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HomeMy WebLinkAbout1998 07-28 MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA TUESDAY, JULY 28, 1998 - 6:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE 1. TABLED JULY 21, 1998: REQUEST FOR EXTENSION OF SEPTIC SYSTEM PERMIT BY BRADLEY E. MILLER - 3475 COMMERCIAL COURT: (APPROVE ONE YEAR EXTENSION OF PERMIT) 2. TABLED JULY 21,1998: REQUEST FOR LIQUOR LICENSE FOR EL ZOCALO BY LINDA OLSON: (APPROVE) 3. TABLED JULY 21, 1998: REQUEST FOR BEER & WINE LINCENSES FOR WINGER'S AN AMERICAN DINER BY YICK YEE FAMILY COMPANY: (APPROVE WITH POSSIBLE PRO-RATING FEE) 4. DISCUSSION OF WEED ABATEMENT FOR PROPERTY AT TURTLE CREEK BY LEON BLASER: (APPROVE) 5. CHANGE ORDER NO.1 - AERATION AND PUMPING FACILITIES: (APPROVE) 6. DEPARTMENT REPORTS: A. TOM KUNTZ: 1. $1,200 DONATION FROM IDAHO POWER FOR TREES AT lULL Y PARK AND $2,500 DONATION BY ROTARY'S BOSSY BINGO. 2. SOFTBALL LIGHTS AT STOREY PARK. 3. AIR CONDITIONING/HEATING UNITS. B. SHARI STILES: BRAD HAWKINS-CLARK - PREPAY TUITION FOR ARCVIEW. ( ( c. KENNY BOWERS: UNIFORM FIRE CODES. D. MAWS SUBDIVISION APPEAL BY TEALEY'S LAND SURVEYORS. EAGLE PARTNERS APPEAL BY RICHARD C. WILLIAMS. MERIDIAN CITY COUNCIL SPECIAL MEETING JULY 28. 1998 The special meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 6:30 p.m. MEMBERS PRESENT: Ron Anderson, Charlie Rountree, Keith Bird. OTHER PRESENT: Mayor Corrie, Will Berg, Shari Stiles, Gary Smith, John Prior, Bill Musser. Corrie: The city council is meeting to go over some tabled items that was at the last meeting. City Clerk would you call the roll please? ITEM NO.1: REQUEST FOR EXTENSION OF SEPTIC SYSTEM PERMIT BY BRADLEY E. MILLER - 3475 COMMERCIAL COURT: Corrie: Mr. Miller would you like to come up? Miller: I apologize. I wasn't aware that I was on the agenda for the last meeting. Otherwise I would have been here. Rountree: Boy, you're lucky. Bird: You're lucky, 2:00 in the morning. Miller: Oh, I'm glad I wasn't here then. As you know we have the Richardson Labs building over there on Commercial Court, and we've been going year to year on our septic permit there, and it's about due to run or has run. And we'd like to ask that that be extended for another year until we can get sewer there. We're hopeful with the help of the city that we can get sewer there before the year is out. Corrie: Is Richardson Lab not going to be there anymore or is it going be just a - Miller: Well what they've done as you read in the paper they've moved their manufacturing and shipping to Florida. They will continue to operate out of there, but they will have some different functions. Right now they are going to have 15 to 20 - they'll operate in full force through the end of August, then they'll have 15 to 20 people there doing different things, and they may move some other functions over there. They've got a ten year lease with us, and we don't have any anticipation that they'll completely move out. Corrie: Questions from Council? Rountree: I have none. Bird: I have none. { Meridian City Council special Meeting July 28, 1998 Page 2 Rountree: I have a question for Gary. Do you see any particular problems with this at this point in time? Smith: I don't think so, Councilman Rountree and Mayor and Council. I think they are taking care of the situation that they have with the septic tank and drain field as I understand it. They are doing some extraordinary maintenance on that system. (Inaudible - off the microphone) Miller: Sorry. The septic tank is. pumped twice a week just to make sure we don't have any overflow or anything into the drain field area. I mean that's what we're doing right now. Corrie: And you (inaudible). Miller: As soon as the sewer line is in, yeah, we're anxious to hook up to it. Rountree: And along those lines Gary could you just give us a quick update of the extension of the sewer. Either here or in our planning session. Smith: Right. I've got some information I'll hand out to you in the planning session. Rountree: Okay. Smith: But I can give you a brief. Rountree: Well, Brad might want it unless he's heard something. Smith: You bet. I've contracted with Keith Jacobs, P.E. out of Pacific Land Surveyors, and they did the original design on that system to verify that the sewer line that has been designed and has been approved and has been bid is the best route, and that was in accord with the request of Fred Mack, the attorney that the ci~ has hired. Mr. Mack has sent me a detailed listing. I just received on the 27th, a detailed listing of the procedure. The steps that we need to go through to process on for the obtaining of the easement; all easements actually. Brad Miller from Van Auker has submitted to me two easements for properties that they have control over, and I will as part of this process contact the other property owners and request easements from them. I think that's where we are right now. I will give you a copy of the letter that Mr. Mack sent to me. Rountree: Does he elude to any kind of timeline? ( Meridian City Council s~(al Meeting July 28, 1998 Page 3 Smith: I don't believe he did. I don't think he gave us a time. Some of it is going to be as fast as I can react and as fast as Keith Jacobs can react. Rountree: Okay. Thank you Gary. Corrie: Any further discussion? All right. I'll entertain a motion on the extension permit. Rountree: Mr. Mayor, I move that we approve an extension for the septic system permit for 3475 Commercial Court. Bird: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Bird to extend the septic permit to 3475 Commercial Court. Is there any further discussion? Extend for one year, Charlie? Rountree: Yes. I'll make a proposed new motion that the City Council approves the extension of the septic system for 3475 Commercial Court for a period of one year. Bird: Second. Corrie: New motion by Mr. Rountree, second by Mr. Bird that we extend the permit at 3475 Commercial Court for a period of one year. Any further discussion? All in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO.2: REQUEST FOR LIQUOR LICENSE FOR EL ZOCALO BY LINDA OLSON: Corrie: Council, you have the request on this liquor license. Is Bill Musser here? Okay, Bill, do you have any problem with this? Musser: I have no objection. I did some checking with staff at the police department and apparently record checks had been run and those were passed on to the Chief prior to him leaving for his vacation. At this point, I'm not aware of any problem whatsoever with the request for the liquor license. Corrie: Council, questions? Rountree: None. Bird: I have none. (- Meridian City Council sp(3t;lal Meeting July 28, 1998 Page 4 Anderson: None. Corrie: Okay. Hearing no further questioning, I'll entertain a motion on the liquor license for EI Zocalo. Bird: Mr. Mayor, I move that we award a liquor license to the EI Zocalo. Rountree: I'll second it. Corrie: Motion made by Mr. Bird and seconded by Mr. Rountree to approve the liquor license for EI Zocalo by Linda Olson. Any further discussion? Hearing none, all those in favor of the motion, say aye? MOTION CARRIED: All ayes. ITEM NO.3: REQUEST FOR BEER & WINE LICENSES FOR WINGER'S AN AMERICAN DINER BY YICK YEE FAMILY COMPANY: Yee: Yes, I'm making a request from the City of Meridian to grant my family a beer and wine license for Winger's, an American Diner. I think as a matter of record I already have the state license, and I also have the county license. And so those are the two steps plus probably a review of our background. If that's agreeable with the council, I have another request that I mentioned to Will Berg that perhaps I could come to the city and ask as I was getting these licenses, and other licenses that I have for other establishments, they have been pro rating these licenses with July 1 being the cut off date, so I was just wondering if the city would have any consideration if they would like to start a policy of pro rating these beer and wine licenses and these alcohol licenses. So that's my request. Ada County pro rated it to 500/0. I know the state of Idaho alcohol department will pro rate a liquor license, but I don't think they pro rate beer licenses, but beer and wine are $150.00 for the state license. Also in the alcohol end of it the Department of Alcohol, Tobacco and Fire Arms also pro rates the licenses depending on July 1, so I just thought it was a fair question that I come before the council and see if there's any consideration of pro rating these licenses. Corrie: Any discussion Council? Rountree: Per the question that's asked about the pro ration I know we've done that in the past based on either half year or quarter of a year, so I would guess we would take that under consideration on action on this. Corrie: Council, can we take action on that particular subject at this time? Prior: Mr. Mayor, I think what I need to do is go over the liquor and beer and wine license regulations again. I know something addresses pro rating licenses and that. I just don't specifically recall exactly what it says. I can report back to ( Meridian City Council specfal Meeting July 28, 1998 Page 5 the council on that if that's their desire. At this time I don't recall exactly what the status is on that however. Corrie: Okay what we'll do then is we'll do the beer and wine license and then when we get from the attorney the wording on that, then we can go from there and we'll date it back. Yea: That's fine, appreciate it. Corrie: Any further discussion? Bird: I have none. Corrie: Bill, I noticed this one wasn't signed, but I assume it's the same thing. Musser: It's the same thing. I did check with staff again. The record checks had been completed. I also had contacted Will Berg at the City Clerk's office to confirm receipt of the county license had been received and it had been received in. So there wouldn't be any objection on the part of the police department at this time. Corrie: Any further questions? Hearing none, I'll entertain a motion on the request for beer and wine license for Winger's, an American Diner. Rountree: I move that we approve the beer and wine license for Winger's an American Diner and direct the city council to investigate the possibility of pro rating the license fee for one half year. Bird: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Bird to approve the beer and wine license for Winger's an American Diner and the council to investigate the possibility of the half year request made for the license. Any further discussion? All those in favor of the motion say aye? MOTION CARRIED: All ayes. ITEM NO.4: DISCUSSION OF WEED ABATEMENT FOR PROPERTY AT TURTLE CREEK BY LEON BLASER: Prior: Mr. Mayor, Council, I'll be very brief. On the 23rd I was notified by the code enforcement officer that we have a situation over on N. Linder Road. Mr. Blaser's property where the proposed Turtle Creek Subdivision is to go in, the weeds are rather high. I went over there with the code enforcement officer and the fire chief. The Fire Chief made a determination that it was a hazard and that the weeds should be cleared up. So I went and referred to our ordinance. Our { Meridian City Council s~lal Meeting July 28, 1998 Page 6 ordinance requires that I send a letter out certified to Mr. Blaser. I've done that. He received that letter yesterday. I received the receipt confirming that. From that date yesterday, Mr. Blaser has five days to either appeal the decision to the city council. If he does not do that, the city council can direct me to abate the nuisance which as the letter indicated and requires us to hire someone to go out there and clear the weeds out, and Mr. Blaser's property will be imposed with a lien assessed against the taxes on his property and further if it's the city council's desire I will start criminally proceedings against Mr. Blaser and pursue misdemeanor charges for nuisance if that's the desire. I'd like to also point out to the council that there are a number of other properties Mr. Blaser owns at least two other instances where this same thing has been going on. Further per our ordinance I believe it's 9-163 E requires that any permits Mr. Blaser would like to obtain can be withheld if he is not in conformance with any code under our ordinance. I would respectfully ask this council to consider withholding any permits to Mr. Blaser until this issue has been resolved. That's just my request and Shari Stiles' request. That's all. I need direction and basically what I need is the Mayor and city council to permit me to pursue these remedies against Mr. Blaser per our ordinance. Corrie: Comments, discussion? Rountree: My comment would be that we provide the opportunity and have provided the opportunity by notice to see that Mr. Blaser remedies the problem. If there's no remedy forthcoming I'm not opposed to seeking or looking at misdemeanor charges. But I'm not sure what we gain by doing that. Prior: Generally what happens is and what I will do is I will take the initiative of calling Mr. Blaser one last time before I institute those charges and let him know. I've spoken to him personally about this. I'll give him the opportunity to clean it up, and I'll tell him you have 24 hours to clean it up. If he doesn't do it, then he's in my opinion he's brought it on himself, but obviously that's a decision for you folks to make. What you accomplish by the criminal charges is I can assure you if I put him in jail for not cleaning up his lot, and creating a fire hazard, it's only going to happen once if he has to spend two or three days in jail. I can assure you that further properties that he owns, he'll clean them up because if I go after him again every time exponentially will increase the fine and the criminal time that he spends in jail. Generally what happens in my experience has been you only need to do it once. Rountree: Has he been notified on the other properties? Prior: He has not been notified on the other properties. To the best of my knowledge I don't believe code enforcement, Joe Belton, has notified him on the other properties. I'm just dealing with this property and I am only permitted under our ordinance to address this one property at a time, and every time I need to do this weed abatement or any nuisance action, I need to go before the council ( Meridian City Council special Meeting July 28, 1998 Page 7 under our ordinance and get your permission to do that, so I have to do it individually every single time. It's kind of onerous but I'm follow the rules. Rountree: When you say individually for each time, that's to proceed with criminal charges, or to actually issue the notice too? Prior: I can send the notice out under our ordinance, Councilman Rountree. What I cannot do is I cannot proceed with the abatement or the criminal charges unless I have your permission to do so. Rountree: Okay. Anderson: I have a question. It's just for my own background John. Is this something that we're just getting started on doing this enforcement? I mean because when I drive around town I see a lot of lots with high weeds out there or has this been a habitual problem with one individual. That's why we're going after this one or maybe you can give me a little background. Prior: Councilman Anderson prior to appointing any code enforcement officers, we didn't enforce the municipal codes for the city of Meridian. What we're doing now is these folks are, and Shari can address this as well, we are not isolating one individual person. We have these,things all over town and the list will continue and you will be getting additional ones. In light of the fact of this tremendous heat and the weather, we better address it now, and we thought that we better jump on this. We are starting to initiate this program, but all cities do this sort of thing. They do it all over Idaho. It's just the City of Meridian is just starting this as a policy. Obviously as the council you can direct, and the Mayor, how you want to implement this, and if you want to change the policy. If you don't want to enforce this, that's your prerogative as well. You can direct me to say no we're not going to do this, and obviously it's your wishes. Anderson: I understand it's a problem. I just want to make sure we apply this consistently. Prior: I think Shari Stiles would like to address the council if she may. Stiles: Mr. Mayor and Council typically the weed enforcement is on a complaint basis. We have had numerous complaints. I would say on the average of no less than five per week on this particular property. It's the area north of Chateau. The 80 acres where the radio tower is located on Linder Road directly across from the park. They are noxious weeds. They are not simply you know - they are very high. They are very dry. People are concerned not only because they are blowing into the yards, but because of the fire hazard. Someone has mowed a strip around the area, but this has been going on for as far as I know at least three months, continued calls to their attorney, Steve Bradbury, and to Mr. Leon Blaser himself to which he has not responded to at least five of my calls. My last ( Meridian City Council spet;lal Meeting July 28, 1998 Page 8 conversation with his person answering the phone was that we were going to take legal action and put a lien on the property because of his noncompliance. There are other issues involved with some of his other properties, but we'll need to address them later, but I feel it's criminal what he's doing right now. Corrie: Further discussion? Rountree: So if I understand the timing of this right, he's been notified. He has five days to appeal. If he appeals, we have five days to respond to the appeal. Prior: I believe the ordinance allows you an additional five days after that to respond. Rountree: So we're looking at ten days from now. Prior: If he appeals. Rountree: If he appeal. Prior: He received the notification, we sent the notification out on the 24th. He received the notification on the 27th, yesterday. If I'm calculating right as of the 2nd of the month of August, he will have given up his opportunity to appeal, and we will have the opportunity to pursue whatever the council and Mayor's desire is. Rountree: Some way here I have a problem with seeing Leon in jail. Corrie: It can happen. Prior: I guess Councilman Rountree in light of that, I guess I would invite you to go out to the property and walk along the home owners' properties that adjoin this and see how high the weeds are along those properties. If someone were to drop a match or lightning were to strike, in the fire chiefs opinion, he noted that those places would go up in a minute because the fire hazard is that serious along that fence line. Rountree: No, this is not unique. It's been going on that piece of property for a s long as I can remember. Even in the previous ownership. Bird: I was going to say it's not the first time on that property. Rountree: Weill don't know how convoluted I can make this, but I'll attempt to motion here. I move that at the end of the five day notice period, if there is no action and/or appeal by the subject property owner that we direct staff to pursue charges against the property owner to seek remedy for the and abatement of the ( Meridian City Council s~lal Meeting July 28, 1998 Page 9 weed problem. If there is an appeal, we will address the appeal and a further decision would follow the appeal. Bird: I'll second it. Corrie: Motion made by Mr. Rountree, second by Mr. Bird. Further discussion? Mr. Bird. Bird: Council, don't we ought to at the end of five days, we automatically have that abated; can't we? Prior: We can Councilman Bird. Bird: And have that done, and then file a lien on the property. Prior: The way it's done is it's basically an assessment against their taxes is what it is. Bird: That's what I thought. So that's something that even if he doesn't appeal, we could do that without going after the charges. (Inaudible) Bird: Weill think the problem is regardless you can wind up being down the road a month not getting the thing, and I think Shari's biggest concern is getting it out of there and Chief Bowers. I'd like to see if he don't do anything within five days, Shari call somebody in, have them abate it, and I know we'll pay for it. If he don't pay it, put it on his tax role. The motion says go after criminal. So - Shari you got something? Stiles: Mr. Mayor and Council there's also a provision of our ordinance that if they fail to comply with one provision of the ordinance they can be denied future approvals for any kind of a permit. They will be looking for a signature on a final plat there. They also have another final plat for the Landing Subdivision that's up in August, and there's some other problems with that subdivision, but I would like to also ask the council to consider that no further approvals for any property owned by this individual or their company within the City of Meridian will be granted until his other problems are taken care of. Rountree: Does that require council action or can that be administered by department heads? Stiles: I would prefer it's council. I believe that's appropriate. Prior: Mr. Mayor, just to bring you up to date. One of the other properties I was referring to was in fact the property over at the Landing where there are a ( Meridian City Council spe;.al Meeting July 28, 1998 Page 10 ( number of dead trees that have been thrown on the property over there. I did personally visited with the home owner who lives adjacent to that, and he expressed his concern because his children play in the backyard and it's right there. I think the proper procedure is to - basically when Mr. Blaser comes forward seeking approval of his final plat, you notify him or staff can notify him that he is in noncompliance with our ordinance and that he will need to remedy the situations in order to gain approval, and staff will recommend to council that. I don't think we require a motion on that at this time. Anderson: I just had a question again for John. So is this a step by step process in the ordinance that first they are notified, then comes the abatement, and then the charges, or is it whatever you decide? Prior: OUf ordinance is very specific Councilman Anderson. Our ordinance requires that I'm notified of the problem by our code enforcement officer. I go down and I have the fire chief or the fire chiefs representative determine that there is a hazard as far as a fire hazard. Now, I'm talking specifically to weed Jluisance. Noxious weeds and that sort of thing in terms of a fire hazard, which is what applies here. At that time I am to send a letter out to the person, the property owner based on the tax roles who is the most current property owner, notify them of this. If they do not respond - excuse me. City Clerk Berg is to send the letter. I took the liberty of drafting the letter and City Clerk Berg signed it. We send the letter. If they do not respond within five days, I am also to get the city council's approval to pursue abatement, and that's the process that I'm in right now. Basically it's a process that's set forth in our ordinance. Anderson: So what you are asking for is to skip the abatement and go for the misdemeanor charges? Prior: I am not. At this time what I am asking the council to approve is within the five days as of August 2nd to pursue the abatement and in addition to pursue the criminal charges against Mr. Blaser. I am asking for both and we are permitted under the ordinance to get both. If it's your desire to do something else, that's your prerogative. If you folks decide you don't want me to pursue the criminal charges or just pursue the abatement, you can do that. If you want me to pursue the criminal charges and not the abatement. It's whatever your prerogative. We're free to pursue anything we want in this regards. Anderson: It almost seems like in this case we hold the trump card, because he is going to have to come before us to get final plat approval anyway. Prior: If you remember that he has to do this, and the other thing is that it's very easy to file criminal charges against somebody, and if you file those criminal charges it's just as easy to withdraw those criminal charges and drop the case or come to some type of agreement, but if you are called before a judge and have to face charges on something that has a tendency to get you to move a little bit ( Meridian City Council sp&;.al Meeting July 28, 1998 Page 11 and get this problem solved. And what I'm saying is that I think that this has been a recurring problem I think you need to file these charges and if he doesn't address the issue, then we pursue it to whatever the judge determines is appropriate. Now this judge may not put him in jail. This judge may only fine him $100.00, but depending on how egregious the judge determines it is. But the point is I think you pursue all the remedies to let them know it is happening, because it is happening in a number of locations. Corrie: I think that you notifying him, the last there, I think he's going to make that determination to do it and get it done. Charlie, do you want to keep with the motion or do you want to try another one? Rountree: Weill can withdraw my motion. Bird: I'll withdraw my second. Corrie: Motions have been withdrawn. Rountree: Mr. Mayor I move that after the five day notice period expires and the property owner has not abated the weed problem or appeal the notice, staff is directed to abate the weed problem, place a lien on the property and seek criminal charges against the property owner, and that no further city permits be issues to the property owner or his company until such time as they are in compliance with all city ordinances. Bird: Second. Corrie: Motion is made and seconded as the motion as stated. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO.5: CHANGE ORDER NO.1 - AERATION AND PUMPING FACiliTIES: Smith: Mayor and council this change order request concerns a situation that developed at the wastewater plant and the construction of our aeration facility. We had a trough wall on the aeration basin that collapsed. It necessitated some emergency work taking place, and that began on a Sunday afternoon, I believe. The contractor for the project was called and he responded quickly, and made the necessary repairs and did the work required to keep the plant in operation. Some of the work that was required at that time would need to have been done at a future time in making the addition the connection of the addition to the existing facility. So the total amount of his bill that was submitted was not approved. Our consulting engineer he submitted a bill for $19,611.58. Our consulting engineer met with him and basically approved some very specific ( Meridian City Council special Meeting July 28, 1998 Page 12 items of $5, 198.87. That left the difference between the two of around $14,400.00. After meeting with our consulting engineer, and discussing this in detail with our assistant city engineer, Brad Watson, we determined that there was probably enough gray area that we could get into a verbal exchange that could go on forever as far as resolution of the costs are concerned and spend a lot of money and a lot time resolving, so the proposal then was to split the difference with the contractor which was $7,200 and that was added to the $5, 198.00 which gives a final proposed change of $12,405.23. I think in a nut shell that's the situation. The contractor has responded to that amount, has agreed to it in letter form. It was a situation where not only the contractor responded very well, but his subcontractors also responded. We were out of compliance with our discharge permit, but it wasn't a catastrophe. Corrie: Kind of luck too I think. Smith: You're right Mayor. It was very fortunate that that happened on a Sunday afternoon when no one was working at the facility. Bird: Gary, also on this change order we're adding three calendar days to the end of the contract; is that not right? Smith: Yes, sir, and that was basically a clean up situation. We had to wait to pump the excavating hole for the addition was - I don't know that it was filled, but it had probably eight feet of sewage in it from the aeration basin that had to be pumped out and then the area had to dry out a certain amount before they could get people back in there. Corrie: Any further questions? Bird: I have none. Mr. Mayor I make a motion that we accept this change order with Turnkey Construction to a tune of $12,405.23 and include three more calendar days at the end of the contract. Rountree: Second. Corrie: Motion made by Mr. Bird and second Mr. Rountree that we include the change order of $12,405.23 additional as well as three calendar days. Any further discussion? AI those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Let's see. We've got department reports. You have something that you wanted to direct to the council. Kuntz: Mayor and Council, just a couple of items. One is I just wanted to make you aware of some donations that we received last week. One was in the ( Meridian City Council spevral Meeting July 28, 1998 Page 13 amount $1 ,250 from Idaho Power for trees for Tully Park as part of a program to educate the public on type of trees to plant near power lines, and those.will go in the berm medium along Linder Road. Approximately 20 trees is what we figure we can purchase with that money. And then $2,500 form the Rotary's Bossy Bingo to go towards the playground equipment in Tully Park. We received both those last week. You should have found in your mailboxes earlier this week or last week a memo in regards to the softball lights at Storey Park. If you had time to read that over, I would sure appreciate some feedback. I guess to summarize where I am today with that project, the project was - we were not consulted prior to the project being specked and the supplies being ordered for that project. If we had been, we would have specked the project differently than it has been, and we are at a point now where we either need to make a decision to install the lights as specked or go back to the drawing board and do it to a different specification. If we accept the way the project is specked right now, the real loser will be the soccer field that is part of that site, and the reason is because we will be forced to fence that field at 275 foot distance from home plate versus 300 feet which is what we preferred; ASA softball specifications. It will definitely cut down on the size of the soccer field that we can put into that outfield area. Corrie: Tom, are we talking about the height of the lights and also the number of the lights and the power of the lights? Kuntz: To keep it as simple as possible the project was originally specked for a 270 field with the mounting in height at 50 feet. From the background work that I did with different professionals in the lighting field, that mounting height is not correct. It should be a 60 foot mounting height for the foot candles that we want to have on that field. But the bigger issue that was based upon a 300 foot diameter field, not a 275. Bird: Tom how many softball fields in the valley are 60 or better? Kuntz: I don't really have that information. All I can tell you is that any fields that have been built within the last five years is 60 foot mounting height is the recommended height. Bird: How many of them have been put in? Willow Park is the only- Kuntz: At 60 foot mounting heights? I don't the information with me, but it's about 2 pages long, and it really includes fields Idaho State wide, not just the Treasure Valley. It's a two page sheet. I can get that for you if you need to . Bird: No, I don't need to know that. I just know in the valley here that Willow Park I believe is the only one in the valley a softball field that's 60 feet or better. I got some comments to make. I don't know if this thing went the right way. But I can't see sacrificing a gift. We're out begging for gifts. We're getting the softball field lighted that we've never had before. I don't see us with that one softball field ( Meridian City Council s~lal Meeting July 28, 1998 Page 14 ( ever playing championship ASA softball there. We've never had any specifications because we've never dreamed of lighting anything. I don't know if the approach was right, but I don't think we kick a gift horse in the teeth, and I think it will be an addition to the softball programs. That's my opinion. Rountree: You done? That was awful easy. Mr. Mayor, I got to tell you from my perspective I don't think much about this in terms of knowing what was going on and being up front with the city was the appropriate process and I would hope that we don't get into this in the future. However, we are the council has taken an action previously to accept this donation. It is a donation. It is not a city project. I can't put myself into a situation where I would deny something of this nature for the city. I think that even though it may not be the precise specifications we would like or would choose to put in on our own on any new facilities, I would be inclined to accept this donation with a great amount of appreciation to Harold, because I know it means a lot to him to do things for the city . Anderson: I guess I'm always kind of looking for medium ground and I don't know all the history of what's going on here, so I'll plead ignorant and I'll just throw this out, and you guys can tell me if I'm all wet, but there's six poles in this facility? And they've already been purchased and they are 50 feet and they are sitting there ready to go in. Were they purchased local? Kuntz: No, they came from northern Washington. Anderson: So my question was there a possibility of exchanging these buying the 60 or 70 foot poles and city paying the difference in the cost of the poles? Kuntz: There is that opportunity, but it would be a fairly substantial cost. Anderson: And you say substantial, give me a ballpark figure. Kuntz: Probably in the area of $2,000. Anderson: Because I tend to agree with Charlie and Keith in the fact that I don't want to kick a gift horse in the mouth, but by the same token, I'd like to have it meet standards. So if there's any way to work out a compromise and do it the way you'd like to do it, I'd like to see that done. If not I would tend to agree that we've already agreed to this and let them put it in. Corrie: Let me add my two cents on this one. I think you are all saying the same thing. And it's probably right, except the one thing I don't want to see is this become a precedent setting. Somebody wants to donate something. They just donate it according to what they want to do. I think the council should perhaps put in their motion of acceptance, which is a good one. But add in that motion that any further is brought to the council first and let them look at it. Rather than ( Meridian City Council s~~dl Meeting July 28, 1998 Page 15 just going ahead and doing what they want. I think the council has the right to do that. So that's my opinion and I think that you are right. If somebody wants to give us that, that would be good to have and we need it. But I would like to see the other end there if you so desire. Any further discussion? Rountree: I don't know that we need a motion on this, but I'll make one anyway. We at this point accept the gracious gift from Harold as proposed. Learning a lesson from that direct City Clerk, Parks and Recreation Director and City Council to draft a resolution for the City Council to consider related to a policy on future donations to the city, and how we would go about overseeing those and/or coordinating those with city elected officials and staff. Anderson: I'll second that. Corrie: Motion made by Mr. Rountree and seconded by Mr. Anderson on the motion as stated. All those in favor of the motion, say aye. MOTION CARRIED: All ayes. Kuntz: I've got one more Mayor, and I appreciate the direction on that and we'll get going on those lights with the electrical contractor tomorrow and move ahead on that. My last item is our air conditioner went down on Friday. Home Pro, Home Town, Home Pro is their piece of equipment as well as the heating unit. They came out and said that the compressor had gone out on it and gave us three options. Option one was to repair the air conditioning unit at a cost of approximately $600 with no guarantee at all. Option two is to replace the air conditioner at a cost of $1,500 and option three is the one that they recommend replacing the air conditioning unit and the heating unit which they say because of some cracking in the heating unit and some other repairs necessary probably has a life expectancy of one to two years. The total cost of that would be $3,000. They are giving us an $80 credit for a service call last week and in addition ten percent off to come up with those costs. Bird: Have we had any other proposals? Kuntz: No, sir. Bird: I don't know how much square footage you got, but that's not a real large furnace or air conditioner for an office building. Rountree: You don't heat any of the back room, do you? Kuntz: No, it's just the front (End of Tape) Kuntz: ... actually has its own separate ceiling mounted gas heater. ( Meridian City Caunci I spevlal Meeti n9 July 28, 1998 Page 16 Bird: What brand is this? Kuntz: I don't know that either. Rountree: I guess I have a question for the City Clerk. This is the outfit that does our business at city hall normally or - Berg: No, it's not. Apparently this is an outfit that had worked on it previously. Kuntz: It's their equipment that's in there. Berg: When did Bruce have that replaced? I thought two years ago, three years ago. Did he have some major replacements on the furnace? Smith: Mayor and Council, Mr. Berg, I know that he had some repairs done on it, but I don't recall what they were. Or where they were, but I know they were working on it shortly before he moved out of there, because he had some problems with it lighting or back firing on him. But I just don't recall what the repairs were. Berg: Just a point of - just some kind of a weight. It costs about $2,000 to replace one of our units at city hall and it's a larger unit I'm sure, but that's just the air conditioner unit. Bird: You're five ton though aren't you? Berg: No, I think we're two. There's six. Bird: Tom I know it's hot. I feel for you guys. But I would prefer to see a couple of - at least one other bid, taking away nothing from this guy. But I'd say getting out there real fast. If they don't get out there and give you a bid, get it going because you can't stay too much longer in this. Corrie: Tom do you think you can get it by next Tuesday? All this together? Kuntz: Mayor, to ask my staff to continue work in 100 degree in door temperatures I think is a little unfair. I think we have an emergency in front of us. And I would like to have the ability to deal with that emergency in a timely manner. Corrie: Did you go check on fans or anything like that we discussed earlier? Kuntz: I did. I don't feel like that's a very viable option at this point. (Inaudible) 90 degree - I just don't think that's a very viable option. I'd certainly check into it if you would like though. I' \ Meridian City Council spet.;tal Meeting July 28, 1998 Page 17 ( Bird: Can't you get somebody out there tomorrow and get you an estimate? One other person? Kuntz: Yeah, I'm sure I can. But once I get that estimate I guess I'd like some direction on where to go with this. Rountree: Well let us make a motion. Bird: Let's make a motion and we'll get it taken care of for you. Rountree: Gary, you had another comment? Smith: I was just going to say that I just happened to think we've got four - I think Bruce just replaced the units in the water department, and I don't know whether they are air conditioning or heating units, but I know there's four of them and we were going to move them to - I think they are air conditioning units, and we were going to move them to the wells that aren't air conditioned right now. But that hasn't been done yet. We were going to salvage them, and so I don't know if this would be a stop gap for Tom to get some cooling done right away, but we can certainly check that out first thing in the morning and see if they would work. Rountree: That would be great if you could get a window in there and get some cool air moving around. Smith: I'll do that first thing in the morning Tom. Corrie: Further discussion? Council? Bird: Mr. Mayor, I make a motion that we allow the Parks and Recreation Director upon getting one more proposal of like proposal making apples to apples taking the low bid of the two and getting this proceeding on without any further instructions. Rountree: I'll second that. Corrie: Okay, motion made by Mr. Bird, second by Mr. Rountree to direct the Park Director to get one more bid and then comparing apples to apples the low bid proceed with the purchase of the air conditioning and heating unit. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Anybody else from staff at this point? ( Meridian City Council spevlal Meeting July 28, 1998 Page 18 Stiles: Mr. Mayor and Council, Brad Hawkins-Clark has expressed an interest in taking the Arcview course that's offered by Boise State University. Typically this would be a class that in a two day period offered by other entities would be over $500.00. This class lasts it's a three hour course every Monday night from August 31st to December 15th. He's expressed the interest to go there. There's also a three hour lab each week. He has volunteered to attend this class. I know our policy has been to not reimburse University classes until they get a passing grade, but in this case I think since he does have the interest and is willing to spend the time to do that, I would like to just get your approval to prepay his admission which would be $321.00 which is less than the two day course and if you have no problem with that. Bird: Do we need a motion on this? Corrie: Yeah, I think we better discuss it first. Any discussion? Anderson: What's the class, Shari? Stiles: It's an Arcview course. Arcview is the program that we have to we use to - we don't generate these maps ourselves right now. We do have the information that at least shows property ownership and we can print out a small map. It's utilized with the geographic information system that we get from Ada County that is updated on a month basis. We just don't have anybody on staff that has really had the time or the interest to really find out all that can be done with it. All we do really now is the 300 foot radius property owners for notices for the public hearings, but he does have the interest to go forward and learn some additional things that he can use for the city. So that's why I'm asking. Did that answer your question? Anderson: Yeah it didn't really explain for me what benefit the class would give to him that would help the city. I didn't follow that. Stiles: Currently we have a program that's called Arcview. We use that to generate the property owners lists within a 300 foot radius using Ada County's geographic information system data base. We get a data base from them. Any time property ownership changes within the county, they update that. Warranty deeds, anytime there's new ownership, any plats, and the only thing that we're really using it for now is this 300 foot property owners radius notice. So he was wanting to learn of what we could use. The applications for the program are endless really. Gary is using some of it somewhat. He's contracted out some work as far as sewer and water overlay systems, mapping out - it's to the point ,where you can even get an overlay for where fire hydrants are, where stop signs are, where - I guess I can't explain much more to you because I don't know that much about the program. There's an extensive two day course that's put on. I believe Cheryl Sable from the public works department has attended that. But I don't feel that we've really tapped the capabilities of the program, and if he's ( Meridian City Council s~,al Meeting July 28, 1998 Page 19 willing to spend two hours a week for four months, and another three hours in a lab every week, the only reason I'm asking is because I believe our policy manual, I don't know if it's written or unwritten is that they are not reimbursed for the program until they receive a passing grade. I think he would be willing to sign a commitment that if he did not receive a passing grade for the program, he would reimburse the city at that time. But I didn't want him to have to come up the $321.00 plus have to spend that time on his own without at least taking a shot and asking you if you would consider paying for it up front. Anderson: So this Arc program is a computer program? Stiles: Arcview is a software program. Anderson: And we have on our computers? Stiles: Yes, we do. Anderson: And we just don't have anybody that knows how to run it? Stiles: That's correct. Corrie: Council if you do approve this one, I would suggest in a motion that you have is a one time request with no change in the policy because it does state in the policy what she said. So it is just a special request that you can do. Anderson: Now I guess the other concern I have is given our track history of keeping in that position, could we write up some type of agreement that he would reimburse us for the costs should he quit and go somewhere else? Stiles: Within a period of six months or a year or - Anderson: Well the class doesn't end until December. I guess I would be happy to see him stay until then. Stiles: I would too. (Inaudible) Stiles: I would like to put it that if it's six months after he finishes the class. Anderson: Mr. Mayor, I would like to make a motion that we pay the expenses for Brad Hawkins-Clark to take the Arcview course through Boise State, prepay his tuition expense in this one time circumstance with no change to our city rules and regulations or policy manual with the stipulation that if Brad discontinues his employment with the City of Meridian within six months of completion of that course, that he would reimburse us for the full tuition cost. ( Meridian City Council spevlal Meeting July 28, 1998 Page 20 Bird: Second. Corrie: Motion is made and seconded as stated. Is there any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Bowers: Mayor Corrie and Councilmen, my fire marshal Ray Voss had been in touch with John our attorney last week I believe and I was in touch with him today. We probably will not be able to get the Uniform Code equipment to you guys for the 4th with the way his schedule is right now. John's schedule is pretty tight. We will try to get together for you by possibly the 18th if that would be okay with you guys. Is that okay with you John? You think by the 18th? Prior: We'll get it done. Berg: Kenny is that the ordinance completed for review by the public on the18th? Bowers: I guess we would probably need to get the paperwork to John, let him go through the ordinance, see what we're going to change out of it. Probably get it to you guys so you guys can look at it before we bring it to the public. I would imagine that would be the way we should do it. So maybe the 18th maybe is out of line too. Berg: Just to set a precedent, we've have held public hearings for any code changes that we approved as far as Uniform Building Codes from year to year, and so I'd like to be able to notice that for a hearing and have the ordinance there for people to review. That's wh~t I was just asking on the 18th. Bowers: Okay. Corrie: Do you want to do it in September or August the 18th? Bowers: I'm not sure what John can get together with his schedule with his stuff he's got going on. Corrie: Do you want to try it the first of September John? Does that give you enough time? Prior: Mr. Mayor whatever you decide is fine with me. If you tell me the 18th, it will be here the 18th. Bowers: Well it's too late for the 18th though. ( Meridian City Council s~lal Meeting July 28, 1998 Page 21 Corrie: The 18th of August would that give us time, Will? All right let's put it for the 1st of September then. Bird: Let's get it to the council by the 18th so we can look it over Kenny. Corrie: Anyone else over there? Prior: Mr. Mayor very briefly at your last city council meeting, there were two appeals that were brought to the attention of the city council. A decision on those appeals needs to be made per ordinance within ten days. The ten days expires as of Friday. My preference is that if the city council would inform the City Clerk Berg of their decision so the City Clerk Berg can inform Mr. Williams and Maws Subdivision representative of your decision on their appeals. It's important that we issue a decision. If we don't you would probably create some problems for me. Rountree: Just a point of clarification. Isn't there just one? Oh, excuse me. Corrie: Do we need a council decision tonight or can we do it individually? Prior: It's your preference. If you want to make a decision tonight Mr. Mayor our ordinance and our appeal process does not call for a decision on the record. It calls for a decision and that the City Clerk be notified of that decision. My preference is that if the city council can make a decision on those tonight, that would be my preference. But it's your prerogative obviously. Corrie: Council have you had enough time to think about those two appeals? Rountree: I'd like some information from Gary on the subdivision. Just kind of- sorry about that. Maybe we'll talk at a point real soon, but it had to do with - Berg: Thank you Mr. Mayor, Councilman Rountree, the Maws Addition dealt with the concept of single family residential concept detached. Shari probably has the exact plans, but it was brought before the P & z. Prior: I can address the issues in that. I've met with the applicants and our ordinance and I can't recite which ordinance number it was requires a single family detached dwellings. The pressurized irrigation I've received receipts from the applicant showing that they paid well development fund fees for that particular subdivision. That's not an issue. The other thing is that their setbacks do not conform. There are setback problems. There are frontage problems. There are a number of problems. If you turn down their appeal at this point, they are going to be on the agenda very shortly for the conditional use permit as well and the issues can be addressed in addition at that point. So they are not losing any ground by a denial of their appeal tonight. So that clearly can be done and then they'll been giving another shot to you present you additional plans at their r'- ( Meridian City Council spel"tal Meeting July 28, 1998 Page 22 next city council meeting. So if it's your desire to deny their appeal at this point, that's - Stiles: Mr. Mayor and Council the problem with this application, it's - I don't know you can't see anything over here. Maws Addition had a small little remnant piece of property on Adkins Lane. Adkins Lane was a dead end private street until Danberry Fair came in. They've since come in with this application to proposed 8 to 10 duplex units, townhouse units on this property. There's a problem with - there was one annexation ordinance that said they would only be allowed single family detached units as part of the annexation. It was since revised and I don't know the reasons for that revision for the annexation ordinance, but the proposal that they have for the conditional use permit application was they did provide floor plans and elevations. They said if Planning and Zoning Commission decided that they wanted them to meet the ten percent open space requirement, they could do that later. That they could provide the floor plans that would meet setback requirements later. They never did provide those plans. The problem with our ordinance is if a preliminary plat is denied by the Planning and Zoning Commission it's dead. If it's denied, it goes no further. Since they filed a conditional use permit at the same time, the conditional use permit is required to go forward so regardless of whether you grant their appeal or approve with their appeal, the conditional use permit you will see, but the plat will not go forward. It's kind of ridiculous to go forward with the conditional use permit and not the plat. That's kind of where we're at legally. Corrie: You can deny that one at that point. Rountree: I think there were some other research issues that related to the length of time that that property had been in preliminary plat stage and our current ordinances did not necessarily correspond to the information that they had in their early plat dates. My preference would be to deny the appeal at this point and get that whole issue cleared up and let them bring it back through P & Z. I'll move that we deny the appeal on the Maws Subdivision and counsel the applicant to resolve the issues with the dated preliminary plat and the other issues as it relates to attached and detached dwelling units. Bird: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Bird as stated. Any further discussion? All in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: What do you want to do on the Williams' one now? Bird: That's the deal on the Eagle Partners? ( Me~idian City Council spa.,.al Meeting July 28, 1998 Page 23 ( Rountree: I guess I would seek some legal counsel on that. I didn't see a whole lot of merit in the four arguments he made as it related to our current camp plan. Prior: That's purely your decision to decide whether you saw merit or not. If you did not see any merit in their appeal, then obviously you just do the same motion. You deny their appeal and City Clerk Berg will inform both applicants of the nature of their - the denial of their appeal before Friday I hope. Rountree: That was my opinion on it. Prior: We'll need a motion on that however, President Rountree. Bird: Mr. Mayor I make a motion that we deny the appeal of Mr. Williams regarding the Eagle Partners. Rountree: Second. Corrie: Motion made by Mr. Bird and second by Mr. Rountree to deny the appeal of Mr. Williams on the Eagle Partnership. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Bird: Mr. Mayor I make a motion that we adjourn. Rountree: Second. Corrie: Motion made and second that we adjourn. All those in favor say aye. MOTION CARRIED: All ayes. MEETING ADJOURNED AT 7:42 P.M. ATTEST: (TAPE ON FILE OF THESE PROCEEDINGS.) MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA TUESDAY, JULY 28,1998 - 6:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON >( CHARLIE ROUNTREE ab~GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE 1 ~ TABLED JULY 21,1998: REQUEST FOR EXTENSION OF SEPTIC SYSTEM PERMIT BY BRADLEY E. MILLER - 3475 COMMERCIAL COURT: tU~/Jn?ve- ~ ~el/1-~~ ~ ~7-- TABLED JULY 21, 19sr8: REQUEST FOR LIQUOR LICENSE FOR EL ZOCALO BY LINDA OLSON: appr--o v~ TABLED jULY 21,1998: REQUEST FOR BEER & WINE LINCENSES FOR WINGER'S AN AMERICAN DINER BY YICK YEE FAMILY COMPANY: . ~ fl r-o v.f?./ t~U/110 jJ ~ J..f / ld.e /N7/ - hi ~f/ ...p~, DISCUSSION OF WEED ABATEMENT FOR PRdPERTY AT TURTLE CREEK BY LEON BLASER: t/L- prpra V ~ CHANGE ORDER NO.1 - AERATION AND PUMPING FACiliTIES: VVj1;P77JV~. DEPARTMENT REPORTS: 2. 3. 4. 5. 6.