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HomeMy WebLinkAbout1996 03-05MERIDIAN CITY COUNCIL AGENDA TUESDAY, MARCH 5, 1996 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD FEBRUARY 20,1996: (APPROVED) MINUTES OF SPECIAL MEETING HELD FEBRUARY 27,1996: (APPROVED) TABLED DECEMBER 5,1995: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST BY JIM BALLANTYNE: (TABLED UNTIL MAY 7, 1996 AS PER APPLICANT REQUEST) 2. TABLED FEBRUARY 20,1996: DEVELOPMENT AGREEMENT FOR SALMON RAPIDS NO. 3 SUBDIVISION BY MARTY GOLDSMITH: (TABLED UNTIL MARCH 19, 1996) 3. TABLED FEBRUARY 20,1996: COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEMTONE CENTER: (TABLED UNTIL MARCH 19, 1996) 4. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY MERIDIAN FREE LIBRARY DISTRICT: (APPROVED) 5. ORDINANCE #726 - MERIDIAN LIBRARY REZONE/L-O: (APPROVED) 6. FINAL PLAT FOR MORNING GLORY SUBDIVISION NO. 2 BY RUSSELL HUNNEMILLER: (APPROVED WITH CONDITIONS) 7. PUBLIC HEARING CONTINUED FROM FEBRUARY 20,1996: PRELIMINARY PLAT FOR DOVE MEADOWS NO.2 SUBDIVISION BY DAVE LEADER: (TABLED UNTIL APRIL 2, 1996) 8. CHERRY LANE VILLAGE HOMEOWNERS ASSOCIATION: CONCERNS ABOUT PIECE OF LAND ON THE NORTH SIDE OF CHERRY LANE. 9. RE -SUBDIVISION OF CHERRY PLAZA PRESENTATION - STEVE SWEET: (APPROVE ENDORSEMENT OF LOT SPLIT) 10. RELEASE OF NON -DEVELOPMENT AGREEMENT ON BEDFORD PLACE: 0 0 (APPROVE TO PROCEED WITH IMPROVEMENTS, BUT KEEP THE NON -DEVELOPMENT AGREEMENT INTACT) 11. REQUEST PERMISSION TO TILE THE ONWEILER LATERAL THROUGH FINCH CREEK SUBDIVISION BY CREEKSIDE DEVELOPMENT: (GRANT PERMISSION TO TILE THE ONWEILER LATERAL LEAVING THE NON -DEVELOPMENT AGREEMENT IN PLACE) 12. PROCLAMATION: PURCHASING MONTH: 13. US WEST CENTRAX AGREEMENT: (APPROVED) 14. WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 15. APPROVE BILLS: (APPROVED) 16. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. BID RESULTS: GREGORY LIFT STATION: (APPROVED BITTEROOT CONSTRUCTION) 2. JOINT MEETING WITH ACRD: 3. WATER AND SEWER RATE STRUCTURE STATUS REPORT: (APPROVE JUB TO CONDUCT STUDY) B. JOHN SHAWCROFT, WASTE WATER SUPERINTENDENT: 1. COMPOST RESULTS 2. FIVE MILE CREEK STUDY RESULTS 3. NPDES APPLICATION FOR CH2M HILL: (APPROVED) MERIDIAN CITY COUNCIL MARCH 5, 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, Ron Tolsma, Glenn Bentley, Charles Rountree: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Chief Gordon, Vernon Croft, Walter Casey, Merle Aldon, Bernie Fortner, David Lang, R.B. Morrison, Steve Sweet, Chris Beeson, Tom Thorson, Mike and Sheila Bresnahan, Keith Bird, Ted Hutchinson, David Leader, Verland Sanders: MINUTES OF PREVIOUS MEETING HELD FEBRUARY 20,1996: Corrie: Council you have had those minutes, any corrections or alterations? Entertain a motion for acceptance. Rountree: Mr. Mayor I move that we approve the minutes of our previous meeting February 20. Morrow: Second Corrie: Motion made by Councilman Rountree, second by Mr. Morrow that the minutes of the previous meeting held February 20, 1996 be approved, all those in favor say aye? Opposed? MOTION CARRIED: All Yea MINUTES OF SPECIAL MEETING HELD FEBRUARY 27,1996: Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the minutes of the special meeting held February 27, 1996 be approved, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED DECEMBER 5,1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST BY JIM BALLANTYNE: Morrow: Mr. Mayor, on the 14th of February we received a letter written by Wayne Forrey, now if memory serves me we had tabled this request by Mr. Ballantyne pending the Meridian City Council March 5, 1996 Page 2 preliminary plat coming along in conjunction with that request. The letter on February 14 from Mr. Forrey said my client Jim Ballantyne submitted a commercial office annexation and zoning request to the Meridian Planning and Zoning Commission on July 11, 1995. Our public hearing before the City Council was held on October 17, 1995 and action was tabled so we could prepare a plat for City Council review. I understand it is the preference of the Meridian City Council to review a preliminary plat before taking any action on an annexation and zoning request. WE have prepared a preliminary plat and accompanying application for review by the Planning & Zoning Commission. This application was submitted in anticipation of the February 13, 1996 Planning and Zoning Commission public hearing. At the request of the Commission, I am sorry at the request of Mr. Ballantyne the application was tabled last night by the Planning and Zoning Commission to be heard by them at the March 12, 1996 Planning and Zoning Commission meeting. That the application on this time table our preliminary plat should come before the Meridian City Council on may 7, 1996. Please table our annexation and zoning request until May 7, 1996 City Council meeting. Thank you for your prompt attention to this matter. Keep up the good work. Respectfully, Wayne Forrey. Unless there is anything outstanding that has changed that position I would move that we table the findings of fact and conclusions of law for annexation and zoning request for Mr. Ballantyne until the May 7, 1996 meeting. Rountree: Second Corrie: Motion is made and seconded that we postpone the findings of fact and conclusions of law for the annexation and zoning of Jim Ballantyne until May 7, 1996, any discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED FEBRUARY 20,1996: DEVELOPMENT AGREEMENT FOR SALMON RAPIDS NO. 3 SUBDIVISION BY MARTY GOLDSMITH: Corrie: Counselor do we have that or Shari? Crookston: I have reviewed it, on the exhibit B, I think that there needs to be a couple of very minor changes. It would be my recommendation to have the Council approve it subject to change by Mr. Goldsmith and myself or Mr. Goldsmith's attorney and myself. Corrie: Comments from Council? Rountree: I would have a question for staff if they reviewed it. Do you have any comments to add? Meridian City Council March 5, 1996 Page 3 Stiles: Councilman Rountree, Mayor and Council, I guess the only, I believe I reviewed that quite some time ago, unless there have been additional changes since my review that have been done between the attorneys I don't think I would have any problem with that. Crookston: To my knowledge Shari it has not been changed since it was submitted to the City approximately December 1, 1995. But I think that there are a couple of things that need to be changed on that Exhibit B. Stiles: So you will let me know? Crookston: Yes Morrow: I have a question with respect to partially about this issue. John had requested a meeting with you and myself a few weeks ago concerning some items in terms of the guard rail and that type of thing. It does have some bearing on the Goldsmith project. It is my understanding or at least I have not been notified of that meeting, it is my understanding in talking to him shortly before the beginning of this meeting that meeting between the three of us has not yet been set up. I guess my question is that do we hold the development agreement pending the airing of his concerns or review the development agreement to see that those concerns may have been met within that document. Corrie: Well I think that I would have no problem with that Mr. Morrow, give everybody a chance to have say on this. We could set up a meeting with John and yourself and myself if you so desire. I had previously talked to (inaudible) not satisfied I guess we can do that. I had spoken to John about the guard rail which is ACHD not so much us. If the Council would so desire I would be more than happy to meet with him one more time and go over those. Shari would that have any effect on the development agreement whatever we discuss? Stiles: Mr. Mayor and Council I guess if you wanted to change the approval to subject to Council changes and a joint meeting to be held I think one needs to be held or counsel review, final counsel review. I would honestly have to go back and look at the minutes to see exactly what issues, I know the guard rail is one, and the well if that is still an issue that has to be added to the development agreement. Morrow: Have the monitoring mechanisms that we talked about been added to the development agreement with respect to that irrigation well? . Stiles: I believe they are mentioned in there but how that is accomplished I don't know. the requirement is there but how that is going to be carried out is another problem. 0 1 0 Meridian City Council March 5, 1996 Page 4 Morrow: Well I think from my perspective in terms of that development agreement I would like to see within that the mechanism for the homeowners association who is ultimately going to be responsible for the operation of that well system. Some fairly clear guidelines as to what it is we are trying to get accomplished there. Again the issue is that Mr. Goldsmith's involvement in this subdivision in terms of the life of the subdivision is very short. The issue is not in my mind is not what makes him happy or unhappy but what makes the homeowners and surrounding neighbors in the City of Meridian long term. So my question to you is are there enough guidelines in the development agreement as it is currently written to accomplish that? (Inaudible) would you feel more comfortable with a council review with what is there? Stiles: I would like it at least one council member to be able to review the terms of that and see if it meets their needs. It is one thing to make a requirement but it is another thing to enforce that requirement and how it is going to be done. Corrie: I believe it was pretty well spelled out as far as the water people are concerned it it is really their business not ours how that is monitored and that position. But we can look at it one more time. Stiles: And Gary may be able to speak to that monitoring of the well in Salmon Rapids No. 3 because he has had correspondence with the Department of Water Resources and probably could speak more clearly to that. Morrow: I understand that and the thing of it is we did the findings of fact and conclusions now we are getting ready to do the development agreement which is really the teeth of the findings of fact and conclusions and I think from my perspective on the Council I would like to see the development agreement in its entirety before I approve it. Stiles: The development agreement does incorporate the findings of fact and conclusions of law as part of the agreement. Corrie: Under those circumstances Mr. Morrow, I would entertain a motion to table this until we have had the chance to go over it whoever you want to go over it. Morrow: I would table to our March 19 meeting. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we table the development agreement to March 19 meeting, discussion? 9 0 Meridian City Council March 5, 1996 Page 5 Rountree: Walt, Mr. Mayor, I would assume that you would have the meeting with John and (inaudible). Morrow: That is correct my preference would be that two councilmen, the Mayor and Mr. Shipley meet concerning this and also we review the development agreement at that time and each of the Councilman would (inaudible) prior to our next meeting. I would ask that you be involved in that Mr. Rountree since your background is environmental. Rountree: Thank you. Corrie: Any further discussion? All those in favor of the motion say aye? Opposed? MOTION CARRIED: All Yea Corrie: Alright, Walt, Charlie and myself will meet with you John. We will set up the meeting within the next, probably this week or next week for sure. And we will get the results and the other councilmen can read the development agreement. ITEM # 3: TABLED FEBRUARY 20, 1996: COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEMTONE CENTER: Corrie: Counselor? Crookston: I have reviewed a set of covenants, I would like to check and make sure what I have reviewed is actually what is being requested to be approved. The findings that I have come from March of 1995. 1 would just like to make sure that is what Gemtone wants to have approved. What I have reviewed is basically fine, but what I have reviewed is mostly statements about a well agreement and to be deeded to the City. If the City does not use it for a one year period, not necessarily from now and for a year but for any one year period that it is to be deeded back to Gemtone. Do you have any of those Shari, any other? This is not what I have reviewed. I need to get a copy of those and review them. Morrow: These are received February 5th and you have not reviewed them. Crookston: Correct Morrow: Mr. Mayor, I would move to table the covenants, conditions and restrictions for Gemtone Center until our March 19, 1996 meeting or the opportunity for the City Attorney to review the CC&R's as submitted February 5. Rountree: Second Meridian City Council March 5, 1996 Page 6 Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, to postpone, table the covenants, conditions and restrictions for Gemtone Center to March 19, any further discussion? Hearing none, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #4: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY MERIDIAN FREE LIBRARY DISTRICT: Corrie: Council you have those findings of fact and conclusions of law in front of you, any questions? Crookston: Those were amended to add a provision for the testimony of that lady that testified at the hearing that had not testified at the Planning and Zoning hearings. That is the only change from the Planning and Zoning findings. Rountree: Mr. Mayor, I move that the Meridian City Council hereby adopts and approves these findings of fact and conclusions. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow to amend the findings of fact and conclusions of law for a rezone for Meridian Free Library District be approved, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow - Yea, Tolsma - Yea, Rountree - Yea, Bentley - Yea MOTION CARRIED: All Yea Corrie: Decision? Rountree: Mr. Mayor, I move that the City Council hereby decides for approval of this rezoning request by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to approve the decision, any further discussion? All those approved say aye? Opposed? MOTION CARRIED: All Yea 0 0 Meridian City Council March 5, 1996 Page 7 ITEM #5: ORDINANCE #726 - MERIDIAN FREE LIBRARY DISTRICT/L-O: Corrie; AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF A CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 1, T.3N, R.1W, B.M. ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #726 read in its entirety? Hearing none I will entertain a motion. Rountree: Mr. Mayor I move we approve the Ordinance #726 with suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that we approve Ordinance #726 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree -Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #6: FINAL PLAT FOR MORNING GLORY SUBDIVISION NO. 2 BY RUSSELL HUNNEMILLER: Corrie: Staff, comments or questions? Morrow: Mr. Mayor, there was a letter dated today in our boxes tonight from Shari consisting of some eight items. I would like to have her comment on those items please. Stiles: Councilman Morrow, Mayor and Council most of these comments to number 6 were also comments on Morning Glory Subdivision No. 1. 1 don't believe I have had a response to all of these items yet. Some of them are required prior to signature on the plat. I believe I just have some questions on mostly the landscaping and the draining being accepted by the Ada County Highway District and how that is going to be taken care of. Morrow: You have asked for these items to be reviewed prior to this and you have not had a response is that correct, is that what you are telling us? Stiles: Well if you go though the items one by one, one is actually the tiling of the Eight Mile Lateral that I don't really believe is an issue. This is just the same thing I had on the first one. I think they have always represented they would fence outside of the easement there and had no problem with that. The landscape plan, I don't know how long that is 0 0 Meridian City Council March 5, 1996 Page 8 going to take. Of course it would be preferable if it were completed before building permits were issued. Nampa Meridian Irrigation District I am not really sure because of the problems we have had in Merrywood No. 1 with the flooding if this, these phases are going to take care of that and how they are taking care of it as far as disposal of that water somewhere acceptable to Nampa Meridian Irrigation District and Ada County Highway District. I don't think there is really an issue with fencing, we do not have restrictive covenants submitted yet. And I don't think there is any problem with the planting strip along the railroad corridor. I guess my main issues would be the drainage and some details on the landscaping. Morrow: Mr. Mayor, Gary can you address the issues with respect to ACHD and Nampa Meridian with the resolution of the drainage. What is the status of the different phases and the drainage problem and how is the problem ultimately corrected? Smith: His letter (inaudible) Councilman Morrow, members of the Council and Mayor that this drainage from number two is going to be piped under the Eight Mile Lateral and into the #3 subdivision area to take care of the drainage problem. This will have to be approved by the Highway District and Russ Hunnemiller is here this evening and he is telling me that he has a meeting tomorrow with the Highway District to resolve that. It would be necessary of course for them to approve that drainage because they have to sign off on the plat also and we won't be able to sign the plat until they sign the plat. As far as the drainage part of it goes. The one problem we have had in the past with the Merrywood Subdivision the last phase will be taken care of by this phase because the drainage pond backs up and floods back up the street and into our sewer will be carried on to the Eight Mile Lateral to the southwest. So, this phase of the subdivision will resolve a problem that we have had with the first phase of Morning Glory. Does that answer your question Councilman Morrow? Morrow: I guess the rest of my question is are you comfortable with proceeding with the plat with these things still up in the air? Smith: I don't think there is a problem with it, the Highway District like I say is ultimately responsible for that drainage and approval of their plans. They have indicated in our comments as far as the Public Works Department that they don't have a problem we haven't received anything in writing but both the Engineer and Mr. Hunnemiller have verbally told me that they or Mr. Hunnemiller tells me tonight that Roy Johnson told Bruce Freckleton over the phone today that they didn't have a problem with our comments any of them. Morrow: Okay, I have no more questions Mr. Mayor? Meridian City Council March 5, 1996 Page 9 Corrie: Any further discussion? Rountree: I had a question for Gary Mr. Mayor. Gary or Shari, the irrigation district didn't take exception but have some concerns about some of the easement areas being referred to as common areas. Has that issue been resolved? Essentially what they said was this area of the Eight Mile Lateral was heavy silted and sand built up which demands more than the (inaudible) proposed common area. Stiles: Councilman Rountree, I believe what the Irrigation District's concern is that this will be a bike path, landscaped something for kids to be around. That probably is their concern I think that probably is what their comment is about that they need to maintain that for a roadway for maintenance and that a park is not what they envision along the Eight Mile Lateral. That is just a guess. Rountree: Then what direction do we go with your comment number 2 of today that the applicant shall (inaudible) Stiles: Councilman Rountree I believe that reference to it being a common area should be deleted from the plat and to designate that as an irrigation easement or right of way or whatever it is there for the Nampa Meridian Irrigation District. They are not allowing pathways or landscaping along that lateral. Rountree: And the question with respect to your comment again is it is my understanding that landscaping includes automatic sprinkler systems with water. Stiles: Yes, there will have to be a detailed irrigation plan submitted and landscaping plan and that needs to be bonded for a letter of credit provided before signature on the final plat. Corrie: Any further comments or questions? Hearing none I will entertain a motion. Morrow: Mr. Mayor I would move that we approve the final plat for Morning Glory Subdivision No. 2 subject to the meeting of all staff conditions, ACHD conditions and any other City Ordinances that may apply. And that the signatures are to be withheld by the City until there has been compliance with all of those conditions. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the Final plat for Morning Glory Subdivision No. 2 by Russell Hunnemiller be approved subject to all staff conditions, ACHD conditions and ordinances and that all signatures be withheld until those are all 0 • Meridian City Council March 5, 1996 Page 10 met, question? (Inaudible) Morrow: Yes Mr. Tolsma. Corrie: Okay, we want to include Nampa Meridian Irrigation into that same motion, any further discussion? Hearing none, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING CONTINUED FROM FEBRUARY 20,1996: PRELIMINARY PLAT FOR DOVE MEADOWS NO. 2 SUBDIVISION BY DAVE LEADER: Corrie: Is Mr. Leader here tonight, you are his representative? Ted Hutchinson, 109 S. 4th Street, Boise, was sworn by the City Attorney. Hutchinson: Mr. Mayor, members of the Council, this was tabled at the February 20th meeting, the Council had raised some questions with regard to some of the issues and Ms. Stiles review of the plat. We have responded to those and have re -drawn the plat specifically some of the changes we made were regarding the landscape strips that are along Hickory Way. Instead of having those easements those now have been changed into lots, numbered lots within the subdivision. They will be maintained by the homeowners association. The (inaudible) again the items from Dove Meadows No. 1 those will be taken care of as required under the conditions of approval for Dove Meadows No. 1. Note number 3 has been changed to indicate those lots which are non -buildable lots those are open space drainage lots or landscape lots those have been indicated in that note. The sanitary sewer easement is, all of that is contained within the open space lot and I can't remember on that change, Shari did we change that to a separate lot? It is on an open space common lot right now and the residential building lot that is adjacent to it is not affected by the easement. It is all contained within an open space lot or a drainage lot. If the City desires we can replace that within a separate lot but it is already in an open space lot and it not buildable or subject to any building permit. So again if the City wants that as a separate lot we can certainly do that. (Inaudible) The applicant will submit a landscape plan before signatures on the final plat. We would like to get some clarification on the perimeter fencing it seems that along the north we have residential development (inaudible) we think that the fencing would be appropriate where there is a conflict of uses rather than against residential uses. I believe that Ms. Stiles also asked that we fence along Dixie Lane ultimately I believe that is supposed to be a walking path and it seems that would create a corridor where nothing can be seen if that is fenced (inaudible) leave Meridian City Council March 5, 1996 Page 11 that up the homeowners if they wanted to fence their rear property line. That would certainly be up to them. The covenants were submitted prior to the Council's previous meeting, I believe those should be on file. All lots have to have 65 feet of frontage unless on a culdesac and have a minimum square footage of 6500 square feet. All of the lots with the exception of two meet those and we have submitted a variance application for those two, those two lots are on the outside of a curve and it is a little difficult to make those lots meet those size requirements. The two lots are lots 3 and 4 of Block 3. They are oversized lots the only problem is we can't quite meet the frontage requirement because of the way the curve in the road bends and affects those lots. Lot 3 is 8594 square feet, Lot 4 is 9,062 square feet. Again that application has been scheduled for public hearing before the Council on the 19th of this month. Again I believe I have addressed the landscape areas on Hickory Way those are now lots, there was a question about the westerly 10 feet which is Dixie Lane whether or not it is actually owned by Mr. Leader. Mr. Leader is of the opinion that yes he does own that and we are including it as part of the plat. We would note that when we get to the County Engineer if it is not part of the. plat or not part of Mr. Leader's property we would rather be charged with taking it out at that time rather than waiting to the end and the County Engineer saying no that is your ground and it has to be included in the plat. We believe that issue can be resolved so that we get the final plat to the County Engineer. Note No. 4 has been changed to indicate that those lots are 1301 square feet. Again we have responded to Ms. Stiles comments in writing. Are there any questions that the Council has? Mr. Mayor, Councilman Rountree, this will have pressurized irrigation to be developed for Dove Meadows NO. 1. There is a question about retro fitting some of the adjacent lots to Dove Meadows No. 2, between the border of No. 1 and 2. 1 believe Mr. Leader will be able to comment, there are some questions on that that we need to get resolved as far as any retrofit for some of those lots in that particular area. The irrigation water right is being developed for this phase of Dove Meadows. (Inaudible) Hutchinson: Down stream water users? The ditch is in the area, Avest has tiled ditches or is in the process of tiling ditches that they are responsible for. Mr. Leader has tiled the south ditch, they have dug the north ditch deeper to help accommodate the water that float through that area. We need to make sure those down stream water users particularly Mr. Brian are satisfied that the problems that have arisen in the past are (inaudible) we are working toward that. Tolsma: The landscaping in Dove Meadows (inaudible) will be done this year? Hutchinson: Mr. Mayor, Councilman Tolsma, Mr. Leader indicates that yes it will be done this year. 0 0 Meridian City Council March 5, 1996 Page 12 Tolsma: (Inaudible) Hutchinson: Mr. Leader has been working on it and I think he ran into an irrigation problem for crossing some of that area. He is working out that particular problem (inaudible). Corrie: Anything further Mr. Tolsma? Tolsma: Well (inaudible) you alluded to the fact that you did not want to fence along Dixie Lane. Hutchinson: Mr. Mayor, Councilman Tolsma, I believe the ordinance requires that you fence against incompatible uses. In this case I believe that would be any commercial uses that are there. We don't want to fence along the property that is adjacent to the Church there is an open space area and the agreement was that would not be fenced because it does open up onto that large area behind the church. You have residential development along the north and that is a like use. It is not incompatible to have residential abutting residential. Avest I believe is putting up fence on their portion of the property they are fencing against, they are basically the non -compatible use with residential that is already developed in the area. Regarding that fence along Dixie Lane we fence along Dixie than you are going to create a corridor in there that you can't see what is going on back in there. There is one user for Dixie Lane and that is the out parcel that is up in the NW corner of Dove Meadows No. 2. 1 believe it not even annexed to the City at this time. It is Rural Transition but that is the user the only user of Dixie Lane. Ultimately if other roadway accesses are provided to that user than (inaudible) into a walking path and we would like to keep that open for safety purposes. Again if the homeowner wants to fence it that would be their choice but we prefer to leave it open. Tolsma: (Inaudible) Hutchinson: I can certainly check with the developer and see if he will put up a construction fence to prevent that sort of trash. Morrow: I have a couple questions part of the public hearing at our last meeting there was a discussion with respect to the access to the sprinkler pressurized irrigation system was on the church property. And there were no provisions in place for the homeowners association to access that property to service the pressurized irrigation things. Has that problem been resolved? Hutchinson: Mr. Mayor, Mr. Morrow, I believe Mr. Leader can address those particular issues that were raised on that portion of the irrigation. Meridian City Council March 5, 1996 Page 13 Morrow: My next question was you referenced an agreement in terms of the church and the fencing issue. The agreement between who? Hutchinson: I believe it is Mr. Leader and the church. They would like to take advantage of that open area without having additional restrictions, site restriction on the fence along that area. That is (inaudible) Morrow: My next question is referencing Dixie Lane, if that is not going to be fenced it appears to me that in the short term if it is going to be a road access to serve a parcel how do you proposed to keep that area clean and not impact the properties within you subdivision? Hutchinson: The portion of Dixie Lane that is outside the lots there would be part of the common open space lot. Which is to be maintained by the homeowners association so they would be responsible for maintaining that particular area. They would be required to keep the weeds down, keep (inaudible) to keep it in good shape. That is an open space common area lot that is the responsibility of the homeowners association. Morrow: If it is not fenced do you foresee landscaping it or providing the landscaping there because ultimately it is a pathway, a pathway needs to be landscaped and look better than a (inaudible). Hutchinson: I think that would be something we need to address as far as the City is concerned to see if there is something that can be worked out that would satisfy the City regarding the (inaudible). Corrie: Further comments or questions from the Council? Anyone else from the public, Mr. Leader? David Leader, 110 Parkway, Boise, was sworn by the City Attorney. Leader: Making a couple of comments on the questions that Walt asked in regards to the access to the church's, I am not quite certain but part of the common area from Dove Meadows No. 1 is sprinkled by a pressurized irrigation system that belongs to the Church. To answer your question, the homeowners association will not have access to the pumping station it is (inaudible) so it is timed, but I have hired community management to handle the homeowners association and part of our agreement is that we will get these agreements hammered out and written in writing between the Church and the homeowners association. So everybody knows what is required of them and the cost of the irrigation and everything. That is being taken care of and the landscaping from the phase 1 we are still waiting on the builder to pull the building permit on that last vacant lot which again E Meridian City Council March 5, 1996 Page 14 0 they have assured me that they are ready to start. As soon as that is done we plan to have all of that landscaping done early this Spring. The question on the fencing, there is one acre parcel along our northwest boundary and we do plan to fence that off that is not an R-8 zone there. Our intent is to fence that section and there is a section I think on our southern boundary that backs up to Shoshoni. I thought when that was rezoned commercial that they were required to do fencing and buffering but if they weren't then we will. Again, on Dixie Lane I think it would be a mistake to fence that off, particularly it is part of our common area, we will address the maintenance of anything outside the pavement there and our landscape plan when we submit it for all the common areas. The question that came up on the northern ditch there, we did meet with public works department and got approval to go ahead and build that northern pipeline and we plan to do that in the next 30 days. (End of Tape) The one question that came up that we need an answer from the Council on is regarding the to complete our plans on the pressurized irrigation system and that is regarding retrofitting existing lots from phase 1. Our original plan was to retrofit any adjacent lots to phase 2 with pressurized irrigation and my, when I was originally asked the question on this was told that if we provided a pressurized irrigation to those lots we would be reimbursed the development fee or the well development fee that was paid on those lots at the time we had functional pressurized irrigation system. In talking to Gary Smith he said actually that was, he couldn't answer that question that the Council had to answer that question and I need a yes or a no if that is the case John Barnes told me that was the case but if something has changed I need to know because we don't want to include those lots in our system and size our system for those if we are not getting back the fees we paid on those lots. Corrie: Any questions of Mr. Leader? Morrow: I have 2 questions. Comment with respect to well development fees, it has historically been that the Council has approved an application for refund of those well development fees upon successful completion of the sprinkler system within the lots being asked for refund. Although that is no guarantee that is going to happen again the application must be made by you to the Council for the refund of those fees. The second question was with respect to phase one, you indicated there has to be a building permit or a building take place before the landscape can go forward. Leader: As you recall, I think I mentioned, there isn't' common area, all the common area is owned by the homeowners association has been landscaped. But the easement areas we could not where we didn't have pressurized irrigation we had to have a building permit to get a water meter permit. Which wasn't the case when Dove Meadows was started but it was the case by the time we got ready to pull meters to landscape those areas. There is one lot that hasn't pulled a building permit that has a landscape easement on it. There are three lots that aren't landscaped including that one. As soon as they get theirs why we 0 Meridian City Council March 5, 1996 Page 15 C] want to get and landscape and put the sprinkler systems in and get them all three landscaped at one time. Morrow: One final question, I think in our last meeting part of the testimony was the irrigation line on the north side, you indicate it is or is not on your property? Leader: The irrigation line presently there is an irrigation that services Brian that is not on my property. There is a drainage line, a rerouted drainage irrigation ditch that is on my property. The plans that have been approved that we plan to build is to combine that, those two ditches into one eighteen inch pipe. It will deliver water exactly to the spot that is already built the box that will, that Mr. Brian will receive his irrigation water from. Morrow: Who's property will that ditch be on? Leader: That will be on Dove Meadows No. 2. Morrow: What provisions are made for, this pipe line will have clean out boxes every so often? Leader: That is correct. Morrow: What provisions have been made for the maintenance of those? Leader: I assume whatever the normal maintenance of clean out boxes is. There is one box that is not adjacent to the street that was put into service. The one acre parcel, I am song I don't know the name of that party, where they get their water and it also is adjacent to a drainage lot of Wingate so we have indicated we either we (inaudible) so there was access to it by the neighbor that needs to pull his water out of there and it also could be accessed from that drainage lot I believe. Morrow: Let me ask you this, is the ownership of that particular ditch with Nampa Meridian Irrigation District or is it outside the lateral system? Leader: It is outside the lateral system is my understanding. Morrow: In the City of Meridian those ditches that are not owned by either Settlers Irrigation District or Nampa Meridian Irrigation District it is up to the individual property owners to maintain all ditches as they cross their property. So in this case you would need to make a provision for the property owners where those clean out boxes are to keep those things cleaned and maintained and that would need to be done in my mind either through the covenants so the buyers are aware of that ordinance being there or as part • 0 Meridian City Council March 5, 1996 Page 16 of the sales package when those folks buy those particular projects. Leader: If you have any particular language there that has been used or prefer to be used we are more than happy to incorporate it in our covenants. We don't' have anything presently in there to that effect. Morrow: That is a City Ordinance that you and future owners need to be aware about because in fairness to down stream users it is not up to them to police everybody else's property all the way back to the source of the lateral. So the City of Meridian (inaudible) several years ago. I have no further questions. Corrie: Council members any further questions? Thank you Mr. Leader, any further testimony from the public? Hearing none I will close the public hearing. Council? Rountree: I have a question for Shari Stiles Mr. Mayor, do you have any further comments to add to the (inaudible) preliminary plat. Also did we get a copy of the redraft of the preliminary plat? Stiles: Yes, we received them tonight. Rountree: So we haven't seen them. Stiles: No you have not. I guess one item I would like to bring up, I still have a question about Dixie Lane that would be required to be fenced. My Ada County information indicates that Avest is the owner of that property and there is also a 20 foot Idaho Power easement all along Dixie Lane and another item is until that property owner of the Acre or the person living there chooses to give up their right to that Dixie Lane as an access it needs to remain open and the perimeter fencing is required wherever there is open land. The idea is to contain those areas and I don't believe using that as a common area is appropriate particularly since the Avest their development agreement requires them to have a pedestrian walkway through there. Part of the reason for that is because Oakhurst did not come through from Mirage Meadows and there has to be some kind of access maintained there and it is not a usable area by homeowners. Rountree: Do you see that there are changes needed in the preliminary plat and the notes on the plat in order to remedy some of these problems. Stiles: Councilman Rountree, I would feel more comfortable if there were. Morrow: Mr. Mayor I guess I would follow up Mr. Rountree and ask the same question of Gary Smith with respect to your comments and the preliminary plat, your staff comments. 0 • Meridian City Council March 5, 1996 Page 17 Smith: Councilman Morrow they have addressed our comments in writing, they did some time ago, I don't have a date on it. But I don't think we had any problem with their comments or their response to our comments. Morrow: So they have responded to those requirements in writing based on your letter or staff letter of January 4, the one that is in our packet? Smith: Yes, I don't have a particular problem with that sanitary sewer being in an easement in that open space drainage lot as long as that lot is noted on the final plat as a non -buildable lot. I might also mention in regards to the pressurized irrigation for this subdivision there is an attempt being made between this developer and the developer of Wingate Subdivision and Packard Subdivision to joint venture a pump station. We had a meeting with the developer of the subdivision last week and it doesn't sound like Packard Subdivision with their other problems have given a lot of time to this joint venture but if they aren't a participant this developer and Dan Wood from the Wingate Place Subdivision who met with us also agreed that they would put in a combined pump station for their two subdivisions. In accordance with Nampa Meridian's standards so that it would be a Nampa Meridian owned and maintained system they would utilize the surface water to the extent that they can in rotation with Don Brian and in the off season, off irrigation ditch irrigation water season they would have a single point connection to the City system to supplement that water. The amount of silt that comes down the ditch and the amount of water is going to take some management there is no doubt about that. I was told that Gary Lee from JUB Engineers is going to be the designer of that pump station and I have confidence in his abilities to do that. He has designed one for the Turtle Creek Tully Park area, it hasn't been built yet but he has got some experience in other pump station areas. I think he also designed the Elk Run Subdivision pump station. Morrow: I have one question for you, you talked about the designation on the plat of non - buildable lot for that easement. What would be your preference as opposed to an easement with that designation? Smith: Common lot, 20 foot wide common lot. I don't know what the details of the open space drainage lot are, I don't know whether that is a pond or what it is but I don't want to fight somebody to have access to a sewer line especially one that is draining an entire subdivision and that is what this one will be doing. So, we need clear and definite access to the sewer line. One good point is it is a relatively short length of line, it has a manhole on each end of it so we have good access to the line. I wouldn't expect that we will have any problems but about that time you do. So if we had to dig up a line and it is somewhat deep we need to be sure that we have access. Morrow: My follow up question would be why is it not being done as a common lot? • Meridian City Council March 5, 1996 Page 18 CJ Smith: They have shown it as an easement, I understood Mr. Hutchinson to say that they didn't' have a problem showing it has a common lot if that is what we wanted. But, as far as I am concerned if it is designated as a non -buildable lot on the final plat and we have some plans that show what his lot is going to be which will be part of the development plans then we can address it at that time I expect. Whether it is going to be because the final plat will come back to the Council for approval and it can be addressed for sure at that time whether it will be a common lot or an easement in the drainage lot. Morrow: Well given some of the recent problems we have had I guess my preference would be is that it is a common lot because we have just been through a situation with the lift station maintenance thing that although was suppose to be perfectly clear ended up not being very perfectly clear apparently. Smith: I don't think the developer has a problem with the common lot designation there. Corrie: Any further comments from staff? (Inaudible) ready for any motions? Morrow: Mr. Mayor, in talking with Counselor, he indicates that the proper procedure would be to the variance application heard and acted on before the approval of the preliminary plat. And so it would seem to me that being the case I believe that the variance application is scheduled for our meeting on the 19th, it appears to me that it is to our benefit to table this pending that variance application hearing. My question would be is that what type of time frame would it take that variance to process if approved. The point being is what is set up to when it needs to be tabled to. Crookston: It would be approximately a month from now, the hearing is on the 19th and the first meeting in April would be the findings on that variance. (Inaudible) Corrie: You could do both the preliminary plat and the variance, findings of fact on the 2nd of April. Morrow: Mr. Mayor, I would move that we table the application for the preliminary plat for Dove Meadows No. 2 Subdivision until April 2, 1996. Rountree: Second Corrie: Motion is made by Mr. Morrow, second by Mr. Rountree that the preliminary plat be tabled until April 2, any further discussion? All those in favor say aye? Opposed? • Meridian City Council March 5, 1996 Page 19 MOTION CARRIED: All Yea Morrow: Mr. Mayor, might I suggest to Shari that she get some of the issues that she is concerned about resolved between now and that April 2 meeting. ITEM #8: CHERRY LANE VILLAGE HOMEOWNERS ASSOCIATION CONCERNS ABOUT PIECE OF LAND ON THE NORTH SIDE OF CHERRY LANE: Corrie: I guess this is not a public hearing but I think we need to have some comments from the people in Cherry Lane Village. I guess Vern, your letter is the one that precipitated this so why don't you, would you like to address the Council first? For the record this is Vernon Croft, the President of Cherry Lane Village No. 3, 4 and 5. Croft: We in 3, 4 and 5 have been asked by a number of the homeowners in our phase what can be done about this area. Our board took up the situation on two separate occasions and we came to the conclusion to send the Mayor and Council a letter. It is our position and our intent to work with this board and the City and try and resolve the situation so that area along Cherry Lane can be enhanced to some degree that is beneficial to all of those homes not only in Cherry Lane but also across the street in the other developments over there. It is also an enhancing factor for the City to see that something is done because it is your primary entrance to your golf course. We understand that the homeowners along Sugar Creek that back up to Cherry Lane own that real property out to within 2 to 3 feet of the sidewalk. We also understand that Nampa Meridian has an easement through there where their underground ditches. Right now the Ada County weed control policy will not maintain that in a viable situation where it is compatible to the overall aesthetics to the City. I feel and so does our board feel that if we continue to let this degrade then we are asking for a slap in the face for everyone that goes down Cherry Lane. That is becoming a major thoroughfare in and out of the City. So it is public interest for everyone in the City and everyone that owns property in the City to see that something is done. We are here to work with you. We would prefer to see some sort of an LID if it could be arranged to put water on it and stagger a line of trees though there with the homeowners getting easement rights to that through their association and then collecting dues in phase one and two to maintain those grounds. We understand that the association of phase one and two is a defunct association. That is really a sad situation because there is a lot of real property out there that people have a lot of investments in. It is to everybody's interest to get this thing back on line and get that association on line. We in phase 3, 4 and 5 would be willing to walk petitions with you guys do whatever is necessary to see that something is done. Our board would even entertain down stream some cash to purchase trees. So we are willing to help, we would like to see something done, we would like the support of the City to do it. I believe there are a couple of gentlemen here from phase 1 and 2 that are in the association. Thank you Meridian City Council March 5, 1996 Page 20 (Inaudible) Sanders: Verland Sanders, I live at 1978 Incline. As Walt has stated I have served as President of the Homeowners Association on Cherry Lane No. 1. We have approximately 210 homes in that area. Our problem is that is a voluntary homeowners association. We in the past have asked for dues of approximately $25.00. Out of the 210 homes that are in that area we have received on the last three years approximately between 65 and 71 people pay dues. So we have supported that association a small portion of the people. The interesting thing that we found out out of the 31 homes that border Cherry Lane where the fence is last year we had eight people pay dues on that fence. We have maintained that fence and the ditch before they covered it every year. Walt and I and a lot of the neighbors have burnt that ditch for two years worked a lot of weekends out there. We have maintained the fence in the years past the homeowners association has to the tune of about $1800 a year to keep that fence up. This year when the County or the Highway District came in and widened the highway all of the people along that Cherry Lane was compensated for the property that they bought, the Highway District bought from them. Now I cannot tell you the exact amount, but rumor is and that is all I have to go buy because I never saw any checks but the rumor is they received approximately $1000 to $2000 depending on the length and width of that piece of property there. So all of those people along there have been compensated more than adequately to put up new fencing there. In the last month the homeowners association sent out to all due paying members a letter which we have a copy of and asking for a response and help to keep our association going. We received out of the 72 letters that we sent out we put the date of February 29th as the final date to hear back from the people, we received 16 letters back. Not one person offered to take up the cross you might say to continue the homeowners association. We had three very negative letters in response that why should we continue to fix the fence out front when the people have already been compensated for it and they don't have enough pride in their own property to keep their fence up. What I would like to see as past President of the Homeowners association I would like to know if the City can do anything to help us. I would very much be in favor of an LID out there and two or three of the homeowners that I have talked to there have said that they would be in favor of the same thing. I think that is the only way we are going to get them to put us up a decent fence out there. As far as association keeping it up we have got to get a mandatory homeowners association. To do that you have to have as you gentlemen know a certain portion percentage of the people voting for it. Well out of 210 homes we get 65 people pay dues so that is, the one year we had the most people pay dues Walt Casey and I went door to door and knocked on their door and looked them in the eye bawling and that is the only way we got them to pay. We are asking $25 dues, it is very very sad. I have reached the end of the line where I say there is nothing I can do. It is kind of like somebody hitting you on the head with a baseball bat after a while you say its time to get out of the cage. If they don't want to do something I feel that people have to forced to if i Meridian City Council March 5, 1996 Page 21 they have to be forced to take care of their property I guess we will just have to rely on you gentlemen if we can get any help from you somehow from the City because I can't see any other way that I can, I have done everything and Walt has done everything he can possibly do to get that thing across. Had they not been compensated for that land so they could put up their own new fence I think we might have had a chance with some of the homeowners inside. When you knock on the door and the lady says why should I put up a fence for those people when they are being paid for the fence. I am not going to pay dues to that I will put up my own fence in my own yard. So those are some of the responses I have gotten from the homeowners association members there. Until we can do something as far as a mandatory there I see no way that our association can force them to do anything about a fence there. I don't know if the City has anything they can do if you have any questions you want to ask I would be glad to answer anything that I possibly can. Morrow: I have a question, with respect to the compensation, was that compensation for land or what that compensation directly tied to the replacement of the fence? Sanders: That was compensation for the land Walt that I understand because of the right of way there and they bought some of that easement the Highway did when they widened that road. Morrow: So there was no tying the compensation to do anything with the fence. Sanders: No there was not. Morrow: The fence is currently constructed probably on the easement line as opposed to the property line. Sanders: It is on the people's property line, is that correct Walt? (Inaudible) Their line goes clear out to within 3 feet of the sidewalk. They own the land clear to the three feet out there. They have an easement there. I don't know, it has been quite a battle. Corrie: (Inaudible) and then the easement goes where the ditch is being tiled at that point. Sanders: I was discussing this with Walt and there has been an interesting thing that happened. Out of 41 homes we have four of them for sale now, we have four homes that are rental homes along there. So there are some problems involved with it I am sure. Still whether they are rentals or for sale they are still a property owner there and they are still responsible for that the way I look at it. There have been a lot of people that have expressed an interest in fixing a new fence there. I must say that one homeowner along there has put up a new fence. Mr. and Mrs. Brown contacted Nampa and Meridian Irrigation where the irrigation ditch comes across the highway they put in the great big Meridian City Council March 5, 1996 Page 22 lateral that goes there and Mr. and Mrs. Brown did extend their fence on out. They are the only one along the whole fence line that put up a brand new fence along there. They were the only people that had done that and he did express to me that he took the money and was compensated for the land and put up a new fence and extended his sprinkler system and everything out there. I don't know what else I can you gentlemen other than we as homeowners have supported and taken care of it and we feel that the people that live inside now (inaudible) why should we continue to fix up somebody else's fence when they are being compensated for it. Morrow: Let me ask you this, have you tried the approach those people that own that land that is between the right of way line which would probably be the 2 or 3 feet that you are referring to and the fence line. Have you talked to them about deeding that land to a homeowners association since they are not using it and don't wish their fence to be there? Sanders: No we have not because as far as homeowners we are struggling right now to keep that afloat Councilman. We don't even know if we are going to, to be very honest with you. Morrow: Well if everybody deeded that property and created in a sense one lot than it would be owned by all of the homeowners association or the association that Mr. Crofts represent and be maintained in that manner. Sanders: I am very much in favor of anything that we can do if you want to know the truth. I am for anything. I would like to see that fence replaced and the thing up there nice too just like (inaudible) I don't know how to approach it as far as myself as past president I can't force them people to do anything. So, without any teeth in our covenants I am pretty well limited as to what I can do. Corrie: Mr. Crookston, what percentage does it take to form an LID along there, the people's agreement, 100%? Crookston: There are two fashions in which we can have an LID formed, 60% of the homeowners within the confines of the district or whatever those are. Whether that is Chert' Lane Village No. 1 and 2 or the lots that front on the old ditch or whatever. It takes 60% to elect to have an LID. The City can put forward and LID on its own. Corrie: The other possibility then would be if they decided to deed that land even to (inaudible) plus the other homeowners in 1 and 2 (inaudible) build a fence along the sidewalk (inaudible) that would still be, I don't whether you want to go that far or go out four foot from that (inaudible) suppose you could do that. That is 3, 4 and 5 (inaudible) for 1 and 2 but I don't know. That is something we can look at is the LID could be a very good 0 • Meridian City Council March 5, 1996 Page 23 possibility. I (inaudible) if they don't do that the City can do it for them and then charge them and make them pay for that they can do that, is that correct Counselor? Crookston: That is correct. Any other suggestions from Council or ideas that you might have at the present time? Croft: Mr. Mayor and Council, Mr. Crookston on the City effecting of LID what could they do under an LID, could they put up a fence? Crookston: I believe we have never put one in effect by the City on its own. We have done two of them for the downtown area the streets. I am not exactly sure what an LID can do, all that they can do. They can put forward and idea and have that stated as to what the purpose of the LID is and you can have that purpose be I suppose as straightforward as putting up a six foot fence all along the old fence was to as much as saying we will have it be that we will put up the fence and we want to have diamond studded top runner along there which is not going to pass. It is pretty much what is put on the LID. Croft: In case the City gets involved in the LID do they need to get 60%? Crookston: No Croft: In other words they just do it. Crookston: The City can do it. Croft: What about the follow up maintenance and upkeep? Crookston: That would have to be done with the type of LID it was that there would be either a group form or that it would be stated that the LID be maintained by all the people within the LID group, the area. The area needs to be set forth as to who is in and who is not in that area. Croft: In case the City would entertain an LID there would they incorporate all of the people in phase 1 and 2 into that LID to pay for it, or just the people along that back up to Cherry Lane. Crookston: There is no restriction that I am aware of that they have a certain number of people or if they are within let's say 300 feet of the old ditch the entire Cherry Lane Village area including even into the Lake at Cherry Lane. Croft: What I am getting at is we in phase 3, 4 and 5 are willing to help phase 1 and 2 but 0 0 Meridian City Council March 5, 1996 Page 24 we are not willing to shoulder the entire burden of the lackadaisical attitude of phase 1 and 2. Now we also have a common area down Ten Mile which we have about a third of a mile right now. We will eventually have almost a half mile of fence that we maintain and common ground down Ten Mile that is landscaped and sprinkled. We do not want to inherit anything or assume anything of phase 1 and 2 since they are not willing to take care of their own. I don't feel that it would be appropriate for anyone other than the people in phase one and two to inherit any cost factor from any LID that would go down Cherry Lane. The City would have a responsibility there or liability there because they own the golf course and that is the primary entrance to the golf course to assume part of the cost of the LID. Because it is going into your golf course. That is the way I see it, I am feeling this thing out I like to get it felt out. To entertain the City doing an LID fine as long as the spread the cost of phase 1 and 2. If you want to do a petition prior to the LID giving those homeowners an option in phase one and two either the City does the LID or phase 1 and 2 get your act together, put your association together, start your dues and do your own LID for a fence and maintain the upkeep and all of the fence out of your own association dues. Those two options for the fence. I am afraid as far as the people that own that property back to the sidewalk there any of those properties are mortgaged them deeding that property to the City I don't think the mortgage company is going to go along with it or deeding it to common ground. You would be better off for an easement along those properties then you are not accepting real properties from it you are just accepting the use of it. Again, we stand, phase 3, 4 and 5 monetarily give phase 1 and 2 whoever does the LID or whoever does what to give them some money to to support the cause. Not only give them money but we will also give them leg work to support any petition they want to generate and pass out. To get the information out to the people to get them interested to generate a spark, build a fire, get some initiative going. It is to everyone's benefit to do it. The last straw we would like to see, if everything else fails we would like to see the City initiate and put into effect an LID to have the fence installed and to provide funds for future maintenance of it. Thank you. Corrie: Is there anyone from the Council that would like to work with the committee that is out there to liaison with the Council for some ideas on what the association committee that can be formed for 1, 2, 3, 4 and 5, Mr. Rountree? Rountree: I would Corrie: Anyone else that would like to do that? Okay, Bob? Morrison: Robert Morrison 3841 Woodmont Drive, I live in that area along with three of you that sit up there. I have an easement across my property which is very small lot and a weed wouldn't get a chance to grow on my place. I don't see why the City should have to spend any money for the private property those people own. Does the City have a week 0 • Meridian City Council March 5, 1996 Page 25 abatement that they charge against those people to take care of that property. I have the same easement as what they have with the water company that goes across my small lot. I think that the people that own the property should take care of it. They have been compensated like the others have said for enough money to take care and move their fences back to that area. Why should the tax payers of Meridian spend one dime to take acre of it when I am most positive that we do have a weed abatement of some sort in the City of Meridian that forces the property owners to take care of the weeds. Just like anybody else we would like to see the area cleaned up but if the area was cut down to a couple of feet it would be a lot easier to take care of than what is existing at the present time. So why should the taxpayers of Meridian, are they going to come take care of my easement? So why should they take care of their easement. Corrie: Thank you Bob, I don't think the City was going to pay for that. That is what we are trying to do if we get this LID (inaudible) all together but the City wasn't' going to pay for it having it done. Morrison: Well like I say Bob those people own that property so why should the other people in the track have the responsibility of taking, we have taken care of fences for years, I don't want to spend another dime on their fences. So why not make them take care of their own property. I have my easement that I have to take care of. Morrow: Mr. Mayor, if I might answer part of the observation, with its weed ordinance the City has the capability of weed control on private property and charges back by virtue by assessment to the property the tax and cost of that maintenance. So the City does have the capability of doing that. The land owner ultimately pays when they pay their property taxes for that cost. Corrie: (Inaudible) Sanders: Mr. Mayor and Councilman I have talked with different members along the fence. I think the thing that is more prevalent is the homeowners along there I think would put up a fence if we had an LID of some king. I am with the gentleman who just spoke. I have talked with so many of our homeowners in that area they say why should we go out there and put up a fence when they have been compensated. So I think if (End of Tape) and that is what they are leaning more in favor of than anything else. Because we have (inaudible) and we have two or three people along there who probably do not agree so we have to have a way of making them say okay this is what we are going to do. (Inaudible) bunch of steel posts on another guys and (inaudible). Also we have a problem with Nampa Meridian Irrigation, as they have put clean out boxes on those things and I came off of a rural farm so clean out boxes to me are a real mystery as to why they need one every ten feet. I used to put a ditch cleaner on the back of the truck and run down the ditch, and I 0 Meridian City Council March 5, 1996 Page 26 0 understand these are piped in. I see some of the boxes are off set there. I realize they need to access to those boxes to clean them out. So whatever fence goes up there they have to fence around those boxes. I don't think that is a problem, I think people understand that. Also on Golfview which is the subdivision next to us, they have done a new landscaping on the berm and stuff and they are putting some decorative rock and some I talked with a gentleman just last week and he said it is not a bark but it is (inaudible) doesn't blow away and doesn't fade. I talked with three other people along the fence and they thought in the area between the sidewalk and the fence that we have to meet with City code that is something that would be nice because there would be no maintenance. So (inaudible) that is what they are leaning to and I don't think the City would have a problem in getting a lot of the people along there if we had an LID that said (inaudible) but I can't do that as a homeowner because I don't have the power or any authority to do that so we are going to have to rely on you gentlemen to (inaudible) and I think also Meridian irrigation has to be taken into account there. Corrie: Okay, why don't Vern and Verland and you have a committee of people out there together we will set up a meeting and Mr. Rountree will work with the Council and see if we can't work something out with the people there as well and get that taken care of. Morrow: Mr. Mayor, could we also have Wayne Crookston prepare for a little legal paper concerning what all of our legal options are and what the potential problems are and so on and so forth? Corrie: Yes, Mr. Crookston would you do that please? Crookston: Yes Corrie: Thank you folks for bringing that to our attention we will work with you on that. Could we have a five minute recess in honor of Max Yerrington with the Council's approval of course. FIVE MINUTE RECESS ITEM #9: RE -SUBDIVISION OF CHERRY PLAZA PRESENTATION - STEVE SWEET: Sweet: Mayor, members of the Council I am Steve Sweet, I am here with Chris Beeson who is a principle partner in Cherry Plaza Association and Tom Thorson with Albertson's real estate development. The site that we are talking about is the existing Cherry Plaza shopping center located at Cherry Lane and Meridian site that I would like to talk to you tonight about is 12.6 acres. I will tum on the overhead and step into some of the points we would like to discuss. Cherry Lane and Meridian (inaudible) with 21 other businesses Meridian City Council March 5, 1996 Page 27 (inaudible). This site is comprised of a 9 acre parcel of ground (inaudible) zoned C -C, 3.6 acres not annexed to the City zoned rural transition. The site (inaudible) is vacant ground and (inaudible) Cherry Lane zoned C -C (inaudible). Between the site and (inaudible) there is another unannexed piece of property zoned R -T (inaudible). The Settlers Canal is northwest of the site (inaudible) Ada County RT zone (inaudible). Our request tonight is for one action and (inaudible) What we would like to do is (inaudible). These two sites would be formed in the area that is currently annexed and zoned to the City. The 3.5 acres outside the City in Ada County is not part of the re -subdivision request. Concurrently with the request of the City for permission to proceed with the re -subdivision we would like to file an annexation and preliminary/final with the City. We would like to divide the City into four parcels, one Pioneer Federal Title or Credit Union, two an Albertsons site which includes a portion of the to be annexed property. This area here is currently in the county we would like to once this is annexed plat it and we would also like to continue with the platting of (inaudible). The remaining shops will be lot three, this is a little bit out of order I hope that makes sense. I would be happy to go back to any of the over heads. As we have studied the site and visited with staff and Shari has been very good to work with, going through the issues. We have run into one question on whether or not this can be done this type of division can be done. Last month, the month of January, Ada County processed 1400, 90 of these deeds were for similar type of lot division. In the previous year I provided Shari with a letter there, there are a number of lot divisions (inaudible) very common in Ada County. The issues we have identified is we have talked to the members of the community and the Council about parking, traffic circulation on the site, landscaping. CC&R's for the subdivision, annexation plans for the site, curiosity about Albertson's long terms strategy for the community of Meridian. Chris Beeson would like, is an owner and representative of the site and resident of Treasure Valley would like to address a number of these issues and Tom Thorson of Albertsons would like to address some of the Albertson's comments we have heard interest in. With that I would be happy to stand down unless there are questions and then I would like to reserve just a closing comment at the end. Corrie: Comments from Council, questions? Rountree: I have a couple of questions related to the re -subdivision. (Inaudible) on the re- subdivision you are proposing to break out two lots on the present property. Sweet: Present and annexed property that is correct. Rountree: And then ultimately after annexation you will have four lots. Sweet: That is correct. 0 0 Meridian City Council March 5, 1996 Page 28 Rountree: Would it take any more time to break the parcel down and the resubdivision into three lots and the annexation, preliminarynal plat just amend the one lot and add one lot that would be annexed. It seems to me that administratively that would be a lot easier, but i don't know. Sweet: We could do anything that your staff will allow. Rountree: I ask that because you start with two and you end up with the four. You are resubdividing one lot that is eventually going to be two lots and. Sweet: Under the lot split provision lots of record prior to a passage of a community or county zoning ordinance are allowed one pre -split and that is the premise we are operating under. Morrow: Can I follow up on that question Mr. Rountree? My question for Steve would be you are taking advantage of the pre -split to get the two lots then it seems to me like there is a missing link here when you do the, how do you get the two lots into four lots adding the other property and the changing boundary of the re -subdivision. Is there not a step in there someplace that has to take or add property to one lot, takes away property from one lot and then creates a fourth lot and the third lot in a sense stays in the same configuration. Sweet: Internally there would be some passing of deeds between Chris and Tom as the plat was taking place. The process would take place transparent to the community as the passing of deeds (inaudible) I think that is what you are asking there. Morrow: Yes I am asking that but also I am asking do we not as a City have to do something to create, aren't we ending up with a different aren't we really going through two plats here? Sweet: The lot line adjustment for property, we are doing a resubdivision of unsubdivided ground which is allowed by application to the City Council. Morrow: I understand that. Sweet: I am not sure if we are doing two plats or not. Morrow: Well maybe Mr. Smith can enlighten us from the staff point. Smith: Mr. Mayor, Councilman Morrow, Steve, I was wondering if your overheads art at the same scale would it be of a benefit to overlay the resubdivison over the annexation and preliminary final plat, perhaps that is the question that Councilman Morrow is asking how 0 Meridian City Council March 5, 1996 Page 29 those lot lines layout. Sweet: (Inaudible) Morrow: I understand all of that, the question is now when you create, now we have two lots correct? Then when this process goes forward, put on your second transparency over the top, now then what happens is you have lot one, we have also moved that lot line between lots 1 and 3, we have moved that south and creating that lot. We have added a portion of what would be lot 4 the zone and annex thing. It seems to me we are missing a step here in the paper work trail. How do you get to that point? The resubdivision you create the two lots and then when you do an annexation with the preliminary and final plat it goes into four but you are also changing the property lines of at least 3 of the pieces of property. Sweet: (Inaudible) Morrow: How does it work from the City standpoint is what I am asking. Sweet: I don't think you see that, I think it just shows up (inaudible). Unidentified Speaker: The reason you don't see that is the City itself doesn't control the conveyances, what they control is the issue of building permits if they know that a lot has been illegally subdivided. So, there would be a time here when the property wouldn't be maybe microscopically record the deeds right after you recorded that so you had your legal ownerships of the properties coincide with the plat lots. It would take some deeding back and forth as you have noted. So if there is a concern about that we can make that a condition (inaudible) It wasn't clear when we looked at the provisions of 604 A that would allow you to create more than, it just talks about the resubdivision of lots. We didn't ask the question whether or not (inaudible) into 3 lots. We knew you could probably do two because it is just similar to a one time split (inaudible) that you could make the first three lots as just part of that 604 A resubdivision. I just don't know the answer to that. Morrow: I guess that is where I am trying to get to. Unidentified Speaker: We also felt that there was a benefit to the City by annexing a piece in the back. From our standpoint that was fine from both Albertsons and our standpoint to do that. So since we were here in a sense asking the City to do something for us we wanted to know what we could give back to the City for doing something for us. One of which was to bring this parcel of property, this lot four which isn't used under any plan that we have now within the jurisdiction of the City (inaudible). ! 0 Meridian City Council March 5, 1996 Page 30 Morrow: I guess you covered that in your presentation of your part. Beeson: My name is Chris Beeson, the goals of my partner and I acquiring the Cherry Plaza Center was to bring local ownership of the shops portion back to Treasure Valley, improve the appearance over time. In response to comments from Council improve and enhance the traffic circulation yet try to maintain the parking capacity. In discussing it with staff who has been very helpful in trying to guide us through this process we have discussed doing some landscaping and adding it to that center to provide a service definition to what is other wise a pretty flat parking lot out there. Some of the things we have talked about is adding some end island planter areas like maybe in the corners to provide more guidance for traffic circulation in there. The other thing that we (inaudible) during the planning process would be to, in this entrance area here where they currently have the striping on the pavement we could put some planter areas in there which might help the traffic circulation to prevent the left turn from going in that first drive isle, there may be a way of enhancing that circulation problem where cars get backed up trying to cross through there, which was one of our thoughts. As to the traffic circulation, those were the two main things would be possibly end isle planters with the raised curve and tree or whatever it would take in there according to the ordinance. Which would also kind of mark off the corners of the parking lot so people would know to drive around not to (inaudible) of the parking area. It might be possible to do signage to control of that, what I understand is a traffic stacking problem coming in and off of Cherry Lane going in front of the Center. CC&R's that we would develop between Albertson's as to their parcel and our group as to our parcels meaning basically the bank pad and the shops pad would provide for cross parking and access, architectural control over the center between the two sites so it would be a common look and hopefully the shop sites would be improved to the standards that Albertsons is done in their remodel. It would also have maintenance standards for the center which currently doesn't really exist. As to the annexation the one thing that we as owners want to get out of that is to legally add the truck turn around parcel to Albertson's piece and the ultimately want to have that. As to the rest of it we don't have any particular development plans for that but as part of the process through a development agreement can provide for the future control of the parcel by the City when that future plan becomes available. We would hope that if some of the property next door becomes available and we are able to acquire it that we could expand the center to the east and hopefully improve some of the parking problems that are there now. If we did that we could probably get some use out of that property in the back otherwise I don't really have an answer for what is possible out of that piece in the future. It just happens to be there and connected as part of the deal. Corrie: Questions from Council? Thorson: My name is Tom Thorson and I am with Albertson's grocery stores in the real Meridian City Council March 5, 1996 Page 31 estate department. I will just be real quick and brief and summarize. Currently Albertsons is a leased tenant at the Cherry Plaza store. Thanks to Mr. Beeson and his investors we have an opportunity to purchase the land and building at that location, If we can complete that transaction it will commit Albertsons to be a long term citizen in your downtown area and in your community. We are excited about that idea and we would like to do whatever we can possible within reason to achieve that goal. That is why we are here tonight to ask you to act on this what we have requested. That is all I have. Morrow: I have a couple questions. We are a community struggling for grocery stores and as you well know at one time Albertsons had a monopoly and kind of blew it. I guess my question is one what is the status of the store at, and I support this by the way, what is the status of the store at Ten Mile and Cherry Lane and when in the heck are you going to go on the other side of the freeway with a project so we don't have to answer anymore of those folk over there about having to drive forever to get to a store? Thorson: In answer to your first question, the Ten Mile and Cherry project has been submitted to the City for plan review and check. We anticipate starting construction towards the end of April there. That is when we anticipate our site work the store would then be open, the grand opening date is near November to the first part of December. As far as anything on the, I imagine you are talking the south side of the freeway, we don't have anything currently on the drawing board over there and I imagine it will just be a factor of how that area builds out. Morrow: Let me tell you this with the amount of subdivisions and stuff we are doing there we could make this deal here contingent upon you getting a site over there. Thorson: What I could suggest if possible if the City has building permits out in that area current building permits for the last few years it might help with some of our population estimates to help support the development of a store out in that area. I would certainly welcome that information and pass it on to our economic research department. Morrow: Let me suggest this to you economic research they need to take a page out of old Joe's book and get in the car and drive over there and look at the strollers and folks and all the dirt underneath and then come take some scolding that we have to take because there is no store there. What I am trying to do is get the hot seat from us to you. Corrie: Any other comments? Bentley: Mr. Mayor, since you are standing there Steve I will talk to you and see if you passed on the information that you and I exchanged (inaudible) passed some of it on. Did you talk to the two gentlemen about my suggestion of extending the south entrance off 0 Meridian City Council March 5, 1996 Page 32 Meridian clear through to approximately where Mailbox Etc. shows up? Sweet: Mr. Mayor, Councilmen, yes, we have discussed it we do not have an answer. We have a proposal (inaudible) We have talked about extending the landscaping in here and perhaps developing and access in this area which would bring people. A current conflict is this movement (inaudible). I don't have that answer, I did spring it on Chris this morning and Tom and talked about it. We are going to have to look at it. I think with some use of islands and some landscaping the circulation on the site and on Cherry Lane at 1 st can be improved. We would, I should let Chris make the commitment. Bentley: Also I discussed with you what you have marked there as a permanent access bringing it clear through to where it runs into approximately where the Mailbox Etc. is so we have a straight pass through the center of the shopping center instead of having people weaving up and down the isles. Beeson: We talked about this morning we haven't had time to have the people at Albertson's who are kind of masters on how that traffic circulation works and how to work that out. Our initial concern frankly was that because that isle will be about 27 feet wide it would take each drive isle it would take about 6 parking spots which would be and this center, so it would be maybe a loss of 25 parking spaces some of which may be able to be recouped at the ends if those are extended. The one thing about the center that is and I am sure that you are more aware of it than I am by todays standards although I am sure this was state of the art when it was first built a long time ago, it is under parked pretty bad. There are only about maybe 300 and some parking spaces in the front and by todays standards you want to have almost 500 out front. So I don't know what the impact of losing 25 spaces would be out there in conjunction, although it would probably help the traffic circulation I don't know if it would make it worse because of the lost parking. That was our only initial reaction. Bentley: I think on this situation we really need to have a traffic study done out there. I don't know if you have been there at 5:00 at night. We had people lined up in the left turn to make a left turn on Fairview and Cherry and a guy got on the left side of the island and went straight across. Beeson: I have done that, I got on the wrong side of the island. Bentley: It was amazing he didn't end up with a head on or a side swipe crash out there because we had to sit and wait for the light to change to see what would happen. But it is a daily occurrence I have seen them come in on the left side of the island coming off. That is a real problem there. Of course the shops that you have marked Shop A doesn't give you any room for a whole lot of maneuvering in there. So if you can (inaudible) to stop that 0 0 Meridian City Council March 5, 1996 Page 33 first left turn it would help a lot. Beeson: That is something without even thinking about we knew we could address because it doesn't degrade the parking any. The other parking, the (inaudible) into one lane because we know we could get enough back there but I don't know if that would add enough to solve the problem. We just didn't frankly have the time to resolve it. Steve did mention it and we did discuss it and that was our only concern. Bentley: The other concern I would have on the split, the parking lot is starting to get pretty aligatored up out there, I don't know what the plans are for resurfacing your parking lot but I think it should be done the entire parking lot not one unit takes care of theirs, another unit takes care of theirs to where you are going to end up with conflicts in water drainage. Beeson: It would be done in conjunction with both sides. The declaration requires that and it has already come up from Albertson's standpoint one of the things they have mentioned is that they want to increase the maintenance standards at the center and specifically the design and declaration (inaudible). Corrie: Any other comments from staff? Tolsma: (Inaudible) you mentioned to Chris about the possibility of putting some (inaudible) where at night time that parking lot is (inaudible) I don't know whether the employees park there in the day time or whether if nobody goes back there at night but we parked out there several times to go into the Kowloon place and like that and we are probably (inaudible) and yet the whole front end is packed (inaudible) it is not noticed anywhere that there is parking back there. You drive along the back side of Round Table and it is just a fire alley. The only way you can get back in there is (inaudible) there is really nothing (inaudible). The people I talked to are really hesitant to park there because they say it is like walking into the back of a building. They don't like to park back there (inaudible) there is really nothing there to like a (inaudible) there is nothing there at night (inaudible). Beeson: Well as the owners we would want to respond to any suggestions particularly that the community would have to do that because particularly on that issue where parking is limited the more people that we can get to use the back the better. I was not out there in the dark but I did notice that there are quite a few big lights back there so that it wouldn't be dark. One of the problems frankly that I don't think is a problem in Meridian but companies like Albertsons that have the larger stores they are reluctant to require their employees to park behind buildings because of the security issue. They will let them and with signage and maybe lighting over the (inaudible) would be things that we could do to enhance the use of that. The owners have every incentive to do that (inaudible) requiring Meridian City Council March 5, 1996 Page 34 people to park back there. Tolsma: (Inaudible) there is nothing there that directs people back there. There is no signage and people walk up to the back door and they look out there and it is like (inaudible) but I have had several people say they are kind of reluctant to park back there at night because it just looked like it was a no man's land even though there are lights out there. (Inaudible) There is not to show that the place is open. Beeson: Well we could do it with signage and things that various establishments could to do encourage (inaudible) parking back there. Tolsma: (Inaudible) Beeson: There is one through the mall, I don't think they can go through theirs because all of that back of the store is all storage and stuff. (Inaudible) I noticed that there are, for the liquor store that is their storage back there (inaudible) I don't think any of them have (inaudible) Sweet: I think your comment is an excellent one and perhaps some of the ground to the west comes into play with the annexed piece. It is easier to make an access road inaudible) brave soul to go past the service entrance back there to get back there. (Inaudible) Gentlemen we have an opportunity for a new local owner and Chris Beeson acquiring this site. He is working with Albertson's and has brought Albetson's to you. (Inaudible) and they are excited about being here. We would like to request a motion or permission from the Council to allow the resubdivision I passed out an example motion for your consideration and modification. We would like to have the Council allow the resubdivision and then furthermore currently with the submittal for the lot split enter into an annexation request with the City and submit a preliminary/final plat, paying all the normal fees in addition to this we would anticipate that the conditions would require a landscape plan for staff review and approval which would improve the appearance to one of the communities gateways, improve the traffic circulation and also we would include some cross access easements are agreements and parking agreements between the sites. Our request is for a motion something along those lines. It has been my pleasure to speak with you. Corrie: Thank you Steve, does the Council have any comments or questions? Morrow: Mr. Mayor I have two, one is that I would like to have Wayne comment on the, I am not sure that we can make motions tonight because there is not a formal application that we are dealing with so I would like to have his comments on that. Meridian City Council March 5, 1996 Page 35 Crookston: To my knowledge there have been no applications for annexation or subdivision, is that not correct? Sweet: There has been no application for annexation, there has I have not seen the form for the application for resubdivision other than reading the ordinance and that was the intention of this submittal was an application for a resubdivision. The ordinance reads that the application is for unplatted ground, it is dependant upon the approval of the City Council. What we are requesting tonight is the approval of the City Council (inaudible) to continue through on the resubdivision. Crookston: I think that the Council cannot give you any type of preliminary approval for what you have suggested this evening. I have no problem with the staff saying well it looks like it will work or whatever go ahead and submit your application. The Council cannot give you a preliminary approval which they may get (inaudible) until the whole thing is actually submitted. (Inaudible) Crookston: I have not looked at that particular ordinance. So I am not sure, Shari do you have a comment on that? Stiles: Mayor and Council, what they are requesting tonight is not for your approval for the ultimate subdivision. What they are asking for is the very first picture that he showed you which legally once they have ownership final ownership they would be allowed to do anyway. This is something to go to the County and do anyway as a one time lot split to make simply two lots. What Mr. Sweet is suggesting is asking is just to have your blessing on this one time split, it is not a lot line adjustment because that would have to be a preliminary plat recorded lot in a preliminary plat, but the City at least as long as I have been here has allowed parcels to be split one time as long as they have met the requirements of the ordinance and have not been changed since our date of April 2, 1984. Steve has done extensive research and had convinced me that this is eligible for that. It it is a little unorthodox because of the configuration of the split they are doing. In a way it is an avoidance of following the platting process because what you see here is not what they want to end up with. They are simply coming to ask you blessing to do this split and offering letting you know that it is your commitment to come back with the annexation and zoning and the preliminary plat to do it how they ultimately want it to be and to work with the City to try and make a better product for everyone. Sweet: We would be coming to Shari is exactly right we would be coming back upon the blessing of this configuration on the overhead. We will be coming back with an application for preliminarynal plat and annexation. That is why, we want to create the legal lot, the 0 Meridian City Council March 5, 1996 Page 36 two legal lots there just so the deal is clean with Albertson's. You has a City has a right to have something cleaned up and we are cleaning up some landscape issues that we addressed when this was outside the City and developed years ago. There are some circulations problems that could use some improvement that likely under a platting process the City may have a difficult time. We are making a commitment to come back and work with you to address that. There are some concerns about the CC&R's out there we would like to assure you those will be brought forward for your review and incorporated in the plat. Crookston: The City can give their indication that they think that this is a plausible idea. I don't think that it is appropriate for the City to say yes that is fine we would approve it because it is not before you. I think that individually you can address Mr. Sweet and these other gentlemen and there is no problem. But if the request is Mr. Sweet that the City say yes this is a good deal we would approve it I don't think the Council can do that. Bentley: I have a question, if by the ordinance they are allowed one free split then who do they talk to to get it? Corrie: That would be the County. Crookston: It would be the County because the land is in the County. Corrie: Correct me if I am wrong I don't think you are asking the Council if they would look at this. They are getting our general comments of what we see. If you go to the County and get the one time split or resubdivision excuse me then you come with the other plats and (inaudible). Sweet: Our intention is to keep the City fully informed of what has transpired on the site. Bentley: But isn't that Plaza in the City? Crookston: The plaza is. Bentley: That is the split he is asking for right now, he is not asking for the annexation part right now. He is just asking to split the Cherry Lane Plaza. Sweet: Perhaps I could, perhaps it might be appropriate to give you an excerpt from the ordinance. There is a provision in the ordinance which allows the resubdivision of ground upon application to City Council. I have the entire ordinance here if you want to take a break and look at that and perhaps I could talk to staff or Council. Perhaps to take a little heat off of Council we could ask the City Engineer if he might have an application that Meridian City Council March 5, 1996 Page 37 would be different than what has been submitted tonight. (End of Tape) Sweet: This is our application to Council. Smith: I am not familiar with, I am really not familiar with that terminology. Sweet: That is what Council is looking at right now. Crookston: It appears as though an application can be made for the resubdivision and the City can then in essence decide what portions of the subdivision ordinance should be met and inform the applicant as to what that is. So I would say that the City could probably do that but I think that they really have to have some type of application for the resubdivision, just a letter to the City saying this is what we want to do. So that they have something to act on. Corrie: Is that not the letter that they are asking here Counselor? Did you not get one? Crookston: I probably have this. Beeson: The (inaudible) we wanted to take on this we know there is the Ada County one time split provision but when you are in the City it doesn't seem like that would be appropriate to go kind of around the City directly to the County Recorder by doing something. When we saw this provision in the code it seemed to be analogous to a one time split provision. It is not called that but it seems to work the same way. It didn't provide any details with it and it didn't go through the other areas that would normally be done so that is why we presented it directly to the Council in this fashion hoping that would ensure our faith with the City that we are not trying to do something behind anybody's back. We kept it simple in saying as Councilman Morrow so aptly pointed out, this is really like a two step here and the first step is just an interim step and we know that but at least it only creates the two lots would seem to comply with the ordinance and yet we would continue on with the rest of it because we ultimately would like to have everything brought within the City and have it formerly subdivided to allow. What Albertson's really wants is to make sure that their parking lot extends to the street on Chert' lane. If you look at what we are doing that is really the only difference between the two ultimate end results other than we brought the piece in the back into the City and that works too. Their preference from a real estate planning standpoint is always make sure that their parcels extend to both streets. Since it is covered with cross parking and cross access that is okay with us as the other owner. • Meridian City Council March 5, 1996 Page 38 0 Crookston: The land you have outlined in the pink or orange whatever color that is (inaudible) is that in the City now? (Inaudible) Crookston: So right now you are just dealing with the land within the green area. Beeson: Which has been one parcel of property since it was acquired from (inaudible) and I think 81 or 82 before the ordinance was adopted. (Inaudible) Crookston: It would appear that the City can basically do what Mr. Sweet is requesting if you have totally reviewed the information he has supplied and feel comfortable with it you could do that. I think that you need to have some suggestions by Gary and Shari as to what requirements need to be met as far as how much of the subdivision ordinance do you want them to file and comply with. That is all I would have to say at this juncture because we have never done this before. Morrow: Mr. Mayor, it seems to me the issue here is two fold, I think that what really we are looking at tonight is just maybe a vote of support of the split and then from my perspective all the other items in terms of annexation and zoning and so on and so forth would occur in the normally occurring process. So I see that is about where we are at here. By doing it in that manor we have no commitment on the part of the Council to taking anything out of sequence. We have still incorporated all of our staff in our normal procedures that would apply for a subdivision annexation process. Which is what this becomes at step two. Because in step two that is when the property boundaries change and that is all part of the same procedure as I see it at this point. Corrie: That is where I see it too, that is correct. Morrow: Having said that the other thing that we need to address from my perspective is Ethics in Government Act in Idaho requires a Council to make a decision when there is a potential conflict of interest. I do own stock within Albertson's company, I would lean toward the guidance from the Counselor as to how the Council makes a decision whether I have a conflict or not and leave that to him to decide. Crookston: Does that mean since I own a couple of shares I have a conflict and can't give you an answer? Morrow: Probably, so you are in tough shape. 0 • Meridian City Council March 5, 1996 Page 39 Crookston: I don't feel that is a decision of the Council, I don't feel there is a conflict unless you own (inaudible) Corrie: Do you own 20% of the shares of Albertsons? Morrow: Not yet Corrie: I guess the Council can make that decision, I don't think that, do you think you have enough shares that would cause you to be (inaudible) Morrow: My point is that Ms. Baker only did $1000 worth of business with BFI the Fourth Judicial Court saw fit to set aside the decision of the Council based on $1000. 1 think it is prudent in these issues that we as Councilmen bring them to the table if the Council is comfortable with us voting then they can make that decision. So I think that we need to follow that precedence that has been set within the City of Boise no matter what the perceived conflict may be or how small it might be or how large. So that is my line of thinking. Bentley: I have no problem with that. Rountree: Mr. Mayor it is not an issue with me Tolsma: (Inaudible) Crookston: You should have a vote on it. Rountree: Mr. Mayor I move that we as a Council consider the potential conflict of interest with Councilman Morrow, that there be no conflict with his ownership of stock in Albertsons' Corporation. Bentley: Second Corrie: Motion made and seconded, motion made by Mr. Rountree, second by Mr. Bentley that there will not be a conflict of interest with Mr. Morrows shares in Albertson's stock and making a decision as far as this application is heard, any discussion? Hearing none I will call for the vote, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Morrow you may vote on this. Meridian City Council March 5, 1996 Page 40 Morrow: Mr. Mayor I would move that we offer endorsement of the lot split as per the configuration and that lot split occur with the County and then application be made by the parties for the normal subdivision annexation and zoning process with the City of Meridian. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley, you heard the motion any further discussion? Hearing none I will call for the vote, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Sweet: Mr. Mayor, members of the Council and Staff thank you very much. ITEM #10: RELEASE OF NON -DEVELOPMENT AGREEMENT ON BEDFORD PLACE: Corrie: You have that release of the non -development agreement in front of you Council, what is your pleasure? Any discussion? Morrow: I would like, this would be the first release that we have done in my time on the Council. I would like to have Counselor take us through this process or at least take me through this process. Corrie: Counselor would you take us all through this process? Crookston: I have not looked at this application this evening, Smith: Mr. Mayor and Council members, maybe I could help. Since the letter wrote the letter to me and I have had some discussions with him on the, I guess it is the third or fourth page of the packet you have, title non -development agreement at the top of the page, fifth paragraph from the top of the page. Starts in capital letters developer, I think we read through that paragraph pretty well spells out what the developer is required to do as part of this non -development agreement. "The developer hereby agrees that no improvements will be installed in said subdivision lots as required by the City without the prior written permission of the City." That is what he is requesting. "If developer desires to install any of the said improvements for said lots then said developer shall submit a written request to the City which shall contain a detailed description of the limited improvements which are desired and estimated time and cost of such improvements. The City reserves the right to require an irrevocable letter of credit or cash deposit or surety agreements in the amount sufficient to secure the full and adequate performance of the developer. Upon such stated improvements and detailed construction plans such surety 0 Meridian City Council March 5, 1996 Page 41 deposits will figured at the prevailing construction cost as determined by the City. He has submitted along with his letter a copy of on the third page a copy of the improvements that he would make on those lots that were part of the non -development agreement. It would be my recommendation as City Engineer that he does submit a letter of credit for the installation of those improvements. Corrie: Or a cash deposit. Smith: Anything that is liquid to the point other than a surety bond. I think that is (inaudible) what he is requesting. I will refer to Wayne to add anything to that. Crookston: I don't have this packet. Rountree: Gary, I guess for my own understanding this is an agreement with the developer (inaudible) Smith: Yes Rountree: And (inaudible) than the City wants some assurance that it is going to get done. Smith: Yes, initially the developer submitted a plat for a certain number of lots which would include the improvement thereof. That plat was approved by the City Council, that plat was recorded at the Ada County Recorders Office. Then he came back with a request for a non -development agreement because he decided he didn't want to develop all of that plat. At that time the Council said alright, we will agree to a non -development agreement for a certain portion of this plat. So, in effect they drew a line through the plat and figuratively built a fence along those lot lines and said everything north of this line we are going to develop and improve streets, sewer, water, street lights, etc. and sell these lots. South of this fence is part of this non -development agreement. When we decide we want to develop these lots we will abide by the conditions of this non -development agreement. That is what he is submitting in this packet. They now want to build those improvements so they can sell those lots. The following, the second paragraph below that one that we read says that he agrees not to sell the above referenced lots in the subdivision during the term of the agreement or until a new irrevocable letter of credit or cash deposit surety has been issued and delivered to the City or until the required improvements of such subdivision are completed in accordance with the current City standards and specifications. Morrow: Gary, question, on his paragraph three, he is suggesting that we leave the non - development agreement in place while we instruct these improvements and release it near the end of the construction. We will bond any items not completed at that time. So my question here is that he is basically asking for either or. He is asking for a total release of • Meridian City Council March 5, 1996 Page 42 the non -development agreement or if the Council is more comfortable leaving the non - development agreement in place until those improvements are done. I guess my question to you would be is under the one we are asking for a bond or letter of credit and under the other is he suggesting that there is no bond or letter of credit done up front. He is stating he will bond any items not completed at the time and I am assuming that means that at some point he wants to bring the non -development agreement off before he has completed his construction of improvements. Smith: Yes, that is what he is asking. Morrow: The issue is that he cannot sell lots until this non -development agreement is totally terminated, nor can he sell lots until the final plat is signed off with the improvements in and being inspected, is that correct? Smith: He can sell lots right now because the final plat has been recorded. He can legally sell a lot. They can't get a building permit for the lot until they have at the very minimum a gravel road access in front of the lot. So that the emergency vehicles can access the lot. Morrow: So on this phase of the final plat has been recorded by the inspections have not been made. Smith: Well the final plat has been recorded, there have been no inspections on the second phase because there is nothing there built. Morrow: I understand that. Smith: But the first phase everything was inspected, the hard surface is down, lots are sold, the buildings are up and people are living out there. Morrow: What I am after here is the City's safest way to ensure that all of the development, all of the work is actually done is to bond for the completion of that work and not stay in the development or non -development agreement for a certain period of time and then bond for the completion. I guess I am asking you opinion here. It appears to me that is the safest way to do this. Smith: Yes, in my opinion that is the safest way to do this. Crookston: He really couldn't, technically he cannot sell lots because the non - development agreement says that he will not sell lots. Smith: That is correct, he is still bound by the conditions of the non -development Meridian City Council March 5, 1996 Page 43 agreement even if he is allowed to go into the undeveloped portion and make the improvements he cannot sell a lot until Council rescinds the non -development agreement. So I guess technically what he is asking for is allowable, could allow him to on the one hand to make his improvements but with the understanding the non -development agreement still exists and he can't sell any lots until all of the improvements are in or he comes back to the Council and says I have got $125,000 of the $155,000 improvements and I would like you to terminate the non -development agreement and here is a letter of credit for $25,000 to ensure that I am going to finish what we have started. Obviously his request is to relieve him of the financial responsibility to provide that larger cash or letter of credit. That is the only reason he is asking that question. Like Wayne said part of the non -development agreement says he can't sell any lots, unless his development agreement is rescinded by the Council. That means we put a tag on the file folder in the building department and no building permits are issued. I suspect that tag is already there. Morrow. So what it boils down to is we have got two avenues to go here. The one is the first two paragraphs which is termination of the development agreement or non - development agreement, permission to proceed with development or the undeveloped lots in that case we request the surety agreement or the letter of credit in the amount of $151,911 or we leave the non -development agreement in place and at some point in the future he comes before us and requests it to be terminated and then bonds for the balance of work that has to be completed. Smith: Correct, in that paragraph that we read I might state that the City reserves the right to require the irrevocable letter of credit, it doesn't say it has to require. So you could allow him to, he has asked to make the improvements you could allow him to make the improvements without an irrevocable letter of credit without releasing the non -development agreement, it would be, in my opinion it would not be in violation of the non -development agreement terms. We just have a propensity to ensure that the improvements are done, I think that is why that language was installed in that paragraph. Without rescinding the non -development agreement he can't sell any lots. And the City Council should not rescind the non -development agreement unless, until his improvements are complete and accepted or he furnishes a letter of credit to cover the cost of those improvements. Corrie: Gary, I was going to ask on this (inaudible) I don't see anything about the streets, (inaudible) is that hidden in there somewhere? Smith: The Highway District has a non -development agreement for the streets so he would have to go through (inaudible) Crookston: Gary, my question is in the fourth paragraph there it says the end of the second line, "at the same time you are adding services for the seven lots which have been given Meridian City Council March 5, 1996 Page 44 preliminary approval by the Council we will follow up with the final plat and recording process of these seven lots so that they can be offered for sale after the plat has been recorded. Can he do improvements for lots that have not been final plated? I assume can't. Smith: Well, it is a technicality Wayne because technically they are not supposed to do any improvements until the final plat has been approved. But he is building a street and he is making improvements to lots on the north side of the street for sewer and water services. He has a plat in the process for approval that subdividing the existing common area lot on the south side of the street. It just seemed appropriate to me that while he is building this sewer and water line he stubbed to the south to these proposed lots. I gave him the approval to go ahead with the understanding that he was on his own. I put that in the form of a letter that it was his risk to make those improvements. That there was no guarantee that the Council was going to approve of those lots as he has proposed. He understands that. Crookston: Are any of these lots on, I don't know what has happened out there, but are any of these lots in the area that where he is going to pipe the Finch Lateral and has that been done yet? Smith: Yes they are in the area he is going to pipe the Finch Lateral and I don't know whether it has been piped or not. The Finch Lateral will run along the front of these lots. Crookston: I would think that the City needs to be concerned that piping be completed around or where any of those lots are. Any of the land that is now the ex -Finch lateral I think the City needs to be assured that is done and taken care of. The other thing that was, this is the area where he was supposed to have a basketball court? Smith: Well that basketball court is to the east side, it is the easterly piece of this common area this area that he is platting with the 7 lots is the the west side of the subdivision. There is a north south road that kind of bisects the property. These seven lots are on the west side of that road. Crookston: As I recall there was a question as to how much of the basketball court he had put in and I don't recall if that was ever decided. Whether it was going to be a full court or half court or just a basket there. Smith: I know you brought that question up several times and I don't know that there was ever an answer. I don't know exactly where this piece of subdivision is for these seven lots. I can't recall at what stage of the process. Meridian City Council March 5, 1996 Page 45 Morrow: It seems to me like given that, those kinds of questions, the best solution here for us as a City is one of two, not act on this or the second one is we leave the non - development agreement in place and allow them to go ahead and put in their improvements and at such a point in time that they are done with the improvements and everything is satisfactory then we release the non -development agreement. Or if it is the Council's desire and they appear here early and they want to bond for final completion of things than we make that decision at that point in time. But I think what both you and Wayne are telling me is that there are some other gray areas here that are affected. It seems to me that given that you want to leave the non -development agreement in place. That has the incentive of finishing prior to the selling of lots. Because you can't because of the non -development agreement you can't sell a lot while the non -development agreement is in place. Smith: That is correct. I think the issue with the resubdivision of the common area lots is a separate. The seven service lines that he wants to install are being done as a matter of convenience. The piping of the Finch Lateral that is part of the both subdivisions really. The number 1 subdivision and the re -subdivision. The location of the ditch is different, but he will have to accomplish that piping as part of the improvements for the number 2 subdivision or the re -subdivision. If you leave the non -development agreement in place and allow him to proceed with his improvements on the number 1 subdivision I agree with you he doesn't sell any lots unless he comes forward at some point in the future and says I want to bond for what I have left to do. Morrow: Mr. Mayor, I think I am prepared to move that we leave the non -development agreement in place and allow Brighton Corporation to proceed with their construction of improvements and at the time those improvements are completed they can come before the Council and request on the removal of the non -development agreement. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, you have heard the motion, discussion. I guess Walt at that time we can require the cash security. Morrow: Well point of discussion, if he comes in and those things are complete there is no requirement for a bond. If he comes in and he is 90% complete and wants to proceed to sell than we require a bond for 110% or 105% of the balance of the improvements that need to be done, per the agreement. Corrie: Okay, all those in favor of the Motion say aye? Opposed? MOTION CARRIED: All Yea Meridian City Council March 5, 1996 Page 46 ITEM #11: REQUEST PERMISSION TO TILE THE ONWEILER LATERAL THROUGH FINCH CREEK SUBDIVISION BY CREEKSIDE DEVELOPMENT: Corrie: You have that request coming to Shari Stiles. Request permission to the the Onweiler Lateral before the official revoking the non -development agreement for Finch Creek Subdivision phase 2. Any discussion or questions from Council? Morrow: We have the same issue here, they can go ahead and do that but we are not revoking the non -development agreement so they are not selling any lots. Same facts apply. Corrie: That is exactly right. Morrow: I would move that we grant them permission to tile the Onweiler lateral leaving the non -development agreement in place and that tiling has no effect on the non - development agreement. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the permission to the the Onweiler Lateral and leaving the non -development agreement in place, any discussion? Hearing none, all those in favor of the motion say aye? Opposed? MOTION CARRIED: All Yea ITEM #12: PROCLAMATION: PURCHASING MONTH: Corrie: WHEREAS, the purchasing and materials management profession has a significant role in the quality, efficiency, and profitability of business and government throughout the United States; and WHEREAS, the purchasing and materials management. profession works for private and public, and profit and non-profit organizations; and WHEREAS, in addition to the purchase of goods and services, the purchasing and materials management profession engages in or has direct responsibility for functions such as executing, implementing, and administering contracts; developing forecasts and procurement strategies; supervising and/or monitoring the flow and storage of materials; and developing working relationships with suppliers and with other departments with the organization; and WHEREAS, the purchasing and materials management profession has tremendous influence on the economic conditions in the United States, and an accumulative purchasing power running into the billions of dollars; and WHEREAS, the National Association of Purchasing Management -Idaho Southwest, Inc., and other associations around the globe are holding activities and special events to further educate 0 0 Meridian City Council March 5, 1996 Page 47 and inform the general public of the role of purchasing within business, industry, and government. THEREFORE, I, Robert D. Corrie, Mayor of the City of Meridian, issue this proclamation claiming March 1996 as PURCHASING MONTH for the City of Meridian. I encourage all citizens to join in commemorating this observance. ITEM #13: US WEST CENTRAX AGREEMENT: Corrie: This was an agreement that was brought to Will and my attention the fact that they wanted to establish a rates stability agreement between the City of Meridian and US West Communications. The Centrax Plus Service, what this amounts to is an 84 month agreement which can be rescinded after 36 months if we do desire. We have made considerable amounts of inquiries with the State purchasing and Gary Maul and he suggested that this was good, the Centrax system that he was aware of. What this does, it is the same system that we have there is nothing changed except we can add an initial transfer of lines. If somebody calls in we can transfer it out. You will noticed down on these, Executone savings per month what it amounted was $117 a month from our present cost and the 36 months would be less the engineering fee at $2970. They have broken it down further, currently what we are paying now and the new US West Centrax Plus system. If we did the full 84 months it would a savings of $18,427.92. As you can see primarily what they are doing is giving you the service at a savings. It is no longer available to the people now this is the last. We got in on it before they took it off. I talked to Mr. Crookston and he wanted to make sure we had this for the March meeting so you could look it over. Any questions? There is a one time (inaudible) of $2067.50 which could be spread over 6 months and that first 6 month savings is going to be $565.06. Any questions or comments from the City Council. Morrow: Mr. Mayor, I have read Wayne's comments, do you have, this was written February 14, do you have any update in terms of answering any of these questions or issues that you have raised? Corrie: I don't Morrow: I guess then I would ask you for your opinion, by virtue of the contract is this a good or bad deal for us? Crookston: I have not looked at it on a financial basis Walt. I think that is what you are asking, I have no opinion of that. Morrow: I guess what I am asking is your observation here is and maybe Will is the person to ask. In terms of US West and their contract is it open to negotiation or is it a take it or leave it deal. 0 0 Meridian City Council March 5, 1996 Page 48 Berg: To the contract that Wayne reviewed, it was more or less a take it or leave it. This is their standard contract that everybody else signs. References to the City of Nampa, and to the Meridian School District they both have this system in effect and basically we have the same contract or agreement that they are giving to us. Morrow: So what that means to me is the decision we will make is there are really no guarantees here we are really on our own, take it or leave it. Corrie: I guess I don't follow you Walt? Morrow: Well my point is Wayne's last comment after paragraph six is I don't know whether or not US West would consent to change the agreement with regard to paragraphs 8, 9 or 10. In paragraphs 8, 9 and 10 it discusses thing like what money does the City give for service interruption and so on and so forth. My point is that I suspect that he is right and the question to Will is was are they open to negotiation on this. It appears no they are not. So we go into this with our eyes open knowing that if the service goes down and it is down for a couple of days in all likelihood there will be no financial redress on their part. Corrie: That is correct that is also the same thing now. The same agreement we have. They are not changing anything it is just a different type of system. Rountree: So the current service that we have presently has the same stipulations in there? Corrie: Yes, exactly the same, we can add lines up to 20% 1 believe at no difference per year so we are still within the same agreement it is just a matter of the savings they brought in. Berg: To be quite honest with you I think you have to be a person in the telephone communications business to understand all that they try to tell you or sell you. Going back and forth with the State Department of Communications, talking back and forth with him was real intriguing because terminology was used that I have never heard of. He thought it was a good deal and this was a person that Grant had talked with before and this was the go between person that we had talked to AT&T with. So as far as our correspondence with him I think that was the person we had to turn to for some guidance and consulting. Corrie: He originally said not to do it over the 36 months and then the change in technology and they said they couldn't do it less than that but how we could change it in 36 months and the cost would still be the same. So we are not tied in if there is new communications coming down the pipe which I am sure there are. Meridian City Council March 5, 1996 Page 49 Morrow: Mr. Mayor, I would move that we the Council authorize the Mayor to sign and the City Clerk to attest an agreement between the City of Meridian and US West Centrax System. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to have the Mayor sign and the City Clerk attest to the Centrax system, any further discussion? Hearing none, all those in favor say aye? All those opposed? MOTION CARRIED: All Yea ITEM #14: WATER/SEWER/TRASH DELINQUENCIES: Corrie: This is to inform you in writing if you choose to you have the right to a pre- determination hearing at 7:30 P.M. on the 5th of March, 1996 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your water, sewer and trash bill are delinquent. You may retain counsel. Your service will be discontinued on 3-13-96 unless payment is received in full. Is there anyone present who wishes to contest their water sewer or trash delinquency? They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list is $19,934.89. 1 will entertain a motion. Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the turn off schedule for 3-13-96, any further discussion? Hearing none, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #15: APPROVE BILLS: Corrie: We have got a situation where you have (End of Tape) I had. Wayne, based upon the Council's meeting the other, last workshop, make up a possible resolution for you to look at next meeting that took out from that meeting what you said you might want to do. I will have you read it and comment on it. You can make comments, additions, corrections right on it or tear it up or whatever you want. But, it gives us some of the guidelines you Meridian City Council March 5, 1996 Page 50 requested asking about at that meeting. Janice is not here is she, she said she would answer any questions anybody might have. I got this today from Mr. Crookston so (inaudible). Morrow: Well I think the question from my perspective is that we review this, I am not prepared to adopt anything such as this in this format whether it be by resolution or by ordinance. I think the question before the Council would be is that with respect to the audit function and looking at the billings or the purchase orders or those kinds of things and the procedure for doing that. Whether the Council opts to do those to divide those functions up with amongst themselves or by the Council President or on an annual basis those functions rotate given the first meeting in January which is largely ceremonial. It looks to me like there are lots of different options there concerning how it is going to be done and whether it be done by resolutions or ordinance added to the City's current ordinance is a matter the Council would need to determine what they want to do. Corrie: That was my intent to have you read and make your comments on what you want to do. Morrow In terms of the agenda, we are on item 15 to approve the bills, so we need to dispense with item 15 and then it seems to the discussion of this would be appropriate under department reports if there is going to be further discuss on. Corrie: I understand you want to spend more time with it tonight, is that correct? If that is the correct thing I need (inaudible) we are either going to approve the bills tonight or come back again and do the same thing we did before. We didn't Neem to resolve anything before we still have to pay our bills. If somebody wants to makes a motion to approve the bills I will hear it. Rountree: I have a question for Councilman Morrow, would your statement of (inaudible) after staff reports? Morrow: No, I think there are two different issues here. The issue before us on the agenda is to approve the bills. I don't see that a proposed or potential resolution has any impact on what it is we are (inaudible). Corrie: That is correct, I just wanted to hand that out to you. Morrow: In our strategic planning meeting the discussion was that (inaudible) that we has a Council address this function. So, I think what we do is we act on the bills on agenda item 15 either approve them or disapprove them. And then address this issue further under department reports. I don't personally have any problem with approving the bills • go Meridian City Council March 5, 1996 Page 51 and dealing with this later on. Rountree: I hear what you are saying. Mr. Mayor I would then move that we approve the bills as presented in the monthly budget report of expenditure's. Morrow: Second Corrie: Motion made that we accept the bills, motion made by Mr. Rountree, second by Mr. Morrow, any further discussion? All those in favor say aye'? Opposed? MOTION CARRIED: All Yea ITEM #16: DEPARTMENT REPORTS: Corrie: Gary Smith? Smith: Thank you Mr. Mayor and Council members, the first item on my agenda is the bid results from the Gregory lift station. I will pass those out to you now. This is for the rehabilitation of the Gregory lift station. The bid opening was March 1, last Friday at 3:00 P.M. Four contractors submitted bids, Paul Construction from Meridian was the low bidder at $29,300, the second low was Bitteroot Construction from Boise at $32,600, Turnkey and Gully Construction were the remaining two bidders the engineers estimate was $35,420. 1 presented a short dissertation on Paul Construction below all of that. At this point I don't have any, let me just say that part of the bid document required the contractors to submit a reference, five references. It was required that they have experience in installing sewage pumps and associated piping and that they shall have completed at least piping the installation (inaudible) the references that Mr. Paul, Jim Paul submitted do not include that type of work. He has primarily been involved in pipe line construction, he was in the Meridian area for a number of years doing that kind of work and then he went to California and worked for a general contractor and was involved in general type construction work building type work. Was involved in one project for a High School where they did install a lift station for the, excuse me it wasn't a high school it was an elementary school I believe he said. They did install a lift station there and some septic tanks. Reportedly his project superintendent was involved in a lift station construction project in Moscow. I was not able to verify that I found that out today. The difference between the first low and the second low is $3300, the second low the contractor has done a lot of work in Meridian and did supply references for lift station work that they had done. 1 -think this is going to be a difficult project because of the very limited space they have in which to work. AT this point I guess I am not prepared to recommend award to the contract and I would be willing to receive any thoughts you might have on the subject. 0 it Meridian City Council March 5, 1996 Page 52 Morrow: Mr. Mayor in the interest of time I guess my only thought here is that Paul Construction has failed to meet the bid specifications therefore. that bid ought to be set aside and the bid ought to be awarded to Bitterroot Construction of Boise in the amount of $32,600 and I am prepared to put that in the form of a motion. Rountree: Second Corrie: Okay, motion made by Mr. Morrow, second by Mr. Rountree that Bitterroot Construction of Boise in the amount of $32,600 be awarded the bid because Paul Construction did not follow the bid procedure, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor I would move that the Council authorize the Mayor to sign and the Clerk to attest the contract with Bitterroot Construction of Boise for the Gregory lift station rehab. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the Gregory Lift Station rehabilitation have the Mayor to sign and the City Clerk to attest for Bitterroot Construction, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor and Council, the second item is a request from the Highway District. Mayor Corrie has had some telephone conversations with the Highway District concerning Locust Grove improvements. I don't want to take any glory away from the Mayor because I think he carried the torch high and bright on that subject and got that thing turned around. At least his conversations with the director and with the commissioners as part of that Jerry Nyman called me and asked me to schedule a meeting with Council and with the Commissioners to sit down. I believe it was involving the general discussion of projects. I know that those of us that sit on our transportation committee that is chaired by Councilman Morrow have endured some extreme frustrations with the amount of setback on projects that we have seen happen this last year and this previous year. I believe that is what Jerry Nyman to accomplish is to enhance the working relationship between the City of Meridian and The Council and Mayor and he and his commissioners. And that is the reason for this item is to come up with a time that would be appropriate for you. He suggested that possibly we consider a lunch time meeting where we would meet and have lunch or you folks would meet and have lunch and maybe • Meridian City Council March 5, 1996 Page 53 41 it would run from 12:00 to 1:30 or something like that and discussions could take place during lunch. That was the suggestion that he made on some clay of course besides the day of course the Wednesday that they meet. Well every other Wednesday they meet. He gave me some time too it was in April that he wanted to da this or suggesting some time in April that we do this. Morrow: I don't have any problem with any of that, it is in April it gives us enough time. If it is a lunch on Friday that works out best in my industry because we have more flexibility in the afternoon on Friday than we do any other day of the week. If it is an evening meeting that is fine too. Smith: Is a lunch time meeting agreeable with everyone else? Bentley: Just so it isn't Monday. Crookston: Are you going to notice this meeting? Smith: I guess we would because everyone is meeting. (Inaudible) Corrie: Why don't you Gary set that up if you can and then Friday at noon. (Inaudible) Corrie: I might add that Glenn Bentley did help a bit on that as well as Walt Morrow in talking to the Ada County Commissioners. I think that glen really did bend Eastlake's ear for about an hour meeting. I know some others had comments that they made too. Bentley: I think everybody deserves some credit for standing their ground. Corrie: Absolutely. Morrow: You know another thought occurs to me we don't have to start that at noon we can start it at 1:00, there is some flexibility there too that way everybody gets through the bulk of their work day so if the thing nuns from 1 to 3 it doesn't make much difference. With the exception of Jim Bruce the other two gals are kind of self employed and, well Shari is not she is at Idaho Power, but the issue is that they get the bulk of their work day in and then Friday afternoon if we started it at one or met at one thereabouts there is some flexibility there too is what I am suggesting. Meridian City Council March 5, 1996 Page 54 (Inaudible) Smith: Moving right along, at our last strategic planning meeting we talked about our sewer and water rate structure for user fee and the assessment fee. I contacted JUB Engineers because they did the one we had done in 1985 and I knew it was on a computer set up for a fairly easy upgrade (inaudible). They still have that information available and indicated if we gave them the information in the right format, the updated information in the right format as far as our different categories of users and meters readings that they could probably do this for around $1500 to update our user charts to 1996. We would also have to provide them with the capital cost that we incurred to both the sewer and water system. I talked to my new assistant and he is quite computer literate, Brad thought that it would take a couple of days to get familiar with the model that they have developed and then we could probably beat this thing out in house. If you wanted us to proceed that way, I don't know what your time, what your expectations are for the time schedule but I know you want to get it done as soon as possible and we can do that. I just wanted to let you know where I was on it. I don't really have any number answers for you other than the information is available and we can get our hands on it. We can get what JUB has at no charge we can get their model, they will provide that model to us, we have already paid for that in 1985. Morrow: My question to you would be Gary is this costs us $1500 if we hire JUB correct? Smith: That is kind of a minimum, if we give them the right information. Morrow: And how long does it take them to do this? Smith: If they get the right information approximately two weeks once the data is entered and calibrated. Morrow: And if we do it ourself how long does it take to do it? Smith: Well Brad is in the middle of this mixer project for the digester, I think he has most of that done. I don't know exactly how long it is going to take him to regurgitate the information from this side. That could be, I just have to talk to Janice. I got this late this afternoon, 4:30 in fact. I haven't had a chance to talk to her, I don't know how long it will take to get that information brought up that we had on the previous model. Corrie: Gary, is he capable of getting us an output of that. You say he is computer literate but has he done that before or is capable? Smith: He hasn't worked on a rate structure study of any complexity. He said he worked 0 0 Meridian City Council March 5, 1996 Page 55 on one that was a simplified thing did it for a very small town in North Idaho. Rountree: The bottom line though Gary would be if you do it in house something else that needs to be done is deferred. Smith: Yes, that is correct. Morrow: And the cost of that deferral is only $1500 so from my perspective we give them another $1500 and get on down the road. Rountree: I would add to that that we do get the model and have him at leisure get familiar and then the City can do some what if games with it. Morrow: (Inaudible) and then on an annual basis we can do that in house. Corrie: That would be the ideal way to do it then. Smith: I will proceed along those lines (inaudible) coming from Janice and get it over to JUB and get rolling on it. Morrow: Mr. Mayor I would move that we authorize City Engineer Smith to spend $1500 with JUB Engineering to do the update of the water and sewer rate structure and hook up fees. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mayor and Council that is all I have. Corrie: John? (Inaudible) Shawcroft: This compost is straw and (inaudible) that is a 60 day compost with a 30 polishing time so a total of 90 days. I guess you each got a copy of the compost report. I had to have a professional help me figure out what this meant. Some of basic stuff that needs to be realized in there is we did the heavy metals testing that is the first three pages s 0 Meridian City Council March 5, 1996 Page 56 after the letter. And typically what that indicates is that the heavy metals that EPA regulates are in quantities that are not, they are below the threshold levels. We could put this on a piece of property for 50 years and not exceed their metals limitations for accumulations. Then the next thing that comes up, you notice there is a good compost and a bad compost. Those were two (inaudible) sitting side by side. The main difference was the ratio of the sludge to the straw when we first mixed it. We have come to find out we were testing what was going to work and it just turned out that one took longer to compost than the other. On the very back page you will see that one of them had a 300 total chyliform that is high, it means that it wasn't quite finished that is the bad stuff. The good stuff was less than two. So all that meant was after another, they would have composted it for another 30 days and re -tested and it probably would have come out just fine. We did not retest, in fact we still have it sitting out there in a pile, it is still available to us. Let's see what else I can explain about it. They go by the, calcium and magnesium ratio, typically ours are coming out 5.3 to 5,8. A (inaudible) will come out around 8 and what that tells us is that insoluble salts which are bad for agricultural use our compost is better than what cow manure sludge is, compost would be. Typically it is because I think the cow manure that they are using is from a dairy farm and they are feeding them supplements, a lot of salts and minerals and then it comes through in the manure. So when they compost it what they are putting out has a real high level of salts. Of course most humans don't eat that way so ours is lower. Then they take all this (inaudible) and give it an ag ratio, it is easier to show you this average GI it is in your report. It will say one and below that it will tell you whether it very mature, mature or immature. That ratio is, it is a ratio of how well seeds germinate using the stuff. They actually take some seeds and depending on how far the root grows and how fast how mature that is. So ours both good and bad was excellent for agricultural use. The good stuff we have there would be suitable for bagging, selling commercially. The bad staff would have still been alright to sell agriculturally bulk, we could put it out on a field somewhere. So with the test complete are there any questions as far as what is in this report, I know I have a ton of them. Morrow: I guess for our purposes the obvious question is now we have a good product we have a system down and we know how to do it, what is our commercial market for it? Shawcroft: The commercial market right now is undefined, we have had farmers interested in it that have discussed it with us at some length especially our composter Roger Wood has been approached. I know that some of the local nurseries are interested in it. There is a market out there but l still think it has to be developed. I think in order to do that we would probably want to get a professional on board to help in that endeavor. Roger Wood the gentleman that did this is definitely interested in pursuing it but he did this test with us on a no strings attached basis. So, basically the City doesn't owe him anything for it for any consideration. So I guess that is where we are at right now is I guess we just need to see if we can get a professional to pursue this further. Another interesting thing I keep Meridian City Council March 5, 1996 Page 57 finding, Roger sent me this compost science and utilization, it is the newest one out and they are starting to use shredded paper in compost as a fill. It is expanding. Morrow: So I guess from our point then you want some (inaudible) Shawcroft: Right, perhaps to put out some request for a proposal from professional to at least consider it. Corrie: Do you know how much you can produce, that is going to be one of the first questions they ask you. Shawcroft: Yes, basically, the interesting thing we found out is that by the time, what we did was take 53 cubic yards of sludge and it is was Boise's sludge by the way, ours is a little bit cleaner than theirs, so the metals are going to be lower yet. But we added to that, it was 120 yards of chopped straw and 50 yards of mint residue and what we got back was 53 yards of compost. So what we got back was the original volume. But, in that form not the form that it started out in. So we are saying what can we produce, we can probably produce somewhere in the neighborhood of about a ton a day which is 300 tons but if you look at the tonnage in there a good compost is 34 pounds per cubic yard, (inaudible) and we put it on the average of a 100 cubic yards per acre by that loading 176 acres and has a commercial value of about $24 a cubic ton. Corrie: You can probably get some market people on that one. Morrow: One of the things, Mr. Mayor, that we want to look for in terms of the processing is that it would be really nice if we found somebody like Mr. Wood that just took the bulk stuff and we are out of the game. I don't think we as a City want to be involved necessarily in marketing it unless we absolutely have to me. Corrie: (Inaudible) is the one that we got the mint from correct? Shawcroft: Correct and he is interested in trading for compost if we go that route. Like I said we have some market considerations, there is siting to consider, where is this going to be put. The site we have was temporary and was a one time only shot through DEQ. So basically we have proved that it is viable and can be done I believe cost effectively if the community works with us and there are some options there as far as taking leaves, grass clippings, paper and we can make a compost that might not be bagable but at least would be agriculturally viable and get the City out from under the regulations that we are beginning to fall under now. Rountree: Aren't there some strings attached to this those in terms of our liability and 0 01 Meridian City Council March 5, 1996 Page 58 record keeping? Shawcroft: There is a five year record keeping requirement that says we produced it who the generator was and if there is a distributor who the distributor was and who the buyer was. That is kept for five years if we stay with the liquid sludge, the liquid sludge has a lifetime of record keeping requirement on it. So as long as that treatment plant exists those records are kept. Like I said that paper trail with the compost is considerably short. It also opens up your options of where you are going to put it. Morrow: So I guess your guidance would be to proceed to the next step. Shawcroft: That is basically what I was looking for. Corrie: I guess it is Council's agreement that we go to the next step with John and see where we can go with this as far as (inaudible). Shawcroft: The next (inaudible) summary of the Five Mile Creek Study. We contracted with CH2M Hill as per our NPDES requirement, it says we were to do a biological, physical and chemical analysis of Five Mile Creek. I know that the just of that was our new permit cycle which is up and coming they want some information put in that permit. I think the long and short of this is there are some issues and there are some non -issues when that comes up. The maps that I gave you first show where these samples were taken. This particular one here shows the lower Boise River water quality segment. It is listed as high priority with water quality limited especially for nutrients, temperature, sediments and pathogens and dissolved oxygen. Five Mile Creek which is what our receiving water dumps into that therefore we are also a water quality impacted area but it is a low priority at this point in time. Basically what this assessment showed was that nutrients were going to be an issue in this new permit cycle particularly phosphates and ammonia, phosphorous and ammonia. And to some slight extent some metals particularly arsenic and mercury although those are very minor. We did have in this study one mercury excursion that had been an local in house thing it could have been, we thought a sampling error but I guess it showed up down stream as well. So we don't know the source of that one. The other thing we are finding is arsenic above the 6.2 microgram per liter level which is what the State has a human health criteria level. However that is upstream and down stream not in the effluent. So it is not an effluent issue it is a river issue. Where that is coming from I don't know because it is not in the groundwater either. But it is in the stream bed. We have done ground water samples and it is not there, it is not in the plant. Morrow: Might it be (inaudible) in the stream bed? Shawcroft: It very well could be, and if that is the case then I think there is some remedy • Meridian City Council March 5, 1996 Page 59 there with DEQ and EPA because obviously we are not going to be removing any arsenic from the (inaudible) there is no point. What is of a non -issue is the fact that the plant does not impact the fish habitat, the physical riparian status, there is no pathogenic bacteria, the insect population is good upstream and down stream, all the full length. And the sediments or total suspended solids is not (inaudible) either, we are a non -contributor and those are (inaudible). So, what came out of this also was the fact that Five Mile Creek which is listed as a cold water (inaudible) and salmonoid spawning perhaps may not be appropriate since there were no salmonoids in the creek, couple of carp and a bunch of shiners, one bass, crawdads, crayfish if you will and a bunch of some genre of leeches which were predominant. Basically what we are finding is that seasonality and other agricultural and human activities are having more impact on the stream than is the treatment plant. So I think the big push when it comes for the NPDES recertification will be nutrient, particularly phosperous as our ammonias are fairly good already. We do nitrify and remove those. Which brings us to our next little thing which is our contract for CH2M Hill for NPDES reapplication not to exceed $4500 in cost reimbursal and labor and expenses. Morrow: Was it not CH2M Hill that did our last NPDES? Shawcroft: Yes, they did our last NPDES permit application, they did Five Mile Creek study and it just seems fitting that they do the next one as well as they have all the data and are well aware of what is going on in the plant and around it. Morrow: Mr. Mayor, I would move that we authorize the NPDES permit application to be done by CH2M Hill in the amount of $4500. Rountree: Second Corrie: Motion made that the NPDES application be given to CH2M Hill contract not to exceed $4500, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, I would move that we authorize the Mayor to sign and the City Clerk to attest the standard agreement for professional services that implement the study for CH2M Hill. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, any further discussion? All those in favor say aye? Opposed? 0 Meridian City Council March 5, 1996 Page 60 MOTION CARRIED: All Yea Shawcroft: Mayor and Council do any of you have any questions concerning any of this information. I know I skipped over it rather briefly, it gets rather involved. Thank you for your indulgence. Corrie: Do you have anything you want to say? Chief? Shari? Gary? Wayne, do you want to check and see if the Council can meet Thursday morning at 8:00 to discuss your (End of Tape) Corrie: Do we have any times open in the evening do you know? Does anybody have any suggestions? Morrow: Bob I am not prepared to answer the question because I don't have my calendar in front of me I don't know where I am the rest of the week which is normal. Rountree: The only thing I can say is I believe I am available Friday afternoon. Morrow: I can make Friday afternoon work also. Corrie: Friday afternoon after 3:00, 1 think Friday afternoon is probably clear for me too, I have looked. Would 3:00 be alright or 3:30, alright 3:30 Friday afternoon that is on the 8th. That is, how do you want it, a special meeting, Crookston: I think we have to have the special meeting if the entire Council is going to meet in an executive session. Corrie: Alright we will have an executive session on Friday at 3:30 P.M. March 8 and so note the meeting. Mr. Morrow? Morrow: A couple of things, I have a letter that I didn't get to read and should have done and then misplaced it and now I got it. At any rate, it is from Mike Mackril, 99 W. Mira, Meridian, Idaho, 83642. Dear sirs, it is not often enough these days that people write to give thanks but now is one of those opportunities. I am the Cub Master of a uniform Cub Scout Pack in Meridian, Pack #62. We have over 40 new scouts this year and we are having difficulty finding funds to support us through the year. Through the help of Moe Alidjani and Sanitary Services Inc. we were given the opportunity to collect old Christmas trees in exchange for donations. People of Meridian came through and we managed to collect over $500 to support our pack. I would like to thank Moe Alidjani, Sanitary Services Inc., the people of Meridian and especially the boys and the parents who helped collect those trees on a cold rainy Saturday. We are definitely looking forward to doing it next Meridian City Council March 5, 1996 Page 61 year signed Michal D. Mackril, Cub Master of Pack #62. The purpose in reading that is to recognize Moe's effort on behalf of the City Council for the City of Meridian. I would like to give him another thanks for another job well done. And maybe pass that onto him and have the clerk type a letter signed by each of us and the Mayor thanking him for his contribution to that effort by those Cub Scouts. The second issue is that in our last meeting we ask about where we stood with the John Booth property in terms of the clean up for what we can do to press on to clean up in response to a letter from Curtis Giles. Shari do you have any response to that? Or Bill? Gordon: The paperwork has been turned in (inaudible) Crookston: Bill Schwartz indicated to me that there was now a warrant out for his arrest. Gordon: We arrested him, he showed up last two Fridays ago and we arrested him and also his wife. He has since bonded out which we have given him another court date but now that was on another charge that wasn't on this particular incident, it wasn't on the junk. Crookston: I will ask Schwartz which charge he had been arrested on, I will do that. Gordon: That was for the interfering with the fireman on the fire. There still doesn't appear to be anybody living there. The cars get occasionally moved around. We are back to the original question, can we tow those cars prior to a court date? Crookston: I would have to look at the ordinance, but I do not believe that we can. That we get an order from the court that we can. Gordon: Does that answer your question Councilman Morrow? I am kind of at a loss too and I am getting just as many complaints as I know you guys are. It is a mess. Morrow: I guess my point is that we are making progress. And the progress is subject to what the courts let us do is that correct? Gordon: Correct Morrow: So that between you and the counselor you guys will be heading up that effort to get that accomplished? Gordon: Yes sir. Crookston: We will include Bill Schwartz. Meridian City Council March 5, 1996 Page 62 Morrow: The last deal, in tonight's box was a note from Skip Voss, subject request made on December 12, 1995. It says I attended a Rural Fire Commissioners meeting on December 12, 1995. At this meeting I brought up the difference in pay between the Fire Marshall position and that of a captain in the Meridian Fire Department. At this time I did ask to be returned to the rank of Captain because I would make more money. Mr. Corrie stated that as soon as he was Mayor he would meet with me to discuss this matter as of this date he has not spoken with me. Under City policy I should have talked to within 45 days because this has not been done I do not know how to proceed with this matter. I did talk to some City matters, Rural Fire Commissioners and was asked to put this matter before the Council. Please advise me of your finding as soon as possible. Do we have a feel for what that issue is? Corrie: I have a feel for it, first off, there is nothing in the City manual that says he has 45 days for anything. That is 45 days for a (inaudible) on disciplinary action, (inaudible) he is not eligible for a captain's position due to State law he doesn't have the qualifications to be a fireman at the present time. He doesn't have any (inaudible) and he is not even eligible for a captain's position. It has been the thoughts of the Rural that he not be made a captain. We still need to sit down and talk with Marty he is the Chairman of the board. (Inaudible) but there is no time limit for it. I haven't had a chance to really sit down and talk to him (inaudible) reference to a (inaudible) he wouldn't stay five minutes over 5:00 to do a test to get on line. I called him into my office to ask him what it was about and then after a couple days later I found he tape recorded me and my conversation without my knowledge. Which has nothing to do with this but it seems to be a little out of character for anybody to tape record a conversation (inaudible). Marty Hill has requested that we meet together and discuss it further. (Inaudible) Morrow: Can you guys get this meeting on board as soon as possible and get those issues aired and let us know what the resolution of that might be. Corrie: (Inaudible) I would be glad to hear them but we certainly will sit down with him. Morrow: I think the issue is Bob he is clearly, gosh if he is not eligible for a captain's position by qualifications the answer seems to me you don't get to go there. Rountree: I think you need to in fairness to him you need to provide him with that information and say here are the requirements and here are where the requirements can be found and if you have the initiative to meet these requirements than consideration can be made. Corrie: I think he has been made aware of that by the Chief but I will check it out to make sure. 0 0 Meridian City Council March 5, 1996 Page 63 Morrow: That is it for me. Rountree: With respect to the tape recording (inaudible) Corrie: Mr. Bentley? Bentley: Nothing Corrie: Mr. Rountree? Rountree: Some months back or weeks back when we toured the St. Luke's facility there was an indication that St. Luke's would be willing to (inaudible) recreation facility with the City of Meridian. I am wondering if that has been pursued and if it hasn't I certainly will do that to see what they are willing to do and I guess I would like some idea what the City would be willing to do in that situation. Corrie: Charlie are you referring to that grassy area? Rountree: The area that they are, actually they are going to put in some kind of a low maintenance grass but they indicated they would grass it and water it if we would maintain it for recreation purposes. Morrow: I think the answer to that Charlie might is that let's approach them and talk to them and see what they have in mind. Rountree: If that is in agreement I will make the effort with Jeff the architect, who I believe was indicated would be the contact person. So I will do that between now and the next meeting. Corrie: Mr. Tolsma? Tolsma: (Inaudible) splat gun people across the street. How are they pursuing that over there with his violation of the conditional use permit, Mr. Covino? Stiles: Councilman Morrow, Mayor and Council, I am trying to remember. Crookston: Mr. Mayor, as Jim Rabitt indicated to my secretary that he has substantially cleaned up a lot of that over here. And he did not desire to move forward with what I was doing and asked me to hold it for a period of time to see if he continues what he has already done. There are still things that are there that need to be cleaned up. Meridian City Council March 5, 1996 Page 64 Stiles: I believe Council had indicated at our last meeting that as long as some kind of progress was being made to try and do a mutually cooperative effort. I think that was more in dealing with Mr. Amyx than Mr. Covino however. I know they have done some of the items requested in the inspection report, but not everything. Tolsma: I just wondered if he got the main things done like the fire extinguishers and the (inaudible) that was more of a critical issue than some of the others. Stiles: I believe they have taken care of some of those items and I thought that Jim had written you a letter regarding what they had done. Tolsma: I knew most of the list of the stuff (inaudible Morrow: Well he wrote us a letter or gave us a copy of a letter that he had given to Mr. Covino on February 22nd and in the last paragraph, 2nd sentence it says therefore a demand is hereby made that these conditions be corrected within 15 days or receipt of this letter. If these conditions are not corrected the matter will be forwarded to the City Attorney. This letter is written as a courtesy to allow you to take the necessary corrective action and avoid future litigation. My suspicion would be is that we are getting pretty close to running out of the 15 days so we should be seeing something from Jim concerning those code issues and fire issues, electrical inspector coming probably by week's end. Rountree: I have a question for counsel on that situation, we now have indicated we know there is a problem and there is a violation with life safety codes and that sort of thing. if they are not done don't we have a degree of responsibility if something were to happen and we haven't taken a fairly aggressive position to get the thing remedied? Morrow: Yes we do. Rountree: So let's get going on that. Stiles: I think Jim has taken it as far as he can go. Corrie: So we need to go with you Wayne. Morrow: As soon as the 15 days are up, is that 15 calendar days or 15 working days. Crookston: Calendar days. Corrie: I have a couple of things here. I put in your box I had a conversation, a meeting with Mayor Winder with Caldwell and also Mayor of Nampa in reference to an ordinance Meridian City Council March 5, 1996 Page 65 that they are putting together. Chuck did send me a copy of the ordinance, proposed ordinance from Caldwell in reference to adding a 1 % fee on electric bills as you know the legislator has given us the franchise availability to add 1% without a public vote and besides 3, 2 or 3 (inaudible). This is one of the areas that they figure that Caldwell raised about $100,000 and Nampa about $150,000 to $175,000. 1 just put it in your box to look at it and think about the possibility of a franchise with Idaho Power, 1 % to possibly use it to ear mark for buildings, fire department, police department, future building fund. I know Caldwell, said he was going to use that for adding police officers and firemen but I think we should keep it under capital improvement rather than wages if you want to do something like that. So look at it and think about it and we can discuss it a little later at our meetings at the end of the month. And you have a payroll list here of employees as you know we have been directed to have a pool sick leave pool and the clerk and four other people from the City. You asked me to give you a list and not only did I give you a list I gave you everybody's name. Anybody can be on this other than supervisors or department heads. So we need to have you pick four people. Morrow: Mr. Mayor I think that is a cop out on you part. Corrie: Well It was a cop out to a point that you have to appoint them according to the rules of the (inaudible). Morrow: I think the deal was given your administrative function and part of the administrative function was for you to provide these four names so that we could say yea, nay or indifferent to and not have to peruse our way through 50 names and make enemies of 46 of those folk. Corrie: I told you Will, alright, would you like me to pick 6 names and you pick four and still be part of the (inaudible). I will give you four names and put them in your box this week and give me your approval and notify the people as such. Now, this other on the resolution I would like for you to read it and change it to what you want to, however you want to do it, do something. So you can discuss it at the next meeting however, department reports. I want you to have some ideas. I don't have anything else how about you Will? Berg: Did everybody receive the updated version of the questionnaire from the delinquency bills? (Inaudible) not so much the size of the City maybe the amount of bills they send out. Second thing was you asked me to check out the complexity of not putting a trash bill onto the contractors water and sewer bill. I checked it out with Janice since Moe was out of town last week, I wanted to check with him to see if he had any real crucial problems so we could present that. I will have that to you as soon as I can and put it in your box so you can digest that. Third thing, the other reason for the list of employees so Meridian City Council March 5, 1996 Page 66 you can see how many employees we do have and not just so you can pick four of them so you could see how many employees we keep increasing every year, every six months. I think that was, the other thing if you noticed in the legislative hotline from AIC we did have a notation at the bottom of one page concerning the IRS audit. Another thing was I got information this week indicating that possibly the attorney for the City of Nampa has dealt with this before and I was going to mention this to you Wayne but maybe you might want to contact him first hand and see what he may have to say. (Inaudible) I think that is all I had (inaudible) Corrie: That needs to be done Wayne posthaste. Did you hear that Mr. Morrow that we wanted to make sure that list was so you could see how many employees we have as well as a cop out. I will entertain a motion for adjournment. Rountree: So moved Tolsma: Second Corrie: Motion made and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 12:00 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: r APPROVED: MERIDIAN CITY COUNCIL AGENDA TUESDAY, MARCH 5, 1996 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD FEBRUARY 20,1996: a�p�rvvecG MINUTES OF SPECIAL MEETING HELD FEBRUARY 27,1996: u�ponvveel— 1. TABLED DECEMBER 5,1995: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST BY JIM BALLANTYNE: 6lPd u �1 / � ? / I~ a.s/pef- ��pf 2. TABLED FEBRUARY 20,1996: DEVELOPMENT AGREEMENT FOR SALMON RAPIDS NO. 3 SUBDIVISION BY MARTY GOLDSMITH: fiabledr 3. TABLED FEBRUARY 20,1996: COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEMTONE CENTER: lab/gd &-x-bZ Ata- ck lq'�/ 19q,6 Ani, 4. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY MERIDIAN FREE LIBRARY DISTRICT: aeW";1ed Ad, -"IF 1 e fe &Ap",ve 5. ORDINANCE #726 - MERIDIAN LIBRARY REZONE/L-O: yp-oved- 6. FINAL PLAT FOR MORNING GLORY SUBDIVISION NO. 2 BY RUSSELL HUNNEMILLER: afi'pr-armed Scc�fect -ln /xe-ebh fAt �vndi��rts �CO/'►1/,r..�+�,El 7. PUBLIC HEARING CONTINUED FROM FEBRUARY 20,1996: PRELIMINARY PLAT FOR DOVE MEADOWS NO. 2 SUBDIVISION BY DAVE LEADER: [�lolecf AIW t�,� unt�2 ri l ZNP/ /,ffb A p, 8. CHERRY LANE VILLAGE HOMEOWNERS ASSOCIATION: CONCERNS ABOUT PIECE OF LAND ON THE NORTH SIDE OF CHERRY LANE. ehare4iQ, w-at&at aa - jpa& p idta.r 9. RE -SUBDIVISION OF CHERRY PLAZA PRESENTATION - STEVE SWEET: approve endoki-emeh. t o� `ot 10. RELEASE OF NON -DEVELOPMENT AGREEMENT ON BEDFORD PLA appra�e. {v proC'edt CvJ�k. iln�prvvevnerLs buteQp �� in "tact. 11. REQUEST PERMISSION TO TILE THE ONWEILER LATERAL THROUGH FINCH CREEK SUBDIVISION BY CREEKSIDE DEVELOPMENT: rant' pP�rnjS�il�r� t� 7�1e the Orewe�lPrCufer�;e �e�v�n9 �h� /V/ 14 �k- 12. PROCLAMATION: PURCHASING MONTH: ,o/ace rea.a, 13. US WEST CENTRAX AGREEMENT: 14. WATER/SEWER/TRASH DELINQUENCIES: a�pprvve 15. APPROVE BILLS: AAAI-ove - 16. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. BID RESULTS: GREGORY LIFT STATION: 2. JOINT MEETING WITH ACRD: 6 -qt -y s ulil/ -Fee fiiie�date, 3. WATER AND SEWER RATE STRUCTURE STATUS REPORT: Gt�t�z o� i Fj rJc J� 1� get. �Gt ,6 B. JOHN SHAWCROFT, WASTE WATER SUPERINTENDENT: 1. COMPOST RESULTS 2. FIVE MILE CREEK STUDY RESULTS 3. NPDES APPLICATION FOR CH2M HILL a��r✓ems 0 CITY OF MERIDIA REcEiVED PUBLIC MEETING SIGN- PSHEET MAR - 5 1596 ITy OF MERINO NAME PHONE NUMBER r 3 y a- 65 7 .r 1C114h ?8i -d 808-2-107- �CITY OF MERID RECEIVED PUBLIC MEETING SIGN- SHEET MAR - 5 1996 CITY OF MERIDIAN 1 LV E - ': � , / ��- X42--00-91 Cv�y-n- i3 o --,4Z- G!-7( CHERRY PLAZA ASSOCIATES Oele 0� APPLICATION TO THE E N QC MERIDIAN CITY COUNCIL FOR RE -SUBDIVISION March 5, 1996 Cherry Plaza Associates is requesting a motion and approval of the motion by the Meridian City Council at the meeting March 5, 1996, substantially as follows: A. The City of Meridian will allow the re -subdivision of the existing Cherry Plaza Shopping Center creating two legal parcels through the lot split process with Ada County. B. Furthermore: 1. Concurrently, with the submittal of a lot split for the City Engineer's approval, Cherry Plaza Association shall make application to the City of Meridian to: a. Annex and zone the existing 3.57 acres, currently zoned RT by Ada County, and b. Shall submit a Preliminary/Final Plat for the subdivision of the entire 12.62 acres into no more than four separate lots. 2. Cherry Plaza Associates shall submit all fees normally associated with both annexation and platting for this site. 3. Along with the Preliminary/Final Plat, Cherry Plaza Associates shall submit a site landscape plan for Staff review and approval. a. The landscape plan shall provide for landscaped end islands, including trees, within the existing site parking area and along the perimeter, as practical. b. To the extent practical, the landscape plan shall function to improve traffic circulation within the site and onto Cherry Lane. 4. Conditions of platting will provide that Cherry Plaza Associates shall: a. Complete landscape improvements per the landscape plan approved by Staff, b. Include cross -access and cross -parking agreements for platted parcels, and C. Convey of additional public right-of-way as required by the Ada County Highway District. SAI _TEMP\PROPOSAL\96_ALBS\A 164PLATWC_REQ 1. WPD BID RESULTS GREGORY LIFT STATION REHABILITATION Contractor 1. Paul Construction, Meridian 2. Bitterroot Construction, Boise 3. Turn -Key, Inc., Ontario 4. Gulley Construction, Boise Engineers Estimate March 1, 1996 - 3:00 P.M. Amount Bid $29,300.00 $32,60 00 0 j— � Wrtic.� $38,596.00 $53,523.00 $35,420.00 Paul Construction was a contractor in the Meridian area from 1972-1987 according to the owner, Mr. Jim Paul. In 1987 he left this area because of a work slowdown and went to work for a large general contractor in the Santa Rosa, California area. According to Mr. Paul, he became disenchanted with the travel he needed to do with the general contractor and came back to the Meridian area to get back into sewer and water line work. Mr. Paul doesn't have much experience in lift station construction. The bid documents requested that he have at least five years experience in the installation of sewage pumps and associated piping and shall have completed at least 5 municipal installation projects. The references he has submitted do not provide this kind of experience. His proposed project superintendent reportedly was involved in the installation of a lift station for the City of Moscow, Idaho. I was not able to contact anyone in Moscow to substantiate this. The difference between the low and 2nd low bidder is $3,300. The 2nd low bidder is well known in the Meridian area for their quality of work and provided some references of lift station projects they have done. This project is, or can be, a difficult one because of the limited space in which to work. I would appreciate your thoughts on the award of this bid. 0 DELINQUENT BILLS (Update: Includes Caldwell, Moscow & Meridian) 1) How many days past due do you send out? (30,60,90) A) Kuna - 60 days B) Payette - No set day, it's different every month, 30 days. (they change the date each month, so that the people don't play the system) C) Mt. Home - 30 days D) Marsing - 30 days E) Middleton - 15 days F) Nampa - 30 days G) Caldwell - 40 days H) Moscow - 30 days I) Meridian - 1 at 30 and 1 at 60, 2 each month 2) When and how many notices do you send out? A) Kuna - They stamp it past due, 1 past due notice (150) B) Payette - 1 past due notice (200) C) Mt. Home - 1 past due notice- then 5 days after that, the water meter readers post notices (they call them doorknockers) on the doors. (approx. - 300) D) Marsing - after the 10th of the month - (appox. - 200) E) Middleton - 1 past due notice - (approx.- 300) F) Nampa - 1 past due notice, 2 weeks after that notice, then they are turned off (600) G) Caldwell - 1 past due notice (300+) H) Moscow - 1 past due notice (125) I) Meridian - 2 past due notices, 1 st notice goes out 1 1/2 after last turn off and the 2nd notice goes out the following Friday after the 1 st Council meeting of the month. (1 st notice 315, 2nd time 175 -200) 3) Do you have a copy of your notice that you could fax us? A) Kuna - Stamp - (it says) final notice, water will be turned off on the morning of the 17th. If payment is not received, you have the right to appeal to the city council at the next scheduled city council meeting. B) Payette - they will fax us C) Mt. Home - they will fax us their notice and their door notice D) Marsing - they will fax us their notice and their door notice E) Middleton - they will fax us their notice F) Nampa - they don't have one printed G) Caldwell - they don't have one printed H) Moscow - they will fax us I) Meridian - (attached) 4) How are the delingquit accts. notified? A) Kuna - They stamp the bills on the back. B) Payette - 1 mailing of past due reminder C) Mt. Home - 1 mailing of past due reminder, then notices are posted on doors - they feel that the notices posted on the doors really work. 0 0 D)Marsing - 1 mailing of past due reminder, then notices are posted on doors by the meter readers. E) Middleton - 1 mailing and the water is shut off 5 days after that. F) Nampa - 1 mailing and the water is shut off 2 weeks after that G) Caldwell - 1 mailing and then the readers knock on the doors and tell them they are going to be shut off and they have the option to pay the reader at that time. They are shut off 10 days after the notice is sent. H) Moscow - 1 mailing I) Meridian - 2 mailings each billing period. 5) How many days after notification is water shut off? A) Kuna - bills go out the 29 -30th, due on the 15th, if they aren't received on the 17th, they would be shut off. (About 17 days notice) B) Payette - bill go out the last working day of the month, reminder goes out on the 19th, shut off 5 days after that. C) Mt. Home - bills go out the 15th of every month, have until the 10th to, pay 20th - 21 st of that month. D) Marsing - bills go first day of the month, they are due the last day of the month, or before the next billing. Then they have approximatly 2 weeks and they are shut off on the 25th. E) Middleton - bills go out the last day of the month, they are delinquent on the 15th of that same month. Then they send out a reminder - then they have 5 days after that until their water is shut off. F) Nampa - bill every 10 days (rotating schedule) shut-off date is 15 days after notice. G) Caldwell - 2 billing cycles per month, 1 st and 16th of each month and the shut off is on the 10th and 25th. H) Moscow - bills go out the end of the month, bills due by the 15th and the shut off notice goes out on the 20th. I) Meridian - bills go out the last day of the month, bill due by the 15th and the shut off day varies between every 4-5 weeks. (Black Wednesday) 6) About how many accts. are shut off? A) Kuna - 3 or 4 B) Payette - 15-30 C) Mt. Home - 2-10 D) Marsing - 17 E) Middleton - 15 F) Nampa - 50 G) Caldwell - 100 H) Moscow - 20+ I) Meridian - 45 7) What is the total dollar amount for delinquent accts.? A) Kuna - $700.00 - $800.00 B) Payette - $22.00 (each bill) or above (they don't have a average) C) Mt. Home - No limit on delinquent billing amount D) Marsing - $1,200. - Average E) Middleton - $16.3 5 or more • F) Nampa - no total on the accts. G) Caldwell - no total on the accts. H) Moscow - no total on the accts. I) Meridian - $5,189.43 (month of Febuary) 8) How many bill do you send out each billing period? A) Kuna - 1,030 B) Payette - 2,000 C) Mt. Home - 1,600 D) Marsing - 421 E) Middleton - 800 F) Nampa - 10,000 + G) Caldwell - 7,000 + H) Moscow - 5,000 I) Meridian - 7,000+ 9) What is the turn-off fee? A) Kuna - $10.00 B) Payette - $10.00 C) Mt. Home - $10.00 D) Marsing - $10.00 E) Middleton - $10.00 F) Nampa - $10.00 G) Caldwell - $15.00 H) Moscow - $10.00 I) Meridian - $10.00 Kuna # - 922-5546 Payette # - 642-6024 Mt. Home # - 587-2104 Marsing # - 8964122 Middleton # - 585-3133 Nampa # - 465-2270 iCalAwell # - 455-3009 Moscow # - 882-5553 Research done by Heidi J. Berry 0 Mailing Amounts for 1 t Notice 1/27/95- 304 = $60.80 2/24/95- 326 = $65.20 3/24/95- 314 = $62.80 4/21/95- 338 = $67.60 5/26/95- 288 = $57.60 6/26/95- 303 = $60.60 7/21/95- 319 = $63.80 8/25/95- 330 = $66.00 9/22/95- 381 = $76.20 10/27/95- 310 = $62.00 11/24/95- 385 = $77.00 12/26/95- 355 = $71.00 1/26/96- 316 = -$-63.20 Totals - 4,269.00 = $853.80 Over 300 mailings at .20 each = Over $60.00 0W Hl l STANDA AGREEMENT FOR PROFESSION - SERVICES CH2M HILL's Office Address P.O. Box 8748 (700 Clearwater Lane, 83712) Boise, ID 83707-2748 Project Name NPDES Application Project No - to be assigned CLIENT City of Meridian Address 33 East Idaho Avenue Meridian, ID 83643 CLIENT requests and authorizes CH2M HILL to perform the following services.- SCOPE: ervices: SCOPE: Prepare an application for permit to discharge wastewater from the CLIENT's wastewater treatment plant to Five Mile Creek and the Boise River. CH2M HILL will prepare EPA Form 7550-22A (Standard Form A --Municipal) and OMB Form 2040-0086 (Interim Sewage Sludge Permit Application Form).. CH2M HILL will prepare data entry from inform- ation provided by the CLIENT. CH2M HILL will prepare supplementary information to strengthen the application based on data supplied by the CLIENT. COMPENSATION by CLIENT TO CH2M HILL will be on the basis of cost reimbursement for actual labor and expenses incurred with total cost to the CLIENT not to exceed a budget of $4,500. When compensation is on a cost -reimbursable basis, a service charge of 10 percent will be added to Direct Expenses. All scales, use, value added, business transfer, gross receipts, or other similar taxes will be added to CH2M HILL's compensation when invoicing CLIENT. OTHER TERMS: Services covered by this AGREEMENT will be performed in accordance with the Provisions and any attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. Approved f ENT \`�.�y �i,Accepted f . CH2 HI INC BY Y Titlea or — Zit o JRHqkLdla Title Boise Office Manager Date march,519 ice° mate 2 -'Lo Page 1 of 2 REV 7/93/AGREE.XLS sted: "/,(4 • Engineers Planners Economists - Scientists February 20, 1996 133410.WW.ME Gary D. Smith, P.E. City Engineer/Public Works Director 33 East Idaho Ave. Meridian, ID 83642 Dear Gary: Subject: NPDES Permit Application `?ECE1 V D CH2M HILL was asked to assist the City of Meridian reapply for a permit to discharge wastewater to Five Mile Creek and the Boise River, part of the National Pollutant Discharge Elimination System (NPDES). This letter describes that process, and how we will assist you in preparing the application. Background The City of Meridian's current discharge permit will expire at midnight on April 24, 1997. If the City wishes to continue an activity regulated under the permit, the City must reapply at least 180 days before the expiration date of the permit. For Meridian, this means the application must be received by Environmental Protection Agency before October 27, 1996, a Sunday. Practically, this means no later than Friday, October 25, 1996. Sufficient time is available to complete the application. Work Tasks Application for the permit has traditionally consisted of providing information to EPA as called for in Standard Form A - Municipal, a fourteen page fill -in -the -blanks form with 18 pages of instructions. The required raw data is generally available from the monthly records maintained by plant personnel, however, the monthly data must be entered as annualized data on the form. Meridian's application is more cumbersome because of the discharges through two different outfalls. Accordingly, Section II of the application must be completed twice, once for each outfall. Boise Office 700 Clearwater Lane, Boise, ID 83712-7708 208 345-5310 P.O. Box 8748, Boise, ID 83707-2748 Fax No. 208 345-5315 • Gary Smith, P.E. Page 2 February 20, 1996 133410.WW.ME In addition, the application will require a new activity, sludge permitting. The information that John Shawcroft gave me contains a 23 -page Interim Sewage Sludge Permit Application Form, and 45 pages of instructions. EPA will use this information to prepare the next permit with special requirements for sludge. The next permit issued to the City of Meridian will be important. It will continue to be water -quality based, but may contain new effluent limitations for other pollutants. I would strongly recommend the City be proactive in submitting this application. That is, the City should supplement the permit application with supporting data and information where appropriate. In addition to submitting the required standard forms, I would recommend the City also submit the following as appendices: results from previous whole effluent toxicity testing, the Five Mile Creek Assessment, additional chemical specific testing, pretreatment program information, and other NPDES related issues that are relevant to reissuing the permit. Proposal CH2M HILL will prepare the NPDES permit application as described above. The process must be, however, a joint one between CH2M HILL and the City of Meridian. We must rely on your treatment plant staff to provide the background data and other relevant information that allows us to assemble a complete application. In addition, it will be important that John Shawcroft be available to review the application for accuracy. Note that any false, fictitious. and fraudulent statement or entry in the application is subject to fine or imprisonment. Also. the application must be signed by either an elected official or other duly authorized employee. I am confident I can personally prepare the application, with help from my administrative assistant for $4,500. I have attached a Standard Agreement for Professional Services that outlines the work and formalizes the process. If you are in agreement, please execute the attached form and return an executed copy to me. If you have questions, please feel free to call me at 345-5310. 0 Gary Smith, P.E. Page 3 February 20, 1996 133410.WW.ME Sincerely, CH2M HILL Richard. P. Bishop, E. Project. Manager c: John Shawcroft CKMHILL STANDAReTAGREEMENT FOR PROFESSIONAAERVICES CH2M HILL's Office Address P.O. Box 8748 (700 Clearwater Lane, 83712) Boise, ID 83707-2748 Project Name NPDES Application Project No.: to be assigned CLIENT City of Meridian Address 33 East Idaho Avenue Meridian, ID 83643 CLIENT requests and authorizes CH2M HILL to perform the following services: SCOPE: Prepare an application for permit to discharge wastewater from the CLIENT's wastewater treatment plant to Five Mile Creek and the Boise River. CH2M HILL will prepare EPA Form 7550-22A (Standard Form A --Municipal) and OMB Form 2040-0086 (Interim Sewage Sludge Permit Application Form).. CH2M HILL will prepare data entry from inform- ation provided by the CLIENT. CH2M HILL will prepare supplementary information to strengthen the application based on data supplied by the CLIENT. COMPENSATION by CLIENT TO CH2M HILL will be on the basis of cost reimbursement for actual labor and expenses incurred with total cost to the CLIENT not to exceed a budget of $4,500. When compensation is on a cost -reimbursable basis, a service charge of 10 percent will be added to Direct Expenses. All scales, use, value added, business transfer, gross receipts, or other similar taxes will be added to CH2M HILL's compensation when invoicing CLIENT. OTHER TERMS: Services covered by this AGREEMENT will be performed in accordance with the Provisions and any attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. Approved for CLIENT By Title Date Page 1 of 2 Accepted f r.,CH2 HI INC ByMAX— Title Boise Office Manager Date -I- - Zo - Flo REV 7/93/AGREE.XLS CSW Hill STANDA 0AGREEMENT FOR PROFESSIONA•SERVICES CH2M HILL's Office Address P.O. Box 8748 (700 Clearwater Lane, 83712) Boise, ID 83707-2748 Project Name NPDES Application Project No.: to be assigned CLIENT City of Meridian Address 33 East Idaho Avenue Meridian. ID 83643 CLIENT requests and authorizes CH2M HILL to perform the following services: SCOPE: Prepare an application for permit to discharge wastewater from the CLIENT's wastewater treatment plant to Five Mile Creek and the Boise River. CH2M HILL will prepare EPA Form 7550-22A (Standard Form A --Municipal) and OMB Form 2040-0086 (Interim Sewage Sludge Permit Application Form). CH2M HILL will prepare data entry from inform- ation provided by the CLIENT. CH2M HILL will prepare supplementary information to strengthen the application based on data supplied by the CLIENT. COMPENSATION by CLIENT TO CH2M HILL will be on the basis of cost reimbursement for actual labor and expenses incurred with total cost to the CLIENT not to exceed a budget of $4,500. When compensation is on a cost -reimbursable basis, a service charge of 10 percent will be added to Direct Expenses. All scales, use, value added, business transfer, gross receipts, or other similar taxes will be added to CH2M HILL's compensation when invoicing CLIENT. OTHER TERMS: Services covered by this AGREEMENT will be performed in accordance with the Provisions and any attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. Approved for CLIENT By Title Accepted f ,CH2 HI INC By Title Boise Office Manager Date Date 2 - 20 - IDfo Page 1 of 2 REV 7/93/AGREE.XLS MERIDIAN CITY COUNCIL MEETING:MARCH 5, 1996 APPLICANT: ITEM NUMBER; I5 REQUEST; APPROVE BILLS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: Off r® V MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: MARCH 5.1996 APPLICANT: ITEM NUMBER; x_14— REQUEST; 4 REQUEST; WATER/SEWER/TRASH DELINQUENCIES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: Q / 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. ■ --- DELINQUENCY FOR FEBRUARY TURNOFF SCHEDULED FOR 03/1.3/96 Corrie: This is to inform you in writing, if you choose to, you have the right to a pre -determination hearing at 7:30 P.M. , 03/05/96, before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on 03/13/96, unless payment is received in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency? No response. Corrie: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, their water will be shut off. The amount of the turn off list is $19,934.89. DELINQUENCY LIST TURN OFF LIST SCHEDULED FOR 03/13/96 ACCOUNT # NAME & ADDRESS AMT. PAST DUE 1---720 DOUGLAS HADLEY 44.00 647 W. BROADWAY AVE 1---800 SID & S. BREWER 162.30 423 W. BROADWAY AVE 1--1160 DONALD J. FLATEN 44.00 32 W. IDAHO AVE. 1--1280 TECO INVESTMENTS 80.30 809 W. 2ND ST 1--1810 GLARY S CLYMEN S 44.00 729 W. IDAHO AVE 1--2020 CHRISTOPHER ZEIGEN 158.00 309 W. IDAHO AVE 1--3310 EMIL & E. BRINCKEN 93.90 711 W. PINE AVE 1--1510 EARL & K. BRINEGAR 182.60 205 W. PINE AVE 1-4100 HAROLD BRISCOE 29.00 646 W. FRANKLIN RD. 2----70 CYNTHIA THOMAS 44.00 922 W. 2ND ST 2--1050 BILL GRAU 130.00 820 N. LINDER RD. 2--1170 KENT & S. CAMPOSAN 103.40 1304 W. 1ST ST 2--1250 ELIZABETH WEAKLEY 64.90 1528 W. 1ST ST 2--1320 ELVIN BRINEGAR 86.90 27 W. CHERRY LN. 2--1570 MICHAEL LOCK 63.80 1410 W. 2ND ST 2--1760 WILLIAM RITTER-D. D. S. 91.40 317 W. CHERRY LN. 2--1770 CHERRY LN. LAUNDROMAT 450.50 309 W. CHERRY LN. 2--1860 H. LARUE BEVINGTON 80.30 240 W. MAPLE AVE. 2--1960 DONALD M. DICKSON 77.00 233 W. MAPLE AVE 2--1970 KERRY L. LARSON 194.60 225 W. MAPLE AVE 2--2020 KIRK HENDERSON 83.60 222 CAMELLIA AVE 2--2040 GREG HJELM 50.60 236 CAMELLIA AVE 2--2310 GARY & S. LAMING 192.50 1231 W. 1ST ST 2--2350 DIANA HARPER 44.00 126 W. WASHINGTON AVE 2--2490 MANUAL BARROSO 56.00 330 CHERRY AVE 2--2550 PAUL PACK 65.60 1313 W. 4TH ST 2--2748 PAUL PACK 129.80 1323 W 4TH ST 2--3120 DAVID KELLEY 77.40 1303 W. 7TH ST 2--3180 WALTER RYAN 57.20 1131 W. 7TH ST 2--3712 CLYDE BRINEGAR 86.90 1625 MERIDIAN ST. 2--3952 GARY & N. GRIFFIN 44.00 1023 MERIDIAN ST. 2-4550 TOMMY VINCENT 129.90 1329 W. 13TH AVE 2-4750 COLLEEN FUNK 93.50 1414 W. 14TH ST. 2-4770 CHRISTI COX 100.10 1430 W. 14TH ST 2-4800 JUDY L. TODD 75.90 1400 NORTHGATE AVE 2--5010 GEORGE EARLEY 47.30 1536 N. LINDER RD. 2--5040 BARRY D. MITCHELL 119.90 1527 NORTHGATE AVE 2--5130 RUSSELL SMITH 50.60 1433 W. 14TH ST. ` 2--5160 JACK WARD 1407 W. 14TH ST 2--5420 BRUCE S. LOOP 1440 ELM PLACE 2--5610 K.HOPKINS/G.L.ARCHULETA 1504 W. WASHINGTON ST 2--5650 KENNETH WEATHERS 1527 W.WASHINGTON ST 2--5790 LINDA SOULE 1104 W. 13TH AVE 2--5870 CRYSTAL MARTINEZ 1432 W. CARLTON ST 2--5890 KAY FELL 1036 W. 15TH AVE 2--5960 E.GAINES/R. SCHULER 1104 WASHINGTON PL 3---318 KIMERY DECKER 694 N.ABERNATHY WY 3---414 ROBERT & S. HUFFMAN 627 N.TALL PINE PL. 3---690 CITY RADIATOR & MUFFLER 671 N.LINDER RD. 4--1430 KENT BARNEY 2856 W. SHERYL ST 4--1436 DONALD & P.COTRAIN 2946 W. SHERYL ST 4--1626 SHANE & M. MAXEY 2812 W. WILLARD ST i 44.00 44.00 44.00 57.20 47.30 67.20 76.00 93.60 62.20 60.50 133.50 63.80 93.10 50.60 4--1778 BRIAN THIBADEAU 49.80 1360 N.STUCKER AVE 4--1846 MIKE & T. FERRY 57.20 1229 N.RUTLEDGE AVE 4--1866 RICARDO & D. CORTEZ 80.40 1378 N.RUTLEDGE AVE 4--1930 MIKE RIGGS 86.90 1421 N.VINEYARDS AVE 4--2144 WILDWOOD HOMES 44.00 1340 N.VINEYARDS AVE 4--2306 DAVID MOORHOUSE 67.10 1495 N. SANTA ROSA PL. 4--2308 CHARLES & T.BUTTERFIELD 166.10 1475 N.SANTA ROSA PL 4--2324 S U SAN & M. LEE 57.20 1532 N.VINEYARDS AVE 5---694 JEFFREY & K. LYON 50.60 3398 W.ELM CREEK DR. 5---756 STEVE & K. HUNTER 88.80 1468 N.MIRROR CREEK WY 20-1492 DENNIS TRAMPLEASURE 90.10 3565 W. TUPELO CT 20-1552 ARTHUR L. HOOK 76.40 3350 SUGAR CREEK DR 20-1584 RICHARD LOVAN 68.40 3728 SUGAR CREEK DR. 20-1638 THOMAS LINK 60.50 1920 INCLINE WAY 20-1692 STEVEN & C. NEEDS 91.50 3674 WOODMONT DR. 20-1874 PAM WALKER 106.02 2024 INTERLACHEN WY 20-2034 MICHAEL M. GROSSMAN 50.40 3606 QUAKER RIDGE DR. 20-2042 DANEEN SANCHEZ 83.60 1620 LAUDERHILL WY 20-2058 WILLIAM L. PATTERSON 110.00 3349 SUGAR CREEK DR 21---52 ROBERT BALDWIN 69.10 2088 LEANN WAY 21---80 DARIN LOWE 77.00 2402 N.LEANN WY 21--998 ROBERT & S.MARTIN 44.00 2701 W.PEBBLESTONE CT 21-1052 KENT BARNEY 55.50 2989 N.FIELDSTONE WY 21-1590 DAVID WHITTEN 59.70 2151 TODD WAY 21-1712 MELANIE JAMES 35.90 2245 LEANN WAY 21-1738 MICHAEL A. TATE 86.82 2031 KRISTEN WAY 21-1758 ROBERT B. COOK 67.10 1840 TODD WAY 21-1760 LINDY L. GRAPATIN 63.80 1890 MARIANNA PL. 21-1772 JON D. MANIER 94.54 1911 MARIANNA PL 21-1820 MARK DAVIS 50.60 2001 TODD WAY 21-1940 EDWARD & D. LANCE 60.50 2613 REBECCA WAY 21-1942 JAMES H. POOL 70.40 2609 REBECCA WAY 21-2006 MARK & T. ROSE 58.70 1732 N.MORELLO AVE 21-2018 WILLIAM STUHR 57.20 2876 W. GEMSTONE DR 21-2068 JEFFREY & P. PUGMIRE 67.10 3015 W. ANN ST 21-2070 MICHAEL A. ANKENMAN 96.00 2993 W. ANN ST. 21-2182 JUAN S. LUNA 80.30 3040 W. HIGAN ST 21-2192 THOMAS WEBER 73.30 3107 W. KANDICE ST 21-2732 RON THURBER 93.60 2482 N. STONE PL 21-2918 DAVID & K. REYES 56.40 2953 W. ELK STREAM ST 21-2920 KEVIN & B. CROFTS 208.00 2931 W.ELK STREAM ST 21-2940 LAWRENCE KOERNER 44.00 2963 W. FIELDSTREAM DR 0 21-3134 JAMES & E. LOVE 53.90 2910 N. STONE AVE 22--304 STEVEN WESTON 57.20 1650 W. CHATEAU DR 22--320 DOLPH & E. HITESMAN 66.40 1810 w. CHATEAU DR 22--868 RONALD POLLARD 75.00 2307 N. KUBIK PL 22--922 RODNEY D. BRADY 63.80 2155 MONACO WAY 22-1008 GARNETT BLEDSOE 73.70 2065 N.ASTAIRE WAY 22-1060 WILLIAM & D. HAWKINS 57.20 2052 N.SPARKLING PL 22-1088 TODD REDDY 44.00 1936 N.SPARKLING PL 22-1144 JEFFREY KORELL 50.60 2407 W. RAINWATER CT 22-1350 GAYLEN & S. COWGER 123.90 1956 W. MCGLINCHEY ST 22-1354 RODNEY WILLIAMS 70.40 1908 MONACO WAY 22-1382 MARK & C. WILCOX 86.90 2028 MONACO WAY 22-1398 BRADLEY & D. SCHRADER 55.10 1947 CAIRNS WAY 22-1.450 ROBERT & D. FRENCH 47.30 1643 W. MCGLINCHEY ST 22-1480 GARY WERNER 119.30 1743 SANDALWOOD DR 22-1500 JULIA JILL METZ 53.90 1718 W. SANDALWOOD DR 22-1504 RANDY L. SIMPSON 73.70 1764 SANDALWOOD DR 22-1520 MICHAEL A. RUFFALO 213.50 1952 SANDALWOOD DR 22-1596 PAUL GIAUQUE 108.50 1767 BEARDON CT 22-1602 ALLYN HILTON 110.10 1687 BEARDON CT 22-1634 EVA LOUISE REED 44.00 2291 N. LINDER RD. 31--248 RUSSELL S. HEUGHINS 117.50 1528 W. CHERRY LN. 31--516 SHARON JARRETT 44.00 1542 STOREY AVE 31--538 ROBERT L. MILLER 73.70 1521 KINGSWOOD AVE 31--778 JOSEPH A. SIRANI 83.60 2230 FAIRWOOD DR 31--790 DONN CLARK 70.40 1304 FAIRWOOD DR 31--862 BRYCE WALKER 87.00 1306 W. CHATEAU AVE 31-1004 ROBERT BEHNER 143.00 1531 CLAIRE ST 31-1008 CAL PERMAN 68.00 1481 DARRAH DR 31-1264 BRENT & J. MORGAN 53.90 1232 DARRAH DR 31-1274 JAMES & B. CALLISON 80.50 2662 W. 12TH ST 31-2236 LINDA PARSONS 77.00 2635 NW 13TH ST 31-2238 RENEE TUBBS 69.80 1310 DARRAH DR 31-2240 BARBARA ELLIS 44.00 1320 DARRAH DR 31-2254 RAYMOND TURNER 58.75 1402 DARRAH DR 31-2982 ROBERT & J. KING 53.50 2240 N. LINDER RD 31-2992 PAUL E. PARKER 70.40 2239 NW 15TH ST 31-3016 HARRY DAVIS 63.80 2217 NW 14TH ST 31-3018 FORREST F. SCHUSTER 111.60 2218 NW 14TH ST 31-3060 DAVID BASTIAN 162.30 960 W. CHATEAU DR 31-3236 VICKIE HRUSKA 67.10 2267 NW 11TH ST 31-3282 ALMA CLAJUS 152.90 1190 W. NEWPORT CT 104.40 57.20 77.10 72.05 50.60 56.80 61.80 60.50 47.30 80.30 119.90 106.30 73.70 108.03 31-3294 ROD T. WERLE 1061 W. NEWPORT CT 31-3336 JUDITH CRYER 811 DELMAR DR 31-3368 DONNA GARDNER 933 W. CHATEAU DR 31-3406 MARY H. ULIN 1111 FAIRWOOD CT 31-3414 DAVID J. STINGER 1053 FAIRWOOD CT 31-3420 JULIA COUCH 1012 FAIRWOOD CT 31-3436 KAREN GILLIES 2282 NW 11TH AVE 31-3474 SHAWN MCDONALD 2082 NW 10TH PL 31-3504 LINDA PADDOCK 1643 NW 11 TH AVE 31-3528 JACK TEATER 1938 NW 11TH AVE 32--230 LEONARD MCFADDEN 104 W. CHERRY LN 32-=522 STEPHEN HAVEN 1843 LAWNDALE DR 32--540 RICHARD L. DAVLIN 603 LAWNDALE DR 32--544 JEFFREY & L. FENNER 606 LAWNDALE DR 104.40 57.20 77.10 72.05 50.60 56.80 61.80 60.50 47.30 80.30 119.90 106.30 73.70 108.03 32--566 BARBARA J. HICKS 94.60 1919 CRESTMONT DR 32--662 RANDY & B. WARE 36.1.5 425 CRANMER DR 32--666 CHRIS & A. HOWELL 82.80 395 CRANMER DR 32--864 LEROY F. SMITH 103.90 694 LONGFORD DR 32-1436 WALTER MODEN 44.00 622 W. WOODBURY DR 33---56 TEL-CAR, INC 120.00 220 E. FAIRVIEW AVE 33--348 KELLY BARTHOLOMEW 46.80 1990 N. MERIDIAN RD. 33--524 BOISE VALLEY CONST. 63.00 2065 N.GLADEWATER AVE 33-1832 TORY & S. CULLEY 57.20 165 E. WOODBURY DR 33-3572 TRACY & K. ANDERSON 63.80 410 E. EDGAR CT 33-4152 MICHAEL & J. KOBE 47.30 2725 NARROW WOOD WY 33-4346 RON & P. HOLLOWAY 50.60 2531 N. LARCHMONT AVE 34-472 SCOTT L. HARDY 70.40 2162 N. ZIRCON PL 34--500 LAYNE MOURITSEN 60.50 2092 N. SAPPHIRE PL 34--504 RONALD ERICKSON 73.70 2096 N. SAPPHIRE PL 34--536 JOSEPH & D. COATES 77.60 2115 N.AMETHYST PL 34--588 CHRISTOPHER E. JANSEN 70.50 2298 N.AMETHYST AVE 34-1172 CARL & D. QUARENBERG 77.00 2530 N.BLACK BEAR WY 34-1698 DAVID & C. RABEHL 67.10 2499 N. LARK AVE 34-1838 MICHAEL P. KELLY 70.40 2071 NE 10TH AVE 34-1844 STEPHEN BUFFATT 199.10 2092 NE 10TH ST 34-1880 SHANNON JOHNSTON 44.40 2062 N LARK PL 34-1948 FORREST MOORE 83.70 821 E. WILLOWBROOK DR 34-2104 HEIDI TYLER 58.30 1034 TAMMY ST 34-2760 RICHARD THURBER 47.30 1197 E. COUGAR CREEK DR 42--346 AARON & K. JONES 63.80 2392 E. APRICOT DR 42--376 ROBERT & T. WELCH 222.20 2449 E. APRICOT DR 42-468 KYLE HILL 60.50 2561 E. GRAPEWOOD DR • 42-1990 JAMES PETTERSON 159.60 2215 N.MEADOWROSE PL 42-2248 RICHARD R. KENNEDY 63.80 2246 E. CHATEAU DR 42-2294 ROY G. HAMILTON 53.90 2122 E. KATELYN DR. 42-2734 P.R. HARWARD 100.10 1818 E. GLENLOCH ST 42-2742 JOHN & C. MCNULTY 73.70 1869 E. MEADOWGRASS ST 46--326 CASEY MCDONOUGH 47.30 3582 E. EISENHOWER DR 46-468 KEVIN & T. BORCHARDT 50.60 1071 N. FILLMORE WY 50----2 TOM & R. ELLIOTT 109.30 16 E. PINE AVE 50---12 PAUL H. SMITH 54.00 29 E. STATE AVE 50---72 JEROME W. ROE 53.90 930 E. 4TH ST 50--218 RANDY & D. ZIZZO 44.00 312 E. STATE ST 50=-226 JAMES HOWELL 223.40 234 & 236 E. STATE AVE 50--354 DENNIS CARSTENSEN 82.95 416 E. CARLTON AVE. 50-1512 JERRY MORTENSEN 56.00 1505 E. 1 ST ST • 50-1686 MARVIN M. TAVARES 38 1/2 E. WASHINGTON AVE. 50-1856 SANDRA AVERILL 1035 E. FAIRVIEW AVE 50-1992 MILO ELSTON 1054 E. CROSSBILL CT 50-2378 DARLENE & R.GUTHMILLER 1290 E. DRUCKER ST 50-2410 DAVID & C. REED 1433 N. PENRITH AVE 50-2416 KORY HANSEN 1361 N. PENRITH AVE 50-2444 STEVE & T. MCNITT 1472 N. PENRITH AVE 50-3734 CHERYL CZARNECKI 907 N. RALSTIN PL 50-4486 DAVID W. KETTLES 520 E. PINE AVE 50-4506 BETTY B. JACOBSON 436 E. PINE AVE 51--302 SHAGAY GREGORY 420 E. BROADWAY AVE 51-=306 MONIKA LITTLE 412 E. BROADWAY AVE 51--338 AUDIO ELECTRONICS 242 E. BROADWAY AVE 51--378 HARRY'S BAR & GRILL 704 E. 1 ST ST 10 73.70 20.00 57.20 72.70 50.60 50.60 73.70 57.20 88.40 44.00 50.20 50.60 44.00 397.30 51-450 MURRI'S ELECTRONICS 132.00 131 E. IDAHO AVE 51-482 RICHARD MURRAY 42.50 319 E. IDAHO AVE 51--518 KENT FUHRMAN 44.00 509 E. IDAHO AVE 51--866 CHERYL ROHRBACH 60.50 319 E. PINE AVE 51--910 JOLENE DAHMER 44.00 513 E. PINE AVE 51-3146 S & S MILLER 50.60 218 E. FRANKLIN RD. 51-3150 GERALD CROWELL 44.00 227 E. WILLIAMS ST 51-3300 DAVID ROBERTS 47.30 133 E. KING ST 51-3310 MILDRED ROGERS 42.00 226 E. 2ND ST 51-3430 ROBERT D. STRASSER 57.30 218 E. KING ST 51-3570 ROSE BRUTON 44.00 305 E. 2ND ST 51-3990 DANNY W. FISHER 39.20 116 E. ADA ST. 51-4200 PHILIP G. LORCHER 98.10 432 E. 2ND ST 51-4280 A.J.J. ENTERPRISES 333.00 521 E. 3RD ST 51-4330 JOHN NESMITH 179.20 505 E. 1 ST ST 69---46 DAVID WILLIAMS 47.30 1877 S. GOLDSMITH AVE 69--524 PAT & B. ELORDI 103.40 1082 E. PEACOCK ST 69--582 ROB LEHMAN 66.20 1289 E. SHEPHERD ST 69--590 MONTGOMERY BAPTISTE 63.80 1384 E. BORZOI ST 69-1040 RONALD & C. BAILEY 67.10 997 E. DOMINICA DR 69-1076 DAVID & L. RUPERT 83.20 923 E. STE. MARTIN DR 69-1240 DOUG HART 67.65 423 E. TOBAGO CT 69-1590 M.PAUL & J. JONES 126.50 1706 SE 3RD WAY 69-1616 ANTONIO ALONSO 96.80 1928 SE 5TH WAY 69-1620 MICHAEL L. BACHMAN 66.50 1836 SE 5TH WAY 69-2298 DIANE LANG 53.90 1895 S.MARSHWOOD PL 74---18 ALFRED & J. HOCKLEY 47.60 43 SW 7TH AVE 0 9 t' 74---94 RANDY WINWOOD 671 PENNWOOD ST 74--316 KENDALL B. KELLY 604 PENNWOOD ST 74--372 LAURA YELTON 673 FULMER CT 74--668 ROSA ROGERS 652 BARRETT ST 74-1032 BRADLY C. MICHAELSON 46 ROSE CL. 74-1082 HAROLD & L. MCKEAN 7 ROSE CL. 74-1084 EDWARD & M. NEALE 102 W IST ST 74-2332 RAYMOND BOBKO 173 LYNWOOD CL 74-2368 FLOYD ELDRED 1014 CRESTWOOD CL 74-2476 STEPHANIE ATCHISON 1358 W. K VIRA ST 74-2524 THOMAS LOVELL 1353 W. KIMRA ST 74-2616 NOEL & M. PETERSON 971 W. KIMRA ST 74-2640 JIMMY & D. MARLETT 890 W. PENNWOOD ST is 167.00 55.80 53.90 51.90 50.60 65.10 63.80 41.90 106.70 44.00 70.30 43.80 102.30 OCT P.O.'S- POLICE 155 AMER. FOR EFFECT. LAW 11-422.10-49 $1,070.00 11/6/95 156 STONE MOUNTAIN CONST 1-421.10-69 $4,005.28 11/6/95 157 PATRICK & CO. 1-421.20-40 $317.47 11/6/95 158 ID BUREAU OF CRIMINAL '1-421.10-32 $900.00 11/6/95 159 SIRCHIE FINGERPRINT LAI 1-421.10-12 $439.06 11/6/95 160 CITY OF MERIDIAN 1-421.10-54 $26.00 11/6/95 869 ADA CO. COMPUTER INFO. 1-421.10-32 $131.38 11/8/95 908 ADA TRANSFER SPLIT $915.00 11/7/95 1131 SHOMER-TEC INC. 1421.10-40 $203.00 11/6/95 1133 IDAHO CORRECTION INDS SPLIT $375.00 11/6/95 1134 PHILATELIC FULFILLIVIEN'1421.10-32 $352.80 11/6/95 1135 VISA CARD 1-422.10-49 $80.38 11/6/95 1136 DONS CONOCO SPLIT $66.40 11/6/95 1137 COP SHOP 1-421.10-44 $98.70 11/6/95 1138 ALL ABOUT OFFICES 1-421.10-32 $1,092.08 11/6/95 1139 PAUL'S SPLIT $811.95 11/6/95 1140 TREASURE VALLEY COFF11-421.10-69 $121.10 11/6/95 1141 DB SYSTEMS 1-421.10-32 $127.50 11/6/95 1142 STEVE BRADLEY 1-421.10-43 $77.95 11/6/95 1143 MERIDIAN PHOTO 1-421.10-32 $284.31 11/6/95 1144 ST LUKES 1-421.10-44 $183.50 11/6/95 1145 IDAHO POWER 1-421.10-52 $256.25 11/6/95 1146 DECKERS 1-421.10-59 $105.60 11/6/95 1147 PAYLESS 1-421.10-32 $183.28 11/6/95 1330 BODINE OIL 1-421.10-43 $103.80 11/6/95 1331 MOUNTAIN WEST COMM. 1-421.10-51 $230.13 11/6/95 1332 A.T. & T 1-421.10-51 $413.23 11/6/95 1334 MERIDIAN CHEVRON 1-421.10-43 $107.46 11/6/95 1335 US WEST 1-421.10-51 $323.29 11/6/95 1335 US WEST 1-421.10-51 $323.29 11/7/95 1336 TERRITORIAL SUPPLIES 1-421.10-42 $135.67 11/7/95 1337 AMBROSE, FITZGERALD &1-422.10-42 $5,372.25 11/7/95 1338 CINDY NICHOLS 1-421.10-50 $300.00 11/6/95 1339 ROBERT STOWE 1-421.10-43 $500.00 11/6/95 1340 WAYNE FUCHS 1-421.10-43 $500.00 11/6/95 1341 CITY OFNAMPA 1-422.10-49 $540.00 11/7/95 1342 MODERN PRINTERS SPLIT $673.40 11/7/95 1343 A & S CONST. 1-421.90-00 $10,890.00 11/6/95 1344 MER. POLICE DEPT. SPLIT $179.64 11/6/95 1345 DOUBLED 1-421.20-40 $60.00 11/7/95 1347 I.C.P.A. 1-421.10-45 $15.00 11/7/95 0 P.O. # VENDOR 1348 MAVERIK • EXPENSE AMOUNT RATE. 1-421.10-43 $162.42 11/8/95 SUM: $33,053.57 0 • OCT. P.O.'S- SEWER 677 KALBUS 60435.40-3 $128.60 11/8/95 678 DECKERS 60-435.40-5 $96.58 11/8/95 984 PENNZOIL 60435.40-6 $439.97 11/8/95 986 COAST TO COAST 60435.40-6 $118.32 11/8/95 987 PACIFIC WATER 60-435.40-6 $134.91 11/8/95 988 NORTH CENTRAL 60-435.40-6 $822.82 11/8/95 989 PACIFIC STEEL 60-435.40-6 $26.74 11/8/95 990 MCGUIRE BEARING 60-435.40-6 $49.32 11/8/95 991 S & E AUTO 60-435.40-6 $198.34 11/8/95 992 ACR PUBLICATIONS 60435.40-4 $78.50 11/8/95 993 CHEVRON 60435.40-3 $91.66 11/8/95 994 NORCO 60-435.40-6 $11.14 11/8/95 995 MAVERIK 60-435.40-3 $35,011.00 11/8/95 997 KOWALLIS 60-435.40-6 $47.51 11/8/95 999 PARAMOUNT SUPPLY 60435.40-6 $152.96 11/8/95 1001 PACIFIC EQUIP. 60-435.40-7 $3,387.50 11/8/95 1008 BOLENS 60-435.40-6 $6.50 11/8/95 1009 HIGH PURITY CHEM 60435.40-6 $24.42 11/8/95 1010 YANKS MACHINE 60435.40-6 $1,363.70 11/8/95 1012 ASSOCIATED COIL 60435.40-7 $3,088.24 11/8/95 1013 ACCURATE WELDING 60435.40-7 $846.68 11/8/95 1014 FARMERS BROS 60435.40-4 $36.50 11/8/95 1016 B.A. FISHER 60-435.40-6 $14.71 11/8/95 1017 ANDY'S 60-435.40-6 $3.74 11/8/95 1018 BUILDERS MASONRY 60-435.40-6 $141.84 11/8/95 1019 CAMPBELL TRACTOR 60-435.40-6 $1,154.73 11/8/95 1020 GROVERS 60435.40-6 $50.47 11/8/95 1021 BENSON BOLT 60-435.40-6 $37.80 11/8/95 1022 IDAHO PAGING 60-435.40-6 $352.00 11/8/95 1023 MCMASTER-CARR 60-435.40-6 $462.34 11/8/95 1025 C112M HILL 60435.40-7 $2,970.42 11/8/95 1026 SILVER CREEK 60-435.40-6 $20.70 11/8/95 1027 MIKE RICE EX. SPLIT $12,731.00 11/8/95 1028 PAYLESS 60-435.40-6 $13.96 11/8/95 1029 DRAKE PLMBG & HTG 3-435.40-73 $12,863.12 11/8/95 1031 SIGNS ETC 60435.40-7 $77.00 11/8/95 1032 SAFETY-KLEEN 60-435.40-6 $69.00 11/8/95 1040 MINERT & ASSOC SPLIT $490.00 11/8/95 1240 AHRENS & MASON SPLIT $3,711.64 11/8/95 1241 AHRENS 60-435.40-7 $172.50 11/8/95 il# 0 • OCT P.O.'S- PARKS 1175 LUMBERMENS 1-438.10-90 $36.31 11/10/95 1176 PONDEROSA PAINT 1-438.10-59 $21.31 11/10/95 1192 BOISE WESTERN CORP 1-438.10-34 $50.49 11/10/95 1193 PROLINE 1-438.10-50 $338.70 11/10/95 1194 COAST TO COAST 1-438.10-34 $31.42 11/10/95 1195 CARL'S CYCLE SALES 1-438.10-60 $155.40 11/10/95 1221 IDAHO BIT & STEEL 1-438.10-34 $9.95 11/10/95 1224 LANE WILKINS 1-438.10-34 $65.00 11/10/95 1225 PAUL'S STINKER 1438.10-34 $26.56 11/10/95 1226 S & E AUTO 1-438.10-34 $23.63 11/10/95 1227 MINUTEMAN 1-438.10-59 $58.50 11/10/95 1228 SILVER CREEK 1-438.10-59 $19.72 11/10/95 1229 PRO -POWER 1-438.10-59 $24.57 11/10/95 1231 NORTHERN HYDRAULICS 1-438.10-34 $478.06 11/10/95 1322 STANS MOWER 1-438.10-34 $317.99 11/10/95 1323 DECKERS 1-438.10-59 $39.74 11/10/95 1326 M.R. PRIEST 1-438.10-59 $42.00 11/10/95 SUM: $1,739.35 OCT P.O.' S- FIRE P.O. # VENDOR EXPENSE. AMOUNT DATE 1065 NORCO 1423.70-10 $21.84 11/6/95 1153 COAST TO COAST 1423.10-61 $90.14 11/6/95 1154 A.T. & T 1423.1040 $14.86 11/6/95 1157 DECKERS 1423.10-31 $98.47 11/6/95 1161 DEAN'S TIRE 1423.10-61 $59.00 11/6/95 1162 S & E 1423.10-61 $62.46 11/6/95 1163 ANDY'S SUPPLY 1423.30-00 $16.49 11/6/95 1164 DON'S CONOCO 1423.10-61 $41.55 11/6/95 1177 DON'S CONOCO 1-423.10-61 $115.40 11/6/95 1178 TREASURE VALLEY COFFEE 1-423.10-31 $69.30 11/6/95 1179 LUMBERMENS 1-423.30-00 $2.56 11/6/95 1180 D & B SUPPLY 1423.30-00 $6.88 11/6/95 1181 FIREMAN'S SUPPLY 1423.10-61 $62.00 11/6/95 1182 OUR DESIGNS 1-423.1040 $33.50 11/6/95 1183 WESTERN AIRCRAFT 1-423.10-58 $45.00 11/6/95 1184 MERIDIAN FORD 1423.10-61 $29.38 11/6/95 1185 DAVIS BODY SHOP 1-323.00-00 $654.00 11/8/95 1186 FIREMAN'S SUPPLY 1423.70-10 $80.00 11/6/95 1188 ERICCSON, INC. 1-423.30-00 $11.34 11/6/95 1302 NICK CORRAL 1-423.10-20 $500.00 11/8/95 1302 BLAKE CAMPBELL 1-423.10-20 $500.00 11/8/95 SUM: $2,514.17 P.O. # VENDOR OCT P.O.'S- EXPENSE ENG 945 AGS BLUPRINT AMOUNT 60-435.10-4 $5.25 DATE 11/5 951 TURN -KEY 60-434.30-1 $51,744.68 11/5 950 CIVIL SURVEY 60-434.30-1 $1,385.00 11/5 949 ROYLANCE 60435.20-7 $1,154.69 11/5 947 DON'S CONOCO SPLIT $95.25 11/5 946 ED SQUIRES SPLIT $975.00 11/5 SUM: $55,359.87 953 d-45500- 90-73 X963°`' l/fly 95y c da,rfd-A.5 sc. 60-f31� 3a -/y «0 d WA/ q57 Tram4iel s, ��icr 36, 077/5- ////y q3 o �D?� :E 93a X eroX 10'?s a° 933 Iq6ser- Sp Ctt °6 aao 11164 t'l ©�;cl ce �- .510kt OCT P.O.'S- WATER 439 S & E AUTO 60-434.50-6 $109.90 11/9/95 448 TREASURE VALLEY COFFEE 60434.10-3 $31.15 11/9/95 456 DONS CONOCO 60-434.10-6 $66.95 11/9/95 457 PACIFIC W.W. 60-434.50-0 $150.00 11/9/95 458 LUMBERMAN'S 60434.10-5 $73.94 11/9/95 464 PACIFIC W.W. 60-434.50-0 $14.05 11/9/95 467 DONS CONOCO 60-434.10-6 $12.00 11/9/95 468 MERIDIAN ELEC 60434.50-0 $10.20 11/9/95 469 OFFICE DEPOT 60434.10-3 $44.99 11/9/95 472 CAPITAL PAVING 60434.50-5 $399.30 11/9/95 473 S & E AUTO 60-434.50-0 $3.00 11/9/95 477 WW3CO 60-434.30-0 $3,360.00 11/9/95 478 CUIVMNS 60434.30-0 $477.09 11/9/95 479 GIESLER AUTO 60-434.10-6 $510.14 11/9/95 482 MERIDIAN ELEC. 60434.30-0 $1,109.00 11/9/95 483 PACIFIC W.W. 60-434.50-0 $101.72 11/9/95 484 ANDY'S SUPPLY 60-434.50-0 $125.65 11/9/95 485 PACIFIC W.W. 60434.50-0 $115.51 11/9/95 487 OFFICE DEPOT 60434.10-3 $210.03 11/9/95 489 S & E AUTO 60434.50-6 $3.38 11/9/95 490 PAUL'S 60-434.10-3 $34.35 11/9/95 491 MIKE'S SAND 60-434.50-5 $79.68 11/9/95 492 PACIFIC W.W. 60-434.50-0 $84.48 11/9/95 492 PACIFIC W.W. 60434.50-0 $84.48 11/9/95 494 IDAHO CHEM. 60-434.50-0 $93.72 11/9/95 495 W.W. GRAINGER 60-434.50-0 $263.22 11/9/95 496 PACIFIC METAL 60-434.50-0 $26.76 11/9/95 497 S & E AUTO 60-434.50-0 $18.31 11/9/95 498 WESTLINK 60434.10-5 $153.33 11/9/95 500 STEVENS & SON 60434.30-3 $4,760.00 11/9/95 SUM: $12,526.33 9501976 7 ORDINANCE NO. 726 7 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND C ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDI H ISM I 2 DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF SIZE SW 1/4 OF SECTION 1, T.3N., R.1W., B.M., ADA COUNTY, IDAHO; AN t6'F DI -Ng_ ,, t l� AN EFFECTIVE DATE. r"ST GF WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to change the zoning from R-4 Residential to Limited Office (L -O), for the following described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: A parcel of land located in the SW 1/4 of the SW 1/4 of Section 1, TAN., R.N., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2, 11, 12 and the said Section 1; thence North 89°41150" East, 1060.00 feet along the Southerly boundary of said Section 1 to the REAL POINT OF BEGINNING. Thence North 00028110" West, 38.26 feet to the Southeast corner of Lot 1, Block 2, of Dunten Place Subdivision, as same is recorded in Book 51 of Plats, at Page 5440, records of Ada County, Idaho; Thence continuing along the exterior boundary of said Dunten Place Subdivision North 00°28110" West, 367.54 feet to a point; Thence North 89°41150" East, 264.79 feet to the Southeast corner of Lot 10, Block 2, of said Dunten Place Subdivision; Thence departing the exterior boundary of Dunten Place Subdivision South 00°41,24" East, 405.81 feet to a point REZONE ANNEXATION ORDINANCE - MERIDIAN FREE LIBRARY PAGE 1 on the Southerly boundary of said Section 1; Thence along said Southerly boundary South 89°41150" West, 266.35 feet to the Point of Beginning. be, and the same is rezoned from R-4 Residential to Limited Office (L -O) and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, and the Uniform Building, Electrical, and Plumbing Codes. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R- 4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 5th day of March, 1996. REZONE ANNEXATION ORDINANCE - MERIDIAN FREE LIBRARY PAGE 2 0 • ATTEST: If It oft, TY CLERK -- WILLI101 BERG, JR. _ SE, AL = STATE OF IDAHO,) Q County of Ada, ) 111111 I, WILL BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 1, T.3N., R.1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 726 �y the City Council and Mayor of the City of Meridian, on the day of March, 1996, as the same appears in my office. DATED this day of March, 1996. 'ty Clerk, City 6f Meridian SEAL Aga County, Idaho STATE OF IDAHO'��OT County Ada, ) f''' t IN . 110111,110 On this day of March, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official ,.s -ea -1 t,4%„x and year in this certificate first above written. E L • �19 LP Ry N SEAL REZONE ANNEA;i5" rubl or Idaho at Meridian, I/daho W^./ss;0k C1crrs a`r/v"�y`i - MERIDIAN FREE LIBRARY PAGE 3 1 _ --- -- ----- ----- --- I - -- ---- - - ---------------------- -------- ------ -- - -- - ----- - - - ------------------------------------------ ----- ------ ---- - 1 1 1 / S' z i• o � I ,� I I 1 w I I I I I r � I 1 I I I F -a 1 1 I I � r I 5... 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