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HomeMy WebLinkAbout1999 04-06 / ~. (' MERIDIAN CITY COUNCIL AGENDA TUESDAY, APRIL 6, 1999-7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE CONSENT AGENDA A. APPROVE BILLS: (APPROVE) B. APPROVE MINUTES FROM PREVIOUS MEETING HELD MARCH 16, 1999: (APPROVE) D. APPROVE MINUTES FROM SPECIAL MEETING HELD MARCH 30, 1999: (APPROVE) E. NOTICE TO ADA COUNTY CLERK OF BUDGET HEARING DATE: F. ELECTIONEERING POLICY RESOLUTION: (APPROVE) REGULAR AGENDA APPOINTMENT OF PLANNING AND ZONING COMMISSIONER: (APPROVE THOMAS E. BARBEIRO) FAIR HOUSING MONTH PROCLAMATION: (READ BY MAYOR) APPOINTMENT OF AD HOC DAYCARE COMMITTEE: (APPROVE) 1. REQUEST TO HOOK UP TO CITY SEWER BY YMC, INC: (TABLE UNTIL APRIL 20, 1999 MEETING) 2. REQUEST TO HOOK UP TO CITY SEWER BY IDAHO TRUCKING SPECIALTIES: (APPROVE) 3. TABLED 2/16/99: FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC - NW OF CHERRY LANE VILLAGE NO.1: (APPROVE WITH STAFF CONDITIONS) ( ( 4. TABLED 3/16/99: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS VILLAGE SUBDIVISION: (TABLE UNTIL APRIL 20TH MEETING) 5. TABLED 3/16/99: ORDINANCE # - ANNEXATION AND ZONING OF THOUSAND SPRINGS VILLAGE SUBDIVISION: (TABLE UNTIL APRIL 20TH MEETING) 6. TABLED 3/16/99: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN MILE): (TABLE UNTIL APRIL 20TH MEETING) 7. TABLED 3/16/99: ORDINANCE # - ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: (TABLE UNTIL APRIL 20TH MEETING) 8. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A SIX LOT SUBDIVISION CONTAINING TWO DUPLEXES AND FOUR 4-PLEX UNITS FOR PROPOSED MERIDIAN ACRES SUBDIVISION BY MIKE STIPA - NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4TH STREET: (ATTORNEY TO PREPARE FINDINGS) 9. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR MERIDIAN ACRES SUBDIVISION BY MIKE STIPA - NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4TH STREET: (APPROVE WITH STAFF CONDITIONS) 10. CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A HOME SALON BY TINA SAYKO - 310 E. BROADWAY: (ATTORNEY TO PREPARE FINDINGS) 11. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 9.14 ACRES BY PAUL A. HOFFMAN (PRESBYTERIAN CHURCH) - SW CORNER OF MERIDIAN RD., AND USTICK RD: (ATTORNEY TO PREPARE FINDINGS) 12. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 40.55 ACRES BY MERIDIAN SCHOOL DISTRICT NO.2 - EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB: (ATTORNEY TO PREPARE FINDINGS) 13. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 10.02 FOR PROPOSED YUKON SUBDIVISION BY JAMES AND KAREN HOLLISTER -.. EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB: (ATTORNEY TO PREPARE FINDINGS AND DEVELOPMENT AGREEMENT) ( 14. PUBLIC HEARING: REQUEST FOR REZONE OF 0.578 ACRES FROM R-15 & R-4 TO L-Q FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN - WEST OF NORTH TEN MILE, BETWEEN TETER & MUIRFIELD: (ATTORNEY TO PREPARE FINDINGS) 15. PUBLIC HEARING: REQUEST FOR REZONE OF 1.936 ACRES FROM I-L TO L-Q FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN - NORTH OF FRANKLIN RDt BETWEEN 5TH AVE & BALTIC PLACE: (ATTORNEY TO PREPARE FINDINGS) 16. PUBLIC HEARING: REQUEST FOR VACATION OF INGRESS/EGRESS & UTILITIES EASEMENTS FOR ROARING SPRINGS WATER PARK BY REED BOWEN, JR.- NORTH OF OVERLAND RD, EAST OF BLUE MARLIN LN: (ATTORNEY TO PREPARE FINDINGS) 17. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY ROBIN WALKER D/B/A JUKEBOX PARTY EXPRESS - 821 E. WILLOWBROOK: (APPROVE FINDINGS - DENY REQUEST) 18. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION OF .53 ACRES AND REZONE OF 55.79 ACRES TO I-L BY WILLIAM A. HON (JABIL) - NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY, WEST OF LOCUST GROVE RD: (APPROVE FINDINGS WITH CHANGES) 19. DEVELOPMENT AGREEMENT FOR WILLIAM A. HON (JABIL): (APPROVE) 20. ORDINANCE #818 -- ANNEXATION FOR WilliAM A. HON (JABIL): (APPROVE) 21. ORDINANCE #819 -- REZONE FOR WILLIAM A. HON (JABIL): (APPROVE) 22. FINAL PLAT FOR OLIASON PARK SUBDIVISION BY TONY HICKEY - 603 E. PINE: (APPROVE) 23. APPEAL OF PLANNING AND ZONING COMMISSION'S DENIAL OF COMPREHENSIVE PLAN AMENDMENT BY PINNACLE ENGINEERS: (DENY APPEAL) 24. AMENDED ORDINANCE #_ -- ADD ASSISTANT FIRE CHIEF: (TABLE UNTIL APRIL 20TH MEETING) 25. WATER I SEWER I TRASH DELINQUENCIES: (APPROVE) / { 26~ DEPARTMENT REPORTS: A~ TOM KUNTZ: 1~ DISCUSSION OF REVISIONS TO PARKS AND RECREATION COMMISSION ORDINANCE~ (DISCUSSED) 2. PENNIES FOR PARKS. (VOLUNTARY CONTRIBUTION ON UTILITY BILL) (ATTORNEY TO PREPARE RESOLUTION) 3~ RFP FOR PARKS AND RECREATION COMPREHENSIVE SYSTEM PLAN. (APPROVE) 4. GENERATIONS PLAZA RIBBON CUTTING JUNE 18TH AT 4:00 P.M. B. GARY SMITH: 1. JOE SIMUNICH - SEWER LINE PROBLEM. (WORK WITH ATTORNEY) 2. GRANT OF EASEMENT I BRIGHTON CORPORATION~ (CHECK WITH OTHER CONDITIONS) C. MAYOR CORRIE: 1. FUTURE FOUNDATION. 2. PUBLIC HEARING DATE FOR BUDGET. (SEPTEMBER 2ND AT 6:30 P.M.) D. CHARLIE ROUNTREE: 1. HOUSEHOLD HAZARD WASTE CLEAN UP DAY MAY 8TH. 2. MAYOR I FULL TIME MANAGER. (EXECUTIVE SESSION 4/20/99 AT 7:00 P.M.) E. RON ANDERSON: 1. COST ESTIMATE FOR NEW FIRE STATION. ( \ MERIDIAN CITY COUNCIL MEETING APRIL 6. 1999 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on April 6, 1999 by Mayor Corrie. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree. OTHERS PRESENT: Mayor Bob Corrie, Will Berg, Bill Gigray, Bill Musser, Gary Smith, Kenny Bowers, Shari Stiles. Corrie: The consent agenda tonight is A through F. Is there anyone of the items that you want to have pulled and discussed at a later time? Rountree: Mr. Mayor, I would recommend that we move item E off the consent agenda and discuss that under departments reports for the Mayor. Corrie: Okay any other pulls? Okay, hearing that the consent agenda consists of items A, B, C, D and F. E will be pulled off until the Mayor's report at the end of the meeting. Bird: Mr. Mayor I move that we approve consent agenda items A, B, C, D and F. Anderson: Second. Corrie: Motion made and second to approve the consent agenda with E going to the last of the reports. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: On the regular agenda, I would appreciate it if anybody happens to have any cell phones on that they would kindly turn them off. We had a little bit of a problem in the last meeting and also beepers. It just makes it easier for the people standing up there. They might be nervous enough as it is to have the beeper go off, so I would certainly appreciate your cooperation on that. APPOINTMENT OF PLANNING AND ZONING COMMISSIONER: Corrie: The first item on the regular agenda is the appointment of Planning and Zoning Commissioner. Council at this time I would like to enter the name of Thomas E. Barbeiro as replacement for the vacant seat on the Planning and Zoning Commission. Do you have any questions that you would like to ask at this time? Bird: I have none. Bentley: None. Rountree: Mr. Mayor I guess the only question I would have would be for Tom if he knows what he's getting in for? Corrie: Tom, would you like to say a few words? I think I have an idea what you're going to say. Barbeiro: When you say, "Do I know what I'm getting in for", did you? I come from a family, my brother is the Mayor of a small town in California. My father was the Mayor of a neighboring town in San Francisco. I grew up this whole political system around me where you had so many decisions and no matter what you did, there was always ( MERIDIAN CITY COUNCIL MEETING APRI L 6, 1999 PAGE 2 going to be an unpopular decision from one side or the other. That along with the two Los Angeles telephone books, the stack of material that Will gave me today, I think I got plenty of reading to do. Of course that really is kind of cutting into my cartoon time. Do you have any questions that you wanted to ask of me? Bird: I have none. Bentley: None. Rountree: No. Corrie: Thank you Tom. Bird: Mr. Mayor I move that we approve the appointment of Tom Barbeiro to the Planning and Zoning Commission. Rountree: Second. Corrie: Motion's been second on having Thomas E. Barbeiro as the new Planning and Zoning Commissioner. Any further discussion? Rountree: Mr. Mayor are we assigning seats to those yet? Corrie: Will, do you know - Malcolm do you know what seat that is the number? (Inaudible) Rountree: We were trying to track these appointments. Corrie: I've got the agenda what the appointment date is. If you would like to have it, I'll get that for you. Rountree: I just want to make sure that we've got that in order. Corrie: Yeah, it is. Hearing any other discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. FAIR HOUSING MONTH PROCLAMATION: Corrie: The second item is fair housing month proclamation. I was out at the state house this morning with Dirk Kempthorne and the other Mayors in the area and I'll read his proclamation that was also read by Governor Kempthorne. WHEREAS, April 1999 marks the 31 st anniversary of the passage of Title VIII of the Civil Rights Act of 1968, popularly known as the Federal Fair Housing Act; and WHEREAS, The Idaho Human Rights Commission Act has prohibited discrimination in housing since 1969; and WHEREAS, equal opportunity for all - regardless of race, color, religion, sex, disability, familial status or national origin - is a fundamental goal of our nation and state; and WHEREAS, access to housing of an individual's choice is an important component of this goal, and because housing is such a critical, quality of life issue, the ( , ( MERIDIAN CITY COUNCIL MEETING APRIL 6f 1999 PAGE 3 right to choose where we live is as important as the right to equal education and employment opportunity; and WHEREAS, where we live determines where our children go to school, where our friends are, and cultural benefits we enjoy, the extent of our exposure to crime and drugs, and the quality of health care we receive in emergencies; and WHEREAS, the laws of this nation, our state and city seek to ensure such equality of choice for all transactions involving housing; and WHEREAS, only with the cooperation, commitment and support of all residents of the state can barriers to this and other aspects of equality of opportunity for all be removed; NOW, THEREFORE, I Robert D. Corrie, Mayor of the City of Meridian, Idaho do hereby proclaim the month of April 1999 to be FAIR HOUSING MONTH in the City of Meridian, and I request that every citizen of our great state support and endorse the practice of fair housing and ask all to join in reaffirming the obligation and commitment of fair housing opportunities for all. APPOINTMENT OF AD HOC DAYCARE COMMITTEE: Corrie: Council I have the following people that would like to work on this committee and I have appointed them the ad hoc group here is Tammy Taylor, Kim and Dean Ehlert, Cheryl Seal, Mali Reynolds, Elaine Estacio, Rhonda Williamson, Sue Peck and the City Council member Glenn Bentley. Are those folks here tonight? Some of them are. Okay. Unidentified: We would also like to add Lori on from Prime Time because she has expertise both in Boise and Meridian to get more of an idea so that we have somebody within the daycare (inaudible) giving us a voice of what they'd like to see in areas that need help. Corrie: Okay, what is her name? Unidentified: (Inaudible) Corrie: Okay so we have eight and then the City Councilman. Thank you. Council have any questions as far as this ad hoc committee for the daycare center? Bird: I have none. Rountree: None. Mr. Mayor do we need a motion to _ Corrie: Yes. Rountree: Okay, I would move we approve the list with the addition of Lori Roy to form the ad hoc group to consider and provide recommendations to the City on daycare. (r MERIDIAN CITY COUNCIL MEETING APRIL6,1999 PAGE 4 Bird: Second. Corrie: Motion made and second to approve the list as read with the addition of Lori Roy added to that list. Any further discussion? Bird: I have none. Corrie: Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: We'll be getting with you within the week and Councilman Bentley will be the liaison with the Council and we're well on our way and good luck. I have got a lot of material for you and we'll be giving that to Councilman Bentley and we can go with it. Bentley: Mr. Mayor is Lori here? Rountree: Yeah, she's here. Bentley: I need your phone number. I will be contacting you during the week and we'll set up our first meeting and we'll go from there. The meeting will either be here or in the Mayor's chambers depending on which is available. Thank you. 1. REQUEST TO HOOK UP TO CITY SEWER BY YMC, INC: Corrie: Yes, sir. Swigg: We are here. We'd like to hook up to the new sewer line that's _ Bird: Name. Swigg: Dan Swigg. Hook up to the new line that's running down Lanark Street. It appears that it's almost completed and we're in the process of getting our paperwork for the annexation and zoning change right now. We don't have that at this point, so I have to ask for permission to hook up to it. Bird: Gary, can we ask- Smith: Thank you Mr. Mayor, Councilmen, Councilman Bird. Did I talk to you on the telephone? Okay, he had called and asked about connecting to the sewer and I directed him to send a letter to you for approval since they are outside the city limits. The Public Works Department doesn't have a problem with their request. They have ( MERIDIAN CITY COUNCIL MEETING APRI L 6, 1999 PAGE 5 agreed in their letter as you can probably see to begin the annexation process for the property so that it is part of the City of Meridian. Of course that does two things. One is it helps us as far as our ordinances are concerned and secondly it relieves them of the double assessment charge for being outside the city limits. We didn't talk about water, so I don't know what your status is with water, your situation with water, but- Swigg: When we talked, we talked about if we hook up we would I guess you bill the sewer off the water or a flat rate. Smith: Right. Swigg: Until we get to that point I guess. Corrie: Do you know what point you're at? Are you ready to go to water? Swigg: Not yet. Bird: Is water by there Gary? On Lanark? Smith: It's down in front of the Wheel City where they - they're just east of you or across the street from you? Swigg: Across the street. Smith: To the east a little. It's at that point. Bird: It's up to Van Auker's office, isn't it? Smith: Yeah, it's past Van Auker's to the west I think it's been extended across in front of Wheel City. Bird: 100 yards or so from YMC. Swigg: Yeah, I don't have a clue where that is. Smith: I know one of the things I think was discussed some time ago and I couldn't be sure of this, but there was a fire protection issue that was talked about years ago with YMC, and I don't know. It almost seemed like that they were required to provide fire service within a certain length of time, but I don't have the particulars on that, and I guess that is something that we should research a little bit with the fire department. Swigg: There is a new fire hydrant right across the street that was put in this spring. ( MERIDIAN CITY COUNCIL MEETING APRIL6,1999 PAGE 6 Smith: Okay. Kenny is here and maybe he could - the minute he walks in. We were just talking about YMC Kenny and about fire protection. Was there an agreement some time ago about them providing fire protection at a certain time period? Bowers: Mayor Corrie and Council. When YMC first wanted to expand out there, they did come to the Rural Commissioners and signed an agreement with the Rural Commissioners that they would have water I believe within two or three years. That really expanded out because there just was not any water available and they are finally doing it now; is this correct? Swigg: Yes, there is a fire hydrant on the other side of the street from the main office. Bowers: And Mayor Corrie and City Council, what was the question other than that? Corrie: I guess fire protection. Bowers: They need to hook up to a sprinkler system. Is that the next question? Corrie: We just wanted to see if they were going to put on the water as well as the sewer line if they were going to hook up to water, we were just wondering if the water is out that far. So evidently it is with the fire hydrant right across the street. Bowers: I'm not sure if that fire hydrant will be enough water for their building. I'm not sure. They might have to put another one in. Anderson: Gary thought also Kenny that there might be an agreement with the fire department that when water was available that they would hook up or reassess the hydrant needs, so it's probably something that we need to revisit their flow requirements and occupancies and see where they're meeting the code at this time. Bowers: Mayor Corrie and Councilman Anderson, that agreement was possibly somewhere around ten years ago, so I don't really know for sure what it says at time. But we can sure dig it out and go through that, but I know as soon as water was available, they were suppose to assess it and put in fire hydrants at that time for water flow. I don't know if there was any plans at that time with the fire marshal, YMC and the Rural Commissioners to put how many hydrants to put in or not. I'm not sure on that. Bird: Mr. Mayor I had a question for Fire Chief Bowers. Kenny, why is there so hard to fire I mean for the fire, why do they have to have such stringent things? I mean it's a metal concrete tilled up building with a bunch of steel machinery in it. Bowers: By the Uniform Fire Code, there's a couple of different codes that are a little different in there, and I'm not sure if this building fits that or not. I don't know Keith. I'm MERIDIAN CITY COUNCIL MEETING APRIL6,1999 PAGE 7 kind of caught off guard here. But the size of the building has a lot to do with it. The water flow that we have out in that area or Gary Smith is able to supply us out in that area has a lot to do with it. Also if they do any welding or with torches or cutting that factors in a lot of things too. Bird: Okay you answered by question. Gigray: Mr. Mayor and members of the Council, it would be my recommendation that you might consider and I would defer to Gary on his opinion as to whether or not it might not be a bad idea to table this for one meeting, allow us to staff this to determine whether or not this should include a request for extension of water in addition to sewer and then we can explore whether we would do an agreement as we've done in other cases for the extension of water and sewer outside of the city limits to assure that the property owner agrees to annexation and be governed under the city ordinances as it affects its water and sewer system as we characteristically do, have that all packaged and put together so that the council can consider it at the next meeting because it looks like there may be some issues here with water as well as with sewer that we may not have all the answers to right now. Corrie: Gary, do you concur with that one? Smith: (Inaudible) Corrie: Mr. Rountree. Rountree: I just had a question to the applicant if that was something that was acceptable to them and are you under a particular deadline to get this hookup? Swigg: Well our sewer system we have now is an above ground sand mound and it's in pretty bad shape, and so we're just trying to get this through a little faster than the rest of the stuff just for that reason alone. Anderson: Another two weeks isn't going to make a significant impact. Bird: How far is the sewer along? It looks like they were closing it up. Swigg: Yeah, they're still working right there at Eagle Road and Lanark. Bird: And they're coming down. Swigg: It's been brought up. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 8 Bird: That's what I thought. It's closed up. I don't know why we have to wait two weeks myself. Corrie: You could request - Rountree: Question to Gary Smith. Can you give us a status of the line and whether or not it would be operational in the next few weeks or months. Smith: Mayor and Council, I'm not sure of the exact status of that line. I know they've been out there testing. In fact today they were pressure testing some of the line on the other side of Eagle, the piece heading toward the middle school site. Typically we don't discharge any sewer into the system until it's finished totally so that we don't have to deal with pieces of the system having raw sewage in it and other pieces still being tested particularly downstream pieces. But I think it will be a little while and two weeks maybe even short to tell you that the sewer will be finished and ready for connection by then. Swigg: Right, we just want to have all this ready to go when it's done. Smith: Right. Rountree: Mr. Mayor given that I would move that we table this item and direct the applicant to work with staff on the issue of hooking up to water and potential fire requirements and look at this at our next regularly scheduled meeting which would be April 20th. Anderson: I would second that. Corrie: We have a motion on the floor with a second to table this until the April 20th meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 2. REQUEST TO HOOK UP TO CITY SEWER BY IDAHO TRUCKING SPECIAL TIES: Corrie: A representative here. You've got the yellow Harley. Duncan: Yes, sir. Corrie: Nice bike. ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6,1999 PAGE 9 Duncan: Thank you. My name is Dan Duncan. I'm the owner of Idaho Trucking Specialties and similar to YMC, I'd like to have permission to hook up to the sewer with it's running right down the front of us on Eagle Road. We do have fire. Currently we're running off of Albertson's Fire Systems. Again our building is all metal. (Inaudible) We do have a fire hydrant right in front of our building that is working and operational. I don't believe we have water at this time. We did put in we were forced to put in a brand new well last year, so I would prefer to run off it for a while if that would be possible and go on a flat rate. I've already because they were running right down in front of Eagle Road and right in front of our place I did contact the owner who is putting in the sewer, Ron Van Auker and we did get permission to go ahead and stub in and so we did go ahead and while they were digging it through, we stubbed in and ran it up underneath our fence so if it was allowed we could go ahead and hook in. Similar we are on an above ground septic system that's been there for about ten years since the building was built. It seems to be working fine. It's more of an eye sore than anything. They put it right on Eagle Road and it's kind of an eye sore, so I would like to remove it and hook into the sewer. Bentley: Mr. Mayor, what are your plans for annexation? Duncan: I plan to. We've already been talking to Cheryl with the City of Meridian. She talked to us about the double assessment fees. I guess we kind of left it that if we needed to get annexed into the city, we definitely would. If we didn't I'm not really sure what the preference is there. Bentley: I have a question for Gary. Gary, on the well and the water situation at this site, what is our policy state for the metering? Smith: Well the ordinance says that if public services are within 300 feet of a property that's in the city limits, they are required to hook up within 15 days. We have had properties outside of the city limits that wanted to connect to either sewer or water because of a failing system that they had on site and in the past I believe the Council has allowed them to connect that particular service for that reason. There have been other instances where the Council has required that they also connect to water so that the service can be more accurately measured, sewer service. With the water, it's not a problem because it is measured and we can bill directly what's used, but with the sewer we have to just use the flat rate and figure out what a typical or we base it on our typical residential unit for sewage during the winter and so we just - and we have a few of those presently. Bentley: Are those commercial or residential? Smith: The ones that I can think of are residential. ( \ MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 10 Bentley: That's what I thought. Okay thank you. Gigray: Mr. Mayor, members of the Council, just as advice from your City Attorney in any of these requests it would be my standing advice that we enter into - if you choose to grant these applications, we have kind of a standard form agreement that we propose for the extension of sewer and/or water depending on the action that you take that if you do approve it, we can do this administratively and you can give the Mayor and Clerk authority to go ahead and sign them once they've been approved and signed and approved by staff. The point of this is that at least from my perspective and advice is that a sewer system are proprietary systems. They're governed under the ordinances of the City. Those ordinances protect the use and management of those systems. When you get to areas which are outside of the city limits, your city ordinances no longer apply. And then we have to get into a contract provisions with regards to the severance of service or enforcement actions and so on and so forth, and we try to provide in the agreement that they agree that those ordinances are terms and conditions of the providence of the water and sewer to help protect the system and also provides a continuing permission on the part of the property owner to annexation when it is appropriate. Corrie: Okay, anybody else have anything they'd like to - okay, all right. Rountree: Mr. Mayor, I would move that we enter into an agreement with Idaho Truck Specialties approving the hook up to Meridian Sewer System with the assessment of a double fee. Bird: Second. Corrie: Motion made and second that we enter into an agreement to hook up to the city sewer system with a double hookup fee to Idaho Trucking Specialties. Any further discussion? Bentley: Mr. Mayor are we making this contingent like the rest that upon the annexation that he can - Rountree: Not at this point. Bentley: Okay. Corrie: Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Duncan: Thank you gentlemen. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 11 3. TABLED 2/16/99: FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC - NW OF CHERRY LANE VILLAGE NO.1: Corrie: Mr. Bradbury you're up. Bradbury: Mr. Mayor and members of the Council, my name is Steve Bradbury. I'm representing Steiner Development. I think that we've got everything worked out with staff now. Although I suppose we're about to find out whether or not I'm right. We've thought we've had it and we've had a couple of toe stubbers along the way, but I think we're there now. I don't have any presentation to make. I'd be pleased to respond to any questions you may have although if they're very hard, I probably don't know the answer so take your best shot. Corrie: I believe we were having some additional information clarifications. Shari, do you have any word on this one then for clarification that we were looking at? Stiles: Mr. Mayor and Council, I did receive the house layout plan. We received this yesterday from the applicant. It appears to be acceptable. I would just like to make sure that if the developer sells this off to somebody else and they're developing it, to make sure that the City is not going to look favorably on any variances for these setbacks. Corrie: Council, questions? Rountree: I have none. Gigray: Mr. Mayor and members of the Council, thank you. Just for purposes of clarification if you take final action tonight on this final plat, I just need for purposes of drafting the Order of Approval, I assume subject to conditions. Are there any conditions as a result of this delay that we've had that are not specified that it would be staff conditions that are in the staff report, because I know there's a reference here to or will that take care of it is my question. Rountree: I think the staff report should do it. Gigray: Okay. Corrie: I would think so. Rountree: Mr. Mayor I move that we approve the final plat for the Villas at the Lakes Subdivision subject to conditions of staff. Bird: Second. Corrie: Motion made and second to approve the final plat for Villas at the Lakes Subdivision by Steiner Development with the conditions of staff. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 12 4. TABLED 3/16/99: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS VILLAGE SUBDIVISION: Corrie: Shari, how does that - development agreement been done now? Stiles: I believe the City Clerk would have that information whether it had been returned signed. Corrie: Has it been signed Mr. Clerk? Berg: Mr. Mayor and members of the Council I do not have a signed development agreement. Gigray: Mr. Mayor and members of the Council, I spoke with members of the Clerk's office earlier today. There is some question with regards to the parties that are designated in the development agreement as to why they were included. Those are the persons that were listed as the property owners according to the files and records that I have. There's some indication that maybe one of them is no longer alive or whatever. That may pose some proof of transfer of ownership or whatever, and I assume they are in the process of trying to determine who the property owners are at this point. I did go to Alliance Title to try to see if there was any new information, didn't find any, so I believe the development agreement has been prepared properly at this point, but we'll try to work with the developer to get this straightened out before the next council meeting. If this has not been signed, and I would recommend that you not pass an ordinance of annexation until the development agreement is signed, and I think that's item number five. Bentley: Mr. Mayor I move that we table the development agreement for Thousand Springs Village Subdivision until the meeting on 4/20. Bird: Second. Corrie: Motion's been made and second that we table item number four of the development agreement for Thousand Springs Village Subdivision until April 20th, 1999 meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. TABLED 3/16/99: ORDINANCE #818 -ANNEXATION AND ZONING OF THOUSAND SPRINGS VILLAGE SUBDIVISION: Bentley: Mr. Mayor I move we table the annexation ordinance #818 for Thousand Springs until 4/20/99. Bird: Second. ( MERIDIAN CITY COUNCIL MEETING APRIL 6,1999 PAGE 13 Corrie: Motion is made and second that we table item number 5 the ordinance #818 annexation and zoning of Thousand Springs Village Subdivision until April 20, 1999 meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 6. TABLED 3/16/99: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN MILE): 7. TABLED 3/16/99: ORDINANCE #819 -ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: Corrie: Is this one not signed either? Okay, I think there was also a legal that had to come in on that one. Mr. Rountree? Rountree: If we can't identify that this development agreement has been signed, Mr. Mayor I would move that we table items 6 and 7 until April 20th. Bird: Second. Corrie: Okay. Motion is made that we table item number six and seven which is also the annexation and zoning until 4/20/99. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Rountree: Mr. Mayor just a point of reference I think to the Council and myself is what's the difficulty in getting these signed? Are the developers and owners not liking the development agreements or are they just not getting them back to us or what's the situation? Stiles: We have changed the way we got the signatures on these development agreements. They are going through the City Clerk's office. I believe he sends them out. Maybe Will could address it more if he's getting any response once they're sent out. I don't exactly know what the process is any more on it. Berg: Mr. Mayor and members of the Council I was under the impression that the City Attorney was in correspondence with the developer on these new development agreements since the development agreements themselves come out of the City Attorney's office. Before we had the developer preparing the development agreement and we were checking them off the template as to the specific items. When we get them there is a copy sent to the developer but any correspondence with their disagreement to the development agreement goes to either city attorney or to the Planning and Zoning Department because those are the issues that attach Findings of Fact and Conclusions of Law and our conditions on that development agreement we usually don't have any response to them or ways of changing that or ways of explaining ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 14 ramifications of changing it, so after they are sent to them, we are waiting for their signature and they shouldn't be put even on the agenda unless we have the signature. Bird: So in other words they're coming out of the attorney's office to planning and zoning to you or just to you? Berg: I don't know if Shari gets a copy at all. Bird: They are originating out of the attorney's office, right? After we pass the motion or the deal then the attorneys write the development agreement up and that goes to you to be sent out to be signed? Berg: Yes, I believe so. That's the correct procedure. I don't believe the attorney's office sends them out to - Bird: And when they sign them, do they come back to you, the city clerk's office? Berg: Yes, they come back to me. Bird: Okay well if they don't come back and get them signed, we shouldn't have them on the agenda then. Rountree: If that's the process, then we've got that documented, I would make that suggestion that we don't have them on the agenda until we have them signed. Bird: Until the City Clerk's office has got a signed agreement. Corrie: Okay. Rountree: Mr. Gigray has got more instructions for us. Gigray: Mr. Mayor and members of the Council, I agree with the City Clerk. That is how it is done. We prepare these and then route them to the Clerk's office because they're the keepers of the record. And in this particular instance we had a property description problem and we couldn't even complete the annexation ordinance until that was approved by the Public Works Department and I believe we got that corrected information since this meeting was last so that's straightened out. We prepared a new exhibit to the development agreement with the proper legal, so I think we're just awaiting their signature on it is really the hold up on this one. Corrie: Okay. I will make sure that that's done before it's presented to me, Mr. Clerk. Berg: Mr. Mayor and members of the Council, I have a question to Mr. Gigray. Is it then proper just to have them directly ask you any questions or disagreements they have with the development agreement or should I funnel it some other directions? Gigray: No, excuse me. Mr. Mayor and members of the Council, Mr. Clerk, that's fine and I think that's what your office has been handling those and I appreciate it. Berg: Thank you. Corrie: Okay, any other questions? fcr \ ( MERIDIAN CITY COUNCIL MEETING APRI L 6, 1999 PAGE 15 8. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A SIX LOT SUBDIVISION CONTAINING TWO DUPLEXES AND FOUR 4-PLEX UNITS FOR PROPOSED MERIDIAN ACRES SUBDIVISION BY MIKE STIPA - NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4TH STREET: Corrie: At this time I will open the public hearing and since this was a continued public hearing, Shari why don't you give us the run down of what it is and then we'll have the developer or representative here. Stiles: Mr. Mayor and Council, this was one of the public hearing that was not heard last meeting because of the lateness of the hour. This is for a subdivision at the end of Idaho Street. It is bounded mostly by apartments. There is a little property to the west that is not yet subdivided. They have complied with all of our conditions, have supplied a landscape plan that hopefully is in your packet and staff recommends approval of this subdivision. Corrie: Okay. Stipa: Good evening. I'm Mike Stipa, the owner and developer of the property here in front of us. I'd like to address my comments to items 8 and 9 at the same time since they be virtually the same. As Shari mentioned to you the property is here at the end of Idaho which would be about 4th Street directly west of here. It consists of six lots and the property is zoned R-15. It's vacant land at the present time. Four units that are four plexes and two duplexes, the ingress and egress into each unit can be done in a forward manner by the vehicles. I've tried to work with Shari and the staff here extensively over the last year to accommodate something that would work here on the property. The units themselves would be higher end type units that I have in mind. They all have garages. That's something similar to the elevation that I intend being higher end of garages for each unit. Two bedroom, primarily the duplexes will be three bedroom. There is one issue of the water supply for irrigation purposes and you're familiar with this project to a certain extent. It's adjacent to the Seabury Subdivision that was brought in front of you by Becky of Briggs Engineering and I was here at the meeting on the 16th of February I believe it was and it was left with the water supply was there an issue too for irrigation purposes and the three conditions were left there were either domestic water, Nampa Meridian Irrigation or a shallow well and I'm still working with Nampa Meridian and looking into the other two issues also the other two possibilities at this time. I would request those conditions would apply too if possible. That's about alii have. If you have any questions. Corrie: Any questions? Bird: I have none. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 16 Corrie: Thank you. Anyone from the public who would like to issue testimony in favor of this preliminary plat? Anyone opposed to the preliminary plat? Anyone have no opinion? Neutral I should say. Council any questions on the preliminary plat? I'm sorry conditional use. I'll entertain a motion to close the public hearing. Rountree: So moved. Bird: Second. Corrie: Motion is made and seconded to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Rountree: Mr. Mayor, I move that we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law and Decision of Order that would indicate approval of the conditional use permit for this application, Meridian Acres Subdivision. Bentley: Second. Corrie: Motion is made and second that we order the attorney to draw up the Findings of Fact and Conclusions of Law for the conditional use permit. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 9. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR MERIDIAN ACRES SUBDIVISION BY MIKE STIPA - NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4TH STREET: Corrie: So I'll open the public hearing on the request for preliminary plat. Shari? Stiles: Mr. Mayor and Council the applicant has responded to all of our comments. The Planning and Zoning Department recommends approval of the preliminary plat. I don't know if Gary may have some issues. Gary indicates he has no issues with this preliminary plat. Corrie: Since this is a public hearing, I will entertain the developer if you want to have anything to say. Any other person would like to enter testimony on this public hearing for the preliminary plat? Hearing none, Council questions? Bird: I have none. ( ( \ MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 17 Bentley: I have none. Corrie: Okay I'll entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and second to close the public hearing on item number 9. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: I'll entertain a motion for request for preliminary plat. Bentley: Mr. Mayor I move that we approve the preliminary plat for Meridian Acres Subdivision. Bird: Second, is that subject to conditions? Bentley: Yes, subject to staff conditions and have the attorney prepare the order. Bird: Second. Corrie: Okay motion is made and second to approve the plat, the city attorney to prepare the order subject to staff conditions. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 10. CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A HOME SALON BY TINA SAVKO - 310 E. BROADWAY: Corrie: At this time I will open the public hearing and invite staff's comments. Stiles: Mr. Mayor and Council this is for a one person home salon (End of Tape) Stiles: .. .just across from the BMC West, is that what it is? There was an issue as far as the ramping to provide handicapped access. I don't know if the applicant has considered other ways of maybe providing access to people with disabilities. It doesn't seem real feasible to be able to provide a ramp at least with the way it's presented constructed. It would kind of destroy aesthetics of the home and I don't believe there is MERIDIAN CITY COUNCIL MEETING APRIL6,1999 PAGE 18 probably enough room from the front of the house to the roadway to provide that ramping but she should explore the possibility of that with the building department and see if there's some kind of reasonable accommodation she can make to meet those requirements. There was the issue previously that she had no off street parking available. Her only option would have been to access through the alley and pave a good portion of her backyard. We had met with her and talked about the possibility of being able to use some of BMC's parking and she does have a letter here tonight that they will allow her two parking spaces on their property which would meet the requirements for off street parking. So I guess she has met the requirement on the recommendation to the City Council on page 3 that she would work with BMC West and she has received permission and that the handicapped access meet with the building department's approval. Corrie: Since this is a public hearing would the representative for the conditional use permit like to come forward? Sayko: I'm Tina Sayko. I live at 310 E. Broadway and she said it all. I just want you to waive the off street parking requirement and I will make a portable handicapped ramp like you had suggested before. I just have to get with the building and see how they want me to build it. And you want the letter from the parking thing? Bird: I don't think that's introduced in the record. Corrie: It will be introduced by the Clerk stamp it. Any questions at this point? Bentley: I have none. Bird: I have none. Corrie: Okay, thank you Tina. Anyone else from the public who would like to issue testimony on this request for conditional use permit? Hearing none any discussion of the Council on this? I'll entertain a motion to close the public hearing. Bentley: So moved. Bird: Second. Corrie: Motion made and second that we close the public hearing for the request for conditional use permit for the home salon. All those in favor say aye. MOTION CARRIED: ALL AYES. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 19 Rountree: Mr. Mayor I move that we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law and Decision Order that would support the request for conditional use for the home salon. Bird: Second. Corrie: Motion made and second that we have the attorney do the Findings of Fact and Conclusions of Law in support of the conditional use permit. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 11. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 9.14 ACRES BY PAUL A. HOFFMAN (PRESBYTERIAN CHURCH) - SW CORNER OF MERIDIAN RD., AND USTICK RD: Corrie: I'll open the public hearing and staff report, Shari, Gary. Stiles: Mr. Mayor and Council, I believe the reason this was tabled last time was so they would give the applicant an opportunity to meet with staff and discuss some of the issues as relates to the ordinance requirements. We reached kind of an empass at that meeting that we really don't feel it's a staff decision to negotiate on terms of the ordinance particularly as regards the pedestrian walkways for the requirement for a sidewalk and the tiling of the ditches. Those are ordinance requirements and it would be up to the Council if they want to entertain a waiver of either one of those requirements. The sidewalk I can understand that Ada County Highway District is a little hesitant to require that at this time, because it will require the removal of the existing house, which was a recommendation of the Planning and Zoning Department as a condition of annexation. Our main issue is still with the sidewalk, that is going to be a high pedestrian traffic way with the park going across the street and also it's been obsetved on Sundays that their parking doesn't appear to meet their need, and there have been occasions where people are parked up and down Ustick Road with no walkway. I think that is a safety hazard. As far as the tiling of ditches, anybody else that comes in, they are required to relocate the existing ditches out of the right-at-way out of future right-af-way and relocate those on to their own property. So I guess our meeting didn't result in anything new and it's up to Council to what they deem to be in the best interest of the city. Corrie: Okay since this is a public hearing I invite Mr. Hoffman or his representative of the church here tonight. Hoffman: Mayor, Councilmen, Paul Hoffman, Boise, Idaho. I hope we haven't worn out our welcome. As Shari indicated we attempted to resolve a couple of these issues. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 20 There was a suggestion at the last meeting. I believe Mr. Rountree you suggested or asked the question would the church consider bonding the cost of tiling the ditch. And the answer is yes. In speaking to the leadership in the church, their only concern is with the bond language it's still not absolutely clear to us as to who is ultimately responsible for that, but they would be willing to bond for whatever the full value of that is, that work. As long as you know there's some kind of clarification or stipulation that if it's determined that they're not responsible that that cost would be borne by those who are responsible. The ditch is a tough issue because its need seems to be diminishing over time. I submit to you that there are some fields to the east to us and slightly south that once those are improved that ditch, its need may disappear. The part that serves that comes in there at the intersection of Meridian and Ustick Road, it only serves run off drainage from the fields to the north. So it's difficult to shallow the expense of putting in an 18 inch pipe for 1 ,000 feet when five years from now, it's need could more or less disappear. So anyway that's one consideration. As far as the sidewalks, I think I've shared with you that the church has paid or actually the former owner prior owner of the property posted a - I don't know if bond is the correct term with ACHD. They had a program where you pay for the cost of the sidewalk and they hold it until such time as the road improvements came along, so that remains in place and as far as the original staff recommendations from 3/16, I think we were in agreement to hookup to the water system for the existing two dwellings and I don't believe there were really any other issues other than the sidewalk and the ditch. Corrie: Shari, excuse me, Paul. Did you say they have a development agreement in working or have they not - that was one of the recommendations from Planning and Zoning Commission. Stiles: Mr. Mayor a development agreement has not been developed for this project. Corrie: Council questions? Bird: I have none. Rountree: I have a question, but I'm not sure anybody here tonight can answer it as it relates to the sidewalks and the posting of the bond or prepayment to ACHD for future development. I'm sure Paul can't answer anything as it relates to that. I don't know if Shari or Gary can enlighten us a bit on that at this point. Can we ask ACHD to put the sidewalks in since they've been paid for? Stiles: I suppose we can ask. Typically if they're - we've reached an agreement with Ada County Highway District that if they don't have this section of road within a five year plan a funded five year plan, they will okay the construction of the sidewalk at this time. This is not part of a five year funded project. Their main concern is the responsibility to move the house, which they have some kind of strange agreement that they will do that, ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 21 that they will move the house even though it's already in the right-of-way. It's in the existing right-af-way. So I think that's their main problem, but they are going to have to deal with the issue sooner or later and I just don't understand why they want to put it later. Hoffman: May I interject? While I was visiting with Shari, we did call Larry Sale at ACHD. I asked the question, can we request and receive those funds for the sidewalk and his answer was yes. I would submit to you that the church probably would be willing to do that with the caveat that the house stays. In other words the sidewalk is not going to be able to go all the way to the corner. There's abaut I don't know 40 or 50 feet there that wouldn't be installed, but we could put in the remainder. (Inaudible) Hoffman: We put a door and the building and walk right through it. Corrie: Any other questions of Paul? Bird: Would somebody explain the house deal? Why is - what is the problem with the house at the end and - Hoffman: There's two dwellings on that corner lot. The house that we call the rental house is a smaller building. It extends approximately seven feet into the existing 33 foot right-af-way. When Robert Strausser, the former owner, subdivided the land creating Strausser Farms Subdivision No.2, he entered into an agreement with ACHD and the agreement is very - well it's vague in one sense and it's rather concise in another. It just says the ACHD agrees to bear the expense of moving the house and that's all it says, moving the house that's currently in the right-af-way when the road is improved. Now does that mean moving it to the dump? Moving it to somewhere else on our site? You know whatever, it just means moving it. It doesn't even suggest that they have to pay for a new foundation or a new utilities, it just says move it and I'm sure they would interpret it very - Bird: Just very little. Hoffman: Right and I think that the folks at the church understand that. They made a gamble that they thought that the road improvements probably wouldn't happen for a number of years and so anyway they were banking on that agreement. Rountree: Well knowing Bob, his intent was probably just to have it moved on his property somewhere. Corrie: Any other questions? ( MERIDIAN CITY COUNCIL MEETING APRIL6,1999 PAGE 22 Hoffman: By the way if it is zoned R-4 and maybe I don't understand the zoning, but it could be moved to another location on the same lot and still be legal. Corrie: Thank you Paul. Hoffman: Thank you. Corrie: Anyone else would like to enter testimony on this request for annexation and zoning? Okay. Hearing none, Council discussion? Bird: I have none. Corrie: Let me ask a question Counselor. Do we close the public hearing even though they want to have testimony from the Councilor is the Council part of after we close it they can still discuss it? They just can't ask questions of the people of the public. Gigray: Mr. Mayor, that's correct. The public hearing is for the purpose of (inaudible) evidence. Once you close the public hearing, then you're into deliberation for decision. Corrie: Okay, I'll entertain a motion to close the public hearing. Bird: So moved. Bentley: Second. Corrie: Motion is made and second to close the public hearing on the request for annexation and zoning. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Discussion? Rountree: Where do we go now? Mr. Mayor, it seems to me before we go forward with the annexation and zoning request that we probably ought to fashion a development agreement. I'm sure that's Mr. Gigray's advice to us, and I would throw that's the direction we go that we direct the preparation of a development agreement. That development agreement should reflect certain conditions. In my opinion it should reflect the applicant to seek reimbursement for previously paid monies to ACHD to be directed towards the building and completion of the sidewalks on the site and that the applicant be responsible for bonding for tiling of the ditch at a minimum. I don't have a good solution for the house, but it seems to me that if we could direct the applicant to at least ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 23 negotiate with ACHD on moving the house at this point in time at their expense as they've agreed to, it would probably cost them less to do it today then it will ten or fifteen years from now when they do intersection improvements there, so they may be open to that suggestion as well. Whatever happens there in my opinion the sidewalk should be continuous around that property, and have continuity with the City and the new city park that's going to be developed hopefully in the near future across the street. Those are my thoughts. Bentley: Mr. Mayor I would agree. I would like to see the sidewalks go in and hopefully they get told the proper grades so we don't wind up like we do with so many of these other ones, but wind up a low street grade, and I agree too on the bonding for the ditches. Thank you. Corrie: Any other comments? Bird: I have none. Smith: Mr. Mayor, may I ask a question? On the recommendation of the bonding, is there a time limit that could be tied to that, and I don't know when you say bonding, typically we ask for letters of credit rather than a bond, and if the letter of credit is your intention then there is a time expiration date that's attached to that letter of credit. Bird: That's right and there's a difference between a letter of credit and a bond. Smith: Yes, sir. I know that what Mr. Hoffman's argument is very rational, but the timing of all of that is like the word temporary, it's kind of unknown. I just don't want to want this thing to get lost and I'm afraid that's will happen over a period of time, because I don't think that's going to happen, the development of that property to the east is not going to happen in the very near future. I don't mean to complicate the issue, but I really feel like it should have some kind of a time schedule put on it and perhaps if a time was attached to that letter of credit, then that time could be extended at the time that that letter of credit comes due. Thank you. Corrie: (Inaudible) (Inaudible) Bentley: Mr. Mayor I move we reopen the public hearing. Bird: I second it. Corrie: Motion made and second that we reopen the public hearing. All those in favor say aye. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 24 MOTION CARRIED: ALL AYES. Corrie: Okay, reopen the public hearing. Paul, you heard the comments. Bentley: Before that Mr. Mayor question for Counselor. Do we have to move to have Gary's comments entered into the public hearing? Gigray: I think it would be in good form to do so. Bentley: Mr. Mayor I move that we receive Gary Smith's testimony on the ditches into the public hearing for record. Rountree: Second. Corrie: Okay the motion is to enter Gary Smith's comments into the public record. All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Okay Paul. Hoffman: I would be interested in hearing Mr. Gigray's opinions about the differences between a bond and a letter of credit. Personally I'm not sure I understand in fact I know I don't understand what those differences are. I have a somewhat rudimentary understanding about what a bond is. In fact I was involved with some developments that had a bond set aside for improvements similar to this. I believe it had a three year duration so if somebody has some expertise so that I can share that with the owners. Corrie: Do you want the long version or the short version? Hoffman: The short version is fine. Corrie: (Inaudible) No offense taken Bill. Mr. Gigray I'll let you answer this one. Gigray: There's a difference. Corrie: Does that help you out Paul? Okay we have a - moderate then Mr. Gigray. Gigray: A letter of credit is based on funds that the church would have at the bank. Those funds could be drawn upon by the City if there was a failure on the part of the developer to meet the conditions. If it's a bond, it is written on an insurance company. The insurance company bonds itself up to a certain amount. It will require the church to ( I ( MERIDIAN CITY COUNCIL MEETING APRil 6, 1999 PAGE 25 provide it with probably evidence of assets sufficient to cover the bonding company for any payment it might have to make. It's more difficult to collect because you go through kind of an established procedure to collect on bonds, and I would agree with Gary that letters of credit are preferable because they do, they pay right away. Hoffman: But if I understand you correctly in essence let's say we're talking about a $20,000 worth of improvements. You have to set aside $20,000 and you can't touch that. In other words, it's like you've got to hold that aside you can't do anything with it. Is that what I am hearing? Gigray: Mr. Mayor and members of the Council if you wish me to answer that question, that would be a matter of which one would have to negotiate with the bank upon conditions of which it would issue a letter of credit. My experience with banks which have done this in the past and it's been on numerous occasions is that they usually will provide this kind of opportunity to their customers who have sufficient assets or business with the bank they're willing to do that. It is a vehicle available particularly to those who have funds in banks which are on deposit regularly who have them for investment purposes or otherwise, and they just as long as the fund aren't drawn on, they're getting interest on their money. Hoffman: Weill certainly can share that if that's a stipulation. We discussed specifically bonding the word. If the Council sees fit that they would prefer a letter of credit, I can share that with the leaders of the church and see how they want to proceed. Thank you. Bentley: Mr. Mayor I move we close the public hearing. Bird: Second. Corrie: Motion is made and second that we close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Anyone ready to tackle this one? Bentley: Mr. Mayor point of discussion. Since Mr. Hoffman needs to go back and check with his people on this, do we want to go ahead and move this procedure forward and just hold on to it once we get the development agreement established or do we just want to table this until we get some response back to Mr. Hoffman? MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 26 Rountree: Mr. Mayor, I would suggest that let's move forward with the development agreement. He'll then have that language to discuss with his clients and we can move it on getting some lip service down there, and findings. Corrie: I'll entertain a motion to that effect. Bentley: Mr. Mayor, I move that we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law on the annexation and zoning for the Presbyterian Church and Mr. Paul Hoffman and prepare the development agreement. Bird: Second. Corrie: Motion made and second that we instruct the attorney to draw up the Findings of Fact and Conclusions of Law on the annexation and zoning and prepare the development agreement with the Presbyterian Church and Paul A. Hoffman. Any further discussion? Gigray: Point of clarification if I might Mr. Mayor. Does that include in the conditions as were outlined by Councilman Rountree with the letter of credit? Bentley: Yes. Bird: Yes. Corrie: I would think so. Do we all agree on that one Council? Bird: Yes. Corrie: Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Thank you Paul. Bentley: Mr. Mayor I move we take a ten minute break. Bird: I second it. Corrie: All those in favor say aye. MOTION CARRIED: ALL AYES. (TEN MINUTE RECESS) MERIDIAN CITY COUNCIL MEETING APRIL 61 1999 PAGE 27 12. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 40.55 ACRES BY MERIDIAN SCHOOL DISTRICT NO.2 - EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB: Corrie: At this time I will open the public hearing and invite staff comments first. Shari or Gary. Stiles: Mr. Mayor and Council this is for a property north of Summerfield Subdivision and east of Locust Grove Road. The Meridian School District would like to build a charter high school. There has been a little bit of misunderstanding with the public as the Comprehensive Plan does identify a technical school, but this charter high school was not even thought about at that time. The legislation was not in effect when the Meridian Comprehensive Plan was developed. The technical school that is referred to in the Comprehensive Plan is being constructed in Boise City and that was the motor repair more of a auto repair, welding, that kind of a school. This school is going to be a professional - more geared towards professional business as far as computers, web site design. I'm sure they'll explain that more to you. The application, the public hearing just after this is the property that is currently contiguous to the City of Meridian. So as a condition of this request for annexation, the Council will need to first approve the annexation of the property just south of this property. But with that we have reviewed the requirements with the applicant, and they have indicated that they will comply with all our ordinance requirements and they can give their presentation. Donnell: Mr. Mayor and Council, I'm Christine Donnell, Superintendent of the Meridian School District, and staff has very clearly defined what our request is for annexation. Based on our desire to construct a charter high school on that property, we have proceeded through the planning and zoning process, and have received approval. We did hold a public hearing at their request as we realized neighbors were concerned about what we were doing on that property. We have been sensitive to the neighbors' requests in terms of landscape, berming and lights on that property and we really urge your consideration of this property as we are under a very tight time line. We'd like to open this by the fall of - this fall, '99. So we are under a very tight time line. We have with us tonight our architect who would be happy to share with you the building design and any other issues that you might have, questions, and we also have two members of our design team for the charter school that can more clearly articulate what this school is about so with that we'd be happy to answer any questions. If you'd like I'll turn it over to Wayne Thowless of Leatham and Krohn to talk about and show you the plan design. Thowless: Mr. Mayor and members of the Council, the request before you is annexation of approximately 40 acres on the east side of Locust Grove. The School District's plans for the property in the immediate are construction of one approximately ( MERIDIAN CITY COUNCIL MEETING APRIL 61 1999 PAGE 28 16,000 square foot charter school building. The long range plan for the property is additional buildings on the site to create a small campus as the school grows and as programs are added to the school. I'd be happy to answer any questions about the design, but on the site plan up there, I realize it's kind of small. The first building that will be constructed is shown there in the southwest corner. It's the building that's shaded and you can see other buildings that may follow in the future shown also. That's the proposed design of the initial building and site plan of that approximately three and half, four acres in the extreme southwest corner where that first phase building will go. I do have two questions or need for clarification with regard to two of the conditions of approval that I'm in receipt of. And would appreciate some clarification on these as well as any questions or comments that you may have regarding the project or the design. Under conditions of approval, item number 1.4 talks about tiling of ditches that are on the property. Along the north property line of the site is a ditch which serves properties further to the west on the west side of Locust Grove. I'm going to go back and change to the site plan to the entire site. The ditch runs the entire length of that north property line which is the property line at the top of the site on that drawing, and of course one of the city's standard requirements is that ditches be tiled on property that's developed. As I mentioned earlier the School District's initial plans for development are just several acres in the extreme southwest corner and for the foreseeable future, the intent to continue to lease as pasture or farm land the most of the balance of the property so the School District would respectfully request that the requirement for tiling that ditch on the north property line be deferred until further more extensive development of the property where students and other uses are in closer contact with that ditch and that farming or grazing on that property has been suspended. The second request for clarification has to do with requirement 1.6 which states that well number 18 needs to be on line prior to any more development in the subject pressure zone of which this property is a part as we understand. As Christine Donnell just mentioned, the School District is on quite a tight time frame with this project and we would actually like to be applying for a building permit early next month on this property, subject to some approvals from the state and ACHD. The building will not be occupied until at the earliest September of this year. In conversation with Gary Smith, he indicates that it's anticipated that well 18 will be on line by around the first of August. So the question is will the City permit this project prior to that well being on line since it will not be occupied until after the well is due to be on line. So those are the two areas that the School District needs some clarification and I would stand for any questions you might have. Bird: Mr. Mayor, I got two questions. How much of that Wayne outside of the site that you're going to build right now, how much of that is going to be left to be farmed and everything even in your site development program you said four or five years before they go on before you start developing the other buildings or how much more will that be not - will be left in farm ground and whatever? Not just the east side but how much ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 29 of the north end from the new school? How much of that site right now are you going to develop? Thowless: Just this quarter right here. Bird: And the rest of it is going to stay farm ground so that ditch has nothing to do with it. Thowless: That's correct. The District does not have a specific build out time frame on further development of the property. Bird: And there is an existing well on that property now, isn't there a water well? Thowless: I can't recall to be honest. Bird: For fire, I'm thinking about the permits down the line here in a month. I know what we're going to run up against there if they don't have some water on the site. Maybe Gary can answer that. Smith: Mr. Mayor, Council members, Councilman Bird, water line has been extended in the Summerfield project to the northwest corner of that subdivision which is the southwest corner of this phase of development. I was just speaking to Fire Chief Bowers and it may be necessary for the School District to install a fire hydrant at that corner in order to facilitate their construction. Thowless: Mr. Mayor and members of the Council, our engineer is working on a water line extension which will provide water to a fire hydrant on the site and that is underway as the design of that is underway as we speak. Bird: I just don't want you to have any problems when you come in and get a permit. Corrie: Any other questions? Thowless: Thank you. Corrie: Anyone else would like to issue testimony on this annexation and zoning request? Donahue: Beverly Donahue, 3775 N. Locust Grove. I'll be right across the street from this school. I was never invited to this meeting that everyone had, so this is new to me today. I went down to kind of get some information, and a few concerns I have with the school is I wanted to know how close it was going to be to the road, and then I also wanted to know where the entrance way was going to be so the driveway is not hitting (' -, MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 30 my house when the kids are coming and going from the school, but they said 300 feet so I'm trying to get a picture of this. Bird: Can we see the site plan again? Thowless: The building will sit back approximately 250 feet from the property line on the east side of Locust Grove. Donahue: So is that on the side of the berm? Behind the berm? Thowless: Behind the berm 250 feet. Donahue: Okay. Thowless: We have been in intense negotiations the last couple of weeks with ACHD over the position of what will ultimately be two to three driveway entrances to the property over time as further development occurs where those driveways will occur. ACHD requires that either the driveways be aligned with driveways across the street or be offset by a certain distance based on the speed limit. Based on where this first phase building is going, our current thinking is that it should be at this location as shown on this plan which is across the street from your driveway. The option would be further up Locust Grove which I gather would be your preference. Donahue: Well yeah our neighbors, they have Summerfield Subdivision and all the exits go straight into their living room. They can't even watch T.V. which you know they were there first. So nothing has been set in stone where the driveways are going to go yet with ACHD? Thowless: We're still in the process of negotiating that. Donahue: Okay, can I also be invited to those meetings just to have my voice in it? Thowless: Their hearing on the matter already occurred. They've stipulated their perimeters and at this point their perimeters to the School District and us as the architect is either to align with driveways across the street or to offset by their required distances. Beyond that, they're not taking a position on it. They're giving us those two options, so we would be happy to entertain your concerns and discuss the matter with you further. Donahue: Well you know I'm looking for future if this school goes to 1200 kids, and they all leave the school, that's 1200 cars I could have aimed right at my house twice a day and that is a major concern where (live and for my safety. Also my other concern was when we built Summeriield there were a lot of things that were promised that never (' MERIDIAN CITY COUNCIL MEETING APRIL 61 1999 PAGE 31 happened and my concern is now we're moving down farther with the School District. We were suppose to have sidewalks which we do have put in, but we never had the bike lanes put in and if the School District is only going to go in shifts, how about the kids that are coming from the north? There's no bike lanes, no sidewalks. How are those kids that are 9th grade or 10th grade going to be able to get access to that school walking on the side of the road? And I know it's probably another concern with ACHD because our kids safety should come first, because I can't even walk down the side of my road. Thank you. Corrie: Thank you. Anyone else would like to issue testimony? Yes, sir? Davis: My name is Tom Davis and I live at 2740 E. Ustick Road, Meridian. I own the property that is east of the School District's and also Hollister's and also Summerfield Subdivision, and I testified at the last one, and the school they recommended two different fencing. I asked for a six foot chain link fence to keep some of the building construction and stuff because when they built Summerfield, we've been picking up building material and plastic bags and everything else out of our agriculture fields for three years and nobody has ever offered to help, and I got to keep it out of there because I have a grade A dairy and anyway they gave him two alternatives and the one on the property line is the one I prefer between the school property land and my land, and they wouldn't let me testify when Mr. Hollister came up the first time and anyway that all hooks together and we were requesting a chain link fence from the corner of Summerfield all the way back to the north property line of the School District. If you have any questions, I'd be glad to try to answer them. Any questions? Bird: I'd like to see him point out on the site the site where his place is and what he's talking about. I think I know, but I'd like to know definite. Are you talking about the northern boundary there where the ditch runs? Davis: This line here is my property line and then Mr. Hollister's is right here and Summerfield is right here. I requested a six foot chain link fence across here and in those recommendations there, they gave him an alternative I believe of putting a chain link fence some place here; wasn't it? Then over to Mr. Hollister. I would prefer to have the fence on the property line, because like they said later this piece of ground here may turn into a soccer field or a park or something and from the building site the people that come to work the construction come to work and stuff with their lunches and everything, the wind comes from the west and like I said we've been trying to keep building material and plastics and tinfoil and everything else out of there. (End of Tape) Davis: ... if you go out there right now, there is an (Inaudible) there and there is plastic bags all over that infield right now. ( , MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 32 Bird: They haven't even started any construction that is coming from Summerfield? Davis: Well, I don't know where it's coming from right now. Summerfield is pretty well built. It's slowed down. I-we don't have to pick up as much stuff now. I suppose it does come when the wind blows that way. I don't know where that comes from right now. Bird: I have no other questions. Corrie: All right, thank you Tom. Anyone else like to issue testimony? Okay, would you like to answer that question about the six foot fence on the north or the east side property? Thowless: As I understand the way the two options were written in the staff report as conditions of approval. The first option was that fencing be required from the northeast corner of the property to this southeast corner along this property line dividing the schools property from the bulk of Mr. Hollisters and then from this property corner down to this southeast corner of the school site, so these three legs of the property. The alternative given was to negotiate with Mr. Hollister to run the six foot chain link fence from here to here and then the length of his east property line that is contiguous with Mr. Davis's. We have not entered in to any negotiations with Mr. Hollister regarding fencing behind his property at this time. We don't see any need to do that, unless it would be strongly felt that that would be preferable. We believe that we can meet the requirement set by P & Z by fencing on our own property. Corrie: Okay, since there is no other from the public who would like to testify, I'll entertain a motion to adjourn the public hearing. Bird: I'll move that. Corrie: Motion is moved, do I hear a second? Bentley: Second. Corrie: Motion made and seconded that we close the public hearing on Item No. 12. All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Discussions? Bentley: Mr. Mayor, question for staff. Gary, have you got a firm date on Well 18? ( j MERIDIAN CITY COUNCIL MEETING APRI L 6, 1999 PAGE 33 Smith: They are finishing up the drilling clean up right now on the site. The contractor is poised and ready to get started on the well house, they're anticipating somewhere around 120 days to complete that project, so that puts it at the middle of August. Bentley: Thank you. Corrie: Other discussion? Bird: I have none. Corrie: Recommendation to the City Council from the Planning and Zoning, how do you wish to... Rountree: There is a couple parts of this recommendation that I think need to be cleared up. One was pointed out by the applicant on page 2, item 1.4 talking about the tiling of the ditch. I can understand their desire to keep that open for some point in time, we need to come up with some kind of a factor that would accommodate that. I don't know if its until such time is the development is complete, or until such time as 50% of the development has gone forward. That's something that we need to discuss and modify. The other thing item 1.8 on page, I guess it's page 4, 1.8A. It's very unclear to me what that says (Inaudible) testimony that the applicant gave. I would suggest that we strike the first part of that first paragraph because it seems to me that it's unclear that or there is two options in the first option. One would be to fence phase A or the first building or permanently fence the property and then the other option of 1.88, so I think that point needs to be clarified. My preference would be to have a permanent fence established on the property line at this point, for discussion. Clarification for me from city attorney that we would need findings and ordinance and are we looking at a development agreement for this? I don't think we need one. Corrie: Mr. Gigray? Gigray: That's a matter of your discretion. I didn't see any requirement or request by the Planning and Zoning Commission for development agreement either as far as articulating a reference point by which would precipitate tiling of the ditch, as a matter of council to the mayor and council. I would recommend that you might consider development on a certain portion of the parcel so that we know when it applies and when it doesn't apply. It would appear to me looking at the site plan that if you could draw a line through the middle of the parcel if there were development on the north half of the parcel, that would be development that would be in closer proximity to that ditch that might effect that and if they develop on the south side, wouldn't require it. That would be easy to write as a condition. ( MERIDIAN CITY COUNCIL MEETING APRIL 6y 1999 PAGE 34 Corrie: Discussion on the question Mr. Rountree? Rountree: I guess a procedural point then. Would we then need to modify these recommendations made by P & Z and then incorporate those into the finding? Gigray: We will prepare new findings for your consideration. It will incorporate these conditions and if you direct me to modify certain conditions, I will do so and then you will have the findings as well as the ordinance of annexation for your consideration at the next meeting. Bentley: I've got a question for Charlie. On your fencing, are you talking-your preference is to fence the entire property? Bird: No, no. Rountree: The eastern side that abuts the Davis property. Bird: You are not going to include the Hollister side, back on that corner? Rountree: I would call that the east side of the property line (Inaudible). Bird: North of Hollister and the east side of Hollister? Rountree: Um-hmm. Bird: You are counting the little jog? Rountree: The zigzag or jog, or whatever you want to call it that would constitute the entire eastern boundary of that property would be chain link fence to the height of six feet. Bird: Northern (Inaudible) boundary too of Hollisters. Rountree: But that's Hollisters property. I'm talking about the school district's property. Bird: Okay, east end of the school districts property. Bentley: Mr. Mayor I also would be in agreement that we draw a line as the city attorney stated on the tiling of the ditch, draw a line to the middle of the property then proceed north and then the tiling begins. Rountree: I move that we instruct the city attorney to prepare Findings of Fact and Conclusions of Law to incorporate the recommendations of Planning and Zoning with ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 35 the modifications of item 1.4 as it relates to irrigation ditch tiling and align the established approximate center on a west-east basis that any development north of that line would require the tiling of the ditches any development south of that line ditch tiling would be deferred and that item 1.8A be modified and it be clear that the option is the fencing of the entire eastern boundary of the school district property. Bird: Second. Corrie: Motion made by Mr. Rountree seconded by Mr. Bird to direct the city attorney to draw up the Findings of Fact and Conclusions of Law with the modifications stated on record. Any further discussion on the motion? Hearing none, all those in favor of the motion as stated? MOTION CARRIED: All ayes. ITEM NO. 13: REQUEST FOR ANNEXATION & ZONING OF 10.02 FOR PROPOSED YUKON SUBDIVISION BY JAMES AND KAREN HOLLISTER: Corrie: So we will have item no. 13 as a continued public hearing. 1 will open the public hearing back for the continued public hearing and Shari do you want to give us the run down real quickly and then Mr. Hollister or Mrs. Hollister, either one. Stiles: Mr. Mayor and council you have heard quite a bit about this property already, as a condition of this annexation I think that we should include that the east property boundary of this property also be fenced prior to any construction on any of the schools property. We have received a letter from Mr. Hollister and I would like to clarify for the record that the City of Meridian did not request this annexation, it was required in order for the school district to be contiguous to the City of Meridian, but just to make sure that everybody understands that the City of Meridian did not request this annexation to be submitted. Other than that, there are no plans for a subdivision, it was a little confusing because it has been advertised as the Yukon Subdivision, it is only a request for annexation and zoning, there is no subdivision request at this time. I believe the name Yukon Subdivision was part of a previous application in the county for some kind of a subdivision of the property, but no plans have been submitted for any subdivision and I guess I'll let the applicant or his representative make any presentation that they have. STILLMAN ANDERSON, LEATHAM & KROHN. Anderson: The Hollisters are requesting clarification on item 1.5 of the recommendations that are on page 4. As they are not planning on a subdivision or doing any development at this time, their concern is do they have to tile any of the ditches or drainage that crosses their property? Also, under Planning and Zoning Commission further advisement on 1.8 they are in opposition to a five foot buffer planter MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 36 strip along their (Inaudible) in access of 1500 foot private driveway. They feel that the reason that was requested by some of the residents of Summerfield Subdivision was that they were quite concerned with what the school property was going to be developed into, what the school is going to look like. They were concerned that they would not have a say. So they felt that if they could get some landscaping between their property and the school district property then they would not have to look at whatever is there. That is one reason that it was requested that their annexation be after the schools so that it could be pointed out that between the south property line of the school district property and the building, there are three lines of landscaping. To put another requirement for the Hollisters to have landscaping along their driveway they feel is in excess. I'm sure that Mr. Hollister will have something to say about a six foot fence along his eastern property, but as that was not part of the information presented to us, that was not discussed with him prior to this meeting. Corrie: Any questions? Anyone else like to issue testimony? TOM DAVIS, 2740 EAST USTICK ROAD, MERIDIAN, ID. Davis: I have the property as I was just up here-east of the Hollister property. We filed the letter with Planning and Zoning Commission requesting a fence at that time, so I think he has, he did know that we were requesting a fence. An R-4 means to me anyway, means that it could have houses on it. That was one of the reason if the school fence comes down to his property line, I urge you to have him put the fence on from the schools property line to Summerfields so we will have a way to block the building refuge and stuff from the school or any other papers and stuff. That's all. Corrie: Anyone else like to issue testimony at this time? Hearing none. I'll entertain a motion to close the public hearing. Rountree: Mr. Mayor, I have a question that we may want the answer in the record before you move to close the hearing. It's a question for council, it may not need to be on the record, but I need-the suggested change from the applicant about the five foot minimum buffer planting strip that is included in the recommendation from P & Z. If we were to entertain removing that recommendation, would that constitute a significant change as the result of the previous public hearing. I don't see any of those folks here this evening and I don't know if they are working on the presumption that that is a done deal. They are going to have a five foot buffer and if we were to do something this evening that would change that are we procedurally in error? We do-we are having a public hearing tonight to receive that testimony. Where are we with that? Gigray: In my opinion it's not a major change, if you were to reject the recommendation of the Planning and Zoning Commission and say that you want a zone that something MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 37 else, rather than what they have recommended, I would say absolutely, you would have to-you are not changing the application. Rountree: Okay. Gigray: I think you would be in your (Inaudible) to do that. Rountree: Thank you. Mr. Mayor I move that we close the public hearing. Bird: Second. Corrie: Motion made and seconded to close the public hearing. All those in favor say aye. MOTION CARRIED: All ayes. Rountree: Mr. Mayor, as the applicant indicated, they would like some immediate relief from tiling ditches with this annexation I would suggest that we could put it in language that would defer that until such time as development occurred. Per the other suggestion that was made by the applicant on Item 1.8, the buffer planting strip-I have a hard time saying what advantage that is going to be to anyone other than it's going to be-it could be more of a detriment than a positive statement if it's not maintained for that many feet by one private individual, and that could very well happen, so I would be inclined to strike that particular provision. Bentley: Mr. Mayor, I would concur, I don't see the use of that planting strip at this time. I think if something needs to be addressed later, when they come back with some form of development then we could address it at that time. I also agree with putting off of tiling ditches until come forth with a plan. Corrie: (Inaudible) condition on this later? Bentley: That's correct. Gigray: I would advise-the council has a good question by Councilman Rountree, I was just telling Councilman Bird that since this particular applicant is not in the process of any particular development, if you were going to impose any conditions upon annexation I think we would need a development agreement in this matter, otherwise it's just zoned and they are off and running and I would prepare a development agreement with those changes. ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 38 Bird: I move that we instruct counsel to Findings of Fact and Conclusions of Law and Decision of Order and a development agreement for the Yukon Subdivision by James and Karen Hollister for annexation and zoning of 10.02 acres. Rountree: Second. Corrie: Okay, motion made by Mr. Bird, seconded by Mr. Rountree to direct the attorney to draw up Findings of Fact and Conclusions of Law with order for the annexation and zoning of the Yukon Subdivision. Is there any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: All ayes. Gigray: A point of information, with that motion I am not including a lands-a buffer and the tiling, until development otherwise occurs on that property. Corrie: Along with a development agreement. ITEM NO. 14: PUBLIC HEARING: REQUEST FOR REZONE OF .578 ACRES FORM R-15 AND R-4 TO L-Q BY THE CITY OF MERIDIAN: Corrie: Open the public hearing for item no. 14. KENNY BOWERS, 33 E IDAHO, MERIDIAN, ID. Bowers: Mayor Corrie and City Council, by our Comprehensive Plan a fire station does not fit into this area that was zoned. So we discussed it with Shari and she suggested that we go L-O in this area for rezoning. This is the property on Ten Mile that was donated to us by Mr. Teeter. We've looked through all the comments and we don't have any problems at all with any of the comments. This is the property that we want to build a substation on that the building will look like a house on one end with an oversized garage on the other end. Are there any other questions? Anderson: How are you coming on getting the water and sewer stubbed to that property before they overlay Ten Mile Road? Bowers: I've got one bid in today, I'm waiting for the other bids so we should be able to-as soon as we get the bids in probably be able to do that at the end of this month, bring in the water and the sewer. Bird: Is it going to come across the street for water and sewer? Rountree: It's in the street. ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 39 Anderson: It's in the street. Bird: That's what I thought. Anderson: If we don't get it done now we're... Bird: I misunderstood you, I thought you said under the street, I'm going I thought it was in the middle of the street. Corrie: 15 there anyone else from the public who would like to issue testimony on item no. 14 for the rezone of the Meridian Fire Station for the City of Meridian? Okay, hearing none. Bird: Have you had any questions asked... Gigray: Point of information, I would suggest that you might get clarification from staff regarding a comment about the Comprehensive Plan because you can't zone unless there is a consistency of the zone with the camp plan and I think that the chiefs comments were probably more directed toward the prior zoning and the potential use rather than the camp plan, but I think that would get that cleared up. Corrie: Staff? Shari? Stiles: Yes, it was the zone that didn't permit pubic uses, even with the conditional use permit. As the fire station sites are in a generalized location only, as far as the (Inaudible) purposes, there is a proposed fire station shown just a quarter of a mile north of this site. So it is in accordance with the Comprehensive Plan. Bird: Thank you. Corrie: Thank you Mr. Gigray, my oversight Bird: Do you want us to close? Corrie: Yes. Bird: Mr. Mayor I move that we close the public hearing. Rountree: Second. Corrie: Motion made and seconded that we close the public hearing. Any discussion? Hearing none, all those in favor say aye. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 40 MOTION CARRIED: All ayes. Anderson: I would make a motion that we approve the rezone for the .578 acres for the fire station on North Ten Mile. Bird: Second. Anderson: And direct the city attorney to prepare the Findings of Fact and Conclusions of Law and the decision of order. Rountree: Second. Corrie: Motion is made and seconded that we approve the rezone request and have the attorney draw up the Findings of Fact and Conclusions of Law and the proper order. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 15: REQUEST FOR REZONE OF 1.936 ACRES FROM I-L TO L-Q FOR THE MERIDIAN FIRE STATION BY THE CITY OF MERIDIAN: Corrie: I'll open the public hearing and have staffs comments first Stiles: They didn't want to give you a chance to screw it up this time Ken. As you know this is for the property on Franklin Road, there are some extensive requirements of Ada County Highway District that they are making on this project. I believe Kenny has a proposal here to make the hunter lateral an amenity and provided that all other ordinance requirements are met, it is shown as an existing urban area and they meet the public safety goal within the Comprehensive Plan. That's all. Corrie: Now public like to issue testimony on item no. 15, Chief Bowers. KENNY BOWERS, 33 E IDAHO, MERIDIAN, ID. Bowers: I did learn something tonight, thank you Shari. I said the same thing at P & Z and they didn't catch me. Malcolm didn't catch it, so we learned something. This is the lot next to ArchTech east of it, right by the cemetery. I learned something tonight talking with Shari and Gary that I was kind of concerned what we were going to do about the sidewalks also. Were we going to have to put them in now or if we were going to have to do the letter of credit also, or what was going to happen there. Bird: We can get a letter of credit. ( ( \ MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 41 Bowers: Shari believes that it's in the minutes that Winston Moore is supposed to be putting in sidewalks. Gary said that, excuse me, I'm putting Gary on the spot, that Winston Moore was supposed to be putting the sidewalks as the lots develop. I don't know quite where we are at-this is new tonight on that part for us. Bird: We'll take it. Bowers: We'll take it, you bet. I don't want to put Gary in the hot spot though. Also we have been discussing the possibility of the City Council allowing us to landscape the Hunter Lateral that goes through there. I do have a drawing tonight and I got this at 7:30 tonight, so I haven't looked at it either, Shari has not looked at it to approve it. Basically the trees, the shrubs, the creeping red fescue (sic), the earth berms that they have put into this thing. I think it looks pretty attractive. This is the same gentleman that is doing Jabil's landscaping on the Hunter Lateral through there. That's our whole lot there yes. I'm not quite sure... (I naudible) Bowers: So like I said, Shari hasn't got to see this either, Ron Anderson has not got to see this either. Bird: How far does that represent? How many feet does that represent, is that the ditch there and then all the landscape we are going to have (Inaudible)? Bowers: The blue stuff is water. Bird: Yeah, I realize that. Some of us have got to be on our tax property don't it? Bowers: All this stuff here will be on our tax property. Bird: Yeah, has Holly agreed to-turn that around and look at their site deal. They are showing trees and stuff over on his side. Bowers: This is his tree I believe is what they are showing. Bird: Is that existing now Kenny? Bowers: Yes, yes. Bird: Okay, that's what I was asking. ( (." MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 42 Rountree: That's a good holding spot for Salmon so you can have live salmon barbecue. Bowers: Live salmon barbecue. Councilman Rountree you had another question, I seen your eyes light up a little bit. Rountree: I guess, just a comment that from my perspective you guys get a golden star for turning that into an amenity and getting away from the need to tile. It's also a potential site I assume to do some training as it relates to irrigation facilities and drowning victims and pumping and all that kind of stuff. Bowers: Correct, we would be able to just push the water right back into the ditch, so we are not wasting any of it, or taking any other farmers ditch water. One of the other comments that was in here and I did not get to talk to Shari about it, was that the Ada County Highway District was not going to charge us anything for permits for another station for the impact fees. Now what... Bird: Did you get that in writing? Bowers: Malcolm did that. My question was one of the articles in here stated that we needed to sell back part of that property to Ada County Highway District. If they are not going to charge us for impact fees are we legal to charge them back for that property that they will be taking for the highway district or. . . Bird: You bet we are. Rountree: You bet. Bird: Why can't we? They didn't donate anything (Inaudible)... Bowers: I didn't know on that part. I need to talk to Shari a little bit about that article in here, it explains it a little bit. Stiles: Looks like it's about 70 feet in landscaping. Bird: Are we that far off the ditch? I was going to say Jimminy Christmas, that's the building. Are we open air or what? Bowers: He probably did that this afternoon also. Bird: What are you going to do put some sleeping bags out there where the guys asleep under the trees. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 43 Bentley: Have you contacted the parks department to see if they have enough man power to mow it? Bird: The firemen can mow it. Bowers: Tom said there would be no problem what so ever. Corrie: Shari, does that require a variance for that? Rountree: We can waive it. Stiles: It's the same one that Jabil got a waiver on. Winston had previously applied for a variance on this and it was denied. We've change how we do those. If they make it an amenity and council says it's in the best interest ot the city. Corrie: Okay, I just want to make sure that we aiL.. Bowers: Mayor Corrie and City Council the question that I had was 1.9 adopting the Ada County Highway District recommendations as followed. It said in there basically that we needed to submit a letter of application to the impact fee administrator prior to breaking ground in that section, so. I did not get to talk to Shari about that this afternoon. Stiles: The city has worked out an agreement with the Ada County Highway District where you would actually go to them first and get your plan stamped before you even applied for a building permit. So that would all be taken care of. Usually they can turn around those plans in two to three days and then you would-just to make sure that you are compensated for that additional right-at-way. Bird: Mr. Mayor, am I reading the right thing here? Adopt Ada County District's 1.9, "City shall dedicate 40 feet (Inaudible) of right-of-way from the section line of Ten Mile Road and we are talking about the one on Franklin? Bowers: We get the wrong the road. I'm sorry, we get... Bird: Is this the one that was supposed to go with the prior one? Stiles: No. Bird: Because if we have to dedicate 48 feet out there we are in big trouble. Corrie: I think you got miscued here on the streets. ( \ MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 44 Bowers: That needs to be changed in there. Stiles: It is still 48 feet from the section line on Franklin. Bird: On Franklin Road, but not Ten Mile. Stiles: They messed up. Bowers: Good catching that Keith. Bird: I couldn't believe it. Bowers: Mayor Corrie and City Council, it does state the same thing for the Ten Mile one too. 1.10, I know we are going backwards, but number 14 here. Rountree: From the center line. Bird: Is that from the center line Charlie? Rountree: Yeah. Bowers: From the center line. Rountree: I think that's what 1.9 should read on Franklin as well. Bird: It says section line, section line is considered, that isn't a center line is it? Rountree: I don't know where the section line is, but I think it should be center line. Corrie: . ..1 think it should say center line. Gigray: If it's referring to road, it should be center line. Bird: I was going to say what is a section line? That's not the center line of the road is it? Gigray: That would be the meridian. Bird: That's what I was going to say, that's the section line. Smith: (Inaudible) is the only one that is not around here that I know of, but it should say center line. (' MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 45 Bird: Center line Gary? Bowers: Mayor and council, was there any other questions on the Franklin one from you guys? Bentley: No. Corrie: Thank you Kenny. Is there anybody else from the public who would like to issue testimony on item no. 15 request for rezone? Bentley: Move we close the public hearing. Bird: Second it. Corrie: Motion made and seconded to close the public hearing, any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Discussion any questions? Hearing none, I'll entertain a motion. Anderson: Mr. Mayor, I would make a motion that we approve the rezone of the 1.936 acres for the fire station and modify the staff comments of 1.9 to read center line of Franklin Road instead of section line of Ten Mile Road, delete 1.10 on the construction of the five foot wide concrete sidewalk and direct the city attorney to prepare the Findings of Facts. (I naud ible) Anderson: I'm not sure we need to waive that because our ordinance says you either tile it or make it an amenity, so we are not (Inaudible) and instruct city attorney to prepare the Findings of Fact and Conclusions of Law and prepare the Order of Decision. Bird: Second. Corrie: Motion made by Mr. Anderson and seconded by Mr. Bird to instruct the attorney to draw up the Findings of Fact and Conclusions of Law with a modification to stay with the (Inaudible) and also to have the proper order made. Any further discussions? Hearing none. All those in favor of the motion stated say aye. All opposed no. MOTION CARRIED: All ayes. (' ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 46 ITEM NO. 16: PUBLIC HEARING: REQUEST FOR VACATION OF INGRESS/EGRESS OF UTILITIES EASEMENT FOR ROARING SPRINGS WATER PARK BY REED BOWEN JR: Stiles: Mr. Mayor and council this is just a clean up item on the interstate center subdivision. They originally platted it with a loop road, a private loop road running through the property with utility easements on each side of that loop road and now since Roaring Springs has taken up the rest of the property this is just a clean up item to vacate that ingress/egress and those utilities easements. Corrie: I'll open it up to the public to issue testimony on item no. 16. Bird: Shari there is no other-Roaring Springs owns that complete ground, there is no other entity that owns any part of that now. Stiles: I was just told today that they purchased the remaining eleven acres and they will take the rest of it. Bird: So they took it right up to the office building and to the Sandman? Stiles: Yeah. Bird: Okay. Shari is there any public interest in keeping the ingress/egress roadway? Stiles: No. Bird: Okay. Bentley: Mr. Mayor, I move that we close the public hearing. Bird: You don't have any more questions? Second. Bentley: Don't pick on me. Corrie: Motion made and seconded to close the public hearing. Further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: All ayes. Corrie: Further discussion and comments. Hearing none, I'll entertain a motion for the request for vacation of the ingress/egress of the utilities easement for Roaring Springs Water Park. ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 47 Bentley: Mr. Mayor I move that we approve the recommendation to vacate the ingress/egress utility easements at Roaring Springs Water Park and instruct the city attorney to prepare the proper documents. Corrie: Okay, do I hear a second. Rountree: Second. Corrie: Motion made and seconded to approve the request for vacation of ingress/egress of the utility easement for Roaring Springs Water Park and have the attorney draw up the proper form. All those-any other discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 17: REQUEST FOR CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY ROBIN WALKER D/B/A JUKEBOX PARTY EXPRESS-821 E. WILLOWBROOK: Corrie: Council you have the findings of that? What is your pleasure on the Findings of Fact and Conclusions of Law? Gigray: Mr. Mayor and members of the council, just for purposes of the record I would like to draw the councils attention and the preparation of these Findings of Fact and Conclusions of Law and Order which you have had I believeJ in your packets so you could review. We have included a Comprehensive Plan Analysis in these findings that was not included in the recommendations from the Planning and Zoning Commission. As these findings and conclusions are drafted and order of decision of which comports with your action of denial, it is my opinion and you have taken notice of your own Comprehensive Plan that there is considerable support for your action in the Comprehensive Plan, so I have included that analysis in these findings. I just want to make sure for the record that it reflected that the council has had an opportunity to review that and does in fact adopt that if it should choose to do so since there wasn't any other specific discussion other than the fact that it is included as part of the record. Bird: Be part of the record. Gigray: Oh yeah, I just want to draw your attention to the fact that it's there and (Inaudible). Corrie: Mr. Gigray is dotting all the I's and crossing all the T's. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 48 Bird: I just-when you make the motion do you have to note that or... Gigray: I'm just doing it and I can do it since I'm the counsel for the council and mayor and directed to prepare this and I'm just drawing it to your attention that it was included in there because conditional use permits have to be in compliance with your Comprehensive Plan. Bentley: Mr. Mayor, I would move that we approve the Findings of Fact and Conclusions of Law for the conditional use permit for Robin Walker and the Order of Decision of denial. Bird: Second. Corrie: Motion made and second to approve the Findings of Fact and Conclusions of Law and the decision of denial. (END OF TAPE) ROLL CALL: Councilman Bird- yea, Anderson-yea, Rountree-yea, Bentley-yea. MOTION CARRIED: All ayes. Rountree: Mr. Mayor, I guess for expediency I would suggest we open up the next four items all at once and then for discussion and consideration so we can move forward, 18-21. Bird: 18-21, I don't have any problem with it. ITEM NO. 18: FINDINGS OF FACT & CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION OF .53 ACRES & REZONE OF 55.79 ACRES TO I-l BY WILLIAM A. HON (JABIL) - NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACiliTY, WEST OF LOCUST GROVE RD: ITEM NO. 19: DEVELOPMENT AGREEMENT FOR WILLIAM A. HON (JABll): ITEM NO. 20: ORDINANCE #818-ANNEXATION FOR WilliAM A. HON (JABll): ITEM NO. 21: ORDINANCE #819-REZONE FOR WilliAM A. HON (JABll): Corrie: Point of order Mr. Attorney, do we need to read the ordinances by their title only? Gigray: Yes, you can do that. ( MERIDIAN CITY COUNCIL MEETING APRIL 6,1999 PAGE 49 Rountree: Mr. Mayor, I've gotten a verbal cue here from the city clerk that the ordinance numbers may need to be changed. Corrie: Mr. Clerk, if you will read the ordinances and then put the proper numbers on them and then read them by title only. How's that one? Berg: Thank you Mr. Mayor, because you tabled some previous ordinances on this agenda, we want to keep them following the sequence, so Ordinance #820 on your agenda will be #818, an ordinance finding that certain land lies contiguous and adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho and finding that the owner has made a request for annexation in writing to the council and that said land be annexed to the City of Meridian and zoning designated light industrial (I-L) and declaring that the said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the city attorney to add set property to official maps of the City of Meridian, Idaho and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County Recorder/AuditorlTreasurer/Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code section 50-223 and section 63-2215, be it ordained by the mayor and council of the City of Meridian, County of Ada, State of Idaho. Corrie: You have heard the reading of the Ordinance #818 by title only, is there anyone from the public who would like to have Ordinance #818 read in it's entirety? Hearing none. Ordinance #821, I guess it would be #819 now. Stiles: Mr. Mayor, I just had a question about this development agreement, I wanted to be assured that we are protected that there is not going to be asphalt and concrete plants developed there. I think my recommendation was that they work together with me to insure that some of the permitted uses in that light industrial zone were not ever going to be permitted in that zone, but just to protect the-does the way this read Bill, is that they can only develop it as they have already presented and represented to the City Council, or will they be able to sell it off to somebody else that can develop it in any manor that they want to as long as it's within the light industrial zone? Gigray: Excuse me just a minute. I believe this development agreement was drafted in accordance with the recommendations that were submitted at the time of the hearing and as it does state here, it would be in compliance with the zoning ordinance so I don't know if it is tight enough to answer your question. Stiles: but they have already signed this applic-this development agreement? I was working with Becky Bowcutt, I didn't know that they had already signed it. That was my (n MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 50 main concern is that we would have a problem like we had in a similar situation at Ten Mile-at Overland and Linder where they represented one project and then turned it into a gravel pit. There is so many different provisions in this, I didn't know if we were protected at all from that. Gigray: Yeah, there were some-Mayor and members of the council, I included some conditions particularly there was a lot of concern regarding Locust Grove and access to the site and we provided in 5.6 the access to the site, instruct all drivers to observe speed laws and the applicant is to work with ACHD on appropriate maintenance of said road required by the road usage and access for construction because there was a lot of focus in the public hearing on that particular aspect and then there was focus on the public hearing with regards-I believe there were some concern by neighbors of the view of the parking lot, but they were satisfied with the berming that was going to be provided and it's-the uses are specified in accordance with the city's zone is the way it's written. Stiles: (Inaudible) biggest problem I have with that. I'm sorry, I didn't realize that they had already signed it because I was talking with Becky Bowcutt and she was aware of my concern that it didn't seem to preclude any of the more nasty permitted uses in that zone. Solid Waste Transfer Stations, asphalt, concrete, but with the length of this document I wasn't sure if somewhere contained in there it meant that they could only develop it as it had been represented to the city but apparently it doesn't give us that. Berg: Mr. Mayor and members of council, this is a very much of a concern that I have just with the process itself. If Shari needs to look at the development agreement before it gets passed on to the developer to sign, maybe we should incorporate that little twist in there. I know that she looks for certain things rather than what I look for and maybe rather than what our city attorney looks for. I'm just concerned that we would get it to the developer and have him sign it and we think it's just okay and I just want to make sure that everything is in proper order or that the concerns are justified before we sign the agreement. Thank you.' Gigray: Mr. Mayor and members of the council, one of the things that I hope we are going to be able to eventually get to is a situation wherein we can focus in these public hearings upon the recommendations the Planning and Zoning Commission and if those need to be changed in such a way we have that articulated so that we know and you can make a motion at that point including whatever conditions you want to have in it. Otherwise, I have to wait till there is an entire transcript prepared of this, we have to produce these development agreements and get them to the clerks office so they are out in time for signature in preparation for the following meeting. I think it puts a strain on probably the entire staff, because by the time Shari has an opportunity to read it or anybody else then if there is additional comment that is going to come in, do we reopen the public hearing and I'm trying to guard the process so that we don't have situations MERIDIAN CITY COUNCIL MEETING APRI L 6, 1999 PAGE 51 where we have input coming in outside of the public hearing. That doesn't mean that her review would be inappropriate, I don't mean to say that. We will do whatever you want to do and the processing of these things. My hope is that at some point if we can focus on written recommendations then we can have written proposals with regards to how those are, then we know what we are talking about always and we have those down and we include them, but in terms of the question that was asked here, it says what it says. It's pretty clear that it talks about what is allowed in the zone. Bird: It probably wasn't in the facts and conclusion of law. The development agreement is usually written-excuse me Mr. Mayor, I've got a question to ask now. When we okay and get ready to go to a development agreement all those objections and stuff have been done and that's when it should be raised is then, so that it is clear what is going in. If we want to change something that is in the zoning, we ought to be doing it in our staff comments which most of the time we do and the attorneys draft that to reflect in the development agreement, am I not right? Gigray: You are correct. Bird: So I just think it's something that we need to make sure we get it in the staff comments and in our motion on the Findings of Fact and Conclusions of Law. I'm like Mr. Gigray, I mean in two weeks to get this drawn up, get it signed, and get it back here to us is pushing it if we have to have three or four different people look it over. Stiles: My comment is incorporated in the development agreement, but it says the applicant shall enter into a development agreement with the city, the content of which should be negotiated and determined between staff and the applicant. That was my intent on making that comment, was that we could agree to what their proposed uses were for that property so that it didn't hinder them unnecessarily if they want to put a restaurant or other things, but also if something happened to the chip industry and they decided they had to just off load it, we wouldn't get stuck with something that was very unsightly there. Bird: I see where you are going like an asphalt plant or something like that down there, I agree with you, with the existing zoning they could probably do that. Wouldn't it-they wouldn't have to come in for a conditional use permit would they? Stiles: No. Bird: You've got a real problem-you've got a good point there. Gigray: Weill mean, if you don't want to approve the development agreement then you don't approve it. ( MERIDIAN CITY COUNCil MEETING APRll6, 1999 PAGE 52 Bird: How do you do that? You've already sent it out for them to sign and they have signed it, they have agreed to it. Rountree: We haven't. Bird: We haven't, but we have instructed, we have made it our point now to have our council draw it up. We passed it with the specifics of the Findings of Fact and Conclusions of Law. Rountree: We didn't pass it and pass it on to them, we passed it what was prepared and sent to them, they signed it and it's been brought back to us to agree with. Bird: Yeah, but our people took off of what we passed on conclusion of law and going through all the process, that's how he wrote the development agreement which we passed. Bentley: No, we haven't passed it. Bird: We haven't passed the development agreement but we've passed the point of getting to the development agreement. Rountree: Yeah. Bird: I would not vote to change the development agreement after we are the ones that sent it out to them. Rountree: You could stipulate that condition in the Findings of Fact and Conclusions of Law as it relates to the annexation, could you not? Could we modify that this evening and include that in there and protect ourselves? (Inaudible) Corrie: Could you answer that? Can we do that in the Findings of Facts? Gigray: The advantage of the development agreement is that it's the one that has the hold on the zoning itself. We-I mean the one hold you have is if they develop the site as proposed, they are going to have a considerable (Inaudible) in there and it would be a very costly mistake if they used it for some other purpose. You may want to move on-do you have any other items and I can look back through here to see what happens and I can come back to this. Bird: Did you answer Charlie's? ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 53 Rountree: Mr. Mayor my question for counsel is could we not put a paragraph in the Findings of Fact and Conclusions of Law and Order of Decision that would cover that since the development agreement incorporates Findings of Fact? Or if that's not possible, could we not modify the ordinance, the annexation ordinance to stipulate that any other use other than that that is being proposed would be subject to further negotiation with the city. Bird: If you go back to the... Gigray: Kind of like a conditional zone. I don't know if our ordinance allows us to do that. We could do it in the findings. You could put it in the findings, that you can do all day long. Corrie: Is that sufficient protection? Gigray: It's more than nothing. Bird: Do we have to open up the public to change the findings? Gigray: No, you are still in deliberation until you sign these. Corrie: (Inaudible). Bentley: Let's just go back and take them one at a time, start with the findings and he can look up what he needs to look up. Corrie: Okay then you want to go to 18 and just go right down the line and we still have to read Ordinance #819. Bird: I think so. Corrie: I'll entertain a motion on the Findings of Fact and Conclusions of Law with the amendments that you want to put on that one. (Inaudible) Rountree: I move that we approve the Findings of Fact and Conclusions of Law for the William A. Hon property with the addition in the Findings of Fact and Conclusions that we enumerate-that we are only approving the requested industrial use that any other use that would be proposed for this site either by the current owner or future owners would be subject to negotiation with the city of Meridian. Bird: Second. ( \ MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 54 Rountree: Did that help? Corrie: This one you handed to me Will, that's going to have to have the amendments-you're going to do that on-you've got it on that one? Okay, the motion is to approve the Findings of Fact and Conclusions of Law with the amendments as stated by Councilman Rountree, any further discussion? ROLL CALL: Bird-yea, Anderson-yea, Rountree-yea, Bentley-yea. MOTION CARRIED: All ayes. Corrie: Ordinance #818 was read by title only of annexation for the William A. Hon, excuse me I'm back to the development agreement. Is he still working on that one, we can skip that one and come back to it. Gigray: You just go through all the other parts... Rountree: We just took care of it. Corrie: Then we are on item no. 19. Development agreement for William A. Hon. Rountree: Mr. Mayor, I move that we approve the development agreement with William A. Hon authorize the mayor to sign and the clerk to attest and that on exhibit B which is not yet completed the condition that was just added to the Findings of Fact and Conclusions of Law certainly be included in exhibit B. Bird: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bird to approve the development agreement for William A. Hen and Jabil with the exhibit B to be approve as directed. Any further discussion? Hearing none, all those in favor of the motion as mentioned, say aye. MOTION CARRIED: All ayes. Corrie: Ordinance #818 was read and we need to have the ordinance motion. Bentley: Mr. Mayor, I move we approve Ordinance #818 with suspension of rules. Bird: Second. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 55 Corrie: Motion made and seconded that we approve Ordinance #818 with the suspension of rules. ROLL CALL: Bird-yea, Bentley-yea, Rountree-yea, Anderson-yea. MOTION CARRIED: All aye. Gigray: Excuse me Mr. Mayor and members of the council, trying to get back to Councilman Rountree, I'll tie your amendment to the finding to finding 4.9 because that does reference that the applicant proposes to develop the subject property in the following manner construct and operate a high tech manufacturing facility that is in these findings and I'll just tie it back to the... Corrie: Ordinance #821, Mr. Clerk would you read the ordinance by title only please, #819, sorry. Berg: #821 has changed to #819 an ordinance finding that the owner of the certain real property has made a written request for rezone of the zoning classification for real property that lies within the boundary of the City of Meridian from C-G, general retail and service commercial zoning district to I-L, light industrial as defined under 11-2- 408814 of the municipal code of the City of Meridian repealing all ordinances, resolutions, orders or parts there of in conflict herewith and directing the city engineer to add said rezoning designation to official maps of the City of Meridian, Idaho. Bentley: Mr. Mayor, I move that we approve Ordinance #819 with suspension of rules. Bird: Second. Corrie: Motion made and seconded that we approve Ordinance #819 with suspension of rules. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: I assume there was nobody from the public who wanted to hear the whole thing read. All right. ITEM NO. 22: FINAL PLAT FOR OLIASON PARK SUBDIVISION BY TONY HICKEY - 603 E. PINE: Bentley: Mr. Mayor, question for Shari. You received a response on your site specific, are the responses appropriate? Stiles: Yes we did. (- ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 56 Bentley: Thank you. Corrie: Okay, any other questions for staff. Since Mr. Hickey is not here, can't talk to him. Now I'll entertain a motion on the final plat of Oliason Park Subdivision. Bentley: Mr. Mayor, move we approve the final plat for Oliason Park Subdivision by Tony Hickey. Bird~ Second. Corrie: Motion made and seconded that we approve the final plat for Oliason Park Subdivision by Tony Hickey, any further discussion. Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 23: APPEAL OF PLANNING & ZONING COMMISSION'S DENIAL OF COMPREHENSIVE PLAN AMENDMENT BY PINNACLE ENGINEERS: Corrie: Since they are not here, I recommend that we table that. Bird: I move that we table the appeal of Planning and Zoning Commission denial of Comprehensive Plan Amendment by Pinnacle Engineers till April 20, 1999. Corrie: I've got a motion, do I hear a second? Bentley: Second. Corrie: Motion made and seconded that we table Item No. 23 till 4-20-99. Any further discussion? Rountree: Mr. Mayor, I would assume that these folks knew this was going on, if they are not here, I don't see any reason why we can't take action on this unless there is great amount of discussion on the part of the council. My recommendation would be to take action on it this evening and get it over with, unless we need some more input, it seems pretty clear in here what has gone on. We've got a (Inaudible) conclusion from our city attorney and a basis for the denial. Bentley: I agree. Bird: I'll go with that. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 57 Rountree: Mr. Counselor can we do that? Gigray: Mayor and members of the council, I assume tonight they were given notice that tonight was the night set for hearing of the appeal and they have the duty of prosecuting that appeal if they requested a continuance and there had been approval that such continuance would be given then I would say continue it. Otherwise, I think you could move forward with it. Rountree: Mr. Mayor, the City Clerk has indicated that he's made a telephone call to Mr. Unger on the 5th of April. I guess the question for the city clerk is was a message left or was there contact made? Berg: Mr. Mayor and member of the council, the staff calls each applicant when their packet is ready and either leaves a message or talks to them personally saying the packet is ready for a certain meeting, so I'm sure Mr. Unger was left either a message or he was talked to in person, I don't have that indicated on my report, but he does work for Pinnacle Engineering so I'm sure there was something left on the 5th (Inaudible) this was ready to be brought before the City Council tonight. Corrie: Okay, does that change your mind Mr. Gigray at all? Gigray: No. Corrie: Rather than going through the table of motion, if you would like to (Inaudible). Bird: I never had a second. Corrie: Yeah we did. Bird: Oh we did? I'll withdraw my motion. Bentley: I'll withdraw the second. Corrie: Okay, I'll entertain another motion to appeal to the Planning and Zoning Commission's denial of the Comprehensive Plan Amendment by Pinnacle Engineers. Bentley: I move that we deny the appeal of the Planning and Zoning Commission's denial of the Comprehensive Plan Amendment by Pinnacle Engineers. Bird: I'll second that. Corrie: Motion made that we denial the appeal denial. Any further discussion? Hearing none, all those in favor of the motion to refuse the appeal say aye. ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 58 MOTION CARRIED: All ayes. Bentley: Mr. Mayor, question for the clerk, would it be possible when you notify these people to put a footnote on the coversheet the date they were notified. Berg: Mr. Mayor, Councilman Bentley, on the copy-the original copy that I have after we have made the packets and distributed them to the councilmen, we write down that we made the phone call and when we made the phone call on our original sheet, because we sometimes can't do that until Monday morning after the packets are sometimes down late Friday. Bentley: So was that noted on yours? Berg: Yes it is. Bentley: All right, that's alii wanted to know. Berg: That's how communicate that. So we do it on the original packet, unfortunately it's not copied on yours. Bentley: Just so we have a record somewhere. Gigray: Mr. Mayor and members of the council, I'll prepare appropriate order of denial on this appeal for your signature. ITEM NO. 24: AMENDED ORDINANCE # --ADD ASSISTANT FIRE CHIEF: Bird: I'll bet it's #820. Corrie: I'll bet it is too. Do we have it? Bentley: Well, we've got a blank assistant chief. Corrie: All right, Kenny? Bowers: Mayor Corrie and City Council this ordinance stated that members of the Meridian Fire Department was the Fire Chief, full time firefighters, and the volunteer pay call people. We have changed that and we are going to hire an assistant chief, so we need to get the assistant chief in there and also the fire marshal, we need to get him in there as members of the fire department. Also, this ordinance stated that we would only hire within our volunteer ranks when we hired full time firefighters and possibly this next time around we might have to hire nine firefighters at one time so we are going to have to go and open this up to outsiders also. Also this ordinance we wanted to make sure we get in the readings and the language Human Resource Officer in the ordinance, we did not have her in there and that's probably most of the changes. ( MERIDIAN CITY COUNCIL MEETING APRil 6, 1999 PAGE 59 Bentley: Mr. Mayor, Kenny on this assistant fire chief side, have we put the proper information and background and job description in so it shows this is an exempt position? Bowers: Mayor Corrie and Councilman Bentley, City Council, yes it is he will not be a member of the union. Bentley: Just so we've got it in his job description so that we don't run into... Bowers: I'm not sure if it strictly says that in his job description, but from day one with Councilman Anderson and the rural commissioners and Mayor Corrie, we said that's this position would not be a member of the union. Bentley: Thank you. (Inaudible) Anderson: Question, I guess this is more for legal counsel. When it comes to listing the members I don't understand the logic in why we need to list each position and if you add any position, if you add a training instructor or you had a secretarial position you've got to come back every time and change your city ordinance because you hire somebody? It would seem more appropriate just like what you list with full time employee firefighters and non employee volunteers that you could just list administration instead of listing out each individual position. Gigray: Mr. Mayor, Councilman Anderson, members of council, yeah you can do it either way, we are just working historically with an existing ordinance and within the framework of the requests that were made to change it. Bird: Mr. Mayor, if we are going to go to the bother of changing it, why don't we change it to like Mr. Councilman Anderson said, not be specific on listing the chief, the assistant chief and the fire marshal and the paid volunteer-or the firefighters and stuff, why don't we while we are at it, draw it up and get it done right. What do you think on that council? Gigray: Mr. Mayor, Councilman Bird, members of the council. I would defer to the fire chief as to what his prerogative and preferences are and I'm sure he is probably like me working with an existing ordinance that has been around a long time, but we are certainly willing to do what the council directs. If you want to have this rethought, I would have you ask the chief what his time table is and any emergencies he may have and we would certainly be willing to work with the chief and maybe with Councilman Anderson or if you've got a point person and we can look at some ways of putting this together. I foresee that we are going to redo a lot of these ordinances that deal with the formation of various departments. We are looking at one for the police department and some others that will probably be significantly revised. So this is a matter of your choice. ( t, MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 60 Bird: I would like to-personally let Kenny-I would like to see us, while we spend the time to do it right and something that will last, that will be generic enough that every time we hire a new person, we are not out changing the ordinance. If we are, like Ron said a secretary or something like that. Rountree: I really see nothing in this ordinance that ought to be an ordinance. I see some material that is procedural and ought to be in a procedural manual for the fire department. The rest of it, if there is any significance to it at all is already included in the union contract. I guess my recommendation is that we repeal the existing ordinance, that gets Kenny's problem taken away and those things that are important procedurally in here being included in a department memorandum or procedural manual for the fire department as opposed to trying to do it by ordinance and resolution. Then we adopt the manual. Bowers: Yeah, Mayor Corrie, City Council, Councilman Rountree, that would be something that we could work with that way I don't have to come back like you said and changing this time and time again. I would have to go through the rest of the ordinance and just make sure that we could do that. Put it in a policy manual. Gigray: Mr. Mayor, Councilman Rountree and councilmen, I think it's a good idea and quite frankly if we are going to do this, we are going to repeal this, we can just take a quick look at the whole department ordinance setup and just see if we can't do a fix on this that you are comfortable with. Do we have a point person would we work with Councilman Anderson as-to get a, as well as the chief a review on this to see if we can get it put together and submitted to you at the next council meeting? Anderson: I'm sure you've got a lot of time. Gigray: I'm sure he is in a mess, I think it would be good to have it reviewed so we don't get into discussion have the chief up here next time and we decide we need to change it again. Corrie: Okay, lets just table it. Rountree: Do we want to repeal the existing ordinance so... Gigray: I would have to draft an ordinance to do that anyway. I think it would be just as easy to do this right and we get it back to you in the next two weeks and do those things that you wanted. Bentley: Mr. Mayor, so would the proper procedure just be to remove this from the... Gigray: Yeah, or if you table it, you would just-we would just substitute it as the ordinance at the next council meeting and we would have it as an agenda item. Either way, however you want to do it. Corrie: Probably the simplest way. Bird: You mean you can't remove an ordinance with a motion? ( MERIDIAN CITY COUNCIL MEETING APRIL6,1999 PAGE 60 Bird: I would like to-personally let Kenny-I would like to see us, while we spend the time to do it right and something that will last, that will be generic enough that every time we hire a new person, we are not out changing the ordinance. If we are, like Ron said a secretary or something like that. Rountree: I really see nothing in this ordinance that ought to be an ordinance. I see some material that is procedural and ought to be in a procedural manual for the fire department. The rest of it, if there is any significance to it at all is already included in the union contract. I guess my recommendation is that we repeal the existing ordinance, that gets Kenny's problem taken away and those things that are important procedurally in here being included in a department memorandum or procedural manual for the fire department as opposed to trying to do it by ordinance and resolution. Then we adopt the manual. Bowers: Yeah, Mayor Corrie, City Council, Councilman Rountree, that would be something that we could work with that way I don't have to come back like you said and changing this time and time again. I would have to go through the rest of the ordinance and just make sure that we could do that. Put it in a policy manual. Gigray: Mr. Mayor, Councilman Rountree and councilmen, I think it's a good idea and quite frankly if we are going to do this, we are going to repeal this, we can just take a quick look at the whole department ordinance setup and just see if we can't do a fix on this that you are comfortable with. Do we have a point person would we work with Councilman Anderson as-to get 8, as well as the chief a review on this to see if we can get it put together and submitted to you at the next council meeting? Anderson: I'm sure you've got a lot of time. Gigray: I'm sure he is in a mess, I think it would be good to have it reviewed so we don't get into discussion have the chief up here next time and we decide we need to change it again. Corrie: Okay, lets just table it. Rountree: Do we want to repeal the existing ordinance so... Gigray: I would have to draft an ordinance to do that anyway. I think it would be just as easy to do this right and we get it back to you in the next two weeks and do those things that you wanted. Bentley: Mr. Mayor, so would the proper procedure just be to remove this from the... Gigray: Yeah, or if you table it, you would just-we would just substitute it as the ordinance at the next council meeting and we would have it as an agenda item. Either way, however you want to do it. Corrie: Probably the simplest way. Bird: You mean you can't remove an ordinance with a motion? ,/ ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 61 Gigray: We would have to notify the codifier to pull it out and we would have to have it in written form. Bentley: I make a motion that we table Ordinance #820, amended ordinance, the proposed amended ordinance #820 until 4-20-99. Bird: Second. Corrie: Motion made and seconded that we table item no. 24 amended ordinance #820 until 4-20-99. Any further discussion? Hearing none, all those in favor of the motion say aye. Do that in your waking hours Ron. ITEM NO. 25: WATER / SEWER / TRASH DELINQUENCIES: Corrie: This is in the form being writing, if you choose to have the right to a predetermined hearing at 7:30 P.M. Tuesday April the 6th before the mayor and City Council to appear in person to be judged on the facts and defend the claims made by the city that your water, sewer, and trash bill is delinquent. You may retain council, the service will be discontinued on April the 14, 1999 unless payment is received in full. Is there anyone present who wishes to contest their water, sewer, and trash delinquency. You are hereby informed that you may appeal to have the decision the city reviewed by the fourth traditional district court pursuant to Idaho Code. Even though you do appealJ your water will be shut off. The amount of the turn off list is $26,613.63. I'll entertain a motion to turn off delinquency list. Bentley: I move that we approve the water, sewer, delinquency and trash turn off list. Bird: Second. Corrie: Motion made and seconded that we approve the water, sewer, and trash delinquency turn off list. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 26 A1: DISCUSSION OF REVISIONS TO PARKS AND RECREATION COMMISSION ORDINANCE: Kuntz: Would you like me at the podium or is this okay? Corrie: Right there is fine. Kuntz: The first item you should find in your packet is amended ordinance #733 and I'm here on behalf of the parks and recreation commission with revisions to that ordinance as recommended by the parks and recreation commission in their March meeting. I plan on, the city attorney's office did not have time to put this into the new format that will be used for all ordinances. So what I'm asking for tonight is direction on changes and revisions that you would like to see in addition to the parks and recreation changes or comments on the changes that they are recommending and then I will take that to the city attorney and bring that back for your consideration in two weeks. I will call to your (~-- ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 62 attention on page number 4, paragraph number 3, the commission has outlined two options under supervision of recreation areas. You'll note option A, would read the parks recreation commission shall advise the A, mayor and City Council on the conduct of operations, so forth and so on. Option B, is the parks and recreation commission shall advise the mayor City Council and Parks and Recreation Director on the conduct of operation, etc. Rountree: Mr. Mayor, question for director Kuntz on that particular paragraph, on those particular options, what does that mean to you? Kuntz: I guess what it means to me is that if we are talking practical terms that B is more what we use on a day to day, week to week basis, in a practicality sense. If you are talking more of the abstract where you have a commission of citizens that is advising the mayor and City Council, I guess it's not quite as accurate as what I see as a day to day operational basis. Bentley: My preference would be that we hired a Parks and Rec. Director and I think that all the things that come through the committee needs to go through him and up to us also. Bird: Mr. Mayor, Tom can you tell me right off hand how Boise and Nampa and them do with their parks and recreation, don't they advise council and mayor? I see the parks and recreation as being like a planning and zoning only not legally binding, you know like that. So my preference is number A. Corrie: I guess my question is why do we want to take the Parks and Rec. Director out of the loop, whenever he is involved in it. I think he should be included in it myself. He's part of the city staff. Bird: I don't think we are taking him out, Mayor. Corrie: Well, you do if he just says they shall advise the mayor and council, I think that you should also have them advising the Parks and Rec. Director to keep in that loop. Bird: The Parks and Recreation Director is a part of this commission as an official. Corrie: Yeah, but he's also the director too, he needs to know what's going on. Bird: I have no-oh well he would know. I mean... Corrie: According to here it doesn't put him in the loop. What does the other council think about it? Do we need to (Inaudible).... Rountree: Mr. Mayor I just struggle with the words and try to see what the difference is. It seems to me that the intent of the Parks and Recreation commission was to advise the city as they buy whether they advise the mayor or the council or the park director or all three on anyone particular item, or any item they feel they need to advise a particular group about, for instance, if they want to advise the mayor about an issue, they can come to council and advise the mayor. If they want to advise the Parks and Recreation Director about say the summer recreation program, they can advise the ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 63 Parks and Recreation Director. Likewise with the council, if they want to advise the council that they think the council ought to spend more money for certain programs, they can come before the council and do that. Is that an improper interpretation of that language? I would think that would expand their ability to advise various city activities as opposed to hinder it. That's how I read it. If that's not the intent of the language, then I would like to hear otherwise. Bentley: The only thing that I'm trying to avoid is that there isn't an end run on things. I don't think any department head wants somebody running around them, running up the ladder. We have established a procedure in all our other departments that you go through your director before you come forth with this. I just don't see the clarity here. Corrie: Actually I think they can advise all three myself. Anderson: I kind of agree with you in the concept that you know, I think the Parks and Recreation Commission was originally established to advise the mayor and council. I guess I disagree with what Councilman Bentley is saying. This would give them or stop them from having the ability to do in and around because I see this as kind of you mentioned, even if you use the language in B, it says they can advise the mayor, City Council and Parks and Recreation Director and I think everybody needs to be informed in that loop. There shouldn't be any in and around, but they should still have the avenue if they disagree with the Parks and Recreation Director, they should be able to come to us with their comments and their concerns. I mean, that's why we appointed them in the first place is to be an advisory group to us. I still want them to have the ability to do that, even if we do add the language of Parks and Recreation Director. Bentley: Mr. Mayor, in clarification of what I was saying, I'm not saying that they go to him and it stops there, that's not my point. They have the right to go to all of them, but I think he needs to know hey, we are going to go and make a presentation to the council whether he agrees or disagrees is immaterial, I still feel the director needs to know what is going on. Rountree: I guess the point that maybe clears all this up and it's the original language of this is number 6 is that the commission is to be advisory to the director, mayor, and City Council. To me this one sentence in B just restates that and again it's advisory at all those levels. Bentley: That's correct. Rountree: It isn't you've got to do one before the other or anybody's precluded. It seems to me like it just clarifies that they have an expanded opportunity to advise the parks and recreation as well as the City Council and the mayor on issues. I don't think it takes anything away and that's how I view the intent. I don't have a problem with 8, in that interpretation. Again, if there is some other interpretation out there that precludes that, then... Corrie: I think 6 does it exactly right. ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 64 Bentley: Well that's, Mr. Mayor if I may, if everybody is in agreement that that's what 6 does, there is no reason to have A up in number 3. Corrie: Just advise the mayor, City Council and Parks and Ree. Director. Rountree: No, because then in 6 it puts the director back in anyway. That was the original language. Bentley: The point was when we drew this up, we didn't have a Parks and Ree. Director. Rountree: No, but we didn't anticipate having one. Bird: The reason it was started was because we wanted a (Inaudible). Corrie: Anything else in here? Kuntz: So do I have some clear direction on number 3 what the councils pleasure is. Corrie: Just leave it at the A, mayor and City Councilor B, just put Parks and Rec. Commission shall advise the mayor, City Council and Park and Rec. Director on the conduct of the operation... (END OF TAPE) Corrie: ... City Council and Parks and Rec. Director without the underline. Kuntz: Okay. The other item - Bird: Mr. Mayor is that the consensus of the whole Council? B as the consensus? It's not on mine. I'm for A. Anderson: It is of mine with the clarification that it's not a chain of command thing that they can advise any three of those groups. Rountree: Mr. Gigray has got a solution for us. Gigray: Mr. Mayor and members of the Council, just for purposes of providing information to you a statutory construction of the way this is drafter would be an affirmative duty on the part of the Parks and Rec. Commission in part three to advise all three. I think that would be an affirmative duty and that affirmative duty would include the specific items that are listed in this section. Item six simply clarifies the position of the Commission as being advisory only and it doesn't have any authority to enact things, so these two sections do have a different purpose in mind, and they are fine to have both. Bird: Yeah, they're different. ( {/" ( MERIDIAN CITY COUNCIL MEETING APRI L 6, 1999 PAGE 65 Corrie: Okay, how many think it should be Parks and Ree. Commission on advise the Mayor and City Council and the Parks and Rec. Director on the conduct of the operation? Bird: We're looking at number three. Corrie: Three. Option B, Mr. Rountree? Rountree: Given the clarification from the City Attorney if it were written in that form, I would go in that form which I think is a spin off of option B. Anderson: I would agree. Bentley: Go with B. Bird: I'm the oddball. Kuntz: Mayor, the other item is on page number 5, all of number 7. Corrie: Oh, yeah. Bird: It isn't legal. Corrie: I think the City Clerk sent us a letter on that. Okay, this is - Kuntz: ... information that City Clerk, Will Berg, compiled and the comments by Bill Gigray. My recommendation is that number 7 be - I'm not sure the appropriate term repealed, dropped, deleted - Gigray: Strike it. Kuntz: And those are the only two items that I needed a clarification, but I certainly would like to hear any other additions, deletions, subtractions, so that I can bring this back for your final review in two weeks. Corrie: Any other comments from Council on the draft? Bentley: Question for City Council. Item C, I can't remember Charlie if we ever discussed time limit to be living in the city when we did the original one. Rountree: Well the original language is right there so if it's not there. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 66 Bentley: Okay. Rountree: I don't think we did. Bentley: Yeah, I don't think we did either. Bird: Can we give this to Mr. Gigray and he rewrite it and we vote on it? (Inaudible) Corrie: This is just a discussion what you think we'll see. Bentley: That's alii had. Corrie: Anything else? 2. PENNIES FOR PARKS. (VOLUNTARY CONTRIBUTION ON UTILITY BILL) Kuntz: The second item I have is a memo in regards to a new program called Pennies for Parks. I'm not sure what form the authorization should take, what needs to be a resolution, ordinance, but what I would like tonight is authorization to start a program effective October 1 st, 1999 that would allow citizens of Meridian to round up their utility bill which would be sewer, water and trash to the nearest dollar. It would be implemented at the same time that the new MUSS billing software is put on line. Bentley: Mr. Mayor I spoke with Tom on this on his memo he created here, it says give the residents the option of rounding up their utilities. We need to be sure we stress it's the city utilities so that they don't start rounding up Idaho Power and some of the other, phone bills and the rest of them. Corrie: I think they already have one. (Inaudible) Bentley: Yeah, but I think we just need to make sure that if we adopt this that it's explained thoroughly in the mail out we do. Bird: How come we're waiting so long until October 1st? Waiting for the software to get in? Kuntz: A couple of reasons. One is by that time the existing utility bills the blanks will have been used up and so they'll have to reorder new blanks and that will be our MERIDIAN CITY COUNCIL MEETING APRI L 6, 1999 PAGE 67 opportunity to print on there the box to check off. That's one reason. Two is the new software will be in place and all the training will have been implemented at that point. So that was a recommended implementation date by Leslie Howard and then Janice Smith also and it is a new fiscal year also. Corrie: I think you can do that by resolution; is that correct? Gigray: Yeah, we'll prepare a resolution. Corrie: That's the best way to do it. I think if it meets with the Council's approval, we have the resolution drawn up for the next meeting. Any objections? Rountree: Mr. Mayor I would move that we instruct the City Attorney to prepare a resolution that would encompass the Pennies for Parks program. Bentley: Second. Corrie: Motion made and second to have the City Attorney draw up the resolution for the next Council meeting of April 20th. All those in favor say aye. MOTION CARRIED: ALL AYES. Gigray: Mr. Mayor I might note that we can coin this as the resolution that makes cents for parks. Corrie: You do that well. Bentley: I like that coin part too. Gigray: I'm sorry. 3. RFP FOR PARKS AND RECREATION COMPREHENSIVE SYSTEM PLAN. Kuntz: The last item you have is a result of a small subcommittee from the Parks and Recreation Commission and myself working to condense a 14 page request for proposal into a one page request for proposal as recommended by two members of the Commission who deal with this on a daily basis and what I'm requesting tonight is approval to advertise for request for proposals by direct mailing and through the newspaper. Attorney Gigray only had today to look it over because he was on vacation. He made some minor suggestions that we will implement in the final version of this. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 68 Bentley: Mr. Gigray, what are these? Gigray: Mr. Mayor, Councilman Bentley, I just recommended changes so that we can comply with the statute that deals with the selection of professional engineering, architectural landscape architectural services. This proposal might require the hiring of that kind of expertise and rather than avoid the potential problem later on, I just recommended there be just certain statements made in here relative to qualification and performance status that that statute requires. You go through a ranking process and then you state that you're going to first negotiate with the highest ranking one for the appropriate contract and then if you can't negotiate with that one, you go to the next highest one and that this notice specifically state that it's anticipated will be less than $25,000 not at $25,000 because it hits a different segment of that code section. Also trying to work with Gary Smith on making sure that his department is at least on the loop and he's got a copy of this because this involves his department involves the hiring of this kind of profession all the time and we want to standardize these things as much as possible. Kuntz: And I appreciate that because in the next two weeks, I'll be bringing you a request for proposals for the design of our 56 acre park so by streamlining this _ Bird: I think this is in your budget. Do we have to approve an RFP? I mean this is something - he's just showing us this tonight to go on with it. We don't have to approve it or anything Tom. Kuntz: I wasn't sure what the process was so I wanted to bring it before you. Bird: It's part of your budget. Nobody has ever asked. I think that's great. Gigray: Mr. Mayor, members of the Council, I'd recommend your approval of this and I think it's quite appropriate that Tom would bring this before you because it fits the statute and it will be - this would solidify that the City Council has designated these standards for the selection of these professionals and there's a provision in the statute that says you either follow A through G or you follow other provisions established by Council, and I think this gives us a double protection on that. Bird: You want a thing established for all the RFP's or just when we have to go after professional - Gigray: He's just asking on this particular- Bird: But I think we ought to have a standardized RFP format and you fill in the blanks what department you want to do it at. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 69 Gigray: And I would recommend that we work with Gary Smith's office on developing that criteria and I think we've already got that started. It's on the list of numerous items. Bentley: Mr. Mayor I move we approve the request for proposals for Parks and Recreation Comprehensive Plan. Bird: I'll second it. Corrie: Motion made and second that we approve the request for proposals for the Parks and Recreation Comprehensive Plan. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES. Kuntz: Mayor, I do have one last item that's not on there. Just a heads up for your calendars. We're planning to do the ribbon cutting ceremony for Generations Plaza on Friday, June 18th at approximately 4:00 in the afternoon and that will be followed by the Dairy Days Parade at 6:00. I want to plan that this far out so that we can make sure that the girl scouts and everybody are notified and that we start on the plan for the celebration now. Bentley: Mr. Mayor I just let everybody know we lost our oil well. Bird: It went away. Mr. Mayor can I mention one thing? On the dedication of the clock, Lila Hill will - I don't know if you knew that, but she will take care of that. Bentley: No other point. Everybody knows the traffic box is sitting in a rather precarious place. I did talk to ACHD and if we decide we want it moved, it's going to cost $10,000. Corrie: Can somebody hit that when they're drinking some night? Bentley: Don't hit the clock. Rountree: I think you need to talk to Councilman Anderson about the night life. Smith: There's a story behind that I'm sure we'd like to hear. Corrie: Yes, Mr. Smith, there is a story behind that and I don't think Mr. Anderson wants to talk about it at this point. Mr. Smith. B. GARY SMITH: 1. JOE SIMUNICH - SEWER LINE PROBLEM. ME"RIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 70 Smith: Mr. Mayor and Council members, the first item I have deals with Mr. Joe Simunich. Joe and his wife have a residence on Ustick Road, and he's just west of - I can't think of the little lane that runs down from Ustick down into Waterbury Subdivision. Venable Lane, right. Thank you. In 1992 the City of Meridian constructed a sewer interceptor across a portion of his property that ultimately went on to the east and crossed under Meridian Road and continued on and eventually crossed under Locust Grove and in the process of constructing that sewer, it appears that the compaction of the back fill over the sewer pipe on the portion of the sewer line that is in a north/south direction, created a dam effect to the flow of the ground water and the ground water is flowing from east to west and this compaction of the back fill above the sewer pipe creating this dam caused the ground water to elevate on the east side of the trench and after the situation was brought to our attention, we did drill some test holes out there and we monitored the level of the ground water and we did find that there was a higher water level on the east side than there is on the west side of that sewer line trench. Several years went by and we felt that as the property to the east of Mr. Simunich's property developed that this problem would probably dissipate, but it hasn't completely dissipated. There is still a problem there and Mr. Simunich is kind of pressing the issue and justifiably so. He has not been able to farm the ground as he has the rest of his ground. He's had at times bring equipment in there to pull farming equipment out of the area because it was too soft. He has said that his crop yield has been less in certain areas to the east side of this trench than to the other side. So in light of that I had the design engineer Keller Associates and then I placed that responsibility on them to resolve the issue, come up with some kind of proposal and they hired a soils engineer and went there and did some more digging and scratching around, decided that they could probably solve the problem with no guarantees by building several trenches across the sewer line trench that would allow the ground water to flow from east to west. These trenches would be drain rock filled, filter fabric lined, and it would be a conveyance of the ground water. But there was no guarantee that this would work. So we put the proposal to Mr. Simunich and his wife, and the cost of these drain pipes was estimated to be $4500 and we told him that we would either offer him the $4500 and he could take care of it however he wanted to or we would build the trenches with no guarantees that it would solve the problem and he came back to us and said that he would take the $4500 if he could also get permission to connect to the city sewer at some future time if his septic tank and drain field at his home on Ustick Road failed. Well that means that he's out of the city limits and I told him that approval to make that sort of connection would have to come from the City Council. He's obviously wanting that connection at no cost. He would build the line from his existing drain field to the city sewer. Bentley: Mr. Mayor, Gary if we give him the money and he just puts it in his pocket, what happens when somebody else takes over that property and has the same problem? Are they going to come back on us too? ( MERIDIAN CITY COUNCIL MEETING APRIL 61 1999 PAGE 71 Smith: I don't know. Bentley: Because if I went out and bought that land, and he'd already pocketed the money and I found out the City's trunk line going through there was causing me problems, I'd be down here beating on the door too. Gigray: Mr. Mayor, Councilman Bentley, members of the Council, Gary, I guess I would have some questions about this. First of all I don't know when the construction occurred. It would appear that if he was going to make a claim, is he going to make a claim for inverse condemnation as a result of the injury and use of the property and if 50 the statute of limitations for inverse condemnation is four years from the date that the taking occurred. If it's tort claim, then he's got to file tort claim within 180 days of when the damage occurred. If we are going to resolve this dispute and if the numbers that are being discussed by Gary, certainly that would be less than any litigation. Although we'd want to make sure that with our insurance carrier that we're not getting into some problem by settling claims on our own that might result in a loss of our insurance coverage on other potential claims that might result in that area. And I wouldn't recommend that you do this without getting a full and complete release of any and all claims regarding that matter. I think we could do that as long as we got all the real property owners to sign, and we could probably even have a memorandum of the agreement recorded so that it was clear that any future property owner would buy with notice that any claim regarding that has already been settled, and it would appear based on Gary's report, it would be my recommendation that you might - if you wish to pursue with this I guess first what is Gary's recommendation to do this and if so I'd be willing to work with him to try to bring this to a conclusion that would protect the City's interest, but at a minimum you need a complete and final release. I do see a problem with allowing and I'll be the bad guy here, allowing someone to hook up without paying fees because you've got a proprietary fund here that's financially somebody else outside of the city paying a potential liability claim and I see some problems there. I don't know how much damage has gone on and when it's gone on and how many years that's gone by that the guy's claim, -- if it's been more than four years since the first construction has gone on before that water first manifesting, he may not have a claim at all. Rountree: Mr. Mayor I will add another if to this scenario and only if Mr. Simunich agrees to give us an easement on our proposed pathway so we can get that project under way. Without that, I don't think he has a claim and I don't think we need to bother with him. It's been how many years since that sewer line was put through there? Six, seven, eight? ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 72 Corrie: Were you sitting in the office when his wife in there one time or was that Mayor Kingsford and I were sitting there and she made the comment overhead her dead body, but I think Mr. Rountree has a good point. Smith: For the easement? Rountree: For those who don't know - Gigray: I would caution against that if her dead body was a requirement. Corrie: Anyway I think maybe if the Council agrees, maybe have Gary and the City Attorney work with Mr. Simunich and see what we can do also with the recommendation of Mr. Rountree. Anybody have any problem with that? Bird: I have no problem at all. Corrie: I like your idea. Rountree: I think at least that way we get something out of the deal. Corrie: Okay. 2. GRANT OF EASEMENT I BRIGHTON CORPORATION. Smith: The Ashford Greens Subdivisions No. 3 and 4 are the two little cul-de-sacs that more or less parallel Black Cat Road and the golf course property, there is need for a drainage pond to accept the street run off from those two cul-de-sacs and in light of that there's a request for the City of Meridian to grant an easement to Brighton Corporation for these drainage ponds. I don't know do you have any questions concerning that grant of easement form? Rountree: Mr. Mayor I don't have any problems as it relates to the form, but I still am not sure about us granting that easement to Brighton until we know we've got all our issues with the golf course that they're related with resolved. I know there's some issues as it relates to interconnectability of the ponds on the golf course with respect to their development and the movement of water and the draining of water on to and off of the golf course. I'd like to see all of that stuff done before we accept or agree to do anything more with Brighton. It's going to go on. It's going to be a - it's not a legacy I want to leave to somebody else to have to deal with. Bentley: Mr. Mayor I would agree. It's time to get this thing closed up and if this is the vehicle we got to use then we need to use it. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 73 Bird: I agree with Charlie on it. I also thing that there's some things in the agreement that Brighton and Ashford Greens hasn't lived through on their part like bringing easements and bringing the utilities down into the site of the new subdivision. Rountree: For the clubhouse? It's there. Bird: Yeah, Wally paid for it is what I was told. Anyway I agree with the guys. (Inaudible) Gigray: The other thing we'll need to check is to make sure we're in compliance with our lease agreement because this is subject to a lease and we don't want to be in violation of our lease agreement by granting an easement over property that we've leased. Bentley: (Inaudible) Bird: It's a mess. Corrie: They've got to get a conditional use - (Inaudible) Corrie: Did he answer your question then Gary? Smith: Yes, sir. Corrie: Okay. Smith: Can I ask one more quick question? Corrie: You sure can. Smith: We're dealing with property owners for easements on water and sewer line extensions, and I'm finding more and more that the property owners are not willing to grant us an easement for $1 and other valuable and so forth considerations. What they are wanting is other monetary considerations, and I don't know whether any of you have any ideas as to how I should proceed on this or if you want me to bring these back to you individually or how you would like me to proceed. I mean I can negotiate these things on what I feel are the best terms we can get. But I don't know where this ultimate decision lays. If it's at my door, that's fine, or if you want me to bring it back to you for your input. I guess I throw that out for some direction, and I don't even know what I'm talking about in terms of dollars. ( MERIDIAN CITY COUNCIL MEETING APRIL 6f 1999 PAGE 74 Rountree: I guess it would seem to me if there's a negotiated amount or a tentative amount, unless it's a line item budget for negotiated fees for rights-af-way, I would think that you would have to bring that before the Council for approval. If you get to a point where you can't negotiate a reasonable fee, or something that may exceed the fair market value, then I guess you bring that before the Council to see if we can get into a condemnation situation. But the one thing I would caution against is protracted negotiation. Set a time line, say if I can't do this in 30 days, take it to the Council and have them either approve condemnation proceedings start and usually once that happens that scares people for settling for a reasonable amount, and if they don't that's the only way you are going to get it anyway so there's no sense in spending three or four months trying to get it. So I guess that would be my thought on it is that it probably would be something that you'd be advised to come to the Council with. Corrie: Be on the safe side. Any other comments? Bird: I agree with Charlie on it. I think it's going to get worse Gary. Smith: Right. Bird: It's definitely going to get worse. I think you've got to give an offer. I think we need to find when you start going after like the trunk sewers and stuff like that you hire professional people to do it. I think the best thing you can do is go over and sit down with the City of Boise staff and find out how they do it. Smith: Well I know how they do it. They go right after the appraised or they get an estimate of the value and they right out and offer that to the property owner. Bird: That's the way you got to do it, but you need to get an appraised value. You don't go out and throw something off the hip that's twice as high as somebody's paying for it. Smith: Well right now, my budget is not set up for that kind of expenditure. I mean if we're talking about $2 a square foot and you've got a piece of water line that's 700, 500 feet long and 20 foot wide easement, there's what 10,000 square foot at $2 a foot, there's $20,000 for an easement. Bird: That's where you have to - your trunk fees and stuff that's the way you got to get that stuff in and going on it. Smith: Right. Thank you. Corrie: You can read this brochure. This is the Future Foundations. This is a public (inaudible) deal that they're giving strategic plan for the infrastructure. This shows the (' / ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 75 cities and the corporations that have given some money to it. Garden City just gave I think $1,000 to theirs again so read it. You got any questions, ask me and then I can give it to him and then we can discuss it at the next meeting. We got one other item yet we took off the consent agenda this was about the notice of city clerk budget hearing date. Will, do you want to bring in this one what you need? Berg: Sure, thank you Mayor. The legislators passed a new legislation that requires this municipalities, actually taxing districts to notify the county assessor of public hearing dates for these taxing districts, and we're required to give that particular date by the end of April to the county assessor. In the past, we have done several things. We have had our public hearing for our budget the Tuesday prior to our regular scheduled meeting. Then we've also had it Wednesday after our regular scheduled meeting in the first week or first part of September, and we usually seem to have that should I say the last straw because we seem to have meetings throughout the summer dealing with the budget issues, so we need to set that up and give us enough time to meet the requirements of notification after we approve a tentative budget to have that public hearing, and I've kind of passed out some of the things we need to outline just to keep in mind. So if you have some questions, I'm sure our City Attorney is familiar with the statute also, and if there's anything else that he may want to add to that, I sure welcome his input. Gigray: The only thing I would add is that you're suppose to notify them where you're going to have the meeting and when as the clerk mentioned, and then you want to make sure that that date is set at a time for which the budget can be certified for tax collection because if you miss that date, you lose your - you just can't do that, and I think Mayor you have those dates don't you in front of you so that the Council could be advised of when you can't go passed. In other words you have to have that public hearing prior to that date. Corrie: You can't go past the last day of September 11th for budget approval so I guess Charlie, do you have any recommendation when you would like to have that public hearing for budget approval dates? Rountree: It would be nice to have it like on the 2nd. That way if we had some things we had to change or adjust, we could notice another meeting and take care of it the following week before the 11th. Or maybe we could even have it as part of the regular City Council meeting and at least we'd have more people show up for a budget hearing than we ever have. It's just as incidentals. Bird: That would be the 6th Charlie if we did it on the Council meeting, the 2nd if you do it on the - it will be a Thursday. Bentley: The 7th is Council meeting. ( MERIDIAN CITY COUNCIL MEETING APRI L 6, 1999 PAGE 76 Rountree: 7th is the Council meeting. So I guess I would contemplate that the latest date we probably ought to be looking at would September 2nd. Bird: I agree. Rountree: It gives us some cushion. Corrie: You could do it the 2nd if you want. Rountree: Well I just put the question to the City Clerk based on our previous performance was that a reasonable time and backing it up into August, do we have sufficient time to get through the preliminary budget process? Gigray: The Tuesday prior would be the 31st of August. Bird: That would probably be a workshop night. Rountree: Well actually the 24th probably would be. Bird: 24th or 31 st. Berg: (Inaudible) Rountree: But what's the date that you have to publish is the date we're going to approve the budget. Correct? Gigray: It's the date you're going to have the public hearing because the idea of the statute is to give notice to tax payers. Rountree: Not on the tentative, on the final budget. Gigray: Correct. Rountree: And two weeks prior to that we have to approve the tentative budget. Gigray: Right. I think this has to do with the public hearing on the approval of the final. Rountree: Right. Bentley: So what dates did we use last year? Bird: (Inaudible) ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 77 Bentley: But I mean the dates that we did the preliminary work. Rountree: We can have the tentative on the 18th. Berg: Excuse me, Mr. Mayor the date of September 11th, was that something that you got from AIC or - if you are looking at what was on this first page that I handed out to you, this was from last year because Ale at this time doesn't have their printed materials to tell us some dates. Usually- Gigray: I can look it up in the statute. I think you have certify is it the second Tuesday of the month of September or something like that. I could go peek at the statute. Berg: It's usually on a Monday that you have to have it the county, which means the Tuesday is their certification day. Gigray: Well the second Monday would be the 13th. Berg: Correct and that's what I was kind of looking at on this calendar with Charlie was that the 13th was probably going to be the date that you would have to have it to the county, which like you said Tuesday would be the certification. Talking with Charlie on the calendar in August, if you're looking at having a workshop for approval of a tentative budget on the 19th of August, that would give us plenty of time to notice it two weeks for two notices and have the hearing on the 2nd. That's on a Thursday, the 2nd if that's what you tentative suggested. Corrie: Have your first hearing? Berg: Have you public hearing for your budget, special meeting. Bentley: What's the final? Rountree: On the 2nd of September. Corrie: It's probably going to be a lot easier for you the new set up they're going to get on this. (I naud ible) Corrie: And the projected budgets 1, 3, and 5 they're going to be (inaudible). Rountree: Question for Will, are you going to have more specifics as to when the drop dead dates are in September or before our next meeting? ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 78 Gigray: I can go look it up right now. Are those rooms open? It's in the statute. Rountree: Mr. Mayor I've got two things. One is Sanitary Services as you recall we have kind of an advisory group working and I happened to miss the last meeting, and I apologize for that, but one thing that they're moving very quickly on is the household hazardous waste clean up day, May 8th. They've got Ada County and whoever the hazmat group is that's collecting that information for that material for Ada County to be in Meridian. Ada County is going to donate the landfill fee. sse is going to pay for the clean up team. ACHD is going to provide funding for the advertising which will be submitted I believe with this month's utility billing. It seems like it's a go. Everything is falling together at this point. It's not going to cost the city anything other than probably going to ask for some volunteers on that Saturday. I think it's going to run from like noon until seven on May 8th. A good opportunity to meet your constituents and take home an extra gallon of paint. The other item as it relates to what was on the news this week and what we discussed a bit in our planning session. We talked about Mayor going full time. It was brought up the idea of well if we're going to do that, then do we want to talk about Mayor or Mayor versus City Manager. If we really want to do that, we need to make some decisions. We're not on a real short fuse at this point. As I recall there's a sixty day requirement before the election in an election year that you would have to have a special election if we decide to do something other than a Mayor situation. As far as full time Mayor, I believe all that requires is an ordinance change; is that not correct? Corrie: Sixty days, yeah. Rountree: Same thing with the salaries and the same thing with the salaries for Council, so we've got some time but - Corrie: The ordinance has to be in and passed 60 days ahead of time. Rountree: Right, so we've got a few months here to deal with that, but you want more time to think about it? Bird: I want to have a public hearing the 27th like we set up. Rountree: Well we talked about that, but that in a planning meeting and we really can't make decisions in that planning meeting. Do you want to - Bird: I want to have a public one afterwards. I want to have a public one and get it over with, but I do want some input from the public. I know how I feel, but I would like to listen to some other people. ( MERIDIAN CITY COUNCIL MEETING APRIL 61 1999 PAGE 79 Anderson: I think also Will brought up a good point after the meeting, you know (inaudible - blank) Rountree: ... very big difference. Anderson: And they are very different, so I don't know. I think it would be good to discuss it amongst ourselves a little more prior to going to the public hearing. Rountree: Do you want to make that an agenda item for our next planning session and Bentley: I thought we already talked about making that an agenda - or making that a public hearing the 27th. Rountree: Well we talked about that, but we can't make that - we got to make that decision here. Bentley: Weill understand, but why don't we just if we want to do an Executive Session on our next Council meeting. Bird: Yeah, let's do it the 20th and then we can have the public on the 27th. Rountree: If in fact that's what we come out of Executive Session and want to do. Okay. That's fine with me. I mean we talked about it. I think we need to talk about it some more and make a decision. I mean that's what I tried to get across to the news media and they just couldn't understand that we hadn't made a decision. Bentley: And that would give Will enough time to notice that meeting. Is it a full public meeting? (Inaudible) Berg: It depends on how extensive you want me to notice. I can notice a meeting, but if you want a public hearing, we need to get it out in the paper and nothing to it to get to the news media or the radio stations. Bird: Yeah, I don't think you'll have any problem with that. Berg: But in the newspaper, Tuesday, our normal deadline is Monday night and they put the paper together Tuesday and it's published Wednesday morning. Rountree: And I guess in my opinion it doesn't have to be a formal public hearing. It's a public input process. You know we could just advertise that we're wanting to hear from ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 80 the public. You know, what are your thoughts? We're contemplating a significant change in the city government. Whether it's just part time to full time and in my mind that's a significant change. Bentley: Well I don't think it took Martin very long to get it in the paper. Bird: We can get front page on it. There's no problem there. Rountree: We can get front page top - Bentley: All we have to mention is Y2K. Bird: Or A-K15 or something. Rountree: Anyway let's go with that then if that's agreeable with you guys. Let's set up an Executive Session and talk about personnel issues and (inaudible) issues and then we can come out of that and make a decision on the 20th. Bentley: Shall we do it before the meeting? Bird: Yeah, let's do it early. Bentley: That way we can announce it - Bird: Wait a minute, we already got 6:30 - Corrie: meeting at the 20th. Rountree: Oh, that's right. Corrie: You can come at 5:30. Bird: Yeah. Berg: Shouldn't have gotten that notice out. Rountree: Well the other thing I thought Arden wanted to do was talk to us at our planning session not our Council meeting. Corrie: No, we set it up 6:30 on (End of Tape) Bentley: What was suppose to be at the front of the planning meeting then? ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 81 Bird: We just have a planning session from 6:30 to 7:30 and then open up for the public afterwards. Bentley: Okay. Bird: Oh, JUS was going to come back. Rountree: JUS's coming back on the 27th. Bentley: Yeah, I knew somebody was coming in to talk to us. Bird: And they're going to come back with a trunk line fee and the whole works. Rountree: Anyway that's all I've got. That's alii want. Bill, have you got any? Corrie: Okay so what is it that you want to do now so we can get it out and let the public know what's happening there. So the 20th, you want to have an Executive Session? Rountree: Yes. Corrie: All right and then the 27th - Rountree: Depending on the results of the Executive Session, we may not even have anything. Corrie: Okay. We'll notify the Executive Session on the 20th and make your decision. Bentley: Do we know how long Arden needs? Corrie: He probably could do it in 30 minutes if we want him to. Rountree: Let's set it up at 7:00 then. Executive Session at 7:00. Bird: Half hour can take care of it. Rountree: I think so. Bird: We can at least decide if we want to go on with the 27th. Bentley: And maybe we could have the attorney in the meantime spell out the difference on how it works between the Mayor form and City Manager form. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 82 Rountree: I'd recommend that you get a copy of the state code and read it. It's pretty straight fOlWard. (Inaudible) Rountree: Will will get us copies of that. Bentley: So that everybody is reading the same thing. Bird: Well there's a difference between the city manager and a city administrator. Rountree: The city administrator is just another employee. (Inaudible) Bentley: So if Will could do that, then everybody is reading the same thing is what I was getting at. Rountree: Yeah, he'll get you copies of that. Corrie: (Inaudible) Anderson: Keith, did you get a copy of that cost estimate the other night? Bird: Yeah. Anderson: I just wanted to bring that forward to you guys. This is the first cost estimate dollar figures that have been put together by the architect for us on the new fire station and you can read the last page and the bottom line dollar figure back there 1.6 some million. That also includes land cost that we had already paid for and things like and there are also some options that we're still looking at depending on metal roof versus asphalt roof. We can save close to $26,000 and some other things like that, but I want to give you guys a heads up on what the initial cost estimate has come back now. We originally had budgeted in the neighborhood of $950,000. $800,000 in this year and then we took $150,000 from last year and applied towards the land, so the other thing that's significantly different is that we were anticipating this all coming due this budget year that it would be built before October. That's not going to happen, so we actually are going to have another budget year in there to budget whatever the difference may be too. I just need to know from you guys your direction if that's too high whether we need to go back and tell them to start scaling things down, whether we proceed, what you want to do. It's basically and we can provide more detailed drawings and stuff, but it's basically 11,700 square foot building, three bays wide, two deep, so it's six bay station with living quarters on one side, administrative offices on the other. It has three ( ( MERIDIAN CITY COUNCIL MEETING APRI L 6, 1999 PAGE 83 administrative offices with a classroom and a reception area and then the living quarters on the other side of it. So it's a pretty basic design and I think it's a good design. It's a nice looking building and the picture that I showed you here the exterior what the building might look like, but we need to know from you guys how you want to proceed and again keep in mind that the rural district is paying approximately 300/0 of the cost of whatever that building is too. Corrie: What does the rural think of the cost so far? Anderson: We have our meeting with them next Tuesday night and we had one of the rural commissioners has been on the committee and he figured it would be somewhere around there anyway. So we haven't got the gut reaction from them. We'll get that next Tuesday night. Bentley: You say this 1.6 includes the land? Bird: Yeah. Anderson: on that back page $175,000 --- Bird: That's your total cost. That's your engineering and - Corrie: (Inaudible) Anderson: Right, and the estimate, the architect has indicated that he was kind of a little high on most of the things that he's estimating he would rather be high than be low and have us be totally shocked when we went out for bid, so it may be less than the dollar figure that you see here. We won't know that until we get out to bid for it. Bird: It's going to depend on when it gets out to bid too. I think it's going to determine some of the cost, how busy people are, how many you get to bid it. The more to get to bid it, the cheaper your bids are going to be. I don't know when it plans on going out now, but that isn't a bad square footage cost. Bentley: Well the thing too - Bird: It's not an extravagant building. It's a very practical building. It's looks very nice. Bentley: I think you're' in line. Anderson: It's like $105 a square foot or something like that is where we're at on dollars. i I, ( ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 84 Bird: That's cheap. Wait until we give you a new police station at $125. Anderson: That cost also - he's got costs in there for actually even furnishing the building and that so he's figuring basically everything a complete building at that price, and we also got some I think there's almost $40,000 or $39,000 in just fill cost to bring that up so we don't have such a slope coming up to Franklin and we may be able to come up with some fill material from some of the other projects around and save some money there too. Corrie: If we get some trucks, we can go down to the Flying Wye and get some of the good dirt. Anderson: That's right. Corrie: I think you're on the right track. Bentley: I do too. Gigray: The second Monday in September, the County has to certify to - Rountree: That's the 13th. So I think the 2nd is the day. If we want any wiggle room. Corrie: Yeah, you're right, and like I say I think we're going to have a little easier time this time fellows. Rountree: What's the status of that not that I want to keep us here until tomorrow? Corrie: The status of the - Rountree: The budget forms and preparation. Corrie: (Inaudible) Rountree: What time do you want to have that hearing for the budget? (Inaudible) Bird: 6:30 what day? Rountree: 2nd of September. Bird: Oh, we'll have a lot of meetings before then. ( ( MERIDIAN CITY COUNCIL MEETING APRIL6,1999 PAGE 85 Corrie: 1'1) entertain a motion to adjourn. Bird: I so move. Corrie: All in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11 :59 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) - - - ~--~--==-:-::.:::::=:::-- , ~ RT D. CORRIE, MAYOR (" ;- I MERIDIAN CITY COUNCIL AGENDA A. D. APPROVE MINUTES FROM PREVIOUS MEETING HELD MARCH 16,1999: appTPVA'-- APPROVE MINUTES FROM SPECIAL MEETING HELD MARCH 16, 1999: #JVprov~ APPROVE MINUTES FROM SPECIAL MEETING HELD MARCH 30, 1999: ClpPrPV'..€-- NOTICE TQ ADA COUNTY CLERK OF BUDGET HEARING DATE: CfiJeafJ tfn-- PtCbfft/W / ~ ELECTIONEERING POLlCYRESOLUTION: t:I??nYv.e REGULAR AGENDA APPOINTMENT OF PLANNING AND ZONING COMMISSIONER: vffTl;t/..f!- {Il,f)J?1-~~ c- /jar-b<2I.1-o FAIR HOUSING MONTH PROCLAMATION: rep-C<- bJt1 /hd~;- APPOINTMENT OF AD 'Hoc OXVCARE COMMITTEE: ti/FflhJV.e...- 1. REQUEST TO HOOK UP TO CITY SEWER BY YMC, INC: fr~~l ~ 2o~ /Vv~ 2. REQUEST TO HOOK UP TO CITY SEWER BY IDAHO TRUCKING SPECIALTIES: ~vze,- 3. TABLED 2116/99: FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC - NW OF CHERRY LANE VILLAGE NO.1: ~prp".e- sW/?/L-.F/zt# c~::lr~ 4. TABLED 3/16/99: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS VILLAGE SUBDIVISION: -/zv1A- ~-h 1 I7Jnd zo~ ~ E. B. c. F. 5. 6. 7. 8. 9. 10. (- 11. TABLED 3/16/99: ORDINANCE #818 - ANNEXATION AND ZONING OF THOUSAND SPRINGS VILLAGE SUBDIVISION: --/?t.OtL ~ ~ W-0-I1/lftl- TABLED 3/16/99: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN MILE): (p/!?&- ~ ~ 20 ~ ~ TABLED 3/16199: ORDINANCE #819 - ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: -!zv!;YU ~ /fr~ Ua ~ CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A SIX LOT SUBDIVISION CONTAINING TWO DUPLEXES AND FOUR 4-PLEX UNITS FOR PROPOSED MERIDIAN ACRES SUBDIVISION BY MIKE STIPA - NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4TH STREET: ~ c;~a./~~ ~prej?~ -r/+f d/o CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR MERIDIAN ACRES SUBDIVISION BY MIKE STIPA - NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4TH STREET: PifJf7/-cve. ~ p..R.a-;C wlt--'A. afa~f' CtJ71.d/h'o-rtJ CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A HOME SALON BY TINA SAVKO - 310 E. BROADWAY: o'-At a/tiYvh.er;j-fo ;;n-ej?~ PIP I d /0 CONTINUED PUBLId'HEARING: REQUEST FOR ANNEXATION AND ZONING OF 9.14 ACRES BY PAUL A. HOFFMAN (PRESBYTERIAN CHURCH) - SW CORNER OF MERIDI~N RD., AND USTICK RD: C/M ar~rf. -Iv ~p~ ~I ~ I d/o 1 eLl CL PUBL'i'C HEARING': REQUEST FOR ANNEXATION & ZONING OF 40.55 ACRES BY MERIDIAN SCHOOL DISTRICT NO.2 - EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB: /'/ /' '" J I ,1.-/ AI -:z.. ' CiM a~~ -/-t7 ~fJtf./I-l?- rfr r a 10 tv/TA-U:nt-UJlII7Y/J CONTINUED PUB(IC HEARING: REQUEST FOR ANNEXATION & ZONING OF 10.02 FOR PROPOSED YUKON SUBDIVISION BY JAMES AND KAREN HOLLISTER -- EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH,OF SUMfy1ERFI~LDSUB: .. _IJ. r. eik a tln-I't e':1 tD jJ"'-l!-pa....e -//f:-, c{ / 0 1 v!J / j:J tv / rA C(7'nLA-t ( I &7rJ PUBLIC HEARING: REQUEST FOR REZONE OF 0.578 ACRES FROM R-15 & R-4 TO L-Q FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN - WEST OF NORTH TEN MILE, BETWEEN TE1J;R & MUIRFIELD: Clivi a;~!:J fo ~pa./lL ,c(f2 t c( It:? PUBLI~ HEARING: REQUEST FOR REZONE OF 1.936 ACRES FROM I-L TO L-O FOR MERIDIAN FIRE 51 A liON BY CITY OF MERIDIAN - NORTH OF FRANKLIN RO, BETWEEN 5TH AVE & BALTIC PLACE: Cilty a -li'D'l/1..e J fo r-<-P tvtJ! ~ / f 9' cll~ 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. ( ( I PUBLIC HEARING: REQUEST FOR VACATION OF INGRESS/EGRESS & UTILITIES EASEMENTS FOR ROARING SPRINGS WATER PARK BY REED BOWEN, JR~- NORTH OF OVERLAND RD, EAST OF BLUE MARLIN LN: C/M a.~ -,0 fhR-fJev....e /I-P i diD FINDINGS OF FACT AND CONCL.USIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY ROBIN WALKER D/B/AJUKEBOX PARTY EXPRESS - 821 E. WILLOWBROOK,L' : ~ . 1- d' / ~/7.-._"e:L tLflP'7YJi/l€- TYI- ! 0 ~ ~ '~(/ FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION OF .53 ACRES AND REZONE OF 55.79 ACRES TO I-L BY WilliAM A. HON (JABIL) - NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY, WEST OF LOCUST GROVE RD: ~prove ~drche.cL. DEVELOPMENT AGREEMENT FOR WILLIAM A_ HON (JABIL): ~ pY\9 V'e- ORDINANCE #H8-~~NNEXATION FOR WILLIAM A. HON (JABIL): ap~ ORDINANCE #821~f~EZONE FOR WILLIAM A. HON (JABIL): FINAL PLAT~~~:SON PARK SUBDIVISION BY TONY HICKEY - 603 E. PINE: appr-o v--<- APPEAL OF PLANNING AND ZONING COMMISSION'S DENIAL OF COMPREHENSIVE PLAN AMENDMENT BY PINNACLE ENGINEERS: ~~~ ~C<.-~~ AMeNDED ORDINAN~E #~-- ADD ASSISTANT FIRE CHIEF: ~~~2CJ~ WATER / SEWER I TRASH DELINQUENCIES: cupp,-ol/' e DEPARTMENT REPORTS: A. TOM KUNTZ: 1. DISCUSSION OF REVISIONS TO PARKS AND RECREATION COMMISSION ORDINANCE. dldCtU':J~cf:, 2. PENNIES FOR PARKS. (VOLUNTARY CONTRIBUTION ON UTILITY BI LL) p-uz-ptM-t /1.~J<d::a;6 ~ 3. RFP FOR PARKS AND RECREATION COMPREHENSIVE 4& ~:J~j?I:(~~~76I.7oYl (!~ff7)-L'y ./tt-~ {'/31b- € 1-:00 f7#\- GARY SMITH: 1. JOE SIMUNICH - SEWER LINE PROBLEM. tutn/c-.-wll,A. afftTi/LR-,y 2. GRANT OF EASEMENT I BRIGHTON CORPORATION. (?--It.JLGI~ W)~ t9~ CtTYLdI h~.r ;J~ EaJefn.~.s -/itL Wa~ f 5.ew.e1- Lihe..f - ;..!ertoti'Aj/'/rW ~r- eo fi-t'e : I. ru.,.f1v<<..( ~ch:vhb-r- 2. PI/-! ~fn- ~ - d~pte'^t>fh 2tV!j e 6:3o?tr- e~e R; /_ f/pt{s-el/o/ctllazcvzd UJaJfe (!/~~n t{pJctq - /JtClff l31!: B. e~ ~~ z Q ~ ~ UJ en CIC > ..- ~ ... <.c 2 UJ t l.a... ~~6 t- W W :I: zUJ <C~ - I Cz -C) ~- WUJ :EC) LL~ O~ )-W I-:I: -0 0_ ..J m :J a. I-- (.) ~ o w8: !;: c C)UJ Z=e -~ 1-<= W W ~ rt C) ". ~ ~ ~ ""'- ~ ~ Ili ~ ,_ "" ~! {j~,~ .~ UJ <: o if \ f'>- r- \.) \ ~ I - () i)<' N 'Q \' ,~';:t' -e () ~ C :~"-. ~ lra ~ ~ \J '\f ~J \\) VI \. · CI) CI) UJ n: Q Q c::( o ~~ o an .~V) ~ \ ?' "~ ,:t ~} ~ ~ ? .~ ~ 6 ~ ' ~~ .J ~ 2 V) ~ 1''"11 ~ r- ~~ tV) <:J ' t~ co ~ lLi 1 1 .k- ,,~ \ I- W W J: zUJ <(Z -- o. _z ~~ wUJ :EC) LL~ O~ >-~ I-J: - 00 - -J CO ::) c.. ( C)LU z=s i=~ w w ~ CI) CI) LIJ D:: Q Q C( ( RESOLUTION NO. Z20 EMPLOYMENT POLICY SUBJECT: ELECTIONEERING BY: ;tei7/L /J;i-d/ 8~ Cou,'?1.-ae~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN REPEALING SUB-PARAGRAPH 6 OF SUB-SECTION C [PROHIBITED WORI<PLACE CONDUCT] OF SECTION III [RULES OF EMPLOYEE CONDUCT] OF THE PERSONNEL POLICY MANUAL AND ENACTING A NEW SUB- PARAGRAPH 6 A. THROUGH E. OF SUB-SECTION C OF SECTION III PRESCRIBING PROHIBITED CONDUCT FOR ELECTIONEERING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION I: That sub-paragraph 6 of sub-section C of Section III of the Personnel Policy Manual is hereby repealed. SECTION 2: That there is hereby added to Section III of the Personnel Policy Manual a new sub-paragraph 6 A. through E. of sub-section C to read as follows: A. It is in the best interest of the City, in the administration of its duties and responsibilities, that City employees maintain at all times a neutrality regarding any election, whether it is federal, state, municipal or any government subdivision of the State of Idaho during their working hours, and at all other times the City employee is on active duty, and/or is wearing a City uniform. B. In order to insure that City employees maintain neutrality regarding elections it is found that a personnel policy is needed to prohibit electioneering, and to prescribe enforcement action for violations. C. No City employee shall engage in any electioneering during worldng hours or at any other time the City employee is on active duty, anellor responding to a call, and/or is wearing a City uniform but not including on call at such time as the employee is off City premises, regarding any election whether federal, state, municipal or any government subdivision of the State of Idaho. This prohibition shall include, but is not limited to, telephone calls and/or personal conversations, faxes, or E-Mail, and/or any other communications, which includes the circulation of cards or handbills of any k.ind, and/or the soliciting of signatures to any ldnd of petition for candidacy or election question and/or the use of City vehicles for the placement thereon or in of any bumper stick.ers or placards or signs. RESOLUTION - I D. This policy shall not be interpreted to include activity of providing information regarding City elections to the public pertaining to bond issues or other elections which are revenue elections submitted by the City to the voters, nor does this policy appertain to prescribed duties of City employees in the conduct of any City election. E. Violation and Penalty: Any City employee who violates this policy shall be subject to discipline by the appropriate supervisor, which discipline shall include at the minimum a written warning, which shall be noted in the employee's personnel file, suspension and/or termination. Each violation shall be considered a separate violation and each violation shall be subject to penalty herein prescribed. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6~day of ~ ,1999. \\\\\\UHlIIII:l./ ATTEST ~\\ a.,f,!t". Ilf : ",\\'-~_t. Of tJ.}::i!::;.J~;II.x*,f~. ,-' ~, >'.lOt'7""'~ ~~ ~ ~'r~. ~flnA" ~$,;toI ~~ 'v ~ ~~:llo.' ., ...; g -~ '~ ~ - ~ - ~ ~ ~ Ity Clerk :: SEAL i = ~ e ~;! ~'J:: msg\Z:\Work\M\Meridian 15360M\Reso!utions\Electioneering Po"l!v' ~s ~oPdMar31.W~..o ! ~ 70 '-...V08j 151 ' -:l!'" ~ ~ ':<f ~" " "''''';''11' 00UN~'l . ,\v ",~ I'}'I '" . ,\", III/UHf \t\1\\\ By: RESOLUTION - 2 ( ( MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLICANT: CONSENT AGENDA AGENDA ITEM NUMBER:L REQUEST: ELECTIONEERING POLICY RESOLUTION AGENCY COMMENTS CITY CLERK: SEE ATTACHED RESOLUTION CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: \.... CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: IDAHO POWER: ~ 1; ~O ~i tufryev p~ rtJ ~~ ~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected CIerI, of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this C~, I am the custodian of its records and minutes and do hereby certify that on the 6 - day of ~ ' 1999, the following action has been tal,en and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN REPEALING SUB-PARAGRAPH 6 OF SUB-SECTION C [PROHIBITED WORI<PLACE CONDUCT] OF SECTION III [RULES OF EMPLOYEE CONDUCT] OF THE PERSONNEL POLICY MANUAL AND ENACTING A NEW SUB- PARAGRAPH 6 A. THROUGH E. OF SUB-SECTION C OF SECTION III PRESCRIBING PROHIBITED CONDUCT FOR ELECTIONEERING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION I: That sub-paragraph 6 of sub-section C of Section III of the Personnel Policy Manual is hereby repealed. SECTION 2: That there is hereby added to Section III of the Personnel Policy Manual a new sub-paragraph 6 A. through E. of sub-section C to read as follows: A. It is in the best interest of the City, in the administration of its duties and responsibilities, that City employees maintain at all times a neutrality regarding any election, whether it is federal, state, municipal or any government subdivision of the State of Idaho during their working hours, and at all other times the City employee is on active duty, and/or is wearing a City uniform. B. In order to insure that City employees maintain neutrality regarding elections it is found that a personnel policy is needed to prohibit electioneering, and to prescribe enforcement action for violations. C. No City employee shall engage in any electioneering during working hours or at any other time the City employee is on active duty, and/or responding to a call, and/or is wearing a City uniform but not including on call at such time as the employee is off City premises, regarding any election whether federal, state, municipal or any government subdivision of the State of Idaho. This prohibition shall include, but is not limited to, telephone calls and/or personal conversations, faxes, or E-Mail, and/or any other communications, which includes the circulation of cards or handbills of any kind, and/or the soliciting of signatures to any land of petition for candidacy or election question and/or the use of City vehicles for the placement thereon or in of any bumper sticlcers or placards or sign s. D. This policy shall not be interpreted to include activity of providing information regarding City elections to the public pertaining to bond issues or other elections which are revenue elections submitted by the City to the voters, nor does this policy appertain to prescribed duties of City employees in the conduct of any City election. E. Violation and Penalty: Any City employee who violates this policy shall be subject to discipline by the appropriate supervisor, which discipline shall include at the minimum a written warning, which shall be noted in the employee's personnel file, suspension and/or termination. Each violation shall be cons~~r#dlf}J?J~Earate viqlation and each violation shall be subject to penalty herein pre..."",,,,*hof. ~f^(III}/. ~~:;.:t' ~~ ..~ " A' f ~ ~ f v-~%' ~% t SEAL ~ ' - r ~ ~ }:J ~ ~ ~V/~ "ct':J' D ~ ~ -Va ~r 1S-"{ · ~ $ ~ :"'A ~. S '/,.... --, a ~' ,~' STATE OF IDAHb-I,);>uN/ . T'l \\\\\\\" '''lIU tt\\\ : 55. County of Ada, ) A On thi~ day of ~Q~ ' in the year 1999, before me, ~, ,,--..s. , a Notary Public, appeared WILLIAM G. BERG, JR., wn or identified to me to be the City Clerl( of the City of Meridian, Idaho that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City of Meridian. :tl' 1111.. 't,. ,-", L :t,<< ..~"~~6'\3.L · 8./4~'##. ~.. b-.~ ........... ~<.P ~~ ~ ". .- e. ~~ .. · T · ~ (stALl ~o ~r \ i - : . - * . .-..... * - - . . - :.,. c.: '\ -. PUBL\ .: I ~ J^ . .-- ~ v ~ ~ e. .. "....,. ~ . ~ -or'. . 4~V ~ . ~~ -<1 7' ........ ~ ~-,. ~.." i . ~##~ .:_1{ _ 0 F 1'9 ~.... nts\Z:\Worf~i~itJ~360M\Resolutions\Certif of Clerk for Resolution of Electioneering.~Npd Nota Public for Idaho, 1M Commission Expires: I q Il~ Lbl- JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRuss ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD. TERRENCE R. WHITE WHITE, PFTr- ~ r. / ~/q tf/(fj l! & GIGRAY, P.A. S 31 .0 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653#0247 TEL (208) 466#9272 FAX (208) 466#4405 ~b@wppmg.com PLEASE REPLY TO MERIDIAN OFFICE March 31, I 999 William G. Berg, Jr. City Clerl( 33 East Idaho Street Meridian, Idaho 83642 RECEIVED MAR 3 1 1999 CITY OF MERIDIAN Re: ELECTIONEERING POLICY RESOLUTION AND CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN Dear Will: Regarding the above referenced lnatter, please find enclosed the original of the ELECTIONEERING POLICY RESOLUTION and CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN. I have attached the memo from Pauline Sl(eggs addressing the fact that Mayor Corrie has reviewed and approved the Resolution, and that it can now be placed upon the City Council agenda for April 6th. If you have any questions, please give me a call. Very truly yours, DICTPlTED BY ft,frORNEY AND SENT WITHOUT SIGN~lTURE IN HIS ABSENCE TO AVDID DELAY W m. F. Gigray, III Z:\W ork\M\Meridian I 5360M\Human Resources\ClerkLtrMarch30.wpd . '} t. INTEROFFICE MEMO DATE: March 16, 1999 ~ '- - ..:... '. ~ - ~ - .. - - ~EIUD#: FROM: Bill Gigray City Attorney . p S j(y (; ~O Pauline Skeggs ~; / / Human Resources TO: RE: Bill, Electioneering Policy I have reviewed the last draft of the electioneering policy and it looks good. I have discussed it with the Mayor and he has approved it for submission to the City Clerk for City Council's review and approval. If you have any questions, please give me a call. cc: Robert Corrie, Mayor (J MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 8 Bird: That's what I thought. It's closed up. I don't know why we have to wait two weeks myself. Corrie: You could request- Rountree: Question to Gary Smith. Can you give us a status of the line and whether or not it would be operational in the next few weeks or months. Smith: Mayor and Council, I'm not sure of the exact status of that line. I know they've been out there testing. In fact today they were pressure testing some of the line on the other side of Eagle, the piece heading toward the middle school site. Typically we don't discharge any sewer into the system until it's finished totally so that we don't have to deal with pieces of the system having raw sewage in it and other pieces still being tested particularly downstream pieces. But I think it will be a little while and two weeks maybe even short to tell you that the sewer will be finished and ready for connection by then. Swigg: Right, we just want to have all this ready to go when it's done. Smith: Right. Rountree: Mr. Mayor given that J would move that we table this item and direct the applicant to work with staff on the issue of hooking up to water and potential fire requirements and look at this at our next regularly scheduled meeting which would be April 20th. Anderson: I would second that. Corrie: We have a motion on the floor with a second to table this until the April 20th meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 2. REQUEST TO HOOK UP TO CITY SEWER BY IDAHO TRUCKING SPECIAL TIES: Corrie: A representative here. You've got the yellow Harley. Duncan: Yes, sir. Corrie: Nice bike. ( MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 9 Duncan: Thank you. My name is Dan Duncan. I'm the owner of Idaho Trucking Specialties and similar to YMCJ I'd like to have permission to hook up to the sewer with it's running right down the front of us on Eagle Road. We do have fire. Currently we're running off of Albertson's Fire Systems. Again our building is all metal. (Inaudible) We do have a fire hydrant right in front of our building that is working and operational. I don't believe we have water at this time. We did put in we were forced to put in a brand new well last year, so I would prefer to run off it for a while if that would be possible and go on a flat rate. I've already because they were running right down in front of Eagle Road and right in front of our place I did contact the owner who is putting in the sewer, Ron Van Auker and we did get permission to go ahead and stub in and so we did go ahead and while they were digging it through, we stubbed in and ran it up underneath our fence so if it was allowed we could go ahead and hook in. Similar we are on an above ground septic system that's been there for about ten years since the building was built. It seems to be working fine. It's more of an eye sore than anything. They put it right on Eagle Road and it's kind of an eye sore, so I would like to remove it and hook into the sewer. Bentley: Mr. Mayor, what are your plans for annexation? Duncan: I plan to. We've already been talking to Cheryl with the City of Meridian. She talked to us about the double assessment fees. I guess we kind of left it that if we needed to get annexed into the city, we definitely would. If we didn't I'm not really sure what the preference is there. Bentley: I have a question for Gary. Gary, on the well and the water situation at this site, what is our policy state for the metering? Smith: Well the ordinance says that if public services are within 300 feet of a property that's in the city limits, they are required to hook up within 15 days. We have had properties outside of the city limits that wanted to connect to either sewer or water because of a failing system that they had on site and in the past I believe the Council has allowed them to connect that particular service for that reason. There have been other instances where the Council has required that they also connect to water so that the service can be more accurately measured, sewer service. With the water, it's not a problem because it is measured and we can bill directly what's used, but with the sewer we have to just use the flat rate and figure out what a typical or we base it on our typical residential unit for sewage during the winter and so we just - and we have a few of those presently. Bentley: Are those commercial or residential? Smith: The ones that I can think of are residential. { MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 10 Bentley: That's what I thought. Okay thank you. Gigray: Mr. Mayor, members of the Council, just as advice from your City Attorney in any of these requests it would be my standing advice that we enter into - if you choose to grant these applications, we have kind of a standard form agreement that we propose for the extension of sewer and/or water depending on the action that you take that if you do approve it, we can do this administratively and you can give the Mayor and Clerk authority to go ahead and sign them once they've been approved and signed and approved by staff. The point of this is that at least from my perspective and advice is that a sewer system are proprietary systems. They're governed under the ordinances of the City. Those ordinances protect the use and management of those systems. When you get to areas which are outside of the city limits, your city ordinances no longer apply. And then we have to get into a contract provisions with regards to the severance of service or enforcement actions and so on and so forth, and we try to provide in the agreement that they agree that those ordinances are terms and conditions of the providence of the water and sewer to help protect the system and also provides a continuing permission on the part of the property owner to annexation when it is appropriate. Corrie: Okay, anybody else have anything they'd like to - okay, all right. Rountree: Mr. Mayor, I would move that we enter into an agreement with Idaho Truck Specialties approving the hook up to Meridian Sewer System with the assessment of a double fee. Bird: Second. Corrie: Motion made and second that we enter into an agreement to hook up to the city sewer system with a double hookup fee to Idaho Trucking Specialties. Any further discussion? Bentley: Mr. Mayor are we making this contingent like the rest that upon the annexation that he can - Rountree: Not at this point. Bentley: Okay. Corrie: Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Duncan: Thank you gentlemen. RESOLUTION NO 22/ BY: t~~rJy~ e'h; C~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED ('DEVELOPMENT AGREEMENT", DATED THE G-t'i DAY OF ~ ' 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND WILLIAM A. HON, ROLAND L. HON AND WILLIAM E. NORRIS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with WILLIAM A. HON, ROLAND L. HON and WILLIAM E. NORRIS, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with WILLIAM A. HON, ROLAND L. HON and WILLIAM E. NORRIS, entitled "DEVELOPMENT AGREEMENT" RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH WILLIAM A. HON, ROLAND L. RON, and WILLIAM E. NORRIS / JABIL CIRCUITS, INC. ( dated the 616 day of ~ ,1999, by and between the City of Meridian and William A. Hon, Roland L. Hon and William E. Norris, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Gf;iday of ~ ,1999. - APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6fJ- dayof ~ ,1999. - ATTEST: \ \\\ut: tr11l!1},.. \~\\ . c: 1f.~~,.., ~III ,\\..~ O'r ~,':I~t::"i)'.):l7- ~.jo'/.I: ", ~, ~~v~~~ /) r~.. ~..... C~ /~~?Orr-g h..J"l.'\....... -";p "t? 2' ,. { 0V. q ~("; 'C ~ ~ ~ :0 ~ f ~ = SE..\L ::: (\) ..... _ 7~ ~ E ~~ Qu~ ."\ o~ msg\Z:\W ork\M\Meridian 15360M\J abil Circuits\Resolut~J! '~1 u i 1~ · ~-?";-: ~ ... \\)' .....' ..../.11/ COUtif-;, \' ",,- i>,/ . \\\' IlllltHl ntH\\ J/~~~~ CITY CLERI( RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH WILLIAM A. HON, ROLAND L. RON, and WILLIAM E. NORRIS / JABIL CIRCUITS, INC. 2 CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this Ci~ I am the custodi~n of its records and minutes and do hereby certify that on the [; - day of ~ ' 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETIING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT EED "DEVELOPMENT AGREEMENT", DATED THE 611.. DAY OF ' , 1 999, BY AND BETWEEN THE CITY OF MERIDIAN AN WILLIAM A. HON, ROLAND L. HON AND WILLIAM E. NORRIS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with WILLIAM A. HON, ROLAND L. RON and WILLIAM E. NORRIS, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and ClerIc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with WILLIAM A. RON, ROLAND CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN (' L. HON and WILLIAM E. NORRIS, entitled "DEVELOPMENT AGREEMENT" dated the 6111 day of ~. , 1999, by and between the City of Meridian and William A. Hon, Roland L. Han and William E. Norris, a copy of which is attached hereto mark~.~ ~s. Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \,('\\tiltOn/!ll! ~\\\ ~ fl,(J:" -'1/ ,\' tar- I ~'f7'J..Fi[",o.) I~;t" ~" A.""':, .~". ur~~.t -r;;.,,.. "A"~. . ,.f')~~~~ '';.-:1' <'/. , V' . o~cr'V7f4 >: ~ r 'l ~ . 0 l ',~ ~ ~ ~ ~ $. - ~ 2 ~ : SEAL - ~ p 2 ~ ~Q ~~- 0 $ % "16 uSr 1$"\ · '!(.:s- f STATE OF ID~POUh-l"l · ~\\\'" i~ 1111/IIUlI ~tHs~~\ County of Ada, , in the year 1999, before me, , a Notary Public, appeared WIL G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. day of ~ " "....,.." ~"t L .#<< ~....1; O~L . or 8.l ~##4! ~ ~ ......... ~^ ~ ~ ~ .. .. V. ~ ~.. .. ~ (~j ~OTAltr \ \ : * . ........ ! * . :: C:: \ '". POBL~ / i ~ <P .. ~. 0 # #. -~. ..-""~ ~ "'''- -('4 ......... c "'". ~ msg\Z:\~i'~ u~~ ~~OM\J abil Circuits\CertificClerkforRES :II; 'e 'U r ~..~ ""..I.'I'~~ '" / Notary ublic for IdahO! · Commission Expires: I /S/J1y');)... CERTIFICA TE OF CLERK OF THE CITY OF MERIDIAN 2 MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 26A2 REQUEST: TOM KUNTZ - PENNIES FOR PARKS AGENCY COMMENTS CITY CLERK: SEE ATTACHED MEMO FROM TOM KUNTZ CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: IDAHO POWER: r~ ~r 1 ri~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: INTERMOUNTAIN GAS: 0\4 US WEST: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ('- ( MERIDIAN PARKS & RECREATION Memorandum To: Mayor Come and Council From: Tom Kuntz ~t(. CC: Date: 4/2/99 Re: Pennies for Parks Approximately six weeks ago the Parks Department received your verbal approval to pursue a program that would give residents the option of rounding their utilities up to the nearest dollar, with the revenue dedicated to Park projects. The Parks and Recreation Commission passed a motion at their March 15 meeting to support this program. I am requesting authorization to initiate the new program which will be called Pennies for Parks, starting October 1,1999. The start up date will coincide with the implementation of the new MUBS billing software and was recommended and agreed upon by Janice Smith and Leslie Howard. From The Desk Of. . . TOM KUNlZ 11 W Bower St. Meridian, ID 83642 (208) 888-3579 . Page 1 ( MERIDIAN CITY COUNCIL MEETING: APRil 6, 1999 APPLICANT: DEPARTMENT REPORTS REQUEST: GARY SMITH - JOE SIMUNICH SEWER liNE PROBLEM ( AGENDA ITEM NUMBER:~Le 8 - I AGENCY COMMENTS CITY CLERK: SEE ATTACHED MEMO CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: ?- \~te 61 GVV~~tu CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: us WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Interoffice Memo Date: March 23,1999 To: MAYOR & COUNCIL Cc: file From: GARY D. SMITH, PE RE: Joe Simunich - Sewer Line Problem RECEIVED MAR 2 4 1999 CITY OF MERIDIAN Mayor & Council: In 1992 the South Slough Sewer Interceptor was constructed to provide sewer service north of Five Mile Creek and east of Linder and Meridian Roads. The beginning of this sewer interceptor crosses the Joe Simunich property. Since the construction of this interceptor, Mr. Simunich has experienced a high water table in a pornon of his property adjacent to the interceptor, making it difficult for his fanning operations. We initially fett that when the property to the east of Mr. Simunich developed the water level would drop and the problem would be resolved. This didn't happen and some areas still exist with a high water table. Apparently when the sewer line was constructed the compacted trench backfill caused an earth dam impeding the progress of the flowing groundwater causing the water level to raise. The design engineer investigated the situation and brought forward a possible solution of installing some pipes, encased in drain rock and fitter fabric, across several areas of the sewer trench to facilitate the flow of the ground water. Unfortunately, the design engineer would not say whether or not this proposal would actually resolve the problem. Because of the uncertainty of the cross pipes resolving the problem and in order to settle this issue I offered Mr. Simunich the cost of installing these cross-drain pipes ($4500.00) and he could either continue to live with the problem or take the money and construct the pipe crossings or some other solution that he may have in mind. Mr. Simunich said he would accept this offer if the City of Meridian would also allow him to connect his home on Ustick Road to this sewer if he ever developed septic tank/drain field problems. He has requested this connection be made at no charge. He would need to pump his Sewage to this interceptor line to make the connection. Mr. Simunich's property is outside the city limits and so I told him the City Council would need to approve of his request. I would appreciate this item be placed on the next available City Council agenda for discussion. Thank you, Gary GDS ~.r~- ( \ MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLICANT: CONSENT AGENDA AGENDA ITEM NUMBER: E REQUEST: NOTICE TO COUNTY CLERK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED MEMO CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. JUSTIN P. A TI..SWORTH JULIE KLEIN FISCHER WM. F. GiGRA Y, In D. SAMUEL JOHNSON WILLIAM A. f.,rfORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STa>HEN L. PRuss ERIC S. ROSSMAN TODD A. ROSSMAN R.. S1E?HEN RUTHERFORD TERRENCE R.. WmTE TO: FROM: RE: DATE: WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ArrORNEYS AT LAw 104 NINTH AVENUE SOUfH POST OrnCE Box 247 NAMP~ IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466-4405 E-MAIL: \VFG@WPPMG.COM P14R J C~~OJt8- :; 1999 0>> ~~>>J, 1q~~ MEMORANDUM Robert Corrie, Mayor, City of Wm. F. Gigray, III SB 1 024 March 1 7, 1 999 Information: You are probably aware that Senate Bill 1 024 will require that tax assessment notices provide the public with budget hearing information for the various taxing districts and a statement of estimated taxes. A copy of the Bill is enclosed for your information. This will require the City of Meridian to notice the County Clerl( of the budget hearing not later than April 30th of each year. Recommended Action: Now that this has passed and been signed into law, you should request the Council to establish the budget hearing date at the first regular Council meeting in April. That would give you time to report to the County Clerl( this information before April 30th. I also recommend that you consider the Council establishing a regular date that it will have budget hearings so we could have a standing notice of the budget hearing date with the County Clerl(. Possibly the first Tuesday in September of each year if that is in time to certify the budget to the County Clerl(. At a minimum you should place this request on your calendar for the first Council meeting of April each year until the statute is changed again. t..... \c; ~ I~l \G '\ - ~,l;1 \ ~ \ " // . \>> - -V' ~ . \ \oF . ~l 'V~ \ - . RECEIVED MAR 2 3 1999 CITY OF MERIDIAN to' ~ .t. r-' 1 2 3 4 5 6 7 8 9 10 11 12 13 ,.,.-.... 14 15 .r-' . ( Fifty..lifth Legi~lature LEGISLATURE OF TIlE STATE OF IDAHO First Regular Session. 1999 IN THE SENATE SENATE BILL NO. 1024 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT RELATING TO BUDGET HEARINGS; AMENDING CHAPTER 8, TITLE 63, IDAHO COnE, BY THE ADDITION OF A NEW SECTION 63-802A, IDAHO CODE, TO REQUIRE NOTIFICATION OF THE COUNTY CLERK OF THE DATE AND LOCATION OF BUDGET HEARINGS; AND PROVID- ING AN EFFECTIVE DATE. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Chapter 8, Title 63, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and des- ignated as Section 63-B02A, Idaho Code, and to read as follows: 63-802A. NOTICE OF BUDGET HEARING. Not later than April 30 of each year, each taxing district shall set and notify the county clerk of the dat~ and location set for the budget hearing of the district. If no budget hearing will be held, che county clerk shall be so notified. SECTION 2. This act shall be in full force and effect on and after Janu- ary 1, 1999. ( ( \ MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 26A3 REQUEST: TOM KUNTZ -- RFP FOR PARKS AND RECREATION COMPREHENSIVE SYSTEM PLAN AGENCY COMMENTS CITY CLERK: SEE ATTACHED PROPOSAL FROM TOM KUNTZ CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMIITEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: y90V OJ~1 SETfLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented af public meetings sholl become property of the City of Meridian. ROBERT D. CORRIE Mayor ( ( CITY OF MERIDIAN PARKS AND RECREATION DEPARTMENT 11 W. Bower 51.. Meridian, ID 83642 Phone (208) 888-3579 · Fax 208-898-5501 COUNCIL MEMBERS CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD TOM KUNTZ Parks & Recreation Director REQUEST FOR PROPOSAL to provide A Comprehensive Parks & Recreation System Plan The City of Meridian is requesting proposals for professional services to prepare a Comprehensive Parks & Recreation System Plan. The Comprehensive Plan is intended to serve as a planning and implementation guide for the newly established Parks & Recreation Department. The plan will assess the City's parks, community center, and other recreation facility needs. It will also identify and prioritize future park sites, establish park design standards, recommend maintenance service levels and funding strategies to implement the plan. Developing funding strategies will include reviewing the City's Impact Fee Ordinance and recommending revisions. Proposals will be accepted at the Meridian Parks & Recreation office, 11 W. Bower St. Meridian, ID 83642 until 2:00 p.m. on Friday, May 7,1999. One signed original and four copies of the proposal shall be submitted. Proposals shall not exceed 15 pages. The budget for this project will not exceed $25,000.00. Questions related to the scope of work on RFP submittal requirements may be directed to Tom Kuntz, Parks & Recreation Director, (208) 888-3579. At minimum each proposal must include the following information: 1) Project Approach: This would include proposed scope of services including a time line for completion and cost oreak down of each phase of service. 2) Management Approach: This would include the qualifications and experience of the key personnel assigned to the proj ect. 3) Relevant Experience: This item would include completed projects of similar type and magnitude including funding experience. References with phone numbers should be included. The City may select a firm on the basis of written proposal or may request oral presentations from the highest rated fIrmS. The City of Meridian reserves the right to accept or reject proposals and to modify project requirements after review ofRFP replies. MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER:~ - .2. REQUEST: GARY SMITH - GRANT OF EASEMENT I BRIGHTON CORPORATION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MEMO CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: IDAHO POWER: , (J {\~~ L ~JJ/ ~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( Interoffice Menlo Date: April 1 J 1999 To: MAYORCORRJE Cc: file I Angel Sims From: GARY D. SMITH, PE RE: GRANT OF EASEMENT - BRIGHTON CORPORATION TO CITY OF MERIDIAN Mayor: Here is a "Grant of Easement" fonn that we discussed via telephone today. This is the easement that we have been trying to obtain from Brighton Corporation to complete the drain line from the city golf course ponds at Black Cat Road. Thank you for placing this item on the April 6th City Council agenda. By copy I am transmitting this information to Angel Sims. Gary a- Regards, GDS v oJ I oJ V I o;J o;J .L I . oJ V J. - .n.A L v l.) V I I U V V L -.-. _..-- --- _.' - ,- D~~_~!~ .......VI\.rVI\./\J.lVn 4f1 UUL ( GRANT OF EASEMENT The undersigned Grantor(s) for an in consideration of Dollars ($ ) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey unto BRIGfITON CORPORATION, hereinafter referred to as "~Grantecs"', whose address is 12426 W. E,,--ploler Drive) Suite 220, Boise~ Idaho 83713, its successors:> assigns, lessees. licensees and agents a perpemal easement for ingress and egress to the Grantees property and to construct, rcconstruct, operaLc, maiIttain and repair such stonn drainage facilities to include pipelines and appwtcnances, from time to time, as G.lantee may require upon, over, under and across the following described land situated in the County of Ada., Sbte of Idaho., wbich the Grantor owns or in which the Grdlllor bas any interest, to wit: SEE EXHIBIT t"A" ATI AC.HED HERETO AND BY THIS REFERENCE MADE APART THEREOF. Grantor further conveys to Grnntee the following incidental rights: (1) A temporary right-of-way as descri~d in Exhibit A until such time as final approval of Ashford Greens Subdivision No. 3 is issued by the City of McridiaIl (2) Gnmlee shall indelnnify Grantor for all damage caused to Grantor as a result of Grantee '5 negligent exercise of the rights <lnd privileges herein granted (3) Grantor reserves the rights to occupy) use., landscape and develop easement for all puIpOses not inconsislent with the rights herein granted (4) Grantee hereby covenants that no building structure of obstruction mll be construcle~ erected, built or permitted on said easement area. The rigb.~ conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors) administrators, successors and assigns of the respective parties hereto. IT JS EXPRESSLY UNDERSTOOD AND AGREED, by and bct'\leen the parties hereto, that the Grantee, in making future repairs, will ~~ently replace and restore the premises to a condition comparable to that existing prior to UIldertaking such repairs and replacement Hov:evCt'l the Grantee will not be responsible for repairing. replacing or restoring any buil cling, structure, tree or above ground obstruction placed within the area described in this casement. Dated this _ day of :> 1999. GRANTOR CITY OF MERIDIAN, a municipality and Political subdi,;sjon of the State of Idabo By: By: STATE OF IDAI-IO ) ) ss: ) COUNTY OF ADA On this lIayof ~ 1999, before me) the undersigned, a Notary Public in and for Silid State, persOIlDlly appeared and ~ kno'\\iIl or identi1ied to me to be the and of the CITY OF Iv1ERIDIAN, Idaho and \lor"ho executed the 'Within instrumc::nt., and acknowledged to m that the City 0 f Mcridi6I'\ executed the same. IN wrfNESS Wl-IEREOF~ 1 have ht:reunto set my hand and affi.xed my official seal the day and year firSt above written. Notary Public for Idaho Residing in My C ollunission c':\.-pircs: MAR 30 '99 16:49 208 377 8962 PAGE.02 ~V~/Lvlvv ~~.v~ r~ ~VO vii O~U~ D!\J. \:JnJ. V!~ \,...Vl\rVl\.tl.L l V!~ If!:J U U .) EXHIBIT A \ . - . :-.- ow" ASHFORD GREENS DRAINAGE POND EASEMENT GOLF COURSE PARCEL A drainage easement located in the SW1/4 of the NE1/4 of Section 3, T.3N.. R. 1W.. 8.M., Ada County. Idaho. more particularly described 8S follows: Commencing at the 1/4 comer common to Section 4 and the said Section 3, as same is identified in CP&F Instrument No. 7852146, records of Ada County. Idaho, thence North ooa3B'27'1 East, 1170.78 feet; thence South 89"21'33" East. ~.OO f~ttD the REAL POINT OF BEGrNNING. Thence continuing South 890211331 East. 85.00 feet; thence South 00038'27" West 178,,61 feet; thence North 89D21~3J West, 85.00 feet; thence North 00.38'27h East. 178.61 feet to the Point of Beginning. AND ALSO: A temporary construction easBlmBnt rocated In the SW114 of the NE1/4 of Section ~. T .3N., R.1W., 8.M..' Ada County, Idaho. more parlia.alaJ1y described 8S fellows: COmmencing at the 1/4 comer common to Section 4 and the said Section 3, as BaIne is identified In CP&F Instrument No. 7852146, reoords of Ada Comity, Idaho. thence Nortfl 00-38'21" East, 1170.78 feet; 1hence South 89"21'3311 East, 150.00 feetro the REAL POINT OF BEGINNING.. Thence continuing South 89~1 '33" East. 19.94 feef; thence South 00038'27" West. 233..59 feet; thence Nor1t149013-43" West, 85.30 feet thence South B9~1'33" East, 45.28 feet; thence North 00"3B'27" East,. 178.61 feet to the Point of Beginning. MAR 29 '99 14:50 208 377 8962 PAGEw03 MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLJCANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 26A 1 REQUEST: REVISIONS TO PARKS AND RECREATION COMMISSION ORDINANCE AGENCY COMMENTS CITY CLERK: SEE ATTACHED DRAFT FROM TOM KUNTZ CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: CENTRAL DISTRICT HEALTH: s~(}J JJ)G/ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. PARKS AND RECREA liON COMMISSION 1. ESTABLISHED; MEMBERSHIP; TERM OF OFFICE; VACANCIES: A. There is hereby established a Meridian Parks and Recreation Commission of the City of Meridian. B. This Commission shall consist of nine (9) seven (7) members who shall receive no salary. ,^JI members not appointed by the M3yor and 3pprO\/ed by the City Council, 'wA.'hich :ire members of the belo\AI mentioned entities, shall be nomin3ted by the belo'wAw' mentioned entities. The other Members of the Commission shall be appointed by the mayor and approved by the City Council on a vote of one- half (1/2) plus one of the Council members, and Commission members may, in like manner, be removed. C. One member shall be the City P3rks 3nd Recre3tion Commissioner who is a Meridian City Councilm3n. The follo\A'ing entities sh311 e3ch name one Commissioner: 1) Trustee of the Joint School District No. 2. ,^~d3 and C3nyon Counties or its designee, 'wAw'ho sh311 be an employee of the Joint School District No.2.; 2) 'w^lestern J\d3 Recre:Jtion ,^~ssoci:Jtion, Inc., or its designee; 3) Meridian ,^jhletic /\ssoci3tion, Inc., or its designee; 1) Cherry Lane Golf Course, or its designee. J\nother member Sh311 be from the City of Meridi3n Planning :Jnd Zoning Commission or its designee, :Jnd three 3dditional members sh311 be 3ppointed by the Mayor and appro'Jed by the City Council 35 3bo'v'8 st3ted in paragraph B. Parks 3nd Recre3tion members of the Commission sh:JlI be residents of the area of impact of the City of Meridian. The term of office sh311 be on 3 rotating basis. C. Citizens who reside within the Meridian City Limits, or area of impact and are a minimum of 18 years of aoe are elioible to serve on the Commission , at least one but not more than 3 members may be appointed from residents of the City Impact Area, outside the corporate limits. When an openino occurs, interested citizens will submit a letter of interest or resume to the Mayor within an advertised time period. A subcommittee of three individuals from the Parks & Recreation Commission will review the application, and submit a recommendation to the Mayor. Equal representation based upon areas population will be oiven strano consideration. PARKS AND RECREATION COMMISSION 2 f'< . One member of the Meridian City Council. Meridian School District #2 Administration, and the Parks and Recreation Director shall serve as ex officio members with no vote. Each Commissioner shall serve a term of three (3) years. Commissioners wishino to serve additional terms must submit a letter of interest 30 days prior to the first term expirino. Reappointments are at the discretion of the Mayor, with confirmation by the City Council. Startino dates of terms were staQoered at the inception of the Parks & Recreation Commission so that three Commissioner's terms expire each year startino in January 2001. The Commission, 3t the first meeting, shall decide the length e3ch member shall sef\'e in the initi31 term. One set of three members shall initially ser\'e from the date of confirm3tion to the 1st -d3Y of October, 1998, one set of three members shall serve from the d3te of confirmation to the 1st d3Y of October, 1999, and the 13st set of three members sh311 ser\'e from the date of confirmation to the 1st day of October, 2,000. /\fter the initi31 term, e3ch Commissioner's term shall be for a term of three (3) years. D. Tho first Commission shall be nomin3ted \A.'ithin tvJenty one (21) days 3fter the p3ssage of this Ordinance; 63Ch Commissioner not 3ppointed by 3n entit}' shall be confirmed 'l.'ithin t\\'ent}' one (21) days ::1fter his nomination on ::1 '.'ote of one half (1/2) plus one of the Council members. E. Vacancies in Commissioners from the four (1) entities named in P3r::1graph 1.C. shall be filled by those entities for the rem3ining of the unexpired term. '/3cancies in the other fi'Je (5) Commissioners occurring otherv.'ise than by expiration of the term shall be filled by nomination of the Mayor, '.~.'ith the confirm3tion of City Council on 3 \'otc of one half (1/2) plus one of the Council members, for the remaining unexpired term. 2. ORGANIZATION AND DUTIE: At the first meeting each fiscal year, the members of the Parks and Recreation Commission shall meet and organize by electing one of their members President and such other officers as may be necessary. The City Parks and Recreation director staff shall provide be 3n ex officio member aM secret31)' of the Commission 'Nith no '.'ote. Secretarial service for the commission. PARKS AND RECREATION COMMISSION 3 .r- ,~: - r I \. The Parks and Recreation Commission shall adopt bylaws, rules and Regulations for the proper conduct of the Parks and Recreation Commission in and for the City and the Area of Impact. The bylaws Rules and regulation are subject to the approval of the Mayor and City Council after enactment by the Commission, unless there is 3 tie in the 'late of the other Commissioners. 3. SUPERVISION OF RECREA liON AREAS: The Parks and Recreation Commission shall advise the A. Mayor and City Council, or B. Mayor, City Council, and Parks and Recreation Director on the conduct of, operation of, and the supervision of, public parks and public playgrounds, athletic fields, recreational facilities and other recreation activities on any of the properties owned or controlled by the City, or other properties in the Area of Impact upon which recreational activities are conducted. 'lJith the consent of the o\vners and occupants thereof. The Commission sh:lIl 'l/ithin sixty (60) d3YS after this ordinance passed and during the month of May of each ye3r thereafter, submit to the City Council 3n 3d'.'isof)' proposed recreation program and budget for tho next fiscal year '.vhich shall be only ad'Jisory and in no \A.'ay binding. Each year durino the preliminary staoes of budoet preparation the Commission shall assist in prioritizina proiects and expenditures for the next fiscal year. and review the budaet prior to submittal to the City Council. 4. MEETINGS: The Commission shall meet regularly each month at a time and place determined by the Commission. All meetings shall be open to the public and the first meeting notice shall be publicized: regul3r meeting there:Jfter shall not be publicized since they '.'"ill be regular meetings; the Commission shall allow and promote public participation in the decisions of the Commission. 5. REPORTS: The Parks and Recreation City Council Commissioner Director shall Make full and complete monthly and :Jnnu31 reports to the Mayor and City Council, and other reports from time to time as requested by the Mayor and the City Council. The Parks & Recreation Commission President will submit an annual report to the Mayor and Council. 6. ADVISORY STATUS: The Parks and Recreation Commission shall RGt-be deemed to be anything other than an advisory committee to advise the Parks and Recreation Director, the Mayor and City Council. PARKS AND RECREATION COMMISSION 4 ;- 7. MERIDIAN PARKS AND RECREATION FUND: A. There is hereby established with the City of Meridian a fund which shall be known and cited as The Meridian Parks and Recreation Fund. The Levy or appropriation to such fund shall not exceed in the aggregate, in anyone year, more than six-hundredths of one percent (.06%) of the market value for assessment purposes on all taxable property within the limits of the City of Meridian in that year. The total amount of such fund shall never exceed in the aggregate six-hundredths of one percent (.060/0) of the market value for assessment purposes of the City of Meridian. The fund shall not be subject to the provisions of ~50-1 014 of the Idaho Code, which provides that the City Council may transfer an unexpended balance in one fund to the credit of another fund. B. The purposes for which the Meridian Parks and Recreation funds may be used as follows: 1. The acquisition of land for public parks and/or recreational Facilities. 2. The construction of public facilities for parks and/or recreational activities. 3. The improvement of Meridian public parks and recreational facilities. C. None of such funds shall be expended unless specifically appropriated by the City Council pursuant to 9S50-1001 Through 50-1003, both inclusive, of the Idaho Code. PARKS AND RECREATION COMMISSION 5 "\ SECTION 2: EFFECTIVE DATE: \!\.'HERE,^~S, there is an emergency therefor, 'l/hich emergency is hereby decl3red to exist, this This Ordinance shall be in full force and effect from and after its passage, Approval and publication according to law. PASSED AND APPROVED THIS 6TH DAY OF JANUARY, 1998 CITY OF MERIDIAN Robert D. Corrie - Mayor ATTEST: William G. Berg, JR - CITY CLERK 4Park-Rec - Changes and Final 1-13-98 Revised 3/25/99 PARKS AND RECREATION COMMISSION 6 - "t ..--------- Office of the City Attorney 200 E. Carlton Ave. Suite 31 PO Box 1150 Meridian 10 83680-1150 Phone: 288-2499 Fax: 288-2501 E-mail: wfg@wppmg.com To: Will Berg, City Clerk Tom Kuntz Janice Smith cc Mayor Corrie From: Bill Gigray, City Attorney Re: Amended Ordinance # 733 Date: March 13, 1999 Response to memo to Tom Kuntz from Will Berg dated February 18,1999. Because of the limitations of Idaho Code Section 63-802 City's are limited in the dollar amount of property taxes that it can certify for its annual budget. That limit of increase is 3 % dollar amount with additional funds for dollar added value of new construction and annexations. If you designate a levy in an ordinance for a certain fund you m.ay limit the ability of the Council to appropriate ad valorem tax funds. Recommended Action: I recommend that a meeting should be set with the City Treasurer to determine the impact and purpose of this ordinance it may need to be repealed prior to the adoption of next years budget. r ~\~V~ MEMORANDUM To: Tom Kuntz From: William G. Berg, Jr., City Clerk .~tV Date: Thursday, February 18, 1999 RE: Amended Ordinance #733 Attached to this memo is information, correspondence, and fax confirmations that I have collected in trying to implement this ordinance. I was under the assumption that this ordinance was written to give the City of Meridian new tax monies. That is not what it does nor do we have the authority to do so. This ordinance is self governing allowing the City to set aside a percentage of the already generated revenues into a Parks and Recreation Fund. This is not new money To create new tax monies, we 'would have to create a new taxing district for recreation and have Western Ada Recreation District de-annex the city limits area. In conclusion, what I understood the City Council wanted at that time was to create a new source of revenue, not to tie their hands for more regulations or restrictions. If you need anymore information, please contact me. Thank you for your cooperation. F MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLICANT: AGENDA ITEM NUMBER: ~ 5 REQUEST: WATER I SEWER I TRASH DELINQUENCIES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: v~ ~ OJ'ff NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 0 ~ ~ en en S en ...... ~ ~ <.0 ~ , 0 Q: ~ f.i4 a.. 0 ~ ~ ~ ~ Q 0'\ ~~ ~" ~~ ~~ 00 ~~ ~~ u~ z~ ~~ ~~ o~ ~O ~oo. ~~ ~~ o ( ( , d >...,.-...4 (1) ~"~ en U ~ ~ ~Crn8~ ~ U ;S 'E @ ro ..8 ..s ~ s o ~ 00 Cd ~-g.g:E(]) ~tdro~~~ .- ~ S ,-d $::I ~o=~~o (]) ~,~ U ~ ~ i3 ~..:s S ,(]) O~UO=~ >(])(])UtSo ~ i3 ~ ,S d Z ,-+ (1) ~ ~.~ C'. po.J ~ ~ ~~ >-. ~ tS,~ ~ (]) U (1)""""""~>Q O~ ~ 0 ~.~ Q) ~ ~S(1)~ (1)0\~ g ~ 00 0\ C ::s ~.S 0"", Cd 0 rn~ o ~ 00 ~ .1'-f Q) ,J:l \/3' ~ ~ ~ ~ U U '~..d ::S~~d(])~ ~~..8 ~ ~tJ ~~~c-t~~ .--- ~ ~ S ~ c OJ) ~ 0;...... 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