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HomeMy WebLinkAbout1996 09-17• • MERIDIAN CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 17, 1996 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 3, 1996: (APPROVED) MINUTES OF SPECIAL MEETING HELD SEPTEMBER 5, 1996: (APPROVED) 1. TABLED SEPTEMBER 3, 1996: FINAL PLAT: CHAMBERLAIN ESTATES NO.2 SUBDIVISION BY KEVIN HOWELL: (APPROVED) 2. TABLED SEPTEMBER 3, 1996: AMENDED ORDINANCE #3-101 -GENERAL LICENSE CONDITIONS: (APPROVED ORDINANCE #744) 3. TABLED SEPTEMBER 3, 1996: NON-DEVELOPMENT AGREEMENT FOR RAVEN HILL SUBDIVISION: (APPROVED) 4. TABLED SEPTEMBER 3, 1996: REQUEST FOR A TEMPORARY CONSTRUCTION TRAILER IN MORNING GLORY SUBDIVISION BY PRESCOTT HOMES: (TABLED UNTIL OCTOBER 1, 1996) 5. FINAL PLAT FOR BEDFORD PLACE SUBDIVISION NO. 3 BY BRIGHTON CORPORATION: (TABLED UNTIL OCTOBER 1, 1996) 6. FINAL PLAT FOR THE LAKE AT CHERRY LANE NO. 5 SUBDIVISION BY STEINER DEVELOPMENT: (APPROVED WITH CONDITIONS) 7. FINAL PLAT FOR CROSSROADS SUBDIVISION N0.4 BY CAPITAL DEVELOPMENT: (APPROVED WITH CONDITIONS) 8. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR HI-MICRO TOOL COMPANY BY NEWBERRY ENTERPRISES: (CONTINUED TO OCTOBER 1, 1996) 9. PUBLIC HEARING: REQUEST FOR A VACATION OF EASEMENT BY RICHARD VALLA: (APPROVED; CITY ATTORNEY TO PREPARE AN ORDINANCE) 10. PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-O BY KELLE WATKINS AND DOUG STEWART: (APPROVED ;CITY ATTORNEY TO PREPARE AN ORDINANCE) • • 11. PUBLIC HEARING: SEWER AND WATER CONNECTION FEES AND USE FEES: ORDINANCE #742 -AMEND SEWER USER AND CONNECTION CHARGES: (APPROVED) ORDINANCE #743 -AMEND WATER USER AND CONNECTION CHARGES: (APPROVED) 12. REQUEST FOR ONE YEAR TIME EXTENSION FOR FINAL PLAT OF WATERBURY PARK SUBDIVISION NO.5 BY CAPITAL DEVELOPMENT: (APPROVED ONE YEAR FROM ANNIVERSARY DATE) 13. KARL & CAROL MOXLEY -CONCERNS WITH CHAMBERLAIN ESTATES SUBDIVISION: (CITY ATTORNEY/ORDINANCE OFFICER TO RESEARCH AND REPORT TO COUNCIL OCTOBER 1, 1996) 14. MERIDIAN PRESBYTERIAN CHURCH: REQUEST HOOKUP TO CITY WATER AND SEWER: (TABLED UNTIL OCTOBER 1, 1996) 1.5. DEDICATION OF STREET RIGHT-OF-WAY -NORTH HICKORY AVENUE TO ADA COUNTY HIGHWAY DISTRICT: (APRPVOED WITH CONDITIONS) 16. DON HOWELL: CHERRY LANE #1 AND #2 ENTRANCE LID PROPOSAL: (CONTINUE OCTOBER 1, 1996) 17. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. ENGINEERING AGREEMENT -EMERGENCY GENERATOR: (APPROVED) 2. CLOVERDALE NURSERY CONTRACT TO ROUGH GRADE TULLY PARK: (APPROVED) B. MAYOR CORRIE: 1. PARKS & RECREATION COMMISSION APPOINTEMENTS: (APPROVED) 2. TREE BOARD APPOINTMENTS: (NEED ORDINANCE) C. SHARI STILES, PLANNING AND ZONING ADMINISTRATOR: 1. SALMON RAPIDS NO.2 TIME EXTENSION: (APPROVE. FOUR MONTHS TO JANUARY 18, 1997) 2. HANDICAPPED ACCESSIBLE FRONT DOOR: (APPROVED) MERIDIAN CITY COUNCIL SEPTEMBER 17, 1996 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, Glenn Bentley, Charlie Rountree, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Tracey Persons, Dale Newberry, Paul Hoffman, Carol Moxley, Steve Bradbury, Gene Smith, Richard Valla, Doug Stewart, Don Howell: MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 3, 1996: Corrie: Any corrections or alterations to those minutes? Entertain a motion that we approve the minutes of September 3. Morrow: So moved Tolsma: Second Corrie: Motion made and seconded we approve the minutes of the meeting held September 3, any further discussion? All those in favor? Opposed? motion carried: All Yea MINUTES OF SPECIAL MEETING HELD SEPTEMBER 5, 1996: Corrie: The Council has those, are there any corrections? Entertain a motion for the approval of the minutes. Rountree: So moved Bentley: Second Corrie: Motion made and seconded to approve the minutes of September 5, .any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: I want to make an announcement to the audience Item #5 which is the final plat for Bedford Place Subdivision No. 3 there is a request by the applicant that it be tabled until October 1. If anybody is here just for that one you don't have to stay that will be tabled until October 1. ITEM #1: TABLED SEPTEMBER 3, 1996: FINAL PLAT: CHAMBERLAIN ESTATES N0. Meridian City Council September 17, 1996 Page 2 2 SUBDIVISION BY KEVIN HOWELL: Persons: This plat was tabled on September 3 to allow staff time to review our response letter and review the square footage that we provided to them to be sure that it met the minimums. So I have nothing further to add unless I can answer some questions. Morrow: Mr. Mayor, I believe one of the issues in our last meeting was an issue of Finch Lateral and the reduction on the revised final plat for the east that was going to be accomplished through a license agreement with the developer of the Nampa Meridian Irrigation District. Has that in fact been accomplished, is there evidence of that license agreement? Persons: I have a letter from the Attorney for Nampa Meridian that I can provide you and he discusses it. It isn't approved yet it is before the board. So he wrote me this letter so that you would know it is in the process. It was supposed to be before the board on the 17th, this afternoon but they deferred it until the October 7 meeting because the agenda was so full. So I have a letter from the attorney Daniel Steenson. Would you like a copy? Morrow: Well I believe so, I think one of the conditions of the Council and staff was that it be resolved prior to our approval. Mr. Mayor may I at this time ask Shari Stiles or Gary for a clarification on that issue please? Stiles: Councilman Morrow, Mayor and Council they are working to reduce the easement from 80 feet to 77 feet. From reading this letter it would appear that it needed to be revised from what they are currently proposing, they are proposing a reduction of afoot and a half on each side as presently exists. If that is the case it still will not meet the minimums. Persons: No we are reducing the 3 feet. Stiles: It would need to be three feet from the north side. Persons: Right, which is being done and the license agreement right there that you have in that the relinquishment of the easement has that. Stiles: Mr. Mayor and Council, I believe it would be, if you are satisfied with the plat as it is currently configured it would be okay to approve the final plat conditioned on the meeting all staff and agency requirements and also approval of the development agreement by the Council which is still yet to be on the agenda. Persons. The development agreement has also been submitted it was submitted a couple • • Meridian City Council September 17, 1996 Page 3 of weeks ago for review by Mr. Crookston. Crookston: Mr. Mayor, I believe that we received that Monday. Persons: The CC&R's were submitted on Monday. Crookston: I have reviewed the CC&R's. Corrie: The development agreement I think was the week before that. Persons: On September 3 the Development Agreement was submitted. Morrow: Mr. Mayor, Gary are you satisfied with the answers for the proposed for the rest of the question with respect to both site specific and general from your Department's standpoint? Smith: Yes sir. Crookston: Mr. Mayor, I just have one question on the CC&R's which are fine, but in section 1.4 where it talks about authority, it says this declaration is made pursuant to Article 11 of the master CC&R's. The master CC&R's indicate that there has to be 51 % of the owners of the number one subdivision consent to that, has that been done? Persons: Yes, Kevin Howell still has 72%. Crookston: If that has been met the CC&R's are fine. Corrie: Any further questions from Council? Thank you Tracey. Any further discussion from Council to staff? Rountree: Just a quick question, for Shari, you indicated yqu are fairly comfortable with approval of the final plat, you believe you can work out the situation with the easement. Stiles: Ms. Persons is aware she will not get her final plat signed until she does everything we ask her to. Morrow: Mr. Mayor, I would move that we approve the final plat for Chamberlain Estates No. 2 subdivision by Kevin Howell subject to the following additions, that the license agreement with Nampa Meridian be completed and copies thereof filed with the City. That it meets all staff and agency requirements, that the development agreement be approved by the City Council and that the CC&R's be submitted and reviewed and okayed as the Meridian City Council September 17, 1996 Page 4 Counselor has verbally indicated that they are. And that as point of check the City Clerk withhold his signature on the plat until all of those conditions have been completed. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the final plat with the conditions, any further discussion? Bentley: Mr. Mayor, I have a question that I need some procedural clarification on. We are passing a lot of plats and applicants under conditions that staff they meet staff approval. We get jammed up on this once in a while. Case in point was two weeks ago over our misinterpretation on the size of a basketball court. I have a question, why are we putting these conditions on, shouldn't these conditions be met prior to them prior to them coming before us to be passed. Crookston: Mr. Bentley is that a question to me? Bentley: I will let you answer it. Crookston: That is totally up to the Council if they want to have them done before the final plat is approved it can be done that way. If you want to do it the way you just mentioned and have it approved subject to the staff conditions it can be done that way. It is whatever the Council wants to do, whatever fashion the Council wants to do it. Bentley: To me it is giving the impression that the staff and it is not a knock on the staff, they are doing one bang up job, but it seems like the staff is winding up with the final approval on these things rather than the Council. Crookston: That is the choice of the Council. Morrow: I think from my perspective, the answer in partial to that question is that you empower the staff to look after details. In the incident (inaudible) obviously the staff (inaudible) at that point Brighton Corporation the application brought it before the Council and then asked for release of that. The final checks and balances on any of these things is with the Council and we can spend our time and the publics time carefully editing and reviewing each one of those things to make sure it is done and therefore proceed at a snail's pace or we can delegate the responsibility to our staff which we have hired them for and in the case of a disagreement between the staff and the applicant then the Council serves as the arbiter of that disagreement. Then we can give more guidance to the staff (inaudible). I think from my perspective in doing the communities business it makes sense that (inaudible) and hire the right folk so that they do the very best work that is possible. • Meridian City Council September 17, 1996 Page 5 I think we have that situation. So that is why in my mind the procedure is (inaudible) Bentley: I have no problem with trying to prevent delays but my concern is staff issues these conditions and the conditions could be met before it is brought. Morrow: Well the other side of that issue is that all of those conditions that are requiring them to be checked in our paperwork and package somewhere between the P & Z and staff reports all of those conditions exist within that paperwork package (inaudible). So staff on its own cannot (inaudible) discussing in my mind are those that are limited to the (inaudible) as they were made by (inaudible) both in verbal testimony and written comments in the packages. So I think that we have by virtue of reviewing those packets reviewed all of those conditions. I think part of the reason for the motion is to get on the public record (inaudible) challenge that it is carefully spelled out in the minutes that the Council is supporting those staff conditions that are within the documents (inaudible) we are simply saying (inaudible) as opposed to in this case site specific in the general there is some 25 conditions coupled with conditions of ACHD, Central District Health, Nampa Meridian and all of the other entities. So I think you can do it one of two ways in my mind, you can (inaudible) or you enumerate (inaudible). That is as I see it. Rountree: Feel any better now? Bentley: Not much. Rountree: My perspective is that the details of staff conditions are at a level that they are responding to the policies and the guidance that the Council has established. We have asked them as staff to review and make sure the developments abide by the ordinances and regulations. Even if we were to take the time to say defer an action our next action would be based on the level of input that staff would have for us. So it seems to me for both the customer as well as staff that if staff can work out the details with the applicant within the parameters that we as a Council have established then that is probably the most expedient way to deal with the application. As long as there isn't an issue of policy or philosophy that is at question. Bentley: My point wasn't to take the work away from staff it is just my point was if the things are met prior to getting here prior to being before us then that condition wouldn't even have to be stated. That was all I was Morrow: Well I think the other part of that Glenn is you can't meet the condition until you start construction in many of the staff comments. Bentley: That is true. ~ ~ Meridian City Council September 17, 1996 Page 6 Morrow: You can't provide an easement until you file the plat. Bentley: Okay, thank you. Corrie: Any further discussion? Hearing none, all those in favor of the motion? Opposed/ MOTION CARRIED: All Yea Corrie: With the Council's approval, is Karl and Carol Moxley here tonight? With the Council's approval I would like to digress a bit from item 2 and go to item 13 which is concerning Chamberlain Estates Subdivision. We have four items that she has asked the Council to look at and direction from the Council. Since we are on Chamberlain Estates if we would like to Morrow: Mr. Mayor I would so move. Rountree: Second Corrie: Motion made and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: KARL & CAROL MOXLEY -CONCERNS WITH CHAMBERLAIN ESTATES SUBDIVISION: Corrie: I would ask Carol that you limit it #o the, I think you have five items that you have sent into the City. Your concerns here or otherwise this could go on for a considerable about of time. So if you want to take them one at a time and since Tracey is here we can perhaps take care of these concerns with you right now. Moxley: My name is Carol Ann Moxley, I am at 2680 North Locust Grove, Meridian, we are on the southwest comer of the Chamberlain Estates Subdivision. Running along the east side of our property is a privately owned irrigation ditch. We are requesting that the City enforce the Planning and Zoning 11-9-605 M that requires the piping of ditches because the way that the development has progressed and construction has gone we can no longer maintain our ditch to get the historical flow of water that we need and are required to give to our neighbors farther on down the ditch. Corrie: I believe if I am not mistaken you signed a statement that you didn't want the ditch tiled at the time of construction is that correct? C Meridian City Council September 17, 1996 Page 7 Moxley: On October 30 a realtor came into my home and couldn't leave until I signed this piece of paper that he misrepresented. He didn't want to wait until my husband got home or show him. He did not leave a copy of it with us, we were never contacted by the City or developer as the requirements, what was going to happen with the fencing right on the property line. We took it to Daniel Steenson the lawyer and he want on to say that this does not address with what our problems are. On the south side of the property there was an open irrigation ditch that was concreted in and that was piped in which is what this is saying that you can't get any access to the water. What I signed was what the realtor, told me that they were going to put in a solid pipe like on the south side of the property and leave us no access to the water and I said I can't have that. I am using the water and I need to get to it. Corrie: This is the (Inaudible) Moxley: When we took it to Daniel Steenson that is what this, he says that in court following Nampa and Meridian Irrigation law that is what this is talking about. It says on the east side of the property to be tiled because I irrigate out of it and it would be impractical. It says nothing about historical points of delivery to the water or any other options to the ditch. I can't have the piped in no access water like this along the south end of the property. Corrie: Is this addressing, the one change is made the ditch on the southeast corner of the property with prior consent and permission is that the one we are talking about, that southeast corner, that south side that comes in. Moxley: I am talking about my ditch all the way along. I have got, I made you a cute little picture of before and after and what we are trying to deal with. We used to every ten days go out and open the little metal dpor, shut off one door, irrigate for ten hours. We maybe had to do a little bit of shoveling here and there and we burned twice a year. We opened up the fencing to let the horses go in and eat the weeds out and we are unable to do any of those things now. If we let the horses in they just have rocks sitting there, it would break a leg. If we burned it would put the fence in jeopardy and the houses tf~at are just a few feet away from the fence. Corrie: And you have something about digging and construction along the ditch on the east property line prevent water delivery and damage to the ditch. Moxley: The ditch is 25 years old, it is compacted dirt that takes 3 grown men to dig a post hole through and we saw that when they were there digging on the property line. The dirt was compacted the sod was so thick that water went through. Now it has loose soil, because they they did the construction they pushed loose dirt and changed their side of Meridian City Council September 17, 1996 Page 8 the ditch. Now there is loose dirt so if water comes in and instead of coming in a 90 degree angle and going down the link it points in at an angle on the property, it hits the stones that they put so that it wouldn't erode the land and does this neat rotation deal and it takes the dirt with it that is loose on the side and instead of clear water running through it is a mud slurry and the mud goes through to each of our outlet points and fills in. So every time we irrigate or are crawling out there on our hands and knees continually every few hours pulling the mud out of the access things that take the water into the pasture. Corrie: Okay that is one and two, this is the one that you and I had the conversation. Moxley: This is what we need taken care of through the City that is the City's jurisdiction that has nothing to do with a civil suit of any kind. Corrie: Council, any questions so far on this? Number three is fencing has been constructed, that trespasses on the property, ignores irrigation ditch easement rights. Moxley: According to John Anderson with Nampa Meridian Irrigation that when they do put a fence up like that that is right on the border and they do leave it as dirt that they have to give us room to take the historical equipment to be able to walk along the side and to service and maintain the ditch. That fence is on the property line. The footings are actually dug so that a few inches of it is across the property which I would have no problem with if the ditch was taken care of so it didn't need to old fashion maintenance that we were happy with before. But the way it is now you can't walk along the side. You can't service it like you used to be able to. Corrie: Item four, fencing has been removed and replaced this damaging our fencing. Moxley: When they did several of the large pipes for water access they removed our posts and pulled them up and slacked our fence all the way along which is really not a City of Meridian deal but it just shows that they had a lack of consideration along the way of notifying what was going on. Corrie: The last one, repairs have not been made in a timely manner to the extent (inaudible) Moxley: We started begging before the, we started begging last year to the City and I have talked for a year and a half with Shari Stiles and Bruce Freckleton about how we needed this taken care of and late March I went in and begged to get this taken care of because he said that water will be flowing and will come in in April and there is water in the ditch you can't do construction without taking our water away from us and everyone down the line from April to October. Meridian City Council September 17, 1996 Page 9 Corrie: Council, any questions at this point? Morrow: Mr. Mayor, was there an issue also with your property markers being removed, is that the steel pins? Moxley: Yes, at the corner the red monument pins have been taken up and they said that they would replace them and they just haven't done it. Corrie: Those are the five that the Council had received. I guess. at this point I would like to have a representative from Chamberlain Estates answer those if you have any questions or you feel any of them are yours or not. Do you have anything you want to say? Persons: (Inaudible) At this time no, we don't have anything additional to add. You have the letter before you that Ms. Moxley signed at the time stating she didn't want her ditch along the back of her property piped. I was not involved at that time to know the conversations she had with the person who spoke with her about the ditch and whether it was piped or not piped. So I can't say I know what happened there. We worked with the City of Meridian in trying to take care of many concerns she had. We have met the requirement of the City of Meridian and Nampa Meridian Irrigation District both. I am not trying to do anything to hurt anybody or make people's lives more difficult. At the same time I don't know what else we can do. Corrie: Any questions from Council? Morrow: Have you personally or representative from Chamberlain Estates reviewed each one of these 6 items? Persons: No, I haven't seen them until just now. Corrie: Shari, can you give us some light on these things. I think you have had some conversation with Carol. Stiles: Mr. Mayor and Council this has been going on for a long time. We did talk with the developer extensively and I don't know if Gene Smith was there at the time but there were conversations about the ditch and about the fence and I also Carol is upset because it is not anon-combustible fence right now. Previously when she had come in it was before the plat was even recorded and her father orfather in-law had come in with her and they were very concemed about the density that had been allowed around their home. This was the first contact I had had with them. Very concerned about their privacy and disruption of their lives. That was the reason that the cedar fence was put. in instead of a non- combustible fence at that point. This was also right after the Bedford Place variance • Meridian City Council September 17, 1996 Page 10 incident and while I know there is a great difference in the size and the money involved in piping that ditch the Council ruled that a variance was not needed because it was completely in the center of the ditch or a majority wasn't in the ditch, the property line. The developer I think has tried to work with them, I have no idea what the problem is with the digging. Nobody does any inspections of those. I don't know why just the post holes would cause this problem, it was very hard to see what happened after the fence was put in because you can't get back there and it is so covered with weeds you can't see what is there. I do understand there is a problem with the way it is swirling in at the inlet there where it touches her property, where it comes into her property. However the developer tells us that she now will not them come onto her property for any reason. So they have been to the engineer, the engineer has reported they have not been able to enter the property to pertorm any remedy of that problem. They have also put a hot wire around the back I guess is constructed incorrectly to help keep the horses out or keep them away from eating the fence. I didn't know about the rocks before, if there is a problem with them placing rocks on the property as part of the project that the horses are tripping on I wasn't aware of that before. Morrow: Mr. Mayor, it seems to me that the beginning of the solution to this dilemma is that we have an ordinance officer a P & Z Compliance officer that part of his job description ought to be to take this do some fact finding and report back to the Council what the issues really are. It also may very well be that in doing so that he may be able to offer solutions on site and act as a facilitator or arbitrator in terms of getting some of these things taken care of once he observes what is really going on there. So it seems to me that it might be a benefit to the Council to assign this issue to the Ordinance compliance officer and have him issue us a written or verbal report by next meeting and then take whatever action is necessary on the part of the Council. Rountree: Mr. Mayor, question for Shari, do you recall or do you have the findings of fact or development agreement, was there a requirement to the this ditch or was that varied or what is the situation? Stiles: Councilman Rountree, Mayor and Council, I believe the development agreement had a requirement to retain and protect the ditch. I guess at this point it is really my feeling that if Carol doesn't feel that they have done that it is not in purview to figure out if that in fact is the case. How do we determine if she doesn't have her historical water. Dean is not of any kind of authority to be able to tell what in fact the remedy is. I really do believe it is a civil case and that if she has lost the right to hef historical use of water then that is not the City's responsibility. It is in the fact that we approved the plat and we approved the construction but this ditch was not part of the development plans that we approved. It was not shown, I don't believe it was shown as part of the property. • • Meridian City Council September 17, 1996 Page 11 Rountree: If a condition of the development agreement was to retain and protect the ditch and that in fact has not happened then I believe that the City would be involved at that point. Stiles: But how do you determine that, who makes that determination whether that has not been done. That is not something that the code enforcement officer is educated in, I am not sure that anyone in the Public Works department is that knowledgeable about that particular point. Rountree: Could that be a call made by the irrigation district? Stiles: They have not indicated any responsibility and Dan Steenson is the attorney for the irrigation company who she has retained. We is Nampa Meridian's attorney. So if he is making the determination that she is not getting her historical water flow well that is a civil case. I think it is between Carol and the developer. Morrow: Mr. Mayor, I am going to follow up on Mr. Rountree's point is that if the ditch operating ditch was required to be left operational in terms of the development of the subdivision as a condition of the development agreement then and it is a ditch that has been operating for some time and it has firm banks and it has sodded in banks, it doesn't run silty it is fairly easy for anybody to observe a ditch that has been disturbed and is thus running silt and creating a plugging of the outlets if you will or depositing silt on the field or whatever it might be. We are not talking rocket science here it is the code enforcement officer ought to have the experience or at least be able to solicit the guidance of looking at a ditch and saying yes it has been disturbed and has been rebuilt and it is silting down the property or plugging the outlets. That is not real tough to do as opposed to a seasoned ditch that does not do those kinds of things. So if the development agreement that was part of the approval process of the subdivision indicated that the ditch was to be left in a functioning manner and left alone it should be reasonably easy for Dean to look at that and say yes it was or no it wasn't. And then give us a report back. I guess my ryext question is, is this ditch both an irrigation ditch and a drain ditch, does it serve duel capacity? It only serves as an irrigation ditch? Stiles: Yes, and there is no way to see the ditch now. You cannot see the ditch, you can see the corner where the water comes in a little bit. Moxley: The Bras has grown so high that a person can't walk though, you can't see anything but this which is also (inaudible) Morrow: Whose property is the grass on? • Meridian City Council September 17, 1996 Page 12 Moxley: On our property. Morrow: How come the grass has not been maintained? Moxley: We can't get in there to do it. Morrow: Do you not have an open field that the ditch serves? Moxley: Yes an open ditch on this Side and the (inaudible) In the past where there were two barbed wire fences and there was a drainage ditch on the other side (inaudible) this was a concrete ditch that came through. We took the wires out and the horses ate the grass or else we took our wires down and we ran a ditch witch for a weed whacker or were just free to burn. Now because, if we let our horse in, we don't own the horses we rent out the pasture. There is loose gravel stones that they just used because the water comes in at this angle and it is going to erode the land. I said please don't leave me with my field going, they put in river rock that is not cemented or anything and it just falls. When anybody comes in and this is a solid fence that you can't walk along it has soft dirt pushed in so I can't walk along here and I don't dare burn and if I take this down the horses will be in and I am liable for the damage done to the horses. This is solid grass as high as the fence is. It is also stopping the water flow and we have tried to get in there with a gas powered weed whacker and it puts both my husband and I at such a hazard trying to walk along and you can't tell if you are go on soft dirt or old bank and we are slipping and sliding in there. Our question is if it is a civil case and the City is not responsible then why is it the developer feels he has permission to make the changes to the ditch and to dig on our property and do all of the things that he has done to the fencing and the property markers and so forth. If he wasn't given permission from the City, because he certainly wasn't given permission from us which we would have gladly but nobody ever contacts us we just took out the window one day and there is equipment tearing up the ditch or tearing up the fence or whatever needs to be done for the construction that day. Corrie: I guess the question would be Carol whether the City gave them permission to do that or not though. I don't know, we would have to look back at the conditions of the agreement but I wouldn't think the City would give them carte balance to do what they want. I do know that our discussions yours and my discussions that the developer didn't want to put that angled in there so it would go straight down your ditch and I think you agreed with that but the trouble is there is water there now and as soon as the water goes out then they can; are you going to let them put that in. Moxley: Yes but they keep saying they are going to do it but it is a joke to keep telling me we are going to come do it that the water runs until the end of October. Even if I say fine I don't want my water I will forgo that I am responsible to keep the ditch clear and running Meridian City Council September 17, 1996 Page 13 LJ for the people farther on down the way and we have already discussed it with them. They say no they have to have their water. Corrie: is the ditch on your property? Moxley: Yes, it is right on the property line, it is not a few feet in. The bank on the other side, the top of the bank is where they put the fence because their property line is (inaudible). Morrow: Mr. Mayor, could I have Counselor Mr. Crookston give us the benefit of his thoughts here please? Crookston: I believe that I would have to look at the development agreement I would have to look at the findings of fact and conclusions of law. There are issues here that I haven't looked at whatsoever. I don't believe that I am in a position to be able to advise the Council as to how this should be handled. Simply because I don't have all of the information that I need. Corrie: Let me ask you this Counselor if we got as much information or you looked at that and read those along with the Planning and Zoning Ordinance officer giving us input do you think that we could maybe address this at the next meeting? Crookston: I believe that we could. It certainly may be a civil matter but I can't say that it is or is not until I have looked at all of that. Morrow: It would be my preference that we have the City Attorney and the Ordinance Officer research this issue and then report back to the Council at our next meeting which would be October 1. Corrie: Mrs. Moxley would that be okay with you until we look into this? I will entertain a motion (inaudible). Rountree: Mr. Mayor, I would ask Mrs. Moxley if you would allow the City inspector and possibly some other city staff to inspect the ditch? Moxley: We have all along said that we wanted to be notified and have the people come out. It is just that we rent to the horses and we need to know if the people are going in and out with gates and I don't want to shock somebody with the hot wire and the water combination. If you tell me I can unplug the fence and would be glad to do that. Rountree: What is a reasonable notification? Meridian City Council September 17, 1996 Page 14 Moxley: That day, I am there. Corrie: Any further discussion? • Tolsma: I might mention to Shari that if the ordinance officer wants to go out there (inaudible) ditch rider because he has a lot of experience in ditches and stuff and (Inaudible). Corrie: Any further discussion or comments. Mr. Morrow, is that then your motion? Morrow: I will start from scratch Mr. Mayor, I would move that we instruct the ordinance officer and City Attorney and other members of staff as needed to research the issue with respect to Mrs. Moxley's comments on the Chamberlain Estates ditch issue and report back to the Council the facts on October 1, 1996 for further action at that time. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to have the Planning and Zoning Enforcement Officer (inaudible) City Attorney to look into this and report back on October 1 meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED SEPTEMBER 3, 1996: AMENDED ORDINANCE #3-101 GENERAL LICENSE CONDITIONS: Corrie: This will be Ordinance #744, AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 3-101 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID SECTION 3-101 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #744 read in its entirety? Hearing none I will entertain a motion on Ordinance #744. (End of Tape) Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve Ordinance #744 with suspension of the rules, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea • • Meridian City Council September 17, 1996 Page 15 Corrie: Fdr the audience this ordinance what it is primarily is determining applicant's abili#y for a license has different areas of people who need to be finger printed, such as the peddlers, solicitors, escort business, private security service operators, citizens bn patrol, police reserves. It is primarily just to background check those types of people. ITEM #3: TABLED SEPTEMBER 3, 1996: NON-DEVELOPMENT AGREEMENT FOR RAVEN HILL SUBDIVISION: Corrie: Counselor, has that development agreement been read and approved by you? Crookston: Yes it has. Morrow: Mr. Mayor, I would move that we approve the non-development agreement for Raven Hill Subdivision. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the non- development agreement far Raven Hill Subdivision, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED SEPTEMBER 3, 1996: REQUEST FOR A TEMPORARY CONSTRUCTION TRAILER IN MORNING GLORY SUBDIVISION BY PRESCOTT HOMES: Corrie: That was tabled because we did not have a representative from the Prescott Homes, is there are representative at this time? A message has been left on the recorder the City Clerk tells me. What is the Council's pleasure? Bentley: Mr. Mayor, I would move that we table this to our next meeting October 1. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to table to October 1 meeting, any further discussion? Morrow: I think my point of interest in terms of discussion and in the motion would be that we notify that if there is not a presentation at the October 1 meeting that the item be dropped from the agenda. • i Meridian City Council September 17, 1996 Page 16 Corrie: Is this the general feeling from the Council? Morrow: Would you amend the motion to reflect that please? Rountree: I will withdraw my second. Bentley: Mr. Mayor I would move that we table this until October 1 and notify the applicant if them is no one representing them present it will be dropped from the agenda. Rountree: Second Corrie: Motion made that we table to October 1 for the notification on the request, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT FOR BEDFORD PLACE SUBDIVISION NO. 3 BY BRIGHTON CORPORATION: Corrie: I will entertain a motion for table. Tolsma: So moved Rountree: Second Corrie: Motion made by Mr. Tolsma, second by Mr. Rountree to table to October 1 meeting on item 5 the Bedford Place Subdivision final plat, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINAL PLAT FOR THE LAKE AT CHERRY LANE N0. 5 SUBDIVISION BY STEINER DEVELOPMENT: Corrie: Is there a representative from Steiner Development here? Bradbury: Mr. Mayor and members of the Council my name is Steve Bradbury I am here to present the final plat for the Lake at Cherry Lane No. 5. I assume that you have plats in front of you, if you don't or if it would be more convenient to look at 8 1 /2 by 11's I have some that I can pass out if you would like them. If you have eyes like me you won't be able to see that one anyway. Mr. Mayor and members of the Council this is the final plat • Meridian City Council September 17, 1996 Page 17 for the Lake at Cherry Lane subdivision No. 5. This was originally presented or maybe I should put it this way, the preliminary plat was approved I believe last October. This is the entire 40 acre parcel that has been before you on a number of occasions, the entire 40 acre parcel that is presently owned by Mr. Teter who is here. Just by way of background you will recall that this proposal was brought to you in I guess two or three different pieces, the 40 acre parcel was to be divided into basically east and west halves more or less with single family residences on the west half. On the east half of the property was going to be divided into a senior citizen complex in the southeast corner. Then amulti-family or condominium type project in the northeast corner. The proposal here is to obtain approval for the final plat of the entire 40 with the expectation that the building lots in the westerly half would be constructed and that the further preliminary plat for the southeasterly lot that 10 acres or approximately 10 acre lot you have approved a preliminary plat for that. The working drawings are in process and would be submitted to the City soon for final plat on that section. The application for the approval of the project in the northeasterly quadrant that approximately 6 or 7 acre parcel is just about ready to be submitted to the City. I guess a version of that application has come to the City and has been sent back for some additional information. So, just, we are about to reach closure on the entire project. The intention is to develop the lots that you see here first, then to develop the senior complex in the southeasterly portion of the property and then to develop the northeasterly portion of the property in that order. Keith Jacobs the project engineer is here and he can answer any technical questions that you may have with respect to the plat. We have received the comments of staff and I believe staff has received our responses to them. Gary did you get that fax from Keith's office today? Okay, he has got those. In essence we can say we are, the conditions or comments of staff are well taken and we will comply with the requests that are contained therein. There is one question that we have with respect to perimeter fencing, Mr. Campbell had a conversation with Shari, I believe it was earlier today to discuss the requirements that the Council might impose with respect to perimeter fencing. And suggested that perhaps we ask the Council to simply let Mr. Campbell work that out with Shari as a part of the further approval process. The issue that is being raised here is this project is surrounded by existing or proposed residential subdivisions and that it may not be necessary to put a perimeter fence around the entire project as a part of the approval tonight. Of course there will be security fencing around the senior citizen complex, we expect we will have perimeter fencing around other portions of the property and the development plans have shown the fencing to go along Ten .Mile Road. We would just like to have an opportunity to work it out with Shari and see if we can't come up with a fencing plan that makes sense for everybody. If we need to talk in more detail about that we can. Part of the project contemplates the conveyance of a parcel of property to the City to be used as a fire station site. I have copies of a gift deed that Mr. and Mrs. Teter have executed. Mr. Teter holds the original of the deed and he has suggested that he would deliver that deed to the City upon the city signing the final plat of the subdivision. That could be made as a condition of the signature on the plat. What we would like to suggest u Meridian City Council September 17, 1996 Page 18 that the City do upon receipt of that deed is hold it, have the Mayor hold it in his file until the final plat is recorded that way we can avoid the possibility the potential that the City and Mr. Teter and Steiner Develgpment would be parties to an illegal subdivision. Once the final plat is re~rded the lot comes into existence officially then the Mayor and simply have somebody go down and arrange for the deed to be recorded. If we get the deed recorded in front of the plat I fear we are going to have problems. So that is a suggestion I would just like to make. I have also proposed declaration of covenants, conditions and restrictions. This is as you will see a supplemental declaration, the intention is to simply extend the provisions of the restrictive covenants applicable to the Lake at Cherry Lane No. 3 Subdivision to this subdivision with some minor modifications. We understand that Mr. Crookston hasn't yet had an opportunity to review those but we will be willing to work with the City Attorney to make whatever modifications may be necessary in order to satisfy you and he. One point Wayne, the lot numbering scheme that is shown in this document may need to be fixed up in order to comply with some of the requests that have been made by staff for the final plat and we will fix up all of the lot numbers to get those squared away. With that I am prepared to answer any questions that you folks may have. Corrie: Thank you Steve, any questions of Council? Morrow: All of the lots in this subdivision are required (inaudible) Bradbury: Well my understanding was that the lots in this subdivision that, well shoot you know, my recollection is the lots in this subdivision are not required to pay a golf course development fee because they are not adjacent to the golf course. Now my recollection may be faulty and pefiaps somebody can help me with that. Perhaps we can review the findings and conclusions and see if that condition exists. Morrow: (Inaudible) Bradbury: No this is remote from the golf course, this is separated from the golf course by the Lake at Cheny Lane No. 4 Subdivision by No. 3 I am cony. I get the numbers all fouled up. Morrow: So the west boundary is with No. 3 it is not any portion of the west boundary is with the golf course? Bradbury: That is correct. Crookston: Mr. Bradbury, it was my understanding that the lots developed by Steiner Corporation by which were lots that were developed from land that was purchased from Mr. Barney the lots developed that was land owned by Mr. Fuller I believe a portion of the • Meridian City Council September 17, 1996 Page 19 lots that are owned by Mr. White, I think all were required to pay the golf course development fee. Bradbury: I haven't got a specific recollection of what the Council's findings are with respect to this issue on this particular plat. But I would be more than pleased to work with the City Attorney to straighten that out if you would like. This particular parcel was purchased or is under contract for purchase by Steiner Development from Mr. and Mrs. Teter. It is a different property then the one that was purchased from Mr. and Mrs. Barney. I just don't have, I don't recall that the issue of a golf course development fee came up with respect to this parcel in the past. I think in the restrictive covenants that I have put before you I modified the language with respect to a golf course development fee to exclude these lots from it. If that is not correct then yes we need to fix it and do something different if you intention is otherwise. I guess I would suggest the place to look would be in the findings of fact and conclusions of law. I have a copy in my file here in the room if we want to take a look at those. Cowie: Going back to memory which is not always the best way to go but I don't recall that subdivision being included in that. It is the ones that surround the golf course and are adjacent to that not any other subdivisions after that. But I think it would be a good point counselor we do need to go back and look at that to make sure. But I don't recall that being part of the fees. Crookston: As you say it is not best to rely on your memory but as I recall it didn't matter whether a lot was adjacent to the golf course or not. If it was within the land being developed by those three entities that it was to be structured with a golf course development fee imposed. Bradbury: Well I suppose taking the issue to its illogical conclusion how far away from the golf course do you go. If Mr. Steiner buys the next 4Q and then 40 and the next 40 and the next 40 is the golf course development fee imposed on the fourth 40 out? Morrow: I think Mr. Bradbury to bring this conclusion the issue in terms of what ground pays golf course development fees was set by the original proposal that was put forth in 1978 by Mr. Leavitt of Leavitt New Pacific and the grounds that were incorporated and the premise which the City accepted the deed to the golf course and the promise that they were going to have 18 holes and a club house at no expense to the City and be donated by Leavitt New Pacific. It is my understanding that the grounds that were part of that original proposal were the ones that were limited to the golf course fee. So that in fact the City would be made whole some seventeen years later with respect to that golf course ground. Now then whether this part of that ground or not I cannot tell you. And I would suggest that the findings of fact and conclusions are the proper place to resolve the issue. • • Meridian City Council September 17, 1996 Page 20 Bradbury: And I agree, you obviously have far more background on the topic then I do and I agree, I think the thing for us to do is look at the findings of fact and conclusions of law and decide whether or not it was contemplated and perhaps take another step back and look at the, whatever documentation was created at the time the original agreement was made and try to determine if this parcel of ground was intended to be included. If so then there you have it. Morrow: I think it is worthy of research. Bradbury; I guess what I would suggest we do so we can maybe avoid one additional meeting maybe and maybe we can't but maybe we could perhaps we could simply impose a condition that the matter be reviewed and whatever, in the event there is a need to impose the golf course development fee and come back and talk to the City Council if not go ahead and get the plat circulated and on its way. Con'ie: Well I would be most interested in those findings of fact myself too. Is that included in part of the 556 that they were counting, Walt do you .know? Morrow: At this point I can't recall, I don't remember, it was you and I and Ron that were part of that approval process over a year ago and I just simply can't tell you. Bradbury: If you would like, I did bring a copy of the findings and conclusions, I can pull them out now, we can even go onto the next item of business and pull those out and we can take a quick look at them and see if it gives us any help. Tolsma: (Inaudible) Crookston: I am not sure if there is a reference in the findings of fact on any of these properties that relate to the golf course development fee. Morrow: I think Mr. Mayor if I might suggest in order to, we can discuss this for some time it seems to me the appropriate thing might be to make a motion that we approve the final plat for the Lake at Cherry Lane No. 5 by Steiner Development subject to the lot donation by Mr. Teter being recorded after the recording of the plat, the CC&R's being approved by City Attorney Crookston and that the golf course development fee issue be researched and resolved again by City Attorney Crookston. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, further discussion? Meridian pity Council September 17, 1996 Page 21 Tolsma: This final plat here now that Number 5 subdivision, that is just the platted lots (inaudible). The only thing is actually NO. 5 is this section here (inaudible) Bradbury: No, the entire 40 will be comprised of Subdivision No. 6. Hopefully it will make sense, there are two large lots one in the southeasterly comer and one in the northeasterly corner. When we come back for the final plat approval for No. 6 it will be a redivision of that southeasterly comer lot that comprises of about 10 acres. It is covered up with a little table there now. The reason for it and maybe I can help you understand, the reason for platting the entire 40 is because we have to put the road through the middle of it in order to get to the back half. If we didn't plat the entire 40 we would end up with two remote pieces that would then be outside of the subdivision, it seemed to us to make more sense to divide the whole 40, get the whole road in across the entire 40 front to back, designate those two what otherwise would have been out parcels as lots within the subdivision and those by the way are both zoned R-15 according to your previous approval. Then we will be back to redivide those large lots as we have shown you in the submittal in the past. Tolsma: (Inaudible) I have a question, is that agreeable with you on that? To approve the entire 40 acres on the final plat? Smith: I don't have a problem with it Councilman. Tolsma: You don't have a problem with that? Smith: No sir. Tolsma: (Inaudible) water lines or sewer lines laid out in their streets? Smith: There is a feature sewer line that would go up through the northeast large lot and there is a sewer line that comes from the northeast comer of the R-4 development that is shown on that plat that runs to the east through the northerly portion of that Northeast large lot. But those will have permanent easements written, descriptions for permanent easements written and recorded in favor of the City so that we can access them for maintenance. Morrow: Mr. Mayor, if I might, Ron, and I think what is really going on here is that in ~ sense if in this phase is divided into single lots, if you have 40 lots there then these other 2 lots comprise lots 1 and 2. So you have a total of 42 lots. Then what happens is when those lots are (inaudible) all development issues in terms of sewer line running through and utilities and all of that stuff. And then at some point in the future you come and re- subdivide as per their master plan for whatever it is they want a final development. At that time it would be re-plated and we would again take a look at that and redo that and Meridian City Council September 17, 1996 Page 22 approve the new plat for the re-subdivision of lot 1 if that is the case. Corrie: Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINAL PLAT FOR CROSSROADS SUBDIVISION N0. 4 BY CAPITAL DEVELOPMENT: Corrie: Is there a representative for Capital Development here this evening? Morrow: Mr. Mayor, I am sorry I know I am a little out of order here but I do think it would be appropriate on the part of the City for us to issue a letter signed by the Mayor and the four councilmen thanking Mr. Teter and his wife Viola for their donation of the ground for a future fire station site. I don't want to be remiss and overlook the importance of that donation to this community. Corrie: Mr. Morrow I will do that, would you like to have all the Council sign that letter? Morrow: I would please. Corrie: I will draw it up and have it for signature. Smith: Mr. Mayor, members of the Council, my name is Gene Smith, with Hubble Engineering. I am here this evening to represent Capital Development with Crossroads Subdivision No. 4. I believe you have before you Mr. Freckleton's September 12 comments concerning Crossroads Subdivision. We have addressed those comments and have three items that we would like to discuss with you. Item 3 we have been requested to determine the seasonal high ground water elevation and submit profile of the subsurface soil conditions as prepared by a soil scientist wi#h the street development plans. This is a new condition that I haven't seen previously on subdivisions. We are required by ACRD to provide them with applicable data identifying the the ground water is and during the time of construction of seepage trenches or storm drainage facilities if that ground water is up into the seepage trench then basically they shut down the project until there is further design, redesign, whatever means to remove that ground water to a depth that is suitable for the seepage trenches. So I guess I feel that item 3 is kind of a waste of money at this point in time to go in and hire a soil scientist at this time to catalog those conditions where we have already received ACRD for the improvement plans including the seepage trenches, the drainage facilities. So I would propose that item be deleted as a condition of approval. Under site specific conditions or site specific comments item 2, it states a permanent exterior perimeter fencing is required to be in place ~-. • Meridian City Council September 17, 1996 Page 23 prior to obtaining building permits. I guess I just wanted to make a point of clarification on this item in previous phases of Crossroads that perimeter fencing has been the perimeter of the development. And that is how I was interpreting this, it was not necessarily the perimeter of the interior of this Crossroads Subdivision No. 4 Subdivision. Is that, was that your intent Shari, Mr. Mayor I am sorry. Stiles: That comment is directed towards exterior boundaries. Smith: Okay, our final item of concern is under site specific item 10 to create a common area lot with a blanket easement in favor of the City of Meridian for operation and maintenance of sewer and water facilities over the 30 foot wide area between lots 10 and 12. We have attempted to provide that however if we provide a full 30 foot wide lot for those facilities then lot 10becomes anon-buildable lot. The area of that lot becomes less than 8000 square feet. We could however and I would propose that the condition be stated that we work with staff to possibly realign the existing 30 foot sewer easement so that it would be moved further to the north and or reduce the width of the common lot to less than the width of a 30 foot easement. There is both sewer and water facilities, sewer and water mains within that easement and I would propose that we could relocate that easement to accommodate those. Corrie: Have you discussed that with staff yet? Smith: Just briefly later this afternoon, Bruce and I were trading phone calls and faxes and so on and so forth and I don't know if Bruce was able to get a copy of my latest fax to Gary or not. Corrie: Any comments or questions from Council? Rountree: The final plat you submitted shows the 30 foot easement there, I would assume that the staff s comment is with respect to what you have identified as a 30 foot easement. Eng. Smith: That is an existing 30 foot easement yes. I think the intent, Mr. Mayor and Councilman Rountree I think the intent on stafYs part was to make that a common lot for the full width of that 30 foot easement. By so doing that would create anon-buildable lot on Lot 10. Rountree: I have a question for Gary on that particular item. On the question about the common lot for the easement, what is, is 30 feet a City requirement? Eng. Smith: Yes, where we have a water and sewer line they have to be separated by 10 feet horizontally and we used ten feet each way from each line added to the ten foot • Meridian City Council September 17, 1996 Page 25 Smith: I don't think that would be a problem. Eng. Smith: Does that answer your question Councilman Rountree? Rountree: I just wanted to make sure that the easement could be accommodated by the adjustment in those lot lines to your satisfaction. Eng. Smith: Well I guess what I am hearing Gene say is that it can within a foot on one side, on the sewer side. On the water side we can have the 10 foot and if that is the case then that is acceptable. Mr. Mayor and Council members can I jump back and answer a comment on soil scientist issue. I don't know the status of the development plans for the streets, are they approved by the Highway District? Smith: Yes they are. Eng. Smith: Are the drainage pits within the right of way? Smith: Not all of them no. Eng. Smith: Who is going to maintain the drainage pits? Smith: The heavy maintenance as we have done on other pits that are located outside of the right of way is done by ACHD, light maintenance the upkeep etc. will be done by the homeowners association. Eng. Smith: Does the heavy maintenance include the maintenance of the subsurface materials, the drain rock, the piping? Or does it only include maintenance of the surface as far as mucking out the silts and sands and so forth? My concern is, the reason I ask that question, my concern with the water level is that the water level fluctuates over the year it is going to be highest in October and obviously if the drain pit is built then it will give us a very good indication of where the high water will be or could be. Our concern is, if the Highway District is not going to maintain the subsurface materials and they are going to throw that bads in the face of the homeowners then we need to be absolutely sure that the water level whatever the historic high ground water level is it is below the point that the Highway District has established as the maximum elevation for these drain pit construction. If the Highway District is going to maintain the drainage pits subsurface materials as well as keeping the surface, heavy maintenance of the surface then that is fine, it is theirs and if they stamp their approval on it they have got it. If they don't want any information on the ground water then that is their prerogative. But if it falls back to the homeowners then I am going to stand pretty strong on knowing where that historic high ground water level is. It is my understanding that a soil scientist can tell us that by looking Meridian City Council September 17, 1996 Page 26 know as concerns to ground water has to do with certain areas of the City having ground water or water pop up in crawl spaces. In come cases in most cases I should say this water is not ground water but it is surface water that can't go down through the ground and into the gravels because of the clay layer. Sometimes knowing this information can prevent future problems with homeowners having to deal with surface water that is popping up in the crawl spaces because it can't get down. If the builders know ahead of time they can make provisions in construction of their crawl space so that any surface water that did come horizontally through the building site can be intercepted with a drain pit and conveyed down into the ground water gravels. So two reasons for that comment and we, I don't know the last subdivision that you did Gene but we have been using the comment for a fair amount of time now. Smith: Mr. Mayor and members of the council, in response to Gary. The ACRD we did provide them with data is was based on the sewer trenches and as you noted I believe Gary that sewer trench was a fairly deep trench in that area. That is where that data came from. It is not like they are not looking at the data, it was just, we had provided different data to them. Secondly I do not recall the exact language in the maintenance agreement with ACHD. I do recall that they take care of the heavy maintenance and I don't remember if that extends out into the sub surface or not. With respect as to providing test pits if that is the Council's desire we can certainly do that. Corrie: Any other questions of Council? Any further questions of Council to staff? Morrow: I would like to follow up with Gary, your response to Gene's proposal with respect to the sewer trench and that data with the ground water issue what are your feelings Gary about that? Eng. Smith: Well I still Mr. Mayor and Councilman Morrow, I still want to know who is going to maintain the drainage pits. Morrow: And that information would we get a letter from ACHD as to declaring their position? Eng. Smith: Right, if they are going to deal with the gravels under the drain pipe in the drainage pits that is fine. They can use the information that was given to them from the sewer trench excavation and run with it. The problem that occurs is if the ground water come up into the absorption beds or the drainage pits then the functioning of the beds is seriously hampered. There is nowhere for the water to go, there is no storage. That is the reason that the ground water level is so important. If they are going to maintain it and they have decided from the information given to them on the sewer trench construction that is fine. I just don't feel responsible enough to say to the homeowners here it~ is yours and • Meridian City Council September 17, 1996 Page 27 without that information from a soil scientist stating that yes this bed is being constructed above the historical high ground water level. Corrie: Any further comments? Hearing none I will entertain a motion on the final plat. Morrow: Mr. Mayor, I would move that we approve the final plat for Crossroads Subdivision No. 4 by Capital Development subject to staff, ACHD conditions and further subjecting it to the resolution of the easement for sewer and water services between lot 10 and lot 12 and also a letter from ACHD as to who is maintaining the drainage pit, the subsurface drainage pit portion. Based on that letter then the appropriate specifications by City Engineer Smith would be followed. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to the final plat approval subject to the conditions as stated, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR HI-MICRO TOOL COMPANY BY NEWBERRY ENTERPRISES: Corrie: At this time I will open the public hearing and invite the representative from Hi- Micro Tool Company to come forward first. Dale Newberry, 1410 East Pine, was sworn by the City Attorney. Newberry: The main issue here was the property line on the east side of ours bordering with Mrs. Reamon's property. I think we have resolved the issue, Mrs. Reamon contacted me and told me that she feels like she is no longer physically able to live alone in her house and she is selling the property to us. I just signed the earnest money. agreement this afternoon. Unless there are other public statements to be made by other people I think this one has been resolved. Morrow: Mr. Mayor, question Dale, the issue would then would you like to see that it is dropped from the agenda or tabled pending the resolution of the earnest money agreement so that the process is in effect if something happens to the earnest money agreement then we simply bring it off the table and press forward with the variance issue. If nothing happens and the sale is completed then the point becomes moot. Newberry: That would be satisfactory with me if we could just table that pending the final C~ Meridian City Council September 17, 1996 Page 28 sale which is scheduled to be October 1. Morrow: Shari has a comment. • Stiles: Mr. Mayor and Council, the only thing that I am concerned about is that if building permit application has been submitted the building permit can't be issued until this is resolved. I don't know what the time period is on your agreement. Newberry: October 1. Stiles: So that is probably about when you would be wanting a building permit? Newberry: Right, I hope it is done then. Stiles: That is the only problem that I see. Corrie: Is there anyone else from the public that would like to issue testimony on this variance request? Hearing none I will under the circumstances close the public hearing at this time. I take that back right now, is it your desire to continue this to the next meeting, is this what you are asking for Walt? Morrow: Yes, my motion would be (End of Tape) Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to continue the public hearing until October 1 meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A VACATION OF EASEMENT BY RICHARD VALLA: Corrie:. At this time I will open the public hearing and is Richard or a representative here? Richard Valla, 16685 Rose Briar Lane, Nampa, was sworn by the City Attorney. Valla: We are requesting a 45 degree water line easement that is not being used be vacated. This is at the Northwest corner of Franklin and Meridian streets. The existing water lines and area are serviced, the area is serviced by existing water lines to the northeast and south of the property. Corrie: Questions from Council? Meridian City Council September 17, 1996 Page 29 ~J Morrow: Mr. Mayor I have a question, you are the owner of this lot? Valla: Yes my family is. Morrow: My only comment concerning this is that I would really like to thank you guys for having the thing cleaned up. There have been a lot of people in the City that have said and very rarely do they say much but they are really happy with that being cleaned up and I would like to thank you on behalf of the City and citizens and Council for taking that step and helping us out. Corrie: Anybody else from the public that would like to issue testimony in this request for vacation of easement? Council are you ready to vote on that? 1 will close the public hearing. Rountree: Does this require findings of fact? Crookston: It does not. Rountree: Just an action, Mr. Mayor, I move that we approve the request for vacation of the easement for the applicant Richard Valla. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that the request for vacation of easement be approved, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea. Crookston: Mr. Mayor, we do need an ordinance on it however. Corrie: I will entertain a motion for an ordinance to be drawn. Rountree: So moved Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that an ordinance be drawn up by the City Attorney, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council September 17, 1996 Page 30 FIVE MINUTE RECESS ITEM #10: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-O BY KELLE WATKINS AND DOUG STEWART: Corrie: I will open the public meeting at this time and invite either Kelle or Doug to come forward first. Doug Stewart, 5960 North Linder Road, was sworn by the City Attorney. Stewart: We would like this piece of property rezoned to light office. Everything on that street is rezoned commercial and that looks like a good piece of property for my wife. to open a counseling office. That is why we would like it rezoned. I have spoken with Shari and Bruce both and submitted a plan to them and they approved it. So that is the story. Corrie: Okay Doug, are there any questions from the Council? Morrow: Mr. Mayor, Mr. Stewart you have read the conditions of approval from the City Engineer's office and from the planning and zoning, are you in concurrence with those conditions? Stewart: Yes I met with both Shari and Bruce and we talked about all of those and I submitted a plan to them and they said that would be an adequate plan. Morrow: Okay, you are aware the development agreement and those kinds of things need to be done? Have you seen these? Stewart: I have read all of those. We are flying by the seat of our pants here we are not developers. Morrow: I understand that, I have not a problem with that: Stewarts: I don't want to move any sewers or create any easements. Morrow: I have no further questions. Corrie: Any further questions of the Council, Staff? Comments? Stiles: Mr. Mayor and Council, the findings for this that references a development agreement. We have talked about a development agreement we would like to have not quite the extensive development agreement we have had on past projects for a project this ~ f Meridian City Council September 17, 1996 Page 31 small. He, the applicant is aware they need to come in with their drainage plans for their parking lot. We have worked on the 20 foot landscape setback, they will be down to about 13 feet in one area but that is to provide one parking space out front beyond that 13 feet on the west side of the property will be 33 feet. So I think they have developed an adequate plan that will meet our requirements. Bentley: Mr. Mayor, I have a question for Shari, did the driveway issue get all settled up? Stiles: Yes, they are allowing the driveway on Cherry. Corrie: Thank you very much, we will see if there are other people in the public that would like to testify. Is there anybody else from the public that would like to enter testimony on this rezone? Members of Council any discussion? Morrow: Mr. Mayor, I would move that we adopt the findings of fact. Corrie: I will close the public hearing at this time. Morrow: At this time I would move that we approve the findings of fact and conclusions of law as prepared for us by the P & Z. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve the findings of fact and conclusions of law as prepared by the Planning and Zoning, roll call vote. DOLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Is there a motion on the decision? Morrow: Mr. Mayor, I move that the City Council ofi the City of Meridian approve of this rezone requested by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform building code and other ordinances of the City of Meridian including the parking area shall be paved. Bentley: Second • Meridian City Council September 17, 1996 Page 32 Corrie: Motion made by Mr. Morrow, second by Mr. Bentley on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Entertain a motion for an ordinance. Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to have the attorney draw up the ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: SEWER AND WATER CONNECTION FEES AND USE FEES: Corrie: At this time I will open the public hearing and invite anybody from the public that would like to testify on the sewer and water connection fees and use fees. Seeing none, Council discussion? Hearing none I will close the public hearing. I guess we have two ordinances. Morrow: Mr. Mayor, I would move that we adopt Ordinance #742 with the suspension of the rules. Bentley: Second Corrie: I guess I need to read it first and which version do you want? ORDINANCE #742, AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING. SECTION 7-533A, SECTION 7-5338 AND SECTION 7-535 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN RE-ENACTING SAID SECTIONS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND PROVIDING AN EFFECTIVE DATE. Mr. Morrow 1 will entertain that motion now. Which one do you want to approve, A or B, A has the second paragraph in there for (inaudible) and B does not have that section. A is for any purposes has the second paragraph under 7-535 (inaudible) existing public sewer adjacent to their property and No. 742 B does not have that paragraph. If I am correct Mr. Counselor those are exactly the same except for that. Crookston: That is correct. -~J Meridian City Council September 17, 1996 Page 33 Morrow: I guess for my purposes what are the pluses and minuses of having it in and out. Why do we have two versions here? Smith: I believe as I recall that the version A is how the existing ordinance reads. There is a provision that adjacent properties are to be assessed the connection fee that is in the ordinance if they have not participated in construction of the sewer line. So, the A version would be as the ordinance exists. The 6 version would be a deletion of that provision from the existing ordinance. Morrow: I understand that the question is why would we be deleting that portion? Smith: Why would it be deleted, I don't know. I think that it should be left as it exists in the ordinance, I don't know why it was Morrow: What I am trying to find out here is why do we have two versions of the ordinance. Smith: I don't know Councilman. Crookston: It has been a while since I drafted this ordinance but as I recall the section that has the additional provision in it excuse me the additional paragraph on Section 7-535 I think that Mr. Freckleton discussed this and we desired to take that out because it is in the ordinance now as I am recalling. Smith: Yes it is. Bentley: Why would we want to take it out? Smith: Mayor and Council, perhaps it has to do with the latecomers agreements that we have that we draft on these extensions of sewer lines. Crookston: That is correct. Smith: Maybe that is what the thinking was Morrow: So let me ask you this, how does that impact this proposed ordinance or this paragraph. I am trying to get to what the linkage is here as between the two as the reason why we shouldn't have it in the ordinance. Smith: I don't know that I am prepared to answer that. I wasn't aware that it was being removed. I really don't know why it was there originally, it has been in the ordinance as • • Meridian City Council September 17, 1996 Page 34 long as I have been around here and I don't know why it has been there, why it was placed there. Morrow: Okay let's work, let me maybe read this thing and see if we can work our way through so we can determine whether it needs to be there or not be there. It says for properties that have an existing public sewer adjacent to their property without direct cost to the present owner or former owners of the property there shall be a additional connection charge of $1580 for each equivalent connection or fraction thereof as may be assigned to the property by the City. Does that mean that you have two lots side by side and that Lot A has extended the sewer line to his property and through his property to the property line. That Lot owner B cannot connect to the end of that line without paying extra fees because he has not extended the line across the full frontage of his lot is that what that is trying to say? Smith: The way I read it Councilman Morrow, is if you have two properties A and B side by side and A develops and in the process of developing extends the sewer across the front adjacent to the frontage of Lot B and then B develops B would then pay the standard connection fee plus an additional connection fee same amount as specified in this paragraph. So that Lot B would pay $3160 for the privilege for connecting to a sewer line that was constructed by others. Morrow: But in your example did you not say that Lot owner B also extended the sewer line across the front of his property or you said he hooked on to where Lot A left it. Smith: Lot A extended the sewer line to their lot and in doing so built the sewer in front along the frontage of Lot B which gave Lot B access to the sewer. Morrow: So you are saying that Lot B is actually closer to the original sewer than A was and Lot A extended it all the way through. Smith: Yes correct Morrow: In our current late comers agreement really what it amounts to is Lot B is supposed to pay the cost of the extension of the sewer service from point of pick up to Lot A is that correct? Smith: Well under late comers agreements Lot would have to pay their proportional share of the construction of that extension. Morrow: Which may be more or less than what this is indicating. Meridian City Council September 17, 1996 Page 35 Smith: ,Right and I assume that was the thinking that Bruce Freckleton and Wayne had when they deleted that paragraph that any additional cost to a property no involved in the extension of a sewer line would be recovered through a late comers agreement which is now a typical process. I don't think that the late comers agreement was in the ordinance at the time that this paragraph was in the ordinance. I think the late comers agreement came along at a later date. This paragraph was not removed from the ordinance when the late comers provision was added to the ordinance. Crookston: That is correct. (Inaudible) recalling what Bruce Freckleton and I did discuss was, that because of the late comers agreements that we are doing now that there was no need for this paragraph in the ordinance. Smith: I would agree with that. Morrow: And I also would from the standpoint that is makes sense (inaudible) arbitrary number that may or may not be relevant to the actual cost. So I would Rountree: Mr. Mayor, just one point to that as soon as we delete it from the ordinance there will be one of those situations that you rusty minds that wasn't subject to late comers fee that this might be applicable to. We are receiving numerous requests in and about the City where we are asking for hook ups that probably should have been done years ago. Smith: I agree Rountree: And there is no way to assess a late comers fee to them. Smith: Right, a lot of those extensions that were done years ago were constructed with a consortium of funds. Typically federal, state maybe some local money and the recovery of those funds at this point I think the more important thing would be to fairly assess the property that is connecting to the sewer for the use of the waste water plant, the capacity from the waste water plant. Rather than the cost of the line that may have been constructed with public matching funds. Not necessarily a private developer expenditure. Morrow: So your thought is, if I am understanding you that you leave that in the ordinance. Smith: Well I don't think so, I think it would be, it is an arbitrary number as it exists or as it is proposed and what are we trying to recover from the person connecting to the line. It is a cost that occurred years ago and I don't know how much of the funds were local funds, how much were state, how much were federal. My inclination is to pay or have the person connecting to the sewer pay for the cost of treating their waste at the waste water treatment plant. And the cost of the line is there, it has been years and years in the ground Meridian City Council September 17, 1996 Page 36 siting some of these places that are adjacent to an older sewer line. Morrow: And to take that one step further then by, if it is a single family residence that is one hook up fee, if it is some sort of small commercial usage then it is assigned based on equivalency and so on and so forth so that self adjusts. Smith: Right. Rountree: With Gary's answer I would be not willing but see reason to take it out. Morrow: So we would go with #742 B. I will withdraw the motion and then make the motion for the correct ordinance. Corrie: Second withdraw. Morrow: Mr. Mayor I would move that we adopt Ordinance #742 B with the suspension of the rules. Bentley: Second Corrie: Motion made that we accept Ordinance #742 with the suspension of rules, which is the one deleting that second paragraph under 7-535, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: Let me ask this before you read ordinance #743, is there an A and B to this? Corrie: I don't think so. Ordinance #743, AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 5-1196, SECTION 5-.131 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, RE-ENACTING SAID SECTION 5-1196, SECTION 5-131 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #743 read in its entirety? Hearing none Bentley: Mr. Mayor, I move that the City of Meridian adopt Ordinance #743 with the suspension of rules. Rountree: Second • Meridian City Council September 17, 1996 Page 37 Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that Ordinance #743 be approved with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #12: REQUEST FOR ONE YEAR TIME EXTENSION FOR FINAL PLAT OF WATERBURY PARK SUBDIVISION NO. 5 BY CAPITAL DEVELOPMENT: Corrie: Anyone here from Waterbury Park, a representative? Do you have the letter Shari? Morrow: It is part of our packet, Mr. Mayor I would move that we grant the extension for one year for the recording of the final plat for Waterbury Park Subdivision No, 5 from the anniversary date. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the final time plat according to the request and as stated in the motion, all those, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: MERIDIAN PRESBYTERIAN CHURCH: REQUEST HOOK UP TO CITY WATER AND SEWER: Corrie: Is there a representative from the Meridian Presbyterian Church here? Hoffman: My name is Paul Hoffman, Mayor and Council, I was biting my tongue when we were talking about the additional fees for the water and sewer. Have you folks, you gentlemen to see the letter and plan? Berg: It was in their packets. Hoffman: I apologize, I wanted to have the whole site in the package that you received. It is not quite all there, about 9/10 of it is. I brought a copy here. I visited with the staff here about the project. It is not a cut and dry kind of deal. There are many considerations • Meridian City Council September 17, 1996 Page 38 going on. One of those being the City is going to embark on the improvement of its water system across the street. That has a direct impact on what we are going to do or what we might do. I visited with the staff about what that might be and I have outlined a proposal here, a number of items that I think frame the discussion that we talked about and would be interested to hear your comments or ideas about that. I do want to say too that I got a little lost here on the discussion about the fees for the late comer fees. Did I hear that those are not going to be in effect any more. Corrie: They will be in effect it was an earlier ordinance, we just did some house keeping on it, they are still in effect. Hoffman: Well one of the issues, one of the items with this particular property is of course the facility, well that the property is large and it ultimately might include several facilities and we are attempting to improve just a portion of that parcel. And so we would propose then that for instance the late comers fees we would pay for just a portion of those fees since they are assessed against acreage. And then to pay the additional fees later when more of the site is developed. I don't have an exact science or suggestion for you as to how to do that other than to suggest that the phasing that is represented on the plan you have. Crookston: Mr. Hoffman, under our what has been referenced as our late comers fees that is where the individual such as the Presbyterian Church pays for all costs and then they request a latecomers agreement be entered into with the City and it is determined how much of that cost is for the actual development of the applicant's property then if it can provide service to other property then the people, the developer, the user of that other property pays its portion of the total cost but the developer pays it all upfront. Hoffman: I think I understand what you are saying, if you read this letter one of the items one of the issues that I addressed is that the main in Meridian Road is fairly shallow at that point, it is about 9 1 /2 feet. If we were to extend the main down Ustick Road by the time it got to the end of the property it is only going to be 1.7 feet deep. Because the ground gets shallower to the west and so by the time ,you get out there there is nobody else is going to 6e able to hook up to that line. What we are proposing is to run the sewer, well it becomes a main and I don't know whether this becomes dedicated or not. But a sewer extensign, a large lateral down the middle of the site, the church's site and then future facilities would hook onto that main. But in effect nobody else would hook up onto that sewer. Did you get a copy of that letter (inaudible). Smith: Mayor and Council I guess there are two issues, one is sewer and one is water obviously. The fact that we have a park proposed regional park on the north side of Ustick Road I guess that impacts what or has an effect on what is decided on the sewer. Right Meridian City Council September 17, 1996 Page 39 now we don't know what is going to happen that park. About the only thing that we know is-that we want to construct a water storage tank, a well and a pump station for the water system near the southeast corner of the park site which is the northwest corner of Ustick and Meridian intersection. We don't know exactly where at this point. But Mr. Hoffman is correct, if the sewer begins to daylight toward the west boundary of their property then there is no advantage to extend it any farther than a depth that could be utilized either to the south or to the north. I don't know what their plans are for building other than what they have shown on the sketch that they have submitted that Mr. Hoffman submitted. It shows their building presently to be located to the center of the property kind of if you take into account the house that is on the corner. So, if sewer was constructed in Ustick Road at this point it could serve the building that the church is proposing to construct. If the sewer doesn't serve anything else to the west of at this point we don't know what it could serve to the north then sewer service could be provided as he has proposed from Meridian Road. I guess one caveat here is with the development of the park site obviously there are going to be some restroom facilities constructed. But we don't know where and obviously the church is looking at the least expensive alternative. Putting a sewer through unimproved ground is considerably less cost than digging up the asphalt in Ustick Road. Council and my position has always been in the past that when a property develops they extend the sewer and the water to and through their property which includes the frontage roads. And generally well not generally but always in the past those extensions have been made with the realization that the extensions can be continued to serve other property. I this case I haven't chased the numbers out but from what Mr. Hoffman is saying the sewer is not going to go any farther west in Ustick Road. If it is only a foot and a half deep at their west property line it is obviously not going to make it that far because that is too shallow for any use. Somewhere between their west property line and their east property line or Meridian Road the sewer is going to dead end. We have used a minimum four foot cover from finish grade to top of pipe for the sewer line. That is as shallow as we run the sewer so we can protect them. Hoffman: One of the benefits to coming into the center of the property is that is an existing manhole and an existing 8 inch lateral that was paid for by the previous owner. So there wouldn't be any, we wouldn't be digging into Meridian road and tearing up the street. Future development we would be able to connect at least on that parcel we would be able to connect directly to that sewer line without going out into Ustick Road. Smith: That is a correct statement, the only question mark is what happens to the development of the City park. How will any sanitary facilities in the park be served with sewer. That is a big question now. I can't even tell you on the topography of the ground other than park side other than I believe it irrigates from the east to the west from an irrigation ditch that parallels Meridian Road and irrigates west. So, all you can say is that it is following the gradient of Ustick Road from Meridian west drainage. If you bring a • Meridian City Council September 17, 1996 Page 40 sewer out of that property straight south then you are not basically your ground level is staying at the same elevation and your sewer line is coming up of course. That is it is coming up from Ustick Road not the other way around. So you can only, I don't know how far you can go even with the four foot, well you couldn't go very far with a four foot cover in Ustick Road. Because you are losing a foot and a half every four hundred feet on an 8 inch sewer line. So I guess all of this rambling it is really a question as to whether the installation of an 8 inch sewer line in Ustick Road is going to do anybody any good. Morrow: What is it going to take to find that out? Smith: Well we need to know what we are doing with that park site. Morrow: Well I guess part of the answer to that would be is we know we are going to go into the corner with the water tank facility and how far west on Ustick Road does it take to get around that facility. How much lineal footage does that water tank system cover in that comer. When you get to the edge of that water tank are we past the point where the four foot cover becomes something less. If we are then there is no capability of hooking onto it anyway. Smith: I can't answer that question Councilman Morrow because I don't know where the water tank is going to be. Morrow: Well I guess for argument sake one could make the assumption that under the scenario that you put it as close to the comer of the property as possible so then what you have is you have the 45 foot setback and then the road right of way (inaudible) you have 200 feet that it takes for this and all of a sudden that puts you down stream on Ustick Road for example 300 feet and at the 300 foot point what is the depth of the sewer line going to be. Smith: Well it is going to be deeper at that length yes. We are starting at 9 feet at Ustick and Meridian Road and 400 feet you lose a foot and a half so you are 7 1/2 feet. It is running at about 3/10% so in 400 feet that is 1.2 feet so you are down to 6.3 feet. You go another 400 feet and you would lose 2.5 feet so you are at 4 feet. So you are probably going to get 800 feet from Meridian Road and you are going to be at 4 feet of cover. But, then going north into the park site you are not going to get very far before you are out of the ground at that depth. Morrow: That is the other part of the issue. You are now down the road 800 feet, and let's for argument sake, 400 feet of that is consumed of water tank so that leaves you 400 feet to turn north and the question is how far north can you turn in to get to a facility and service a facility and maybe that is what dictates where you put your restrooms. • Meridian City Council September 17, 1996 Page 41. Smith: Right Hoffman: Would it, let me just float an idea here, would it make sense to dedicate a north south sewer easement from the lateral that I am proposing the 8 inch line to Ustick Road so that you could connect (inaudible) and run a line down to that lateral. Smith: I don't know that you are gaining, I don't know how much you would gain by doing that with the lay of the land. Hoffman: I don't know if you gain anything but it might make things a little less messy. Smith: We could certainly look at that. We could do some additional engineering on it to see, we don't have a lot of ground elevations north of Ustick, the aerial photography that was (inaudible) 1976 only went several hundred, not even several hundred feet, maybe 100 feet north of Ustick as kind of an over spray on Ustick Road. So we don't have a lot of ground level information. But we can look at it with what information we do have and try to make some kind of educated guess as to how the sewer should best be installed to serve the property north of Ustick our park site property. Morrow: It looks to me like and correct me if I am wrong but in order for us to have any kind of action tonight we need to resolve some of those issues do we not and get the benefit of feedback because I don't know that I can. I am not sure that I have a total grasp of what the situation is to be able to make a decision on the request for the hook up to the City sewer and water. If part of the ordinance, the to and through issue, how much of that needs to be set aside for practicality sake and so on and so forth. Rountree: I am in the same spot, I would need some additional information before I could make a reasonable decision about the to and through issue and what conditions would be placed on the granting of sewer and water. Though I am not opposed to doing them I just want to know the information. Tolsma: How pressed for time are you on this? Hoffman: Actually I don't believe that would be a problem, I think if I am hearing you that the per say hooking to sewer and water is not objectionable to the (End of Tape) Morrow: (Inaudible) Hoffman: It is not contiguous. We don't have any objection to doing that and would agree to do so when the ground becomes contiguous. • • Meridian City Council September 17, 1996 Page 42 Rountree: That might be for our benefit. Morrow: Is there not a little subdivision across the street? Smith: Yes there is. Hoffman: There is one to the east across Meridian Road. Smith: It was approved for connection to the sewer system and it is not in the City. (Inaudible) Hoffman: I find it interesting that the sewer treatment plant is relatively close to the site due west and I don't know what the future holds but it is going a long way to get there apparently. (Inaudible) Morrow: Mr. Mayor, (Inaudible) City Engineer Smith and Mr. Hoffman to work out the details (inaudible) for this proposal. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that this be tabled to October 1 meeting for further study by staff and the details of the sewer problems, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: DEDICATION OF STREET RIGHT OF WAY -NORTH HICKORY AVENUE TO ADA COUNTY HIGHWAY DISTRICT: Corrie: Council, any questions or is there anyone here (inaudible). We have a letter from ACHD and a right of way deed. Rountree: Maybe Shari or Gary could give us a little update on this. Smith: Thank you Councilman, Mayor and Council this is a little piece of property that the City of Meridian owns that was dedicated to them as part of Well No. 16 site. This dedication was to provide us access from the end of the existing public right of way in the Treasure Valley Business Center No. 1. It is approximately 30 feet wide and it is 60 feet • Meridian City Council September 17, 1996 Page 43 north and south. The property to the south which surrounds Well site No. 16 is now being developed by the developers of phase 2 of the industrial park and it is called Gemtone Center No. 2. Hickory Avenue as it is extended will cover or be above over the top of this 30 by 60 piece that the City owns from a previous dedication of the property owner. So we need to dedicate this to the Highway District so that Hickory can be extended as a full width public street. Bentley: Mr. Mayor, you said this is on the Well site No. 16, we still have access? Smith: Yes, we will still have access. As this site is developed Gemtone Center No. 2 Hickory will be extended and we will still have access off of Hickory. I guess that would be though you raise a very good question, that would be or maybe that should be a condition of our dedication that it does become and that the dedication of this parcel of ground is subject to it becoming a public right of way, I don't know if that is appropriate. But somehow we need to be sure we don't saw the limb off behind us here. We would have access from two different directions if Gemtone Center No. 2 is recorded, if they proceed and record the subdivision. Right now we have access from Hickory Avenue. Cowie: You can dedicate it but you want to make sure you have it as a public right of way. Any further discussion from Council? I will entertain a motion for the dedication. Morrow: Mr. Mayor, I would move that the Council approve the right of way deed to be executed for the dedication of the subject right of way to ACRD on the condition that right of way become public right of way to guarantee us access to our well site. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley on the dedication to ACHD the street right of way deed subject to the provisions of the motion. Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow: I have a follow up (inaudible) I noticed on the right of way deed the way that has been drawn it is to be signed by Council President and attested by City Clerk my question is why is it done that way the (inaudible) Mayor to sign and the Clerk to attest. I don't have a problem with I guess the Council President signing (inaudible) Smith: I don't think there is a problem with just striking through that and making the Mayor as a signatory to it based on the Council's actions. • • Meridian City Council September 17, 1996 Page 44 Morrow: Okay then, my motion would be that we authorize the Mayor to sign and the Clerk to attest the right of way deed. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to have the Mayor to sign and the City Clerk to attest, any further discussion? All those in favor? Opposed? ITEM #16: DON HOWELL: CHERRY LANE #1 AND #2 ENTRANCE LID PROPOSAL: Corrie: Don? Howell: Mayor and Council we propose to establish and LID to establish basically a new fence line on the south property line for Cherry Lane Village No. 1. Corrie: These are petitions, all the same just different signatures. Howell: Those are just, yes the same petition, those are the ones that have the signatures on it. I have others if you would like (inaudible)There would be 25 property owners participating in the LID. Corrie: I have a question Don, once it is in and is each property owner required to stain it or keep it stained is that correct. Is there a perpetual money here that will (inaudible). Howell: There is nothing set fprth perpetual, the situation we have out there, I am sure you are all aware of it. The subdivision established before there were restrictive covenants therefore there are a lot of things that would fall into the lot of the developer because it was established so tong ago falls to the property owners. So it would remain to the property owners hopefully and traditionally in the past the interior homeowners association which is now defunct participated in supporting and helping to maintain some of that somewhat. We hoped by our taking initiative to establish this LID that we can resurrect Cherry Lane Village No. 1 and 2 homeowners association possibly with the option of making it mandatory. And then hopefully establish the basis for support for the perpetual maintenance of the fence line and the south outside areas and the entrances. Rountree: Does the boundary that you have established include all of the lots on Cherry Lane? Howell: No it does not, it purposely excludes two lots, there is one lot that is on the east end, that is the Pollards and they have already planted grass and put a sprinkler system in, they are exemplary as far as taking care of their own properties and doing things. So • Meridian City Council September 17, 1996 Page 45 there is no use in doing anything there. The other lot that is excluded is the Brown's and they are about not quite in the middle of the subdivision, they are adjacent to the concrete culverts and so forth that were established, the head gates right in the middle. During the course of the construction their fence was torn down and since then they have already built their fence. So they would be excluded. Rountree: And that fence would be an example of what you are proposing to do. Howell: With the exception of the stain, possibly, their's is one by four. What we would like to do is to have something in appearance that looks similar to the fence across the street to the south of us. With the exception of with the perpetual problem we have had with the fence posts (inaudible) it to have metal fence posts set in concrete. We think it would be less maintenance and hold up better. It would still appear the same from Cherry Lane. Rountree: All all of the homeowners in agreement? Howell: The biggest majority, we have one homeowner who is dissenting I think it would be safe to say and there are others who's signatures I do not have. The property is rental property and most of those are in agreement at least in principle, but I haven't been able to procure their signatures because they are not locally available. And then the other one that refrained from signing is because they are close to selling their property and their realtor advised them that it would, but their realtor is aware of it and they are presenting to the potential buyers. But we do have at hand exceeding the 60% required to establish the LID as I understand the minimum it takes to establish it. Cowie: I haven't done the math here Don but the $17.50 per linear foot of fence would that (inaudible) still cover the rock and the fabric and all of that. Howell: We believe so, we think that is a liberal estimate. We did some calculations, it was our original understanding that the LID was initiated and administrated by the homeowners association. Since then we have come to understand that it is through the City. So we have done some extensive, getting some bids and some estimates and we feel this is a realistic amount that we could live with. If it, no one wanted to just sign a blank check er say but (inaudible) a workable (inaudible). Cowie: Any questions from Council? Rountree: Would you, you are proposing to move the fence closer to Cherry Lane? Howell: Yes we are willing to move the fence line to the south to the maximum amount allowed by the Nampa Meridian Irrigation District. We have been in negotiations and Meridian City Council September 17, 1996 Page 46 made a presentation to them. Their original conditions we didn't find satisfactory. We made a proposal and tried to arrange for modification of what their standards are and we were unsuccessful in doing so. We are going to go ahead and adhere to their standards which is basically 2 foot north of the furthest north concrete clean out. Very early along in the development of this as we were all being approached about negotiations about selling our properties and Ada County coming through there, we were led to believe that we could move our fences within 3 foot of that sidewalk. So we were quite disappointed to lose 27 feet of our property that we had been led to believe that we would have. Corrie: If you put that fence five feet back that would still be, that would be over their easement. (Inaudible) Howell: That was also one of our concerns. Corrie: They are not the easiest to work with I understand. Any further questions? Morrow: Mr. Mayor, I guess my question would be an explanation from Counselor what the procedure would be from this point out or this point on. Crookston: I haven't seen the document other than the copy, do you have the 60% signatures? (Inaudible) Crookston: And we have that document? Berg: I have 15 of 25 lots. (Inaudible) Howell: (Inaudible} Crookston: We would need to verify that the people who have signed are an owner of that lot and then it is up to the Council whether they want to enact an LID. You don't have to act tonight because tonight you wouldn't have 60%, I think that it would be wise to set a date when you have to have 6Q%. tt doesn't sound like it is going to be any problem I don't think however you need to set it back as far as or as early as the next City Council meeting. When the Council approves of the LID it is the City who contacts or let's any contracts for the building of the fence in advertising for submittal of those bids you need to set forth what type of fence you want built, the proposal is stated in the petition, the Council wants to go with that, that is fine. That is how it has been proposed. Once the LID Meridian City Council September 17, 1996 Page 47 is set up you would go ahead and submit, have an advertisement for bids advertised and once you get the bids you submit it to the low developer or low contractor just as any other bid. The contract is entered into between the LID which is a body if you will of the City. You need to have a body set up that administers the assessments. There is a question as to whether or not as I read the document as to whether or not it is going to be annual or monthly. It is my understanding that some of the people out there desire to have it be monthly. Is that correct Don? That however is a decision that must be made by the Council. Once the LID is set up the City would administer it. A fee must be established by the City as to the amount of money for doing the LID, those types of things. The first thing is to determine the people and that there are the correct number of people who have signed to make the 60%. A City does have the authority to create an LID without a petition but that is totally up the Council. Rountree: Mr. Mayor, question as to process, is it just a matter of approval or denial by the Council. If approved it is not subject to public hearing, is the approval an ordinance, is the approval a resolution, is the approval, what kind of document? Crookston: I am trying to think back to when we created the Downtown LID, I didn't recall that we had an ordinance but it has been some time ago. Rountree: Just an LID and approval. Crookston: There either must be an ordinance or a resolution passed. Morrow: I think that there is an LID ordinance. Crookston: I think there is. Morrow: I think that where we go from tonight is (inaudible) to verify ownership and signature count that can occur over the next couple of weeks and then we deal with the next step at our October 1st meeting. Rountree: Which would be action on the LID and development of the specifics? Crookston: At the October 1 meeting I think that it just needs to be decided as to whether or not they have met the 60% requirement then you can instruct me to draft any necessary ordinances. I have just to inform the Council, I have dealt with Mr. Howell and the committee, I don't represent them but I need to inform you that I have dealt with them because I live in Cherry Lane Village No. 2. I think it is in the best interest of the Subdivisions to have this fence, my opinion it would be much nicer to have a nicer fence but if that is what the people, how they want to spend the money and they are willing to • • Meridian City Council September 17, 1996 Page 49 Corrie: I would think it would be the City Clerk but (Inaudible) ITEM #17: DEPARTMENT REPORTS: Corrie: Chief? Gordon: Nothing Mr. Mayor. Corrie: Shari? Stiles: Mr. Mayor and Council at the last meeting Salmon Rapids No. 2 requested an extension, they had previously been given an extension so they were denied their request. However when they got their previous extension they had asked for a six month extension and they were only given six months from the date of the City Council meeting which was two months earlier, they made their request 2 months before their time was up. I think in all fairness if you could grant them the six month extension to January 18, 1997 to record that plat. The minutes did reflect that November 16 that was when the extension was to but that was only a four month extension. Morrow: (Inaudible) Stiles: Salmon Rapids No. 2 Rountree: And their request was for 6 months. Stiles: Yes Rountree: So moved Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to extend it to January 18, 1997 rather than November 16, 1996, all those in favor? Opposed? MOTION CARRIED: All Yea Stiles: Thank you, the next item was something that came up today, a gentleman in a wheelchair asked to speak to me. Apparently he had been waiting outside the front doors for about 5 minutes. He said normally he doesn't have any problem because someone will f~ Meridian City Council September 17, 1996 Page 50 come along and help him get inside. He has limited use of his hands and has an electric wheelchair. He doesn't have any trouble getting out but he has trouble getting in and holding the door open and trying to maneuver his wheelchair at the same time. And asked that the City Council consider putting in an electric door and I know we have had $10,000 in the budget for at least the last couple of years and to my knowledge none of that has been used I wondered if we could use that for one of the doors. I believe Will has looked at some of those costs a long time ago. Even if the City moved out of the City Hall and sold it to anyone else it would still serve to meet their requirements for handicapped accessibility. Morrow: I guess my question there would be is really why haven't we done it. Typically in a governmental building on a four bay deal you will see one bay that has the push button for the automatic open. Have we had the money budgeted in the past for that to happen? Corrie: I don't recall. Stiles: I believe there is a $10,000 item that is just for handicapped accessibility improvements. I had requested that it be carried over but I couldn't tell you for sure if that was in or not. Berg: Well I did talk to you about that price tag this year at one of the work shops, I had gotten some ball park figures for what it would take to do one automatic door, push button. But then if he doesn't have use of hands he couldn't use the push button. Stiles: That is what he would like to do. Berg: Push button? Stiles: He could push something. Berg: But I did (inaudible) pushed away. Corrie: Maybe we can pull it back. Berg: We can't Morrow: We can't for Fiscal 96 or Fiscal 97? Berg: We can't for 97 I wilt look for ~. I may be able to at least order the parts and have them here. • Meridian City Council September 17, 1996 Page 51 Morrow: Well I think the simple fact that you order constitutes (inaudible) can be charged against the appropriation for 96. Berg: That is your opinion yes, I am not sure that the auditor agrees totally with that. Seriously because it is completion a lot of the times is what she is concerned with. Morrow: We made that that transfer because of the golf course issues even though we don't have very many bills coming due until after the 10th of the month in October we had to take it in ~ (inaudible) but there was a majority completed. (Inaudible) Berg: Well they bill for what they get done. Morrow: But in the case that I was talking to Joe about (inaudible) she indicated that because the work that they were billing for was done in 96 that it would be charged off against 96. Berg: That is correct, most of our bills that we get that are payable October 15 are from 96 fiscal years. Morrow: So the question is in terms of this if you can buy the parts and pieces prior to October 1. Berg: That is what my thing is, at least I can get the materials (inaudible). Crookston: I believe what counts is if you have a contract, it doesn't have to be a written contract, if you have a verbal agreement it is a contract, the contract is entered into the fiscal year, let's say the 96 fiscal year, it is going to apply to (inaudible) Corrie: If we have that then we will do it that way and you make it legal then counselor. Crookston: I have noway to make it legal you guys need to either or you need to authorize Witl to enter into a contract. Morrow: I move that we authorize the City Clerk to research the issue about handicapped accessibility by virtue of push button at the front doer and enter into a contract to provide services for that if the funds are available. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, any further discussion? All those in favor? Opposed? Meridian City Council September 17, 1996 Page 52 MOTION CARRIED: All Yea Corrie: Mr. Smith? Smith: Mr. Mayor and Council I have a couple of issues. The first one is a professional services agreement for contract documents to purchase an emergency generator for the waste water treatment plant through the Civil Survey Consultants Inc, engineering group in Meridian. The amount for that agreement is not to exceed $10,436 without prior approval of the owner for the design services portion. They are estimating a fee of approximately $3059 for construction services. This would be .documents for bidding and purchasing of an emergency generator for the waste water treatment plant to replace the existing one which is too small in size. A transfer of the existing generator out there to well site No. 14 to provide power generation at that well and booster pump station. Civil Survey Consultants has done work for us in the past and they have done an excellent job. Morrow: Mr. Mayor, I would move that we authorize the contract with Civil Survey Consultants to provide design services for the emergency generator in the amount of $10,436 with the corresponding fee of $3059 for total contract price of $13,495. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, for the Civil Survey Consultant, any further comments or discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mayor and Council, the second item that I have concerns a quote to rough grade Tully Park from Cloverdale Nursery. The staking has been done today, finished, and these folks are scheduled to move in tomorrow with your approval. They are estimating ten days of ten hour days for the scraper. Eight days at 10 hours a day for a (inaudible) which I think is a crawler tractor. And dust control if needed for the adjacent subdivisions. They are estimating removing some material which may or may not be needed and a loader to load the end dump to remove the material. Their total bid is $20,500 of which $2500 is bid for dust control, $2000 is bid for hauling off excess material. So those two $4500 approximately may not be needed but it is part of this bid. Tully: The excess material they are hauling, is that those logs of lumber and fencing that is down there around the bottom? Smith: I don't know. • Meridian City Council September 17, 1996 Page 53 Tolsma: (Inaudible) Smith: Well they have ten loads figured here. Tolsma: (Inaudible) Smith: I will check with Brad, Brad my assistant has been in contact with Cloverdale, I really don't know what they have in mind there. Tolsma: (Inaudible) Smith: We definitely need to get rid of that (inaudible) I will check with Brad in the morning and (inaudible) Tolsma: (Inaudible) and put the gravel fill on top of that and (inaudible) Smith: Does anybody have any questions on this or concerns? Rountree: I guess the only concern was to make sure they graded it properly in terms of not putting all of the waste material on one site where you can (inaudible). Morrow: Mr. Mayor, I move that we authorize the entering into the. contract with Cloverdale (End of Tape) Mr. Mayor I would move that we authorize the City to enter into a contract with Cloverdale Nursery for the grading of Tully Park not to exceed $20,500. Rountree: Second Corrie: Motion made by Mr. Morrow,. second by Mr. Rountree, any further discussion, all those in favor of the motion as stated? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Crookston? Crookston: Mr. Gordon, have you heard any news? Gordon: No sir I have not. Corrie: Mr. Morrow? Morrow: A couple of items, one is we need to as part of our issues with respect to the golf Meridian City Council September 17, 1996 Page 54 course donations of the property from Boise Research Center, David Turnbull, we need to send them letters acknowledging their donation which also will work in terms of getting them their necessary tax credits. I have Joann Butler a partial body that apparently meets those needs. I would like to have the Council instruct the City Attorney to create the letters embodying the language here that serves that need and then we sign the letters (inaudible) Mr. Turnbull. Do you have copies of this? Crookston: I do and I have questions on the letter, I don't have questions on the documents I have a question on the letter and why they are asking for this. Morrow: Why would they be asking for that? Well we would have to acknowledge the donation of the gift to him so that he can utilize that donation as a tax off set or tax deduction or whatever format they need. He has to have something from the City that acknowledges the donation. Crookston: Well, there is just some knowledge in there that I don't know that is correct because it talks about them basically deeding it to the City without any request or involvement of the city when in my memory Turnbull was involved in desiring the Golf Course so that, I don't know the exact reasons, but I assume he wanted the golf course there so that the value of his lots would improve. The letters indicate that he just gave it to them because he wanted to give it to them. Morrow: I think in the beginning Wayne his desire (inaudible) and not have that. The issue with the second nine holes of the golf course (inaudible) City stuck to from the original agreements back in the late 70's. So when the subsequent land owners (inaudible) zoned and annexed to the City to develop the dirt it was with the condition that those lands would become part of the golf course. Crookston: I just raise it as a question. Rountree: Does his motive have any bearing on the gift and could the letter be moot on that subject just recognizing the gift, not the reason why. Crookston: It is not my decision I am just raising the question. Didn't I give you a memorandum on that Bob? Corrie: Yes, and you asked me abut if I would discuss this with Grant Kingsford. They did have conversations in reference to the golf course and it was to be a gift to the City. However I guess we need, however you want to word it but I think it as Mr. Morrow said it is for tax purposes. How you word it is up to the Council. They did, there was a discussion between Turnbull and then Mayor Kingsford as far as the Golf Course being Meridian City Council September 17, 1996 Page 55 on that property. But I think what he is asking for here is for tax purposes. That is what they have asked me and in fact I believe they even mention it here in Council that they would like to have a letter to that effect. Morrow: I think that was part of the conversation and in Council chambers we are dealing here with the deed of gift (inaudible). What they have seat us is the verbiage that they need to have incorporated within the acknowledgement letter if I have understood that correctly. Rountree: The only thing this letter says is that the donation was not a requirement of the City. (Inaudible) Corrie: It was a requirement of the City (inaudible) then or now does that make the timing. Morrow: Well the original commitment on their part was 2 or 3 years ago, but the conversations went on between Mayor Kingsford and Mr. Turnbull. Corrie: I guess my question would be, would we be able to say that statement in there? Morrow: Let me take these to Mayor Kingsford and have him review those and. see if those are an acceptable format with him because I was not part of that conversation. Corrie: I gave it to him and it was acceptable to him, I showed it to him today or yesterday and he had no problem with it. I guess my only question is with what Charlie said is the Counselor is a time element here of any significance of when it was said and when it was gifted to us. I think we can send them a letter and say that they did donate it and that was fine. I have no problem with that because that is what we said we would do. I think that is what we have to do, just verbiage I think is necessarily needs to be correct. Maybe it doesn't make that much difference. Morrow: Let me ask Grant about that timing and that verbiage because I don't know, now that the question has been asked (inaudible). The last item would be for the strategic planning meeting on the 24th. Tentative agenda would be comments from Bob Hailey, presentation from the fellow from the State of Idaho Admin in terms of building. Late comers structure that we were asked to deal with last time. The ethics in government issues that we have been dealing with boards, commissions and committees, the Council President issues that we will have a trial run at an ordinance. CIP presentation by Shari and further discussions on the Aschenbrenner contract for the property at the park: Any other items that I have over looked? Meridian City Council September 17, 1996 Page 56 Corrie: I may want to add one or two items to that I don't know. Bentley: I have one to add, Will needs to learn to bake, either that or he gets somebody that knows how to bake. Corrie: Mr. Bentley? Bentley: I have one thing for Shari, you and Dean, we thank you over there for getting the Smith's property mowed. Make sure you thank Dean for me. Morrow: Is that the Smiths Food King site? Can I ask a question (inaudible) potential start date for those folk, they have not started on any of their sites in Boise nor ours here, so what do we hear? Bentley: I know part of the problem is either the President or Vice President was terminated that handles the stores. The new President or Vice President did nbt like his design and so he threw out all of the design packages that this guy has done. And said we will not build any more stores that look like that. Now the design I am told is interior only so now they are remapping how they are going to have their inside of their stores arranged. So I don't know if that is whole hold up. (Inaudible) Tolsma: (Inaudible) Stiles: I didn't know anything about that, I do know that they submitted their building permit application and then when the old president got fired they just yanked them all and they are starting over. Corrie: They hired ex-Albertsons people. Stiles: The ex-Albertson employee is now their President and he is redoing their plans. (Inaudible) Corrie: Mr. Rountree? Rountree: Nothing Corrie: Mr. Tolsma? Meridian City Council September 17, 1996 Page 57 Tolsma: Nothing Corrie: I guess I have a couple three. Two committees that need the commission confirmed, the first one is the Parks and Recreation Commission. Bentley: Mr. Mayor, I move that we approve the members that are listed for the Parks and Recreation Commission. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we approve the Parks and Recreation Commission as appointed, any further discussion? Morrow: Mr. Mayor, I believe that we ought to be approving members on an individual basis as opposed to a blanket approval. Corrie: On the motion was that for the blanket? Bentley: Yes it was. Corrie: Second was that your understanding? Rountree: Yes Corrie: Any further discussion? Rountree: I guess to Walt's question I have to think about it to even ask you a question, the process just name the representation and member and vote each one is that what you are suggesting? Morrow: I think so because the issue is each are appointed individually each is going to have different terms. The requirements seem to indicate and historically has been that we appoint individual members and then vote to confirm each. The State statutes talk about in terms of appointments confirmation by a vote of 1/2 plus one of the size of the City Council. It would appear to me that it is-more prudent to do individual confirmations. Rountree: I don't have any heartburn about, it just takes nine or ten votes. If there is just one individual here that somebody has heartburn with we don't deny the whole process over one. The other point I wanted to bring up in discussion Bob and you and just chatted about it briefly and maybe not here, I don't have any particular problems with any of these individuals. I would like to see the City make an effort to get a list of volunteer banks set Meridian City Council September 17, 1996 Page 58 up to where we can go to them and select folks for these kinds of committees and get some representation across the City. That is one thing I heard quite a bit when I was campaigning particular in the other side of the freeway. A lot of those people don't even understand we are a City. There seem to be a lot of good people over there with a lot of good .ideas. So just a point not here but I would suggest that you do that and what pointed out to me was that though the mandatory membership of this committee shows some diversity through the City, the general membership essentially are folks that live in the same neighborhood probably a mile apart. Morrow: (Inaudible) one of the issues that we will be addressing in terms of future Councils and dividing the City into districts and having Councilman elected from each district so that you have representation throughout the City and certainly makes that same sense in terms of committees to have representation from throughout the City as opposed the majority of folk coming from one geographic area. The City of Boise has a terrible problem with their Council people because they have 4 or 5 of the six council members (inaudible). generally one neighborhood area. Tolsma: (Inaudible) Ada County Highway District. Rountree: Mr. Mayor I would move to question. Corrie: Motion is made to accept the appointments of the Mayor as stated, all those in favor? Opposed? MOTION CARRIED: 3 Yea, 1 Nay Corrie: Charlie you have a copy of this? Rountree: I have all of that and then some, I would ask Will to do some leg work on some other City stuff and (inaudible) Corrie: The second one is the City Tree Board, Frank Thomason has expressed a desire that he would like to be taken off that committee and I accepted his request. So we are down to eight on that committee without Frank's name there would Brian Jorgenson, Rick Heller, Scott Gull, Kim Reeves, Kim Pinkston, Jack McGee, Paul Calvery and Lynn Steadman. Berg: I think Rick Heller indicated that he didn't really necessary want to be on the board but also as in the capacity of Dennis Summer in the Parks and Recreation board. Morrow: I have to ask the questions here with respect to this proposed board. I guess the • Meridian City Council September 17, 1996 Page 59 first question is, is this a permanent board? Cowie: How does that read, I don't think it is permanent, it is a committee board. Council approves the formation (inaudible) requirement that it is a board. Committees composed of 8 volunteer members serving a term of two to three years. So I think what we should do is split this in threes (inaudible) they would serve staggered terms and then you could appoint the members to the board as the time comes. Morrow: I think what needs to happen here is that it takes an ordinance to create a board and essentially the procedure ought to be the same procedure that we went through the Parks and Recreation Commission is basically mandated by State statute and that is we design the board, we enumerate the numbers of folk that are on it. We talk about terms and term rotation, term limits and those types of things and. we set out an objective for what the board is or commission or Committee that as opposed to be accomplishing, we set the parameters there and then by basis of the creation of that ordinance encompassing all of those issues then at that point in time as by statute we have the Mayor submit the names of the folk for those necessary seats that has been designed (inaudible) and none of that has been done with respect to this board or this proposed board. Rountree: I have to agree with Walt particularly after reading this preamble to this I see other tasks that they have identified for themselves one of which is particularly onerous to me and that is the licensing and certification of commercial tree care service. I don't think that they have any business doing that when they establish their own charter. So I think it is advisable that we put together an ordinance that establishes minimum parameters, the make up of the board. I think the individuals that have been named are all qualified folks and I don't have any problem with any of their backgrounds or any of them in terms of being board members. But I think we ought to have, we ought to establish what that board is all about before we appoint them officially by action of the Council. Morrow: Let me quote directly from 50-210 in terms of boards and commissions, it says responsibilities, duties and authorities granted permanent boards or commissions shall be enumerated by ordinance. All appointments to boards, commissions or committees shall be made by the Mayor with the advice and approval of the Council. Members of boards, commissions and committees may in a like manner be removed. Cowie: Charlie, would you be willing to do, to work on that ordinance then with the City Attorney. I noticed here also and you are actually correct they have Tree City standards, ordinance to develop and administrate comprehensive community tree management program for the care of trees and property. So you need to kind of determine (inaudible). And then get that back to us so we can review it and (inaudible • Meridian City Council September 17, 1996 Page 60 Morrow: That could be a topic of discussion at our strategic planning meeting this coming a week from tonight. At that time frame all of us could review and put in ideas as to what we want to see in a prototype or such as we have done with the other ordinances we have created. Rountree: And then we go from there. Corrie: Yes. Bentley: Mr. Mayor, I do have one thing I wanted to bring up, Chief, do you want to say anything about the meeting we attended the other day? We got invited to HP, you all remember the Polly Clauss incident down in California. HP was a little disturbed that something like this happened and them and a consultant are putting together a program for police departments that they can Internet on for making wanted posters and lost child posters and stuff. They are putting a program together a computer system together that interlinked we can take and press a button and have it blast out all to the police jurisdictions all through the valley and all over. The system looks really good, the Chief could tell you better than I could the man hours that we can (inaudible) saving. They are trying to get donations put together to possibly get us these units for no cost: It is something that the Chief had been discussing getting and so it could be a pretty worthwhile deal for our police department. Morrow: How can we help pursue that? Bentley: We are just waiting for a phone call from one of my neighbors who is the chairman for the 15 police departments throughout southern Idaho. As soon as he does we will put the letter together saying it would be a benefit to us and that is all they need. Rountree: I would suggest with (inaudible) that we have that letter prepared now. So when we get the word it is sent. Gordon: They requested the letter from me but i think that would be a better idea from you folks. Bentley: Your name needs to be on it though, you put it on your stationary and we can all sign off. Gordon: It is approximately $8700 worth of computer equipment, the latest scanners and color printers. Bentley: You take a color picture and put it on there and it comes out like your picture on Meridian City Council September 17, 1996 Page 61 the flyers. They said, they showed one incident where they had a guy going around and robbing banks and they through the computer and they had the guy picked up within two hours. It is just phenomenal. (Inaudible) Corrie: Are there any further things to come before the Council? If not I will entertain a motion to adjourn. Rountree: So moved Morrow: Second Corrie: Moved and seconded to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: R ROBERT D. CORRIE ATTEST: ``\\\\Itsitllllflf/f~~~' \~ ~'~ ~i ~~ r ~ ~i ~ ~~ WILLIAM G. BERG, JR., C LERK_ $~~L ~ ~ R~' f ~j/~/~~~f N I i 18 1111111\\\\\``tti • MERIDIAN CITY COUNCIL AGENDA. C_~ TUESDAY, SEPTEMBER 17, 1996 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 3, 1996: ~pr~`e. MINUTES OF SPECIAL MEETING HELD SEPTEMBER 5, 1996: gpprad~ 2 3. 4 5 6. 7 8 9. 10 11 TABLED SEPTEMBER 3, 1996: FINAL PLAT: CHAMBERLAIN ESTATES NO.2 SUBDIVISION BY KEVIN HOWELL: a~op~v~ TABLED SEPTEMBER 3, 1996: AMENDED ORDINANCE ~~-GENERAL LICENSE CONDITIONS: ~pp~v~ X74¢ RAVEN HILL SUBDIVISION: ~P~y-ov~ TABLED SEPTEMBER 3, 1996: NON-DEVELOPMENT AGREEMENT FOR TABLED SEPTEMBER 3, 1996: REQUEST FOR A TEMPORARY CONSTRUCTION TRAILER IN MORNING GLORY SUBDIVISION BY PRESCOTT HOMES: ~~~ ~i7 ~f, lf~ wi/~ ~ e dro//r~ed ~l~Pre %J n a7~~ p~~~-~nf~~ FINAL PLAT FOR BEDFORD PLACE SUBDIVISIO NO. 3 BY BRIGHTON CORPORATION: 7~Zc,62e~un~i1 G9e~ /l~~f~c. ~-e~u.ef~ FINAL PLAT FOR THE LAKE AT CHERRY LANE NO. 5 SUBDIVISION BY STEINER DEVELOPMENT: ~~/,rn~~ 6v/~i(, ~o7t.diz~itrns FINAL PLAT FOR CROSSROADS SUBDIVISION NO.4 BY CAPITAL DEVELOPMENT: a~pra~e cvi~/~, G>vrtdi-~-irrrz.s~ PUBLIC NEARING: REQUEST FOR A VARIANCE FOR HI-MICRO TOOL COMPANY BY NEWBERRY ENTERPRISES: C~9n fah cce ,~/f~ ,~ Jc t`, / ~% PUBLIC HEARING: REQUEST FOR A VACATION OF EASEMENT BY RICHARD VALLA: GZ~o~fov.~ ~~~ ~f~~e~ ~o ~-~.e/~~e ~,s~ a'a-~n a~ cep PUBLIC HEAR !G: REQU ST FOR A REZONE FROM R-4 TO L-0 BY KELLE WATKINS AND DOUG STEWART: Q,p/Jrv4<~ ,~'j~' ~dC a~j~/~ove Gr„eu .~, ~ a~~a_<~~e C, ~ ~ ~Z~~ ~ /~-~.eo.~.e PUBLIC HEARING: SEWER AND WATER CONNECTION FEES AND USE FEES: r~/--GCi~tah Cc ~" 74 2 r a~~vi-ove. Or4ih ante- ~' 74-3 - ~~p~a ve.- • 12. REQUEST FOR ONE YEAR TIME EXTENSION FOR FINAL PLAT OF 1NATERBURY PARK SUBDIVISION NO. 5 BY~PITAL DEVELOPMENT: ~,or~~'~ ~,.e ~ jcc2 ~ f~ ~ ~~.- ~-~ Ire-c.~wt--(~ -G~u~- 13. KARL & CAROL MOXLEY -CONCERNS WITH CHAMBERLAIN ESTATES SUBDIVISION: G~i~~~{~~e~, ~or~ka~cc aL~~x~ reJe~~c6~, 14. MERIDIAN PRESBYTERIAN CHURCH: REQUEST HOOK UP TO CITY WATER AND SEWER: ~a5/Q Gvrvhl Opt. ~'li /2~~-,. 15. DEDICATION OF STREET RIGHT-OF-WAY -NORTH HICKORY AVENUE TO ADA COUNTY HIGHWAY DISTRICT: ~f~~~ov-e G~~~~-rccz~i~~~Cs' 16. DON HOWELL: CHERRY LANE #1 AND #2 ENTRANCE LID PROPOSAL: 17. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. ENGINEERING AGREEMENT -EMERGENCY GENERATOR: B. MAYOR CORRIE: 1. PARKS & RECREATION COMMISSION APPOINTEMENTS: 2. TREE BOARD APPOINTMENTS: CITY OF MERIDIAN PUBLIC MEETING SIGN-UP SHEET • CITY OF MERIDIA PUB~'IC MEETING SIGN-SHEET NAME PHONE NUMBER ORDINANCE NO. 744 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 3-101, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE- ENACTING SAID SECTION 3-101, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that. it is in the best interest of the City to repeal and readopt Ordinance 3-101, GENERAL LICENSE CONDITIONS contained in Title 3, Chapter 1 of the Revised and Compiled Ordinances of the City of Meridian .with appropriate changes to the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO; SECTION 1: That Section 3-101 is hereby repealed. SECTION 2: That Section 3-101 of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted to read as follows: "3-101: GENERAL LICENSES: (a) No person, firm, company or corporation shall engage in, prosecute or carry on, any trade; business, profession, or activity, within the limits of the City of Meridian, for which a license may be required by this Chapter, or by any Ordinance of the. City, until he, she, or it, shall have obtained the license required for that trade, business, profession, or activity, all hereafter referred to as "Activity". (b) Every person, firm, company or corporation required by this Chapter, or any Ordinances of the City, to obtain a license to engage in any trade, business, profession, or activity, for which a license is required, shall pay to the City Treasurer the sum, or sums, required to be paid for a license.. With GENERAL LICENSE ORDINANCE PAGE 1 the receipt of the City Treasurer, which receipt shall set forth the kind of activity for which a license is desired, the Applicant shall apply to the City Clerk for the license desired. The City Clerk may issue a license to the party or parties applying upon compliance, by the Applicant, with the provisions relating to obtaining a license for the business, trade, profession, or activity, for which such license is desired. (c) Every license to be taken out under and by virtue of this Chapter, or other City Ordinance,. shall contain and set forth the purpose, trade, business, profession, or activity for which such license is granted, and the name and address of the person, persons, or entity requesting the same. Said license shall authorize the continuance of the. activity named therein for the term of such license, but shall not authorize the carrying on of said activity in any other location. If the entity to which, or to whom, a license has been issued changes its name or address, the activity shall inform the City Clerk of such and request that a new license be issued. Until the new license is issued, the existing license shall be void. (d) In every case where more than one activity, for which a license is required, is carried on in the same place by the same person or entity, the person or entity performing the activity must obtain a license for each activity and pay the license fee for each activity. (e) All licenses issued as quarterly licenses- shall expire the last day of each quarter; viz., first day of March, first day of June, first day of September, first day of December.. All quarterly licenses shall be dated and paid from the first day of the quarter and shall extend only to the last day of the quarter. (f) All licenses required by this chapter shall be paid in advance and prior to issuance. (g) If any person, persons, or entity, shall exercise or carry on any activity, or do any act exercising,, carrying on, or performing the activity for which a license is required by this. chapter, or any Ordinance of the City, without obtaining .the GENERAL LICENSE ORDINANCE PAGE 2 license required, or violate any of the provisions of this chapter, or any other Ordinance requiring a license, shall be subject to, on conviction thereof, for every such offense, imprisonment for a term not to exceed thirty (30) days, or to a fine not to exceed Three Hundred Dollars ($300.00), or to both such imprisonment and fine. (h) In order to determine an Applicant's suitability for a license as a: 1. City Alcohol License and Permits 2. Peddlers and Solicitors 3. Itinerant Merchants 4. Precious Metals Dealers 5. Pawn Brokers 6. Escort Business Operators and Employees 7. Private Security Service Operators and Employees 8. All new City employees 9. .Obscenity Activists who are subject to Licensing 10. Massage Parlor Employees, owners and operators 11. P.A.L. Coaches and Volunteers 12. Citizens on Patrol Volunteers 13. Police Reserves the City of Meridian shall require the Applicant to, and the Applicant shall, furnish to the Meridian Police Department a full set of fingerprints. The Police Department shall perform, or have the Idaho Department of Law Enforcement or the Federal Bureau of Investigation perform, a criminal background investigation. The Police Department shall, obtain the written consent of the Applicant for the criminal background investigation and if the Applicant does not execute the consent,' the application shall be denied. The Meridian Police Department shall submit the completed fingerprint card to the Idaho Department of Law Enforcement, The Idaho Department of Law Enforcement is authorized to submit the fingerprints to the FBI for a national criminal history record check. The Applicant shall pay for the costs of the City of Meridian for all Federal Bureau of Investigation, State of Idaho .Department of Law Enforcement, or any other investigations requested, or performed, by the City of Meridian." GENERAL LICENSE ORDINANCE PAGE 3 r SECTION 3. EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 17th day of September, 1996. CITY OF MERIDIAN ATTEST: G. BERG, JR., RT D. CORRIE, MAYOR ```,`````,~,N H 11111111/~//,I~''+r,'I .``` d~~ ~ 1d .'; r 3~~~r~o = w ~ CLERK _ ~~L y '~ 7~ r ~g~ . P ~////N.Ir111 n11~N\` GENERAL LICENSE ORDINANCE PAGE 4 • • ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 5-119 (B) AND SECTION 5-131, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; RE-ENACTING SAID SECTION 5-119 (B) AND 5-131, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to amend the monthly water user charges and the connection charges. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO; SECTION 1: That Section 5-119 (B) is hereby repealed. SECTION 2: That Section 5-119 (B) of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted to read as follows: "5-119 (B): To obtain municipal water service, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the City and requested by the City. A permit and inspection fee of twenty-five dollars ($25.00) shall be paid to the City at the time the application is filed. The owner or his agent shall pay a connection fee to the City at the time the application is filed. The amount of the connection fee will vary depending on the equivalent residential unit (ERU) rating, or other rating established by the City Council pursuant to a Resolution adopted by the City Council for the user in question. The connection fee shall be seven hundred and four dollars ($704.00) for each ERU. SECTION 3: That Section 5-131 is hereby repealed. WATER CONNECTION AND MONTHLY USE RATES AMENDING ORDINANCE Page - 1 SECTION 4: That Section 5-131 of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted to read as follows: 5-131: MONTHLY RATES: All owners who receive or have the right to receive the benefit of .the City's municipal water system shall, in return for said benefit, pay monthly user charges as described below. The monthly user charge shall be based on the amount of water used and the amount of fire and health protection provided by the municipal water supply system. .The owners of all property within the corporate limits, which property is within three hundred feet (300'') of the municipal water supply system shall pay a minimum monthly user charge. The minimum monthly user charge for all uses shall be based on one equivalent residential unit (ERU) which is a single family residence. All. other water service. connections shall be pro-rated to the number of ERU's assigned to that water user by this Chapter, or as determined by the Board of Appraisers, and will be computed on an individual basis . Any user having more than one classification of use shall be charged for the sum of classifications. The minimum monthly user charge shall be six and forty- eight/100 dollars ($6.48) per ERU. Any owner which has a. total ERU rating less than one shall pay a minimum monthly user charge for one full ERU. Any owner which has an ERU rating greater than one shall pay a minimum monthly user charge that is the product of that user's ERU rating multiplied by six and 48/100 dollars ($6.48). i . e . , A laundry having twelve (12 ) machines would have an equivalent connection rating of: (4.00) + (2 x .25) = 4.50 and a subsequent minimum monthly user charge of: (4.50) x ($6.48) _ $29.16 All money extensions shall be totaled upward to the nearest figure divisible by five cents (.05G). Each owner will pay a monthly user fee based on the quantityl of Each ownerdsha 1 pay S asefull compensation for the Table II WATER CONNECTION AND MONTHLY USE RATES AMENDING ORDINANCE Page - 2 ~ ~ benefits derived for the municipal water supply system, the minimum monthly user fee or the monthly user fee, whichever is greater. Should an owner request a City water service line to be disconnected, for any reason, there shall be paid to the City a disconnection fee as set by the Water Superintendent with approval of the City Council. The owner must request the City to place the line back in service. There will be a charge set by the Water Superintendent with approval of the City Council associated with the reactivation of the existing service line. All monthly water rates will be charged against the property for which the City water service, line is installed. The owner of record is liable for that amount, which must be paid before the water service is resumed. In the event the owner leaves an unclaimed balance in his account, that amount shall be kept for six (6) months after which time it shall revert to the General Fund of the City. The owner of the property serviced shall pay for the monthly user charge and such owner will be billed for such monthly user charge. CHARGES FOR WATER AND INSTALLATIONS: The charges for water shall be as follows: In all cases, the minimum charge shall be six and 48/100 dollars ($6.48) per month. Nonresidents shall be charged the same monthly user charge. In case a water meter fails to correctly register the water used, the owner shall pay for the water on the basis of the average reading of the meter for the previous three (3) months. Water meter installation charges shall be as follows: For all meters installed the charge shall be set by the Board of Appraisers. All installed meters shall be property of the City. Water hookup $704.00 per ERU PRIVATE FIRE SERVICE Available only on the flat rate when used for fire protection only; owner to install all lines to the City mains at their expense. All connections to be supervised by the City and to conform to City requirements and City .Plumbing Codes. Size of Line Charge per month WATER CONNECTION AND MONTHLY USE RATES AMENDING ORDINANCE Page - 3 • ~ inch $ 3.75 2 inch 7.50 3 inch 10.00 4 inch 15.00 6 inch 22.00 8 inch 28.00 10 inch 32.00 All private fire service lines shall be equipped with a sealed gate valve or thermal automatic openings. Private fire service lines shall be used for fire control only. Any other use is unlawful.- THE FOLLOWING DESIGNATED OPERATIONS SHALL REQUIRE THE FOLLOWING NUMBER OF HOOKUPS: TABLE II Equivalent Connection Determinations No. of Equiv alent Classification Connections Apartment (see Multiple living unit) 1 00 Bank, per 3,000 sq. ft. , 00 1 Bar, per 3,000 sq. ft. Barber shop, per chair, (minimum 1.00) . 0.50 Beauty salon, per operation station 50 0 (minimum 1.00) Bowling Alley, per lane, (minimum 1.00) . 0.20 Cafe, per customer seating capacity (minimum to be 2.00 equivalent connections) 2. Car dealer 00 Car wash (to be computed on an individual - basis) -- 2.00 Church Club, private, per 3,000 sq. ft. 1.00 Condominium (see Multiple living unit) 00 1 Dentist, per practitioner Department store, per .3,000 sq. ft. . 1.00' Doctor, per practitioner 1.00 00 1 Drug store, per 3,000 sq. ft. Dry Cleaners, per 3,000 sq. ft. . 1.00 Duplex (see Multiple Living Unit) Fourplex (see Multiple Living Unit) 1 00 Garage, per 3,000 sq. ft. . WATER CONNECTION AND MONTHLY USE RATES AMENDING ORDINANCE Page - 4 Grocery store (see Retail food store) Hospital, per bed Laundries: Self-service up to and including ten (10) washing machines Each washing machine in excess of ten (10) Commercial (to be computed on an individual basis) Lodge or private club, per 3,000 sq. ft. Mobile home court or park, per space Short term tenant type, per space Mobile home, or trailer house on own premises Motel, hotel, rooming house, etc. (cont.) With cooking facilities First unit Each additional unit Motel, hotel, rooming house, etc. (cont.) With cooking facilities First unit Each additional unit Multiple living unit Studio or one bedroom Two (2) bedrooms or more Office building for each 2,500 square feet of gross floor space or fraction thereof Occasional use from standpipe, Fire hydrant, etc. for each 2,000 gallons or fraction thereof (minimum to be 0.50 equivalent connection) Photo development lab Restaurant, per customer seating capacity (minimum to be 2.00 equivalent connections) Retail store for each 3,000 square feet of gross floor space or fraction thereof Service station Gas and rest room service only Full service With car wash (to be computed on an individual basis) Schools, per each 50 students in average daily attendance or fraction 0.15 4.00 0.25 2.00 1.00 0.50 1.00 1.00 0.25 1.00 0.50 0.75 1.00 1.00 0.50 2.00 1.00 2.00 4.00 WATER CONNECTION AND MONTHLY USE RATES AMENDING ORDINANCE Page- 5 • Grocery store (see. Retail food store) 0,15 Hospital, per bed Laundries: Self-service up to and including ten (10) 4,00 washing machines Each washing machine in excess of 0.25 ten (10) Commercial (to be computed on an ---- individual basis) Lodge or private club, per 3,000 2.00 sq. ft. Mobile home court or park, per space 1.00 50 0 Short term tenant type, per space . Mobile home or trailer house on own 1,00 premises Motel, hotel, rooming house, etc. (cont.) With cooking facilities 1.00 First unit Each additional unit 0.25 Motel, hotel, rooming house, etc. (cont.) With cooking facilities 1,00 First unit Each additional unit 0.50 Multiple living unit 0 75 Studio or one bedroom , 1.00 Two (2) bedrooms or more Office building for each 2,500 square feet of gross floor space or fraction 1,00 thereof Occasional use from standpipe, Fire hydrant, etc. for each 2,000 gallons or fraction 0,50 thereof (minimum to be 0.50 equivalent connection) 00 2 Photo development lab Restaurant, per customer seating capacity . (minimum to be 2.00 equivalent connections) Retail store for each 3,000 square feet of gross floor space or 1 00 fraction thereof , Service station Gas and rest room service only 4,00 Full service With car wash (to be computed on an individual basis) ---- Schools, per each 50 students in average daily attendance or fraction 2.00 WATER CONNECTION AND MONTHLY USE RATES AMENDING ORDINANCE Page - 5 thereof 1.00 Single family residence 1.00 Swimming pool Public, per 500 sq. ft. 1.00 Private, for each 500 sq. ft. of pool water -- water surface area 1 00 of fraction thereof . Tavern, per 3,000 sq. ft. (minimum to be 2.00 equivalent connections) 1.00 1.00 Theater Trailer court or park unit 1.00 Long term tenant type, per Short term tenant type, per unit 50 0 (minimum 1.00) . Triplex (see Multiple living unit) 2.00 Railroad depot Variety store, for each 3,000 sq. ft. of gross floor space or fraction 1.00 thereof TABLE III Schedule of Water Use Fees Gallons Consumed Water Use Fee From To 0 4,000 $6.48 4,001 gallons and up $1.23 per 1,000 gallons The United States Environmental Protection P,gency has required the State of Idaho to test drinking water and the State of Idaho through the Department of Health and Welfare, Department of Environmental Quality, has passed the cost of such testing down to local governmental and private water suppliers. The City must pass the cost of such testing to the water users. Therefore each water user shall. be charged a monthly water assessment of $.25 until the Department of Health and Welfare, Department of Environmental Quality a~rends or retracts this testing charge. SECTION 5: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this .WATER CONNECTION AND MONTHLY USE RATES AMENDING ORDINANCE Page - 6 • Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 1~~day of September,, 1996. CITY OF MERIDIAN ATTEST: ```,`~q~.auutNllii,,~~i ~. .~ + .; WI LIAM G. BERG, JR., C Y ERK _ ~~L ~~i 7O ~' ~.gt ' a`' `mow ~,Y ~`. ,a,-~ ~~~ WATER CONNECTION AND MONTHLY USE RATES AMENDING ORDINANCE Page - 7 ORDINANCE NO. / ~~ AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTIONS 7-533 (A), SECTION 7-533 (B), AND SECTION 7-535 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; RE-ENACTING SAID SECTIONS, WITH CHANGES TO SAID SECTIONS BUT NOT RENACTING THE SECOND PARAGRAPH OF 7-735, ALL SAID SECTION BEING INCLUDED IN THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to amend the sewer user charges and sewer connection charges; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Sections 7-533 (A) and 7-533 (B), of the Revised and Compiled Ordinances of the City of Meridian are hereby repealed. SECTION 2: Sections 7-533 (A) and 7-533 (B) of the Revised and Compiled Ordinances of the City of Meridian is hereby re- enacted and shall read as follows: (A) The minimum sewer charge shall be eleven and 73/100 dollars ($11.73) per month, based on a use of four thousand (4,000) gallons per month or less. (B) The charge for use in excess of four thousand (4,000) gallons per month, shall be the minimum amount of eleven and 73/100 dollars ($11.73) per month, plus an additional charge of two dollars sixty cents ($2.60) per one thousand (1,000) gallons of water used or portion thereof above the four thousand (4,000) gallon minimum. SECTION 3: That Section 7-535, of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. ORDINANCE REPEALING AND REENACTING 7-533 (A) AND (B) AND 7-535 Page - 1 • SECTION 4: That Section 7-535 of the Revised and Complied Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: 7-535: SEWER CONNECTION CHARGE: The owner, or his agent, of all properties connecting to the public sewer of the .City under the terms of this Chapter shall pay a sewer connection charge of one thousand five hundred eighty dollars ($1,580.00) for each equivalent connection or fraction thereof as may be assigned to the property by the City. SECTION 2: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 1 ~ - day of September, 1996. ATTEST: WILLIAM G. BERG, JR. CITY OF MERIDIAN RT D. CORRIE - MAYOR `'~~~pN11 u~uNr~~~~''' JA'' ~~~ C~ .* C Y CLE1~C s SLAL = ~' ~. 7 ~~ ~tlr~rt~ ORDINANCE REPEALING AND REENACTING 7-533 (A) AND (B) AND 7-535 Page - 2 ~ ~ MERIDIAN CITY COUNCIL MEETING: September 17 1996 APPLICANT: ITEM NUMBER; 17 REQUEST• DEPARTMENT REPORTS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. y~ ~ CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 96045 THIS AGREEMENT between THE CITY OF MERIDIAN ,hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this day of 1996. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to update the emergency generator system at the Wastewater Treatment Facility and add a emergency generator at Welt No. 14, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENTS requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated September 4, 1996. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated September 4, 1996. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WI~REOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: City of Meridian ADDRESS: City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 BY: TTTLE: . Civil Survey Consultants, Inc. P.O. Box 39 1530 W. State Street Meridian, Id 0 BY: TITLE: Timothy A. Burgess, Vice President WO 1 of 4 09/04/96 Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President • Civil Survey Consultants, Inc. P.O. Box 39 1530 W. State Street Meridian, Idaho 83680 (208)888312 Fax 888-0323 Gary Smith, P.E. City Engineer City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Re: Wastewater Treatment Plant /Well No. 14 -Emergency Generator Upgrade Dear Gary: September 4, 1996 Thank you for considering Civil Survey Consultants to provide professional services required for upgrade of emergency generator at the Wastewater Treatment Plant and Well No. 14. Civil Survey Consultants will act as prime consultant on this project with Taylor Engineers, Inc. as electrical sub- consultant. Based upon our August 21 meeting and August 23 site visit we propose to provide these services based upon the following scope of services: Design Services: 1. Base Maps -CSC will perform field surveys of each project site and prepare a base map for each. The survey and base map at the Well No. 14 Site will include a topographic survey of the well lot for establishing the location of the new generator. The survey will also include a floor plan of the existing building with the location of all existing equipment shown. The survey and base map at the Wastewater Treatment Plant will include a topographic survey of the immediate area around the mechanical building only. The survey will also include a floor plan of the existing mechanical building. Detailed equipment locations will only be provided in the existing chlorine room, electrical room, and generator location. 2. Preliminary Electrical Survey -Taylor Engineers, Inc. will conduct a preliminary electrical site survey and meet with city staff to establish the essential equipment which • must be furnished power by the updated emergency generator. 3. Detailed Electrical Site Survey -Taylor Engineers, Inc. will conduct a detailed electrical site survey to verify existing power. demands, alarm requirements and controls. Civil Survey Consultants will assist during this task, if necessary, to add any additional `'information required to the base maps. .., .. _ .. .... .. .. ._,~n a.t~.. `i~ ~ ~ Smith September 4, 1996 Page 2 of 4 4. Electrical One Line Diagrams -Upon completion of all field surveys Taylor Engineers, Inc. will develop accurate electrical one-line diagrams for the existing equipment. 5. Construction Scope of Work -Once all information is gathered, and preliminary design work is complete, we will prepare a recommended construction project scope of work which will identify all work to be included in the construction project, with associated construction cost estimates for review and approval by the City. Alternatives to the original scope will be will be presented at this time. The original scope of work, as explained by city staff, is to remove the existing generator from the mechanical building at the wastewater treatment plant; install a new generator sized to handle the needs of the wastewater treatment plant positioned on the existing slab for the one ton chlorine cylinders; modify the existing chlorine room to be a electrical 'room; construct a new chlorine room at the location of the existing generator; provide for one single one ton chlorine cylinder outside the mechanical building near the new chlorine room; and relocate the existing generator to Well No. 14. 6. Final Design -Upon acceptance of the project scope by the City, we will prepare final construction plans, specifications, and contract documents for bidding. 7. Review and Approval -Upon completion of the construction documents, we will submit copies to the City of final review and approval. Bidding and Award: 1. Provide an advertisement for bids for publication by the Owner; answer any pre-bid questions; attend the bid opening; evaluate the bids received; and provide a recommendation as to the lowest responsive bidder. 2. Prepare the contract documents and coordinate contract execution between the Owner and Contractor, conduct apre-construction meeting, and assist in issuing the notice to ,.proceed. Construction Services: 1. Provide complete construction services including coordination between the Owner, Contractor, Sub-contractors and Sub-consultants. 2. Provide construction observation services. 3. Prepare contractor's partial payment estimates for approval by the owner. Smlth September 4, 1996 Page 3 of 3 4. Review and evaluate the need for change orders during construction and provide a recommendation to the Owner regazding their approval or denial. 5. Conduct the final inspection and assist the owner with project close out. 6. Prepare record drawings for the completed facilities. 7. ~ Conduct a one yeaz warranty inspection. We propose to provide the Design Services as outlined above through bidding and awazd on a time and materials basis with a not to exceed amount of $ 10,436 without prior approval of the Owner. We propose to provide the Construction Services as outlined above on a time and materials basis according to the attached rate schedule plus direct expenses and sub-consultant expenses. I estimate the fee for construction services will be approximately $ 3,059. The above fee estimates are based upon utilizing Taylor Engineering, Inc. for electrical engineering services. I do not anticipate the need for other sub- consultants at this time. I have enclosed a copy of man-hour and fee estimates for your reference. The above fee estimates assume the City will pay all costs associated with permits, licenses, testing, and publishing costs. If the proposed scope of services and fee estimates are acceptable please sign and return one copy of the enclosed.Agreement for Professional Services. Again, thank you for considering Civil Survey Consultants for this project. Sincerely, . /~~~~Y" .Tim Burgess, P.E. Vice President enc.