomer's agreement we might be able to do that, if we can have a latecomer's agreement with the city, we may be able to do that. If we don't do that, then he's paid a lot for their benefit and they did something for his benefit, which is the point you're bringing up, which is complete that water around the corner there, but he's going to pay for all of that. So he -- there is no way for him to get paid back for the benefit he provided in providing 30 -- probably about 30,000 dollars worth of crossing Eagle Road. So that's the extenuating point that could be added to what we were talking about. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Bailey, I was looking at 9-1-13 when you were talking about it as the basis to ask and I agree with what you're saying, but that is your authority to ask to have a latecomer's agreement, but it says that the means of collecting it is 9-1-12, which is one -- the section immediately prior to it, which talks about connecting to the system and I think that's what Mr. Freckleton was saying, the means to collect it is when you connect to the water system and he's saying everything is connected to the water system, therefore, is there is no means for the city to make any collection on any of these, even if were to grant a latecomer's fee agreement, it appears to be discretionary in 9-1-13 as well by the Council on whether we even grant it. But, secondarily, there isn't a means to collect it if everyone has already hooked to the system. So I guess that was the reason in the past when we had the discussion that we weren't in favor of it, because there is -- it's an agreement without any teeth, there isn't any way for us to do anything with it. Everyone is already connected. I don't know whether or not looking at these two sections -- I guess I'm curious on this 5,000 dollar bill -- and I don't know if you or Mr. Smith can answer that, but it says you have to connect to be required to pay it and you're not connecting to anything, why is he -- why are they assessing a 5,000 dollar fee? Meridian City Council Meeting May 7, 2002 Page 44 of 67 Smith: Mr. Nary, Mayor and Council, I can't answer that question. I really don't know. I haven't been a part of that, so I'll have to find out for you, but at this point I don't know. Nary: Yeah. In looking at 9-1-12 it says that's when the water construction equivalency fee is assessed is when you connect. Smith: Correct. Nary: If he doesn't connect -- at least the way I read this one -- and I didn't read them all, but he doesn't owe anything until he actually wants to connect to the sewer or connect to the water line and I guess whether or not we -- the Council has the ability to waive that cost as some sort of equity argument, which is what I think Mr. Jackson is ultimately making, I guess we'll have to cross that bridge at that time, but we don't have other means under our ordinance to collect any other fees in that particular user area and I don't think -- I mean Mr. Nichols could tell us, but I don't think we have a legal redress to the city to sue those people because of the passage time, I don't know that Mr. Jackson has any either. I mean he'll have to ask his own attorney that. But I don't know that we have any other way to collect it. So I think that's the rationale, if you follow me, that why we said it didn't seem to make any sense to us to do that. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, just a few more comments. First, my recommendation to the Council would be to deny the request for the latecomer's agreement, because of the practical impossibility of collecting any fees from those that have already hooked up. My second suggestion would be that the Public Works Department look into whether or not the water part of this assessment for the latecomer should have been assessed when it's based upon the part of the property that's undeveloped as to whether that assessment should have been, you know, billed. And then I would caution the Council -- I don't really think that you have the ability to waive a fee when you have an agreement with Mr. Laxmi that says you will collect latecomer fees, but that latecomer agreement has a terminus, it has a date after which those fees won't be collected, so if Public Works determines that the water assessment should not have been made, because there was no development, then Mr. Jackson doesn't have to pay that until such time as he does something with that undeveloped portion of the property and as long as that development occurs within the time of the latecomer agreement, but that would be my recommendation. Bailey: Mr. Mayor, if I could make one more comment on that. Corrie: Yes. Bailey: I would like to request that the Council -- we request a latecomer's agreement and request that the Council -- have the ability to enter into a latecomer's agreement with the city for the purpose of the developer having the option to be able to collect on Meridian City Council Meeting May 7, 2002 Page 45 of 67 anything -- any additional building permits that are done there for a period of three years and it gives him the ability to try to figure out ways to -- how to get paid for this. If you deny it at this point, then he's just out there and he's going to end up paying that 5,000 dollars down the road. I think that -- if the only reason for the city to deny it is that the city won't enforce the collection of it, that may be a good reason. If that's the sole reason for it -- and from what you're saying that appears to be the sole reason for that. I guess that's alii would request is that we go ahead and enter into the agreement and let Mr. Jackson worry about trying to figure out how to get -- to collect it for now. But I think he has a right to request it and that's what I'm here to represent him and ask that you do that for us. De Weerd: Mr. Mayor? Corrie: I think you're right on -- Mrs. de Weerd. De Weerd: It sounds like there is two separate things. You know, what you're requesting seems impractical and impossible, because there isn't a way to collect it, yet the 5,000 dollars is a different situation altogether, and so they should be dealt with separately. Bailey: I agree. De Weerd: And, you know, so we don't confuse one with the other. So if our action is to deny the latecomer's agreement request from Mr. Jackson on this particular issue, the letter written in regards to -- that's one action. The other one is separate from that, that, you know, we can ask staff to look into it and take appropriate action on that. But, you know, we don't want to mix the two together. Bailey: Council Member de Weerd, I agree with you that they are two separate issues and I'm not here to say that any of this in the Namah Laxmi agreement was calculated inappropriately, but I think that the ability to figure out the numbers and the ability to collect, we just think we can't collect anything, we don't know that for a fact, but we think we may not be able to collect anything from that, from a latecomer's agreement in that area. If we put the numbers together and figure that out and figure that out that there is an opportunity to do that through a latecomer's agreement, then we can do that. If we put together a latecomer's agreement and Mr. Jackson can't collect anything from it, is there any damage to the city from doing that? Corrie: I think, David, what we are saying here is the city has no way of collecting it. If we approve a latecomer's fee, then we are part of the whole program. We don't want to be part of the program, because we can't be. So if we deny the latecomer's fee -- if you want to go ahead and try it, that's up to Mr. Jackson, but I don't think the city is going to be a part of it and that's -- I think that's in a way, a round about way, you're asking us to be a part of something that's not going to happen anyway, probably. So the point is here like, Mrs. de Weerd said, there is two parts here. One, if we deny the request for a latecomer's fee, you're on your own, we are not going to do it, give it to you, then if you want to do something out, I suppose you can. I'm not an attorney, not supposed to be, Meridian City Council Meeting May 7, 2002 Page 46 of 67 but the rest of the 5,000, if you want to find out about that and maybe you can change off of there, but -- do you see where we are coming from? Bailey: Yes, Mr. Mayor, I understand. Corrie: Thank you. Council, any other discussion? Bailey: Thank you. Corrie: Thank you, David. Corrie: Okay. Under the -- that being said, I will entertain a motion on the latecomer's request for Jackson's Food Stores. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Before I would entertain a motion, I've got a question to ask Gary -- and I think I'm right -- on that loop where the latecomer on the 5,000 and they got charged, basically the only ground that hasn't been developed is his west end of his property to Allen Street, isn't it? That's that loop of water line services? Smith: Councilman Bird, Mayor and Council, I'm trying to recall from memory. I'm not sure what is on the southwest corner of Magic View and Allen, if anything yet. Hubble's office building is the next parcel south of that on the west side of Allen. There are two office buildings on the east side of Allen that also front onto Gentry and then the Holiday Inn is on the south side of Gentry and the east side of Allen up against the frontage road. Bird: There is an office there, Gary, IMI West, and there is an office in front of IMI West right there on the -- right on that corner. Smith: Right there. Okay. All right. So yes. And then the other part that's being considered now is right there where the little bull's eye is, the Sonntag piece, that Hampton Inn now is being proposed in that area. Bird: And that would -- that would go off of this same water line? Smith: That would go off the water line that Mr. Laxmi developed. Bird: Okay. And that -- so basically the only -- Smith: Mr. Jackson is the only parcel, I guess, on the piece that Laxmi -- Bird: Existing. Meridian City Council Meeting May 7, 2002 Page 47 of 67 Smith: -- extended that would be yet subject to a latecomer's, except for Sonntag, whenever that comes in. Bird: Yeah. Except for that. Smith: Correct. Bird: And that hasn't come forward yet either. Smith: No, sir. I think it's in the approval process or the review process. Bird: Thank you. Smith: Yes, sir. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would make a motion that we deny the latecomer's agreement request from Jackson Food Store. Corrie: Okay. Motion has been made to deny the request. Is there a second? Nary: Yeah. I'll second it, at least for the purpose of discussion. Corrie: Okay. Discussion? Nary: I guess what Mr. Bailey is asking -- is saying this is the only fee permit we can talk about in -- Bird: Yeah. Nary: What's up here? Bird: That's off of a different line. Nary: This is all a different line up here; is that right? Smith: Councilman Nary, Mayor and Council, the area above to the north of Magic View is -- where the little bull's eye is moving now, that road, St. Luke's Drive I think it's called, was extended around by Winston Moore, I believe, and connected to Magic View. They extended a water line in that road as part of their development to connect to Allen, but we do have a 12 inch line, I think it is, that extends along Magic View to the west of the -- yeah, right to there. And then at that point it was picked up and extended onto the west and south and into Woodbridge and made a connection at Woodbridge. Meridian City Council Meeting May 7, 2002 Page 48 of 67 Nary: So none of this -- none of this remaining connection that's in this area -- anything in here, none of that latecomer would go back to Mr. Jackson? Smith: No. No, sir. He extended it to his west boundary of the -- move it back to the east, Shari. Right there. That's where Mr. Jackson extended the line to that point and so that extension served the property to the north, which is the McDonald's Chevron and his parcel. Nary: So the only way at this juncture, then, Gary, that Mr. Jackson could get reimbursed, then, is to subdivide his property and sell it and then whoever buys that, when they connect, they'd have to pay a latecomer fee to connect from this point. Smith: They would pay a latecomer fee to Laxmi. Nary: Oh, I though Laxmi -- that was from this point. Bird: Right there. Smith: Yes. He connected at that point. Bird: He only ran through to the edge of his developed property. Nary: Okay. Bird: For his development. Corrie: Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just a question for clarity. Is that -- the latecomer's is dealt with two different ways. They can ask the city to participate as the administrator in collecting or they can go into an agreement on their own; is that correct? Smith: Council Member de Weerd, Mayor and Council, that is correct. We have had -- in the length of time that I have been involved in these things we have had one developer that formed a -- well, actually, I guess there is two developers that have formed little consortiums with other property owners adjacent to their extension and they have actually handled the latecomer fees themselves. One of the developers came back to us after a significant length of time, was having trouble collecting, and wanted us to be involved in a latecomer fee in collecting the fees, but we abstained, because we hadn't had any dealings up to that point with any of the transactions that they had been involved in, so we were really limited on what we felt we could or should do, but, you're right, there are two different ways to approach this latecomer and a lot of times it's a better return for the developer if he can enlist other property owners and form a Meridian City Council Meeting May 7, 2002 Page 49 of 67 consortium to extend the line. He doesn't have this administrative fee to pay to the city for collecting and then disbursing the latecomer fees and -- but that is another option. De Weerd: Okay. Thank you. Corrie: Any other discussion? Okay. Let's have a roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion to deny the request approved. MOTION CARRIED: ALL AYES. Item 8: Ordinance No. AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G. L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Corrie: Okay. Ordinance No. 02-949. This is a request for annexation and zoning of 70.72 acres from RUT to R-8 zones for the proposed Sundance Subdivision by G. L. Voigt Development, northeast corner of Ustick Road and North Meridian Road. At this time I'd like to have the City Clerk read Ordinance No. 02-949 by Title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-949. An Ordinance finding that certain land owned by the McBirney Property Trust to be known as Sundance Subdivision, located at the northeast corner of East Ustick Road and North Meridian Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council, that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the city engineer to add said property to the official map of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed to the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2315. Corrie: You have heard the reading of Ordinance No. 02-949, a request for annexation and zoning. Is there anyone from the public that would like to hear testimony -- or, excuse me, the Ordinance read in its entirety? Okay. Hearing none, I will entertain a motion on Ordinance No. 02-949. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting May 7, 2002 Page 50 of 67 De Weerd: I move that we approve Ordinance No. 02-949 and instruct the -- or with suspension of rules. Bird: I'll second that. Corrie: Okay. Motion made and seconded to approve Ordinance 02-949. Is there any further discussion? Roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. Ordinance No. 02-949 has been approved. MOTION CARRIED: ALL AYES. Item 9: Ordinance No. AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini StoraQe by Ron Osborne - 1975 East Franklin Road: Corrie: No.9. Ordinance No. 02-950, which is a request for annexation and zoning of 9.79 acres from RUT to C-G zone for Franklin Mini Storage by Ron Osborne, 1975 East Franklin Road. At this time I would like to have the City Clerk read Ordinance No. 02- 950 by Title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-950. An Ordinance finding that certain land to be known as Franklin Mini Storage, the location of which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council, that said land be annexed into the City of Meridian and zoning designated General Retail and Service Commercial District (C-G) and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the city engineer to add said property to the official map of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed to the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission, State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63- 2315. Corrie: You have heard the reading of Ordinance No. 02-950 by Title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I'll entertain a motion on the Ordinance 02-950. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. Meridian City Council Meeting May 7, 2002 Page 51 of 67 McCandless: I move that we approve Ordinance No. 02-950 with suspension of rules. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance No. 02-950 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion approved. MOTION CARRIED: ALL AYES. Item 10: Ordinance No. AZ 02-001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Violet Werth -- 2150 South Locust Grove Road: Corrie: Item No. 10 is Ordinance No. 02-951. This is a request for annexation and zoning of 1.14 acres from R-1 to R-4 zone for Marvin and Violet Werth by Marvin and Violet Werth, 2150 South Locust Grove Road. At this time I would request that the City Clerk read Ordinance No. 02-951 by Title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-951. An Ordinance finding that certain land owned by Marvin and Violet Werth, located at 2150 South Locust Grove Road, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed into the City of Meridian and zoning designated Low Density Residential District (R-4) and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed to the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission, State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2315. Corrie: Okay. You have the reading of Ordinance No. 02-951. Is there anyone from the audience that would like to hear the Ordinance read in its entirety? Hearing none, I will entertain a motion on the Ordinance No. 02-951. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting May 7, 2002 Page 52 of 67 Nary: I would move the approval of Ordinance No. 02-951, the request for annexation and zoning of 1.14 acres from an R-1 to an R-4 zone for Marvin and Violet Werth by Marvin and Violet Werth at 2150 South Locust Grove and pursuant to Idaho Code with suspension of rules. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? Roll-call please, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: PP 02-005 Request for Preliminary Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willey Subdivision by Roylance and Associates -- 3710 East Franklin Road: Corrie: Item No. 11 is a Public Hearing. This is a request for a Preliminary Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willey Subdivision by Roylance and Associates, 3710 East Franklin Road. At this time I will open the Public Hearing on Preliminary Plat 02-005 and staff comments first. Stiles: Mr. Mayor and Council, this is the property where RC. Willey currently sits. They have -- the R C. Willey store is here. They are proposing another lot on this corner and I believe two other lots in this location north of Lanark. The property was originally annexed as part of Ron Van Auker's Porkey Park Subdivision and that plat is now null and void and in order to obtain additional building permits and to sell off parts of their land, R C. Willey filed this application in order to legally subdivide the property. In the recommendations of the Planning and Zoning Commission -- hopefully you have a copy of Dave McKinnon's proposed changes to the recommendations under Conditional Use Permit -- and these were based on the Planning and Zoning Commission's actions, not necessarily staff who respond to. On page two -- I'm not sure where that came from, because I don't think they did a Conditional Use Permit on this. Nichols: Mr. Mayor and Members of the Council, I think Mr. McKinnon was simply referring to the Preliminary Plat recommendation and not the -- so that's what he's referring to, because if you look at the recommendations prepared by our office for the Commission, it refers to the sidewalk as item number four. Stiles: So the recommendation as he has it worded here was in accordance with the Planning and Zoning Commission's recommendation as far as I understand. The end of the first sentence would need to include 55 after the SH. There is an issue with the sidewalk along this section of Eagle Road. The Idaho Transportation Department will not accept sidewalks within the right of way and there is quite a difference in the right of Meridian City Council Meeting May 7, 2002 Page 53 of 67 way here. I'm not sure what this exactly was for, this additional right of way, but I would ask that the sidewalk design and location should be coordinated with ITD and the City of Meridian, because I'm sure that the Idaho Transportation Department's response is that they don't want one. Under item six on page two of the recommendation we have run into this situation continually on -- something we need to change in the landscape ordinance, we haven't yet changed it, but Council has approved other applications to approve the street buffers to be placed within a landscape easement, instead of a common lot, and one of the reasons for this was to allow that property to be sold as part of a lot and to be considered a tax paying portion of the lot, instead of a non-tax paying common lot that was owned separately by a business owners association. It would be maintained by a business owners association and the recommendation of P&Z is that it be -- the landscaping be done prior to issuance of a building permit. The only landscaping would be per their original approvals, it would include a 35 foot landscape buffer along Eagle Road. The rest of this is already landscaped and as you can see the parking lot is maybe within that 35 feet, but I think they have landscaped a portion of the right of way -- it looks like it has been at least, going out there. Also on page two, item five of the Preliminary Plat, general requirements, the staff comment was just the comment we make on every application and it says all ditches are to be tiled and they -- the Planning and Zoning Commission went on to say that the Evans Drain shall be tiled and tiling shall be done prior to issuance of a building permit for new construction within the subdivision. When R. C. Willey came in I believe they did put down some money for tiling of this ditch. This portion of the Evans Drain is quite deep. Ron Van Auker has indicated his willingness to also tile this ditch. However, I'm not sure if it's at the same time as this portion. It will need to be a perforated pipe, because it's also a subterranean drain. I don't know if the letter of credit on that has lapsed or whether it was money deposited with the city, but the City Clerk may be able to find that out and see if there is money available to give back to them or whether the letter of credit is still valid. Staff would recommend approval of this Preliminary Plat with all staff conditions -- just one minute, please. Smith: Mr. Mayor and Council, I believe that the roadway that exists there was previously dedicated to ACHD by metes and bounds and the Preliminary Plat that's being submitted to the city is actually two parcels of ground that are separated by a dedicated road. Our experience has been in the past with the Ada County engineer has been that the county will require two subdivision names, because it is separated, unless this roadway would be included in the plat and if that was the case, then the owner of the roadway would need sign the plat as an owner. So I guess we need to find out for sure, if my memory is right, that it is a dedicated roadway. Stiles: It is. Smith: And if that's the case, then from our experience the developer would be looking at two subdivision names as a requirement of the county engineer or including the roadway as part of the plat and having the Highway District sign the plat as an owner. De Weerd: Thank you, Gary. Meridian City Council Meeting May 7, 2002 Page 54 of 67 Smith: Sorry. Corrie: Okay. Any other staff comments? Is the -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just have a question for Shari. When I looked at the motion from P&Z it looks like they are mentioning that all landscaping needs to be done prior to the issuance of the building permit, but the tiling of the ditch is to be done at the same time for both RC. Willey and Willey Subdivision, so -- and that's all I have in front of me to reference is -- but you had mentioned that it would be prior to issuance of a building permit. Stiles: That was in the original recommendations. For the landscaping or are you talking about the tiling? De Weerd: The tiling. The tiling of the ditch is to be done at the same time for both RC. Willey and Willey Subdivision and that's the only -- that seems to be the only mention in the actual motion. Stiles: Mr. Nichols could -- if he could remember where this came from. I'm not sure if it came from my staff or is it something the attorney prepared, the two pages dated April 4, 2002. I'm not sure where that came from. At least it seems to be consistent on that two page -- two pages and what David has written and what the recommendation was, that the landscaping and the tiling shall be done prior to issuance of a building permit. I don't believe it should necessarily have to be done prior to the building permit. It could be done prior to occupancy. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess -- since it's not late I guess I can ask this question. This is more of the process, but looking at this -- these last two pages and what's incorporated in the sort of synopsis of the meeting of the Planning and Zoning Commission of April 4, item four, which is RC. Willey, it appears that Mr. McKinnon's corrections to the recommendation prepared by Council from the Planning and Zoning Commission are incorporated in this synopsIs. Stiles: Yes. I don't know which came first. Nary: So I guess I'm curious, but we seem to get a lot of these -- what it appears to me is whoever prepared this document -- and there is a court reporter here, this gentleman here was there, so it's not like we have to use these people's memories, that it appears Meridian City Council Meeting May 7, 2002 Page 55 of 67 that the recommendations that were originally prepared, these particular three items, were incorrect. Is that -- Stiles: Yes. Nary: Is that right? Stiles: Yes. Nary: So that's why we should -- it seems like duplicative work to have to do that. We have a person that's there who is preparing this recommendation and then you have to have a staff person review it and then correct it from the things that are in the minutes that a person can read. It seems duplicative to me. Stiles: We get the findings from the city attorney's office and then review those. Nary: But from a process standpoint, rather than Mr. McKinnon preparing a document, is there any conversation or dialogue with the counsel that say, look, I have read the minutes, they are right here, these three things are wrong, you want to just fix them or do I have to prepare a paper. It just seems like duplicative work to have both Mr. McKinnon's time spent reviewing and making corrections and then preparing a paper -- a memo to us to say these are incorrect when we can all look at the minutes and say, yeah, this is wrong, so just correct them. Why is it done that way? Stiles: This is the method requested by the city attorney's office. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Councilman Nary, and Members of the Council, let me back up a little bit here. Before I started doing the Council meetings there were -- first of all, we didn't have a professional transcriptionist that was preparing Planning and Zoning Commission minutes and a lot of times these recommendations had to be done before those minutes were prepared and so we had no minutes to refer to and so Mr. Gigray had asked Planning and Zoning staff, as well as the applicants, to -- if they had any issues with regard to the recommendations they'd use a position statement, so that it was in writing for the Council to consider at the time the matter came before the Council. That was the origin of the position statement. That's -- I mean that's when it first came to be. We have in the past not gotten the recommendations of Planning and Zoning staff or the applicants in sufficient time ahead of the Council meeting to get meaningful input on potential errors. It's my desire that we do a better job on these recommendations. We have made some staff changes to try to get that recommendation and I have with met both Mr. Borup and Shari on those issues and so it is a work in progress and I would agree with Councilman Nary that if there are small items that need to be changed and they are clearly in the minutes, a phone call or an e- mail should be sufficient to be able to get those recommendations changed before they Meridian City Council Meeting May 7, 2002 Page 56 of 67 come to Council. I mean I agree that that would be a better process, but, again, just to refer to -- in terms of how, you know, the position statement, yes, it was requested by our office, but you could say it was done during another area and certainly before we had the transcript of the minutes as early as we get them now. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I think that Mr. Nichols has hit the nail on the head and that was my point. I would imagine there are occasions that a position statement is appropriate, particularly if there is an area of disagreement among the parties as to what was really intended in that same sense. But here when you have, you know, the city's staff and contract staff writing -- spending a lot of time rewriting things on something that is really a scrivener sort of error or a fairly minor type of thing, it seems to make more sense just to do it like I said and that's a process thing we need to get to, but I mean I'm not saying get rid of the position statement process, because I think there are occasions that it probably has significant value and may be the Council's decision to decide what exactly do we think appropriate to evaluate what was said by both parties and what the discussion would be about. I just -- in this particular one it looks like we did some duplicative work that we probably didn't need to and the process probably could have been done a little bit better. Now that we do have a transcriptionist it's a little easier. Stiles: I think this was done during the transition in staff and so hopefully with the new staff member at Planning and Zoning Commission we will be able to do that. The recommendations were submitted to us on April -- well, they were submitted to the City Clerk on April 18th and David submitted his position statement on the 19th and served it on the agencies stated at the bottom of the position statement that -- we will just work on it to get it better. Nary: Okay. Corrie: Any other comments? Okay. Is the representative or the developer here this evening? Come up, please. Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth and nothing but the truth, so help you God? Rennison: I do. Corrie: Okay. Name and address, please. Rennison: My name is John Rennison. I'm with Roylance and Associates at 391 West State Street in Eagle and I think I might be able to hopefully add a little bit of clarification to the application here, maybe, and I'd first like to speak to the position statement here, one, to clarify that, no, we have not filed a Conditional Use Permit. I think that was just a typo. I think we all confirmed that already. I don't know if the position statement has been entered into record or not. Has it? It has officially? Meridian City Council Meeting May 7, 2002 Page 57 of 67 Nary: It's all part of the record. Rennison: Okay. I just wanted to clarify that. I guess we are in favor of all of those items there and I thought it was a very good -- a job well done, I guess, of trying to capture what I think was meant at the P & Z versus what was actually noted here in those two pages that we were discussing previously and in specific with regard to the Evans Drain and that, it's the owner's request that the condition be made that the requirement for tiling be placed at the building permit stage and as well as the landscape improvements, we be required to do those prior to pulling a building permit. And I did want to note also that the Preliminary Plat has been updated already with a few of the recommendations from P&Z and it has been resubmitted and I don't know if there was distributed a copy of that or not. Okay. Great. So a lot of these items have already been incorporated into a revised map. I want to point your attention to the landscape buffer that they have requested around the perimeter or that is along the frontage of Franklin and Eagle Road. We have -- as part the city's request and also the owner's preferred method to provide landscape easement, the 35 foot landscape easement along the frontage of both Franklin and Eagle Road. I'd also like to clarify that the landscape plan that was submitted with the original application does actually show some of those existing landscape improvements that are up at the intersection of Franklin Road and Eagle Road. They are not necessarily shown on the Preliminary Plat. Some of the existing improvements. And I think that the proposed landscape plan was in conformance with the ordinances and I think the recommendation was to accept that. On the tiling of the Evans Drain issue, again, to hit on that, Gary brought up some questions about the letter of credit and whether or not that had lapsed or had been renewed. It has, in fact, been renewed with the city for that amount, which was originally required at the approval of the original R. C. Willey project, but -- so that still stands and we'd like to have that continue to be in place until such time that either a building permit is requested on one of the two parcels or until such time that the neighboring property is developed. I think that would be part of the original agreement. I do want to back up and state that staff did a great job of rekindling what transpired during the original R. C. Willey submittal for that project, gone back through that and read through that. They did a pretty good job of bringing us up to speed on what had happened at that point in time and so I guess the short of it is that we'd like that letter of credit to stay in place and that the condition be placed that we do that tiling before pulling a building permit. And I would like to offer any other -- try to answer any questions that you have in discussion after I'm through here with regard to the tiling. I think there is -- could be a bit of confusion there and I'd like to offer up any clarification items that I might be able to do. With regard to the five foot sidewalk on Eagle Road, I don't know that there is any problem with complying with your request there to place that sidewalk within the landscape easement or that is outside of the right of way should that be the recommendation of the Council. The dedication of the roadway, that roadway has actually been dedicated to the public, so it's -- I think internally we have it shown as included in the subdivision and that's the way we presently have it indicated. I would hope -- or I would ask that we perhaps not hold up the application based on this particular item and that we will go either direction. I'm not quite sure which would be the best and most preferred direction to go, whether we apply for two subdivision names or whether we simply include ACHD in the plat, probably doesn't matter too much. We Meridian City Council Meeting May 7, 2002 Page 58 of 67 went through quite a hassle to get the first subdivision name, so I -- I believe there is another RC. something out there. So Willey has been condensed to Willey. So our request there would be that we have an approval conditioned on either of those two options. So I think we have addressed, again, all of the revised Preliminary Plat items that there were discussed at the P & Z. We have resubmitted that. We think they are clearly addressed and with that I guess we would request approval conditioned on those items that we previously discussed. That's all I have. Corrie: Any questions of the applicant? De Weerd: He answered them. Bird: He did mine, too. Corrie: Okay. Thank you. I have to ask the question. Is there anyone else from the public that would like to issue testimony at this time? Okay. Hearing none, Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Didn't the Corps of Engineers -- wasn't -- that drain, to my knowledge, I recall something -- and I think you and I were the only ones on at that time, that the Corps of Engineers did not want that tiled and we stated it and we stated it -- I don't know how -- every time something comes up along there we seem to come up with the tiling of that drain. In fact, I remember -- if I remember right, Councilman Rountree checked into it with the Corps of Engineers and they were very adamant that they didn't want -- did not want that tiled. I could be wrong, but that sticks in my mind that there was something on that. Maybe Shari can answer it better. I don't know. Corrie: That's my recollection, too, and one of the reasons was -- I think Charlie found out that the water could be too much for the hole underneath the -- Bird: And there would be a flood -- Corrie: And there would be a flood there, so -- I guess it's something that's an ordinance that it has to be done or -- but nobody wanted that tiled. Do we still require RC. Willey to pay for tiling and then -- whether they tile it or not? Stiles: Mr. Mayor and Council, it was a condition of the original annexation and the approval. Mr. Van Auker does fully intend to tile his remaining portion of the property to the east. Nampa-Meridian has given us a letter stating that they would like it to be tiled. It would have to be open joint or perforated pipe or something like that to take the groundwater that comes in that, but I don't know how the Corps of Engineers -- having any say or -- I think when the city came in they were arguing some point that it shouldn't be tiled because of all the groundwater and that it accepted a lot more drainage than maybe Nampa-Meridian realized, but as far as the Corps -- I mean it accepts drainage Meridian City Council Meeting May 7, 2002 Page 59 of 67 off parking lots and it's not a natural stream. There is quite a bit of property to be gained by tiling that. It's probably a good 40 feet across and extremely steep. Corrie: You're much younger than I, maybe your memory is better than mine, but I remember a discussion -- Bird: There was a discussion on that and I -- Nampa-Meridian don't have the control of that drain ditch, do they? That is some kind of a -- Gary, am I right, hasn't that got something to do with flood control? That drain ditch? And like the Mayor said, there was something -- the reason they did not want that tiled. Smith: Councilman Bird, Mayor and Council, I think it takes drainage from upstream and I'm not sure where it starts, but -- but I believe that Nampa-Meridian's concern was that -- and it may have been someone else's concern, that it is a drainage ditch and it is taking groundwater flow -- whoever had that concern, wanted to be sure that the pipe was large enough and that it was open jointed or perforated, so that it would continue to act as a drain if it was piped. I don't remember much else from that conversation long ago, but -- Bird: Gary, if it's perforated will that accept -- but if it's covered over, how is it going to accept -- as I understood it, that is a flood control -- starting up where Touchmark and that -- and all that bench above there is that flows down into that. That's sticks in my mind that something was brought up about that. Smith: Well, I think that -- Councilman Bird, I think that I can recall seeing it across Cloverdale. I think this drain pretty much parallels the railroad. I don't know how far it continues to the east. I really don't know what it -- Bird: I don't think it -- it don't go to Maple Grove. I'm trying to think if it goes to Five Mile. I can't remember how far it goes down there. Corrie: Well, I guess if they are both willing to -- Bird: Yeah. If they are both willing to, I mean -- Nary: Mr. Mayor? Corrie: Yes, Mr. Nary. Nary: Would it be better to word that this particular section of the Evans Drain shall be tiled if allowed by the controlling utility? And that way we are not going to hold up R. C. Willey. Bird: That's right. Nary: And if the controlling authority is still of the mind set back when this was originally approved that it's not allowed, well, then you're off the hook, but if they are going to allow it, then that's fine. Meridian City Council Meeting May 7, 2002 Page 60 of 67 Bird: If they are willing to -- Nary: Do you think that would be problematic, Mr. Smith, if we simply just put In language that said as long as it's allowed by the controlling authority? Smith: I think that would be adequate, Councilman Nary. Yes. Bird: Okay. Corrie: One thing we don't need to do is hold that up. Okay. Smith: Mayor and Council, I think that -- Shari also pointed out that they are showing some drainage along the north boundary of Lanark. I guess that would be over the -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Smith, you weren't suggesting that we delay this to make the decision on whether or not the roadway should be signed by ACHD as an owner or whether or not a new name, you were just -- Smith: No. Nary: -- suggesting a warning or I guess indicating they are going to have to fix that. Smith: Yes. Correct. Nary: It may be easier to make a Willey II Subdivision than to get ACHD to sign it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: In Planning and Zoning's overview or staff's overview on -- dated March 28th on page five, they did discuss the tiling of the Evans Drain and some of historical sequence of events and it looked like RC. Willey had submitted a variance application to not tile it and it was suggested that if it exceeded the 48 inches they would not have to. Then Nampa-Meridian came back and said it would not exceed 48 inches and so it appeared that they would have to tile it. So your recollection -- your memory serves you right, but it has been addressed through the history of this project it looks like and so it looks like Nampa-Meridian does want it to be tiled. Bird: I don't believe Nampa-Meridian has the final say on it. That's what I'm saying. There was something about the Corps of Engineers on it. Corrie: That it's a drainage that -- Meridian City Council Meeting May 7, 2002 Page 61 of 67 Bird: It's a drainage, not an irrigation ditch. Corrie: Okay. Any other discussion? Okay. No more discussion on the Public Hearing -- Stiles: Mr. Mayor? Corrie: Yes, Mrs. Stiles. Stiles: I had a question of the applicant. Corrie: Okay. If you would come up, please, to the microphone, so that we can hear what the question and the answer is going to be. Stiles: The applicant had stated that R C. Willey wants it to be a condition of the approval that the tiling be done prior to issuance of a building permit. Is that something that R C. Willey is going to do or that they expect the first person coming in for a building permit will be required to do? Rennison: Shari, I think that RC. Willey already has the -- by issue or posting the letter of credit, the understanding or -- lacking the word here -- the commitment to fulfill that requirement themselves. Stiles: Okay. Was there any particular reason that they wanted to put it upon themselves that that be done prior to issuance of the building permit? Was it to make those lots more salable or make sure their storm water could be accommodated or -- I was just curious. Rennison: I think the -- I know you weren't there for the P & Z meeting, but I think it was P & Z's recommendation that it be -- that that be the time line when -- that it -- the entire drain be tiled prior to the first initial building permit for safety concerns I think was the . . primary Issue. Stiles: So that wasn't something R C. Willey requested, that they wanted to be required to tile prior to issuance of a building permit? Rennison: That's correct. Stiles: Okay. Thanks. Corrie: Thank you. Any other questions? Hearing none, I'll entertain a motion to close the Public Hearing. Bird: So moved. De Weerd: Second. Meridian City Council Meeting May 7, 2002 Page 62 of 67 Corrie: Motion has been made and seconded to close the Public Hearing on the Preliminary Plat, PP 02-005. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Further discussion on the request for the Preliminary Plat? Okay. Hearing none, I will then entertain a motion for the request for the Preliminary Plat, 02-005, by Willey Subdivision. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve PP 02-005, request for Preliminary Plat approval of four building lots and one other lot on 20.01 acres in a C-G zone for Willey Subdivision and to include all staff comments and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order; to include in the recommended language of Mrs. Stiles for the sidewalk along Eagle Road to be upon approval of ITD and the City of Meridian, to encourage the detached sidewalk, and to also incorporate the position statement of Mr. McKinnon as well. Bird: I will second it. Corrie: Okay. Motion has been made and seconded. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Is there any necessity to deal with the drain issue, as well as the authority to allow the drain to be tiled? So we amend number five to say the Evans Drain shall be tiled if allowed by the controlling authority and tiling, if allowed, shall be done prior to the issuance of a building permit. De Weerd: My motion would agree with that. Bird: Second agrees. Corrie: Okay. With that addition to the motion any further discussion? Hearing none? Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 7, 2002 Page 63 of 67 Item 12: Public Hearing: MI 02-004 Request for modification of the Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary Plat regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: Item 13: Public Hearing: VAR 02-003 Request for a variance from Meridian City Code 12-2-5 regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: Corrie: Okay. Item Nos. 12 and 13. We can open the Public Hearing on both of those. One Public Hearing is for a request for modification of the Findings of Facts and Conclusions of Law and Order and conditional approval of Preliminary Plat regarding sidewalk requirement for Elixir Subdivision by Paul B. Clayton, 521 North Eagle Road. And also I will open the Public Hearing on the request for variance from Meridian City Code 12-2-5 regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton at 521 North Eagle Road. So I have opened the Public Hearings and -- Paul, wait just a minute -- Paul, wait just a second. I'll have the staff and then I'll have you come up and we will be all set. Staff comments. (Mayor Corrie left room.) Stiles: Mr. Mayor and Council, this is for the subdivision that was -- a portion of this property was rezoned for Primary Health to come in. That would have been the corner right here, approximately an acre there. The two applications were submitted because the one was to modify the conditions of the Preliminary Plat and the other was to obtain a variance for the sidewalk requirement, because it is city ordinance. The applicant we have met on numerous occasions. I'm not sure how much -- how far this right of way goes, but the applicant was concerned that if they did put a sidewalk in, that there would be dirt falling in from the embankment. It's not -- it's not real clear here, but it is quite a steep embankment and Idaho Transportation Department does not want it within their right of way. When you get to the end of the Elixir property as you're going north on Eagle you come to the railroad tracks, it would be next to impossible to get approval to cross that with a sidewalk and then on the other side of the railroad tracks is the Evans Drain that at some point mayor may not be piped and then it just goes on steeper from there to get up to Franklin Road. Staff did consider this request and recommended approval based on the unusual topography and would recommend approval for deletion of the requirement for Eagle -- excuse me -- to delete the requirement for a sidewalk on Eagle Road for the subdivision. Also in the application for the modification of the Preliminary Plat, for some reason the findings that were included in this application were for the rezoning. I didn't see any reference to the sidewalk being required in that, but Dave McKinnon's summary -- David McKinnon's summary does indicate that page seven, item number 17, of the Findings of Fact and Conclusions of law for the Preliminary Plat did contain that requirement, so that would be what we would request to be changed under the Preliminary Plat condition. All other terms and conditions of the Preliminary Plat would remain in effect. I believe we had reached conclusions on all other issues for the subdivision and that's all I have. Meridian City Council Meeting May 7, 2002 Page 64 of 67 De Weerd: Okay. Thank you, Shari. Council, do you have any questions for staff at this point? Nary: None, Mayor. De Weerd: President would be -- Nary: Sorry. De Weerd: Councilman Nary. Nary: Maybe I just -- in reading them isn't it backwards? Don't they need the variance first and then to modify the conditions of approval? Stiles: Yes. I believe that would be appropriate. Nary: Okay. Thank you. De Weerd: Thank you. Mr. Clayton, would you like to comment? I'm sure you -- Clayton: I guess the last is the best. De Weerd: Please state your name and address. Clayton: My name is Paul Clayton, 501 North Eagle Road, Meridian, Idaho. (Mayor Corrie returned.) De Weerd: Would you want to swear him in, Mr. Mayor? Just in time. Corrie: Is the testimony you're about to give the whole truth and nothing but the truth, so help you God? Clayton: I do. Corrie: Thank you. Clayton: Somewhere in the Bible it says that the last shall be first and the first shall be last, so I guess I'm number one. However, we are appreciative of what staff has done and we are going to proceed with our project here. We come very close to losing our tenant, but we have saved the deal, so we will go ahead and do these things and with the cooperation of the people that we have hired to take care of things I'm sure we will have the thing in order very shortly. Thank you very much. Corrie: Thank you, Paul. Thank you for waiting. Appreciate that. Any other questions of Council? Meridian City Council Meeting May 7, 2002 Page 65 of 67 Bird: I have none. Corrie: I'll entertain a motion, then, if there is no other -- to close the Public Hearing on Item No. 12 and 13. Bird: So moved. Nary: Second. Corrie: Motion made and seconded to close the Public Hearing on the modification of the Findings of Facts 02-004 and the Variance 02-003. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I think it was pointed out we need to pass Item 13 before we do 12. Corrie: Okay. I need to have an agreement to close the Public Hearing on -- Bird: I'm sorry. I thought we had already voted on it. I'm getting ahead of myself. Corrie: All those in favor of the motion say aye. Okay. All ayes. MOTION CARRIED: ALL AYES. Corrie: I will, then, take the request for the Variance 02-003. Discussion? Hearing none, I'll entertain a motion, then, on the request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Variance 02-003, request for a variance from Meridian City Code 12-2-5 regarding the sidewalk requirement for Elixir Subdivision and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order, to include all staff comments. McCandless: Second. Corrie: Okay. Motion has been made and seconded on the request for variance. Any further discussion? Hearing none, Mr. Berg, roll-call vote, please. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion on the variance is approved. Meridian City Council Meeting May 7, 2002 Page 66 of 67 MOTION CARRIED: ALL AYES. Corrie: Now I will entertain a motion on the modification of the Findings of Facts and Conclusions of Law, if there is no further discussion. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approved MI 02-004, request for modification of the Findings of Fact and Conclusions of Law and Order of conditional approval of Preliminary Plat regarding the sidewalk requirement for Elixir Subdivision to include all staff comments and testimony and have the attorney draw up the appropriate paperwork. Bird: Second. Corrie: Motion has been made and seconded to approve the request for modification, MI 02-004. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. Thank you, Paul. MOTION CARRIED: ALL AYES. Corrie: Okay. I would like to remind Council that we do have another meeting on Thursday night at a baseball field if you so desire to be there. With that I thank everybody for the short meeting. Smith: Mr. Mayor? Corrie: The special meeting next week will be at 5:30 and it will include rural fire -- meeting with the rural fire commissioners and also if we get -- would like to have EGA come and also talk to us about another subject. So we will do that at 5:30, a special meeting before the workshop. Mr. Smith. Smith: Mr. Mayor, I was wondering if Mr. Nichols had heard anything from our injunction on the White Drain. We received two phone calls today in fairly short order from the low bidder. He's concerned about pipe prices and wants to move forward, so -- Corrie: I will turn that over to Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, and Gary, I apologize I didn't get seven copies, because I had six made, but I just got today a copy of the order of dismissal, which was entered in the case. So the case has been dismissed, the city is free to enter into the contract and go forward with the project. Meridian City Council Meeting May 7, 2002 Page 67 of 67 Smith: So we can put a notice of award together for the Mayor to sign and -- Nichols: Yes. Smith: -- contracts to send to the low bidder. Okay. Thank you very much. Corrie: With that being said, any other announcements? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think I e-mailed everyone here today and he's already gone, but I was -- you know, it's on the 15th, but there is a map of the Comprehensive Plan, just like that one on the wall there on the website of the Idaho Statesman, so it gives us an opportunity to let other folks know a place to see that without having to come down here. It was nice of the Statesman to do that for us. So that was a very nice gesture on their part. Corrie: I looked at that. It was nice. With that I will entertain a motion to adjourn. Bird: So moved. De Weerd: Second. Corrie: Motion made and second. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: At 10:02. MEETING ADJOURNED AT 10:02 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED / / DATE APPROVED ROBERT CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK