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HomeMy WebLinkAbout1998 05-05 MERIDIAN CITY COUNCIL AGENDA TUESDAY, MAY 5, 1998 -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 MINUTES OF PREVIOUS MEETING HELD APRil 21,1998: (APPROVE) MINUTES OF SPECIAL CITY COUNCIL MEETING HELD APRil 7,1998: (APPROVE) MINUTES OF SPECIAL JOINT CITY COUNCIURURAL FIRE DISTRICT MEETING HELD APRIL 14, 1998: (APPROVE) PROCLAMATION: GOOD SAM CLUB 1. TABLED APRIL 21,1998: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (48 UNITS ON 8.53 ACRES) - THE VILLAS AT THE LAKES SUBDIVISION - NORTHWEST OF CHERRY LANE VILLAGE NO. 1 BY STEINER CORPORATION: (SEND BACK TO PLANNING & ZONING FOR NEW PUBLIC HEARING) 2. TABLED APRIL 21,1998: PRELIMINARY PLAT (48 LOTS ON 8.53 ACRES) FOR THE VILLAS AT THE LAKES SUBDIVISION - NORTHWEST OF CHERRY LANE VilLAGE NO.1 BY STEINER CORPORATION: (SEND BACK TO PLANNING & ZONING FOR NEW PUBLIC HEARING) 3. TABLED APRIL 21,1998: REQUEST FOR INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: (REJECT REQUEST) 4. TABLED APRIL 21, 1998: REQUEST FOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK - 3175 N. TEN MILE ROAD: (APPROVE HOOKUP TO SEWER FOR THE BIG HOUSE) 5. TABLED APRIL 21,1998: REQUEST TO AMEND DEVELOPMENT AGREEMENT FOR RAVEN HILL SUBDIVISION PHASE 2 - EAST OF LOCUST GROVE AND SOUTH OF OVERLAND: (APPROVE AMENDMENT TO DEVELOPMENT AGREEMENT) ( 6. REQUEST FOR BEER AND WINE AND LIQUOR LICENSE BY MOE'S INC.: (APPROVE WITH PRO-RATED FEES) 7. REQUEST TO AMEND DEVELOPMENT AGREEMENT FOR DEVLIN PLACE SUBDIVISION BY D.W., INC.: (APPROVE AMENDMENT TO DEVELOPMENT AGREEMENT) 8. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A ONE STATION HAIR SALON - AT 503 W. PINE BY STEPHEN & KAYE PACORIS - NW % SE % SECTION 12, T.3N., R.1W: (APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW - APPROVE CONDITIONS) 9. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A NEW CHILD CARE FACILITY BY SUSAN EHTESHAMI -875 W. FRANKLIN ROAD: (CITY ATTORNEY TO PREPARE NEW FINDINGS OF FACT AND CONCLUSIONS OF LAW) 10. PUBLIC HEARING: PRELIMINARY PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION NO.2 BY ENGLEWOOD DEVELOPMENT CORP.- WEST OF TEN MILE ROAD AND % MILE SOUTH OF USTICK ROAD: (APPROVE WITH STAFF CONDITIONS) 11. PUBLIC HEARING: REQUEST TO LIFT REQUIREMENTS IMPOSED REGARDING EXISTING WELL LOCATED IN SALMON RAPIDS NO.4 BY FARWEST DEVELOPERS - SOUTH LOCUST GROVE BETWEEN OVERLAND AND VICTORY: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 12. PUBLIC HEARING: AMENDMENTS TO ZONING AND SUBDIVISION AND DEVELOPMENT ORDINANCES: (CONTINUE PUBLIC HEARING TO MAY 19, 1998) 13. REQUEST FOR TIME EXTENSION FOR SPARKLING SPRINGS SUBDIVISION PRELIMINARY PLAT BY PACIFIC LAND SURVEYORS: (APPROVE 6 MONTH EXTENSION) 14. WATERISEWERffRASH DELINQUENCIES: (APPROVE) 15. APPROVE BILLS: (APPROVE) 16. DEPARTMENT REPORTS: 1. GARY SMITH: A. APPRO\, AL OF WASTEWATER TREATMENT PLANT OPERATIONS BUILDING REMODEL AGREEMENT. (APPROVE) ( B. TWO PARTY AGREEMENT FOR NW 8TH STREET PARKING LOT AND DRAINAGE SYSTEM. (APPROVE) C. CHERRY LANE FENCE PROJECT. (PROCEED) 2. TOM KUNTZ: A. THIERHOUSE PROPERTY. 3. WAYNE CROOKSTON: TILING EXTENSION OF KENNEDY LATERAL NORTH BOUNDARY LINE FENCE - GARY FORS. ( MERIDIAN CITY COUNCIL AGENDA TUESDAY, MAY 5, 1998 - 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON -LCHARLlE ROUNTREE --L- GLENN BENTLEY -fLKEITH BIRD -LMAYOR ROBERT CORRIE I r ~ " ?roc/tX/v1-#~~ : G()t7~l v(.t.~ L 1<<6 MINUTES OF PREVIOUS MEETING HELD APRIL 21,1998: t2ffl/UVL MINUTES OF SPECIAL CITY COUNCIL MEETING HELD APRIL 7,1998: tZjJprov-e. MINUTES OF SPECIAL JOINT CITY COUNCIURURAL FIRE DISTRICT MEETING HELD APRIL 14, 1998: e<.prrov-e....- 1. TABLED APRIL 21, 1998: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (48 UNITS ON 8.53 ACRES) - THE VILLAS AT THE LAKES SUBDIVISION - NORTHWEST OF CHERRY LANE VILLAGE NO. 1 BY STEINER CORPORATION:/ j re-kc1/1-d- a;C P Iff M~ jJ tf Z, Co-yJ-., 2. TABLED 21, 1998: PRELIMINARY PLAT (48 LOTS ON 8.53 ACRES) FOR THE VILLAS AT THE LAKES SUBDIVISION - NORTHWEST OF CHERRY LANE VILLAGE ~O. 1 BY STEINER CO~PORAJION: JriZ -lv2-c~cL cd- jJ / f-/ 6--e hr~ P ~ Z- ~ ~ 3. TABLED APRIL 21, 1998: REQUEST FOR INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: re j eel -I'A.-e y-.e 1vi-L€ J I- 4. TABLED APRIL 21, 1998: REQUEST FOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK - 3175 N. TEN MILE ROAD: Clf?'prov~ IWok.-t<.? -To J:e~hn- -11~ h..JtA~ 5. TABLED APRIL 21, 1998: REQUEST TO AMEND DEVELOPMENT AGREEMENT FOR RAVEN HILL SUBDIVISION PHASE 2 - EAST OF LOCUST GROVE AND SOUTH OF OVERLAND: '\ uTrt>~-e.-- a~~ ~ iJ 7 71- 6. REQUEST FOR BEER AND WINE AND LIQUOR LICENSE BY MOE'S INC.: dfJl' ro v..e {- fJ ro - r ~ f..e d../ --r e.es 7. REQUEST TO AMEND DEVELOPMENT AGREEMENT FOR DEVLIN PLACE SUBDIVISION BY D.W., INC.: /.. \ A CfJ/prov..e. ~d~ -ro .6/H- 8. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A ONE STATION HAIR SALON - AT 503 W. PINE BY STEPHEN & KAYE PADORIS - NW % SE % SECTION 12, T.3N., R.1W: tZfprov.e /11"' f (ilL Clp flrt? tI.e cc::mcl../ h )n-u 9. 10. 11. 12. 13. 14. 15. 16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A NEW CHILD CARE FACILITY BY SUSAN EHTESHAMI -875 W. FRANKLIN ROAD: {!-II;} t{. ~J f.o ;:rupc{."Lf JrUw -/-/f felt. PUBLIC HEARING: PRELIMINARY PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION NO.2 BY ENGLEWOOD DEVELOPMENT CORP.- WEST OF TEN MILE ROAD AND % MILE SOUTH OF USTICK ROAD: appoVL IV I JM/-f CCJ?'L?tlh~ PUBLIC HEARING: REQUEST TO LIFT REQUIREMENTS IMPOSED REGARDING EXISTING WELL LOCATED IN SALMON RAPIDS NO. 4 BY FARWEST DEVELOPERS - SOUTH LOCUST GROVE BETWEEN OVERLAND AND VICTORY: , - . l/k a,ftp~I/rI.L'fI to /OU-jJtVl-t fl/-l elL PUBLIC H~RING: AMENDMENTS TO ZONING AND SUBDIVISION AND DEVELOPMENT ORDINANCES: Cern?) )U/lL / / II 10 /h-ac;/ PI t!l REQUEST FOR TIME EXTENSION FOR SPARKLING SPRINGS SUBDIVISION PRELIMINARY PLAT BY PACIFIC LAND SURVEYORS: approve. 6 ~-C/l- ~~~Ji#~ WATERlSEWERlTRASH DELINQUENCIES: ~?IH-oV.e-- APPROVE BILLS: CifJpov.e. DEPARTMENT REPORTS: 1. GARY SMITH: A. APPROVAL OF WASTEWATER TREATMENT PLANT OPERATIONS BUILDING REMODEL AGREEMENT. ~V~ B. TWO PARTY AGREEMENT FOR NW 8TH STREET PARKING LOT AND DRAINAGE SYSTEM. (kP):fYO~ 2. SHARI STILES: SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT. 3. WAYNE CROOKSTON: TILING EXTENSION OF KENNEDY LATERAL c/t..u;!c-- "vi Sfuvv;~ NORTH BOUNDARY LINE FENCE - GARY FORS. . }{ECEIVED CITY OF MERIDIAN PUBLIC MEETING SIGN-UP SHEET MAY - 5 1998 . . CITY OF MERIDIAN . 365 -'-IfiJ. PHONE N' TMBER ---r jJ !hY.r::t1~( ?cV~/I t~(I;(lL-" f f: Sr 7a (7 C{,l ~~ ?;ffaR'/5 J2J ~ v f;/W'~ J ~L d- e Ii- 1(.U J./.1/ ( __ :z /. ~/e" /?1 /?~ ~j lrlof7t,MJ\J . &7-:57<<7 ? Y?r 0 9st, f3/37- f3?6 77 ~~ 5;2 Y t.t - "> \ '2-. 7 MERIDIAN CITY COUNCIL MEETING MAY 5.1998 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 p.m. MEMBERS PRESENT: Ron Anderson, Charlie Rountree, Glenn Bentley, Keith Bird, Mayor Corrie. OTHERS PRESENT: Wayne Crookston, Gary Smith, Bill Gordon, Will Berg, Angie DeGrange, Kathy Sokoli, Tammy de Weerd, Elaine Estacio, Steve Padoris, Bernie Jestrabek, Mae Alidjani. Corrie: Council, I just have a proclamation that the Good Sam Club has asked if I would do, and I've done it for them. So, I'll just read the proclamation by the Mayor on Saturday, May 16, 1998. (Proclamation read in its entirety.) Council, you have the minutes of the previous meeting held April the 21st, 1998. How do you vote on the minutes for April the 21st? Bird: Mr. Mayor, I make a motion we accept the minutes of the April 21st meeting. Rountree: Second. Corrie: Motion made by Mr. Bird and second by Mr. Rountree we accept the minutes of the April 21st, 1'998. as written. All those in favor, say aye. MOTION CARRIED: All ayes. Corrie: We have the minutes of the special city council meeting held April 7th, 1998. Rountree: Mr. Mayor, I move that we approve the minutes of the special city cou ncil meeting held April 7th, 1998. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we accept the special city council meeting held April 7th, 1998. MOTI"ON" CARRIED: All ayes. Corrie: And the last one is the minutes from special joint city council rural fire district meeting held April the 14th, 1998. ( Meridian City Council May 5, 1998 Page 2 Anderson: Mr. Mayor, I make a motion we accept the minutes as written. Bird: Second. Corrie: Motion made by Mr. Anderson, second by Mr. Bird that we accept the minutes as written of the joint city council rural fire district meeting held April the 14th. All those in favor of the motion, say aye. MOTION CARRIED: All ayes. Corrie: I'd like to welcome the scouts here tonight from troop 30 in Meridian. Welcome fellows, and hope we can give you some highlights on city council here. ITEM NO.1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR THE VILLAS AT THE LAKES SUBDIVISION - NORTHWEST OF CHERRY LANE VILLAGE NO.1 BY STEINER CORPORATION. Corrie: Council, is there any discussion on this tabled item? Crookston: Mr. Mayor, I have declared a conflict of interest on this. I will step down. Bentley: Mr. Crookston, before you depart, I need to ask did you author these findings? Crookston: No, I did not. Bentley: Thank you. Rountree: Just to get some discussion going on this item and item number two, tabled preliminary plat for the same subdivision. We had met individually with the developer on this particular issue, have discussed some changes in the preliminary plat that would reflect, need some changes in the findings of facts. I understand by letters that I have received and phone calls and information that's been received by the city, that there are a number of individuals that would like to see what the changes are in this preliminary plat. Being that we had not taken action on the public hearing even though we did close the public hearing, I would suggest that we consider either moving this back to P & Z for hearing or rehearing before the city council. ( Meridian City Council- May 5, 1998 Page 3 Bird: I concur with Charlie. I think that some people would like to have a clearer deal of what the changes were. I feel comfortable with them, but I think that some of the other people aren't. Bentley: I would agree that it needs to go back. Anderson: I'd like to see it go back to P & Z and go through the process again. Corrie: Okay, if that's what the conclusion is of the council, I'll entertain a motion to that effect on items one and two. If that is the council's pleasure. Rountree: Mr. Mayorf I move that we move items one and two tabled April 21st related to findings of fact and conclusions of law for a conditional use permit for a planned unit development for Villas at the Lakes Subdivision northwest of Cherry Lane be reheard before planning and zoning with the amended plat and that be scheduled at the earliest possible date for planning and zoning. Bentley: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to refer back to planning and zoning for the earliest public meeting on the agenda of the planning and zoning. Any further discussion? Rountree: I believe the information that we have received from the public desiring information and expressing some concerns about this should made available to the applicant so they can take that into consideration in the next hearing. Corrie: Okay, we'll do that. Any further discussion? Berg: Since the attorney is not here on this issue, Charlie is your motion desire to go through the whole process of two public hearings? One before P & Z and one before City Council, or would you like the recommendation of the P & Z after the hearing is done? Why I say this is it should be pretty clear what they are going to do, just have one hearing or go through the whole process again. Rountree: I didn't know there was an option. I'm thinking it goes to planning and zoning and comes back to us with their recommendations. That was my intent. Corrie: They have to have another public hearing, yes. Inaudible. Rountree: Either that - as far as discussion could we - we've closed the hearing. By motion can we remand it back to P & Z and request them to reopen ( Meridian City Council May 5, 1998 Page 4 their hearing, and then when they are done, come back to us and reopen our hearing. Corrie: We can do that if that's your desire, yes. It's going through the process again is what you're doing. Rountree: Well, I see some structure difference from just what the applicant has to do. Corrie: The way I understand it, you want to at least let the public have another crack at this. Rountree: Yes. Berg: Just a comment. You've heard the application. You've made some comments. He's willing to make some changes. You want the public to have more input on those changes, but you are not totally rejecting the project. Rountree: Correct. Berg: So that's not really going through the whole application process with him reapplying, but you are just going through the public hearing process to make sure the public get the input. Rountree: Correct. Berg: Okay, I think that's what the intent was. Corrie: Just for my clarification. They are changing some changes on the plat as well. So they are going to have to address that at planning and zoning as well. Rountree: My motion included both items one and two, which is the findings as well as the plat. Corrie: Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: All ayes. Corrie: I'll make sure planning and zoning gets that same word. Rountree: That Mr. Campbell get that information. Corrie: I will see that he gets that too. ( Meridian City Council May 5, 1998 Page 5 ( ITEM NO.3: REQUEST FOR INSTALLATION OF SEPTIC SYSTEM FORA WAREHOUSE BUILDING BY MCCALL PROPERTIES. Corrie: Gentlemen, we are still getting stonewalled by Mr. Saum and the group. I think we better make a discussion on that to have the septic system - or not septic system - the 200 hundred feet and that land we are probably have to go through condemnation procedures and put in that section of the sewer line and then follow up later with Mr. Van Auker's 300 acres that's going to be for sewering. So if you want us to put this on the agenda for the next meeting, and for the finalization for that procedure, I think Councilmen - Council, I think there's a procedure we have to follow; is that correct on the condemnation? Crookston: Yes. Rountree: Mr. Mayor, I would have a question why we have to put it back on the agenda. It seems to me action on our part would initiate the condemnation (inaudible) this evening, if that's what we desire to do. Corrie: Okay, if you want to do that, I just wanted to have some discussion. Smith: Mr. Mayor and Council, I guess I need some clarification from Mr. Crookston. Can the City declare condemnation on this easement if it's not a City project? In other words this is a private project at this point, as I understand it. It's funded by others than the City. Crookston: If the land is in the City of Meridian, the City can condemn it. Smith: For this purpose? Crookston: For this purpose. Smith: Even though it's not a specific city project. Crookston: That's correct. Smith: Thank you. Crookston: There has to be a need for it. Corrie: If I'm understanding that right, the City does not have to do that 600 feet across there. It could be done by others other than the city. Correct? The condemnation, but there has to be 600 feet of sewer line. Does that have to be done by the City, or can it be done with the private enterprise? Crookston: I don't know that there's any 600 feet limitation on it at all. (- Meridian City Council May 5, 1998 Page 6 Corrie: I understand there's no limitation, but there's 600 feet in question. That's what the amount is. Does the city have to do that or can it be done by somebody else out there. The land has been condemned for that purpose. Crookston: A governmental agency has to do it. Because they are the only entities that have condemnation rights. Corrie: Did that answer your question, Gary? Crookston: The condemnation, you go through a legal - a lawsuit to do that for any type of condemnation. Bird: Gary, you are asking though if we have to - if the city has to pay for it as it goes through, and I think that's what the Mayor was asking. Smith: Yes. Bird: And the private developer that's putting in the sewer with the latecomers fee, paying him back. Can he take it through or does the city have to fund the 600 feet that you condemn of sewer. We know the city has to do the condemnation, but do we have to pay for the sewer through that 600 feet, or can the developer that's putting it in pay for it, and then get his money back in the latecomers fee. Crookston: I think that's something that would have to be worked out between the city and the developer. But I think if the city is going to condemn it, they either have to pay for it by themselves, or work out an agreement with the entity that is going to benefit from having that sewer to service their property. Rountree: I think the point to be made is that the sewer is the city's no matter who builds. Smith: It would be the city's at a point after it's built, after it's accepted. Then it would become the city's. Up to that point, it's not. And that's why I wanted to be sure that the condemnation, that the city was going to enter into, I assume it has to be tied to the project. And does the city have to be the primary moving force for the project. The construction of the project through the condemned area. Crookston: Since the city is the entity that would be condemning the property, they are the proper party and any cost would the city's. Smith: To build the sewer line. ( Meridian City Council May 5, 1998 Page 7 ( Crookston: To build the sewer line. I mean it's not an easy situation because of the dollars it's going to cost to condemn the property. Smith: Then Mayor, may I ask a follow up question? Will the city be required to enter into a contract with a contractor to build that length of sewer line through the condemned area? Crookston: Yes, they would if that's what the city wants to do. The city has to decide first of all whether or not they want to condemn that land for the placement of the sewer line. Smith: But it the city does decide to condemn it, they have to enter into a contract to build the sewer line through that condemned land. The line can't be built by the developer. Is that what you are saying, Wayne? Crookston: Actually I'm not certain as to how that could work out, but it's the city - if it is the city's decision that they want sewer to go through that property, then they are the entity that has to condemn it. How they go about funding that is totally a different question, but I think it's a real hard question to get someone else to fund it when the city is going to be doing the condemnation. Bird: But you're doing the condemnation because to get to the other property so it can all go on by. Once that property is condemned, then the joint deal that you do with the developer would cover that ground too. I would think. I don't know why we would have to pay for it unless we wanted to if the developer is willing to take it through. Once we get the property cleared, it wouldn't be any different from the other properties going down because he don't own all the property down there. He's got to get - you know, he's got right-af-ways to get through that. Rountree: It seems to me we might be jumping to a conclusion here about condemnation. I would suggest the city consult with an acquisition firm, seek acquisition of sufficient right-of-way or easement for the extension of the sewer through this property to and including if need be condemnation. My guess is it probably wouldn't ever get to that point. But I think we need a professional acquisition person to do that to make the appropriate appraisals and offers and get on with this. Apparently the developers involved can't get it done. It's imperative for the city to get that sewer extension in there for other reasons. That's how I would suggest going about it. Corrie: Okay, I can entertain that as a motion then and move it on. Rountree: Mr. Mayor, I move that we instruct the city attorney and public works administrator to work to consulting with an acquisition firm for the acquisition of a right-at-way or easement tor the extension of the sewer line in question to and including condemnation action on the part of the city if that need be. ( Meridian City Council May 5, 1998 Page 8 Bird: Second. Crookston: Motion made by Mr. Rountree, second by Mr. Bird on the motion as stated. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: All ayes. Rountree: Mr. Mayor, I believe when we last talked about that particular septic system someone was - I think Shari was going to consult with McCall Properties and see what the timing was. I don't know if anybody is here from those folks tonight. Gary, have you heard from? Smith: No, I haven't. Rountree: So I don't know if they are on a tight schedule or if they are just kind of flexible waiting for us. Corrie: I think that's what it is. What I would suggest is that we reject the request for installation of the septic system and move that off the table here and get it out of- Bird: I make a motion that we reject request for the septic system by McCall Properties. Rountree: Second. Corrie: Motion made by Mr. Bird, second by Mr. Rountree that we reject the request for installation of the septic system for warehouse building by McCall Properties. Any further discussion? All those in favor of the motion, say aye? MOTION CARRIED: All ayes~ ITEM NO.4: REQUEST FOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK. Corrie: So, Catherine, would you like to come up and tell us what we have here. Jestrabek: Just to say what I need to have done? Corrie: Yes. Jestrabek: Okay, we have property there that we - our septic system I mean our drain field isn't working well, so we'd like to hook up to the city. We really don't wish to hook up to the water if we can help it because we have a wonderful ( Meridian City Council May 5, 1998 Page 9 artesian well. And it would be sad not to be able to use it. We have two - the big house and the little house. There's just two of us that live there. We want to hook up the big house because when we - down the road if we sell the property, I doubt that it would be sold together because where it's located and such. So we felt that the big one would be the one to hook up and the little one, the drain field would be okay to be one there. Rountree: Do you understand the arrangements that the city makes with these hookups in terms of double fees and that sort of thing. Was that explained to you? Jestrabek: Yes, because we're in the county, I understand it costs twice as much, yes. Rountree: I think the other question I had was whether or not for sure both houses would be hooked up or we're just talking about the one. Jestrabek: We would just like the one. Corrie: Any other questions? What is your name? Hart: Bernie Jestrabek Hart. Bentley: I have a question for Gary. Is everything all right with hooking this up and setting the rates? Smith: There shouldn't be any problem. We did stub a service line into the property from the Englewood Creek Subdivision, and the use fee would be a fat rate of whatever the homes in that area are using for a minimum during the winter. That would be your sewer bill. Monthly would be same. Bentley: Thank you. Corrie: Any other questions? Okay, thank you very much. Council, your pleasure on the hookup? Rountree: I move that we approve the request for hookup to the sewer by the Jestrabeks on Ten Mile Road, understanding the double fee for the hookup. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley that we accept the request for hookup to sewer with the double fees involved. Any further discussion? All those in favor of the motion, say aye. ( Meridian City Council May 5, 1998 Page 10 MOTION CARRIED: All ayes. ITEM NO~ 5: REQUEST TO AMEND DEVELOPMENT AGREEMENT FOR RAVEN HILL SUBDIVISION PHASE 2 - EAST OF LOCUST GROVE AND SOUTH OF OVERLAND. Corrie: Is anybody here from - Chandler, is he here? Yes~ Would you like to tell us what you need the amendment for? Chandler: Mr. Mayor and Council, my name is Allen Chandler. I'm representing Raven Hill Partnership. What we're asking is to continue with our second phase of development for Raven Hill. We've platted the whole thing to start with, and when it entered into non-development agreements with Ada County and City of Meridian. At this point in time, it's impossible to tile the Hunter Lateral, which was part of our requirements. We are also required to install perimeter fencing. What we have planned all along was to install perimeter fencing at the 20 foot easement line back from the property line along the Hunter Lateral even after it was tiled. What we'd like to do is go ahead and fence that, continue with our construction. We are planning to work with Nampa Meridian Irrigation District to tile that. We will furnish the materials. They will install per their specifications with their equipment. We can't get to tiling that ditch of course until fall at this point. We would like to start construction. Corrie: Council, questions? Rountree: Discussion last meeting relative to this request was about the irrigation system, pressurized irrigation system. Chandler: Unfortunately I didn't know we were on the last agenda. We did not even have water supplied by Nampa Meridian to that system at that point in time. Since then it has all been worked over. I have personally supervised the installation of that pumping house station, and it is all in working order. We are finalizing the delivery systems with Nampa Meridian at this point. I've been working very closely with them the last two weeks. In Raven Hill, we have no problems whatsoever. They have not accepted this system in whole because there are still some things with Salmon Rapids in their final phase, I believe is what they are finishing up now, but there is not any problem with the irrigation system. Rountree: And you do have water? Chandler: We have water. At the time that this was rejected, there had not even been - or set aside, there not even any water being delivered to the pumping station. ( Meridian City Council May 5, 1998 Page 11 Rountree: Thank you. Bentley: I have a question. It's my understanding that Nampa Irrigation District is pretty full for the construction for this fall. Do they have this scheduled on their schedule to be done? Chandler: They do not have anything schedule for this fall. The way I have been instructed by Bill Hanson from Nampa Meridian Irrigation District is they set their schedule at the first board meeting in September, and not until. I've been asking for well over a year to be included in this, and he says do not even send it in. Be at the first board meeting in September, and get in then. We are also having to supply a bond for this. If this is not going to happen within 90 days of the water going out, I will put the pipe in, and I would be happy to have that be a stipulation. I would just like to work with Nampa Meridian so they are happy with it when we get it in. But if there's any chance we are not on their schedule, we will go ahead and put it in within 90 days of the water going out. But they are not accepting anything for their schedule at this point in time. Rountree: Just a comment to that. If you are working with Nampa Meridian Irrigation District at the September meeting, your materials better be on the job site or they won't even do it. Chandler: Yes. I'm talking with Bill Hanson about that. Corrie: Further questions? Smith: Mr. Mayor and Council, I've been in contact with Nampa Meridian Irrigation District, and in accordance with what Allen has said, John Anderson made the comment that Allen has been working really hard to get the pump station going and running and since the water was put into the ditch. I haven't talked to John lately but he didn't have any concerns with the system as far as the pump station is concerned or Raven Hill. Although as Allen said they haven't made a final acceptance of the system yet pending some things that have to be completed in Los Alomitos, maybe Salmon Rapids, I'm not sure which subdivisions, but the final phases of those two subdivisions are being completed now too. I've also been in contact with Far West Developers' representative, and Kim didn't call me back today, but I'm waiting for some conversation with her to see what's left to be done in those two subdivisions, so this they can be finally accepted by Nampa Meridian and put to bed. As Allen said, he's going to construct a fence along the lateral and I was going to recommend although he already said he would bond for the pipe and the installation, assuming that Nampa Meridian wasn't able to do it for one reason or the other. It would get done. And I think from that standpoint all that this exercise Allen wants to be able to receive building permits for the lots along Hunter Lateral that would back up to the fence that he would install along the Hunter Lateral, and that's the (- Meridian City Council May 5, 1998 Page 12 reason for the bonding and so forth so that he could have building permits for those lots. I think that's all I have unless you have some questions of me. Rountree: Gary, one of the issues that we talked about last time was the fence. And the unsightly conditions that result. What are your feelings at this point? Do you get any sense from Nampa Meridian that they will work with us in taking care of that problem or are they willing to not have these rights-af-way or easements fenced so that homeowners can take care of them. Smith: I guess I really haven't visited with them specifically about that issue other than I have made a comment or two to them that it is a rather unsightly situation and we're really concerned - we the City are concerned about what's going to happen to that sort of no man's land area. But we haven't resolved anything. There hasn't been any comments from them of another way to do it to handle it. Rountree: I might give that same question to Mr. Chandler if he's had an opportunity to discuss that with them. Chandler: I have not discussed that specifically with Nampa Meridian. I've dealt with this situation in the past. With the tiling of the ditch, we will put up a 6 foot cedar fence rather than a chain link fence which blocks it off. What that does is allow them to put a road down there which normally is what the situation has been. With the large pipe Jines, when we put those in the back yards of homeowners, it tends to cause more trouble than if we let them use that portion. I have been involved in that in the past with different irrigation districts, and I really recommend that you don't allow that to happen. If the ditch is there, then you fence it off and let them have it, but if you put that big pipe line in there, the first thing that happens no matter how many times you tell them they can't they put a storage shed in there. The irrigation district comes through. There's a plug somewhere. They plow the fence down and dig up the pipe. I don't know what the plan is for that piece of property that borders that. I've heard several things from the subdivision to a high school. There should be - there's a 40 foot easement there. By the time the pipe is put in, if it's all done properly, they should all be done on our side of the 20 foot, so the next developer won't have any problem with that. A 20 foot easement through there, and they would have their road to go through for maintenance, get gravel and weed abatement taken care of should alleviate most of the problem. I know what your deal is with that. If there's a high school in there, it also makes a good pedestrian path. That's a tough situation. If we put up the cedar fence rather than the chain link, it will help somewhat. Corrie: Any further questions? Thank you very much. Any further discussion on the amended development agreement? Okay. Hearing none, what's your pleasure? ( Meridian City Council May 5, 1998 Page 13 ( Rountree: I move that we approve the development agreement amendment requested for Raven Hill Sub. Phase 2 with the stipulation that a bond be provided the city for the pipe and installation of the pipe in the event that Nampa Meridian Irrigation District does not get that accomplished this fall. Bird: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Bird to approve the amended development agreement for Raven Hill Subdivision Phase 2 with the stipulation of having a bond for the pipe and installation of Hunter Lateral should the other not work with the irrigation district. Any further discussion on the motion? All those in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO.6: REQUEST FOR BEER, WINE AND LIQUOR LICENSE BY MOE'S INC. Alidjani: Mr. Mayor, gentlemen, and Council, I really don't have anything to add on to my application except the fact there is a letter in there that if it is possible to refund a portion of the application since that application has been already paid for by original owner January 1st, and if it's at all possible to consider that. Rountree: We don't refund anybody. Alidjani: Thank you, Mr. Rountree. (Inaudible) Corrie: Any questions of Mr. Alidjani? Council any questions? Bentley: Mr. Clerk is it customary to do pro-rating on these? Berg: Mr. Bentley, in the past we have pro-rated six months I believe. I would have to ask Wayne if he can remember, but I think that's what we've done in the past at least the six month period. So it's a half year, not quarterly. I'm not sure what exactly our ordinance stipulates unless Wayne can remember. Crookston: I don't think our ordinance speaks to pro-rating, but I think that the City Council has done it in the past. Corrie: For a half year? Crookston: I don't know if it would be a half year. Corrie: Quarterly? ( Meridian City Council May 5, 1998 Page 14 ( Crookston: Quarterly. Corrie: That's what I thought, but I thought I heard something mentioned about half a year. Bentley: If there's no further discussion, I would move that we approve the beer, wine and liquor license for Mae's Inc. and pro-rate it to the proper quarterly figures. Bird: Second. Corrie: Motion made by Mr. Bentley and second Mr. Bird to approve the request for beer, wine and liquor license by Mae's Inc. with the adjustment on the quarter. Any further discussion? All those in favor of the motion, say aye? MOTION CARRIED: All ayes. ITEM NO.7: REQUEST TO AMEND DEVELOPMENT AGREEMENT FOR DEVLIN PLACE SUBDIVISION BY D.W. INC. Corrie: Is there a representative for that here tonight? Wood: Mr. Mayor and Council, I've got the same problem the previous developer had. I've got the Rutledge Lateral up there in the very southwest corner, and so for me to comply with my development agreement, I can't complete that ditch until the irrigation water is out. So what I'm asking the Council to do is allow me to get my building permits when my sub's done with the understanding that I will complete that as soon as the irrigation water is out of the ditch. What I see happening there is J'm going to have to tile the ditch. It's going to affect part of the sidewalk there and that temporary turn around so I've faxed this to the fire chief and Kenny kind of took a look at it. He thought with that little bulb there, the knuckle there at the cul-da-sac, he though temporarily we could use that as a turn around for the 60 days or so. So what I'm hoping to do is go ahead and complete it as far as I can, but knowing that I can't finish that temporary turn around, maybe hold back a couple of those building permits so that you know that we won't have any problems there, but I'd like to get the building permits at least to that knuckle. So I've put x's there on those lots to make sure that we don't have any problems with fire service or anything like that. That's what I'm here for, and just like the previous one, I'll have to bond for that anyway to make sure the work gets done, so I don't have any problem with that either. Bentley: Kenny, is this suitable enough to you, give you enough room and everything? ( Meridian City Council May 5, 1998 Page 15 Bowers: Yes, we discussed this with Dan last week and also this morning, and as long as he's just going to build it. We have allowed in the past to allow two lots to go by a turn around so this will work out okay with the Meridian Fire Department. Bentley: Thank you. Corrie: Any further discussion? Wood: Thank you. Corrie: Any further discussion from the council? Anderson: I make a motion we approve the amendment for the development agreement for Devlin Place Subdivision with the stipulation that he provide a bond for the tiling of the ditch at a later date. Bird: Second. Corrie: Motion made by Mr. Anderson, second by Mr. Bird to approve the amended subdivision development agreement by Devlin Place with the stipulation of a bond for the tiling. Any further discussion? Rountree: Can we understand from the information that Mr. Wood provided us that he would not be requesting building permits for the designated lots in the illustration or should we include that as part of the motion? Corrie: Well, if you want to narrow it down, we can. Rountree: I trust him. I don't have a problem. He's on the record. Corrie: Any further discussion? Hearing none, all those in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO.8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A ONE STATION HAIR SALON - 503 W. PINE BY STEPHEN & KAYE PADORIS. Corrie: So at this time I will open the public hearing and invite Stephen or Kaye or a representative would like to come up. STEPHEN PADORIS 503 W. PINE WAS SWORN BY THE CITY ATTORNEY. ( Meridian City Council May 5, 1998 Page 16 /- \ Padoris: We have an existing home that we would like to take one of our utility rooms and make into a one station hair salon. And I'd like to comply with planning and zoning, their requirements. I've talked with Ada County Highway District and their first recommendation was for me to widen the driveway and subsequently dealing with them, they have told me that as long as I provide a turn around where people can pull out of the driveway head first of their vehicles as they enter the highway, that would work out real good with them as opposed to widen the driveway by basically 50 feet, and I think that's about where we are at right now. Back at a CQuple of the hearings at the planning and zoning I believe was suggesting that maybe the sign for my wife's shop might be put on the house itself. I'm not sure whether they are going to hold us to that requirement, but as far back from the road as the house sits, the fact we have apartments on one side of us and large trees on the other side, people driving along the street would not be able to see the sign if it is that way back at the house. So I guess at this point, I'd like to request that we might be allowed to have a smaller sign out closer to the sidewalk and the street area. (End of Tape) Corrie: Any questions from Council? Bentley: I believe in the planning and zoning minutes and the findings, someone asked you a question did you know whether the covenants allowed this. Padoris: By that question if I am in a subdivision with restrictions and covenants, no we don't have that on my property. I'm not really in a platted subdivision per say where I am tied to the rules and regulations. Bentley: They discussed with you 1 believe the handicapped access. Padoris: Where my wife has been dealing with Shari, and to iron out what's required so that we can comply with the American Disabilities Act. I know that there's a - my understanding is that we can comply if it's somewhat reasonable. Now there's two areas that I've got to get ironed out. One would be on the steps leading to the entryway. It would be very difficult to put any kind of a ramp from the steps out to ground level because it would block the access to my garage, and if I run the ramp along side the house, then it would require moving the gas meter, which would be a considerable expense trying to move that. As far as say a handicapped bathroom, providing wheelchair access, that would require a major remodel on our part, and financially that would just shoot our desire to put in the salon. It wouldn't be very cost - it would be cost prohibitive to us at this point to consider any large remodel. Bentley: One final question I have on the sign. In the findings of facts from P & Z, you stated that for the most part the shop would cater to friends and family. If that's the case then why you really need a larger sign up out in the yard. (- Meridian City Council May 5, 1998 Page 17 Padoris: Maybe I should take part of that back. We would like to have drop ins, and we would like have (inaudible) cut some hair. But I think with my comment at the time, it was to indicate that she wants to be just a small basically low volume. We probably can't see more than maybe 3, 4 haircuts a day over the course of the month. I really can't see much more than that. So, basically it would be hair cuts, really no perms. It would be a small amount of water, sewage being used because of the low volume. Bentley: Have you discussed signage with your neighbors? Padoris: A couple of them on either side, and they seem to have no problem. They are actually encouraging us to put in a shop so they can come over and visit and get their hair cut. Bentley: That's alii have. Rountree: Just a point of clarification. It appears that the motion to approve the findings of facts included the addition of the language for the small sign attached to the building. So that is part of the findings of facts. My question to you, do you have any difficulty with any other aspects of the findings of facts that were prepared by the planning and zoning? Padoris: No. I was a little bit disappointed last month when I was down here and they talked about putting the sign up on the building. My impression from the previous month that they made the suggestion of putting it up there. Last month at the facts and findings, the one member stated, he said, well, we are going to require it to be on there, and I really wasn't allowed to speak up and say anything at time. Rountree: I just wanted to point out that that actually is part of the Findings and that's what we had before us. Padoris: Right, I guess that's why I brought up the sign is that they're recommending there I guess this is my shot with you gentlemen and especially if you drive down First Street or 99% of the businesses around take a look and all their signs are right up by the sidewalks, you know right up along the street, there's very few that have signs actually on the building face itself and just the fact that our house sets so far back we even went so far the other day as to take pictures of our house to show you gentlemen but - Rountree: I guess not to belabor the point but those instances that you site are actual commercial districts and you are in a residential zone so there's difference in terms of what people expect and there's also some difference in terms of the way you're taxed so - ( Meridian City Council May 5, 1998 Page 18 Padoris: Okay. Corrie: Any further questions? Alright thank you very much. Any questions of staff? Anybody else from the public that would like to enter testimony at this time? Hearing none I shall close the public hearing. Any further questions from Council? We have a Findings of Fact and Conclusions of Law here on the conditional use permit so - what would be the Council's pleasure? Bentley: Mr. Mayor, I would move that the City of Meridian hereby adopts the Findings of Fact and Conclusions of Law as presented to us by Planning and Zoning. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird that we approve the Findings of Fact and Conclusions of Law as presented by the Planning & Zoning Commission. ROLL CALL VOTE: Mr. Bird - yea, Mr. Bentley - yea, Mr. Rountree - yea, Mr. Anderson - yea. Corrie: I'll entertain a motion on the decision recommendation at this time. Bentley: Mr. Mayor, City of Meridian hereby approves the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified appropriate by the City Council and that the property be required to meet the water, sewer requirements, the fire & life safety codes, uniform fire code, parking requirements, the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use permit shall be subject to review upon notice to the applicant by the City and also must follow the sign requirements. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird on the decision recommendation with addition and follow the sign ordinance. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #9: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A NEW CHILD CARE FACILITY BY SUSAN EHTESHAMI - 875 W. FRANKLIN ROAD: { Meridian City Council May 5, 1998 Page 19 ( Corrie: I'll open the public hearing and have the representative from the applicant - Cook: Mr. Mayor and Council, my name is John Cook of Cook Design Studio Architects. Crookston: Your address? Cook: 1111 S. Orchard, Boise. Crookston: Do you promise, swear or affirm that the testimony that you give tonight at this public hearing be the truth, the whole truth and nothing but the truth so help you? Cook: Yes sir. Crookston: Please proceed. Cook: This evening I'd like to re-iterate the discussion about the project thafs located at 875 W. Franklin. The applicant has commissioned our office to design and develop a child care facility, Dreamland Education Center. The project is comprised of a single structure 80x80 to give you 6400 square feet and attached to the building is a covered playground equipment area, it's 32x40, and if you're looking at the site plan you can see that in our initial application we had a parking configuration which we had parking designed that had been adjacent to the property on the west side. In our last hearing it was recommended by commission members that we re-design that site plan, we have done so, our total parking is 24 parking count, the facility is going in for licensure of up to 150 children, we're looking at the property as designed to carry staff load of nine to ten and that would leave fourteen for parent parking, we have access on a secondary street which goes into the commercial development, the owner Mr. Gray Wolfe will be leasing the facility to our applicant Susan Ehteshami, we're looking at the site being landscaped and one item that was brought up during our commission hearing was adequate landscaping to buffer the adjacent residential area, we've gone back and brought in a denser landscaping configuration for all the adjacent properties located on the west side, we're looking in the new site development plan of relocating the enclosed trash enclosure, that has been relocated on the site no longer adjacently as we had previously shown next to the subdivision neighborhood, we've taken it clear over to the other side of the property. The playground area will be enclosed with 6-foot high fencing that will be kept locked as far as fence and gate, the Fire Marshall is making very specific requirements on his gating requirements, the building itself will have sidewalks around it and it will have stucco finish, we're trying to come in with a theme which will be a play land as far as the design theme you see in the documents. We've got an amended vicinity map that was brought to our attention which we've (- Meridian City Council May 5, 1998 Page 20 ( shown the new configuration of all the adjacent subdivisions, that is no longer an issue, Fenway Park No. 2 & 3~ My client would request your approval this evening on this project. Bentley: Mr. Cook are you aware or is the owner aware of the construction that's going to take place on Franklin Road, changing it to virtually six lanes, five lanes of traffic? Cook: We'd heard that there would be five or six lanes and we're working very closely with ACHD. Bentley: So you understand that traffic is going to be significantly increased out there? Cook: We understand that, it probably won't make a difference whether the child care center is there or not. Bentley: Well thafs not my point, I'm talking about the safety, the safety issue of the children. Cook: Right, and we pulled our playground clear to the back of our site development plan. Bentley: Do you have any plans for what the - you said the building was to be constructed of stucco, what your color schemes are going to be? Cook: We do have that - Mr~ Chairman I have a colored board if would be of any benefit tonight to show you~ Bentley: Yeah, I think it would. Cook: The color theme selected by my client, basically light beige tans as far as the general stucco color coming in with light gray accent and we were looking at just natural sealer tones as far as a shake roof and there off different roof materials out there that are textured as shake would be or metal roofing material, I'll get into that as far as architectural document. The corner design features are not occupied, there is no glass in the upper comer turrets, we're looking at the glazing itself in and around the building as far as natural light and ventilation it will be a very well lighted natural light facility. The landscape plan that we've got in our application here has landscaping adjacent to the building to soften the architecture, we're looking at fairly high ceilings on the inside, ten foot ceilings would be very spacious inside. That's alii have for right now, thank you. Rountree: You indicated that the turrets on either side really don't function? ( \ (/ Meridian City Council May 5, 1998 Page 21 Cook: They're not occupied, basically a strictly design setting. Rountree: Does the design work one without them and two with them reduced in scale in terms of height? Cook: We've looked at a couple themes with them reduced in scale, we've felt that the design proportion didn't work but that's not saying that that may be a consideration. Rountree: Is there a function for the center turret as well? Cook: Yes, the center turret is a clear story for a large center area that would bring basically a lighted glass center, the glass in the center. Rountree: Do you have a plan view that shows the landscaping that's proposed at this point? Cook: We do have on your site plan, the site plan is a combined site plan and landscape plan. Rountree: I was just wondering if you had something that some other folks could see that you might stick up? Cook: I didn't color up a landscape plan but we could make that available. Rountree: I have no further questions. Corrie: Any further questions of Council? Bird: I have none. Corrie: Okay, thank you very much. Do we have anyone else in the public that would like to issue testimony? Crookston: State your name and address please. . Embury, C.: I'm Clarence Embury of 948 Crestwood Drive and we are along with our neighbor that's sitting back here - Crookston: Excuse me sir, you need to be sworn. Embury, C.: Oh, I'm very sorry. ( Meridian City Council May 5, 1998 Page 22 ( I Crookston: Thafs fine. Do you promise, swear or affirm that the testimony you give tonight at this public hearing is the truth, the whole truth and nothing but the truth? Embury, C.: Absolutely. Crookston: Please proceed. Embury, C.: Thank you. We are joining this property thafs just been described, now gentlemen think of this, think of this, a hundred and fifty cars go in there to drop off the children, I've got no objections to children but you've got heavy traffic on Franklin and it's getting worse every day and I think that you want to think this pretty serious, in the first place ifs zoned for housing not for commercial and the next thing you're going to have to do is put in stop lights to control the traffic on Franklin and into this business, now that's something you want to think about before you okay this here and besides ifs not a good location, it should be on another street someplace where it isn't a five lane highway where there's traffic and it's getting worse everyday because I live there. Now I don't know whether I'm telling you anything that's worthwhile listening to or not but you're going to find out you're going to have to put stoplights in just as sure as I'm sitting in this buggy that's what it's going to end up doing and I don't think it's the proper place, now I got nothing against children, I respect them very much because "ve got two good ones anyway thafs my thought and that's my little input. I think the people themselves are doing a sad, sad mistake by putting it in that location. 1 think that by you gentlemen and I forgot to acknowledge all you gentlemen including the Mayor and that's all I've got to say about it so if my suggestions are any value at all - Corrie: Thank you for your input, appreciate it. Anybody from the council have any questions at this point. Rountree: No I don't have any for Mr. Embers. Embery, C.: I used to be able to walk pretty good but not anymore. Corrie: That's okay I'm glad you - Rountree: You drive really well. Corrie: -- do a good job driving. Thank you. Is there anyone else here who would like to issue testimony in this? Crookston: Would you state your name and address please. Malory: I'm Gene Malory, I live at 958 W. Crestwood Drive. ( Meridian City Council May 5, 1998 Page 23 ( Crookston: Do you promise, swear or affirm that the testimony you give tonight at this public hearing will be the truth, the whole truth and nothing but the truth so help you? Malory: Yas J do. Crookston: Please proceed. Malory: I'd just like to add my little bit of weight to declare there what he said, we've watched this thing be rezoned several times next to us and I think now it has a R-15 rating on it which is small houses and this just doesn't seem to be the thing and we're not like he says, we're not on a small street anymore or we won't be within a year and we worry about the traffic and the noise and we had a lot of worries about where they're going to put the dirty diapers for a week, I assume that's been taken care of, it's sounds like it but I haven't seen what it is and I think that's about it. Corrie: Okay. Rountree: Mr. Mayor, just a point of clarification from Mr. Malory in terms of what that property is zoned for, it is R-15, that does not equate to small houses, that equates to potentially multi-level, multi-family type of development so in your mind it might be something similar to Stubblefield, just down the street to the east, those apartment there so I just wanted to make sure you understood. Corrie: Anyone else from the public that would like to issue testimony? The young lady in the back? Crookston: Would you state your name and address please. Secoli: Kathy Secoli, 503 North Avenue H, we'll be moving to 2534 Flat Ridge. Crookston: You need to be sworn. Do you promise, swear or affirm that the testimony you give tonight will be the truth, the whole truth and nothing but the truth so help you? Secoli: I do. Crookston: Please proceed. Secoli: Mr. Mayor and Councilmen, I'm here as a concerned parent. Since I'm going to be moving to Meridian I have been looking for childcare centers and cannot find anyone adequate for my child. The only thing that I'm hearing here is traffic and I feel that Franklin is going to be busy anyway and I think most parents who are going to be traveling that road will be traveling it anyway whether there's the facility there or not. One hundred and fifty or a hundred and sixty cars aren't {' \ Meridian City Council May 5, 1998 Page 24 going to be coming all at once, they're going to be coming in in moderation, I've been in this business for twelve years and have worked in facilities larger than that and it doesn't happen like that. Also ifs only in the morning and in the afternoon that the traffic's going to be there, it's not going to be all day. As for diapers and garbage and things like that I don't think that's a problem because they're all in bags, everything's covered, it's away from the residential areas so me personally 1 feel that those two things are minor and the City of Meridian really does need a good quality child care center, thank you. Rountree: If I might, if this is approved and becomes a reality would you utilize this facility? Secoli: Yes, I would. Rountree: Okay, there's a customer for you so - Corrie: Thank you. Anyone else? Yes ma'am. Crookston: Would you state your name and address please. Embury, M.: I am Mabel Embury, tlive with that man that was in the wheelchair for 65 years. Corrie: Congratulations! Embury, M.: Thank you. Crookston: Do you promise, swear or affirm that the testimony that you give tonight at this public hearing will be the truth, the whole truth and nothing but the truth so help you? Embury, M.: It is our last home I'm sure, it's our life saving and our backyard will be right beside where those little children are going to play, yes we love children, we are great-great-grandparents but we spend a lot of time in that yard, he can't get out and get to parks and everything like other people, that is where we spend our time and there will be and little children are noisy and thafs where we'll be is right next to a facility and when we bought that it was residential and I understood it would be residential and we wonder you know how it could be made so easily when there is so much property around I'm sure that might be better for such a facility. Thafs all, I'd welcome them somewhere but not at my back door, thank you. Corrie: Thank you, congratulations to both of you by the way, I thought my 41 years was a lot but not 65 so congratulations! Anyone else from the public? Yes ma'am. ( Meridian City Council May 5, 1998 Page 25 ( Crookston: Would you state your name and address please? Estacio: Elaine Estacio, 232 South Outfield Way, Meridian. Crookston: Do you promise, swear or affirm that the testimony you give tonight at this public hearing will be the truth, the whole truth and nothing but the truth so help you? Estacio: Yes, I do. Crookston: Please proceed. Estacio: Mr. Mayor, Councilmen, if anybody has any objections to Meridian getting a new daycare facility they obviously donlt know the frustrations we as parents face trying to find good care for our children of all ages. According to the list given to me from the child care licensing department as of the end of March 1998 we have only 47 licensed day cares in Meridian, six of which are out of city limits, 27 of which care for less than 184 children which leaves the balance of 14 day care centers to care for all the rest of our children while we work. With the population of Meridian nearly 30;000 and 20,000 children enrolled in our schools where do our infants, pre-schaofers and after-schaolers go? As an adjacent property owner too and resident of Meridian I believe having daycare close and near my home is to my neighborhood's benefit. A lot of our children are latch key kids because they do not have the facilities in our part of town and near our grade schools for our children to go before and after school. As for the noise, weill welcome the laughter and noise of a child to help drown out the industrial noise we already do have on the Franklin Road area but in reality these children are not going to be dropped off into an empty field but a large building and divided into smaller groups and not left outside to scream and shout day and night. As for traffic, weill canlt see parents that are already driving down Franklin Road headed to work stopping to drop their children off adding that much more to the traffic. The owners of this facility have done everything they can to accommodate everyone's concerns and as a state-licensed facility they will face scrutinizing from every department as long as they are open. Something is going into this vacant lot eventually, I'd much rather it be something safe and beneficial for our youth. I give my support for this proposal, thank you. Corrie: Any questions? Anyone else? I believe there's a hand back here, yes malam. Crookston: Would you state your name and address please? DeGrange: My name is Angie DeGrange and I live at 900 West 12th Street in Emmett, Idaho. ( Meridian City Council May 5~ 1998 Page 26 ( Crookston: Do you promise, swear or affirm that the testimony you give tonight at this public hearing will be the truth, the whole truth and nothing but the truth so help you? DeGrange: Yes I do. Crookston: Please proceed. DeGrange: Mr. Mayor and Councilmen, basically I just wanted to give my support to this child care facility because I also am going to relocate and when I have checked into the current childcare situation right now especially for after- school latch key children there is like a year's waiting list at this time which means that I cannot relocate and move over here for employment until I can find a place for my son and he is also is attention deficit and I understand that this is going to be an educational center which is going to offer programs for children for like that that need to be doing something all the time and so actually unless I move here and take my child out of Meridian there is not, other than a couple of small homes, for my son and so I am definitely in support of this and that's what I was here to say. Corrie: Okay, thank you. Any questions? Thank you very much. Anyone else wish to - yes ma'am. Crookston: Would you state your name and address please? Ehteshami: My name is Susan Ehteshami and I live at 5569 North Tumbleweed Place. Crookston: Do you promise, swear or affirm that the testimony you give tonight will be the truth, the whole truth and nothing but the truth so help you? Ehteshami: Yes I do. Crookston: Please proceed. Ehteshami: Well I'd like to - I've been working on this opening but instead I'd like to apologize to Mr. & Mrs. Embury for inconveniencing them and making them and making them travel down here and I'm sure it wasn't a pleasant trip for them and I really would like to apologize for that and we have seen some of their concerns and as Mr. Cook went over every thing we have tried to do the best we could to accommodate their concern, we have put in an indoor playground area so when the kids are in need of some activities they can play in the indoor playground area and that's not to say that the kid's are never going to be outside if you know, there are going to be times if the weather cooperates, teachers will take the kids outside and they take turns and they will be supervised so the kids ( Meridian City Council May 5, 1998 Page 27 don't get overly loud but mainly this society has given me and my family so much and I value education and family so much that that's one of the ways that I can give back to this society. Some of the parents have made the comment to me that 11m not in this business only for the financial end of it, we do own another business, a successful business in Meridian, and as a mother I had my kids in daycare until February. I walked into a center back in February and I saw my child being placed on top of a washer and there's not a worse feeling than that, I looked everywhere and I couldn't see my three-month infant and finally I found the director and I said where's my baby and they said oh, she was sleeping so we didn't have a place for her, we put her on a washer in the kitchen and I thought it's time to do something, make a difference and financially ifs not an easy thing for us to go through but again hopefully the payback will be to the community and to us as parents as well. Again the concerns, we really have tried to address the concerns and if there's anything else you would like to have us to change or propose we're more than willing to go ahead and make the changes but really our kid's they need a good daycare yesterday so I would like you to take that into consideration and let us know and the traffic has been coming up again, we all know that Franklin is going to be widened and then the main entrance to this facility it's going to be on the side street that Mr. Wolfe is going to put in his property and it's not going to be directly from Franklin so there's going to be a side street that goes there and from what I understand R-15 you can put in fifteen homes per acre, this is about I think 5 Y2-6 acres so that can easily add 150-160 cars traveling that route so 11m really asking you to please consider approving this proposal for the people of Meridian. Thank you. Rountree: Did you get an opportunity to read the Findings of Fact and Conclusions of Law from Planning & Zoning? Ehteshami: Yes sir. Rountree: Do you have any issues, concerns with those? Ehteshami: No, there was a problem with the garbage and we were careless in placing it where we had placed it to begin with and we took action on that and we moved it as far away as we could from residentials and I also have spoken with Mr. Alidjani and he referred me to another gentleman at Meridian Sanitation and they said they can have pick-ups six days a week if we pay the additional charges which we're willing to do. Rountree: Thank you.. Ehteshami: Thank you. Corrie: Any further testimony? Yes malam. ( Meridian City Council May 5, 1998 Page 28 Crookston: Would you state your name and address please? Berry: My name is Sandy Berry, I live at 9696 Gloria Road in Middleton, Idaho. Crookston: Do you promise, swear or affirm that the testimony you give tonight will be the truth, the whole truth and nothing but the truth so help you? Berry: I do. Crookston: Please proceed. Berry: I just want to let you gentlemen know that I'm another concerned parent. I live in Middleton but I work in Meridian, I'd like my kids near me so they're not so far away so if they're sick or something I don't have to go all the way to Middleton to take care of them. J have physically been to several day cares in Meridian, we really need quality daycare. 11m in support of it, a lot of the daycare centers are also on the other end of town and you know if you go down First Street it's getting harder and harder to get to the other end of town so I'm really in favor of one on Franklin on this end and that's alii have to say. Corrie: Any questions? Thank you very much. Anybody else that would like to make testimony tonight? Yes sir. Crookston: Would you state your name and address please? Howell: My name is Ryan Howell, I live at 661 W. Woodbury. Crookston: Do you promise, swear or affirm that the testimony you give tonight at this public hearing will be the truth, the whole truth and nothing but the truth so help you? Howell: Yes. Crookston: Please proceed. Howell: Gentlemen I would like to lend my support also to these people and their efforts to build a quality child care facility in this good neighborhood that we live in. I'm a very fortunate father, I have two young children and I'm lucky enough that my wife is able to be home with my children however I have a lot of friends who do not have that ability and I see the frustrations that they go through. I also have seen some of the frustrations that they've had as they've gone in and seen what's going on with their children and I would like to vouch for the character of the owners. Jrve been associated with them in business and J've also met their children and the way that they behave and 1 would love to have more children like that in my neighborhood personally and so not only do I believe that it's a ( Meridian City Council May 5,1998 Page 29 gook asset for our community but also that these individuals will do an extremely good job as well, thank you. Rountree: Thank you Ryan. Corrie: Anyone else issue testimony? Yes ma'am. Crookston: Would you state your name and address please? McDonald: Lona McDonald, 1019 E. Puffinr Meridian. Crookston: Do you promise, swear or affirm that the testimony you give tonight be the truth, the whole truth and nothing but the truth so help you? McDonald: Yes, I do. Crookston: Please proceed. McDonald: There again I am a very concerned parent with a child in Meridian. would like to be able to go to work knowing my child is well cared for in a good facility. There's nothing worse than going to work not knowing what type of care your child's getting so I just think that Meridian needs a very good quality center and I'm in support of it. Thank you. Corrie: Thank you. Anyone else? Mr. Cook you have the last work since you were the first representing the client's, do you have anything to say? You don't have to come up if you don't want but you can. Bentley: Oh he does. Corrie: I stand corrected. Would you come up please? Crookston: You have previously been sworn just state your name please. Cook: My name is John Cook, I wish to basically also testify to the character of my client. I have put together a number of large care facilities in the Treasure Valley area and we have gone through extra exerted effort to meet a design criteria that satisfies the community as well as the Commission and it's my pleasure to represent Susan Ehteshami and this project. I concur with the way here neighbors feel. Meridian does need a larger full care facility. Thank you. Corrie: Okay, I believe Mr. Bentley has a question for you. Bentley: Mr. Cook1 I wanted to ask you about your signage, what you propose. ( Meridian City Council May 5, 1998 Page 30 Cook: Right now we have got a free standing monument sign and we have an illustration on our site plan. The Commission has asked us to reduce the scale of the signage and in our amended plan we reduced it down by about a third of what we had proposed before which would be a sign that would be four feet high, seven foot long and that includes the graphic caricature of a castle motif to go along with the signage and the words that are up there. We're looking at a five- foot high as far as the scale of the sign to the building, it'll be probably in proportion as far as what we're looking at as far as the sign we really don't know what kind of other signs may be developed in the total property parcel and as Susan has testified if there needs to be an amendment to the signage we'll address that. Bentley: Okay, and I probably should have asked her this but maybe you know, do you know how many provider's they're going to have if the thing is filled to capacity? Cook: My experience in child care facilities they have to go for a license (inaudible) at the state and usually it's a two-thirds occupancy and that allows for a few drop ins on an intermittent basis, that's been my experience. Bentley: Okay, thank you. Anderson: I have a question. I was reading the landscape schedule here and along those adjacent properties where we're concerned about the noise levels and that, it states in here that you have three-gallon size, is that correct? Cook: They shouldn't be, they should be three-inch caliper. Anderson: Oh three-inch caliper. How tall would these trees be when they're originally planted? Cook: Originally planted they would probably be in the height of ten-feet and it would mature to a 30-foot canopy, 20 to 30-foot diameter, and that's usually an eight to ten year growth period. Anderson: Okay, thank you. Corrie: Any further questions? Thank you. I will close the public hearing at this point and entertain discussion from council. Bentley: Mr. Mayor, I would like to hear comments from staff on this. Corrie: Okay, Mr. Smith? ( Meridian City Council May 5, 1998 Page 31 Smith: Mr. Mayor and Council, I think the only comment that I would make concerns the sewer connection and as my assistant Bruce Freckleton mentioned there is no sewer in Franklin Road at this time. It is to be constructed as part of the re-construction of Franklin Road, it's included in that contract if and when that happens but right now there is no sewer available on Franklin Road, water does exist on the north side of Franklin Road at this point and sewer exists inside the subdivision to the west of this site and to the east in the Franklin Square Subdivision but there isn't anything in Franklin Road. I have been in contact with an engineer, Briggs Engineering, they called me about this providing both sewer and water sub outs to the property at specific locations and I corresponded with them saying that yes we could accommodate whatever they want wherever they want it placed and I think that Mr. Wolfe was - I think his name was used in my correspondence with Briggs Engineering on that issue. Bentley: And the capacity for that line; would it support this? Smith: Yes, it's not a problem there. Bowers: Mayor and Council, we don't have any problem with it at this time as long as all the codes are met and possibly Councilman Ron Anderson could help me, I received a letter today from the State Fire Marshall and I have not got to read it yet but it talks about new ratios of staff to children and could you talk on that Ron at all? Anderson: I haven't seen the letter yet, no. Bowers: Okay, I just received it today and I didn't go through it so there's a new ration coming out in June or July on staff to children. Rountree: I guess I would direct this to City Clerk Berg, we have a -- (end of tape) -- anyway, we have a larger facility on Fairview. As I recall one of the issues that came before Council was noise and the proximity to the neighborhood, I believe it was granted a conditional use permit, to my knowledge I've never heard any complaints related to the activities that are going on there either you or Gary or even the Mayor. Berg: I have not received any written complaints of that or even verbal ones that I know of and that is a conditional use and it would be reviewed annually if there were any complaints unless Shari has gotten any from the Planning and Zoning Administration. Rountree: Okay, thank you. ( Meridian City CouncIl May 5, 199_8 Page 32 Corrie: Further discussion? Hearing none. What is the Council's pleasure on the conditional use permit for a child care facility at 875 W. Franklin Road? Counselor? Crookston: I think that there has been a fair amount of additional testimony and the Findings of Fact and Conclusions of Law need to be amended to incorporate what has been testified to. Corrie: Council? Rountree: Mr. Mayor, I have no objections to the testimony being included into the Findings, I think they should, there's considerable more testimony particularly supportive in terms of the decision, the recommendation with the revised Findings and Facts. My preference would be to indicate to acceptability with the new revised site plan any efforts on the part of the applicant to address the issues that have been brought up. Corrie: Any further discussion? I'll entertain a motion then. Rountree: Mr. Mayor I would move that we have counsel redraft the Findings of Fact and Conclusions of Law for the conditional use permit request for the new child care facility at 875 W. Franklin. Bird: Second it. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we have new Findings of Fact and Conclusions of Law for the conditional use permit for a child care facility at 875 W. Franklin Road. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. Corrie: Counselor if you'll draw up those new findings and we'll - Crookston: -- Two more weeks Corrie: Next meeting. What they're doing, they're adding the testimony tonight to the new facts and - Findings of Fact and Conclusions of Law and then wetll bring it back the next meeting and we'll vote on it so we just want to add the new testimony that was given here tonight to this. No more public hearings we'll add the testimony tonight to that. Bentley: Mr. Mayor, I move we take a ten-minute break. Rountree: Second. ( Meridian City CouncIl May 5, 1998 Page 33 Corrie: We'll have a ten-minute break. -- Okay the Council is all back in their seats and hands folded so "II call the meeting to order. Sorry, I talked to a third grade class today and it was just come natural that they had to be quiet and fold their hands and listen to me. ITEM #10: PUBLIC HEARING: PRELIMINARY PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION NO.2 BY ENGLEWOOD DEVELOPMENT CORP. - WEST OF TEN MILE ROAD AND % MILE SOUTH OF USTICK ROAD: Corrie: At this time I'll open the public hearing on item #10 and invite the persons with Englewood Creek Subdivision to step forward. Crookston: Would you state your name and address please. Tomlinson: My name is Richard Tomlinson, I work at Hubble Engineering, 9550 Bethel Court in Boise, Idaho. Crookston: Do you promise, swear of affirm that the testimony you give tonight at this public hearing be the truth, the whole truth and nothing but the truth so help you? Tomlinson: Yes. Crookston: Please proceed. Tomlinson: Thanks. Just to kind of start off with Mr. Mayor and Council members, this Englewood Creek Estates Subdivision No.2, it's the second phase of a subdivision that was originally preliminary platted in 1993, the development I think has changed hands a couple times and I'm here on behalf of the current developers, Englewood Creek Development Corp., and because the preliminary plat had expired they are reapplying for a preliminary plat and not a lot of things have changed from the original one that was approved some years ago, there's been a little layout change but it's been basically dictated by the surrounding areas that have developed since the original preliminary plat had been taken so it's met all the conditions needed for development. I received the general comments and site specific comments from Bruce Freckleton and the Public Works Department and have addressed those in a letter to you all and also have agreed with all the comments, there was one that we touched on during the Planning and Zoning Commission about needing a 20-foot wide common lot for the sewer line from the south. There's an undeveloped phase of the Lakes at Cherry Lane, I believe is the kind of townhouse area on the east end of the Lakes at Cherry Lane, the sewer that comes through there, I'd spoken with Bruce Freckleton and I think he talked with Gary and we've kind of worked out ( Meridian City Council May 5, 1998 Page 34 ( \ that we would have a twenty foot easement there as opposed to a common lot. The easement would be completely on one lot so there wouldn't be a fence down the middle of the easement to get access to the line or any maintenance that would need to be done on that. We would like to do this in lieu of a separate common lot because the lot wouldn't go anywhere except to the backyard of- well not the backyard but the common area of the townhouses that'll be developed sometime on the south. Other than that, have you received the letter that I sent to you last week addressing the comments from the Public Works Dept. and staff? If you have any questions I am available. Corrie: Questions, Council? Bentley: I have none at this time. Bird: I have none. Corrie: Alright, thank you. Anyone else from the public that would like to issue testimony in this preliminary plat public hearing? Hearing none I'll close the public hearing. Questions from Council, staff? Rountree: Comment from Gary. Smith: Mayor and Council, we don't have any problems with their responses to our comments and Rich has related the information on the sewer easement as Bruce Freckleton related it to me, it's a relatively short length of line that's accessible from both ends with a manhole, the common lot didn't make any sense because it wasn't going anywhere other than it was dumping into another common lot that belongs to that subdivision to the south so it wasn't really serving any purpose and it would probably create a problem for the adjacent lots so we felt that in this case an easement was most appropriate. I think that was the only issue really on our comments and that has been resolved, thank you. Corrie: Any further comments? Rountree: Mr. Mayor, J make a motion that we approve the preliminary plat for the Englewood Creek Sub. No. 2 subject to staff comments. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we accept the preliminary plat subject to conditions of staff. Any further comment, discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. ( Meridian City Council May 5, 1998 Page 35 ITEM # 11: PUBLIC HEARING: REQUEST TO LIFT REQUIREMENTS IMPOSED REGARDING EXISTING WELL LOCATED IN SALMON RAPIDS NO. 4 BY FARWEST DEVELOPERS - SOUTH LOCUST GROVE BETWEEN OVERLAND AND VICTORY: Corrie: At this time I'll open the public hearing on item #11 and invite the attorney to start. Crookston: Would you state your name and address please. McCall: My name is Brian McCall, my address is 420 W. Washington, Boise. Crookston: Do you promise, swear or affirm that the testimony you give tonight will be the truth, the whole truth and nothing but the truth so help you? McCall: I do. Crookston: Please proceed. McCall: Thank you. Mayor and Council, the agenda item is a bit of a misnomer, this is a request by my client, Farwest Developers to modify and/or clarify a particular portion of the Findings of Fact that were passed by the City in February of 1996 with respect to the phase of Salmon Rapids Subdivision that was then known as Salmon Rapids No.3, those who are Findings of Fact and Conclusions of Law with respect to the annexation and the rezoning of what was then the balance of the Salmon Rapids project. Just briefly, Salmon Rapids together with Los Alamitos Subdivision are subdivisions somewhere short of 300 single family lots. The pressurized irrigation system that serves both of those subdivisions has two sources of water, there is a well located in the Salmon Rapids property and there is surface water comes out of Hunters Lateral it goes to a pumping station, actually there was some testimony on it tonight on the Los Alamitos property, it's a closed system, there's both of those sources of water then serve as - those all stages of both of those subdivisions and Raven Hill Subdivision. When Salmon Rapids was originally developed and Los Alamitos, the well was approved to be sufficient enough water for Salmon Rapids No.1, Los Alamitos No.1, and a very small stage of Los Alamitos No.2. When the developer came to request annexation and zoning for Salmon Rapids No. 3 the public hearing was in August 15, 1995, at that public hearing there was testimony from an individual neighboring property owner that he had concern about the impact on his well and some other neighbor wells, hypothetically, of the use of the well on Salmon Rapids. That created a great deal of inquiry by the City Council at that point and time, they instructed the City Engineer to inquire with Water Resources at to whether or not the City had any liability in this area and the upshot of it was to ultimately pass those Finding of Fact that we referred to in February of 1996 and a portion of those Findings required that the developer monitor this well and ( Meridian City Council May 5, 1998 Page 36 neighboring wells. The particular language that went in there, it's not clear that there was any public testimony on it and it's not really clear where the source of it came from but nonetheless the portion that we seek tonight to modify is the portion that is found on page fifteen and 1111 just read it and then 1111 tell you what we'd like it modified to. "That the monitoring shall be performed bi-weekly during the months of April, May, June, July, August, September and October and that the applicant shall approach two adjacent landowners if possible to obtain permission to monitor their wells on the same bi-weekly schedule" and then down a little bit further "that this monitoring of the well shall go on until the wellls are no longer used for pressurized irrigation and shall also be addressed in the development agreement that the applicant shall annually provide the well monitoring information to the State of Idaho Department of Water Resources and have it determine if possible the impacts on the ground water of applicant's use of well water for pressurized irrigation." Now what happened next was the City Engineer requested or retained a hydrologist to give the City some sort of guidance on how to implement this well monitoring and you have before you Mr. Edward Squire's, the hydrologist's report. The City Engineer, Gary Smith had retained him and asked him to issue his report. In his report, and you have it on page three, he recommended a slightly different monitoring schedule and I quote from that, IWe recommend monthly monitoring of water level, total production and discharge rate if pumping for the Goldsmith, Babbitt and Shipley wells over the course of the year so that the seasonal groundwater fluctuation can be quantified and separated from possible interference affects and to establish baseline water levels for the monitoring wells. Once the data has been accumulated for a year monitoring frequency of the observation wells could be relaxed to one or two measurements per year. The Goldsmith well should be measured monthly through the winter non-pumping season for the first year (1996) a particular importance are the pre-irrigation season measurement taken in early March and the end of season pumping water level measured in early November for subsequent years only the early March and early November measurements should be necessary with no winter measurements." Now the difficulty is and I was before the Council back in January, I think it's the policy of this Council to have developers turn over to the appropriate irrigation district, in this case Nampa-Meridian Irrigation District, the pressurized irrigation system. We have been trying to turn over this system to Nampa-Meridian for the better part of a year. 11m not going to represent to the Council that this is the only problem but everything seems to be pretty much go now, they have a few items on their punch list but they refused to take this well because they don't like the open ended well monitoring verbiage if you will in the existing Findings of Fact. I came before the Council before and sort of suggested that based upon this hydrologisfs report who says that there should not be any interference from this well on other wells number one and based upon the Department of Water Resources. response to the City Engineer saying that they didn't feel it was appropriate for, that it was the proper jurisdiction for a city to get into water competing disputes. I had come before the Council and suggested that we lift ( Meridian City Council May 5, 1998 Page 37 these in their entirety. The Council I believe was somewhat sympathetic because you know we need to get these things moved around so that we can get the water system over to Nampa-Meridian but indicated to me that because these Findings were the result of public testimony at a public hearing we should come back at a public hearing, in the meantime and so thafs why we're here tonight, but in the meantime I have met with Nampa-Meridian and Nampa- Meridian has indicated that if the well monitoring language in the Findings of Fact are modified or amended to have them replaced with Mr. Squire's recommendation with the further caveat that they have a five year sunset clause, they would then be comfortable taking over this well. Now, do we care whether the well is taken over? The pumping station that utilizes surface water that's over in Los Alamitos was designed with enough capacity to do all of Los Alamitos, all of Salmon Rapids, all of Raven Hill, so there is more than enough capacity there and that we have sufficient water rights so the developer in one sense really doesn't care and the developer wants to get it over to Nampa- Meridian and they can just cap off the Salmon Rapids well but the City Engineer has indicated that that would be a substantial waste of a water source. This particular subdivision like a lot of them has as a secondary source city water so that when the water goes out of the ditches for surface water that homeowners have available to them city water but they wouldn't have to use city water if we could keep this well in production because it is a secondary source and it would be a source that there would be water there and historically always has been water there as best I know, nobody has reported otherwise, both before the season and after the season so it was at the City Engineer's instance that we moved ahead with this request by way of public hearing to modify the Findings of Fact in the February 6, 1996 hearing to be amended to incorporate in their place the recommendations of Mr. Squires as I've read into the record. Thank you. Corrie: Any questions Council at the present time? Bentley: You say that this serves all of Salmon Rapids and Los Alamitos? McCall: Well right now there's the well and then there's the pumping station, if you cap the well the surface water that's already in Los Alamitos and the pumping station that Farwest Developers put in has the capacity to service both subdivisions and in fact, should service both subdivisions exclusively during the irrigation season because the water right associated with the well is -- from the Department of Water Resources - has a condition on it that it be utilized only in years where there's insufficient water or only as a backup so it would be actually a fairly nice fit to utilize this well primarily under - consistent with the license from Department of Water Resources, consistent with their restrictions. Bentley: But is the entire pressurized system in and functional? ( Meridian City Council May 5, 1998 Page 38 McCall: Yes, the entire system is in and it is looped, in other words there is a valve that goes from Salmon Rapids across Locust Grove to Los Alamitos so you can screw that off - I mean you could isolate it if you wanted to, that's probably not answering your question. Bentley: It seems to me and Gary you might have to help me with this, we have a problem with one of these subdivisions of Mr. Goldsmith's where it's not hooked up. Smith: Mayor and Council and Councilman Bentley, I think there are some problems existing with the Los Alamitos and the Salmon Rapids pressure irrigation system as of today, I'm not sure what they are, I don't know that they're major, I think there are issues that Nampa-Meridian needs to have addressed before they will sign off on the system and totally accept it, that's what Alan Chandler has been working on from the Raven Hills development on his subdivision in terms of the distribution system I think that the pump station as Brian has stated that serves all three subdivisions is functional, is operation, the things that need to be corrected in Los Alamitos, the last phase of Los Alamitos and the last phase of Salmon Rapids, I don't know what they are, typically I think what they amount to in most any subdivision is leakage and pipes, height of risers for homeowners to connect to, detail type stuff. McCall: This is somewhat hearsay but Mr. Goldsmith's right hand assistant Kim, I spoke with her yesterday and that's why I say there is a punch list that welre working through with Nampa-Meridian Irrigation, I asked her "A" what that was, liB" when she thought it was going to be resolved. The punch list as I understand it and I don't have any direct knowledge of this, is that in Salmon Rapids No. 4 on some of those lots that have - that are still in the development stage, the risers that indicate where the stub out if you will to the system have been buried. Nampa-Meridian wonlt take it until we go find them, locate them, there is a portion of the line in Salmon Rapids that is and I don't know whether we're talking main line or some sort of lateral that is uncovered and needs to be appropriately buried and she also spoke of there have been some leaks but as Gary says that's in the distribution system, Mr. Chandler put in the pumping station, it has the capacity obviously if there's a weak chain and there's a leak somewhere it probably upsets the whole thing but I'm not sure that - that may be another issue that we may need to address but it's not particularly on point with respect to the monitoring requirements in the well. Bentley: Thank you. Rountree: You indicated that the well would be operated per either the permit or the guidance or certification or whatever by Water Resources, is the well identified for a certain capacity and that capacity would not be exceeded is that what I understand from that comment? ( Meridian City Council May 5, 1998 Page 39 McCall: Yes, it is. There are actually three different water permits. The original permit dates back to sometime in the early fifties and it was a permit for then 23- acres that didn't speak to residential lots. When Mr. Goldsmith started this development he applied to Water Resources to have that water right transferred across the street so that water from the well could be sprinkled on lawns and Los Alamitos. That's the second water right and that covered only Salmon Rapids No.1, Los Alamitos No.1, and I believe under twenty lots in Los Alamitos No.2, then as development progressed and we added a whole bunch more lots in Los Alamitos and Los Alamitos the rest of No.2 and No.3 and Salmon Rapids now No.4, we went back to the department of Water Resources and they substantially expanded the water right in terms of their measurement and I believe the original 1953 water right was at .46 CFS, they added an additional 1.5 CFS's so we actually think that we've got enough water out of that well that during the non-irrigation system all three of those subdivisions probably would not have to use any city water and I think that's the City Engineer's interest in this. Smith: Yes. Rountree: So you're close to 2 CFS with that expanded water right. McCall: That's exactly right, translated into acres it would be 75 plus 23-acres, translated into lots, although the first water right was not stated in lots we've used their formula and I know that Gary disagrees with us on this but under their formula it comes up to 306 lots and with the - I'm not going to get into the lot issue because I'm not absolutely certain on this. A lot of lots. Rountree: So you have a water right that's substantiated by Water Resources to use that water anyway. McCall: That's correct. Yeah, the only question - yeah we can use itl we've sort of like to use it and I think it makes sense to use it but Nampa-Meridian who knows all about water running in ditches and doesn't know very much about water in wells, when we sat down to discuss the fine print of turning this thing over I opened my big mouth and said that there are some restrictions attached to this as imposed by the Meridian City Council back in February of 1996 and they said oh, what's that? and then I read them and they said oh, we've got to sign on to monitor Mr. Babbitt's well for the rest of history, we won't take it with those restrictions and I said well actually the hydrologist says that it's not necessary so I'll go in front of the Council and see if we can get it changed. Rountree: Thank you. Corrie: Is there anyone else who would like to issue testimony? Mr. Shipley? ( Meridian City Council May 5, 1998 Page 40 ( Crookston: Would you state your name and address please. Shipley: John Shipley, 2770 S. Locust Grove, Meridian, Idaho. Crookston: Do you promise, swear or affirm that the testimony you give tonight at this public hearing will be the truth, the whole truth and nothing but the truth so help you? Shipley: I do~ Crookston: Please proceed. Shipley: Let's see where willi begin at. He told you about the original allotment for the well, I'm going to tell you about the end of the draught which was six years ago, about six years ago we had the end of the draught when we stopped the irrigation water on the 15th of July and that 23-acres up there was being watered one early day in October and I couldn't get a shower that morning, we'd been out of water most all summer from the 15th of July so the surface water that goes back on the ground does have an affect. Jerry McDermott owned that land over there, that weill think it was put in in 1953 or 1957 or something like that just to irrigate that hill up there because they were going to have to pump water out of the ditch uphill anyway and I went over and I said I need some water to drink I'm (inaudible) in my faucet and I've got to get the well guy out, he says I wonder if my well's doing that, I've been pumping that sucker for two or three days longer than I really needed to so he went up and turned the pump off and by that afternoon I had water back in my well and I never experienced another problem. Now that land out there is real funny, it's got layers in it you know and I suppose the water gets down in there eventually but a lot of our surface water just runs off into the nine mile drain or off onto the other side of my property there's a ditch that funs down there that goes back to the Nine Mile Drain but last summer the lightening hit my well and I had to have a new pump put in and I found out I only have a 45-foot hole for my well and my pump was only sitting at about 23-feet, I put it a little deeper than that, the new pump, so that could really - you know there's probably a lot of water down in the ground there but as we keep adding more houses and more subdivisions, they're putting another 43-acres of houses in on my south side now and each footprint of each house that goes in there doesn't allow water to absorb into the ground anymore and the streets and the sewers you know, people that have lived out there for years that have a septic system and they pump water out of the ground they're actually it right back in the ground again so with more and more houses by the hundreds and the city well that goes 30Q-feet deep or something like that and they're all pumping water into their houses and out into the sewer and it never goes back into the ground, eventually it's going to make an effect and the reason that you guys here in the City Council impose that monitoring situation was because Water Resources, ( Meridian City Council May 5,1998 Page 41 and check me if "m not right, they said something to you guys to do that, you were hand and hand in talking to them at the time the last testimony was done on that. Now I've got - there's two wells on my property, one of them's the old 1897 well that hasn't been used for years but they can still monitor it without causing any trouble, they can go in there any time they want, I told them that, they were in and out of there last summer occasionally and dropped a thing down it and it's about 50-foot away from my well. This well that we're talking about is probably 150-yards away and sits up on the hill up there but it goes deep enough that it evidently has had some effect on mine. If they don't want to monitor that any more if they'd just put some kind of a bond forth if live got to spend money on my well to - that you know, if it starts going dry that somebody else pays for re- putting the pump in there, I just put in another pump last year because the lightening got me so I'm just trying to protect my water right and if they're going to water a whole bunch of other houses you know and you'll go up there and you'll find it running out in the gutters and everywhere else because thafs what it does when they sprinkle things. We just got to remember that what goes in the ground comes out and what comes out and it donlt go back is - the hammer's going to fall somewhere along the line and that's why you people have put the monitoring on those wells but you know just to make sure that with all this addition and that isn't going to be all of Salmon Rapids or Los Alamitos fault when they're putting more houses in that used to add water too you know so it's a concern because I can't look into the ground like Superman and tell you what's going on down there I just know at one time I did have a problem and so that's why I'm here at the meeting tonight so you guys figure it out, if they don't want to monitor anymore maybe they can pay for putting a new well in on me that's deeper. Rountree: Mr. Mayor, I had a question for Mr. Shipley. I'm pretty sure you've told us this before but I just wanted to get my memory back. Your well just provides domestic water, you don't irrigate with that or do you have a garden or- Shipley: No, it might water the flower patch, the roses in the front of the house and it goes out to the stock water where the cattle drink. There's two outside spigots and the rest of it goes in the house. Rountree: And then you irrigate with surface water? Shipley: I irrigate with surface water, front lawn, everything irrigated with surface water, the whole place, anything, any other questions? Rountree: That's alii had. Corrie: Anyone else wish to issue testimony here tonight? Crookston: Would you state your name and address please. ( Meridian City Council May 5, 1998 Page 42 Inmen: Chad Inmen, 2634 South Weber Rapids Place, Salmon Rapids Subdivision, Meridian. Crookston: Do you promise, swear or affirm that the testimony you give here tonight will be the truth, the whole truth and nothing but the truth so help you? Inmen: Yes. Crookston: Please proceed. Inmen: I just want to let you know that I do live in that subdivision and I have paid Nampa-Meridian Irrigation District, I don't know where it is as far as who controls it, I know I paid them and I've had questions about my water not being turned on at the beginning of the summer when there is irrigation water in the ditch and I called them and they said that they couldn't get any answers to me that it was - I was paying them but they still had control so I just want to make sure I get water you know, the city water, I don't want to take the city water, ifs a lot more expensive to water my lawn and wash my cars and I do feel for Mr. Shipley though and I grew up on a well and I know how that goes so if we can get water from Los Alamitos in that pumping station over there during the - when they're irrigating, when the irrigation water is in the irrigation ditch I feel that would be fine it just comes down to just a few dollars for all those people that want to wash their car if they want to or water their lawns in that time of the season. Anderson: Are you getting water now? Inman: Yes. Corrie: Okay, anyone else wish to issue testimony here? Do you have any back-up, follow up that you would like to do, any questions they haven't answered? Anderson: Mr. Shipley is obviously correct that there's more and more development that there's greater pressure on a limited resource. His well has a defined water right with the Department of Water Resources, this well has a defined water right, when the city wrote to the Department of Water Resources and asked them a few questions one question was precisely that, what happens if there is an interference from one well to the other and the department wrote back, it's in your files, and said that there is a procedure for resolving these issues, that there is a whole history of water law based upon priority first and right, first and time, based upon other ways of perfecting your water right and the second question was from the City to the Department of Water Resources does the - should the City be involved in this and the response was approval of appropriation and use of a source of water for irrigation purposes is normally the ( Meridian City Council May 5, 1998 Page 43 ( responsibility of the Department of Water Resources not of municipality. I'm not aware of a role for the municipality in a well interference matter so - and there was a draught year and we were all here and I'm sure that impacted everybody's use. This water right has been granted to Salmon Rapids, it has restrictions on it, it has quite .frankly restrictions on it that probably better protect Mr. Shipley than do the well monitoring, the restrictions being specifically that it requires the user to utilize surface water that may be available first and then only go the well water. The issues that Mr. Shipley raises I think go way, way back to the fundamental issue of whether or not there should be any restrictions by this City Council on this well and I think we've sort of passed that issue before us tonight is the monitoring and Nampa-Meridian has said that they would prefer that the monitoring requirement be as found by the hydrologist and the hydrologist talks about looking at it at the beginning of the season and at the end of the season, they talk about a different frequency and I think at this point we probably should defer to their expertise. Thank you. Corrie: Okay at this time I'll close the public hearing and have comments from Council, questions? Rountree: Mr. Mayor, I have a question for Gary Smith. Do you have anymore to add to this particular item, I think we all know quite a bit about it or at least I remember quite a bit about it. Smith: Mayor and Council, Councilman Rountree, I don't think I have anything to add, any facts to add that Brian McCall hasn't given you. As he said my interest is that we utilize the shallower ground water that this well is pumping for sprinkling purposes in lieu of the deeper ground water that we're pumping in well #17 to supply drinking, for drinking purposes and that's always been my concern that we - and I think Council and the Mayor's concern too for a number of years has been to utilize the upper aquifers and our surface water for irrigation purposes and I didn't - since Nampa-Meridian is involved in taking the system for the three subdivisions; operating and maintaining it and this well is an intrieal part of that system then that was my interest too was to see that that well went along with the rest of the system for Nampa-Meridian's operation and ownership. Corrie: Gary one question, how deep is our #17 well? Smith: Mayor, I think that ifs around 700-feet, something like that. Corrie: Thank you. Smith: You're welcome. And by the way just as a side light, on our well construction recommendations of Ed Squire, our hydrologist consultant, we have been kind of pioneering standards for well construction through IDWR as far as sealing the hole so that we don't get down hole contamination from upper ( Meridian City Council May 5, 1998 Page 44 aquifers that are more susceptible to surface contamination and I'm not saying that the lower aquifers are being contaminated because there are some deeper drill holes that weren't sealed very well but we're going to extra expense to see that we don't get that kind of contamination coming down hole and that we seal ourselves off from well interference or interfering with adjacent wells pumping from higher levels. So we1re trying to make that extra effort on our production wells. Corrie: Council, which way would you like to go on this? Rountree: Mr. Mayor I more that we have counsel prepare Findings of Fact and Conclusions of Law, actually the request to modify the Findings of Fact and Conclusions of Law as it relates to monitoring of the well for Salmon Rapids No. 4. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley on the Findings of Fact and Conclusions of Law to be drawn up for the modification and clarifying of the well monitoring. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #12: PUBLIC HEARING: AMENDMENTS TO ZONING AND SUBDIVISION AND DEVELOPMENT ORDINANCES: Corrie: This was a request, is there anyone here that would -let's do it this way, 1111 open the public hearing now for amendments to zoning and subdivision development ordinances. Is there anyone here who would like to issue testimony on that at this time? I would recommend to the Council that we continue this public hearing until Shari Stiles is back the next meeting - (end of tape) - and I know Mr. Rountree has questions as well and I'm sure you others do- Bentley: -- Mr. Mayor, I move we continue the public hearing on the amendments to zoning and subdivision development ordinances until the meeti n9 of the 19th. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to continue the public hearing until the May 19th meeting, any further discussion? Hearing none. All those in favor say aye. MOTION CARRIED: All aye. ( Meridian City Council May 5, 1998 Page 45 ITEM #13: REQUEST FOR TIME EXTENSION FOR SPARKLING SPRINGS SUBDIVISION PRELIMINARY PLAT BY PACIFIC LAND SURVEYORS: Corrie: Is a member of Pacific Land Surveyors here this evening? We have a letter I guess requesting this plat will expire April the 1St, Gary do you have any comments on this one? Smith: No, I don't Mayor. Shari didn't brief me at all - she didn't give me any information on this particular item. It sounded like it was kind of a - well' guess I shouldn't even comment on it because she just didn't go into it very deeply. Corrie: Councilman Anderson has a good point, it expired a month after the letter came out so I guess I'll let Council decide which way they want to run with this. Bird: Mr. Mayor do they have a grace period? Corrie: There is no grace period, I mean you can give them a time extension on this project, it looks like they're going to have within the next two or three months develop the plans and final plat but nobody's here to testify to that so I guess we have not had an extension yet so they can have one according to the ordinance. Rountree: Yeah, we typically would extend the request up to a year, one time. Corrie: That's correct. Rountree: As near as I can tell they're asking for two months but who knoWS. I guess to save having it on the agenda this time or getting it off the agenda we could either deny the request or grant them an extension of six months and no more or table it. Corrie: Gary who is the developer on this one do you know? Smith: Mayor, I noticed on this evaluation sheet from Ada County, the street names committee, that they have Carey Homes listed as the developer, that was in September of 1997 when that evaluation sheet came out. Corrie: It looks like you have a couple of choices, you can table it or you can an extension · Bentley: Mr. Mayor, I move that we extend the preliminary plat submission date for Sparkling Springs to six months after the - is it April 1 st it expires? Extend it six months? Corrie: October the 6th? ( Meridian City Council May 5, 1998 Page 46 Bentley: October 1 st. Corrie: October 1st, okay. Bentley: October 1, 1998. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird the request for time extension be extended to October the first, six months, October 1, 1998. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #14: WATERlSEWERlTRASH DELINQUENCIES: Corrie: This is to inform you by writing if you choose to to have the right to a predetermined hearing at 7:30 p~m. Tuesday, May 5, 1998 before the Mayor and the City Council to appear in person to be judged on the facts and defend the claim made against the City that your water, sewer, and trash bill is delinquent. You may retain counsel, this service will be discontinued on May 13, 1998 unless payment is received in full. Is there anyone present who would wish to contest their water, sewer, trash delinquency? Big smile, I guess not. You're hereby informed that they may appear to have their decision of the City Councilor City reviewed by the Fourth Judicial District Court pursuant to Idaho Code even though they appeal their water will be shut off, the amount of the turn-off list is $20,707.34. I'll entertain a motion for the acceptance of the delinquency and turn-off schedule for April 15, 1998. Rountree: Mr. Mayor I move that we accept the turn-off and delinquency report for this past month. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the delinquency and turn-off schedule for April 15, 1998. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #15: APPROVE BILLS: Anderson: Mr. Mayor, I make a motion we approve the bills. ( Meridian City Council May 5, 1998 . Page 47 Bird: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bird that we approve the bills. All those in favor say aye. MOTION CARRIED: All aye. ITEM #16: DEPARTMENT REPORTS: Smith: Mayor and Council, I've just got a couple of them. One is the - I talked to you by telephone on the agreement for the remodel at the Wastewater Plant and I'd just like to get that formally accepted by you folks tonight. That was, to refresh your memory that was to Ellsworth Kincaid Construction Company for remodel of a shower room facility at the Wastewater Plant the old control building and I think it was an answer to your question Ron on a facility for our female employee out there, there is a shower facility in the new administration building for her, for the female employees which she is - we have one female operator and then Celeste, she's a pre-treatment person and Audi is the receptionist so there's three females there but they have a shower facility in the new building, this would be a shower facility in the old control building for the men. Corrie: Okay we'll take that item number "A", do I hear a motion? Bird: Mr. Mayor, I make a motion that we accept this contract with Ellsworth Kincaid Construction and for the Mayor to sign and the Clerk to attest, $13,305.00. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve the Wastewater Treatment Plantts operations billing remodel agreement in the amount of $13,305.00. Any further discussion? All those in favor say aye. MOTION CARRIED: All aye. Smith: Thank you. The second item is a two party agreement between the City of Meridian and ACHD concerning the improvements that we're going to make for the parking lot and drainage system at the north end of northwest 8th Street where our Water Department is located and our little pocket park up there that we refer to as the atti Street Park. For years we have had water, storm water, from 8th Street, from Delmar, from Willowbrook, all running into the parking area for the park or the entrance for the what's now the Water Department and the water continues to run north and it floods the back lawns of some residences along there and I don't know why they haven't complained but they never have ( Meridian City Council May 5, 1998 Page 48 apparently, anyway with our position down there now with the Water Department and trying to improve the parking area tor the park the storm drainage needs to be taken care of and we've put together a project, had the engineering done for it and it's actually out for bid right now for construction, that would improve that parking area, it would improve the storm drainage facility or take care of the storm drainage off the public streets and the park area or the parking lot area for the park, it would also take care of some of our drainage areas behind the Water Department building itself and the Highway District has agreed to pay for a share of this cost that has to do with taking the water from the public right-at-way. Wayne has had an opportunity to review this agreement and he had some questions that I got from him this afternoon, what his concern entailed was the insertion of how much the Highway District is going to pay of the cost, the percentage, that was omitted from this two party agreement, weill put that in so that it's at least spelled out as to what the percentage of the cost will be at this point we don't know what that cost will be until after the bids are received. We have an estimate of cost but that's all. So I don't know whether you want to wait until this two. party agreement is completed to Wayne's satisfaction or how you want to proceed. I think the majority of the language in it is pretty typical at their two party agreements and we had signed a couple in the past, one with Meridian Road improvements, we've signed one for Franklin Road improvements which is to be done in the future and they've used that as their model and revised it to fit this project but definitely the percentage of the cost needs to be inserted into the body of this thing and it's by the way 480/0 Highway District I think it was and 52% City on the portion dealing with the public right-at-way drainage. Bird: Is that the agreed percent Gary? Smith: Yes, they have agreed to that, we have a letter from ACHD that they've agreed to that percentage so it just needs to be added into the agreement. Bird: Mr. Mayor, I make a motion that we enter into this two party agreement, the Mayor to sign and the Clerk to attest with an addition ot a 480/0 Ada County Highway District and 52% paid by the City ot Meridian. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to agree to the two party agreement for north west 8th Street parking lot and drainage system with the addition ot the percentage of 480lb for ACHD and 520/0 cost to the City. Any further discussion? Hearing none. AU those in favor of the motion say aye. MOTION CARRIED: All aye. ( Meridian City Council' May 5, 1998 Page 49 Smith: Thank you Mayor and Council. Last item I have is just an information item, we received some bids back on the Cherry Lane fence project and I'll pass out the results of that bid. Do you want this entered into the record or not? Corrie: Are we going to have John continue talking to the people and see what they want to do or are we going to cancel it or what? Crookston: Well the City has the right to increase the contract on the LID by 200/0, that's totally up to the City Council. Corrie: That still put us out of the bid too much? Crookston: I think the initial amount was $49,000.00. Corrie: And 200k would make it - Bird: It would be $9,800.00 or 10,000.00 so you've got one bid here that you could (inaudible) as I understood it we hadn't budgeted for that $49,000.00 even have we? Corrie: Nope. Bird: Well how are we going to come up with that? Smith: Mayor, in answer to your question I believe John Prior said he was going to contact the property owners and talk to them one by one and see what they wanted to do. I don't know if he's aware - is he aware Wayne of this 20% allowance? Crookston: Yes, he is. Smith: Okay. Corrie: So I believe that before we discussed this about paying for it we were going to have to bite the bullet and pay for it and then get the money back, we went backasswards here on that but I guess that's how you learn. Smith: Yeah right, and I just wanted you to know what the results of this bid opening were and subject to what kind of response John Prior gets in his conversations with the property owners. Rountree: It was my understanding that the homeowners had come to a consensus that and that's why this is bid this way, a A & B schedule, that if it exceeded the LID amount they would forego the landscaping treatment but did want to proceed with the fence if it was within that limitation so it looks like we ( Meridian City Council May 5, 1998 Page 50 ( have a fence, we don't have landscape rock and weed protection or weed fabric but it seems to me that we need to have John either reconnect with those folks and make sure that that's what to do and if that's the case let's proceed with the fence and get that done. That fence out there is falling down. Corrie: Yeah and it's going to look like the devil if everybody has their own fence designed. It's going to be a -- I agree with Charlie it's going to look terrible. Bird: The only problem is Charlie if we leave out some of this stuff isn't that going to kind of look bad? Rountree: If you put the staining and gates and I assume that's fence staining and appropriate gates you're still well within that $49,000.00 that you've got to - in the low bid you've got $23,000.00 that's landscaping only and fabric and rock so that doesn't have any impact on the fence. Bird: You take your landscape rocks out, that weed fabric I'd like to see left in there if at all possible and you take out the landscape rocks then that $57,000.00 you're down into your $49,000.00 - Bentley: -- But you don't have the rocks to hold the fabric down. Bird: Yeah, that's true. Bentley: Well the sun will ruin it. Rountree: It's got to be covered or it rots. Corrie: I think Charlie's got a good idea there at least make it known to them that they got a fence staining of the gates anyway - Rountree: Mr. Mayor I would make that official by making a motion that the neighborhood group be contacted, be advised of the bid results if advancing the fence is acceptable to them that we instruct the contractor to proceed with the construction of the fence including the staining and the appropriate gates and defer the landscaping portion of schedule B from the contract. , Bentley: Second. Corrie: Motion has been made by Mr. Rountree second by Mr. Bentley to go ahead with the cedar fencing, the steel post, the staining and gates and hold the fabric and rock possibly indefinitely on the motion and that would be to the low bidder, Roberts & Son Fence. Further discussion? All those in favor of the motion say aye. ( Meridian City Council May 5, 1998 Page 51 MOTION CARRIED: All aye. Smith: Mr. Mayor, clarification is the contact to be John Prior, is he to contact- Corrie: I think he's talked to the property owners. Bentley: Unless you want the irritation. Smith: No thanks, I think he's doing fine, I guess, at least they're not calling my office. Corrie: They're calling me but I'll let him do it that's for sure. Smith: We had a bid opening today for a vehicle storage building at the Water Department, we received no bids so we will select a contractor on that basis then to do the work. I just wanted to let you know that we had six plan holders and nobody submitted a bid. Bird: Was there a reason Gary? Smith: I - by the time I got myself gathered up I haventt called anybody to find out why we didn't get a bid but - it was a simple straightfolWard project and we're estimating somewhere around twenty-five, twenty-six thousand - Rountree: No profit. Smith: Possibly, but I keep hearing people are really hungry for contract construction work so I don't know. Rountree: Yeah it doesn't make sense to me something simple like that. Smith: Thank you Mayor and Council. Corrie: Kenny, anything? Bowers: Yes Mayor and Council, we are having our open house this Saturday from noon till 4:00, we're going to be cooking hot dogs also handing out fire prevention and equipment so - red hats, so if you're available or through town stop in and see us, appreciate it. Also our one ton chassis came in today Twin Falls so we'll go pick that up Thursday and get it back here and start putting equipment on it and get it ready for the wild land season and we should if Will is willing be in our new office over here Monday so - if Will is willing. Corrie: Are you talking about a desk? He's willing, believe me he's willing. ( Meridian City Council May 5, 1998 Page 52 Bowers: He's been under a lot of pressure lately so - Corrie: He's feeling like it's been salmon week, he's been swimming upstream. Bowers: Mayor and Council that's all, thank you. Corrie: Thank you Kenny. Do I see Tom Cruise over there? Kuntz: Just a couple of items. One is I was contacted by Eric Thierhouse on Friday of last week, he has been given an offer for one of the lots on the north side of Generations Plaza for a private individual to purchase it and turn it into private parking and he just was inquiring whether the City had any further interest in aquiring that ilL" shaped piece of property that borders on the north and the east side. Bird: What price? Kuntz: The two lots together are $50,000.00. Corrie: What's the appraised value of that? Kuntz: It was appraised in 1994 at about $43,000.00. Rountree: Generations Plaza. I guess my question is not related to whether or not we want to buy it or not is that property subdivided to where they can sell a lot? Corrie: Well it seems as though our (inaudible) is not here, I don't know whether they can or not. Is that two lots? Rountree: I don't know. Corrie: I don't either, (inaudible) Smith: The lots are in the old parts of town - the lots are historically 25 to 30-feet wide and 120-feet deep with an alley in between and so I don't know the dimensions - the piece that we own is 60-foot square so I think there's another 30-foot lot to the - isnt' there a 30-foot lot east of our piece? Rountree: Yes. Smith: Okay so that's a lot that would extend a 120-feet to the north to the alley, what we bought was half of two lots, the south half of two lots, the north half of those two lots would still exist to the alley which would be another 60-feet so the two end lots of that block of which we own the south half have already been cut, ( Meridian City Council May 5, 1998 Page 53 split and I would suspect there's one full lot between our property and the building that is being remodeled at this point, 3D-foot wide lot by 120-foot. Corrie: Is anybody wanting to buy that little east lot there then at this point? Kuntz: No sir. Corrie: And they think it's going to be a parking lot there, we don't know but they think it is. Kuntz: He's indicated to me that the individual wants to put a private parking lot in that 60-foot strip. Corrie: Gary do we have from the EPA that that could be covered over without any problems or do we not? Smith: We can't get a written response to that question, the only way they'll respond is if a problem exists or if a person purchasing the property borrows the money through a lending institution that requires an investigation. Those are the only two ways that EPA or DEQ will respond to that question. Kuntz: Will's asking about the construction and power easement for the Generations Plaza and I talked to Wayne tonight and both those were mailed out today to Betty Thierhouse's attorney. Crookston: That's correct. Kuntz: So we don't have any of those secured at this point. Berg: I got a chance to talk to Mr. Thierhouse Friday afternopn when Tom wasn't here and he mentioned that about the construction easement that the only way that we'd have - they would sign a construction easement if we put their property back in the order in which it was before they started tearing up the ground which included re-paving and - Rountree: I think all that needs to be done on that site is it needs to be hosed off, the pavement underneath the dirt over there appears to be in pretty good condition at least when we were driving fence posts through it. I think if it was hosed off he'd be surprised at what he had. Berg: He could be but thafs what he said was going to be for sure in the agreement that it was going to be put back, the pavement was going to be put back like it was originally when we demolished the building and I don't know what extent that is. ( Meridian City Council May 5, 1998 Page 54 Bird: Holy cow, I don't know any company that can lay stuff like that, that stuff was beat up anyway. Corrie: We don't have an appraisal do we of that property over there yet? Kuntz: We have no appraisal other than I talked to a realtor with Merdidian Real Estate downtown here, Rich Ellison, and he says we have about 7,100 square feet there and he said fifty to seventy thousand dollars would not be inappropriate in his opinion. Bentley: I tell you, I really don't want to see that park turned into a mess and I think that's where it's headed. I think we'd ought to take a look at purchasing the rest of the land and finish the thing off the way we discussed earlier and you know (inaudible) cars and junk and trash and everything else I think it's just going to detract from it. Corrie: He said he wants $50,000.00 for the whole thing? Kuntz: Correct. Corrie: Thafs the "L" shape, the whole deal? Kuntz: Right. Bird: Mr. Mayor, I'll tell you something, I think instead of worrying about purchasing anymore ground let's get the 60x60 going, we don't have - we've got the financing - let's get our Generations Plaza in, if we get that later we can landscape it but let's take and get the stupid thing in for once. Corrie: Well we've got a little problem with an easement right now. Kuntz: Well Brad's working on the bid package right now so it's moving - the project's moving ahead - Bird: I was going to say we've got a bid package out or something, we've shoved some things around, in fact if that pathway comes through we're going to really be scrambling in the budget, Jefs get to what we've got drawn, it's a beautiful little plaza over there that's going to be very nice and let's get it out and get that thing build and if we get the other land if II be great but we couldn't afford to develop it now if we did buy it. Bentley: Well if I may, I agree with what you're saying Keith but the thing too I'm looking at is the finished product, I'm not saying we've got to stop with what we're doing, I'm not saying we've got to complete the thing, I just want to block off the ( Meridian City Council May 5, 1998 Page 55 rest of it so we don't have to worry about what's going to happen there because we're going to dictate what's going to happen there. Bird: You've got a point Glenn, I agree with you but- Bentley: I think we could take a look at the general fund and take an adjustment out of there and pick it up if we need to or at least tie up the property until the next budget year. Bird: Pretty soon we're going to get so much adjustments out of that general fund that we're not going to have a general fund. Corrie: This is not probably the time to tell you but we were almost 99.90/0 assured of the franchise fee with public service so that will take some pressure off of there so I was going to tell you that later but you might as well know it now but I don't know, I have mixed emotions with that too, I don't want to see that messed up over there but yet it could end up as a private parking lot of tractors and everything else but I guess it has to be what you are comfortable with. Bird: He's got an option on - what's he got on it? Does he have any earnest money down on it? Kuntz: No he doesn't, I think what's happening is the gentleman who is taking the building back is going to move his business into the upper floor and needs parking for himself, clients and I think that's what's happening is that individual's Bird: It's the Holloway's who've made the option on the one on the north of there? Kuntz: That's who's making it - that's who 11m thinking. Bird: Does it run all the way back to the building? Kuntz: No. Bird: The east property is the one that goes through? Kuntz: Right, the .east property is 3D-feet wide by 120-feet long, the north property is 60-feet wide by 60-feet deep. Bird: When Halloway's came in here and presented their plan for the old Mangum building they wanted the property to *e- ~est which is to the east of ours so they~ould make an entry out of that so th~y.could have their little mall in there, had that fallen by wayside now? ( Meridian City Council May 5, 1998 Page 56 Kuntz: They're no longer pursuing that. Bird: They're going to come out the front still, but they're looking at getting that 60-foot or whatever it is for private parking? Kutnz: Correct. Corrie: Could we possibly if it's going to be parking make it so it would look halfway decent to the requirement to pave it and all that at the time so they don't run into the park? Bird: They're going to have to landscape it. Rountree: They're going to have to landscape it. My opinion if that's what they want to do, I can see that we could require them to put in a masonry wall, landscaping, bollards on the sidewalk side so people don't drive off out of the front of that across the sidewalk and that could be incorporated into that aspect of the park. This issue at hand is yeah we'd all like to have that thing look as nice and be as big and as nice as we can get but I'm not sure that we make a change at this point we're a month or two away from trying to get anything pulled together in terms of a contract, if we've got more that we have to develop it won't get developed, there isn't sufficient monies set aside for that, it's somewhat questionable whether we can even fund the 60x60 in terms of the construction project with the available funds. I guess I'm inclined to agree with Keith as far as the budget goes, we don't know, I think it's irresponsible to take on yet another debt unknowing if I knew we had three million dollars for sure in the general fund that's a one time expense that I think would be very beneficial to the City but I don't know that and I'm not real comfortable making that decision at this point even though it is - you know it's just another fifty thousand dollars, well that's - then you add another hundred thousand to that to develop it and all of a sudden it gets to be a big ticket deal. Bird: Cement will be up to $70.00 a yard by the time we get - Rountree: See your $5,000.00 clock is about $15,pOO.00 so -- I'd like to stand up here and say yeah we need that for the City and it is a park related thing and that is the area that I've taken on as a responsibility but I think on my part it's irresponsible to say let's go ahead with it without knowing we've got the money, if I knew we had the money I'd champion the thing. Corrie: Why don't you bring it back in two weeks and we'll know - (inaudible) (Inaudible) Corrie: I guess the one comment - I haven't heard from Ron yet (inaudible). ( Meridian City Council May 5, 1998 Page 57 Anderson: I hate to find myself agreeing with Keith and Charlie but I think we have too many unknowns, we still don't have our 1996 audits back let alone our 1997, we keep committing money that we don't even know that we have, there's a lot of other priorities the City needs right now besides adding on a little more land and a little more expense to the Generations Plaza, I'm like Keith I'm saying let's do this project and let's get it done and let's get it over with. Corrie: Okay, that sounds like I'm not going to have to break a tie so just hang on - Kuntz: I guess the one thing I would like to do is check with Shari tomorrow to make sure that if a parking lot goes in there that we're within our powers to ask for landscaping or subdivision or a barrier wall or whatever, I think that would make a big difference in how that would appear versus a parking lot right next to the park. Corrie: It will make a big difference whether they buy it or not too so if they don't buy it welve still got a mud hole there so lefs wait and see what we've got coming and -- (inaudible) Kuntz: -- But I'll proceed to talk with Shari and then if that's possible I'm ju,st going to call Eric Thierhouse back and tell him we're not interested. Corrie: (inaudible) Kuntz: Two other things, we are moving into the Bower Street site this week, pretty much moved in just waiting for the phone system to be finished hooked up, we are using the Storey Park number as our main number over there so that way there won't be a lot of interruption with the public. Our summer program guide was printed today over at the Valley News and we're going to pick those up tomorrow and start distributing them, I'll make sure all the council members get one, it's eight pages in length - Bentley: The newspaper printed it? Kuntz: Yeah, it's 11x11 folded deal, kind of like the T.V. - not he T.V. Guide but something similar to that and we did all the typesetting in-house on our own computer and then we will be having an open house one afternoon at our office, we'll have prime rib and champagne for all those that would like to attend and the chair of our Parks and Recreation Commission is here tonight, Tammy DeWeerd. Corrie: Welcome. Okay, Chief? Gordon: Nothing Mr. Mayor. ( Meridian City Council May 5, 1998 Page 58 Corrie: Okay, Tammy do you have anything you want to say, I mean a report of any kind that - DeWeerd: Weill would like to get on the agenda for the next meeting so we can present the March for Parks information but I would like to thank those of you who spent the day with us at March for Parks and we appreciated all your help and it was a really good show to the community that you're there to serve them but we did appreciate you being there so thank. Bird: Thank you guys for all your help. Corrie: (Inaudible) May 19th, that's right. Is anybody else sitting over there? Bird: Kenny's over there. Corrie: Kenny's already - (Inaudible) Bird: Chief, aren't you going to tell us about your bust? Which we appreciate - I appreciate the phone calls. Gordon: I can answer any questions. Rountree: Did you find the other guy? Bird: Did you get the other guy? Gordon: The other guy turned out to be his wife and yeah we did get her, so far we - the only thing we don't know is how long they've been in operation and in talking to Kenny evidently they were over there a year or so ago with a roof fire and they were really nervous at that time so we've been getting hints about a lab up in that end of town for about the last six months. We think that's the one we were getting the information on, we hope that was the one but you know they set that thing up in a little camper sitting out in a field so it gives you some idea how tough it is to find these things. In the old days where they'd set up and have all of the hardware and the smell, there's no smell to this new method and they just punch it out within about 48 hours they can make eighty to a hundred thousand dollars depending on the size so - Bird: Is that a liquid - is meth - I mean my daughter-in-law is the one that comes out to the busts and stuff from the crime lab but I don't know does that come out of liquid or just solid? Gordon: Well it can be either. They had some meth oil that they seized out there. It can come out of powder form, a paste form, liquid form or in a hard rock form. The latest method that they're using it comes out kind of brown pasty like ( Meridian City Council May 5, 1998 Page 59 stuff and they don1t even bother purifying it anymore, cleaning it up, they're just selling it as fast as they can punch it out. The only thing they got was a little bit of meth oil and either he sold the last batch that he just manufactured or- Rountree: Do we have a tax on it yet? Gordon: No. Rountree: Do you need a camper? Gardo'n: Well thafs not even his. Therels sales tax on it. Bird: Is it digested Chief? Gordon: No, it's a chemical compound and it's a reaction to chemicals and Ron could probably answer your questions or Kenny a little bit better than I could there but the chemicals they use are extremely toxic and that's where some of them get in trouble is it becomes very volatile at a certain stage and if it gets away from them then that's how we find them, we like to find them that way. You guys give us a call and boy the thing is usually at the ground and you got two or three of them running down the road as fast as they can go but unfortunately like this one here they put them in residential areas and a lot of small kids around and other houses and when they do go boy it gets nasty. We have information of a couple more in town that we're working on but it used to be you had to have some intelligence, some chemical background and some type of an education but now they get it on the internet, how to make this cheap stuff and their biggest problem is finding the precursors to put the chemicals together, any dummy can do it in a garage anymore, make it in a bathtub, make it in a kitchen sink, -- yeah it used to be there was just a few chemists that were around and they'd do the cooking and boy they made lots of money by these guys, now any dummy that's got a computer gets on the internet and gets the recipe and all the instructions for fourteen dollars a month for America On-Line fee and that's why we're getting so many of them. Anderson: They've got a cook time now that's less than eight hours, they can take bunsen burners and a lot of them will go right into a motel now, cook it in a motel room and they're gone the next day. They've already - you can buy everything at local hardware stores and grocery stores and it's a pretty simple process. Gordon: They'll rent a truck and go up here to one of the rest areas and do it right there. They've got the water from the rest area and they just take their electricity and the bunsen burners, rent the truck for a day, turn it in the next day and they've made like I say ten to twenty thousand dollars profit so what we're ( Meridian City Council May 5, 1998 Page 60 doing now and what the state's doing is trying to clamp down on the chemicals used for precursors and that's the only way we have of tracing these guys. Rountree: Can the dogs pick it up? Gordon: Manufactured state yes but the precursors no, they're not trained in that. Rountree: Well there's too many things that the precursors are in. Bentley: Regular stuff you.d have in your household. Rountree: Your car, your battery or- Gordon: So no not yet but I'll try to keep you guys informed on that kind of stuff because you're going to get questions I realize that so- Bird: Appreciate it. Rountree: Appreciate the info. Bird: Thank you Chief. Corrie: Mr. Bird, or wait a minute - I'm looking at Wayne Crookston, number three here. Crookston: Yes, thank you. Mr. Mayor and Council, Gary Fores, he runs Northwest Turf and Garden, he's the contractor that was awarded the Sewer Plant landscape development thing, he had contacted me some time ago and said that his north boundary line and he just lives off of Linder Road, south of I can't remember the name of the subdivision but - I beg your pardon? The Landing, thank you Gary, and he was telling me that there were fences on his property line that should not be there, he says that he doesn't know whether or not they had construction permits for the fencing or not, he thinks that it is a City problem, he thinks that something should be done about it. While I was over there he showed to me the Kennedy Lateral which was supposed to have been tiled but there's about fifteen to twenty-five feet that has not been tiled that extends that fifteen to twenty-five feet is on his property and he say s that he wants it to be tiled or he wants it totally torn out. He did not want that Kennedy Lateral to be tiled in the first place and I'm just bringing it up to raise the question to the City Council as to what they want to do. Rountree: I guess I find it hard to believe that either a misplaced fence or a fence that an individual feels is misplaced is a City issue, seems to me that that's and issue between two adjacent property owners. ( \ Meridian City Council May 5, 1998 Page 61 Corrie: I've told him that about ten times and every time he comes in I'll get drunk but - and that's for the record. Bird: That's off the record isn't it? Rountree: Shut that tape offl Corrie: I keep thinking of Keith Bird's comment back in while I shouldn't do that but thafs what I told him so- Crookston: As I understand it the reason he thinks it's a City problem is because they did not get their fence construction permits and they've constructed the fences but that's totally -- Rountree: I'd be willing to bet he didn't get a permit to do any of the - (end of tape) - well if it's tiled to his property - Crookston: No, it's not that's the problem. Rountree: It's tiled through his property? Crookston: It's tiled short of his property. Rountree: And he didn't want it tiled? Bird: It's tiled through part of it though isn't it Wayne, all but fifteen feet -- of it is through his property if I understood you right, now he wants to either finish the tiling or- Crookston: It's through - fifteen to twenty-five feet - Yes - and Nampa-Meridian tiled it. Corrie: If it's not in the City how can it be our problem? Crookston: Because we required The Landing to tile it. Corrie: But not his property. We couldn't get onto his property. Crookston: But they 'had to tile the Kennedy Lateral, no matter who's property it was on they had to tile it. Bird: Just through their subdivision didn't they? Just through The Landing and he's not in the The Landing is he? ( Meridian City Council May 5, 1998 Page 62 Crookston: He owns property that abuts the Kennedy Lateral that the south side of that is part of The Landing's property. Corrie: So we're up against it there and they didn't finish it out. Crookston: Thafs the way it appears to me just from viewing it, he said that they missed some property pins and they didn't get it done. Corrie: So do we have a recourse to go back to Landing and make them finish it up. Crookston: I think that we do. Bird: Yeah, let's do it. Where's the agreement? Crookston: Well the agreement is probably is between Nampa-Meridian Irrigation District and - Bird: -- Not if we made it go through, if we in a condition to develop that sub, if we made them tile the Kennedy Lateral then it should be back in the City records and we should be able to go through it. Crookston: But the agreement - the City wasn't involved in the agreement, that was a requirement for The Landing Subdivision. Bentley: But that's a requirement that they didn't finish it. Bird: That's a requirement that we made in their final plot so I donlt care whether Nampa-Meridian did it or who did it we're still responsible to see that it gets done aren't we? Corrie: It should be our responsibility to see that it's done. Bird: And how do we do it Mayor? Corrie: I guess we send a letter to The Landing telling them to finish up the tiling or else we'll - Rountree: We might be premature, they may be done, it may be just his interpretation of what he thinks is his and what isn't but I think we need to investigate that a little more. We need to research it and if in fact it does appear that they're a few feet short we should direct them to finish the job. Corrie: Well we need somebody to - would that be Shari that would know on that one? ( Meridian City Council May 5, 1998 Page 63 Bentley: That would be Shari. Rountree: How about your construction inspection? Smith: (Inaudible) locate some property lines. Corrie: Location of the property lines, would that be in your department? Smith: Well we don't have the equipment to do it, we'd have to get a (inaudible) out there to locate it or somebody but that's the only way you can tie this down is to where the pipe should be, where the property lines are and where the ditch is. Rountree: I think that's a discussion that needs to take place between Shari and the developer and let them know that there is an issue and have them prove that it either is or isn't an issue and if it's their responsibility they fix it and if it isn't we tell the gentleman that it's not part of their development and not within the City. Corrie: Okay I'll visit with Shari tomorrow and tell her to get on the developer and the discussion with him and where we are and go from there. Crookston: That's alii have. Corrie: Mr. Bird? Bird: I have nothing. Corrie: Mr. Bentley? Bentley: Yes, we need and I said this last meeting and Shari's not here to hear it again, especially with this rural fire situation and stuff we need to get these enclaves annexed into the city or we're going to have a hell of a time if this thing splits apart doing coverage. Rountree: Have we even identified them all? Corrie: I think (inaudible) five acres I think we have but- Smith: Mayor, Council, I was just wondering, I know Shari's having a difficult time hiring someone to help her or finding someone and I donlt know what consultant planners if they exist like consulting engineers do but I wonder if some of these things could be contracted to a consultant in that planning field and they could take it and get it done so that she wouldn't have to be worrying about that or you wouldn.t have to be worrying about getting it done and I don't know how this all falls out in her budget but maybe Mayor if youlre going to be talking to her on this other issue it might be worth mentioning I don't know, I don't know what (' Meridian City Council May 5, 1998 Page 64 the - I know I wouldn't get much done in Public Works if it wasn't for consultants because it just takes too big of a staff to do that kind of work and to have that kind of expertise. Corrie: She went over some applications with me last week and boy it's a mess. Planners they got that's coming just right out of school they want $45,000.00 and no experience whatsoever, the ones that have experience want $60,000.00 so she's up against the wall here. I think we've got a couple of ex-police officers that are going to be code enforcement people on some part-time basis so we can save some money there but I really would like to talk to her about that because that's a good idea, I don't know whether there are planners consultants or not, (inaudible) is a planner but he's not in that field, there may be some others so we can - if council wishes me to talk to them I sure will. Smith: Some of the civil engineering groups have planners on staff and - Corrie: Well yeah there's Jerome Mapp - Yeah they could do some private work I don't know how the - Anderson: I think we've got to get going on this, I mean we're losing revenue off the properties to begin with but yet we're providing the damn service and you know we're getting nothing in return. Corrie: Well she's got money in her budget, there's no question about that, maybe we can talk to her and see - she may know some people on a temporary basis. Rountree: Mr. Mayor, on that point, yeah there are - JUB, for instance, I know has several planners on staff, one of them is fairly familiar with the City of Meridian, (inaudible) I'm not so sure that - I don't think Jim has one on staff yet but he's probably not far from it, there are a bunch of those types out there that could provide assistance so I don't think that's a problem and as far as the salary demands and commands I don't know where they're coming from because they're not getting that in the industry, I mean one or two in a graduating class of honor students might get those kind of wages but in a planning field at least it's not in my experience that they're getting those kind of wages so - and the competition isn't that tough out there so maybe we need to look at what we're asking for and see if we can't maybe get a different source of potential candidates. Corrie: I know Boise's looking for another one but they're having the same problems, weill look them up and see what else has come in but these are the applicants we got so - we'll look at JUS and (inaudible) for consultant work and get this other done. You're right, that (inaudible) in the city limits is going to have to be taken care of real fast because if - that's another story so - ( Meridian City Council . May 5, 1998 Page 65 Rountree: I have two items Mr. Mayor. Corrie: Are you through Mr. Bentley? Bentley: Yeah, I'm through. Rountree: He's damn near ready to fall asleep for the record. Bentley: Itava you all but ifs past my bedtime. Rountree: It's my understanding and has been for some time but apparently it's official or going to be official soon that we're going to have to replace a P & Z individual, I guess I wanted to find out what the status of your list is for those kinds of folks and if not then maybe encourage another invite in the newspaper for potential candidates and I guess if any of us know people that might be interested it would be a good idea to have them come talk to the Mayor. Corrie: Yep, I'll be glad to talk to anybody that you've got in mind. I've been talking to Malcolm MacCoy and Jim, we've been having a lot of conversations here pretty fast, I know Jim wants to get out about June so - Rountree: My thoughts on those changes is if we do get somebody on and there is a change in terms of the chairmanship that maybe we ought to be looking at our planning meeting in May and if not May, June as a joint meeting with P & Z and (inaudible) because there are some issues that they've got that they'd like to get going on a new camp plan amendment which I think we're in need of and some other things that they can help us with so I think we need to get something going there. The other item I have is the Turtle Creek Subdivision, I had Steve Bradbury contacted me Thursday or Friday on the resale of the Turtle Creek Sub., for those who that don't know where that is ifs right across the street from the new Tully Park on Linder. The history of that subdivision goes back to 1994 and ifs been up and down and the City has granted it two extensions to meet its - to extend it's time limitations for filing plats and apparently the previous owner got in a situation financially to where he had to let it go. The property has sold to a Dr. Tidwell, he has formed a new group consisting of Leon & Bruce Blaser, they have a subdivision that is essentially complete, it's been through the final platting, it's had various final plat certifications, it's to the point where - the owners have signed it, Central Health has signed it, it needs to go to ACHD, I guess we need to finally sign off on it at some point and time but the deal is is their last extension is expired, they're asking - apparently they asked Gary and talked to Shari about what they can do, what would the Council's pleasure be as far as this subdivision goes - the other twist is that this is the sub that was going to participate in the bulk of the cost of the pump facility for Tully Park. They generally agree to all of that, I even threw out that well being's that we're (' Meridian City Council May 5, 1998 Page 66 ( improving our side of the road we might want them to improve their side of the road just to have it done around the park, they didn't seem to hesitate what they do want to know is what's the correct order here, do we send them back to P & Z and they start over with preliminary plat, can we pick it up from where it is and have a public hearing - Gary's going say please do - if that's staff's desire because of the principle's now involved and the status of that plat because it is so old I'm not opposed to thaf they just need to know. Bentley: Mr. Mayor, I don't have a problem with it continuing where it left off if staff doesn't have a problem with it, it would be nice to get it done and like Charlie says get that side done and get our pump house taken care of so we don't have to put out any more money. Smith: Mayor and Council, I think we had figured their share at around $50,000.00 on that pump station and that would heal up the budget on the park by a bunch and second thing is that that subdivision is partially constructed and they've excavated streets and they've dug some pipe lines, irrigation and I'm not so sure about water and sewer but anyway - Rountree: I don't think they've done anything below the sub ex for the roadways. Smith: They piped part of the Settlers ditch I know that and they've got - some of the contractors have got some pretty good sized leans against the property. Rountree: Apparently that's part of this is that they will be paid. Smith: Right, so there are people that are out money other than developers or the previous developer, contractors that is that have put money in there to make the improvements that have not been paid, that's one item the other would be the Tully Park pump station which they would jump in the middle of so - and I think if my memory serves me right at this time of the day and so forth, I'm not positive of this but I don't think that Shari had a real, any heartburn with letting this thing go forward even though the time schedules have not been met but I can't speak absolutely for her. Rountree: Would you want as a minimum them to present the plat as it is for re- review by the City on their dime before we authorize them to advance it to ACHD and then it come back through the other apects of the approval process? Smith: From my standpoint as City Engineer, I don't. Rountree: You don't see any changes that are necessary? Smith: No sir. Corrie: They're pretty much the same then as far as - ( Meridian City Councif May 5, 1998 Page 67 Smith: Yes sir, the plat was approved and the development plant were approved and they as Councilman Rountree said they had two entension I think, one was one more than they're supposed to get but it was granted and because of some of he comments that the developer made at the time, promises and so forth, but Rountree: Actually there was another six months extension in there which would have required the plat to have been recorded by March 20th. Corrie: I don't see any problems there with planning and zoning I just want to get (inaudible) but that doesn't seem to be a problem so - Rountree: S6 I suppose if we desired we could grant another six months extension. Corrie: You can do it. Rountree: It's not typical but we can grant extensions on these and have normally just for a year. Smith: Well the ordinance I think is specific as to how long the approval's are good for and if you exceed that I don't know for sure but I assume there's a mechanism that throws the thing back or something else happens or needs to happen according to the ordinance, that's Wayne's - I just see it sitting there, I see people that have money in the ground that they can't get the money out, I see that we've got $50,000.00 in there in the' park's budget that apparently can be - we can grab hold of - Corrie: Can't we (inaudible) grant them another six months after we did the two? I'm asking - Crookston: That's totally up to the City Council. Corrie: It can be done by the City Council, the ordinance - Crookston: Our ordinance does not indicate that that can be done. Anderson: But it doesn't say it can't be done. Crookston: That's true and the City has done it before. Corrie: Well I would say if you want to do that, we could extend it six months and Rountree: Any other discussion? Meridian City Council May 5, 1998 Page 68 Corrie: Do you have any further discussion on it? Bird: (Inaudible) Rountree: Leon and Bruce Blaser and Dr. Tidwell. Smith: Mayor and Council, I guess there's another aspect to this whether or not the Blaser's are involved and I can't say that -- Bruce and Leon did Haven Cove Subdivision, I can't sit here and say that we had any big problems with them really, I mean the subdivision was approved by planning and zoning -the layout was approved by planning and zoning and City Council and it was and R-4 subdivision and it's not very imaginative but it serves the purpose and houses are built and it's a pretty decent subdivision so we didn't have to my knowledge, we didn't have any big problems with Bruce and Leon as developers, I think they've got some money behind them, I don't know who Dr. Tidwell is but the subdivision was layed out, this subdivision was layed out by JUB and again it went through the process, it's got streets that aren't straight as a string and they've got some curvature to them, it's a fairly attractive subdivision, it has some green space in it, it has a parkway on it's entrance, there was a lot of testimony by the adjoining subdivisions at the time it was approved concerning traffic and those things were kind of ironed out I believe - they weren't- Bird: No, I'm not saying that I just want to make sure that they've got the money behind them and these other people - we're not going to have a subdivision out there with a whole bunch of liens, or we're going to get halfway through it again and run out of money, I don't know how you solve that to be truthful but I have no problem with going an extension with them if the rest of the Council would want to do that. Corrie: Any further discussion? Rountree: Gary did you get a sense from them that they could do this in short order? Smith: The only person that I've talked to on this project is Steve Bradbury and at the time I talked to him I didn't know who the developers were and all he said was that they were ready to - they wanted to go on it, he was representing a client that was wanting to do the project. Rountree: I don't have a great amount of grief with the extension if they can get it done. Bird: I don't either Charlie, I agree with you let's give it a shot. ( Meridian City Council\' May 5, 1998 Page 69 ( Rountree: I think if we have those developers take that piece of ground and ra- plat it we won't have the (inaudible) in the one that's platted and they could very well do that. Smith: I think that was the point I was making (Inaudible) Rountree: I donlt mind saying it on the record Gary. Corrie: I guess we have one more question over here. Berg: I have a question for Gary. Are we going to want that $50,000.00 cash then when it comes signing for that pumphouse to us? Smith: I think it's - 11m getting the plans - we had to make some modifications to the diversion structure in Five Mile drain for the Nampa-Meridian folks and they're making those changes now, JUS is, so that we can get it out the door for bid so I would say we would be in need of the funds in fairly short order. Berg: Is it a portion of the total cost? Smith: Yes. Berg: Okay so ifs not -- $50,000.00 is just a ball park figure and then all the other bonding requirements as required by signing the plat before recording. Smith: Yeah, as I remember it Will it was around - the split was around 70/30 or something like that, 700/0 developer and 300/0 city on that pump station. Berg: Thanks. Corrie: Okay, I think welre all in agreement so if somebody wants to, since ifs a park thing, let's - Rountree: Mr. Mayor, I move that we grant an extension for the approval of Turtle Creek Subdivision final plat with the condition that the developer provide to the city the appropriate percentage for the pump station to provide pressure irrigation system for the subdivision as well as Tully Park and that they include as part of their development the improvement of Linder to a full width in front of their subdivision. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird for the whole enchilada there so - any discussion? All in favor of the motion say aye. ( Meridian City Council May 5, 1998 Page 70 MOTION CARRIED: All aye. Rountree: It's 11 :30, we need to have an executive session whether it's tonight or we get together early tomorrow but we've got some things we've got to talk about. I wouldn't request one at this hour but Glenn's going to kick me - Bentley: How long are you going to be? Rountree: Well how long are you going to be? It could be an hour or it could be ten minutes but - Bentley: Well let's go see. Bird: Let's see. Routnree: I'll make that motion after- Corrie: Anything to bring up? Okay, I just eluded to it earlier this evening, I got a call from Layne Dobson that the Board of Directors has approved the franchise for a new franchise for the City of Meridian and it has to be signed by the vice president of the company and I think it will be done by the end of this week so I'll know next week whether we got it, I'm about 99% sure so - Rountree: Is that a 1 %? Corrie: It's a 1 %, you can go up to 4 but it has to be voted on, you can go up to 20k without a vote but they're going to bring it back and work with the re-vamping of the camp plan and what have you so that's fine I have no problems with that so - but I think it's 10k, it's somewhere in the $500,000.00 range to % of a million. That's all I had so I'll entertain a motion for executive session. Rountree: Mr. Mayor I move that we go into executive session. Bird: Second. Corrie: Motion made and seconded that we go into executive session. All those in favor say aye. MOTION CARRIED: All aye. (EXECUTIVE SESSION) Corrie: We're back from executive session, the time is 12:40 a.m. and we had a discussion on personnel, no decisions were made at this point. I'll entertain a motion for adjournment. I Meridian City Council May 5, 1998 Page 71 Bentley: So moved. Bird: Second. ( Corrie: Motion made and second that we adjourn. All those in favor say aye. MOTION CARRIED: All aye~ MEETING ADJOURNED AT 12:41 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: APPROVED: \ \ \ \ U tit n , It t ! \,\ ,....s:: Ur~ IIIJ \,-' \.... VI w~~~... 1;1;/ ~, J!t.", I'lV~ ;r.J, ~',;. ~'>'~~ ;';;A ~ .$'v. nlt.Yv~ ~ ~... ~ ~ ~ ~ g \ = SEAL ~ ~ ~~ ~ ~ - ~~ ~ ~-d.~ '\ -D~ ~ '<> r 19"'\ t ~-.$ ~/.; ~ a t~tt- ,$ '.....,/ ot M.t'~'l . ~ ",,,, i1/1 IN , \\\\ JI/filHi un1\\\ (<-- ITEM NUMBER: 14 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING OEPT: 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. 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Il") 0 10 0 CD rt: co C\I It) ('I) .,... ....... l'""- N <0 ,....... co co G) co -.:t N l() ('I) ..q- N ('t) Lt) 0) 0 0) t- in :3 .,... .,... co :J en :I: ..J ...I UJ ~ 0 ...I C <C UJ .q- U') v co CX) co co l.() v co co ::) u: co c-') It) co ~ lI) (t) -q- co 0) CJ) I- =tI: rc co co N 0) r-.. 0) I.() co tX) 0) ,....... ~ m ..J 0> ,..... ~ v co ~ Il') 0 ~ I.C) ~ ~ 0 U rn ~ M ai cO ~ v u; ci ........ ~ 0 I.t) ci z co 0:: .,... V <0 <0 ,..... ('t) Lt) 00 N <0 ~ a> en CD 0 (X) ('I') co m 0 0) It) v co ('t) ~ :) ...... ~ <0 ~ It) v co en ~ CD CJ) <0 (t) <0 .,... 0 10 C\I C'\I N ('\J T- ~ N -c- .,..... ~ "(- ~ ~ 0 G) ..J 0 ..J 0 c( C t- (..) I- (fJ LO 'oc- I"- ~ <0 CO ~ ~ (t) l"- f"- ~ Z u: ~ (Y) CD <0 Q') ~ lO <.0 ~ ~ ~ N 'oc- N C'\I N N C\I ~ N N ~ ~ L.. L- L- X Q) Q) ~ Q) l- I- .a wO ~ .a Z Q) E E +'" E .0 :J ..c C/) Q) 0 0 Q) Q) :J L- e - ~ Q) >. ~ 0- :E 0 > 0 c: .0 -L: c: 0 Q) CO Q) m ~ :J ::s ~ Q) 0 z C J LL. :2 ~ J .., (J) ( ITEM NUMBER: 15 COMMENTS oiY W' All Materials presented at public meetings shall become property of the City of Meridian. ( ITEM NUMBER: 16 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING OEPT: 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. COMMENTS ( SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary April 27, 1998 Gary Smith City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Subject: Two Party Agreement For NW 8th St. Parking Lot & Drainage System Dear Gary: Enclosed are two copies of the agreement between Meridian and ACHD. Please have the Mayor and City Clerk sign both of them and return them to me. After the Commission and the Director sign them, I will return one original to you. If you have any questions or comments, please call me at 387-6100. ADA~9UNTY H GHW A Y DISTRICT ~tI)R~~ Dorrell Hansen, P. E. Drainage/Utilities Supervisor c. Central files Project file ada county highway district 318 East 37th . Boise I Idaho 83714-6499 . Phone (208) 387-6100 ( TWO PARTY AGREEMENT PARKING LOT, PIPELINE, & DETENTION BASIN CONSTRUCTION NORTHWEST 8TH AVENUE, MERIDIAN THIS AGREEMENT made and entered into this _ day of , 1998, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS MERIDIAN desires to expand and repair a parking lot which serves a MERIDIAN City park and the Water Department office. WHEREAS the parking lot site is unsuitable for a subsurface storm drainage system. WHEREAS the parking lot site collects drainage water from DISTRICT right-of-way. WHEREAS, the DISTRICT and MERIDIAN desire to undertake ajoint effort to share the costs of constructing a system including piping and a detention basin to handle the drainage from the DISTRICT'S right-of-way and MERIDIAN'S parking lot. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1 ( 1. MERIDIAN SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction Contract for the storm drain installation work referenced herein: b. Provide DISTRICT with a complete set of combined bid documents for the installation work; c. Furnish DISTRICT with an abstract of all bids received, and obtain DISTRICT'S concurrence with MERIDIAN'S recommendation for award of the contract prior to making such award; d. Submit to DISTRICT a copy of each Contractor progress payment estimate, as such estimates are approved by MERIDIAN, together with an invoice for DISTRICT'S share of the construction Contract costs earned by and to be paid to Contractor; e. Provide for the reference and replacement of all pre-existing survey monuments within the work area; h. Provide the field survey and grade control necessary for construction of the storm drain facilities. 2. DISTRICT SHALL: a. Be the party responsible for inspection and testing in DISTRICT right-of-way. 2 ( b. Remit to MERIDIAN, within thirty-five (35) calendar days after the date of invoice therefor, all funds for which DISTRICT is responsible pursuant to this Agreement; 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The contract amount for the storm drain work to be reimbursed to MERIDIAN by DISTRICT shall be based on the actual quantities of work acceptably performed, and, or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the contract. b. DISTRICT'S approval will be required for any change order work involving the storm drain installation; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; 3 f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and 1. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. 4 ( IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: Jerry Nyman, Director By: Susan Eastlake, Commissioner ATTEST: CITY OF MERIDIAN .................. ......... ............. ........l William G. Berg Jr. City Clerk Robert D. Corrie Mayor : ~: . : . : . : . : . .. ....... c-:.:.. :.:.:.:.:- ................... .............. '.. . .. . . ... . . -II ........... oM ... . .... .... .. till .. .... By: By: 5 ( .STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A. STIPULATED PRICE THIS AGREEMENT is dated as of the I (.Q 1'" "- day of A P ~'l \ in the year 1998 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Ellsworth Kincaid Construction, Inc. (hereinafter calJed CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows: Demolition of existing eMU wall, shower stall, tile floor; remove and replace lockers; installation of new fire-rated .door and frame; ceramic tile installation; sheet vinyl flooring installation; fluorescent light installation and related electrical work; wall demolition and associated work required for a complete project as shown on the Drawings. The Project for which the Work under the Contract Documents is described as follows: Wastewater Treatment Plant Operations Building Remodel Article 2. ENGINEER The Project has been designed by the City of Meridian Public Works Department. The City of Meridian Wastewater Superintendent is to act as OWNER's representative. assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. The Work will be completed within thirty (30) calendar days from the date when the Contract Time commences to run. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in current funds as follows: in accordance with Exhibit "An (attach copy of accepted bid). Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit an Application for Payment upon completion of the Work. Applications for Payment will be processed by Public Works Department. 8 Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 25th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 50/0 of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, induding retained percentages, less authorized deductions, within thirty (30) days. Article 6. INTEREST. All moneys not paid when due shall bear interest at 120/0 per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7.1 a CONTRACTOR has familiarized itself with the nature and extent of the Work, site. locality, and all local conditions and Laws and Regulations that in -any manner may affect cost, progress, performance or furnishing of the Work. 7.2a CONTRACTOR has studied carefully all drawings of physical conditions. 7.3a CONTRACTOR has given Public Works Department written notice of all conflicts. errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTSa The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. consist of the following: 8. 1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Information For Bidders. 8.4 Drawings. 8.5 CONTRACTOR's Bid. 8.6 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.7 The documents listed in paragraph 8.2. above are attached to this Agreement (except as expressly noted otherwise above). 9 ( There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9. MISCELLANEOUS. 9.1. No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto. its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on ,19 Contractor .E5.. L..6 u..::> 0 ~ T H J<r~ c,q-l: 0 Co.:lt> T: ..J. ~c. · Owner CITY OF MERIDIAN By: E 1(.C I '1:4 C, Named~ ~ [,(P. (/ By: Name: 10 ( /: ).1'/1, biT /-h I~ /oif2 CITY OF MERIDIAN Wastewater Treatment Plant Operations Building Remodel BID NOTE TO BIDDER: Use indelible ink or type when completing this form. Bid of E~L..~vJoRTH KrtJ~Aro CO#JbT; organized and existing under the laws of the state of doing business as a{n) c.. <:> \' po\" a 1; i 0 r\ To: City of Meridian Address: 33 East Idaho Ave.. Meridian. Idaho 83642 Project Title: Wastewater Treatment Plant Operations BuiJdinq Remodel (hereinafter called "Bidder"), IDAHO * In compliance with the Invitation to Bid and Information for Bidders for the Wastewater Treatment Plant Operations Building Remodel Project, having examined the Drawings and Specifications with related documents and the site of the proposed Work, and being familiar with all conditions surrounding the proposed Project, including the availability of materials and labor, hereby propose to fumish all labor, materials and supplies and complete the Work in accordance with the Contract Documents within the time set forth therein and at the prices stated in the Bid Schedule of Items and Prices. These prices are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this is a part. By submission of this Bid, each Bidder certifies, and in case of a joint Bid each party thereto certifies as to his own organization, that this Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Bid with any other Bid or with any other Bidder or with any competitor. The Bidder agrees that the Work will be completed within thirty (30) calendar days after the date when the Contract Time commences to run. · Insert "individual': "partnership" or "corporation" Bidder's person to contact for additional information regarding this Bid: Name: -,--;: M 1-1 6' tV 0 R::r: .x Telephone: QO'if) - 3 'is - tff'l4 'I 6 I- )( 1\1 {...) , 1 /.. BID SCHEDULE OF ITEMS AND PRICES po.J1 2o.J'2 ( The following is the Bid Schedule for the City of Meridian Wastewater Treatment Plant Operations BuildinQ RemodeL The award will be based on the lowest Total Bid subject to the requirements of Paragraph 13 of the Information For Bidders. The total bid price shall be written in fiQures and words in the spaces provided. BID SCHEDULE Having carefully examined the Contract Documents, the Undersigned hereby proposes to complete the Work described herein for the sum of: Ih \~ tee n, T 1100. 50.(\ J. t~~ ~e h un J \ ~~ ~ -fi\l e..., Dollars (written in words) · . ($ -' 3d 305 ( Igures) ) The above prices shall include all labor, material, overhead, profit, insurance, etc., to cover furnishing and performing the Work as called for and specified. The above prices shall also include all applicable taxes and fees. Respectfully Submitted: By: 7~ JI~ Signature Name: /~M HE:NDR.:r=X (typed or printed) Title: PRo:r E ~ T /1 A N A 6 ~ R Date: if / I D I ~ {? (SEAL if Bid is by a corporation) Attest (for Bids by corporations): B~ gnatu ( rporate or Assistant Corporate Secretary) Date: Lf-Io-Cf<g Name: L ~i Kr.;1C-C..; cI (typed or printed) Title: V.P. Firm: l3.'lL. c., ~ r Business Address: "?,t.-{o 2- LJ 7c ~ov- Telephone Number: (Zty'l.,) J l:f f - g q yc.f Public Works License Number: 102-5"1 -11-11 A- -:r 7 Q ~\~ ~~ \J~ ''-.., D ~~ ~ 00 C") en ........ ~ ~ ~.,~ ;~~ ~ ~ U :5 z (l) "'0 Jg I Lt"') I >- <.(' ~ ~ :5 fa a: e OJ . .... (.) ~ o ft 9 ~ ~ ~CX) u.aT C':o.. 5~ ).-('1') 0:: ffiQj :;1:16 UQ 00 00 __Q)t.ciLri <oOlOl.O 15 'J:: (") (V) }-:.Q~~ EA- f:I7 o o :t:::~~ c: '~ f:FJ- :::la..: 4> o c. CD u.. c: o U) 06 .@ ~ o a:: 00 ll> 10 LOtri (ijQ)oo ..... ,0 ~ 't- ~ d: t'- ......- NN fh ~- o 1.0 :t::;:CD:::: t:: .0 ER- ::l& Q) 10 E +=J UJ W -a Q) o S a.. .. ,...... ,....... f'..:f'.: --CDNN .s . <.> ,....... ...... ~(tmcri NN 09- 617 ~ CD ~Q)~ c:.g ~ ::jet: ~ ~LLO :3-!~ :J' (f) ,.....<X: "t) ~ It) Q) ~ ~. 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"""'E ~ 0 ......~ ~"O lOG) "'0 > Q) 0 mE "'O~ 20 co.!l1 E co 1.1:1 >. m g f./) Q) ::10) o~ .~ e '- 0 0.0 Et: o Q.) J:: e ~~ o Q) o .2= eLL ~ CIi co E 1'J Q) :o~ o~ ~15 it ( ~ cD 10 E +::J ~ o o ~ ~ ~-~ ~~ ( BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT FOR A ONE STATION 'HAIR SALON BY STEPHEN AND KAYE PADORIS. 503 PINE AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on March 10,1997, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its repre~entative, Stephen padoris, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) corisecutive weeks prior to said public hearing scheduled on March 10, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 10, 1997 hearing; that' the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian at 503 Pine Avenue. The property is described in the application for a conditional us~ permit, which description is incorporated herein as if set forth in full. The Applicant i~ the owner of record of . E'INDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 (- ( the property. 3. Pursuant to the application, the pro~erty is presently zoned as R-15, Medium High. Density Resident.ial .District. The proposed use of the property is to operate a one station hair salon. Applicant presented a site plan depicting the location of the proposed ~use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer" water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4 . Stephen padoris, representative for the Applicant, testified substantially as follows at the public hearing. Mr. Padoris and his wife would like to. open a one station hair salon in their home. Mr . Pad~ris inquired about the next step in the Cotnmissioner Johnson noted that the next step is to procedure. answer questions from the Planning and Zoning Commission. 5. Commissioner Maccoy inquired about the use of handicap parking. Mr. Padoris noted that for the most part the shop would cater to friends and family. He had no immediate pl.ans to provide for handicap access. He did note that if they needed to put in a ramp they could do that. Commissioner Maccoy noted that they must abide by the American Disability Act. Commissioner Maccoy inquired about the parking and access to the proposed business. Mr. Padoris noted they have.enough space for three cars side by side in the driveway. He also noted that ACHD would require a turn around access of some kind that would provide for. one more additional FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 ( ( t?pace. 6. Commissioner Maccoy noted that he took exception to the proposed 4x4 sign on a five foot post~ He noted t~at if he were a neighbor he would not appreciate a sign that size sitting in an adj acent yard. Mr . Padoris noted that he stuck that in there solely for the purpose of comment. He understands that Meridian has a sign ordinance and they have a preferenc~ for monument signs, he just wanted some feedback in that regard. Commissioner Maccoy noted that Mr. pactoris should spend some time on his sign proposal, because the present sign is unacceptable. Commissioner Borup inquired about the ACHD requirements, specifically, the requirement concerning the 24x30 foot wide new driveway. Mr. Padoris noted that was an ACHD requirement and they have reconsidered the requirement and are now talking about a turn around driveway. Commissioner Borup noted that he felt a 24 foot new curb cut driveway was excessive for the proposed use. He noted that a turn around of some type should handle the safety concerns for ACHD. Commissioner Borup requested confirm~tion from Mr. Padoris that ACHD has reconsidered their curb cut driveway requirement. Mr. Padoris noted that ACHD has reconsidered their requirement. 7. Commissioner Johnson inquired about the hours of operation. Mr. Padoris noted that the hours of operation would be 9:00 a.m. to 6:00 p.m. Commissioner Johnson inquired about the covenants in the neighborhood and whether they restrict the 'FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 (- ( proposed business in any way. Mr. Padoris stated ~That's a good question, I'm not sure". Commissioner Johnson wanted to know' if the idea has been run by the'neighbors'. Mr. Pador~s noted that he did and there seems to be no objection to the idea. He also noted that a neighbor would be sending a letter to the City of Meridian in support of the plan. 8. Commissioner Smith noted that he l}as concerns for the neighborhood setting and the issue of the turn around area. He wants to make sure that the -turn around area is not a detriment to the. neighborhood, but at the same time avoid it being over excessive. Commissioner Smith noted that the applicant would need to provide reasonable accommodations for handicapped access. Commissioner Smith noted that he agrees with Commissioner Maccoy that the sign is too big for the proposed business. Commissioner Smith noted that he would like to see more information submitted on the issue of the sign. 9. Commissioner Nelson noted that his wife uses such a hair salon and that the covenants in that neighborhood qre specific as to the type of sign and whether an in house business is permitted. He noted that the type of sign that business has is the type attached to the house. 10. Commissioner Maccoy inquired about the lighting of the premises. Mr. Padoris noted that he has ~some normal lights on the side of the house, you know, we can flip on." Commissioner Maccoy noted. that he did not think the sign out front should be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 (- (' illuminated. 11. Bruce Freckleton, Assistant to the City Engineer, submitted a comment that the sanitary sewer and water to this facility would be via. existing service lines. That the site is currently assessed with 1 water hookup and' 1 sewer hookup. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. That the applicant will be required to. enter into an asses.sment agreement wi th the Ci ty of Meridian. He requested that the applicant provide any information in regards to the anticipated water demand. 12. The Meridian Fire Department, Meridian Police Department, Meridian Sewer pepartment, Meridian Water Department, Central District Health Department and Nampa & Meridian Irrigation District . submitted comments, which respective corrrrnents are incorporated herein as if set forth in full. 13. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 'of the Zoning and Development Ordinance of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 ( r ( Meridian. 3 . The City has the authority to take .j udicial notice of its own ordinances, other governmental statutes and. ordinances, and of actual cond'itions existing within the City and the State. 4. The property is currently zoned (R-15) Medium High Density Residential District. The R-15, Medium High Density Residential District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (R-15) Medium High Density Resident~al District - The purpose of the (R-15) District is to permit the establishment of medium-high density single family attached and multi-family dwellings at a density not to exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation, arterial or collector, abut or- have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single family dwellings, townhouses, apartment buildings and condominiums. 5. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 6. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (0) authorizes the City to prescribe a set FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 6 Stephen and Kaye padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 time period for which a" conditional use may be in existence. 7. Section 11-2-418 D. states as follows:. In approving any Conditional Use, the .Cornrn,ission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part. of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in ex~stence. . 8 . This Application for a . conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 9. Section. 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a . The use, would in fact, consti tute a conditional use and a condi tional use permi t would be required by ordinance; b. The use would be harmonious with and in accordance wi th the Comprehensive Plan but ,the prior annexation of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 the land was 'conditioned upon a review of each proposed use and requires a conditional use pe:qni t to allow the use; c. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the'intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardo.us nor should it be disturbing to existing .or future neighboring uses if the conditions are met; e. Sewer and water service is available, but the Applicant may have to pay additional fees for the use; f. The use would not" create excessive additional requirements at public cost for public facili ties and services and the use would not be detrimental to the economic welfare o~ the. community; g. If the" conditions are met, the use should not invqlve a use, activity, process, material, equipment or condi tions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public str~ets; and; i. The development of the property will not result in the "destruction, loss or damage of a natural or scenic feature of major importance. 10. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 ( a. The condi tional Ordinance, shall owner or lessor another property; use, pursuant to the Zoning not be transferable to another of the subje~t property or .to b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Narnpa & Meridian Irrigation District and other governmental agencies submitting comments; c . The concti tional use shall .not be r.estricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of- any "conditions imposed herein and other condit~onal use applications; d. All ordinances of the" City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements; e. Any existing irrigation/drainage ditches crossing "the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral "users association, with written confirmation of said approval submitted to the Public Works Department. f. Handicap parking, associated signage and building construction shall meet the requi~ernents of the Americans with Disabilities Act. 9 · .AIl signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance. Flashing signs and temporary signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. Sign permits are to be obtained prior to construction. Upon three days' notice to any tenant, the City of Meridian will remove any unauthorized signage. h. Applicant will provide a screened trash enclosure per City Ordinance Section 11-2-414 .A. 3. The applicant shall coordinate <;lurnpster site locations FINDINGS Of' FACT AND CONCLUSIONS OF LAW - Page 9 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 (- wi th the City's solid waste contractor, Sani tary Services, Ine. ; locati.ng dumpste~s so as not to impede fire access. i. All driveway and parkirtg areas ~hal~ be paved, with all dri veway accesses approved by .the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed. by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off street parking areas. All site drainage shall be contained and disposed. of on~site. All driveway and parking stall dimensions shall comply with Meri~ian City Ordinance. j . Significant .changes from the site plan approved under this c9nditional use permit, as determined by the Planning and Zoning Administrator, will require re-noticing and rehearing before the Planning and Zoning Commission and Council. 11. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 12. It .is reconunended that if the Applicant meets the conditions stated. above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 ( APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL, COMMISSIONER BORUP \ \ VOTED ~'O COMMISSIONER MACCOY VOTED COMMISSIONER SMITH VOTED VOTED t/~ COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER)' VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set. f.orth in the Findings of Fact and Conclusions of Law or similar condi tions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. APPROVED: DISAPPROVED: MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 ( APPROVAL .OF FINDINGS OF FACT AND CONCLUS.IONS COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) VOTED (INITIAL) ~ APPROVEQ'1j DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW _ (! I{ P ttfl d(/~iJ ~ {)rr.L d f-at-/l?~ ha~ Sdt77tJ (' ( MERIDIAN CITY COUNCIL AGENDA TUESDAY, APRIL 21, 1998 - 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: RON ANDERSON X CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE MINUTES OF PREVIOUS MEETING HELD APRIL 7,1998: (APPROVED) AWARDS BY MAYOR ROBERT D. CORRIE: (TERRY SMITH & MALCOLM MACCOY) 1. TABLED MARCH 17,1998: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT NORTHWEST OF CHERRY LANE VILLAGE NO. 1 BY STEINER CORPORATION: (TABLE UNTIL MAY 5,1998) 2. TABLED MARCH 17, 1998: PRELIMINARY PLAT, 48 LOTS FOR THE VILLAS AT THE LAKES SUBDIVISION BY STEINER CORPORATION: (TABLE UNTIL MAY 5,1998) 3. TABLED APRIL 7,1998: INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: (TABLE UNTIL MAY 5,1998) 4. TABLED APRIL 7,1998: FINAL PLAT FOR STERLING CREEK~ElVIRA) SUBDIVISION (49 LOTS) BY RON CROW - EAST OF EAST ST STREET AND NORTH OF EAST CARLTON PART OF NE ~ & NW %SECTION 7 T.3N., R1 E.: (APPROVE) 5. TABLED APRIL 7,1998: REQUEST FOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK - 3175 N. TEN MILE ROAD: (TABLE UNTIL MAY 5, 1998) 6. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT TO CONSTRUCT A 13,250 SQUARE FOOT HIGH TECH MACHINE SHOP BY NICK BRACKUS - MEDIMONT SUBDIVISION SOUTH OF FRANKLIN AND WEST OF LOCUST GROVE - NW % NW % SECTION 18, T.3N., R.1 E.: (APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW - APPROVE CONDITIONAL USE PERMIT) ( 7. PUBLIC HEARING: REQUEST FOR A VACATION OF LOT LINE IN BLOCK 12, BETWEEN LOTS 15 & 16 (424 E. TOBAGO COURT) IN MERIDIAN GREENS #3 SUBDIVISION BY GEORGE A. & MAUREEN L. HOWE: (APPROVE) 8.& ORDINANCE #785: REPEALING CHAPTERS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN: (APPROVE) 9. RAVEN HILL SUBDIVISION PHASE 2 - AMEND DEVELOPMENT AGREEMENT: (TABLE UNTIL MAY 5, 1998) 10. STREETLIGHT AGREEMENT: ASHFORD GREENS SUBDIVISION NO.2: (APPROVE) 11. DEPARTMENT REPORTS: SHARI STILES: A. MEETING WITH IDAHO POWER COMPANY AND HOMEOWNERS ON THE WEST SIDE OF BLACK CAT ROAD. B. SALVATION ARMY CHAPEL -INTERMOUNTAIN ARMS BUILDING. GARY SMITH: A. NORTHWEST TURF & GARDEN AGREEMENT WITH CITY OF MERIDIAN. B. SEWER TO 100 ACRES SURROUNDING THE PARK SITE AT THE NORTHWEST CORNER OF USTICK AND MERIDIAN. C. DEMAND LETTER TO BRIGHTON CORPORATION FOR $135,584.00. TOM KUNTZ: MARCH FOR PARKS RAISED APPROXIMATELY $9,000 FOR PLAYGROUND EQUIPMENT AT TULLY PARK. 12. EXECUTIVE SESSION: MERIDIAN CITY COUNCIL MEETING APRIL 21l 1998 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 p.m. MEMBERS PRESENT: Charlie Rountree, Glenn Bentley, Keith Bird, Mayor Corrie. OTHERS PRESENT: Wayne Crookston, Gary Smith, Shari Stiles, Bill Gordon, Will Berg, George & Maureen Howe, Ron Crow, Malcolm & June MacCoy. Corrie: All are present except Ron Anderson is absent. I'm going to go a little bit off the agenda tonight but first I would like to welcome the scouts from Troop #5 here tonight, we're glad to have you here and hope that we do well with your thoughts on the city government, also I would like to welcome one boy from Troop #173 who's here for his merit badge if I'm not mistaken, and welcome to be here tonight. At this time I would like to have Terry Smith and Malcolm MacCoy come up front please. We would like to especially honor these two gentlemen tonight, it's been a little while since we had the regia sprinter activity here in the City of Meridian but two of the main cogs I might say in the train and presenting the City of Meridian with the sprinter was Terry Smith and Malcolm MacCoy and we would like to honor these two gentlemen tonight. First I'll start with Terry Smith and this is a plaque, it says presented to Terry P. Smith for his outstanding and unselfish dedication to the success of the regia sprinter as coordinator for the City of Meridian, Idaho during the October 13-26, 1997. His dedication of time and energy to make this a special event for the Treasure Valley is deeply appreciated, this is awarded by the City of Meridian. Smith: Thank you. Corrie: And we have here it says presented to Malcolm MacCoy for his outstanding and unselfish dedication to the success of the regia sprinter as coordinator for the City of Meridian, Idaho during October 13-26, 1997. His dedication of time and energy to make this a special event for the Treasure Valley is deeply appreciated, awarded by the City of Meridian. Smith: You don't see a regia sprinter going up and down the tracks but there was a very good awareness created that (inaudible) in the tracks is very important for the communities and the demonstration of the partnerships on this type of thing and many, many other cooperative partnerships between communities that can be very successful. MacCoy: I'd like to say this that the work that Terry and I had to do was just points up because we could never have done it without the community coming in behind us and working on side by side many hours of both time and money and so on to make this happen, it was a great community activity and a success / [ iv1ERIDIAN CITY COuNCIL APRIL 21, 1998 PAGE 2 because Bob didn't mention that but the stations that were done by the various cities we had the best station and we were notified of that by the Boise people, to me it was even more of interest we were told that in a formal meeting with the German (inaudible) Government so I thought that was really good that we shone for our city. Smith: Malcolm was really correct in that the award is for the volunteers, there were just an untold number of volunteers that made that partnership successfuL MacCoy: We couldn't have done it without them. Corrie: Thank you very much. MINUTES OF PREVIOUS MEETING HELD APRIL 7, 1998: Corrie: Counci I you have the minutes of the previous meeting held April 7, 1998, are there any corrections or alterations to those minutes? Bird, Bentley, Rountree: None. Bird: I'll make a motion we accept the minutes of the April 7th meeting. Rountree: Second. Corrie: Motion made by Mr. Bird, second by Mr. Rountree that we accept the minutes of the April 7th meeting. All those in favor say aye. MOTION CARRIED: All ayes. ITEM #1: TABLED MARCH 17, 1998: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITiONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT NORTHWEST OF CHERRY LANE VILLAGE NO.1 BY STEINER CORPORATION: Corrie: I believe that Council we had a - supposed to meet with these people. Bentley: Mr. Mayor for the record we need to point out that City Attorney Crookston has stepped down due to a conflict of interest. Corrie: Do we have the other attorney here tonight? Bentley: No we do not. Corrie: Okay, I don't think we'll need him. ( i\1ERIDIAN CITY COUNC~ APRIL 21, 1998 PAGE 3 Rountree: Mr. Mayor, a meeting was scheduled for our last Council meeting with Steiner Development, we sat with them and explained some of the language in the conditional use permit, some of the desires that we were looking for in terms of access to certain lots, reduction to the number of lots in the area that bordered Golfview Estates, also some design details that will be included with the CC&R's for adjacent properties to abutting neighborhoods. Since that meeting within the last couple of days I have received and I believe the other councilmen have received a proposed re-plat showing some of the changes that they've come up with since our meeting. In talking to City Engineer Smith prior to our meeting he apparently has not seen this plat so given that if there isn't any further discussion or questions I would move that we table items #1 and #2 till our next regularly scheduled meeting in May which would be May 5th for the Finding and Facts and the preliminary plat for the Villas at the Lakes Subdivision. Bird: I'll second that Corrie: Okay, the motion has been made by Mr. Rountree and seconded by Mr. Bird that we table items #1 and #2 till the May 5th meeting, are there any further discussions on those two items? Bentley: The question I have is if it's going to appear that we're going to have substantial changes to this to where it would possibly need to go back to P & Z, do we need to wait to make that decision until we hear from staff or is time not a problem on this one? Corrie: Gary, are they - Shari are the changes substantial or are they just minor or just re-drawing of the plat or does it require a second hearing for the planning and zoning? Stiles: Mr. Mayor and Council I think what some of the things staff had requested would have required substantial changes, however after the meetings that were held and the changes that have been made I wouldn't consider those to be substantial. Corrie: Gary do you have any comment? Smith: No, I don't have any comment Mayor. Bentley: That answered my question, thank you. Corrie: Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ( ~RIDIAN CITY COuNCIL APRIL 21, 1998 PAGE 4 ITEM #2: TABLED MARCH 17,1998: PRELIMINARY PLAT, 48 LOTS FO RTHE VILLAS AT THE LAKES SUBDIVISION BY STEINER CORPORATION: ITEM #3: TABLED APRIL 7, 1998: INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: Corrie: I guess this is one I was going to talk to Council about earlier. Council the - Brad Miller who is the project with Van Auker has talked to Paul Clayton, Paul Clayton has talked to Mr. Saum, Mr. Saum is really pretty sick right now and that was one of his higher priorities. I would like to - is there anyone here from McCall Properties? Okay, I hate to ask for a continuance or table this till next May 5th but I think we need to discuss this one in a little more context because I don't think we're going to get too far with Mr. Suam on this. Is there any discussion or any questions you might want to ask? Bird: Do we have to table this or can we just take it off the agenda until they bring it back to us? Corrie: I would like to table it, I think we need to discuss this between now and May 5th because there's some things that we need to do and make a decision on what we're going to do here. Bird: Yeah, I talked to Brad and Ron today. Corrie: Okay. There was a formal request by the McCall properties so I would- Rountree: Have we made contact with McCall Properties and indicated a point and time where they have to have an answer? Corrie: They told me that they didn't have to have one right now, they're still about a month and a half, two months away with what they want to do so I think if we act in two to four weeks that will be plenty of time for them. Bird: Mr. Mayor, I make a motion that we table the McCall Properties septic system until May 5th. Rountree: Second. Corrie: Motion made by Mr. Bird seconded by Mr. Rountree to table till May 5th meeting, any further discussion? Hearing none. All those in favor say aye~ MOTION CARRIED: All ayes. ITEM #4: TABLED APRIL 7, 1998: FINAL PLAT FOR STERLING CREEK (ELVIRA) SUBDIVISION (49 LOTS) BY RON CROW - EAST OF EAST 5TH ( :MERIDIAN CITY COuNCIL APRIL 21, 1998 PAGE 5 STREET AND NORTH OF EAST CARLTON PART OF NE % & NW % SECTION 7 Ta3N., R1 E: Corrie: Is Mr. - I know Ron is here -- would you like to come up and if we have any questions that council might have on this one. Bird: My application says Dan Crow it is wrong isn't it? ' Corrie: I'm sorry, it's close there, 11m sorry. It says Ron, it says Dan here so- Stansfield: I'm Scott Stansfield with JUS Engineers, 250 S. Beechwood Avenue, Boise, Idaho. We had an opportunity to provide written response on the 13th and I believe all of you should have a copy of that and it's pretty self-explanatory, I'll be glad to answer any questions you may have. Corrie: Council, questions? Bentley, Rountree, Bird: None Corrie: Okay, thank you. Rountree: Questions for Shari or Gary or both, the missing items and concerns that they expressed previously have those been taken care of by written response? Stiles: Councilman Rountree, Mayor and Council, the majority of the items have been taken care of with this submittal, I have not received a draft of the development agreement or the landscape plans and the CC&Rls were just received I believe last Friday and we haven't had a chance to review those but with the provision that if we encounter any problems we'd be able to bring it back to Council if we have a major issue I don't have any problem with it. Smith: Councilman Rountree, Mayor and Council, I think they've answered all of our concerns from Public Works Department. Rountree: Do you guys have any issues? Mr. Mayor, I would move that we approve the final plat for Sterling Creek Elvira Sub subject to staff comments in coordination with planning and zoning and City Engineer. Bird: 1111 second that. Corrie: Motion made by Mr. Rountree second by Mr. Bird, to approve the final plat acceptance, any further comments or discussion? Hearing none. All those in favor of the motion say aye. ( IvIERIDIAN CITY COuNCIL APRIL 21, 1998 PAGE 6 MOTION CARRIED: All ayes. ITEM #5: TABLED APRIL 7, 1998: REQUEST FOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK - 3175 N. TEN MILE ROAD: Corrie: I believe we got a memorandum from Mr. Berg about item #5, are there any questions on that? Bentley: Mr. Mayor, I see we have a motion to table this so I move we table it till May 5, 1998. Bird: Second ita Corrie: Motion made by Mr. Bentley second by Mr. Bird to table this item until May 5th, any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM #6: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT TO CONSTRUCT A 13,250 SQUARE FOOT HIGH TECH MACHINE SHOP BY NICK BRACKUS - MEDIMONT SUBDIVISION SOUTH OF FRANKLIN AND WEST OF LOCUST GROVE - NW % NW % SECTION 18, T.3N., R.1 Ea: Corrie: Council you have that Findings of Fact and Conclusions of Law before you, any comments, questions? Bentley: Mr. Mayor, I have a - I donlt know who best direct this to -- Gary Smith, Mr. Smith, in your comments there was some question on pre-treatment whether there would be a requirement for pre-treatment prior to going into the sewer, has that been resolved whether there is or isn't? Smith: I don't believe it has been resolved yet Councilman Bentley, it would need to be at the time that the building plans are submitted for review the Wastewater Department would take a look at that, what their process is, materials that they're going to be using in the building, and then a decision would be made on what would be required for pre-treatment, how it would be handled if there is a discharge to the City sewer. Bentley: Okay thank you. Corrie: Any further discussion? Bentley: I do have one question too, is there somebody here from -- ( 1vIERIDIAN CITY COuNCIL APRIL 21, 1998 PAGE 7 ( Corrie: Would you like to ask them - Bentley: Yes I'd like to ask them a question. Corrie: Would you come up, we have a question for you sir. Just state your name please. Robinette: My name is Ray Robinette, I live at 1011 S. Star Rd., Star, Idaho. Bentley: Thank you, there was some questions in the findings concerning the fire requirements? Robinette: Yes, when we had originally came in and started our application we were under the impression that we had big enough setbacks in there that we weren't required sprinklers and as the process has kind of gone through the owner has decided at his own discretion he would like to go ahead and sprinkle the building completely so that issue has been resolved. Bentley: Okay, thank you. Robinette: You know I might add, maybe we can handle it right here, on the pre- treatment there is - we have no discharge of anything other than what goes into the bathrooms, the sinks, the labs, there's no floor drains in the building outside of one in the bathroom for an overflowing toilet, but there is no pre-treatment necessary. If we need to do a formal addressing of that we could do that. Bentley: I think that is like Gary said when you bring the plans through that they'll address it then. Robinette: One of the other things that they brought up was the sprinkler system and I did bring an elevation of the building here - they wanted us to go ahead the initial elevation that we submitted was real preliminary, it didn't show the types of block, the split face, what kind of roof, little bit of the color and stuff. The other thing that they had questioned was outside storage and where the machine shop we do - Nick and Betty Brackus, they do keep all of their materials inside, they have decided that they would go ahead and put a fully enclosed trash area on the back end of the building right here so those were the only - I guess three isslfes, one - describing the types of materials we're going to build the building with, number 2 - the sprinkler system and then the trash enclosure, even though it's not depicted on there it will built out of block and totally enclosed. Bentley: Okay, what type of roof are you putting on it? Robinette: It's an architectural composition. I do have pictures. ( MERIDIAN CITY COuNCIL APRIL 21, 1998 PAGE 8 Bird: If you have pictures, show them. Robinette: That building actually shows the split faced block, the gray roof, and a little bit of the green (inaudible) These are real close to what we're doing. Those are some pictures that I've taken that are real close to the colors that we're going to use and on the deal here I've actually taken the swatches out of the color book to kind of show - and that can vary a little bit one way or the other with application but I can give you a couple there for the record. Bentley: Okay, thank you. Robinette: Thank you very much. Corrie: Any further questions? I'll entertain a motion for the approval or dis- approval of the Findings of Fact and Conclusions (inaudible) Rountree: Mr. Mayor, I move that the Meridian City Council approves the Findings of Fact and Conclusions of Law as prepared by Planning and Zoning. Bird: I'll second it. Corrie: Motion made by Mr. Rountree, second by Mr. Bird that we approve the Findings of Fact and Conclusions of Law that was prepared by the Meridian Planning & Zoning Commission. ROLL CALL VOTE: Mr. Bird - yea, Mr. Bentley - yea, Mr. Rountree - yea, Mr. Anderson - absent. MOTION CARRIED: 3 ayes, 1 absent. Corrie: Decision recommendation? Rountree: I move that the Meridian City Council approves the conditional use request by the applicant for the property described in the application. The applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements and the paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Bentley: Second. ( MERIDIAN CITY COuNCIL APRIL 21, 1998 PAGE 9 Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the decision recommended as read, any further discussion? All those in favor of the motion say aye. MOTION CARRIED: 3 ayes, 1 absent. ITEM #7: PUBLIC HEARING: REQUEST FOR A VACATION OF LOT LINE IN BLOCK 12, BETWEEN LOTS 15 & 16 (424 E. TOBAGO COURT) IN MERIDIAN GREENS #3 S~UBDIVISION BY GEORGE A. & MAUREEN L. HOWE: Corrie: At this time I'll open the public hearing and invite either George or Maureen to come up and tell us their request. Howe: My name is George Howe, 884 E. Kingsford. Crookston: Will you raise your right hand, you need to be sworn. Do you promise to tell the truth, the whole truth and nothing but the truth so help you? Howe: I do. Crookston: Please proceed. Howe: I'm asking for the vacation of the lot line between 15 & 16 just so I can build a house across the line basically, are there any questions? Bentley, Bird: None. Rountree: The only question I would have is are there any easements platted that would have to be - Howe: The reason that I have to build a house across the line is the creek bed requires me to stay 75 feet away from that and that makes the lot a little smaller than it looks. Corrie: Okay thank you George. Anyone else in the public that would like to issue testimony in this hearing? Hearing none~ Crookston: Mr. Mayor I just have a question for Mr. Howe. In most subdivisions there are easements along the lot lines, are there not easements along your lot line? Howe: That line was checked out and there is no - it was not used by any of the utilities it was strictly a ten foot easement on either side of the lot line and they said that if I could get the vacation of the line that they'll drop the easements. ( 1v1ERIDIAN CITY COLJNC~ APRIL 21, 1998 PAGE 10 Crookston: I would think that those utilities are going to have to vacate those easements. Howe: There are none in there. The easements are strictly the ten foot setbacks and that's it. Crookston: Weill have not seen the plat of Meridian greens but in almost all subdivisions it says that there are easements along each lot line for irrigation, for electrical, gas and things like that. Howe: Would you like to see the plat? Crookston: Certainly, I have no problem in being vacated but- Howe: This is the full piece, the line that we're talking about is this one that goes back in here and comes right out here in the middle of the road. There's nothing in this line at all. All of the gas, electrical and everything is travelling in this manor. Crookston: I certainly have no problems if there are no utilities using that easement but if they have an easement, whether or not they're using it or not, I think it should be vacated by the utility companies. Howe: I've had them check it and (inaudible) Crookston: I know there may not be anything there but that doesn't mean they donlt have an easement though. Howe: The only easement I know of is ten foot on each side of the line and it was I think by Meridian Greens. Crookston: That's alii have. Bird: Gary, could you or Shari answer that? Smith: What was the question again? Bird: On the easement out there in Meridian Greens, do they have the utility easements between each lot? Smith: Yes, there's a five foot easement on each side of the lot line which is a typical easement, it's spelled out by a note on the plat, it should be on this plat, I don't have a copy of it in my hand but typically that's an easement, it's not shown by dimension on the plat itself but it is shown by note and it's five foot. It's set up for irrigation, drainage, utility, use and I assume that when this request by ( MERIDIAN CITY C<)"LJNCIL APRIL 21, 1998 PAGE 11 ( George was sent into the City, or requested by the City, that this request was in turn sent out to the utilities, I don't know that for sure, is that the case? Berg: Yas Gary it was sent out to the agencies as - Smith: We received no comments from Idaho Power, U.S. West or Intermountain Gas, is that correct? Corrie: Just the Nampa-Meridian is the only one. Smith: I don't know if this satisfies the requirements of the City or not or if there has to be something specifically written, a relinquishment of the easement rights by each one of those utilities. Rountree: I guess my concern on this is we lead George down the path here that he feels it's comfortable and at some point and time he gets a title insurance check and he's got an easement down the middle of his house even though there's no property (inaudible) so as far as the City action goes we could vacate the line but he could still be in a situation that he doesn't really like and be comfortable with. Corrie: I would think that you would need to get a written statement from each one of those utilities that they were vacating that easement for you just for your own -- Howe: Now who do I go to? Will do you have the address? Berg: Yes, I have some people contacts for you that you could talk to. Corrie: Just get a written notice like you have from the irrigation district here. They have no need to comment then on the vacation so Shari - Stiles: Mr. Mayor and Council, state code does require a written relinquishment of easements. The process called out in state code is substantially different from what our ordinance requires, this would normally require going through Planning & Zoning Commission for a public hearing and then going to City Council for a public hearing. We debated over whether they should just come in with an amended plat to get rid of those easements and to put the two lots -- make the two lots one because there's a whole setback thing too but a new thing has come up with John Priester the Ada County Engineer that he interprets the wording of the state code differently than City Staff does. The state code states that the vacations of easements shall occur upon recording of a new plat which I interpret to mean you don't have to go through the vacation process as well as the platting process. The way he interprets it is if you want to amend a plat you first have to vacate every easement in that plat and then record it so it's an interpretation ( l\1ERIDIAN CITY COt.JNCIL APRIL 21, 1998 PAGE 12 ( thing so even if we ask for the amended plat it wouldn't be recorded by John Priester because of his interpretation of that statute so that's why we asked for the vacation. Mr. Howe would like to start at least breaking ground May 1 st and with the time table of those two scenarios it wouldn't have worked at all and I'd hate to hinder somebody that just wants a bigger lot in Meridian. Bentley: Mr. Mayor, this would be a question for Council, would it be proper to approve the vacation of the lot line pending the vvritten dismissal of the easements by the utility companies? Rountree: That would be fine. Corrie: The Nampa-Meridian Irrigation District says however the easement of the Ten Mile drain must remain at 100 feet, 50 feet from the center each way, they're not relinquishing any easement. Howe: No, all they're doing is telling me that I can't go within 75-feet - 50-feet of the drain and I'm okay on that one but it's the other ones that I need to get the easements. Bentley: But if we do it this way he can go get them and once you got the letters you turn them in and you're done with it and you're on your way. Crookston: Those easement vacations will have to be recorded so when you get let's say Intermountain Gas to vacate their easement when they sign a document it has to be something that can be recorded so that the easement is then vacated across that lot line or the lot line between the two lots that you own because if you don't record it then the easement's still there. Howe: I can bring it back in here then. Crookston: Well you'd take it to Ada County and have them record it - to the Ada County Recorders office but you also have to have - Rountree: It might take four of us to help you do this George but - Corrie: It's terrible to have to do ail this just to get the line taken away. I think politics is raising itls ugly head here (inaudible) Smith: Mr. Mayor, I've got a sample of a relinquishment of easement form that I can give to George and we can make one out for each of those three utilities, you can take them around and get those people to sign off, there's a notary statement at the base of that form and then all three of those could be taken to a recorder and recorded. ( MERIDIAN CITY COuNCIL APRIL 21, 1998 PAGE 13 Corrie: Okay I will close the public hearing at this time. Council? Bentley: Mr. Mayor, I would move we approve the vacation of the lot line in block 12, between lots 15 & 16 at 424 E. Tobago Court in Meridian Greens Sub. #3 subject to the relinquishments of easements by the utilities involved. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird that the motion that was stated. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: 3 ayes, 1 absent. ITEM #8: ORDINANCE #785: REPEALING CHAPTERS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN: Corrie: Council this is Ordinance #785. Mr. Berg? Berg: Please note that this is the April 17th date that you should be looking at. It was a loose one that was submitted to us after we made our packets. Corrie: Ordinance #785 is an ordinance in the City of Meridian repealing title one, chapter 10, title 3, chapter 3, title 3, chapter 6, title 3, chapter 8, title 3, chapter 11, title 7, chapter 1, title 7, chapter 2, title 8, chapter 3, title 8, chapter 4, title 8, chapter 6, title 8, chapter 11, title 8, chapter 13, title 8, chapter 14, title 9, chapter 1, title 9, chapter 6 of the revised & compiled ordinances of the City of Meridian providing for an effective date. I assume the Council has read all those titles and gone through that. Bird: I think there's only one thing I've found and down here in the next two paragraphs in title 8, chapter 6 mentioned twice. Corrie: That's correct Mr. Bird. Bird: There are two locations, I suppose we need to scratch one of those. Corrie: Is there anyone from the audience who would like to have ordinance #785 read in it's entirety? Mr. Bentley? Bentley: I have a question for Counsel. Have we got all the numbers verified to write on this? Crookston: I believe that they are correct. Bentley: Thank you. ( :MERIDIAN CITY COuNCa APRIL 21, 1998 PAGE 14 Rountree: Mr. Mayor, I would move that we approve Ordinance #785 with suspension of rules. Bird: I'll second that. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we approve Ordinance #785 with the suspension of rules. Any further discussion? ROLL CALL VOTE: Mr. Bentley - yea, Mr. Rountree - yea, Mr. Bird - yea, Mr. Anderson is absent. MOTION CARRIED: 3 yea's, 1 absent. Corrie: Mr. Berg the City Clerk has said that maybe the boyscouts would like to know what we did here. We did go pretty fast on that, we had quite a few chapters and titles that were no longer of value to the City of Meridian such as checking hotels for outdoor privies and things of that nature. They were put on the books very, very early in the City of Meridian and these are some of the things that were trying to clean up and we just did that by the vote and there was a few things that we did, changes that we didn't want to see changed and so we took those out but that was the jest of the ordinance was just a little bit of a house cleaning there and housekeeping so that's what we did. ITEM #9: RAVEN HILL SUBDIVISION PHASE 2 - AMEND DEVELOPMENT AGREEMENT: Corrie: Counselor, I guess this is a development agreement you have seen. Crookston: I have not reviewed it. Corrie: Okay, any questions by Council? They're asking to amend the development agreement to allow them to fence off the Hunter Lateral and provide assurity to tile it as soon as it can be scheduled with the Meridian-Nampa Irrigation District. Stiles: Mr. Mayor and Council, I thought there would be a representative here from Raven Hill tonight, this situation is the Hunter Lateral that exists out there between Raven Hill Subdivision and the future High School site. They have not tiled that ditch yet and it's too late to tile it and he wishes to proceed with his development however the development agreement states that there will be no certificates of occupancy until all of the improvements are made and that if there are any amendments to that development agreement that they had to petition the City Council for approval of that amendment so what they're proposing to do is to go ahead and put the fence up on the easement line and tile it at a later date. ( :MERIDIAN CITY CUuNCIL APRIL 21, 1998 PAGE 15 Apparently they have an agreement with Nampa-Meridian Irrigation District to do the labor as long as they supply the materials. I wish there were also a way to amend that development agreement to make it so it's not 40-foot no man's land full of weeds and that it could be used for some purpose but I'm not really sure what to do but I don't know if Gary has any issues as far as leaving the ditch open, he can address that. Smith: Mayor and Council, I don't have any particular issues leaving the ditch open. I would be curious from the developer as to whether or not Nampa- Meridian will be able to tile a ditch this coming fall, it's my understanding and it's just a second hand comment that I heard, that Nampa-Meridian's projects are very full for this coming fall and it may be fall of 1999 before the ditch is tiled and I don't know that there is anything that can be done other than what the developer's requesting but I'd just like - I think the City should know when this is going to happen, whether it's going to be fall of 1998 or 1999. Second point is I concur whole heartedly with Shari's comment about the gravel alley being constructed and if you've been out to look at Los Alamitos, that's a very good example of what's going to occur down there. It's an unusable, inaccessible piece of ground that serves very little purpose other than it's a freeway for the Irrigation District when they desire to access it. Third thing that I wanted to comment on was the pressurized irrigation for this subdivision. As of today, this morning Mayor Corrie and I met with an individual in the Salmon Rapids Subdivision that's having problems with the pressurized system there. That subdivision is part of the pressurized system that serves Los Alamitos, Salmon Rapids and Raven Hill. As of this afternoon when I spoke to a representative at the Irrigation District they have not, they being the developers of Raven Hill, have not been able to energize that irrigation system from the pump station in Los Alamitos and the representative from Nampa-Meridian did not know the problem, all he knows is that they're having problems getting it going and right now Salmon Rapids is without pressurized irrigation, I assume Los Alamitos is in the same situation and what this is going to do is it's going to encourage the residents to connect to the City water for their sprinkler systems because they're not going to let their landscape that they've invested thousands of dollars in dry up and blow away and so itls counterproductive to what the City of Meridian has been trying to do to utilize the surface water for our pressure irrigation systems and a lot of these connections are going to be made without permits, without inspections, without back-flow preventers and it's going to place our system in jeopardy of back-flow so I think it's imperative that Raven Hill Developers if they are the ones responsible to get that pump station going, that they be informed of that and I have not because it was late in the day when Nampa-Meridian got back to me I have not had a chance to talk to Alan Chandler about this situation but there's definitely a problem there. Bentley: Then I would trust that the problem is being addressed and that our fine gentleman over there at Salmon Rapids isn't proceeding and farther? ( 1vIERIDIAN CITY COUNCIL APRa 21,1998 PAGE 16 ( Smith: It's my understanding that the approval of the subdivision was based on certain things being done and I guess at this point if they don't have a pressurized irrigation system that is functional then the subdivision will not be accepted by the City of Meridian~ Now building permits have been issued. Bentley: Then maybe we need to shut everything off totally over there until this thing gets fixed because now it's impacting somebody else outside of that subdivision. Smith: Yeah, it's a system wide deal and I think Nampa-Meridian is willing (end of tape) - some cooperation and maintenance as soon as the developer or developers prove to them that it is a functioning system. The developers wanted Nampa-Meridian to take the system at the end of last year but they were not able to pressure test the system with the pump station because they ran out of water, they didn't have water in the ditch when they finished their construction so they weren't able to test it. Nampa-Meridian said no we're not going to take ownership of this until it is tested, rightfully so and this spring is a good example of why they didn't do that and it's not operating yet according to Bill Hensen at Nampa-Meridian. Bentley: Well Gary why does he need a delay - what was the delay for not getting the tower done on Raven Hill? Smith: I don't know, I don't have an answer to that question, I don't know. Bird: Gary are these the same developers? Smith: No, there are two different developers. Alan Chandler is a developer and he's in a partnership with a guy named Robert Glenn, I believe his name is and they1ra doing Raven Hill. Goldsmith is a developer of Los Atamitos and Salmon Rapids. Salmon Rapids #4 is the last phase of Salmon Rapids, it's being developed right now. Bird: But it hasn't met the conditions of the development. Smith: It does not have an active pressurized irrigation system, beyond that I don't know - I know it's been installed - Bird: Can't we shut it down if it's not up to what it's supposed to be? Smith: Well they're obviously not going to get any occupancy permits for the permits that have been issued, the building permits that have been issued until the subdivision is accepted and the irrigation system of course is one component of that but from - well I don't know how far back, this system has or was going to ( MERIDIAN CITY COUNCIL APRa 21, 1998 PAGE 17 ( \ be turned over to Nampa-Meridian and it was not going to be a homeowner system, Nampa-Meridian was going to operate it. We have watched after the installation of the sprinkler system and everything has been installed according to the plans, it just doesnlt operate yet, their pump station isn't functioning for one reason or another. I don't know why, Bill Hensen at Nampa-Meridian does not know why other than he got a call at 1 :30 this morning that there was water running out of a man hole into the street and they had to go out and shut the or shut the take-out off the down. Bentley: Mr. Mayort is it proper to just shut down the building permit process too? Smith: I guess I would pass that one off to our legal counsel, I don't know what we can do legally, I don't want to do something that's going to leave us vulnerable to - but yeah, Shari said they do have a development agreement that they've signed and agreed to and so at this point I guess they're in violation of that development agreement. Bentley: So what's the penalty on that? Corrie: Counselor, can you shade some light here? Crookston: I'd have to read the development agreement but I don't think that the City has anything in our ordinances that allows the City to stop development because there is no pressurized irrigation system. Corrie: We can stop the occupancy permit however. Crookston: Right. Rountree: Mr. Mayor, it wouldn't be my intention to penalize anybody but I think we need to get those folks in here and sit down and get this resolved. We've got people that are going to be buying homes out there that are doing to do just what you said Gary that have homes out there now and it's not to our benefit to assign blame, welve got to get those folks in here and get it worked out. I would suggest that however we do that that it happens soonf that we get Marty in here and Alan and Gary and Shari and whoever and get out the development agreement and explain to them that it's not acceptable and we've got to get is resolved. I don't know that we need a heavy hand here I think we just need to know it's a problem. Bentley: Mr. Mayor, we danced with this guy last year on problems over there and I thought that Counsel made it very clear to his attorney that they need to get their act cleaned up and evidently one of them didn't understand it. ( ~RIDIAN CITY COUNCIL APRIL 21, 1998 PAGElS Rountree: I suspect that we'll continue to have those kinds of issues but we've got to get them together and get it resolved. Bentley: So where do we go on this one? Rountree: As far as this request goes I'd move to table it until those folks want to come here and talk to us about it in the meantime I will move that we table this item #9 until such time as the developer comes in and speaks to the Councilor resolves the issue with a meeting with the City staff and the appropriate Council members. Corrie: Do you want to give it a month or do you want to give them - Rountree: I'd table it until May 5th. Corrie: Okay is the date the 5th or the 19th? Fifth? Okay, is there a second to that motion? Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we table this agenda item #9 until May 5th. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Shari will you get everybody together and let's have a meeting date as quickly as possible and we'll sit down and talk to everybody. I think Gary's already contacted Marty's phone number - I donlt know, that may be awhile - Stiles: Mr. Mayor, would you like that meeting to be primarily set up with just Gary and his issues - I mean I donlt particularly have any issues except that we have a development agreement - Corrie: You don't - okay, then let me swith here and Gary would you- Stiles: I mean I'd be glad to set up the meeting but I just don't think I need to be there or Council for that matter. Corrie: Yaah, you're right. Gary would you set us up a meeting that we can talk and we'll have a meeting - anybody in the Council that would like to be there- Keith? Keith weill give you the time on that and we'lI- thank you. ITEM #10: STREETLIGHT AGREEMENT: ASHFORD GREENS SUBDIVISION NO.2: ( MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 19 Corrie: Mr. Berg? Berg: This is a standard streetlight agreement, they are putting in what I like to call decorative streetlights which are not standard to the City or to Idaho Power so they need a separate agreement that the Homeowners Association and/or developer will maintain those. We will still pay the power to them but they will be responsible for the maintenance of the streetlight and it's a standard agreement that we've done with several developments. Bentley: Mr. Mayor, Counselor is everything okay on this? Crookston: Yes~ Bentley: Okay) with that 1111 move that the City of Meridian enter into the streetlight agreement with Brighton Corporation, authorize the Mayor to sign, the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to enter into the streetlight agreement, Mayor to sign, City Clerk to attest. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. DEPARTMENT REPORTS: Corrie: Chief? Shari? Stiles: I have three hopefully short items. One item is I've been requested to attend a meeting with Idaho Power Company and the homeowners on the west side of Black Cat Road, part of our approval of the conditional use permit for the substation at Franklin and Black Cat was that they move the power lines to the west side of Black Cat Road to avoid our sewer lift station and the golf course and Idaho Power states that that is also their policy to have those major transmission lines on the west side of a major road. Some of the property owners on the west side of Black Cat Road are up in arms now, they attended the last City Council meeting and were of the understanding that somehow at that meeting the Council was going to rescind their request to Ada County that they place those lines on the west side of Black Cat Road. I'm not going to be able to attend the meeting, it's the same night as the Meridian Visioning meeting, same date and time that is being held at the middle school, I wondered if any of you had any opinion that you didn't want it to be moved to the west side of Black Cat Road or - ( :MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 20 Bird: Why was it moved over there, I mean it doesn't make sense to me to move a power line that's already set up down the east side of the road to switch it over and as I understand from the letter I received and talking to some of the individuals out there that Idaho Power was in favor of leaving it there but the City of Meridian told them to move it, is that true? Stiles: The City Council at that time did want the 138 KB lines to be moved over to the other side, I don't think the existing poles are going to be used for that line. Bird: No, I understand that but you've got some high power already going through the east side of Black Cat on the east side up by the golf course already, those aren't standard lines. Stiles: And those are all within the existing right-of-way when that road right-of- way is extended to a five land roadway it's going to be set even further back into the property. Bird: That's true, that's true, but what's to say what's going to develop on the other side, it's already running up there, the development and stuff has been planned for it being already on that side and then you've got to flip over - I realize that theyre in the county now and that it's something that we can worry about later but the same token is I can't figure out why if Idaho Power was in agreement to leave it up the east side that we wanted it moved over to the west and I wasn't on the Council to start with, I mean you guys might have a good reason I don't see it. Stiles: I don't know if that was the indication from Idaho Power, at least the people that I talked to, their preference was to have it moved to the west side. Bird: The letter that I got stated that Idaho Power when they called Idaho Power and said that it was moved over because Shari Stiles said that it was the (inaudible) of the Meridian City Council. Stiles: Great! I was just following orders. Rountree: Mr. Mayor, I received the same letter. You have to keep in mind that that letter was drafted by the folks that don't want it there and I don't know that Idaho Power presented a preference one way or another to the City they just asked for OUf comments. The City Council at the time looking at what we had developed, what we have approved where the city limits were indicated to them that our preference would be that it be moved to the west side of Black Cat. That preference was expressed to Idaho Power and what they did with that I don't know. I don't know what their decision process is I don't know what their public involvement process is, they are a public utility so I assume they had to go through some kind of a public process, a hearing process. I don't know if this ( :MERIDIAN CITY COuNCa APRIL 21, 1998 PAGE 21 ( came out in their hearing and if it did, they've since made the decision, part of the decision may have been the preference that we expressed but I don't think we directed them to move it, we indicated that our preference would be that it would be moved to the west side, we didn't mandate it and still I think from - you know we have pump station, golf course, subdivisions, landscaping and whatnot on the east side of Black Cat, at least that portion that's in the city limits and as I recall that was what we looked at when we were asked 'Nhat our preference would be. Corrie: They told me that they were going to have a public meeting about this yet, have they had that yet? Stiles: No, that's what I was talking about on the 29th. Rountree: That's just a public meeting, that's not a hearing? Stiles: It's a meeting that Idaho Power had requested the City attend that's also going to be with those property owners out there and I don't know if Gary has some issues there as -I guess what I'd like to see is them to get me a layout of exactly what's existing there and where those lines would be because it's real hard to tell from what we've been told so far. Bentley: Mr. Mayor, now I'm kind of confused on this. It was my understanding these were brand new lines they were putting in, is that correct? Stiles: Yes. Bentley: Okay, and they can't just hang them on the existing poles, they have to run total new ones because of the space (inaudible)- Stiles: They're just wooden poles out there. Bentley: So they're going to put the great big ones up? Stiles: Well not like down Franklin I don't think, probably similar to what's down Cloverdale Road. Rountree: It's about the same size sub. Stiles: I think, yeah. Bird: Don't we have already have a couple right there by the golf course with the steel posts? Stiles: They're not the 138 KB lines. (- ~RIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 22 ( Bird: No, they're probably not that line but they are the steel posts if I remember right. Corrie: I've got quite a few neighbors on the west side that are hollering, I don't know that anybody on the east side is - Bird: Well you leave them over there and they'll be hollering. Rountree: That's because it's not on the east side. Bird: They're going to holler whichever side you go to. Stiles: Brighton Corporation was pretty interested in what was going on there, you know when he's putting in quarter million dollar homes and extensive landscaping - Corrie: What's going to go on the other side? Bird: That's true Mayor, what's going on the other side, I mean you know let's face the facts it's going to be developed, they're already on the west side, these developers did the east side with these lines and stuff in already, right? - Stiles: But they didn't - Bird: The golf course was built with the lines in and everything, that's all I'm saying. Stiles: But they weren't the big lines and there wasn't a substation planned. Bird: There wasn't a substation but that's part of development that - and when you're crossing the street with those big lines, I don't know where they're going to cross at - are they going up to Cherry Lane to cross or are they going to cross at the railroad tracks or- Rountree: They'll cross at the railroad tracks. Bird: So what does those people down there that's between Black Cat and the railroad tracks think about the lines coming up their side, they've already got them. Rountree: Those are the folks that are writing the letters. Bird: No, no, that's the east side, before they cross. You.va got five or six houses between Black Cat - ( rvtERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 23 Stiles: Are they writing the letters too? Bird: 1 don't know, as 1 understand it it's all on the people on the west side. Rountree: On the west side. Corrie: Power station's on the east side. Bird: East side, yes, but you're going to come up on the east side to the railroad tracks which is a half a mile and flip over and come up the east side? Stiles: I'm not sure if that's exactly where they were proposing to do it, I think that is what our request was. Corrie: Where's it eventually going to end up Shari, on the east side or the west side for power -I mean the lines are going north to where? To Chinden? Stiles: I think they eventually want another substation on a corner somewhere maybe Ten Mile and Ustick, they've talked about that area, I don't know why they like them all - 1 mean I know why they like them right on the intersection but you know I think- Bird: Two miles apart? Stiles: That was what I - Bird: Or well three miles of basically - that substation won't take care of any more than that? Is this substation supposed to feed to the west, over to the Can- Ada and on into that area? Stiles: I think so, yeah. Bird: Is that what that is? Is it going to go down Franklin? Is any of the big lines going down Franklin? Stiles: I don't know. Maybe we should get more information - Bird: I was going to say their (inaudible) is any of it going across Franklin going south on Black Cat? I mean I can't believe you'd have two substations in three miles of each other. Bentley: Sounds like Idaho Power ought to come talk to us. Bird: Yeah, I'd like to hear from Idaho Power on something like that. ( 1vffiRIDIAN CITY COLJNC~ APRIL 21, 1998 PAGE 24 ( Stiles: Is anyone not going to that Meridian Visioning or you probably don't want to be stuck at that meeting. Bird: I don't want to be stuck at that public hearing, I'll be truthful. Stiles: Weill think we need more information from Idaho Power on what it's going to involve. Bird: I do too, I'd like to - I mean I wish they weren't the same night, I wanted to go to the other deat. Rountree: I think there's an opportunity to do both and I'll attempt to try to get to both places but at least find out what's going on as far as Idaho Power is concerned. Stiles: I'll try to get more information before the - Bird: Where's it at Shari? Stiles: Where is it? Bird: The Idaho Power hearing. Stiles: Best Western, Rama Inn conference room. Bird: What time? Stiles: 7:00. Bird: And the vision thing is at 7:30 isn't it? Stiles: I thought it was at 7:00_ Bird: Is it 7:00 too? Corrie: You can't be in two places at one time, I guess you go to one and then the other. Rountree: I would not propose to be a participant in the visioning anyway, just be there to hear- Bird: I'll try to go to that Idaho Power hearing too. Stiles: I'll get more information for you before - ( MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 25 Bird: Yeah, please. Rountree: The time and date and format. Bentley: They need to come let us know what's going on, all their plans a little bit. Bird: I don't know which is the right side but I'd like to know where the lines are going and stuff and why they're looking at - three miles away looking for another substation. Corrie: Well let's have somebody then - I guess Charlie and Keith is going to go and see what they have to say. Bentley: Mr. Mayor, Gary- Smith: Well Skip was just mentioning that there's a substation by the Stinker Station on Meridian and Franklin, three miles west of Black Cat at Black Cat and Franklin would be this one that they're proposing, if you go three miles north then you'd be at McMillan and Black Cat, it almost seems to me as thought they were talking about McMillan as being a substation. Stiles: McMillan and Locust Grove. Smith: There is one at McMillan and Locust Grove which is four miles east so basically we'd have four of them that would be within three to four miles of each other if that is the location. Bird: But I wonder Gary, the same question I've got is then one on Black Cat and Franklin, the one on McMillan and Black Cat if those are to feed west. Smith: I don't know. Stiles: I don't know. Bird: I don't know where they plan on - what each substation's supposed to be. Smith: I would almost assume that they would have - they're not restricted to city/county boundaries so they're going to feed both directions I would assume. Rountree: They're going to work their grid. I think that my concern is that I would like to have them come and give us a more global perspective of what their grid system is going to look like so we can try to accommodate that in stuff that does happen to the west and to the north and to the south, certainly they're going to be ( ~RIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 26 ( doing more of this stuff all over. They must have some kind of long range facility plan, it would be nice to have that factored into your planning activities. Corrie: I think you need to talk to Mr. Dodson (inaudible) Stiles: We used to be able to count on a good power outage to get out of work. Rountree: I believe it's called brown-out. Stiles: Okay I'll get that information to you. Next item I had was just a - we talked at our Director's meeting this morning about the possibility of a Salvation Army chapel moving into the Intermountain Arms facility here on East First, the people - some of the tenants in that building are very concemed, when I was approached with it it's a church - what the tenants are now hearing is that it's going to be canned food distribution, counseling center and I just wanted to make you aware of that if you hear anything if you could let me know, we don't want to be quoted as anti-church, or good-will or Salvation Army or anything else. Rountree: I've had enough of that in my time. Stiles: But the hair salon over there is very concerned about not having to walk over people in the gutter as theylre clients are trying to get in but - Bird: Shari, they donlt have the parking or anything to have something like that, do they? Stiles: A church is a permitted use, you know it's the same thing with the Nazarene Church, you can't very well say you don't have the parking so you can't use the building. Bird: Well that's very true but they also have a lot of parking of their own. Stiles: But they don't have near what the ordinance requires. Bird: Of course if they don't have enough for their - I understand that, and it's a one day (inaudible) Corrie: I asked Shari to have a meeting with her and I and the Sweet's and the minister of that and sit down and have a little talk and see what exactly they have in mind over there. I can see some avenues of complications here so I asked her to bring it to Council and see what your opinion would be but lid still like to have that meeting with those people. . ( MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 27 Rountree: I concur on that, I don't have enough information to even have an opinion but I'm not opposed to a church there but there are some other things that one could wonder about I suppose that the Salvation Army does. Stiles: I wasn't asking for direction really' just wanted to give you a heads up on that and let you know that if they present it as a church I pretty much have to - itls a permitted use~ The last item I had was the letter that Greg Johnson sent that you received in your boxes. In talking to Ada County they said that this was not representative of \^/hat their conversations were with them, basically hels got aD-acres, I donlt know if he owns it or if he's got an option on it - the difference between \^/hat he's proposing and \^/hat's currently allowed is that he could have eight units there, eight ten-acre units or he could do a non-farm development \^/here he could cluster them and leave the remainder vacant for fifteen years or he could build 160 units. What Mr. Patlovich, the Director of Ada County Planning indicated to me \^/hen I - you know I was a little upset \^/hen I saw this \^/hen we went through a four year process to get our area of impact approved then apparently he's telling somebody that we should request that area to be included in our area of impact~ I told Mr. Johnson that I didn't think we were interested in doing that and opening that back up again. I talked to Charlie about it and he liked the idea of having a soccer field there, it wouldn't be, I don't suppose it would be available to the City or it would be a private development. I'm kind of afraid something like this is really going to open up a whole lot of stuff out there because everybody's going to want to do half acre lots on a community system, we've got existing systems that maybe shouldn't have been approved, I don't know how many problems there are with them but I know it causes problems with fire and if they're talking half-acre lots they're looking at unless they have a pretty substantial well to provide the fire flows they're going to have to put fire sprinkler systems in every one of those homes. My main concern is setting the president and our camp plan doesn't permit that. Itls five-acre minimum in our area of impact, this is not in our area of impact but it is in our referral area but I think that also means that it's an R-R instead of an R-T which is a ten-acre minimum. I indicated to Mr. Johnson that I was pretty busy with what was in the City and if he wanted to submit an application to Ada County that complied with our camp plan I wouldn't have any problem with that but I don't know what you think about it. Rountree: I think that's all we can do. We went that battle trying to get it in the impact area and were told that nobody was going to want to be so be consistent with \^/hat we have in the camp plan and present it to the county and let them worry about it. Stiles: Thank you, I appreciate it, that makes my life a lot easier. Bentley: If they want to give us a twenty-acre park we might. ( 1vIERIDIAN CITY COuNCIL APRIL 21, 1998 PAGE 28 Stiles: We'd think about it. Bird: Can we run the boundaries of the City out. kind of zig-zag? Rountree: It doesn't have to be in the City. (I naudible ) Stiles: So I'll write him a letter telling him that the advice from Council and my advice is stick with what our respective Comprehensive Plan's state and if you can submit an application that complies with that it would be okay. Thank you. Corrie: Thank you very much~ Mr. Smith? Smith: Mr. Mayor and Council, I've got three items, actually two of them are pretty quick. This first one isn't very involved, I'll pass a little information sheet out to you. Bentley: Another tree has died. Smith: This is an proposed agreement between Northwest Turf & Garden of Meridian and the City of Meridian to do some landscaping, installation of a sprinkler system and related work at the Wastewater Treatment Plant Administration Building. The original contract for that building inculded $8000.00 allowance for landscaping and it was subsequently removed because we wanted to do some other things and so we got a credit from the contractor for the $8000.00 which was a price that was set up in the original contract as an item so we knew that that was the landscape price. We then went out for bid and that landscape price did not include a sprinkler system for one reason or another the sprinkler system wasn't a part of that landscaping price. It did not include landscaping of all of the areas around the Administration Building, namely around the fence line, the east fence line and the south fence line so we massaged the landscaping plan a little bit and sent it back out for some estimates and Northwest Turf and Garden of Meridian was the low submittal at $12, 896.00. Corrie: Was there another bid? Smith: There were two other bids, I'm sorry I didn't bring them with me, it seems like there was -- one of them was about $15,000.00 and the other one was fourteen something. Bentley: Gary I have a question. I see you got $756.00 down for compost, don't we have enough? Smith: I don't know what we have left for compost. ( MERIDIAN CITY COtlNCIL APRIL 21, 1998 PAGE 29 ( Bentley: That wasn't what I meant. Rountree: Just a question based on your total recall of your bidders, did you get a bid from an outfit called R & M Sprinklers, do you know? Smith: I don't recall. Rountree: I keep hearing from this group about City work and I keep telling them that they need to bid like the rest of the world does and they keep calling me and say that they can't get any work with the City and I said give us a low bid, you'll work for the City. Smith: I don't recall hearing - Brad was handling this and I don't - but I don't recall hearing that name. Rountree: Okay, that's good. I won't hear from them on this one. Smith: The other - I think one bid was the landscaper that's doing some work for the Tully Park project, I don't recall his name I think he's out of Nampa and then there was another one submitted. The problem here is that we have to have a public works contractor, public works licensed contractor to bid. Corrie: Mr. Fares have that kind of contract? Smith: Yes. Corrie: Are you satisfied he could do it? Smith: As far as I can tell, I - Corrie: Kind of word this very carefully. Smith: I'm thinking that the Mayor knows something I don't so - Rountree: (Inaudible) performance issue- Corrie: I think Charlie's ahead of me too. Bird: If there's a question on him, have we got a bond on him? Gary? Smith: I don't now that there is a bond requirement on this - Bird: I mean that's a very small contract, 11d hate to have somebody have to go out and pay 015 or 020 for a bond that small but if there's a question on ( IvIERIDIAN CITY COuNCIL APRIL 21, 1998 PAGE 30 ( performance then I think we need to, if there's a chance of a bunch of change orders or anything like that if he hasn't got a complete bid but it looks like to me ifs got a complete bid for what you asked for. Smith: We were very specific about the bid requirements. We used the same requirements that were - with the exception of the sprinkler system which wasn't part of the original bid we used the same requirements that they bid the Administration Building under. Bird: Of course any time you get a deduct you get cost, when you get an additive you get profit and cost from any of those deducts I mean that's - you know people can say they're giving to you at cost but don't ever kid yourself they're not. In an industry you have to have markup and when you take something out all they give you back is their cost, they keep their profit and overhead in there because they've already spent some of it by the bidding of it so the change orders - but Gary if they - you said one was about fourteen something, one was fifteen, that's a pretty close bid. Smith: They were pretty close - right, as I recall the numbers. I wish I had them for you but I don't. Bird: No, that's fine. Smith: It wasn't a public bid, we just called around for three estimates to get some prices. Bird: That's fine. They were all licensed? Smith: Yas. Bird: I make a motion that we accept this agreement between Northwest Turf and Garden and the City of Meridian and for the Mayor to sign for $12,896.00 and for the Clerk to attest. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree, it's a tie there between Rountree and Bentley, that we accept the bid of $12,896.00 from Northwest Turf and Garden for the construction of landscaping at the Wastewater Treatment Plant, the Administration Building, the Mayor to sign and the Clerk to attesta Any further discussion? Hearing none. All those of the motion say aye. MOTION CARRIED: All aye. ( 1vIERIDIAN CITY COuNCIL APRIL 21, 1998 PAGE 31 ( Smith: 1111 watch that contract closely Mayor and make sure he follows through on everything to the letter. Corrie: Okay, thank you. Smith: Second item I have is we had a request from a developer to investigate the sewer ability of the hundred acres of property surrounding the park site at the northwest corner of Ustick and Meridian Road. The sewering of that project would be by gravity into what's called the no names trunk which flows to the west to Ten Mile Road and then south to the plant but right now that line doesn't exist and it's a pretty expensive line to build, it's approaching two million dollars according to the first run through that Brad did on a cost estimate for it so it's an expensive line. These guys want to propose to pump into the south slew sewer line as a temporary service and I told them that the Mayor and City Council has had a policy in the past that we don't pump from one drainage area into another drainage area however that's something that I guess they would approach the Council with and the Mayor, I don't know when this is going to happen but the first thing I told them was that we needed some information assuming that you would entertain that, we need some information as to what the impact would be on the south slew from this development so from a hydraulic standpoint Brad and I contacted JUS who has the computer program to analyze our sewer lines and they came back with a cost of $1600.00 estimated time and material to run the analysis for the south slew sewer and the affect that this development would have on it. We told the developer of this project, the proposed developer, that if they wanted to proceed on this basis that they would have to pay the bill to do this analysis and we have received today we received a letter from Larry Hansen, realtor, authorizing the City of Meridian to proceed with JUS Engineers to conduct that capacity analysis of the south slew and the Five Mile trunk line. JUS has sent us an engineering agreement for a time and material $1600.00 which would require the City of Meridian's signature and these guys have agreed to reimburse the costs of two $1600.00 and I might also say it's their intention to develop approximately 237 lots on 1 01 acres which would be consistent to Meridian's R-2 development criteria around the park. Bird: Gary can I ask you a question? The one out there that we're working with, Van Auker and them, does that dump into the south slew also? Smith: That dumps into the Five Mile but the south slew dumps into the Five Mile too so those two come together. The south slew dumps into the Five Mile trunk at Tully Park, there abouts the east side of Tully Park. Bird: So if we open up that one that should be included in this survey that's coming down, are these developers willing to help build a no name with some latecomer fees? ( ivIERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 32 ( Smith: I talked to them about a trunk line development fee as being a requirement for the development of their project and they agree with that, I didn't tell them what it was going to be because I don't know what it's going to be because I don't know what it's going to be. Now that we've got an initial run through on the cost of the line we can take the area and figure out how many dollars per acre is going to have to be raised to build that line. Bird: Weill question whether we can get a accurate count right now depending on which I want to bring up later on this other sewer deal that's going.to dump in I would like that to be taken in consideration when they do this survey because as far as I understand that one and the Mayor can correct me if I'm wrong but I thought that opened up 325 acres out there didn't it Mayor? Corrie: Yes it did. Bird: And I want to make sure we don't put too much on that sewer line there and if these people are willing to help us get started on the no name in which we know we need to get a couple sewer lines going out there north also Charlie and I and the Mayor met with Boise the other day on that 40-acre deal and I don't know what's going to come of that which would dump into that same sewer line as 1- Smith: Yes, yes it would. Bird: I think we need to take a little planning on that. I mean I'd like to see this deal done as tong as they're wanting to do it but maybe they're throwing $1600.00 down that they could - $1600.00 wouldn't give them much of a trunk line but it would start. Smith: It's a real crap shoot because you've got a - there's a lot of development that could take place out at Eagle and Overland Road for example once that line is extended under the interstate there's a lot of area out there that can develop, again that the Five Mile trunk. Bentley: Mrw Mayor, I'd tell you what I'd really like to see and I think we've got to get going on it soon, and that's to just sit down all the Council and Gary's department and sit down and take a look at what we can do to get started on these sewer lines, something like this can help get it paired and get it going and I think we got to take a look at this north end and get going on it. Bird: Itls being done, they're checking on it right now Mr. Bentley. Smith: We've started it but again it's a big cost item, it's a big ticket item and with the improvements at the Wastewater Plant that we're having to make it's going to be a burden if we take it on. ( :MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 33 Bentley: I mean looking to pair things up and you know we may have to dig up some to get it started but if we got somebody lined up like these folks to start tying in with latecomers along the way it might be the ticket because once we get it moved away from the sewer plant I think things wilt start happening and feeding along the way and once we get it started maybe it will snowball and take us to 'Nhere we want to get so we can get that second line going too. Smith: Well it's always been my attitude that Mayor and City Council dictate 'Nhere growth occurs in the City based on 'Nhere you want to build sewer lines. When development took place south of the interstate that's the decision that the Mayor and Council made was let's get it under the interstate 'Nhen we did the Ten Mile trunk to get the other side of Meridian Road that was again a decision that the Mayor and Council made, we want to see development take place over there so we want to move that way. Bentley: That's 'Nhat I'm saying I think we really need to sit down with a planning session devoted to this and take a look at it. Bird: I agree with you. Corrie: What do you want to do with this one now? Bird: Mr. Mayor, I'd make a motion that we let the developers pay to have JUS do the study. Bentley: Second. Corrie: Okay motion is made that we allow JUS and the developers to pay the $1600.00 for the capacity study. Further comments, discussion? Hearing none. All those in favor say aye. MOTION CARRIED: All ayes. Smith: The last item was just an informational item. J've sent two invoices to Brighton Corporation for $135,584.00, I have yet to receive a response of any kind and that's for the pressure line from the Ashord Greens lift station. It's a sizable investment by the City of Meridian granted for your information that this goes back a long ways and it was not a written agreement but it was an agreement. Crookston: We can send them a demand letter to make payment on it under the agreement. It doesn't matter, it's better if it's a written agreement but if it's not a written agreement a verbal agreement suffices. { \ 1\ffiRIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 34 Smith: There may be some correspondence to the effect that it was - who was going to do what at the time that the meetings were held on the golf course. Corrie: I suggest that we send a demand letter and I will- if you want to make it a motion - 1111 certainly accept it. Bird: I make a motion that we send a demand letter written by the Attorney signed by the Mayor to Brighton Corp. over the Ashford Green. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley that we send a demand letter written by the Attorney and signed by the Mayor for the amount of $135,584.00 plus change. Any further discussion? All in favor of the motion say aye. MOTION CARRIED: All aye. Smtih: Thatls alii have Mayor and Council unless you have any questions of me. Thank you. Bird: Gary, I do have one question. The parking lots, when are they going out for bid? Smith: I've got the letters back from the Highway District, they've been approved. live got the (end of tape) - bid documents back from the engineer and Bradls gone through them and he has a few comments and so probably next week weill get them out the door. Bird: Oh great, thank you Gary. Corrie: Wayne Crookston, Counselor? Bird: We've got Tom over there. Corrie: Oh 11m sorry, you slipped in on me Tom. Kuntz: live been busy working in my office. I just wanted to thank the Commission, Council and the Mayor for coming out to the March for Parks on Saturday, we received many positive comments about the food and the cooking and raised about $9,000.00 for playground equipment at Tully Park and they are starting up construction again at Tully Park, tomorrow they're going to start widening Linder Road there by the park, thatls alii really have. ( fvfERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 35 Bird: Tom, how long will it be for Tully Park? What is it two, two and a half month completion date? Kuntz: They're projecting two and a half months. Bird: Thank you. Corrie: Thank you Tom. Counselor? Crookston: Mr. Mayor and Council, I don't have anything to present at this time but I think that I will have in the executive session. Corrie: Okay, Mr. Bird? Bird: I've got a couple of things here. I don't know if you guys all received a letter from Bruce Stewart from the Water Department on the recommendation to change our turn on fee to $50.00, I don't have any problem with changing that I kind of question whether we need to stay open to 7:00 p~m. when we got a drop box out here. Corrie: I donlt think we do either. I think if we wanted to have that I think 6:00 is plenty of time if they want to spend time there I don't see any need for 7:00, I think your $50~OO I think it should be for I believe Mr. Bentley and I discussed this earlier this evening that for turn off fees and that's not for adding on - coming on line or anything else it's just a delinquent fee. Bird: Yeah, to turn back on as I understand this - Corrie: It will require a public hearing (inaudible) Bird: Okay, whatever you guys think we ought to do on it I'm willing to do. Another thing Mayor, I did talk to Ron Van Auker and Brad today I happened to be in their office and this was brought up, Ron has got the financing in place on that sewer extension, -- Corrie: He does have the figures on that? Bird: He has the figures and he has the financing in place and would be willing to put it in with a latecomers agreement which is no problem we just need to figure out a way to go across there. I think we need to do that, and this is strictly at your discretion Mayor but I think that if we don't get some positive response in a couple of weeks then we start whatever we have to do, is that in agreement with you? Corrie: Yes. / j :MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 36 Bird: I think that we've waited - I mean we've been doing this for four years, I think we've been very patient about it. While we're on this I would like to see the Mayor personally call our auditors with the backing of the Council and get our audits done within a month or I don't know what I can do but I'd like to see something done because here we haven't even started 1997, we'll be going into 1999 fiscal budgeting without even having our audits back for 1997. I don't know can you bring any pressure on them? What can we do? I think enough is enough. Corrie: Okay I'll make a phone call for you. Bird: Is that agreeable with you two? Bentley: Oh hell yes. Rountree: Actually I'd like you to make a visit. Bird: I would like you to make a visit too if you wouldn't mind. Corrie: I'd be happy to. Bird: And I'll go with you or Charlie will go with you or somebody will go with you if you want. Bentley: Take the Chief Bird: Take somebody. Wait a minute how big is the accountant, maybe I won't go. Corrie: (inaudible) I'll certainly do that too. Bird: Then you wanted (inaudible) on our Ada County Highway District maps? Corrie: You go ahead if you have it here but - go ahead. Bird: tlike the plan where we've got the two - Corrie: A or 8? Bird: I think it's the B plan. I think I'm done. Corrie: It looks like we're going to get split but that would give us more of the city in one district than as we grow it will go into the north part as well. ( :MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 37 ( Bird: Yes it would. Corrie: I don't think they're going to make much of a change out of those two, they've talked about doing it a little different but it's still going to end up that we're going to get split and we're going to have two Commissioners on this - Bird: That's good, at least we'll have two Commissioners from this end of the valley, hopefully. Bentley: Or we could end up with none. Bird: That's true. Corrie: So is it general consensus that you like alternate B right at this point? Bird: I do, that's mine. Rountree: I don't have a strong inkling at this point on those. My inclination is that the two zones in the city might have long term benefits for the city but I know there are some arguments to be made for the city boundaries to be a zone and have a dedicated vote, and that's something that I think we ought not to just let slide and not be explored to some degree presented to the County Commissioners for them to discuss it- Corrie: Talking to them, it won't be too long we will probably be a district all our own anyway. We're at 30 now, it will be very close - they look at it every year and right now we have - it was set up this way to have the close as they could to districts and not have neighborhoods tell them which way to go and everything else so they - I think B is probably the best that we have at the present time but I'm like you Charlie I think we should keep on top of it and they will have to do this yearly. Bird: It's going to be yearly Mayor? Corrie: Yes, because it will change, they'll look at it yearly, it may not change yearly. Rountree: It probably wouldn't change it - Corrie: It wouldn't change - right. Bird: I was going to say, yeah, however long. Rountree: A minimum would be every two years. (T- rvIERIDIAN CITY COUNCIL APRll., 21, 1998 PAGE 38 ( Corrie: But they would look at it annually. Bird: 1 like B because it looks like you know we could definitely get one for Meridian and possibly two from this area. Rountree: On that particular subject do you know if the County is going to schedule hearings and when they do want an official response from the City? Corrie: I made a 5th so at our next Council meeting we'll give them the official response, I'll probably be talking to the three commissioners within the next week or SO, are leaning toward alternate B here, I know that Gary Richardson is unhappy with this but that makes me all the more reason to go alternate B - Bird: Does that put him and Susan in the same district? Corrie: No it does not. Matter of fact this whole thing - he lives in the north - okay enough said. Bird: Mayor, I've got one more thing. 1 asked the Chief after the last meeting if he'd get me the bartender's ordinance for Caldwell, 1 will get a copy made up to you for all the Councilmen and the Mayor and look it over, I think it's something that we need to -I know it was repealed in 1996 but I think it's something -- we don't need this word for word but I think it's something we need to look over, we might not want to do it but it's something we might, I've talked to a couple of established bar owners, they were very receptive to it. I also want to thank the Chief for the fast response he got for me on this. Thank you. "II get a copy in your boxes. Corrie: Okay thank you. Mr. Bentley? Bentley: Yas, I have before me and 1 think everybody got a copy of the bill from Moffit-Thomas-Barrett Rock and Fields for the legal fees for the firefighters contract for fact finding, the total amount of the bill is $4,515.40, fifty percent of that is divided with the Union and in this case the Fire Department. They've sent the bill that's due and payable for $2,257.70 of which of that half of it $1,120.85 would be due and payable by the rural so I would move that we authorize the payment of $2,257.70 to pay our share of this bill and then have the City through the billing process bill half of that to the Rural Fire District. Bird: I'll second that Corrie: We have a motion made by Mr. Bentley to have the City draw a draft for the amount of $2,257.70 and to go back and charge the Rural the $1,028.25. Motion is made by Mr. Bentley and Mr. Bird second. Open for discussion, this is just for the cost of Mr. Bakes is that correct? (- MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 39 Crookston: That's correct. Corrie: We've still got Mr. - we've got our own - Crookston: That's correct. Corrie: Any further discussion? Crookston: To my knowtedge. Corrie: Hearing no further discussion. All those in favor of the motion say aye. MOTION CARRIED: All aye. Bentley: Next everybody's received the version of the contract along with the fact finder's wage proposals~ Originally we had voted on amending which was actually the amendment was on exhibit 1 which was incorrect, since we perceived exhibit 2 and I wanted to know if the Council was prepared to vote on this tonight? Bird: I am Corrie: This is for what now? Bird: Accepting or denying their contract. Bentley: Rejecting the proposed basic agreement plus the fact finder's recommendation for wage package. Bird: Mr. Mayor, you've go to buy the whole package, either buy it or deny it. Corrie: Okay, do I here that everybody would like to do that then tonight? Bird: I would like to do it. Corrie: I will accept the motion~ Bentley: I'll make a motion to accept the pros contract and the wage proposal. Corrie: I have a motion to ~ccept the wage contract and proposal, do I have a second? Dying from lack of a second the motion is denied. Any other motion? Bentley: Okay in that case I'll make a motion to deny the total package of the Union contract with the wage proposal. ( MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 40 Corrie: Motion is made for denial or rejecting the total package of the Union's contract, is there a second? Bird: I'll second that. Corrie: Motion is made and seconded that we reject the total package of the contract. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: 3 ayes, 1 absent Bentley: Now I'd like to have a little discussion. Does the Council wish to have the negotiating team return back and meet with the Union and go over what they feel needs changed? Bird: Mr. Mayor, I believe that we have to - I mean we're obligated to and I think that we have to go through the whole negotiation again get the things worked out, let's get it on so it doesn't take a - we aren't here a year from now sitting down still negotiating. Corrie: Mr. Bentley do you agree? Bentley: Oh I definitely agree but the question I would like to ask and without sitting here trying to make changes and everything is the problem with the pay package, the problem with the whole package or the problem with the exhibit two basic agreement? So we have some guidance as to where we need to start. Bird: Glenn my view on that is I have no problem with the way it's packaged. The wording has got to be changed, I can't buy it. Rountree: For the record I have some minor difficulties with the wage package but nothing substantial, I think the fact finding resulted in a genuinely close to acceptable proposal. To me, my biggest concern is the language that was presented to us in the narrative contract and it's articles. Bentley: I do not know what the Rural is doing, we'll have to get in touch with them and Skip, as soon as I know what they want I'll get in touch with you and we'll see if we can't get back together and try to get this thing smoothed out so itts palatable for both sides. Thank you. Corrie: Okay just for the record I agree with the two councilmen and the verbage part needs to be massaged (inaudible). The fact finding's and their wage package, I'm like Charlie I have a little bit but not enough to cause me any problems with that so - ( 1\ffiRIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 41 Bentley: -- And I too don't have a problem with the wages 80- Corrie: - if you want to take that back to the (inaudible) Bentley: Okay, next I'm going to bring up an old subject. Chief do we have the- or do you have, I don't have any, I never have any money - do you have the money saved aside to try and put together these other two officers under the grant? Gordon: Yes sir I do. Bentley: Okay, now is that including the remainder that was left out of the original money that we deposited out of the grant? Gordon: If we include that yes. Bentley: We had this discussion before, I'm going to offer a motion we discussed the fact that if we could get the money saved up out of there so we wouldn't have to pull it out of funds that we could possibly put these together, as I stated before if we lose this grant this year we will not be able to reapply for three years and I think it's pretty important to keep this going so with that I would like to offer - Charlie do you have a question? Rountree: This year in terms of our fiscal year or calendar year or federal fiscal year or what's the drop dead date on it? Bentley: Chief? Gordon: As you're aware our fiscal year runs October to September, the federal government's fiscal year runs January to December so we would have the 25% for the remainder of our fiscal year and up into December which would be in our next fiscal year budget so we'd have 25% responsibility for the pay and benefits on those two officers so we're crossing over on the budgets but that's -I have the money in my budget right now for the next six months of our fiscal budget. Rountree: I guess my question is when's the last date we can entertain this? Gordon: lid say December. Bird: Chief, how many new employees have you put on the Police Department this year and how many was budgeted for last year? Gordon: Four, I requested eight, we cut it to four and I've put those four on. ( MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 42 Bird: Now I'm including the five that you hired for the dispatch center. Gordon: Well that would make it nine. Bird: Have we lost any officers? Gordon: No sir, we have not. Bird: So the Police Department has had nine new employees this year since October 1 st? Gordon: Yes sir. Bird: And our average is 1.3 officers per thousand that's based on 30,OOO? Gordon: It's based on 34,000. Bird: Mr. Musser stated it was 30,000 1.3. Gordon: Okay, but it is 1.3 per thousand but now that is certified officers that doesn't include dispatchers and records clerks. Bird: That's fine but the support people you still you need and the certified officers is the 1.3 per thousand? Gordon: Yes sir. Bird: That's alii have Mayor~ Corrie: Idaho average is 1.6 or 1.7 per thousand and the U.S. average is 1.6 per thousand. Bird: Of course if you go back to what we probably are twenty-four to twenty-five thousand we'd be closer. Gordon: If that's what we were at yeah~ Bird: I think we are. Bentley: And we've got to remember we've got four more liquor licenses coming on. Bird: Well yeah I know but we also Glenn has got to remember that we're not a Boise, we're not the average big community. I for one don't go on averages for anything I look at the community~ Chief Gordon's done a great job, his officer's ( MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 43 (~ have done a great job and I thank them for that but I don't think - I don't worry about the national average as long as we're getting our job done and I believe our officers and Chief Gordon are getting our job done. Bentley: As soon as Chief gets more copies of these we'll let you have a copy of the statistics, he just got them put together. Bird: Does that include- Bentley: I don't know I've just got it, I haven't had a chance to look at it yet but he's got some more copies coming so if you could - anyway, I'm going to make a motion at this time that we go ahead and add the two other grant officers at this time. Corrie: Okay then motion is made by Mr. Bentley that we add the two officers at this time, any second? Motion's denied for lack of second. I have a question, so far it's $9,000.00 we're holding up here for? Gordon: There was $9,000.00 left out of last year's federal payment and I think our expenditure or our cost for 25% of two officers was $191000.00, that was for a full year of wages, we're down to six - Bird: -- But that's the first year only and then it goes up. Gordon: -- that's the first year only, last January to December then it goes 50/50 for the next year and then 25/75 would be our expenses and then after the third year it's a 100%, theylre ours. Thank you for the accolades, I'll pass it on to the troops. Bird: Hey no problem and until some of the other things are solved here 11m not for this and itls nothing against anybody but we've got some areas that we've got to work out and untit I get the audits I don't have much money. Gordon: We wonlt ever get another shot at officers this cheap is what I was looking at to get in and get our foot in the door. This actual program which is the Federal Cops Program ends this is the last offering, it won't be offered again. We have two officers already from last year on that grant program and that will expire next year so they might come out with another program later I don't know but right now this is the last one that they're offering so - Corrie: So we still have till December so we can still come in on the next year's October budget - Gordon: Yes sir, we'd have three months at 250~ and then the remainder of that budget year would be at 50%. ( I\ffiRIDIAN CITY COUNCa APRIL 21, 1998 PAGE 44 Bird: By October 1 st we'll know where we're sitting. Gordon: Thanks gentlemen. Bentley: Next, the wonderful world of audits. Mrw Mayor do you have some names of some new audit firms that we could get started on reviewing maybe the drafts and get started on doing the preliminary work on 1998's? Corrie: I was afraid you'd ask me that because I didn't bring them with me. Bird: What about 1997's? Corrie: Yeah I had two, there's one local and one out of Boise and I'm sorry I don't have it here, it's Greg and - out of Boise, Greg Roland and I forget the name of it and there's one here in Boise and I believe Keith mentioned to me that he had one - Bird: Yaah, I've got a couple of firms that - I don't know \^/hich one David Hammons belongs to but they do municipalities and also Stanton and Winkle and them guys I'm sure would take a look at us, Mayor you could go hire one any time for me just start in 1997. Rountree: The sooner the better. Bentley: My point is \^/hat do we need to do to start it, do we need to make a motion that you pick one and run or do we need to have you and a councilman get together and pick one and run or \^/hat do we need to do? Corrie: It's up to the Council, it's a money issue and a budget, that's the Council's responsibility, if you would like for me to get with anyone of you or we can just have you guys pick one out, I'm sorry I don't have that name lid give it to you tomorrow morning and I'll put Keith's name with it and you decide \^/hich one and we'll go for it. Bird: Well Mayor I think we have to by law bring a couple of them in here and give them a presentation and get a bid. I want a bid, I want them to say hey, it's going to cost you this for the year fine, you buy it for that, I don't want some firm that says it's going to cost you this and then there's this extra and this extra. Corrie: It's entirely up to you. Rountree: I have a question. What's an annual audit costing? Corrie: About $4,000.00. ( J\1ERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 45 Bentley: I can't buy that this one's going to be $4,000.00. Corrie: This one is already paid for. It's $4,000.00. Rountree: The one's we're undergoing right now. Bird: They're $4,000.00 a year? Corrie: No, I think there's three and four, I think it totals about six if I'm not mistaken. I don't have that total - Bird: I see why they're taking their time, they can make more doing privates. Rountree: I guess the level of cost doesn't get me too excited about a bid - Bentley: Me either~ Rountree: I'd make a motion that we authorize the Mayor to enter into an agreement and the Clerk to attest to get fiscal year 1997 audits under way. Bird: I'll second that. Corrie: Motion is made by Mr. Rountree second by Mr. Bird that the Mayor is to start appoint and the City Clerk to attest that the 1997 budget to be done. Any further discussion? Berg: If we go into an agreement that Council's going to have to approve that agreement according to the firm and to the monies so even though it's kind of a blanket motion of your nature you still have this brought back to you for your approval. Bird: I'm sure you and the Mayor would want that. Bentley: What I'd like to see is if you can get them picked and get the proposal back and maybe have it for us at the next meeting if that's possible. Bird: Mr. Mayor I would also like at the same time with this accounting firm if it's a good accounting firm which I'm sure it will be, I would like to see us look into getting a program for our Treasurer, having them come in here, I know there's software that you can get from Pocatello and everything else that sets up our books and gives our Treasurer some help. There's no reason as big as we're getting that we don't have some good software to where we're not antiquated, not back in the 1980's at 5,000 people trying to work with the same system and I ( :MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 46 think we need an accounting firm that knows municipalities to come in here and set us up a program and I'd be willing to budget some money for that. Corrie: Okay, any further discussion on the motion? Rountree: I don't disagree with that, I didn't take it as a motion but - Corrie: We've still got a motion on the floor. Bird: That was just discussion. Rountree: Per Keith's point I would entertain something from the Treasurer in terms of a scope of work or some type of contract that would identify system needs in order to accommodate the City's needs relative to our new fiscal policy system improvements that are beyond the capabilities of any of the programming folks or non-programming folks that we have in city staff. Corrie: I don't think we have any. Rountree: No, it's a weakness so I think that's a good idea but I would like to see that brought to us by the Treasurer. Bird: Okay that's fine but what I was discussing on it Charlie was that I want the Mayor to when he selects this accounting firm to get somebody that would possibly be able to do that, come in and help us - has the ability to set up a program or do something for us. Rountree: Fluent in municipal accounting. Corrie: Any further discussion? All those in favor of the original motion, picking the auditor and bringing it back to you for the approval say aye. MOTION CARRIED: All aye. Corrie: I have -I'll talk to you about these other two about setting (inaudible) system needs and have the Treasurer bring those presentations to you. Bird: You bet. Bentley: I be done. Rountree: Planning session next week the 28th, is that acceptable? Bird: You bet. ( :rv1ERIDIAN CITY COlJNCIL APRIL 21, 1998 PAGE 47 Bentley: I'll talk to you later. Rountree: Okay we'll tentatively schedule one for the 28th as I discussed before I think that is something we need to pull together a mid-year budget correction, I know we have departments that are renting space that didn't budget monies to pay for space, we have police cars that are purchased and monies were maybe by form transferred around but we need to get some of these issues resolved, we need to get some budgets squared away and I think we're just past mid-year we need to identify them and do whatever action is appropriate from the Council to do those adjustments. That's what I would propose we address at the next planning session getting a handle on that and then our next meeting we could take formal action so I would request that the Councilmen work with their respective departments, the Mayor work with the remainder of the departments in the City so we can in an orderly fashion go through these budgets, maybe the departments that do have these things would pre-expose this information on the form that we requested a month or two ago be prepared and that could be before that Council and we could understand why these changes, come to some general agreement that we would then hear these changes at our next regularly scheduled meeting. Bentley: I have a question, we discussed this while you were gone and Will brought up something that he was supposed to research and that was the fact of whether or not we could do more than one budget adjustment, we may be limited to one, did you check on that Will? Berg: We talked about amending the budget and a couple of people that I talked to with their experience still think that there's only one time you can amend our budget. Line item adjustments can be done - Bentley: -- But some of the line item adjustments that we need to do involve transferring funds out of the general fund to themw Rountree: It's still a line item adjustment. Bentley: Is that? Bird: That isn't a line item. Berg: If you're transferring more money in and you're transferring more money out of the total department budget then that's an amendment that you've got to make at the end of the year. Corrie: You can adjust the budget in the department. ( 1vIERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 48 Bentley: Right and I understand that but see 'Nhat we need to do in some of these instances like the police cars has to come out of the general fund 'Nhich wasn't budgeted so that's at the end of the year but 'Nhat we can do is we can get the line items, we can identify them and have a stack ready to go so we're not scrambling at the last minute to do it so we could plan it out. Rountree: The adjustment is such that we identify what needs to be shifted in this one time amendment if there's things within a budget that can be line item moved around we'll do that but we need to identify now hopefully we have a handle on those things that have been changed, committed to, 'Nho's got excesses, 'Nhere those excesses are going to go to pay for something else, we might even some information on an audit to help us out. Corrie: 'hope so. Rountree: So anyway I think we need to spend some serious time thinking about that to relieve some of the pain and frustration some of the department heads are going through with the money situation so everybody's on the straight and narrow on that deal, anyway that's 'Nhat I'm proposing for the planning session. I have one item, Generation's Plaza to get done 'Nhatever you want to call it, committee has met again it looks like some time in the next three to four weeks we may have a proposal put together and I want to thank Gary and Brad particularly for taking the time, working with that group, pulling together some of this stuff, I know it's been very difficult and time consuming and frustrating to him as well as the rest of the group trying to get information put together. It appears that we've go the information, he was going to take that information and put together a proposal, anyway that group is moving forward, another charge of that group was to look at putting together a trust group for Meridian, they're still working on that working out the details there. There are apparently are some folks that do want to donate to Generation's Plaza and I believe we talked about this two months ago or a month and a half ago that they will donate to anything other than a trust and Meridian Historic Trust has indicated that they would be willing to work with the City to be the recipient of those donations for Generation's Plaza however they need an official request from the City of Meridian and having said that I would move that the City of Meridian under signature of the Mayor and motioned by the Council request the Meridian Historic Trust work with the City as a recipient of donations for Generation's Plaza and that message would be sent through Terry Smith, SecretarylTreasurer for Meridian Historic Trust. Bird: Second it. Corrie: Motion made by Mr. Rountree second by Mr. Bird, you heard the motion I won't try to repeat it I think we got it, Charlie did a good job. Any further discussion? Hearing none. All those in favor of the motion say aye. ( MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 49 MOTION CARRIED: All aye. Rountree: Would you see that that gets going real soon because we've got some Corrie: I'll see that it's started next week, I'll get with Terry tomorrow~ Rountree: That's alii have Mr. Mayor. Corrie: Okay do you have anything Will? I don't have anything at this point. I'll entertain a motion that we go into executive session. Bentley: So Move. Bird: Second. Corrie: Motion made and seconded that we go into executive session. All in favor say aye. MOTION CARRIED: All aye. EXECUTIVE SESSION Corrie: Okay, we've come out of executive session in discussion of the Cushman case, I will entertain a motion that we have the attorney file a motion for reconsideration with Judge Bailon her decision on the Cushman case and if necessary file an appeal that the motion is reconsideration is deniala Rountree: So moved. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird on the motion. All those in favor say ayea MOTION CARRIED: All aye. Bentley: Motion to adjourn. Bird: Seconda Corrie: Motion to adjourn and second. All those in favor say aye. MOTION CARRIED: All aye. f MERIDIAN CITY CO-UNCIL APRIL 21, 1998 PAGE 50 ( \ MEETING ADJOURNED AT 10:54 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: WILLIAM G. BERG, JR., CITY CLERK MERIDIAN CITY COUNCIL AGENDA TUESDAY, APRIL 21, 1998 - 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: RON ANDERSON !( CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD ,X MAYOR ROBERT CORRIE MINUTES OF PREVIOUS MEETING HELD APRIL 7, 1998: AWARDS BY MAYOR ROBERT D. CORRIE: <;el-rj 6Yn1r4....- t/ /'lddc~b IJZClC[~J 1. TABLED MARCH 17, 1998: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT NORTHWEST OF CHERRY LANE VILLAGE NO. 1 BY STEINER CORPORATION: -ral0' ~ /1u~ 54 ft't(J ~ TABLED MARCH 17, 1998: PRELIMINARY PLAT, 48 LOTS FOR THE VILLAS AT THE LAKES SUBDIVISION BY STEINER CORPORATION: #bee. ~ Z /?vzY' S-1=- /J~ TABLED APRIL 7,1998: INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: -taUe ~ /htlC; f?~~ . TABLED APRIL 7, 1998: FINAL PLAT FOR STERLING CREEK ~ELVIRA) SUBDIVISION (49 LOTS) BY RON CROW - EAST OF EAST ST STREET AND NORTH OF EAST CARLTON PART OF NE ~ & NW Y4SECTION 7 T.3N., R1 E.: all flr 0 V' .t:. TABLED APRIL 7, 1998: REQUEST FOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK - 3175 N. TEN MILE ROAD: . -Ia~ ~l /na:; 5/!L J'W~ FINDINGS OF FACTS AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT TO CONSTRUCT A 13,2S0 SQUARE FOOT HIGH TECH MACHINE SHOP BY NICK BRACKUS - MEDIMONT SUBDIVISION SOUTH OF FRANKLIN AND WEST OF LOCUST GROVE - NW Y4 NW % SECTION 18, T.3N., R.1E.: tijJ/Yrov-€, ./I~ { elt. ,~pyO(,/.e ~ t( P PUBLIC HEARING: REQUEST FOR A VACATION OF LOT LINE IN BLOCK 12, BETWEEN LOTS 15 & 16 (424 E. TOBAGO COURT) IN MERIDIAN GREENS #3 SUBDIVISION BY GEORGE A. & MAUREEN L. HOWE: ~rov~ OR.DINANCE #785: REPEALING CHAPTERS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN: t2f?po v ~ 2. 3. 4. 5. 6. 7. 8.. ( 9. RAVEN HILL SUBDIVIS'ION PHASE 2 - AMEND DEVELOPMENT AG~EEMENT: -Ia./;te ~t.X /Zut-;j 5(J: /'h~. 10. STREETLIGHT AGREEMENT: ,ASHFORD GREENS SUBDIVISION NO.2: ~prf7(/L 11. DEPARTMENT REPORTS: 12. EXECUTIVE SESSION: NAME 0e.Df:!c.e j- 1i(ItOfZ~T--1 .f-~(P->rf ~.~~ r1 LS-v ... It/f~ c;jV~ M~y t ' ~ -.a..a. ... ".... ll'.I.~~.lftl.,. CEIVED PUBr"c MEETING SIGN-UI ,BEET RE . c/It; d&t01ed Io/ahkj APR 21 1998 / CITY OF MERIDIAN PHONE NlTMBER ~ls"g- :z 3 ~~- 9S.5 · 'tJcl / 88 7--rb I( J !-r -~ _&I~_~ ~ ~_ ~ ~_ I - ~ / I ~ __r ~ ~ J r -+ I . ~'_ j . ~ ~ ~ :; f i" - ( , ~ d . " ''- .' ~. ;.c . - ,:~: >. _ . ( .. Tl:>c J Westpark Company, Inc... , .Real Est(Jte D.~~lopmerit- , . P.o. .Box 344, Meridian,' fO 83642 .(208)3~8 888~9946 14 April 1998 . Ms. Shari ,Stiles Planning and Zo~g Administrator, City of Meridian 200 E. Carlton, Suite 201 Meridian, ill 83642 Re: Prapo.sed Residential Development in the Vicinity of the East Side ofS. ~gle Road Between Lake Hazel Road and Columbia Road. - .' '. Dear Ms. Stiles, . _ -~ _ .~ ;1 : . . . We are prop~sing the development of 80 acres overlooking the Boise Raitch Golf Course into ~ acre view lots for hou~es in the $150,000 to $250,000 price range. We are proposing a central sewer system that would utilize a.central septic drain field under soccer fields until City of MeridiaiI sewers are extended to the area. , Central water wouid be provided by two wells and a community water system and would be connected to the" ci'o/ water system as it is .expanded into this area. +'~. , f " i - '. . r -. . We have dis~~sed the development with Jeffrey L. Patlovick, Ada County Director of Planning and Zoning. He likes the proposed development and felt it very compatible with d~velopment ' being estab~shed <?n the adjoining property to the east in Boise City's impact area. He has stated that we need to approach the C~ of Meridian and if you agree as a city that this is what you would like to see ~eveloped here"as opposed to a non-farm. deyelopment, whic~ would be allowed. by Cl:lrrent zoning in the County, ~en the City ofMe~dian needs to request that the area east of " , S. Eagle Road and south of the current Impact Area ~o Columbia Road be included in Meridian's Impact Area.. He stated that based on what is bemg proposed in Boise City's Impact Area " adjoining to the east; the County would now be in support of that change in light of an actual . proj~ beiOg proposed in that area which would eventually u~ilize city water and sewer services. \ We would like a meeting with yourself and Gary .Smith to discuss this project and make the . "- request to City Council to request-the expansion of this portion of the impact area So that we can . ~bmit to the City ofMeridi~ ~d the county for proper zoning and platting and proceed with - - --.---. --~-.- - this project. We are available to meet Wednesday or Thursday, April 15th or 16th~ Please call me -- - at 888-9946 for a time. ' '. 1 ( ORDINANCE NO. 785 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 1, CHAPTER 10, TITLE 3, CHAPTER 3, TITLE 3, CHAPTER 6, TITLE 3, CHAPTER 8, TITLE 3, CHAPTER 11, TITLE 7, CHAPTER 1, TITLE 7, CHAPTER 2, TITLE 8, CHAPTER 3, TITLE 8, CHAPTER 4, TITLE 8, CHAPTER 6, TITLE 8, CHAPTER 11, TITLE 8, CHAPTER 13, TITLE 8, CHAPTER 14, TITLE 9, CHAPTER 1, AND TITLE 9, CHAPTER 6, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of said City to repeal Title 1, Chapter 10, Title 3, Chapter 3, Title 3, Chapter 6, Title 3, Chapter 8, Title 3, Chapter 11, Title 7, Chapter 1, Title 7, Chapter 2, Title 8, Chapter 3, Title 8, Chapter 4, Title 8, Chapter 6, Title 8, Chapter 11, Title 8, Chapter 13, Title 8, Chapter 14, Title 9, Chapter 1, and Title 9, Chapter 6; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title 1, Chapter 10, Title 3, Chapter 3, Title 3, Chapter 6, Title 3, Chapter 8, Title 3, Chapter 11, Title 7, Chapter 1, Title 7, Chapter 2, Title 8, Chapter 3, Title 8, Chapter 4, Title 8, Chapter 6, Title 8, Chapter 11, Title 8, Chapter 13, Title 8, Chapter 14, Title 9, Chapter 1, and Title 9, Chapter 6, of the Revised and Compiled Ordinances of the City of Meridian are hereby repealed. REPEALING MANY CHAPTERS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN 1 (-" ( SECTION 2: EFFECTIVE DATE: This ordinance shall become effective immediately upon passage and publication by the Ci ty Council of the City of Meridian and shall apply to all present and future Adult Entertainment Businesses. PASSED AND APPROVED this 21st day of April, 1998. ATTEST: y~~~~ WILLIAM G. BERG, JR. C Y CLERK 4-17-98 - Final REPEALING MANY CHAPTERS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN 2 ( ( RFf6'~r\tD APR 2 .1 1998 CI~~RIDIAN in t~ Idaho (hereinafter called (hereinafter called STANDARD FORM OF AGREEMENT BElWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of year 1998 by and between City of Meridian, Ada County, OWNER) and NORTHWEST TURF and GARDEN CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. . The WORK is generally described as follows: Construction of landscaping (trees, shrubs, sod), manual sprinkler system and related work. The Project for which the Work under the Contract Documents is described as follows: Wastewater Treatment Plant Administration Building Landscape Project. Article 2. ENGINEER The Project has been designed by the City of Meridian Public Works Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. The Work. will be completed within THIRTY (30) days from the date when the Contract Time commences to run. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in current funds as follows: in accordance with Exhibit "AU. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit an Application for Payment upon completion of the Work. Applications for Payment will be processed by ENGINEER. Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, ( on or about the 25th day of each month during construction for Applications submitted to the Engineer prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in paragraph 4.1 and in the case of Unit Price Work, based on the number of units completed. The OWNER may retain up to 50/0 of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Article 6. INTEREST. All moneys not paid when due shall bear interest at 1201'<> per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7. 1. CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all drawings of physical conditions. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar infonnation or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR conceming the Work consist of the following: 8. 1 This Agreement. 8.2 Exhibits to this Agreement 8.9 Technical Specifications. 8.10 Drawings. 8.15 CONTRACTOR's Bid. ( 8.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.18 The documents listed in paragraph 8.2. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9. MISCELLANEOUS. 9.1. No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ' 9.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto) its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on ~'7 -/,> ,19 y'3;/. Owner CITY OF MERIDIAN Name: Contractor Northwest Turf and Garden ~ ~c:----- 6C:;-------;; ;av:,~ ~~~~ Name: (;?>> r~ c/ ;::'o~,-5 , By: ( EXHIBIT "AU WWTP Administration Building Landscape Project Date: 4/20/98 1 2 3 4 5 6 7 8 9 10 11 12 Item Trees Globe Arbor Vitae Asst. Shrubs Fabric Gravel/Rock Concrete Curbing (110 If) Sod (3300 sf) Sprinkler System Compost Fine Grading Shrubs (5 gal) Shrubs (1 gal) Quantity Unit 10 LS 65 EA 58 EA 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 49 EA 52 EA Unit Price $298.50 $22.50 $7.50 $1,206.00 $860.00 $300.00 $924.00 $2,100.00 $756.00 $375.00 $22.50 $7.50 Total Price $2,985.00 $1,462.50 $435.00 $1,206.00 $860.00 $300.00 $924.00 $2,100.00 $756.00 $375.00 $1,102.50 $390.00 TOTAL: $12,896.00 ( (-- Moffatt, Thomas, Barr',-_l, Rock & Fields ( US Bank Plaza Building 101 S Capitol Blvd 10th Floor P.O. BOX 829 BOISE, IDAHO 83701-0829 Statement of Account IECBVED APR 1 0 1998 CJfY Of. MBtjDIAN EIN 82-0299374 (208) 345-2000 Mr. Wayne G. Crookston Meridian City Attorney 11 West Bower Meridian, ID 8364~ April 9, 1998 Invoice 82161 Re: City of Meridian/Meridian Rural Fire District vs. International Association of Fire Fighters Local 2311 MTBR&F File: 17170.0003 PROFESSIONAL SERVICES AND EXPENSES ADVANCED THROUGH APRIL 3, 1998 Fees for Legal Service...........$ Total Reimbursable Costs.........$ 4515.00 0.40 TOTAL AMOUNT DUE THIS INVOICE....$ 4515.40 Amount Due From Res~ective Client: {O ptl}q~ DVl A/1J/ orPVc [t fiVV ~. ~ ltV) J- il?; fV. V d '}; XO Mr. Alan C. Herzfeld........... ....... .$2,257.70 Mr. Wayne G. C:r:-ooks ton. . . . . . . . . . . . . . . . . $ 2 I 257 . 70 REB/b Hearing Officer FILE NUMBER: 17170.0003 INVOICE NO.: 82161 Apr 9, 1( PROFESSIONAL SERVICES 11/05/97 REB Reviewing appointment from Department of Laborj reviewing Chapter 18, Title 44, Idaho Codej drafting letter to the parties regarding procedure for the fact-finding hearingj 11/20/97 REB Review counsel's letterj letter to parties regarding hearing datej 12/01/97 REB Review correspondence from attorneysj 12/05/97 REB Two conferences regarding setting a hearing date; letter to parties; 12/09/97 REB Conference with counsel regarding hearing setting and discovery request for financial information; 12/22/97 REB Review letter from Wayne Crookstonj draft letter to John Fitzgerald; conference with counsel 01/05/98 REB Three conferences with parties regarding the hearing datej letter from John Fitzgerald; 01/06/98 REB Conference with counsel regarding the hearing date and proceeding as the result of John Fitzgerald's letterj letter to hearing officers and the attorneysj 01/07/98 REB Letter & conference regarding scheduling; 01/29/98 REB Three conferences and draft letter regarding rescheduling the hearing; 01/30/98 REB Three conferences and draft. correspondence regarding changing the hearing datej 03/31/98 REB Conference call with attorneys regarding scheduling; stipulation of exhibits, and proceduresj conference with hearing officer; review file for issuesj 04/02/98 REB Review the documents submitted by the parties: 04/02/98 REB Conduct fact-finding hearing; .04/03/98 REB Conduct fact-finding hearingj review evidence and make a decision; J 1.50 1.60 9.50 8.50 PAGE .50 .40 .20 .50 .30 .50 .40 .60 .30 .50 .50 2 Hearing Officer FILE NUMBER: 17170.0003 INVOICE NO.: 82161 Robert E. Bakes REIMBURSABLE COSTS Photocopies REB/b BILLING SUIvIMARY RATE/HR 175.00 TOTALS Fees for Legal Service...........$ Total Reimbursable Costs....... ,. . $ TOTAL AMOUNT DUE THIS INVOICE....$ Apr 9, 1( J HOURS 25.80 25.80 PAGE DOLLARS 4515.00 4515.00 4515.00 0.40 0.40 4515.40 3 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION NI CK BRACKUS CONDITIONAL USE PERMIT TO CONSTRUCT A 13,250 SQUARE FOOT HIGH TECH MACHINE SHOP NORTHWEST ~ NORTHWEST ~ SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on March 10, 1998, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Ray Robnett, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on March 10, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 10, 1998 hearing; that the public was given full opportuni ty to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian at FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 1 ( ( the Northwest quarter of the Northwest quarter of Section 18! Township 3 North! Range 1 East, Medimont Subdivision! which is south of Franklin Road and north of Locust Grove. The property is described in the application for a conditional use permit! which description is incorporated herein as if set forth in full. The Applicant is acquiring ownership of record for the property. 3 . Pursuant to the application! the property is presently zoned as I-L, Light Industrial. The proposed use of the property is to construct a 13,250 square foot high tech machine shop. The Applicant presented a site plan depicting the location of the proposed use. Pursuant to the application, the Applicant agrees to pay any addi tional sewer, water or trash fees or charges, associated with the use, whether that use be residential! commercial or industrial. 4. Ray Robnett, representative for the Applicant, testified substantially as follows at the public hearing. The proposal is to construct a warehouse in a newly developed subdivision. Mr. Robnett presented pictures of the laser machines and parts of x-ray machines. He noted that the operation will be a prototype machine shop. Mr. Robnett emphasized that it would not be an automotive machine shop or anything like that". He noted that the operation will be computerized. Most of the machines will be run by computers from a central computer station. He noted that some of the issues were with traffic and noise. Mr Robnett stated that night deliveries in a quasi residential commercial area will not be FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 2 (~ ( acceptable. There will be no truck terminals, nor any loading docks. He noted that a trash enclosure was not shown on the plans , but one could be built, if necessary. All the materials used, for machining will be recyclable, and everything will be kept inside. There will be a small truck to take products to United Parcel. United Parcel will also be used to pick up items. Mr. Robnett noted that he has known Nick and Betty Brackus for about ten years, and their type of operation. He noted that all they build are small commercial buildings, which he believes tend to be one of the more compatible machine shops or small businesses for an area. Commissioner MacCoy noted that he was familiar with some of the machinery, and that the pictures were helpful. Commissioner MacCoy inquired about the solution used for lubrication, if it was a soapy solution, or something else. He continued by stating, "What do you do with your waste fluids?" Mr. Robnett responded that he had heard talk about the lubricants which are in the machines, and that there are no oil cans. He continued by stating, "Most of these machines as you can see, the doors close, once the mechanism starts and they do have an oiling solution, but I don't know." Commissioner MacCoy wanted to know if it was recyclable or self contained. Mr. Robnett stated, "Oh yeah. There's no laze where oil gets on the floor or kind of - there's no floor drains or anything." Mr. Robnett continued his testimony by explaining the floors will be done with epoxy, and they will be a light gray FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 3 epoXYi that the environment will be kept like a hospital inside, and that it will be more like a Hewlett Packard or a Micron operation. Commissioner MacCoy inquired about the building construction, specifically what type of materials will be used. Mr. Robnett stated they will be using block construction, an 8816 block. He further apologized for not having a more descriptive front elevation and side elevation, but that would be provided. The office area will be a split face block on the main, the part that would be the two story, and a fluted block will be used to create a nice looking design. He noted that some hips on the roof will help soften the effect. Mr. Robnett presented pictures of other buildings to show similarity. He noted that at the next hearing he will present a better elevation. Commissioner MacCoy inquired whether the exterior will be left in a natural color like gray block, or if it will be painted. Mr. Robnett responded that it will be left as the gray block. He then proceeded to state, UIf we paint it, it will be as close to the color of the block as we can get except for accent colors and some striping on the building." Commissioner MacCoy inquired about the roofing, to which Mr. Robnett responded that an architectural shingle would be used and it would be a pitched roof. Commissioner MacCoy inquired as to the color, and Mr. Robnett thought it would be in the gray tones, and he will provide a full color board on it. Commissioner MacCoy inquired about the fire protection. He FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 4 (' wanted to know if it was internal and if they are going to have sprinklers throughout or what was required. Mr. Robnett responded that they had not discussed that area in depth with the fire department, but it will be done. Commissioner MacCoy's concern was over the flammable material inside. Mr. Robnett stated, "Yeah, there just isn't any. The oils are not flammable. They are water soluble. They have I've looked in there. They have a small locker cabinet that's probably a 4 x 8 that they do keep any kind of solvent or something for cleaning up. But they just don't have any. There are no explosive issues at all." Commissioner MacCoy, upon reviewing the material, inquired if they had any magnesium and things of that nature. Mr. Robnett responded there were none, and that the main materials will be plastic, aluminum, and brass. He also noted that the anodizing is sent out. The noisiest piece of equipment will be the air compressors. A special room is to be built for them and they are just a regular air compressor. He noted that it would be a quiet environment to work in. Mr. Robnett continued by informing the Commissioners that you couldn't hear the operation standing outside the building in the parking lot. Commissioner MacCoy continued with the question, "What about handicapped parking?" Mr. Robnett state? they would meet all the ADA standards, and they were well aware of them. Mr. Robnett noted the type of sign would be a monument type FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 5 of sign about three foot high. He further stated, "It's advanced precision machine." They would mount it to the building, and it would help identify the business. Commissioner MacCoy was not concerned about the sign, as it will be going before the sign committee, so there shouldn't be a problem. He did raise the question, "What about the lighting for the outside part of the building?" Mr. Robnett replied that its been talked about a little. The front of the building will be lit and the parking area will be to some degree. He noted that there is residential to the east so there is a concern that it doesn't over power them with lighting. He noted that everything is inside the building so the lighting is for the parking lot area for people working there. Mr. Robnett proceeded further to address the issue on the lighting, and that it would probably be mounted to the building with a direct light shining down. He noted that it will be more effective for the parking areas and for lighting up the building area. Commissioner Borup had a few questions concerning the lubricant stuff and he wanted clarification that there will not be any chemicals used. Mr. Robnett responded, "No, sir." Commmissioner Borup wanted it clear what was meant by chemicals, and that they were not meaning cleaning solutions and stuff like that. Mr. Robnett responded that it was not hazardous waste. Commissioner Borup inquired about the hours of operation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 6 ( (U Mr. Robnett explained it would run like a swing shift, but he didn't have the exact hours. He was not sure if it was in the peak production times or all the time. It would not run for 24 hours, but if they did no one could tell, except for people corning and going. Commissioner Smith was disappointed in the content of the elevations. Mr. Robnett stated, ~And I apologize for that when I first got up." Commissioner Smith wanted to know what the over all height of the building was going to be. Mr. Robnett replied that at the eve height it would be sixteen feet. Commissioner Smith continued by asking if it was in the center portion of the building. Mr. Robnett explained that the center section of the building is seventeen four to the eve height. Commissioner Smith then questioned the ridge beyond that area. Mr. Robnett replied that it was beyond that. Commissioner Smith wanted to see something else used on the roof besides the composition shingle. His thoughts on the roofing were in reference to the appearance and longevity. He wanted to know if the block was going to be painted or left natural. He noted "Once you start painting it's a continual process". Commissioner Smith wanted more information on what the building was going to look like, such as heights, materials, and the accent bands of block going around the building. Commissioner Smith asked if there was going to be any on- site materials stored outside the building, to which Mr. Robnett responded, ~No." FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 7 ( Commissioner Smith then addressed the staff comments, and wanted clarification, because there was a lack of understanding on the City's part pertaining to what was proposed. The first comment from the sewer department required pretreatment and addressed the building permit application red lines. From what Commissioner Smith understood there should be no reason for any kind of interceptors or pretreatment of any sewage, and he felt Mr. Robnett should clarify that with the City. Pertaining to the Fire Marshal's comments, the building will need to be have fire sprinklers. Commissioner Smith felt this was a building code issue, and it was based upon the type of building construction, and the applicant's use and occupancy. Commissioner Smith was not sure what the code would require for this type of occupancy, and this issue should be clarified. Mr. Robnett stated, UWe have no problem. In fact it's not a given one way or the other whether we had preferred to outside of their recommendations chosen to sprinkle the building. In talking to Mr. Brackus there is one machine in there that costs twice what the building cost, and he's real concerned about alarm systems and safety as far as the equipment goes. We're talking $25,000 to sprinkle the building. I'm sure that's not going to be an issue. If they are requiring it, that just hastens our decision a little bit." Commissioner Smith commented again that it was a building code issue based on the type of occupancy and construction, and that there are insurance considerations and costs of equipment FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 8 involved. Commissioner Nelson noted that there may be a fire sprinkling issuel and that there are toxic considerations [ that even a small fire would produce toxins with those materials. 5. Commissioner Johnson acknowledged Jim Witherell/s letter dated March 1/ and that it was received by the City on March 9th. Mr. Witherell stated he had brought it in on the 9th, and that he was at the hearing to represent the quasi .neighborhood. Asking the Commissioners to check their maps [ which was page four of the letterl it showed how close the proposed building would be to the housing. The houses are about 50 feet between the proposed building and the bedroom windows and nothing in between. There has been a partial landscape barrier put inl which is only six foot trees. The protection from the building and lighting from the trees would corne in about fifteen or sixteen years because of the present height of the trees. He continued by statingl "What we are going to ask for automatically is to have this turned down, because it is manufacturing next to residential. They do not have all the information and a lot of the questions they/ve been asking are the same questions the Commissioners are asking, such as firel and combustibles especially since it would be so close to them. He noted nWhat would happen over a weekend since no one would be therel if it blew up? They/ve never heard of a quiet machine shop. He used to work for Yankee Machine Shop and it wasn/t quiet but it didn't quite produce the same things". He preferred the questions to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 9 r ( answered in writing. What everyone in his group would like is a continuation of the public hearing with notification. To address the issues that have been raised in the letter, and also a continuation because of the filed lawsuit against the City of Meridian last July on the property on the annexation. The City of Meridian replied back to them on February 27th, so it is now going to judicial review. He didn't want to pre-suppose what the court would decide about the property at this time. He knows it wouldn't do any good for them to argue points. He continued by giving the case number of the law suit, Case No. CV-OC-9704203D. The building generally would be turned to block the parking lot from the houses, and the drainage shown on the parking lot is directly into the adjoining property. The other concern was.what the building would be made of. Mr. Witherell continued his testimony by stating, "Well, we know it's cinder block. Again we'd like that in writing as part of our court case. He says there's no outside equipment. That's fine. He says there's no parking by the staff over night. That's fine. He says the hours of operation are up to 10:30 like they work at Hewlett Packard for the swing shift. We don't think that's so fun. But if the parking lots are on the front, we can't hear it. So we're asking if this goes forward to look at that redesign on the location of the building." Commissioner Johnson inquired if they have had any recent communication, other than written, with the developer or the owner of the subdivision. Mr. Witherell replied, "No, we haven't FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 10 ( spoken to him since October of '96." Commissioner Johnson thought there was a problem before and that the people didn't hit it off. He continued by asking, "How did it come to be that you built so close to the property line or did the property line get established later or what's the history there?" Mr. Witherell responded that the property line is on the side of the hill, and the houses are at the top of hill. There was an incredibly high water table, so they were required to move the houses up out of the water table to prevent flooding. Commissioner Johnson asked how many residences were affected, and Mr. Witherell responded there were six houses on the east, two on the other, he continued his statement that two of the houses were in favor of the development because they had sold the their land. Commissioner Johnson stated there were three signatures on the letter, and Mr. Witherell informed him they represented three of the four households. Assistant City Attorney Prior wanted to know the nature of the lawsuit as he was not familiar with it. Mr. Witherell commented they were asking for the public hearing for judicial review. Attorney Prior asked, "What are you seeking?" Mr. Witherell stated it was the development agreement, and that their attorney told him not to talk about the case. Attorney Prior questioned who their attorney is, to which Mr. Witherell informed him that it is a group suit, and that he represents about three households. Attorney Prior clarified that their attorney FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 11 ( represents the three households that signed the agreement. He continued by asking, "And you don't know the nature of what you are trying to seek with this lawsuit?" Mr. Witherell acknowledged the question by responding they are asking for the protections that were given to them by Planning and Zoning last year. Attorney Prior confirmed what they are trying to do is enforce a development agreement. Mr. Witherell continued his testimony commenting when the plan of the plat went through they agreed with the Commission that they could put some light in the street. He continued by stating, "But you said in your Findings of Facts that there could be no intrusion on the residences whatsoever, and that was fine. So we went to City Council and said we like these Findings. We agree with them. By the time it was done, they had thrown the Comprehensive Plan out, and so there are no longer any rules. And then they put the burden on the development agreement, which then puts the burden on to the C.U.P. process. And we did have the one right to exercise left, which was the judicial review." Attorney Prior was given the case number, (CV OC 9704203D) , to which Mr. Witherell stated, "The only reason I brought that was to validate it because I'm finding out a lot of people hadn't heard of it." 6. Commissioner Borup commented to Mr. Witherell that he must have been aware from previous discussions that some type of business was going to go in there. Mr. Witherell responded he was, and that the talk was about warehouses and offices. Commissioner Borup thought the recollection from a few minutes FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 12 prior that it was stated industrial. Mr. Witherell's further comment was some light industrial. Commissioner Borup questioned Mr. Witherell about the present type of business going in, or if he'd rather see another type of light industrial go in with a lot more exterior usage and storage; that some of his previous testimony seemed to contradict what he's now saying, such as before he wanted a high wall. Now his talking about putting a building with no windows screening his property, and now he doesn't like the high wall. The conversation continued between Commissioner Borup and Mr. Witherell pertaining to the high wall of the building; what type of light industrial business would be going in there, and that is what they are asking the court to decide. Commissioner Smith addressed the fact he wished he would have had more time to see what the content of the letter was, and Mr. Witherell apologized for delivering it the day before the hearing. Ann Witherell addressed the Commissioners with regard to the height of the shop, she feels it is too high, and it will only be a few feet from their bedroom window. Continuing she stated, "This is only the first thing that has been proposed. We did ask for the protections that the Comprehensive Plan would have granted us had the City Council not thrown it out and told the developer that he could in effect do whatever he wanted. This lS just the first application. There are going to be 'more. This does set the standard. If this is the height that it's going to FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 13 (- .r - ( - that the other buildings are going to be and the development agreement restricts them to 40 feet, which is the maximum allowed under the ordinance. In fact, it's not restriction at all. So that's why we would ask that you wait until this judicial review is over to proceed further. We really do need to know what the court is going to say about this, and we won't know for a while. So we do ask that you delay action on this application. Now if he could just make it smaller, and not 30 feet high in a single story neighborhood, please." 7. Commissioner Borup addressed the issue pertaining to the time frame of the judicial review. Mr. Witherell's comments to Commissioner Borup were that he had no idea on the time frame, but the City had responded to it on the 27th of February, and they filed suit in July. He figured it is a waiting issue. Jim Boyd, who represents the developer, John Barnes, clarified the matter about trying to speak with the Witherells and those who are affected in the neighborhood. He tried to arrange a neighborhood meeting to inform them of what was communicated to the people at tonights meeting, and to answer specific questions there might be regarding the use and the building. Mr. Witherell turned down Mr. Boyd due to the fact, III his words, "That they were suing the City of Meridian." So there was no meeting held. Mr. Witherell stated, "I just wanted to rebut that he did call. It was on Thursday night." He continued by adding they have been specifically instructed by their attorney not to FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 14 negotiate outside of the judicial process because it could prejudice the case, and that is why he was turned down. If it wasn't for the judicial matter, they would have talked to him. 8. Commissioner Borup had an additional question on the building design for Mr. Robnett. Mainly the question was regarding a hip design rather than gable, and if it was on both ends. Mr. Robnett stated it was a redesign from what they had, and it was to make it more aesthetically pleasing since it was the first building going in to this project, and that is why hip roofs were suggested, this would help soften the look. This would be a 312 pitch, sixty feet wide, and 90 inches to the peak. Mr. Robnett's further comments about the thirty foot high area were that it would be seventeen or twenty five feet high on the tall part of the building, which is in the middle of the building, and that the building is not right up to the rear property line which adjoins the residences. Commissioner Borup's clarification was that the building is now sixty one feet from the property line, and they are looking at a fourteen foot wall that's sixty plus feet from the property. There is the roof, with a hip roof, that's all the flat wall that would be showing. even with the gable. Mr. Robnett's further testimony was in regard to the peak height and it wouldn't change, and it would be right at the end. Additionally, not to postpone the matter any more. 9. Commissioner Smith acknowledged that good documentation is necessary to eliminate confusion. He continued by stating, FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 15 ( ~And I strongly encourage you that when this thing goes to City Council I you have those materials therel because there/s going to be the same individuals that - you knowl going through the same issues allover again." 10. Commissioner Johnson and Mr. Robnett discussed if there were considerations given to any of the other lots in the developcient. Mr. Robnett statedl ~When I was talking to Mr. Boyd regarding just a lot for Nick and Betty Brackusl and it came up in the conversation that I saidl look live got some peoplel gave the nature of the business. He says live got a lot that requires a conditional usel but it/s got to be extremely low profile. This is all live done I especially for the ten years is this kind of businessl and I told him I have one of the best live ever hadl and if there/s ever a business that would be compatible I and I hate getting in the middle. I mean 11m applying for a conditional use for a building and it sounds like there/s a battle going on here with the City because you guys approved a subdivisionl and I hope that - it/s already approved I plattedl recorded and it/s done. My application is just to have the building therel and I think the applicant in what limited thing we have presented tonight shows that it would be compatible and that we could meet any requirements. We/re not going to turn the building sideways so they see the back of the building. That/s not the highest and best use of the land. We/ve changed it around some alreadYI and in designingl we have taken into considerationl you know I that we are in a residential. There/s FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 NICK BRACKUS - I-L CONDITIONAL USE PERMIT a lot of footage in the back there as you can see in spacel and I think we/ve got something that would be very compatible for that area. The other thing with the fire issue and stuff with the sprinklers and what if it blows up. I mean what if Fred Meyers blows up. There/s nothing in there that I haven/t pack in here in my - to some degree or anotherl and they will take precautions that - you know I there are no explosionsl but they have no hazardous waste. They have no nuclear components. They simply are machine plastic and aluminuml and they don/t use flammables. They are not in any way a nuisance. If you had a fire in therel it wouldn/t be anything that the fire department would have to call special squad in because of barrels of this or barrels of things that were you know what you would term hazardous wastes. So anyway we can work all that through with the fire department. So I would ask that you don/t table it. This is just a normal high tech machine shoPI so we would welcome your weapons inspectors when it/s done." 11. Commissioner Johnson requested the pictures back so the City Clerk could make them part of the record. 12. Bruce Freckletonl Assistant to the City Engineerl submitted the following comments: 1. Off-street parking shall be provided in accordance with Sectiqn 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 2 . Paving and striping shall be in accordance wi th the standards set forth in Sections 11-2-414 D.4. and 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 17 ( 414 D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act requirements. 3 . A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D.3. 5 . All signage shall be in accordance wi th the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 6. Provide sidewalks in accordance with City Ordinance Section 11-9-606 B. 7 . Sanitary Sewer service to the proposed site shall be from existing service lines installed as part of the Medimont Subdivision improvements. 8 . Water service to the proposed site existing service lines installed as Medimont Subdivision improvements. shall part be of from the 9. The treatment capacity of the City of Meridian's Wastewater Treatment Plan is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 10. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 13. The Sewer Department's comments required that pretreatment be addressed on the Building Permit Application red lines. 14. The Meridian Fire Department's comments stated all codes would need to be met. Kenny Bower's, Fire Chief, also FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 18 (' questioned what was going into the building and the building would need to be fire sprinkled. 15. The Central District Health Department's comments pertained to written approval from the appropriate entities being submitted and then they can approve the proposal for central sewage and central water. Run-off is not to create a mosquito breeding problem, and the storm water management plan will be reviewed by their office. An inventory form will need to be completed and submitted to their office as well. 16. The Nampa & Meridian Irrigation District submitted comments as follows: 1. A Land Use Change/Site Development application shall be filed for review prior to final platting. 2 . All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 17. The Ada County Highway District's staff comments, outside of the standard requirements, were as follows: 1. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services, with file number, for details. 2 . Construct a 24 to 30 - foot wide curb cut driveway on Adkins Way, located as proposed 26- feet south of the north property line (as measured from property line to near edge of driveway). Pave the driveway its full required width to at least 30 - feet beyond the edge Adkins Way. No other driveways are approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 19 ( 3. Locate any proposed gates a minimum of 50-feet east of Adkins Way (as measured from back of curb to the gate) . Coordinate the location on any proposed gated entry with District staff. 4. As required by District policy, restrictions on width, number and locations of driveways, shall placed on future development of this parcel. the be 19. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1 . All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of noti~e to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3 . The Ci ty has the authori ty to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is currently zoned (I-L) Light Industrial District. The (I-L), Light Industrial District is described in the Zoning Ordinance, 11-2-408 B 14. as follows: (I-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 20 entirely or almost entirely wi thin enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 9. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 10. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code, Section 67 - 6512, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 11. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 12. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 21 Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 13. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the Ci ty Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact ! constitute a condi tional use and a conditional use permit would be required by ordinance; b. The use will be harmonious with and in accordance with the Comprehensive Plan and the Ordinance; c. The use will be designed! constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity! and that such use will not change the essential character of the same area; d. The use will not be hazardous or disturbing to existing or future neighboring uses; e . The use will be served adequately by essential public facilities and services such as highways, streets! police and fire protection! drainage structures! refuse disposal, water! sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 22 f. The use will not create excessive additional requirements at public cost for public facilities and services and the use will not be detrimental to the economic welfare of the community; g. The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and 1. The development of the property will not result In the destruction, loss or damage of a natural or scenic feature of major importance. It is recommended that the conditional use permit be granted III this case. 14. However, conditions may be placed upon the granting of a conditional use permit if it is determined that the permit should be issued, to minimize adverse impact on other development. It is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, if a permit is issued, to wit: 1 . Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 2. Coordinate fire hydrant placement Meridian Public Works Department. with the 3 . Approval of this application needs to contingent upon our ability to accept additional sanitary sewage generated by proposed development. be the this 4. Provide parking lot lighting plans to the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 23 ( Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as determined by the City of Meridian. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations (Ord. 557, 10-1-91) for all paved areas. All site drainage shall be contained and disposed of on-site. 6 . All parking stalls are to be a minimum of 9' x19' with 25' driveways per City Ordinance. The parking layout shown does not meet these requirements. Compact stalls may only be approved with the approval by the Planning and Zoning Commission. 7. Provide accordance signage. handicapped with ADA, accessible including stalls in appropriate 15. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 16. It is recommended that the request for the conditional use permit be approved. FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 24 ( APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER MACCOY VOTED l COMMISSIONER SMITH VOTED v!tl!1r COMMISSIONER NELSON VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~ DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described In the Application. The Applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the Ci ty Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. APPROVED: I{~ DISAPPROVED: MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW - NICK BRACKUS - I-L CONDITIONAL USE PERMIT Page 25 ( APPROVAL .OF FINDINGS OF FACT AND CONCLU~IONS The Meridian City Council hereby adopts and approves these Findings of Fact and SF. ~ Conclusions of Law on this 2 {. day of ~ f 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED ~ VOTED~ VOTED ~ VOTED ~ MAYOR CORRIE (TIE BREAKER) VOTED (INITIAL) APPROVED i~ DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - J/t?j1L -/-.ec.li /h4o;{/t.-e- J/~ :.J eufJrhv ( t ( MERIDIAN CITY COUNCIL I MERIDIAN RURAL FIRE COMMISSIONERS JOINT SPECIAL MEETING APRIL 14, 1998 The joint special meeting of the Meridian Rural Fire Commissioners I Meridian City Council was called to order at 12:39 P.M. April 14, 1998, by Marti Hill. MEMBERS PRESENT: Steve Bravo, Mike Ingram, Marti Hill. OTHERS PRESENT: John Fitzgerald, 11., Ron Anderson, Keith Bird, Charlie Rountree, Kenny Bowers. Hill: We will re-adjourn the regular monthly at the conclusion of the special joint meeting. Ingram: Is he okay with this as far as - nobody knew about I guess. So is he going to have time to wait around or - Hill: Mr. Harwood, do you have time to wait around or do you want to get right into it? How long will your deal take? Harwood: I don't know. It's not really a formal presentation. Ingram: I just don't want to waste your time. I told you we'd try to get you in right at the beginning of the meeting. I didn't know we were going to have the special session. Harwood: Go ahead. I would say go ahead. Corrie: The only question I had what is the special session for? Anderson: Maybe I could explain. Last Tuesday at our commissioner meeting, Mike Ingram came over and asked me if I was going to be at this meeting that we had some important things coming up, and I told him that I was. Then Kenny told me that there was going to be a presentation from a gentleman from North Ada County on doing a merger consolidation proposal, and then Kenny called me last Friday and said that was probably not going to be the best time to talk about it, but that the Rural District wanted to discuss the budget, that they have with the City right now, and I think that's listed under new business, amendment of current budget, and fire marshal position and discussion of mutual aid calls, and I think those all have to do with the City; don't they? It's going to have an impact on the City. I know some of our City Council people are going to have to get back to work so maybe if we could move those items ahead on the agenda and discuss those. Ingram: Yeah, if Ken doesn't have a problem with it. I just don't want to waste his time. Anderson: Or we have Ken's presentation first and then do that. MERIDIAN RURAL FIRE DISTRICT/MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 14, 1998 PAGE 2 Corrie: Well, since it's your meeting, I will open the special City Council meeting since we do have Councilman Rountree, Bird and Mr. Anderson along with the Mayor, and so at this time I will open the meeting. Hill: Also for the Rural Fire District, I will open up the special joint meeting. Time now is 12:42, and we will be in special joint meeting. Fitzgerald: As I understood by the notice that was posted by the City, that was to discuss personnel matters; is that correct? Anderson: I haven't read that notice. I just got it out of my basket here a couple of minutes ago. It says discuss proposed labor contract between the City and the Rural Fire Department is what it says here. So the proposed labor contract. Hill: I will entertain a motion to go into Executive Session for the Rural Fire District. Bravo: I make a motion that we go into Executive Session to discuss personnel issues. Ingram: Second it. Hill: It's been moved by Steve Bravo and seconded by Mike Ingram that we go into Executive Session. All in favor say aye. MOTION CARRIED: All aye. (EXECUTIVE SESSION) Corrie: This is going to take a lot of time. You may want to have Ken do his part first and then - Anderson: That's what I'm thinking is let Ken go and - Corrie: Let Ken go and then go into Executive Session. Hill: I don't have a problem with that. Corrie: I would suggest that to the Rural Commissioners. Hill: I don't have a problem with that. Okay due to the Mayor's suggestion, we will be out of Executive Session at 12:43. We are back into the regular meeting now with the Meridian Rural Fire District and City, the fire commissioners in attendance also. Under old business, we'll move down to item number two, levy override election, and we have MERIDIAN RURAL FIRE DISTRICT/MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 14,1998 PAGE 3 here Ken Harwood who will give us some insight into the levy override election. Mr. Harwood? Harwood: Thank you for the invitation to be here, and let me just maybe clarify I guess what I guess a couple of questions. My understanding is that you are anticipating an override election probably in August of this year for a specific purpose of equipment. Ingram: Basically just generating more funds so we can run the department at today's expenses, basically is what - Ingram: When the three percent cap went on, there's was a statute enacted that allowed fire districts specifically basically jump start their budget up to a new figure. And from that point in time on, it would remain at that figure, plus the three percent i.f you chose to add that on. That's the process that we are in right now is increasing that levy or our budget to a new figure, and with our attorney's help, we're doing that. There are three criteria you have to meet, the last one being we have to exempt all unimproved real and personal property, which is in the process right now. Since we're kind of short on time, and we have one shot of this, we need to make the best of that, and our salesmanship skills need to be the best we can be. Harwood: Councilman Anderson has been a part of several projects that were done in Nampa that were accomplished with a lot of citizen involvement. We saw that as a real key to getting projects approved even though it didn't necessarily go to the ballot box, but had projects that people were actually convinced we are worthy of coming forward with substantial amounts of donations. I see it's really the same process though, having between now and August a very broad based campaign that would include information brochures that would suggest that you get scheduled with every service club, chamber of commerce on their regular meetings to promote it, and would even take it to the point of requesting their endorsement. I think that would carry a lot weight, and done even in the informational material that's printed would show those endorsements. Hill: Mr. Harwood, do you have an idea of - this is kind of a tricky question - of who we could work with as far helping us get the word out as in how to go about - say for instance an advertising type of outfit that could help us get the word out with the mailers and stuff like this. Who could help us put it in words so that for the tax payer can understand what's being done. Harwood: Well, I can think of some people that would be probably available for hire to do that, but that's something - MERIDIAN RURAL FIRE DISTRICT/MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 14, 1998 PAGE 4 Bravo: Like a publicist to take our information and put it into a nice story so to speak that we can put on this information packet and mail out to voters so they know what's going on in comparison to other districts, things like that. Harwood: Well, a name that comes to mind, I certainly don't want to endorse one person over others, but simply one name that I'm aware of that would be good at this kind of work would be Scott peyron; Peyron and Associates. P-e-y-r-o-n. Hill: He used to be with the Statesman; correct? At one time wasn't he with the Idaho Statesman years ago. Harwood: I don't recall. He was the governor's press secretary for a while, and he's conducted several informational campaign issues, worked on the one percent issue with cities. Hill: Steve, any other questions? Bravo: No, that was mainly \lVhat we were looking for was a recommendation of a publicist that you experienced or that you know that's along that lines, and basically anything that you can think of that we're in for any kind of rocky road that we might run up against in this process. With your experience that we might watch out for. Harwood: Well, it's been our experience that people are really going to be sensitive to the pocketbook. So you are going to be asking to vote themselves an increase in property taxes. What are they getting in return? And over the years, we have used some good statistics with fire service that shows by being in this fire class rating for insurance premiums would fall versus being in a higher rating, having higher premiums to pay. So you may pay a little more in taxes, but save a lot in another area. In addition to just saving lives and property, there's the good potential to just save direct dollars in their pocket, and that needs to be pointed out in your material. Hill: Mike, do you have anything you want to ask or bring up? Ingram: Yeah, we've tentatively got everything scheduled for August 4th. What time lines have you used in the past as far as starting like a pamphlet campaign and then moving it something else as far as we're required to have some public meetings and things like that, but I know it's sensitive as far as you get it there too soon, they tend to forget about it. If you get it there too late, then everything's haphazard. What time frames are we looking at as far as your experience? Harvvood: Well, my view would be it would be important to begin immediately. Particular talking to any group that you can get in front of, a service club, the chamber of ( MERIDIAN RURAL FIRE DISTRICT/MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 14, 1998 PAGE 5 commerce and the explaining it, and having them fully informed and even request their endorsement; their support. I'd do that immediately. Hill: Anything else, gentlemen? Steve? Bravo: I can't think of anything. Hill: Mike? Harwood: And I'll just offer then - of course at no charge - our services through the Association of Idaho Cities anything we can do in terms of research or vvriting material or even editing material that you write. Fitzgerald: Could you please tell us where you are from and what you do so our record is complete so it doesn't appear that some stranger out of the blue - Harwood: Okay, thank you. I'm Ken Harwood. I'm executive director of the Association of Idaho Cities. I've been in that position since January of this year. Prior to that I was almost 24 years as administrator and finance director with the City of Nampa. Hill: OkaYJ appreciate it. Anything else gentlemen? Bravo: We got the name. We got the basic stuff what we can count on. Harwood: Okay" good luck to you. Hill: Okay. We will recess the regular monthly meeting of the Meridian City Rural Fire Commissioners and we will go into the special joint meeting with the City Council at this time. It is now 12: 55 P. M. I wi II entertain a motion to go into Executive Session now. Bravo: t will make a motion we go into a joint Executive Session with the City Council and the Rural at this time. Ingram: Second. Hill: You've heard the motion by Mr. Bravof seconded by Mr. Ingram. All in favor say aye. Opposed say nay. MOTION CARRIED: All ayes. (EXECUTIVE SESSION) ( MERIDIAN RURAL FIRE DISTRICT/MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 14, 1998 PAGE 6 Corrie: Okay, I'll entertain a motion for City Council to go into Executive Session with the Rural Fire. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded. All those in favor, say aye. MOTION CARRIED: All ayes. (EXECUTIVE SESSION) *Glenn Bentley is absent. Corrie: All right. The Meridian City Council came out of Executive Session for personnel discussion at 2:04 P.M. I will entertain a motion that we adjourn. Bird: I make a motion that we adjourn. Second: I'll second. Corrie: Motion made and second. All those in favor, say aye. MOTION CARRIED: All ayes. SPECIAL JOINT MEETING OF MERIDIAN CITY COUNCIL AND MERIDIAN RURAL FIRE DISTRICT ADJOURNED AT 2:04 P.M. Hill: Okay we are out of the Executive Session now at 2:24 P.M. Personnel matters were discussed. Nothing was resolved at this point. Entertain a motion to adjourn Executive meeting. Bravo: I'll entertain a motion to adjourn the Executive meeting. I make the motion. Ingram: I second. It's been moved by Steve Bravo, second by Mike Ingram that we adjourn the Executive meeting. All in favor say aye. MOTION CARRIED: All aye. Hill: We will now - -.I will entertain a motion to adjourn the special joint meeting. ( ~ ( MERIDIAN RURAL FIRE DISTRICT/MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 14, 1998 PAGE 7 Bravo: I would make a motion that we end the joint meeting with the Rural Commissioners and the City Council at this time. Ingram: Second. Hill: It's been moved and seconded that we adjourn the special joint meeting with the Rural Fire District and the City Council. All in favor, say aye. All opposed say nay. MOTION CARRIED: All aye. SPECIAL JOINT MEETING ADJOURNED AT 2:25 P.M. (TAPE OF THESE PROCEEDINGS ON FILE) ATTEST: WILLIAM G. BERG, JR., CITY CLERK APPROVE: MARTI Hill, PRESIDENT ATTEST: MIKE INGRAM, SECRETARY