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HomeMy WebLinkAboutWater Agreement._ r 3310 Gekeler Lane P.O. Box 8536 Boise, Idaho 83707 Phone (208) 344-7611 ~~~ ~ ~ ~SSOCI~TED D,~IRIES October 28, 1981 Joseph Glaisyer, Mayor City of Meridian Meridian, ID 83642 RE: Associated Dairies - City of Meridian Sewer Water Agreement. Dear Mayor: This letter responds to Mr. Wayne G. Crookston's letter dated October 6, 1981, and addressed to David Whitney, attorney for Associated. We interpret the correspondence to say: (1) The City of Meridian is willing to enter into a written sewer and water user agreement; (2) that the City of Meridian will accept the user fee formula set forth in the proposed agreement previously prepared by Associated and submitted to the city; (3) that the city apparently seeks to restrict the transferability of the sewer capacity rights; (4) that the city desires that Associated Dairies pay the city for its attorneys fees incurred in negotiating an agreement; (5) that the city will agree that Associated Dairies may drill its own well for processing purposes; (6) that Associated Dairies would hook up to the city water for domestic use only; (7) that a hook up fee would be negotiated at some date in the future, with the hook up fee to be determined at that time. If any of the above is incorrect, please advise. The following are issues to be resolved and suggestions for implementing further negotiations hopefully to a final resolution: 1. Sewer Hook Up Fee: Associated feels it imperative that the sewer hook up fee or formula be expressly set forth in the written agreement. Associated requests the oppor- tunity to meet with the Sewer Board of Appraisers as provided for in 57-528 of the City Code. As we read this ordinance it states that this Board con- sists of three (3) members consisting of the mayor, city clerk, and city engineer. The purpose of the meeting would be to discuss the formula for establishing the sewer hook up fee., We would appreciate your contacting me for the purposes of arranging a time convenient to all parties for such a meeting. I would appreciate an early meeting. Joseph Glaisyer, Mayor October 28, 1981 Page Two 2. Right of First Refusal: In talking with our engineer, we believe that wording can be drafted and incorporated into the user agreement that .will be acceptable to both parties. 3. Attorneys' Fees: It is Associated Dairies' position that each of the respective negotiating parties must bear their. own respective attorneys' fees. This is generally customary when negotiating agreements and enables both parties to maintain their independence. 4. Transferability: Your proposal limits our right to transfer capacity more than we have experienced in either Boise or Caldwell. We would ask that you re- consider your position in this regard. Again, we note that what we orig= finally asked for was "the right to transfer, subject to approval of the city council, which approval would not be unreasonably withheld" We believe that this affords the city council .ample control over the transfer- ability of the sewer capacity rights involved. Associated would appreciate the opportunity to negotiate further on this issue. 5. Water Hook Up Fee: The formula whereby the water hook up fee will be established should be defined and incorporated into the water and sewer user agreement. We request the opportunity to review this formula with the appropriate Board of Appraisers. 6. Separate Well for Processing: As noted, we interpret Mr. Crookston's letter to say that the city will authorize the installation by Associated of a separate well for water to be used in processing operations. Yours very truly, ASSOCIATED DAIRIES Pat Tate, President PT/nc cc: Frank Krone ~~%x~ ~.P o~`~ ~ 9 t~.a~ p : c.- ~-~~~~ /~ ~~~~ ~G~a' . ~G2 e :: ~_ +A° ~ ' ~ ~ ` °`~C/T~ o~ ~~lZ/n~~Ql7 t08 NO. ~~' ~S7f •a~,~ ~_; SHEET~~{ ~ ~ ~- ~~ PROJECT 1 ~,~ i"J ~~® ~: ~ ,~.~ ~ '`,;~'` ~ rDESIGNED ~ DATE f~ ~~~~ '; p'~` ITEM ~SSOG, C7Ri~/E S ~ NO~i~ Uld CHECKED , ' ~'t~DATE "s~° . ~~` ~ <: :, ~~ . ~~ ~ k.. PROJECT,,r ~ ~ 08 NO.~}r~57~ i k r ° SHEET ~ ~'' '' ++yy ~ yY~ .Fa .., .. '~ ~4 lti 2~~-$ t ~ ~,~ ~^ DESIGNED DATE . ~ `1TEAn~~oc. ~1/i~~R~ES u ,~~~ CHECKED DATE ~~ .,,r AMBROSE, FITZGERALD, CROOKSTON fES McLAM ATTORNEYS AND COUNSELORS 1530 WEST STATE - P. O. BOX 427 GRANT L.AMBROSE (I~J15-IS]66) MERIDIAN, IDAHO 83642 JOHN O. FITZGERALD WAYNE QGROOKSTON, IR. TELEPHONE 8BB-4461 VAL 1. MCLAM AREA GOUE 208 David Whitney Alexanderson, Davis, Rainey & Whitney Attorneys at Law 110 North 9th Avenue Caldwell, Idaho 83605 Re: Associated Dairies - Meridian Project Dear David: Mayor Joseph Glaisyer has handed me a copy of Pat Tate's letter of October 28, 1981, which Mr. Tate wrote in response to my letter to you dated October 6, 1981. Mr. Glaisyer has directed me to respond to Mr. Tate's letter. I thought that my letter was self-explanatory, but apparently there still exists some misunderstanding. I hope that this letter will resolve the problems. First, the City is willing to enter into a written sewer and water connection and user agreement. Second, the user fee formula that has been agreed upon by the engineers is not contained in long form rough draft of the agreement submitted to the City by Associated Dairies some time ago. The user fee formula that Gary Smith and Rick Orton have proposed to be used is as follows; Ci = f i Ct Qi + F2 Ct BODi + f 3 Ct SS i BODt SSt Rick Orton would, of course, have the legend for this formula. Third, the transferability would be as set forth in my letter of October 6, 1981. Fourth, the City has consistently required developers to reimburse the City for the attorney fees they have incurred as part of the application process and fee requirements. Since, David Whitney November 5, 1981 Page Two the City first pays the City Attorney and is paid regardless of whether the developer pays the City, I see no restriction on maintaining the City Attorney's independence. The reim- bursement is considered as a part of the application submittal and approval process. These costs and attorney fees would also include expenses incurred by the City for bonding counsel. Fifth, the City agrees Associated Dairies may drill its own well, provided bonding counsel approves it. As indicated, the City would put the issue before the bonding counsel in the light most favorable to Associated Dairies and would cooperate in this endeavor as best it can. Sixth, Associated Dairies would be required to connect to City water and to use such for nonprocessing purposes. The connection fee would be that fee required, on an equivalency basis, as existed at the time of hook-up. The charge for water use would be based upon the scale for water billing as used by the City for other water users. The Board of Appraisers could review this, if requested by Associated Dairies. Seventh, the City has no objection to placing in the Agreement a formula by which the sewer connection fee would be determined. That formula, however, would include as an integral portion the charge for an equivalent hook-up in existence at the time the sewer connection fee is paid. I believe that Gary Smith and Rick Orton have worked out a proposed formula for the sewer connection fee. This formula, at today's hook-up fee would be approximately $93,000.00. This formula is based upon the present hook-up fee of $400.00, and an equivalent hook-up index of 2711. In the future, these probably will go up. The formula is also based on some data on average daily flow, BOD and suspended solids the plant presently experiences or has in the past, and the estimates Associated Dairies would have in those categories. r~ 1 David Whitney November 5, 1981 Page Three Likewise, the engineers have come up with a proposed sewer user agreement. Again, the final agreed upon formula would have to reflect the nearest actual averages on Plant flow BOD and suspended solids, the then current O and M budget and the data gained from monitoring Associated Dairies effluent discharge. The formula in the final agreement should reflect the averages and the data in existence at the time the sewer connection fee is paid. This, of course, could mean a lower connection fee than the $93,000.00 or a higher one; however, the City cannot tie itself into a set fee now which may not be paid for five years. Eighth, I agree the Right of First Refusal can be easily drafted. The 60-day notice, however, is firm and Associated Dairies would have to pay the full sewer connection fee within the 60 days or forfeit its sewer connection right. If you have any questions, please contact me. Very truly yours, WGC/pb cc: Joe Glaisyer Gary Smith Wayne G. Crookston, Jr. ~~~~ y~,Puc e- PROJECT - ~l TAI Or ~~ ~~d lr4 h JOB NO. ~S~' SHEET f ® DESIGNED s• DATE /~' 2 '~I C ITEM ~O~SS OC/. 9 T~'YJ ~ ~ ~ Y CHECKED DATE \._ J U-B a60 PROJECT C~~ CT ~p~'~~«'~''- JOB NO. 8~~~ SHEET ® DESIGNED ~*~ DATE ~/-Z "~~ ITEM ~JSDUGI~Pd° b u~r4 CHECKED DATE ~or ern u j A~ o rt ~ Oc~~ ~ a~ ~~ ...1 e Tli.e. uhave G QO ~'3P_ vr. ~7 a /R ~cirles? O PROJECT ~ 4~ h~Pr~diuh JOB NO. 8 6~~ SHEET 3 ® DESIGNED ~~ DATE 9,' Z' $~ ITEM ~ISSODU~~d aoir/PS CHECKED DATE ~: ~` ~h qlJ~ ~ X l rY1 a ~e Gc ~' ~ ~r m orl ~~ !y ,~S~r user .p W a s C+l50 rs.~d`^<u.d Oc.~~ d~,rri•n~Cy rne~f'ir~~ w!,/h' ~cl~ _ ~ ~. ~ u~o~,z~d ~s~u~ y~A~ ~2 S.T~ o~~ ~~~q@~ o Q`J~t?I'o/, ~ r)rto~~Pl y $/7} Z50 , pPr Yy~Nlr1 ~h ~, C(le Grsea ;art.. GtvP~a e ~a.;c.Gv o~ q l/ ~la~.v ..of 5~r~_ /,2d_.~G~p... ~ • We u5Q d ,ctrl u vPr a gQ ~ o~?~ a-t p,larr ~ Ar /~ S0 /6s ~ ~ ~a 4 ~ W~ us @ cl a•~ _ q ver a 9Q S. S, a t p/ark f : o r ~4d 9 /bs. ~da~ lion Ohl ~+ uSPe^ ~~ b oscd o n a b d v~ lbc~r4 a,~ P /ors _ __ ~; ~.~~ ~~/7,_?sra•1 _( o, os m9d ~ = 388. /3 _. _ ~OC~ 0.2 4~ ~ 1~/7, tSQ •~ _ C 2 O~ lbs /day ) = (p~3. 3.~ _~ _ _ ~ /350 Ibs•/dayi ~s n o•~~ (~`h zso,} (r ~a lbs./day) _ 3v5. 84 _ (/~tS9 ihs, dccy~ /?^on¢h /~ USPr ~cc b os~ ~ O» / l~'$ / avg. ~iow: o~ d gc,~an ~`itees Off' X0.05- ~~~ Sus. So%dr ~ ~3D d •- _ J~U-B C60 J AMBROSE, FITZGERALD, CROOKSTON Fri Mc LAM ATTORNEYS AND COUNSELORS 1530 WEST STATE - p. O. BOX 427 GRANT L.AMBROSE (I D15 -ID68) IOHN O. FITZGERALD WAYN E G. CROOK STON, 1 R. VAL 1. McLAM MERIDIAN, IDAHO 83642 October 6, 1981 TELEPHONE Bgg-4461 AREA CODE 206 David Whitney Alexanderson, Davis, Rainey & Whitney Attorneys at Law 110 North 9th Avenue Caldwell, Idaho 83605 Re: Associated Dairies - Meridian Project Dear David: The Meridian City Council has requested that I respond to Frank Krone's letter of July 30, 1981, First let me apologize for the delay in response. It was due to a mix-up between myself and the Council as I thought Rick Orton was going to provide the water requirements before we addressed any questions. I was wrong and the questions should have been answered first. The Council has informally considered the questions raised by Mr. Krone's letter. The definite consensus, and what appears the vote woul"d be if taken, is that a full sewer connection fee must be paid, which fee would be determined as of the date of connection. Additionally, sewer user charges would be charged under the appropriate scale. The City will grant a first right of refusal for 60 days; i.e., when the City approaches sewer capacity, it will give Associated Dairies 60 days' notice that it must connect to the sewer system within that time period or forfeit its right to do so. There would be no charge for the right of first refusal except that the City would require Associated Dairies to pay for the attorneys fees it has incurred during these negotiations. As far as the transferability of Right of First Refusal or the sewer connection once paid for, the Right of First Refusal would not be assignable except to purchasers of Associated Dairies, if such occurred. The sewer connections i r David Whitney October 6, 1981 Page Two once paid for could be transferred to a purchaser of the exact property upon which Associated Dairies intends to build its plant, it could be transferred to another site, so long as that site is where Associated Dairies builds its plant, but no other transfers could be made. The City would cooperate in endeavors to allow Associated Dairies to construct and use their own well for nonpotable use. Any drinking or domestic water would have to be furnished by the City and Associated Dairies would pay for the appropriate connection and user fees. These endeavors could not violate the City's present ordinances without approval by the City's bonding counsel, as they relate to the water and sewer bonds and refund bonds. These, of course, would be presented in an objective light for consideration by bonding counsel. The City is also understanding of Associated Dairies' desire for a written agreement and the City has no problem with this. If you have any questions in regard to the above, please contact me. Very truly yours, iV . ~1. Wayne G. Crookston, Jr. WGC/pb LOU13 W. RIGGS RALPH A. TUDOR (1902-1988) ROBERT N. JANOPAUL CORPORATE OFFICE PAUL E. POTTER TUDOR ENGINEERING COMPANY 148 NEW MONTGOMERY 3T. KEITH D. BULL SAN FRANCISCO, CA 94105 DOUGLAS J. MANSFIELD ORAL I. CONYER3 CONSULTING ENGINEERS AND PLANNERS AssOCIATED CONSULTANT DAVID C. WILLER DAV13 C. TOOTHMAN MICHAEL B. HARRINGTON 1802 NORTH 88RD STREET ROGER 3. BRA33FIELD THEODORE H. PURCELL BOISE, IDAHO 85708 PAUL S. KUNZ WALTER F. ANTON TELEPHONE <208) 842-5511 STAN L. McHUTCHISON TEVIS T. THOMPSON RICHARD F. ORTON JR. DON G. PAYNE Se tember 1981 2$ p , File: 482-04-100 Joe Glaisyer, Mayor City of Meridian 728 Meridian Street Meridian, ID 83642 Re: Associated Dairies Dear Mayor Glaisyer: Messrs . Tate and Krone asked that I provide an estimate of the domestic water demand that will be used by the proposed regrading plant . Current projections call for approximately 50 employees. Both literature and my experience indicate each employee will use from 25 to 35 gal lons of water per day (gpd) . tJsing the high end of that range the demand would be approximately 1750 gpd. That is equivalent to about 5 homes. Depending on the length, the service line and meter will probably be from 1-1 /2 to 2-1/2 inches in diameter. The process water demand which we propose to supply by private well will be approximately 250,000 gpd. As you know we are asking for sewer treatment capacity of 50,000 gpd. The difference, or about 200,000 gpd, will be unpolluted cooling water that will not be discharged to the sewer. If we can be of further help, please call. Very truly yours, DO NGINEERI .G COMP .Y cc: Frank Krone - DCA Pat Tate - Associated Dairies Gary Smith - J-U-B Engineers Wayne Crookston -Attorney RFO/hi SEp f~ ~~- . - `G~,Q~" Cyr ~~^, ,~ r G ~~ L ~~ / r ~~L / Richard F. r o' r. , P. \\\\11IIIIIII////~~ PHONE (208) 888-2817 ~~ ~~i MERIDIAN CIiAMbER Of ~ ~ COMMERCE \~\ 416 EAST FIRST ST. • P.O. BOX 557 ~~j//'I 111\\\\\ MERIDIAN, IDAH083642 IIII September 18, 1981 Mayor Joseph Glaisyer Meridian City Council Meridian, ID 83642 Mr. F. W. Krone Associated Dairies Re: Meridian Chamber of Commerce Board of Directors' Resolutions regarding relocation of Associated Dairies in Meridian Gentlemen: This letter is a result of a report by the Meridian Chamber of Commerce Industrial Development Committee to the Chamber's Board of Directors on September 18, 1981, and the Directors action based upon that report. The Directors feel that the relocation of Associated Dairies to the Meridian area would be mutually beneficial in that Associated Dairies is a desirable, dependable industry and business that has traditional and historic ties to Meridian residents and businesses. Further, the Directors feel that the area of proposed relocation is one that is logical and desirable according to the city's zoning ordinances, capacities and com- prehensive plan. Thus the Directors, by adopted resolution, encourage all parties involved to continue serious and substantive negotiations to resolve the remaining, relatively minor differences between the parties. Sincerely yours, MERIDIAN CHAMBER OF COMMERCE by ~~- Steve Gratton President SG:ds HC'B OF TREASURE L'ALLE1' A Good Place t O Live OFFICIALS U1 WANA 1 NIEMANN Clly Clark T CT 1 Y O~ M ~-1 ~~~T~~T 1 l~l L j 1 V I U . , RICHAROC. WIL AMS A. M. KIEBERT, Treaaursr ROGER SHERWIN, Cnlel of Douce 72g tilePldlaII Street GRANT P. KINGSFORO BRUCE D. STLJART, Water WorKa Supt. JOHN O. FITIGERALD, Attorney MERIDI?,N, IDAHO BILL BREWER RICHARD F. ORTON, JR. ROGER WELKER, Fire Cniel 83642 Phone 8883433 DONALD L. SHARP EARL WARD, Waale Water Supt. C~Nrman Ionlnq 6 Plannlnq JOSEPH L. GLAISYER Mayor T0: Honorable. Mayor and City Council FROM: Gary D. Smith, P.E., City Engineer DATE: August 24, 1981 SUBJECT: Associated Dairies - Wastewater Treatment The following comments relate to the proposal presented to the City by Associated Dairies for discharge of dairy waste to the City's wastewater treatment facility. The comments are recommendations as a result of the proposal review by myself, Earl Ward and Jim Coleman, P.E_, and are referenced to the' appropriate page and section of the proposal. The recommended adjust- ments are shown underlined. A_ Page l: 1. Definitions of Terms Used in the Agreement. (b) "Monthly Average" shall be the total discharge for the calendar month divided by the number of workin days in the calendar month. B_ Page 3: 1.(j) ~ "Treatment" shall mean that degree of treatment that the City is required to obtain prior to final disposal of treated wastewater in accordance with A1PDE5'Permit No. ID 002019-2. C. Page 4: (2) City's Obligations: Change all references of 30-day average to monthl average. D. Page 5 3. Dairy's Obligations_ (a) Parameter Table - Maximum Consecutive Working Day Discharge. (2nd, 3rd and last sentence beneath Parameter): The maximum one-day discharge shall not exceed 1500 of the monthl average allowance for flow, BOD and suspended solids listed above. The maximum five-day discharge shall not exceed 1250 of the monthl allowance for flow, BOD and suspended solids listed above. Honorable Mayor & City Council -2- August 24, 1981 As of the date of Agreement, the latest published edition of said "Standard Methods" is the 15th Edition. (b) Dairy shall maintain at no cost to City a connecting line from Plant to the City sewer main at a point to be determined by plant design and acceptable by the City. E. Page 6-7: The actual maintenance and operation expense shall be based on the following formula: Ci = fi Ct Qi + f2 Ct BODi + f3 Ct SSi Qt BODt SSt Where: o Ci is the monthly operation and maintenance (0 & M) cost allocated to Dairy. o Ct is the total monthly operation and maintenance cost of the facility as budgeted in the current fiscal year budget. o Qi is the average discharge from Dairy for the month in question expressed in million gallons per day. o Qt is the total flow treated by the City's facility for the month in question_ o fi is the factor expressing the portion of 0 & M cost attributable to flow. fi shall equal 0.54. o f2 is a factor expressing the portion of 0 & M costs attributable to BOD. f2 shall equal 0.24. o f3 is a factor expressing the portion of 0 & M costs attributable to suspended solids. f3 shall equal 0.22. o BODi is the average pounds per day of BOD discharged from Dairy for the month in question_ o BODt is the average pounds per day of BOD treated by the City's wastew ater treatment facility for the month in question_ o SSi is the average pounds per day of Suspended Solids discharged from Dairy for the month in question. o SSt is the average pounds per day of Suspended Solids treated by the City's wastewater treatment facility for the month in question. F. Page 7: 3.(c)(2) Maintenance and Operation for Use of Collection System: (Add the factor % to the equation with description of the factor.) Honorable Mayor & City Council -3- August 24, 1981 Cc = % (Ci) Where o = 100 x ratio of City Wastewater Department Collection System annual 0 & M budget to total annual City Wastewater Department 0 & M budget. (Note: 1981-1982: % = 3.6 ;) G. 3.(e) (1st sentence) The value of BOD and suspended solids to be used in determining the strength of Plant's waste shall be determined based on an average of at least twelve representative samples taken during a monthly billing period. Pa a 8: (f} Dairy agrees to design and construct a flow monitoring and sampling station at an agreed upon point on the plant site accessible by the City. Said monitoring station will receive all wastewater originating at the plant and will continuously record the discharge of that wastewater to the public sewer line_ City shall review and approve all plans, specifications and construction of the monitoring station. H. Page 9- (b)(1) (1st sentence) Written notification shall be given by Dairy to City at least 6 months in advance of such withdrawal. [I believe Wayne C. has some input into this section (b)] I. Page 12: (1) If the test results of split samples obtained by City differ from those obtained by Dairy by less than 25 percent, using the City results as base,' the result to be used shall be the City's results. J. Page 13: D. (last sentence) Independent tester fees will be paid by the request- ing party. E. ,(The saving of the third party sample is, according to Earl and Jim, a major problem. Earl states that samples can be stored for not more than 24 hours.) -~ Honorable Mayor & City Council -4- August 24, 1981 These comments do not address any legal modifications that Wayne would deem appropriate. If you have any questions, please let me know. GDS:ss HUB OF TREASURE T~ALLEI' A Good Place to Live OFFICIALS CITY OF MERIDIAN LAWANA L. NIEMANN, Clty Clerk A. M. KIEBERT, Treasurer 728 Meridian Street RICHARD D. NICHOLS, Chlel of Police BRUCE D. STUART, water works supt. MERIDIAN, IDAHO JOHN O. FITZGERALD, Attorney B3B4~ ROGER WELKER, Flre Chlef Phone 888-4433 EARL WARD, Wests Wster Supt. JOSEPH L. GLAISYER Mayor June 3, 1981 Mr. Pat Tate, President Associated Dairies 3310 Geke1er Lane Boise, ID 83706 Dear Pat: COUNCILMEN RICHARD C. WILLIAMS GRANT P. KINGSFORD BILL BREWER RICHARD F. ORTON, JR. DONALD L. SHARP Chdrmen Zonlnp b Plennlnp Please 6e advised the City of Meridian will entertain an agreement, with Associated Dairies stipulating that Associated Dairies will have first right of refusal for a designated percentage of treatment capacity at the Meridian Wastewater Treatment Facility. The City will instruct its legal counsel to consult with the appropriate Bonding authorities to secure clearance for Associated Dairies to have and operate their own well. The well is to 6e used only for processing as Meridian City water will be utilized for the domestic use by Associated Dairies. Tp facilitate a clear understanding to the Bonding authorities, I would appreciate Associated Dairies providing me with information supporting the needs for the well, Please reference the need for exact pressure, specific water content, etc. The City Council is firm on their sewer hookup charge of $110,000,00, The City of Meridian looks forward to further discussions with Associated Dairies and hopefully our future will be prosper©us, Best P1~rsgha1 Regards, ao a L, Glaisyer, MAYpR. CI OP MERIDIAN JLG:In pc: Meridian City Council City Attorney Gity Engineer Wastewater Supt Public Works Supt "i;t i 0 Gekeir.~ La. ~~ °.O. :~:;x 8535 u~~ Se, Icir:no 83707 hone (208) 344-7611 ~SSOCI/~TED D/~IRIES ~'; April Z0, 1981 Mr. Joe Glaisyer Meridian City Council Meridian City Hall Meridian, Idaho 8364? Dear Sirs: Our Associated '!airi,s Board met last Saturday an. ..s a re:.:at I am making the toilo~Jing proposal to the City of Meridian r~~~_..~din;; a future sewa;,e hook on fee for Associated Dairies We would propose a total hock on fee of :; ~0; JC .. u0. I°'~ w;~uld pay $,500.00 down, at the time of the agreement ,..pia y2,50i;~.f.~~~ per year thereafter, until we were hooked on tnt ewer. At t!:at tine we would pay tho rema:,,ing balance of the hcok a.: :„e. }tegarding the transfer of :he sewage: ailocat ~..,n, lye ~, ..L:~d wa::; the sewage al~ocation to remain iti~ith the land, unl.;ss we were to se.: the proposes} 30 acres t.h:it we are negotiating wi~i: :Ir. Yar.kc: rcr ar.~. for some reason would .:::~: ali builc~ir,g a dairy plant on a d~f~erent piece of property within the city of Meridi:~n. If we should chair~~ sites in Deridian, we would ~:,:nt any puyr.ent <~,,': allocations transferred to that site. Since the dairy u~:;s a consi~erable amount of water ~a large portion of the usage is for cooling purposes), we .would want permission to drill our own well on the property. In addition. to the volume of water we use it is very critical t}zat we maintain an even water pressure and on a City system this is sometimes very difficult. I understand that your city attorney has some question regarding our proposed contract and the settling any disputes by arbitration. We still feel. that our proposal on Page 13, Paragraph P~1 be used. As you know, our Contract of. Sale with 1`L•. Yc,nke i.s cont n~,;,.~nt upon rencli,ing a sat:i.sfactory sewage a~recment w th tlic C i Ly u1~ 1l~~ri d i,in, so anything that can be done to expeuite negot:..iat,ions would hi; apprec:iats;d. Very truly yours, ASSOCIAT);D DAII2IL'S ~~ Pat Tate, President ~, ,~r r; HUB OF TREASURE VALLEY' A Good Place to Live OFFICIALS CITY pF l~i:~}ZIDIAN LAWANA L. NIEMANN, City Clerk A M. KIEBERT, Treasurer RICHARD D. NICHOLS, chier of Pouce 728 Meridian Street BRUCE D. STUART, Wafer Works Supt. JOHN O. FITZGERALD, Attorney MERIDIAN, IDAHO ROGER WELKER, Flre Chief 83642 EARL WARD, Waste WalerSupt. Phone 888.4433 JOSEPH L. GLAISYI;f: INayor May 11, 1981 Mr. Pat Tate k.. _ Associated Dairies • 3310 Gekeler Lane '` Boise, Idaho 83706 Dear Pat: COUNCILMEN RICHARD C. WILLIAMS GRANT P. KINGSFORD BILL BREWER RICHARD F. ORTON, JR. DONALD L. SHARP Chalrmsn Zonlnp 8 Plannlnp r. ,~I. , , ~ _ , -. The Meridian City Council met unofficially May 4, 1981 and declined to accept the contract and propasal made by Associated_ Dairies. It is the opinion of the Council that the proposed hook- up fee for the sewer is unacceptable. The Council also is opposed to binding future "Meridian City Councilmen" to written contracts. The Meridian City Council would be favorable tb meet with Associated Dairies on a year-{y basis to keep you informed of the • treatment capacity at the sewer facility. '~e welc®me open negoti- ations and hopefully both the City of Meridian and Associated Dairies will prosper. from our efforts. " B st ersonal re ards, . /~~~~ ~ ~7 • ~Joseph,L. Glaisyer Mayor , • .,., ~, ,. - _ _. ~ _ - _~ " ~ ~ V ° J~ /rte I--~~,r~-,~---- j _. _.. l _ ,.. _ ___ _„r.,~.,...,,,, .. .. ~ ~ s, i 1 cc~.d - S~pf /980 - ----J. 2/ mG e~ _ ~ -- -_--..-.__ ~- -~-----------~---_~w_ ~' a ~ , , . lir~c .,.. s s. = f 776 k~- d .~-- •- _~ ~~ ~,.~+C7 ; t~Q I~Ne~C~{ ~ ~ ~ ~~ ,~...._~, ~~. R ~ L i~' I f /~ 3.~v TS ~ .. ~~ :~ ~ ~! ~~ .w.w ,~~r/~~ rY`!1,- - ~. c, w ;~7 f ~ , ~ j~ - ,~~t +u ~ ~} ~: "'~ .~.~...~. •~ ~•~ ,: ~ ~ ~ - ' '~ ~ u. ~ p~ra coon h~ r~s' a~ ~ ~ -.. .._.~.___ t P pp,~~ Y' Jlr si , _ . , ` ";.Ftp~ ' ~ ~~` 4 }E'S ruj ~, _ _ - { - ` . ~adg.,, X90 %6,cc.~ f ~, `... . ., ~i I k .~,~: ~,: ~s; , ~ ~.,' ,2;000 Connc ~~1;^ .. - f' " ~ V>yv,Vy~ , ~, ~ ¢~ ~, } ~ `~c~c 4~ w , ` ~ ~'~i!!~'? Y~4~C~ _ f~~ ' _ ,.Z ~ 4Or9 /ZG. Gro i ~ '. ~~ - ~ _ . ~ Y "Sti '~dJ ~ ti[ w ,- y. q- ~'~x !0 P ~ ;t~ ~ ; /(y'~_ ~~ t~,' roy ~,, ?.`~i "~~~ ~ ~ s, ,~ ,. tik~ 3310 Gekeler Lane P.O. Box 8536 Boise, Idaho 83707 Phone (208) 344-7611 April 20, 1981 Mr. Joe Glaisyer Meridian City Council Meridian City Hall Meridian, Idaho 83642 Dear Sirs: Our Associated Dairies Board met last Saturday and as a result I am making the following proposal to the City of Meridian regarding a future sewage hook on .fee for Associated Dairies: We would propose a total hook on fee of $50,000.00.. We would pay $2,500.00 down, at the time of the agreement and $2,500.00 per year thereafter, until we were hooked on the sewer. At that time we would pay the remaining balance of the hook on fee. Regarding the transfer of the sewage allocation, we would want the sewage allocation to remain with the land, unless we were to sell the proposed 30 acres that we are negotiating with t~lr. Yanke for and for some reason would end up building a dairy plant on a different piece of property within the city of Meridian. If we should change sites in Meridian, we would want any payment ~d allocations transferred to that site. Since the dairy uses a considerable amount of water (a large portion of the usage is for cooling purposes), we would want permission to drill our own well on the property. In addition to the volume of water we use it is very critical that we maintain an even water pressure and on a City system this is sometimes very difficult. I understand that your city attorney has some c{uestion regarding our proposed contract and the settling any disputes by arbitration. We still feel that our proposal on Page 13, Paragraph M be used.. As you know, our Contract of Sale with Mr. Yanke is contingent upon reaching a satisfactory sewage agreement with the City of Meridian, so anything that can be done to expedite negotiations would be appreciated. Very truly yours, ASSOCIATED DAIRIES ~', Pat Tate, President