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Home My WebLink About1990 09-04r _ i ~ A G E N D A MERIDIAN CITY COUNCIL SEPTEMBER 4, 1990 ITEM: MINUTES OF THE PREVIOUS MEETING HELD AUGUST 21, 1990: (APPROVED 1: PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY TREASURE VALLEY BAPTIST CHURCH: (NEW FINDINGS TO BE PREPARED) 2: PRE-TERMINATION HEARING: WATER, SEWER,.TRASH.DELINQUENCIES:(TURN-OFF APPROVED_ 3: APPROVE THE BILLS: (APPROVED) 4. BID ON REROOF PROJECT AT SEWER PLANT: (AWARDED TO MODERN ROOFING) 5: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL SEPTEMBER 4, 1990 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Max Yerrington: Others Present: Walt Elhart, Earl Ward, Gary Smith, Bill Gordon, Jim Johnson, Moe Alidjani, Kay Beumeler, Robert Carrie, Jay Edmunds, Tim Cathcart, Rick DeMichele, Wayne Crookston, The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous meeting held August 21, 1990 as written: Motion Carried: All Yea: Item #1: Public Hearing: Request for Annexation & Zoning by Treasure Valley Baptist Church::.:. ' Mayor Kingsford: I will now open the Public Hearing, is there anyone in the audience who wishes to testify on this request? Tim Cathcart, 5304 Cortez Circle, Boise, Cathcart was sworn by the Attorney: Cathcart: You have the information that was discussed at the Planning and Zoning hearing, we are requesting a building addition at our existing building and to facilitate this we felt it would be the easiest to be annexed into the City, the addition would be similar in appearance to the existing building. (Showed artists rendition). One of the items that we were most interested in was having the City Sewer run to our property for this addition. Couple of concerns we had in the previous meeting was one was that there was a deposit required by ACHD for street improvements and we asked that it be waived and the P &Z agreed to that, the second. request that we had was that you waive the requirement for fire hydrants at the facility, the reason we felt we should ask for. this is the city water is some distance from our property at this time, in the neighbor- hood of thirteen hundred feet, the situation that is there now is going to be basically the same as when we complete the new addition. The new building is going to be constructed in such a way, there will be a two hour fire separation between the new building and the old. Giesler: On the deposit required by ACRD, would that be to help rebuild Teare Ave then rather than Overland Road? Mayor Kingsford: Probably Teare Ave. Giesler: What happens in the case when that became ready to be rebuild? Where does the money come from then, if those funds are not set aside? Cathcart: We would be more than willingly to pay ,our fair share at the time that any development goes .into. that area, we would just prefer at this time not to have to hold out of .funds that we have dedicated to our building fund. Giesler: Did you have some kind of ,cost of ,running. the water. to your project , if ,you were to do that now? MERIDIAN CITY COUNCIL SEPTEMBER 4, 1990 PAGE # 2 Cathart: Something in the neighborhood of $25,000 to $30,000. Giesler: It looks to me like we are getting quite a large structure there, is the amount of water you have adequate to fight a fire there, the Fire Department has some concerns there? Cathart: The well that is on site would not be adequate, I don't believe, Again I think the point that we make is that the situation that you have right now is the same as it would be when we complete the new facility. The number of people that would be there would basically be the same, we would be allowing ourselves some growth but at this point we are not building for that reason, we are building because we need more space for the number of people that are there. Because the building is a church there are only people in there two days a week primarily, Sunday and Wendesday. Giesler: We also need to look at the safety of the fireman. Mayor Kingsford: I have some concerns that the. existing stucture does not have more flow for fire protection, I did not visit with you but I under- stand along that line that comments were made that within a year you might be willing to connect to City water. Cathart: We would be willing to City water as it comes closer to us, where we could be looking at some reasonable cost. I would hesitate to say we would be willing to spend the $30,000 lets say one year from now, if we had to run it the same distance as we do now. Bob Aldridge,3300 DRive, Meridian, Aldrich was sworn by the Attorney: Aldridge: Just a couple points I would like to raise on behalf of the church, first of all our problem is not in the long run being on City water, we are going to be on City water, our problem is that we are a small self financing church, we are raising internal funds to do this on a as you go basis and we are going to be doing a shell and. then fill- ing that in over a muti year process. Our problem is the $30;or $36 thou- sand on the water right. now substantially changes our building. to any- thing because we are having to do this in stage and pieces as it is. There are various project surrounding us that we know that in some point and time, whether it is now, six month or a year from now, or two years from now are going to fill in., Mr. Van Aucker has made various noises about something coming in between us and the Coke plant, when he does that water is going to come down and be within three hundred feet, and we are going to connect. The Boy Scouts have talked about coming in down at the end of Teare, if they do that they are going to have to. extend water to that location.It is not a question of trying to avoid this long run, it is just a question of when do we have to do this and what kind of expense it is going to be. As far as the deposit on ACHD, the reason the P & Z looked at that it is really not needed right now we are at the end of the road, this was for a turn-a-round bulb down. there. Again the City Ordinance talks about being 300 hundred feet as being the requirement. Giesler: Would they be entitled. to a late comer's fee or something. if they were to go ahead and put the water in? Maybe. they .are not interest- ed in that type of situation but if like Van Aucker or someone did a project would they be entitled if they went ahead and get something back/ ~, --. MERIDIAN CITY COUNCIL SEPTEMBER 4, 1990 PAGE # 3 Mayor Kingsford: That is something that could be arranged. Have you visited any with. Mr. Van Aucker with regard to joint participation? Aldridge: Yes, but he just doen't know what he is going to do and when he is going to do it. So he is really not interested in fronting any funds right now. Again it is not a question of when we get it back, we know we will get it back evidently, we just do not have those front end dollars to work it with and still do our project. Giesler: Have you looked at any kind of insurance problems, not having adequate water supply to fight a structure that size? Aldridge: The insurance is not going to be a problem, again we are an existing situation where that does not really change, numbers are the same.Right now we are not adequate to fight fire, we know that, we would like to change that, but again we cannot change that without a tremendous amount of expense and as a practicalmatter we have to ask you to hold off on the annexation, we wait until we get more dollars and then do it at that time. Myers: How many members do you have in your church? Aldridge: en Sundays we will get up into the four hundred range, half that on Wednesday night. W.R. Johnson: 1083 Justin Place, Johnson was sworn by Attorney: Johnson: Point I want to make is that the P & Z was unanimus in their opinion that the City's liability increases substantially when this church is brought into the City. That was our main concern, that is why we suggested that they cannect to city water. Actually bringing the property into the city is no benefit to us because we do not get any tax dollars, but we do have that increased liability. Aldridge: One of the factors that I think has been misunderstood is this goute, unquote increased liability for the City, when we come in and say we do not want water right now, we know this problem but we are asking for a delay until we come through it, if we burn to the ground because we could not do anything and then came back to you and said we want to some- how pay for that or that you are liable for that, we would be laughed out of any court in the state. The liability cases that happen, happen when the City itsself on its own does not provide things that it is supposed to and that we had reasonable expectation of getting, we are denied those. That is not the situation,I think that number one, no we are of no immediate benefit to you although I would point out to you we are extend ing that sewer across, we are making that next property over which will probably be commercial property which will add tax dollars and make it much more available than it is now and at a lower cost for them. We are still within your fire district, and if fire trucks come out there, it is still the same fireman, a fire. that we would have is still going to be the same fire that we would have with the larger structure. We are not talking about increases in anything in terms of additional risk, in fact our new building is going to be much better fire wise than the old. Mayor Kingsford: I think your comments and intentions are good, I just submit that under the deep pockets premise they are going to gouge us a lot worse than they would the fire district, we do not have liability MERIDIAN CITY COUNCIL • • SEPTEMBER 4, 1990 PAGE # 4 currently,. the Rural Fire District does and you are not going to have the same deep pockets, I agree the .church is not going to come after us for replacement of building, my concern comes liability if you have one person injured out there, then you have a whole different situation. Myers: If we do not annex you, what is your building plan then? Aldridge: We will have to go to the County and see if we can do the same thing, we might still have to hook into your sewer system, our alternative would be to put in large septic tanks, but we do not want to do that, we want to be on sewer and that is one reason we are doing the annexation. This is an unexpected snag for us, we did not know we were going to have to do this, we looked at the Ordinance and soforth and it said 300 feet, we said ok fine we are way outside that. It would have made no difference had you said this we would have just taken a deep breath and said of fine we cannot do our annexation, we would have to just wait for a while. That wpuld be our next step, we would have to go to the county and see what they would do . Mayor Kingsford: Counselor, do you have any comments in regards to liability, that you would like to offer? Counselor: Well, as discussed you always have an exposure, it does change from the Fire District to the City, they are separate enities,there is the deep pocket theory as stated by the Mayor, but I agree that the necessary liability is probably not a whole lot different, it is just a different party as to who is being expected to pay for that liability. Mayor Kingsford: Anyone else from the public who wishes to offer testimony? There was no response the Public Hearing was closed. Mayor Kingsford: I don't think this is a tremendous issue, it is just something you need to think about, while we will not get any tax benefit we will get a building permit fee that we will get rather than the County if it is annexed and as has been stated some day down the road it will be in the City. Tolsma: How long are you going to be under construction Cathart: Six month to a year for the shell and the interior after that, Probably would not occupy for year and half on longer. Myers: I am a little concerned with, not necessarily. the. time period but the situation that you pay as you go, I have been involved in those types of projects before and I am wondering when you get down the road to the point where you need to have that water hooked up there, where it comes within 300 feet whether you are going to have the fund s: to do it then and the same thing with the ACHD. A~.dridge:That 300 ft .would be no problem, the problem we have. here is we have to run a batch of 10" line down. Overland to Teare and then 8" line down Teare. The ACHD thing when it comes up, I do not i~i~ink it is going to be that large, most of that bulb is in, it is just finishing off that turn-a-round. Giesler: That project out there is very nice, I think they have done a very fine job and they keep it up, I just have a real problem with not MERIDIAN CITY COUNCIL SEPTEMBER 4, 1990 PAGE # 5 having an adequate water supply out there, even though you have the 400 people in there once or twice a week, there is the possibility it could happen at that time, I am having a real problem going along with this, even though it is a nice project and I hope that everything goes, I think this is important enough and if it is important enough with you to do this project, you need to figure out someway to raise those funds to do it right. I just do not think I can go along with this project without having the adequate water supply for fire, the fire department is concerned about it and I am to. The Motion was made by Giesler and seconded by Yerrington to have the Attorney prepare new Findings on this request. Motion Carried: All Yea: Mayor Kingsford: There is a lot of factors and I am sure. the Council arrived at your decision with a good deal of thought we have buildings of that size that are not on City water now that the rural district protects, but that does not mean we need more, I stand by your decision if that is it. One thing the Council needs to be aware is the County is probably going to approve exactly as they are without sewer & water. So you might be looking at it happening aside from the fact that it will be our liability verus the Rural. Fire liability, it will still be our fireman out there and we will have no building permit again that is your decision. Thank you gentlemen. Item #2: Pre-Termination Hearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford: You have been informed in writing if ,you choose to you-have the right to a pre-termination hearing before the Mayor & Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer & trash bill is delinquent. You may retain Counsel, is there anyone in the audience who wishes a pre- termination hearing? There was no response. Due to their failure to pay their water bill or present any valid reason why the bill has not been paid, their water shall be turned off on 9/12/90. In order to have their water turned back on there will be an additional fee of $10.00. 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 shall be shut off. The amount of the delinquent accounts this month is $12,473.65: The Motion was made by Tolsma and seconded by Myers to approve the turn off list as submitted. Motion Carried: All Yea: Item #3: Approve the Bills: The Motion was made by Tolsma and seconded by Xerrington to approve payment of the bills: Motion Carried: All Yea: Item #4: Bid on reroof project at Sewer Treatment Plant: ~ J ~ Meridian City Council September 4, 7.990 Page #6 City Engineer: We opened Bids today for reroof project for five roofs at the Sewer Treatment Plant, we received two bids, Modern Roofing & Tolley Hughes, the low bidder was Modern Roofing with a bid of $20.,079.00. Tolsma: How long warranty do we have on this? City Engineer:. I can not tell you, I think it is a 20 year roof and pro-rated over the period. ~iard : Ten Year . The Motion was made by Yerrington and seconded by Myers to accept the low bid from Modern Roofing in the amount of $20,079.00 providing it meets the bid specification and the appropriate warranty. Motion Carried: All Yea: The Motion was made by Myers and seconded by Yerrington to authorize the Mayor & City Clerk to sign the necessary documents in conjunction with this bid: Motion Carried: All Yea: Department Reports; City Engineer: The Ten Mile Sewer Project is progressing,. the Contractor hasn't encountered any problems. On the Ten Mile Road. Sewer Project we have not arrived at a settlement on the additional funds the Contractor is requesting. Counselor: I would like to announce today is my Grandmothers ].00th birth- day: Being no further business to come before the Council the Motion was made by Myers and seconded by Yerrington to adjourn. the meeting at 8:20 P.M.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: a .~ ATTEST: T KINGSFORD, MA OR City Clerk Mayo Council P & Z embers Atty, Eng, Fire, Police, Ward, Stuart, Hallett, Gass, Bldg, Dept. ACHD, NIMD, CDH, SIRD, ACC. Valley News, Statesman Mail (1) File (1) r. ACCOUNT # TURN G`!~' LIST SEPT. 12,1990 NAME & ADDRESS AMOUNT 6 John R. Beaudoin 713 Meridian St. 382 Stan Lantz 608 W. 3rd 910 Richard Hines 123 W. Idaho 916 Lisa A. Kugel 736 W. 1st St. 3312 Sandy Myers 519 W. Pine 3320 Rosalie Wiliiams 433 W. pine 3388 K. Stewart, B. Smart 1332 W. 1st St. 3550 Kerry L. Larson 225 W. Maple 3554 Richard Newberry 1337 W. 2nd 3564 Don Todd 236 Camellia 3576 Larry A. Cornwall 231 Camellia 3586 Louie J. Neagle 216 Cherry Ave. 3660 Ellen M. Bailey 338 Cherry Ave., 4088 Paul Pack 1313 w. 4th st. 4352 Wasatch Investments 1319 W. 7th 4752 R.W. Vantries 624 W. Carlton 52.90 68.85 60.00 27.40 56.70 37.10 101.90 66.00 63.60 62.50 72.40 97.70 45.90 59.60 54.70 101.00 Account # -------------- Nam Address ---- A ------.~---------------- mount 5224 Phil Brodhocker 27.85 303 W. Washington 5354 Alan Crager 78.10 1232 Elm Court 5574 Richard A. Teutsch 75.90 1305 W. 13th Ave. 5576 George Kinnedy 36.00 1231 W. 13th 5606 Judy Albrecht 105.00 1406 W. 14th 5738 Bruce A. Meyer 67.80 1401 W. 14th St. 5772 Robert Tidwell 86.70 1433 Elm Place 5782 Charles Harris 28.00 1434 Elm Place 5818 Randall Wright 66.70 1426 W. Washington St. 6524 Charles A. Huskins 45.70 1114 W. 12th Ave. 6600 Harold D. Brown 101.30 1122 W. 11th 22322 Mickey Ware 131.40 3721 Sea Island Crt. 22354 Philip Allison 84.20 2024 Interlachen Way 22406 Gary C. Newbold 94.60 1761 Interlachen Way 22476 CHristopher P. Scherer 82.00 3760 Quaker Ridge 28896 Bob Charters 48.60 1996 Kristen Way 28924 Robert Athay 99.20 2 2 8 8 LEl~n Way ~Account # Nam Address • Amount ..~ 30816 Steven Davis 88.20 2111 Todd Way 30826 Douglas Henderson 46.40 2085 Kristen Way 30868 Robert C. Unger 102.30 2203 Leann Way 30888 Royal Ashby 111.80 2053 Kristen Way 30912 Robert B. Kock 76.10 1840 Todd Way 30920 Rick K. Coffman 72,70 1960 Marianna Place 30970 Daniel Wilmot 111.10 1879 Todd Way 30990 Clinton Barnhart 97.25 2580 Misty Drive 30992 Darrell Calhoun 131.80 2586 Misty DRive 31002 Val Westergard 42.20 2551 Misty Dr. 31046 Gale Liberty 83.70 2591 Rebbecca Way 31080 Steven M. Cantrell 116.20 1750 W. Chateau DR. 31090 Clifford Wells 89.90 1830 W. Chateau Dr. 32320 Cheryl ANderson 69.70 1891 Hendricks Place 32342 Michael Schaeffer 149.10 1933 Dandalwood Dr. 32466 Debra Rambo 121.80 1994 Sandalwood Dr. 32548 Donald H. Fisher 65.70 1750 Beardon Cr. Account # Name Address 35352 Cal Perman 1481 DArrah Dr. 35364 Roger Olds 1411 Darrah Dr. 35372 Merton Logue 1341. Darrah Dr. 37224 Leeon Martineau 1332 Darrah Dr. 38275 Sharon Jarett 1542 Storey Ave. 38368 John R. Fisher 2025 N.W. 12th St. 38428 Kerry L. Wilson 2230 Fairwood Drive 38600 Robin Yelton 1089 W. Chateau Dr. 38614 Holly Longden 1003 W. Chateau Dr. 38622 Phyllis Allen 1012 W. Chateau 38650 David E. McGowan 2211 N.W. 11th St. 38780 Joe N. Degollada 2212 N.W. 10th Ave. 38824 Philip R. Carroll 1080 Delmar Dr. 38844 James Schondel 1053 Fairwood Ct. 38866 Tanya G. Lafee 2282 N.W. 11th 38894 Lori Babbit 2051 N.W. 8th St. • Amount 57.50 69.50 72.20 100.90 98:1 62.20 76.40 142.55 15.50 58.20 115.90 14.60 109.10 99.70 22.90 65.00 Account # Name Address Amount 39332 James Hudson 73.40 1015 Storey Ave. 39882 Meridian CHerry Lane 4116.00 314 W. Cherry Lane 40128 Vincent Gardner 104.20 2070 Crestmont Dr. 41208 Roger Becker 96.00 671 Tiffany 46052 American Textiles 95.10 200 E. Fairview 47884 David L. Stucker 98.60 1164 Torrington Ct. 48728 Michael P. Kelly gg.20 2071 N.E. 10th Ave. 48744 Wayne McGurer 104,10 1011 Claybourne Dr. 48818 Calvin L. Bishop 150.30 923 E. Willowbrook 48834 Waide Woodland 84.10 1074 Clarene St. 52964 John Pratt 47.10 1420 E. 2 1/2 St. 53700 William Nitzel 53.20 1326 E. 1st 53800 Apollo Cleaners 144.40 1535 E. 1st 56090 Frontier Tire 144.40 614 E. 1st 56340 Monica Little 68::.80. 412 E. Broadway 56356 David A. Haymond 43.80 318 E. Broadway 56392 It Happens 704 E. 1st 141.55 • Account # Na~& Address ~ Amount 56454 Robert. C. Horton 67.30 237 E. Idaho 56466 Cynthia Clyne 65.20 325 E. Idaho 56728 Monte Fisher 55.30 426 E. Idaao 58682 6V.D. THompson 49.85 924 E. 4th 58696 Alvin Garrett 79.70 934 E. 5th 59542 Steven Nesmith 43.50 47 E. Bower 60180 American Hydro Systems 106.80 521 E. 3rd St. 60430 David Roberts 67.50 133 E. King 60478 Betty Raynor 37.10 210 E. King 60562 Helen Bokman 58.20 111 E. 3rd 61782 Gary R. Knox 36.10 205 E. 2nd 61942 Gary Fors 82.80 52 S. Meridian St. 70558 Max Miller Const. 41.10 1928 S.E. 5th Way 70562 Michael Bachman 113.50 1836 S.E. 5th way 92120 Ira Gunn 26.70 211 S.W. 7th 92144 Steve Lane 55.10 469 S.W. 7th 92804 Gary Eastburn 80.70 765 Hanover Ct. 93748 94606 98210 Rock Chuck's Bar & Grill 229 W. Franklin Kelly R. Lutz 1141 Crestwood Dr. Idaho TAnk & Culvert 724 Taylor Ave. • 74.80 34.50 630.00 TOTAL CUSTOMERS ( 03 TOTAL DUE ~ a, ~7 3, 6$