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HomeMy WebLinkAbout2001 02-13 ( ( CITY OF MERIDIAN CITY COUNCIL STRA TEGIC PLANNING SESSION / WORKSHOP AGENDA ITEMS FOR DISCUSSION Tuesday, February 13, 2001, at 6:30 P.M. City Council Chambers Roll Call: _L- Tammy deWeerd _L- Cherie McCandless _L-Ron Anderson _L-Keith Bird X Mayor Robert Corrie Issue #1 Issue #2 Issue #3 Issue #4 Issue #5 Issue #6 Issue #7 Issue #8 Issue #9 Discussion of Sewer Issues in Section 25, 26, 27, 34, 35, 36 of Township 4 North, Range 1 West with J-U-B Engineers: Update on White Sewer Trunk Line by Gary Smith Discussion of 1999 / 2000 Audit: Janice Smith and Kevin Anderson Discussion of Meridian Chamber of Commerce Lease Agreement: Jim Johnson will work with Bill Nichols and Tom Kuntz to revise the lease for 2-27-01 meeting Discussion of Resolution for Meridian Development Committee: Jim Johnson and Bill Nichols will submit district at the 2-27-01 meeting Discussion of Amended Ordinance # 852 for Water / Sewer Connection Outside the City Limits: Bill Nichols will revise for 2- 27-01 meeting Discussion of Parking Regulations Ordinance: Bill Nichols and Bill Gordon will revise for 2-27-01 meeting Discussion of Inspectors Fee / Contracts: Gary Smith will present on 2-27-01 meeting Discussion of Tully Park Dog Ordinance: Tom Kuntz will submit revisions for 2-27-01 meeting Discussion of Skate Park Site Selection~w Tom Kuntz submitted options on location Meridian City Council Wor1<shop Agenda - February 13, 2001 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( Issue #10 Discussion of New Downtown Christmas Decoration: Tom Kuntz presented options Issue #11 Discussion of Exparte Communications: Sill Nichols presented guidelines Issue #12 Discussion of Future Topics Meridian City Council Workshop Agenda - February 13, 2001 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( ( MERIDIAN CITY COUNCIL WORKSHOP FEBRUARY 13. 2001 The workshop of the Meridian City Council was called to order at 6:30 p.m. on Tuesday, February 13, 2001, by Mayor Robert D. Corrie. Members Present: Robert Corrie, Cherie McCandless, Ron Anderson, Tammy de Weerd, Keith Bird. Others Present: Janice Smith, Kathleen Putman, Cathy Dennison, Gary Smith, Brad Watson, Bruce Freckleton, Bill Gordon, Bill Nichols, Will Berg, Shari Stiles, Ken Bowers, Tom Kuntz Corrie: Thank you. I'll open the public meeting at 6:30 and have roll~call vote, please. Roll Call: X Tammy deWeerd X Cherie McCandless X Ron Anderson X Keith Bird L Mayor Robert Corrie Corrie: Okay, thank you. At this time I will turn the meeting over to Council President Bird. Bird: Thank you, Mayor. I believe you have all the agendas. Item No. 1 is discussion on sewer issues, and Sections 25, 26, 27, 34, 35 and 36 of township four north, range one west with J-U-B Engineers, and I believe -- Gary, did you want to present it? Okay. Please state your name. Item 1. Discussion on Sewer Issues and Sections 25, 26, 27, 34, 35 and 36 ofT4N, R1W with J-U-B Engineers. Schultz: My name is Matthew Schultz, 250 South Beechwood, J-U-B Engineers. Thank you for getting us on the agenda so early, apparently I'm a bit too quick for my partner. I respectfully request we get moved back, maybe to item six or so, until by partner gets here. Bird: Okay, Council we'll move Item 1 down to Item NOa 6. Item 2. Discussion of 1999/2000 Financial Year Audit. Bird: Janice, Item number 2 is discussion of the 1999/2000 audit. I believe we all have our audit books. So we can - J. Smith: Thank you, Mayor and CounciL I'm going to have Kevin Anderson come up, because he's going to have the answers. If not, I've also got my book with all sorts of notes, if you have any questions. So, I'm going to have Kevin Anderson come up. He's our auditor with Balukoff Lindstrom & Co. Meridian City Council Workshop February 1312001 Page 2 Bird: Does anybody have any questions for the auditor, regarding our audit. Mr. Mayor, do you have any? Mrs. McCandless? Mr. Anderson? Anderson: Not at this time, no. Bird: Mrs. De Weerd? Again, a very good audit. I believe what we need if you have any questions, we need to get this on next week's agenda to get this officially approved, right? Corrie: did we not do that last -- Bird: No, we did not officially approve it. And we need to do that so it can become public record, so people can come get copies, if they want. Corrie: Okay. Bird: Okay, Kevin, you have anything -- K. Anderson: I've got some more stuff- Bird: you bet. K. Anderson: - and it really doesn't relate to the last audit. It relates to this Gasby statement number 34 that's coming up - Bird: Good. K. Anderson: - so I've got a five- or six-page handout - I'll let Janice hand those out - that's as good as I have found. That document is fairly fixed. I don't know if you are interested, or not. I thought it would be some good reading, if you are interested about that. I've given a copy to Janice so she can look at it. Basically, I just want to address a little bit more about the questions of maybe cost and some of those things that it might take to implement that statement. First of all, it's not effective until fiscal year-end of 2003, for the City of Meridianw So, we still have a couple of years to worry about the implementation of it. It will require infrastructure reporting. For the City of Meridian, I went through and thought, myself, of what those things are. Feel lucky you're not Ada County Highway District, and have to worry about roads, bridges and all those kind of things. All that's the responsibility of the Ada County Highway District. Some of the things were lighting systems, which probably fall under the City of Meridian infrastructure. We have to go back to 19890 and basically, figure out the cost that we've spent since, 1980, or a reasonable estimate of that. We'll have to go back and see - I have to meet with Janice. I have not talked with her about this, either, so this is all new to her, tonight, too, as far as some of my thoughts are on this. I wasn't sure on sidewalks. Who is responsible for sidewalks? Is that Meridian City Council Workshop February 13,2001 Page 3 ACHD? Perfect. I think the only thing that we're going to have to worry about is the lighting systems. Everything else is pretty well in there. We have to provide for depreciation on the general fixed assets. Those in the sewer and water funds, are already being depreciated. But, we'll have to depreciate this building and the Police building, when it's constructed, and those kinds of things. I don't think that's going to be a difficult calculation. We already have the fixed asset system in place. We should be able to utilize that system, that software, to do what need to do. I don't see a lot of extra costs, as far as system upgrades. As far as the software itself, as Janice and I have talked a little bit, that system will probably be able to handle, with some modifications, we may have to do some custom programming to do some of the reports. But it should handle, and we shouldn't need a full system upgrade to handle that statement. I know that was a concern that Councilman Bird had raised at the meeting. So, I just wanted to get that out in front of the Council. I couple of things that we'll require, is there will be called a Management's Discussion and Analysis, or an MD&A, as it's called. In public... in the public arena, in those stocks that are traded publicly, like Albertson's and Micron, and all the things you see on TV, or whatever, or all the investments that you deal with, they do that will their filings with the FCC. The governmental accounting standards board thought that would be a good idea to have cities do that. So, Mayor Corrie, that's one of the things that you're going to get to worry about , is come up with a discussion and analysis. And we've got some examples, some of the bigger cities, like Portland, and Seattle and Boise, even, has some of that in there, that we can piggy-back off of and give you some ideas of what generally are put into something like thata So, it's going to require some time, but I don't know that the costs are going to be significant. So, I'm going to leave it at that, let you read that. Then, as we get into this further, next year, we can address more of those kinds of issues upcominga I will say, about the audit, as far as the accounting systems, there has been some tremendous progress in the two years. ..let's say from two years ago, some of the management letter comments, that we have recommended - those have been put into place. We've only had comments this that I felt needed to be mentioned. Those are really two things that we felt like needed to be mentioned this year, and that is significant improvement over the last couple of years. So kudos to the staff. I thought they have done a very good job in implementing those recommendations that we had. I leave it with that? Bird: Thank you, Kevin. Any questions for Kevin? Any questions for Janice? Thank you for coming, Kevin and thanks again for a good audit. Thank you Janice. J. Smith: Thank you Mayor and Council. Item 3: Discussion of Meridian Chamber of Commerce Lease Agreement. Bird: Discussion of the Meridian Chamber of Commerce lease agreement. Terry, is you or Jim or Bill? Who's going to be the spokesman. Meridian City Council Workshop February 1312001 Page 4 Johnson: I'm Jim Johnson. I might start just by giving you a brief history of what's brought about the necessity to amend the existing agreement, and to look at the lease agreement with the City that the Chamber has, regarding our facility. The Chamber of Commerce board appointed a facility study Committee, some months ago, which I chaired, to look at increasing our space in the Chamber building. We also looked at other alternatives, such as to lease back in a different building or constructing a different of our own, at a different location. And found that the only economically feasible thing we could do were to expand our expanding facility. The Board went along with that recommendation. Basically, we like where we are. The visibility is good. It's good for people trying to find us and it serves both functions that we do out of that facility. One of which is, of course, is the Visitor's Center and the other is the Chamber of Commerce Office, itself. We are totally dependent upon the City, and cooperation of the City, to realize fully that they hold all the trump cards, since we have a building on their property. In that regard we have met, several times, with the Parks and Recreation Director, Tom Kuntz, to keep him apprised of our plans and to get his agreement and to take his input on suggestions, in a cooperative effort to expand the facility. One of the things, that is a joint concern, is the fact that the existing restrooms are owned by the Cit. And they are probably not ADA compliant. So, in the effort to expand our facility, we thought it best that the City and the Chamber partnership with one another in a remodel of the facility which would include bringing the restrooms up to ADA compliant and expanding them - actually opening the access to those to the west. Now they open to the east. I understand that there is an expansion of Story Park plan in the works, and we feel that what we do in our facility would add to that expansion, and we want to work, of course, in conjunction with that. In that regard, we have a plan layout. We have some diagrams for you and some handouts. That if you have those now, Bill Driscol (sic) , you could give those to the City Council members and anyone else that's interested. We've explored our funding for the construction. We're looking at somewhere in the area of a hundred thousand-dollar project for the City, for the Chamber's portion, and somewhere in the area of sixty percent of those funds will have to be financed. The rest would be funds drawn from a building funds account and donated labor and material. Obviously, it would entail an amendment of the existing lease. Were we to go forward with this project, we have written a letter, the Chamber has written a letter to Tom Kuntz, summarizing our most recent discussion with him and a commitment for the city to fund the restroom remodel, which is in the area of fifty-eight thousand dollars. At this point, we are basically ready to proceed, as soon as construction is possible. At this time I will answer any questions, or Teri or Bill Driscol can answer any questions, regarding our remodel. Corrie: Jim, primarily you're going to be adding to the east conference room? Johnson: Right. Meridian City Council Workshop February 13.2001 Page 5 Corrie: Okay. Johnson: Basically, if you look at the diagram, we are going both ways. We would expand to the east and close the breezeway, in effect doubling the existing space - which is somewhere in the area of thirteen hundred and fifty square feet now. The expansion is necessary, we really have a need there. We have a staff of two and a half full time. There's no privacy. The remodel would incorporate a meeting room, which we do not have at this time. Bird: Jim, thirteen four out to the west for the toilets? We're adding that on? Pardon me? Bird: thirteen foot four out to the west for the toilets, for the restrooms? Johnson: Yes. Bird: any other questions? Johnson: When we get to the point of the lease, we certainly would have some concerns, and hope to have our input regarding conditions now, that are probably need to be clarified in our existing lease, with respect to the maintenance of the restrooms and that sort of thing. Bird: I would take it then you'd consider the restrooms, after the remodel, as being -- seeing now they're public, being City's responsibility, and not Chambers. Johnson: Yes, and they are now. Bird: They are City's now? Johnson: Right, yes, it is my understanding that they maintain the restrooms at this point. There's some question as to how the power bill's split, and that sort of thing, and that probably needs to be refined: that language. Bird: Why couldn't you have two meters? One for the restrooms and one for the Chamber? Johnson: Makes sense to me. Bird: that would be my way of having no questions. Johnson: I think the thing we're looking for is maybe some feeling of confidence that the City's on board and that those funds are available, so we can enter this joint project. Makes to sense to me and to the construction people we've talked to... we've talked to lots of different professionals, architects and contractors, that, Meridian City Council Workshop February 13,2001 Page 6 and tom Kuntz, I believe agrees, that having a single contractor would make sense, in terms of aesthetics and economy of scale. Bird: It should be a single project. De Weerd: Mr. President. This wasn't included in the Parks budget, for- Bird: Was or was not? De Weerd: It was not. It was not anticipated, or at the time we did the budget, it was not known what the design or the cost would be. I know our director is anticipating some money, perhaps, some money that won't be spent on another capital project. He's trying to work that out now. So, at this point, we don't have it in our budget, but we are trying to find money that we can designate towards this. Bird: How soon would you, Jim, how soon would you and Chamber be prepared to go out for bid? How far along are your plans? Johnson: Well, I think our plans are fairly refined and the estimates are itemized. They actually have been done on a bid basis, with an independent contractor, so it's not a guesstimate out of an estimate book. They are actual bids on the plumbing and the electrical and the drywall, etc. so, we have actually but it out to bid. Now that would have to brought current, because it's probably a couple months old. That's all it is, is a couple months old. Bird: Did you put the restrooms addition into this bid also? Johnson: I'm not sure on that, but I think Bill's... Bill's been following the construction end of it. Anderson: I didn't hear the question. Johnson: the question is whether or not - Bird: You just answered the question. I look on the last page - Johnson: - the restrooms - Bird: I found the - Johnson: - are included in the bid. Bird: Yes, they are. Okay. Anderson: I see that. Meridian City Council Workshop February 13,2001 Page 7 Johnson: I guess what the Chamber Board would want to know as soon as possible, is the commitment by the City and how strong they... Obviously we're going to have to get outside financing for our portion, either through a conventional or a non-conventional method, so... Bird: Maybe Tom -- can you -- you've talked to the Chamber Board, regarding the restroom addition there. Do you have any idea how you can get it out of your budget? Gi: Council Member Bird, Mayor and Council, according t50 the last auditors reports we received, there is approximately $63,000 that was budgeted as carryover item, which is not having to spent this year, because we actually spent it out of last year's budget. So that would be one possible option. Bird: Any other questions? Johnson: So I assume then, the fifty-eight thousand plus, you could probably come up with. Right? Gi: We could, if that was the Council's wish. I didn't hear the conversation before I arrived. I thing the only -- one of the issues, I guess, that relates to the existing lease, is the old lease reads that the Chamber was responsible for the walls and the roof. Has that already been discussed? Johnson: Yes, and we were going to talk about a new lease addendum. Bird: What we talked about, Tom, that it would naturally require a rewrite of the lease, at which time those points could be covered. Since you are here now, and you are in receipt of the letter that the Chamber sent, regard the costs and summarizing the discussion, did you have any questions about that letter or comments? Gi: No. The only other thing on rewriting the lease, I would want to make sure, that if that building were ever to be sold, that we did not lose ownership, for lack of a better term, of those restroom facilities. Johnson: Yes, and I think that could be written into the lease. How the disposal of that building would take place, eventually, which I'm sitting and where you sit, I'd want first right of refusal. Gi: It's already in there. Bird: Yes, it is. Gi: Mr. Mayor and Members of Council, one thing to remember, that in terms of any sale of the building, you still control the land under the building. So, you can ( Meridian City Council Workshop February 13,2001 Page 8 -- I'll have to see if it's an assign-able lease... if it's not assign-able, then the new buyer has to negotiate terms - I mean it's not like...1 don't know who would buy it? Even a nice new building, I not sure what it would be suitable for, unless it's new Parks Department offices. But as far as a sale to some other third party, you'd have some control over what the lease amount was going to be for the ground rent. De Weerd: Mr. President, it was discussed at the Parks and Recreation Commission last night. They view the Chamber as an important partner with the City and the Parks Department and would like to see that we come to an agreement with this. I know our director is willing to sit down and try to revise the lease and I think he feels comfortable that he's found some funds that can be dedicated towards it. We do value our partnership with the Chamber, and want to get this resolved as much as you do. Johnson: I appreciate those comments because we do have common goals and mutual benefits, from our separate endeavors. That's for sure. What can we expect in the way of a timetable, to take the next step? Bird: On the lease? Re-doing the lease? Johnson: Re-doing the lease and getting a financial commitment. Gi: Mr. Mayor and Members of Council, I don't know what the issues are that need to be address. So, I don't know if we're talking about substantial negotiation or if we're just simply talking about trying to make the language fit the intent. If the negotiation's already been done, then it should be, maybe a week and a half, or so to get it all scribbened (sic) in the right terms, if we have to sit down and talk about the specifics and go back and forth. That could take considerably longer. Johnson: I appreciate those comments and I can speak for the Chamber that we are readily available to talk to you about any aspect of the lease or our plan and to answer any other questions that might come up after this meeting. Kuntz: Mayor and council, I will just get a hold of Mr. Driscol and Jim and we will set up a time to sit down. I know that Joe Borten is also involved with this project. We can get our attorney involved and sit down and work that think over. I just don't see any major obstacles to make this work for everyone. Bird: What about the financial commitment? You've found it in your budget? Kuntz: Well, I've identified it in my budget. I'll need to, of course, bring it back to the Council to see if I have the support, but I'm certainly willing to do that, possibly as early as the last meeting of this month, which is a non-land use ( Meridian City Council Workshop February 1312001 Page 9 meeting and that would probably be the appropriate place. If not, then the first meeting in March, or so. What it the time table from the Chamber, Jim? Johnson: Well, actually, we're ready to go. We're waiting for approval. They have to put their financing in place, which will probably be done by the end of the month. Then, weather permitting, begin construction in March. Anderson: Mr. President. I'm not sure that the money, that Tom is talking about, I'm not sure when he's talking about carry-over, if that's actually money we have available. But I'm like Tami, I feel like the Chamber is an important representative of the City of Meridian. Whether that money's in Tom's budget or not, I personally make a commitment that we support it financially - Bird: Sure. Anderson: - and we'll find the funds from wherever, to make that happen. Bird: I think - Johnson: Thank you very much for your time. Bird: - we'll get this done, Jim, and get these guys going. There's no reason we can't pass our part by the end of the month. Johnson: Thank you Keith. Bird: Thank you. Johnson: Thanks, Chamber. De Weerd: Thanks, Tom. Item 4: Discussion of Resolution for Meridian Development Committee. Bird: Discussion of Resolution for Meridian Development Committee. Mr. Nichols. Nichols: Mr. President, Mayor and Member of the Council, at a prior meeting you had directed me to come up with a draft resolution, that would establish the Meridian Development as an Urban Renewal agency...creating an Urban Renewal agency. In order to do that, you have to designate an Urban Renewal area, which is defined in the statute as an area which is deteriorated or deteriorating. So the reason this is on here is, I've done the resolution. The one thing I couldn't do for you, is that I couldn't what part of town you want to designate as a deteriorated or deteriorating area. I suppose I could pick the creamery, but it's not my job to pick what that area is. So, it's before you. You Meridian City Council Workshop February 13,2001 Page 10 need to designate what that area is, or designate the process so you can determine what that area is, so you can move this process forward. Bird: Council, any suggestions, questions? Corrie: I would suggest we determine the process we want to use first - Bird: That's right. Corrie: - and then, if we get that, we can figure the area. I think, pretty much, we know the area we're thinking about. What is the process to do this? Nichols: Mr. Mayor, there aren't any statutory requirements with the regard to the process. It's just what ever you would feel comfortable with in order to make this factual determination. So, if it's a matter of having a citizen's committee, that's already out there, come in and make a presentation to the council, with regard to what they feel is an appropriate area. And you take that information and add to it or take away from it, as it's your right to do. De Weerd: Mr. President, now that area that they would identify, wouldn't necessarily be the are that they would specifically designate. They could still, as long as it's in the designated area. I think that, we have the committee chairman right here, and they're meeting tomorrow morning, so perhaps Mr. Johnson can - Johnson: Yes, I think Tammy is correct. We researched that the area designated doesn't have to necessarily be your area of primary or initial development. It can be within that area but it doesn't' have to encompass that entire area. And the specific hasn't been decided yet. However, in general terms, we're talking about two and a half street east and fourth street west and Fairview to Franklin. But that area can be contested. However, that's the area that's most obviously qualifies for the deteriorating criteria, set forth by the Urban Renewal Act. So, it would be within those boundaries. It can be somewhat narrowed, but probably the feeling of our committee, is we wouldn't want it much smaller than that, initially. Bird: I thought it was Fourth to Fourth, Franklin to Fairview. Johnson: I could go to Fourth. That would give us more industrial ground, probably. But our committee meets tomorrow morning and we can certainly put that on the agenda and come back to you with our feeling, our suggestion with what area should be. Bird: okay. Johnson: If you want us to do that, we'll do that. Meridian City Council Workshop February 131 2001 Page 11 Bird: That would be -- Council, that what you'd like? Anderson: Yes, I'd like to see the area, or have them define the area for us. So we know what that is. Bird: Sure. Johnson: We'll handle that in the morning, thank you very much. See you at the meeting. Bird: Okay. Any more questions on the Resolution? If not, we'll go one. Mr. Berg? Berg: Thank you, Mr. President. Just a clarification, they will be getting us their suggestion, and we will put it in the Resolution and put it on the agenda. Is that what we want? I'm just trying to make sure I tie up what to do with the Resolution. Nichols: Mr. President, Mayor and Members of the Council, Mr. Berg, I would suggest that they simply submit their suggestion in writing. This is a non-land use matter. It could be taken up next week or on the fourth - meeting. But the Council could then take that suggestion and have discussion and set the area. And then we would simply have a map that would be attached to the Resolution. Berg: Any other questions? Will, will you see that Jim and the others know to get it in writing to us? De Weerd: By the twenty-seventh, then. Bird: Well, yes, before the twenty-seventh. Let's have a chance to look at it. De Weerd: Well, that's when we'll schedule it, right? Bird: Any more discussion regarding the Resolution? If not, we'll go to Item number five. Item 5: Discussion of Amended Ordinance #852 for Water/Sewer Connection outside City Limits Bird: This is the Discussion of Amended Ordinance #852 for Water/Sewer Connection outside City Limits. Who would like to do this? Gary or Mr. Nichols. Nichols: Mr. President, I can do that. We would word this a little differently, but I wouldn't call it.. .I'd do another draft here. It wouldn't be and amended Ordinance No. 852, it would be Ordinance amending Ordinance No. 852. You would recall Meridian City Council Workshop February 13. 2001 Page 12 Council directed Gary and I to look and see if we couldn't come up with a new process where some of these hookups, that are outside the City Limits, or maybe they're contiguous and eligible for annexation, but they're the small mom and pop. Water and sewer is right there, but they've had a problem, the septic tank has failed and they've come in and requested the Council approve those things, because right now, that's what the Ordinance says has to happen. You asked that we find a way, so the Public Works Director can look at these and approve them. If you'll look at page two, item I, and then also item nine. What I've done is added to the existing Ordinance. That's why I said I'd do a little different draft - added to the existing Ordinance here, a provision that says, If somebody requests this connection, they've jumped through all the hoops, and they've put it in front of the Public Works Director. If it involves a residence or a multi-family residence, that doesn't exceed four living units; and if water is available, readily available; in other words, you don't have to bring it from anywhere, it's right there; then if the Public works director, if he deems it in the best interest of the City, could do so. The other things that still apply here, would apply, such as consent to annexation, water user agreement, all those things would still apply, it's just they wouldn't come in front of you for approval. The same thing is for the sewer. If it's right there, doesn't need extension, it's for a residence or a multi-family not exceeding four residential units, then Gary could go ahead and give the approval. We'd get the paper work done, but it wouldn't take up Council time on these things that are usually approved. So, that's the way we've done it. We've just simply made a special provision for those limited circumstances. Most of the time, we are talking about one residential unit, but we did have that one multi- family out south of town. Bird: Council have any questions? If not, with your permission, Mr. Mayor, we can get this on the agenda for -- and get it passed and get it going. Corrie: Put it on the twentieth. It's their meeting for -- Nichols: Mr. Mayor, remember, that the third meeting can cover everything, including land use. It doesn't just have to be land use. I would suggest that you put it on the twenty-seventh. I can see just a couple of form changes I want to make here, and change this - Corrie: So, we can also do land use issues on the twenty-seventh? Nichols: Well, this is not a land use issue, because it isn't specific to anyone application. Bird: This is an ordinance -- Corrie: Okay, the twenty-seventh would be fine with me. Meridian City Council Workshop February 13, 2001 Page 13 ( Bird: Okay, Mayor, thank you. Okay, we'll go back to Item number one, now. Is your partner here? Discussion of the sewer issues? Item 1: Discussion of Sewer Issues Schultz: Good evening, Mayor and Council, Matf Schultz, 250 South Beechwood. Thanks for bearing with us. I'd like to start off with handing out some exhibits and things, if you will. McCall: Mr. Mayor and Members of Council, my name is Brian McCall. Although I'm not appropriately dressed, I am a lawyer. And it's part of a lawyer's job to prepare and brief and argue to courts on occasion. Inevitably they come to these hearings, with either their remarks fully written out or they have a few points highlighted. Because of the need to make eye-to-eye contact and be more personable in their presentation, they always depart from those remarks. When I sit down, I always figure I forgot to say this and I forgot to say that. The only reason for that introduction was that about twenty after six tonight, by way of apologizing for not being here in time, I got out of a meeting with a client. And was ready to go and have a cocktail, when I thought, oh, my gosh, I'm supposed to be down here. So I have not made any preparation. So, with your indulgence, I grabbed the file, in which I represent some developers. And some developers, over the course of the years, have brought a particular issue to me that have always been a bit of a quandary. And we thought, because of the area in question that is so significant in size, that it would be helpful to have a kind of a workshop or a discussion here before the Council. So without the benefit of a teleprompter, I would proceed as follows: When a developer owns or controls land, that's within the City impact area, there is always a choice, whether to pursue the development of that property, in the County or to come to the City and seek annexation. Or in some cases, as we have in Vienna Woods, and perhaps we have in an area that was addressed by the previous Resolution. Go ahead and develop the property in the County but seek from the City, city services. And that decision to develop the property in the county, develop their own sewer and water plant, or to develop it, as I would say, Intra-city, even though they may not yet be annexed by the City, is the issue that we wanted to get on the table for your questions, observations and comments. The facts in this case...we're talking about the area of developable of property that consists of approximately of six square miles. A huge area that is bounded on the north by Chinden, on the south by Ustick on the east by Locust Grove and the west on Ten Mile. This is, for the most part, with a few exceptions outside the City of Meridian current boundary, but is, of course within the City's impact area and is within the City's urban city planning area. For discussion purposes, I like to think of that six miles square area as the northern and the southern portion. As you know, the Public Works Depart, under its master sewer plan, has planned for two main trunk lines. The one in the south is the White Drain Trunk line and the one in the north is the North Slough. Now, the distinction between those two trunk lines is that the one in the south, the Public Works Department has already made a commitment to ( Meridian City Council Workshop February 13,2001 Page 14 build on city funds. The trunk line, as best I know, there's been no commitment for the City to fund that. Despite the City's commitment to build the White Drain Line, ironically, it's progress has been hindered by the inability of the City to procure sewer easements from developers, who are first in line and who seek to gain advantage, perhaps, over downstream developers. I can represent to this Council, that with respect to that northern trunk line, which will be built out, presumably by the marketplace encouraging developers to extend it, that there are commitments between developers in this community to pay for the extension all the way up Ten Mile and commitments in place to bring that trunk line all the way to Locust Grove. Nichols: Mr. McCall. This is a non-site specific discussion, as the way it was presented to the Council. And if this information is intended, in any way, to impact any pending applications that are in front of the City, I would ask you to tailor your comments away from anything that pertains to a pending application, or we have a horrible exparte communication problem. McCall: Okay, I will happy to do so, Mr. Nichols. Nichols: So when you start referencing commitments that developers may be willing to do, if there are any pending applications, and technically the Keltic Heights Matter is still a pending application, because those Findings of Facts have not been approved by this Council. That topic, that information, was raised in a Public Hearing by Mr. Johnson. I would urge you to steer clear of site- specific issues, or I'm going to have to jump in again and it's going to be done. McCall: Appreciate it. And for the record, would you strike my last comments, there. I can tell the Council that there are no pending applications, certainly of the developers who asked me to speak to you tonight. I was not aware, if that's the name of it, I sure was aware that it was Greg Johnson's proposed development further on down the line, but I wasn't referring to that. That having been said, I'll make the rest of my comments as site non-specific. Bird: Mr. McCall, are you representing J-U-B? McCall: No. I do not. My clients include a gentleman, called Marty Goldsmith, who's a lot of development in this community. It was in his instance that this area came up. If you have property, or intend to have property in the impact area, which way do you want to go? Which way makes sense for both the developer and the City Council? We have no pending application for any development in this area before the Council. And that is sort of the issue as to whether it makes sense for the City to have some of these developments come in with the idea that they will ultimately be part of the City, because they are within the impact area. Or whether it makes sense for the City to have the jurisdiction that has control of them, the county, to pass on them exclusively, without regard to City standards, and without City utilities. This is a real problem for the development ( Meridian City Council Workshop February 13,2001 Page 15 community. I understand Council's sensitivity to pending matters, but I think if this is not discussed openly, and this of course, is a Public Hearing - Bird: This is not a Public Hearing. That's what I'm trying to get at. McCall: No. I did not mean a Public Hearing in the sense that we are seeking public input on an application. But this meeting, I presume, fully complies with the open meeting laws, does it not council? So, it's not something that Mrs. De Weerd and I or Mr. Corrie and I are talking about in some restaurant downtown, it is something, that we from a workshop perspective, felt that it would be helpful. Bird: It was represented to us that this was going to be a discussion with J-U-B Engineers. McCall: We had asked J-U-B Engineers to place it on the agenda. Mr. Bird, does that make a significant difference to you? Bird: Well, yes. If you're, and it's like the Council said, we've already had before us, and the Findings of Facts and Conclusions of Law have not been finalized. We've got an area out there that was brought forward to us and I don't want to get ourselves into some legal problem. Anderson: I guess I was misled in what was being presented at the workshop tonight. I was under the impression at our last Council meeting, because we had heard that there are some problems with the development of the White Trunk line and there are some holdups there. And what I was expecting at this workshop was a briefing from our Public Works Director, telling us what some of those holdups were and how long we anticipate it and what types of things we need to do to move that along. I was not anticipating going into some kind of a sales pitch about why we ought to build the North Trunk line or allow someone else to build it first. So, I was misled in what we were doing at this workshop. Schultz: I apologize. There was no intention to mislead any Council members about this. This presentation has evolved over the last couple of weeks. My intent, from J-U-B's perspective, was to make sure all the Council members were aware of the overall big picture in this area and some of the constraints that. affect developers that walk in our door and ask us which way to proceed with development. I understand some of the constraints that go along with the public meetings and so forth. Item number five, before us, is very similar to the question that is being brought up by us. How do we, and maybe you can't respond to us, given there is an item that still needs to be resolved from last week, but how could we possibly proceed or find a vehicle to allow development outside of contiguous parcels? And given the fact that there are players out there that are holding annexation paths, that are in the City's impact area, that want to develop now and we're looking to do it in the City's best interest. Now, I apologize for the time may not be the best. Maybe the best thing would be to Meridian City Council Workshop February 13, 2001 Page 16 table this item or reschedule for a couple of weeks, so we don't run any risks of conflicts. I'm just asking for some direction and assistance. Bird: Matt, there's other developers out there. I'm like Ron, I thought we were going to discuss what the holdup was, where was that, when are we going to get on the North Trunk Line? And it was my understanding that we were coming in with J-U-B who has done the preliminary sewering for the whole impact area. And you're in here being represented by one developer, and we've got another development in the same area - butts up to this development - Schultz: Tell you the truth, I'll probably have two or three more developers here - Bird: I agree with you, I agree with you. But I think we're sticking our necks out. Schultz: I understand. If you may, can I go through a real brief sewer presentation? Bird: I have no problem. I thought that's what we thought we were getting. Schultz: Okay. If you look at the green area, that is the White Drain. Which, as you're aware, the area between Ten Mile and Linder, right now, is a key area. Once that gets...l understand there is an application in. Once they build that through there, that White Drain will be able to be extended up past, I believe up to Meridian, at least. I'm not sure how much is funded. That would free that up. If an application did come in, I wanted to make it known that there is a Master Plan facility for the North Slough that would work. I'll leave it at that. There is a way for the City to sewer the Meridian treatment facility - politics aside. I'll leave it with that, and I appreciate your time. Bird: let me ask you a question. Two years ago, Mr. Anderson and I were on the Council when you gave the presentation - you affirmed it. You put a certain amount - what kinds of increase in cost for that sewer would you project are now-three, five, ten, fifteen? - Schultz: You talking about the White Drain? Bird: - From two or three years ago. No, from the North. What kind of an increase, over the last three or four years, has sewers come up in cost to put in the ground. Schultz: Well, you have the standard cost of inflation, three, four, five percent a year, as it goes up. As far as the North Slough, that would be a developer-driven project, as far as the cost to the City. Bird: It's still a cost. Meridian City Council Workshop February 13, 2001 Page 17 Schultz: There is a cost, for the treatment facility. Bird: There would be a cost. Schultz: It would be a developer-driven project. Bird: To a point. Schultz: To a point. I appreciate your time and I apologize for any misunderstandings. Bird: Thank you, Matt. Nichols: Mr. President, Mayor and Members of Council, Mr. McCall and Mr. Schultz. Part of the reason that these things are so difficult for the Council, in terms of some of these issues that deal with extension of the water and sewer outside the City Limits, is a direct result of the problems that are going on right now in the Legislature. This is in regard to annexation issues. Once...1 mean that's what the City of Boise has proven to us. Once the water and sewer are there, even if the residents or their predecessors in interest, had signed agreements saying that they agreed to be annexed when contiguous, and even if there were non-remonstrance type provisions in those agreements, they still scream like a stuck pig when the annexations occur. This has caused one problem in one county to ripple completely throughout the state, with regard to annexation issues. So, when you're looking at development inside the area of impact, that is non-contiguous to the City Limits, one of the things this Council has to look at is, we extend the sewer and water out there and we may never get them in. Who's going to vote to increase their taxes? If the Tillman Bill passes and becomes law, I don't know what the City's going to do. It's going to be a real interesting discussion. We're going to look like Spokane. There's going to be very small City Limits. And there's going to be a lot of little sewer districts and everything else around, because nobody going to want to come into the City. McCall: The problem that I have that the development community has, is that ultimately this land, because it is in the City's impact area, will be annexed sooner or later. I mean, almost all of annexed property, has particularly6 in a growing community. So that, if the developer intends to develop it right now, how much sense does it make for the developer to develop it within the County, totally oblivious to the City's long-term master trunk plan? Or totally oblivious to what is typically more sensible City standards? That's the issue. When you go to develop subdivision, with smaller lots and without the park requirements, and those developments, I think, can and will take place. Does that really makes sense for the City, when they know the geographical area is within the impact area and someday is going to be annexed. Corrie: That mayor may not be true. ( Meridian City Council Workshop February 13, 2001 Page 18 McCall: With the ultimate annexation, yes. Schultz: That's our point. If the law remains the way it is today, then yes, that's something you can say. When you're contiguous, you get brought in...kicking an screaming, or gladly. Whichever way it is. But if the law changes, where there are other impositions upon the ability to plan, and all these things, then it may not be. You may never have any expansion of your City boundaries. McCall: So, if the general populace, and Tillman Bill goes through, and they all vote, or there's legislation that prohibits municipalities from doing the annexation, because people are doing the voting otherwise, how does that still really impact the City, other than not having the tax base if the utilization of City utilities has been paid for? It's been my understanding that in Vienna Woods or wherever, the City still gets the hookup fees. Nichols: Well, there are other aspects to it, too. The questions is...essentially right now, without the annexation issue in the Legislature, the City sewer and water is the carrot at the end of the stick, which brings the developer to the table with the some things which they might not otherwise brings. I'm saying might. Some do, some don't. But you take away that deal, and I don't know what incentive there is to extend those sewer and water services out there. I guess part of my reason for the pitch, Mr. McCall, is that the development community needs to recognize the threat to them from this annexation issue. This is my own personal opinion. I'm not speaking for the Council. But I believe it's a threat to what they're about. If there needs to be some - McCall: Are you referring to the vote require - Nichols: - the Tillman Bill, specifically. What if the County does not improve urban densities inside the area of impact? McCall: They deny the applications. Nichols: They deny the applications and then, you know...so I think...and then we've got a deal where we can't extend the sewer and water outside the City Limits because it's not contiguous. There are all sorts of problems with this thing. Up until now, we were trying to get along and get things done. So, I simply raise those issues for you. McCall: Right. And those are great comments, and that was what we had hoped from the meeting. But the flip side is...1 mean there's no question, that from the developers perspective, if the development is going to be outside of the County, there are economic advantages to doing so-you know, to pay for a lot of this offsite work. And you get looser standards, so why wouldn't the developers just do that? Why are we down here on our hands and knees, always saying annex Meridian City Council Workshop February 13, 2001 Page 19 us in? I think that one of the reasons is that we see that this is going to be the City. So let's, you know, if you own the land today and you're helping develop it today, let's do it with the~ idea that, ultimately, it's going to be in the City. So let's follow the City's standards and let's see if there isn't a way to attain City services at no cost to the City. Nichols: Just one other thing, and it comes back to Council President Bird's comments, I don't know if Gary and Bruce and Brad are prepared to discuss the issue of what the problem is with the White Truck and where we are and what's its going to take. Maybe we need to talk about some of those issues, and that would assist in your decision-making. Bird: Gary, would you like to give us a brief rundown? Smith: Sure. Council President, Mayor and Council, the status of the White Drain project, as of today, is as follows: the easements have been obtained for the easterly one-mile section of the sewer line, which is the section from Meridian Road east to Locust Grove. The middle mile, we'll call it, from Meridian Road to Linder Road, all property owners have been contacted for that length of line. One of those property owners has a proposal in now, to the City, for a subdivision and it appears those, that the alignment that is being proposed can work through that proposed subdivision. The other property owners from Meridian [Road] west to Linder [Road] have not expressed a concern with granting of easements. I think there are three other property owners that would comprise that total one mile length. The westerly mile from Linder to Ten Mile Road, is primarily owned or under option by Mr. Sews. He has a complete application into Planning and Zoning Department for annexation and zoning Preliminary Plat and Conditional Use Permit. I believe that is schedule for hearing before Planning and Zoning on March 15, 2001, so approximately one month from now. I haven't spoken to Mr. Bews concerning the acquisition of easements, but I would assume, and I feel strongly that they would be available after that project goes through the hearing process. It's at a preliminary stage. I don't know whether that would mean the Planning and Zoning recommendation or if it would wait until City Council approval, if the Council approves the projects, after Planning and Zoning's recommendation s and the findings are written. I think that the major problem, with that length of sewer line, was to get an alignment that would meet the expectations of the developer for the development of his property. At this point, that plan has been submitted and is ready to be scrutinized by all the agencies involved and the public. Once those easements are obtained, then we are looking at three to four months to complete the design plans, from that point. Anderson: You indicated that you haven't even asked him or talked to him yet about the easements? I mean, I think that would have been something that would have been up front. Meridian City Council Workshop February 13,2001 Page 20 (' Smith: Sure, we've been talking easements all along, but he hasn't been willing to be specific about where the easements would be until his plan was completed. And that has been done, now. Anderson: So, what I'm hearing, we have one developer that kind of holding up the whole rest of this plan for this White Trunk line, is that the case? Smith: Yes, sir, has been. Anderson: So, what about moving forward with condemnation to get it across there? Smith: We can do that. Bird: It's not a pretty picture. Smith: It's not. I don't know all the details of condemnation, Councilman Anderson. I know that it's because we are a municipality we can proceed in that direction. Mr. Nichols may have some background on it. We're going to end up paying for the easements, which is an appraised value of the property, I believe, of the land. I don't know any of the other... Anderson: I just think that, given the high priority that the Council has placed on trying to get that line constructed as soon as possible, to let one developer hold that up as long as he has, we need to be more forceful or push that issue a little more with him. It almost sounds like he's holding us hostage to get approval on his project. Bird: Any other questions? Smith: Mr. President. May I ask the City Attorney, does that condemnation process require a formal action by the Council? Nichols: Council and Mr. Smith, I believe that there has to be specific authorization by the Council to condemn any property and to go forward with it, before we get to that stage. There are a number of hoops to go through; not the least of which is you have to have the area you want to take identified. You have to have specific identification of the easement you want to condemn, the temporary construction easement, and so forth, so we can tell the property owner this is what we want to obtain. And if they're not willing to give it and the City deems it necessary to condemn it, then that's what we're going after. Then the City can proceed to take it and begin construction. That's the easy part. The hard part is the lawsuit and the battle of the appraisers and all of that, with regard to how much has to be paid in compensation. Meridian City Council Workshop February 13, 2001 Page 21 De Weerd: I assumed from you said, that the holdup was the design. Now that it's designed, is there a problem, that we are talking along these lines? Smith: Not that I know of. I haven't talked to Mr. Bews since this application was completed, which was only last week, I believe. It was finally submitted. So I haven't... a portion of it had been submitted previously to that, but Shari Stiles had not processed the application until the complete property had been included in the annexation and the platting process. De Weerd: And that design took into account that easements would be needed and -- for the design of this trunk. So, let's not be hasty and talking a negative thing, until we meet with the developer and try and obtain those easements and get that trunk line going. I think that's always been their intent. Smith: Yes. I haven't heard anything contrary to that. I know this process for laying out the property has been a long and drawn out process. Not being involved in that line of work, I don't know how difficult it is. I assume there are a lot of difficulties in it. It's a very large parcel of ground and there is more than one person involved in the ownership. De Weerd: Gary, would it be possible to get an update on this on February 27th? Smith: Certainly. De Weerd: You can have a conversation with the developer and see where we're at, at that point? Smith: Absolutely. De Weerd: Okay. Smith: thank you. Bird: Any other questions, Council? Would anybody in the public, like to talk? Becky? Beauquet: Becky Beauquet. Mr. Sews is in Phoenix at this time. He buzzes back and forth throughout the winter. I'd like to speak on his behalf. I believe he sent a letter to the City last year, that our intention was to submit application for development sometime in the month of September, October, late fall. We were running about ninety days behind schedule. We submitted application the fifteenth of January. It's a large parcel. I can't go into the details, as your attorney has stated, since it is an application that will come before you. It's been complicated. We are spli.t between multiple irrigation districts. Because of its sheer size, have taken the opportunity to meet with ACHD and your staff, on multiple occasions, not just one pre-application conference. We have not been Meridian City Council Workshop February 13,2001 Page 22 intentionally dragging our feet, holding the City hostage. We have always said you have our utmost cooperation. To prove the fact, Mr. Bews designed the first leg of that trunk, through his mini-storage property, from the treatment plant, a thirty-six inch. Paid to have that installed, that has been constructed. I believe he paid Briggs Engineering to design the trunk line on up north on Ten Mile Road. Our intent was to always make sure that the agencies, that govern us, make sure they were happy with what we were bringing before them. We are confident that our alignment is what we can work with. We worked with your staff to make sure that we stayed on track as far as our street alignment, where you wanted that trunk to exit to the east, so you didn't lose any depth. We are starting our tech review here, within the next few weeks with Ada County Highway District. Your staff is reviewing our applications. We will be coming up for a hearing on the fifteenth. So, we've been, I think very cooperative. I don't think there's any reason the City should think they're being held hostage, that they need to condemn this. We're doing what we can. We even gave your staff our alignment on disk so they have that information. I spoke with Mr. Smith about that, if they were going to begin their design. He indicated that they would prefer to wait, in the event that ACHS changed something in the street alignment, then they would have to redesign. Do you have any questions that I could possibly. . . ? Bird: Any questions? Thank you, Becky. Any other questions, regarding this? It not, we'll move on. Kent? Okay. Brown: Kent Brown. I just wondered how the White Trunk became the first priority. As I understand, White Trunk, then the South Slough, then the Five Mile. Is that correct? And do we have a priority on the North Slough? And I'm just curious, from my dealings with other cities, you kind of promote growth in certain parts ot your city by where you're going to put sewers. So it you're promoting this in the White Trunk, is this where you want the City to grow? And then the South Slough and then the Five Mile? Is that how you pick those? How did you get a priority for those? Bird: I guess the priority, Kent, to me and Mr. Anderson, and Mayor Corrie, and Shari...Tami wasn't on at that point, but when we had J-U-B come in, we made these priorities, and we felt that by good growth, you start at your existing limits and go north. Okay? The White naturally, takes in the area first and then the area north above that. And that's the way we set our priorities. It wasn't cut in stone, that that was the...you know, that to annex you have to be contiguous and or at least we feel you should. Brown: Well, then using that as the rule-at-thumb, it seems like to me that your South Slough would be your first priority - Bird: South Slough was first. It's been going on and we've been doing stuff on it. In fact, we're doing some stuff right now on it. ( Meridian City Council Workshop February 13,2001 Page 23 Brown: But the top priority has been the White, though, has it not? Corrie: South Slough - Bird: South Slough - Smith: South Slough and the White are getting the same priority. The North Slough does not have a priority at this point. We want to develop out from the City Limits...and there's a lot more to building a city, than just extending water and sewer lines. Brown: Right. Smith: There's public safety concerns, there's parks, there's following your Comprehensive Plan. So, it's not, in my mind, just where a developer wants to put a water or sewer line. Brown: Correct. You know the example that I've seen, is that the easy growth for Boise City was out by their sewer treatment plant, in the west bench. So they required the developers to do all the extensions there. They wanted to grow down where Triangle Dairy was, so they promoted and they installed sewers, like what you're doing with the White Trunk and the South Slough. And those are the areas that you are, then, promoting growth. So, what I'm trying to get a feel for is your priority is the South Slough and the White Trunk, then this is the part of town you want to grow first, is that... ? Corrie: We want to grow from the center of the City out. We don't want to jump out and then fill in voids in between and I don't think there's any flaw in that line of thinking. Brown: Well, okay, I'm' over on Eagle Road and the City Limits are there. So if I go east to Boise, is that growing out from the center of town, then? Corrie: If you were contiguous, that would be a natural expansion out that direction. Bird: Sure. Brown: Okay. Corrie: You can always find little areas that are exceptions and I'm not going to split hairs with you. But that is what the City Council's general philosophy is. Brown: So from the City Limits, just moving out on all sides of the City, then? Meridian City Council Workshop February 1312001 Page 24 Bird: As growth demands. It's just like, you stated Boise, down there at the dairy, they did that before they went to Columbia Village, right? Brown: Right. And what they did, in their Comprehensive Plan, they put the incentives in. We'll help development, because we want to grow in this part of town, which kind of squared it up. So, as a part of this discussion about sewer, and in the north part of town, it seems like, the way I see it, you're trying to promote growth, not south by the freeway, even though you don't have a priority on the Black Cat Trunk or any of those sewer lines. You do have a priority on the Five Mile, which takes it south of town, but it seems like to me, that the way people commute, they are all trying to get to the freeway. So, here, we're going to put more people on the north part of town, and then they have to somehow get through the bottlenecks that the State transportation department hinders us with our entrances onto the freeway. Yes, you would be growing out further if the North Slough was built further sooner, but people could get onto Chinden, and they could commute east and west in the Valley and get to Eagle Road with impacting as much as what closer in will do. Corrie: I've been on Chinden Road at eight o'clock in the morning and that's no freeway express going into Boise, believe me. Bird: And the White Trunk area, for the people, is going to be... they're going to go to Chinden. The future plan of Ustick is a five-lane road, from Caldwell to Boise. Brown: Yes it is. Bird: And how soon that comes about, we can all guess. I probably won't see it in my lifetime, but...I'm serious. Thank you. Any other questions? Anybody from the public? This is a workshop. Okay. Thank you all for participating. I would entertain a five-minute recess, if Council would approve. Mayor? Corrie: Yes that's fine. Five minute recess (Reconvened at 8:00 p.m.) Item 6: Discussion of Parking Regulations Ordinance. Bird: Okay, Council and Mr. Mayor, we'll start the workshop again. Discussion of the Parking Regulations Ordinance. Mr. Nichols. Nichols: President Bird, Mayor and Member of the Council, Larry Moore, in our office, drafted this proposed resolution. I think it was requested by the Police Department so there could be volunteer parking enforcement officers to help with Meridian City Council Workshop February 13,2001 Page 25 some of the parking issues - disability parking spots and that sort of thing. I'll let Chief Gordon explain his thoughts on this. Bird: Thank you. Chief? Gordon: Mr. Mayor and Members of Council, before I get started, for those of you who don't know, Officer Crystal passed away last night. Bird: I thought you said he was doing real good? Last time I talked to you, of course, was a month or two ago. That's too bad. Gordon: There will be arrangements made and memos. I'll see that everybody gets notification on those. Bird: thank you. Gordon: What this Ordinance does or what started this was, our Citizens on Patrol. We changed the categories of them and some of them are reserve officers with specific training. The rest of them wanted to do just a little bit more. I've had some calls from citizens that want us to come out and write parking tickets or enforce the handicap spots in all the shopping centers. As we're getting more and more of these, it's becoming tougher and tougher for us to enforce. We have in the past, there was a gentleman, when I got here, that was authorized to go around and take care of the handicap spots. I forget what his name was, but he has passed away. What this Ordinance does, is allow me to use the Citizens on Patrol, after training to do specific parking items and issues that we can't get to. That's all it is. They will all receive extensive training and we will make sure they understand just what they're allowed to do. That's what this is and it was requested by the Citizens Patrol people. Bird: Any questions, Council, of the Chief? Anderson: Not a question, just a comment. You indicated that they would receive training. I for one, am concerned about having more people have the ability out there to write tickets, because the more people that you have out there writing tickets, the more chance you have for abuse. I talked to you, 1 guess, a couple of years ago. I was one of the lucky recipients of a parking ticket in a subdivision. I guess I didn't particularly care for the tactics that were used, because, as a citizen, I didn't know that I was in violation of a City Ordinance. I guess the procedure that was used in my case, was that I was home. I had my camper that I had brought home. 1 was loading it for the weekend, getting ready to go camping. Had been inside loading the camper, working on it went in the house to eat dinner. And when I came back out I found a parking ticket taped to the front of the trailer, instead of coming up to the door and informing me that I was in violation of a City Ordinance and giving me an opportunity to correct that. 1 think parking tickets can really make the citizens made and alienate a lot of Meridian City Council Workshop February 13) 2001 Page 26 people and give them a bad taste of what interaction they've had of the Police Department. And this was one of your regular officers. So, I guess I'm really concerned about authorizing the Citizens on Patrol, now, to do this, because I thinks there's even more room for abuse of that. I don't think, that in my case, it was anything that was a major violation. I even have a picture here, for the rest of the Council, of how much my camp trailer was hanging over the sidewalk. And even had people going down the sidewalk that evening pushing a baby stroller and had plenty of room to get by there. So, I guess I'm concerned what type of training and what's going to be the procedures in the Police Department. I'd like to see a little more customer serviced and oriented to where they go up and try to educate the public and try to explain what it is, try to get compliance before it's just a citation, or even a warning, before we just have people writing tickets. Gordon: Well, as I recall, you didn't get a ticket, you got a ticket. Anderson: No, it was a ticket. It's right here. Gordon: You didn't pay it. Bird: He came prepared. Anderson: I did pay it. Gordon: I don't recall talking to you about that. Anderson: I did talk to you and you told me that you don't tell your officers how they're going to deal with those types of issues in the field, that you didn't think that was proper for you to do that. I guess my feeling is that maybe you ought to direct your personnel a little bit on how you want them to deal with those types of things, as far as policy issues. My first choice would be to educate the citizens and warn them instead of issue a citation. Gordon: Well, I still don't recall the conversation. My policy is that prior to ten o'clock at night they do notify them. And that's what I would have told you. Was it after ten o'clock at night? Anderson: No, it wasn't. Gordon: Then he was in violation and he should have notified you. You can ask Shari McCandless. Ten o'clock is the limit, and then after ten, if the lights are on, yes. That is policy. They're to go to the door, knock on the door and get the compliance. They don't just issue citations prior to ten o'clock. Compliance is our goal and that's why I don't understand it. If you talked to me, I would have told you that. I must have been drinking or something - Anderson: You were standing right there at the end of this podium. Meridian City Council Workshop February 13,2001 Page 27 Gordon: - because my policy is that prior to ten o'clock they notify you. Bird: Have you been in the Mayor's office again and hitting the bottle? Gordon: I think the Mayor can vouch on this one. That's parking and dogs because everyone complains about both until they get involved and then they complain the other side. So, yes you were in violation. Yes, he was supposedly...or prior to ten o'clock you should have been notified, but parking enforcement is something that's not going to go away, because there are far more people out there that want parking enforced. And for every one of those that are written, I receive just as many calls complaining about the ones that aren't written as I do about the ones that are written. So, I guess from your standpoint, as City Administrators, alii can tell you is that is not our policy. That is not what they're going to be taught. And they're not going to be writing those kind of tickets - De Weerd: Mr. President? Gordon: - they're not going to be turned loose to write all the tickets. De Weerd: Well, I think that Ron's point is, you know in our subdivision, now, we always blame the Homeowners Association, so I want to move to yours... I think that having volunteers is great and Ron's point is just to make sure that we have a consistent policy and that people that are enforcing it know that. Corrie: Mr. President, most of the people who call me in my office about parking, is parking the handicap parking, primarily in the parking lots that they take up four or five spaces, and parking in areas of red zone and fire truck zones and things like that. But most of them are wheelchair places that I hear about. I think that if this Ordinance is approved that I would hope that they would not be given carte blanch of going to neighborhoods, I know that's not your intent, we've talked about this before. But more in the parking lots and those areas that do demand correlation than our officers can supply. I think if they're trained right, that's always been a problem with Police Department's parking, always has been always will be. If you can get some help to help with the wheel chair and those places, you're going to be a lot better off. Gordon: What prompted this particular Ordinance was blocking sidewalks. And it was mothers, in one particular subdivision that said their kids had to walk in the streets because people were parking on the sidewalks and blocking sidewalks. So, that's what started this, it wasn't the handicap. The handicap we can't get to because we don't have the time. That's what we're going to be using them on. They're not going to be writing out in the subdivision - except for this one subdivision, which is over at the new school at Eagle. Those construction people are blocking all the sidewalks, so the kids have to walk down the middle of the Meridian City Council Workshop February 13. 2001 Page 28 ( streets. The mothers have been over there, almost three or four of them, almost in a gang, if you will. And there's almost been fights a couple of times. Bird: Why don't you send them two miles to the east and write people up. Where our Boise people, our Boise City Police Department, and I don't care if this goes public or who's here, don't seem to want to stop and get labor boys that are parked across Five Mile. De Weerd: Well, another, they're in our park. I think they need a permit, to do that, don't they? To picket in a public park? Anderson: I'm in support of what you're trying to do and I just want the Citizens on Patrol to be able to do that. I just think that needs to be tempered with good policy and good training, because I did think this was kind of ridiculous. Gordon: I do too. ?????: I got one too, so don't feel like. .. Bird: Well Ron's talking about an officer. Gordon: No, and I agree with you. I don't have any of my officers here, but I'll drag one off the street and he can tell you what I tell them. If it's prior to ten o'clock, they go to the house. If they can get somebody out of the house, we don't write tickets. And after ten o'clock, only if the lights are on - McCandless: Mr. President? Gordon: - and that's on any part...on fire hydrant parking. McCandless: I think that in my attendance of meetings and listening to discussions, the main focus of this is going to be parking lots and handicap places where we get all kinds of complaints about people running into stores and using the handicap parking places. They have no business using them. They should get tickets. Bird: Boy, I'll tell you, in California... I had a friend that just pulled in, real early in the morning...just slammed into the handicap parking to run and get a paper...didn't even turn his car off. He got nailed. And I've seen so many kids pull right into handicap, didn't even have a sticker. We don't have the people out. I think for myself, I'm like Ron, I hope they get trained good. But if we can just watch the sidewalks and the handicap parking, it will be a real benefit. McCandless: I don't think the majority of them are going to be out in the subdivisions anyway. Meridian City Council Workshop February 13T 2001 Page 29 Gordon: No. Only specific problem areas and one of them is going to be over by that school. They are alson.another program...we've got three old radar guns. And the areas, neighborhoods that are complaining about speeders, they are going to go out in pairs, after we have trained them how to use the radar. They are going to clock speeds, log license numbers, time and location, description of the car and then we're going to send letters to these people. Not tickets, just warning type things. So, it's back to, we're trying to illicit as much help as we can and we will always have the final say, as to what they're going to be doing. And if they are doing what they're not supposed to be doing, then the tickets are going to be void. Bird: Council, any more questions for the Chief? Anymore, Chief? Got anything else? Okay, Council, this Ordinance is ready to go. Should we have the Mayor, if he would, put it on the twenty-seventh? Corrie: Already got in on there. Item 7: Discussion of Inspectors Fee/Contracts Bird: okay, discussion of Inspectors fees and contracts. Mr. Smith. Smith: Thank you President Bird, Mayor and Council. This is the time to discuss the information that I had previously submitted to you and I think you might have gotten a repeat copy of it. For our contract building inspectors and the fact that their contract is renewable annually, I'm a little late on getting it renewed, they've been working on a month-to-month basis, from their previously contract. One of the things that I wanted you to have up to date information on was a comparative estimate of cost, between continuing the operation of the contract building inspectors, versus a full-time City employee inspectors. We've talked about it a couple of years, and I think it's appropriate now, to closely analyze this and make some decisions. The one thing I wasn't able to include in this comparative analysis, was the cost on page one, down at the bottom of the operation expense, of the consultant that's being retained by our building official to review the commercial plans. I don't know what that cost is or would be. Unless we had a building official that was certified to make those reviews that would have to be an outside cost. The other thing that is not included in this... when an inspector is ill or goes on vacation, then we have a fill in requirement. So there would be an additional cost in getting somebody to fill in while that inspector was out. The other option would be to have two inspectors. But I don't think business would support having a double inspector for each position. Those two question marks I don't have an answer for you. De Weerd: Mr. President. Gary, is there a reason why these are not in line with our budget year. Meridian City Council Workshop February 13, 2001 Page 30 Smith: they are supposed to be in line with our budget year. They are supposed to be renewed on October first of each year. Last year, the same thing happened. I think we renewed them in January or February. Anderson: They agreed to use the same contract, so we tried to get to them as best we could. Smith: They weren't any pressing issues, about what they wanted, as far as fees were concerned. De Weerd: Because, I guess the appropriate time to talk about this is during the budget. Bird: Well, I think you need to look at it now and make your mind up before budget- De Weerd: Not in how to renew it, I mean, we still need to renew it... Bird: Oh, well, yes, we realize that. Mr. Anderson, you had something? Anderson: Yes, just a comment. I appreciate Gary putting together this cost analysis. In some of the discussions we've had before and I guess I'm still in favor of it, we've talked about, not necessarily going out and hiring and starting our- ***End of tape, side two *** Smith: - but at any point, just going out and hiring our own inspection (inaudible) to start doing this, I'd like to hire one person at a time. And probably start with the building official and then add the various inspectors there, so we don't have five people going through that learning curve at one time. And to try to hire some very experienced people. When we start to hire our own people, it's going to mean a lot of changes, just in the processes of how we do business. I think that as we do our budgeting, we want to look at brining one on at a time and start to slowly build this department. Bird: I agree wholeheartedly with that, Gary. And I've discussed that. I'm not too sure, and I'm... maybe this is... and get some guy to start with that's a jack-of- all-trades, you know. Who knows inspection on everything, to start getting it up and running and help Gary and go through this. I'm quite shocked that we put out a lot of expenditures, that I would think would be like, telephone and all that stuff, that I would think that they would, in their contract, would have to cover some of that cost. They cover their own cell phone cost, but our in-house telephone, I think each inspector has his own phone, so there are five telephones that we - Meridian City Council Workshop February 1312001 Page 31 Bird: Now, do they cover their own insurance, or do we cover that? Smith: No, their own insurance. Bird: They cover that. Great. Smith: They have to provide workman's camp. Nichols: Mr. President. Gary, do we know what the extra insurance cost would be on the City's liability insurance to have in-house inspectors? Smith: No, I don't. It would add something, because I would assume that the liability aspect, if you screw up an inspection or don't inspect a building, or if there's problem with it later, there could be some substantial risk. Bird: We could always make our stamp, like Engineers and architects, one that would be if they've even seen what building they'd been at for liability. Smith: They have errors and admission insurance don't they? Nichols: Yes they do. Bird: Yes. It's their biggest. Council, any more questions of Gary? Anderson: Just remind us of this when we are talking budget. Bird: yes, we will. Gary, what do you think of bringing somebody on under you, that could... maybe not be an inspector and such, but start getting this department going. You and I have discussed it. We don't want to change everything all at once, like Ron said, bring one on at a time and get them trained. Smith: Yes, I think that would be very appropriate, based on some recent discussions in my department. A full-time building official would be quite a bit of benefit, not only in terms of the inspection of the buildings, but also having the time available to track the plan review process. And to be able to accurately tell the applicants where their plans are, what stage they're in, and make sure that the process follows. That there's a follow-through on the process, from the time the plans come into the door for review, until the plans are available for the applicant to pick up his or her permit. I think a full-time person would have that time to do it. I don't think.. .I'm not sure one building official could do that... inspect all the buildings plus be a coordinator. I think we're still going to be looking at two people in that building official position... or a building official and then a building inspector. Meridian City Council Workshop February 13,2001 Page 32 ( Bird: I think you hit it on the head, to start with. Get that one guy in track and get your...do what you... the way you want him to track everything and make sure it goes through. He could even help with some of the code enforcement, and stuff like that, having time to do that. And keep a sub-contractor, still for one year, to do the inspecting. Then maybe the following year we would feel up...ready to go to...our own inspector. Smith: And kind of phase him out. Bird: Is that what you had in mind, Anderson? Anderson: Yes, I'm thinking that even if we had to hire two people in the building thing, initially, I mean we're paying roughly three hundred thousand dollars right now. We could hire two people for a lot less money than that, and then all we're doing is subbing the mechanical, electrical and plumbing. Bird: but I think the first year, we better get somebody to just get the department going, Ron. That was my thinking, and then the following year, hire your inspectors, if it's two or whatever we need, but you still need somebody to track these things and do that kind of stuff, and get it set up. I don't think you can just grab two inspectors and say, here you got the department, go to work. Anderson: I guess I'm kind of concerned, like Gary is that you could hire a building supervisor and then we still have to pay two consultants, and then we've actually increased our cost instead of decreased them. Bird: Well, I think we can negotiate on that deal, if we bring somebody on that will take some of that away....work stuff away. That's something we can negotiate with the deal. Anderson: Like Gary is saying, if this guy is busy setting up the department and coordinating, he's not going to have a lot of time to be in the field. Bird: That's right, we'll certainly take a look at it. Anderson: You got one doing most of those inspections and then one guy setting things up. Bird: I'll be truthful with you, you take your electrical inspector and I'm not too sure we're not smart to keep that a sub-contractor, what we pay him...s good inspector with his vehicles and all that kind of stuff, is probably going to cost you that much. Smith: I don't think I factored...1 could take those expenses...well, we have to divide forty-one thousand by five and you're roughly eight thousand. So if you Meridian City Council Workshop February 13,2001 Page 33 had inspector at fifty-nine and another eight, say even ten, you're at sixty-nine with expenses - Bird: And then throw your - Smith: - plus your liability insurance, whatever that is. Bird: I'd have to think electrical is one of the higher liabilities - Corrie: Mr. President, they're all going to be probably ten to fifteen percent higher this year. They're already way above that already. Bird: You mean because of the business... yes. One way to look at that, Council, yes they're making great money, right now, but if our... if we have a slow down and the building permits don't come in, it accordingly goes down to here. This two or three hundred fifty-two thousand two hundred fifty dollars doesn't go away, unless you lay people off. Corrie: That was also mentioned five years ago. And it hasn't stopped in Idaho. Anderson: If we saved two hundred thousand a year, that'd be a million dollars, practically. Bird: Yes. Corrie: I know where you're coming from, you've got to have that in the back of your mind, but I don't think that Meridian going to run that risk yet. We're the only ones that have any land. Schultz: The way property is being proposed for development. De Weerd: You don't see it do you? Schultz: I certainly don't. Bird: Any other questions? De Weerd: Mr. President, I guess one other thing, a couple of things have been mentioned here today, that are possible areas of concern that certainly need to be looked at, before we... that we would have the information going into the budget sessions, about liability and insurance. And do these salaries include the benefits? Bird: Oh, yes. ( II Meridian City Council Workshop February 13, 2001 Page 34 Smith: I put a forty-percent burden on the salaries that are received from Boise City, and I used the mid-range of those salaries that I was given. And I can do some additional research on those salaries to make sure that these are the right numbers, for budgetary purposes. Corrie: We can get together, Gary, and get those others signed. Smith: Okay, I'll get all those contracts updated, then, with the right dates and bring them back to the Council for your next... do you want them at your next meeting? Corrie: That would probably be the twenty-seventh~ Smith: Twenty-seventh? Okay. Thank you. Item 8: Discussion of Tully Park Dog Ordinance. Bird: Okay. Item number eight. Tully Park Dog Ordinance. Which Ordinance are we supposed to be looking at? The one that's in our packet or the one we just got? Kuntz: The one that's in your packets. Bird: February ninth? I guess they're the same. Kuntz: It's a memo from Marlene St. George. The date of the memo is February ninth. A real quick overview. The Parks Commission addressed this issue at their January eighth meeting and voted unanimously to recommend that dog restrictions in Tully Park be amended so that it would be the same as in Story Park - which would be dogs on leash only. The primary reason is, with the pathway going in this spring and summer, there's going to be a lot of use of people walking in that area with their dogs, and just felt like it was more enforceable and fair. The attorney has attached that memo and come up with the verbiage necessary to change the Ordinance to allow dogs on leash only. Bird: Any questions of Tom? Kuntz: When's the appropriate time to bring this back to you? Probably on the twenty-seventh? Corrie: If everybody likes the way the Ordinance reads, we could put it on. Ordinance two twenty-seven. Bird: That's fine with me, Mayor. If that's fine with you, you set the agenda. Corrie: Those are quick and easy, down and dirty. (- Meridian City Council Workshop February 13,2001 Page 35 ( Kuntz: Okay. Mr. President? I wonder if I could revert back to the Chamber restroom issue, just for a minute. I jus~ have a question... I may want some direction on...50 when we meet we make sure we have Council's wishes in mind. If you go back to the lease agreement on page two, which I believe is at the front of your packet, if it's the same as mine, under section four, Public Restrooms. The old lease, or the current building, calls for the Chamber to responsible for erecting the outside walls, and then the City would assume responsibility for furnishing those restrooms. I am assuming, since the expansion of those restrooms benefit the City Parks primarily, that your wishes would be that we assume almost full responsibility for the cost of the expansion of those restrooms. Bird: What their budget showed us, Tom, is that we are responsible for the whole thing. Kuntz: Right, and I just want to make sure that that's - Corrie: That's a change from the current contract, evidently. I read that too. My only concern is that the restrooms get built to meet ADA compliance, and all those types of things, if we're going to foot the bill for them. I don't know if anybody has reviewed them to make sure - Kuntz: We have. Extensively. Corrie: Okay. Kuntz: I just didn't want to make some assumptions and negotiate the contract... or the ease...and have you say, well, why didn't you have them pay for the outside walls. De Weerd: So, Tom, that means that's the full fifty-eight thousand. - Kuntz: Correct. De Weerd: Okay. Kuntz: and then I want to make sure we have something in the lease that basically, somehow how we word it, that we kind of almost own those restrooms. Anderson: We do. Bird: We do. They are ours. They're public - Anderson: Because we clean them, we keep them up and - Meridian City Council Workshop February 13,2001 Page 36 Corrie: I'd like to see a full body shower put in them though. Bird: I would like to see them a little bigger- Corrie: (inaudible) the ditch on fire at the park - Bird: Yes, but have you ever tried to get the Nampa Fire Chief in that little one in down...and wash him down? It's horrible. It's hard enough for me to get in there, and then get him in there trying to wash him down. Kuntz: We'll put that on the outside of the building. With your permission, Mr. President, I'd like to address number ten next and leave number nine. Bird: Okay that's the Christmas lighting. Item 10: Discussion of New Downtown Christmas Decoration Kuntz: We wanted to bring this item up before winter passes and Christmas decorations leave everyone's minds. We brought this up at the Parks Commission last night. Page one is an outline of some costs that we are proposing to replace the old and dilapidated decorations on the light poles - approximately thirty-six of them on First Avenue. The second page is an actual sample of what the product would look like. We actually purchased the one in the upper left-hand corner, which is forty-eight inch tri-candle wreath, and placed that on the pole next to Generations Plaza. The product, in staffs opinion, is very high quality and probably has a life expectancy, if we take care of them in the off season, of fifteen to twenty years. On the first page, we've got some costs for the forty-eight inch wreath and the forty-eight inch double bell wreath. The total package price is about eighty-five hundred dollars. The second listing of costs is for a large fifty-eight inch wreath. The total cost on that is actually eleven thousand three =hundred-forty dollars. The reason we priced both of those out is because some staff felt like the forty-eight inch wreath was not real visible because of light wash-out from the street lights on First Avenue and that the fifty-eight inch wreath might be more visible. We still don't know if we've got the electricity necessary to run the larger wreath, so we're still doing some research. The Parks Commission felt like, maybe the approach we should take on purchasing these items, would be to go and talk to the Kiwanis, rotary, Lions, the service clubs and possibly the Chamber, and see if about each one of those groups contributing anywhere from fifteen hundred to twenty-five hundred dollars towards the purchase of these items. Then depending on what we could not raise, possibly look at the City implementing some funds in next budget year. That is the approach we were planning on taking, but I guess I would like to know how the Council feels about it. I think it will really liven up our First Avenue during the Christmas Season, and we would like some direction tonight from you. Meridian City Council Workshop February 13, 2001 Page 37 ( Bird: Tom, excuse me, did they say...did the Parks and Recreation Commission like the fifty-eight inch better? Or was it Staff? Kuntz: Staff, felt like the bigger ones...but we still need to do some research to make sure we can run them on the poles. And I'm a little concerned about wind sheer. Bird: I was just going to ask you the same thing. But, you know, if they make them that big, I'm sure they have ways of attaching them. Kuntz: Yes. De Weerd: That and wattage. If our park poles can - Kuntz: We purchased the forty-eight inch one and, when we get a little more serious, we'd like to bring that in and let the council see it. It's quite an attractive decoration. And they are very well made as well as the actual attachment on the pole are very well made also. McCandless: I agree with you that we should see some samples from that Idaho company and possibly do some comparative pricing. Bird: Yes. I'd agree there. I'd like to see some from Idaho, if we can. But I don't think we should sacrifice quality. And Tom, I like your idea of going to the... and individuals, your one is two hundred and twenty each? I think there are some individuals who would purchase them. I would guess that if we stayed with the forty-eight, that we should be able to raise most of that money. You guys can get out and work at it. Any other questions for Tom? I like it. Berg: Mr. President, and members of the Council and Mayor. My concern is electricity but also being careful with those poles - those concrete poles. If they crack at the base, they're gone, just because of the way they are constructed. So just be very cautious about making sure that they get attached correctly and that no one is going to hit them. Those poles aren't cheap. We have to order them. In retrospect, we might look at a different type of pole next time we do a downtown project or street project. Kuntz: do you have some specifications or literature on those poles? Berg: I don't. But Craig Randall, I believe, had dug up some information about how they are wired, system-wise, to where the J-boxes are. Kuntz: I'm just concerned about wind load, and that type of thing. Berg: Well, Gary Smith, I think he said had - Meridian City Council Workshop February 13,2001 Page 38 Bird: How much do those wreaths weight? Thirty-five pounds? Kuntz: It's not so much the weight, but when you get that large of an item, and you get some winds - Bird: but you have... you still have openings where wind can go through. It's not like it's solid and your getting a complete wind load. Corrie: do they stick out in the traffic where trucks could catch them? Kuntz: They are up high enough where they would be over the top of semi- trailers and that type of thing. Bird: I don't think our light poles stick out far enough unless they go all the way out, do they Tom? Kuntz: No, I think we're okay. But is something else to take into consideration. We don't want to lose a bunch of wreaths when a semi goes through town. De Weerd: Or a fire truck. Kuntz: But Gary has that information. That and the poles themselves [Unknown]: How about the wattage and poles and the wiring? Kuntz: Okay. Item 9: Discussion of Skate Park Site Selection Bird: Skateboard Site. Kuntz: I want to update you on what we've been doing on that issue since the last Council meeting. I have a little handout for you. AS you recall, at the last meeting, a recommendation was made to research the old fire station. What we did, as a follow-up to that is we received a couple of estimates on demolition of that building as well as the driveway in front. And those estimates were between eight and ten thousand dollars. We also met with ACHD to find out what the curb, gutter and sidewalk requirements would be and received that information and the cost for those items would also be in the eight to ten thousand dollar range. We also decided to hold, as part of the Parks and Recreation Commission meeting, last night, a half and hour early to accept public input on the site selection. What you have in your packets, Item number 1, is a letter that was sent out to the site selection committee. They were invited to come to the meeting last night and discuss with the public what they had come up with. The second Item you should have is a story that was done by Kendra on the skate park issue. The third item is a letter that we hand-delivered to all the neighbors ( Meridian City Council Workshop February 131 2001 Page 39 within a two hundred-yard radius of Meridian Middle Schools because we wanted to let them know that we would be revisiting that location and we would like to have their input. The fourth item, which I think you've already seen, is the site selection criteria. I do want you to know that number one is highly visible. That was an important issue, as far as the site selection committee. And then on the very last page are the attendees of last night's meetings, in addition of course to the Parks and Recreation Commission members. There were twenty-three of them. There was a mix of youth and adults. They were primarily youth. There was one of our police officers there with his two sons. There was a minister there, an adult from one of the local churches and a couple of other adults. But they were primarily youth, middle school, the high school age. At the end of the discussion... well, we started the meeting by a short slide show, showing these people, since they had not seen the sites, the top three sites from the original site selection committee, which was the Story Park site, the middle school site and the fifty-six acre site. In addition to that, we had slides that showed the old fire station site, so we actually had four sites we were looking at. After the slide presentation, we took public input testimony. At the end of that testimony, asked the participants' vote on where they would recommend that we site this skate park. As you can see at the bottom of that, of the twenty-three participants, nineteen voted for Story Park and four voted for the fifty-eight acre park site. Following that meeting, the Parks and Recreation Commission, as part of their regular agenda, discussed the site selection and unanimously passed a recommendation on to the City Council, to recommend that the Story Park site be chosen as the number one site. There was quite a discussion about the lack of visibility, which I know is a concern of the Councils before. One of the new commission members, Bruce McCoy, commented that he had the same concern until he actually went down and looked at the site. After he looked at the site and had a better understanding of where it was, did not have the same concerns that he originally had~ I brought with me, I think there are only six of these, so this won't take long, six of these slides that I presented at last night's meeting specifically showing the site. I also brought my pointer, which I haven't used since last night, so it'll give me a chance to do that. Is that bright enough or should I turn some lights off? The site that we are looking at is this area down almost to the light pole coming straight out to this area, and then it would come back in and meet right behind this fence that you see here. So this is the triangle of land that we would site the park on. Berg: It'd be nice if the Fire Department got a little money next year, with a remote on it- [Unknown]: They spent all their money on TVs and computers in the training room that you can't see. Kuntz: These are some more pictures showing the softball field~ The legion field is over in this area here~ Again, this is the area that we'd put the park in. This is looking at Water Tower Lane, which is at the east, west, north, south? Meridian City Council Workshop February 131 2001 Page 40 Bird: South. Kuntz: This is also looking south. The area would be here approximately out one hundred and fifty feet and then back into this light pole, so it would be this area here. I'm standing approximately almost parallel to the parks... the maintenance facility that houses the restrooms, so the restrooms would be easily accessible from this site. [Unknown]: Just leave those dirt piles and make it a BMX track right now. Kuntz: These are pictures looking from south to the north. The site is on the other side of these dirt piles in this section, right in here, the softball field and the legion field further north. This site shows the location of the speedway and the pit area up in here. The skate park site, again, is down in this location right in here. The one issue that we discussed last meeting, but again I wanted to hit on it, because I know the speedway has some concerns about losing any space in this area is, back in this corner there used to be piles and piles of dirt and slash and debris. We spent some budget money last year and hauled many, many yards out of this area. As a result, have cleaned up more potential parking for pit trailers and that type of thing than would be taken by the new Skate Park. I'm not sure if the location is quite as convenient, being down in this corner, as it is where the skate park site would be, but certainly the total area is probably equivalent to what was there before. Bird: Any questions? Anderson: Tom, is there any plan for additional parking back there. A lot of kids are of driving age and they actually drive there. That is a pretty small parking lot there, as it is now. Kuntz: With this project, there would not be additional parking. Our long range plans would be, if the Speedway were to be defunct as some point in time, years down the road, we would add additional parking as part of the development of that site. But the existing plan and the money that we have in the plan, just for the Skate Park this year, we wouldn't add any additional parking at this time. I think it is adequate with the exception of Saturday nights, when the races are there. The kids, the users are going to have to understand that. Corrie: But that small part in the back, I guess where the baseball diamond is, that gets used pretty heavy in the summertime, where you've got the covered picnic tables. We've done some functions down there. There's just not much parking there. Kuntz: No, sir. Again, long range, we'd like to relocate the existing play ground, that's next to the swimming and relocate that into the front of the park more, up Meridian City Council Workshop February 1312001 Page 41 ( near the Chamber building. When that happens, we'd like to convert all that area, next to the pool where the playground equipment is now, into additional parking. Bird: Any other questions? Tami? De Weerd: Well, you know, it's still a concern. I know the Police Department had a couple of officers on the site selection committee, but I'd really like to get something from the Police Department, really looking at that site. I have a huge concern, and I know that, apparently I'm the...1 was the lone ranger there last night on that concern. None of those pictures showed that site from Franklin Road and where circulation is coming from motorist, and foot traffic or anything else that would be able to look in on that. Because I think that is a huge safety issue, tucking something like that... and having a group of youth tucked back in the back part of our park. I would like to defer that to the experts in our Police Department and see if that is a safe site. You know, I am a firm believer in Citizens committee and going with them, and I would support their recommendation with a lot of reservation on the safety aspect of where that's going to go. Bird: I'll make a statement. I probably been around that area, probably next to Kenny Bowers, more than anybody sitting in this room, at night, Saturday's, during the week. I don't think it's a real good location. I take my grandsons Eagle Park. That probably will be pretty good, once they get it built up around and stuff. It's kind of dangerous. I think the ideal location, all jokes aside, is out next to the Water Tower on the other one. It wasn't too many years ago that the Police Chief and Parks director wanted to shut down that area on the Fourth of July because it was too dark and dangerous for racing. I spend a lot of nights out there in the summer with the baseball program. I see very few officers going through there. It's dark back there. It is not, I don't believe, a safe place. I would take my grandsons to Eagle over sending them down there. Your people that you had there are my neighbors. I mean, I got the thing too. No they're not going want it in the middle school, which I think is a right location, but they don't seem to. If you want a real survey go out to those area out there, go to Cherry Lane, see where... Tami's subdivision, see where they'd like to see it. They'll say on the fifty-six acres. That's the logical place there. There are playgrounds there. There will be playgrounds for the other kids to go play on around there. There's more visibility. That's my two-cent's worth. I just want to see a Skate Board Park. I do want to say that. Kuntz: Mayor, you have your hand up? Corrie: No, I was just cleaning my glasses, but since you asked me, I'll tell you. I first thought about what Ron had said about the fire station. I came to the conclusion to that's pretty expensive property to put a Skate Park in. That's ideally located, and no offense to Ron, but two hundred and sixty thousand piece ( Meridian City Council Workshop February 13,2001 Page 42 of property, we could sell that and put a Skate Park in some place else. In the fifty-six acre park, you're going to have to take some priorities here in what you're going to put in there, and build it accordingly. So you can't just put a Skate Park in there and then start putting something around it. So you really want to plan that real well, because you going to have a...hopefully we'll have to put twelve to thirteen others, similar to that... may not that big, but twelve-acre sites. So, I would think some baseball diamonds and things like that's good. But as far as...1 have to kind of look at what the people that on that committee is looking. I'm like Tami, I like committees as well as anybody, but did they look at that factor of safety in to consideration. De Weerd: They saw the same pictures that you saw. That looks wide open. Those pictures are deceiving to a certain extent. Kuntz: Mr. President, Mr. Mayor, that's why I brought the fact that Mr. McCoy, Bruce McCoy, is on the Parks Commission, he's one of the new members. He had similar reservations and he actually went out and looked at the site to see where it was going to be place, as far as being fairly contiguous to that asphalt area, to the driveway to the softball fields. It actually changed his mind, when he saw the actual area, where it is going to go. The site itself will actually be elevated, which will help somewhat, as far as visibility from Franklin Roada We would plan some additional outside lighting, street lighting only, though, because it will be closed at night, when it gets dark. So, the issue I thought was addressed in the original site selection. It was further addressed at the meeting last night, and the Parks and Recreation Commission had extensive discussion on it and the members voting unanimously to recommend that site to the City Council. Corrie: Okay, let me ask a couple other questions. Would that be going on when there's other people, the baseball games going on, a lot of people around there at that time. How long in the season, after that park is being used, if it's snowing they wouldn't be using it, right? Kuntz: They could be. Corrie: Okay, so - Kuntz: Well, one of the issues that was raised last night, and also from the site selection, that they really liked the idea that there was a variety of activities going on during the peak season, when one individual said I am responsible for my sister. I can take her to the pool and let her swim while I go over and use the Skate Park. Again, that June, July and maybe part of August. Then September and those months there's not a lot going on there. But you had a policeman with his own two sons there, who voted in favor of that site. So, I don't know. I still have some reservations, but after going through this process. We had a Public Hearing last night, so to speak, and the Parks Commission address the issue Meridian City Council Workshop February 131 2001 Page 43 and they felt like this is the best suitable site, for the money we have to spend now and what they can build. Bird: This was not a Public Hearing, this was an Area Meeting. Kuntz: Yes, sir. Bird: I mean, if you did not live within the two hundred-yard radius, you did not know there was a meeting last night. Kuntz: Well, what we tried to do, in that article in your packet, there's a little sub- box, and that article in the Statesman. That is how we tried to get the word out to the public about the Public M~eting. Corrie: I would think, Keith, if you wanted to have a public meeting, you could advertise it and have people - Bird: No, I just said - Corrie: You make a good point, though. You make a good point and before you make a final decision, you could have one of those meetings, but again, like Tami, you have a committee that looked at all that. Bird: I'd like to see (inaudible) and Cherry Lane and all them and see where they'd like it. Kuntz: Well, there were individuals, and that list has addresses on it. Doesn't it have addresses? There's actually some fairly good representation. There was one individual from Ten Mile, so it was fairly spread out. Bird: Most of them were Camellia or Westgate. Kuntz: Was it? De Weerd: Well, and a lot of it, Tom, is...and I know that Bruce felt comfortable going out there... we don't know what's going on with Hon's property. That can definitely can block the view going into the park, because its - Bird: A two or three story building. De Weerd: - and landscaping around the- Bird: And trees. De Weerd: - the perimeter. I would like to defer even that issue of safety and visibility to the people who have to patrol our streets and our resource officers Meridian City Council Workshop February 13,2001 Page 44 who know those kids and some of the issues that our youth get into. I'm not stereotyping, or anything, I'm just concerned about the location. And, again, I would support the Citizen's recommendation with a lot of reservations, but I would like to hear from our Police Department. As their resources get thinner, go in and park there, and doing their reports is not the circulation that you need for that kind of activity, in the material that I've read. Bird: Okay, Tom. Thank you very much. I will say one thing, in defense of that area location, it's probably not quite as visible as Eagle, right now. But once Eagle builds their subdivision around, it will be very visible. I just want to see a Skate Board Park. I think we're going to need one. And I've got two (inaudible) on it. Anderson: Mr. President, can I offer my two-cant's worth? Bird: You bet. You can have your five cents. Anderson: I just want to comment too. I'm concerned about the safety issue. I know that piece of property looks completely different if you look at it in the daylight hours, and if you're back there, if fact. I mean, because all the area's open, it appears very safe. The big concern I have is the distance from any major roadways, where people are just traveling on a regular basis. I would like to see it closer to a roadway. And Tami said it's basically a twenty-four hour, seven day a week operation. Even though we have hours for the park use, I think because that it dark, and because it sits back there, it will be a magnet. Typically the teenagers that are going to be attracted to this type of facility are quite often teenagers who like to break rules. I don't think a park curfew is going to be a big deterrent to them. That is actually going to create more of a police burden, because now they have a dark place back behind all this that they are going to have to go check in the middle of the night. Because I think that quite often it is not a secure piece of property. You are going to have skateboarders back there. Just the distance from the major roadways, even if some kids got into a scuffle during the daytime, it's such a distance from all the roadways, and the businesses all around there. It is somewhat obscured from Franklin Road. And because you have your restrooms out in front of that and the ball parks, and we have commercial buildings going all around the perimeter of it in the far side, someone could get the snot beat out of them before anyone would even see it. And there is plenty of room for the other people to run off. I would like to see it a little bit closer to a roadway, a more populated area where it could be watched more by the general public. It's the biggest concern I have about it. Kuntz: Councilman Anderson, I can't disagree with you. Unfortunately the sites that we could put it on, closer to the roadway, the price tag to buy that property is about two hundred to two hundred and fifty thousand dollars. I will tell you that Eagle's experience has been that if the kids can't abide by the rules, with include the closer time of the" park, then they are going to close the park down. They did Meridian City Council Workshop February 13,2001 Page 45 ( have a few minor problems to start with, but they've had. very good success in that park. When it's dark, the park is closed. Will it require additional policing by the police? You bet. But it's not going to be any different than Tully Park when there's kids in there at night after hours bothering neighbors, who we've heard from, with their cars up on the curbs trying to play basketball at night. It's going to be just like any other park. It's going to require some policing. What they have shown in Eagle, as well as other Skate Parks, is if you include the kids in design of the park, so it's something they want to use and you include them in a committee and they understand that if they abuse the privilege of using that facility, as far as using it after hours - trashing it, graffiti, those type of things, we're going to close it down. The City of Eagle has taken a very firm stance on that and their problems have been minimal. Anderson: I understand that's a hard line stance, but you've got to understand the popularity of closing down your Skate Park too, is not going to be very good. The community is going to say, why do we have this two hundred thousand dollar Skate Park setting there and we're not using it. It's a nice threat, but in reality, none of us would want to do this. I am curious, you guys have talked about tearing up the roadway and part of the park there, and eliminating that. I haven't seen a master plan for that area. Why couldn't it be put further out in the maim park area, if you take the one road, the northern road out of there, why couldn't it fill up some of that space? Kuntz: - could. I guess we were kind of thinking that would be the central location for the new playground. I'm not sure how compatible a Skate Park and a playground would be, we could certainly look at it though. Anderson: You could put a little distance between them, but- Corrie: You've got two age groups there. Anderson: Yes. Put them on different sides of the - Bird: You'd be surprised how- Corrie: Most of the skate boarders around here are good kids and I don't find (inaudible) downtown. Kuntz: Yes, well I'll certainly build this where you want. Corrie: These kids, that I talked to at the park meetings, they want to help build it.. They want to help do it and keep it up. If you let the kids do it, they'll police their own. It's surprising what they'll do. Meridian City Council Workshop February 13, 2001 Page 46 Bird: They do do that. The only thing I can say, in the six or seven times I've been to Eagle, I get out and talk to the boys, before my wife gets out of the car. The language is absolutely horrible. Corrie: Oh, yeah, well that's - Bird: But that isn't just at skateboard parks. But that's not just at skateboard parks, don't ever kid yourself. We come from a generation where the four-letter word isn't every other word out of boys' and girls' mouths. Corrie: We are of an entirely different generation. Bird: Yes, and I can't stand it. But that's not just at skateboard parks. You can go to a football game, you can go to basketball games, you can go to skating parties, or anyplace else. De Weerd: Ron, it's usually not the kids who are the skate boarders. You know, after dark, that's going to be a magnet. It's not really going to be... Bird: Thank you, Tom, for all your hard work. We'll get a skateboard park somewhere. Kuntz: Would you like me to get some input from the Police Department and get back to you? I'll build this park wherever you want, but we've got a recommendation from the Parks Commission and from the site selection and we'd certainly like to make the final decision on this. I just need some direction. Bird: I think Chief is going to give us... Gordon: He kept looking at me, boy, get up here and save my butt. But, I agree with everything that was said on both sides. It's going to take some definite enforcement. And, yes it is way back in the middle of nowhere. I don't know who the officers were that said that's where they go do paperwork. Because we're back to, that's not where they're supposed to do paperwork, supposed to be out in the open so everybody can see those cars. That's way back in the middle of nowhere. You can't see it from Franklin. Once you get back there, you're restricted on getting back out, so it's not a good place to have a police car anyway. Then again, though, and what Tom was saying, if you design it right and light it, you're going to cut down on a lot of those problems. I can't always guarantee that we're always going to have a policeman back there doing paperwork, but it you light it, you are going to cut down on some of the problems. I kind of heard one comment there that skateboards kind of attract teenagers that don't like to follow rules. I've never seen a teenage that liked to follow rules. So you're going to have them out there. And they are a different... skate boarders are a different group. Meridian City Council Workshop February 13,2001 Page 47 Bird: Yau said it. Gordon: The Mayor mentioned the fact that they will police their own, but when the lights go out, they're going back there. Right now we have a big vandalism problem with the speedway, because of the kids in that area. Coming over from the apartments. Bird: That's been a thirty-five year... Gordon: And that is a problem area. The park and also the speedway. You could do it with a lot of lighting and open that area up. And give us access to is, say probably from the back side to it so they could drive through and not have to go back there and - Bird: We don't have a way to do that. Gordon: - get turned around. Kuntz: We have an access road that we actually fenced and graveled two years ago. Right next to the day care. Bird: By the (inaudible)? Kuntz: - and you could come in there. Our long term plans would be to open that up as an access road entrance into the park and then create some new parking area back in there. Bird: Clean the lot up. If you own... you've got it back there. That is the crappiest looking place around I've seen. The film showed that. Kuntz: Yes. Bird: Take a week to (inaudible). Kuntz: Yes. That, actually is Mr. Hon's property. Ours is graveled and fenced. We keep it cleaned up. Bird: Tell Mr. Hon. Kuntz: Yes, sir. Bird: But the thing I'm afraid of on that is like Hon's going to...you know, his property is going to develop into office buildings. That's going to cut us off completely from the east and the southeast, I think you'll have a lot of problems. Being involved with the speedway for seventeen years, we had a lot of problems ( Meridian City Council Workshop February 1312001 Page 48 ( back in that back. Kids went there drinking. There was a lot of drinking back in there, during the - Gordon: Yes, from the logical standpoint. There's no housing back there. The kids are going to have to all be brought in, in cars - Bird: Trucked in. Gordon: - and kids that are on skateboards don't have cars. So, I was looking at the middle school and the fifty-six acre park, because that is where all the subdivisions are and that's where all the kids are going to be. The majority... if we get them down there on foot amongst all of those businesses like you're talking about, and lots of room to hide and very few roads, there's going to be problems. De Weerd: And to validate what you said, when I went on line looking at criteria what police and city officials look at for these kinds of selections, you really do look for areas that have high pedestrian traffic area, as well as traffic area. Even though they're not there specifically to look at the kids at the skateboard park, it's very visible and there's more awareness. I tried to advocate last night. If the Chief of Police had said that, they probably would have had a better resulta Gordon: there's been a lot of skateboard parks built and there's been a lot of them built wrong and in the wrong places. Maybe we can do a little more digging and see if we can't dig up some of the ones that have gone in outside of this area and see what they're - Bird: Call Coeur d'Alene. They put that in - Gordon: Blackfoot's got a nice one - Bird: Coeur d'Alene put there's down in their city park and they swear by it. They - Gordon: Baker City built theirs way out in the open which meets what we're talking about here. But along the highway. I go by there ten or fifteen times a year and I've never seen a kid in that skate park~ Bird: Yes, I understand. De Weerd: It just an important feature and we just need to do it right the first time. And I know the Parks department right now is really trying to get compliance with frontage so that you have a certain number of sides of the park that are visible. And Story Park is not a good example of that. Meridian City Council Workshop February 13,2001 Page 49 Bird: It was in one day, before everything built around it. De Weerd: Well, yes. Bird: Anything else Council? Thanks, again, tom. De Weerd: Thanks, Chief. Gordon: Tom, don't leave, before I see you. Bird: Okay, item number eleven. Mr. Nichols is going to give us lesson and he almost got a good example from tonight, on our first item. Item 11: Discussion of Exparte Communication Nichols: Thank you President Bird, Mayor and Members of the Council. President Bird asked me and the Mayor asked me to just remind you again, with regard to this issue of exparte communications. It's pretty easy to bump into this, because I hold in my hands a letter a matter that I think is coming up from the Planning and Zoning Department. It was addressed to the Mayor and the City Council and has probably been in everybody's box, therefore the Clerk will make sure it's part of the record and distributed to the applicant, and so forth, as part of the process. I've said it before and I'll say it again, lawyers are not good at being brief, but I'll try. An exparte communication is where there's some sort of application in front of you. Something that's specific to an individual site, some sort of land use matter, typically, although it could conceivably be a personnel issue, in which there is -- there are parties, more than one. Someone wants to button-hole you and talk to you about the issue, but the other party isn't there, so it's off the record, it's not someplace where everybody know that's its all out on the table. I'll hand you out a handout, but I didn't want to do that, because you'd spend your time looking at that, instead of listening to me, so... McCandless: You know us. Nichols: Well, I know what I'm like so -- Well, anyway, the latest case is the Foster Warehouse Furniture Case. You know, we've talked about it before. Its real name is the Idaho Historic Preservation Council versus the City of Boise. In that particular case, the Planning and Zoning commission had already issued their recommendation on what they -- you know, what was going to happen with that F oster Building. It was coming in front of the Council. It was going... it was a Public Hearing. And the Council members got bombarded with phone calls and letters, with the exception of Mike Weatherowa He wouldn't take any of the calls and he wouldn't let anybody get him cornered on the street. But everybody else did what I think most people in your position would do, which is, somebody's got a concern, your natural reaction is to listen to him. So they did. Well, Councilman Map, at the beginning of the Public Hearing said, I want you to know Meridian City Council Workshop February 13,2001 Page 50 that I've gotten lots of phone calls on both sides of this issue and it hasn't influenced me in any way, I'm here to listen. You know, make up my mind based on what I hear today. Well, the Supreme Court said that's not good enough. Said, if you're going to take these kinds of exparte contacts, exparte communications, you have to identify who the person was, any 'quote' identifying information. You know, it's Mike Jones. Who's Mike Jones? Well, Mike Jones also happens to be the manager at the fish house across the street, or something-somebody that's got some interest in it. And this is what they had to say, and in more detail is better than less. Well, if you're like me, on some sort of controversial issue and you get hit with several people, you're not going to remember what they said. You're not going to know most of them. You're not going to remember exactly their names, or maybe it was just your answering machine where somebody called up and they didn't leave a name and they've gone on and on about the issue. So what I've put together in this memorandum that I'll handout to you tonight, is just a reminder of what you should and shouldn't do. But there are some new don'ts that expand upon the concept. I'll just review those briefly. One of the common things that I expect goes on is, you're looking at an application. You are looking at the minutes from [Public and Zoning] meeting or recommendations or whatever, you call a staff member and say I don't understand this issue. I'm asking you, don't do that anymore. If you have an application, that relates to an application, that's before you for a decision, put the question in writing to the Staff member, and ask them to either bring up the question and the answer in the Public Hearing or supplement their staff report with the questions and the answer and make those available to the applicant and be part of the public record so everyone has a chance to see it and to comment upon it or testify about it, if they deem it necessary. So, that's really important. Don't have any meetings with the applicant. Don't take phone calls. If you get a call, I'll tell you sort of what I think you ought to tell them. But try not to get yourself in a position where you're going to have these things. And I think it's probably most difficult for the Mayor, because he's the guy that's here. He's the one that gets the calls. So-and-so has got a problem. We've had that problem with Dave Fuller on Valerie Heights and Chelsea Gasserhani and all these people and everybody wants to complain to somebody, and unfortunately, we can't listen to them outside of the record. Okay, so I guess what I'm saying is here's a chance to say 'just say no,' as Nancy Reagan would say. But you can say it in a different way. You can say to them, Hi, this is Tami. Tami, I want to talk to you about something. Well, who's this? This is Joe Blow. Well, hi Joe, what do you want to talk about? I want to talk about that application for that ugly subdivision on the corner of such-and-such and such-and-such. Well, Joe, I can't your comments off the record, but I'm glad you called me, because that allows me to remind you that there's a Public Hearing on that in front of the Council or in front of the Commission, or whoever it's in front of on such-and- such a day. Or, I know it's going to coming up for a hearing. I don't know the date yet, but if you'll give me your name and your phone number, I'll make sure that you get that date in time for that hearing. Because, if you obviously feel and importance on the issue, if it's that important to you, you need to come and put it Meridian City Council Workshop February 13,2001 Page 51 ( on the record so I'm not the only one who hears it. The rest of the Council hears it. The Mayor hears it. The Staff hears it and the other side hears it, so they know what your concerns are. So it's a way that you can tell them look, if it's important for you to be prompted to call me, it's important enough to put in on the record. Well, I won't be available that day. Then you can put it in writing. And if you get it to the City Clerk on the Wednesday before the Council Meeting, where its going to be heard, he can put it in our packets and he can make it part of the record. And then its there for everybody to see. And then your thoughts are know. These are some things that you can do to take care of that. And things like this letter. That's going to have to be, whenever we get these, Mayor, and they typically come to the Mayor, you're going to have to get them to Will. Put them in a pile to get them to Will at that point, so he can make them part of the record and pass them all out to the Council Members. Council members get a letter at home, you need to bring it in to Will so he can make it part of the record. Ninety-nine percent of the time, it doesn't make one whit's worth of a difference. These applications are not that contested. The concerns that they neighbors have are taken care of by the applicant, the developer. But when you get the Valerie Heights, or the different things, then these become important to have in the record so if somebody wants to comment on them they can. Anderson: I have a question for you on that, Bill. Really, the written comments that they would provide, though, I mean -- they are part of the record, Will makes a copy for all the City Council, but not everybody out there in that audience, in the course of that Public Hearing gets to see those. I mean, we can't stop the Public Hearing process and go, well, make copies for everybody in the audience and hand those out. But it almost seems like those letters ought to be read into the public testimony so that everybody in the audience from both sides has heard that testimony. But that would be a very cumbersome process, but otherwise really that is almost like having a private meeting with the City Council because we are the only ones who have read it. The other side hasn't read it. Nichols: Some places they do read it into the record. Some places, they will take, for example, if the record is all this stuff that's received, Will could say in the record is a letter from this person, a letter from this person, a letter from this person, a letter from this person, I have them available for review. As long as they are furnished to the applicant, or the applicant's been informed, if you want to look at the record, you have to come to City Hall and see it, here it is, then they have a chance to rebut it. For the most part, again, it's not new information. But there are places that do. The physically read each one of those letters into the record. I'm not sure that you have to go that far, as long as the information is there and it is available for somebody to look at. Anderson: The only time that would have posed a problem, the three years I've been on the Council, was with the Valerie Heights area project. The others we receive a letter or two, here and there, but that one was the biggest... Meridian City Council Workshop February 13,2001 Page 52 ( Bird: And I think Bill pointed this out to us over Valerie Heights, that we probably should be, at least for the public record on tape, should be noting what written correspondence, in fact I think you did on the Valerie Height, on a couple of them, didn't we? Nichols: Yes, we did. Bird: And I think its probably a good practice to just start, period. After listening to some of the horror stories that happens, we ask Bill to defend us, and if we've done something like this it's hard to defend. Nichols: One of the things that, I'll work with the Mayor on this, we need to tighten up our hearing procedures. We need to have some way of limiting who comes up. We should have a separate signup sheet for each of the specific Public Hearings, so that those who are going to testify, on that specific Public Hearing, signs a sheet on that one, saying they want to speak. In other words, we get to that point, we bring that sheet to the front of the room, the Mayor looks at it and says, there's nobody signed up to testify. We go through the Staff report. We go through the applicant comments, and nobody has signed up on this application, again, we could let somebody come forward and get their name and so forth. But if we've got them identified them on a sheet, number one, they've had to print their name, so we know how it's spelled. They've signed on that and we have a record, in addition to what the minutes are, it's another way of tightening up the process. But then at the beginning of the deal, for example we look at the sheet and it shows there are four people that want to testify, then we have the applicant and the those four people sworn in. One of the things of that I have tumbled to recently, just going through the code book, is our hearing procedure says that witnesses will be sworn. We haven't been doing that. And so, we need to- Corrie: Didn't we use to? I think, who was it? Bird: Bill Gigray is the one who stopped it. Corrie: I think Bill was the one who - Nichols: In mean, it's not necessary. You don't have to do it, but your Ordinance says you do. If you take that part of the Ordinance out, people are presumed to testifying truthfully. But you've got to have some way of swearing them in without individually administrating an oath to them. I've got five people here, and if Mr. smith, Mr. Jones, Ms. Williams and Mr. Green will stand up and raise your right hand, then we can do them all at once. Either that or change the Ordinance to where they are not required to swear or affirm before they testify. Bird: I'd sooner see them sworn in, because -- Meridian City Council Workshop February 13, 2001 Page 53 Nichols: I can be either way. It's just a matter that we need to be doing it, because our Ordinance says so. And right now, because our Ordinance says so, if somebody were to seize upon that in connection -- I don't know what a judge would with it. I don't know if they'd say is was a superfluous item or that it wasn't all that important. Corrie: They swear them in court, don't they? Nichols: It's a different deal. Required by statute and court rule. Corrie: Ours is required by Ordinance. Bird: By Ordinance. Corrie: I have one question to add to that, what about amail? Nichols: the thing on amail, for example if you get an email from somebody in opposition to a project, you need to print that out and give it to Will, have him make it part of the record, just the same as a letter in the box. Corrie: Because I'm getting a lot more now, because of the web site and everything else. Not so much on specifics, but a lot of mail. Nichols: Okay, let me back up and say something I should have covered. All this becomes more important at the point in time that an application is filed. That's the bright line. When the application is filed, then eventually it has the great likelihood of coming before you for a decision. Before the application is filed, as long as it is not site-specific, if it's a business that wants to come to town...1 don't know of any Mayor that doesn't do -- and a lot of times Council people, that doesn't do some economic or their city. So when Joe Blow Industries is looking for a place to locate, they call and talk to the Mayor. What's the business environment like in your town? Do you have industrially zoned property that's available to locate? Now, they know this stuff from the realtors, anyway, but they want to hear it from the City folks to. That's not an exparte communication, unless it gets to the point that the Mayor suggests, you know, if we were to rezone this neighborhood -- over here right off Franklin. You know where Costco went? I can remember when that used to be a subdivision. Bird: That's right. Randolph subdivision. Nichols: So, anyway, that's a site-specific type of thing that could get into the exparte thing. But pre-application is not nearly as critical as it is once that application is filed. Which is why I got kind of nervous tonight, with the discussion on the White Truck, when it was apparent that there was somebody there representing it (inaudible). Meridian City Council Workshop February 13, 2001 Page 54 ( \ Bird: There was only about - Corrie: (inaudible) lawyer, and that's when I started getting antsy. Bird: That's exactly what I did. That's when I asked Bill, I said, we're getting - Corrie: (inaudible) Goldberg's attorney. Bird: Did we have some public hearing? He didn't know anything about it. Anderson: Thank you for that brief, briefing there. Bird: Very good, Bill. Very, very good. McCandless: Yes, it was. Corrie: I had a teacher at law. That was very brief about briefs. They made us write long ones. Bird: Council, it's nine thirty-five. Anderson: I make a motion that we adjourn. Bird: Okay. Beg your pardon, Gary? Smith: There we go, sorry. I just need to make one comment. I think that based on the discussion tonight concerning service outside our City Limits, that we're going to see two applications processed through the County for county subdivision. I think that's a definite, definite. De Weerd: By the same applicant? p Smith: Two different applicants. We're going to see on happen south of us, and we're going to see one happen north of us. I've talked to Bill before about it. I have been asked for comment by one developer how I felt concerning them providing their own service for water and sewer. They wanted something in writing. I have delayed, and delayed and delayed and have not offered any written comments to them. I've had conversations with Mr. Nichols about it, and I guess it's his feeling, and I hope I'm saying this correctly, Bill, but if the City is going to oppose this type of development, then it needs to be opposed vigorously and with substantiation. But I really feel, and I can say this in fair certainty, because as I was coming back from the restroom two parties from this one development were conferring and the Ada county reference was made as I walked by, so, I'm almost certain that's going to happen. Bird: Mr. Nichols? Meridian City Council Workshop , February 13, 2001 Page 55 Nichols: President Bird, Mayor and Members of the Council, just to summarize some of my discussions with Gary, I think the Council needs to consider and the Council needs to give us some direction. We don't know, really, what the Council would do with a subdivision application inside the area of impact, that proposes its own water and sewer, if we really mounted a vigorous opposition to it. We've had these subdivisions come up, these developments come up, and this was before the decision. And Shari would want to write a recommendation. They'd want a recommendation, and I took the position on a couple of them that the area of impact agreement set our approval and that it meant approval. And that meant that they had to go in front of this Council and have us say yes, and under what conditions. Then the Supreme Court, in its wisdom, pointed out that there are constitutional prohibitions against extra-territorial exercise of jurisdiction. And really what the area of impact part of the statute means is that the City can make a recommendation to the County, with regard to approval or not. So that cut some of the pins out of my argument. I guess we can look at several things. We can look at on-site sewage disposal, whatever that plan is. How does that impact aquiferred (sic)? Do we ask Idaho Department of Water Resources to get involved or do we ask does the City look into hiring a hydrologist to say, having this above the aquifer has potential for negative impact upon drinking water supply for 'x' number of people. I think the way you take on these guys is to try it. Otherwise, they're just going to say, the City's not going to extend service because we're not contiguous, therefore we want to develop right now~ And Ada County Development Services is telling them they can develop right now, and Ada County Development Services thereby perpetuates their own jobs by getting these application fees and building permit fees and all the rest of it, by approving these urban densities inside our area of impact. Now, if the County Commissioners would say, no we're not going to improve it inside the area of impact, we've got a ten-year agreement with Meridian, they've got a plan to extend urban services to these areas. A ten-year plan to get service to these areas and so forth and we're going to let they try to implement their plan, then we wouldn't have to worry about it. But with the annexation bills in the legislature and. ..1 just wonder what would happen if we really mounted a vigorous defense and went to the County, look we have expended 'x' number of dollars expanding our wastewater treatment plant~ We have a site that's big enough to accommodate a city of 'x' population. We acquired that site, in order to have the capacity to serve the area of impact. We've done this with the digester, and this with the clarifier, and we've got this additional capacity, in other words, we say, look, here's what we're doing, so that we can get it there~ But if you're going to approve all these little sewer districts and all these little things, then we have massively overbuilt our capacity and we have wasted money and the ground water impact and serviced impact~ Is the County Sheriff as able to well police these areas, as an urban Police Department is~ I'll argue that they can't. De Weerd: Well, and creating the pockets that they create by doing that as the city grows into those areas as well. It's a library district and it's roads. The Meridian City Council Workshop February 13,2001 Page 56 ( City looks at its area of impact and tries to plan accordingly for those roads. Those are urban densities that they are approving at the County level. I just don't think that's appropriate. Corrie: let me expound on what Mr. Nichols has said, if I may. I was at the meeting with the Ada County Commissioners and I brought these very things up that Bill... that we talked about, because he asked me to do it. If three commissioners, and I got three different answers. Sharon, can I do this? Okay. Sharon Hullman feels that if it's their property they can do whatever they want to with it, whenever they want to. Roger Simons said, no, I don't like that and I will fight it all the way. I think that we gave Meridian ten years and I think we need to look at those things. Then (inaudible) Kingsford said, weill think that you should do strip annexation and get it there and if the developer is willing to put in the trunk line and put him in there. Then we had our engineer, Brad, said well, the biggest problem is that we don't know levels. He said, I'm not going to sit here and tell you how to put your sewer system in and it's going to fit with our two or three and four miles out. So we did get, absolutely no where, other than Shari and was it Julie? She was the head of their Planning and Zoning. Trisha. Said that they would get together and they would work this out to make sure Meridian was involved in the things. But their attorney, there, was very quick to point out that we don't have to sign the plat anymore. That doesn't make any difference whether we do or not, because it's not part of that judgement that came down. So, again, like I say, three commissioners and three different ideas. So, it all depends on if one (inaudible) do it the other, then we're alright, but I said, we don't want strip annexation. Our attorney tells us that's illegal. Well, Mr. Kingsford doesn't think that was so bad. He'd done it before. I'm not here to judge what he thinks is right or wrong. But we do have an Ordinance that says, and the code says you can't do strip -- go three quarters of a mile or a mile down the road, the strip and then annex them. So that's where they're coming from. So we left that meeting with a kind of an uneasy feeling with what the County commission is going to do. Because Bill asked me, he said, ask the question: What is your philosophy on building outside of our area of impact in the county? And that's what I got, so -- De Weerd: Mr. Mayor, are they saying that they're going to plan our city for us? If it's in the area of impact? Corrie: Roger and Sharon did vote at the county level to say just that. Grant said no. But they were one of twenty-eight of thirty-two that didn't, and twenty- eight did. So, you get so many mixed messages in that room, I almost asked them to make the tape so you could hear it. I still may do that, because they did do that. Nichols: Council members and Mayor, one of the reasons that I'm suggesting that a vigorous offense, if you will, to a planned development of some sort be mounted, is to give the Ada County Planning Commission, the Ada County Meridian City Council Workshop February 13, 2001 Page 57 Commissioners some reason to turn these things down. If we don't give them reason, what's their alternative? But if we've got some sort of issue, with regard to ground water quality. If we've got an issue about how we're going to get service out there within a reasonable period of time, if we've got those sorts of things, then maybe reason will prevail and they'll say, no, we're not going to approve this one. But if we don't try, what are they left with? All they're left with is a recommendation from us for denial. But I'm talking about having people going to the meetings and actually stand up and testify why it shouldn't happen,. Point stuff out. Maybe even go to the point of, if we've got... we supplement the record. We put all this stuff on the record and give them a reason to turn it down. Then if they approve it anyway, maybe we entertain the thought of taking it up on judicial review. Corrie: I agree. I did bring everything that we talked about up. It didn't set that well with them. But if keep pounding and be there and do it, you're right, I believe we can have a better chance at it. I said, the cost, what we're doing, we're putting in the sewer wastewater treatment plant, we're trying to plan, we've put money into the sewer lines, and everything else. I agree with you. If we really go after it, it might help. Anderson: So if we did, like an educational thing with them and we told them all about our plans and the reasons why they shouldn't do that type of stuff. Because that's what I was going to suggest, and having additional meetings with them and trying to educate them about why we don't' want to have those types of projects approved in our area. I guess the ace in the hole that we still have, and I don't know how that plays into it all, is that the water service. I mean, they can approve a project, but we have to allow Boise Water, or whoever they're going to get, to come into our area, because the Public Utilities Commission - De Weerd: No. Bird: Not anymore, Ron. Not anymore. Anderson: When did that change? They have to come into the... get permission to come into a certificated area. Bird: Gary? Do you want to tell Ron? I was under the same assumption that Ron was, but it's not true. They can get their own water. Smith: The utilities company that is regulated by the PUC can make application with the PUC to expand their certificated into our area of impact. We can request notice of those expansion requests by the PUC-regulated utility. We can comment, but it doesn't necessary guarantee that PUC wouldn't approve the expansion of that certificated area. Meridian City Council Workshop February 1312001 Page 58 Anderson: So, do we do that on a regular basis? Can you issue a standing order with the PUC to have them advise you whenever someone is going to come into your area? Smith: Yes. And I've talked to them about that. Anderson: I think we should, and I think like Bill said, we ought to be there and we ought to comment on those. I think that would carry a lot of weight with the PUC. Bird: Gary, one question. Say, a six hundred forty acre development, can they start their own water and get certification or do they have to go into an existing one? Could they start their own water district? Like Boise has Capital water district, Boise Bench Sewer, and everything else. Can they do that? Smith: I can only assume that there is legal authority for them to do that. There's a certain process, I believe, they have to follow in order to form a sewer district, in order to form a water district. And I don't know if there's a limitation as to how much area has to be involved, or not. But there are numerous cases where that has happened. Bird: let me ask you another questions, Gary, and maybe Bill will have to answer it, but, say I put in a six hundred and forty and get a sewer deal and run it through...run my pipe down towards Meridian's waste water treatment plant. Are we required to take theirs? Smith: No. Bird: Because Eagle, you know, sewers into Boise. Their sewer district and I wondered if that was (inaudible). Smith: No, well I think there was problems with that sewer district because of discharge and they had to cut a deal with Boise City to take their waste in order to allow development to continue in Eagle Road Professional Center Nichols: There was a building permit freeze for a period of time because of the inability to sewer any of those new subdivisions. And actually had some subdivisions that were already finished and they couldn't issue building permits on lots because of the problems with the sewer. Bird: Okay. Thank you guys. Any more discussion? If not, I entertain a motion to -- Okay, Ron. Anderson: I'd still like to know where we're at and I'd still like to pursue increasing the mill levy to a four-o. And I don't want to see that die on the vine, ( Meridian City Council Workshop February 13, 2001 Page 59 so I guess I'd like to know where were at on that and what we need to do. Can we make that happen for the May elections or when can that go on a ballot. Nichols: Councilman Anderson, I don't have the answer for you, but I did have my copy of the statute as one of the things to take up as future topics, but we'd probably better take it up on the twenty-seventh as a separate agenda item. And if it take a resolution to do that, I'll try -- I'll do my best to have a resolution in front of you for that meeting, so you can at least discuss it and debate it and look at it. Corrie: The twenty-seventh? Bird: Anything else, Mr. Anderson? Anderson: I have nothing else. Bird: Mayor, how is our financial director - I mean I have all my applicants. Corrie: Yes, we're going to start that in about two weeks to have them come in. Do you want to sit on that examining board? I'll get one Councilperson, I thought the President of the Council. Bird: You mean on the financial? Yes, I've got all the people, yes. Corrie: Okay. You and myself and Pauline and Ken Harwood and Janice. So that - Janice and I came up with three of the same four. So we'll see where yours are and then we'll call them in. Do you just want them to come in? Do you want to pay them anything? Well, we'll discuss that later. Bird: Any other questions? Hearing none, I'd entertain a motion. Anderson: So moved. De Weerd: Second. Bird: Moved and second. We're adjourned. (TAPE ON FILE OF THESE PROCEEDINGS) ~191J ~ ROBERT D. CORRIE, MAYOR 9:57. All in favor say aye. , _ ~ 'I; \, \ '\' \ n t ~ ~ ~ , 1 ! ! it} \, , ' .,...... ~. :..;-.. I j I' , \\\ - C....i :/t!i1':"{::;:r 'II~ ,..~ ""-'- ",;,),. >).. ~.;;:. ,:,\ \- ~---.--....., '''':>.; ""/- $'0 /' O~PC-t~V1 ~vz, ~~ ~ . ~c; '~<) -:. .~ . ~ S ~ % '!'-~ ~ "~..,, f:, L y- E a.i'~,ti ' \ . ,~z. Jl J \ z.<.~Sr 18"\ · .p~ #,...;.!} . ~~ ~~ /f ! f" $''';+ , - :,v l~ I ~~<\'; 1 I~ \,\\' <' l., .,. H ~ MEETING ADJOURNED AT 9:57 P.M. RECEIVED ( JAN 2 5 2001 From the Desk of Larry D. Moore CITY OF MERIDIAN January 23, 2001 fo .fv-l ~ 5wth()- MEMORANDUM WHITE PETERSON ;ity Prosecutor's Office ~. Carlton Ave. Ste. 31 P.O. Box 1150 '~ridian, Idaho 83680 (208) 288-2499 TO: CC: FROM: William G. Berg, Jr. Mayor Robert D. Corrie and City ( Larry D. Moore RE: Parking Regulations Ordinance 1. The enclosed proposal for new parking regulations initiating the position of volunteer parking violation officers and were requested by ChiefW. L. "Bill" Gordon. 2. His request was to draft the necessary ordinances that would allow the City of Meridian to appoint voluntary parking enforcement officers and allow them to issue parking tickets for violations of the current City of Meridian Parking Code. Also, to give to the security officers of the Cross Roads Shopping Center the authority to issue parking violation tickets under the Meridian City Parking Code. 3. The new ordinances allow for volunteers to take over the numerous calls received by the Meridian Police Department which require a uniformed officer to take time out of their busy schedule to investigate a parking violation complaint and issue a citation. The establishment of parking violation volunteers will release on duty officers to take care of the more serious calls and violations and allow for an extension of the Meridian enforcement staff at no cost to the city. As you can see, it is the intent of the new ordinances to establish a protocol for the appointment and training of such parking enforcement officers. Under current Meridian City Code 99 7-2-10 and 7-2-11 there is a defined criteria for the payment and penalty of parking violations which will cover the activities of volunteer parking enforcement officers under these new codes. It should be noted that 97-2-10 will need to be amended to include Voluntary Parking Enforcement Officers. 4. Please accept this memo as a request for these changes in the Meridian City Parking Code to be placed on the next workshop agenda so they can be noticed and placed on the agenda for consideration by the Meridian City Counsil. " La D. Moore Meridian City Prosecutor (Jtel1kptaa Prv t/ {! tulYz/c!J'I"t'p 2-/3'v! a!Lltd~ CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 10 TO CHAPTER 2 OF TITLE 7 AND ENACTING NEW SECTIONS 13 THROUGH 16 TO CHAPTER 2 OF TITLE 7 MERIDIAN CITY CODE TO PROVIDE FOR PARIGNG REGULATIONS PROVIDING AUTHORITY; PROVIDING FOR APPOINTMENT OF VOLUNTEER PARICING ENFORCEMENT OFFICERS; PROVIDING FOR TRAINING OF VOLUNTEER PARI<ING ENFORCEMENT OFFICERS; AND PROVIDING FOR AUTHORITY OF VOLUNTEER PARIGNG ENFORCEMENT OFFICERS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 10 of Chapter 2 of Title 7 Meridian City Code, be, and the same is hereby amended to read as follows: 7-2-10 Parldng Tic]<ets and Procedures: Police officers and Volunteer Parl<ing Enforcement Officers of the Meridian Police Department shall have authority to issue parking ticlcets as follows: A. Issuance Of Parl<ing Citation: It shall be the duty of the police officer and the volunteer parl<ing officers of the Meridian Police Department upon observing vehicle parlced, standing or stopped in violation of the provisions specified in Chapter 1 of this Title to leave upon such vehicle a separate notice for each posted time limit or as frequently as every two (2) hours that such vehicle has been parked or stopped in violation of the provisions of this Chapter or in violation of Chapter 1 of this Title. Among other things, each notice shall bear the date and hour of leaving the same at or upon the vehicle, mal(e of PARIGNG REGULATIONS ORDINANCE - PAGE 1 OF 3 ( the vehicle and its license number, the specific Code section violated and the amount of the fine, instructing the owner or operator of such vehicle to report to the Parldng Control Officer. One copy of each notice mentioned herein shall be filed with the Police Department. SECTION 2: New sections 13 through 16 of Chapter 2 of Title 7 Meridian City Code are hereby enacted to read as follows: 7-2-13 Authority: A. Law enforcement officials and volunteer parldng enforcement officers, employed or commissioned by the City of Meridian, are empowered to enter public property or private property open to public use, to enforce all the provisions of Section 7, Chapter 2 of the Meridian City Code, and are empowered to check personal identification to determine if the user of a special license plate or placard is authorized to use an accessible handicapped parldng space. 7-2-14 Appointment Of Volunteer Parlcing Enforcement Officers: A. The Chief of Police is authorized to appoint volunteers to issue parking violation notices for all violations of this Chapter of Section 7 -2 of the Meridian City Code. Volunteers appointed under this Section and Chapter luust be at least twenty-one (21) years of age and a resident of the City of Meridian. The Chief of Police appointing the volunteers may establish any other qualifications deemed desirable and necessary. 7 -2-15 Training Of Volunteer Parld.ng Enforcement Officers: A. Upon appointment of volunteers by the Chief of Police under this Chapter and Section, the volunteers shall be provided training before being authorized to issue parking violation notices. PARIGNG REGULATIONS ORDINANCE - PAGE 2 OF 3 7-2-16 Authority Of Volunteer Parking Enforcement Officers: A. Any parldng violation notice issued by a Volunteer Parldng Enforcement Officer appointed under Section 7 -2-14 of this Chapter, shall have the same force and effect as a parldng violation notice issued by a City of Meridian police officer for the same offense. Volunteer Parldng Enforcement Officers shall not be authorized to impound any vehicle. SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 4: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5 : SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance tal(es effect. SECTION 6: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ,2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 200 I. Mayor Robert D. Corrie ATTEST: City Clerk z:\ W ork\M\Meridian \Meridian 15360 M\Ordinances City Hall\200 1 Ordinances\Par kingRegsOrdinance.wpd PARIGNG REGULATIONS ORDINANCE - PAGE 3 OF 3 RECEIVED JAN 2 3 2001 interoffice MEMORANDUM CITY OF MERIDIAN To: William Ga Berg, Ira (original) cc: Mayor Robert Da Com nd Council Members From: Subject: Sewer/Water Connection Outside City Limits Amended Ordinance NOa 852 Date: January 23, 2001 Attached you will find the draft of the above amended ordinance a Councilman Bird would you please have this placed on the agenda for the Council's W orl(shop on February 13, 2001 a If you have ~ny questions, please advise mea p.i!.eQiC p{({tX t/h. (lIe WQ1,kJ/~lJ 2-/3-()! C{~~d~ MsglZ:\W ork\M\Meridian\Meridian 15360M\Ordinances City Hall\200 1 Ordinances\BergMayorCouncilO 1230 I.Mem REC E I,~/TF ~.~. JAN 2 3 2001 CITY OF MERIDIAN City of Meridian -City Clerk-Otfic:; AMENDED ORDINANCE NO. 852 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 16 OF CHAPTER I AND SECTION 26A OF CHAPTER 4 OF TITLE 9, MERIDIAN CITY CODE, TO PROVIDE FOR ADMINISTRATIVE AFPROV AL OF LIMITED WATER AND SEWER CONNECTIONS TO PROPERTIES NOT CURRENTLY WITHIN THE CITY LIMITS, AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO: SECTION I: That Section 16, Chapter 1 of Title 9, Meridian City Code, is hereby amended a11d shall read as follows: 9-1-16: Connection to the City Water System Outside of the City Limits: In order to obtain Municipal Water System service to parcells which are either partially or entirely outside of the corporate City limits the following provisions must be cOlTIplied with: A. There shall be an application form which shall provide that the applicant will agree to the terlns and conditions required by this section as a consideration for obtaining such service. The City Council shall establish an application fee which fee shall be based upon various classes of applications as recommended by the Public W orles Director given the amount of staff review required for processing the application. The application form shall specify the legal description of the parcells for which service is being applied, the nalne and address of the legal owner/s of the parcells and purpose of the requested service. B. A completed application must be filed with the Public Worles Department. C. Following the filing of a completed application form and the payment of the application fee the Public W orles Director shall then review the CirCUlTIstances prese11ted by the application i11 accordance with the terms and conditions and regulations of this Chapter as are relevant to the application and which shall also include a review of the effect the granting of the application will have on the ability of the Municipal Water System to provide an acceptable level of service AMENDED ORDINANCE NO. 852 - 1 to developed parcels with existing service within the City limits which shall not be compromised. D. The Public Works Director shall then review the findings and recommendations with the applicant for comment. E. The Public W orl(s Director shall then submit the application and a report of recoffilnendation/s to the City Council regarding the application. F. The City Council, in the exercise of its discretion may either grant or deny the application after review of the application and the report of recomlnendation/s of the Public Worl<s Director. G. In the event the Council grants the application it shall include as a condition that the legal owner/s of the parceVs shall enter into an "Agreement for the Extension of Domestic Water Service Outside the City Limits" [hereinafter in this section referred to as the "Agreement"] which agreement form shall provide that the legal owner/s of the parceVs agree that the provisions of the City's ordinances, regulations, and policies, and inspection fees, which appertain to the regulation, control and use of its domestic water system including hool< up, service fees as apply terms of the "Agreement" and which forln shall also provide that the owner/s of the parceVs agree to the annexation into the City of the parceVs serviced; and the Council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the City limits and to assure that the proprietary funds of the City domestic water service are not used for the extension and or enlargemel1t of the system which conditions shall also be included in the "Agreement". H. The water user of the parceVs serviced pursuant to a granted application under this section shall be considered a user and subject to the terms and conditions of the "Agreelnent" so long as the property being served remains outside of the corporate limits of the Ci ty. I. Notwithstanding 9-1-16 E above, if the requested connection is for a residence, or a multi-faluily residence not exceeding four (4) residential units, and if water service is readily available to the affected parcel without extension of service, then, if the Public AMENDED ORDINANCE NO. 852 - 2 ( W orl(s Director deems it in the best interests of the City to do so, said connection may be authorized by the Public W orl(s Director without action by the City Council. If the Director declines to approve the connection, the request will proceed to the City Council for final decision. SECTION 2: That Section 26A, Chapter 4 of Title 9, Meridian City Code, is hereby amended and shall read as follows: 9-4-26A: Connection to the City Sewer System Outside of the City Limits. In order to obtain Municipal Sewer System service to parcells which are either partially or entirely outside of the corporate City lilllits the following provisions must be complied with: 1. There shall be an application form which shall provide that the applicant will agree to the terms and conditions required by this section as a consideration for obtaining such service. The City Council shall establish an application fee which fee shall be based upon various classes of applications as recommended by the Public W orl(s Director givel1 the amount of staff review required for the processing the application. The application forIll shall specify the legal description of the parcells for which service is being applied, the naIlle and address of the legal ovvner/s of the parcells and purpose of the requested service. 2. A completed application must be filed with the Public Worl<s Department. 3. Following the filing of a completed application forIll and the paYIllent of the application fee the Public Works Director shall then review the circumstances presented by the application in accordance with the terms and conditions and regulations of this Chapter as are relevant to the application and which shall also include a review of the effect the granting of the application will have on the ability of the Municipal Sewer Systeln to provide an acceptable level of service to developed parcels with existing service within the City limits which shall not be compromised. 4. The Public Worles Director shall then review the findings and recommendations with the applicant for comInent. AMENDED ORDINANCE NO. 852 - 3 5. The Public Works Director shall then submit the application and a report of recornmendation/s to the City Council regarding the application. 6. The City Council, in the exercise of its discretion may either grant or deny the application after review of the application and the report of recommendation/s of the Public Warles Director. 7. In the event the Council grants the application it shall include as a condition that the legal owner/s of the parcells shall enter into an "Agreement for the Extension of DOInestic Sewer Service Outside the City Limits" [hereinafter in this section referred to as the "Agreement"] which agreement forIn shall provide that the legal owner/s of the parcells agree that the provisions of the City's ordinances, regulations and policies which appertain to the regulation, control and use of its domestic sewer system including haole up, service fees, and inspection fees, apply as terms of the "Agreement" and which form shall also provide that the owner/s of the parcells agree to the annexation into the City of the parcells serviced; and the Council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the City limits and to assure that the proprietary funds of the City domestic sewer service are not used for the extension and/or enlargeInent of the system which conditions shall also be included in the "Agreement". 8. The sewer user of the parcells serviced pursuant to a granted application under this section shall be considered a user and subject to the terms and conditions of the "Agreement" so long as the property being served remains outside of the corporate lilnits of the Ci ty. 9. Notwithstanding 9-4-26A 5. above, if the requested connection is for a residence, or a multi-family residence not exceeding four (4) residential units, and if sewer service is readily available to the affected parcel without extension of service, then, if the Public Works Director deems it in the best interests of the City to do so, said connection may be authorized by the Public W orles Director without action by the City COU11Cil. If the Director declines to approve the connection, the request will proceed to the City Council for final decision. AMENDED ORDINANCE NO. 852 - 4 (' SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 4: VALIDITY: The Meridian City Council hereby declares that a11Y section, paragraph, sentence or word of this Ordinance as adopted. and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5: DATE OF EFFECT: This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ,2001. Mayor Robert D. Corrie ATTEST: City Clerl( msg/Z:\W ork\M\Meridian\Meridian 15360M\Ordinances City Hall\200 1 Ordinances\WaterSewerHookupOut.ord AMENDED ORDINANCE NO. 852 - 5