Loading...
HomeMy WebLinkAbout1997 12-02 I f MERIDIAN CITY COUNCIL AGENDA TUESDAY, DECEMBER 2, 1997 - 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X WALT MORROW X GLENN BENTLEY X MAYOR ROBERT CORRIE MINUTES OF PREVIOUS MEETING HELD NOVEMBER 18,1997: (APPROVED) X CHARLIE ROUNTREE X RON TOLSMA 1. TABLED SEPTEMBER 16, 1997: FINAL PLAT FOR DEVLIN PLACE SUBDfVISION BY D.W. INC.: (TABLED UNTIL JANUARY 20, 1997) 2. TABLED NOVEMBER 5,1997: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: (TABLED UNTIL DECEMBER 16,1997) 3. TABLED NOVEMBER 18, 1997: ORDINANCE #779 - TREE ORDINANCE: (TABLED UNTIL DECEMBER 16, 1997) 4. PUBLIC HEARING: ORDINANCE # 781 - DOG ORDINANCE: (APPROVED) 5. REQUEST FOR HOOK UP TO CITY WATER FOR 2146 S. LOCUST GROVE ROAD BY MARVIN WERTH: (APPROVED WITH DOUBLE FEE) 6. REQUEST FOR HOOK UP TO CITY SEWER FOR 939 E. PINE BY WILLIAM HUMPHREY: (APPROVED WITH DOUBLE FEE; HALF TO BE REFUNDED WHEN ANNEXED) 7. RON VAN AUKER: DISCUSSION OF EAGLE ROAD SEWER LINE EXTENSION: (COMMITTEE TO EXPLORE EXTENSION OF SEWER LINE) 8. COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE CREEK SUBDIVISION: (APPROVED) 9. WATER AND SEWER LATE COMERS A~REEMENT FOR SUMMERFIELD SUBDIVISION: (APPROVED AS AMENDED) 10. DI-SCUSSION CONCERNING RELEASE OF NAMES OF APPLICANTS FOR THE PARKS & RECREATION DIRECTOR POSITION: ~ 11. DISCUSSION OF PROPOSED FILING FEES: (TABLED UNTIL DECEMBER 16, 1997) 12. DISCUSSION OF GENERATION PLAZA REVENUES: (APPROVE $100,000 OPERATING BUDGET) 13. IDAHO POWER SUBSTATION AT BLACK CAT ROAD AND FRANKLIN ROAD: 14. WATERlSEWERlTRASH DELINQUENCIES: (APPROVED) 15. APPROVE BILLS: (APPROVED) 16. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. IDAHO POWER EASEMENT FOR lULL Y PARK: (APPROVED) 2. WARRANTY DEED TO NAMPA MERIDIAN FOR PUMP HOUSE IN TULLY PARK B. POLICE CHIEF GORDON: 1. AMENDMENT OF TRANSFER OF LIQUOR LICENSE ORDINANCE: c. WALT MORROW, CITY COUNCILMAN: 1. INSPECTORS CONTRACTS: (APPROVED L YND INC., RMI, WHITMAN & ASSOCIATES) 2. UNIFORM MECHANICAL CODE FOR 1997: D. MAYOR ROBERT CORRIE: 1 ~ APPOINT MARK NELSON TO FENCE VARIANCE COMMITTEE: ( MERIDIAN CITY COUNCIL DECEMBER 2. 1997 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 P.M.: MEMBERS PRESENT: Walt Morrow, Charlie Rountree, Glenn Bentley, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Bilt Humphrey, Ronald Van Auker: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 18, 1997: Corrie: Are there any corrections? Tolsma: I move they be approved as written. Morrow: Second Corrie: Motion made they be approved as written, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED SEPTEMBER 16, 1997: FINAL PLAT FOR DEVLIN PLACE SUBDIVISION BY D.W. INC.: Morrow: Mr. Mayor, there is a letter in our packet in our box tonight from Dan Wood D. W. Inc. requesting this be tabled until January 20, 1998. I would move that we table to January 20, 1998. Rountree: Second Corrie: It has been moved and second that we table the final plat for Devlin Place Subdivision until January 20, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORA liON: Corrie: Walt do we have that? Morrow: We are still waiting (inaudible) I think it would be appropriate to table this to our first meeting, actually we are supposed to be seeing that irrigation ordinance according to the information from our strategic planning on Tuesday last right away. So let's table this to the 16th of this month and we can act on it after we have dealt with the irrigation ordinance. ( Meridian City Council December 2, 1997 Page 2 Bentley: Second Corrie: Motion made and seconded that we table this item #2 until December 16, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED NOVEMBER 18, 1997: ORDINANCE #779 - TREE ORDINANCE: Corrie: Charlie? Rountree: Mr. Mayor 'Nhen last we discussed this in the planning meeting I indicated I would get my draft comments to Wayne the next day. I failed in doing that and was not able to get them to him on Thanksgiving either. So t got them to him last Friday and I suspect you are working on those? Crookston: Did you put them in my box, f actually haven't seen them yet. Because of my disheveled office I will get to it. Rountree: So I would move that we table the action on the tree ordinance until December 16. Tolsma: Motion made and seconded that we table ordinance #779 until December 16, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING: ORDINANCE #781 -.. DOG ORDINANCE: Corrie: At this time I will open the public hearing and since this is an over 5% increase we wilt have the City Clerk read Ordinance #781 in its entirety and then we will have comments from the floor. Berg: Thank you Mayor (Ordinance #781 - Dog Ordinance, Read in Entirety - See Tape) Corrie: Is there anybody from the public that would like to enter testimony at this time on Ordinance #781? Council, questions of staff? I will close the public hearing and entertain a motion on Ordinance #781. Bentley: Mr. Mayor, I move we adopt Ordinance #781 with suspension of rules. Rountree: Second ( Meridian City Council December 2, 1997 Page 3 Corrie: Motion made and seconded that we adopt Ordinance #781 with suspension of rules, roll call vote ROLL CALL VOTE: Morrow- Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea Bentley: Will if you would get a copy of this made and give it to the staff up front, especially Leslie, they need a copy of what the rates are for the dog licenses. Berg: We don't collect the dog licenses here it is done at the police department. Bentley: But they have been getting some calls as to what they are. Berg: This will be in effect after the second publication in the newspaper which should be toward the end of this month. ITEM #5: REQUEST FOR HOOK UP TO CITY WATER FOR 2146 S. LOCUST GROVE ROAD BY MARVIN WERTH: Corrie: Council, do you have any questions of Mr. Werth? Staff, any questions? Morrow: Mr. Mayor, I don't have any questions of Mr. Werth, but Gary your comments please? Smith: Mr. Mayor and Councilman Morrow and Council members, the water is on the west side of Locust Grove Road at this location. So the resident would need to tap the water line and bring it across the road to the property as part of their cost to connect. Morrow: Mr. Mayor, follow up question Mr. Smith that also meets with the typical since it is not in the city limits. Smith: There would be a double assessment fee for the water. The user fee for the water used would be the same as the resident inside the City limits. Morrow: As a comment Mr. Mayor I have no problem with the water hook up. Corrie: I will entertain a motion on the water hook up. Morrow: I would move that we grant the request for the hook up to City water at 2146 S. Locust Grove Road by Marvin Werth indicating that it may be hooked to the City Water with a payment of the double hook up fee. Rountree: Second ( / I Meridian City Council December 2, 1997 Page 4 Corrie: Motion made and second to the request of the hook up to City water for 2146 S. Locust Grove Road by Marvin Werth, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: REQUEST FOR HOOK UP TO CITY SEWER FOR 939 E. PINE BY WILLIAM HUMPHREY: Corrie: Council, any, I believe you are on the sewer now you are wanting to be on the sewer. Any questions from Council? Morrow: I have one question, Mr. Humphrey, if I understand your letter correctly you are surrounded by the City currently? Do you have (inaudible) Humphrey: That is correct Morrow: And your opposition to being annexed into the City? Humphrey: I have none, I am assuming I will be annexed eventually anyway since I am in the impact area and I am surrounded at this time. Presently I am on City water and trash collection and have been for the past 15 years. Morrow: Very obviously one of the things that this Council needs to do before we run out of the time and that the next Council needs to do very quickly is annex the enclaves and clean up the City boundaries. I guess my suggestion to you would be is do you need this right away? Humphrey: I am presently in the process of getting my permits together this being one of them to be able to hook up to the sewer. I have the blueprints drawn up already the permits will follow. Morrow: Is that for an expansion on your existing house? Humphrey: No this is for a new dwelling on my property which will entail me removing my present dwelling. Morrow: I guess what I am trying to do here is to figure out a way to save you some money because currently it would be a double fee and if your annexed you pay a single hook up fee. Since Shari is not here Rountree: It might be real difficult with the County to even put a dwelling on that lot Morrow: Well that is a potential problem, but where he is demoing one house and replacing it with another they probably ( Meridian City Council December 2, 1997 Page 5 Humphrey: I have been in contact with the County and that is pretty much the procedure. I cannot have at this time being in the County two dwellings on my present piece of property. The ruling on that would be with the mother-in-law clause and after further investigation on that that dwelling would have to be behind the main dwelling or to the side of the new dwelling. Which in this case the demo of the existing house is going to happen. Morrow: Mr. Mayor if I may ask Mr. Smith, Shari is not here can you think of any, what would be the hang ups in terms of getting the property annexed so there wouldn't be a double hook up fee and in the time frame? Smith: I don't know that there would be any hang ups Councilman Morrow, the property has City limits on the north side of it according to our city limit map and on the east side of it You are still County on the west and to the south of you. Humphrey: I believe to the railroad tracks and then it goes back to the City again if I am not mistaken. Smith: Well it shows that it is still county all the way down the rail road tracks behind YOUa But he is adjacent to the City on the east side and north side so he is contiguous it would just be a matter of running it through the Planning and Zoning because it would require a public hearing at each place. Plus the notification required for the meetings. Morrow: What kind of expenses are to him as to apply for that? Smith: I can't tell you Councilman Morrow I don't know right off hand what the cost is to annex. I think we are talking about $1500 plus dollars in addition to a double fee) in other words to connecta I can't believe it would be that much to annex the property. Humphrey: $400 plus $15 per acre more I believe is the cost. I think what I am looking at there is the time frame involved (inaudible) I would like to move forward with this if possible. Morrow: So your time schedule then obviously with the P & Z meeting and public hearing, Gary? Smith: I think the Council has before taken a stance that if a property wishes to go ahead with the annexation process that wants to pay the double fee. But if you proceed with the annexation process once that is complete then half of that fee is refunded to you. I believe the Council has done that before if I am not mistaken. Morrow: My next suggestion here is obviously in your case it is a time frame issue and to do a regular annexation would be almost two months. What we have done is we have (inaudible) instead of the second fee upon annexation, if that is an avenue you wish to take that is available to you. ( Meridian City Council December 2, 1997 Page 6 Humphrey: Well at this point I don't see I have much choice. Morrow: Well sure you can double fee and stay 'vVhere you are at or you can save some money. Humphrey: Let me ask you this then, how long is it going to be before I am enveloped by the City? Morrow: Well I would suggest to you that given to your situation now if you are close to being surrounded you are probably within realistically 6 to 12 months of being annexed into the City anyway. I guess it is up to you 'vVhat do you want to do? Humphrey: Let's run with it. Corrie: If there are no further questions I will entertain a motion. Morrow: Mr. Mayor I would move that we grant Mr. Humprey's request to hook up to City sewer and that he in fact pay a double fee for that hook, and upon successful annexation of his property that half of that fee be reimbursed to him. Bentley: Second Corrie: Motion made and second the rest for the hook up to the City sewer by William Humphrey be approved with as stated, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: RON VAN AUKER: DISCUSSION OF EAGLE ROAD SEWER LINE EXTENSION: Corrie: Ron? Morrow Mr_ Mayor, for purposes of clarification Mr. Van Auker and I are both contractors we have been involved in construction business in the past. I don't perceive that to be any conflict of interest but I would appreciate the Council making that determination. Corrie: Do you own any property this is going to be on? Van Auker: For the purpose of discussion tonight Councilman Morrow none of your ground is contiguous to this ground or is it affected by this. Morrow: That is correct. ( Meridian City Council December 2, 1997 Page 7 Corrie: Council any comments? Rountree: To Walt's inquiry, I have no problem. Corrie: You may sit in Mr. Morrow, Ron go ahead. Van Auker; Mr. Mayor and the Councilmen and City representatives and audience thank you for your time here this evening. I would like to discuss just briefly '#hat stimulated my appearance here this evening. It comes from a meeting I had with our P & Z Administrator Ms. Stiles last week when she suggested I come before the Council and maybe discuss this so you can be thinking about it then we can do something about it at a future date. We will be taking action of some sort and there will be a lot of questions and we want you to be prepared just briefly. As you know we have been working on the and f will call it for all intensive purposes the East Meridian sewer line that services some 320 acres to east Meridian. This has been going on since 1995 and we Van Auker Construction my company took the lead for all of the property owners as their representatives to get the sewer designed, get it approved and get it built all of which we would all participate back in the cost. All of the key members of the group to provide that sewer as is shown and has been approved by this City are in agreement and were in agreement at the time. At such time as we decided to go forward with it the key member of '#hich is outJined in yellow is a piece of ground that was needed for easement to place the sewer line and what 1 bring before the Council here this evening is I think I need somehow we need your help in accomplishing what we perceive to be a problem. The problem is two fold and I have a vested interest, some of the other property owners have a vested interest. I think we have a health issue and we have now after meeting with the school the other day a new school that wants to go out in the area. There is a school and it is noted on the plan. Bonds have been posted for the sewer in the event that it wasn't placed in service and I think that was done in order to make sure the developer's feet were held to the fire and you get the sewer there. It is impossible for us to do it without this access. To keep this very brief and very short '#hat we are asking you or what we want to demonstrate to you is in the interest of myself and may property owners out there that we have done the following things. We have worked with the City of Meridian, we have 'NOrked with the Central District Health, the engineers, provided a complete sewer plan for several thousands of dollars, have bids on the project, we have the approval of the City, we have the approval of DEQ and all we need are the easements. J think that in addition to the physical easement we have an issue that has emerged based on problems with septic tanks in the area. Not only ones that are there but you are going to be receiving obviously requests for septic tanks in the future to service that area until such time as we get the sewer out there. I submit to you that we have a looming health problem out there and that we have got tanks being pumped and raw sewage on top of the ground in some areas. One of the, the only thing, the next item is the school district has come to us and we are now working with them in the planning of a location of the school and they have employed their architects and are going for the bond this year. For the middle that is desperately Meridian City Council December 2, 1997 Page 8 ;" (. needed out in the area. With all of this put together f think we all need to be aware of the issue and I think that I am asking you to consider the right or hopefully the opportunity we have if we can't get the one obstacle out of the way for either your assistance in condemnation or assistance in coming up with an alternate way to do it I think previously we had requested an extension at such time you had expressed an interest to know 'A'hat is going on. This is the time that we are coming before you and asking your help or your advice to do whatever we can to get this done. With that, that is my mission here this evening and I thank you for your time and , appreciate the chance to speak before you. If you have any questions I would be glad to answer them. Morrow: Mr. Mayor, have we not, this is the property we have been dealing with and I think Mayor Corrie and I as Councilmen dealt with over some two years ago, is this correct? Van Auker: Correct Morrow: So as a City we have not any place in terms of getting this done voluntarily. Van Auker: One of the areas in which we had a voluntary contribution with the assistance of the mayor and the Council members was enlisting the help that originally was not given to us and the easements by Mr. Sews and Mr. Wright. What happened then was one of the key members, Elixir Industries they had agreed originally with all of us in concert and then at the last minute said no we are not going to do it. Morrow: That was the meeting in excess of two years ago that Bob and I attended as Councilmen under the direction of then Mayor Kingsford we are some two years down the road here. Van Auker: Yes and it has been an ongoing process for us working with the key people here. We have tried many, many ways to get this done absent of acquiring the property and giving ourselves an easement Vv'hich I don't believe we speaking collectively of all the property owners are interested in doing. So I think that I don't know what else to do. I feel we have a responsibility to do something in attempting to come up. It was really interesting in an articfe the other day I saw an interesting thing in one of Shari Stiles final sum ups was and we need the tax base. 1 submit to you we could have 20 manufacturing plants out there in that 24 month period of time and we are tosing them to Nampa and to Boise. We need that area, here again I have a vested interested because I am a contractor and a land owner. So it is not like I am doing this just from a public spirit although I VJOuld like to think that is where it really comes from. But in all honesty I think we are missing some great opportunities and I say we and that is as a member and a tax payer in the City of Meridian and a proud member of the community. Morrow: So let me ask you this, is the problem still with one person? Van Auker: Yes Meridian City Council December 2, 1997 Page 9 ( ( Morrow: And everybody else is on board now? Van Auker: Yes, this is a rather brief package for something but alii want to do is make you aware of the problem. We can put together a complete package that I think would support this and get help from DEQ. I am not one and sometimes it goes against my grain to force somebody to do something that they don't want to do. I am not sure where we rest, Mr. Crookston obviously would advise on that. But I guess I don't know what else to do. Morrow: Well I guess if I may offer from my perspective and not to speak for Mayor Corrie but basically the two of us have struggled for over two years now to get this accomplished. Obviously it has gone no place and so my opinion is we are past the point of kind of being nice guys and waiting here. Ms. Stiles is correct it is in the City's best interest that we get the services provided here so we get the industrial and commercial retail base that we have been struggling so hard to get. We labor under enough of a handicap given impact fees and the pending increase of impact fees and the proximity of Nampa that we don't need to have this as an issue anymore. It sounds like to me what we have done is we have given the private sector long enough to resolve the problem without taking governmental action or assistance or coercion or whatever you wish to call it. Now we are to the point where it hasn't worked so we need to press forward. So it seems to me it is in the City's best interest certainly to clear the plate. Van Auker: One of the other key issues in adding on to your statement Mr. Morrow, in condemnation proceedings so much of the time and Mr. Crookston you can help me on this one, it always becomes an ugly issue because in many instances we are taking from and or damaging someone's propertYa By doing the very thing that we are talking about doing there is no way in which anyone could claim there are damages other than being able to sell the ground for 3 times what it is worth and having to pay more taxes. That might be the only damages that would be claimed and I say that in jest. The property is going to be worth more through this condemnation and the laying of the sewer lines than it is today. For that reason I feel that I don't feel too bad but again if I were the property owner I might look at it differently. But and I don't know how he'll look at it. I guess I have run out of resources and thought processes and I guess that is the reason I am here appealing for you to think about it and to instruct us what you want us to do. Gather more information or whatever resources we have to get this before you in a more professional manner more professional and factual. Morrow: Final comment Mr. Mayor, if memory serves me when you and I were dealing with this before the particular property that is with the hold out should their septic system fail or whatever the expansion plans may take place the City or County would not be inclined to issue the necessary permits so there would be a direct benefit to that property only by having those sewer line services available. So it seems to me that part ( Meridian City Council December 2, 1997 Page 1 0 of what we as a City need to do is get re-involved and find out what the facts are and press forward from there. Rountree: Mr. Mayor, I just have some questions because I am not entirely familiar with that piece of property. But is the easement that you are seeking or needing to extend the sewer the entire length of the yellow or does the yeltow just designate the property in question? Van Auker: That is the entire length of the yellow which runs through the property. There is already an existing road running down through the property but it is a private drive. But the road is existing and that really ties up with the road on the other side of Eagle Road which is for all intensive purpose Commercial Court goes to Albertson Sundry center. The 340 plus acres that it services expands off of the yellow tine to the right or to the east and south. Then of course at the top corner of the particular yellow area we are looking at just to give you your bearings is the beautiful new building of the health care company. Rountree: Another question about one of your comments was that there was potential health problem out there now with the possibility of sewage being on the surface. Has DEQ or anybody indicated to you or the City that is an issue? Van Auker: If anybody really wanted to take a real good look they could make their own determination. Rountree: That may be an avenue we want to explore to help resolve this. Van Auker: I come to you with these facts only from the standpoint that I think we, I would perceive it would be something less than desirable. Rountree: Certainly, Van Auker: So that doesn't involve personalities and somebody feeling that they we have singled them out really come from point of need in public and in community enhancement without detriment to the individual that we are asking this from. Rountree: I would have a question for the Mayor or Walt since you were involved in that property originally is there some condition on the septic system other than it failing that the City has a way of seeking some resolve here? Or is that allowed by the County? Morrow: Well very candidly, when we were involved in this in the very beginning this is a blind side deal. The assurances were all given that there were no problems here that (Inaudible) seemed to be with Mr. Sews and Mr. Wright. The two of us and Mr. Kingsford discussed the issue if memory serves me Mayor Kingsford had a conversation with Mr. Wright and it became a non-issue. So we proceeded ahead under the understanding that this was going to be a done deal. Now here we are a spokesman Meridian City Council December 2, 1997 Page 11 for the property owner apparently spoke well outside of his authorities so here we are now today with no accomplishment of this. Gary if memory serves me does not this portion or ultimately will be commercial court but is it not designed to link Commercial Court in Layne Industrial Park so that it goes all the way to Eagle Road at some point in the future. Is that linkage part of this same area? Smith: As I recall Councilman Morrow without looking at the map I think there is a little jog in the road but those two streets connect and provide service from Locust Grove to Eagle road there. Van Auker: That will get a lot of the traffic congestion straightened out and plus we will have the Pine Executive extension going all the way through to Cloverdale. Not only this section but on the Cloverdale and Eagle Road. Tolsma: Question there for Gary too, when we allowed that Olson Bush park down south of Lanark Street underneath the head land there. They were going to hook onto sewer also and this is part of that same configuration. I noticed on the map here that it shows a shot running through there because they couldn't go down the drain ditch across that one owners property, wouldn't allow them the easement there. So you went across the ditch and get back on, you have an office over there in the corner of Eagle and Lanark. Ron Yanke was inquiring about that a time or two about the city's sewer and water coming (inaudible) Van Auker: Ron Yanke, Mr. Yanke and myself own the area that you are talking about, the Olson Bush. The sewer will come across up Lanark Street cross over to Lanark on the corner south of the railroad tracks which is an industrial park of some 60 acres there. Which then by the way picks up the future development of Ed Sews' ground up on top of the hill and then clear over to the area of impact which includes more acreage. So it is key and integral to the whole part of it and in order to get the flow of the sewer based upon working with the engineering firm and Mr. Smith we had to do that on this side to get down so we are not 28 and 30 feet deep down in the ground because there is a natural flow going back that way. Corrie: Ron how was that proposed school supposed to be sewered? Van Auker: Well originally, there are two ways that we had talked about sewering it. Number one, one of the requirements of the seller was to either provide the sewer and or in the event he didn't provide he provide a bond. The school at one time without getting into too long of a story here at one time we had perceived we could go north and hook onto the City sewer because it is four foot off the impact line. Unfortunately for reasons that I don't know there evidently is a reason why we can't or they can't hook into the Boise sewer and the thought process was then to go north and hook into the line that the Upland Development people had put in crossed over and went over to service the residential area. At that point in time the school was going to buy or the purveyor of the property to the school was going to buy 21 hook ups at the suggestion Meridian City Council December 2, 1997 Page 12 of somebody at one point in time. And then subsequently replace that capacity when this other line came though. Now just for the record and those that don't know I am the seller to the school. So I do know quite a bit about it. Once again we have posted the money so the school can take down the money or we can go ahead and put it in. I think it is in the benefit of all us to get the sewer out there. Once the school is out there you have laid a line of future development because in goes Pine Street and in goes about 1 0 more industries or facilities. Thank you very much, I appreciate the opportunity and if you have any questions or need anything have Shari get a hold of me and I will get the information. Rountree: Thank you for the update. Morrow: Mr. Mayor, I think what I would like to see in terms of this particular issue is some action by Council tonight to set in motion some sort of activity so that we get moving forward and dealing with this issue. Whether it be appoint a couple person committee to start the process of instruct the City Attorney to do some research in terms of condemnation or (inaudible). It seems to me like we need to begin some action so that we begin to look forward. Rountree: Mr. Morrow, I don't disagree but I think the first step is maybe and maybe the last step the City needs to make and effort with the existing property owner to see if we can't get some agreement there. If not then we pursue the other actions we have as a second or last resort. Morrow: Mr. Rountree I am suggesting that committee do that, because we had a committee process before and it worked fairly well (inaudible) and now that isn't the case. So it seems to me that we have a committee that meets with the property owner after having explored all of our options with Mr. Crookston and the tools that we have at our disposal and then we have the discussion with the applicant and see if it is in his or her best interest to voluntarily join us. If not make them aware of what other options we have and our resolve as a City to move forward with line from the certain standpoints that we discussed tonight. So that would be as I see it. Rountree: I agree Corrie: Since you are going to get part of this vvould either of you two like to serve on the committee to take this on. I wilJ serve on it and Charlie would you serve on it? Rountree: Yes Bird: I will Corrie: And Keith okay all right, then why don't we set that up next week and Charlie with the committee you Keith and myself we will look at that next and meet with you Ron to talk to him. r' I \ ( Meridian City Council December 2, 1997 Page 13 Morrow: Mr. Mayor I would like to make a motion that we nominate a committee consisting of Councilman Rountree, Councilman-elect Bird, Mayor Corrie to meet with the City Attorney Crookston to explore our options with respect to the extension of the sewer line and meet with the one property O'Mler Elixir Industries to explore the avenues of extending the sewer line through that property. Authorize that committee to negotiate on behalf of the City. Tolsma: Second Corrie: Motion made and second, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: I don't see an item on the agenda but I believe City Clerk Berg received a letter from Great Western Chemical Co. requesting City approval of a septic tank installation~ (End of Tape) (Tape Inaudible) Van Auker: (Inaudible) this would all be funded by private dollars. And in the instance of the potential of what we are talking about condemnation we are not requesting that they participate in the today's cost that would be fronted and then the City could recover that back for the people to put up the money in the latecomers fees~ So for the benefit of everybody this is not, we are not asking the City to pay for any portion of this. That is all done by private money. Thank you very much. ITEM #8: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR GRANITE CREEK SUBDIVISION: Corrie: City Attorney have you reviewed these? Crookston: f reviewed them for last meeting, I had one comment and Will Berg and I discussed it today and now I can't remember what my comment was. Berg: It dealt with the square footage of the house and we looked it up in the development agreement and the zoning with Shari last week and it was okay. Crookston: That is the only comment I had. Corrie: Any questions from Council? We will need the City Council approval. Morrow: Mr. Mayor, I move that we approve the covenants, conditions and restrictions for Granite Creek Subdivision. ( ( Meridian City Council December 2, 1997 Page 14 Rountree: Second Corrie: Motion made and seconded that we accept the covenants, conditions and restrictions of Granite Creek Subdivision, any further comments? All those in favor? Opposed? MOTION CARRIED: AU Yea ITEM #9: WATER AND SEWER LATE COMERS AGREEMENT FOR SUMMERFIELD SUBDIVISION: Corrie: Counselor, you have the drafts of these two and I presume they are in order? Gary any comments? Smith: No I don't Mr. Mayor. Crookston: The only comment that I do have on both the water and the sewer late comers agreement is it states in paragraph 11 of the water late comers agreement, it is the last paragraph again it is 11 in the sewer, it says that this agreement may be renewed by mutual agreement by the City and the Developer. Our current ordinance for late comers agreement does not allow a renewal. So if you desire to have that I think we should change the ordinance so that it does allow that. Morrow: Mr. Mayor, my comment on that is that Mr. Crookston is correct, we did have a discussion in our planning session concerning the restructuring of the latecomers agreements. Essentially we discussed in those sessions the renewal option, we discussed 'Nhat was to constitute cost for reimbursement (inaudible) cost of easements and so on and so forth. We discussed profit margins, acceptable profit margins, others Mr. Smith that we discussed? Smith: I don't recall any other issues Councitman Morrow. Morrow: In terms of restructuring that I am in total agreement that we need to adopt of modify the existing ordinance to reflect those things. With respect to and I am not exactly sure how to do that but with respect to this latecomers agreement and Mr. Voigt this was prompted by an inquiry to me by one of Mr. Voigt's representatives and in researching this it has taken us over two years to get this late comers agreement in effect so that Mr. Voigt could receive his reimbursement. That is clearly outside the acceptable range of performance by the City in my opinion. So I want to see us act on this and begin to get him his monies. Very candidly as a City if we can't start performing better folk are not going to be willing to extend services that benefit us at their expense because their money is not returning to them in a timely manner. We had the same issue with the Nelson MacAlvain late comers agreement on Eagle Road. So I don't have a problem with adopting this ordinance or this late comers agreement as it is written if Meridian City Council December 2, 1997 Page 15 ( ( we can in fact do that. If we have to amend the ordinance before we can adopt this as it is written then we need to do that posthaste. Corrie: Counselor, which way should we go? Crookston: I believe that we should amend the ordinance so that it allows agreements to be renewed in the case that they are not totally collected within the ten year period that our ordinance now requires. Or that the agreement then lapses after that ten years. I definitely advise the City not to enter into this agreement until the ordinance is changed. Corrie: What is the time frame to get it changed? Crookston: If it is not in the Planning and Zoning or Development ordinance we can do it in one meeting. If it is in those then we have to have the hearings have to be done so we can amend. Will do you recall you mentioned something? Berg: I don't believe it is in the zoning or subdivision development ordinances. Crookston: If it is not in there then we can do it next meeting. Rountree: I would suggest if that in fact is the case of the ordinance and it does preclude that by language that we don't defer action on this but we add language to the paragraph 11 that would indicate that we wourd extend the period of consideration upon modification of the City's ordinance in advance of the agreement. Crookston: There is no doubt that I believe we can get it done. But if we don't I think that language (inaudible) Rountree: I think we can beat that schedule. Morrow: I am in agreement with Mr. Rountree, I think what we do is we adopt this with amending verbiage to reflect the change in terms of an extension so that this process right away and by virtue of having all three of those items that we discussed in terms of modifying or amending our existing ordinance done at our next meeting then we make what we have done here tonight valid at our next meeting by adopting those amendments to the ordinance. That would be my suggestion. Corrie: Comments from Council? Morrow: I would move that we adopt the late comers agreement between the City of Meridian, G.L. Voigt Construction Inc~ with respect to the water late comers agreement amending the last sentence on item 11 page 5 to read that less administrative fees after ten years from the date of this agreement, the agreement may be extended by mutual agreement of the City and the Developer at such time as the City ordinance allows for ( ( Meridian City Council December 2, 1997 Page 16 extension of a ten year time frame. If the City does not amend this ordinance then this agreement shall have a ten year life span. Also the same verbiage would be included on page 11 of the sewer late comers agreement, page 5 paragraph 11 of the sewer late comers agreement~ Rountree: Second Corrie: Motion made as stated and second, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: DISCUSSION CONCERNING RELEASE OF NAMES OF APPLICANTS FOR THE PARKS & RECREATION DIRECTOR POSITION: Crookston: Mr. Mayor may I make a comment on that, if this is something you are going to openly discuss you do have the option of going into Executive Session because there is a lawsuit pending on it. Morrow: So moved Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to go into Executive Session, all those in favor? Opposed? MOTION CARRIED: All Yea EXECUTIVE SESSION Corrie: We will bring the meeting back to order, in the executive session we had a discussion on the Parks and Recreation Director and other personnel (inaudible) and consequently no decision was made at that time. ITEM #11: DISCUSSION OF PROPOSED FILING FEES: Corrie: I think that was Shari's deal (Inaudible) Morrow: I will move that we table item #11 to our meeting of the 16th. Bentley: Second ( Meridian City Council December 2, 1997 Page 17 Corrie: Motion made and second that we defer the discussion on proposed filing fees until December 16, all those in favor? Opposed? MOTION CARRIED: AU Yea ITEM #12: DISCUSSION OF GENERATION PLAZA REVENUES: Morrow: Mr. Mayor, to bring you up to speed in our strategic planning session of last Tuesday we had a brief discussion in terms of Generation Plaza and how to move forward. At that point we suggested that we have a public discussion on the record of how we wanted tot handle the fees to get or the revenues to get Generation Plaza moving. The concept at our last meeting was that we were going to build it in the format that had been marketed by folk and that we needed to budget in the interim or the concept was to extend the fees or the monies to get the project moving so that it could be built as the donations came in reimburse those revenues. So the point of the discussion tonight is where do we generate $75,000 to $100,000 it takes to (inaudible). The other part of the discussion and my suspicion (Inaudible) Hawley Troxel tax attorney (inaudible) so we get the 5013C issue resolved. So that gives you some background (inaudible). Corrie: Any further Council discussion? Morrow: I think part of what we talked about is Charlie has some input (Inaudible) Rountree: I believe Mr. Mayor you gave me this information that APA has once again manipulated the air quality projects which includes the bike path project which would cause it to slip yet another year. We have in that budget (inaudible) for that federal aid project would be more than adequate to fund at least what looks like a major portion of this construction project. Another source of revenues that we will have I don't know (inaudible) would be the difference in the reduction of the PERSI portion that the City is paying there could be some monies generated there possibly. Berg: Janice put a memo in your box that you may not have received, it is about $5800 Rountree: (Inaudible) There was another potential area or was it, the administrative portion of the administrative fee collected for the park impact fees \Nhich amounts to I think projected project level of $72,000. Those are three potential revenues sources in the budget that can be looked at that maybe all or a portion of any of them going towards this to be the seed money. And then looking at donations to come in on the revenue side to pay back those accounts. Those are options (inaudible) Morrow I think Mr. Mayor, it seems to me that there is a real direct linkage here between the pathway project and the administrative impact fees monies from (Inaudible) I think the PERSI reduction money ought in fact go back to the general fund (Inaudible). I don't have a problem at all with transferring funds from the pathway and the balance ( Meridian City Council December 2, 1997 Page 18 from the administrative portion to set up an operating budget so that we can move forward very quickly on Generations Plaza. I think there are two points that came abundantly clear to me in our meeting with the Parks and Recreation Committee and the City Council, the citizens that have been helping on this is one we need to move forward with some speed so we can get the project off and establish credibility. Two we need to stick pretty close to the design that was out there and basically (inaudible). So \^/hat I would like to see us tonight take a step by motion to establish the construction fund and then move forward. Corrie: How did your discussion with Dave Hanson come out? Morrow: The discussion with Dave Hanson was very informative, it was just a matter of I brought him up to speed. He also by the way (inaudible) as opposed to Coeur d'Alene. He indicated that if there was a desire on the City's part (inaudible) I told him that I had a commitment based on (Inaudible) we had a credibility problem (inaudible) to and including the model. My preference was now that we stick with the original design and press forward. I qualified that (inaudible) basis of the joint meeting that we had (inaudible) So he was in agreement that if we needed further help (inaudible). Corrie: Do you have anything you would like to say or report? Terry Smith: I am pleased with the direction that the Council is discussing this evening. When I heard in October that there was a possibility of scaling back Generation Plaza to something other than \^/hat the concept was as Councilman Morrow had just said we had told people that this is \^/hat they were donating to by buying bricks and making other donations~ It was quite concerning that there was that possibilitYA But the discussion that I am hear tonight sounds very appropriate and pleasing. In as far as there has been investment already, my understanding is that there is about $9000 that we have from the donations at this point and that there are other donations out on the wings of people that are wanting to donate but there is either a hesitancy because of the project not moving forward or the need to have a foundation to donate to. So there are funds out there and of course the City has expended funds as I understand it on the fountain and on the original work done on the property after it was donated by the family. Corrie: Thank you Terry. Do you feel comfortable to make the motion? Berg: I have a comment, Terry as part of the Meridian Historical Foundation is that the name of it, is there anyway that we can piggyback onto foundation to get this donation across? The only reason I ask that we want to start things right off the bat and get things going but I see formulating a foundation takes quite a long period of time in itself. Terry Smith: The Meridian History Center Foundation Inc~ is a foundation and is a 501 3C non-profit~ We could very possibly and I can't answer for our accountant, I can't answer for the board but it is something that I am certainly willing to take to the ( Meridian City Council December 2, 1997 Page 19 foundation and present to them and to determine whether donations would be acceptable through them for Generations Plaza. I am certainly willing to take that to them. Rountree: When could that happen? Terry Smith: We could call a special meeting this month. We have another need to call a meeting so this month would be appropriate, before Christmas for sure. Rountree: I would like to pursue that. Corrie: (Inaudible) Morrow: Mr. Mayor if I might suggest perhaps (inaudible) so that any project (inaudible) if it can be done in the time frame to benefit this project (inaudible) but if not hopefully the Historical Society would allow us to borrow theirs so to speak in the interim (inaudible). So if you would like f will talk with (Inaudible) I will talk with (inaudible) That being the case if there is no other Council input on this I am prepared to offer a motion that we fund an operating budget for Generations Plaza of $100,000 with the funds to come from pathway project, the balance from the administrative impact fees budget Those fees are to be repaid to the City on the revenue side by donations that accrue over the course of the project. Bentley: Second Corrie: Motion made and seconded to fund $100,000 to Generations Plaza revenues coming from the donation side, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Rountree: Terry, I would like to work with you on the historical presentation or at least be there and I am sure Bob would like to. ITEM #13: IDAHO POWER SUBSTATION AT BLACK CAT ROAD AND FRANKLIN ROAD: Corrie: I believe this was also Shari's project too. Morrow Yes it was, she wanted a discussion of the Council in terms of our thoughts. She had to give input to Ada County to bring you up to speed again. That was briefly talked about at our strategic planning meeting. Idaho Power is looking at a site where the Black Cat (inaudible) currently is for a substation some'Nhat similar to the substation at Locust Grove and McMillan on the Southeast comer there. Ada County development services is soliciting our input She wanted a discussion (inaudible) we talked about the side the transmission lines would go for and so on and so forth. There is some (- ( Meridian City Council December 2, 1997 Page 20 reservations about them crossing the subdivisions on the east side of Black Cat where we currently have the city owned golf course and we have three upscale subdivisions. So we Vlanted to have an on the record conversations concerning that so she could relay that information to Ada County development services to bring you up to speed with that agenda item. Corrie: Would that be on the west side of the road? Morrow: The substation is proposed to be on the east side. Corrie: How does the Council feel about that? Morrow: I guess from my perspective I would hate to see the transmission lines go across already established stuff. My preference would be on the west side where the buyer can beware because they are there 'Nhen they buy as opposed to imposing on existing residences and golf course. Ashford Greens folk in fairness to them have done a tremendous job on their entry way and their boulevard. I think high power transmission lines would detract is. Rountree: I agree and that is pretty much \Nhat we talked about at our planning session to pursue the west side. Corrie: Is she aware of that then? Well do you want to put it in a motion? Morrow: Mr. Mayor, I move that we advise P & Z Director Stiles to forward to Ada County Development Services our preference that the transmission lines be built on the west side of Black Cat Road. And that the substation site be landscaped and set back in accordance with the 95 foot five lane section line road distance and landscaped appropriately. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: WATERlSEWERlTRASH DELINQUENCIES: Corrie: This is to inform you in writing if you choose to you have the right to a pre- determination hearing Tuesday, December 2, 1997 before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain Counsel. This service will be discontinued on December 10, 1997 unless payment is received in full. Is there anyone present that wishes to contest their water, sewer and trash delinquency? ( Meridian City Council December 2, 1997 Page 21 They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list is $40,929.16. I will entertain a motion for the delinquency turn off. Tolsma: So moved Rountree: Second Corrie: Motion made and second on the delinquency turn off, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: Mr. Mayor, just a point on that last action I know some 16 months or so ago we thought we made a correct move in trying to get that money doWTl, that is a lot of money to have outstanding. Apparently it just continues to rise. Are we just a soft touch or what is the deal? Corrie: Well we changed it once I believe and most of them pay it before the time comes. Rountree: It is just that we get (inaudible) Corrie: There is very little turn off that happens, about 4 or 5 and it is usually the same ones that play the game. Berg: Did you notice that spreadsheet on the second page. It doesn't have the last months in it but you can see actually the turn ofts that we do turn off. This is kind of the tail end of the watering season so you seem to have a little bit more of a turn off list at this time of year. We also keep adding more people. A lot of people do wait especially this time of year wait until almost the turn off. Smith: Mr. Mayor, Councilman Rountree we have discussed internally a possibility of increasing the fee for turning the water back on. Substantially above what it is now. It would be a significant increase and that is why we have just talked about it, that is as far as it has gone. It hasn't come to the Council yet. Rountree: Maybe something we look at next year. Smith: Yes ITEM #15: APPROVE BILLS: Morrow So moved ( Meridian City Council December 2, 1997 Page 22 Bentley: Second Corrie: Motion made and seconded that we approve the bills, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: DEPARTMENT REPORTS: Corrie: Gary Smith Smith: Thank you Mayor and Council members I think you have in your packet a copy of an underground power easement from Idaho Power for Tully Park. This would provide service into the maintenance Irest room building for a location of a transforming and for future service to the baseball fields that I need your approval on. The easement has been the legal description has been submitted to us. It is actually included as part of that easement document and we have checked that over and it is appropriate. Morrow: I would move that we authorize the Mayor to sign and the clerk to attest the easement agreement between the City of Meridian and Idaho Power. Bentley: Second Corrie: Motion made and seconded for the Mayor to sign and the City Clerk to attest the underground power line easement, any further discussion? All those in favor? Opposedl MOTION CARRIED: All Yea Smith: Mr. Mayor I had one other item that was not on the agenda but it concerns Tully Park. On November 26th I transmitted to each one of you a copy of a small drawing that showed the parcel of ground to be occupied by the pump station for irrigating the park. Wayne has drafted a warranty deed for transfer of ownership of that property from the City of Meridian to Nampa Meridian irrigation district which is a requirement that they have to operate and maintain the pump station which they have agreed to do. So I need your approval to make that transfer of property to Nampa Meridian. I have talked to John Anderson today, he indicated that he sees no problem at all with proceeding with this project and they have I think two years ago they budgeted money to build a check up structure in Five Mile Creek to raise the water level so that this station can pump from Five Mile Creek as part of their water supply. They will proceed with that. WE will need to get a legal document drafted between the City of Meridian and Nampa Meridian Irrigation District to finalize all of these details obviously. We won't be transferring this property to them by this deed until we have that agreement, this deed transfer would be part of that agreement and that has not been done yet. I transmitted a copy of this memo to John Anderson along with a copy of the letter that Brad Watson ( Meridian City Council December 2, 1997 Page 23 sent to him requesting that we enter into a legal agreement that was dated July 29th of this year. So I will stay on top of this and get this thing finished so that we have that agreement done and I will bring that agreement back to you for your approval. Morrow: Gary does that mean that your preference or in the sequence of events do we need to go ahead and approve or authorize the warranty deed this evening? Smith: I don't know, probably not since we don't have that agreement yet. I think this warranty deed would be part of that agreement. Rountree: I think what you have done Gary is probably the right step with Nampa Meridian. We have shown good faith in all of those steps we need them to show some reciprocation. Smith: Brad has had very little success in talking to the district's attorney. I don't know if Wayne knows Laura Burry or not. Crookston: I know of her. Smith: She is pretty elusive as far as talking to her is concerned. We will continue to pursue that and get it done. Tolsma: If we warranty deed this pump house ground and everything else will Steele Construction over at Turtle Creek still have access to this and will we be able to get our latecomers agreement back from them and get part of our money back off of this? Smith: Part of the approval of their subdivision will certainly include reimbursement of their share of this pump station. Because they had a major share of it to fund. I think we were somewhere in the 30% range and Turtle Creek Subdivision was to fund the other 70%. Now they have gone, I don't know whether they are totally upside down but they are close to it if they are not. They are trying to resurrect that project. I haven't heard lately whether they have been successful. Tolsma: Well if they didn't or somebody else did would they still have access to this pump station would that be part of the agreement with Nampa Meridian? Smith: Yes, it has been designed to supply irrigation water to Turtle Creek Subdivision as well as Tully Park. Nampa Meridian would be involved in that subdivision also. Tolsma: How would we work the latecomers agreement, would Nampa Meridian be part of that also then? Smith: No I don't' believe so, Nampa Meridian is taking ownership of the pumphouse facility and they will operate and maintain it. But the City of Meridian, I see what you are saying. That is a good question. ( Meridian Ci,ty Council December 2, 1997 Page 24 Tolsma: If we negotiate and give it to them then Nampa Meridian (End of Tape) Smith: (Inaudible) fees from Turtle Creek Subdivision development not Nampa Meridian Irrigation District. Bentley: Gary, since I don't know why are we having them do the maintenance on this? To me it seems strange it would be like me hooking my sprinkler system up to Meridian City water and then having to deed the land to them~ It doesn't make sense to me, can you explain why we do this? Smith: I probably could but I can't right at the moment. Morrow: I can take a shot at it, I think the base issue here Glen is we have a project that is providing essentially a sprinkler system to a City park and a sprinkler system to an adjoining subdivision. Historically there is one of two avenues of doing that. It is either through a homeowners association or through Nampa Meridian Irrigation. Clearly in this case it is to the city's benefit to subcontract to Nampa Meridian Irrigation because we only own approximately or only use approximately or only use approximately 30% of the project and 70% is by the neighboring homeowners association. I would think it would make good management sense for us not to have to worry about dealing with a homeowners association or subdivision and subcontracting the operation of the system and maintenance to Nampa Meridian when clearly it has to be buift to their specs to begin with and not have us in that business. Bentley: So if something breaks what do they do bill both of us, bill us and the homeowners association~ Morrow: No, jf it is built to their specs then it is their deal to maintain. Bentley: Where do they get revenue to maintain it? Morrow: There are irrigation fees and Smith: I think there will be an assessment by them to the property that the property that pump station is serving that is above and beyond the assessments for the irrigation water. Bentley: Thank you Corrie: Chief? Gordon: Mr. Mayor and Council, Councilman Bentley has asked me to do some research on the fees for liquor licenses, beer licenses and wine licenses. Those licenses are fixed by State law and we already charge the maximum. There is one area, ( Meridian City Council December 2, 1997 Page 25 Boise charges by State taw it is allowed that the transfer of liquor licenses the City can charge 7.5% on the sale of the license. When you originally liquor licenses are issued by the State at population based 1800 population per every liquor license. Presently we have 5 to 6 licenses~ When the next census comes in we are probably going to go to about 18 to 20 licenses4 Liquor licenses are sold by the State originally if you are on the list for about $500 to $600. That is classed as real property because it is limited. The last license in Meridian to transfer I think was sold for $42,000. I personally know of liquor licenses that have been sold for $250)000. 7~5% on transfer on the sale of a license down the road could add up. I would like in an effort along the same lines of changing and updating the dog licenses the people that use the service I believe should pay~ Your police department better than 50% of our service ~s alcohol generated. I would like to see our City ordinance amended to add that 7.5% to the transfer of liquor licenses. That is the only thing we can do to it to change it or improve it. Some'Nhere down the road it will come into play, presently that is only difference between ours and everybody else's~ So I guess I am looking for some direction. Does the Council want to add that now for future use. It is the only thing the law allows us to do to that licensing~ Corrie: It is 7.5%? Gordon: On the sale of the license, the sale is determined the cost of the license determined by the demand. As Meridian grows those licenses are going to go up in value. We have one presently hanging on a wafl of an insurance company right now just waiting for a buyer. Corrie: Council, what direction would you like for the Council to go. Rountree: I think that it ought to be modified but I don't know that it is urgent. I think take a look at that 'Nhole ordinance and make sure it is consistent. Gordon: I would like to have Counsel take a look at that see what it would take to add it to our ordinance. We just did our licensing ordinance 'Nhich included and combined beer wine and liquor into the same ordinance. This would just be I would think a slight modification in that, an addition. But here again that would be up to Council. Bentley: I have a question, would that require a public hearing because of that rate raise? Crookston: Yes it would. Morrow: From my perspective I don't have any problem with the administrative fee or the percentage. Corrie: We will \AIOrk on that Chief. Meridian City Council December 2, 1997 Page 26 Gordon: Just one other thing the Idaho Power transmission plant by the Kit Kat club J would be opposed to transmission plants next to alt bars. Corrie: Anything else Chief? Counselor? Waft? Morrow: Only a couple of things. In OUf box on the 26th there was a letter from Gary talking about a temporary appointee for Malcolm MacCoy, I will pass that dovvn just to remind you that was there~ So you can deat with that then. The other issue I have is I have met with the building inspectors with respect to their contracts. Three of them are currently in order and ready to be authorized and Mayor to sign and the Clerk to attest. The fourth one which is for the Electrical needs some work which between now and the next meeting and adopt that at that time if that is the will of the Council. I would suggest that we authorize the Mayor to sign and the Clerk to attest the contract between th~ City of Meridian and Lynd Inc. RIM Inc. and mechanical inspectors, and Whitman and Associates Inc. as the building inspectors. Rountree: f will second and ask for discussion. Corrie: Okay, motion made and seconded, discussion? Rountree: Have t missed that in my box? Morrow: The meeting was held last week, essentially these new contracts are identical to last year's. The one that has the change with respect to the electrical it will get typed up in readable form and put in all the boxes for open discussion of the Council. There is essentially no change in these contracts over last year's or an extension of last years contracts. Rountree: That was my question. Corrie: All those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Second item in keeping arong the same line is that Mr. Medley the mechanical inspector has asked that we adopt the 1997 Uniform Mechanical code since both the City of Boise and Ada County are in the process of adopting these. The suggestion is also that with the exception of the following two items #1 to use a percentage on commercial permits such as 1.5% plus $23.50 to write the permite This is one half of one permit less than Boise is charging. Number 2 is delete sections 1027 and 1028 requiring an operating permit and an annual maintenance inspection on boiterse He would like the starting of the enforcement of the new code to be January 1, 1998. So that is up to the Council whether we wish to adopt tonight utilizing those conditionSe Or if you would like to have discussion at a planning session of that which in that case the (inaudible) \NOuld be the first meeting in January. ( Meridian City Council December 2, 1997 Page 27 Rountree: Just a question on the urgency, I think it would be kind of interesting and educational if we had a presentation at a planning meeting unless there is a real urgency here. Morrow I personally don't see any urgency the request for January 1 st is to make is consistent with licensing because their licenses expire on December 31. So often times it is easier to when folk are renewing their licensing on January 1 st to say also you need to be aware that the code that is adopted and we are enforcing is 1997 code. But certainly that could be a (inaudible) if we know it is going to be adopted in some fashion on January 6. I don't think it is a matter of urgency I think it is a matter of convenience Charlie. Rountree: Would a presentation at a planning meeting be in your opinion beneficial or put together in such a way as to where we can get some benefit from it or are we just going to sit there and have blank stares about what we hear and press on? Morrow: I think clearly with respect to building issues in terms of building codes I think inherently that Councils valley wide have not taken much interest and only react after the fact when there is (inaudible) community about an ordinance that doesn't make much sense. I think that it might be real beneficial for this Council and the future council to have an opportunity to talk to Mr. Medley as a first one through and review what the new code would do and what it doesn't do and the changes so you can be aware of them. There may be some issues that we as a community don't want to be involved in. Clearly with the case of codes that we have adopted in the past and some major problems that we have had it would have been the Council's benefit if we had taken a deeper study of those codes and then instructed the various inspectors as to what we were adopting and then what we weren't. Because it is in the best interest of the community to adopt something different. The codes also do (inaudible) any or all parts thereof. And in many communities particularly in the western United States you are staring to see them write and adopt building codes exclusive to the community. Because of the major impacts on cost and other issues that the current codes are creating. So I think it would be beneficial. Rountree: Well that would be my preference then that we hold off and get a little education on it. Morrow That is fine Berg: We need to adopt that as an ordinance so we will need to have the attorney have time to prepare with those exemptions if that is the case but we do have to adopt it by ordinance. Morrow: So we will put that on the agenda then for our planning session on the 23rd~ Meridian City Council December 2, 1997 Page 28 Berg: I ,will contact Rod to make sure he is there. Morrow Or I will speak with Rod and bring him up to speed. I think those are all the issues I had before. Bentley: Two things, Shari and I have been working on the cell tower ordinance. We have pulled together Ada County's and Eagle's and striking out some of the stuff that really doesn't apply here. We are going to try and get this thing finished and drawn together and we will throw a copy in the box for review. Morrow: In the Mayor's absence do you have anything more? Mr. Rountree? Rountree: I have one thing for the Mayor but it relates to Mr. MacCoy. Morrow: We will defer on that. Mr. Tolsma? Mr. Berg surely you have something? Berg: There are just a couple of things coming up in the Month of December that you should be aware of. One I don't have that date with me but we have a joint meeting with Ada County Highway District Commissioners. Morrow: That is on the 18th at 4:30 at our shopa Berg: I believe it is their shop but I will confirm that. Morrow: It is written on the ACHD schedule that they mail out on a weekly basis as tentative on the 18th at our place. My preference would be that it be at our place in Meridian. That is the way they are noticing it now. Berg: So you will make a note of that. I will get a confirmation. Rountree: Walt brought up the new candidate for the Fence Commission but it made me think about the status of Malcolm, have we heard anything recently? Morrow: Mr. Mayor I can answer that, Terry Smith and I talked about that yesterday. He had talked with Malcolm's wife on Thanksgiving day. The prognosis is really good, he is at the top of the list for a liver. His kidney's were working fine he doesn't need a joint transplant. He did come out of the hospital for a vacation or furlough on Thanksgiving day. There was some concern that might take him off the top of the list but they were (inaudible) so right now based on Terry's comments things look very positive it is just a matter of getting it there~ Rountree: And my question related to that as well, has Jim expressed a desire to fill that position on a temporary basis so he can maintain a quorum. Corrie: Do we have a problem with the quorum? ( Meridian City Council December 2, 1997 Page 29 Rountree: Well I don't know how long Malcolm is going to be out but I think probably six months is not Corrie: I thought they had a quorum. Rountree: We might want to think about that~ Berg: Jim Johnson made it pretty clear to each one that we have to have their presence and if it is at all possible to give us lead time that they wouldn't be able to~ So they have been working real to make sure they are there. Corrie: As far as I know they had enough for a quorum~ I guess the City fence variance committee Mark Nelson is all right with me. I will appoint him to the fence variance committee so I will need a confirmation from the Council. Morrow: Mr. Mayor, I would move that we approve your appointment of Mark Nelson to the Fence Variance Committee. Tolsma: Second Corrie: Motion made and seconded that Mark Nelson be appointed to the Fence Committee to take Malcolm's place all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: I move to adjourn Tolsma: Second Corrie: Motion made and seconded that we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:54 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: Meridian City Council December 2, 1997 Page 30 ATTEST: ( .... - " . 9. 10. 11. MERIDIAN CITY COUNCIL AGENDA TUE5.DAY, DECEMBER 2,1997 - 7:30 P.M. ,~ CITY'COUNCIL CHAMBERS ROLL CALL: 1. )( WALT MORROW )( GLENN BENTLEY . X MAYOR ROBERT CORRIE MINUTES OF PREVIOUS MEETING HELD NOVEMBER 18, 1997: ~Y1/V~ TABLED SEPTEMBER 16, 1997: FINAL PLAT FOR DEVLIN PLACE SUBDIVISION BY D.W.INC.: -(ztjte Uavh7 ~l2otJ-/ /611.5 111f{J TABLED NOVEMBER 5, 1997: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD ~~EENS SUBDIVISION BY BRIGHTON CORPORATION: -/zt.tee t~d, .j.ec / b ~ TABLED NOVEMBER 18, 1997: ORDINANCE #779"). ~REE ORDINANCE: .ftbCe ~ ~c_ /613 PUBLIC HEARING: ORDINANCE # 781 - DOG ORDINANCE: o//I'I?V..e- REQUEST FOR HOOK UP TO CITY WATER FOR 2146 S. LOCUST GROVE ROAD BY MARVIN WERTH: a.;v;r?J---ov~ w/}-;c a~~ l€ef REQUEST FOR HOOK UP TO CITY SEWER FOR 939 E. PINE BY WILLIAM HUMPHREY: C:ZFprcv.e w/~/,- dd-z.t-6-Ce k..ef wlrA..- lur~c/- r-.e~dftG ~ ~iLc6 RON VAN AUKER: DISCUSSION OF EAGLE ROAD SEWER LINE EXTENSION: e tJYYtl"Yv/ 7t.ee- r0 e><.pe.o-u' HLR. €'K~Jdrhol'J'eule--z /I~ \/ CHARLIE ROUNTREE (~. _ RON TOLSMA 2. 3. 4. 5. 6. 7. 8. COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE CREEK SUBDIVISION: arprov-G WATER AND SEWER LATE COMERS AGREEMENT FOR SUMMERFIELD SUBDIVISION: apprOVJL- a ,r a l"h ~ cCe cU DISCUSSION CONCERNING RELEASE OF NAMES OF APPLICANTS FOR THE PARKS & RECREATION DIRECTOR POSITION: 110d~/t~ DISCUSSION OF PROPQSEQ FILING FEES: ~13& d! ~a ~. 1:6 ~i. ( -' - 12. 13. DISCUSSION OF. GENERATION PLAZA REVENUES:;/. ' tflp/rpvz-e fi'/t76j POb' ?-uUThJ bad~ IDAHO POWER SUBSTATION AT BLACK CAT ROAD AND FRANKLIN ROAD: 14. WATERlSEWERfTRASH DELINQUENCIES: #jlPYI/VL/ 15. APPROVE BILLS: CffOVJ2-/ 16. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. IDAHO POWER EASEMENT FOR TULLY PARK: -- -.......&. '-" ..a. ..L l' ....&:.1... '-&...1..1 ..Ll""1.l .., PUBLr-: MEETING SIGN-UP(. BEET RECEIVED 67 &artcd /J1UIJ~ ~~;~~~IA, PH NE N TMBER '-;2~/b /I $g?-~ .-CITY OF MERIDIAN __ PUBLf~-J MEETING SIGN-UP h .dEET (!/!; ~cJ/ IM~~ RECEl ';:ED [t. C C - 2 iQO"""!:1 ! '"- y~.' ~ /\r !i'Hh~illj~~t.-~A. ~!f! ~- ~e':"~~Lra NAME '~iLL UDVYtP~2R:l PHONE NUMBER B'05-bt)~6 ( BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF GOLFVIEW ASSOCIATES FOR A VARIANCE TO REQUIREMENT TO TILE SAFFORD LATERAL FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 7, 1997, and again on October 21, 1997, at approximately 7:30 o'clock p.m. on said dates, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 7, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 7, 1997, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. I.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That the property is zoned R-4. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 1 VARIANCE - GOLFVIEW ESTATES 4. That the Applicant's application states that the Applicant is requesting a variance for the tiling of the Nampa- Meridian Safford Lateral on the north boundary of Golf View Estates No. 4 and No.5; that these are the final two phases of development of the Golf View Estates; that all five phases were platted in 1990 without the requirement to tile the Safford Lateral; that the first three phases of the subdivision have been constructed without tiling of the lateral; that the lateral was protected by a 6' high chain link fence in the first three phases; that Applicant requests the final two phases of the subdivision be developed as approved on the preliminary plat without tiling of the lateral, but with continued fencing of the lateral. 5. That Section 11-9-605 M. of the Subdivision and Development Ordinance states as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adj acent and contiguous, or which canals , ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal if it finds that the public purpose requiring such will not be served in the individual case. 6. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 7. That the Applicant has the consent of the property owner. 8. That at the October 7, 1997 public hearing, the FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 2 VARIANCE - GOLFVIEW ESTATES Applicant's representative, Russ Hepworth, testified that the first phases of the subdivision were allowed a variance from the piping requirement, and so the Applicant would like a variance from the requirement for this final two phases, allowing the Applicant to just put in chain link fence along the lateral. 9. The City Engineer, Gary Smith, in response to a question by Councilman Morrow, replied that he is not sure whether the Safford lateral requires a pipe in excess of 48" at this point, but that he cannot imagine the size of the pipe upstream from this subdivision being greater than 48". 10. Councilman Rountree commented that if it takes 48" or less, he would be inclined to deny the variance since the current chain link fence is not maintained well and there are weeds everywhere. Councilman Bentley also commented that he agreed if it takes less than a 48" pipe, it should be denied, so he would not vote until the size of pipe is determined. 11. Councilman Morrow moved to continue the public hearing to October 21, 1997. 12. At the October 21, 1997 public hearing, the Applicant's representative, Russ Hepworth, testified substantially as follows. He has determined that the size of pipe needed to pipe the Safford Lateral would exceed 48", and that it would require 60" piping, and he submitted his calculations supporting his testimony. 13. In response to a question by Councilman Morrow, Mr. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 3 VARIANCE - GOLFVIEW ESTATES Hepworth responded that he had not heard back from Nampa Meridian Irrigation District in confirmation of his calculations. Also, the Ci ty Engineer, Gary Smi th had not confirmed the calculations either. 14. Councilman Morrow then commented that it is necessary to have the calculations confirmed by the City Engineer, Gary Smith, and Nampa Meridian Irrigation District prior to making a decision. He also commented that Shari Stiles, the Planning and Zoning Administrator, in her October 12, 1997 memo, indicated that an ordinance is being worked on, and that Ashford Greens Subdivision's request for a variance is being held pending the adoption of an ordinance. He agrees wi th her that the variances for the two subdivisions ought to be decided together, and so he moved to table the discussion until November 5, 1997. The public hearing, however, was closed. At the November 5, 1997, meeting Gary Smith commented that he had received the calculations from EHM Engineering and also talked to John Anderson at Nampa and Meridian Irrigatin District, and stated that Mr. Anderson concurs that that length of ditch cannot be piped with a 48" diameter pipe. 15. That the City Engineer, Meridian Fire Department, Ada County Highway District, and the Central District Health Department comments are incorporated herein. 16. That the Nampa & Meridian Irrigation District submitted comments that the variance be denied. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 4 VARIANCE - GOLFVIEW ESTATES ( ( 17. There was no further testimony at the public hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property wi thin 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 1., of the Subdivision and Development Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPOSE FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 5 VARIANCE - GOLFVIEW ESTATES ( The Council, as a result of unique circumstances (such as topographic physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the sp~cific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the obj ecti ves of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 6 VARIANCE - GOLFVIEW ESTATES 7.. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the piping Ordinance would clearly be reasonable since the Safford lateral cannot be piped at this location with a 48" diameter pipe~ b. That the strict compliance with the requirements of this Ordinance will result in extraordinary hardship to the subdivider because the Safford Lateral cannot be piped with less than 48" diameter pipe at this location. c. That the granting of this variance would not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; and d" That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. 8. That it is concluded the Application for variance of the tiling requirements of the Safford Lateral should be granted. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 7 VARIANCE - GOLFVIEW ESTATES APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN TOLSMA VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN BENTLEY VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION That it is decided the variance for tiling of the Safford Lateral in Golfview Estates Subdivision is granted. APPROVED~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 8 VARIANCE - GOLFVIEW ESTATES MERIDIAN CITY COUNCIL MEETING: DECEMBER 2.1997 APPLICANT: ITEM NUMBER: 13 REQUEST: IDAHO POWER SUBSTATION AT BLACK CAT ROAD AND FRANKLIN ROAD AGENCY .U) ((). Vi L C)<.r f y'2J5 vJ'J r ( . J!v~ilf?:rv t.~ vvtJ ~ ~l~ ~J U. 1Y, ))~ .rjJ -, Sf ,,[VI~ ~ vP J V 1f0 lr JvC} ,fLfbV ~ Jd~ rf- S .)- r: flY (' '~i~ ;1uP ) ~ COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( ( MERIDIAN CITY COUNCIL MEETING: DECEMBER 2.1997 APPLICANT: ITEM NUMBER: 14 REQUEST: WA TERlSEWERfTRASH DEUNQUENCIES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING OEPT: . VJV ofpY 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. ffi ~ i f ~ ,+,~ ::' ;; ~1 >..-.i-lJ " ;.JJ I ~. , U u C~ ~ ~, ~..... ~ - t5 _to. . : \:: ~ I:'- ~ 'N' , I ~ NI .....i ~ ~O O~ ~= ~~ Z~ s~ 01= ~~ ~~ ~~ =0 ~ ~ ~ { ~ o rIJ ~ e .- cd ~ 3 .s "S ] o Q) U S Q) cd ~..Q Q) Q) 8 \-l ~ .........Q ~ ~ ~ ..Q Q) ~ ~ ..ow ;> .gf cE] 8 ~ ~ Q) Q)~ tIl ~ ..Q~Q)g~2 ~t'~~l'-tca ~O\~"""",.J~ ~O\ d .~ \-l ..Q ~ cd d \,.J " · ..... ::3~ ~ ~~~ o O,..J"'~ ~N ~ gl I tn ,... I tU. ,... <::) Q) .s ~I ..Q Q) " -= Q)co~~ 0 rn '-I d d U o U l 0.... ~ 0 ..8 u' ~ S 'ii ~ U ~~ ~ ~ S ~ ::s ~i ~ ..Q Q..= O~::S rn ~ rLJ ~ cd .~ cd f~ .;: ~~ Q).br ~ ..... rJ'J ~ ~ = 0 efi~.sao~ .s ~ c: \-l 13 ;> .E ~ 0 ~ ::3 -= ~ ~ ~ Q)'S ~ d~&rn-=~ .- 0 d \-l" 0 0.. ::3 ~ .- ~ ~ Q) Qj ~t' a~:.a d ~ 8~Q);>Q)~O -oo8:5~C:~ o d cd oS cdQ) c.s.r: 0 ~':> ~ \-l .~ (d ~ ~ ~ Q) 0 O Q)...... 'tt Q) ~ Z ~ ..Q 'u"= u"t: rn c:: = ~ · s: c:I) C'-. ...... 0 ::s ~ '-' ~ ~ rI:J.... o.t: Q.) (.) :.E~uu:=a=s ~.s ~ rn :.s r.S ::3 .. ~."t::.E ~ d t:r ,." c: U ~ · .... s::: ~ Q) . ...... O~ Q) ~ '~Q) >..g..Q~:O~~ ~ I ~ := ..... ..Q Q)~~::3 B rn ~a88~~ (f ~ ~_.e;;"" ',"", .<< f'-Q :,: OJ ~ ~$2~ 13 ~ ~ :~) (...> 0 ~ 13 r_~-J )- .~ ~ 8 Q) ..Q ~ ~ o d = ~ o Q) tl) . ...c >-. ,.., '0 ~ fti .gQ)O Q) ~ E ..Q UO ::s ~ ~ Q) 0 a.> ~..=..d ..Q~C::: ~ ~ 0 00= ca ..- ::s Q) ~ 0 8.:::38 t'\:S en t\S ~3~ 8 c:~ ~1:~ ~go ......u+- ~ ~ ::s ~ u..d ~.~ Cfj +- '-c ~ .. Q) Q) .~ ..c 80S cEca~ c::.u ~ -.......... (L) .~ ~ +- ~ ::s ca ~....,~ ,---..Q t-. Q) 1: ..... "=::3~ Q) 0 ~ '- ~ t"\ ca ca ~~Q) <1.)..c 0.. ~ t= 13 ~ ~ .. ~ ~ ~ ~ .~ oS "- 06..= ~ ~ \-4 ~ ~ ~.~..8 ~~ :; u ~ .~ ( ( 1 0/00/95 l235 $26,917.96 64 $6,695&95 11/15/95 181 $21,043.78 35 $4,271.74 12/13/95 ~ 67 $25,869.42 54 $12,519.57 2/17/96 ~46 $18,874&87 68 $5,347.35 3/13/96 ~ 58 $19,934.89 38 $3,154.20 4/1 0/96 262 $21 ,055.55 58 $4,701.91 5/15/96 196 $16,980&06 38 $2,713&32 6/12/96 263 $19,527.28 ~5 $3,291.76 7/1 0/96 217 $16,444.58 64 $5,610.89 8n /96 137 $13,860.07 98 $9,750.27 9/4/96 142 $16,315.14 96 $10,800.74 10/1/96 173 $20,416.27 138 $16,339.93 11/6/96 225 $26,517.16 65 $7,815.25 12/3/96 364 $40,442.27 87 $9,014.00 1n/97 254 $14,513.21 114 $10, 116.82 1214/97 309 $27,739.74 87 $7,711.27 3/4/97 377 $34,112.56 74 $6,727.97 4/1/97 f424 $37,234.43 93 $8,140.86 5/6/97 ~81 $21 ,753.58 88 $7,585.18 6/3/97 308 $28,882.56 58 $5,185.00 7/1/97 350 $32,960&43 67 $6,262.60 8/5/97 301 $35,710.04 80 $11 ,553.55 9/1 0/97 342 $38,950.68 71 $8,427.93 1 0/8/97 144 $19,325.01 12/2/97 541 $48,929.16 ITEM NUMBER: 16 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. COMMENTS interoffice MEMORANDUM c Ie J11fy. 1"/1,1 '17 1- Jk;P'f. J4p0ds to: Mayor & Council File, City Clerk @ Gary D. Smith, P.E., Public Works Director/City Engineer ~ Tully Parl<, Irrigation Pump Facility cc: from: re: date: November 26, 1997 Gentlemen: Here is a photocopy ofa portion of the Tully Park development plan showing the pumphouse for the park irrigation system. At some future date this pumphouse will also serve the Turtle Creek residential development across Linder Road from this park. Also, here is a warranty deed, as drafted by our City Attorney, to transfer ownership of the property to be occupied by the pumphouse to the Nampa & Meridian Irrigation District. The shaded area on the drawing represents the parcel of land described in the warranty deed. A separate ingress- egress easement document has been sent to the Nampa & Meridian Irrigation District for their approvaL from the desk of... GARY D. SMITH, PE Public Works Director/ City Engineer City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 c:\my documents\templates\memol.dot (208) 887-2211 Fax: (208) 887-1297 ......... -'M;----'- . , I.--:r.-_- --- /' -, . ( ;\~))=~. :-:;,"~~=::':::::..:':': ..;;.:.....:.. ~':~.-::---=. ~~. :;;::... .::--;:.;...:::...:::-..: ..:.:. :....: :.:,: -' .: :.:- :';'Y-::'-'.--::.-., -, : ::-: -:: '::'::':: .~-~ ~J ) X, c'f.. 0 ~y.. <() '-- .. --.~,---- --'-y 0 ~.,G~--{-- - ,___U-_ "h_'--"'\~:T"- --- --- - ,..~. \~<v . ; \~~~V I ~~ ~__u_n---- . . -. .....- . --. - -- -;-----.-.'- ~~~ fl\1E Ml u: Cfl..-4- ....... ~~... ................. --... ...... .....-....-....._..... "'Pr-....-.. ... . _......_____..... .-_... ~ ... .... -.. ~ ~ __ - . ~..... f . Seale: s t II ~ ! 0' -'-'" ~. ~'''''''- ,. ~ ~............... . -............................... ".. _~. ""- _. .. 'w-.. r- -. -'.__ ,. ..............~ I I I 't I I I I <b10 \ \ * \ \ \ / ~tQ. - - _ _ tt- _ _ . / / / /' / / ,010 / ~ / I / / I ~ 10 \ , ~~ ~~~~ d ~-{ :J r ( (' \ WARRANTY DEED FOR VALUE RECEIVED, the City of Meridian, a municipal corporation, the Grantor herein, does hereby grant, bargain, sell and convey unto, the Nampa and Meridian Irrigation District, the Grantee, whose address is: Nampa and Meridian Irrigation District 1503 First Street South Nampa, Idaho 83651-4395 the following described premises, to-wit: A parcel located in the NW ~ of Section 1, North, Range 1 West, Boise Meridian, Ada County, particularly described as follows: Township 3 Idaho, more Commencing at the southwesterly corner of Said NW ~; Thence N 0 degrees 45'12" W along the westerly boundary of said NW ~ a distance of 855.54 feet to a point; Thence leaving said westerly boundary N 89 degrees 14' 48" E a distance of 65.26 feet to the POINT OF BEGINNING. Thence N 39 degrees 48'39" E a distance of 24.87 feet to a point; Thence S 57 degrees 56'56" E a distance of 21.19 feet to a point; Thence S 39 degrees 48'39" W a distance of 27.73 feet to a point; Thence N 50 degrees 11'21" W a distance of 21.00 feet to the POINT OF BEGINNING. This parcel contains 552 square feet (0.0127 acres.) <, (F- ( TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that they are the owner in fee simple of said premises; that said premises are free from all encumbrances, and that they will warrant and defend the same from all lawful claims whatsoever. DATED This day of , 1997. THE CITY OF MERIDIAN BY: ROBERT D. CORRIE, MAYOR BY: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO S8. County of Ada, On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared, ROBERT D. CORRIE and WILLIAM G. BERG, JR., Mayor and City Clerk of the City of Meridian, known to me to be the Mayor and City Clerk of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residence: Meridian, Idaho My Commission Expires: a..r"} 1 0 0 9 6 9 \/ - t ~. ;' ~,_:~ G c: rZ U :. i~ ,. , :,.~' >~., \J l:., >t~-";, r",' ,\' t._.C.j ~. J t\ '1' ; ~_: .-~. . ~ V ORDINANCE NO. !J4SE;;7J~ P970tcM PPl 2 33 . fitJ! ~~' ~ f"1= ~ ~ ~ i} ~ - - ' i ~_............. ..... -,........:. ............:..---LJ-L ~ ..-v~ r ~ _~_ !'. #'_. f ,....... (... :;. ~: 780 r- :.:' C ,r: ----: - - - i~; 'I i ,-;.._ i,:: '", j C J T : I '\:. .t. ~ J .......... 'JI...'" .. ~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: PARCEL ONE A portion of the northwest quarter of quarter of Section 8, Township 3 North, Boise Meridian, Ada County, Idaho, particularly described as follows: the northwest Range 1 East, being more Commencing at the northwest corner of said Section 8, which lies North 89059' 16" West, 2, 652.63 feet from the north quarter corner of said Section 8 ; thence South 89059'16" East, 1,037.55 feet along the northerly boundary of said Section 8 to the northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdi vision, as shown on the official plat thereof on file in the office of the .Ada County Recorder, which is the Real Point of Beginning. Thence continuing S 89059'16" East, 246.65 feet along the northerly boundary of said Section 8; ECONO LUBE - ORDINANCE PAGE 1 ( Thence South 00019' 14" West, 455.00 feet along a line parallel to the westerly boundary of said Lot 7 to the centerline extended of Wilson Lane; Thence North 89059'16" West, 246.65 feet along the centerline extended of Wilson Lane along a line parallel to the northerly boundary of said Section 8 to the westerly boundary of said Lot 7; Thence North 00019'14" East, 455.00 feet along the westerly boundary of said Lot 7 to the Real Point of Beginning. Comprising 2.576 acres, more or less. is hereby annexed to the City of Meridian, and PARCEL ONE shall be zoned General Retail & Service Commercial (C-G); that the annexation and zoning is subj ect to the condi tions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that the Applicant shall pay any impact development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de-annexed. Section 2. That the property shall be subject to de-annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted J~nuary 4, 1994. c. That the development shall be aesthetically maintained wi th a 25-foot setback for landscaping along Fairview Avenue, with the suspension of rules. d. That, as a condition of annexation, the Applicant shall ECONO LUBE - ORDINANCE PAGE 2 enter into a development agreement as authorized by 11- 2-416 Land 11-2-41 7 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L, and M, of the Revised and Compiled Ordinances of the City of Meridian. 2. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. e. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements. f . That these condi tions shall run with the land and bind the Applicant, the titled owners, and their assigns. g . That if these condi tions of approval are not met the property shall be subject to de-annexation. h. That the requirements and conditions of the Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian shall be met. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subj ect to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which ECONO LUBE - ORDINANCE PAGE 3 emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 18th day of November, 1997. APPROVED: STATE OF IDAHO,) ss. County of Ada, I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. 780, by the City Council and Mayor of the City of Meridian, on the 18th day of November, 1997, as the same appears in my office. DATED this 18th day of November, 1997. ,,\1,"11 nl11111/ :\~\:. Of ~'II'; " .J..", 'J'! ~""~A'~ ~~ ~v~ ~ ~ ~ ..,. ~ ~ ~ ; : SEAL ~ ~ ):J ~ ~~. "~.'D ~ ~ "a ,,~.,. lS~ · ~ ~ ECONO LUBE - ORDI~~~ ~~ ,,~~ ~, i-\ ..~utJNT"(. ", , 'I '* \\' 111'"i H tt"'\" d~~/~. y Clerk, City of er aian Ada County, Idaho PAGE 4 ( STATE OF IDAHO,) ss. County of Ada, On this /yi~ day of November, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the wi thin and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official s~al th$ day and year in this certificate first above written.' ""l'U'",, \\\' E. l '1, ,,\ C . G "41 " ~ \ o.eI,Jl$fteeQ "1..1', -:-... ~ "Jill- .0<>>: U' . ".... .... .....," Ci 00 t.P ' : :~~o1Af:f~~ :. = g ~ \: - ~ 0 - = ~.7 Ioi.l PJ P I ,V 1 *' : -;.>""'~} vB\. ~ :: ~ 00-. ~"p~ ~ -'........ ~~ ~Q,~oeee~ ~f:::J ,...' ~~~~J1l'E Of \'\) ~\\\" '1/ \\' annex. zon \ecno. arid'''''''' 11\207\97-Revised & Final SEAL ~ Idaho OS /O;l/qq / ECONO LUBE - ORDINANCE PAGE 5 l Ii 1 L. ----------6 i----5~-~;~~i ji.;;-E~_hTo51~-t5r;'U-- " '\ \ , \ "\\ \\ " ............ I' 1118 15 14 WILSON 1] 11 10 N O/ZTfI \ I 1"::: ~ I t 6ca e. LANE PLEASANT ~~, ''<, '~~ ~ ~~~Q " ",~ ~ ~, "'~,---~, ~ '~ " \ \ :~~~=~==~~~~_::_----_:~.......\- ) I I 1 I 1 I I I I I I I I I I I J ' I \ I I I (- i I .J. - - - - - 7 - - - -,,'. - - - - - - - - - - - - - - - - ~~-.- " . &J; ~ 0 ....0 Gl ~ r: \.u ~ 2ji} w3 ~ ~ ~o ~ ~ ~Z tr' ~- ~~ ~ i. C) \Sl 1/. 'E!fl'5q I' K '24/" G6 ALLEY -_.......,........~.-.- ~ // ukON ~ ..-...- ,/////~ /' / , / ...~..,..---""" "- "'- __l ( ORDINANCE NO. 781 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 8-116, LICENSES, FEES, EXPIRATION, AND SECTION 8-128, IMPOUND FEES, OF TITLE 8, CHAPTER 1, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND RE-ADOPTING SAID SECTION 8-116, LICENSES, FEES, EXPIRATION, AND SECTION 8-128, IMPOUND FEES, OF THE REVISED AND COMPLIED ORDINANCES OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the Ci ty Council of the Ci ty of Meridian, state of Idaho, have concluded that it is in the best interest of the said City to repeal Section 8-116 and 8-128 of the Revised and Compiled Ordinances of the City of Meridian and to re- adopt said sections to provide for additions of new paragraphs to these sections. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 8-116, LICENSES, FEES, EXPIRATION, is hereby repealed. SECTION 2: That Section 8-116, LICENSES, FEES, EXPIRATION, is hereby re-enacted and shall read as follows: "8-116: LICENSES, FEES, EXPIRATION: A. All dog licenses within the City shall be valid only in the calendar year issued and shall expire December 31 of that year. DOG ORDINANCE - PAGE 1 ( B. The owner or person, except senior citizens who are sixty-two years of age or older, having charge of any dog, except as provided in this Chapter, shall make application to the city for a dog license and pay an animal license fee as follows: Non-neutered male dog $15.00 $15.00 Non-spayed female dog Neutered or spayed dogs $ 7.50 c. Senior citizens (those sixty-two (62) years of age and over) shall pay a license fee of five dollars ($5.00) . D. A charge of five dollars ($5.00) shall be made for each lost license tag reissued by the City. E. A certificate of neuter or spay issued by a veterinarian or the Idaho Humane Society shall be required to be present at the time the license is applied for in order to secure the license rate for a neutered or spayed dog. F. Exception to License Fee: Any dog owned and used by a blind, visually or hearing impaired person and used as a seeing-eye or hearing-ear dog or guide dog(s) in training, shall be licensed annually at no cost to the owner and user of the dog. To qualify under this exception, the owner and user of the dog must be medically certified as having a visual or hearing impairment by a licensed medical doctor." SECTION 3: That Section 8-128, IMPOUND FEES, is hereby repealed. SECTION 4: That Section 8-128, IMPOUND FEES, is hereby re- enacted and shall read as follows: "8-128: IMPOUND FEES: Any person recovering possession of any dog impounded under the provisions of this Chapter, shall in addition to obtaining a license for such dog, if the dog is not then licensed, pay an impound fee and for a 16 day "7 in DOG ORDINANCE - PAGE 2 (' (- 1" booster vaccination as follows: First impoundment $23.50 Second impoundment $36.00 Third impoundment Fourth & subsequent impoundments $66.00 $96.00 In addition to the impound fee, a board fee of three dollars ($3.00) a day shall be charged." SECTION 5: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to 1.\aWw.. PASSED AND APPROVED this 2~1J day of .AeUI11 ~ 1997. CITY OF MERIDIAN ATTEST: ",\\\Uu~.nlU1JIII'1. \'\.\ of" "1 ,I x~~ f&~~h-~V;,~ ~~~ ' ~ ~- .~ ~ WILLIAM G ~ BERG, JR.' - TY' CLE.J i ~ ~~ ~ g -:. "D ~ ~ "'0 r 1S"'t · ~ ~ ~~. ~ ^" i:> ,-$" ''/11;'' '-vU~-t(. "", r /1 ~\' IJ"'UH ,~"'i\' DOG ORDINANCE - PAGE 3