HomeMy WebLinkAbout1998 07-07
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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, JULY 7,1998 -7:30 PeM.
CITY COUNCIL CHAMBERS
ROLL CALL: X RON ANDERSON ;( CHARLIE ROUNTREE
>( GLENN BENTLEY ~ KEITH BIRD
>< MAYOR ROBERT CORRIE
MINUTES OF PREVIOUS MEETING HELD JUNE 16, 1998: dfJl-ove-
1. TABLED JUNE 2, 1998: REQUEST TO HOOK UP TO UNITED WATER BY
HOLY APOSTLES CATHOLIC CHURCH - SOUTHEAST CORNER OF
MERIDIAN ROAD AND CHINDEN BOULEVARD: ap~r&lv.e- WIt-It COlt dfD 'tn7 J
913
2e TABLED JUNE 2, 1998: ORDINANCE ~ - CHANGES TO TITLE 8,
CHAPTER 9, OFFENSIVE MATTER: ~fj7r()v~
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3. TABLED JUNE 2, 1998: ORDINANCE '#7!fI- VENDORS, PEDDLERS AND
SOLICITORS: ar;:;Y'zJve ft'i"J9 ~
4. TABLED JUNE 2, 1998: REQUEST FOR BEER & WINE LICENSE FOR KBC
DEVELOPMENT (ULTRA TOUCH CAR WASH) BY STEVE BAINBRIDGE: CiffJrt;)v~
5. TOM BEVAN ANNEXATION & ZONING ORDINANCE # ~ ?(DISCUSS
PROCEDURE): c;h-; tv~~ Ie fr'-<-f7~ ~1C~{ ~ tTLcf~~
~J9S
6. ORDINANCE # Jq+- CHANGES TO TITLE 7, CHAPTER 5, USE OF THE
PUBLIC SEWERS, SEWER CONNECTION CHARGE AND PENALTIES: ?if'fJYo"~
7. ORDINANCE # ,..-- - ORDINANCE CHANGES WITH CROSS CONNECTION
AND BACKFLOWDEVICES: -h--{;rU ~~ d2dy 2/J?~.
8. PUBLIC HEARING: REQUEST TO AMEND CITY ORDINANCE, FINDINGS OF
FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT
FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK
DEVELOPMENT CORP.:
;:Jrflp~ .;:/;:. { ell.
9. REQUEST FOR LATECOMERS AGREEMENT FOR MERIDIAN BUSINESS
PARK AND INTERSTATE CENTER BY W. H. MOORE COMPANY: a-,~flrvv~
10. REQUEST FOR BEER, WINE AND LIQUOR LICENSE TRANSFER FROM THE
FARMER'S CLUB TO TOM BEVAN (PAISANO'S) BY TOM BEVAN: ~frotr.e....
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11. APPEAL OF PLANNING AND ZONING COMMISSION ACTION FOR
CONDITIONAL USE PERMIT FOR EAGLE PARTNERS LLC BY RICHARD C.
WILLIAMS: -/tL{;Le ~ vtd! 2/ S'p IU~
12. APPEAL OF PLANNING AND ZONING COMMISSION DECISION ON
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR MAWS SUBDIVISION
NO.3 BYTEALEY'S LAND SURVEYING: --Iat;..ee v~? J2d.r.; 2/J'9 N?J-'
D~CUs.~ ~~
13~ ALCOHOLIC BEVERAGES IN THE PARK PERMIT FOR HARLEY DAVIDSON
MOTORCYCLE RALLY BY WALTER SMITH: L~WtJ~ ~ )
14~ WATER I SEWER I TRASH DELINQUENCIES: afjJ'-ov~
15. APPROVE BILLS: d/FprtJlI\Il-
16. DEPARTMENT REPORTS:
1. GARY SMITH:
A. BID AWARD FOR TULLY PARK PUMP STATION. ~v.c.-
MERIDIAN CITY COUNCIL
JULY 7. 1998
The regular meeting of the Meridian City Council was called to order at 7:32 p.m. on
July 7, 1998 by Mayor Robert D. Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Bob Corrie, Gary Smith, Wayne Crookston, Will Berg, Shari
Stiles, Bill Gordon, Kenny Bowers, Brad McOmber, Ben Forrey, Jan Larrea, Steve
Bainbridge, Tom Bevan.
Corrie: Council, you have seen the minutes of the meeting of June the 16th. Are there
any corrections or alterations to those minutes?
Bentley: I have none.
Bird: I have none.
Rountree: None.
Anderson: None.
Corrie: I will entertain a motion of their acceptance.
Bird: Mr. Mayor, I move that we accept the minutes from the June 16th meeting.
Rountree: Second.
Corrie: Motion made and second to accept the minutes of June 16th meeting. Any
further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO.1: TABLED JUNE 2,1998: REQUEST TO HOOK UP TO UNITED WATER
BY HOLY APOSTLES CATHOLIC CHURCH - SOUTHEAST CORNER OF MERIDIAN
ROAD AND CHINDEN BOULEVARD:
Corrie: Is there a representative here today?
Larrea: Jan Larrea, Holy Apostles representative, and we stiU want to have permission
to hook up to United Water. It seems the most reasonable at the time. You granted
permission to Friendship Celebration Church on April 7th for about the same thing that
we're doing to hook into United Water. So it's kind of a precedence that's been set.
United Water will be able to serve us. We could probably get water to the area by fall.
And so we can make our plans at that point. For Meridian it would be best if you let
United Water do it and start collecting the franchise fees on it and concentrate in a more
Meridian City Council Regular Meeting
July 7, 1998
Page 2
populated area on your water service. According to those minutes of April 7th you might
not be out there for nine years. Well, that's a long time to hold anybody up. So we still
request that you let us get service from United Water for our fire and domestic use, and
being it's a church, you know, the City of Meridian will have no tax base. We don't pay
property taxes so it's not - you're not gaining anything because we wont' have a tax
base and neither wiU that other church. So, is there any questions for me?
Corrie: Thank you very much. Council, questions for staff? Discussion?
Rountree: Mr. Mayor, I would just have a question or a statement from Gary maybe if
he would review the notes from the planning session and refresh my memory what
Councilman Anderson suggested in the way of action on this.
Smith: Okay, thank you Councilman. Mayor and Councilmen, I think what we talked
about in the planning session was that because Highway 20-26 is a major highway,
water service will be extended along both sides of the roadway, and at this point as I
understand United Water's attitudes is that they want to extend their service area along
the north side of Chinden Boulevard. In fact west of where this church is going to be
located. The suggestion by Councilman Anderson at our planning session was to allow
the service to the church -to originate from the United Water's main line along the north
side of Chinden. Such that it is a service line, that it provides the fire protection required
as well as the domestic service requirement, that it would most likely be bored under the
highway for connection to the United Water mainline and then at the point at the City of
Meridian is in the area and as our services our water lines extended to the area, it would
be a disconnection from United Water and a connection to City of Meridian. The valving
could be arranged such that this wasn't an extreme measure expense wise. I think our
water superintendent suggested that the site plan for the church be reviewed such that
the waterline was stubbed back out to Meridian Road so that it would be easily
connectable to Meridian Road. When we get to that point of extension of waterlines to
Chinden, we will not only extend in a north south direction on Meridian Road and all the
other north south section line roads, but we'll have to extend east and west and tie
those extensions together so they're loops and not dead ends, so in effect we will have
a water system by the City of Meridian if that's the way it continues. On the south side
of Chinden and on the north side of Chinden will be water service by United Water and
as I remember it those were the comments that Councilman Anderson made and I
suppose the only thing that we didn't talk about that would need to be resolved would be
what we call connection fees, the assessment fees to connect to the system and since
we don't assess for fire protection per say as a connection fee, we assess for domestic
water use and for sprinkling of landscape areas. I don't know what the domestic use is
estimated to be but they will need to pay with United Water, they would have to pay an
assessment or a connection fee, I assume.
Rountree: Thanks Gary.
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Meridian City Council Regular Meeting
July 7, 1998
Page 3
Smith: You're welcome.
Rountree: Now I remember everything you said.
Anderson: I hope I can make that motion a lot shorter.
Corrie: Any other further discussions of the Council?
Bird: I have none.
Bentley: None.
Corrie: I'll entertain a motion on this request.
Anderson: Mr. Mayor, I would make a motion that we allow the Holy Apostolic Church
at the south east corner of Meridian Road and Chinden to be serviced by United Water
for the purposes of domestic water and fire protection in a single service only with no
extension of water main by United Water into Meridian's impact area.
Bird: Second it.
Corrie: Motion made by Mr. Anderson and seconded by Mr. Bird to accept the request
with a single service hook-up only from United Water. Any further discussion?
Bentley: Do we need to include the stubbing for future hook-ups for the City of Meridian
into this motion?
Corrie: It's up to you, you can put it in there, they said they were going to do that-
Bentley: I think we should have it included in there.
Corrie: If you want to put it in there you can.
Anderson: I would amend the motion then to include the hook-up to be stubbed out for
future connection by the City of Meridian's water system.
Bird: I'll second that amendment.
Corrie: Further discussion? Motion is to accept the request to be hooked up to City
water by - excuse me, single service only hook-up stub with the property. Any further
discussion?
Rountree: None.
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Meridian City Council Regular Meeting
July 7, 1998
Page 4
Corrie: All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #2: TABLED JUNE 2, 1998: ORDINANCE #793 - CHANGE TO TITLE 8,
CHAPTER 9, OFFENSIVE MA TIER:
Corrie: Council, what is your pleasure on this one for?
Bentley: Mr. Mayor, I have a question for the Chief. Have you reviewed and do you
concur with the changes?
Gordon: Yes, I have.
Bentley: And you do?
Gordon: (Inaudible - away from microphone)
Bentley: Thank you.
Corrie: Okay, hearing that is there any more questions that the Council has?
Rountree: I have none.
Corrie: Okay then the Ordinance #793 is an ordinance of the City of Meridian amending
section 8-907 title 8, chapter 9, offensive matter for changes hereto of the revised and
compiled ordinances of the City of Meridian (inaudible) effective date. Is there anyone
from the audience that would like to have Ordinance #793 read in its entirety? Hearing
none. Council, I'll entertain a motion on Ordinance #793.
Bentley: Mr. Mayor, I move we approve and accept the Ordinance #793 with the
suspension of rules.
Rountree: Second.
Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to accept Ordinance #793
with the suspension of rules. Any further discussion? Roll call vote.
ROLL CALL VOTE: Mr. Anderson - yea, Mr. Bentley - yea, Mr. Rountree - yea, Mr.
Bird - yea.
MOTION CARRIED: All yea.
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, JULY 7, 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 JUNE 16, 1998: (APPROVED)
1. TABLED JUNE 2, 1998: REQUEST TO HOOK UP TO UNITED WATER BY
HOLY APOSTLES CATHOLIC CHURCH - SOUTHEAST CORNER OF
MERIDIAN ROAD AND CHINDEN BOULEVARD: (APPROVE WITH
CONDITIONS)
2. TABLED JUNE 2, 1998: ORDINANCE #793 - CHANGES TO TITLE 8,
CHAPTER 9, OFFENSIVE MATTER: (APPROVE)
3. TABLED JUNE 2, 1998: ORDINANCE #794 - VENDORS, PEDDLERS AND
SOLICITORS: (APPROVE)
4. TABLED JUNE 2, 1998: REQUEST FOR BEER & WINE LICENSE FOR KBC
DEVELOPMENT (ULTRA TOUCH CAR WASH) BY STEVE BAINBRIDGE:
(APPROVE)
5. TOM BEVAN ANNEXATION & ZONING ORDINANCE #..11.!e.. '(DISCUSS
PROCEDURE): (CITY ATTORNEY TO PREPARE ANNEXATION & ZONING
ORDINANCE)
6. ORDINANCE #795 - CHANGES TO TITLE 7, CHAPTER 5, USE OF THE
PUBLIC SEWERS, SEWER CONNECTION CHARGE AND PENALTIES:
(APPROVE)
7. ORDINANCE # - ORDINANCE CHANGES WITH CROSS CONNECTION
AND BACKFLOW DEVICES: (TABLE UNTIL JULY 21ST MEETING)
8. PUBLIC HEARING: REQUEST TO AMEND CITY ORDINANCE, FINDINGS OF
FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT
FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK
DEVELOPMENT CORP.: (PREPARE FINDINGS OF FACT & CONCLUSIONS
OF LAW)
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9. REQUEST FOR LATECOMERS AGREEMENT FOR MERIDIAN BUSINESS
PARK AND INTERSTATE CENTER BY W. H. MOORE COMPANY:
(APPROVE)
10. REQUEST FOR BEER, WINE AND LIQUOR LICENSE TRANSFER FROM THE
FARMER'S CLUB TO TOM BEVAN (PAISANO'S) BY TOM BEVAN:
(APPROVE)
11. APPEAL OF PLANNING AND ZONING COMMISSION ACTION FOR
CONDITIONAL USE PERMIT FOR EAGLE PARTNERS LLC BY RICHARD C.
WILLIAMS: (TABLE UNTIL JULY 21ST MEETING)
12. APPEAL OF PLANNING AND ZONING COMMISSION DECISION ON
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR MAWS SUBDIVISION
NO.3 BY TEALEY'S LAND SURVEYING: (TABLE UNTIL July 21st meeting)
13. DISCUSSION CONCERNING ALCOHOLIC BEVERAGES IN THE PARK
PERMIT FOR HARLEY DAVIDSON MOTORCYCLE RALLY BY WALTER
SMITH: (PERIMETERS SET)
14. WATER I SEWER I TRASH DELINQUENCIES: (APPROVE)
15. APPROVE BILLS: (APPROVE)
16. DEPARTMENT REPORTS:
1. GARY SMITH:
A. BID AWARD FOR TULLY PARK PUMP STATION. (APPROVE)
Meridian City Council Regular Meeting
July 7, 1998
Page 5
ITEM #3: TABLED JUNE 2,1998: ORDINANCE #793 - VENDORS, PEDDLERS AND
SOLICITORS:
Bentley: Mr. Mayor, question for the Chief, have you reviewed and concurred with
these changes?
Gordon: Mr. Mayor and Councilman Bentley, yes I have, I don't have any problems.
Bentley: Thank you.
Corrie: Any other questions? Ordinance #793 is an ordinance of the City of Meridian
repealing chapter 10, title 3 of the revised and compiled ordinances of the City of
Meridian reenacting said chapter 10, title 3 of the revised and compiled ordinances of
the City of Meridian to read as set forth below and which includes provisions for the
following sections 3-1001 purpose, 3-1002 jurisdiction, 3-1003 definitions, peddler or
vendor, solicitor, 3-1004 license required, 3-1005 exemptions, 3-106 application, 3-107
investigation of the applicant, 3-1 008 bond requirement, 3-1009 license fees, 3-1010
issuance, denial, and exhibit of the license, 3-1011 restrictions, 3-1012 unlawful
conduct, no license hereunder shall, 3-1013 revocation of the license, 3-1014 penalty,
and 3-1015 constitutionality and providing for an effective date. Is there anyone from
the ordinance that would like to have Ordinance #793 read in its entirety? Hearing
none. I'll entertain a motion from the Council.
Rountree: Mr. Mayor, I move that we approve Ordinance #793, vendors, peddlers and
solicitor with suspension of rules.
Anderson: I'll second that.
Corrie: Motion made by Mr. Rountree, second by Mr. Anderson to accept Ordinance
#793 to be approved with suspension of rules. Further discussion? Roll call vote.
ROLL CALL VOTE: Mr. Anderson - yea, Mr. Bentley - yea, Mr. Rountree - yea, Mr.
Bird - yea.
MOTION CARRIED: All yea.
ITEM #4: TABLED JUNE 2,1998: REQUEST FOR BEER & WINE LICENSE FOR
KBC DEVELOPMENT (ULTRA TOUCH CAR WASH) BY STEVE BAINBRIDGE:
Corrie: Is Steve here tonight?
Bainbridge: Steve Bainbridge from Ultra Touch Car Wash. We're applying for a beer
license and a wine license, we've been approved through the state and the county and it
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Meridian City Council Regular Meeting
July 7, 1998
Page 6
was tabled on June 2nd and I guess there was some confusion at the beginning when I
talked to Will on the first of June, he was going to talk to the Police Chief and try to get it
into the meeting for June 2nd and apparently the Chief didn't look at the information and
it was tabled on June 2nd.
Bentley: Mr. Mayor, I think the real reason it was tabled because there was some
discussion and questions.on whether this was brought about in the beginning when the
original condition use came forth on whether this was going to have convenience store
features in it or not and we requested the minutes be brought forth from the hearings
that were held and as it states here, as you stated, there will be some conveniences in
the store for our customers, we will have drinks, there will be a coffee bar similar to what
Gnu-Look and Boise West has for a lobby inside. Shari Stiles asked, it's not
somewhere where people will come and pick up milk and eggs and your response was
no, we will have snack items there it will be basically all snack items, at no time was
there any - I think the question was there was never any indication that there would be
beer and wine sales there.
Bainbridge: Well I guess going back to being a convenience for our customers and
talking about the drinks, with a gas station and a car wash it's unique, our lobby is not -
I guess it's interpretation of what a convenience store is. I feel we're on the borderline
and we're not 24 hours, we're only open until 10:00 at night, I don't sell dog food or tuna
fish or pork n' beans or diapers or anything like that. I have three condoles and
everything is snack items in there and I do have a selection of waters, pop, that type of
items. We also have fountain drinks and we do have the espresso bar but as far as the
beer we're looking to satisfy our gas customers and the wine was more of a novelty item
for gifts, we do have gifts and cards in there as well so I guess it's the interpretation of
what a convenience store is, in my eyes it's not a convenience store.
Bentley: The question I had was how would the public testimony be affected had they
known that there was going to be beer and wine there along with the facilities that
you've provided, I just have a question on that.
Bainbridge: As how the public would -
Bentley: Would the testimony have come out against having beer and wine there as
part of the permit process for your project?
Bainbridge: As far as people around the area or total public overall?
Bentley: Well just -- public testimony is open to everyone. I don't know how they would
have reacted and that was my question as to what the reaction would have been.
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Meridian City Council Regular Meeting
July 7, 1998
Page 7
Bainbridge: Well I guess I'm going back to the convenience for our gas people is they
want to come in and have some convenient items in there and that's one of the items
and I guess as far as applying or telling you about the beer and the wine, it just never
came up.
Bentley: That's alii have, thank you.
Corrie: Any other questions?
Rountree: I have a question for Shari, that the issue was what is a convenience store
and does this cross that line or is there a line drawn in the sand about what a
convenience store is and if it's clear that this would fall in our definition of a convenience
store it seems to me that a conditional use permit would have to be applied for, if it's not
clear then I think our paths also chartered for us.
Stiles: This is an old ordinance, will you give me just a minute to grab the new one?
Rountree: Just a minute.
Anderson: Mr. Mayor, question for Police Chief Gordon then, have you had a chance to
review this now then since the other meeting and do you have any comments?
Gordon: Mr. Mayor and Councilman Anderson, I've done a thorough background
investigation on all of the parties involved and haven't found any reason why we
shouldn't issue (inaudible - away from mike)
Anderson: Thank you.
Stiles: Mr. Mayor and Council, Councilman Rountree, convenience store definition is a
store offering goods including gasoline for sale at retail. The offering for sale of services
or goods pertaining to the repair or servicing of vehicles shall r10t be included within this
definition of convenience store. I guess when we were going through the process and
having gone to the other car washes and seen that they were not selling beer and wine
that never occurred to me that they would be proposing that later, I mean even what
he's offering now puts it pretty much in the definition of a convenience store.
Anderson: Well maybe my train of logic here is incorrect but our definition says any
store that offers for sale such items as gasoline, we've already approved that so it
seems to me that we've approved it as a convenience store.
Stiles: Irs totally up to Council how they want to -
Meridian City Council Regular Meeting
July 7, 1998
Page 8
Rountree: I don't know if that's kind of a disjointed view of that whether council has
anything to offer on that or not.
Corrie: By recollection Council, doesn't the Chevron station sell beer and wine too as
well?
Rountree: Yes.
Corrie: Any further questions?
Rountree: I have none.
Bird: I have none.
Rountree: Mr. Mayor, I would move that we approve the request for the beer and wine
license for KBC Development, Ultra Touch Car Wash.
Bird: Second.
Corrie: Motion made by Mr. Rountree and second by Mr. Bird to accept the request for
beer and wine license for KBC Development, Ultra Touch Car Wash. Any further
discussion? Hearing none. All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #5: TOM BEVAN ANNEXATION & ZONING ORDINANCE #
PROCEDURE):
? (DISCUSS
Corrie: Council, last 16th we did approve the annexation and zoning and then we went
ahead and approved the conditional use permit as a part of it so we've kind of gone
backwards on that one and we probably what we need -Counselor, we need to direct
you - we have to have an attorney draw up the ordinance for annexation and zoning so
do we need to go back and take that off the records and then go back and do it right, or
how does the Counsel want to proceed with it?
Crookston: I believe that the Council should cancel and revoke the action taken on the
16th because the annexation and zoning was taken out of turn I guess you would say
and I think that you should revoke that and cancel that action, likewise revoke the
conditional use permit, then you would take action to adopt an ordinance if that was
prepared we do need the proper legal description on it though and then we could move
forward on it.
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Meridian City Council Regular Meeting
July 7, 1998
Page 9
Corrie: Alright so if we do that then we would just go ahead and approve the
annexation and zoning again and then have the annexation and zoning ordinance
prepared?
Crookston: First of all you need to revoke and cancel.
Corrie: Right, that's what I mean.
Rountree: Mr. Mayor, I would move that we cancel and revoke the action taken on the
Tom Bevans annexation and zoning.
Bird: 1111 second it.
Corrie: Motion made and second that we cancel and revoke the annexation and zoning
on the 16th because of the wrong verbiage. Any further discussion? All those in favor of
the motion say aye.
MOTION CARRIED: All aye.
Corrie: Okay Charlie, second part.
Rountree: Mr. Mayor, I would move that we cancel and revoke the conditional use
permit approved on the meeting of the 16th for the Chelsea conditional use permit.
Bentley: Second.
Corrie: Motion made by Mr. Rountree, second by Mr. Bentley to cancel and revoke the
CUP that was voted on in the June 16th meeting. Any further discussion? All those in
favor of the motion say aye.
MOTION CARRIED: All aye.
Corrie: Okay, part three Charlie.
Rountree: Mr. Mayor, I move that we direct Counsel to prepare an annexation and
zoning ordinance for the Bevans' annexation.
Bentley: Second.
Corrie: Motion's made and seconded that we have the attorney prepare the ordinance
for the annexation and zoning. Any further discussion? All those in favor of the motion
say aye.
Meridian City Council Regular Meeting
July 7, 1998
Page 10
MOTION CARRIED: All aye.
Corrie: Now we need to - yeah, well, we've revoked it so the CUP will not be until the
next meeti n9 anyway.
Rountree: The next meeting I assume we would approve the annexation and the CUP.
Corrie: We'll put them back on the agenda, right.
Rountree: Mr. Mayor, if the Bevans' are here we need to explain that we need a proper
legal description. '
Corrie: Have you followed what we've done here now or -
Bevan: Actually, no.
Corrie: What we did, they got your annexation and zoning approved, then they read the
verbiage from the CUP on the decision and that was -- then they forgot to go ahead and
have the attorney write up the annexation ordinance and then we went ahead and did
the CUP, we can't do that until after we have the annexation ordinance and pass that
and then do the CUP so it's going to happen but ifs going to be the next meeting and
we do need a description of the property. .
Bevan: It wasn't in the package?
Crookston: There is - the application says that you want to have 1.8 acres annexed,
the legal description is 2.57 acres, all I need is the proper legal description, I assume of
the 1.88 acres because I'm also assuming that there's land that's already a part of the
City is that not correct?
Bevan: Yes, I believe so. The 1.88 is the size.
Crookston: Right, but we need a proper description of the 1.8 acres.
Bevan: I'll get with my.architect and we'll get that over to you then.
Crookston: That'd be fine.
Bevan: Thank you very much.
Corrie: Thank you, sorry for the mix-up, just delayed it two weeks.
Bevan: That's fine.
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Meridian City Council Regular Meeting
July 7, 1998
Page 11
ITEM #6: ORDINANCE #795 - CHANGES TO TITLE 7, CHAPTER 5, USE OF THE
PUBLIC SEWERS, SEWER CONNECTION CHARGE AND PENALTIES:
Smith: Mr. Mayor, Council Members, I reviewed during the time you were in executive
session, I reviewed the ordinance that was prepared by City Attorney, compared that to
the request by our Wastewater Superintendent and all of the requests and changes
have been included in the ordinance as presented to you. This deals primarily with -
well one of the important items in this change has to do with the grease trap situation
that we're faced with.
Bird: What ordinance number is this?
Corrie: Weill give you an ordinance number whenever we decide that we want to do it.
So has all the - everything's been read in there and it's all the way it should be?
Smith: Yes sir, it shows as it was presented by the Wastewater Department.
Corrie: Okay. Any further questions Council?
Rountree: Just give us a number.
Corrie: 795.
Bird: Mr. Mayor, I move that we -
Corrie: Let me read it first. Ordinance #795 is an ordinance of the City of Meridian
repealing section 518 0-8 and 7518 F in chapter 5, title 7, use of the public sewers of
the revised and compiled ordinance of the City of Meridian and reenacts section 7-518
027518D8 and 7518F chapter 5, title 7, use of public sewers and amending section 7-
535, sewer connection charges and section 754, penalties of the revised and compiled
ordinance of the City of Meridian and providing an effective date. Is there anyone from
the audience that would like to have Ordinance #795 read in its entirety. Council, I'll
entertain a motion on Ordinance #795.
Bird: Mr. Mayor, I would move that we pass the use of public sewer connection charge
and penalties in title 7, chapter 5 with the suspension of rules.
Anderson: Second.
Corrie: Motion made by Mr. Bird, second by Mr. Anderson to accept Ordinance #795
with suspension of rules. Any further discussion? Roll call vote.
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Meridian City Council Regular Meeting
July 7, 1998
Page 12
ROLL CALL VOTE: Mr. Anderson - yea, Mr. Bentley - yea, Mr. Rountree - yea, Mr.
Bird - yea.
MOTION CARRIED: All yea.
ITEM #7: ORDINANCE # -- ORDINANCE CHANGES WITH CROSS
CONNECTION AND BACKFLOW DEVICES:
Smith: Mr. Mayor, Council Members, I would request that you table this ordinance to
the next council meeting.
Bentley: So moved.
Bi rd: Second.
Corrie: Motion made by Mr. Bentley, second by Mr. Bird to table this ordinance until
July 21st. All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #8: PUBLIC HEARING: REQUEST TO AMEND CITY ORDINANCE" FINDINGS
OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT
FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK
DEVELOPMENT CORP.:
Corrie: So at this time I'll open the public hearing and invite Mike to come up and
address the council.
Crookston: Would you state your name please.
Ballantyne: Mike Ballantyne, 2690 North Mule Deer, Meridian, Idaho.
MIKE BALLANTYNE WAS SWORN BY THE CITY ATTORNEY.
Ballantyne: Mr. Mayor and members of the Council, the owners of Troutner Business
Park would request that the City Council waive the conditional use requirement for
Troutner Business Park with the exception of the lots that are zoned limited office that
abut the residential to the west, we in meeting with staff have agreed that for the sake of
protecting those residences we would agree to maintain the conditional use requirement
there but with the rest of the project having the C-G zoning and the fact that we are not
in the - we were not in mixed use designation when we were approved but we were
rather existing urban and hopefully the fact that we have proven that we intend to build
a quality project, based on those items we request that you would waive that
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Meridian City Council Regular Meeting
July 7, 1998
Page 13
requirement and amend the Findings of Fact and Conclusions of Law and the
Development Agreement between Troutner Business Park Development Corporation
and the City.
Corrie: Any questions of Council for Mike? Thank you Mike. Is there anyone from the
public that would like to issue testimony in this?
Crookston: Would you state your name and address please.
Forrey: My name is Ben Forrey, 3045 Thane Place.
BEN FORREY WAS SWORN BY THE CITY ATTORNEY.
Forrey: Mayor Corrie, members of the Council, 11m here this evening on behalf of my
family, we are developers of a business park here in Meridian and we support the
Troutner Business Park and their request for amendment this evening. In our
experience as business park developers we have seen first hand how businesses that
want to locate in Meridian look at the Meridian City Zoning Ordinance and the way the
ordinance is set up in the book thafs available to the public it shows the particular zone
in all the permitted uses to the left hand side and a real easy to find chart, it shows a "P"
if ifs permitted and a lie" if it's a conditional use. When the potential business
approaches the business park developers such as Mr. Ballantyne, the Troutner
Business Park, it says we'd like to develop and they say this is a permitted use and then
the developer says well actually you have to go through a conditional use process.
Quite often, and I've seen this first hand in our particular park that we're developing and
many others, that particular business will choose to leave Meridian and explore different
sites such as Boise, Garden City, Nampa, Caldwell, and this is a great loss to the
community of Meridian to turn away a business. For this reason we urge you to
approve the request by the Troutner Business Park, this allows Meridian to attract new
businesses and strengthen the tax base and everyone wins when we allow businesses
to come into the City of Meridian. Thank you.
Corrie: Thank you. Is there anyone else who would like to address the Council in the
public hearing? Council, at this point I'll close the public hearing and have feedback
from the Council, questions, discussion.
Rountree: Mr. Mayor, I believe that this request was partly if not totally due to Shari's
involvement with this and I for one think it's a good step in the right direction in terms of
customer service to folks that are coming to Meridian and providing us a quality product,
I appreciate Shari's effort and Mike as well.
Corrie: You've done a good job Mike.
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Meridian City Council Regular Meeting
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Page 14
Bentley: I would concur with that, I think they've worked well together and they have a
put a good project together.
Corrie: Any further discussion? We'll proceed on those basis then Mike.
Rountree: We need Findings and Facts.
Corrie: Findings on this one so -
Rountree: I move that we have Findings of Fact and Conclusions of Law prepared for
item #8 request to amend city Ordinance Findings of Fact and Conclusions of Law and
the Development Agreement for Troutner Business Park by Troutner Business Park
Development Corp.
Bentley: Second.
Corrie: Motion made by Mr. Rountree, second by Mr. Bentley on the stated motion. Is
there any further discussion? Hearing none. All those in favor say aye.
MOTION CARRIED: All aye.
ITEM #9: REQUEST FOR LATECOMERS AGREEMENT FOR MERIDIAN BUSINESS
PARK AND INTERSTATE CENTER BY W. H. MOORE COMPANY:
Corrie: Is there a representative from the company here tonight? I believe there's a
letter here from W. H. Moore and a memo also from Gary on this.
Smith: Yes sir. Mr. Mayor, Council Members, the memo that I sent over, if you have a
copy of it in your packet it's dated July 1 st, I think that pretty well explains what their
request is dealing with and it's a typical extension of services that will provide service to
others besides the developer in question and it's an effort for them to recover some of
their costs for that oversizing extension.
Bird: Gary, don't we have a standard latecomers fee in line right now that we could take
care of this with?
Smith: We have a standard format for the latecomers agreement but that is just a - by
ordinance the City Council has to approve that the City enter into an agreement with the
developer and we will have to generate the figures for the actual fees which we can do.
Thank you.
Corrie: Any further discussion, questions? Hearing none, I'll entertain a motion.
Meridian City Council Regular Meeting
July 7, 1998
Page 15
Bird: Mr. Mayor, I make a motion that the City of Meridian enter into a latecomer's
agreement for Meridian Business Park and Interstate Center with the W. H. Moore
Company.
Anderson: Second.
Corrie: Motion made by Mr. Bird, second by Mr. Anderson that the latecomers
agreement for Meridian Business Park and Interstate Center by W. H. Moore Company.
Any further discussion? Attorney?
Crookston: Do you wish the legal department to prepare that agreement?
Bird: Yes, the Legal Department to prepare that agreement.
Corrie: Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All aye.,
ITEM #10: REQUEST FOR BEER, WINE AND LIQUOR LICENSE TRANSFER FROM
THE FARMER'S CLUB TO TOM BEVAN (PAISANO'S) BY TOM BEVAN:
Corrie: Council, there's a letter here, did you all get that one about the -- Tom?
Bevan: Yes, we're just requesting a transfer from City of Meridian to allow us to transfer
our beer, wine and liquor license from Farmer's Club to Paisano's. Bill and Lynn's,
you'd probably be familiar with Bill and Lynn's, it used to be over here, went into the
Farmer's Club and we're just moving our license from Farmer's Club into Paisano's
Italian restaurant. They've had beer and wine sales there before since they've opened
and now welre just adding liquor by the drink. There was one church that's near
Paisano's and the City Council allowed them an exemption if the church didn't mind and
they did nit have a problem with it on the beer and wine, now we're just doing the same
thing with liquor by the drink.
Corrie: We've got a letter from the minister of the church that they have no objections to
that.
Bevan: That is correct, yes. Any other questions?
Rountree: I have none.
Bird: I have none.
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Meridian City Council Regular Meeting
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Page 16
Bentley: Mr. Mayor, I have a question for the Chief. Mr. Chief, have you reviewed this
application and have any problems with it?
Gordon: Mr. Mayor and Councilman Bentley, I have reviewed it and (inaudible - away
from mike)
Bentley: Do we -I have a question that's been in the back of my mind, do we have any
restrictions on serving drinks on the sidewalk?
Gordon: None if it's described in the premise application with the state, no, and I think it
is at Paisano's because they're serving the beer and the wine out there now.
Bentley: Okay that's fine.
Gordon: That's included as part of the premise on the actual application so -
Bentley: Okay, I just wanted to check on that so we didn't back into something here.
Okay, thank you.
Corrie: Any further discussion? I'll entertain a motion for the request.
Bentley: Mr. Mayor, I would move that we approve the request for the transfer of the
beer and wine liquor license from the Farmer's Club to Paisano's.
Bird: Second.
Corrie: Motion made by Mr. Bentley, second by Mr. Bird to accept the request for the
beer, wine and liquor license transfer for Farmer's Club to Tom Bevan, Paisano's. Any
further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #11: APPEAL OF PLANNING AND ZONING COMMISSION ACTION FOR
CONDITIONAL USE PERMIT FOR EAGLE PARTNERS LLC BY RICHARD C.
WILLIAMS:
Corrie: I don't see Mr. Williams here tonight. Shari, Dick Williams item #11?
Stiles: I phoned (end of tape) - he wasn't informed of the meeting tonight and in lieu of
the fact that Eagle Partners has requested that they not go to public hearing until the
21 st, he'd like that all to be on the same night so if we could table this appeal until Eagle
Partners is actually up before the Council on a public hearing -
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Crookston: Our ordinance says that we do not have a public hearing on an appeal.
Stiles: I realize that. He knows that there's no public hearing on the appeal but Eagle
Partners is going to City Council as a public hearing for their annexation and zoning and
conditional use permit on the 21st and he would rather do that all the same evening.
Crookston: I see. That'd be fine.
Stiles: Okay.
Corrie: Technically, we haven't even seen it yet, I mean we've got his appeal on paper
but we haven't even seen the Findings of Fact yet.
Stiles: That's correct. It was originally scheduled to be on the 7th but Eagle Partners
requested that it be deferred until the 21st.
Bentley: Mr. Mayor, I just move that we table this until 7-21.
Bird: Second.
Corrie: Motion made by Mr. Bentley, second by Mr. Bird that we table the appeal until
July 21 st of this year, any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #12: APPEAL OF PLANNING AND ZONING COMMISSION DECISION ON
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR MAWS SUBDIVISION NO.3
BY TEALEY.S LAND SURVEYING:
Corrie: There.s a request that that be tabled until the 21st as well.
Bentley: So moved.
Rountree: Second.
Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we table this request
for appeal till the 21 st of July. Any further discussion? All those in favor of the motion
say aye.
MOTION CARRIED: All aye.
ITEM #13: ALCOHOLIC BEVERAGES IN THE PARK PERMIT FOR HARLEY
DAVIDSON MOTORCYCYLE RALLY BY WALTER SMITH:
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Meridian City Council Regular Meeting
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Page 18
Corrie: We'll let you talk and then we'll get the Chief to talk and then we'll go from
there.
Brown: My name is Ron Brown, I am the Chapter Director for Intermountain Chapter of
the local chapter, I am also the State Rally Director and it's a combination of local and
state that's doing this rally right here in town. The wine and beer permit what we've
asked for is we're going to have a few people camping down in the ball field, they will be
probably - Kenny's going to open the concession stand a little early Saturday afternoon,
they'll be eating and might wander back down to their tent and might have a beer in their
hand and we just want to be covered and we're not looking for any big drunken brawls
and as a matter of fact the Christian Motorcycle Association is going to be in the park at
that end of the park providing security for the camp sites during the day because first
thing Saturday morning everybody will take off and take a tour of the valley leaving their
tents and campgrounds basically unattended so CMA will be there as our watchdog so
by just it's nature this group isn't going to be a big party scene, probably be in bed mad
that the cars are still making noise and your noise ordinance isn't at 9:00 so I don't really
see a problem.
Bentley: Chief, your input.
Gordon: Mr. Mayor, Councilman Bentley, my opinion of this rally hasn't changed a bit.
don't foresee any major problems, I've talked to Mr. Brown and Mr. Smith, they're
providing their own security, I really don't anticipate any of our Kawasaki's to be mixing
with the Harley Davidson's.
Bentley: We could have some Kawi-Davidson's.
Gordon: I think Tom Kuntz had a problem with the curfew on the park but as far as the
alcohol goes, the City Clerk and I have talked about this and I think we can cover that.
Bentley: Okay, thank you.
Rountree: Mr. Mayor, I'd like to have Park Director Kuntz give us some enlightenment.
Kuntz: According to our park ordinance, city park's close at midnight. I would like
authorization from the Council tonight to allow the motorcycle group to stay overnight in
the park on Friday and Saturday night, there will be a fee attached to that as far as
clean-up and maintenance afterwards.
Rountree: Any comment with respect to issuing a permit for the consumption of
alcoholic beverages?
Kuntz: No, I don't have any concerns.
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Meridian City Council Regular Meeting
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Page 19
Corrie: J guess Tom, what you're asking for is a variance from the ordinance, is that
correct?
Kuntz: I'm asking for permission to allow this group to spend two nights supervised in
Storey Park.
Bentley: Mr. Mayor, if I remember correctly we had this discussion several months ago
and we approved it then.
Corrie: I just wanted to remind you so that you know about it, okay.
Kuntz: I will add that we're meeting with the motorcycle rally tomorrow at 10:30 to go
over all the ins and outs and I feel real comfortable with working with this group.
Corrie: I don't think we have any problems at all, myself.
Brown: Excellent, thank you.
Anderson: What's the date, I forgot.
Brown: This weekend.
Brown: They should line up at about 4:30 Saturday afternoon, right in front of the dairy
barn and that's about the only time they should all be there at one time and there will be
somewhere between 250 and 400, that's about all we know until they start rolling in, we
don't have a clue. Thank you.
Corrie: Alright, do we need a - I'd say we don't need anything on that one.
Bird: Mr. Mayor, I think you do if they're going to have alcohol down there because no
permit shall be issued allowing consumption or possession of alcoholic beverages in the
park for a period longer than six hours in anyone 24 hour period.
Corrie: I think they were going to work that out, they were going to do six hours and that
was all they were going to do, they were going to-
Rountree: So from six till midnight -
Bird: Is that the only time they're going to allow beer in there?
Corrie: Well it's the only time they'll be able to in a six-hour period.
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Meridian City Council Regular Meeting
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Page 20
Bird: I mean I have no problems with it but it is - this is what this states, within a 24-
hour and I can't see them controlling it in a six hour period.
Brown: What I was thinking would be six -- Friday evening and then just Saturday
evening, two six hour windows.
Bird: Yeah, but within a 24-hour - you're going to do it from six to twelve then?
Brown: Yeah.
Bird: Okay, what about three to five? You're going to have guys down there with
alcohol. All I'm saying is we've got to either give this condition or something because
your ordinance says right in here not over six hours in any 24-hour period and you can't
tell me that they're going to not - if a guy wants a beer and walk around there three or
four o'clock in the afternoon that he isn't going to do it, and it's no problem on my part
but-
Bentley: What he's telling us is that they're not going to.
Brown: (Inaudible) six hour window.
Bird: Each person picks there six hour window, well our ordinance doesn't say that,
that's the only thing I'm saying.
Brown: Friday evening I don't think will be any problem because I really don't expect
anybody to be there till between five and six and quite frankly I really don't think since
there's no lighting down there, I think that at dusk they'll just go to bed. The people that
are going to camp aren't going to be the ones that are going to party, the ones that are
going to party are going to be staying at the motels, quite frankly, because they can
walk back to their motel room and they'lI- that's a nice grassy area but it's going to be a
fair hike to the bathroom and I don't think they're going to get too carried away because
there's not even a tree there so I mean - it'll work. But Saturday I don't - to answer
your real concern, Saturday afternoon when they get back at 4:00-
Bird: It's not a concern of mine, I have no problems with it but you've got an ordinance
here that we have to live by and our police officers will have to enforce it if we don't do
something about it, am I not right Chief?
Gordon: Yes sir, you are.
Bird: So you know we can't make exceptions without doing something like this.
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Meridian City Council Regular Meeting
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Page 21
Brown: When I talked to Hamilton in the first place, he implied that his lease on the
racetrack included the area around the upper barns.
Bird: That isn't City property to start with, thafs Meridian Dairy Show and his lease has
- his license goes down to where our baseball field is, he leases that from the City so
his license is - you can use his license there but what I'm talking about is if you're
camping in where the baseball field is that is city park, that has no license on it and
that's where this six hour deal comes in.
Brown: I would think that we would be fine basically writing up from five to eleven both
nights and we'll just tell them hey please observe these time frames and I think most
people - I don't think there will be a problem.
Bentley: Or do stand on Kenny's lease property line and drink it.
Bird: Yeah, go get on Kenny's-
Bentley: Go get on the dirt.
Bird: Yeah just go up there by the dairy show barn, anyplace up there, that's private
property.
Brown: As I understand it, the parking lot that adjoins the ball field is Kenny's so all we
have to do is -
Bird: Yes, just go right over there.
Bentley: Stay over there.
Bird: That's Bill Hahn's.
Corrie: So you know the conditions of it and you can tell them and take care of it.
Brown: I'll fill out the permit and I'll take care of it. I 'm in charge of security and
everything else so it'll happen.
Bird: I just don't want to see anybody get embarrassed.
Corrie: Okay, thank you.
ITEM #14: WATERlS EWE Rff RASH DELINQUENCIES:
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Meridian City Council Regular Meeting
July 7, 1998
Page 22
Corrie: This is to inform you in writing if you choose to, to have the right to a
predetermined hearing at 7:30 p.m. Tuesday, July 7th before the Mayor and City Council
to appear in person to be judged on the facts and determine the claim made by this city
that your water, sewer and trash bill is delinquent, you can retain counsel, this service
will be discontinued on July 15, 1998 unless payment is received in full. Is there anyone
present who wish to contest their water, sewer and trash delinquency? You are hereby
informed that you may appeal or have the decision of the City reviewed by the Fourth
Judicial District Court pursuant to Idaho Code, even though you appeal your water will
be shut off. The amount of the turn-off list is $24,909.56. Council, I'll entertain a motion
for the delinquency turn-off list.
Bentley: Mr. Mayor, I move that we approve the water and sewer delinquency turn-off
list.
Rountree: Second.
Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to approve the water,
sewer and trash delinquency turn-off list. Any further discussion? Hearing none. All
those in favor of the motion say aye.
MOTION CARRIED: All aye.
Bentley: Mr. Mayor, I have a question concerning this. We had a preliminary ordinance
on the changing of the fees on the turn-on from ten to fifty dollars, where are we at with
that? I thought it was supposed to be on tonight.
Corrie: That's the one we tabled. Oh was that the back flow?
Rountree: That was the back flow.
Corrie: Oh, sorry.
Rountree: Well it's obviously not there.
Berg: Mr. Mayor and Council, that requires a public hearing because of the fee
increase and Bruce and Gary were looking that over carefully to make sure that was
proper and we were going to notice it for a public hearing.
Bentley: Thank you.
Corrie: Gary, (inaudible). That's your question Mr. Bentley?
Bentley: Yes sir. I just wanted to make sure we didn't drop the ball somewhere.
Meridian City Council Regular Meeting
July 7, 1998
Page 23
Corrie: Good point.
ITEM #15: APPROVE BILLS:
Corrie: Approval of the bills.
Bentley: So moved.
Rountree: Second.
Corrie: Second to approval of the bills. All those in favor say aye.
MOTION CARRIED: All aye.
ITEM #16: DEPARTMENT REPORTS:
1. GARY SMITH:
A. BID AWARD FOR TULLY PARK PUMP STATION.
Smith: Thank you Mayor. We received bids today at 3:00 for construction of the Tully
Park irrigation pump station, I'll pass the results out to you. We had three bidders,
Erminger Construction out of Eagle, Bitterroot out of Boise, and Paul Construction in
Meridian. Low bid is Erminger at $50,611.30. Brad has reviewed the bids, the low
bidder is complete and responsive, we do have approximately $3,000.00 for electrical
service, we weren't able to get to Idaho Power to see where they are in their estimating
cost for the project to confirm that number but it looks like the total would be around
$53,600.00. Now that we have a number, 'I will be in touch with the Turtle Creek
Developers tomorrow to see what their intentions would be and coming up with their
previously approved split of the cost for this pump station. I guess to keep the project
moving forward I would request your approval of the low bid, accepting the low bid,
awarding it to Erminger Construction in the amount of $'50,611.30.
Rountree: Gary, question. What was their time schedule on this for completion?
Smith: I'm sorry Councilman Rountree, I don't recall the days.
Bird: Is it in the contract there Gary?
Smith: I don't have the contract with me.
Rountree: But it would be coincident with the seating and the remainder of the
landscaping?
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Meridian City Council Regular Meeting
July 7, 1998
Page 24
Smith: Yes, correct. Yeah, we need to proceed along as fast as we can and even to
the extent of the funding.
Bird: Mr. Mayor, , move that we sign into the contract with Erminger Construction of
Eagle, Idaho for $~O,611.30 for the Tully Park irrigation pump station and for the Mayor
to sign and the' Clerk to attest.
Bentley: Second.
Corrie: Motion made by Mr. Bird, second by Mr. Bentley to the motion as stated.
Discussion? Mr. Rountree?
Rountree: You're a little quick Keith. I had another question for Gary. Do we have
resolution with NampalMeridian as far as access into the drain and that sort of thing,
that's all been worked out?
Smith: I've got an agreement with them as far as the site itself is concerned and the
pump station that has some peculiarities in it when Wayne first looked at it and I've got
to get that finalized but we do have that draft, yes sir. And they will be constructing the
diversion structure as such, they're going to dump some riprap into the ditch and back
the water up.
Rountree: Now they're scheduled to do that as well?
Smith: Yes, -- well I'm not sure what their schedule is but they've agreed to do that.
Rountree: Have they requested a permit from the Corps of Engineers?
Smith: I asked the question -
Rountree: We could be looking at 120 days.
Smith: I didn't get an answer from them, I did ask the question.
Bentley: You got the blank look?
Smith: Yes sir.
Rountree: What's that? I know it's controlled by them so -
Corrie: Was that a rhetorical question?
Smith: No, I asked the question because of the rules that we have to follow.
Meridian City Council Regular Meeting
July 7, 1998
Page 25
Rountree: Well they may be able to get around them because it is an irrigation
diversion but keep on top of that.
Smith: I will, thank you.
Rountree: That's all I have Mr. Mayor.
Bird: Mr. Mayor, we've got a park guy over there that wants to talk.
Kuntz: Mayor and Council, just clarification, the developer that has purchased Turtle
Creek, he still will be responsible for a portion of that pump station, thafs my
understanding?
Rountree: Yes.
Kuntz: Thank you.
Corrie: Any further questions, discussions?
Anderson: I have none.
Corrie: Alright, live heard the motion. All those in favor of the motion say aye.
Opposed, no.
MOTION CARRIED: All aye.
Smith: Thank you Mr. Mayor and Council. May I indulge you for a minute with another
little problem that's arisen on the project on the north side of town. This concerns the
Presbyterian Church, west of the intersection of Meridian Road and Ustick. This will
probably be a little difficult for you to see but they have a water line as part of their
construction project, they were required to extend a six-inch water line from Meridian
Road west on Ustick down to their site and into their site and construct a fire hydrant for
fire protection. At the same time our tank project and well #20 project is going ahead
and well #20 is out for bid for construction right now, the tank site is about 900/0
complete on design, getting close to that bid time. We determined or I determined that
it would be foolish to put in a six-inch line and come right back and tear it up and put in
a sixteen-inch diameter line which is what we're going to need out of that tank site so I
suggest~_tQ.>the Presbyterian Church that we do a joint venture here and that the City
of Meridiari"wq,,4~~ I;lick up the difference in cost between the sixteen and the six-inch.
TheY~~.9f~d<~t6'+that:,~~d they submitted their plans accordingly, well after I got to looking
at:t_~~~~~~l~:J thought well we're going to have to connect that 16-inch to a short
length of 1 Q-rnchc that comes off the intersection and that's going to be kind of a - well it
can be done but it's not a good connection and when we get the tank project under way
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Meridian City Council Regula~ Meeting
July 7, 1998
Page 26
and the well's completed we're going to have to have that length of ten-inch plus the
cross back here at the intersection replaced so that we can get the water out of there
and into the system so we're going to have to come back, dig this up, disconnect the
service to the church and re-do that length of line along with some fittings, so I asked
the church to revise their plans and include the removal of that existing piece of 10-inch
line, the removal of the cross at the intersection and the installation of some valves on
the 16-inch line. The price came back about $85,000.00 to do that of which the church's
share for the six-inch line was approximately twenty-five so we're looking at $60,000.00.
We can't go forward -with the project for that much money without bidding it, they are in
a time crunch to get their project under way. I just sprung this on Kenny tonight and I
apologize to the Fire Department for it, I just got this information late today on this
additional cost so Kenny hasn't had a real chance to analyze what impact this has on
the fire fighting capabilities out in that area, there is an existing fire hydrant at the south
east corner, ifs right here, the south east corner of that intersection, the church will be
constructing and this is their building over here, the church will be constructing a eight-
inch sewer line out to Meridian Road, I think there's a possibility that we can get an
access road built across the top of that sewer line such that it will support if necessary a
fire truck that would hook up on this fire hydrant here and run into the building. We're
talking about probably three months or so before we would have construction started
out here for this water line on Ustick Road, of course during that time right now I think
they're working on the slab, is that right Kenny? And that you guys have given them a
go ahead for that concrete work but of course during that three months they're going to
be throwing wood in the air.
Rountree: They're talking about a November early start up date for the facility.
Smith: So we're going to have to hustle to get the water down there, get them plumbed
in just for domestic use because I think when - Kenny and I were just throwing some
dates out it looked like maybe October was when we would start the water line. The
other alternative is to go ahead and build this length of 16-inch line, pay them the
difference which is about $23,000.00 to do that, connect it back into our 10-inch but
once we get started on the tank project then we're going to have to dig that length up,
make that disk connection and I'm not sure what the answer is, I don't want to hold them
up in their project and ifs been kind of a combination of things that have done it, if the
tank project hadn't been there they would have run a six-inch line down Ustick Road
and been done with it and we would have just replaced it someday when we came
along with a 12-inch line which is typically what we run on the arterial roads or the
section line roads, with this situation what it does is it kind of compromises the fire
protection. I did ask them if they had any problem with signing a waiver of liability and
the guy I was talking to, Paul Hoffman is his name, said that they would not have a
problem with doing that, that is a concern.
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Meridian City Council Regular Meeting
July 7, 1998
Page 27
Rountree: What's the -outside time that they would be without that fire flow, assuming
that they got in there the first of November.
Smith: If we went back and made that connection, put in the piece that - or built the
length of 16-inch -
Rountree: If we did it right, how long would they be -
Smith: If we did it right?
Rountree: Yeah.
Smith: Well, we probably - I don't know, probably the first of October before we would
have the water line down there.
Bird: Before you'd have it over with? They're not going to occupy until November.
Kenneth, if they signed a waiver theylre not going to occupy that until the first of
November and welre going to have this up and running by October 1st?
Smith: Well, I think weld have the water line down there, welre not going to have the
pump station or the -
Bird: No, no, I realize that but you would have the water line down there.
Smith: Yeah, we would have to make a special effort to do that, we may not even be
able to include it as part of the tank project, weld have to do it separately to get it done.
Bird: Do you have any problems Kenny with that?
Bowers: Well what I was telling Gary is I hate to allow one church to do it because
welve got three or four others out here on Chinden that want to get started right of way
without water also. By our Uniform Fire Code which you guys have adopted it says that
right off the top of my head there has to be water within 300 feet, welre talking 300 to
350 feet, somewhere in that area, welre talking about 400 to 500 here to the hydrant.
Bird: On the east side there?
Bowers: Yeah, thatls the short way in, if we have to go up block Meridian Road, block
Ustick, it's going to be a little longer so I donlt know if we want to open it up and start
allowing these churches to do that because there's two or three others that want to do it,
get going.
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Meridian City Council Regular Meeting
July 7, 1998
Page 28
Anderson: Wasn't this the church that came to the rural meeting and wanted exemption
too?
Bowers: From the sprinkler system, I think it was?
Anderson: Yes.
Bowers: Yes I believe it is Ron, that was Mr. Hoffman?
Smith: Yes.
Bowers: To my knowledge I don't think we've ever signed waivers before, I don't know
if the City wants to get into that or not, I don't know.
Anderson: The other thing that concerned us is they're looking at putting a daycare in
this and stuff too and as was evident in Nampa earlier this year, buildings do burn under
construction.
Bird: Yeah, we realize that.
Smith: I don't want to compromise that and you know we can make that - we can put
that line in as they originally proposed and connect it to what we have out there but
when we come back and make the final extension of our line in Ustick we'll just have to
disconnect them, they'll be without water.
Anderson: So why can't we just run the larger line now and pay the difference, why
can't we do that?
Smith: Yes, we can.
Anderson: So that we don't have to dig it up twice.
Smith: We won't dig up the - yeah, we won't dig it up that length of it but we will have to
go back in and -
Anderson: Into the intersection?
Smith: Yes sir, correct.
Bowers: So we would be out of water at that time too.
Smith: Yes.
Meridian City Council Regular Meeting
July 7, 1998
Page 29
Bird: How long would they be out Gary?
Smith: Well it could be maybe a week.
Bowers: I hate to have water and then not and then have them and then not so -
Bird: The only problem is they've signed a contract with a general contractor,
everything's go, they've got a penalty clause in there if they don't get the thing open,
they went and bid this out on the assumption that when everything was taken care of,
now the City of Meridian's throwing a crank into the shaft -
Bowers: What I told Gary, Councilman Bird, is possibly we might be able to get one of
those rain for rent trailers in there to give us five, six thousand gallons.
Bird: I just - not for holding up their building, I don't want it to be unsafe either at the
same time and there is fire's on construction jobs -
Smith: Well maybe the best thing to do Mayor and Council would be just to proceed
with what we originally intended and that way they had the contractor lined up to do the
work and he can proceed and they'll have their fire hydrant down there and it'll go
accordingly, we'll just have to interrupt their service when we tie back in.
Bird: With the same token Gary, how much more is this going to cost us to come back
and do it again, if we did it now?
Smith: I don't know the answer to that. I don't think ifs going to cost us any more than
it would if we did it now, it's just going to - well, I shouldn't say that, ifs going to cost us
some more because we're going to have to dig things up, turn things off, reconnect,
disconnect, --
Bird: Tear up the roadway again.
Smith: Well no -
Bird: Well this time we're only going to go down the side of it, next time we'll go across
the whole thing so we interfere with the roadway twice any way you look at it.
Smith: Well kind of, we're off the intersection at this time making the connection when
we go back in there we're going to be into the intersection so there's going to be a little
more disruption but at least this way they would have the water down there when they
need it, fire protection would be there while they're building and we can proceed.
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Meridian City Council Regular Meeting
July 7, 1998
Page 30
Rountree: You may want to explore that thought that Kenny had in terms of a portable
reservoir whether it's a rain for rent or whatever, they may think that's agreeable and we
may be able to do it without multiple inconvenience to the folks that are using the
roadways which is an issue as well.
Corrie: You can still get in there with that hydrant across the street thought can't you
Kenny as well if you have to?
Bowers: The one at Meridian and Ustick, is that what you're talking about?
Corrie: It's 400-feet I think you said.
Bowers: Four hundred to five hundred feet.
Anderson: You lose almost all your pressure by the time you lay a hose that far.
Bird: But you know before they get people and start occupying it we will have the water
to them so this like Charlie said, I think we should approach Mr. Hoffman and see if they
would be interested and then let's get this thing done at the same time so we're not
tearing up the street two or three times, regardless if you come down the side or five
feet in you still tear the street up, that's a very busy street, I would - have you done this
before Kenneth or do you know, have you seen it done?
Bowers: On which Councilman Bird?
Bird: Where they brought out a reservoir or something to hold water for fire.
Bowers: I believe one of the churches at Locust Grove had a tank out there.
Bird: You say a four or five hundred gallon tank?
Bowers: No, thousand.
Bird: Four or five thousand.
Rountree: I don't know, we could make a decision.
Corrie: Just go ahead with what you're doing.
Rountree: Lefs just investigate that a bit further with them and see if they're open to
some options. I guess from my standpoint I'd like to see them minimize the
inconvenience to the users as well as the church folks with their existing construction
contract and if we can partner this thing and save both of us some money and be better
Meridian City Council Regular Meeting
July 7, 1998
Page 31
to the public let's do it, if you just got that stuff this afternoon you probably haven't had
complete time to think it through yet either.
Smith: I think the one thing I need to do is analyze the time line a lot closer in terms of
us waiting and bidding the 16-inch line construction ourselves, making sure that we'll
have service to them when they need it, if they have a tank sitting on-site that is for fire
protection.
Rountree: If the bidding is an issue, can they advance the money and we reimburse
them for services provided to the City.
Smith: Well they could and -I'm not sure that total amount, I know they have the
roughly $25,000.00 budgeted for the six-inch line but I don't know what they're cash
would be like for the $85,000.00 and if we were partnered in it we would need to go -
there would need to be a bidding process done, now if they can do the bidding
themselves -
Bird: I was going to say, can they do the bidding and not have to go through all the red
tape and then we partner with them? .
Smith: Well we would come back in and reimburse them for our share of it.
Bird: I would like to see us look at that option, go through let them do it then we
wouldn't have to go through he red tape, they can have the thing out and back on the
table a lot sooner than we can.
Smith: I just didn't feel comfortable at all with having one price from their contractor who
originally bid the job at a different scope you know and he just came back with one price
and said well if you want to change the scope this is what it's going to be, I didn't want
to get involved in that one but if we could get some legitimate bids from them for the
project as it's drawn right now - okay, I'll talk to Mr. Hoffman in the morning then on that
concept too.
Bird: Thanks Gary.
Bentley: Mr. Mayor, I move we take a ten minute break, five or whatever.
Rountree: I'll second that.
Corrie: Motion's made and seconded to take a ten minute break. All in favor say aye.
MOTION CARRIED: All aye.
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Meridian City Council Regular Meeting
July?, 1998
Page 32
(TEN MINUTE BREAK)
Corrie: I'll reconvene the City Council at 9:04. Next department report, Shari?
Stiles: Mr. Mayor and Council, I just had a couple of quick things. The weeds are at an
all time high of course after all the rain, in the past what we've done when they refused
to take care of their weeds we'd go out and post the property and then we'd get some
bids from three different contractors even though the dollar amount didn't require it, to
go take care of the weeds and not all of them I'm sure have liability insurance or pay
workman's camp so we would like to bid that out on an annual basis to have that work
done, it's really hard to tell how much it would be, it could be as little as a couple
hundred, it could be as much as five thousand to actually take care of all the problems
in the City, some of them also involve vacant lots that have been used as a dumping
ground by contractors, you know the last lot in the subdivision and those are pretty
expensive, I just spent $875 cleaning up two lots over in Pheasant Point so I'm not
asking for a decision really, if you happen to have any thoughts about going through
that pfOceSS I'd appreciate it if you'd let me know. Next City Council meeting I'd like you
to expect a presentation by Morton Awes of Awes-Hutchinson, they are going to submit
some plans on some expansion out at the state law enforcement building. Those kind
of facilities are permitted with design review, they're really kind of doing it out of
courtesy I think, I said the Council would probably appreciate seeing what it is you're
doing, it will also involve a tower, but be expecting that on the 21st. Do you have any
questions of me?
Corrie: Any questions? '
Bird: No, I just Shari, on that bid out for the year on that stuff, I hope you can come up
with something, I think that's a good idea, then you've got somebody there that you call,
they should be able to come up with an hourly charge if they use this tractor or that
tractor or whatever they use.
Stiles: Okay.
Bird: I'd like to see you feally pursue it myself.
Stiles: We were kind of trying to spread it around before and it's just too hard. Okay,
thanks.
Corrie: Thank you Shari. Tom?
Kuntz: Mayor, Council, just two quick items. One, to give you a report on the Fourth of
July at Stofey Park. Everything went very smoothly, thanks in large to our Police
Department did an excellent job of PR during the day and didn't have any problems at
c
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Meridian City Council Regular Meeting
July 7, 1998
Page 33
all to report, everything went super. The second, I just wanted to let you know that Tully
Park is off and moving, the fencing company is there this week putting up fence poles
and the parking lot's paved and the sprinkling company i~ supposed to be coming in
sometime next week. We did have a little bit of vandalism, some graffiti with red paint
on the side of the gray restroom building and some shingles torn off of the roof of the
restroom building. That's alii have tonight, thank you.
Corrie: Okay, thank you. Chief Bowers?
Bowers: Mayor and Council, two quick things, we have got the opti-com working at
Meridian and Pine and East First and Pine so that's up and running now, appreciate it.
Also, our new Dodge 1 ton squad is up and running as of this last weekend so all the
grass fires we will be taking it out and using it, we've got the pump on it, we've got the
hose on it, we've got air packs on it, we got all of our tools and it is ready to roll so I
thought I'd let you know. Thank you.
Corrie: Thank you Kenny. Gary do you have anything else that you want to talk about?
Chief Gordon?
Gordon: Just a couple of quick items, we were awarded two grants by the Idaho
Department of Transportation, one for $6,662.00 for the intoxilizer 5000, and the other
one was $6,000.00 for replacement of the two bicycles and also some safety literature
for our programs.
Bentley: And Mr. Bird, no strings attached.
Gordon: There were no strings attached.
Rountree: (Inaudible) highway safety.
Gordon: Yes sir. It's federal money but it's through the state of Idaho.
Bird: Is this this new breath analyzer they got?
Gordon: No, we've been using a loan machine from Boise and the latest one is the
5000 and it's computerized and it's state of the art but we finally - they replaced theirs
and we were able to borrow one until we got this grant or found out that we were going
to get the grant.
Bird: Is this the new one out on the (inaudible)
Gordon: Yes sir, this is the latest machine and it should last us four or five years.
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Meridian City Council Regular Meeting
July 7, 1998
Page 34
Anderson: Personal comment, I would like to commend the Police Chief and if you
would pass on to your personnel, I've heard very good comments about Fourth of July
in the park and good job to you and your folks on that.
Gordon: Thank you, I think the weather played a large part, we only had about half
what it usually is but we did kind of not really over react but we had a presence that was
enough to handle any situation that might have got out of hand and like you I got a lot of
good comments from the people and we started early, Tom had his people in there and
we started public relations real early and there was no real problems.
Anderson: I know we had some concerns when that was coming up so I was glad to
see everything turned out good and -
Gordon: Plus, we're already working on next year, we learned enough this year to start
the plans for next year so we'll be ready.
Corrie: Like the festival in Boise, start the next day. Very good, thank you Chief. If you
went through the neighborhoods like I did at about 9:00 it was pretty smoky, there was a
lot of people out throwing fireworks-
Bentley: Yeah, I noticed a lot of stuff over there.
Corrie: Yeah, when you came in from out of town. Is there anybody else over there
that I'm missing?
Bentley: Just Malcolm.
Corrie: Malcolm. (Inaudible) You're clean tonight, okay. I might mention if you haven't
heard, Malcolm is the new Planning and Zoning Director - not Director, I'm sorry,
Chairman, after this morning Shari you're not on the list, you really aren't.
Stiles: Great!
Bentley: Who said?
Corrie: Wayne?
Crookston: I have nothing.
Corrie: Mr. Bird?
Bird: I've only got one thing, Janice had a proposal before us from Bluecoff, Lundstrom
and Company regarding contract I guess in sense for some setup systems in our
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Meridian City Council Regular Meeting
July 7, 1998
Page 35
computer that this gentleman will come in and do it, estimated fee for the engagement
will be $2, 1 00.00 based on 35 estimated hours, I believe this is something that we need
to get right on, as you know these people are starting our audit of J97 and this
department has to have our audit of '98 done by January 2, 1999 so anything we can do
to help them. I think with the appropriate - so I would make a motion that the City of
Meridian, the Mayor to sign, the Clerk to attest into this agreement with Bluecoff and
Lundstrom regarding this computerized accounting software packages.
Bentley: Second.
Corrie: Motion made to enter into the contract with the Bluecoff, Lundstrom and
Company for the software for the computer, mentioned at $2,100 but you did mention a
figure so we can go figure it close to that -
Bird: Yeah, an estimated number.
Corrie: Motion made by Mr. Bird and second by Mr. Bentley, any further discussion?
All those in favor of the motion say aye.
MOTION CARRIED: All aye.
Corrie: Anything else Keith?
Bird: No thanks.
Corrie: Mr. Bentley?
Bentley: Yes, I have a question for Chief real quick and also to bring the new
councilmen up to speed, the previous council we decided to raise the rates on the dog
license fees and establish a separate animal control line so that we can possibly get the
animal control division to support themselves. Chief has that line item been
established?
Gordon: Janice was tied up the afternoon with the auditors or preparation for that and I
didn't get a chance to get ahold of her.
Bentley: Okay, to give you an overview of what we've got, as of fiscal year '97 there
was $24,796.40 brought in by dog license, dog impound and citations. Through 6/26/98
we were at $22,127.70. As part of the budget we're going to be looking at doing
something with the animal shelter out there, probably building a new one since the other
one is literally falling apart. What I'm going to ask at a later date is that we roll that
$24,796 from '97 into the line item budget, it went into the general fund, so that we can
help fund replacing the dog pound area so I just want you to be thinking on that, and
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Meridian City Council Regular Meeting
July 7, 1998
Page 36
second issue I got, the traffic safety committee has been studying a problem, we've had
some problems with Chateau Street you know is eventually, as soon as we get that new
park cut in over there with Chateau - (end of tape) -- we're going to be hooking two
parks together with it plus the golf course and we have been asking ACHD to put a four
way stop sign at Chateau and Glennfield, they're balking at doing it, they're talking of
coming out and striping it for parking and bike lanes which is what we really want to see
in there is to get safe traffic through for the kids and everyone there but they're balking
at the four way stop and we're going to wind up with a thoroughfare through here, a one
mile thoroughfare, we've already got problems with the speeding and running of the
signs and the Chief has had his people out there working on it. What I'd like to see is if I
can get this council to come together and send ACHD a letter requesting that that be
made a four way stop in order to help the situation, I don't see what their argument is, if
you've ever driven down Edna Street over there, it's an east west with the same
problem and every block's got a four way stop, so I really don't understand their problem
but it's going to - especially if they come in and do the bike lanes which I feel is a good
area to do them because where linking parks and the golf course together so that's what
I'd like to see done.
Bird: And did you say Glennfield and Chateau?
Bentley: Glennfield and Chateau, it's a two way stop for Glennfield right now.
Bird: I was going to say, there's already a two way stop there.
Bentley: Yeah, we just want the stop on Chateau. So the only deterrent they have right
now is there is a dog leg where somebody's property projects to the south and the guy
finally had to put a fence up because they were driving right across his lawn, and it's a
straight shot outside of that dog leg there so - we need a little help.
Rountree: Have the folks on the Traffic Safety Committee approached Terry Little or
Joe Roslin?
Bentley: Chief, I'll let you address that.
Gordon: Mr. Mayor, Councilman Rountree, welve discussed this at two separate
meeting and Joe Roslin's on that committee from Ada County Highway District and what
he was concerned about was they plan on at Monaco and Chateau will be a four way
and an arterial and it's only a block away from Glennfield so that's why they are
reluctant to do this, he did say though if enough of the community would get together
that they would consider it and I presented Councilman Bentley with the results of that.
I think if this council requests that stop sign, ACHD has been very cooperative and I
think if the council decides to do that they would put it (inaudible).
Meridian City Council Regular Meeting
July 7, 1998
Page 37
Corrie: There is a circulation of the petition now of the neighbors out there to have that
stop sign put in so if you -
Bird: Is it back yet Mayor?
Corrie: Not yet but it's in the process of being circulated.
Rountree: Just another point or question, it's been awhile since we've had a session
with ACHD, would it be appropriate that we look at scheduling one and maybe that be
one of the topics for discussion? The last time we met was the very first part of the
year.
Corrie: I imagine if you talked about it they won't do anything.
Anderson: That's Joe's attitude, ACHD's -
Corrie: I've talked to them as well and they say well if I sent them a letter then they
might do it or if the council did they would do it. My personal opinion -
Bentley: Their thoughts on Monaco I'm sure is Monaco's got a stub street that's going
to lead into Turtle Creek and I'm sure that's what they're looking at and where Glennfield
actually - the north end of Glennfield is actually a cul-de-sac but the street is wider
down in Glennfield than it is in Monaco so I really don't know how it's going to play out.
Corrie: Well if you want to get off (inaudible) do you want to make a motion and see
how it flies?
Bentley: Sure. I make a motion that the City Council put together a letter to ACHD
requesting a four way stop at the corner of Chateau and Glennfield and have all the
Councilmen and the Mayor sign it.
Bird: Second it.
Corrie: Motion made by Mr. Bentley, second by Mr. Bird to have a letter sent to ACHD
for four way stop at Glenwood and Chateau. Questions, comments?
Rountree: I guess, I'd just like to have the point made in the letter that it is a
recommendation of the City and the City Council but it has also been evaluated by the
Traffic Safety Committee and they concur on it as well.
Corrie: Okay. I'll draft a letter and let you see it (inaudible) Any further discussion?
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Meridian City Council Regular Meeting
July 7, 1998
Page 38
Anderson: Mr. Mayor, it just seems like we're a little bit premature on this if there's
plans already I mean I'd like to see a map or something and see where they're
proposing putting this stop sign and stuff like that, I mean it seems like they have traffic
engineers I would think that kind of do some of these studies and I think we're probably
premature in asking for this stop sign at this point and I would like to see it a little more
in detail before I vote on something like that. My two cents worth.
Corrie: Okay, well since we're going to vote anyway, why don't-
Rountree: Weill guess to that point we maybe could condition the request that at least
it be (inaudible) until such time that they carry on their activity of Monaco, it might be
five years before they get something done there and the problem will continue in terms
of the speeding traffic -
Corrie: That turns into a "TII though doesn't it? What is Monaco, is that -
Bentley: That's First Street East, it's where the old section is.
Corrie: Doesn't that come into a "TII on the street? How can they make that a four way
stop, I'm-
Bentley: Well Monaco is a stub dead end going into Turtle Creek.
Corrie: Oh, okay.
Bentley: But I'm in agreement with Charlie, you know this project has fallen on it's face
two or three times and lord knows when it's going to get done and they could surely
move it on down if that becomes the case that that project comes forth.
Corrie: Yeah, they can always move it.
Bird: They could put another one up down there if they wanted to. Where Glennfield
and Chateau comes together I don't know that's very dense with children and stuff and
they're always playing around there and I've seen and I'm sure Chief Gordon can attest
to this that there's a lot of kids running around speeding out there, I don't think it would
hurt.
Rountree: Not just the kids.
Bird: We can just recommend it, I mean that's all we're doing is recommending anyway
and -
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Meridian City Council Regular Meeting
July 7, 1998
Page 39
Anderson: I guess I'll be the naysayer but Monaco looks like the logical place to me to
put it too, I mean Glennfield is nothing but a little stub cul-de-sac.
Bentley: And I'm not disagreeing with you on that but the point is they need to get
something out there whether they -
Anderson: Why don't we have them put it at Monaco where they plan on putting it?
Rountree: Just be a two way stop.
Corrie: But the problem is too as they get from the school they start barreling down that
street, by the time they get to the other stub street that's going in Turtle Creek on that
end they're doing a pretty good speed so - okay, anyway, this is the recommendation
for a request to ACHD in reference to this. Any further discussion?
Rountree: I guess Mr. Mayor one final point and 11m sure the reluctance on the part of
ACHD is if they respond to this request then where do you stop, do you put stop signs
at every intersection and every subdivision, however Chateau seems to be a street of
their own making, the original intent was great, how it was executed and allowed to
occur based on their change and access control policy created the situation so - if to
slow traffic down in that situation it takes quarter mile stop signs and certainly they're
getting enough experience on Northview to figure out what to do over there.
Corrie: Any further discussion? All those in favor of the motion say aye. All those
opposed say no.
MOTION CARRIED: 3 aye, 1 no.
Corrie: Okay, three to one motion carried, I'll get the letter out and show you before we
send it and sign it. Next, Mr. Bentley?
Bentley: Do we have anything, and I know some of you have been meeting with benefit
people and stuff, do we have anything for a death benefit for in the line of duty for our
employees?
Corrie: Yes.
Bentley: What is it?
Corrie: It's $5,000.00 or in the line of duty it's $10,000.00 accidental death. Ifs in the
line of duty and if they're working it's ten, if they just die on the highway without being on
the - or if they drop dead from a heart attack it's five, right now we're looking at the
benefits of raising it to ten and it won't be any additional cost. Workmen's camp also is
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Meridian City Council Regular Meeting
July 7, 1998
Page 40
on that and PERSI has some with the Fire Department and the Police Department as
well.
Anderson: I was going to say there's a federal law in the case of police and fireman,
there's a hundred thousand dollar death benefit.
Corrie: Is there? Federal?
Anderson: Five hundred thousand now?
Gordon: Yes sir.
Anderson: It's gone up?
Bentley: Another issue, we don't have this policy here and I was wondering if we could
take a look at doing this, in the case of retiree's from either fire, police, awarding them
their badges, in the case of police their guns and I don't know if the Fire Department you
give them a nozzle or what, you know, (inaudible) to take home but - a truck, an old
worn out truck or something but I was wondering if council can consider thinking about
this but I'd like to see something like that put together.
Corrie: Bring up the topic at a planning session.
Bentley: I think I ran out.
Anderson: Already?
Bentley: Well outside of the fact that we're going to meet with the Fire Department and
hopefully make some more headway tomorrow night.
Rountree: Tomorrow night?
Bentley: Yep.
Rountree: Good.
Corrie: Mr. Rountree?
Rountree: I have given the councilmen a copy of the letter we got from David Eberle
about doing the continued training and outlining a course of action to develop the capital
improvements budget for department employees, primarily the department heads, I
can't remember the cost of figuring that letter, I don't know if you've all had a chance to
consume that at this point and I'm not asking for anything tonight but I would ask that
Meridian City Council Regular Meeting
July 7, 1998
Page 41
you be prepared to either discuss or take action on that at our next meeting the 21st, it is
something that we're going to have to get into, we're not going to get it taken care of this
year in this budget but I think we need to be looking at some changes in next years
budget as it relates to capital improvements. 1 apologize for this next item, apparently
there's been a misconnect in the communications as it relates to a donation that's being
made to the City for the lighting of the Harold Cox softball field. Harold apparently has
put together a package to put lights around the softball field that we dedicated to him
last year, yeah it was last year, and apparently everybody didn't know about it, I'm not
sure I know everything about it, it sounds to me like the contract is close to being ready
and parties are wanting to go to work on that, I've been assured that city permits that
are required will be obtained, and what it will include is the lighting of that ball field,
there's also been an addition to that, grandstands that are being provided by MAA and I
guess I'm asking the Council that now that you know about it, if you didn't know about it,
and for support, recognizing that there will be a future cost to the city in terms of
maintaining the lights, paying for the power which I think can be taken care of by the
use fees. There will be some future requirements probably the fence for safety issues
to get the poles out of the field of play so people don't run into those, that would
probably be something that we're going to be looking at next budget but it is a sizable
donation, I believe the estimate for this is around $70,000.00 and that's a gift to the City.
Harold is going to install it for the City and give it to the City, the City won't be involved
with the contracting of it at all so for your information, that's the status on that and I
guess with that information I would move that the City Council accept this generous
donation on the part of Harold Cox and family to the City for the lighting of the Harold
Cox softball field.
Bird: I'll second that.
Corrie: Motion made by Mr. Rountree, second by Mr. Bird to accept the donation of the
lights at the Harold Cox field as a donation to the City. Any further discussion on this?
Mr. Berg?
Berg: Does that include the bleachers also and making sure they comply with all the
regulations for safety?
Rountree: Yeah, they do.
Corrie: I agree, I think that's a good one myself, just the procedure was a little bit
screwed up so -
Rountree: Yes, it was just a lack of communication.
Corrie: Any further discussion? All those in favor of the motion say aye. Opposed, no.
Meridian City Council Regular Meeting
July 7, 1998
Page 42
MOTION CARRIED: All aye.
Rountree: I have one final issue for consideration. Currently our ordinance, and you
read it tonight, relating to the consumption of alcohol in the City park establishes the
City Clerk as the person to whom one would apply for that permit, I'm throwing out for
your consideration that now that we do have a Parks and Recreation Director for the
convenience of the park users that maybe that best lie in the Parks and Recreation
Department, but anyway, think about that, what are the pros and eons there, that's been
suggested so people don't get - since Parks and Rae actually is in a separate building
now, anyway just for your consideration, we can talk about that a little bit at our next
planning session. Tom do you have any comments on that?
Kuntz: Just for clarification, the process would remain the same as far as the City Clerk
and the Police Chiefs signatures, it's just the process would be initiated out of the
Park's office for convenience for the people who are paying for their park reservations at
that sight.
Rountree: They can pay at one point instead of having to pay the City Clerk and then
having to come over and pay you or transfer funds.
Kuntz: Councilman Rountree, I had one other thing that I forgot to mention but it was an
issue at one of the meetings, we did receive the easements for power at Generations
Plaza, I just wanted to let you know that that's all in place and order.
Rountree: That's both power and construction?
Kuntz: Correct.
Rountree: Okay, great.
Corrie: When are they going to open bids on that one Gary?
Smith: July 23rd.
Corrie: July 23rd, thank you. Yes, Mr. Bentley?
Bentley: That was my question.
Rountree: That's all I have Mr. Mayor.
Corrie: Ron?
(
Meridian City Council Regular Meeting
July?, 1998
Page 43
Anderson: Yeah, I had one thing. I have a letter here from Kenny requesting that the
City adopt the 1997 Uniform Fire Code, did you put a copy of that in everybody's basket
or just mine? And the State of Idaho formally adopted the 1997 Uniform Fire Code as of
July 1st, is that correct Kenny? And so this would just bring us in compliance with the
state.
Bowers: Councilman Ron Anderson, I don't think I put one in everybody's box, I think I
gave one to Ron, yourself and the Mayor I believe.
Anderson: So is that something you want us to act on tonight or did you want to bring
up discussion at a strategic planning meeting?
Bowers: I figured it probably needed to be put on the agenda so -
Berg: Mayor and Council, normally on adoptions of the Uniform codes, building code,
fire code, whatever, we have a public hearing, sometimes fees are changed but
basically it's the input of the public or anybody involved with it, we normally have a
public hearing for them, we can sure put that on the agenda if ifs the will of the council.
Bird: Mr. Mayor, I believe that's only proper on the Uniform Building Code or the
Uniform Fire Code, I would like to look at it real good, I'd like Gary and all his staff to
look at it real good, because I'm not too sure that we can't adopt the Uniform Building
Code and cover the Fire Code at the same time instead of adopting both of them.
Corrie: Okay, do you want to do that the 4th or the 21st?
Rountree: My preference would be the 4th, that's -
Bird: That would be mine too, it would give us time to study it.
Rountree: Does that put you in any kind of bind Kenny?
Bowers: It shouldn't.
Corrie: That do it Kenny for you?
Bowers: Yeah, I just wanted Ron to know about it and the Mayor to know about it and if
there was any questions so we could get it on the agenda.
Corrie: Okay, Mr. Berg?
Meridian City Council Regular Meeting
July 7, 1998
Page 44
Berg: Excuse me Mayor and Council, when we've adopted them before there's been a
few items that we have amended and Skip has brought that to our attention so we'd
want to make sure we do that all at once. Thanks.
Corrie: Okay, then weill do that - put it on the agenda for the 4th of August if everything
runs smoothly.
Anderson: That's all I have.
Corrie: Mr. Berg?
Bentley: Mr. Mayor, I want to take on this IEC deal.
Corrie: Oh yes, I'm sorry, sure, good point, I was going to get to it but let's do it right
now.
Bentley: Mr. Mayor, I make a motion that we sign an agreement for compensation
program development through lEe for the management compensation training and fees
for the amount of $16,630.00, the Mayor to sign and the Clerk to attest.
Rountree: Second.
Corrie: Motion's make by Mr. Bentley and second by Mr. Rountree to go into a
compensation program development outline with a total fee of $16,630.00 with lEe.
Any discussion? Hearing none. All those in favor of the motion say aye.
MOTION CARRIED: All aye.
Rountree: Mr. Mayor, I guess on that particular item I'm sure the question's going to
come up as to who's budget thafs going to come out of and since Mr. Bentley made the
motion I assume it's going to come out of the Police budget but for real I would guess
that that's a general fund.
Corrie: General fund, yes, that's correct. Good thought Charlie!
Bentley: I'll never make another motion if that's the (inaudible)
Berg: We'll have some line item adjustments then I'm sure.
Rountree: I'm sure we will.
Corrie: Okay I have some items that I need to go over the Council with, (inaudible) --
billing, we had a motion that we would pay a total of $2,257.70, the bill came to
(
Meridian City Council Regular Meeting
July 7, 1998
Page 45
$2,524.98, the difference of $267.28, I'll need to have the council to approve of the
overrun of $267.28 on the balance to be paid to them. Any questions in reference to
that? Since we did have a motion that that's the amount we do need to have a motion
for the overrun of $267.28.
Rountree: Mr. Mayor, I move that we approve the payment of the cost overrun of
$267.28 to the contract stated in your proposal.
Bentley: Second.
Corrie: Motion made by Mr. Rountree, second by Mr. Bentley to approve the $267.28 of
the overrun to (inaudible) billing. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: All aye.
Corrie: The Church of Jesus Christ of Latter Day Saints is having an open house the
16th, 17th, and 18th, you're all invited to that one.
Rountree: Which stake?
Corrie: I'm sorry, on Locust Grove chapel and the family history research center on
Locust Grove. It's 5:00 p.m. to 8:00 p.m. on July 16th, Friday July 17th, 5:00 to 8:00 and
on Saturday, July 18th from 9:00 to 12:00. I have an invoice here from Morrow
Construction for seal coat and striping of the east parking lot for $1,470.50, we polled
the council earlier and they said they wanted to do this, all I need is to know who's
budget it's coming out of.
Bird: Glenn and Ron's.
Bentley: No, I think it should come out of -
Anderson: Squeeze me?
Bird: Charlie and I got the west one, you guys can have the east one.
Rountree: The west one was to be paid out of travel expenditures not used to buy
myself and Councilman Bird and -
Bentley: I haven't spent any either.
Rountree: You haven't spent any either, and I donlt know that Ron has so it's a way to
utilize that money and get the parking lot life extended.
(-
Meridian City Council Regular Meeting
July 7, 1998
Page 46
Bird: And they look nice.
Corrie: Yeah, we'll have to make up a P.O. and then we'll have you guys sign it. We do
have a book here, everybody's read it now, this is a review on the City Hall form the
architects, we need to probably in the next planning session discuss what we want to do
with that. I'll bring it to your attention, the Ada County Planning and Zoning Commission
approved a conditional use permit to operate a temporary sand and gravel extraction
operation including a rock crusher. That property claims 80 acres on 5.6 acres, that at
Ten Mile and Meridian Road, property's located at 625 South Ten Mile Road. I've had
some people call me about that and they're appealing that decision by the Commission
actions, if anybody would like some information on that I would be happy to share it with
you, a lot of the neighbors are upset and it's in Meridian's area of impact and that's
going to be a pretty big thing and we didn't respond back to this one but there's some
people that are going to appeal this to the Ada County Commissioners so if any of you
have any comments on this I would sure like to hear it and I can give it to the County
Commissioners as well, - so I got one thumbs down. Yeah, I don't know what the
appeal is going to be but - and for your information I'm going to give you this letter, this
is from William E. Miller in reference to the golf course and if you'd like to get back with
me on that one I certainly am going to have to address it and I would like some
comments from the Council.
Rountree: Mr. Mayor, I have receive it, I think Gary probably received or maybe Tom
received a letter from Cherry Lane at the Lakes, a proposal to put in some drains jointly
with the City on this particular situation. We talked to Steiner Development about this
along with some other golf course issues some weeks ago and I just opened the letter
this evening so I don't know if Gary's seen that proposal or not.
Smith: Mr. Mayor and Council, I haven't seen the letter you're speaking of but we did a
design on these drainage pits some time ago and it was supposed to be a joint venture
between Steiner Development and Cherry Lane Golf or Wally Lovan, whatever the
name is out there to make the installation, to take care of the drainage problem.
Rountree: And that was on the 13th fairway.
Smith: I don't know the numbers out there councilman, I - it's in the Lakes at Cherry
Lane No. 3 Subdivision I believe, I know it's a dog leg to the left, I don't know what the
hole number is.
Rountree: This may not be the same location but it's the same situation.
Corrie: I got a lettef from Sue Packham thanking us for the planning session at the time
she had talked to us on this. Council, last item to come before you is the - we've had
(
Meridian City Council Regular Meeting
July 7, 1998
Page 47
some sessions in executive session in reference to the legal department and while we
had no decisions what we were going to do there, we discussed it and we need to have
a motion to do what we thought we would like to do, so I'm requesting that the council
take a vote on the City Attorney's position of Chief Attorney at this point, so I will open
for discussion or motion or whatever the case you want to do.
Rountree: Mr. Mayor, I have a question in terms of the process. If we're going to vote,
you're suggesting what in your suggestion?
Corrie: My suggestion is due to the discussions previously that we've had that I request
that the City Attorney be terminated as Chief Attorney.
Rountree: Additional question in terms of that, do you have a date certain in mind?
Corrie: That will be for the council, we had discussed an earlier date certain but that
would be entirely up to the council if you want to have it by tomorrow or you can have it
at the end of the month or at your discretion. We've got - I believe in setting the
perimeters you can also include that into the motion if you wish. We had earlier set July
1st however that meeting is July 7th, today, so we need to make a decision on whether it
will start the 8th and then with the compensations a full month from that date on salary.
That would put it till - date wise until the second week in July the 11th of August, if it's
effective the 8th.
Rountree: If it's effective the 8th of (inaudible) ?
Corrie: Of July, or you can have an effective date any time you wish but if you have the
. effective date July the 8th then the full month would be the 12th of August othelWise it
would be if you set it till the 1st of August and then it would be the September date
based upon the discussions earlier, one month compensation.
Rountree: I have no other questions.
Corrie: I'm sorry, I can't make the motion, somebody's going to have to make a motion
to that effect.
Crookston: I would like to pass out a letter.
Corrie: Okay.
Rountree: Question for you Mr. Mayor, what's the City's written policy as it related to
sick leave?
Corrie: If they have it coming then they would be eligible for payment of it.
Meridian City Council Regular Meeting
July 7, 1998
Page 48
Rountree: It's compensable?
Corrie: Yeah.
Rountree: Okay.
Rountree: Mr. Mayor, I would move that council accept your recommendation for the
termination of Chief Legal Counsel accepting the conditions stated in paragraphs 2 and
3 of the letter date July 7, 1998 of letter from Mr. Crookston to the Mayor and Council.
Bentley: Second.
Corrie: Okay. Motion made by Mr. Rountree, second by Mr. Bentley to accept the
proposal that was written by Mr. Crookston -
Rountree: Excuse me Mr. Mayor, I forgot to put an effective date in there. So if you'd
remove your second I'd -
Bentley: I remove the second.
Rountree: I would like to amend or add to that motion that the effective date be the last
day of July, July 31, 1998.
Corrie: Okay, do I hear a second?
Bentley: Second.
Corrie: Okay, motion's made and second that the last day will be July 31st in an
appointment and with the understanding that the letter that was received by Mr.
Crookston that paragraph 2 and paragraph 3 would be proposed and followed. Any
discussion?
Rountree: I have none.
Corrie: Hearing none. All those in favor of the motion say aye. All opposed say no.
MOTION CARRIED: All aye.
Rountree: Mr. Mayor, question in process, should that be a roll call vote?
Corrie: I would assume it had better be, yeah, okay I will - let's go back to a roll call
vote.
Meridian City Council Regular Meeting
July 7, 1998
Page 49
ROLL CALL VOTE: Mr. Anderson - yea, Mr. Bentley - yea, Mr. Rountree - yea, Mr.
Bird - yea.
MOTION CARRIED: 4 yea.
Corrie: Anything else to come before the Council? Hearing none. I'll entertain a motion
to adjourn.
Bird: Mr. Mayor, I move that we adjourn.
Anderson: Second.
Corrie: Motion made by Mr. Bird, second by Mr. Anderson that we adjourn. All those in
favor say aye. All opposed, no.
MOTION CARRIED: All aye.
MEETING ADJOURNED AT 9:55 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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ORDINANCE NO. 793
AN ORDINANCE OF TIlE CITY OF JvlERIDIAN AMENDING SECTION 8-907, TIlLE 8,
CHAPTER 9, OFFENSIVE MAITER, FOR CHANGES THERETO, OF THE REVISED AND
COIvlPILED ORDINANCES OF THE CITY OF JvlERIDIAN; 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 the said City to amend Section 8-907, Title 8, Chapter 9;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF JvlERIDIAN, ADA COUNTY, IDAHO:
SECTION 1:
That Section 8-907, Title 8, Chapter 9, OFFENSIVE MATTER, of
the Revised and Compiled Ordinances of the City of Meridian is hereby amended to read as follows:
8-907: OFFENSIVE MAITER:
It shall be unlawful for any person, firm or corporation to place upon any property, or to allow
to remain upon any property within his or its control any matter which is offensive to the senses
or potentially injurious to health.
SECTION 2:
EFFECTIVE DATE: WHEREAS, there is an emergency therefor,
which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from
ORDINANCE FOR CHANGES TO TITLE 8, CHAPTER 9
OFFENSIVE MATTER / 8-907
1
and after its passage, approval and publication according to law.
day of Ja/ '1
(j
, 1998.
PASSED AND APPROVED this 7't];
CITY OF MERIDIAN
ATTEST:
WILLIAM G. BERG, JR.-C
6-30-98 - Final
ORDINANCE FOR CHANGES TO TITLE 8, CHAPTER 9
OFFENSIVE MATTER / 8-907
2
ORDINANCE NO. 794
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 10,
TITLE 3, OF THE REVISED AND COMPLIED ORDINANCES OF THE CITY OF
MERIDIAN; RE-ENACTING SAID CHAPTER 10, TITLE 3 OF THE REVISED
AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO READ AS
SET FORTH BELOW AND WHICH INCLUDES PROVISIONS FOR THE
FOllOWING SECTIONS: 3-1001 PURPOSE, 3-1002 JURISDICTION, 3-1003
DEFINITIONS, PEDDLER OR VENDOR, SOLICITOR, 3-1004 LICENSE
REQUIRED, 3-1005 EXCEPTIONS, 3-1006 APPLICATION, 3-1007
INVESTIGATION OF APPLICANT, 3-1008 BOND REQUIREMENT, 3-1009
LICENSE FEES, 3-1010 ISSUANCE/DENIAL AND EXHIBITION OF LICENSE, 3-
1011 RESTRICTIONS, 3-1012 UNLAWFUL CONDUCT: NO liCENSE
HEREUNDER SHALL, 3-1013 REVOCATION OF LICENSE, 3-1014 PENALTY,
AND 3-1015 CONSTITUTIONALITY; 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 and re-
enact Chapter 10, Title 3;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE- CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1:
That Chapter 10, Title 3, of the Revised and Compiled
Ordinances of the City of Meridian known as 'PEDDLERS AND SOLICITORS", is
hereby repealed.
VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE
PAGE 1
SECTION 2:
That Chapter 10, Title 3, of the Revised and Compiled
Ordinances of the City of Meridian is hereby re-enacted and shall be known as
'VENDORS, PEDDLERS AND SOLICITORS", and shall read as follows:
VENDORS, PEDDLERS AND SOLICITORS
3-1001
Purpose: The purpose of this chapter shall be to protect the
health, safety and/or welfare of residents of the city and to protect
its citizens from crime by means of regulation of vendors, peddlers
and/or solicitors.
3-1 002
Jurisdiction: The following provisions shall apply to peddlers,
vendors and/or solicitors operating or doing business within the
incorporated areas of the City of Meridian.
The provisions of this ordinance are not intended to prohibit or
hamper speech which is protected by the First Amendment of the
U. S. Constitution, but merely to regulate specific activities of a
commercial nature.
3-1 003
Definitions:
Peddler or Vendor - Any person traveling by foot, motor vehicle,
bicycle or any other type of conveyance from place to place, from
house to house, or from street to street, carrying, conveying or
transporting goods, wares, merchandise, food or farm products or
provisions, offering and/or exposing the same for sale, making
sales, or delivering articles to purchasers.
Solicitor - Any person traveling either by foot, motor vehicle,
bicycle or any other type of conveyance, from place to place, from
house to house, from street to street, taking or attempting to take
orders for sale of goods, wares, merchandise, personal property of
any nature whatsoever for future delivery, or for services to be
furnished immediately or performed in the future, whether he or she
is collecting advance payments on such sales or not. Such
definition includes any person who, for himself, herself, or for
another person hires, leases, uses, or occupies any premises
within the city for the sole purpose of exhibiting samples and taking
orders for future delivery.
3-1 004
License Required: It shall be unlawful to act as a vendor, peddler,
or solicitor, or to employ another in such business within the
VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE
PAGE 2
3-1 005
3-1 006
I meaning and application of this chapter, without first securing a
license to do so from the City Clerk.
Exceptions:
1. A person invited to the premises or place by the occupant or
owner of the premises or place.
2. Any sales under a court order.
3. The sale of a newspaper subscription in which the seller is a
person engaged in both the delivery and sale of the newspaper.
4. The occasional sale of admission by local school students to a
function of their school or in support of a school program or fund
raising sales by local service clubs or groups such as Optimists,
Elks, Kiwanis, Rotary, Lions, Boy or Girl Scouts.
5. Garage, yard or similar sales by individuals at their residence or
place of business not exceeding three (3) separate sales in one
calendar year, not to exceed three (3) days each, which sales
shall not include business inventory or items that have been
purchased for the purpose of resale from another garage sale.
6. Any political group or candidate seeking funds, membership or
support.
7. A bona fide auction sale.
Application: Any person desiring a license to engage as a vendor,
peddler, or solicitor within the City of Meridian shall make
application therefor to the City Clerk on a form to be provided which
shall state the following information, but which shall not necessarily
be limited to the following information:
1. Name and Address of the applicant. If the applicant is an
association, company or corporation, then it shall state its name
along with the names and descriptions of those who will be
soliciting in the city.
2. Address, both headquarters and local.
3. A brief description of the nature of the business and the goods
to be sold and in the case of farm or garden products, whether
produced or grown by the applicant.
VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE
PAGE 3
4. If employed, the name and address of the employer, together
with credentials establishing the exact relationship between the
employer and the applicant.
5. The proposed method of operation, length of time for which the
right to do business is desired and if a motor vehicle is to be
used, a description of the same together with license number
and other means of identification.
6. Whether a permit or license issued to the applicant has been
revoked during the last five (5) years, and if so, where and
when.
7. A statement as to whether the applicant, or any partner or any
officer or director has:
A. Forfeited bail
B. Been arrested
C. Convicted
D. Fined
E. Jailed; or
F. Placed on probation for any violation of the law.
8. The place where the goods or property proposed to be sold, or
orders taken for the sale thereof, are manufactured or produced,
where such goods or products are located at the time said
application is filed, and the proposed method of delivery.
9. When the applicant proposes to sell any prepared food product
for human consumption, a certification from the Central District
Health District and/or any other applicable license required shall
be required prior to the issuance of this license.
10.An agent upon whom service of process may be made in the
State of Idaho.
3-1 007
Investigation of Applicant:
1. Upon receipt of application, or application for renewal, the City
Clerk shall refer the application to the Chief of Police, who shall
cause an investigation to determine the validity and
completeness of the information presented on the application.
VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE
PAGE 4
(
The Chief of Police shall endorse upon the application the
findings of the investigation and return it to the City Clerk.
2. If the applicant or his employer has been convicted of any crime
involving morale turpitude within the past five (5) years, or if the
applicant has made a false statement on the application, it shall
be denied.
3. Two (2) photographs of the applicant that are two inch by two
inch (2" x 2") showing the head and shoulders of the applicant
in a clear and distinguishable manner.
4. Any applicant, or employee of an applicant, shall be required to
have their fingerprints taken as a part of the investigation.
3-1 008
Bond Requirement: Before any license as provided herein shall
be issued for engaging in the business of peddler, vendor or
solicitor as defined in this chapter the following must occur:
1. Every applicant plying his trade as an individual, shall file with
the City Clerk a surety bond, a cashier's check, or a letter of
credit from a bank in the amount of one thousand dollars
($1 ,000.00) running to the city.
2. Every business, firm, company, individual or corporation, which
has two or more employees or agents acting in the capacity of
vendor, solicitor, or peddler, shall file with the City Clerk a
surety bond, cashier's check or letter of credit from a bank in the
amount of one thousand dollars ($1 ,000.00) running to the city
for each employee or agent. The surety bond must be made by
an agent upon which service of process may be made in the
State of Idaho.
3. Action on the surety bond or cashiers check may be brought
directly by any person damaged by a licensee's violation of any
provisions of this chapter.
4. After expiration of a license, the City Clerk shall, upon
application of the licensee, return the bond, cashier's check or
letter of credit ninety (90) days after receipt of application for
return, unless the City Clerk has been notified of the prudence
of any claim or cause of action by any person upon the bond,
cashier's check or letter of credit.
VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE
PAGE 5
3-1 009
3-1010
3-1011
License Fees: License fees charged for administration and
enforcement of this chapter shall be established as follows:
Peddlers, vendors or solicitors shall pay a license fee of:
A. $25.00 per month or fraction thereof; or
B. $65.00 for three (3)months; or
C. $125.00 for six (6) months.
Issuance I Denial and Exhibition of License
1. The City Clerk shall notify the applicant when his license
request is approved, and shall issue a license.
2. The City Clerk shall notify the applicant if his license is denied,
the reasons therefor, and advise him of his rights to appeal to
the city council.
3. The license shall be exhibited in a conspicuous place on the
motor vehicle or other mode of transportation if the licensee is
using a motor vehicle or other mode of transportation.
Otherwise, the license must be kept on the person and exhibited
at any time upon request.
Restrictions:
1. No licensee shall have any right to any fixed, regular or
established location in a public street, sidewalk or right of way,
nor shall the licensee be permitted to conduct his business in
any congested area where his operations might impede or
inconvenience the public. The judgement of a police officer is
deemed conclusive as to whether the area is congested or the
public is impeded. or inconvenienced.
2. No business activity shall be carried on in any area of the city by
any licensee where such business is prohibited by the city
zoning Ordinance. No licensee shall be permitted to conduct
his business or trade in or on any city park, city building, or
adjacent grounds.
3. Vendor carts, motor vehicles are prohibited within fifteen (15)
feet of a fire hydrant, fire escape, bus stop or loading zone.
VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE
PAGE 6
(
4. Business activity as regulated by this chapter shall only be
conducted on private property with written approval of the
property owner.
5. Hours of operation: Vendors, peddlers or solicitors shall be
allowed to engage in their licensed business only between 9:00
a.m. and one half (1/2) hour after sunset. All vending stands,
carts, or vehicles must be removed from public property during
non-vending hours. The city council may make an exception to
the usual hours of operation if a special event permit is sought.
3-1012
6. Removal of trash: All trash or debris accumulating within twenty
(20) feet of any vending stand shall be collected by the vendor,
peddler or solicitor and deposited in trash containers. All
vendors or peddlers selling food or beverages must provide
trash receptacles adjacent to or as a part of their stands.
Unlawful Conduct: No licensee hereunder shall:
1. Misrepresent the purpose of, or affiliation of those engaged in
the solicitation, peddling or vending.
2. Continue efforts to solicit or peddle to an individual once that
individual informs the solicitor or peddler that they do not wish to
give or purchase anything from that solicitor, peddler, or vendor.
3. Represent the issuance of any license under this chapter as an
endorsement or recommendation of solicitation.
4. Enter upon any premises when the same is posted with a sign
stating "No peddlers allowed", or "No solicitation allowed", or
"No vendors allowed", or other words to such effect.
5. Knowingly make any false statement on an application for a
license.
3-1013
Revocation of License: The city council has the power to revoke
any license granted in accordance with this chapter for any of the
following causes:
1. Fraud, misrepresentation or false statement contained in the
application for license;
2. Fraud, misrepresentation or false statement made in the course
of conducting the business or trade.
VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE
PAGE 7
(
3-1014
Penalty: Any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, as punishment
therefor, shall be fined not more that three hundred dollars
($300.00) or serve for more than six (6) months in the county jail, or
both. Additionally, any applicant for a license having signed under
oath upon penalty of perjury may be prosecuted under the laws of
the State of Idaho pertaining to perjury if any portion of the
application is found to be untrue or if the applicant has been found
to have violated the Idaho Consumer Protection Act.
3-1015
Constitutionality: In the event any portion or segment of this
chapter is found to be unconstitutional, the remaining portion shall
be unaffected and enforceable.
SECTION 3. EFFECTIVE DATE: WHEREAS, there is an emergency
therefor,
which emergency is hereby declared to exist, this Ordinance shall be in full force
and effect
from and after its passage, approval and publication according to law.
PASSED AND APPROVED this L day of
.JVt- 'J
1998.
CITY OF MERIDIAN
ATTEST:
WilliAM G. BERG, JR.-
6-30-98 - Final
VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE
PAGE 8
ORDINANCE NO. 795
AN ORDINANCE OF THE CITY OF MERIDIAN, REPEALING SECTIONS 7-518 D. 2., 7-
518 D. 8., AND 7-518 F., OF CHAPTER 5, TITLE 7, USE OF THE PUBLIC SEWERS,
OF THE REVISED AND COMPLIED ORDINANCES OF THE CITY OF MERIDIAN; AND
RE-ENACTING SECTIONS 7-518 D. 2., 7-518 D. 8., AND 7 -518 F., CHAPTER 5, TITLE
7, USE OF THE PUBLIC SEWERS, AND AMENDING SECTION 7-535, SEWER
CONNECTION CHARGE, AND SECTION 7 -543, PENALTIES, 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 Sections 7-518 0.2.,7-
518 D. 8., and 7-518 F., Chapter 5, Title 7, and to re-enact Sections 7-518 D. 2.,7-518 D.
8., and 7-543, and to amend Section 7-535 and Section 7-543, Chapter 5, Title 7;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1: That Sections 7-518 D. 2., 7-518 D. 8., and 7-518 F., Chapter 5,
Title 7, of the Revised and Compiled Ordinances of the City of Meridian are hereby
repealed.
Section 2: That Section 7-518 D. 2., Chapter 5, Title 7, of the Revised and
Compiled Ordinances of the City of Meridian, is hereby re-enacted and shall read as
follows:
7 -518 D. 2. USE OF THE PUBLIC SEWERS:
0.2 Any water or wastes containing fats, wax, greases or oils, whether
emulsified or not or containing substances which may solidify or become viscous at
temperatures between thirty-two and one hundred fifty degrees Fahrenheit (320
and 1500F (00 and 650C).
ORDINANCE FOR CHANGES TO TITLE 7, CHAPTER 5
USE OF THE PUBLIC SEWERS, SEWER CONNECTION
CHARGE AND PENALTIES
1
Section 3: That Section 7-518 D. 8., Chapter 5, Title 7, of the Revised and
Compiled Ordinances of the City of Meridian, is hereby re-enacted and shall read as
follows:
7-518 D. 8. USE OF THE PUBLIC SEWERS:
D. 8. Any water or wastes having a pH in excess of 9.0.
Section 4: That Section 7-518 F, Chapter 5, Title 7, of the Revised and
Compiled Ordinances of the City of Meridian, is hereby re-enacted and shall read as
follows:
7-518 F USE OF THE PUBLIC SEWERS:
F. Grease, oil and sand interceptors shall be provided when, in the opinion of
the City, they are necessary for the proper handling of liquid wastes containing
grease or any flammable wastes, sand or other harmful ingredients; except that
such interceptors shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the City and shall be
located as to be readily and easily accessible for cleaning and inspection. These
interceptors shall be adequately maintained and are subject to periodic
inspection by the City.
Section 5: That Section 7 -535, Title 7, Chapter 5, of the Revised and
Compiled Ordinances of the City of Meridian is hereby amended and shall read as
follows:
7-535: SEWER CONNECTION CHARGE:
The owner, or his agent, of all properties connecting the public sewer of the City
under the terms of the Chapter shall pay a sewer connection charge of one
thousand five hundred eighty dollars (1 ,580.00) for each equivalent connection of
fraction thereof as may be assigned to the property by the City.
For properties that have an existing public sewer adjacent to their property
without direct cost to the present owner or former owners of the property, there
2
ORDINANCE FOR CHANGES TO TITLE 7, CHAPTER 5
USE OF THE PUBLIC SEWERS, SEWER CONNECTION
CHARGE AND PENALTIES
(
shall be an additional connection charge of one thousand five hundred eighty
dollars ($1 ,580.00) for each equivalent connection thereof as may be assigned to
the property by the City.
Section 6: That Section 7-543, Title 7, Chapter 5, of the Revised and
Compiled Ordinances of the City of Meridian is hereby amended and shall read as
follows:
7-543: PENALTIES:
Any person found to be violating any provisions of this Chapter, other than
nonpayment of a sewer bill, shall be served by the City with a written notice
stating the nature of the violation and providing three (3) working days for the
satisfactory correction thereof. The offender shall, within the period of time stated
in such notice, permanently cease all violations and if necessary make all
corrections and repairs to the system or pay for same if the City has to make the
correction(s) or repair(s).
Any person who shall continue any violation, beyond the time limit provided for
hereinabove in this Section, shall be guilty of a misdemeanor, and on conviction
thereof shall be subject to a fine not exceeding one thousand dollars ($1 ,000.00)
or imprisonment not exceeding thirty (30) days or both such fine and
imprisonment for each violation. Each day in which such violation shall continue
shall be deemed a separate offense.
Any person violating any of the provisions of this Chapter shall become liable to
the City for any expense, loss, or damage occasioned by the City by reason of
such violation and, for other than nonpayment of sewer bill violations, may have
their sewer and water supply terminated after the above ten (10) day notice
period has expired.
These penalties shall not be constructed to be exclusive but shall be construed to
be cumulative of, and in addition to, any other penalties provided for in the
Revised and Compiled Ordinances of the City of Meridian or the Criminal Code of
the State of Idaho; as an example, a person injuring the sewer system could be
criminally charged with malicious injury to property; for all violations initially
charged as a criminal violation the notice provisions provided for in this Chapter
shall not apply.
Section 7: EFFECTIVE DATE: WHEREAS, there is an emergency therefor,
ORDINANCE FOR CHANGES TO TITLE 7, CHAPTER 5
USE OF THE PUBLIC SEWERS, SEWER CONNECTION
CHARGE AND PENALTIES
3
(~-
'~
which emergency is hereby declared to exist, this Ordinance shall be in full force and
effect from and after its passage, approval and publication according to law.
PASSED AND APPROVED this 71fday of JuI'j-
, 1998.
CITY OF MERIDIAN
ATTEST:
ILLIAM G. BERG, JR.
6-30-98 - Final
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ORDINANCE FOR CHANGES TO TITLE 7, CHAPTER 5
USE OF THE PUBLIC SEWERS, SEWER CONNECTION
CHARGE AND PENALTIES
4
MERIDIAN CITY COUNCIL MEETING: JULY 7,_1998
APPLICANT: W. H. MOORE COMPANY ITEM NUMBER: 9
REQUEST: LATECOMERS AGREEMENT FOR MERIDIAN BUSINESS PARK & INTERSTATE CENTER
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED LETTER
CITY ENGINEER: SEE ATTACHED MEMO
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
Uv
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.
W.H.9
MOORE
C O M P A N Y
Real Estate Development
600 N. STEELHEAD WAY, SUITE 144 (83704)
P.O. BOX 8204
BOISE, IDAHO 837074204
June 22, 1998
Will Berg, City Clerk
City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
Re: Meridian Business Park
]Franklin Road and Baltic Lane
Interstate Center
Blue Marlin Lane and Overland Road
Dear Will:
TELEPHONE (208) 323.1919 / FAX 323-7523
REcErvED
JUN 2 3 1998
CITY OF MERIDIAN
The WH Moore Company is requesting that the Meridian City Council approve the preparation
of Late Comers Agreements for the referenced projects. Winston Moore developed both
business parks, which included installation of sewer and water.
Please contact me should you have any questions.
Sincerely,
nathan R. Seel
For the WH Moore Company
Ta Mayor & Council
Ron,, Gary D. Smith, PE
CCs file / City Clerk
Daae.- 07/01/98
Roc W.H. Moore Co. — Latecomers Request
RWETvED
J u L - 1 1993
CITY OF MERIDIANI
Post -it° Fax Note 7671
Date /r /
pages
To
From
d ('
Co./Dept.
Co.
Phone H
Phone $
Fax n D I
'FulV&7_JZ.1-7
W.H. Moore has filed a request for approval of a latecomer's agreement for installation of oversized
sewer and or water lines in the Interstate Center and Meridian Business Park developments.
Interstate Center required installation of a 12 -inch diameter water line in Meridian Road from the west
boundary of the Sandman Motel project to this developments west boundary. This water line has
excess capacity to serve land adjacent to the north and south of its alignment. They also built some fl-
inch diameter sewer line in Overland Road that will serve properties to the south.
Meridian Business Park required installation of a 12 -inch diameter water line in Franklin Road and a
short length of 84nch diameter sewer line that will serve properties to the east and south of Franklin
Road.
W.H. Moore's request Is made in accordance with the "Cooperative Agreement° section of the sewer
and water use ordinance forthe City of Meridian.
Regards,
Gary.
• Page 1
From the desk of...
Gary D. Smith, PE
Meridian City Enema
Meridian Public Wada Dcparaixnt
200 E Cailtnn St., Suitc 100
Meridien, Who 83612.2600
(20R) 887,221 l
Fax (208) 887.1297
** TOTAL PAGE.01 **
MERIDIAN CITY COUNCIL MEETING: JULY 7 1998
APPLICANT: W. H. MOORE COMPANY ITEM NUMBER: 9
REQUEST LATECOMERS AGREEMENT FOR MERIDIAN BUSINESS PARK & INTERSTATE CENTER
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED LETTER
CITY ENGINEER: SEE ATTACHED MEMO
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO, POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
C O M P A N Y
Real Estate Development
600 N. STEELHEAD WAY, SUITE 144 (83704)
P.O. BOX 8204
BOISE, IDAHO 83707-2204
June 22, 1998
Will Berg, City Clerk
City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
Re: Meridian Business Park
Franklin Road and Baltic Lane
Interstate Center
Blue Marlin Lane and Overland Road
Dear Will:
TEL
The WH Moore Company is requesting that the Meridian City Council approve the preparation
of Late Comers Agreements for the referenced projects. Winston Moore developed both
business parks, which included installation of sewer and water.
Please contact me should you have any questions.
Sincerely,
nathan R. Seel
For the WH Moore Company
JUL 01 '96 16:36 FR PUBLIC WORKS ROBBB71297 TO CITY HRLL P.01/01
Ta Mayor & Council
From Gary D. Smith, PE
CC: file / City Cleric
Date: 07/01/98
Rea W.H. Moore Co. — Latecomers Request
F,F;GE'vED
,. ,- — c
Post-ir Fax Note 7671
/
Ages",
EFM
S.
Co./Dept, Lql
CO.
Phone #
P.hOne A
Fax h p
Fax N
—1
W.H. Moore has filed a request for approval of a latecomer's agreement for installation of oversized
sewer and or water lines in the Interstate Center and Meridian Business Park developments.
Interstate Center required installation of a INrich diameter water line in Meridian Road from the west
boundary of the Sandman Motel project to this developments west boundary. This water line has
excess capacity to serve land adjacent to the north and south of its alignment. They also built some fl-
inch diameter sewer line in Overland Road that will serve properties to the south.
Meridian Business Park required installation of a INrich diameter water line in Franklin Road and a
short length of 84nch diameter sewer line that will serve properties to the east and south of Franklin
Road,
W.H. Moore's request Is made in accordance with the "Cooperative Agreement' section of the sewer
and water use ordinance forthe City of Meridian.
Regards,
Gary.
• Page 1
from the desk of...
Gary U. Snaith, PE
Meridian City Enpneer
Mardian Public We& Dcp&nrm c
200 E Ca LM St-, Suite 100
Meridian. Idaho 83642.2600
(200) 987-22))
Fax (208) 887-I297
** TOTAL PAGE.01 **