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HomeMy WebLinkAbout1994 01-18~ ~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, JANUARY 18, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JANUARY 4, 1994: (APPROVED) 1. VARIANCE REQUEST: RODNEY BRADY AND TERRELL TINGEY: TABLED AT JANUARY 4, 1994 MEETING: (PREPARE FINDINGS OF FACT CONCLUSIONS OF LAW) 2. JOINT POWERS AGREEMENT: TABLED AT JANUARY 4, 1994 MEETING: (APPROVED) 3. GONSENT TO ASSIGNMENT: ENGINEERING AGREEMENT: TABLED AT JANUARY 4, 1994 MEETING: (APPROVED) 4. RESOLUTION #152: MUTUAL COOPERATION PLAN: (APPROVED) 5. FI1dAL PLAT: ARIEL ESTATES SUBDIVISION: SUBDIVISON IN ADA COUNTY AND IN MERIDIAN'S AREA OF ~MPACT: (A~PROVED WITH CONDITIONS) 6. PUBLIC HEARING: VARIANCE REQUEST: HUNTS BLUFF #2 BY MARTY GOLDSMITH: (PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 7. CAROL FELT: CLARIFICATION OF WATER AND SEWER COSTS TO HER HOUSEHOLD. PROTEST OF RATE INCREASE: 8. GIS MAPPI1dG CONTRACT WITH ADA COUNTY: (APPROVED) 9. DEPARTMENT REPORTS: PLANNING A. B. C. D. E. F. G. DIRECTOR: WESTSIDE BIBLE CHAPEL ANNEXATION AND ZONING (PREPARE ORDINANCE) CHATEAU MEADOWS #8 - LOT DRAINAGE SITUATION IDAHO ATHLETIC CLUB COMPLIANCE FIVE MILE TRUNK SEWER STATUS REPORT MERIDIAN ENERGY STATUS REPORT TRANSITION TO FULL TIME PLANNING DIRECTOR DEVELOPMENT AGREEMENT (CITY ATTORNEY TO PREPARE DRAFT) • ~ MERIDIAN CITY COUNC~L_____ JANUARY 18. 1994 The regular meeting of the Meridian City Council was called to order by Mayor Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Corrie, Walt Morrow, Max Yerrington: Others PreSent: Will Berg, Wayne Crookston, Wayne Forrey, Marty Goldsmith, Don Bryan, Don Stillwaugh, Ken Hendersen, Bruce Freckleton, Terrell Tingey, Rodney Brady, MINUTES OF PREVIOUS MEETI1dG HELD JANUARY 4, 1994: Kingsford: Any corrections, deletions, additions to those minutes? Entertain a motion for approval. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to app~ove the January 4, 1994 minutes, all those in favor? Opposed? MOTION CARRIED: Al1 yea ITEM #1: VARIANCE REQUEST: RODNEY BRADY AND TERRELL TINGEY: TABLED AT JANUARY 4, 1994 MEETING: Kingsford: I see both parties here, would you like to come forward and update the Council. Tingey: Mr. Mayor, members of the Council, at our last meeting last month the issue was brought up concerning the construction method of the building. And I would like to re-assure the Council that we are not seeking a variance or exception to the City's code on the type of construction of the building nor are we seeking a Conditional use permit to change the use of the site. We expect to abide by the conditions that are already imposed upon that lot. After that issue was brought up I asked 2 developers to price out the proposed building using conventional frame and wood sided construction and both of those estimates came back at approximately twice the cost of the building we are considering. We are not able to find a good compromise to the concerns that were raised about the appearance of the building by Mr. Walker and Mr. Dunn. I would like to just say that the purpose of this petition was to request a variance to the property line and if I may use this illustration, this property is on the corner of 11th Avenue and Cherry Lane. The bill of law says we are set back almost a 100 feet from Cherry Lane, 30 feet from 11th Avenue NW and what we are really requesting is that the north property line be considered the side property line for all practical purposes. Because for Mr. Dunn's property • ~ Meridian City Council January 18, 1994 Paqe 2 it is a side property line and that we get an appropriate setback for a side property line. Mr. Forrey, in light conversations with i~im has indicated that for a commercial property in Meridian it is very common to see a 7 or 10 foot setback for those properties that are adjacent to residential areas. And I would like to say that a 7 or 10 foot setback for this purpose would be perfectly acceptable to Dr. Brady and myself. Kingsford: Any questions the Council may have for Dr. Tingey? Corrie: Mr. Mayor, Terrell have you seen any of the comments at all that Gary Smith has made in reference to this irriqation outlet structure that exists on this northeast corner, we need a maintenance area back through there. Tingey: I don't have a copy of that report however when I talked to Wayne this afternoon he read it to me, so I'm familiar with it. Corrie: So you are also familiar with the Ordinance that he is referring to here as far as paving, landscaping, underground sprinkling, lightinq and fencing, are you aware of that Ordinance? Tingey: I may not be perfectly clear on it. I know that the site will require drainage, a drain field to drain the parking area, but I' d have to do my research to understand the comments about the fencing and the lighting. Kingsford: I think either Mr. Smith or Mr. Forrey could help clarify those. Tingey: I don't think there would any problem complying with those requirements. Kingsford: Do you have any kind of artist rendering or architectural picture of the building you are proposing? Tingey: I have a rough sketch that was done by the manufacturer, Action Steel Builders. It is basically an elevation sketch. This sketch when I asked them to sketch this out, basically shows the slope of the rough, how the structures, the doors in the front will be arranged and its not much more than a square footage area and an elevation sketch. Kingsford: I was more concerned with the appearance of the building, I guess Dr. Tingey. Tingey: Another company, which we have done some communication with, specializes in steel structures, has a brochure, and the structure we are talking about is not qoing to be as big as • • Meridian City Council January 18, 1994 Page 3 an aircraft hangar. The steel siding has vertical reinforcements you can take a look at that brochure. They are used for basically reinforcing and strengthen on the siding. I've been able to see similar buildinqs that have been built in subdivisions throughout the county and residential areas as well as farm areas. I think many neighborhoods are not opposed to that type of a storage garage. Kinqsford: I think that was one of Mr. Walker's big concerns was the appearance of the building. Tingey: That is correct, and I have to admit that beauty is in the eyes of the beholder. Certainly a brick garage would look great but that would be about 3 times the cost of this type of structure. Corrie: Mr. Mayor, I guess my question is, you have such a nice looking building why do you want to put this type of building behind there, just money. Tingey: Cost is a consideration, but I guess our choices are a steel building a brick building, a wood shingle side building and up keep on a painted building is more than a painted steel building. In fact people will buy steel siding to avoid having to paint their houses every 5 or 10 years. So this type of building requires very little up keep and it does maintain its looks over the years. Yerrington: Do you know if there is a building similar to this that we can take a look at in this area that has been sold by this manufacturer of this product? Tingey: As a matter of fact Saturday I looked at some buildings that were near Overland and Black Cat, they were under construction. I cduld get you those addresses if you would like, I don't know them off the top of my head. Yerrington: Thank you Kingsford: Any other questions or comments? I guess I have one for legal counsel, where are we at with our Ordinance Wayne, we are talking about a variance on a setback or how we interpret a setback. What is the Ordinance concerning the construction, do we have latitude on the construction? Crookston: Only if it was some type of construction that was required by our building codes, but I'm not specifically aware of the variances for the setbacks. I don't believe the type of construction is before the Council the things that you have to find are that basically it is something, the basic guidelines are it is • ~ Meridian City Council January 18, 1994 Page 4 something other than a cost reason. Some justification for the variance other than avoidance of cost something that is not necessarily self created, things of that nature to get the variance. I'm afraid that just the desire to place a building in a certain area doesn't always come within the quidelines of a variance unless you have some construction impediment that is there and you can't move it then a variance is in order. The Council has been somewhat lenient in applying those standards. Kingsford: Well, T guess of~ the top of my head I would think that the lot could actually be split with the number of square feet is has and which case they are absolutely right the back of that lot would be a side lot and a variance wouldn't be required. I think that would fit into that other than financial hardship, Walt. Morrow: I think my observation here is with respect to the construction although I~m sensitive to the neighbors desires to have something a little more attractive than say a conventional metal storage building, but my impression is that there is not a 1ot that we as Council can do with respect to that construction because we don't have the design review process that sets bolder standards and that right to review a buildinq and have requirements for the type of construction within that building exactly on that site, is that a fair assumption? Crookston: That is correct. Morrow: So the issue here really is do we wish to grant the variance for the setback, or do we not wish to grant that variance? I think that we can have some moral persuasion that says let's spruce the building up and try to be compatible with the neighbors in the neighborhood and sensitive to their desires. I just don't think we can say you have to build a brick building or a side building or whatever else. Kingsford: I think if you did that would be a conflict of interest. Any other thoughts from Council? What is the Council's pleasure? I quess I might ask Mr. Forrey's my comments about the size of the lot and so forth, am I right in that assumption without going out and measuring that given the setback that they already have would that make a buildable lot, the back portion of that. They have adequate parking in front and having a backyard setback. Forrey: Mr. Mayor, members of the Council, it would. I believe it is a buildable lot in the back. If that was approved by the City then that would be a side yard and not a rear yard, and a side yard is 5 feet per story. So, that would negate the need for a variance so its kind of a tricky manoeuver that is not the intent of the applicant but he is correct that could probably be accomplished • • Meridian City Council Janua~y 18, 1994 Page 5 under our current Ordinance provision. That lot would definitely restrict the size of building you could build and the parking, it would be restrictive but it would be a buildable lot. Kingsford: Thank you, is the Council prepared to make a ruling? Crookston: You need findings on this. Corrie: Mr. Mayor, I move that we direct the City Attorney to prepare Findings of Fact and Conclusions on the variance request. Morrow: Second Kingsford: Moved by Bob, second by Walt to have the City Attorney prepare Findings of Fact and Conclusions of Law on the variance request for Brady and Tingey, all those in favor? Opposed? MOTION CARRIED: All Yes ITEM #2: JOINT POWERS AGREEMENT: TABLED AT JANUARY 4, 1994 MEETING: Kingsford: Counselor, do you have any comments to make on those? Crookston: I have reviewed that and have suqgested some changes which are incor~orated in that document that you have before you. Corrie: The ones that we had last time are changed? Crookston: Yes Kingsford: Is the Council prepared to make a decision on that? Morrow: I would move we approve the Joint Powers. Yerrington: 5econd Kingsford: Moved by Walt, second by Max to approve the Joint Powers Agreement, all those in favor? Opposed? MOTION CARRIED: AlI Yea ITEM #3: CONSENT TO ASSIGNMENT: ENGINEERING AGREEMENT: TABLED AT JANUARY 4, 1994 MEETING: Kingsford: I visited with Gary Smith, he is satisfied with that. Counselor, do you have any problem in reviewing that? Crookston: I have reviewed it and it is appropriate, if the • • Meridian City Council January 18, 1994 Page 6 Council deems so. There is nothing wrong with the document. Kingsford: Does the Council desire to enter in this agreement? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the consent agreement on the engineering with Forsgren, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: RESOLUTION #152: MUTUAL COOPERATION PLAN: Kingsford: A resolution of the City of Meridian and the Commissioners of the Meridian Rural Fire Protection District approvinq mutual cooperation automatic aid agreement between North Ada County Fire and Rescue and Meridian City Fire Department, Meridian Rural Fire Protection District, Eagle Fire Protection District and Star Joint Fire Protection District and authorizing the Meridian City Rural Fire Chief to execute and attest said ~,greement and providing for an effective date, entertain a motion to approve Resolution #152. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to approve Resolution #152, all those in favor? Opposed? MOTION CARRIED: Al1 Yea ITEM #5: FINAL PLAT: ARIEL ESTATES SUBDIVISION: SUBDIVISION IN ADA COUNTY AND IN MERIDIAN'S AREA OF IMPACT: Kingsford: Does Council have any questions or comments on that? Morrow: I have questions with respect to the comments made by, is there a representative here that represents this subdivision? Kingsford: Becky, are you involved in Arie1 Estates, would you like to answer some questions please. Morrow: My questions are primarily designed to inform me, this appears to be a gray area between City responsibility long-term and County responsibility short-term. Kenny Bowers comments with • • Meridian City Council January 18, 1994 Page 7 respec`t to the Fire Department which this in fact in the Rural Fire District. Bowcut: That is correct Morrow: However, the Rural Fire District has a requirement that anything over 3 lots have a central water system to provide for fire fighting capabilities. My question is, does this subdivision have that system planned to be in place? Bowcut: You mean a well dedicated to a hydrant? Morrow: Yes Bowcut: I thought that only applied to those lots which are less than 2.5 acres in size. Corrie: No, according to the code that they have adopted, anything over 3 lots in a subdivision 5 acres or more requires a water supply. Rather than just a tanker truck, I agree with Walt, I am confused here where we stand in this approval and the Fire Department needs the water supply and according to the Fire Department they do need, the code says, they do need the water suppZy. My comment here is just where does our authority fit in to that? If you have contacted the Fire Department in reference to this. Bowcut: When I talked to Ken Bowers, because we had quite a few projects within the Rural Fire area, and the comments that I have received have been that if a lot is 2.5 acres to 1 acre in size they are requiring a well dedicated to a hydrant which can pump 1,000 GPM. Then they have allowed some alternative sources such as ponds or one idea was if you were in an area where there was a creek that is a year round creek that could supply water to the tanks in excess of 2.5 acres up to 5 acres in size they have been asking for residential sprinklers. Now that is consistent with the Kuna Fire District and I know Eagle Fire District is talking about implementing that, I think Whitney is talking about it ahd then we have also contacted the State Fire Marshall to get information from them and they were not aware that the Fire Departments were moving towards this in the rural areas. I guess one of the concerns is the distance from the subdivisions to the Fire Station in the event they' d have to return back to re-f ill their trucks and then the close proximity of the homes like on the 1 acre lots. Some of thase hornes could be 20 feet apart. Some of the subdivisions have compensated with additional sideyard setbacks. This particular zone in the County requires a 50 foot sideyard setback, so alI structures will be no closer than 100 feet and that applies to accessory buildings also. Now under the Ada County conditions . ~ Meridian City Council January 18, 1994 Page 8 of approval which I do have with me this evening, we do have to get a letter of approval from Meridian Fire Department. So we will need to satisfy Kenny Bowers and the Fire Department and their concerns, but like I said I contacted the State Fire Marshall and I think they are in the process of writing a letter because they have some concerns about the residential sprinklers. I didn't have the conversation with him, the other planner at our office did. And then we got some data from the Fire Academy back east on residential sprinklers and basically what they do is provide a buffer zone for response. Corrie: Have you met with Kenny and the Rural Fire Commissioners on this particular plat? Bowcut: I talked with Ken on this particular plat, but no I did not meet with the Commissioners themselves. Morrow: Will you be meeting with them prior to for presentation to them for their approval for their letter? Bowcut: Yes, I will have to get a letter from them to Ada County before the County Commissioners will siqn the plat. It is required as a condition for approval. Morrow: The question with respect to the road, I noticed on the plat it is called out as a private road, can you enlighten me as to what ACHD's criteria for private are. Kenny's note seems to be that it is 1000 feet long, which is outside of our, by a long ways outside our requirements for a private type of road or a culdesac turn around, so can give me some sort of feelinq of what ACHD's requirements for the private road or why does this meet the requirements, how does it meet the requirements for a private road? Bowcut: Ada County Highway District does not specify any construction standards on private streets. That is left up to the applicable zoning ordinance. Under Ada County Zoning Ordinance you may provide access through a private street or a public street. In a private street has a minimum of 30 foot easement, a 20 foot improved surface and that particular surface in a rural area onl.y can be 6 inches of 2 inch crushed gravel with a 2~ slope from center line and then you have to have a 45 foot radius culdesac turn around or other approved turn around. Now the applicant is going to pave this one, we have gone ahead and committed to the County Commissioners that this will be paved. Morrow: What type of base, I can tell you from personal experience that 6 inch base in this type of weather won't support one Fire truck that we have, even the smallest of Fire trucks. So for all practical purposes if there is a fire in lot 4, we can stand and ~ • Meridian City Council January 18, 2994 Page 9 watch and that is all we can do in terms of, and I say we meaning the City Rural Fire Department, because we can't get there. A 6 inch ba~e for a road on top of the types of soils that we have in our area is not sufficient to support those fire trucks. So, does this particular private road that is going to be paved have a base that is designed to carry fire trucks? Bowcut: Yes, it was designed by the engineers and the plans are into Ada County, the Ada County engineer will review those plans. Because we have committed to paving. I'd have to talk to the engineer to tell you exactly what capacity the road will have. in some jurisdictions they have us test the private streets if they are asphalt to make sure they meets those minimum standards that you are discussing. Now, the Ada County Engineer does go out and inspect the street to make sure it is built to spec's an to the construction plans. Morrow: And he is the one that the Ada County Engineers is the one who designed the spec's for the road, or who designs the road, ACHD doesn't have Boweut: ACHD doesn't, basically the only guideline we have is the Ada County Zoning Ordinance and we've gone ahead and committed to doing more than the minimum requirement which is a 6 inch gravel base. Morrow: Well, from my perspective I would be reluctant to put any of our guys, which are the same guys, in the situation where if somebody was coming before us asking for a minimum spec road that I know from personal experience won't support a fire truck, I'd be hard pressed to give my blessing to that proposal, so that is why the line of questioning with what the spec's are. Bowcut: Okay, I can provide a set of plans, if fact I did send a set of plans, I sent all the plans to the City. And I think Gary has a set of the street plans. Morrow: My other question goes along the same line, you are familiar with Gary Smith's comments with respect to the Comprehensive Plan the rural residential urban service planning boundaries and subject to these conditions will you enlighten about the dry line sewer and the dry line water that is required so on and so forth, does that apply or not apply to this? Bowcut: That is not applicable at this particular density. In your Comprehensive Plan it does mention development at urban densities I believe its referenced in the Area of Impact and the Urban Service Planning area. And normally when I was at the County we applied that in the event of a rezone. If someone were to come • • Meridian City Council January 18, 1994 Page 10 in your area of impact within your urban service planning area and they are coming in with a subdivision a rezone at a R1 density still have septic and wells then dry lines are mandatory, but as far as this the 5 acre lots that has never has been applied in that fashion. Morrow: Well, it seems to me Becky his comments says the Comp~ehensive Plan allows this type of development subject to these conditions, and then condition a) is one single family dwelling per 5 acre lot, b) dry line sewer, dry line water mains are required to be sized according to the Meridian Sewer facility and the water master plan, the sewer main is part of the Black Cat trunk B system which borders the south portion of this property. And then it goes on to talk about parks and school district and so on. Wayne, can you help me here? Forrey: Mayor and Council, Councilman Morrow, that is actually my memorandum not Gary's. In the Comprehensive Plan undex the land use chapter, under rural policies, its on the page 29, its policy 6.3B let me read it to you and I think in the old Comprehensive Plan Becky you are correct it didn't apply but in the new Comprehensive Plan my comments are embodied in the plan. Which basically says you can have a 5 acre home site in the urban service planning area which this is within, provided that you have dry line water and sewer lines installed and constructed and plans and layouts for roads are made and provisions made for future re- subdivision of the 5 acre tract to a future urban density as shown in the Comprehensive Land use map. And on our land use map it is shown as single family residential R-4 type development. So the comments in my memorandum are drawn from that Comprehensive Plan policy. Bowcut: But that is not the plan that is applicable. Forrey: Yes it is Bowcut: This was submitted prior to the adoption of this plan through Ada County. It was submitted on June 3rd 1993. Forrey: I see your point Bowcut: So the old plan is the applicable plan with this suladivision. Kingsford: Becky, didn~t the Ada County Plan though call for the re-subdivision, my recollection is that was in effect over a year and a half ago. The County's plan to re-subdivide 5 acre parcels. Bowcut: That is why they have the 50 foot sideyard setbacks • • Meridian City Council January 18, 1994 Page 11 Kingsford: And an option for dry lines, basically my recollection again was the jurisdiction, the future jurisdictions request. Bowcut: Like I said there have been so many of these 5 acre prior to the adoption of your new Comprehensive Plan Kingsford: What I'm talking about doesn't have anything to do with our plan. That is when we had meetings with th~ County. Bowcut: With the County on future re-subdivisions, at one time they used to have you go in and you had to provide and alternative layout on the 5 acre lots for future re-subdivision. They did that in the 70's . Then they did away with that and haven't required that since the 70~s and you Kingsford: They came up with another plan a year and half to 2 years ago for that same thing that I'm sure they approved. Again that would be the County enforcing their rules. Bowcut: I know when they did the RT zone that the intent with the 50 foot sideyard setbacks was future re-subdivision that you would have enaugh room for a public street. Because you would have a 100 feet between structures which would give you adequate setback and enough room for a private street or a public street to come into the lot. I guess I wasn't aware of those discussions that took place a year and a half ago and to my knowledge they haven't implemented anything that has come across my desk and I have the most current Comp Plan and Zoning Ordinance. Kingsford: At the time we discussed it with the County I had some reservations that it would ever take place, that there would be re- subdivision. Forrey: Mr. Mayor, Council also in fairness to the applicants and Becky, they did not receive a copy of staff comments so they did not have a chance to rev3ew them. In our former Comprehensive Plan had the same policy about the dry line water and sewer within the urban service planning boundary. Kingsford: I guess a third point might very well be while we have adopted our Comprehensive Plan, the County has not accepted it. Any other questions for Ms. Bowcut? Morrow: I have one other comment, you said that the easement or the right of way for the private road is 30 feet? Bowcut: Yes Morrow: And a typical public street residential road is 50 feet? • ~ Meridian City Council January 18, 1994 Page 12 BowCUt: That is correct. Morrow: It would appear to me to make some sense in these, if the ultimate goal here is re-subdivision, it would make some sense to have that easement or right of way done at the 50 foot level now so there in major problem converting that to a public street at some point in the future as opposed to doing it at 30 feet now with a 20 foot and then we the taxpayers at some point in the future having to pay to buy right of way for re-subdivision I'm sorry for re- doing the street to subdivision standards. Bowcut: That is a good point, and I think Ada County the last word I had was they were re-evaluating the private streets because of those very concerns. You are not required unlike Boise who requires you to obtain a waiver and show justification for private street, Ada County does not do that. And then Eagle they will allow a private drive for access only to 2 dwellings other than that they don't allow private streets, so everyone is kind of moving away. Ada County I have been told is in the process of re- evaluating their private street standards and making them more stringent. Morrow: I should yield to Councilman Corrie here since he is the Rural Fire Commissioner, some of that may have come at the request of he and the Rural Commissioners. Can you enlighten us as to what the rural requirements are for a private street? Corrie: Not at this Walt, I cannot without looking over some of the minutes we've had at the meetings. I'm sorry, I can find out. I think you are going to have some problems though,the Fire Department and fire system, I can't say you will but the codes that they have adopted you are going to have to have a fire system, plugs, water of some nature out there. The comment that the Fire Chief made on my copy is this does not have water for a fire system. Also the length of road into this subdivision is over a 1000 foot long. So, I think that some of our concerns here are going to be addressed by the Rural Commissioners. As far as water supply is concerned you are going to have to come up with an answer to them on that one. You answered my questipn as far as where we are coming form here but the road that may be a problem with them. Like I say with Walt we can't get trucks in there. Bowcut: I can discuss that with the Engineer that did the design and she should be able to come up with some calculations on its load and provide that to the Fire Department to satisfy those concerns. Corrie: One of the reasons is with the water supply one water tankard will not put a fire out of a house that is on fire. And • • Meridian City Council January 18, 1994 Page 13 talking about the liabilities that are involved, you know they come up with a tank and they can't put a fire out there is no more water, so that is one of the concerns that they had so by adopting that code. I guess, do we need to table this until we can find out some of these answers? Kingsford: I think that the issue being if it is just fire related the Fire Department has to sign off before the County will approve it. I think before us is whether this subdivision meets with your approval. I guess Becky the one thing that I would certainly like to see is a right of way be dedicated or allowed for that you wouldn't have to go back in and get an easement should it be re- subdivide. Bowcut: Would you have a problem with increasing that 30 to 50 we have ample room. Kingsford: I think that would be very logical. Bowcut: I don't see a problem with that, we can make that change on the plat. Kingsford: If its not used if it remains always a 5 acre subdivision you know the people are going to utilize that property anyway. Morrow: Mr. Mayor, I have one other question with respect to Wayne's comments and how do they apply to us? Kingsford: I think they don't. Given this application was made prior to that Comp Plan. Forrey: I corrected that, it never occurred to me to check the history on the filing of that in terms of the County and the City. Morrow: Did I misunderstand you say that was in the old Comp plan as well? Forrey: Yes, the one change that we have done in the new Comp Plan is we have enlarged the urban service planning area and this project was not in the urban service planninq area when they applied, now we have made it larger and now we are applying some new policies in effect to that same piece of property. Crookston: But it was in the Area of Impact, so the Comp Plan applies to that. Kingsford: No because those standards apply inside the urban service planning area, the County has not yet approved those. • ~ Meridian City Council January 18, 1994 Page 14 Pardon me, they don't have to approve the urban service planning area but their application was in prior to us changing that. Crookston: So those standards only apply in the urban service planning area. Forrey: The policy I sited is for a 5 acre within the urban service planning area. Morrow: So we are dealing with 2 different issues here really. We are dealing with a Comp Plan Forrey: Whether or not it is applicable Morrow: And the old one is applicable, but it was not in the urban service planning area. Forrey: Correct Morrow: And the old Comp Plan does not require the dry line sewer and these other things sited by you. Forrey: It does Morrow: It does require that Forrey: In the urban service planning area Morrow: In the urban service planning area, but that urban service planning area did not exist for this parcel of property. Forrey: That is correct Morrow: I understand Bowcut: I guess I'd like to clarify this Mr. Mayor and members of the Council when we submitted this it was right around the moratorium time and I think the comment from Meridian was that they would not be reviewing applications, yet Ada County stated they did not have a moratorium therefore they would continue to process this. So the application was sent to Meridian but was not reviewed at that time. It came in under another name, but when Ada County reviewed they had to look at what the old Comp Plan stated, the old urban service planning boundary and that still the applicable boundary to this day until the County Commissioners adopt it. Kingsford: Our urban service plan does not require their adoption, area of impact does, but legally I think that your project falls under our old urban service plan area. • . Meridian City Coun~il January 18, 1994 Page 15 Kingsford: Is the Council prepared to make a decision? Morrow: What you need from us is a motion to approve that and I think that I would make the motion to approve it subject to the 50 foot right of way for the private road and of course subject to the approval of the Meridian City Rural Fire Department. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the Final Plat of Ariel Estates subject to the 50 foot right of way on the private street and the approval of the City Rural Fire Department, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #6: PUBLIC HEARING: VARIANCE REQUEST: HUNTS BLUFF #2 BY MARTY GOLDSMITH: Kingsford: At this time I will open that public hearing and invite Marty or his desingnee to begin. Marty Goldsmith, 4550 State Street, Boise, was sworn by the Attorney. Goldsmith: Mr. Mayor and members of the Council, I'm before you this evening representing a variance request for Hunts Bluff subdivision #2. This variance is f~om tiling of the ditch which is in your ordinance now and has been for quite some time a I am looking to fence the ditch. I believe it will provide a benefit to the community and I'm prepared to state those reasons. I think I'd like to show you the vicinity map at this time so we can all have a look at it. This is the subdivision Hunts Bluff #2 right here and in red is the Eight Mile Lateral. This is Overland Road and South Locust Grove Road. This is Meridian Greens on the boundary, and Sportsman Pointe. There has been no fencing in this area and I do believe that what we are proposing will actually be more than what has been done in the past. It will also provide us with protection for our children and I'm pleased to be representing this. It does fit in with the overall Comprehensive Plan. If immediate development is not allowed to go on in this area I do see a vacant field in the future, because it is not developable if we have to tile that ditch. A vacant field would be a worse liability than a barrier, a fence, keeping the children out. By allowing immediate development it will not be various to in fill later and your developers wouldn't be skippinq around finding easier pieces to develop leaving things out. Fairness is also an issue and that it hasn't been imposed in the past. At this time I'd like to answer any questions you might have. • • Meridian City Council January 18, 1994 Page 16 Kingsford: Questions for Mr. Goldsmith? Tolsma: What is the size of tile that is required, is that a 72 inch tile? Goldsmith: I believe it is larger than that, the cost is something I know if that becomes of interest to anyone here. Tolsma: When I talked to Mr. Hanson of Nampa Meridian Irrigation he said that roughly anythinq over 48 inches was more of a hassle safety and their recommendation at that time was a 6 foot high non- burnable fence, steel chain link. You don't have any problems with that then? Goldsmith: No, not at all. In fact that is what I propose to do. That is what I have done in the past with the subdivision Hunts Bluff No. 1 that abounded the Eiqht Mile Lateral and I did not because I was requested but because I thought it should be done. Tolsma: We've had some letters that I have received from people out there form Meridian Greens stating that they wanted a sealed fence (End of Tape) and the sealed fence, I think it was a steel chain link you would seal diagonally or vertically with strips. I didn't see any problems with that except for plastic that would burn but they are (inaudible). Kingsford: Any other questions or comments? I might have one for you Wayne, probably the best person. Didn't we require fencing on Sportsman? Forrey: Mr. Mayor, members of the Council, I believe we did. I don't remember what material was specified 2 think it was just acceptable to the irrigation district. Kingsford: My recollection was Sportsman Pointe we did certainly Meridian Greens was way before our Ordinance. Thank you, any other questions from the Council? Corrie: Mr. Mayor, the lateral that is southeast of Hunts Bluff, down below there, is that fenced. Is that what we are talking about, has that been fenced? Goldsmith: This is all open right now, every bit of it. There is one fence right in here, from this property it has been recently worked on. This is the area here that we are talking about developing next, a 23 lot subdivision. And I would propose to tie in with the fence that I have constructed here and bring it on up the side. We've got a break away fence here and a fence that will come across the front, connecting this entire front. • . Meridian City Council January 18, 1994 Page 17 Morrow: The fence across the front is not chain link is that correct? Goldsmith: That is correct. Morrow: It is a decorative fence? Goldsmith: Yes it is, it is a cedar fence. Morrow: It is my understanding you are in the process of changing the Ordinance for ditches requiring the tiles larger than 48 inches in diameter. Kingsford: I believe that Planning & Zoninq is looking at that along with other things, am I right Counselor? Crookston: It has come up, but we have not discussed it at a meeting. It has come up with discussions with the members but not at a meting. Kingsford: I think the Council has discussed it at length too. I've gathered if that was their decision it would probably be a good idea if we move forwarded on that because we are receiving variance requests for that. Morrow: I guess my final thought is do we have documentation of the requirement for the tiling is greater than 48 inches from somebody? Kingsford; I don't think there is any question on that. Goldsmith: Rod's Parkside Creek was qranted a variance on the smaller section of the Eight Mile Lateral earlier. Kingsford: There is some water taken out there. Goldsmith: Now, I have a variance or excuse me a license agreement that I did with ATampa Meridian Irrigation District on Hunts #1 and I also have a license agreement for this section here and it is not chain link, I could go with chain link. It is with cedar and it describes a fence on this side of the Eight Mile Lateral and it also described fences going down to the water form the lots leaving that pack of individual lots exposed so that they would have a water way with their home, but it would not be accessible from side to side. Crookston: Is the reason that you are asking for the variance, is it not the cost factor? • ~ Meridian City Council January 18, 1994 Page 18 Goldsmith: That is incorrect, and in fact I feel it will enhance our overall community. One of the several things I have mentioned has been for enhancement only. Crookston: You said you didn't think the land would be developed if the tile was required. Goldsmith: That is also correct, so that is one of the factors definitely, but not the only factor. I see a bare piece of land there and I see us able to complete the comprehensive plan and protects our community which looks better than the way it is now. The way the Eight Mile Lateral is now which is open, so that is the area that I was working towards. Kingsford: I think in terms of the logic of the variance Wayne, the Council has concluded that there are some greater safety factors in tiling than the risk of leaving it open. Cost is certainly a consideration for development, our consideration, I'm not going to put a price tag on what a life might be worth, but in fact a life might be challenged greater by a tile and inlet structure then that becomes a consideration too. Crookston: I don't dispute that at all. I think that the juncture that we are at now, I think under the testimony tonight and actually the testimony that was presented by Parkside Creek there is not grounds for a variance. I think the juncture is now is that we need to change the Ordinance rather than qrant anymore variances about it. Goldsmith: I have other variance applications in right now. Crookston: For tiling? Goldsmith: For fencing, a variance Crookston: A variance to tiling. I think that is where the Council is really at, is to determine, make a determination as to what size waterway you want tiled and what size you don't think needs to be tiled for whatever reason that may be. Rather than put the developers having to come through this process and making an assessment as to what is the safest way to treat the waterways that pass through the city. Tolsma: Well, I'm talking to Mr. Hanson about that. He said about 95% of mileage of irrigation ditches are under 48 inch and he says the 5% you'l1 see are the Eight Mile Lateral or the Ridenbaugh that would be above that but he says they are far beyond that. He says once you get past 48 inch he says the opening in the grills that protect the openings of the pipe are do bid that a small child • Meridian City Council January 18, 1994 Page 19 could go through it floatinq down the ditc allow a greater amount under he says would recommendations. • because he says they have larger debris h so those grills have to be opened larger to of water to go through. He says 48 inch and be a tillable ditch. That was his Kingsford: Well we are discussing things that I'd like to continue the public hearing and that finished up. Walt did you have another question? Morrow: Well, my questions is, I am sensitive to what both Wayne and Ron are saying and I agree that we should discuss that, what I want to know is how to solve this problem. Kingsford: Well, indifference to legal counsel I think there is , the thing that you don't do a variance for is just for economic hardship. I think that we go far beyond that with the safety issue, if we are agreed that what Ron has just said with the size of the grate that goes on constitutes a safety hazard of the volume of water that pulls somebody into it. And I believe that it is right and I think that Nampa Meridian spoke on the basis of having some research on that. I think that does constitute us having the ability to grant the variance. I also agree with Wayne that we aught to be looking at changing that because it is ridiculous if we are qoing to take that approach we keep putting developers through that on everyone that comes in. Having said there, if there are no more questions I'd entertain other public comment. Don Stillwaugh, 1822 SE 5th Way, was sworn by the Attorney. Stillwuagh: In the last hearing that I was here for Hunts Bluff we discussed the tiling at some length and we gave testimony from Meridian Greens side that some of us had built our homes on the border of the canal because of the fact that it is quite similar to a creek and the landscaping part of it. So, I guess I want to re- state that, I think that the tiling of that particular canal, it is awful wide and the expense would be great of course. But, obviously there is an issue with Meridian Greens side of it. I'm not sure how that all goes together. Kingsford: You are saying then that you would like to preserve. Stillwaugh: We would like to see it left open and I would support the fencing on that, that is my testimony. I'd like to ask the Council one other question about Hunts Bluff, I'm not sure how to. When I receive the last one , I came here and was t~lking about the other issues which have been determined. One of my great concerns is what goes on behind me. The houses built on the edge viewing out right over this subdivision. The subdivision layout had about • • Meridian City Council January 18, 1994 Page 20 4 lots or 6 lots between Meridian Greens #2 and #3 and the end and went around. The lots that I see now have almost 9 lots, I don't know how that changed or how that does change. Now I have rather than I large lot behind my house to wonder what is going to be a 2 story house or 2 different lots or even 3 different lots coming into play. Smaller iots which probably because of the size of the home~ at the hearing they raised the square footage, it may be that they are all 2 story homes. I don't know how that happened because T don't know of a hearing that changed that. Could you clarify that or help me with that? Kingsford: Well, I'm not sure that I can without going back and looking. I'm not aware of the plat changing to change those square footage of the lots from the time that I originally saw it. Perhaps Mr. Goldsmith could speak to that or maybe Mr. Forrey. Was there a change in the lot designation, lot size bordering the Eight Mile and Meridian Greens? Goldsmith: Yes there was, and I remember clearing that with Wayne and it was because of the culdesacs and some changes that we had done to the subdivision. The lots are an average of 1,100 square feet approximately and that I have no intention of building 2 story homes there. I can't say that there wouldn't be one but. Kingsford; I guess his question is were those down sized Marty? Goldsmith; These back 4 lots here were originally 2 lots, that is correct. We have added another lot in this area here when these changes came about after meeting ACHD's requirements. We have been working closely with Gary and Wayne as to the the access we have acquired off of the culdesac for our lotage. Kingsford: Mr. Stillaugh is more concerned with how did we get 4 lots on the bottom instead of 2, I don't recall how that occurred. Goldsmith: It wasn't clear as to Meridian's requirements for lot access off of a culdesac. When this culdesac was added it became clear, there was an additional lot added here as opposed to a straiqht through street and those requirement also broke this land up here and back more. There was 4 there and of course there were 2 before and those lots were over 2000 square foot. (Inaudible) In the ordinance I actually found 2 things, one of them was talking about the flat lot, one of them was talking about a cuidesac access and those changes on that plat were after ACHD's requirements and a clarification from Wayne Forrey and Gary Smith. Kingsford: What stage in the hearing process did that take place Marty? Had this been heard at Planning & Zoning when it was just 2 lots there? • • Meridian City Council January 18, 1994 Page 21 Goldsmith: It took place just prior to the Preliminary plat approval and Kingsford: So, all the time the Council has dealt with this it has been in that format am I right? Goldsmith: The street originally goes straight through and I believe you have a copy of that in you file. Kingsford: My question is did it become 4 lots down at the bottom after the Council started looking at it or before? Goldsmith: The plat was tabled Mr. Mayor because we were not reading off the same pages to whether ACHD requirements were beinq met and whether the Kenny Bowers concerns had been addressed with the Fire Department so the Plat was tabled. And at that time it did have the 4 lots in the back and the culdesac up front and at that time I spoke about a tech review that I had with ACHD and I had spoken with Kenny Bower and we produced that in writing on the next time or had that available here in writinq and at that time the Preliminary plat went through. Kingsford: What were the requirements that the Council put on you that those lots borderinq Meridian Greens had to have? Goldsmith: These lots bordering Meridian Greens needed to be 1600 square feet as opposed to the minimum in being 1500 square feet and the lots needed to be shake roofs. I have no problems with that. Kingsford: Wasn't there a square footage requirement placed on the buildings as well? Goldsmith: I'm sorry not the lots but the buildings themselves were to be 1600 square feet and there wasn't a problem with the lots sizes. Stillwaugh: Our problem is the lots were larger and that is what we are dealing with and that is what was approved. My neighbor next to me, he just moved to Salt Lake, he expressed to me that everyone that came to look at his house to buy it their concern was what were they going to do behind him, were they going to build 2 story homes. I would think that the smaller lots and with the increased size of the the house is going to force 2 story homes now for sure. Like I said if you Zook at the oriqinal plat that we were shown if you look at my lot there is one lot #10 directly behind it. This is what we dealt with. Kingsford: Was there another mailing of this current plat to the neighbors Marty? • • Merida.an City Council January 18, 1994 Page 22 Goldsmith: I'm not sure of that, but in fact I did hand it out to the Council members and it was at the public hearing. If there is a problem that is irrectifiable for me here, T personally do know that those lots were laid out for 1800 and 2000 square foot homes. So, in the design of those lots, I actually took a computer component a drawing to scale and placed them on those lots and checked the setbacks and everything. If it comes down to it I am willing to not have the 2 story homes there if that will help him feel comfortable with that. I don't want to put that restriction on myself unless I have to. Kingsford: I guess my concern is that notice was given to these property owners pursuant to code and I have a concern at what point then those lots changed. Durinq the time that at least I am aware of what you have up there is what I saw, yet what these folks were sent ~or consideration clearly shows 2 lots. I would be very interested in what the time table was on that and were they given due notice for hearing on that change. That is really not an issue now in this variance but certainZy something that needs to be clarified prior to you doing any building. Stil~waugh: Based an my neighbor in lot 2 I think our major concern is the view maybe that is something we can work out. Kingsford: I would suggest that but until that is done I would have some real reservation about approving any building permits on it Marty and checking your time table with these transmittals. Morrow: Can Wayne give us any enlightenment as to what went on here? Kingsford: I would imagine you would have to research the flow but I'm sure he can. Thank ~rou, is there anyone else from the public that would like to offer testimony on this issue? Goldsmith: I have one more clarification if I may. When these lots are cominq in this way to the Eight Mile Lateral there being fenced off so they are going in perpendicular intersection. Nampa Meridian's road is on the other side and so it is between the fence that is already erected and the Eight Mile Lateral and I have worked on these license agreements with them an they are saying it is okay to run these fences perpendicular this way that they won't need to access this side. However, they can and it is a recorded easement. But I'm not wanting to run a fence parallel with the Eight Mile Lateral on this side which is the west, southwest side of the Eight Mile Lateral, that our license agreement is stating that we run parallel on this side and give them enough room to scoop out the ditch and maintain it and that they will have a recarded easement on this side and they are saying it is akay for • • Meridian City Council January 18, 1994 Page 23 those fences to run in there perpendicular. Kingsfard: I see that in Boise along the New York Canal and I think that reasonable if a person wants to fence it and give themselves protection they can if not they have access to it. I think that it true in Meridian Greens as well. Anyone else from the public. Don Bryan, 2070 North Locust Grove Road, was sworn by the Attorney. Bryan: I just have one question about the tiling of the ditch which is the variance in question. I think it is a good idea not to do because of the size. I guess my only comment is if you do indeed review this and change your ordinance to require them not to tile the ditches of a certain size at the same time could you also look into the question of the definition of what is adjacent to when they say the developer is required to tile a ditch on property adjacent to his ditch that he doesn't own. The ordinance believes states he has to tile that ditch which is adjacent to and there is a question to what exactly is adjacent to. Whether it is 20 feet, 2 feet or 80 feet. Kingsford: That is a good point we ran into that before and it does need to be clarified Don. Bryan: When you are looking at the Ordinance you might throw that in there too. Thank You. Kingsford: Thank you Don, anyone else from the public? Seeing none I will close the public hearing. Need findings of fact, entertain a motion to have those prepared. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the Findings of Fact and Conclusions of Law prepared, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #7: CAROL FELT: CLARIFTCATION OF WATER AND SEWER COSTS TO HER HOUSEHOLD. PROTEST OF RATE INCREASE: Kingsford: Is Carol here or a representative?n Wayne, are you her representative? Forrey: Well, I did speak to Mrs. Felt Mayor. Mrs. Felt is • ! Meridian Cit~t Council January 18, 1994 Page 24 elderly, on a fixed income and she has high medical bills and I spent a good 30 to 40 minutes on the phone with her and she felt that she could just not afford the rate increase. She read the notice and we talked for quite awhile as I said and I informed her that these were a lot of Federal mandates and in the case of the State Mandate and that Meridian had not raised water and sewer rates for almost 10 years since 1984. She was sympathetic to that and I invited her to be here but she cannot drive and was going to try to find a friend to drive her down to City Hall. I don't know if you have a formal protest procedure I don't know if she was going to file a formal protest in that sense, but she just wanted the Council to know that people like herself can't always pay the bill that comes in the mail the way it is printed. She was just hoping to let you know that people would appreciate sensitivity of the water and sewer rates. I assured her on that fact, I mentioned to her that I had personally recommended a higher rate and that the Council in sensitivity to the seniors and lower income people had lowered it below the recommended amount so that helped a little bit. Pius the fact that she is not either that she agrees she has to pay or she didn't make it. Kingsford: I might just comment on that, that the meeting we had last night the Association of Cities we are still as an Association considerinq withdrawing from trie State DEQ inspection requirement. Tf the Legislature doesn't give relief to another area my suspicion is that AIC will probably follow suit making an assumption on the Council's part but if we do withdraw with that and force the State into turninq primacy to that over to EPA which would be $.25 a month savings to people. It might be the City might incur more expenses by going to Federal primacy. We are looking at that and also had a meeting with several of the other elected officials in the region, not just Ada County representatives from Cascade, Parma, Council, several other cities, Homedale that were concerned about the Clean Drinking Water Act and we are hoping to get some relief from that measure I can't remember the name of the bill, Slaford I want to say a Representative from Kansas that is proposing the bill that eliminates some of the language that causes ground water users to have to do expensive tests. We have gotten assurance from Representative Larocco that he will co-sponsor that bill and other members of the Congressional Delegation are signing on it too. There is a chance that we may be able to reduce our water rate but as you indicated to her and certainly we mentioned that at the time we raised them those water and sewer rates are based on what we are getting hammered to do and though we have no relief from that other than getting fined which is a bad thing to do because that comes out of the taxpayers money as well. I appreciate check with her, you might pass some of that along. Tell her if she needs to come n during the day Y will be pleased to talk to her myself of Mr. Smith or Mr. Berg and the appraisal thing ~ ~ Meridian City Council January 18, 1994 Page 25 could work for her too. Corrie: Mr. Mayor, I think the power company has a program where the people can send a dollar or two more on their bill to help the indigent. Is it possible that there is something that can be done for the City as far as their water bill is concerned? And the people that have that type of a problem, I know that there are a considerable amount of people that are on fixed income and medical bills, maybe we could do a program like that. Kingsford: I~ might be a very good idea, Mr. forrey could also propose something to use for something else for parks and maybe this could be a more appropriate use that they patterned on Post Falls that maybe you could pay the next dollar up and have that go into a fund that people are on fixed ineomes. Something along the lines of what the County does with regard to circuit breaker. It is interesting that it would come from an older citizen. Thank you Bob. ITEM #8: GIS MAPPING CONTRACT WITH ADA COUNTY: Kingsford: Wayne, do you want to take this? Crookston: Mr. Forrey and I met with Mike McClenahan we discussed the contract and made some suggestions. He modified the contract as you have it now it is changed pursuant to our request. I think it is appropriate if you want to enter into that mapping contract the contract is fine. Kingsford: I visited with Gary Smith who couldn't be with us this evening, he wanted to spend time with his wife who is not well. He thinks it would be a good idea as well from his department to have those mapping features critical to sewer and water and so on. I guess I stole your thunder Bruce, did you want to say anymore? Zoning as well would be very helpful. It has an overlay feature that can really help us in a lot of areas. Entertain a motion on that if it is the Council's desire. Yerrington: I move for its approval Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of the GIS mapping contract, all those in favor? Opposed? MOTION CARRTED: All yea Kinqsford: Wayne, is that all right with you or do we need to have them specify that I can sign that and the City Clerk? Is that ~ ~ Meridian City Council January 18, 1994 Page 26 alright? Crookston: Its probably alright but I would suggest that . Kingsford: Entertain a motion to have the Mayor and City Clerk sign that agreement. Yerrington: So moved Talsma: Second Kingsford: Moved by Max, second by Ron to have the Mayor and the City Clerk sign the mapping agreement, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #9: DEPARTMENT REPORTS Kingsford: Wayne Forrey Forrey: Mr. Mayor, members of the Council, I have several items briefly tonight. I've looked at the West Side Bible Chapel, that project was approved as an annexation requested 7 or 8 months ago subject to an update of the Comprehensive Plan. That project now complies with the Comprehensive Plan and I would ask that the Council then would direct the City Attorney to prepare that ordinance and move in the direction of getting that annexed as the applicant made their application for that 2oning. I'm going to meet with Jim Boyd some time Thursday to layout the timing with that. The church I think is anxious to do some things out there. They have been held up quite awhile. Kingsford: Mr. Morrow you might want to bring yourself up to speed on that, it is something we put off for our Comprehensive Plan. Morrow: So we are now ready to execute the ordinance and annexes and zones. Ringsford: We are ready to have is drawn up and do it. Is it the Council's pleasure to have that Ordinance drawn? Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare the ordinance annexing and zoning the property for West Side Bible Chapel, all those in favor? Opposed? ~ ~ Meridian City Council January 18, 1994 Page 27 MOTION CARRIED: All Yea Forrey: Thank you Mayor and Council, next item is Chateau Meadows #8 about the drainage situation. I did talk with Butch Suor, one of the property owners there and he was totally pleased with the work that the developer Mr. Blaser had done. he had no water under his foundation, but he didn't give it a real test drive yet and so he is going to withhold his approval until spring, you know get a good rain and snow melts perhaps and then check the crawl space. All those 6 affected homes have been completed and I'm not getting any phone calls or complaints and it was nice to get a call from Butch saying its working. I think we have accomplished some things there. We will just wait until Spring and we will have to double check to see if things are working. Kingsford: You might invite Butch in I'l1 buy him a cup of coffee and we will discuss that. He was a little hot last time. Forrey: Idaho Athletic club, I did send the letter to the owner, i think it went about a week ago or maybe a week and a ha1F ago and we gave them 30 days to get the windows and the trash receptacle were the 2 imminent concerns and then I can't remember the date it was some time in spring early summer for the landscaping and the fence. I do know that Cascade Fence Co. called last week and asked for our fence specifications because they were providing a bid to Mr. Wardle at the Athletic Club. So for the trash receptacle and the fence itself. Is Mrs. Gwin here? Kingsford: Yes Forrey: Have you noticed anything Mrs. Anything? Gwin: (Inaudible) Corrie: Wayne they do have a fence I noticed yesterday, there is a chain link fence around that already, around the trash setting. I would like to have it a little better than that. It will keep the trash out of their yard. Forrey: So the letter is out and at least he is cooperating. Corrie: I would like to see the windows covered as quickly as possible. Kingsford; That is one of the things he gave a shot time on. Forrey: And for the benefit of Mrs. Gwin, in that letter I indicated he was to invite the affected property owners to inspect the blinds and satisfy yourself that they work. ~ ~ Meridian City Council January 18, 1994 Page 28 Kingsford: Did you provide him with who they were, Mr. Wardle, with who the affected property owners were? Forrey: No Kingsford: You might try and do that, if you don't have them then Mrs. Gwin could help you with that. Forrey: The Five Mile Trunk Sewer we had a meeting a week and a half ago with St. Lukes Hospital. In that meeting here in the conference room the Hospital authorized Roylance and Associates to proceed on design plans for construction of about probably 3000 feet of the Five Mile Trunk Sewer project. From where the sewer now ends at the RailRoad tracks near Locust Grove upstream which would be south and east almost to the Interstate. Several hundred feet north of the Interstate in the Five Mile Drainage there. They indicated that they needed to use that sewer 18 months from then so their architect indicated that they would have a Conditiona]. use application to the City by mid-February, which is our next cut off date so I think that is good news that the hospital is moving forward. They have hired the people to do it, they said they would also pay for the front end of the cost of an annexation path and they instructed DAve Roylance to get along Overland the Thomas property and a couple other folks between Eagle and Locust Grove the south side of Overland to get them lined up for a major annexation request that wold be financed and put together by the hospital. So there is some significant movement out there on that. I have not talked to Dave Roylance sine that meeting I don't know where he is at design wise. And we also asked people who lived out there to send in permission letters authorizing Dave Roylance and City people to get on their property for inspection and survey work etc. We will be getting those letters in. Meridian Energy status report. I got a letter from Bruce Thompson, one of the project managers on the Meridian Energy proposal. They are doing some environmental analysis and what not, it is quite an invol.ved application. They will not be submitting until February 11, which is our next cut off date for the March Planning and Zoning Commission Agenda. So if that does happen that is his intent. That would be March Planning and Zoning Commission public hearing on the Meridian Energy, April for Findings of Fact and Conclusions of Law or additional hearings if there is any tabling. And then May or June for City Council. Kingsford: I received today express mail a draft report of that impact Mr. Smith currently has, you might want to take a look at that. Forrey: Also, one of the last items here, transition to full time planning director. Tomorrow afternoon is interviews with 3 short ~ • Meridian City Council January 18, 1994 Page 29 list candidates for that position. Each of the 3 when I set up the interview we talked about the schedules, it sounds like any of the 3 that you select could be available the 1st or 2nd week of February. So there is a possibility that there will be some transition there and I would appreciate your support. I will be around and able to help the new person. Kingsford: One point that I would certainly like to make and I hope the Council will concur with me is that transition is very important. With regard to Meridian Energy as Bruce Thompson in his indicated in his letter I would hope that you would stay on board with us on that particular issue through its fruition. Forrey: You bet Mayor, I'd be glad to. Last item Council, Development Agreements, they are very critical because in that agreement spells out all of the thinqs that compose the development features of a project, the fence, the berm, the certain width of setback, an impact fee, a dedication of land for a park or school whatever. my last 5 to 6 months we have approved a lot of projects subject to a Development Agreement to satisfy whatever concern, police, fire, Gary Smith the City Attorney have. I have pretty much relied on the applicant to submit a starting point for this negotiation and in some cases I think my comments to you on the Final Plat I said we have not yet received a development agreement. And what I'm finding is the development agreement cammunity out there is looking for direction form the City on what should be in the agreement. Because they are so important and because 1 or 2 might fall through the cracks, heaven forbid, we have had enough fall through the crack we don't ~eed a development aqreement, but it could happen. Under this current system waiting for the applicant, just for your consideration it might be better and more cost effective to authorize legal counsel to prepare a proto-type and so we know the form the content the length of the important phrases and the contractual agreements much like the Findings of Fact and Conclusions of Law and maybe Wayne we could qo through each one say well this one the Council wanted a 6 foot fence, and they wanted a trash receptacle screen and the applicant said he would put in a berm. We could then take the frame work of that agreement and personalize it. Its one option, but just sitting and waiting for Hubble Engineers or someone to do that is not coming in and I'm afraid we'll just get a couple pages of some notes if we do. Kingsford: Mr. Crookston and I talked about that yesterday afternoon while we were in a different meeting about that very thing having a prototype and I think it would be a good idea if the Council would authorize that to be done. And get that on a disk formatted for us, where we could push that around to our Planning Director and City Clerk whoever. ~ • Meridian City Council January 18, 1994 Page 30 Morrow: Would that not also standardize it, so that it would be relatively easy for us as Councilmen and P&Z folks just to run through that agreement and do the check offs that way you are not searching for things. I think I would be more than willing to make a motion that we authorize the City Attorney to begin that draft. Yerrington; Second Kingsford: Moved by Walt, second by Max, before the vote, Counselor you are giving me one of those looks like where in the world is he headed now, do you have a comment? Crookston: No Kingsford: We did have that discussion didn't we? Crookston: You and I did, strangely enough I specifically recall it evenly. Wayne and I had that discussion right before the meetinq tonight and he asked me if I thought that was something that should be done. I can do it I think the prototype is a very good idea, in my mind those development agreements are something that is going to give the City control over the development. Speci€ically because where we have asked for those agreements at least there is maybe 1 or 2 rezones where it has come up invariably and the annexation process and they have been included in the Findings of Fact as a condition of approval. I don't want to see them get dropped through the crack because the way we have structured the annexation requiring that to be done it does give the City Council authority because it is part of the annexation process and that was a condition of the annexation. That is one of the very few areas where the City basically has complete control. Kingsford: And I just comment the letters I received from folks on Locust Grove one of whom is present that it is a feature that we definiteZy need to tighten up. Thank you Mrs. Gwin. Forrey: Mayor, I have noticed that some development agreement very casually, because They are kind of casual and say put it in a we want final approval we will agree to it could get a prototype and they could read would get a little familiar with that tool, implications of a development agreement. administration. applicants treat the they haven't seen one. development agreement later. I think if we and see then everyone how to use it and the It would help in the Kingsford: And I want that in the tracking program where we follow through on it. Forrey: That is all I have Mayor. • ~ Meridian City Council January 18, 1994 Page 31 Crookston: In the Winter City Attorney's conference which I am putting together there is going to be an hour on development agreements. So I think that will be helpful to get some information. Kingsford: I don't know if we ever commended to the City Attorney for getting elected to President of the State Organization of that is very commendable and maybe a hand would be in order. Having sat through a meeting with that on you in your capacity on that. Morrow: Excuse me Mr. Mayor don't we have a motion on the floor with a second and a vote? Kingsford: Oh, i apologize you are absolutely right. All those in favor of the motion? Opposed? MOTION CARRIED: All yea Kingsford: Counselor, anything else? Crookston: I just had that the City Attorney's Association is meeting in Coeur d'Alene on December 28. Kingsford: Bruce, go ahead (End of Tape) Freckleton: Mr. Mayor, members of the Council, we just have on e quick item. Gary got a request from a gentleman to use Story Park 2 weekends, May 7th and 8th and Memorial its for an Arts & Crafts festival. He is talking 30 to 50 booths. Gary's recommendation was to not allow this because of the traffic, trash, the need for water these sort of things. Kingsford: I don't know if you guys are familiar with that, they set up in McCall. I've gone and looked at that, we have a friend that sets up at that. They are large things, on the one hand they do draw a certain amount of commerce and the other they draw away from stores that provide some of those things. They are lar+ge, they attract a lot of foot traffic. I think all of you have been to Heritage Day in the park. I would say that typically these would be 50 to 75% larger in terms of the traffic going 2 or 3 days depending on the weekend. So there are some concerns, Gary and I talked about that this afternoon. I said I certainly wouldn't want to make that determination, I want the Council to be involved in it. Morrow: I have a question, I understand you say also Memorial weekend? Freckleton: Yes, he said May 7th & 8th and Memorial Day. • • Meridian City Council January 18, 1994 Paqe 32 Morrow: Wouldn't something of that size conflict with all the community things that we have going on Memorial weekend in anyway? Freckleton: I would think so. Kingsford: We have the races going on so there would be people out there. Is there baseball qoing on, I know the swimming pool that is the last weekend for it typically. Excuse me it opens then. I think we had a baseball tournament then, isn't that the one the Optimist sponsored. Morrow: So if it generates that much traffic my question is to you would that size conflict. Kingsford: No question we would not have parking on the Memorial Day weekend. What was the other date? Freckleton: May 7th & 8th. Kingsford: That is another consideration, my bet is that there is baseball scheduled in there too. The High school most likely is going to have a game or 2 in there. Parking becomes a concern. I would suggest that maybe given that maybe we think about contacting the schools and entering into a contract with the schoal district there are several sites that they could utilize in the school district. Tolsma: (Inaudible) Kingsford: Well, the early May wouldn't be a problem for the pool, but certainly the baseball. Anything else Bruce? Frecklet4n: That is it. Kingsford: I think its appropriate that the Council take a vote action on that to pass along, Wayne. Crookston: On what? Kingsford: His request. Crookston: Oh, yes. Kingsford: Entertain a motion on the question or the request from, I didn't get a name, the request for the park for those 2 weekends. Yerrington: I move we deny the request. Tolsma: Second ~ ~ Meridian City Council January 18, 1994 Paqe 33 Kingsford: Moved by Max, second by Ron to deny the request, all those in favor? Opposed? MOTION CARRIED: Al1 yea Kingsford: Counselor, anything else? Crookston: No Kingsford: Walt Morrow: I have a couple of questions with respect to, T'd like to see if Wayne will stay through, I think the development agreement is really critical. I'd like to maybe get his commitment to maybe stay thraugh and help us through that as well as the other things that he staying with. And the reason being when we bring somebody new onboard they have enough problems trying orient themselves with the job 1et alone being involved in something as critical as the development agreement. Kingsford: Its a good point, and I just comment that thankly Wayne is not dying, his office is in Meridian and he has committed to me that he would like to do projects for us. Even though we hire a full-tie planner I'm sure we'11 have special projects that will be farmed out. Given Wayne's track record, I'd certainly like to use that. Morrow: The next thing is I'd like to see us do something with respect to those we talked about earlier whatever it takes to get to get it started in terms of the ditch ordinance, the tiling, and the fencing let~s make a commitment tonight to get started so we are nit dong this 6 months from now. Iiingsford: WouZd you take that to Planning & Zoning Mr. Crookston? Crookston: Yes Morraw: The last thing is that I don't think I will be at that interview tomorrow for the 3 folks, but I think that from my personal perspective I'd Zike to see the questioning along the lines of what kind of private enterprise experience they have, what kind of real world experience they have, what kind of real world experience they have. I know when I was on the Planning & Zoning meeting with folks that were professional planners not very many of them were from the real world in terms of being sensitive to those type of problems and issues that would be the input that I would have at the interview process if I was there. That is everything. Kingsford: Max • ~ Meridian City Council January 18, 1994 Page 34 Ye~rington: Nothing Kingsford: You plan to be there tomorrow for this? Yerrington: Yes Kingsfordz Bob Corrie: Yes, I will be there too, and nothing else. Kingsford: Ron Tolsma: Nothing Kingsford: You are aware of those times? Tolsma: Yes Kingsford: Will Berg: Nothing Kingsford: Entertain a motion? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to adjourn all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~ , G T P. KINGSFOR , ATTEST: ~ r WILLIAM G. BERG, , CITY CLERK ~ • MERIDIAN CITY COUNCIL AGENDA TUESDAY, JANUARY 18, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS ~~Drove ~ MINUTES OF PREVIOUS MEETING HELD JANUARY 4, 1994: 1. VARIANCE REQUEST: RODNEY BRADY AND TERRELL TINGEY: TABL D A JANUARY 4, 1994 MEETING :~'i~ f~~'nay ~,dr~~a~.c i~ e~G ~P~,e~e~,2. JOINT POWERS AGREEMENT: TABLED AT JANUARY 4, 1994 MEETING: ~„p~,e~ 3. CONSENT TO ASSIGNMENT: ENG2NEERING AGREEMENT: TABLED a~~ AT JANUARY 4, 1994 MEETING: ~~~di 4. RESOLUTION #152: MUTUAL COOPERATION PLAN: ~v~L 5. FINAL PLAT: ARIEL ESTATES SUBDIVISION: SUBDIVISON IN ~P ADA COUNTY AND IN MERIDIAN'S ARE OF IMPACT• w~ce-n.dr~i enf -S~ 'f-~ jr~,t v~cd~ y~/~1efid~a,h. ,C f~~iPwt ~ Fi5-e,~~. 6. PUBLIC HEARING: VARIANCE REQUEST: HUNTS BLUFF BY MARTY GOLDSMITH: C/~y f~f~'L~y ~~3u~au ~~ fC~L v v 7. CAROL FELT: CLARIFICATION OF WATER AND SEWER COSTS TO HER HOUSEHOLD. PROTEST OF RATE INCREASE: ~~p~i-or/¢~8. GIS MAPPING CONTRACT WITH ADA COUNTY: ~-sz- I?'l2~°~- ~ C~~'~'~`' ~~~`~~ ~~~ 9. DEPARTMENT REPORTS: PLANNING DIRECTOR: D~d•crt-u~-lc~eJ - A. WESTSIDE BIBLE CHAPEL ANNEXATION AND ZONING SQeI'~f ~ B• CHATEAU MEADOWS #8 - LOT DRAINAGE SITUATION ~~~., J-,Q~ .- C. IDAHO ATHLETIC CLUB COMPLIANCE D. FIVE MILE TRUNK SEWER STATUS REPORT E. MERIDIAN ENERGY STATUS REPORT F. TRANSITION TO FULL TIME PLANNING DIRECTOR ~ . ~vELoOrjt E'~/7` A~Q~F~'~?EN>"-- L'i ~ ~f/~:c -f-n ~t2~w•.e dir.a.,{t o t- ~r~° ~° ~'~A.e' ( ,; -- `, ~ , ~ ~ ~ _~ _~ ~~.~-r ~~.-~. c~.~.- . ~ ~ 1 Q ~ ~- ~ ,._ ~, ~ ~-c.~ '~ .__~...-.__.._~'~,1~z`" - - ~ ,.~ _ _ ~~._____.-~.~--- ~ ~ //~i~-~ /~_~`-~`.~.r-~ ~,~~~' ~'h ;~ __ ~~~. ~~~, ~ __ }~ ---- ~. ~~ ~~ .~?~f~-~..:~- v.s ~~~Ce ~?a-c~ ~~,. ~ ,.~ _, _ , _ . ~ , -_ - ~ -- - ' ~ G/~~'~ '~ ` ~ ` l° ~ ~ '~- f~ , - - ~ _____ ~ ~ ' ~ ~ ~a~-z ~'~r-~~z`~'~J ? d'~'~-~ ~'~a'~' ~: + ~ • B v.z-t,~~-.ro~. s/~-~'~- e~" i~o ~.aC..- ;~ -- r,~ ~- ~y2~"~/ ~ l..iT/ v~+ ~ [~4"~`/"~ (/(! t.io L~'~ ~ ! _ -- -_ ___- _'_ -____ - . _ _ - i . ~ ~ ~ ~ ~GcJ~~ !~. , _ _ ~ ~~ ____: ~ ~.~.~- ~' C~ ~=~ _ ...._. _____.__ _____________...__~_~ '_~ ~ ~~ +~ ~ -~'~ ~~ ~~~- / ~ ~I ;- ~ ~- -~---~ - _ ~ -~~ ~ __ ~;~~~~' ~~ - ~~ _._ .~ .__________ _ --- --= ~ -~_~ ____---------~ ~ _ -~- ~ _..~_ G'~av^-~ -_~ ~~ ~ ~~~ ~ ~ ~:~e~cL .___~.-~'~ ~' ~~i ~ l.S~ - ~ __..._ - _ __ /~~.~~ ~ ~~-a,~-Z. ~ ~-z..r~~--~.J _ - ~i ~r~~ ~~e ~- --- - -- - _~ - _~ ___ _______..__ ~__ ~t_ -_~.~ _ __~_ -_~''`:j~ _ - - ..ys~ _~ ~.,___ _~. ~~ '~.....~ ~- " --- ~ ~'/ 2' !z:- -GcJQ ~~~-2e ~~ ~ ~ ________..~ _ e-~-___t ~~~___~ ~ ,E' o .~ __.__.%~?~__-~ ~=----_____~__.__ f'i-~'1 .~~~~ .~/a'~ ~~G - ~~ ~ ~~' ~i~~~~~ ~~~~~ ~S~~~eS J<~, ~TY C:GUYICIL i~IEETIiJG ~ RECEIVED JAN 1 8 1994 PUBLIC MEETING SIGN-UP SHEET ~ C1TY EJF WIEKt~Il~N NAME: PHONE NUMBER: page ~ of ~ •:ITY CGUPICIL iK~ETIiQG ~ RECEIVED JAN 1 8 1994 PUBLIC MEETING SIGN-UP SHEET ~ C1TY UF IW~KI~IEIN NAME: FHONE NUMBER: page o~ ~ ~ RESOLUTION # 152 BY THE COUNCIL: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN AND THE COMMISSIONERS OF THE MERIDIAN RURAL FIRE PROTECTION DISTRICT APPROVING A MUTUAL COOPERATION (AUTOMATIC AID) AGREEMENT BETWEEN NORTH ADA COUNTY FIRE & RESCUE, MERIDIAN CITY FIRE DEPARTMENT, MERIDIAN RURAL FIRE PROTECTION DISTRICT, EAGLE FIRE PROTECTION DISTRICT, AND STAR JOINT FIRE PROTECTION DISTRICT; AUTHORIZING THE MERIDIAN CITY/RURAL FIRE CHIEF TO EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is possible that fires, medical emergencies, and/or disasters can occur within the boundaries of one of the above mentioned fire districts and present dispatching procedures provide for the fire department with jurisdiction, to arrive on the scene before calling for additional aid; WHEREAS, the parties hereto have determined that it is in the best interests of each of the parties and the citizens whom they serve to provide for additional firefighters, engines and equipment in the initial dispatch; WHEREAS, each of the parties hereto believe that lifting present jurisdictional boundaries so that the station nearest to a fire, medical emergency, and/or disaster can respond first is in the best interest of all fire districts involved and their citizens; NOW, THEREFORE, BE IT RESOLVED BY THE MERIDIAN CITY/RURAL FIRE PROTECTION DISTRICT COMMISSIONERS: Section 1: That the Mutual Cooperation (Automatic Aid) Plan by and between North Ada County Fire & Rescue, Meridian City/Rural Fire District, Eagle Fire District, and Star Joint Fire Protection District, a copy of which Agreement, marked Exhibit A, is attached hereto and incorporated herein by reference, be, and the same hereby is, approved both as to form and content. Section 2: That the Meridian Fire Chief is hereby authorized to execute and attest the Agreement on behalf of the Meridian City/Rural Fire Department. Section 3: That this Resolution shall be in full force an effect immediately upon its adoption and approval. . ~ ADOPTED this /~~ day of ~~~~Q~~ , 199~ . MERIDIA RURAL FIRE RO TI DISTRICT By . Commissioner By ~~~ ~ Commissioner I Y ~ ~ -,~~ s .~'~ ~ .~ Commissioner MERIDIAN CITY FIRE DEPARTMENT r ATT T: .f~ ~-""~~~" ~ ~~ ~~ ~ j'~ ~ ~'.~ , ,C. ~a~o,~,~P ~'a "r ,.a,° w,,,m e~. ~ ., ~ ~~ ~ " ~j '.cr„~ '~ ~ w ~' y`ros ~ ~m ~ ~ t~' ~ t~ ~ tT ~ ~ C'~ ~. ~ ~~T ~*,~'• ~~~ r ~~;~ ~ ~C~~T~ 1 °~ ~ \~ ~ Exhibit A • MUTUAL COOPERATION (AUTOMATIC AIDI PLAN idaho Code Section 31-1430A states: Fire protection districts created underthis chapter are herebyempowered to enter into written agreements with fire protection districts within the state of Idaho and of neighboring states and with counties, incorporated cities and privately funded organizations or associations within the state of Idaho and of neighboring states for their mutual protection, joint use, ownership and/or operation of land, equipment or facilities, or for the protection of either of the contracting parties. Agreements may provide for a consideration of mutual protection, joint use, ownership and/or operation of land, equipment or facilities, or for protection at a fixed monetary consideration or a monetary consideration based on the reasonable value of services actually rendered under the agreement. Any monetary consideration payable under such agreements by a fire protection district created under this chapter may be paid only out of the treasury of the fire protection district. FINDINGS The fire chiefs for the North Ada County Fire & Rescue, Eagle, Meridian City/Rural and Star Fire Districts find that their respective fire districts would benefit from an agreement for mutual protection as contemplated by Idaho Code Section 31- 1430A. Presently, all districts operate under the Mutual Aid & Disaster Protection & Assistance Agreement, signed on Se.ptember 29, 1987. The dispatch procedures of the 1987 Agreement require a fire district to arrive at the scene of a fire before requesting help from a neighboring district. Also, a fire district must respond to a fire within its district, even if a neighboring district's station may be closer in proximity to the fire. These provisions of the 1987 Agreement are improved on by provisions of this Agreement. This Agreement provides a system whereby more manpower is routed to a fire at the time of dispatch rather than after the arrival of the first fire ~ , engine. Furthermore, this Agreement is structured so that the station nearest to a fire is dispatched, regardless of the district within ,which the fire is located. The purpose of this Agreement is to provide quicker service and safer fire ground operations to the citizens and fire fighters in the above mentioned fire districts. Additionally, other provisions encompassed in this Agreement should result in financial savings to all fire districts because they will not duplicate specialized training and equipment purchases. This Agreement will not change the existing boundaries which were created pursuant to the Idaho State Code Fire District Law. Thus, for purposes of funding, payment of employees, and record maintenance, the existing boundaries remain unchanged. Additionally, the North Ada County Fire & Rescue, Meridian City/Rural Fire Protection District, Eagle Fire Protection District, and Star Joint Fire Protection District will still participate in the 1987 Mutual Aid & Disaster Protection & Assistance Agreement. The fire districts involved in this Agreement, because of their limited size and resources, have developed this Agreement so that they have the same fire fighting capability as the larger districts which are not parties to this Agreement but are parties to the Mutual Aid & Disaster Protection & Assistance Agreement. • • DEFINITIONS 1. First in. Refers ta the fire station located nearest a grass fire, structure fire, medical emergency, auto accident, public service call or any other occurrence requiring the services provided by a fire station. 2. The districts involved in this agreement will be designed, for dispatching purposes only, as follows. (a) North Ada County Fire & Rescue No. 1 is designated County Fire Station No. 1. (b) North Ada County Fire & Rescue Station No. 2 is designated County Fire Station No. 2. (c) Meridian City/Rural Fire Station is designated County Fire Station No. 3. (d) Eagle Fire Station is designated County Fire Station No. 4. (e) Star Fire Station is designated County Fire Station No. 5. DISTRICTS 1. Listed befow are the districts for which each fire station shatl supply the first engine in case of a fire and/or other emergency, unless that station is already involved in a fire and/or other emergency. a. County Station #1. Will supply the first engine for all areas currently served by North Ada County Fire & Rescue Station #1, and Duncan Lane, Hill Road and State Street east of Duncan. b. County Station #2. Wil{ supply the first engine for all areas currently being served by North Ada County Fire & Rescue Station #2, and Goldenrod west of Cloverdale and for Edelweiss south of Goldenrod. • . c. County Station #3. Will supply the first engine for all areas currently being served by the Meridian City/Rural Fire Department. . d. County Station #4. Will supply the first engine for all areas currently being served by the Eagle Fire Department, and Dry Creek north of Seamans Gulch Road and Broken Horn north of Dry Creek Road, and Eagle Road north of McMillan, Locust Grove to Dunwoody Court, and on Chinden between Eagle and Locust Grove, and Homer Road and Gooder John lane. e. County Station #5. Will supply the first engine for all areas currently being served by the Star Fire ~Department, and Highway 20, east to Black Cat Road, and north on Black Cat Road to the Boise River, and Hartley Road, Palmer Lane and Floating Feather west of the 5600 block and Beacon Light Road west of the 5600 block. OPERATIONS The purpose of the Agreement is coordination of the operational divisions of the districts. 1. Response Procedures. Responses are the back bone of the operational plan outlined in this cooperation agreement. No one district can provide a complete full service department. However, with all districts working together, the districts can accomplish a west county based service level that can provide expanded alarm fire response, expanded heavy rescue capabilities, quicker first- in medical response and hazardous materials response. Break down of the Response Procedures is as follows. a. Medical Calls - The nearest Station (First in) will respond with one engine (or QRU unitl. b. Auto Accidents. The nearest Station (First in) will respond with one engine (or QRU/Rescue unitl. • ~ c. Auto Accidents with Extrication. The nearest Station (First in) will respond to the accident. Extrication follows the dispatching SOP currently in place. . d. Grass Fires. The nearest (First in) station will respond with one brush truck. Grass fires in the foothills will follow the current dispatching SOP. e. Structure Fires. The two closest stations will respond with one engine each. f. Public Service Calls. District within Jurisdictional boundaries will respond. ~ 2. Multiple Unit Responses. When a unit is the first to arrive at a fire within its jurisdiction, it must give an initial report and assume command of the incident. If the first unit to arrive on the scene is not within its jurisdiction, it has the following options: a. Pass command to the second unit on the scene, which should be, unde~ this Agreement, a unit with jurisdiction. b. Retain command. In this event, the unit with jurisdiction must send a command person to the command post to assist in the planning and course of action to resolve the incident. 3. This Agreement qoverns disoatchingoqerations f r initial dis~atchina onlv. The district with jurisdiction should dictate the remaining response from its district. 4. Cover for occupied District. In the event all of the fire fighters and equipment in a given fire district are occupied, that district may request of one of the three remaining districts that they supply a truck to stand by in the occupied district's station until such time as the occupied district has returned a truck to its own station. Dispatching SOP 4.320 lists other stations that may be used for station coverage. 5. Trainina. This Agreement will be more efficient if the parties to this Agreement engage in joint training exercises for the following: fire, emergency medical treatment, extrication, trench, confined space, haz-mat, water, ice, high angle and building collapse response. A training committee with a representative from each district may schedule and conduct joint training drills with mandatory training on a quarte~ly basis. • • This Agreement shall not negate the right or duty of a district to provide independent training to members of its department as deemed appropriate by the District. IV. PURCHASING An additional purpose of this Agreement is to coordinate the purchase of equipment and supplies in a cost efficient manner for the benefit of the citizens of each district. Pursuant to this agreement, if the districts find joint purchasing of goods and supplies provides a less expensive price, this Agreement authorizes any one of the districts to coordinate purchase of equipment or supplies with any or atl of the other districts in accordance with Idaho Code Section 67-2332. V. INFORMATION EXCHANGE Each district shall be responsible for maintaining records of responses ir- their respective districts. For responses that require a station other than the district with juri~diction, a company officer of the outside station is required to complete the appropriate incident report. This information then shall be communicated to the district with jurisdiction, so that it may complete its records. VI. GENERAL PROVISIONS 1. Each party shall be responsible for its own equipment and personnel and shall bear the risk of any loss or damage to its equipment, or injury to its personnel, occurring as a result of the operation and use of equipment or personnel under and in ~ • accordance with this Agreement. 2. This Agreement shall become effeGtive upon its execution by all of the parties involved. 3. Should any term or provision of this Agreement, or the application thereof to any persons, parties or circumstances, for any reason be illegal or invalid, then the illegality or invalidity shall not affect the other valid and legaf provisions of this Agreement and shall be construed and enforced as if such illegal or invalid provision had not be contained therein. 4. If any party wishes to withdraw from this Agreement, it may do so upon 30 days written notice to all othe~ parties. If two or more parties withd~aw from this Agreement, this Agreement shall terminate as to all parties. Thirty days written notice shall be furnished to the fire chiefs of the remaining districts. ~arr erry, Fire C~iief No h Ada Countv Fire & Rescue Dan Friend, Fire Chief Eagle Fire Protection District Kenny Bov4ers, Fire Chief Meridian Cit Rural Fire Protection District ~ ~~ L~ Tracy R6ynor, Fire Cfiief Star Joint Fire Protection District DATE: M ~~~r I~ y MEr~IDIAN CITY 1UNCIL - . AGc1VDA ITEM NUMBER~-' APPLICANT: AGctVCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINE~R - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADR COUNTY H I Gi~-iWAY D 1 STR I CT ADA STREET NAME COMMITTEE - C~I~~~RAL D I STR I CT HEALTH - NA1+'9~f~ MERIDIAN IRRIGATION - Sc?`('~ERS I RR I GAT I ON - IDAF~f~ POWE~ - ~JS W~ST - INTERMOUNTAIN GAS - BUREf~U ~F RECLAMATION - MERI~I~~.~ CITY ATTORNEY - COMMEIVTS : Y/" ~ ~/~ n/ /` V~ /l ~ l ~ ~ MERIDIAf~ ~LANNING DIRECTOR - OTHER ~L~1~~1~NTS : ~ ~ ~ CONSENT TO ASSIGNMENT This Agreement dated as of , among FORSGREN ASSOCIATES, P.A. ("Assignor"), an Idaho professional corporation, KELLER ASSOCIATES, INC. ('Assignee'~, an Idaho corporation and The City of Meridian, Idaho ("City'~. RECITALS A. The City and Assignor entered into the following contract whereby Assignor agreed to provide certain services to The City as described by the Agreement for Engineering Services in association with the Meridian wastewater treatment piant ultraviolet disinfection facilities design and construction supervision. B. Assignor desires to assign to Assignee, and Assignee desires to assume from Assignor, tMe rights, duties, obligations and liabilities past and present of Assignor under the Contract, and The City consents to have Assignee complete all remaining obligations in respect of the Contract. NOW, THEREFORE, in consideration ofthe mutual promises herein contained, the parties hereto agree as follows: 1. Assignor hereby assigns and transfers all of its rights, duties, obligations, and liabilities past and present, under the Contract to Assignee. 2. Assignee hereby assumes, agrees to be bound by, and undertakes to pertorm each and every one of the terms, covenants, and conditions contained in the Contract to be performed by Assignor. Assignee further assumes all future and past obligations and liabilities of, and all claims and demands against, Assignor under the Contract in all respects as if Assignee were the original party to the Contract. 3. The City hereby consents in writing to the assignment of the Contract by Assignor 1 of 3 ~ ~ to Assignee, and recognizes Assignee as Assignor's successor in interest to the Contract in all respects as if Assignee were the original party of the Contract. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be affixed to this Agreement by their duly authorized officers as of the day first above written. FORSGREN ASSOCIATES, INC. By State of Idaho County of )"°• Title On this day of in the year of .~before me personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public of Idaho Residing at: My Commission Expires: 2of3 ~ ~ KELLER ASSOCIATES, INC. By Title State of Idaho ) County of )'~ On this day of in the year of . before me personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public of Idaho Residing at: My Commission Expires: CITY OF MERIDIAN, IDAHO By Title State of Idaho ) County of )'~ On this day of in the year of . before me personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public of Idaho Residing at: My Commission Expires: 3 of 3