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Home My WebLink About1998 04-07~ ~ MERIDIAN CITY COUNCfL AGENDA TUESDAY, APRIL 7, 1998 - 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: x RON ANDERSON CHARLIE ROUNTREE x GLENN BENTLEY x KEITH BIRD x MAYOR ROBERT CORRIE MINUTES OF PREVIOUS MEETING HELD MARCH 17, 1998: (APPROVE) MINUTES OF SPECIAL MEETING HELD MARCH 10, 1998: (APPROVE) PROCLAMATION: MARCH FOR PARKS 1. TABLED MARCH 17, 1998: INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: (TABLE UNTIL APRIL 21, 1998) 2. FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY TRIPLE T INC. - 519 EAST FAIRVIEW AVENUE: (APPROVE FINDINGS - APPROVE CUP W/CONDITIONS) 3. AMENDED ORDINANCE #783 : FUTURE PARK ANNEXATION: (APPROVE) 4. PUBLIC HEARIN(': AMENDING ALCOHOLIC BEVERAGE ORDINANCES AND ADULT BUSINESS ORDtNANCE: 5. AMENDED ORDINANCE #684 : BEER, LIQUOR AND WINE ORDINANCE: (APPROVE) ORDINANCE #791 : REPEALING OBSCENITY ORDINANCE: (APPROVEj ORDINANCE #792 : ADULT BUSINESS ORDINANCE: (APPROVE) 6. PIJBLIC HEARING: PRELIMINARY PLAT FOR THUNDERCREEK SUBDIVISION BY MERIDIAN LAND DEVELOPMENT COMPANY - SW %4 NW % SECTION 18: (APPROVE PRELIMINARY PLAT) 7. PUBLIC HEARING: INCREASE FEE SCHEDULE FOR PARK FACILITIES USE: 8. 2ND AMENDED RESOLUTION #161 : PARK FACIUTIES FEES: (APPROVE WITH CORRECTIONS) ~ . 9. PUBLIC HEARING: ADOPTING THE 1997 UNfFORM MECHANICAL CODE WITH APPENDICES AND PERMIT FEE SCHEDULE: 10. ORDINANCE #790 : 1997 UNIFORM MECHAIVICAL CODE WITH APPENDICES AND PERMIT FEE SCHEDULE: (APPROVE EFFECTIVE JUNE 1, 4998) 11. FINAL PLAT FOR HAVEN COVE N0. 7 SUBDIVtSION (41 LOTS) BY MERIDIAN LAND DEVELOPMENT COMPAIVY - NORTH OF W. PINE AND EAST OF TEN MILE ROAD - S'/ OF NW %4 SECTION 11, T.3N., R.1W. : (APPROVE) 12. FINAL PLAT FOR GEMTONE # 3 SUBDIVISION (4 LOTS) BY CROSSROADS BUSINESS CENTER LLC - WEST OF EAGLE AND NORTH OF W. PINE - NE %4 SECTION 8, T3N., R1 E.: (APPROVE) 13. FINAL PLAT FOR ELVIRA SUBDIVISION {49 LOTS) BY RON CROW - EAST OF EAST 5T" STREET AND NORTH OF EAST CARLTON - PART OF NE %4 & NW % SECTION 7 T.3N., R1 E.: (TABLE UNTIL APRIL 21, 1998) 14. REQUEST FOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK - 3175 N. TEN MILE ROAD: (TABLE UNTIL APRIL 21, 1998) 15. REQUEST TO CONNECT TO UNITED WATER BY fRIENDSHiP CELEBRATION - SOUTH Of CHINDEN ROAD BETWEEN LOCUST GROVE AND MERIDIAN ROAD: (APPROVE) 16. WATER / SEWER / TRASH DELINQUENCIES: (APPROVE) 17. APPROVE BILLS: (APPROVE) 18. DEPARTMENT REPORTS: A. GARY SMITH: 6. SHARI STILES: C. TOM KUNTZ: 1. LEASE/PURCHASE AGREEMENT FOR SMALL UTILITY TRACTOR. 2. HERBS FESTIVAL AT STOREY PARK. D. WILL BERG: 1. SICK LEAVE POOL COMMITTEE SUGGESTED AMENDMENTS. • • MERIDIAN CITY COUNCFL REGULAR MEETING APRIL7, 1998 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:38 P.M. MEMBERS PRESENT: Glenn Bentley, Ron Anderson, Keith Bird. OTHERS PRESENT: Gary Smith, Bil1 Gordon, Shari Stiles, Tom Kuntz, Will Berg. Corrie: Before we get started, I want to welcome Scout Troop 126 this evening and welcome to the City Council meeting tonight. Second, iYs not on the agenda, but I would like to issue a proclamation at fhis time if I might Council. This is a proclamation whereas April 18th, 1998 has been established as March for Parks Day, and whereas March foc Parks Day has been established nation wide as a demonstrafion of public concern over the condition of national parks and public spaces and whereas these events will not only raise awareness, but also necessary fiunds for the park improvement, protection, education projects benefiting national, state and local public parks and whereas those participating in the March for Parks are demonstrating that they are committed to protecting and revitalizing our national treasures for generations to come and whereas the parks and recreation commission is sponsoring a March for Park eVent on April 18th, 1998 which will take place at Storey Park and the funds raised will be specifically benefit the parks facilities in Meridian, Idaho. Now therefore, I, Robert D. Corrie, Mayor of Meridian, Idaho do hereby proclaim April the 18th, 1998 as March for Parks Day. And in Meridian and I call upon the residents of this city of observe or participate in this day as well as the days ahead with sensitivity and respect for the nation's precious parks and public spaces. Signed and Sealed, Robert D. Corrie, Mayor. I'd to at this time to give this proclamation to the Parks and Rec. Committee President, Tammy de Weerd, if you will come up, I will present this to you. De Weerd: I just want to invite you all to come cook at our cook out. Councilman Bird and Councilman Rountree have both committed themselves to it. I would challenge the other two Councilman to come that day. Tom, I do have some - we just got our program event out, and I'd like to give each of you one. A lot of community support again has corne this year for this year's event, and I would you to recognize the sponsors that are listed inside your program. With their support, we're abte to have the meals and the t-shirts and the raffle prizes and the prizes for the top fundraiser. So again I'd like to invite you to come and help us out. If you don't want to cook, if you are not good at it, Ron, waik and help us support our parks. I'd like to invite everyone here to (inaudible - off the microphone). ~ Corrie: Thank you very much, Tammy. We'll be there. Council you have the minutes of the previous meeting held March 17, 1998 and the minutes of the special meeting held March 10, 1998. Are there any corrections or alterations to either one of those minutes? I will entertain a motion that they be accepted as written. • ~ MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 2 Btrd: Mr. Mayor, I make a motion that we accept the minutes of the March 10th and the March 17th meetings of fhe City Council. Bentley: Second. Corrie: Motion made by Mr. Bird and second by Mr. Bentley that we accept the minutes as written from March 17~' and March 10t", 1998. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: All ayes. ITEM NO. 1: INSTALLATIDN OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: Corrie: Is there anybody here from McCall Industries here this evening? Okay, Council, I have talked to Mr. Van Auker and also Mr. Saums has given us some word here. I would like to have Mr. Van Auker give us the prices in the next meeting in two weeks to finish that up. And if we can get a delay and table that until the 21gt of April. We can have all the figures for you and we can work on it at that time. Bird: Mr. Mayor, I make a motion that we table this until the meeting of the 21 gt Anderson: Second. Corrie: Motion made and seconded that we table this until April the 21 St. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 2: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAI USE PERMIT FOR A FULL SERVICE RESTAURANT BY TRIPLE T INC. - 519 EAST FAIRVI'EW AVENUE: Corrie: Council you have the Findings of Facts and Conclusions for the conditional use permit on that. What iS your pleasure? Bentley: Is the spokesman here for Triple T Incorporated? Corrie: I didn't see anybody. is there somebody here from there? No, Mr. Bentley, there isn't. Bentley: I have a question for staff. Shari, have they responded to all your inquiries? i • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 3 Stiles: I believe they had addressed everything. I did notice in fhese findings. that it's not transferable to another owner or lessor of the property. When this first came through they wanted it to be Smoky Mountain Pizza, but they backed so the owner of the property wanted to continue so that they could have a restaurant use in there. There is another party that's interested in having a restaurant in that building, and so I'd like as long as it's a similar type of business that they be able to use this conditional use permit instead of having to start over. Bentley: Are they agreeable to fhis? The owners? Stiles: The owners? Bentley: Are they agreeable to all the conditions and stuff that was set forth? , Stiles: They've indicated that they were, yes. Corrie: So Smoky Restaurant may not be there; is that the case? Stiles: Yeah, before the first public hearing, they had backed out, but there is another party that is interested in having a restaurant in that building. Benttey: And was the signage issue addressed with them? Stiles: It was initially addressed baek when the building itself came through the process. And that was a condifion of their original conditional use perrnit for the entire building. When they test~ied in that public hearing, they said that if it were something other than retail, then fhey would come back for the condifional use permit, and since they do have interest for a restaurant that's why they came back. Bentley: Okay, thank you. Corrie: Any further questions from Council? Bird: I have none. Anderson: None. Corrie: Okay. If there's no further discussion, I'll entertain a motion. Bentley: Mr. Mayor, I would move we approve the conditional use permit for a full service restaurant and request of Triple T Incorporated. Bird: Second. • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 4 Crookston: You need to approve the findings of fact and conclusions of taw. Bentley: Mr. Mayor, I would move we approve the Findings of Facts and Conclusions of Law. Bird: Second. Corrie: Motion is made and second that we approve the Findings of Facts and Conclusions of Law. Any further discussion? ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. MOTION CARRIED: Atl ayes. Corrie: I will entertain a motion for the decision and recommendation. Bentley: Mr. Mayor, the City Council, City of Meridian hereby approves the conditional use request for permit for the applicant for the property described in the application with the conditions set forth in the Findings of Facts and Conclusions of Law or similar conditions as found justified and appropriate by the City Council, and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements, and the paving and landscaping requirements and all other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Bird: Second. Corrie: Okay, motion is made and seconded we accept the decision and recommendation as read. Any furthec discussion? All those in favor of the mofion, say aye. MOTION CARRCED: All ayes. ITEM N0. 3: AMENDED ORDtNANCE #783: FUTURE PARK ANNEXATION: Corrie: Is there anyone from the audience that would like to have ttie amended ordinance #783 read in its entirety? Okay, hearing none, I will entertain a motion on the amended ordinance #783. Bi.rd: Mr. Mayor, I make a motion that we accept the amended ordinance #783 regarding future park annexation with suspension of rules. • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 5 Anderson: Second. Corrie: Motion made by Mr. Bird and second by Mr. Anderson that we accept the amended ordinance #783. Any further discussion? Hearing none, all those in favor of the motion of the amended #783, roll call. ROLL CALL: Anderson, yea. Bentley, yea. Bird, yea. MOTION CARRIED: All ayes. ITEM NO. 4: PUBLIC HEARFNG: AMENDING ALCOHOLIC BEVERAGE ORDINANCES AND ADULT BUSINESS ORDINANCE. Corrie: At this time I will open the public hearing and invite anyone from the public who would like to testify at this public hearing. DAVID CUOIO WAS SWORN BY THE CITY ATTORNEY Cuoio: Gentleman, I used to Iive about a hundred feet from the Blumacs Dance Review off Vista in Boise, and I'm here to tell you in two minutes what that experience was like. We had a quiet little neighborhood bar for a long time, and on July 4th, 1995, a guy moved in wifh dancing girls in the bar. Now 1 didn't have a problem with that. If somebody wants to go to that kind of establishi~nent, that's their business. Let me tell you what problems occurred in our neighborhood. First of all, there's the noise from the music inside the bar. You know those little cars that go by occasionally that have the real loud noise. Imagine one of ~those a hundred feet from yowr back door from 2:00 P.M. to 2:00 A.M. six days a week, just constantly barraging your house. Secondly is the noise from the patrons. Many of whom are not aware of the invention of the muffler. Also a lot of guys who ride bikes, and I don't have anything against guys who ride bikes. The problem is the bikes are loud. And when you get a bunch of them together, for example, one night eight or ten of them felt for some reason they had to rev for a half hour, actually it was more like 45 minutes, but I thought 45 minutes sounded ridiculous, so I toned it back to a half hour. They just revved for a half hour. Now, I don't know what that was all about. I heard of gang bangs, but never heard of a gang rev, and I still don't. Maybe it was tourist thing, just like the third- day the bar was there, a group of them just rode through the neighborhood to let us know they were there. Then there's the guys yelling in the parking lot and the traffic through the neighborhood. A lot of additional traffic, mainly befinreen one and two A.M. And so after finro years of talking to the bar owner, talking to the police, talking to the City Council, talking to anybody who would listen, I realized we couldn't win and we just moved. Just moved out, moved to southwest Boise. We are on an acre. IYs quiet; I like it. So if there's anything you can do to keep this kind of business from being close to your neighborhoods, do it because • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 6 it doesn't work, that kind of business in the neighborhoods just don't work together. Thank you. Corrie; Thank you very much. DAVE REECE 1325 YOST COURT, MERIDIAN WAS SWORN BY THE CITY ATTORNEY. Reece: I'm an associate pastor for Meridian Assembly of God Church, and so I think you would expect me to oppose the increase of adult entertainment and pornography in our community, but I also come as a father and husband. A father of four children that I'm raising and rearing and I have some real concerns. Lots of times people are crying censorship when we try to prohibit this kind of thing from happening. But I know that our rights only extend as far as they don't interfere with other people's rights, and I believe that adult entertainment and pornography do infringe on the rights of ofhers. I don't believe it's just harmless entertainment. As a counselor whose dealt with numerous cases and talked to a lot of individuals and difficulties, I can say that it is addictive. It is a major contributor to sexual assault and sexual abuse in communities. A majority of times when fhere's been sexual assault and sexual abuse, you'II find that it's been aggravated by the habit of pornography or being involved in adult entertainment. The murder that we just had this past weekend in Boise is the kind of incidents that statistically increase when this is allowed, this influence is allowed to increase in our communities. We've just been through a rigorous of going through zoning things for our own church, and we have really sought to you know do everything within the guidelines that we are suppose to do to build and to keep our property beautiful and I'll have to say that of the communities that I have ever lived in, Meridian is the most beautiful city that we've ever lived in. We have strict zoning that keeps it a clean city. And so it's really ludicrous to think that we would ever allow to say something like open sewage to run in the streets of a city this clean. And that would be because it would be offensive and if would spread disease and I want to just suggest that this form of adult entertainment from my opinion and from when I've been involved in counseling and so forth is offensive. People that are concerned about women's rights ought to be right up here along side me, because it is offensive to women. It is something that is offensive to children. It does spread in the form of disease in our culture, and so on behalf of our. churches and concemed parents, I urge that this Council consider #hese things. Thank you. Corrie: Thank you. Is there anyone else who would like to testify at this time? ROBERT SOBA 1920 IDAHO, CALDWELL WAS SWORN BY THE CITY ATTORNEY. Soba: Thank you, Mr. Mayor, members of the Council. My name is Robert Soba. I'm the director of the Idaho Department of Law Enforcement. While my office is in your fair • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 7 city, I am not a member of your community. I'm not here to try to tell you how to do it. over - to what you need to do here, but just share a few experiences. I aiso want to start my conversation by saying that most bar owners are honest businessmen. However many are not. Bar offer the gathering places for all kinds of itlegal activity, drugs, gambling, stolen property, prostitution, the list goes on. 1984 I accepted the job as the Chief of Police in the City of Caldwell. At that time we had numerous crime problems in our city. Many of these were due to the rowdy bars that we had and the reputation that fhey brought. Over the years the city had allowed too many bars to come into the city particularly in the downtown area. The one finro block area in our downtown, we had seven different bars. This created many problems for our city and was not the least was the reputation, the fighting and shooting and stabbing incidences had continually got ceported in the news media were certainly not a(inaudible) of many kind people that live in our city. I have had man conversations with our economic development people in the chamber of commerce when I was police chief. Particularly about the effect that this reputation had on economic development. There were time when we tried to get some new business to come to our city, but what they were concerned about was the reputation that they heard constantly in the media. This has an amazing affect on not only potential business but existing business and neighborhoods. Our downtown area, we have,several family restaurants that after dark particularly on weekends people were intimidated to come down to go to those restaurants because of the caliber of people we had and the from the different variety of activities that ended up happening. We had another interesting situation where we had place for many years although it had a beer license was primarily was for people to play pool. A new person would come in and took out the pool tables, and made it into another rowdy bar. This was right next to a senior citizen development where they have to - senior citizens had mobile homes. Obviously this was not a very good situation. Eventually they had all kinds of activities going on there just like the first gentleman talked to you here. 1 can certainly identify. Pve heard these stories many times since t was police chief. Not only did that have that affect, but beer cans, syringes, all these different things going on. But probably the worst thing that happened there was the effect this had on property values. People in this mobile home, senior citizens, could not sell their property, or if they did they'd have to take a tremendous beating on it.. Because it was well known what was going on there. During my tenure as chief of police, we closed three bars in the city of Caldwell by revoking their license. I guarantee you this is a long and hard process, and you can always count on some kind court action and dragging on forever. It became so bad in our city that one time one of the bars that had closed in the downtown area, we had another individual who was going to lease it and open up another bar. We were suspect of the clientele he might bring in there. The city felt so strongly about that, they bought the building and later tore it down. That's just an example of how serious these problems can have. Over the years we developed many restrictions concerning drinking establishments. They have strong safety inspecfions. Anyone applying for a license was given strict guidelines of what they could do and what was expected of them, but most importantly we did not rubber • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 8 stamp applications. It's far easier to deny an application than it is go through the process of suspend or revoke somebody already in business. We also started a licensing bartender situation there where the bartenders have to be licensed. That way we had strict statutes that they had to be accountable for, could be held accountable for. And if they didn't maintain order in their bars, then they could lose their license. This also gave us the opportunity to deny the felony bartenders. We also denied anyone that had DUl convictions with the thought being if they can't manage their own drinking problems, then they shouldn't be rnanaging other people. We also put very strict restrictions on zoning, where bars could go. And particularly in the downtown area, we made it where they had to have a public hearing for any kind of license. We had several of these hearings over the years. We had to rrmail these notices out to all the peopte around. They'd show up. We had a lot of stor.ies like you've heard already. (Inaudible) It was very successful in giving fhe ammunition to the City Council to deny those licenses. As a growing city, Pm not indicating that you will have those problems, but I do think that there is a continuing need to address these issue before they become a big problem, because once it does become a big problem as it did with the City of Caldwell, I can as'sure you it takes many many years to rectify get past that reputation. Thank you very much. Corrie: Is there anyone else? RICH SCHNEBLY 4050 E. HUBBARD ROAD, KUNA, WAS SWORN BY THE CITY ATTORNEY. Schnebly: Mayor, Council, I am a sergeanf with the Boise Police Department and over here to speak to you about some of the experiences that we have encountered over in Boise as a result of and expand upon population. I think that from my standpoint I would encourage you as council to consider the numbers of bars that you tend to allow to come into your community. t would agree very much with Mr. Soba that when it comes to where you locate these establishments becomes a prime factor. Number one, next to neighborhoods, obviously doesn't work and number two clustering of bar establishments also tends to bring more problems from what we've experienced in our downtown area around Sixth and Main wtiere we have a large bar establishment. People tend to go from bar to bar to bar and drink most of the night. What happens with that is that it requires more attention by the police department. (Inaudible) these establishments on board, it's going to require more attention by your police department. I think maybe that you are all aware that the State Department of Law Enforcement has had to cut back services recently as a result of budget restrictions and so on and so forth, and they are no longer providing the kinds of additional services that they used to v-fien it comes to alcohol and liquor enforcement. Those jobs, monitoring your establishments and trying to determine whether they are in compliance with liquor laws is going to fall more and more to locaf law enforcement to enfo~ce those kinds of rules. So I would encourage you as Council to number one, any kind of ordinances that you • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, t998 PAGE 9 can put in place that wiil strengthen the current state ordinances and plug any loopholes that the state legislature has kind of missed. They (inaudible) all knowing and they tend to put laws in place with cerfain intents, but it doesn't meet all circumstances that we, tend to face in the real world. Second of all I would really encourage you as a council that when it comes to bringing new businesses and communities in here, residenfial areas into your community and as your community grows, please be conscience of the amount of calls for service and the kinds of things that your police department is going to have to provide services to, and try to make sure that your police department stays at staffing levels that provide the services your community needs to stay as a safe place. Onee you get behind the power curve with this, and you get behind, it's very difficult catch up as we've experienced in Boise. We got behind the curve, and even though our council has tried very hard to bring us up to the staff and levels we feel we need to be at, we're so far behind it takes a huge amount of influx of funds to get us back up to those levels, and we struggle with that each and every day. So if there's any questions that I can answer for you, I would be rriore than happy to. Corrie: Councilmen, any questions? Bird: Sergeant, how many establishments per block would you recommend? Schnebly: Not being a planner, I can't - Bird: But you don't think iYs right to cluster? Schnebly: From our experiences at Sixth and Main, it's easy to keep people contained, but right now on Friday and Saturday nights, we dedicate an entire team for the downtown core. One for a cruise situation, but then the cruise tends to die about midnight. We have to maintain those officers in there from about midnight until about 2:00 just to monitor the bar crowds and make sure that we keep the fights and stuff down to a minimum, and we found that increased police visibility tends to do that, but it requires us to dedicate a lot of manpower into those situations. Bird: Thank you. Corrie: Thank you. Anyone else would like to testify at this time? WILLIAM MUSSER 201 E. IDAHO WAS SWORN BY THE CITY ATTORNEY. Musser: I'm here this evening Mr. Mayor and Council members as a representative of your police department in this community and also as a resident of the City of Meridian itself. Prima~ily our objective in looking at the revisions on the ordinance is to number one, not deprive anybody of the opportunity to able to enjoy their livelihood. However we do notice that there are a few correlation's which occur when we do have adult ~ ~ MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 10 entertainment tied in with alcohol license and establishments. My experience here in 'this community working since 1981, I have seen, there's been numerous times when we've ~had say traveling troops come into the town, such as male strippers or other female revues that occasionally are in the bars for one or two nights, and I can remember one time in particular in 1990, which I responded down to an alleged rape because of a male troo~ fhat had been inside of the bar at 127 East Idaho, what was then 'Dudars. Because of that alleged rape and the invesfigation, we spend approximately a week trying to put that case to rest and ultimately it was a false accusation. However because of what was going on in the bar, because of the drinking, the lowered inhibitions and everything else, the propensity for that kind of thing seems to be much more paramount when you have the two of the items together. Additionally I was working in this department when the Kit Kat opened up down on Franklin just outside of town. As a result of the Kit Kat opening up, it was the type of business that has to do with adult entertainment coupled with the liquor usages. We've also had one of the most dramatic and probably one of the most heinous homicides for the (inaudible) in any one given area. It was close to town. That case is still open and unsolved at this time resulting in the tragic deaths of at least two people from gun shot wounds. All because of an argument that started inside the bar area. It was brought on with the usual drinking, coupled by arguments over who got to talk to who and leave with who from the bar because of fhe dancers. Those are the types of things that we would like to try to prevent propensity for. Not to absolutely stop, because we are always going to have problems with anything that involves human nature. However the propensity by having the two of them together increases and right now for the town of Meridian, we do have the luxury of having a nice, low violent crime rate. We don't have that much in the way of crimes against people. We do have crimes against property. We'd much rather work those crimes against property than we would work crimes against people. When we start involving the people, I think it becomes more tragic. It's much more of a shock to the community, and we would like to see that be avoided if at all possible. That's part of the reason why we were looking at the proposal at this time to be able to separate out and try to make this work. I can answer quesfions if you have any as well. Bentley: Bill, what's our eurrent officer per population rate? Musser: Current officer per population rate, I would have to base on last year's figures which is approximately 30,000 people to what we had in the way of force. Approximately 1.3 at that time. Given that we are not really sure where our population numbers are at exactly, we make the best guess.we can, but 1.3 is roughly where we've been~ at. Corrie: Any questions? Bird: I have none. • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 11 Corrie: Any other testimony? Hearing none, I will close the public hearing. ITEM NO. 5: AMENDfD ORDINANCE ~84: BEER, LIQUOR AND WINE ORDINANCE: ORDINANCE #791: REPEALING OBSCENITY ORDINANCE: ORDINANCE #792: ADULT BUSINESS ORDINANCE: Bentley: Mr. Mayor, I have a question on number four. Now, is this suppose to be an amendment or is this labeled wrong on our coversheet? Bird: Is this a public hearing for an amendment? Corrie: For a possible amendment; that's cor~ect. Bird: So, do we have to make a motion or do we go onto the next one? Corrie: Counselor? Crookston: You would go on to the next agenda item. Bird: Thank you. Corrie: Okay, Council, you have the amended ordinance #684, Beer, Liquor and Wine Ordinance. This is an ordinance of the~City of Meridian amending title three; chapter finro section 3-201 of the revised and compiled ordinances of the City of Meridian adding the provision that no liquor by the drink, wine or beer license shall be issued to any businesses or establishments which is in an adutt business and no business or establishment which has liquor by the drink, wine or beer license shall be issued an adult business and approve an effect date. Is there anyone from the audience that would like to have that amended ordinance #684 read in its entirety? Counselor, you have that arnended ordinance #684 in front of you. f will entertain a motion - Bird: Mr. Mayor, I make a motion that we accept the amended ordinance #684 with suspension of rules. Bentley: Second. Corrie: Motion made by Mr. Bird and second by Mr. Bentley- . Bird: Excuse me, pass the ordinance. Corrie: Okay, motion bn the amended ordinance #684, motion by Mr. Bird and second by Mr. Bentley for the approval of the amended ordinance #684, suspension of rules. Any further discussion? We'll have a roll call vote. • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 12 ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, absent. Bird, yes. MOTION CARRIED: All ayes. Crookston: You need a roll call vote on that. Corrie: We just did it. Crookston: I'm sorry. Corrie: The next is ordinance #791. Okay, this is ordinance #791, is an ordinance of the City.of Meridian repealing title 8, chapter 19 of the revised and~compiled ordinances of the City of Meridian and providing effective date. Now is there anyone from the audience that would like to have this ordinance #791 read in its entirety? Okay, CounciL Bentley: Mr. Mayor, I move we approve Ordinance 791 with suspension of rules. Bird: I will second it. Corrie: Mot'ion made by Mr. Bentley, second by Mr. Bird that we accept Ordinance #791 with suspension of rules. Roll call vote. ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, absent. Bird, yea. MOTION CARRIED: All ayes. Corrie: Ordinance #792 is an ordinance of the Cify of Meridian enacting a new title 8, chapter 19 of the revised and compiled ordinances of the City of Meridian and providing an effective date. And this is the adult business ordinance. Anyone from the audience who wish to have this Ordinance #792 read in its entirety? Yes, ma'am. Mr. Attorney would you please read that. ; Peggy Gardner asked that Ordinance #792 be read in its entirety. ' Crookston: Ordinance #792 was read by Mr. Crookston in its entirety. Corrie: Thank you Wayne for reading Orciinance #792, and it's read in it entirety. Bentley: Mr. Mayor, I have a question for the Counselor. On page 11, paragraph 8, 19, 13; fourth line from fhe bottom, It reads, the licensee and enable him to respond shall be given. Should fhat read him, her? , • . ~ MERIDIAN CITY COUNCIL REGULAR MEETING ~ APRIL 7, t998 ~ PAGE 13 i Crookston: Statutes and ordinances, generally the masculine includes the feminine. Bentley: Okay, thank you. That's all I have. ~, ~ Corrie: Any further questions from Counsel? , Bird: I have none. Corrie: Okay, I'll entertain a motion on ordinance #792. Bird: I make a rnotion that we pa,ss ordinance #792 with suspension of rules. Anderson: Second. I Corrie: Motion made by Mr. Bird and second by Mr. Anderson to approve ordinance #792 with suspension of rules. Any further discussion? Hearing none. ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, absent. Bird, yea. I MOTION CARRIED: All yea. Bentley: I know Mr. Crookston can't talk anymore so I make a motion we take about a five minute break. Bird: You've had us here since 6:00. Corrie: Do I hear a second to that motion? ~ Bird: I'll second it. Anderson: I'll third it. FIVE MINUTES BREAK - BACK ON THE RECORD 8:56 P.M. ITEM NO. 6: PUBLfC HEARING: PRELIMINARY PLAT FOR THUNDERCREEK SUBDIVfS10N BY MERIDIAN LAND DEVELOPMEOVT COMPANY~ Corrie: I invite the developer to come forward first. CHARLES EDDY WAS SWORN BY THE CITY ATTORNEY. , ~I • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 14 Eddy: Well, this is a fairly straight forward project. This project was first submitted to the City of Meridian a few years ago. It was not pursued and the time ran out on the application. Meridian Land Development Company purchased the project and has reapplied with some modifications to the original drawings submitted. Modifications have been redoing the lot structures so as to allow more streets to; go access to the south property. This project is located north of West Pine approximately six hundred feet and directly adjacent to Ten Mile on the west side. It's 6.4 acres. The properties to the north and east are zoned R-4. The property to the south is R-2 zone, Ada County Zoning. I said it is a straight forward project. There's not a lot of whistles and bells to it. The developer has agreed to meet all the conditions that have been put forward by staff. And I'd be happy to answer any questions that you might have. ~ Corrie: Thank you. Any questions from Council? B'ird: I have none. . Bentley: I have none for him. Anderson: None at this time. Corrie: Thank you very much. Benfley: Mr. Mayor, I have a question for sfaff. Corrie: Well, we've stitl got the public hearing. Bentley: Okay. Corrie: Anybody else from fhe public who would like to testify? DAVE FULLER 890 N. TEN MILE WAS SWORN BY THE CITY ATTORNEY. Fuller: I own the property just adjacent to the south of this Thundercreek devefopment. And recently have been in contact with the developer. I had a couple of issues that I had a question, and that was the property Iine. Some of the ditches and fencing on the south side. He's mentioned that there's a ten foot easement, he's ;going to put the pressurized irrigation in there. Together we can work out the fencing. And the planning and zoning, they would go with the non particle bench because the land is now agricultural. And that piece of ground that I own will be developed;rather soon probably because they are stubbing two streets in now instead of one. The ~one thing I kind of wanted' to touch on with the City, and I guess they don't have too much to say about the highway, but you drive down Pine Street and you see those big muddy holes on the side of the roads in front of these new subdivisions. They look terrible, and I kind of a • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 15 wanted to make sure that there wouldn't be a big muddy hole in frqnt of this subdivision right by that new Albertson's store just down the street. I don't know whether the City can put a little more pressure on ACHD or not to get those streets ;looking better. I think we ought to as a City and as Councilmen, we ought to put some pressure on the County, because they are ignoring us out here. The tra~c is real severe on that corner, and I've been in contact with the highway department, and they say iYs years down the road. I would just like to testify that we need to do something, andl I hope you guys can get it done for us. That's all I have. Corrie: Okay, questions from Council? Bird: I have none. Bentley: I don't have a question for him, but we have been wrestling with them over the whole Ten Mile situation. ~ Fuller: We got the high school on end and the new schoot across the way on the other, and the subdivision's going to link the subdivisions together but nothing is being done on that corner, and iYs got to be done pretty soon or you are going: to have some problems. Corrie: Thank you very much. You are right. Anyone else from the public would like to issue testimony in this? Okay, hearing none, I will close the public! hearing. Mr. Bentley, you had a question. ~ Bentley: Yes, I had a question for staff, Shari. How is the plans as presented to us, the updated ones? ~I Stiles: This plat was previously approved by City Council. The only change that they've made is to delete those four lots. I'm sorry, I think that they've satisfied all of the . concerns that I've had. They've addressed all of our comments. It seems like a pretty straight forward project to me. ~ Bentley: Okay. Bird: Do you agree Gary? Smifih: Yes. Corrie: Any further discussion? I will entertain a motion on the prelirninary plat for Thundercreek Subdivision. • • I MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 16 Bird: I make a motion that we pass the preliminary plat for Thundercreek Subdivision by Meridian Land Development Company. Anderson: I second that. Corrie: Okay, motion made by Mr. Bird and second Mr. Anderson,that we accept the preliminary plat for Thundercreek Subdivision by Meridian Land Development Company. Any further discussion? Hearing none, all those in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO. 7: PUBLIC HEARING: INCREASE FEE SCHEDULE FOR PARK FACILITIES USE: ~ Corrie: So I will open the public hearing and ask the park director to start the pubic hearing. ~ TOM KUNTZ WAS SWORN BY THE CITY ATTORNEY. Kuntz: Mayor, Council, I'm asking for finro things tonight in the fee schedule. One is park shelter reservations, and what we've done is realign the fees :so that the fee increases go up with every fifty people increment. Up to a maximum of 300 people in the shelter. In addition then the rate will - thaYs for a four hour period of time. For every hour after four hours the increment of increase would be $10.00 per hour. The second part of this request is for a softball field reservation fee of $7.00 per hour that will enable groups using the park shelters to reserve the softball fields and have exclusive use of those fields for a set period of time. Corrie: Any questions? Bentley: I have none. Bird: I have one. Mc. Kuntz, now in these reservation fees, witl you have a park man out there or is this to cover their wages or will you have one out there at that time? Kuntz: Is this the shelter fee or the softball fee? Bird: The shelter fee. Kuntz: What the shelter fee covers is cleaning the shelters inside, cleaning the picnic tables and moving sufficient picnic tables under that sheltered area to accommodate the size of the group. • • I MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 47 Bird: Will this cover our cost of our employees to do that? Kuntz: Yes, sir. Bird: It will. Okay, that's the question I had Tom. Corrie: Any further questions? I have one Tom. In the resolution that.was #161, the first one, it contained item number six which states the parks of the City of Meridian shall be open until available to use 7:00 A.M. until 12:00 midnight.', Do you wish to have that inGuded in your new one? I noticed it was left out here. There was the old resolution 161 had it in there. Do you want that still added in this new one? Kuntz: Yes, I would like that added to the new resolution from the old one. Corrie: Okay, so Counselor, if you would note that in your approval to add that number six of the old one in there to the new one. Do you follow me there? Crookston: Yes, I do. Corrie: Is there.anyone else who would like to add testimony to the resolution number 161? Increase fee. Hearing none, I shall close the public hearing then. Questions from council? ~ Bird: I have none. Bentley: I have one. So what we are asked to approve tonight is the amended or the resolution? ~ Corrie: Second amended. That's item number eight. This is the public hearing now. We just finished it. Now closing that public hearing, now we'tl go to - if there's no further questions on that public hearing. i Anderson: Just one more question. On these other corrections, one is circled, and one's underlined on page finro. Do we need to do something on that Tom, where it says Storey Park and change the word shelter from facility. ~ Kuntz: We're looking at the new ordinance on page two. Yeah, we want the ordinance to read facility. That's the first one. We want it to read facility, not shelter so that it is uniform and applies to our facilities not just the shelter. And on Storey Park, -- Berg: Mayor and Council, that was my question. I didn't know if there was going to be any other facilities at Tully Park. There'd be shelters that you want: to - • • , MERIDIAN CITY COUNCIL REGULAR MEETING ~~ APRIL 7, 1998 ~ PAGE 18 I Kuntz: There will be and we want this generic so that it will address all of our shelters. Bird: The copy I've got has that changed already. ~ Corrie: Thank you very much. Kuntz: Yes, if you look at the amended ordinance fhat we are asking for approval tonight, number three, it reads that persons, associations, corporations, other entities desiring to use the Meridian Park Facilities, so that takes the place of Storey Park. Bird: Let me ask you a question, Tom. Ours don't say amended, it says resolution #161, and I got a stamp on it says March 12th. That's the one we are suppose to be going off of. Kuntz: Correct. Bird: But it doesn't say amended. Kuntz: Correct. Bird: Okay, thank you. Crookston: tt should say amended though. I Bird: Thaf's what Glen is saying. ; ~ Kuntz: Correct. The amended ordinance that 1'm asking for tonight - ; Crookston: Excuse me, we are talking about a resolution, not an ordinance. Kuntz: The resolution that we are talking, asking for your approval tonight amends the original resolution 164 so it reads generically park facilities. , Bird: But shouldn't this read amended resolution 161? Kuntz: Yes. Bird: So we need to change that in our motion? Berg: This is a second amended resolution, so it needs to a second amended resolution. We've already amended it once from the original resolution. The question with Storey Park was the reservations were to be made at Storey Park. I didn't know if ~ • i MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1'998 PAGE t9 that's what you wanted to continue to do or have it read at the Parks Department shall apply at Storey Park. That's my question. Once you get Tully Park on line, if you are going to have them stilt continue to go to Storey Park to apply or if, you wanted it to your de~artment. ! Kuntz: Yeah, we want that to read shall apply at the Parks Department Office. Corrie: We can have it rewritten up. And so where it says Storey Park, it will read Parks Department Office. And in the number four, where it says shelter, it will be facility, and adding number six to #hat which would read the parks of the City of Meridian shall be open and available for the use from 7:00 A.M. untit 12:00 midnight and all people shall vacate the city parks no later than 12:00 midnight. Picnics shall end at 41:00 P.M. which gives picnic users of the park one hour of clean up and vacate the park. That should be added in there as item number six. Bentley: So we want a motion? Corrie: Yes, I'm ready for a motion if you are. I've got to open up item number eight. 1TEM NO. 8: 2ND AMENDED RESOLUTtON #161: PARK FACILITIES FEES: Corrie: Now, Mr. Bentley, you can do it. Bentley: Mr. Mayor, I would move we adopt the second amended resolution #161 with the corrections made tonight and the addition of item no. 6 from the original resolution #161. Bird: I would second it. Corrie: Motion made by Mr. Bentley and second by Mr. Bird to approve the second amended resolution #161 with correcfions and alterations as made and item number six from the first resolution #161. Any further discussion? Hearing none. ~ ROLL CALL VOTE: Anderson, yea. Bentley, yea. Bird, yea. MOTIDN CARRIED: All yea. Corrie: Mr. Attorney would you make those corrections? Crookston: Yes, I will. ITEM NUMBER 9: PUBLIC HEARING: ADOPTING THE 1997 UNIFORM MECHANICAL CODE WITH APPENDICES AND PERMIT FEE SCHEDULE: . • ~, MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 20 Corrie: At this fime I will open up the public hearing and invite the City Engineer would like to testify first on this one. Would you like to testify on this to tell us what it's about Mr. Smith? GARY SMITH WAS SWORN BY THE C1TY ATTORNEY. Smith: Thank you. Mayor and Council members, this is a proposed amendment to our Uniform Mechanica) Code as proposed by our mechanical inspector for the building department. Just makes a couple of changes to the document and it amends the inspection fees. Puts them more in line with - it's less than what the present code reflects. It's -more in line with our neighboring cities, and it's at the recommendation of our mechanical inspector, Rod Medtey. Corrie: Any questions? Crookston: The purpose of the public hearing was because the dollar amounts are increased; is that correct? Smith: Yes, that's correct. Crookston: Okay, thank you. Corrie: Anybody from the audience that would like to enter testimony on this? Hearing none, I'll close the public hearing. ' ITEM NO. 10: ORDINANCE #790: 1997 UNIFORM MECHANICAL CODE WITH APPENDICES AND PERMIT FEE SCHEDULE: ' Corrie: Is there anyone from the audience who would like to have IOrdinance #790 read in its entirety? You have fhe ordinance, is there a- Anderson: Mr. Mayor, I would make a motion that we approve Ordinance #790 adopting the 1997 Uniform Mechanical Code with the appendices and the permit fee schedute with suspension of the rules. ', Bird: I'll second it. Corrie: Motion has been made and seconded - motion made by Mr. Anderson and second by Mr. Bird. Further discussion? Bird: Pd like to see it go into effect. We have to two public printings the 10~h and the 17th. I'd like to see it take effect June 1 gt. That gives them thirty days. ~ ~ • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 21 Corrie: Counselor, can we do fhat? Crookston: It becomes effective once it's published. Once it's published, it becomes effective. Bentley: I thought if we set an effective date though, yes the ordinance becomes effective, but the fee schedule change wouldn't becorne effective until the date we set. Crookston: The ordinance itself becomes effective once it's published. If the ordinance says that those rates will start on a certain date, that's when it starts, but the ordinance itself becomes effective - Will? Berg: If you look in the ordinance on Section 5, if you just change that effective date to whatever date it would be, then when we publish the ordinance twice, it would go into effect. That's what Wayne is referring to. In the past we have always given a grace period for a time for them to should t say be notified that the fees are going to be increased. Is that correct, Gary? Smith: Yes. Our mechanical inspector felt that would be an adequate length of time so that fhe contractors would become aware of the change in the fee schedule. June 1St Bird: Mr. Mayor, I'll withdraw my second. Corrie: Okay. Anderson: Mr. Mayor, I will amend my motion to read with the permit fee schedule to have an effective date of June 1 St Bird: I'll second it. Corrie: Motion is made by Mr. Anderson and second by Mr. Bird that the effect also the corrections that the effective date to be June the 1 St Bentley: Is that 1998? Corrie: 1998. I assume 1998. Any further discussion? All those in favor of this ordinance? I'm sorry, Mr. Anderson? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, absent. Bird, yea. MOTION CARRfED: Atl yeas. ~ • MERIDIAN CiTY COUNCIL REGULAR MEETING APRIL 7, t998 PAGE 22 (End of Tape) ITEM NO. 11: FFNAL PLAT FOR HAVEN COVE N0. 7 SUBDIVISION BY MERIDIAN LAND DEVELOPMENT CO.: Corrie: Council you have the final plat application in front of you. Any questions? Okay, we have the applicant here if you have any questions on that. Bentley: Question for staff. Now Shari, what were you saying a little earlier. Stiles: What I said earlier. Bentley: What did you say earlier? Stiles: It's the same final plat that was approved by Council previously. They've taken out four of the lots because there's a little problem with the easement on the Eight Mile Lateral that they need to get resolved before they can plat it. Bentley: You don't have any problems with it? Stiles: No. Bentley: Gary? Smith: Ther.e's no problem with the plat, Councilman. It's just like Shari said. IYs the same as what came through before short four lots. Thank you. Bentley: I have nothing further. Bird: 1 have nothing. Corrie: I'II entertain a motion for the final plat. Bentley: 1 move the City of Meridian approve the final plat for Haven Cove No. 7(41 lots) north of Pine and east of Ten Mile Road. Bird: Second it. Corrie: Okay motion made to accept the final plat of Haven Cove No. 7 Subdivision. Any further discussion? All those in favor of the mofion say aye. MOTION CARRIED: All ayes. i • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 23 ITEM NO. 12: FINAL PLAT FOR GEMTONE #3 SUBDIVISION (4 LOTS) BY CROSSROADS BUSINESS CENTER LLC WEST OF EAGLE AND NORTH OF W. PINE: Corrie: Any discussions? Council, is the developer here. He's right here in case we have any questions ftom him. Do you want to say something? EIg: Just a couple of quick questions. On general comments number one. As you'll note in our comment sheet, we tried to contact Nampa Meridian and Settler Irrigation District and both of them claim that the ditch that is in question isn't in their jurisdiction, so we don't know - you know it's requesting that we get a letter of approval from them so we would ask that you waive that requirement. That if we can't get an approval tetter from one of them that as it's stated here, thecefore we request this be amended to not include further approval from the owner of the ditch since the owner cannot be idenfified. The ditch will be tiled for Meridian ordinance. Smith: Mr. Mayor, Councilmen, I don't know. Sometimes we have a lateral users association just down stream users of the ditch that have to be contacted, and we've had happen in the past where it's not a district ditch or either Settlers or Nampa Meridian, but somebody is responsible down stream for that ditch or getting the water through the ditch. So, that's what we would ask, and we've had to in some cases developers have had to go knocking on doors down stream and find somebody that has an interest in the water flowing through that ditch, and we just ask that those users are aware of the plan to pipe the ditch, what the plan is, so that they can voice any concerns they may have at that time. Elg: We don't have to get a letter of approval from them necessarily? Instead of - Smith: Yes. That's what we are asking is that if you find somebody down stream that - in fact, we've had developers that have had to send certified letters out to these people to get them to respond or not. You know, we need to make - you need to make an effort to contact those people. EIg: And that was my question because some of them may not respond. Smith: Right, and if you send - Elg: (inaudible) Smith: Correct. Right. Thank you. Elg: Number three, I briefly discussed this with Bruce Freckleton. In commercial developments typically the landscaping for these projects is in the front, and as you can • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 24 see in the conditions, ten p.ercent of fhe open space or ten percent of the (inaudible) requires to be a landscape. Stan and I were talking and I believe the ordinance requires that the pressurized irrigation be in the rear of the lot, located in the rear of the lot septic. Is that the case, Gary? Smith: Mayor, Council, Van, we've tried to separate the pressure irrigation from the domestic water so that we don't have somebody tapping into a pressurized irrigation line for some kind of domestic water use. And so yes, the answer to your question is we've to keep those systems in the back. Elg: I guess the only thing that I would ask or at least try to consider is that maybe in this case of Gemtone, I believe that there's a 20 foot separation from parking anyway. So there maybe room for an additional easement beyond the utilities easement in the front of the lots, so we could put the pressurized irrigation in the frpnt and not have to run it to the back and then back up to the front again around all of these lots. (Inaudible) Smith: We can certainly look at fhat. I don't have a comment. Elg: That's something we can work out with staff, that's fine. We just wanted to make sure that (inaudible) so they weren't bound by something (inaudible). That's all I had. Corrie: Any further comments on that with Gary? Smith: Just one comrnent Mr. Mayor and Council and Van. I guess my staff, Bruce Freckleton, is a little bit concerned about getting some kind of commifiment as far as the pressurized irrigation system is concerned. I think fhere's been a lot of discussion as to possibilities. Gemtone No. 1, which t believe consists of Bluecross facility. They have their own system that they are operating out of their pond area. Gemtone #2 I don't think has a system yet. That's just to the west of Bluecross and now Gemtone #3, and we've talked about individual subsurfaee wells, shallow wells, that would serve an individual per lot system, and I understand the problem that the developer has in supplying a system because they don't know how their land is going to be sold in terms of size of 1ots, or number of lots. So it does create a little bit of a prbblem for them to design a system. But we're getting down to the final plat, and that was one of the cornrnents that the engineer for the project mentioned is that this condition would be addressed prior to the final plat signature. And we're getting pretty close to that time, so we really need to get this nailed down as number one, whether it's going to be a district system or not. And just exactly what that system is going to be. Elg: Gary, I do know the bonding is in place and I think it expires in June for pressure irrigation and streetlights for this project. It is a little difficult as you and I have discussed in trying to come up with a way and so Council understands the way that this • ~ MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, t998 PAGE 25 subdivision was platted, it was platted with a number of small narrow lots that could be purchased in block so that a large corporation or company could come in and purchase "x" number of lots and develop on them. If we were to put in the pressure irrigation right now with it being required to locate it in the rear of the lots, then somebody could easily come in - if they wanted to buy back lots, we'd have to reroute the pressure irrigation because we'd have to (inaudible) top. It causes some difficulties because of that situation, so they've had a buyer out here in Gemtone, but apparently Bluecross has some say in what happens out there according to their agreement with the developer and Bluecross is not happy with the type of pcoject that was going to come out there, so they quickly pulled the deal supporting Bluecross people. And so they are looking for good buyers and they also want to save their - not build a system that is not going to serve them or that's going to be excessive that they are going to have to change later on. So that's the point (inaudible) in doing it this way. And that's why I say if we can route it around the front, that might help sirnplify the problem also. We still get into the problem though of having to put individual services to each lot. If you don't know how many lots each owner is going to buy, you have to put in individual services to each lot, and that's excessive too perhaps. So what may end of happening Gary is understanding that this has to be done before final plat signature, we may request an extension up and to the time of this plat approval - I think we have a year to record the plat. If we request an extension of that bond amount up and to the expiration date of this plat. That's something that I guess we've discussed briefly. But I don't quite know where to go from here before the hearing, the last time you and I talked, there was a buyer for the site, and so we were planning on proceeding forward with some sort of irrigation system. At this point the buyer has - I've said the deal has been killed, and that was kind of what was spurring this plat along also. (Inaudible) But in any event we rnay end up having to request an extension of fhat bonding amount to coincide with the expiration date of this phase three plat and see what we can work out between here and there. Smith: I guess I don't have a problem with that for the pressurized irrigation as long as we keep track of it, and as long as we can track this thing and we know that we are not going to lose it. I'd sure like to see the streetlights go in though. Elg: You talked to Tom about this, and the bond amount includes streetlights for the Treasure Valley project also. Not just this one, which Tom ag~eed, I guess the bond lapsed or something in the past. I don't know what happened. But in any event he agreed to include the streetlights of Treasure Valley in this bond for the Gemtone project. The problem is there aren't any transformers to put - it's going to be extremely expensive to put in streetli:ghts right now. Bruce suggested that we put in some sort of a conduit, run it through Treasure Valley and through Gemtone and maybe run the wires at that point, connect as needed. That might be a reasonable option. We'll investigate that. (Inaudible) • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 26 Smith: Okay, thank you. Corrie: Thank you. Any questions? Bird: I have none. Corrie: Any further comments or questions of staff? Okay. . Bentley: I have a question for Gary. Everything else is in order this Gary? Smith: Yes, I believe so. Bentley: So what we are looking at is appcoval with conditions set forth and the working out bf the irrigation and the streetlights? Smith: Yes, I think the irrigation is the biggest issue, Councilman Benfley. I don't think that the tiling of that one ditch and the approval of the down stream users is a big issue as tong as they make the effort to contact the down stream users and try to get a response from them. The irrigation system for the subdivision, I think that the approval definitely needs to be conditioned on the resolution of that part of the development plan. Bentley: The irrigation. Smith: Yes. Bentley: Thank you. Smith: I know it's a tough question, but there needs to be a decision made on it to move forward with a plat signature. ~ Bentley: So possibly with some time and extension if he needs be, then if we could possibly get it worked through. Smith: Yes. I don't particularly want to encumber the developer with the responsibility of putting in.,a system that will change or have to be changed after the property is sold. But on the other hand, I don't want the property to be sold. I don't think the City wants the property to be sold without the irrigafion system. Corrie: Any further discussion? I will entertain a motion on the final plat. Bentley: Mr. Mayor, I move that we approve the final ptat for Gemtone #3 (49 lots) west of Eagle and north of W. Pine subject to completion of the staff comments and • . MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 27 requirements and resolving of the irrigation issues and the attempt to contact the ditch owners of that down stream ditch. Bird: I'll second that. Corrie: Motion is made by Mr. Bentley and second by Mr. Bird on the motion as stated. Is there any further comments? Hearing none, all in favor of the final plat of Gemtone #3 Subdivision, say aye. MOTfON CARRIED: All ayes. ITEM NO. 13: FINAL PLAT FOR ELVIRA SUBDIVISION (49 LOTS ) BY RON CROW: EAST OF EAST 5T" STREET AND NORTH OF EAST CARLTON: Corrie: Is Mr. Crow here this evening? Yes, or the engineer, I'm sorry. Stanfield: Scott Stanfield with JUB Engineers. First I would like to apologize for not getting a letter of response to city staff comments. For some reason or another l didn't get a copy of the comments until this afternoon, but I did have time to look it over and if it please the council I would like to taKe a brief moment to touch on four on those. Fir.st is we agree with al{ of the comments with clarifications and exceptions to a total of four of them. First one is the site specific comment number two in that we are required to construct a six foot high perimeter fence on - my question would be does that pertain to areas where an existing fence is already in place. Bentley: I didn't hear your head shake. Stiles: If there is an existing fence that's built, we don't require you to build another fence. This was kind of a generia comment, but the perimeter fencing, we have made exceptions wherever there's adjacent residential developments. Stanfield: That's fine. Site specific comment number three, if you read along in your copy the third to the last sentence states a minimum of five feet from top of bank shall be allowed on the western bank of Five Mile Creek. That would be for the rear lot lines. Right now we show two to three feet beyond the top of bank that rear lot line. And that came about because Nampa Meridian Irrigation District requested that we shorten that distance down to finro to three feet to decrease their maintenance responsibilities. Bentley: Oh, they never cease to amaze me. Stanfield: We do have on the eastern side is the easement (inaudible) so we are (inaudible) • • MERIDIAN CITY COUNGIL REGULAR MEETING APRIL 7, 1998 PAGE 28 Bentley: Mr. Mayor; I have a question on this. So they move their lot line to three feet so they don't have to maintain it. They decide tb put a fence up on that lot line. Now are we going to hear from Nampa Meridian on this, just as bad as we're wrestling with them over on Cherry Lane? Corrie: Good question. Bentley: Nobody wants jump on that one, huh? Smith: Mr. Mayor and Councilmen, I assume that they are going to have to have an encroachment agreement. Stanfield: We are working on the license agreement. Smith: So the license agreement will specify, I assume will specify, that type of language if they agree to that two to three foot from the edge of bank. That would be part of their license agreement. They would sign off on that. If there isn't a maintenance access road for File Mile Creek, Five Mile drain on the other side, then I don't the irrigation district is particularly interested in both side. They would just as soon have someone else take care of it. So I don't think they'll have a problem in signing off on that as a license agreement. Benfley: Okay, thank you. Stanfield: (Inaudible) Two more quick comments. Site specific number seven states provide five foot sidewalks and pedestrian walkways in accordance with City Ordinance. Again it says including lots 30 and 34 of Block 1. These lots weren't intended to be (inaudible). The current city policy requires that we provide a 20 foot wide access for the city to maintain access to the sewer line. Consequently we are going to pave the entire 20 foot width of (inaudible). The next comment, the last one site specific number eight, the very last sentence makes reference to keep the sewec lines on the south and west sides of the centerline. I just want to make sure this does not pertain to the existing north south sewer line that runs through the property because of the existing topography at Five Mile Creek and the required lot depths. North Cabbage Street, the existing sewer ends up on the east side of (inaudible) water on the west side. When we go to the north half of the development putfing the sewer line along that and (inaudible) Bentley: Can I have a comment from Gary on that? Corrie: Okay. 1 also wanted on number seven from Shari, but go ahead. Smith: Mr. Mayor and Council members, I don't think I'm totally knowledgeable on what conversations may have taken place between my staff and JUB Engineers. I'm sure • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 29 that it's been discussed. And I understand the situation with the sewer. It's there, and it's - the corridors have been flip-flopped between sewer and water in this particular case. We did have a similar situation in Dakota Ridge out at Ustick - it is the Ashenbrenner property, and we had an area in there where we had a similar situation. The layout of the subdivision required the sewer to be on the opposite side of the street where it should be and the sewer was already there. Bentley: So we're not asking him to move the sewer. Smith: No, sir. Bentley: And everything is fine the way it is. Smith: Yeah, 1 think we c~n live with it. Corrie: Let's back up just one for my edification. Shari, what about item number seven and the sidewalk. Stiles: If they want to pave that entire area, that's fine with me. I would like to maintain the access between the subdivisions. The lot 30, that area, it does continue over into Danbury Fair Subdivision and will provide a good' interconnection befinreen those neighbofioods. They'll need to put some ballards up there to keep the cars out, but if they want to pave the entire 20 feet, that's fine with me. ~ Stanfield: Lastly this development is going to be renamed Sterling Creek Subdivision. (Inaudible) That's it, unless you have any questions. Again I apologize for the written cornments, but we will (inaudible). Corrie: Any further questions? Bentley: I have one of Shari. She looked like she was reaching for the microphone. The question I have is on having not received the written comments. Stiles: I would like to get the written response to this. We also need to receive the CC&R's. We haven't draft of those yet. And 1 would kind of like to go back to item number three. In the preliminary plat we also expressed that we didn't want the encroachment on the east side of that easement so that the full width would be maintained for the possible future pathway. It's was a little difficult for us to tell because of the ~change in scale from the preliminary to the final where those contour lines would end' up. But if they get the encroachment agreement, I was wondering why Nampa Meridian wouldn't also allow utilities to be placed within the immediate ten feet adjacent to the back lot line. Because this is going to be very difficult to follow because people are going to say, well, you've gof a 15 foot rear setback, and they would in fact be • . MERIDIAN CITY COUNCIL REGULAR MEEl'ING APRIL 7, 1998 PAGE 30 building on top of those utility lines. That's going to be real hard for us to track. And particularly if there's not any special setback requirement shown on this plat. Stanfield: If I can add now, we are going to concur with everything on this list that Shari's mentioned. We are (inaudible) that area so there is no conflict with the setback. (Inaudible) Stiles: Is there any possibility that if you get the encroachment agreement, they will also let pwt the utilities in there? Or is BOR involved in this? Standfield: BOR is not yet. We haven't heard from them. Something we can definitely look at. Stiles: I think it would be a lot easier down the road because a lot of times, people will just call and say what are the setbacks and you tell them and then they go build a shed, you. know, pour concrete slab or somethirig without a lot of times even getting a building permit. Standfield: (Inaudible) Stiles: Thanks. Corrie: Shari, would you be more comfortable holding this for one more councif ineeting since we don't have the CC&R's and the answers or does it meet your agreement there? Stiles: I guess since it is a final plat, I would be more comfprtable seeing wfiat the final is really going to look like. Stanfield: (Inaudible). Corrie: Those are the four that bother me particularly number three. The minimum of five feet, three feet. I don't know whether Shari's comfortable with that or not. Standfield: (Inaudible) Corrie: It's up to Council. Bird: I'd like - when did you receive these? Stanfield: 1 could not find a copy in our office and then this aftemoon I called Mr. Freckleton and left the message and he was kind enough to fax (inaudible). But to say whether we received them or not, I don't know. • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 31 Corrie: Any further questions? Okay. Bentley: I'm still like you. I just don't know what to think of this, giving up two more feet back there. I mean it's nice to give it to somebody. I still have a problem with falling in line with the irrigation company. Shari, you don't see a problem on that? Stiles: With going from five feet to two or three feet? The reason we put the #ive foot requirement is that's what we are putting in the new ditch ordinance. We've had some problems in town with the slopes eroding and fences literally falling off into the drainages and the creeks. 1'm afraid with only finro feet instead of having five feet, that somebody might actually be able to. walk down there and actually maintain it. It's going to be two feet that's going to 6e impossible for anybody to do anything. So that's why we asked for the five feet. Bentley: Thank you. Bird: Shari, do you feel comfortable or do you want hold it down for the next meeting? Stiles: I guess I don't feel entirely comfortable with it at this point. Pd like to know how soon that encroachment agreement is scheduled to be acted on by Nampa Meridian, whether fhe Bureau of Reclamation is actually involved in this. 1 would fike to see some of the changes actually ineorporated on this, some of the major ones, and maybe even some kind of an overlay provided to just show where the actual contra lines are on this plat because i# is hard to tell from the preliminary to this where those contra lines falls. Bird: Shari, 1'd also'like to know when we sent these, whether we faxed them, how they were sent to their office when they done. Stiles: They were completed on - Bird: They were completed on March 31 gt, but when did they go to them? Stiles: It was my understanding that they were faxed that day, but - Bird: By whose machine? Stiles: Public Works Department. Bird: Do you have a recording on that Gary that can tell us? Stiles: I think fhere is a monthly periodic printout that comes out. I don't know if Bruce had a cor~firmation that he kept in the file. • • MERIDIAN CITY COUNGIL REGULAR MEETING APRIL 7, 1998 PAGE 32 Bird: I'd just like to know for myself. It don't have any determinafion on how I vote tonight, but I'd like to know for myself. Stiles: Is it possible Gary Lee had them? Stanfield: (Inaudible) Bird: I'm done. Thank you. Bentley: Mr. Mayor, I too have some concerns with some of the missing items here. I would make a motion we table this to 4/21, and hopefully be able to get #he CC&R's and some of the other - and the written response to the staff comments to them and get this situation done with the irrigation. Bird: I'll second that. Corrie: Motion made by Mr. Bentley.and second by Mr. Bird that we table item number 13 of the final plat for Elvira or Sterling Creek possible okay until 4/21 /98, next meeting. Any further discussion? All those in favor of the motion, say aye. MOT10N CARRIED: All ayes. ITEM NO. 14: REQUEST fOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK - 3175 N. TEN MILE ROAD: Corrie: Would you like - is she here? I was apologizing to somebody else. Okay, Council the letter I guess is request to hookup to sewer. Have they tatked to you, Gary? Smith: No, they haven't. They didn't talk to me specifically about it. We did stub a service line to the property along the south side of the well lot number 19 when the Englewood Greek was constructed to provide service at some future time if they required it. Corrie: Does that require a water hookup along the sewer or can we just give them sewer? How do we know how much water they use? Smith: Well, in the past, it's kind of been a council decision as to whether you require them to connect the water at the same time or not. There is water available in Ten Mile Road. If they aren't connected to water, then what we've done in the past is just assessed them a flat rate per month for the sewer use based on a single family residence in the area. . • MERIDIRN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 33 Corrie: Council, any questions? Bentley: Yeah, I wish they would be here tonight. I'd sort of like to ask them the fine question we ask everybody. Are they planning on annexing or what are they planning on doing here? Corrie: Shari, have you had comments with her? Stiles: There are two homes located on that lot. t don't know if you are familiar Bernie Jestrabek that does the sculptures. She lives in a house back behind the main house. And I don't know if this request is for both of them or just one, and I don't know if they share a septic or what the particulars are of that. Bird: Is this the old Gray place out there on the corner. There is two (inaudible). Corrie: We probably need more information from them. Bentley: Mr. Mayor, I would sure feel comfortable if we had some more from them, possibly have them come talk to us at the next meeting. Bird: I would like to see them hook up water with the sewer. Corrie: I will take that as an entertainment for a motion to table and have them contact us and come next meeting. Bentley: So moved. Bird: Second. Corrie: Motion is made by Mr. Bentley second by Mr. Bird that we table this to the meeting of April 21, 1998 and ask that they come to that meeting and explain what they really want. Any further comment? All those in favor of the motion, say aye. MOTION CARRIED: All ayes. Corrie: Shari, would you contact them and tell them that we would like to talk to them? Thank you. ~ ITEM NO. 15: REQUEST TO CONNECT TO UNITED WATER BY FRIENDSHIP CELEBRATION - SOUTH OF CHINDEN ROAD BETWEEN LOCUST GROVE AND MERI:DIAN ROAD: • • MERIpIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 34 Corrie: There you are. Thank you for staying so late here. Would you like to come up please. Houst: My name is Tom Houst. I'm the pastor for the Friendship Celebrafion, and I have given a let'ter to the Mayor and to the Gity ~Engineer, and I don't know if the Council have seen that letter. I just would ask if you have any quesfions for us as far as this request. We talked to (inaudible) and we do not have the volume of water on the -property in case there would be a fire, and the eventually we build the church and probably begin a pre-school as soon as we would go through planning and zoning. So basically we are asking for a variance of connecting with United Water until we Meridian Water District would provide water to that property. Corrie: Any questions af Mr. Houst? They would have to bore underneath would they to get under there? Okay. Houst: (Inaudible) and I ttiink we are a quarter mile away, so it would be very spendy to do it this way, but a couple of options that there are, it seems to be the best (inaudible). C_orrie: But you prefer to hook on to their water at this point? Houst: (Inaudible) Bentley: I have a question for staff, but I don't see Gary. Houst: (Inaudible). ~ Stiles: To make sure there's not an emergency situation out there. Bentley: Then I'll ask the counselor and Mr. Mayor, anybody. I don't recall one of these requests before. Can anybody tell me if we'd had one before? Corrie: Not of this nature, no. He does need water - the fire marshal to take care of his fire flow, and is this also your domestic water too? No? Houst: Probably not. All we are going to do is put in a fire hydrant. We to be able to produce 1500 gallons per minutes for finro hours. That's a lot of water. That wpuld mean a very sizable well or a sizable pump. I think probably you are aware of the LDS church they (inaudible). ~ Corrie: This would be a fire plug only to hook up to and have water I guess. Not drinking water. Bird: When do you plan on building out there? I mean is it in the near future or - • • MERIDIAN CITY COUNCIL REGIlLAR MEETING APRIL 7, 1998 PAGE 35 Houst: I would hope in the next two three years that we would build the building and that there is a house on the property and we would go through Ada County Planning and Zoning to begin (inaudible) as soon as possible. Skip Voss has gone through the house, and he's told us #he various things that we would need to do to get that house approved by the fire marshal or the preschool, but Ada County Building Department atso (inaudible). Bird: And you are stiN lacking water pressure with just putting using the house as a preschool. What I'm trying to get is the existing house - Houst: Has a well. Bird: Has a well, but there is still not enough to - Houst: Not to that point. Bird: I was thinking in maybe two or three years, we'd have our system out that way, but if you were building - as long as the house would - the existing would be su~cient for just the house. Houst: How close is Meridian Water District (inaudible) two miles. Bird: You're probably just about approximately right. We're on Meridian Ustick and ~I believe - of course the new well going in out there on the corner of Meridian and Ustick. I don't know if we're a half mile up from there or not, but we're right about that area, so which basically we would be about two miles from, and United Water is right across the street there in Branbury and down that way. Eagle and the United Water. Houst: (Inaudible) Bentley: Mr. Mayor, can we table this for - here he comes, never mind. Corrie: Mr. Smith, Mr. Bentley has a question for you. Bentley: This is concerning Friendship Celebration Church talking about hooking up to United Water for the purpose of a fire hydrant. Your thoughts? Smith: Well, I think that as far as their needs are concerned, we are not there and won't be there for quite some time. 1 guess the only thing that 1 talked to the Mayor about when the pastor's request came in to me was the stipulation that the church would connect to the City of Meridian if and when we were there. And 1 guess thaYs one of the ~ ~ MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 19$8 PAGE 36 things to consider here. I guess it gets back into the impact area thing again, and we want to maintain that boundary line, but we can't serve their needs at this time. Bentley: So do you have a problem with it? Smith: No, I don't as long as, and I concur with the Mayor's thought that they would maintain the or there would a responsibility for them to connect to city water, City of Meridian water at such time that the water was available. Corrie: And I believe Tom's agreed to that. Bird: Gary, how long do you project? I mean we know we got to be out there within nine years. Smifh: Well, yes. I really don't know how to answer that, Councilman Bird. We're going to have to head that way with the sewer system. We've already run into one instance where there's a private water system that wants to service a subdivision that we are going to try and get to with sewer. There is a big question once a subdivision or once a development connects to another water system, and the City of Meridian shows up and requires them to connect, then atl of the costs that they may have paid to the other water system has to be paid again to the City of Meridian to connect, so that's a question that needs to be answered somehow as far as a double assessment to a user. Bird: Also you've got fhe specifications, the right pipes, the right lines and everything coming in? Smith: ThaYs cocrect. Typically water companies will use an AWWA water pipe for example, and that's pretty much a standard water system. It wouldn't necessarily have to be that way, but it's pretty much standard among water companjes. But I guess I can't answer your question specifically on when we would be there. It's at least nine years away. Bentley: I hate to see somebody hung out to dry as far as (End of Tape) - the water company for the purpose only of having fire prevention, a fire hydrant there. And that upon the time that the City of Meridian is there that they hook up to City water. Bird: I'd second thaf. Corrie: Motion made and second the motion, -- Mr. Counselor, you had a question. Crookston: If the motion is approved, I think that it's mandatory that we have an agreement entered into that they will connect to the City of Meridian when the City of Meridian water becomes available, and that they are in our area of impact. The • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 37 question is to whether you want to be annexed or not at the time you become subsequent, you know, adjacent to the City of Meridian, but there definitely needs to be an agreement. Bird: I'II withdraw my second. , Bentley: Yes, I'd like to amend that motion to include a written agreement to be drafted and approved by Meridian Gity Attomey. Crookston: I think it should be approved by - it should be prepared by themselves. Bentley: Okay. I would agree to that to amend it to a written agreement prepared by them and approved by us. Bird: I'll second that. Corrie: Motion made and seconded on the amended motion. Any further discussion? Anderson: Mr. Mayor, I don't disagree with what you guys are doing, but in Councilman Bentley's motion, he specified. fhat the water could be used for fire protection, and I guess I have a liftle problem with that. If for some reason fheir well goes bad in the next nine years, it seems kind of silly if they've got water right there in the front yard for a fre hydrant, why they couldn't hook to that and use it for domestic water as well. Corrie: Withdraw the second and we'll go for another amended motion. Bentley: I'll just withdraw the whole motion and start over. Corrie: I think you are going to get what you want, but it's just gonna - Bentley: Mr. Mayor, I move that we allow Friendship Celebration Church to hook up to United Water with the stipulation that they provide a written agreernent with the City of Meridian to hook up to city water as soon as it's available. Bird: I will second that. Corrie: Motion made and seconded. Any further discussion? Hearing none, all those in favor of that motion say aye. MOTION CARRIED: AI1 ayes. Corrie: If we will get together and get that statement made, we'll be - ~ ~ MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 38 Houst: (inaudible). Smith: Mr. Mayor, I took the liberty to call the applicant for item number 14 to see if they had an emergency situation with that sewer connection. She was at home and I talked to her briefly. She said it's not an emergency and that she would be in attendance at the council meeting on the 21 St. And she will probably call city clerk to see where she might be on the agenda. They want to connect the big house. There are two~houses there as Shari mentioned. The little house is I think where she lives, the daughter lives. Most of the water usage is coming from the big house. That's what they want to connect and they don't want to connect to the water because they do have an artesian well there. And she says it's very good water. Bentley: Can I get her to hook it up to my house? I've got bricks coming out of mine. tTEM N0. 16: WATER/SEWERlTRASH DELINQUENCIES: Corrie: Is there anyone present who wish to contest their trash, sewer and trash delinquency? The amount of the turn off list is $34,529.44. Do I hear a motion? Bentley: Mr. Mayor, 1 move we approve the water delinquencies shut off list. Anderson: Second. Corrie: Mofion made by Mr. Benfley and second by Mr. Anderson that we approve the shut off list. Any further discussion? All those in favor say aye. MOTION CARRIED: All ayes. tTEM NO. 17: APPROVE BILLS: Bentley: Mr. Mayor I move we approve fhe bills. Bird: I second that. Corrie: Motion made by Mr. Bentley and second by Mr. Bird that we approve the bills. Any further discussion? All those in favor of the motion, say aye. MOTION CARRFED: All ayes. ITEM NO. 18: DEPARTMENT REPORTS: Smith: No report this evening Mr. Mayor. • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 39 Stiles: I only had one item. I did get a request from John Steel the sometime developer of Turtle Creek Subdivision for yet another extension. Their plat is now null and void, the final plat that was approved. At this point, I don't know what to tell them. They've had an extension. They've had a variance on the time requirements. They got another extension. Last time the Council basically said this is your drop dead date. He's just still trying to salvage something. The bank is involved. I have received an indication that there's another developer interested in the property. And I think that's Mr. SteePs attempt to somehow keep it alive so he doesn't lose everything. But at this point with that many extensions I don't know what to tell them. Bentley: I think they made it very clear fhe last time that this was it, and I'm going to stand on that. Corrie: Do I hear anymore comments from Council? Bird: I agree with Glen. Anderson: No comment. Corrie: Does that give you direction for him, since it wasn't a direct request to the Council? Sfiiles; Thank you. I did have one other item. Scott Gull at Gull Pest Control now wants to lease his property out to an asphalt maintenance company. He had made the - apparently there had been an agreement some time ago that once the water was available at Linder and franklin, he would extend that water so he at ieast had a hydrant at his site. It's never been done. I think he has a little conversation with Gary. He's waiting for the City to foot the entire bill to extend the water line to his property. I indicated to him that he would need a certificate of zoning compliance which would involve his parking lot and driveway and also that in order to get a certificate of occupancy, he would be required to have the building inspector, myself and the fire marshal sign off on it, and that I didn't fhink it was tikely the fire marshal would sign off on it because of some of the chemicals that they use in their operation and the need to have water there. So it's my understanding, they've already moved in. But I just wanted to make sure that I had some back up from the Council as far as saying, yes you do have to meet the ordinance requirements that are in effect today, and you do need to have water on the site prior to being a legal operating business there. Corrie: I understand you say they moved in already? Stiles: Yes, I was told that they had. The fire marshal is concerned about some of the materials they may have out there. He's asked for material data sheets. I don't think any have been provided. You never know if there is a fire out there, they have no way • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, t998 PAGE 40 to fight it, and then fhey don't have any idea what it is they are fighting once they get there. Bentley: It sounds like a job for a code enforcement o~cer. I definitely say no they shouldn't be there, and they have to put the water in. That was what the agreement was. Corrie: Do we need a letter from the attorney? Stiles: That would certainly help. Corrie: I can't Scott would do that. It looks like we better get an attomey's letter to him right quick. Bentley: 1 would move that the City Attorney be in contact with these people and tell them they are operating illegally and whatever else needs to be addressed in that letter. Have him get with Shari. Bird: I'll second that. Corrie: Mofion made by Mr. Benfley and second by Mr. Bird on the motion that was stated. Are there any discussion? Hearing none, all those in favor of that motion, say aye. MOTION CARRIED: All ayes. Crookston: I will do that. Stiles: As far as the code enforcement officer, I'm still looking. Is there any discussion as to changes that might happen that would affect that position? The list gets longer and longer as what the code enforcement officer is supposed to be responsible. I would like to get a little more definition on what the building official is going to do as far as holding up his end of the bargain on enfoccing occupancies which is included in the Uniform Building Code. I wondered if there might also be a possibility to get any back up from the fire department ~as far as w~ed control. People aren't necessarily worried about what fhe weeds look like. What their main concem is the fires, and they've started - the complaints have started in January about weeds. So I understood that the fire department used to take care of that. 1 mean if they need something as far as a form letter to be sent out, and there's something they could do to follow up or right now code enforcement doesn't mean a whole lot because there's no teeth in it. What we have been doing on the weeds, if we send them certified letters, there's a tremendous amount of time involved in a single site. We have no enforcement as far as writing a ticket. What we end up doing in the really bad cases is contracting out the work, having • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 41 it done and then hoping that City Hall follows through and puts a lien on the property to recoup those costs at some date, 6ut I'm not sure how that's been working, but we haven't been left with any choice but just to go out and do it ourselves. Maybe the Park Department would like to do that wifh their new tractor. Corrie: Before we get too far off the subject. Do you want to share that with us Glen? What she's asking at this time? Bentley: I didn't realize we needed an in depth study on what I was going to bring up under my turn was the fact that she needs a decision as to where these code enfiorcement officers are going to reside. There was some earlier talk of moving it back to the police department, and she needs some direction so she can get these people hired as to where it's going to be. Whether it's going to be under P& Z and my opinion and Councilman Rountree, I talked to him before he left. His opinion too is basically is going to be dealing with the Planning and Zoning issues and it should remain as a branch of planning and zoning, but I don't know what the other two councilmen's feelings are on that. Corrie: You didn't ask me but I agree with you. Bird: I agree a hundred percent. I think she needs to get it going. But t also believe that we got enough - that the fire department can certainly take care of the weeds. They can go do the training on buming if they have to and put the - and make sure we do get liens if we are doing it, filed. I don't know whose responsibility that is. But whoever it is, let's take care of it. As a department head of planning and zoning over these people, you shoutd see that it does get taken care of, but I don't see any reason ~the fire department can't do the weeds enforcement. I believe there's time, and I think that Ron will decide that with me too. Anderson: Put me in the hot seat. I agree that it should be done through the P& Z department. I would disagree on the fire department actually going out and burning weeds. Numerous cases been cited all around the country of all it take is one little ember left when you rolF up your hose and go back and it burns somebody's building down. The City of Meridian would be buying a new building for those #olks. What we've done in Nampa is weeds are taken care of by mowing instead of by burning, and the city code enforcement officer has the full authority to authorize that to be done. They asked the home owners or the property owner to take care of it. If it's not done, then it's contracted out and then a lien put against the property, and that's how I would recommend handling the weeds. Corrie: Earlier we tried that with the fire department. It didn't work, you're right. And it needs to be mowed rather than burned. • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 42 Bentley: One more add to that. Shari t think what you need to do if you would and maybe have it ready for the planning session is to what you deem is necessary for that job position. Not only in job description as to what fhe person is going to do, what the person needs for support, either be a good supply of ticket books and ordinances to uphold that job. You are saying it doesn't have teeth, and you and I have this discussion before. We need to get the teeth in there to make it work and to make people understand that if you don't have you permits in place, you are going to be fined according to the state code. Let's get the ordinance put together and if you need some help with it, let one of us know, and let's put it together and make it work. You know we ~have this trouble with I don't know what to do next and how to get this stuff done, and you've got the expertise and where the violations are lying. Give us some direction and we'll help put it together for you. Stiles: Well, I know Dean was busy all the time, but he would spend literally weeks, possibly months on a single issue. Bentley: Right and how can we shorten up the time span. You know that's the thing we need to do. We need to improve on all this stuff so - we're trying to shorten everything up. And we need some help with it, and of course some of this is going to be tied to legal as to what we can legally do. Some of it is tied to legally you have to give them "x" number of days. But we need to craft everything around that, and just shorten it up as tight as we can get it. And fine them to the max. Stiles: I think the main issue is that you've got to be able to issue citation. Bentley: And I don't have a problem with it. Stiles: You know we've got the rabbit problem over on Chateau that's been going on for years, literally years, and those people have swffered through that every summer. They are already dealing with the flies and the stench. The papers were filed May of last year, and she's going to court finally this Friday. Bentley: Would the pot belly pigs over there help? Stiles: Only if they eat rabbit poop. Bentley: Thank you. Corrie: I know I went out of order there, but Chief, do you have anything? Gordon: Mr. Mayor and Council, I would tike to thank the Council for fhe suppoR on those ordinances this evening. I realize it was short notice, but I only found out about the additional four liquor licenses last week. I'm a little concerned that when they do ~ • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 43 bring our population up to what it is now, what we estirnated as, probably make us eligible for another six to eight licenses, so this will be a good start in controlling some of the problerns and hopefully we can stay away from the pit falls that Caldwell and Boise are suffering through. Thanks again. Kuntz: I'd like to be moved in front of Shari $tiles at the next meeting for department . reports. You should have in your packet a memo requesting authorization to purchase a small utility tractor through a four year municipal lease in lieu of renting. The conclusion at that last page of the lease is that we received fwo quotes with Idaho Tractor of Nampa being the low quote. The other quofe was received from Burke's Tractor of Nampa. Bentley: Does this come with a trailer'? Kuntz: No, sir, we have a small trailer. Bentley: You have one already. Corrie: What's the cost of that tractor? Do you want to lease it or buy it? Kuntz: We want to purchase it through a lease program. And the financial information is all on the second page of the memo. Anderson: In your first paragraph there, you state that you had $4,000 budgeted and we're half way through the budget year for rental of a tractor. How much of that has been spent so far renting a tractor? Kuntz: None at this point because our busy season really starts within the next thirty days. Anderson: So if we applied that same money to this lease/purchase, we wouldn't have to come up with any additional funding? ~ Kuntz: Correct. We would stay within that budget line for this year. Bird: Tom, you really feel comfortable with this size of tractor is going to do everything you want it to do or need it to do wi#hin the parks? Kuntz: We've been demoing the tractor for the last couple of weeks, and because we had that question too, we wanted to make sure we got the appropriate size. The staff feels like it is appropriate for the items that we want to do with the existing acreage and Tully Park coming on line this year. • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 44 Bird: Tom is there - I realize we can't afford it this fiscal year, but in the next fiscal year we could buy this out - are there any savings to us to buy out the lease contract to purchase it? Kuntz: On the second page you notice that if we run the payments out over the life of the four year lease, we will paying approximately $3,200 in interest. So depending on when we were to decide to pay that off, there would be a savings of part of that $3,200. Bird: I see it is without penalty. Kuntz: Yes, correct. Bird: Good. I'd be willing to lease it this year and then next fiscal year, let's get it bought. That would be my preference. Corrie: Further discussion? Bird: I rnake a motion that Mr. Kuntz proceeds through the Parks and Recreation Department on this lease/purchase agreement and have the Mayor sign and City Clerk attest. Anderson: Second. Corrie: Motion made by Mr. Bird and second by Mr. Anderson that Mr. Kuntz do the lease/purchase this year and fhe Mayor to sign and the City Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Kuntz: lncluded in your packet should be memorandum in regards to allowing the Herb festival to be held in Storey Park of September of this year. And what I'm asking for is authorization to proceed with an agreement to allow them to host their festival in our park in September. Bird: Do the City Council do that? That's what we hired you for. I know what it is. I just want to find out for sure Tom, but I think that's something that we actually hired somebody Iike you to take care of things like this so that everything didn't have to come before the Council. Kuntz: Okay. I guess the one gray area is the fact that they will be selling goods in the park as part of fhe festival. You notice there are homemade goods related to the - Bird: That's what I was asking. • . MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 45 Corrie: You can do everything up to that point, then you have to approve. Bird: What do we have to do, waive a license, Mayor, or get a license or conditional use permit or what? Corrie: I there's an ordinance that says that they can't sell in the park? Isn't there? Kuntz: Well, there's an itinerant merchant permit application required by the City. I don't know how to answer that question. I guess I would rety on the City Attorney to say whether they can sell in the city parks or not. Crookston: Under the existing ordinances, you cannot sell on the street unless you have a permit. You can't sell in the park, you can't sell anymore unless you have a permit. Bentley: Qwestion I have for Counsel. Does that mean every booth needs a permit or a permit for the festival? Or is that our option? Crookston: I believe it's at your option. You could require a permit for each booth is you desired that or you could grant one for the entire festival. Bentley: Do we have a fee already set for that? Bird: That's what t was trying to get at for my own information. If we've got a fee set for fhat, that is something that we've already got the license and stuff, do they have to come before the city council to get that license or how is it worded? Kuntz: The itinerant merchant permit requires a rate of four percent of gross sales. And I guess the reason I'm bringing this before you tonight is I feel like the permit is cumbersome enough that will definitely restrict any :kind of festivals or groups wanting to come and use our park if they ar.e required to obtain this itinerant merchants permit in order to hold their festivals in our park. Bird: ~So what you are asking then Tom is to waive the permit? And how do we go about that? Kuntz: Correct. I'm asking for you to waive the itinerant merchants permit process in lieu of an agreement with the festival to be held in Storey Park. Bird: How do we go about doing that when we got a license and an ordinance? Crookston: You'd have to have a variance from applying that ordinance. . • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 46 Kuntz: I guess I'm hoping that the nature of this festival is such that it's different enough that it wouldn't require the itinerant merchant permit. Bird: Tom, they are selling something their booths, aren't they? Kuntz: Correct. Birfi: So our permit as Wayne just explained, our deal says that if you sell anyplace like that unless you are in a licensed building I understand then you have to get this permit. Am I wrong? Crookston: No, you are right. Bird: I think it's a great thing and I hope that we can continue this on a yearly basis, and I don't want to see them with every booth pick up one of these permits. But I want to waive it, but how do we do it? (Inaudible) come back two weeks from now and find out we are in a pickle and have to do something over. Anderson: I guess I need a little bit of clarification then on what requires a permit then because I'm just thinking back there's a lot of fhings that go on in the year, during the year throughout town. There's car washes at Cherry Plaza, the fire fighters do tlieir salmon feed. Wouldn't all those things require this same type of permit? They are selling a good. They are selling a meal. They're selling a service for the car wash. Crookston: They are on private property. Anderson: And it's okay if iYs on private property just not public. Crookston: But I think what actually needs to be done is we need to change that itinerant merchants ordinance. Bentley: The question I have is Tom have you checked with Boise and what they do when they have their Arts in the Parks and that sort of thing? Kuntz: They have a special events, I don't know if I want to calt them ordinance, and the Chief and I are working towards bringing an ordinance to you that would encompass this type of an event as well as the motorcycle rally. The problem is this group needs to know - they need to know this week. They needed to know last month whether we would allow them to host it because of the date not being available in the Botanical Garden where they held it last year. So, I don't think time allows that to happen, but we certainly want to get fhat type of thing in place so fhat we can have a~generic policy on how to do deal with these situations. The problem is I guess I view this a more of a . • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 47 special event than I would a sales thing because it's not commercial products that they are selling. They're hom~made products related to their industry. Corrie: How soon were you going to present that possible events ordinance to us? Kuntz: Oh, we're at least sixty days away. Bentley: What I think we ought to try and do and I understand what Tom wants to do. It's time we opened things up so that we can get some of the fhese repeat things, and maybe next year when they come back, we'd have something in place to say it will cost you "x" number bucks for booth to be in there and be done with it, because that's what Boise does. They charge for each booth that sets up and that takes care of all this stuff. I guess it would probably be appropriate to - we can't just waive it. Wayne says we have to have a variance. .How quickly can we do a variance. I mean do we have to have a written application from the applicant or can Tom do it, or where are we at? Crookston: In order to do a variance, you have to have an application for the variance, then there has to be a public hearing on it. Kuntz: They won't be interested in that process. The memo that you've got in front of you contains most of what would be included in an agreement. The reason we're going with a flat fee versus a per booth fee is because for them to pick up their liability insurance coverage which they don't normally have, it's going to be fairly costly to them. If we require a variance, they're going to go elsewhere. I guarantee you that now, which is okay too. I just don't feel like this request, this special event request, fits into the perimeters of the itinerant merchant permit application, and that's my reason fior coming to you with this cequest. Bird: I agree with you Tom. I don't want to lose this. We say we need a variance because - tell me if I'm wrong, why can't we waive this license for one event? Bentley: Because you can't waive an ordinance. Crookston: That's correct. Benttey: If everyone agrees with Tom's perception that this - does this thing apply as an itinerant use? Kuntz: I don't believe it does. But - Crookston: Mr. Mayor and Council, I'd have to take another look at the ordinance, and I'd also like to know exactly what they are going to do before I render a decision and render advice to the Council on that. ~ • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 48 Bentley: How quickly could you do that? Corrie: I don't fhink it's going to be quick enough for them. Bird: They've got to know tomorrow. They've got to get some plans in. We've got to make a decision one way or the other tonight and I don't want to lose these kind of groups. These are the types of groups that will help our community. They bring money into our community. They help our other businesses, and I don't want to see it not be here. It's like that motorcycle rally, great thing for our community. I don't know how to do it though. I mean, you know. Corrie: Is there a possibility on there your ordinance that you want to put out in thirty days, would it cover this and vote on it at that time with the understanding that the Council, the three of you, agree tha# they can do that with that ordinance? Give them that permission to do that? Crookston: I have not seen the proposed ordinance, so I can't tell you. Bird: Mayor, wouldn't they be actually throwing this event under this new ordinance? Corrie: That's correct. Bird: And we need a special events ordinance like these other cities have, Nampa, Caldwell, Boise, so that we can attract these kind of nice, clean shows to our valley or to our community. We hope to have some more park land developed one of these days where we can have more of these shows and draw people over here. So basically we can give an agreement and then we'd be - if we could get this other thing drawn up, they could be under that. Kuntz: I guess one option that we could consider tonight because we need to make a decision on this tonight and I have no problem going back to them and saying we're not going to allow it. But one option would be that we, the City, the Parks and Recreation Department co-sponsor this activity. Bird: Why can't through the Parks and Recreation Commission do it like they do the March for Parks. And they don't have to - Crookston: They are not selling anything in that. Bird: Wait a minute. We're raising money and we're selling, yes, we are. . Bentley: We're selling food. • • MERIDIAN CITY COUNCIL REGULAR MEETiNG APRIL 7, 1998 PAGE 49 Crookston: In March for Parks? Bird: No, that's giving away, plus that's on private property. Have them move up to the Dairy Show land. That way they don't have to worry about it. You know, walk across the boundary, you don't have to have a license, which is ridiculous. Kuntz: We're looking at the itinerant merchants, and it does require - it's required on private property also. It's not just public property. I guess the bottom line is does this special event require the itinerant merchant permit or not, and I'm hoping that you are saying that it doesn't require it for this special event, and that we give them the green light to move ahead with this. Corrie: If it's in conjunction with the Parks and Rec. Department, do they need it? Now we're asking some real tough questions here. Crookston: At this conjure, 1 would have to say yes. I just haven't looked at the ordinance. t understand what. the City would like to have done, but until I read that ordinance and get an idea as to what is going on, and what the ordinance requires, I'm not ready to render an opinion. Anderson: Do we sell any of these itinerant permits? Crookston: Yes, we have. Bird: But they are usually for sidewalk vendors, aren't they? Like the hot dog stand or something like that? Crookston: That and door to door. Bird: Door to door, yeah. Kuntz: And 1 guess the reason wliy I don't feet like this applies, this is one day event. And maybe that has no relevance to it. Bird: What does the itinerant thing say. Does it say for one day or does it have multi days? Crookston: You can get an itinerant merchants for sixty days I think. Up to sixty days. Bird: , Anybody for one day has to pick up that permit? What if they sell them for donations? • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 50 Bentley: Do we have any kind of a temporary permit? Corrie: No, I don't think so. Crookston: Not to my knowledge. Stiles: Does the shaved ice booth there at the pool, do they get an itinerant merchants license every year? Bird: No, they don't. They don't have to? Stiles: WFiat's the difference? Crookston: Well, for one thing it's not on city property. Stiles: It doesn't differentiate whether it's on city - if they are doing it out of a hotel roorn, it still applies. Bird: Wait a minute now, that is on public property because that ground was donated, it was given to the Western Ada Recreation by the Meridian Dairy Show. So that is public money ground. Now; it's not on our tax - Crookston: I don't think it makes any difference where you are selling the items. Bird: But how come they wouldn't have to have it? Corrie: Well, we definitely need a special festival ordinance. We know we got to get that, so you might as well present that to the Council. Bird: We need to find out for these people right tonight. Bentley: I move we approve the special event ordinance ,I have before me. It says you can charge a dollar if we want. Bird: I second that. Corrie: Before I recognize that, I don't want to get in trouble. One thing you can do if they had that - well you are taking a heck of a chance. Crookston: For the record, is that mofiion withdrawn? Bird: That motion is withdrawn. • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 51 Crookston: And the second. Corrie: Yeah, it wasn't recognized. 1 don't know what that ordinance says either. The special events ordinance - Kuntz: Well, the special events ordinance basically allows for a permit process which is about $35.00 and then it speaks towards the specifcs for the events. Trash, water, sewer, police, crowd control, music so forth and so on. It doesn't speak towards anything as far as the itinerant merchants policy. So it really it speaks towards selling of homemade wares, food, that type of thing. It speaks towards that. And it speaks towards the financial arrangements between the city and the special event. And I guess I've tried to address those things in that ordinance through an agreement to allow this festival to go on. If nothing else on a trial basis for one year, and I hate to see the City pass up the opportunity to attract this festival. I#'s small enough to where it's not going to have a great impact on our facility, but will allow us to venture into that area with very li#tle chance of major losses, because of the size of the event. Bird: Tom, if fhey have to get this license, what kind of a fee are we looking at? Kuntz: They have to post a$1,000 bond. They have to be fingerprinted. I could just tell you that this itinerant merchants pe~mit application is burdensome to where they won't be interested. Bird: For a one day event they are not going to - Kuntz: No, I mean they've already to get a liability policy for the one day event. They understand the need for that, and they've been very good to work with. Anderson: Can I make a suggestion here that we give them a verbal tentative approval - this event isn't until September. In the meantime, you and the Chief put together a special event ordinance. I would think that before September we could pass a special event ordinance, and we give them a verbal tentative agreement, go ahead and do it. Corrie: You could do an ordinance very quickly. It doesn't require a public hearing. Correct Mr. Counselor? Crookston: No, an ordinance does not require a public hearing unless you have an increase in fees and things like that. Kuntz: The reason we needed to know now, was there are publications that go out nationwide regarding herbs, and they want to make sure that it's included in those publications. They don't want to lose that window of opportunity. ~ • MERIDIAN CI'fY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 52 Corrie: Do we put that in a. motion? Anderson: Does it need to be in a mofion? Corrie: Well, it doesn't need to be. I guess just - Bentley: We just need to light it up and get it done. Bird: We just got to stand behind our word. If we don't put in a motion, I'm like the Mayor. Either you put it in a motion or you stand behind your word. Crookston: I would recommend that you have a motion so that Tom can reflect to these people what has transpired. ~ Anderson: I will make a motion that Tom contact the He~b Festival and tell them that they have our tentative approval and that we will be passing a special events ordinance prior to their event. Bird: I wilt second that. Corrie: Motion is.made by Mr. Anderson and second by Mr. Bird. Any further discussion? All those in favor of that motion say aye. MOTION CARRIED: Alt ayes. Corrie: I would suggest that you get that to us as quickly as possible and we'll take it on from there. Kuntz: Thank you. Corrie: Anything else Tom? Kuntz: No, thank you. Corrie: Counselor? Crookston: I don't have anything to present to the Council tonight. Corrie: Mr. Bird. Bird: I don't have anything Mayor. Corrie: Mr. Bentley. • ~ MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 . PAGE 53 Bentley: Yes, I have a whole bunch. Tomorrow we have to report to ACHD on the lane striping for Franklin Road, Has everybody told the Mayor what they want to see? Corrie: One person has given his notification. It was Mr. Anderson. And he gave that to me with the striping and that also includes the bike lane. Bentley: Okay, I will give you mine. And I thought Charlie had said that he talked to you. My favor is 12 12 and 15 with no bikes lanes. Corrie: And Mr. Anderson, yours was with the bike lane. Anderson: And I guess if I could just argue my point for a second. I'm with you guys on the bike lanes, but I feel this road is already been constructed to those standards that it would accommodate the bike lanes and since it's already built to that, we might as well stripe it like what we did Cherry Lane from Ten Mile on out. It has the bike lanes just to maintain consistency within the community. Bird: Mr. Mayor I agree with Glen's thing. I don't want to see the bike lane. (inaudible) (End of Tape) Bentley: Next issue. As you know we are going to be redistricted to five districts. There's a couple of options that are coming up for the ACHD situation. Of course Mr. Richardson made it ve.ry well known that he doesn't want to see him and Miss Eastlake in the same district. I don't understand that. There's two lanes of thought here. One is to split Meridian down Cherry Lane and Fairview. That gives the possibility of having two representatives from Meridian. The other option is to where Meridian will have juts one possibility of a seat. There will be meetings conducted. They met with Boise City. They have to meet with us, so we need to be thinking of what we are tooking at. I have not seen the map. So I don't know wfiat it looks like on either proposal. So I'm waiting t see that because I want to see where the rest of them are coming from too. But as soon as you get a chance to see that, you need to be thinking on that. The population deal has got to be a ten percent within the rest of them. Charlie and the rest of us discussed a little bit about a mid year budget correction, and Wayne I have a question. Are we just allowed to do one budget correction a year or do we do more or what? The City has generally only done them at the end of the year, but you're not limited to my knowledge. I've not ever researched that, but Witl do you have a point? Berg: Yeah, I'm under the understanding that we can only make one amendment to tfie budget per year, and that doesn't mean that you can't look at it mid year and analyze where you are headed. • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 54 Bentley: Well, the point where we were looking at, we've got so many of these adjustments hanging fire. We were wondering if it wouldn't be best to make the adjustment, but if we can only make one adjustment, then I would think we'd want to wait until the end of the year to clean it all up at once. But can you check on that and find out for sure if that's the case? Berg: That doesn't mean you can't make line item adjustments. But as far as more money in and money out, thaYs the one time amendment. But 1'll check it. Bentley: New audit. We've got the three rough drafts. I think we need to get somebody on line immediately however we have to do this. I don't know what the formality is to get somebody on, get them reviewing the three audits, and have them start putting together '97 so we can get this thing closed out hopefully before the time for budget. They can be, like I said, going over the stuff currently, t'd Iike to see somebody that's big enough that when they get done doing the audits, that they maybe can sit down with Janice and her staff and offer some advice on how to get reports out that we need. Maybe we need sorne different software. Maybe we need to tie things together. Mr. Eberle briefly talked about making the computers work together. Seeing what we need to do so that when like an instance we had, we're questioning how much money was in the fire building fund, and she couldn't find it but yet it hidden in finro different budget years. But be able to pull this stuff together. So I think it's some help we need to look at. And I don't know what the formality is and how we get the selecting. Mr. Mayor do you knov~/? Corrie: I can suggest some companies or you can, some monitors, and then we wilt vote on which one you want. I don't have those wifh me. 1 apologize, I though I did, but I don't. I can have those by next meeting. I would suggest that each councilman give me an idea of who they would like to see. Bentley: I have no idea because I don't know. Bird: We have to ask - the thing with the GPA firm fhat I would recommend and we get a bid, and it's a total bid, because one fhing you need to watch out is that they come in and start nickel and diming you here as they go down the road. So it's a one time total bid. The first time around I believe we need to get somebody that is familiar with the municipality. And I second with Glen find somebody who can help us set up a good accounting system whether it takes more software or what it does, I would be all for that. Corrie: I will get that to you at the next meeting, have it. Bentley: The fire appraisal has come back. There's finro copies. Rural has got one and we have one. Mr. Anderson is going to pass it on down so we can review that. We also • • APRIL 7, PAGE 55 CITY COUNCIL REGULAR MEETING have a list of ordinances to be repealed. Has everybody looked these over because we need to get this mess cleaned up. You don't have the list? Chief, I asked you to look those over. Did you have any problems with them? Gordon: I looked up all the ordinances listed on this memorandum dated March 3, 1997. I don't have a problem with any of these being repealed. They are all old. Most of them are singular pages that deal with items of the forties and fifties, and it's a start. Bentley: ~ Mr. Crookston, how do we go about doing this? Crookston: I can prepare one ordinance that repeals them all simuttaneously. But we do have to have an ordinance to do it. ~ , Bentley: iWith that being the case, I would like to make one suggestion. When we come up Iwifih another group of these, would you send a copy of this over to the Chief, because a lot of these things he's involved with in enforcement and he may know whether or not they are totally clear as to whether they need to be repealed. Certainly. Bentley: The one question I had on this, the title one chapter ten, the depository. Is that supp~ose to be the bank? Or is - is that the old Jessie James days? I'd have to take a look at the ordinance again. Corrie: I would suggest that we also give fhis to all the department heads, and have them look at it for sure. I don't think that there's any problem with it. Bentley: What I'd like to do is I'd like to make a motion to have the City Attorney prepare an ordinance to repeat all these, have it prepared for the next meeting, and in the interim have the department heads review, and if there's any problem bring it to our attention at that meeting. This way if there's no problem, we can get this thing out and get it ove~ with. Since we've had it kicking around for a year. So with that, I'd make that motion. _- Bird: I'If second it. Corrie: Motion made by Mr. Bentley and second by Mr. Bird to have this circulated to the department heads and have the Attorney draw up the ordinance to cancel the titles and chapters here. Crookston: Excuse me, Mr. Mayor. Who is suppose to- get that list to the department heads? ~ • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 56 Corrie: I will. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: All ayes. Corrie: I see that they get those tomorrow morning. Bentley: One more item. It's coming close to the time where we are going to have to make a decision on the one way couplet. F know we have two new members here. I don't know how much of the hearing testimony you've gone through and the other issues involved. It came before this council last year. We moved to table it until we had some further input. One of the key issues that moved it to be tabled was the discussion of making Meridian Road a five lane road, but yet nobody brought forth a concept plan. as to what they wanted to see Meridian Road look like, whether we wanted another Fairview. You know, whether we wanted a road with islands like we have on East 1 S~ or the type of zoning we wanted, the type of buildings we wanted. None of this was brought forth, and so we tabled it on this issue. You know the other issue is whether we go one way streets on each. We're going to have to make this decision here pretty quick, so we need to be thinking about it. It may be something we may need to discuss at a workshop. Corrie: There's a meeting on the vision committee on I think iYs April the 29th at the Middle School cafeteria. I'll get those information to the council. They would like to have at least two of you at that meeting. They anticipate three or four hundred people. They got five facifitators and they are going to do vision work and also on that downtown road. So 1'll get that to you guys. Then have the four of you decide what finro or three want to go. I'm going to be out of town. So you can do that and I'll get that to you. Bird: (Inaudible) Corrie: They wanted to do that. We got it all set up, Claire Bowman and Dr. Patten from fhe CU and Dr. Weatherby. And another one from Hewlett Packard is going to be facilitators of that. They can help us out there. I'll get that to you, Glen. Bentley: 1'm digging through my pile of goodies here. I think that's all I have, with a request that I'd like a short Executive Session after we are done here. Corrie: Anything else? Anderson: Just a couple of things. A month or a month and a half ago when we were having our series of ineetings wifh the Rural Fire District, I handed out a copy of a joint powers agreement. I would suggest that each of the council members and the Mayor dig that back out and refresh yourself with that. We probably need to discuss at ~ • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 57 possibly a planning meeting and decide what we want to do on that and get back with them. We haven't given them any word, and for those councilmen that are interested, next Tuesday at the Rural Commissioner meeting, there's going to be an open discussion with representatives from North Ada County Fire District about mergers and consolidations. I attended a workshop back in January on that as well as the fire chief and one of the rural commissioners. And so now we just want to take some of those ideas a little bit forward. If you are going to aftend, we need and then probably advertise the meeting if we are going to have more than a quorum there. Corrie: What date was that? Anderson: Next Tuesday. Bentley: I think it would just be besi to go ahead and notice it. If we wind up with a quorum fine. If we don't fne. Then you are covered. Mr. Mayor I have one other piece of business. I have a copy of an invoice from Mr. Crookston through (inaudible) for the appraisal of the fire station. The fee was $3,000.00. Due upon receipt. Crookston: I discussed that with Mr. Rountree when we were trying to set up an appraiser for it. That was the firm that could do the fastest. I had one that was for $2400 that would not be able to do it for two months. That was done in finro weeks as I recall. That's why iYs the $3,000 figure, and I had other ones that were four to five thousand dollars. Corrie: Well, F guess we need a motion to pay it. Bird: I make a motion that we pay this appraisal fee, and I think we ought to probably pay it out of the general fund, because it is something that is through all the departments. I would make that motion. Bentley: I'd second that. Corrie: The motion made by Mr. Bird and second by Mr. Bentley that we pay the $3,000 out of the general fund. Any further discussion? Atl those in favor of the motion, say aye. MOTION CARRfED: All ayes. Corrie: There are meetings set up between Mayor Coles, Carolyn Turtley, the President of the City Council, myself and I would like to have two other council members go with me. This is in reference to that piece of property up at the Ustick and Eagle Road. Bird: I would volunteer to go with you. ~ • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 58 Bentley: When is this? Corrie: It's at 2:00 in Mayor Coles' office. Bird: Tomorrov~? Corrie: The 15th of April. Anybody else? Okay, if you can let me know. We'll meet out there and they want to discuss that piece of property. I think we pretty well discussed it here with the JUB Engineer, but we'II go there too and talk. I have one other thing. Vern Alleman sanitary sewer easement. Gary you want to - I'll save this. Their attorney has advised him that they should have the agreement signed, a written agreement or contract signed by the Mayor stating that his property would not be annexed without his consent. I think we went through that and we all agreed to that. t just need to - if iYs okay to have the aftorney make up that advisement agreement and then - Crookston: Excuse me, Mr. Mayor and Council, I had a memorandum written to Gary, but I'm not sure that it's been delivered yet. It was just a question as to what Mr. Allernan was agreeing to do. He's going to grant an easement or he's going to grant - do you know what that is? Can you tell me Gary? Smith: Yes, he would grant an easement to the Packard Developers which would be also granted to the City of Meridian for operation maintenance of a sewer line across his property to serve the Packard Subdivision. Crookston: Is that for sewer only? Smith: Yes. Crookston: Thank you. Corrie: So if you will draw that up. Crookston: Yes, I will. Corrie: You got in your box I believe today a memo from Janice Smith about Idaho Power pay station:location at City Hall. If you would kind of read that. She recommends that the City not get involved with this agreement with the Power Company to take on payments of power bills there. It's self-explanatory. So I would ask ttiat you read that over and get back with me what your concems - if you agree with that or not. . • MERIDIAN CITY COUNGIL REGULAR MEETING APRIL 7, 1998 PAGE 59 Bentley: Postal service needs the money. Corrie: If you wilt do that, i would appreciate that. I don't have anything else. I guess fhe City Clerk has something. Berg: Thank you Mayor and Council. It's been designated to me to bring this up from the sick leave pool committee as far as some suggested amendments to hetp build our sick leave pool and to help formulate a little more of a structure for our pool. Attached is a letter that we sent a couple of months ago and we would just like to have your response so if it's not the case, then we can search for different avenues. Is everybody familiar with the letter or have any questions concerning some of these items? Anderson: I guess I have some questions on how this would interact with the signed contract with the fire department and the union? Berg: That would probably be a question back to you because I don't know other than if they are going to be under a different benefit schedule according to what the union says and maybe they wouldn't even be a part of this. I don't know. This in a way is kind of a - we've talked about it before, but an insurance policy for a short term disability. All fhis is really going to do is not going to take care of a long term. Anderson: And i fhink we've addressed some of those things in the union contract already. So I'm not sure that the fire fighters should be participating in this pool. Berg: And that's fine. This has kind of been brought up - I should probably say it's been talked about several tirnes in our meetings wifhin the last year. Anderson: Ofher than the fire chief, who would not be covered by the union contract, and - Berg: Corcect. He could be a member if he's the representative from his only department or maybe you wouldn't need to have him at all since it's onty a one member thing. Corrie: He's eligible for the sick pool. Everybody is. There was some question as whether the exempt employees are eligible, they are. Everybody is eligible. Berg: With the exception with possibly the firemen. Bentley: A lot is going to depend on what the final wording is as whether they are eligible to participate, the final wording on the contract. There's one clause in there and if it's in there, they would be eligible. • • MERIDIAN C1TY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 60 Berg: Is there any other problerns with any of the other - the eligibility of possibly the fire department. Maybe the Chief may be the only etigible person. Bentley: I have no other questions with it. Berg: And we may have to deal with that when the union contract gets completed. But maybe we could stem on with some of these other issues. Anderson: On page 15 of this proposal, we were just looking at part of this earlier tonight, but I think in the center of the page there where it's talking about vacation leave,. can only accrue to a finrenty day basis 480 hours maximum at 480 hours is an inaccurate figure. Berg: Yes, it is. I agree with you. But this sick leave thing doesn't deal with that, but yes you are correct. That 480 hours is inaccurate conversion. Anderson: What does it take and who needs to correct this because it's causing some problems with (inaudible) right now. Berg: Well, to be honest with you, if you amend the personnel policy manual which is what this is, we could amend those items and that figure. There may be other things there, but I'd like - I guess 1'm dealing with the sick leave pool committee that seems frustrated at times to try to get more and more hours into a pool that if we do have a catastrophe we could supply the need. Corrie: I guess 1 could put out a memo that was a misprint. It should be 192 hours because it's an eight hour day, not a 24 hour day. Anderson: Yeah, I guess it actually, you know, need to say 160 for a 40 employees and 192 for 24. Because otherwise your 40 hour employees are going to want 192 hours. Corrie: That's correct. I can put out a memo as a correction on the 148 hours where they stand is 192. 160 hours for the - Berg: When if's calculated right above it. That's - Corrie: It's just a misprint. Berg: I believe it is just a misprint. Corrie: I'II put out a memo on it and sign it. Berg: Because the conversion table is righ.t above it. ~, • MERIDtAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 61 Corcie: Any other questions on the sick pool committee deal then? Berg: I don't have any other questions other than I'd like a response or action or something so we can end this. Anderson: I guess if you want a response from me, I need to have - tell me about the sick leave pool. I don't know what it is, how you access it, who gets into it, how they contribute to it, when it can be used and all those things. Is it all spelled out in this? Berg: It's spelled out in our personnet manual on page 15, 16 and 17. That's the only thing that's spelled out. It's a pool of unused sick hours that you can contribute at the time of what we decide what you need to contribute, right now is eight hours, and you are a member of that pool and catastrophe of some magnitude happens and you use up all your other benefit times such as sick leave, vacation, comp time and you still need more hours, you can ask the committee of the sick leave pool commifitee for some more hours to get you through the catastrophe. Right now we have not had an incident of that nature, buf iYs only designed for that type of situation, not for ones or two or current days. Bentley: I think it would be better since Mr. Anderson isn't familiar with it, that maybe we postpone action on this for finro weeks and then give him a chance to review and if there's any quesfions, and we can get input from Charlie when he gets back too, Councilman Rountree. Berg: Sure, that's fine. I'd be more than happy to go over it with you. Bentley: Mr. Mayor, I thought of one more thing. Shari, my dear, we've talked about this for probably the two years I've been here, and I think it's time we get a list together of all fhe little enclaves of county property that's inside the city limits and start taking a look at doing some forced annexations. Where the properties are, what the sizes are. Crookston: What the legal descriptions are. Bentley: That would be it too. Stiles: (inaudible) Bentley: But if we could get a list of where the properties are so we could get some ideas and maybe get to work on some of this. There's an awful lot services and tax dollars being lost that we need to address. . • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 4998 PAGE 62 Stiles: This is not current here, but anything that is not colored on this map, is not in the City. I don't have a problem with some of them being annexed, if it's less than five acres. However, I don't want to inherit some of the problems that the county has done nothing with and have nothing but enforcement problems on that. I have no desire at all to do that. Bentley: Well, maybe you coutd give us a list and maybe a yes or no, and you know. If you or some of your assistants over there. I don't know who all is over there anymore. It's so far away. Stiles: You got to beat the c~owd there now. Bentley: Thank you. Stiles: It's going to take a lot of work to do that. I mean it's going to take driving, and actually looking at the properties. Maybe taking pictures of some of the properties to explain why we don't want to annex them. Benfley: Tom wants to annex them 1 can tell, he's reaching to help you. Kuntz: Mayor Corrie, just need clarification because I'm on the agenda for this Thursday's Western Ada Recreation District meeting. In regards to the shaved ice booth that's on fhat piece of property. They do need a permit or do not? Corrie: Technically they need a permit. Kuntz: Okay: Corrie: But they haven'f I understand for quite a while. So I guess talk to me in the morning. I'll talk to the counselor tonight. Okay, anyfhing else here? Benfley: I'd like to have an Executive Session. Corrie: 1 know you'd like to have one. Let's have a motion on it. Bentley: May I have a motion for an Executive Session. Bird: I'll second it if iYs not too long. Corrie: Motion made by Mr. Bentley and second by Mr. Bird for Executive Session. All those in favor, say aye. MOTION CARRIED: All ayes. ~ + MERIDIAN GTY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 63 (EXECUTIVE SESSION AT 11;30) Corrie: Okay, we're back from the Executive Session at 11:50. We discussed personnel issue. No decisions were made at that point. I will entertain a motion to adjourn. Bentley: So moved. Bird: Second. Corrie: Motion made by Bentley, second by Mr. Bird to adjourn at 11:50 P.M. All in favor say aye. MOTFON CARRIED: All ayes. MEETING ADJOURNED AT 11:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: ~ ` ~ WILLIAM G. BERG, JR., CI CLERK ``'~`ti~1~i1111i1~-//~~~', . \~~t ~ ~ ~~~ l~~~ ~~ ~ ~ ~ "~ '~'o ~ ~F..~L ~ ~ ~ ~ ~ , , ~ 90 ]' ~~~ • A~`~~w\ i ~ ~~ t1~ ~~ a~ • ''''~~~~~~1H11t~n1/~11~ ~~~`l~ ~ . MERIDIAN CITY COUNCIL AGENDA TUESDAY, APRIL 7, 1998 - 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: RON ANDERSON O CHARLIE ROUNTREE GLENN BENTLEY ~KEITH BIRD ~MAYOR ROBERT CORRFE ~i~oc%~w~i~- .. /~2~cl~ ~ ,r~~.,./~s MINUTES OF PREVIOUS MEETING HELD.MARCH 17, 1998: ~pY~v-e- MINUTES OF SPECIAL MEETING HELD MARCH 10, 1998: ~~~r~~~ 1. TABLED MARCH 17, 1998: INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: ~a~e u~,.-~`~ /~-u.2 Zl r1 in~ 2. FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE.RESTAURANT BY TRIPLE T INC. - 519 EAST FAIRVIEW AVENUE: a~~rvv-e ,c/~ ~ e% ~i~ m v.~ ~' Gt A GW 2'f~ c~ c~i ?-ibns 3. AMENDED ORDINANCE #783 : FUTURE PARK ANNEXATION: Gv~~i-oV~ 4. PUBUC HEARING: AMENDING ALCOHOLIC BEVERAGE ORDINANCES AND ADULT BUSINESS ORDFNANCE: ~ 5. AMENDED ORDINANCE #684 : BEER, LIQUOR AND WINE ORDINANCE: ~~vrvv.c~ ORDINANGE #791 : REPEALING OBSCENITY ORDINANCE: Gyap~vv~ ORDINANCE #792 : ADULT BUSINESS ORDINANCE: G~~rov~ 6. PU~LIC HEARING: PRELIMINARY PLAT FO~R THUNDERCREEK SU~DIVISION BY MERIDIAN LAND DEVELOPMENT COMPANY - SW %4 NW %4 SECTION 18: ~~~,z„~„~ ~y,~.~~ 7. PUBLIC HEARING:~ REASE FEE SCHEDULE FOR PARK FACILITIES USE: 8. 2ND AMENDED RESOLUTION #161 : PARK FACILITIES FEES ~P7~~ve i,~~~h cer~ech~u- 9. PUBLIC HEARING: ADOPTING THE 1997 UNIFORM MECHANICAL CODE WITH APPENDICES AND PERMIT FEE SCHEDULE: , ~ 10. ORDINANCE #790 : 1997 UNIFORM MECHANICAL CDDE WITH APPENDICES AND PERMIT FEE SCHEDULE: ~ a~~r~/.e e~~ec.~i1-2 ~Tl+~,..e /f~~ / l 1 v ~ • 11. FINAL PLAT FOR HAVEN COVE NO. 7 SUBDIVISION (41 LOTS) BY MERIDIAN LAND DEVELOPMENT COMPANY - NORTH .OF W. PINE AND EAST OF TEN MILE ROAD - S'/Z OF NW'/< SECTION 11, T.3N., R.1W. : ~~"° v~-~ 12. FINAL PLAT FOR GEMTONE # 3 SUBDIVISION (4 LOTS) BY CROSSROADS BUSINESS CENTER LLC - WEST OF EAGLE AND NORTH OF W. PINE - NE %4 SECTION 8, T3N., R1 E.: ~~r~v~- 13. FINAL PLAT FOR ELVIRA SUBDIVISION (49 LOTS) BY RON CROW - EAST OF EAST 5T" STREET AND NORTH OF EAST CARLTON - PART OF NE'/e & NW %4 SECTION 7 T.3N., R1 E.: ~~~ u~~e i~-~-~e Z/ S~ v~.~, - 14. REQUEST FOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK - 3175 N. TEN MILE ROAD: ~~ ~z ~;~,.,,~:~ 2~.~~~,~. . 15. REQUEST TO CONNECT TO .UNITED WATER BY FRIENDSHIP CELEBRATION - SOUTH OF CHINDEN ROAD BETWEEN LOCUST GROVE AND MERIDIAN ROAD: ~j~r~v~ 16. WATER / SEWER / TRASH DELINQU.ENCJES: G~Pro~-~ 17. APPROVE BILLS: a~v~rvv~ 18. DEPARTMENT REPORTS: A. GARY SMITH: B. SHARI STILES: C. TOM KUNTZ: 1. LEASE/PURCHASE AGREEMENT FOR SMALL UTILITY TRACTOR. 2. HERBS FESTIVAL AT STOREY PARK. D. WILL BERG: ~ 1. SiCK LEAVE POOL COMMITTEE SUGGESTED AMENDMENTS. _ _ J Y OF MERIDIAN PUB~ MEETING SIGN-U1~HEET 3~. ~ r~t.~>/.rzw`. ~~ss~2 ~3~' -G,~'~£~'~ Y OF MERIDIAN PU~I~: MEETING SIGN-U~HEET ~~ (~• ORDINANCE N0. 790 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE III, CHAPTER 12, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO REPEAL THE 1991 UNIFORM MECHANICAL CODE WITH APPENDICES AND READOPTING A NEW CHAPTER 12, TITLE III. THE 1997 UNIFORM MECHANICAL CODE WITH APPENDICES TO BE KNOWN AS '°CHAPTER 12, MECHANICAL CODE" ADOPTING THE 1997 EDITION OF THE UNIFORM MECHANICAL CODE REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION T0, USE OR MAINTENANCE OF HEATING, VENTILATING, COOLING, REFRIGERATION SYSTEMS, INCINERATORS, OR OTI-iER MISCELLANEOUS HEAT-PRODUCING APPLIANCES IN THE CITY OF MERIDIAN; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; PROVIDING FOR THE ADOPTION OF THE FOLLOWING APPENDICES TO THE 1997 UNIFORM MECHANICAL CODE: A- UNIFORM MECHANICAL CODE STANDARDS NO. 4-2, GALVANIZED SHEET METAL, B- FUEL-GAS PIPING, C- SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPPED WITH DRAFT HOODS AND APPLIANCES LISTED FOR USE WITH TYPE B VENTS, D- UNIT CONVERSION TABLES; AND PROVIDING AN EFFECTTVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to repeal Chapter 12 of Title III of the Revised and Compiled Ordinanc~s of the City of Meridian and to re- adopt a new Title III, Chapter 12 to be known as the UNIFORM MECHANICAL CODE, and to adopt the following appendices to the 1997 UNIFORM MECHANICAL CODE: A- UNIFORM MECHANICAL CODE STANDARDS NO. 4-2, GALVANIZED SHEET METAL, B- FUEL-GAS PIPING, C- SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPPED WITH DRAFT HOODS AND APPLIANCES LISTED FOR USE WITH TYPE B VENTS, D- UNIT CONVERSION TABLES. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 12 of Title III. of the REVISED UNIFORM MECHANICAL ORDINANCE 1 r- ~ • ~• AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN along with all other ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 2:12-100. That that certain document, three copies of which are on file in the office of the City Clerk of the City of Meridian, being marked and designated as the 1997 Uniform Mechanical Code, including Appendix Chapter A(1997 Edition) of the 1997 Uniform Mechanical Code published by the International Conference of Building Officials, be and is hereby adopted as the code of the City of Meridian for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat-producing appliances in the City of Meridian which code provides for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such "UNIFORM MECHANICAL CODE,°' 1997 edition, except Sections 1027 and 1028, published by the International Conference of Building Officials, on file in the City of Meridian's, City Clerk's Office, is hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance. The residential mechanical permit fees shall be those set forth in Table 1-A--Mechanical Permit Fees, attached hereto as Exhibit "A" and incorporated herein as if set forth in full. The commercial and industrial permit fees shall be one point five UNIFORM MECHANICAL ORDINANCE 2 <~ ( • percent (1.50) of the value of the completed mechanical system which is to be installed, plus a$22.00 base permit fee. SECTION 3: That Section 12-101 is hereby enacted and shall read as follows: "12-101: PENALTY: Any person violating the provisions of this Chapter shall be deemed guilty of misdemeanor." SECTION 4: That. Section 12-102 is hereby enacted and shall read as follows: "That if any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Meridian hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections sentences, clauses or phrases be declared unconstitutional." SECTION 5: EFFECTIVE DATEt WHEREAS, there is an emerqency t.herefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect June l, 1998, and after its passage, approval and publication acaording to law. PASSED AND APPROVED this 7th day of April, 1998. ATTESTt " 1 W L IAM G. B~RG, JR - TY CLERK 04/07/98 - Final UNZFORM MECHANICAL ORDINANCE ~`~~~,,` ~ ,o~~OjP, ~,~~"~ ~~ / ~t'" ~O \ z ~~~e - :~ ~~ ° :~ ~ L~T 1~ ~ ~~ r`•; .,~~0~ ~Q,`~ ~~. ',f r~'~~if ~r~~~t<<~~``'`. 3 ~'A ~.~ 1994 UNIFORM MECHAh`.. .~DE TABLE 1-A-MECHANICAL PERMIT FEES Permit Issuance 1. For the issuance of each pertnit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $22.00 2. For issuing each supplemental peamit for which the original permit has not expired, been canceled orfinaled ................................................................ 6.50 Unit Fee Schedule (Note: The following do not include permit-issuing fee.) I. Furnaces For the installation or relocation of each forced-air or gravity-type fumace or bumer, including ducts and vents attached to such appliance, up to and including 1U0,000 Btu/h (293 kW) . . . . . . . . . . . . . . . . . . . . . . . . 13.25 For the installation or relocation of each forced-air or gravity-type furnace or bumer, including ducts and vents attached to such appliance over I00,000 Btu/h (293 kW) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.25 For the installation or relocation of each tloor fumace, including vent . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.25 For the installation or relocation of each suspended heater, recessed wall heater or tloor-mounted unit heater . 13.25 2. Appliance Vents For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit .............................................................................. 6.50 3. Repairs or Additions For the repair of, alteration of, or addition m each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the MechanicalCode ...................................................... 12.25 4. Boilers, Compressors and Absorption Systems For the installation or relocation of each boiler or compressor to and including three horsepower (10.6 kW), or for each absorption system to and including 100,000 Bw/h (293 kW) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.15 For the installation or relocation of each boiler or compressor over three horsepower (10.6 kW) to and including l5 horsepower (52J kW), or for each absorption system over 100,000 Btu/h (293 kW) ro and including 500,000 Btu/h(146.6 kW) .........................................:.......................... 24.25 For the installation or relocation of each boiler or compressor over l5 horsepower (52.7 kW) to and including 30 horsepower ( 405.5 kW), or for each absorption system over 500,000 Bw/h{ 146.6 kW) to and including I,000,000 Btu/h(293.1 kW) .................................................................... 33.25 For the installation or relocation of each boiler or compressor over 30 horsepower (105.5 kW) to and including 50 horsepower (176 kW), or for each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1.750.000 Btu/h (512.9 kW) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49.50 For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW), or for each absorption system over 1,750,000 Btu/h (512.9 kW) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82.75 5. Air Handlers For each air-handling unit to and including 10,000 cubic feet per minute (4720 L/s), induding ducts attached thereto .............................................................................. 9.50 Note: This fee dces not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code. For each air-handling unit exceed~ng .10,000 cfm (4720 L/s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.15 6. Evaporative Coolers For each evaporative cooler other [han portable type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.50 7. Ventilation and Exhaust For each ventilation fan connected to a single duct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.50 For each ventilation system which is not a portion of heating or air-conditioning system authorized 6y a pertnit ................................................................. 9.50 For the installation of each hood which is served by mechanical exhaust, including the ductsforsuch hood ............' ....................................................... 9.50 8. Incinerators For the installation or relocation of each domestic-type incinerator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.25 For the installation or relocation of each commercial or industrial-type incinerator . . . . . . . . . . . . . . . . . 66.50 9. Miscellaneous For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . 9.50 When Appendix B, Chapter 13, is applica6le (see Section ] 03), pertnit fees for fuel-gas piping shall be as follows: For each gas-piping system of one to four outlets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.50 For each gas-piping system, additional outlets over five, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 When Appendix B, Chapter 14, is applicable (see Section 103), permit fees i'or process piping shall be as follows: For each hazazdous process piping system (HPP) of one to four outles . . . . . . . . . . . . . . . . . . . . . . . . 5.00 For each piping system of five or more outlets, per outlet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 For each nonhazardous process piping system (NPP) of one to four outlets . . . . . . . . . . . . . . . . . . . . . 2.00 For each piping system of five or more outlets, per outlet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.50 Other Inspections and Fees: 1. Inspections outside of normal business hours, per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $44.25* (minimum charg~two hours) 2. Reinspection fees assessed under provisions of Section 116.6, per inspection $4q,25* 3. Inspections for which no fee is specifically indicated, per hour (minimum charg~ne-half hour) .. $44.25* 4. Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge-~ne-half hour) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $44.25~ *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. ~ ~ ORDINANCE N0. ~91 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITZE 8, CHAPTER 19, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have conc~uded that it is in the best interest of said Ci~y to repeal Title 8, Chapter 19; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCiL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTI~N l: That Title 8, Chapter 19, of the Revised and Compiled Ordinances of the City af Meridian is hereby repealed. SECT~ON 2: EFFECTZVE DATE: This ordinance shall become effective immediately upon publication and passage by the City Council of the Ci.ty of Meridian and shall apply to all present and future Adult Entertainment Businesses. PASSED AND APFROVED this 7th day of April, 1998. CITY ~F MERIDIAN , /~.. ;~ ~ t ~ RT D. CORRIE-MAYOR ~,`,~«+-a~~~~r~~,,~~ ATTEST : ``~``,~~'`,~ O~ ~~~~~~'.w ~ ~( /t~L't- w fi ; ~ ~s ~/ ~ ~~ ~ rti„V f~S W LIAM G. BERG, JR.- 2TY CLERK s S~L = 4-6-98 - Final ~ 7 ~ ~ : . ~ ~ '~• "~Q T 1 ~ ' ~ ~~ C,: 'i+'~ ,~ ~ `.'V1V F ~ ~ ~~`~~ REPEALING OBSCENITY ORDTNANCE ~~~`~~~~~,~~~~~i ~~s~,~.~~`~`~~ 1 ~ ~ AMENDED ORDINANCE N0. 689 AN ORDINANCE OF THE CTTY OF MERIDIAN AMENDING, TITLE 3, CHAPTER 2, SECTION 3-20I, OF THE REVISED AND COMPILED~ORDINANCES OF' THE CITY OF MERIDIAN ADDING A PROVISION THAT NO LIQUOR BY THE DRINK, WINE OR SEER LICENSE SHALL $E ISSUED TO ANY BUSINESS OR ESTABLISHMENT WHICH IS AN ADULT BUSINESS AND NO BUSINESS OR ESTABLISHMENT WHICH HAS LIQUOR BY THE DRINK., WINE OR BEER LICENSE SHALL BE ISSUED AN ADULT BUSINESS LICENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to amend Title 3, Chapter 2, Section 3- 201; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CiTY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1:~ That Title 3, Chapter 2, Section 3-201, of the Revised and Compiled Ordinances of the City of Meridian is hereby amended by changes thereto whi.~h shall read as follows: 3-201: ADOPTiON OF BEER, WINE AND LIQUOR LAWS: There is hereby adopted for the purpose of governing the licensing, sale and use of alcoholic beverages within the City, the laws of the State of Idaho, being particularly Title 23, Idaho Code, as presently in effect or as may be hereafter amended by the Legislature of the State of Idaho and or by the City Council of the City of Meridian, as may be contained in that certain volume "Idaho Liquor and Beer Laws" revised through acts of the Legislature, published by authority of the Department of Law Enfarcement, Liquor Law Division, as the same may be revised by the Legislature or by the City Council of the City of Meridian. The same are hereby adopted and incorporated herein as an ordinance of the City as fully as though set forth in full herein. BEER, WiNE AND LIQUOR ORDINANCE 1 ~ ~ Three (3) copies of the Idaho Liquor and Beer Laws, together with all amendments thereto, shall be kept on file in the office of the City Clerk for use and examination of and by the public. Further, no license for liquor, beer and/or wine shall be issued by the City of Meridian, or approved by the City Council of Meridian, to any business or establishment which is an adult ~heatre, adult bookstore, adult entertainment establish or adu].t business as described in the Meridian City Adult Business Ordinance. No current establishment serving liqnor, beer or wine shall be permitted to obtain an Adult Business License. SECTION 2: EFFECTIVE DATE: The effective date of this ordinance shall be the date of its publication. PASSED AND APPROVED this 7th day of April, 1996. ATTEST: ,`~~`~,~,at~tiqrl~~,,,,~, .~~~,, ~~ ~ ~~~,ry~~ _ `~ ~ ~ ~ i~ , :~ ~ ~,__. ILLIAM G. ERG, JR CI CLERIfii ~ 4-6-98 - Final ~ $~~ = 7~ ~ w ~ ~ ~ "'-, yp r t~R ~ ~ ,~ ~`r ., ,~ c~ p~. ~~,. ''','/h~~~~n~uis n+~i~~~`~~```. BEER, WINE AND LIQUOR ORDINANCE . 2 CITY OF MERIDIAN ~ ~ ~ ORDINANCE N0. 792 AN ORDINANCE OF THE CITY OF MERIDiAN ENACTING A NEW TITLE 8, CHAPTER 19, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY ~F MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State af Idaho, have concluded that it is in the best interest of the said City to enact a new Title 8, Chaptex 19; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY C~UNC3L OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title 8, Chapter 19, of the Revised and Campiled Ordinances of the City of Mexidian is hereby enacted and shall be titled "ADULT BUSINESS" Ordinance. SECTION 2: That Chapter 19 of Title 8, of the Revised and Compiled Ordinances of the City of Meridian is hereby enacted and shall read as set forth below: ADULT ~NTSR'1~AINi~NT 8-1901: PF.RSO~NS SUSJECT TO I~ICLNSE : Whenever in this Ordinance a license is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging in any ac~ivity or occupation, any person or corporation shall be subject to the requirement, .if by himself or through an agent, employee or partner he holds himself out as being engaged in the business or occupation; or so].icits patronage ADi3LT BUSINESS ORDINANCE 1 ~ ~ therefor, actively or passively, or performs or atteinpts to perform any part of such business or occupation in the City of Meridian. 8-1902 : I,ICENSL : This ordinance is not designed to define, nor regulate, the sale, loan, distribution, dissemination, preserztation or exhibition, of material or live conduct which is obscene. This arda.nance is designed to license establishments that provide adult entertainment or themes of a distinct sexuai nature. . 8-1903: DLP'IIIITION$: The following. definitions are applicable to this Ordinance: (A) ADULT STORE: 1. An establishment having as a substantial or significant portion of its stock or ~rade, books, magazines or films which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to adult entertainment. 2. An estabJ.ishment with a segment or section devoted to the sale or display of such material or; 3. An establishment which sells or displays for sale devices designated to stimulate sexual arousai by contact with the skin or bodily orifices. (8) ADULT THEATRE: An establishment, either enclosed or in the open air, used for presenting to an audience through film or live performance material distinguish~d or charac~erized by emphasis on matter depicting, describing or relating to activities of a sexual nature for the purposes af adult entertainment. (C} ADULT ARCADE MACHINES: Machines which are used by an individual to view films, videos, or segments of films, which distinguish, characterize, or emphasize matters depicting, describing or relating to activities of a sexual nature for the purposes of adult entertainment. ADULT BUSINESS ORDINANCE 2 ~ --1 (D) ADULT ~NTERTAINMENT ESTABLISHMENT: Adult Entertainment Es~ablishment is defined as, "Any placs of business, or eommercial establishment, wherein the entertainment or activity therein consists of substantially nude persons dancing with or without music or engaged in movements of a sexual nature wherein the patron is directly or indirectly charged a fee or required to make a purchase in order to view the entertainment or activity which consists of persons exha.biting or modeling lingerie, bikanis or similarly styled garments, or where tk~e patron, directly or indirectly, is charged a fee to engage iri personal contact by employees, devices or equipment, or by personnel provicied by the establishment." An establishment which has semi-nude dancinq or strip tease performances, whether these occur regularly or occasionally. Adult dancing inc].udes, but is not limited to: erotic, exotic, striptease, bikini or lingerie and shall mean and relate ~to any performance, preview, play, show, skit, film, dance or othex~ exhibition pexfoxmed before an audzence depicting, describing or rela~ing to activities of a sexual nature for the purposes of adult entertainment. "Substantially Nude" as used in this section shall mean dressed in a mannex so as not to display any portion of the femal.e breast below the top of the areola, or displaying any portion of any person's pubic hair, anus, cleft of the buttocks, vulva or genitals. This definition of "Adult Entertainment Establishments" is to include, but not be limited to, bathhouses, massage parlors, lingerie, modeling studios, or related or similar activities. Establishments which have as their sole purpose the improvemen~ of health and ~physical fitness through special equipment and tacilities, rather than entertainment, as herein above described, are specifically excluded. , (E) HOLDING COMPANY: 1. Holding company means any corporation, firm, partnership, trust or other form of business organization not a natural person which, directly or indirectly: ADULT BUSINESS ORDINANCE 3 ~ ~ (a? Owns; (b} Has the power or right to control; or (c) Holds with the power to vate, a1J. or any part ~ of the outstanding voting securities of a corporatian which holds or applies for a license required by this Ordinance. 2. For the purposes of this Section, in addition to any other reasonable meaninq of the words used, a holding company "indirectly" has, holds or owns any power, right or security menta.oned in subsection 1 if it does so through any subs~diaries, however many such subsidiaries may intervene between the holding company and the corparate licensee or applicant. (F) INTERMEDIARY COMPANY: Intermediary company means any corporation, firm, pa~tnership, trust or other form of business arganization other than a natural person which: 1. Is a holding company~with respect to a corporation which holds or applies for a license required by this Ordinance. ' 2. Is a subsidiary with respect to any holding company. (G) SUBSIDIARY: Subsidiary means: 1. Any corporation all or any part of whose outs~anding equity securities are: {a) Owned; (b) Subject to a power or right of control; or {c) Held with power to vote, by a hold.ing company or intermediary company; or 2. Any firm, partnership, trust or other form of business organizatian not a natural person, all or any interest in which is: . (a) Owned; ADULT BfJSINESS ORDINANCE ~ ~ ~ (b) Subject to a power or right of control; or (c) Held with power to vote, by a holdinq company or intermediary company. (H) ADULT BUSINESS: An adult store, adult theatr~, adult entertainment establishment or adult business which also includes any business that opezates adult arcade machines on its premises. 8-1904: LICFNSE REQUIRED~ ALCOHOL LIC~'NSES: It shall be unlawful for any person to operate within the city limits of Meridian any adu].t store, adult theatre, adult arcade machine business, or adult entertainment establishment, without first obtaining an appropriately . classified license to do so as set forth in Section 8-1905 ' below. No beer, wine or liquor license shall be issued to any adult theatre, adult store, adult arcade business or adult entertainment establishment business as described above. 8-1905 : LICSNS~ C~.ASSI~'ICATIO~NS s ~A} eighteen {18Adyears orr younger, does not admit persons (B) Class B: Adult store which admits customers eighteen (18) years, or younqer to purchase publications or items not reiating to specified sexual activities or specified anatomical areas but which has a portion of its premises devoted to the sale or dispiay of such publications, films, or sexual devices. (C) Class C: Adult theatre. (D} Class D: Adult arcade machines. (E) Class E: Any Adult Entertainment Establishment which may also include the elemen~s of Class A, C, and D but not C1ass B. 8-1906: APPLICATION FOR LICENSL: An application for a license to opera~e one of the establishments described in Section 8-1904 above shall be made to the Czty Clerk in such form and manner as prescribed ADULT BUS.INESS ORDINANCE 5 ~ ~ by the City Council accompanied by the annual fee hereinafter prescribed, but the application shall contain at least the following: {A} The name and residence address of the applicant; (B} The name and address of each employee; (C) If applicant is a corporation, the names and resident addresses of Each of the officers, directors and managers af said corporation and of each stockholder owning more than ten percent (10~) of the stock of the corporation and the address of the corporation itself, if different from the address of the proposed establishments. {D) If applicant is a partnership, the names and addresses of each of the partners, including any limited partners and the address of the partnership itself, if different from the address proposed for the estabiishment. (E) Written proof that the applicant is over the age o~ ea.ghteen (18) years. (F) The business, ocaupation, or employment of the applicant for the three (3) years immediately preceding the date of the application including the names, dates of, location and nature of same. (G) The numb~r of adult arcade machines to be installed, if any, and the name, address and employer of the owner of said machines. If the owner is a corporation, the names and resident addresses of each of the officers, directors and managers of said corporation and of each stockholder owning more than ten percent (10~) of the stock o£ the corporation and the address of the corporation itself, if different from the address of the proposed establishment[s]. (H} The class of license applied for and a statement why the proposed establishment falls within the requested classification. (I) If the applicant is seeking a Class B adult s~ore license, a description of the manner in which minors wi11 be prevented from viewing publications, films of specified sexual. activities.or sexual..anatomical areas. (J) If a Class A adult store license is being requested, a statement whether the applicant wiil display for sale ADULT BUSINESS ORDINANCE 6 ~ ~ or sell any device desiqned to be used to stimulate sexual arousal or aroUsal by contact with the huznan skin or bodily orifices; (K) A diagram of the floor plan and number of square feet and on premises parking spaces; (L) if the applicant is seeking a Class C adult theatre license, a statement whether the entertainment will be live or on film. If live, a statement as to the nature of the live entertainment, e.g. burlesque, dance, musical, drama, etc. If a Class E Adult Entertainment license is sought, a statement of the type and nature of entertainment whether Class A items are to be sold or offered far sale, and if adult arcade machines, including the number of, will be available for patronage. {M) The date on which the applicant intends to open for business. (N) The type and nature of activity desired to be iicensed and whether the type of activity shall at any time require the total exclusion of minors from the premises. (O} A legal description of the real property on which the premises are to be located, the name and address of the record owner; the name and address of eaah lienholder; the name and address of each party to a valid and subsisting cqntract of sale, deed of trust or other agreement the subject of which is the aforesaid real property. If any of the persons sought to be identified by this Section is a corporation, the names and resident addresses of the officers, directors and managers of said corporation and of each stockholder owning more than ten percent (10~} of the stock of the corporation and the address of the corporation itself, if different from the address of the proposed establishment. (P) I~ any of the information supplied pursuant to this Section becomes outdated by virtue of changes in the operation of the business or otherwise needs ta be supplemented, the licensee shall provide the City Clerk with the modified or supplemental date within ten (10) days vf the change or addition being effective. (Q) As to subsections (C}, (G} and (O), if the owner or app].icant corporation is an intermediary company as ADULT BUSINESS ORD~NANCE ~ ~ ~ defined in Sectipn 6-1902, the identity of each related holding company or subsidiar~ as those terms are defined in.Section 8-1902. In providing the identity each such corporation, the applicant shall furnish the name~ and addresses of each of the officcrs, directors and manac~ers and of each stockholder owning more than ten percent (10~} of the stock o~ the corporation, and the address of the corporation. 8-1907: C0~]'PR+OL BY CITY CI~Rlr: . The City Clerk shall, within three (3) working days of a receipt of an application for license required by this Ordinance , submit a complete copy of the application to the Planning and , Zoning Commission, Building Inspector, Central District Health Department of ~he State of Idaho, Fire Inspector for the City, City A~torney, Ci.ty Engineer, Ada County Highway Department and the Chief of Police. 8-1908: INVSSTIGATI~1 TO BE I~D~1D~ BY CITY OF~'ICIALS Ai~ID OTSER ~cn~s : On receipt of an application for licensing from the City Clerk as required by this Ordinance, zespective City officials and other governmental agencies shall commence investigations as to whether the. physical plant of the proposed establishment is in conformity with the State law and City Council wi~hin ten (10) days of receiving the license application and state whether the proposed establishment is in compliance with the applicable ordinances, State laws and regulations. It shall further be the duty of each respective official agency, should a license subsequently be granted to the applicant, to examine and inspect ADULT BUSINESS ORDINANCE 8 ~ ~ such place licensed on a regular basis to determine continuing conformity to the applicable laws and regulations. If, during such routine inspection, a discrepancy is noted, the official notzng such discrepancy shall so advise the licensee in writing. The licensee shall have ten (10) days within which to correct the discrepancy. Reasonable extensions of time will be qranted the l,icensee if the discrepancy cannot be eliminated within a ten {10} day period. 8-I909: ISSUANCE OF LIC.~NSE: When the C.ity Clerk has received a report and recommendation from each of the afficials or agencies designated in Section 8-- 1906 and not later than twenty (20) days from the filing of the application, the City Clerk shall subm~t the license application and o€ficial reports to the City Council for inclusion in the Council agenda. The City Council shall act upon the application at the next regular scheduled meeting after submission of the application by the City,Clerk. If each of the designated officials or agencies has determined that the proposed business establishment is in conformi~y with all applicable City and State laws, and if it appears that th~re are no material misrep~esentations or fraud in the application or in connection with the investigation by the City officials or other governmental agencies, the City Council shall grant a license to the applicant. AbULT BUSINESS ORDINANCE 9 ~ ~ 8-1910 INVE3TIGATIG~T BY CITY COUNCIL: The City Council prior to the issuance of any license requested by this Ordinance, and after review of the submitted application, may undertake further investigation if it has reasonable cause to be}.ieve that the applicant has or is attempting to perpetrate a fraud or material misrepresentation on the City. Such further investigation may be completed and written findings issued at or prior to the next regular me.eting following the meeting at which such application was initially considered.~ Upon a finding by the Council that the material misrepresentation or fraud has been perpetrated either in the aPplication or in connection with the investigation by City officials or other governmental agencies, said application may be denied by the City Council. Nothing in this Sec~ion shall be construed to permit any investigation into the substantive content of the publications or films to be displayed or sold by the applicant. $-1911: MISD~ANOR: It shall bE a misdemeanor for an applicant or licensee to make a material misrepresentation on his application, to perpetrate a fraud on any inv~stigative ofticial or agency or to operate a business licensed under this Ordinance in contravention to the laws of the State of Idaho or the ordinances of the City of Meridian. ADULT BUSINESS ORDINANCE 10 ~ ~ e-i912: Ravoc~,TZOx: The iicensee shall be responsible for the operation of the licensed premises in conformity with the ordinances of the City of Meridian and the State of Idaho. Upon a conviction of the licensee or the agent or employee of the licensee of violating any Iaw or ordinance including this Ordinance, intended to protect the health, welfare or safety of individuals in this State and which violation occurs in the course of the main business activity licensed under this Ordinance, and~ not incidental thereto, ~he City Council may revoke all licenses held by the licensee under this Ordinance for a period up to and including eighteen (18) months from the date of conviction. Upon expiration of ~he period of revocation, the applicant will be eligible to reapply for a license according to the procedures and requirements of this Ordinance. 8-1913: PRiOCEDURF ~~QR LTCEt1SE REVOC•TaTI0~1: Any revocation of a license pursuant to this Ordinance shall not occur until a hearing is held before the City Council. Twenty {20) days written notice of the time and place of the hearing and the nature of the grounds for such revocation sufficient to infarm the licensee and enable him to respond shall. be given. The I.icensee shall have the right to appear at said hearing in person or by counsel to present evidence and argument on the licensee's behalf and cross-examine witnesses. ADULT' B[3STNESS ORDINANCE 1~ ~ ~ The City Council shall. make a ruling based on the evidence presenteci to it at the hearing. Thereafter, the l.icensee shall be infarmed in writing ot the Council's decision. If the Council by majority vote favors revocation, such revocation shall take effect when personal service of the written decision is made upon the licensee or an agent or employee of said licensee. 8-1914 : PRIOR I,OCATIaTi AND LIC~ISR LAP3~ : Nothing in this Ordinance shall in any way effect the rights of present adult businesses to continue their operation so long as they adhere to the provisions of this Ordinance, including submission of properly comple~ed applications within thirty (30) days of the date of this Ordinance and otherwise maintain a current license. Once an existing operation obtains a classified license, only subsequent change in classification shall be treated as a new use and must qualify under the provisions of this Ordinance. If there is a failure to timely renew a license, any subsequent application must satisfy all the requirements of this Ordinance including Section 8--1915 pertaining to Iocation restrictions. 8-1915: I~IC~N38 FEEB: (A) The following annual license fees must be paid ta the City at the time the license applicatio~ is submitted. 1. Class A License $300.00 2. Class B License $125.00 ADULT BUSINESS ORDINANCE 12 ~ 3. Class C License 4. Class D License 5. Class E License ~ $20~0.00 $ 50.00 per adult arcade m~chine $30Q.04 plus applicable fees for Class A content and fees for each arcade machine under Class D (B) The request for renewal of licenses must be made on forms supplied by the City Clerk and such requests must. be submitted by December 1 for renewal for the next calendar year. Each renewai application must be accompanied by the annual fee set forth in subsection (A) above. (C) Where an application for a new license is made after January 1, the applicable fee shall be apportioned in accordance with the number of days remaining in the calendar year. SECTION 5: EFFECTIVE DATE: This ordinance shall become effecta.ve immediately upon publication and passage by the City Council of the City of Meridian and shall apply to a11 present and future Adult Entertainment Businesses. PASSED AND APPROVED this ~th day of April, 1998. CITY ~' MERIDIAN ~ YOR ATTEST : ~-~~ ~~`*~y ,,,uatu~Nn,,,,/''y ~ ~ ~ ' •~ ~ ~j~. ~'i~ _ ~ = ~0 ~i ~ ~ L AM G. B G, JR .- CLER - 8~~ _ 4-6-95 - Final = 4 : ~s : ~ ~ . '., ~p~ tS'~ • 1 t,~~~•`• ~i~~r', ~ , ~,````.. ADULT BUSINESS ORDINANCE gI~~~Jri~~s~nti~~~~~~`` 13 • MERIDIAN CITY COUNGIL MEETING: ; • ~ ~/ / ~~~ APPLICANT: _ AGENDA ITEM NUMBER: l~ REQUEST: ~~e~~~~~s~ ~~~~- AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~~~ MERIDIAN SCHOOL DISTRICT: ~ ~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: . 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R~YID NXYARRO Bol5~.10Aft~3 ~E~ J~PUTY ~9~~~~-9 g~ E~ 2~ 9803292~ AI~NDED ORI~INANCE NO. 783 AN ORDINANCE OF THE CITY OF ME~RIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WH~CH IS DESCRIBEI} AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 36, TOtiVNSHIP 4 NORTH, RANGE .1 WEST, BOISE MERIDIAN; THE SOUTHWEST 1/4 OF aECTION 31, TOWNSI-IIP 4 NORTH, RANGE 1 EAST, BOISE NlERTDIAN; THE NOR':CHWEST 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; AND THE NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 3 NORTH, t~ANGE 1 WEST, BOISE MERIDIAN, ADA COUNTX, IDAHO; AND PROVIDING AN IEFFECTIVE DATE. WHEREAS, the City Counci~ and the Mayor of the Citv of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE I ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the re~l property described as: See at~ached Exhibit "A" fe~r the full leqal description, is hereby annexed to the City o~ Meridian, and shall be zoned L-0, Limited Office; that the annexltion and zoning is subject to the conditions referenaed in the Flndings of Fact and Conclusions of Law as adopted by the Meridlian Council on the .~equest for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner sha17. no't meet the following requirements: a. That the Applicant for this annexation shall be required to connect to Meridi~n water and sewer at its expense and resolve how the w~ter and sewer mains will serve the land. ~ I 1 Ottsr Park Annex Zon Ord . . • ~ b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That the development of annexed~ Iand must meet and comply with the Ordinances of the City ot Meridian and in par~icular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9~606 B 14. which pertains to pressurized irrigation. d. That these conditians shall run with the land and bind the Applicant, the titled owners, and their assigns. e. That these requirements and conditions of the Findings of Fac~ and Conclusions of Law and the Ordinances of the City of Meridian be met. Section 3. That the City Clerk shall ca~se one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries o~ said property, to be fiZed with the Ada Gounty Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emezgency is hereby deelared to exist, this Ordinance sha11 be in full force and effect from and after its passage and approval as required by Iaw. PASSED by the Ci~y Council and approved by the Mayor of ~ the City of Meridian, Ada County, Idaho, this ~th day of ~p~. ]. , 19 9$ . 2 Ot~~ p~=k ~eu Zoa Ord APPROVED: ~ ATT~ST: , ~ ` + ~ ~~~ - W LIAM G. BERG, JR. - C Y CLERK STATE OF IDAHO,) ss. County of Ada, ) ,,`,~~~~~~~t srt~~~~~ `\` ~ ~~~ei ~+~ S'i ~~ ~ ~ ~~i . ~ ~ ~ ~ S~L ~ _ _ ~ ~~ fi = ~`~,~ : '~-,~0,~ r ~scc ~ r .~. . . [~,~,_-~~ ~ ~ ~~~•Y -~19~'~~ ~ ~ ~'~~ ~~//JJt:i19 Tt1t1~~~~~ I, WTLLIAM G. BERG, JR., City Clerk of the City af Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an .Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 36, TOWIVSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN; THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THE NORTHWEST 1/4 OF SECTION 6, TOWIVSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; AND THE NORTHEAST 1/4 OF SECTTON 1, TOWI~ISHIP 3 NORTH, RANGE 1 WEST, BOiSE MERIDIAN, ADA COUNTY, TDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 783, by the City Council and Mayor of the City of Meridian, on the 7th day of April , 1998, as the same appears in my office. DATED thi .~ ` is~+~~~ ~: ~~~Af April 1998. . ~~~~~a~` ~yy~~-4 ~ ~~ _ ~ z Bi~L ~ ~ ' ~ ` STATE OF ID~i~ ~T t~ .'~ ~ ~` .~~~ p ~e, ``~.` County of Ada;'~,,~~ . ~~~~~` '~~,rrii~« ~~~~~N~`• ; .~ ,~ Ci Clerk, City of Meri ia Ada County, Idaho On this ~th day of April , 1998 before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged ~hat he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writ~w` ' ~`Q$L ~~ ~~ r t~~T'~r *S ~'... ~* ~ ~~~ 9 ••....•~' :.,?'E OF 1~~,~-'~ Zon Ord 2 S AND FINAL , otary lic for ldaho Residin at Meridian, Idaho My Commission Expires i 0-1 5-2002 3 Otter Park Annex Zoa Ord , : . _.. ' ' EXHIBIT "A" • ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN PARK SITE AT MERIDIAN AND USTICK ROADS A parcel located in the SE '/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particulazly described as follows: Commencing at the southeasterly corner of said SE '/4; Thence N 89°20'S1" W along the southerly boundary of said SE '/4 a distance of 2064.84 feet to a point; ~ Thence leaving said southerly boundary N 0°39'09" E a distance of 25.00 feet to the POINT OF BEGINNING; Thence N 0°47'45" E a distance of 416.52 feet to a point; Thence N 1°24'08" E a distance of 886.62 feet to a point; Thence S 89°15'46" E a distance of 1596.30 feet to a poi~nt; Thence S 0°50' 15" W a distance of 200.59 feet to a point; Thence S 89°12'23" E a distance of 435.18 feet to a point on the westerly right-of-way of Meridian Road; Thence S 0°50' 15" W along said westerly right-of-way a distance of 1074.05 feet to a point; Thence S 45°44'43" W a distance of 35.40 feet to a point on the northerly right-of-way of Ustick Road; Thence N 89°20'S1" W a distance of 2014.93 feet to the POINT OF BEGINNING. AND ALSO: A parcel located in the SE '/4 of Section 36, Township 4 North Range 1 West, Boise Meridian; the SW '/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian; the NW '/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian; and the NE '/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being those portions of Meridian Road and Ustick Road, more particulazly described as follows: Commencing at the southeasterly corner of said NE '/4 of Section 1; .. •' • ~' Thence N 0°16'00" E along the easterly boundary of said NE '/4 a distance of 1724.96 feet to the POINT OF BEGINNING. Thence N 89°20'S1" W a distance of 30.00 feet to a point on the westerly right-of-way of said Meridian Road; Thence N 0°16' 16" E along said right-of-way a distance of 883.32 feet to a point; Thence N 44°32'46" W a distance of 35.47 feet to a point on the southerly right-of-way of said Ustick road; Thence leaving said southerly right-of-way N 0°39'09" E a distance of 25.00 feet to a point on the southerly boundary of said SE '/4 of Section 36; Thence N 89°20'S1" W along said southerly boundary a distance of 2010.01 feet to a point; Thence leaving said southerly boundary N 0°39'09" E a distance of 25.00 feet to a point on the northerly right-of-way of said Ustick Road; Thence S 89°20'S1" E along said northerly right-of-way a distance of 2014.93 feet to a point; Thence N 45°44'43" E a distance of 35.40 feet to a point on the westerly right-of-way of said Meridian Road; Thence N 0°50' 15" E along said westerly right-of-way a distance of 1074.05 feet to a point; Thence leaving said westerly right-of-way S 89°12'23" E a distance of 25.00 feet to a point on the westerly boundary of said SW'/4 of Section 31; Thence S 0°50' 15" W along said westerly boundary a distance of 1078.79 feet to a point; Thence leaving said westerly boundary S 89°09'45" E a distance of 25.00 feet to a point; Thence S 44°22'41" E a distance of 28.18 feet to a point; Thence S 0°24'06" W a distance of 25.00 feet to a point on the northerly boundary of said NW `/4 of Section 6; Thence S 89°35'S4" E along said northerly boundary a distance of 14.87 feet to a point; Thence leaving said northerly boundary S 0°24'06" W a distance of 25.00 feet to a point; Thence S 56°40'25" W a distance of 36.02 feet to a point on the easterly right-of-way of said Meridian Road; .~ . .. . ~ Thence S 0°16' 16" W along said easterly right-of-way a distance of 888.45 feet to a point; Thence leaving said easterly right-of-way N 89°20'S1" W a distance of 30.00 feet to the POINT OF BEGINNING. These parcels contain a combined total of 62.06 acres and are subjects to any easements existing or in use. This description was prepared from record information provided by the City of Meridian. No field survey has been performed. Civil Survey Consultants is not responsible for any discrepancies a field survey might disclose. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated ~,~~~~~ Revised: March 23, 1998 ~^ ~~ ~~ ~~ a- ~a o~ ~ ~~3/~/9~~~ ~. ~~~,~,~, ~ ~ ~ ,~ ~~,~ \ ~7, ~~-~~ ~- SKETCH TO ~COMPANY ANNEXATION • ~DES CRIPTIONS FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, LOCATED IN SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST; SECTION 31 , TOWNSHIP 4 NORTH, RANGE 1 EAST; SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST; SCALE: 1°=400' SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN. ~ ~ MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA TUESDAY, APRIL 7, 1998 - 6:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: x RON ANDERSON CHARLIE ROUNTREE x GLEIVN BENTLEY x KEITH BI'RD x MAYOR ROBERT CDRRIE 1. REVENUE FORECAST REPORT BY DAVID EBERLE OF W. DAVID EBERLE CDNSULTING, INC. ~ • MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 7 1998 The special meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 6:28 P.M. MEMBERS PRESENT: Glenn Bentley, Ron Anderson, Keith Bird. OTHERS PRESENT: Gary Smith, Bill Gordon, Shari Stiles, Tom Kuntz, Will Berg. ITEM NO. 1: REVENUE FORECAST REPORT FROM DAVE EBERLE: Corrie: At this time I will open the meeting and invite Mr. Eberle to ~speak to us. Eberle: Thank you, Mayor, Counailmen. I'm David Eberle of W. David Eberle Consulting, Inc. Business address is 760 Harcourt Road, Boise, Idaho, and this evening I am to present a revenue forecast that I had completed for the City of Meridian on January 25, 1998. Given the informality of this particular meeting, I guess get questions or confusions at any point, let's just stop and cover them, I think I'll just generally start page 2 after the executive summary. And just kind of go through the methodology, the results, and some of the interesting attributes of your budget for you. And then talk a little bit at the end how this fits into capitol improvement planning which the forecast is actually a first step towards developing a capitol improvement plan for the city, so we'II move into a more generaf discussion at that point. The first thing, talk a little bit about forecasting. Two ways to forecast. One is called a causal model and all that you are doing there is you are going to each factor and so you'd look at number of building permits, and then look how many building permits are going to go out, and then you are going to look at each revenue producing unit, and look at the underlying factors that will make fhat either increase or decrease, and that's called a causal model. They are very complex and quite sophisticated. The other way of forecasting is to simply say tike weafhermen do the best predictor for weather tomorrow is what you had today, and that's time series. So you take last year's data and saying if you've earned "x" last year, you will earn at least "x" this year. Then if you back a few more years and say you have grown on an average of "y", then we can take this year plus "y" and come up with the next year's growth. Those are very straight forward and much simpler to use. In fact when you look at the literature on this particular issue, there's really no statistical difference in the quality of the forecast between the two methods. However the causal gives people more comfort because they can get into the detait, particularly accountants and whatnot who like to see it. But in terms of validity for projecting expected revenues, they both predict fairly well. The second thing to remember about forecasts is they are simply a marker in the sand. Whether ii's causal or time series, what you are really saying is that if the future behaves as the past did, we'll be there. It doesn't matter which model because you are using historical data to get there. So assuming the future is Iike the past, this will be the outcome. Well, the one thing we know for sure is that the future is never like the past. It never has been, but it does provide you a marker so as you move towards that point, ~ ~ MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 7, 1998 PAGE 2 you can see whether your revenues are above or below what you projected, and if they are above, you can count on surpluses, and if they are befow you know you need to get your aost cutting measures out. And that's really the function of a forecast is to provide decision makers with a marker so that you have a better idea of where you are headed down the road. Now looking at the time period, if you want to go out ten years, you should look at ten years passed. That's sort of typically the way you do it, so you have ten years of historical data, take you out ten years into the future. When you do a ten year forecast, and I am going to refer you to page 7, briefly here, your closest point to reality will probably be in year five. So if you are going to do a five year forecast, you really should be doing ten when you are using histor-ical data, because what happens one year out the best way to do one year is you really sit down with your departmental managers and you go through the accounts and you know how many light bulbs and you know what the janitor costs, and you really get a good close handle o it. Rather than a historical average which takes several years into account. And of course by the ten year period out, what happens is that there are enough underlying changes that will occur that will deviate from what you projected to make a totally different scenario happen. You have a recession that you can't forecast. We find out China gets too excited and lets loose their nuclear bomb. You never know what happens, so this particular graph just shows you typically the variance above or below an average. We're probably closest five years if you are ten years out. And that's what this particular forecast does is uses ten years data which really then says the fifth year is the year you want to look at. Next year won't be that accurate. Ten years out won't be that accurate, but the fifth year will probably be a pretty good guess. On page three just to give you an .idea, you begin to look at some of the issues, and one of the things and this comes into the capitol improvement plan, someone needs to start collecting the demographic changes that are occurring in Meridian, and you'll want to do that by population, probably by race. You'll want income, housing stock, and other information because one of the things you'll see on this - did you not get page three? What happens if you look here, look at your population change in that seven year estimate. It's just horrific what's happening and the character of the city is changing so fast that your preconception from what you think you know about the town could rapidly become outdated, and this was really one of the challenges that - this is one of the challenges cor~fronting the city, and all departments at this point is what you think you know probably isn't true because of how quickly you've been changing, and on page five, it shows that even more dramatically for you. O.ne of the things that I've done is taken some sub groups of the revenue sources for the city and what you have is the first finro items. The item is to aggregate, your general fund. Then I break out from the general fund to property taxes, building permits and state apportionment and of course the pub~ic works is what you call your service funds. But just to look at what happening is that you are changing from `96 to `97 18% increase in your revenues. '96 to '95 was a 25% increase. Now this two year trend, it's decreased a little bit. The ten year ~ ~ MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 7, 1998; PAGE 3 average increase is 56% per year. That is the average increase of your general fund which tends to tell you that every three years, you are doubling your revenues. This gives you an indication as to why the numbers by ten years out look so wild. The issue here, will your growth continue at this rate? Bird: Business wise I hope so. Eberle: Well, except that it's just so di~cult to manage the revenues and costs when you are growing this fast. And you come down to looking at your building permits. That's 184% per year. Bird: And we took a drop last year. Eberle: Right. You actually decreased 20%. This is the kind of variability that really makes for a wild ride. I think iYs called "riding the tiger." And the city really is when you look at these numbers. They are just dramatic, and so using the historical data to predict forward, I had a great deal of renaissance in suggesting that this is what's going to be ten years from now. I left these in, but I also then took a serious factor and dropped them down to about 12% which what you will see later in the report is I gave you an upper boundary and a lower boundary for the forecast. The upper boundary are these growth rates you see here which I- maybe you will make those, I have no idea. If this drop becomes a trend, wfiich I don't know, on the general fund, it shows you are increasing at a decreasing rate. Right? 25%'95, '96. 17"96, '97. Maybe it will be 15% '97, '98. I don't know until those numbers come in. I picked a growth rate close to about 12% on the conservative side. My guess is in the next five years, you will probably make that. Those are probably safe numbers even if Asia explodes. And it will impact this valley, because of.our agricultural foundations. A tot of products now move in fhat direction. One thing about the model that deeply concerned me were these growth rates. The next thing that I needed to do here is on these numbers decide not only doing general fund, what particular sub account should i forecast on. And so on page six gives you an idea of how I broke out the general fund. I forecasted the general fund by itself on its history and then I forecasted these particular sub - well a number of these sub categories. One of the things that you see is that out of the general fund, property taxes are 43% of your budget. Now, that's good and that's bad. It's good in the sense that it is a reasonabty stable revenue source, and so from year to year you won't expect it to decrease dramatically, increase dramatically. You won't see the kind of things you see on the previous page for example with building permits which actually fell 19%, and that can be devastating if all your revenues fell because you will have you operating expenses. Your second largest category is building related permits. Now that is very volatile. You have two revenue categories here. You need to watch out for. Building related permits and once the parks program goes, and if's down here under recreation. ~ • MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 7, 1998 PAGE 4 It's not very large yet, but in your account 350 are your parks impact fees. The thing to keep in mind is when economic growth slows in the valley, property tax growth rates will slow. In other words if you made $5,000,000 from property taxes last year, this year it might be 5.1, 5.2 Building permits will go negative on you. You might have made three million from Iast year, this year you might make 1.5 million. It will actually drop the amount of money. The two accounts are business related permits and your park impact fees. As a matter of fact all impact fees will do that, because they are growth driven. If your building permits drop off, or building drops off, those accounts go negative on you. And that introduces a volatility. And one of things you can see here is that building permits is a very substantial portion of your revenue. State apportionment again as long as we don't have any more horrific acts of God and the future governor doesn't rob it to have to pay for flood damage or earthquakes or whatever, again the state apportionment should behalf similar to your property taxes. We go into recession, you may see a modest decrease, but it will be temporary and it wori't be dramatic as you will in the other accounts. The down side to your property tax and all of us have lived in Idaho long enough to know now that there is a real resistance to the use of property taxes. People will give you lots of arguments as to why we shouldn't have them. They're regressive, they're capricious. They don't match the services, they go on and on and on. Irregardless of irrationality exists, and there's two way you need to watch out for on fhis one. One is simply a one percent initiative. Right now we are in essence operating under that, but it can't increase more than three percent per year in the value. So it's not going to be a fast grower for you, That restriction is already on there. You can't increase the revenues greater than three percent. The second thing you need to be careful about particularly in Meridian is what the democrats have been proposing to the legislature to head off the one percent, which concerns them greatly. And that is increasing the residential homeowners deduction. If your property is predominately residential, and they dump that deduction up, you take a serious one time hit to this particular revenue. And the more heavily laden you are with residential relative to commercial, the worse it becomes. Now you are escaping through that period as far as I can tell by driving around is that your commercial sector really is starting to develop, and that's a positive you should encourage. You want that mix for revenue base. You get into trouble when you have - it's like anything else, you don't want all your eggs in one basket. Well, the sarne adage appeals here. Now when you move towards your business, one of the areas that's very small, your franchise fees, and I notice you don't have Idaho Power in here. You are hooking them up? That will be done this year hopefully, because under deregulation, you know, they may be slipping. out from that if it weren't already imbedded. So things like franchise fees, business fees, you know, are very small proportions, but there's something you could look at that if the specific services you provide to get them in. For example, the City of Boise as you do contracts with Ada County for cleaning the roads. The one thing Boise found is that downtown needed to be cleaned more. than once a month. Whereas Franklin Road, that's fine. Downtown Boise, where there are lots of shoppers and particularly where the dirt gets into the gutters, it looked bad. So they created a business improvement district where • • MERfDIAN CITY COUNCIL SPECIAL MEETING APRIL 7, 1998 PAGE 5 they actually pay Ada County more money to clean the downtown area. But as you look af particular services that promote commerce be aware there are ways of bringing that funding in. Don't rely purely on property taxes. It's always easier to get - as my tax professor in graduate school always said, and it's true adage for all public officials, you want to pluck the chicken with the least amount of squawks, and that is not a cynical statemenf. If we were to get all the taxes and force consumers to pay it at the beginning of the year, 42% of their income would be gone. No one would tolerate that. Because it all comes in a lump sum. You need to spread it out for when the transaction (inaudible), and when you do that people want the services. Take the service away and you find it out. It's just they don't really want to see how they are paying for it. And so it's this (inaudible) almost that you need to do with your revenue collections to tie the revenue collection with the service whenever appropriate. That's why impact fees have become so popular. Because the new development is imposing the new cost for the fire station, for the new schools, for the new roads, and they are saying, well then you need to pay a portion for the parks, and you know, there's a general acceptance to that. It's different than the old averaging system that we used to use, so what I've done is I have forecasted by property taxes, by building related permits, and state apportionment, and other, and that's on page eight. So what you will see here is there's a series of categories that have been picked. What you'll find is if you look back on page five, they have different growth rates. So whereas in the general fund it averages all out. If I do it individuafly, I'II get different trends, and therefore they won't neeessarily add up when you look at the different categories, but they are not meant to. It does help to identify trends particularly for building permits where you have got hopefully dedicated funds to the building department and building related issues to developers. I mean they really don't like feeling fleeced by building permits. It should be tied. There's legitimate reasons for that. And certainly the public works fund services again dedicated. So then when we look at these, you'll see there's two columns, given yowr (inaudible). So 1987 on page eight looking under general fund, you'll see $986 in the two columns, and what that says is that's an actual number. In 1987 that the general fund budget, our revenue collected was a little million dollars. By 1992 that had grown to over two million dollars and '98, you are looking at a budget in excess of nine million dollars. If we were to project fhis growth rate into the future, as you have historically - that's why it's called the historic general fund, it would say some where five years out, you'd have about 24 million, but notice this is a compounding. You are increasing at an increasing rate. Sort of like what a virus does in your body. By the year 2007, you've got this absurd number, and I can't justify it. I just - you know, I don't even want to write them down, except that is what fihe statistic say. So then the adjusted growth, basically I just whacked it down until I got something that looked fairly reasonable. There is no good rationale for doing that. If you go just passed page 15, you'll see Appendix "A". The first one should be under Appendix "A", the general fund growth. Is that what you've got? All right, this a pictorial of what you are seeing on page eight, and what you've got in red is the historical growth and as you take the green, you see it going fairly flat from '87, '89 it starts its increase. There's a bit of hitch in there because you did level off'96 • . MERIDIAN CI~fY COUNCIL SPECiAL MEETING APRIL 7, 1998 PAGE 6 and '97, but basically if you were to follow that curve, you'd find that the red line is basically just a non-linear extrapolation of the hisfory. So I basicalty brought it down to a linear trend in essence. TechnicaF jargon, if you want to know what logarithms are, logarithms just linearize flatten out non-linear line. So in essence the natural log of the historical growth. All right, it's a statistical technique. We just flatten the line out, and that's what I've done. Bird: ThaYs probably more realistic then, David. Eberle: I would think it's more realistic and if it were my business and I were force to project, I would be looking at the green line and planning on that and taking the extra funds and be looking at some of those longer term infrastructure projects that would be beneficial and if you can build things on cash, you save yourself the interest. And #haYs one of fhe things you can do with that surplus if you are conservative on your fiscal budgeting with the green line, anything that goes above it goes straight into a capitol building fund. And you know you start operating a cash basis to build future infrastructure. You're in good shape. So you can look at table four two ways. Either the numbers themselves or flip back to Appendix "A" and actually look at the graph. There's nothing wrong with taking a midpoint and literally just taking a pen and drawing a line and saying well, we could possibly be spending somewhere in the middle and being okay, and you probably will within the next four to five years. And this obviously deteriorates the further out you go. It's something that should get done each year. It's a matter of course, and so you've got next year's budget plus five years out. And you always have that each year, and that five year changes so that you can anticipate (inaudible) numbers are deteriorating. It also means you have in plaae the mechanism that if the state legislature ever decides to change your revenue funding sources, you've got the historical data to go back and re-compute and calculate what the potential impact will be on your firm. Table five is the median in between the two. And I will (inaudible) shortly. This is actually the mid point between the upper and lower, table five. So this is as if you've drawn a line in befinreen them. Well, it's what I would probably consider the upper range. I would consider this the upper range. The adjusted historical, I would consider the lower range. And i fhink you will be fiscalfy conservative. It just worries me so forecasting on 65% annual growth rates. I mean I would love to have a company do that. If it's going to continue. It just really make me nervous to even have these kind of numbers published just because they are so dramatic. And it really says what a remarkable job the City of Meridian has done under these kind of growth conditions. Bird: And this is the fhing and I think you are right when we say we have to still be conservative in taking any extra and then we can do our infrastructure stuff without having to finance it or anything. • • MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 7, 1998 PAGE 7 Eberle: Right. Starting on page ten, I basically just talk about some of the issues that may be affecting the general fund and then each particular revenue account. In the next two to five years, typically one of the things and particularly if you are going to deal with revenue forecasting is that recessions give you lots of warning. They don't happen out of no where. For a recession to occur, there's got to be two quarters or half a year with economic indicators are actually going negative. And so that gives you time for what they call leaving indicators, which means the stock market sfarts to fall. Coincident indicators which means earnings reports on businesses start to fall and lagging reports, the unemployment rate starts to rise. I mean there will be lots of news. Somebody will jump the gun, and you know, you watch this at all, you'll see it happen. Someone will jump the gun. One month unemployment will go up. Boy they will get an economist out there on the news telling you, "Oh, baby, it's a recession." Man, you got to wait six months before you really know. A lot of times it will go up, flatten and then start to go up again, and in fact that's been our periods, our pattern since '92, which is, really the last recession, because we've grown, flattened out, grown, flattened out. And there are a number of reasons ~y we are doing so well. The stock market makes me a little nervous just because it's so high with price/earning ratio. But the reason is that our infrastructure nationally our plant and equipment had gotten old. It used to be about eleven years average age plant. We let it slip to eighteen years age. What we're doing in the 1990's is we're rebuilding that plant - that means some plants are brand new, some are fwenty five years old on the average. We're bringing that average age down and that's really whaYs prompting this growth in the '90's. It isn't anything mysterious. What could stop reinvestment would be a collapse in Asia. I think if you saw that, you would expect the City of Meridian revenues to fall off first through your state apportionrnent allocation. That would go because sales tax would fall sale, Micron Technotogy, H.P., Agricultural Exports, timber, which is an agricultural exports, all those would start to fall. So if you see that happen, plan on telling your managers, you want to slow down. That probably is the biggest cloud on the horizon. I'm a little worried about Sadam Hussein. Always wars decrease any kind of activity. And high anxiety means that, so as far as 'I can tell, there really isn't anything that's going to adversely affect your revenues from the economy standpoint. The only other thing would be watching the legislature to see whether they are going to pull a stunt on property taxes, and iYs why you need to look in my opinion for city growing at this rate needs to look at impact fees as an altemative to funding infrastructure. lmpact fees require planing by I~aw. It's not an option just on fiscal management. Legally you need to do that, but what it does do is while you are growing, you are collecting the money to put that infrastructure in place. And you wor~'t find yourself in a situation, putting a bond out expecting your property tax to pay it over the next twenty years, and then getting whacked on the way that you are able to collect the revenues. I don't know where it's - I keep thinking it's death, and you know, it just keeps re-emerging, and clearly it's there. Property taxes, we've talked a little bit about what's going to happen with them and who knows. Clearly your property taxes will grow more if you promote commercial because the value is higher. IYs higher on the land and higher on the building. • • MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 7, 1998 PAGE 8 Bird: No 50%- Eberle: Well, yeah. No homeowner deducfion on that. Really, it's - if you look at residential land, you know it will be $12.00 to go commercial and will be $24.00 per square foot. And then the building is typically is multi-story versus single story. It's why the property taxes tend to go up, and again you know a two story commercial structure takes the same fire truck as a one story ranch house. And yet you are collecting more taxes that can be used for the fire department so they become a little less expensive to service. Now, multi-story, it doesn't, because then you've got to purchase the equipment to handle tall buildings and special training and whatnot. State apportionment, you know, I basically on this one, watch Micron and H.P. They come out and say they are.going to lose money this year, your state apportionment will fall. It's really scary that they have that large of an impact on our sale tax, but they do because they are so large. And that's an easy way to see whether you are going to get the money. Again, I don't see anything on the horizon that suggests our economy is going to stall out in the next twenty four months, and beyond that iYs impossible to say. Business licenses are srnatl. I think it's an area to look at. If there are services that you can tie directly, it's called a user benefit tax, in fact. That the beneficiary is the one paying the tax, rather than averaging it. Property tax is an averaged tax where everyone puts in and the beneficiaries get paid out for the service. It isn't as direct a tie. And I don't know where the political winds blow on this one. But it just seems to me that people are clambering for user benefit fees rather than an average tax system, and that may be fhe way you need to go in the next, you know, it will check. No doubt, 20 years from now we will be back to property taxes, but it's something worth looking at. And particularly Idaho Power Company, and I'm glad to see that you are going to do that. And there's plenty of justification for it, because taxing a business is what is called an indirect tax. If you tax a citizen, it's a direct fiax, because a citizen can't hoist it on anyone else, whereas a business can typically shift it through their pricing on to the consumer. So the thing to keep in mind if you move this direction, if you tax one business, tax them all. And that way you keep the competition on a level playing field. And that's irnportant. Recreation, you're wildly behind on this, but it's not surprising. ~th this kind of growth, parks really are down the list. It's water, sewer, roads, police, fire, you know, those you need to do, and now I think you are having a large enough staff, you're considering recreation, but what you do find when people talk about quality of life, this one figures in prominently. They take for granted what Gary does with water. They take for granted what Gordon does with police. But if the park isn't there, then they are upset. So this is an area that you've got the impact fees started, and I think with additional revenues, this is an area to watch because it will grow dramatically on your budget. But remember whatever you are using with the impact fees, they will tend to fall during times of slow growth. They will actually go negative and you need to be aware with it. Your service funds, the water fund and the sewer fund, basically they are a user benefit fee. Because they are directly tied to the beneft of the water and the • • MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 7, 1998 PAGE 9 sewer hookups, pay your hookup fees, you pay your monthly fees for water. I mean it's a self contained system. And because of that you have far greater control over what revenues you collect by managing and looking at those revenues along with the growth, you're able to adjust the fees to match the expenses that are tied to growth, and so these are really different than police, fire and building, because those departments don't have control over the revenue source as you do with the service funds, and so these with proper management as it appears you have had are looking solid and you shouldn't have a great deal of trouble there. I don't know what else to say on that. In conclusion basically as again on the front page, you've got a good base. You need to watch and diversified to the greatest extent possible and that you mitigate any unexpected down turns. You also by broadening your base diversify the sources so that you stabilize the income. The worst of all worlds is to have an income base that jumps up and down forcing layoffs and rehiring. You lose the training. You lose the expertise. And you also tend to destroy morale (I want to spell that correctly.) Beyond that woe the rest of this stuff. Just for Will. For your financial, this is the data base, the actual numbers that went into it. And the mechanism as to how it's done. You really don't need to look unless you want to look at how the numbers were a~eraged or where they go. So that is your forecast. I'm sure that 90% of the cities in the United States are wildly jealous of a forecast that would look like this. They probably don't want your growth but they'd sure like the revenue growkh on it. This was originally done because Shari was charged with the responsibility of developing a- or updating a capitol improvement plan for the City. What you know is that part of the comprehensive plan has a component capitol improvement plan. The way that stands now, you've got everything but the kitchen sink thrown in there. Capitol improvement plans mean items that will last the city ten years or longer. It shouldn't have number of employees in it. It should only have the infrastructure of the fire house, city hall, parks, items that are durable and that are going to last longer than ten years. You really cannot plan for new capitol improvements until you have some idea of what your revenues are going to be, nor can you really plan on a capitol improvements until you have some expectation for what your operating expenses are going to be, and that's your manpower, personnel and your contract services that move out. You need to forecast those items, deduct it from your revenue source and that gives you the difference or the incremental amount that you then have available for building durable capitol equipment. And you are able to decide do we need to bond this? And if so how much can we afford as a bond without disrupting fhe operations of the city. So really what we're coming down to at this point is improving the planning process for the city. Because the capitol improvement plan is not something on the outside that can just overlay. It is integral and rnust be generated from each department. So one of the things that I also did for Shari was go through a capitol improvement planning needs assessment. And really was a cursory interview with each department as what they are doing, how they're doing it, ~nd what they see as some of their needs. Mayor, did you hand that out so they all had a chance to look at it? • • MERIDIAN CITY COUNCIL SPECIAL MEETING APRIL 7, 1998 ~ PAGE 10 Corrie: Not yet. Eberle: Basically there's no surprises in there as to what the recommendations are, and before I get I want to spend a little bit about what a capitol improvement plan really should be. For each department, whether it be the fire, or the police or administration for a city hall, some of the issues you first have to do is to look at and identify what's the appropriate service level and what service level are you currently providing. So where the ideal is, where you are relative to it~, what are the commitments for the remaining service capacity you have. (Inaudible) have been forced to do this with sewer. Heaven knows that's one of those of things you reatly don't want to run short on. You know, what's your remaining capacity which gives you your time line and where are the existing deficiencies you need to recover. So you've got to through the planning process and develop a base line. Then you need to identify whaYs the project that needs to fake place to maintain the service level you feel appropriate for the City of Meridian. That's your second step. Now based on the first decision, some of those plans are ten years out. Some are two years out, some are five years out. Each one requires a different strategy. Ten years out you can simply use a per square foot ratio for a new fire station or city hall because ten years, I mean who knows what it's really going to cost. $10p a square foot, we need a 5,000 square foot building, bingo, you've got an estimate for ten years out. If it's two years out, that isn't going to work. Because if you are hoping to have it built in two years, you better be looking at architects, engineers, land acquisition, all those steps. You need to be very detailed. In five years, you are obviously somewhere in between in that process. So again you need to be tooking where you are at on this. That of course is the step, developing the time line for building the new projects. When do we need to start looking at hiring an engineer, hiring an architect, hiring a financial advisor, an underwriter if it's going - looks like iYs going to need to be funded by a revenue bond or something else. And that is something you should do each year. Obviously the first year you start this, it's a horrific management initiative. Because you are starting from ground zero to make it, and you can expect to not be pertect, and yes, I used of seat of pants estimates to get it done. But once you've gone through the process th.e first year of identifying service levels, remaining capacity, deficiencies, what projects to remedy or maintain service, time lines, once that's all in, the next year through is a lot easier. And the third and fourth year through it becomes easier still. Much of it is already started. Your annual budget, you basically have #o do a one year forecast now. And basically taking it from last year what to expect this year. That needs to be broken out befinreen operation and capitol. What do I need nexf year? What do I need five years out? You need to have the five years out, and you probably should have the twro years out; because the two years is wlien #hings start happen. When you are starting #o actually develop a project, that two year forecast becomes terribly important. If you are not trying to build for five years, a two year is just a linear extrapolation of a one year. It's not important. But you really need that for when projects start to develop. And that needs to be done every year as a matter of budgeting. When they are doing their annual budget, they are also doing a . ~ MERIDIAN CITY COUNCII SPECIAL MEETING APRIL 7, 1998 PAGE 11 finro and five year focecast for operations, and they are doing the same for capitol improvements. You tie that with an annual revenue forecast, now as decision makers on behalf of the citizens of Meridian, you are able to look at capitol requirements as your department heads see it; the projected revenues that you are likely to have and you can make a pretty good decision as to whether or not you can go forward or what basis you can go forward whether you need to bond it, whether you can pay for cash flow basis, or whether it's some kind of mixture that you can look at. You might prefer a like what Ada County's doing with their court house and do a lease buy back arrangement because you've got the cash flow and allow all the financing to fall on private hands. You don't have to deal with any of that. But you're confident in having the revenue stream to be able to go forward on that basis. Now capitol improvement plans could also take one more step and that is to look at an impact fee program. That each time you get these and what an irnpact fee program simply states is that the portion of the new structure is cawsed by new development can be charged to the new development, and there are several steps that you need to do that. First you've got to figure out a mechanism for allocating what portion on a rationat basis. Then you need to figure out an appropriate fee ratio mechanism, how much is a residential, how much is a service, and then iYs simply tied into your building permit basis. The (inaudible) to this is you better be building within ten years if you are going to get your money back. You've got to know you're going forward and you see with - once you've the plans in place, once your forecasting is a matter of course and these things are just happening you're provided with those numbers, you have the kind of confidence to be able to put those program into place and not stay awake at night worrying about, gee, you know what happens if we don't raise enough money and we have to give the money back, or we started buying it and we're committed to doing this on some kind of financial arrangement and have to stop. That is basically where the revenue forecast should fit into capitol improvement planning. So then I looked at a needs assessment report and came up with some recommendations, and really you know at this point they are very elementaf. You need some form of foundation for making a one, two, and five year needs forecast for both operation and capitol structure. Those typically are your demographic indicators. In talking one preferred Idaho Power's report and another department preferred Boise Water hookups or their own hookups and you have a number of demographic indicators that feel good as to the type. Well, that should all basically have someone collecting that data into a comprehensive report that becomes available at a certain time of year so that department heads aren't having to allocate resources to collecting that. There should be a clerk who simply calls Ada Planning, simply calls Idaho Power, it's now John Church, simpty calls Boise Water, whatever the demographics that the departments want, and it comes in annually, gets updated annually, and you have the process, it's formalized so that the data is there to make the forecast. Each department needs to generate what their indicators are then tell them where the growth is. The Fire Department has certain miles per truck. Police has population per officer. You'll come up with your ratios. The next thing that needs to be done is quite simply someone needs to be in charge of this. Somebody needs to do the • ~ MERIDIAN CITY COUNGIL SPECIAL MEETING APRIL 7, 1998 PAGE 12 revenue forecast, collect the departmental forecast and put the two together and see where you are, whether in fact that the needs exce.ed the wants. Or rather the needs exceed the revenues. You need to have someone put that together so somewhere along the line, you know that's an organizational decision by the Mayor, that needs to get done. Additionally, you'll want to make it as easy as possible so you really want to have it done on the same program so the person compiling the data has it coming in a format that's easily accessible and it really becomes a two way street because what will happen after the first couple of years is the department heads now will have someone over in finance has a historical data all lined up, because each year they put in last year's plus forecast. Now that's on record and as you start to forecast, now you've got some historical data by department and not only that but by each sub account. So you've got your janitorial and your light bulbs, your utility bill and you can begin to see, oh gee, we really need to (End of Tape) -- rechange light bulb and you laugh when I talk about light bulbs, but I'11 tell you, they are expensive. And oh, we changed vendors, and boy you know it will show up and you're to able to save money. It becomes a very efficient planning tool and it also facilitates and down the road, granted first year is pain and suffering, but down the road it becomes much easier for the department heads to manage their budgets much more efficiently. Ideally you want to get nefinrorked given that you are in a multitude of building, it really isn't there at this point. I think using either e-mail or simply just get and walking it are your best bets. I think anything beyond that is probably just excessively expensive. Anderson: (Off the microphone - inaudible) Eberle: You know it can be. I think you know, on a need basis woutd probably be smart. Not all machines need to linked. You get into issues of site licensing versus individual licenses, software, and I think there are a number of things that would drive that. You know for example I would the Mayor's office and the Treasurer's office should be linked and the Treasurer with the City Clerk should be linked. I mean those are obvious links that would use similar numbers and want a reporting issue. But I think those come along as you grown, and again given the change in technologies, you want to be fairly cautious as to what you spend on your money right now. Even I being an economist get tra p ped and wa s t e m o n e y y o u k now on computer equipment. I'm about to go back to a lease and the heck with it. I'm just going to pay them $50.00 a month and you know, turn my machines in. There are a number of next steps that can be taken that f think I'll just briefly menfion, but not get into. If this is something the City decides to go forward with, you'll need to sit down and start interdepartmentaf process, that each department understands what the forecast process is, provide the resource to help them, because clearly under this kind of growth, they've got full time jobs already, and to provide them fhe resource to get the forecast up realfy is not only responsible, it will pay you big dividends and "A", it gets done, and "B" it gets done with enough ~ ! MERIDIAN GITY COUNCIL SPECIAL MEETING APRIL 7, t998 PAGE 13 attention paid that it works as you know with the insurance fund, it can have problems it not appropriate attention is paid. You get ones done by each department and even the departments that don't have capitol improvements, they need to have operational, you know, do you need more clerks, do you need more accountants, do you need more billing personnel because you need to add that in to se where your revenue surpluses or deficiencies may arise. You get it done and then you plan one year to go back and find out what the experience was, and get it done for the second year. Because by the third year out, it should become routine, and a valuable planning tool rather than a burden. And I think if done correctly, that can be achieved and actually probably relieve time down the road, whereas right now the next two years you'll have increased time. So basically that's what I have. Thank you for your time, Mayor and Councilmen. If there's questions which undoubtedly there will be, my number - please calt. I think it's terribly important to understand there's no such thing as a dumb question. Sometimes just talking about it, you know, clarifies issues. This is what I do. You do other things that I don't know about. So this is not stratosphere stuff. It really isn't. Bird: Maybe we can sit down later on closer to the budget time with you, David, if you don't mind. I make a motion that we close this special meeting. Bentley: Second. Corrie: Motion made and seconded. All in favor say aye. IVIOTION CARRIED: All aye. IVIEETI'NG ADJOURN'ED AT 7:30 P.M. (TAPE OF THESE PROCEEDINGS ON FILE) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK i ' ~ SECONDED AMENDED REgOLUTION NO. 161 A RESOLUTION OF T8E CITY OF MERIDIAN PROVIDING FOR FEES FOR RE3ERVP,TION OF AND UST OF MERIDIAN PARK FACILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Pursuant to Idaho Code, 50-302, the City of Meridian is required to make, and may make, all such ordinances, by-laws, rules, regulations and resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers in Title 50, Idaho Code, granted, to maintain the peace, good government and welfare of the City and its trade, commerce and industry. WHEREAS, it is in the best interest of the City of Meridian to establish reasonable fees for the reservation of Park facilities in the City of Meridian to preserve the peace and tranquility of the parks, prevent overcrowding of the facilities, to provide funds for the maintenance of the parks, and to recoup some of the costs that the City incurs as a result of processing the applications for reservations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: l. That the fees set forth herein and adopted are reasonable and reflect, as closely as reasonably possible, some of the costs of the City to process the various reservations and a portion of the Park maintenance costs. 2. That there are hereby adopted the fees set forth below PARK FACILITY FEE RESOLUTION Page - 1 • ~ for the reservation of Meridian Park facilities including the period of time set forth, as follows: A• Park Shelter Reservation 0 - 50 people $ 25.00 51 - 100 people $ 40.00 101 - 150 people $ 55.00 151 - 200 people $ 70.00 201 - 250 people $ 85.00 251 - 300 people $100.00 The above reservation fees are for a four (4) hour period of time. Additional time shall be charged at the rate of $10.00 per hour. B• Softball Field Reservation $7.00 per hour 3• That persons, associations, corporations, and other entities, desiring to use the Meridian park facilities shall apply at Storey Park for the use of the facilities, reserve a time of use of a facility, if their requested time is available, and shall pay the appropriats fee to the City Clerk' s office . The City Clerk' s office shall keep a record of the scheduled times and fees paid for reservations. 4• If persons, associations, corporations, and other enti~ties, using a park facility have not reserved the time, have not paid the appropriate fee, and/or are using the facility at a time that has been reserved for another person, association, corporation, and other entity, they shall be removed from the facility, either by City of Me'ridian park employees or by the Meridian City Police Department and they may be cited under 8-1618, FRAUDULENTLY AVOIDING PAYMENT OF ADMISSION FEES, of the Revised and PARK FACILITY FEE RESOLUTION Page - 2 ~ ~ Compiled Ordinances of the City of Meridian, for failure to pay the Park facility reservation fee. 5. A list of reservations for a particular park facility shall be mai.ntained at that particular facility so the public may be informed of who has reserved the park facility; if the reservations have been removed from the park facility the list maintained by the City Clerk's office shall be controlling. 6. The parks of the City of Meridian shall be open and available for use from 7:00 o'clock A.M. to 12:00 o'clock midnight and a11 people shall vacate the City parks no later than 12:00 o'clock midnight. Picnics shall end at 11:00 o'clock P.M. which gives picnic users of the parks one (1) hour to clean up and vacate the park. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, this 7t'' day of April, 1998. APPROVED: ATTEST: `~~~„icia~~~rirtta «: c~~~,~•~ ~ ~~'''f'~~''r ~~ '~ ,T ~s4 ~`i, c*~ ~, ' ~p' ~''°~ ,=9~,p > +:.•, w.iJ~ ~~~~r~9 f^ I 'i~ r I~~I~~~ `~ ~ I ~ ~ WILLIAM G. BERG, J., ITY CLERK~ = 4-7-98 - Final ~ ~~~L ` ~' ~~S' ~ : ~ . ''-,, ~t~ ~ r ~s4 • ~,~?,'4~ ,, .~ ~ ,. , c ~,. ''~~`y~~i~~r~ r~ y~~~~~~~`, PARK FACILITY FEE RESOLUTION Page - 3