HomeMy WebLinkAbout1998 02-17~ ~
MERIDIAN C1TY COUNCIL
AGENDA
TUESDAY, FEBRUARY 17, 1998 - 7:30 P.M.
CITY COUNCJL CHAMBERS
ROLL CALL: x RON ANDERSON x CHARLIE ROUNTREE
x GLENN BENTLEY x KEITH BIRD
x MAYOR ROBERT CORRIE
MINUTES OF PREVIOUS MEETING HELD FEBRUARY 3, 1998:(APPl20VED)
MINUTES OF SPECIAL MEETING HELD FEBRUARY 6, 1998:(APPROVED)
MINUTES OF MERIDIAN C1TY COUNCIL/RURAL FIRE COMMtSSIONERS HELD
JANUARY 31, 1998:(APPROVED)
TABLED JANUARY 6, 1998: ORDINANCE #788 - FISCAL POLICY
ORDINANCE: (TABLED UNTIL MARCH 3, 1998)
2. TABLED FEBRUARY 3, 1998: REQUEST FOR INSTALLATION OF SEPTIC
SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES:
(TABLED UNTlL MARCH 3, 1998)
3. REQUEST FOR CONDITIONAL USE PERMIT FOR tNCLUSION OF A DRIVE
THRU WINDOW ON THE WEST END OF A NEW ADDITIDN TO EXISTING
CHERRY WOOD RETAIL CENTER BY W. ROY ~ RICHARD BROWN - SW
CORNER OF CHERRY LANE AND LINDER ROAD:(APPROVED DENiAL
DECISION)
4. PUBLIC HEARING: REQUEST FOR VARIANCE TO REDUCE THE NUMBER
OF PARKING SPACES REQUIRE'D FOR B-II L.L.C. (RAMA SUBDNISION):
(CITY ATTORNEY TO PREPARE FINDINGS OF FACTS AND CONCLUSIONS
OF LAW)
5. FINAL PLAT FOR CENTRAL VALLEY CORPORATE PARK NO. 6 BY R.T.
NAHAS AND RAFANELLI NAHAS - SW %4 SECTtON 18, T3N, R1 E, BM:
(APPROVE FINAL PLAT SUBJECT TO STAFF AND AGENCY COMMENTS)
6. WASTEWATER DEPARTMENT - ADMINISTRATfON BUILDING PARKING
LOT DRAIN CHANGE ORDER: (APPROVED)
7. AGREEMENT WITH ACHD - ROADWAY RECONSTRUCTION - SEWER &
WATER LINE IMPROVEMENTS: (APPROVED WITH Al°TORNEY
COMMENTS)
i ~
8. IDAHO POWER COMPANY POWER LINE EASEMENT: (APPROVED)
9. BECKY BOWCUTT - NORTHEAST CORNER OF EAGLE & USTfCK: (TABLED
4JNTIL MARCH 3, 1998)
10. DEVELOPMENT AGREEMENT FOR TURNBERRY SUBDIVfS10N NO. 1:
(TABLED UNTIL MARCH 3 ,,1998j
11. DEVELOPMENT AGREEMENT FOR ECONO LUBE SUBDIVISION: (TABLED
UIVTIL MARCH 3 ,1998)
12. DEPARTMENT REPORTS:
GARY SMITH:
1. TULLY PARK CHANGE ORDER: (APPROVED)
2. TULLY PARK PROPOSAL FOR FENCE CHANGES: (APPROVED)
GLENN BENTLEY:
1. REQUEST FOR BUDGET TRANSFER/ADJUSTMENT FORM:
{DISCUSSED)
~ •
MERfDIAN CITY COUNCIL FEBRUARY 1 Z 1998
The regular meeting of the Meridian City Couneil was called to order by Mayor
Robert D. Corrie at 7:30 P. M.
MEMBERS PRESENT: Ron Anderson, Charlie Rountree, Glenn Bentley, Keith
Bird.
OTHERS PRESENT: Wayne Crookston, Gary Smith, Shari Stiles, Bill Gordon,
Will Berg, Boy Scout Troop 190 & 132.
MINUTES OF PREVIDUS MEETING HELD FEBRUARY 3, 1998:
Corrie: Council you have the minutes of the previous meeting held February 3,
1998, are there any alterations or corrections to those minutes? I'll entertain a
motion for the acceptance as written.
Bird: I make a motion that we accept the minutes of the February 3~d meeting.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley that we accept the
minutes of the previous meeting held February 3, 1998. All those in favor say
aye.
MOTION CARRIED: All aye.
MINUTES OF SPECIAL MEETING HELD FEBRUARY 6, 1998:
Corrie: Minutes of the special meeting held February 6, 1998, any alterations or
corrections of those minutes? I'll entertain a motion.
Rountree: Mr. Mayor I move that we approve the minutes of the special meeting
held February 6, 1998.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley that we accept the
minutes of the special meeting held February 6, 1998. All those in favor say aye.
MOTION CARRIED: All aye.
MINUTES OF MERFDIAN CITY COUNCIURURAL FFRE COMMtSS10NERS
HELD JANUARY 31, 1998:
Meridian City Counci~ •
February 17, 1998
Page 2
Corrie: We have the minutes of the Meridian City Council/Rural Fire
Commissioners held January 31, 1998, you have those minutes in front of you
are there any corrections or alterations? I'll entertain a motion.
Anderson: Mr. Mayor I make a motion we accept the minutes.
~Rountree: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Rountree that we accept
the minutes of the Meridian City Council/Rural Fire Commissioners held January
31 St. All those in favor say aye.
MOTION CARRIED: All aye.
Corrie: Before we get to the first item here for the public's edification items #9
and #10 have asked to be postponed until March 3~d meeting so if there was
anybody here for those let you know about that.
ITEM #1: TABLED JANUARY 6, 1998: ORDINANCE #788 - FISCAL POLICY
ORDINANCE:
Bentley: Mr. Mayor, we just received copies of this and we have some more
additions to put into it so I'd move we table this until March 3~d
Bird: Second.
Corrie: Motio~ made to table Ordinance #788 until March 3~d. Any further
discussion?
Rountree: Mr. Mayor just one comment I do have comments from three of the
councilmen to get to the City Aftorney from previous discussions on this so I think
we ought to be able to get this at the next meeting. .
Corrie: Any further discussion? All those in favor to table until March 3~d meeting
say aye.
MOTION CARRIED: All aye.
ITEM #2: TABLED FEBRUARY 3, 1998: REQUEST FOR INSTALLATION OF
SEPTfC $YSTEM FOR A WAREHOUSE BUfLDING BY MCCALL
PROPERTIES:
Corrie: Is anybody here from McCall Properties at this time? Council I still haven't
got back with - or I#ried to get back again today - but Mr. Wear was busy in
California and 1 didn't get a return call so I guess we're still contemplating that
Meridian City Counci~ ~
February 17, 1998
Page 3
easement across his property so I presume fhat we'll have to wait until the 3~d of
March and we should have by then which way we're going to go.
Rountree: Question, so there's been no written response to your letter'?
Corrie: None whatsoever, no.
Bentley: Mr. Mayor, 1 move we table this until March 3~d
Anderson: Second.
Corrie: Motion made and second that we table item #2 until March 3`d. Any
further discussion? Alt those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #3: REQUEST FOR CONDITIONAL USE PERMIT FOR INCLUSION OF A
DRIVE-THRU WINDOW ON THE WEST END OF A NEW ADDITION TO
EXISTING CHERRY WOOD RETAfL CENTER BY W. ROY & RICHARD
BROWN - SW CORNER OF CHERRY LANE AND LINDER ROAD:
Corrie: Council you have that request for a conditional use permit. Council would
you like to hear any - is there anybody here from - you`re here, okay --. Council
do you need any information from the applicant?
Bentley: I don't have any.
Rountree: I have no questions, Planning and Zoning covered it well.
Bird: I have no questions.
Corrie: Mr. Anderson?
Anderson: No questions.
Corrie: Okay. And you have the Findings of Fact and Conclusions of Law from
the Meridian Planning & Zoning Commission?
Rountree: Mr. Mayor, I move that the City Council approves and adopts the
Findings of Fact and Conclusions of Law as prepared by Planning & Zoning.
Bird: I will second it.
Meridian City Counci• •
February 17, 1998
Page 4
Corrie: Motion made and seconded on the approval of the Findings of Fact and
Conclusions of Law by the City Council and the Planning & Zoning Commissions
adoption. Roll call vote:
ROLL CALL VOTE: Mr. Bird - yea, Mr. Bentley - yea, Mr. Rountree - yea, Mr.
Anderson - yea.
MOTION CARRIED: All yea.
Corrie: I'll entertain a motion for the decision recommendation.
Rountree: Mr. Mayor I move that the City Council deny the Conditional Use
Permit requested by the applicant for the property described in the application.
Bentley: Second.
Corrie: Motion is made and seconded that the decision that we deny the special
Conditional Use Permit requested by the applicant for the property in the
application. All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #4: PUBLIC HEARING: REQUEST FOR VARIANCE TO REDUCE THE
NUMBER OF PARKING SPACES REQUIRED FOR B-II L.L.C. (RAMA
SUBDIVISION):
Corrie: At this time I'll open the public hearing and invite the applicant to come
forward.
Coles: Good evening Mayor and Council.
Grookston: Would you state your name and address please.
Coles: Jim Coles, 15176 Horseshoe Drive, Caldwell.
Crookston: You need to be sworn. Do you promise, swear or a~rm that the
testimony you give tonight at this public hearing be the truth the whole truth and
nothing but the truth so help you?
Cotes: I do.
Grookston: Please proceed.
Coles: What I'd Iike to do is just do a brief summary. I think in our request for a
variance I think we went through the numbers and some of the comments about
the new proposed project. With me is Mark Kreizenbeck, President of K-2
Meridian City Council~ •
February 17, 1998
Page 5
Construction, he's also a partner in the Limited Liability Corporation 6-11 which is
the applicant for the variance. What I'd like to do is just talk a little bit about the
number of parking spaces and a little bit about the overall layout. In the proposal
you've seen some of the information but l brought along a large plan so~we could
just talk for a moment about it. From talking with Shari earlier I was somewhat
unclear about the interpretation on the situation of a motel occupancy and the
number of parking spaces required for employees. This new Micro Tel Inn is
located directly adjacent to the existing Best Western there at the interchange of
the interstate. What we have done is we have basically set up a three story
building and we've maximized the number of parking spaces we can get still
staying with the finrenty-five foot setbacks, finrenty foot drive ways, etc. What
we've ended up with as far as total number of spaces is sixty-three spaces with a
sixty-two-unit motel and I think as we had ident~ied in our request for a variance
we have sixty-two rooms which leaves one space for emptoyees at the new
facility. We also in talking with Shari, we want to look at this as a total site also.
The existing Best Westem motel we have a total of sixty-two spaces which gives
us one for the employees and sixty-one, one for each room. A lot of this has to
do with the sequencing and the occupancy type of a motel. During the evening
hours when you would assume we have a hundred percent occupancy if we had
a car for every room, that gives us two spaces for employees which according to
the Ordinance would give you space for four employees. I really eouldn't
determine from the Ordinance how you deal with the maid staff and that's the big
issue I guess. The reason for the request for the variance is I think, and we
identified that in our proposal, is that maintenance and the maid staff doesn't
come on tilt about.9:00 in the moming and I think probably you've all been in a
parking lot at 9:00 in the morning at a motel, it's quite vacant. And so that really is
the basis for requesting the variance is basically based on the employee
situation. We feel we have two employee spaces which would cover us in the
evening but then the additional staff that would come on would be at a time when
there was not occupancy in the building. Any question about that?
Rountree: You said you were unclear about the parking requirement per your
discussion with Shari. What's unclear to you?
Coles: Well I guess -- it says one space for each two employees - or one space
covers two employees - obviously with a motel you have employees that are
there during the daytime - I guess that the fact that fhere`s not a time frame for
those employees, at times there are only four and at times there's up to eight,
eight to ten, so I guess that's ihe question so far as the intent of the code and
basically I guess we feel it's very functional the number of spaces that we've
identified and 1 think Mark will talk here in a minute about the history of the
number of parking spaces at fhe existing Best Western and how that's worked.
Anderson: I have a question. Quite often, and maybe you guys can explain to
me, quite often that's a dead end street right now I see numerous cars parked out
Meridian City Counci• •
February 17, 1998
Page 6
on the street. This morning I went by there and there was a tractor trailer rig,
appeared to be one of the guests there, is that normal for employees or are these
guests that are parking out there on the street? Eventually that street is going to
be punched through and we're going to have some other businesses down there.
If parking's a problem now what are we going to with the one's that are parking in
~the street?
Coles: I think I'd like to let Mark respond to that, I assume he needs to be sworn
in also:
Crookston: He needs to be sworn. State your name and address.
Kreizenbeck: Mark Kreizenbeck, 3959 Motden Place, Meridian.
Crookston: Do you promise, swear or a~rm that the testimony you give tonight at
this public hearing be the truth, the whole truth and nothing but the truth so help
you?
Kreizenbeck: I do.
Crookston: Please proceed.
Kreizenbeck: Well the trucks that park tliere park in the street because there's
not any parking for them. Bob Nahas or the Nahas group has informed us, that
when the street gets punched through that they can't park there so they won't be
staying there because they won't have a place to park. Our parking space is set
up for cars and pick-up trucks but not for semi's and so unless there was some
other kind of agreement made with some other property owner around in the
subdivision they won't be staying there because Bob said the Meridian Police will
clear them out. Basically as far as the truckers go they won't be staying there
except we do have some yellow freight people that we pick up over at the
terminal and bring back, and we do that every day. The reason we didn't mention
that is because Shari said what if your occupancy changes - what if you don't
have those people anymore. We basically operated the Best Western for three
years in March and we've had sixty-one spaces and when those irucks are
parked out there there's still spaces in the parking lot, they just park there
because that wasn't made for those things to go in there and turn around.
Anderson: So basically if they drive a tractor-trailer then you'll not allow them to
stay there?
Kreizenbeck: No they can't park there. If they can go find somewhere else to
park, we can't tell them they can't stay there, if they can find a legal ptace to park
but we don't have any legal places for them to park. Basically I guess the
Meridian Police told Joe that when the street goes through there the trucks go, so
- but he wasn't going to do anything until they punch the street through so - if a
Meridian City Counci~ •
February 17, 1998
Page 7
guy walks into the motel we're going to rent him the room but if he's got a truck
tfiere he's going to have to move it or find somewhere else to put it, but those
trucks don't go in our parking lot anyway, that's for cars, and pick-up trucks and
things fike that.
Anderson; I guess a question for the Police Chief, is that going to be an
enforcement problem for your agency?
Gordon: Mr. Mayor, Councilman Anderson, I believe on the response to this
request I was a bit apprehensive to say the least because the motel is going to
draw traffic and parking and people are going to park where there's room and if
that's on the street that's where they're going to be. t can see opposing problems
by forcing cars onto the street, as far as fhe trucks go our Ordinance allows them
to park in commercial areas. This is a commercial area and they're allowed to
park on the street out there. I don't know which officer you talked to about the
trucks are going to go, they're allowed to park out there according to our
Ordinance.
Kreizenbeck: Well I talked to Joe Dunn the Manager there and the street as it's
set up right now doesn't have any parking along it, it has a center turn lane and a
lane going each way so there really isn't any place to park and so I just talked to
Joe about the thing - as far as parking cars at night there's plenty of room
because we have room for the employees and we have one parking place for
every room -- every room in the motel - as far as parking a big truck there it
wasn't planned that way and there's not room for trucks and like I say Bob Nahas
the Developer has informed us that when they punch the street through we can't
park there.
Gordon: Looking at some of the development that's coming down the road I can
just foresee problems as far as parking goes in that general area whether it be
trucks or cars.
Kreizenbeck: But we have enough parking places for the rooms.
Gordon: Yeah, the trucks that are there now though ttiey're in your lot where are
they going to go?
Kreizenbeck: The only trucks that I see in our lot are like the tractor-trailers just
the tr~ilers that come through there and they only take up one space, they're not
the - they're just the - they don't have a trailer on them they're just the tractor
and they fit in a#en by twenty parking spot.
Gordon: They're renting rooms then.
Kreizenbeck: Right, they're renting rooms and they're fitting in a ten by twenty
parking. There's only one company that's doing that all the rest of them we're
Meridian City Council~ ~
February 17, 1998
Page 8
going down to the terminals and picking them up their companies won't let them
park their truck down there.
Gordon: Yeah, the no parking signs along that road were put in by the Developer.
Kreizenbeck: Right and he's the one that informed us that we were out of here.
Gordon: Correct. The enforcement of that is definitely going to be a major
problem for us.
Anderson: Just one more question then for Shari. They had some confusion over
the required number of spaces maybe you can explain whether we're talking
about the number of spaces for all employees or the maximum that woutd be
there at any time or how that's supposed to work.
Stiles: I don't think the Ordinance specifically spells it out but the way I interpret it
would be the maximum number of employees that are on the site at any one
time.
Anderson: And so you have eight employees in addition to the number of
guestrooms of sixty-two?
Kreizenbeck: That's correct we have eight employees, sixty-two but the
employees come to work at 9:00 A.M. because they can't clean the rooms until
people leave so - we have one desk clerk at night, there would be one in each
motel.
Anderson: So if somebody needs something at a room the desk clerk leaves the
desk, there's only one employee there at night? Is that what you're saying?
Kreizenbeck: There's a van driver but he's usually going to and from the truck
terminals. They come and go probably starting at about seven till midnight or so
because the trucking companies require that we go over to - like Yellow Freight's
over at Eagle and Fairoiew and they require we go over and pick their guys up
and bring them back and take them back. Also we have - Best Western has one
airport pick-up a night thaf's the average, 1 mean some nights they don't have
any, some nights they have two. We're kind of far from the airport but we have a
phone out there and when they call us the van driver goes down and picks them
up and brings them out so that's an extra parking place that people aren't using.
Basically at night we don't have the problem because we don't have the
employees, in the daytime the people are gone by the time the employees get
there.
Meridian City Council" ~
February 17, 1998
Page 9
Anderson: And I guess my last question would be then according to our policies
on landscaping and stuff there's no way the parking lot can be redesigned to pick
up any more spaces?
Coles: I've squeezed every space that we can possibly unless you want to -
excuse me. By the way I'm with Design West Architects I'm working with Mark on
the project. I have basically massaged every space that I could out of the site
area, I'd say it is very maximized as far as the overall layout and the only thing
that we could do beyond that would be - you know there's a large lawn area right
at the main front entry and I could have basically taken a portion of that out
because I do, with the amount of space I have around the perimeter, I'm meeting
the landscaping requirements and the trees and setbacks, etc. And we have put
in no compact spaces either, these are all sixty-three of these spaces are full size
spaces according to the Ordinance. So you can see that we basically we come
down and basically one way loaded the traffic with three handicap spaces and I
coutd probably if we were doing a combined site I could play some games, not
that I want to play games, but the total number of handicap if I combined the two
sites would only have to be five handicapped parking spaces so I could eliminate
one here and probably gain one more space down here which would still give me
a total of five handicap spaces I just (inaudible) very good workable site plan and
I guess just my personal opinion is trying to meet the intent of the code I think
with obviously with the maids can't come clean the rooms if the people are in
them it seems to me it all works as far as being a usable situation. Betieve me
we've massaged this about twenty times to get to where we are.
Anderson: Thank you.
Corrie: Any further questions from Council? Thank you very much. Since this is a
public hearing if anybody from the public would like to testify in this - okay,
hearing none. Council, discussion for the comment?
Rountree: Shari do you have any addifional comments on this application?
Stiles: Mr. Mayor, Councilman Rountree, as Mr. Kreizenbeck said the only
concern I have is if their operation would not be continued to operate the same
way as it is now and if they do fill up with just the general public with one car for
every room and then we also have the times when the Chamber of Commerce
meets there in the meeting room there's some parking problems right now too,
but it may be that fhey can work something out with Home Depot, but as long as
they've met all the qther requirements as far as the dimensions and the
driveways and they continue to operate as they are now with bringing people in I
didn't have that big of a problem but that was my biggest concern is that they
would not continue operating in the same way or sell it off to somebody else fhat
doesn't go pick up the truckers and bring them back.
Meridian City Counc~ •
February 17, 1998 .
Page 10
Rountree: I have no other comments.
Corrie: At this time I'il close the pubiic hearing..
Rountree: Mr. Mayor I move that we have counsel prepare Findings of Fact and
Conclusions on this variance request.
Bird: I'll second it.
Corrie: Motion made by Mr. Rountree second by, Mr. Bird that we ask the
attorneys to prepare Findings of Fact and Conclusions of Law. Any further
discussion? All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #5: FINAL PLAT FOR CENTRAL VALLEY CORPORATE PARK NO. 6 BY
R.T. NAHAS AND RAFANELLI NAHAS - SW'/4 SECTION 18, T3N, R1 E, BM:
Corrie: Council you have fhat request in front of you, are there any questions or
., discussion? ~
Bentley: Mr. Mayor, I have a question for staff, for Shari. Have you got a chance
to look over the response from Hubble Engineering?
,
Stiles: Mr. Mayor, Councilman Bentley, 1 have not read the latest response or
know what the difference is between the first response they sent, we got this ,
after noon today and maybe the applicant could explain what the differences `
were in the first response that we got back. I didn't comment on this, I let my ~
preliminary plat comments stand for the final plat. All of these comments for the
final plat were from Bruce Freckleton. ~
Bentley: Mr. Mayor is someone here from fhe Nahas group?
Corrie: Bob, is he here? Is someone here from (inaudible)
Fox: My name is Lonnie Fox, 8440 Midland Drive, Boise. Is there something that
I can help you with before we get through - ~
Bentley: If you would I'd like to have you go over the comments that Shari's got -
Fok: The only change between the responses that were sent in Friday and the
ones that I delivered to you this moming is in the site specific comments item #5,
that dealt with construction of sidewalks, pressure irrigation, street signs, road
base, domestic water, before any building p~rmits could be issued and because
of the meeting last week with the developer, the architect and Home Depot, we're
Meridian City Counc~ ~
February 17, 1998
Page 11
asking for some leniency here in that because of some severe time restraints and
the request for the Home Depot people to be able to open their store in 1998
there are some things that need to go on concurrently with construction. One of
which is the submission of drawings by Home Depot whicfi normally does not
happen until after there is a plat recorded. If we have to wait until the recordation
of the plat we are basicafly out of business for construction on Home Depot store
so they can open in 1998, and that is the only difference. (Inaudible) that we
have we could possibly as we go through the comments item by item we could
discuss that in more detail.
Bentley: Comment from Shari and Gary.
. Stiles: Mr. Mayor and Council, Gary was~not in on that meeting with Home Depot
however we did inform them that it was the City's policy to not accept any
building plans until it was a recorded plat and that if they wanted some different
consideration that the Council would need to approve that. I don't know what
Gary's thoughts are on that, of course they would have to meet all the fire
requirements and as far as access roads would need to be available to handle
the fire trucks but this is something that comes up every once in a while and staff
does not feel that's our decision to make.and that's why they brought that up
_ ~ today. ~ ~
Smith: Mr. Mayor, members of the Council, Lonnie I guess I'm a little confused on
part of what you said that Home Depot would need to start construction before
they submit the plans?
Fox: t must have misspoken. They need to be able to get their plans in front of
your Building Department for review while the site, the streets, the water, the
sewer those items are in construction. Normally we don't get the plat recorded
until much later in the process. Usually the construction is near complete by the
time the plat is recorded or it is complete. Very much so - ~
Smith: You're talking about the site construction not the building construction.
Fox: Not the building constrvction, yes. The streets, the sewer, the water, that
part that I'm playing a part in here. First thing that we would do Gary is the first
construction item would be the water so it could be tested and we would have
pressurized fire hydrants. The second item would be the sewer which is not in
the streets in this case. We have an established easement for the new alignment
of the sewer so they aren't - the water and sewer are not concurrently going in
the street alignment, just the water and we can get that installed and pressurized
early in the process so that if we could get the Home Depot plans approved, get
it into the process, have it reviewed and approved they could start construction
because there would be sewer and th~re would be pressurized fire hydrants and
then immediately the next logicai sequence is the street where the base and the
curb, gutter, sidewalk, then the asphalt would come into play. If the Home Depot
Meridian City Coun~ ~
February 17, 1998 ~
Page 12
group must wait until the plat is recorded to submit plans for a building permit that
is some lost time that we would~like the Commissioners to allow us to proceed
with plan approval of the Home Depot site while our constr.uction is in progress.
Smith: I guess that's as Shari said that's not a call that we can make because it's
not a lot of record and that's what we've been hanging our hat on in the past for
submission of plans for building permits. The site has to be identified and right
now it's only identified as a proposed lot, it's not a lot of record yet. We have in
the past accepted building permits for a single structure on an unsubdivided
original parcel of ground because I believe the statutes say that one building
permit can be issued for that ground. But.this is a part of a subdivided parcel -- or
excuse me - this is a part of a remaining portion of a subdivided parcel. I don't
know how we handled it as far as identifying the project other than I guess we
could give it an address give it a block and lot number or identify it as a lot and
block number as proposed. Obviously the permit cannot be issued until that
subdivision is recorded and as Lonnie has pointed out the permit cannot be issue
until a very minimum of an all weather access road is built that will support the
fire truck and emergency vehicles and the water system is active and the fire
hydrants are active the water system has been tested and bacteriologically
~~° approved. Those are the two very minimum requirements for construction to
proceed. As you know the building on Fairview Street was shut down, Fairview
Avenue was shut down by the Fire Marshall because of lack of an active fire
hydrant at their front door. So from Shari's standpoint and I guess from my
department, the Building Department's standpoint if you would want us to
proceed with review of the building plans once they come in during which time
the site improvements are under construction then I guess thaYs what Lonnie is
here for tonight for his Gient.
Rountree: Gary, help me remember what we did with Keller & Associates as far
as identification of that lot. Was it a parcel in the subdivision?
Smith: 1'm not sure how it was identified but it was one building permit for that
parcel of ground. Originally it started out with a USDA building and then when
they pulled out we transferred that permit to Keller's building.
Rountree: Just a comment I'd make is that the difficulty of identifying the parcel in
terms of issuing a permit in our Ordinance is not something we easily deal with
but as far as concurrent review of your plans with your concurrent construction of
the infra-structure out there I don't see that that raises any particular problems
other than you bear the risk of the engineering being right with what you build
with what you propose.
Smith: Councilman, Mr. Mayor, we would go ahead - fhe plans would ne,sd to be
approved for the site. They would have to be approved by us and by D~Q before
they could start construction. As far as the building plans are concemed I guess
Meridian City Counc~ •
February 17, 1998
Page 13
the reason that we've taken the stance that we have in the past in waiting for a
recorded plat is the backlog of plans that we've had to deal with. There just hasn't
been adequate resources to review plans for structures in subdivisions that are
not recorded yet. And that's the reason that we've held a line for that
requirement. I don't know that it creates any liability for us and maybe Wayne
needs to answer this, if they submit the plans, we accept the.plans, we send
them out for review and it's not a subdivision have we incurred any liability in
saying yeah it is or yeah it's going to be or l don't know. We have accepted plans
and put them on the shelf for review after the plat has been recorded we've
accepted them ahead of the plat being recorded but only under those conditions.
We have not proceeded with the review of them until it was a recorded plat.
Fox: I guess a question back to you is your current backlog such that if this
request were approved is there a delay just because of the backlog?
8mith: Well I think that this project would probably in the four to six week review
period and it would need to be sent out to our building inspector's consultant
since it's a commercial structure he's not doing that plan review, he's not licensed
to do that, cert~ed to do that so it would go out the door anyway. So it doesn't
really affect our capacity to review internally and I don't know what his
consultant's schedule is like:
Rountree: Bob you look like you want to say something.
Nahas: I'm Bob Nahas, 8688 Brookside Lane, Boise, 83703.
Crookston: You don't need to be sworn.
Nahas: I don't? I wonder if we couldn't do this based on a legal description, we
have a legal description of the Home Depot parcel.
Rountree: I don't know the answer to that question Bob.
Crookston: I'm not sure how the whole thing works together because I haven't
had the necessity to look into it but it's going to be a requirement that you have
to have that designated as a lot at some point and time. It would appear to me to
be in your best interests to get that done as soon as you possibly can.
Nahas: We would very much like to do that. I think we're probably looking at six
weeks more time period don't you Lonnie before the plat can be recorded?
Fox: At least that.
Nahas: I understand that we have to have a variance from the F"ire Department in
order to start even site work on Home Depot unless there's fire hydrants. But I
Meridian City Counc~ •
February 17, 1998
Page 14 ~
understand they wiii grant those variances is that right Gary, to do site work, non-
combustible kind of work prior to the hydrant being in.
Smith: Well 1 guess I'll answer that with kind of a qualified yes, you can dig a
hole, you can excavate for your foundations and that sort of thing. In terms of
getting forms on site to pour concrete I can't give you an ans,wer to that Bob
because I don't really know. I know it has been done but I don't think it has been
done without perrnission of the Fire Marshall.
Corrie: Any question to any statements made by Bob? Council, your thoughts,
decisions -
Rountree: Well there's several things here. We've set the precedent by doing this
previously so I think it's something we can do short of maybe issuing the building
permit if there is no subdivision plot but as far as the preliminary work, plans, I
think that's.something we can do and I woulct encourage us to do that in
advance. No site work would be done without the minimum life safety
requirements being in plac.e, water and a road base so emergency vehicles could
get there and I believe we've done that in the past as well so that and any other
~- specific comments staff might have I would say let's try to make this work.
Corrie: Did they have any further comments? Alright we'll entertain a motion to
that affect.
Rountree: Mr. Mayor I would move that we authorize staff to review plan
subrnittals for Home Depot in advance of the recording of the final plat and
instruct if any advanced site work is done that will be done only after such time
as minimum life safety improvements are made including pressurized water and
at a minimum a road base capable of supporting an emergency vehicle.
Bird: I'll second that.
Corrie: Alright the motion has been made by Mr. Rountree and seconded by Mr.
Bird is there any further discussion? Hearing none. All in favor say aye.
MOTION CARRIED: All aye.
(Inaudible)
Rountree: Mr. Mayor, I'd make a second motion that we approve the final plat for
Central Valley Corporate Park No. 6 subject to all staff c.omments and agency
comments that are received on that final plat.
Anderson: Second.
Meridian City Counc~ •
February 17, 1998 ~
Page 15
Corrie: Motion made by Mr. Rountree seconded by Mr. Anderson. Any further
discussion? All those in favor of the finat plat approvat as read say aye.
Opposed? .
MOTION CARRIED: All aye
Rountree: What do you need Lonnie?
Fox: We had some other issues that we wanted to bring forth in front of the
Council on this -
Corrie: - Would you come up to the microphone.
Fox: We had some other issues that we wanted to bring forward that were staff
comments. You have my letter of ~responses in front of you - do I need to be
sworn for this? ~
Corrie: No
Fox: On your site specific comments on page one under number two that site
specific comment dealt with sidewalks that must be provided, we'll agree that
they will be provided we are asking for the existing gravel path that is along the
berm against Interstate 84 there is an existing gravel path that we are going to
put a five foot asphalt surface on, we would ask that we be able to .use that path
that the developer has already provided and that that would be not adjacent to
the curb that it would be remote. There is an existing path there and we'd like to
be able to use it in that short reach as an existing jogging path and we would
asphalt it.
Anderson: Question, is that on the same side of the street as this project or is it
on the other side of the street?
Fox: It is on the street side of the berm as it exists right now.
Anderson: And what is the time schedule for paving because I know that path's
been out there.for quite awhile and hasn't been paved.
(Inaudible)
Nahas: This pathway would run just along the new berm that we put in just this
last summer but what we want to do is we want to eventually have it connect to
the other jogging path that we have that's on the east side of Computrol and runs
•around to Eight Mile lateral so eventually we're gring tu have a loop, a jogging
path going entirely around the project.
Meridian City Counci~ ~
February 17, 1998 ~
Page 16
Rountree: But you still have sidewalks.
Nahas: Yes, on the other side, on the Home Depot side
Anderson: Do you have a time frame for -(end of tape)
Nahas: -- We'd be doing it the same time we do the streets.
Fox: One other item I'd like to bring - I'm sorry do we have all the questions
answered on that issue?
Corrie: Council? I think so.
Rountree: If I'm not mistaken that's just exactly what we did with the first part of
the subdivision. ~
Fox: Okay there is one item, it's under site specific comments on the second
page of my responses it's under item seven (inaudible) seven. One of the items
in requested wording change on note seven of the plat was that easement for
Ada County Highway District to be provided on lots 12 and 13, block 4. which are
designated as drainage lots. One of the issues there was that they wanted - the
staff asked for the comment for heavy maintenance of drainage facilities. Now
I've been trying to clear this particular item up with Ada County Highway District
and have not received an answer but that drainage pond not only handles ACHD
right of way runoff but it also handles the temporary storage for both the Home
Depot site and the Waremart site so we have approximately - the number
escapes me - but we'll say approximately 85% of the runoff getting to that
drainage facility is off of private facilities not off of public right of way. So I'm
concerned -
Smith: What was that percent again?
Fox: I think it's about 85%, -- please don't hold me to that - it's 80 to 90
somewhere in that range. tt's in that range. I'm c~ncerned that we'd be asking for
something that ACHD would not accept. I would like to - I'm trying to get some
resolution with ACHD from the developrnent services staff if they would accept
the heavy maintenance responsibility for runoff from private land and I'm not sure
- I don't know how it's going to fall out; whether they will or not. So we're asking
that for the time being the part for heavy maintenance of drainage facilities be
stricken from that plat comment. Are there any questions on that particular item?
Smifh: Mr. Mayor and Council members, I don't know if Lonnie's reached Doral
Hansen at the Highway District, he's the drainag~ guy; he's the one you need to
talk to Lonnie but we certainly don't have a problem with his proposal as far as
the Highway District is concemed, they have to sign this plat as well as we do
Meridian City Counc~ •
February 17, 1998 ~
Page 17 ~
and it's their responsibility and Lonnie's right from a proportionate standpoint the
Highway District would be assuming quite a bit of the responsibility not
commensurate with what water they're responsible for..But I think that can be
worked out bet~nreen the applicant and the Highway District. As long as we're
talking about the drainage ponds, we did have a concem about finro lots being
called out for - well I guess not really a concem but just a question as to why
there were two lots when there's one pond. If the pond is a common area and it
can be called out as one lot it seemed to us that that would be a logical thing to
do.
Fox: Gary, the reason there were two lots is because each lot, the Home Depot
lot and the Waremart lot.were to have off site drainage storage off of their site
and the lot 12 block 4 was a proportionate amount for lot 12 block 2 which would
be the Waremart site lot 13 block 4 coincided with lot 13 block 2, and the idea
was that they would individually have an off site storage facility. When we get
down to getting the actual amounts of the volumes that are associated here by
separating them we would have had a berm in between that took up space fhat
we dreadfully needed to provide off site storage, temporary storage, for storm
drain water and that's why we made one pond. We were struggling to get as
much volume as we have. We have to maintain a separation between the
seasonal high ground water and the bottom of our pond and that's a minimum of
one foot of silt loam to clay loam soil and when we got the tests on the soil we
have basically the bottom of the pond is one foot above the seasonal high ground
water and then the storage that we have available took up the entire lot so it's
now one pond and we expanded as much as we could to get that capacity.
Smith: I understand the reasoning behind it but I still don't understand why we
have a lot line. If the berm's gone and it's one big pond, why isn't it one lot?
Fox: Maybe Bob can -
Nahas: Being a developer and so forth I like to sell land when I can and we're
going to sell land to Waremart and to Home Depot and what we'll probably have
to do is since I don't know how we can work it out to just sell them a portion of a
parcel, I'm not sure if we can legally how we're going to do that. We wanted to
have the flexibility to be able to have those two lots and maybe we could just
come in for a lot line adjustment and each one of them could in effect own a
portion, a share, of that pond.
Smith: So each one of those finro drainage lots will be purchased by Waremart or
Home Depot and they'll be the owners of the lots.
Nahas:That's correet, yes.
Smith: Okay, that answers my question.
Meridian City Coun~ •
February 17, 1998 ~ ~
Page 18
Stiles: Mr. Mayor and Council, Bob I had another question for you. The splitting
of that drainage lot doesn't have anything to do with the signage.is that correct?
Nahas: No.
Stiles: Were you going to mention anything about the signage just in passing
today or -
Nahas: I was kind of hoping John W. (inaudible) would be here with a drawing, I
though maybe we could make that part of our agenda Shari. I realize we're going
to need a vanance on that.
Stiles: Just to let the Council know, they will be submitting for a variance
application. They submitted probably a couple of months ago for a sign permit, a
53 foot high sign. In keeping pretty much with the same style that their existing
signs are except for the height but on that sign they would have Waremart and
the Home Depot and they had initially proposed it on this drainage lot and I let
them know that if it's not on the actual lot where that facility is located that they
would need the variance so they will be coming back in for a variance. It could be
a variance for both the Home Depot and the Waremart if it's out on the berm or
the common area and not owned by either one of them but just to let you know
that that's probably going to be coming up.
Nahas: It will identify Central Valley Corporate Park as well on the top.
Fox: Are there any other questions that I could answer at this time? If you have
my responses to the review comments I think we agree with most everything.
We've asked for some minor things. Another item is item 14 on sit~ specific
comments and we will make that correction once the Rama plat subdivision plat
is recorded but.in case that doesn't record we have to have our wordage
according to John Priestor the way it is once the Rama Subdivision plat is
recorded then we can rnake the correction on the signature sheet of the plat, so
we will do that at the fime that the Rama plat records. So I think that with these
items I appreciate that you've approved the final plat and hopefully these things
that we've questioned here will be included in that approval. Thank you very
much.
Rountree: Mr. Mayor just for a point of clarification I believe rny motion ~
suggesting staff comments and agency comments be a condition of approval and
still apply. ~
Corrie: Correct. So noted.
Meridian City Counci~ ~
February 17, 1998
Page 19
ITEM #6: WASTEWATER DEPARTMENT - ADMINISTRATION BUILDING
PARKING LOT DRAIN CHANGE ORDER:
Smith: Thank you Mr. Mayor Council members I have a little handout, I'll bring
that up to you. From the time that the plans were prepared for the Administration
building at the Wastewater Plant we had some site work elevation revised around
the parking area of the new building and this was done by our Superintendent in
order to facilitate a farming operation that they're undergoing or that they're
undertaking in order to have a place to put our sludge. When he levels some
ground he managed to dispose of the low area you might say where the runoff
from his parking lot was to be directed and so this change order is to allow the
contractor to build a sub-service disposal system under the paved area of the
parking lot for this Administration building. I believe that Councilman Bird talked
to each one of you last week conceming this so that we could get the contractor
proceeding because of his schedule to pave and according to the architect if the
weather holds they should be paving near the end of this week, the parking lot
area. In the third paragraph I've highlighted that the cost - or the range of cost -
from $8,066.00 to $9153.00, the difference being the possibility that they would
have to instalt a sand layer because of the distance to ground water and we don't
know that yet until they dig the hole. I think that was all the information I had for
you on that item.
Bird: Mr. Mayor, I would make a motion that we accept this change order.
Anderson: Second:
Corrie: Motion has been made by Mr. Bird and seconded by Mr. Anderson that
we accept this change order for the discussion.
Rountree: I guess I'd just like to point out that the project is still on time and under
budget which is good.
Smifh: Yes it is, thank you. The contractor's doing a good job. ~
Corrie: Any further discussion? Hearing none. All in favor of the motion say aye.
MOTION CARRIED: All aye.
Smith: Once we finalize the costs, Brad will put that into a formal change order
for you and I'II bring that back for the Mayors signature, thank you.
ITEM #7: AGREEMENT WITH AGHD - ROADWAY RECONSTRUCTION -
SEWER & WATER LINE IMPROVEMENTS:
Corrie: Is that yours Gary?
Meridian City Counci~ •
February 17, 1998
Page 20
Smith: Yes, Mr. Mayor. This is a joint agreement that we need to enter into with
ACHD they will incorporate the design plans and specifications that we have
prepared or that our consultant has prepared, into their construction plan set for
the roadway and so the sewer and fhe water system that we're proposing to
locate in Franklin Road and Meridian Road will be built by the Contractor who
obtains the contract to build the roadways so this facilitates a scheduling problem
that could occur with two di .fferent contractors in there and we did this on
Meridian Road north of Fairview to - or north of Cherry Lane - to Ustick, worked
out very well in that case, and this agreement fhat you have a copy of, I believe
you have a copy of Yhis agreement that was submitted, Wayne has looked
through it, had a couple of suggested changes. I've sent those changes on to the
Highway District, l have not received a revised document back from them but I
didn't envision fhere to be any problem with accepfing the changes that Wayne
had requested. I guess that's pretty much the history on the agreement.
Rountree: Mr. Mayor, the substance of those changes were of any
consequence?
Smith: I think one of them was just a sentence structure as I recall and the other
one had to do with how the reimbursement was on what the prorated basis of
reimbursement was for our share of such things as mobilization, traffic control,
flagging, detours and their weekly meetings. I guess the question was how that
prorated basis was calculated. If it was for instance our total share of the project
costs compared to the total project cost but that's something that I think we
needed an answer on. Other than that I don't think there was any - Wayne didn't
have any concerns. We talked about it a little bit and I answered a couple of his
questions.
Crookston: Mr. Mayor and Council that's correct. There was just some -- what I
felt was putting the foot through the sock before you knew what the sock would
hold. It's just a little bit of - it needed a little bit more explanation as to how that
payment was going to be requested.
Corrie: Any further questions? Hearing no questions I'll entertain a motion from
the Council.
Bentley: Mr. Mayor, I move we approve the agreement with ACHD for the
roadway construction water and sewer line improyements on Franklin Road with
the additional corrections made by the Attorney, authorize the Mayor to sign the
Clerk to attest.
Bird: I'll second it.
Corrie: Motion made by Mr. Bentley seconded by Mr. Bird on the motion made.
Any further discussion? Hearing none. All in favor of the motion say aye.
Meridian City Counci~ •
February 17, 1998 _
Page 21
MOTION CARRIED: All aye.
ITEM #8: IDAHO POWER COMPANY POWER LINE EASEMENT:
Corrie: Any questions of anybody on this easement?
Rountree: I just have a question. Has the City Attorney reviewed it?
Crookston: Yes I have.
Rountree: And?
Crookston: It's a standard Idaho Power easement.
Bentley: Mr. Mayor I would approve that we approve the Idaho Power Company
line easement, authorize the Mayor to sign clerk to attest.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the
Idaho Power Company line easement. Any further discussion? All those in favor
of the motion say aye.
MOTION CARRIED: Atl aye.
ITEM #9: BECKY BOWCUTT - NORTHEAST CORNER OF EAGLE & USTICK:
ITEM #10: DEVELOPMENT AGREEMENT FOR TURNBERRY SUBDIVISION
NO. 1:
Corrie: Item #9 and #10 has been asked to have it postponed until March 3~d so I
will entertain a motion on item #9 and #10 to be tabled till March 3~d
Rountree: Mr. Mayor, I move that we table items #9 and #10 on this evenings
agenda.
Bird: Second.
Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we place item
#9 and #10 on the March 3`d meeting. Any further discussion? All those in favor
of the motion say aye.
MOTFON CARRIED: All aye.
ITEM #14: DEVELOPMENT AGREEMENT FOR ECONO LUBE SUBDIVISION:
Meridian City Counci• •
February 17, 1998
Page 22
Stiles: Mr. Mayor and Council, I had hoped to have that in your packets by Friday
unfortunately I did not. I have received a draft from the applicant, he's fumished
us based on our master agreement a draft, I have not had the opportunity to get
that drafted and on to the City Attorney for review. What we'd really like to
discuss I guess in lieu of the development agreement as part of that discussion
would be the two letters that you should have received in your boxes today. One
of them is from Patrick McKeegan Architects and the other one is from Schuck's
Auto. They are making a similar request to what the Home Depot was asking for,
for us to review the building plans prior to an actual plat being recorded. It's a
little bit different as far as some of the requirements that have been placed on it.
There's the development agreement that would need to be done prior to issuance
of a building permit and prior to signature on the final plat. I think it would
probably be best if Pat McKeegan got up and explained what the situation is
be~rond what these letters indicate. Apparently there's a deadline of February
28 , at least from what the letter says that Econo Lube must have a building
permit issued by February 28th and I'm not sure that that can be accomplished
but maybe Mr. McKeegan can clarify what he's requesting and I don't know if
someone etse is here from Schuck's tonight? Okay.
McKeegan: My name is Patrick McKeegan, I'm the architect representing Econo
Lube tonight. Basically as you'll recall the last part of the year we came before
you in a rapid fashion with our annexation and our conditional use and our
preliminary plat and final plat review requests. During that time we had - or prior
to that time - we had requested Shari's and the City's cooperation in meeting
certain deadlines because we have a property owner who does not quite
understand the process and I'm going to have Bob Mitchell the representative the
realtor involved in the transaction go into that in a little bit more detail, that
doesn't really understand the time Iines involved in subdividing a piece of
property and developing something as this is not really complex but it just takes
time and throughout the process we've been working with them trying to come up
with a time line based on good faith estimates on time lines that were given to us
by different people that we met with. In December we got to the point where the
options were running out on the property and we were asking the Tuckness' for
some additional time to complete the project and at that time we anticipated and
met the December 19th Council meeting that the final plat would be approved the
following day Joe Canning subrnitted that plat based on we didn't anficipate any
significant changes and prior to that date we had talked with the City staff and
with the County Engineer and with the Highway District and had determined that
ten weeks after that date seemed to be a reasonable time period for getting
approvals by the City we were anticipating a four week time period at the City
which would have put us to mid January then we w~re anticipating a three week
-- and concurrently we were going to be going through the Highway District at the
same time period - we had anticipated a three to four week time period at the
County Engineers and based on conversations we had had back in April, we had
Meridian City Counci• •
February 17, 1998
Page 23
also assumed that we would be allowed to submit one project for a building
permit on the existing lot, we were going to submit the Econo Lube project with
the idea that that would be being reviewed while the final plat was being signed
and hopefully towards mid February or the end of February when our deadtine
was over that the plans would be ready to issue for the final permit, the final plat
would be signed and recorded then we could go to escrow on February 28tn
Based on that time line the Tuckness' granted two extensions the last of which is
February 28"'. Based on those commitments they went out and signed
agreements to purchase a piece of property and in fact have been paying rent on
a piece of property since November that also has a final closing date of February
28tn and the seller of that property has refused to grant them an extension
therefor they are refusing to grant Econo Lube an extension. The I guess
problem for lack of_a better word, situation we have is that Econo Lube's
corporate policy is that they will not close escrow until they have a building permit
on a piece of property because they want to be absolutely sure that they can
construct their facility. We had assumed that that permit would be issued on the
Econo Lube facility on the existing parcel of land that was there. On January 2gtn
I had my construction documents completed for Econo Lube. We were ready to
submit and when we tried to submit we were told that - or we actually called and
said we were ready to submit can we get the application. We were told that we
now could not submit those plans on the existing parcel of property without a
zoning certificate and that a zoning certificate w,ould not be issued until the final
plat was recorded. So what we're requesting and we're trying to figure out, and
this is much like the one that was previously before you, we're trying to figure out
a way that we can get our plans reviewed, you know we're ready willing and able
to pay for outside review whatever it take to expedite that so that we can get a
situation to where we can have with the understanding that we would not actually
be able to begin construction until the lot was recorded but to have some kind of
a for lack of a better term, an interim permit or a contingency permit, a document
that basically says the plans have been reviewed, a perrnit is ready to be issued,
there's no reason it won't be issued once the technicalities of having the plat
finalized have been taken care of and the plat's been recorded. The other~thing
that's been a great frustration to us is we're having trouble getting -- there's some
bonding requirements which wiil take a few days or some time to get the money
put together and we haven't been able to get any costs yet on what the bonding
requirements - how much the amount is going to be so we that I can tell Econo
Lube and I can tell Schuck's these are the amounts of bonds that we have to
have executed and swbmitted and all of that so th~t's reaily the situation we're in.
As far as some of the other things that might come up is we have previously in
the development agreement we have agreed - there's a fire hydrant on site, if
you'll recall we'd agreed with the Fire Department that we would be allowed to
start construction as long as we put in an access road which we have put in the
development agreement that we would do and we've complied with all the
previous conditions in the development agreement, I typed it up and had a
computer disk and a draft delivered to Shari so that we could expedite that. At
Meridian City Counci• •
February 17, 1998
Page 24
this time what I'd like to do is maybe just give Mark a few minutes. Mark Knowles
is here representing Schuck's as their architect if he wants to speak and then
also give Bob Mitchell a few moments to talk about the unique I guess
circumstances of the Tuckness' so that you can understand kind of what we've
been trying to work our way through and then I'll be available to answer any
questions if you have any. Thank you.
Knowles: Hello my name is Mark Knowles, I am the architect for Schucks. My
business o~ce is at 218 South Cole Road in Boise. I'd like to reiterate what
Patrick McKeegan said in that we too have a great desire to see this project
completed and that if there's any way possible that we can go ahead and pay for
any outside review fees Schuck's is more than willing to go ahead and do that
and at the same tirne have the plans reviewed, a letter written or some kind of a
preliminary building permit document issued that would state that the plans have
been reviewed and that they comply with all the applicable codes and ordinances
of the City and that a building permit could be issued upon final recording of the
plat. Again, we`re more than happy to front the cost of any of those review fees
involved just to expedite the process. I realize that we could not get a permit of
course until the final plat is recorded. That's all I have, do you have any questions
for me?
Mitchell: My name is Bob Mitchell, my business address is 7941 W. Rifleman. I
am coincidentally the real estate agent that works with both Econo Lube'n Tune
and Schuck's. When we met with Lawrence and Esther Tuckness last April,
they're a couple that are in their eighties they had their property for sale for some
time and we told them what we wanted to do and they just - having not dealt with
these kinds of issues they couldn't believe it would even take six months to
complete a transaction like this and they signed their contract on the 28th of April.
We started the process by meeting with Shari Stiles, she was kind enough to
give us some projected dates that we would need to follow beginning in April and
so we had tried to do that all along and so we drew our contract up so that our
drop dead date was going to be around December 15~h which was to this couple
-- it was very, very difficult for them and their two sons to understand that they
had a piece of property that was not annexed in the City, it was not zoned and so
we assured them that we been given time lines that were fairly specific and if we
just went along and met those time lines we should be fine and as it turned out
that the planning and annexation and everything took longer than was
anticipated, it is still not completed as you've heard tonight but in the process as
they have tried to fit a home that fits their needs as a reti~ed couple with a home
that can handle the needs that they're going to have of not being multi storied
and things like that. They have also been stringing out a seller that told them that
they will no longer hold their property beyond the 28th of February and so we
come to you tonight with several rec~uests. We feel that we have done everything
humanly possible starting on the 28t of last April to go through and make all the
applications and attend all the meetings and everything that could have been
Meridian City Council• ~
February 17, 1998
Page 25
done. I know the Tuckness' have been to many of these meetings themselves
and we still find ourselves without the ability to have the property properly
annexed into the City and zoned so we can get a building permit so we are
certainly requesting your understanding that if there's any way that a building
permit can be issued with conditions that it not be used until the property is
properly zoned and annexed we would certainly be amenable to that but given
the corporate policies that these national companies have they just simply do not
close on property until they have a building permit. They'll sit on a building permit
if they have to until there are other conditions that need to be met but the building
permit is the key thing for them and so not only do I come before you tonight with
the hopes of the Tuckness' with me but also these other finro business owners
who are anxious to get their businesses open in the city of Meridian. The
Tuckness' have waited darn near a year and they want to get on with their lives
and while it isn't necessariiy your problem we feel that there is some things that
could be done and both of the parties involved Schuck's and Econo Lube have
expressed a willingness to spend whatever monies are necessary for extra man
hours or outside resourcing to have the plans examined so that this could
possible be done by Friday the 27th of April -- I mean of February. I would
certainly be available to answer any questions you might have. We think we've
done everything that could possibly be done but we certainly hate to see the
Tuckness' caught in the middle and we just don't have any place else to turn right
now and feel like there might be some leeway there in how this issue might be
handled.
Bentley: Mr. Mayor, I'd like to hear what Shari and Gary might have to say.
Stiles: I guess one question I have Bob is the Tuckness' they're aware that a
development agreement is required to be entered into and they will be required
to sign that document?
Mitchell: Yes.
Stiles: Have they reviewed preliminary documents and are they wanting
attorneys to review it for them or their -
Mitchell: I couldn't answer that -
(Inaudible)
Corrie: Could we have you come up and talk in the mike, it's pretty hard for the
recording artist that we have to -
McKeegan: The same documents that were submitted to Shari for the
development agreement were also submitted to the Tuckness' realtor with a
notation that they did need to review those -- and -- for -with that understanding
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Meridian City Counci~
February 17, 1998
Page 26
and also we told them back in January that they needed to be prepared to sign
three documents. One was the final - or the plat document - beaause they are
the owners of record and that the realtor had to prepare them for that. The
second was a deed for the Wilson Lane e~ension property right of way to ACHD
which they have executed and then also the development agreement and that
development agreement was going to incorporate all of the requirements
including the bonding and everything. While Econo Lube and Schuck's would be
putting up the money for that there's a brief period of time ther~ where they would
actually, the Tuckness' needed to recognize that they would be on the - they
would be responsible for that development agreement and then once the proje.ct
closed Econo Lube and then subsequently Schuck's for their portion as
successors in the signs would take over that responsibility. I haven't talked with
the Tuckness' so I can't represenf what their feelings are but I can say that my
feeling is that since they have signed the deed and they have signed the plat that
they are aware of how everything is unfolding. I would atso like to point out the
plans that we are submitting as you may suspect because these are national
franchise companies two of the Econo Lube's are currently under construction
one in Boise and one in Ada County and those plans have been reviewed by
both of those jurisdictions in past with flying colors. The Schuck's plans that Mark
is working on is also based on buildings that are now being constructed in the
area, so the plans are not anything terribly unique they're standard corporate
type plans that we have reviewed for conformance with local codes and
ordinances and have been approved in other jurisdictions in this area so we're
not anticipating that there's going to be any difficulty in reviewing the plans or any
unique circumstances or any insurmountable problems with those documents
unless there's just some idiosyncrasies unique to the plan reviewer or the city
that we need to address and the site documents incorporate all of the conditions
that are also in the development agreement that we've been going through with
the platting so I hope I've answered your question.
Stiles: So the Tuckness' are going to dedicate that additional land on Wilson
Lane -
McKeegan: They have already signed the warranty deed for that we're just
waiting to - again we`re waiting on the Highway District to tell us what the bond
amount they want for fhe Fairview Avenue improvements so that we - I mean
we've met all the requirements, we're just waiting for them to say here's the dollar
amount so we can say cut a check and then we can go and - you know they sign
the plat and we give them the warranty deed and the bonds.
Stiles: As far as the bonding amounts for the plat I don't believe the Public Works
Department has any bonding requirements for sewer and water.
McKeegan: That's our understanding, t think there was some for the landscaper
up front and some minor other things. Back in Apri1 I budgeted for that , Econo
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Meridian City Counci~
February 17, 1998
Page 27
Lube is prepared to - i think my budget amount for the total bonding was
somewhere in the nature of sixty thousand dollars, I mean and the money is
there, it's ready available we just need to - for somebody to say -
Stiles: As far as that bonding amount for the landscaping that would just be
based on what you are approved for in the condifional use permits, you would
furnish us the quotes for those improvements and then the bond amount would
be 120% of that quoted amount and that's the only thing that you would need to
bond for as far as the plat itself.
McKeegan: In lieu of an actual price quote from a contractor could that be based
on my best professional opinion with a very conservative fudge factor? I mear~
we'11 make it -
Stiles: We could work with that because obviously you're not going to get any
certificate of occupancy unfil those improvements are completed so I think we'll
be covered there.
McKeegan: It's our intention to do whatever the City wants and when you see the
plans you may wish to modify the landscaping also. But we can certainly come
up with a reasonable, I'm sure a reasonable estimate that would be satisfactory
to make sure the City's going to get their dollars, their money's worth.
Stiles: Did you have any questions -
(Inaudible)
Smith: Mayor and Council the water and sewer development plans have been
approved by my department -- they've been approved by DEQ, and we have an
approval letter from DEQ, and I think you've got one too; is that rigtit?
McKeegan: I have not but I would assume that Joe probably does, 1 tried calling
Joe Canning today and we weren't able to -
Smith: Well that was done back on the 6th of February. We received a letter from
DEQ on the 6th of February. Final plats been reviewed and Joe Canning
resubmitted that to us the first of February and there's just a couple of little things
fhat need to be taken care of on that and we don't have a copy of the signed
plat, one of our comments was for signatures to be affixed to it because we
always like to see the owners sign the plat if they're going to submit it to us which
they fiadn't done. In facfi looking at it nobody had signed it.
McKeegan: At this time I think he's taken it to ihe Health District and is -
Smith: So the plat isn't a big issue as far as finaling that up.
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Meridian City Counci~
February 17, 1998
Page 28
McKeegan: Okay. Thank you.
Bentley: So Gary and Shari I guess my question to you would be is this doable or
how would it be doable to keep us from sticking our necks out too far?
Smith: As far as the building permit is concerned on this Econo Lube structure? t
don't know the timing in reviewing the plans, I can't give you any guidance there,
I don't know that it's a possibility by the 27th of this month to get a tum around on
a review of these commercial plans, I just can't answer that. I'd have to check
with Daunt Whitman our building official and see if there's another source for
reviewing the plans, I don't know, I'll certainly find out first thing in the morning
but at this point I just don't know.l called Mr. McKeegan's office today and told
his secretary to get us six sets of plans and we'd get it started but with this
deadline of ten days I don't think our normal route is going to work so we're going
to have to do somefhing different.
McKeegan: The plans will be here in the morning, they're in the process of being
printed and I think that's what we were trying to emphasize is that we recognize a
normal policy it would take somewhere between three and six weeks to do this,
what we're saying is that Econo Lube and Schuck's is willing to pay if there is
anybody in the area that you feel is qualified to review the documents that they
could fit them into fheir schedule -
Smith: -- And that I don't know.
McKeegan: -- In all fairness I was at ICBO this week they're having their annual
meeting for reviewing the'97 building codes so I knowwhere there's at least a
150 of those guys including Mr. Whitman, he was there this morning with me so -
but I just don't know what the protocol is and there's certainly people that are ~
qualified I just don't know what the City's protocol is for allowing those people to
review the plans and if there's any way that you need to - any qualifications that
you need to do that. I would certainly feel comfortable with any other architect in
the valley reviewing the documents.
Corrie: I suppose if we could get somebody to start soon enough on it for the
approval process -
Bird: Gary, let me ask you a question, is there any kind of a temporary building
permit you could give them before the 27th even though we might not have it
completely reviewed I don't know.
Smith: Well Councilman Bird, 1 know that we have issued in the past a foundation
only permit that gets projects started and I don't know whether that would satisfy
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Meridian City Counci•
February 17, 1998
Page 29
these gentlemen's situation or not but that has been done in the past where a
project has been staged in terms of the planned preparation.
Bird: Will that satisfy corporate?
McKeegan: We can't answer that question right now we'd have to ask the Econo
Lube representative if that woutd satisfy the - if a foundation permit would be
sufficient.
Bird: Because I don't know, these are corporate plans that are passed all the time
so it shouldn't take that long to review but who are you going to get to review
them?
Smith: Well F don't know if the ICBO is tomorrow again - it is?
McKeegan: And that occurred to me on the way over here that that light bulb
went off that it's probably going to work against us but not to - I can say the plans
were reviewed in Ada County in fourteen working days, within the normal.
schedule of how they do things so - Boise took 13 weeks but that's a whole other
story. I realize that we're kind of pushing the envelope here, I've never had any~
problems in Meridian before with the turn arounds or time frames I don't want to
indicate that Shari and Gary haven't been cooperative and that everybody hasn't
been doing everything it's just that we have the circumstances that's kind of like
the snowball that's rolling down -(end of tape) ~
Smith: ... seminar and just visit with him about it and see what the possibilities would be
as you said Councilman Bird. There can't be too much complexity in the foundation
portion of this if they are corporate drawings, they are pretty standard.
McKeegan: I'll tell you the same thing they tell us, you know , the Econo Lube plans
have been built over sixty times. And every jurisdiction has little nuances. You know,
Boise requires a lot of ceiling details that some people don't require. It seems like every
jurisdiction has something that they seem focus on, and we just kind of go through that, ~
and they have questions on why is this being done, and once we explain the reasons, then
we usually don't have any problems.
Corrie: Looks like you need to find out if the foundation on the building permit would be
acceptable.
McKeegan: Yeah, and we can make that phone ca11 in the morning and I can certainly
have that information to Gary.
Bentley: If that's the case, then they are going to need something tonight to lighten up
the load for them, so maybe we should make the motion to give them the foundation only
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Meridian City Counci~
February 17, 1998
Page 30
the foundation oniy permit, and they can tum around and call corporate, and if
that works, fine. If not, they will have to run some other direction, I guess.
Corrie: Are you making a motion to that effect?
Rountree: Can we add some other stuff? Can we discuss it?
Bentley: Yes.
Rountree: I think there is a couple of things here. One, you are asking to
expedite. You are offering to pay. We'll take that offer. The other angle, you
have problems with the Tucknesses in terms of arrangements they've made for
new living quarters. It seems to me that your corporate office ought to work that
angle as well and maybe soften the blow to them and work with whoever #hey are
working with and maybe pay off their note in advance so they can go ahead and
move and maybe they can back off their deadlines on earnest money or
whatever it is you have with them. So I think you guys need to some work on
that end. If we can issue a foundation permit, if you will, if that's what it's called.
Again, conditioned on all the life safety stuff being there and understandirig that
there will be no building permit.
McKeegan: We understand that.
Rountree: Because I don't even want to go there. I don't want to get into
temporary permits and that kind of thing. But those are the kinds of things I think
we need to wrap up in a motion. I don't know if Gary has got any additional kinds
of things that he needs in the way of guidance.
Smith: I guess the only thing that I would request, and I think Patrick mentioned
it maybe once had to do with fire protection. There is no sense in getting started
if our fire marshal is going to run out there and stop a big stop work order on it.
McKeegan: Our intention is not to be out there on March 1~, you know, digging
dirt. Because we have to get - realistically, even if we close, assuming we close
the 28th, the Tucknesses have, I believe, thirty days to vacate the premises
before we can come in and start doing that work. IYs not our intention to start
construction. We just need to have - a permit is a document that the corporation
- that tells them that the jurisdiction has reviewed the plans, and they are going
to allow them to build their building, and I have a terrible feeling that somewhere
a long time ago somebody bought some very expensive property and fhen the
permit didn't come forward and somebody's head was on the table and that's
why that's there. We have made some attempts to try and figure out a way to get
somebody not associated directly with it to step forward and maybe pay half of
the money so the Tucknesses can do what they need to do, but at this point the
corporation has not been willing to do that, but I think we might be able to maybe
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Meridian City Counci~
February 17, 1998
Page 31
go a little bit deeper. Maybe I just better let Bob talk about that. I don't know
much I can say.
Mitchell: Councilman Rountree to answer your questions, we did try as late as
today to offer some money to the sellers of the property that fhe Tucknesses are
trying to buy, and they refused it. So we did that angle. We are working - there
is an investor who rnay be involved in the Econo Lube transaction once the
building is up, and we are trying to find that individual and see if they want to buy
all the property and close it by the end of the month, and have the two parties
pay them interest on the property until they get their building permit. So we are
trying every single thing creativefy that we can do, and certainly in concert with
what the City can do it will be a tremendous help. And to reiterate Schucks and
Econo Lube would wait another 180 days to get a building permit. They are not
the ones who are really pushing the issue. IYs the Tuckness family who has
waited at least ten months or pretty Gose to ten months and have made other
arrangements that they just simply can't move forward on. And there's third
parties and fourth parties involved now that really don't care. All they know is
they've had their properties committed and the Tucknesses haven't been able to
come through and so everyone is trying to be satisfied here, and so both of the
parfies - although we are only needing to have the Econo Lube and Tune permit
issued. The Schucks permit can wait. Since the Econo Lube parcef is the half of
the property away from the home, I wanted to make it clear that the Tucknesses
have agreed that while they are still in the home, certain utility work and site work
could be done while they are still there so long as we have closed on the
property and given them half of #heir money by the end of the month, and there
was a question about their attomey's involvement in this, and their attorney has -
they have met with their attorney on the documents that they have already
signed. I don't think there is going to be any other problem getting final
signatures on the things that are needed. And I appreciate your time. Any other
questions that you might have of ine, and making sure you understand the
history there? Thank you.
Rountree: Mr. Mayor, I'll take a stab at a motion here. I move that we have city
staff expedite their review of the plans submitted by the applicants Econo Lube
and Schucks. The cost of that expedited review will borne by the applicants. I
further instruct staff to keep track of that amount because it may establish future
policy in this area. Once the plans have been reviewed, if possible, based on the
condition of the plans, issue a foundation permit to Econo Lube and hold final
issuance of building permit until final plats have been approved. But also add to
that life safety conditions be included on the site before construction activities
begin meaning that emergency vehicle access could be provided to those sites in
case of emergency.
Bentley: Second.
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Meridian City Counci•
February 17, 1998
Page 32 '
Corrie: Motiom made by Mr. Rountree, second by Mr. Bentley. I'll try to real
quickly here -; get the staff to expedite the plans including the costs be borne by
the applicant and keeping track and too that the conditions of the plans are
based upon the issuance of a temporary permit, and certain life safety conditions
are -
Bentley: Gary, Shari, does that have all your concerns that we need to have in
that motion in there?
Smith: Well, I think from my stand point it does.
Stiles: I just have one question for legal counsel. The development a~qreement
#hat has not yet been approved by Gity Council, if they close on the 28 h and the
plat is not recorded yet, then the Tucknesses will not be signing the plat and they
will not be signing the development agreement. Is that correct? tf they are no
longer the legal owners of the property after the 28th, then Econo Lube will
entering into the development agreement and will be signing the plat. Is that --
Crookston: That's correct. I think that we can deliver whatever proposed
development agreement there is to Schucks and to Econo Lube so that they
have an opportunity to review it. But whoever own the property has to sign the
plat.
Stiles: So if they have already signed the plat and they are going around getting
signatures from other agencies at this time, what happens after the 28~' when it
changes hands? Because John Preister is not going to sign the plan knowing
that the now owners of the property -
Crookston: -- have not signed the plat.
Stiles: Yeah.
Crookston: That might be able to be handled by an affidavit that goes to the
extent that states what is happening and that as of a certain date, Econo Lube
and Schucks will own the property, and if they have not yet signed the plat, they
will, and if for some reason that hasn't come forward yet, the Tucknesses then
would sign as required. It has to be a mutual agreement between all parties.
Stiles: Patrick, do you know if there is any problem with changing the
development agreement so it now states Econo Lube, or are you not really sure
Econo Lube is going to be the successor owner'?
McKeegan: The wheels are turning and - assuming the foundation permit is the
document we need to close escrow, and Bob you may have to help me here.
Can we close escrow without transferring title to the ~property, I mean, is there a
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Meridian City Counci•
February 17, 1998
Page 33
way to do that without transferring title to the property or having another
underlying agreement that says the Tucknesses are signing the documents as
owner of record at this point in time, but once that document is recorded, then
everything kicks in or are we running into a problem that 1 haven'fi though about?
Mitchell: I'd like to thank Shari for bringing that to our attention. The anticipation
right now and the paperwork that we gave to the Tucknesses tonight said that
property would be held with a note and the deed of trust until the Schucks
building permit was issued and which could another we anticipate another thirty
days, but the title would be transferred at closing to Econo Lube and Tube and
then Econo Lube and Tune is in turn is going to sell half of the property to
Schucks. So I don't know what technical issues that brings up. I really can't
answer that one, but I did have one other subsequent question that was
discussed a little earlier but maybe not entertained, is there a way to issue -
ass,uming that they pay whatever monies are needed to process all the plans in
the next ten days or two weeks, is there a way to issue a building permit that is
not - you cannot use until the plat is recorded? Are there building permits ever
issued that have conditions on them? tf building permits have been in the past
issued with conditions that need to be met, would this not qualify as a condition
that work cannot begin on the site. The plans have been approved. Everything's
been signed off, but the individual is not allowed to proceed with work on the site
until the certain other conditions are taken care of.
Rountree: It seems like iYs an non building permit. I don't know that it would
have any more bearing on your problem with the situation you are creating with
the complicated transaction that you have got going. I guess at this point, as a
city councilman, I don't believe it's our responsibility to untangle that bunch of
knots that you have created. We will do our best to expedite what we can on our
end, because you've got some work to do on your end too.
Mitchell: Yeah, we appreciate that, and we are going to continue to work around
the clock to resolve these issues to the .best of the City's satisfaction, anything
you request of us, so we appreciate your consideration, and we'll wait to hear the
motion and then we'll talk to all of the parfies first thing in the morning and let
them know what we've come up with. Thanks.
Crookston: Mr. Mayor, Council, in the statement that Mr. Rountree mentioned,
he said to hold the building permit until the final plat was recorded. Is that going
to work for us because you won't have the building permit?
McKeegan: We are going to find out if the foundation permit will suffice as
indication that the City has reviewed the plans and have reviewed them
sufficiently that they are willing to allow us to proceed - theoretically with the
foundation that there are not any significant constructability issue or code issues
with the plans, and that's how I am going to present it to Econo Lube in the
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Meridian City Counci~
February 17, 1998
Page 34
morning is that, you know, this is what the City is generously offering and we'll
make do with it. As far as the plat, it's my understanding and again I am not the
engineer or the attorney so but, is it the - when the agencies review the plat and
sign, they are looking for an owner's signature on the document, and when the
affix their signature to that document, they have indicated that that document
meets all of the requirements that they may have. In my mind, if there is a
problem with the Tucknesses signing the plat going through the process with the
Tucknesses' signature on it. And then at some point the legal ownership
changes, I can see that it would be incumbent upon us to go back to the
agencies and say, "Here's the old plat with the Tucknesses' signature on it. Here
is a new original with the current ownership. Would you please, since everything
is the same just transfer your signature from one to the other.n And I don't know
how big of a problem that is going to be, or how big of a process that is, but I
can't image that we are the first ones that have ever had this situation where
there's been a change in ownership due to wrhatever circumstances in the middle
of the platting process just because it takes, you know, there is usually a
significant amount of time. Especially I can see like on some subdivision plats
maybe where property may change ownership during the whole development
process. I don't see that as a significant hurdle assuming that we can close
escrow on the 28"'. That's just another thing that we'd have to deal with on our
side of the fence, and we certainly don't want to drag council into that.
Stiles: Mr. Mayor and Council, I just want to make sure that I prepared a
development agreement for the proper signature. ThaYs the only thing that I'm
concerned about. As far as the plat, you might want to call John Priester in the
morning and ask him that very question. What you do when the ownership
transfers in the middle of getting all your signatures. Because I don't think any of
the agencies, except for John Priester, actually researched the deeds and find
out who the real owners are. If you could call John and ask him what happens in
that situation, I'd appreciate it if you'd.give me a ca11 and let me know, and then I
can - I guess right now I'll be doing the developmenf agreement set up for Econo
Lube to sign if that's what you think I should do.
Mitchell: That would be fine.
Stiles: Okay. If you could get me their correct name and mailing address and
who would be signatory to that document.
Crookston: The president and secretary of the corporation.
Stiles: And I'll get ttiat to you this week if you can get me those names so they
have some time to review it, and we'll get that scheduled for the March 3~a
Council meeting.
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Meridian City Counci~
February 17, 1998
Page 3 5
Mitchell: They do have copies of all the drafts - everybody got everything. I've
got a standard list of about nine people that I just give to my secretary and say,
shotgun this and it goes. So they've reviewed the draft that you have.
Corrie: Okay then, everybody is on page one here. Okay. Any further
discussion? Questions been called for. You heard the motion and second. All
those in favor of the motion say aye.
MOTION CARRIED: All aye.
Corrie: Council, I need a motion to table item number eleven, the development
agreement until March 3~a
Bentley: So moved.
Rountree: Second.
Corrie: Motion's been made by Mr. Bentley and second by Mr. Rountree to move
to March fhe 3`d the development agreement for Econo Lube Subdivision. All
those in favor of fhe motion, say aye.
MOTION CARRIED: All aye.
ITEM NO. 12: DEPARTMENT REPORTS:
Corrie: Chief?
Gordon: Nothing, Mr. Mayor.
Corrie: Shari?
Stiles: Nothing more.
Corrie: Gary, iYs your turn.
Smith: Mr. Mayor and Council members, I'm sorry I didn't get these on the
agenda. I've got a couple of quick ones. I don't think they will take much time,
but t do need your indulgence, if that's alt right. This is a contract change order
number one for Tulley Park improvements. There are five items there listed as
far as description of changes. Bike rack deletion, trash can with enclosure
deletion, adding sixty feet of 15 inch pipe, adding some orchard valves, three
orchard valves, deleting some irrigation ditch. The net result of all this is
$6,510.75 decrease to the contract.
Bentley: Did you check with Mr. Richardson on deleting those three bike racks?
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Meridian City Counci~
February 17, 1998
Page 36
Smith: No, sir.
Corrie: Just for curiosity, why did we delete the three bike racks and the trash
can with enclosures?
Smith: Well, that's a fair question, Mr. Mayor. We are trying to pick up some
funds to help us build the pump station because of the situation with Turtle
Creek, and the demise of that development at this point in time. So the City is
going to be required to stand the cost of their share of the cost of that pump
station in order to get the irrigation system for the park in operation. We'll phase
that pump station as much as we can, but there are certain things that we are
going to have to build. So that's what we are doing is getting rid of some items
that we can get rid of for the time being, not that we'll do without forever, but we
just need to -
Bentley: Gary, can you tell me what we've got that's worth $900 for a trash can?
Rountree: They are enclosures.
Smith: Yeah, they are -1 don't know exactly what they look like. I've got a
feeling they are exposed aggregate or some kind of a prefabricated trash can
enclosure.
Bentley: ~I was going to say, I was wondering if they were gold plated or -
Smith: Probably what we'll do is we may revert to something similar to what we
have in Storey Park that was a project that an eagle scout did and we furnished
the materials, and they built it.
Corrie: I was going to say you might get the Kiwanis or somebody to do the
project.
Smith: So I guess I would request that Council approve this change, and
authorize the Mayor and City Clerk to sign the change order.
Rountree: I would move that we approve the change order number one for
Tulley Park improvements, authorize the Mayor to sign and the clerk to attest.
Bird: Second'.
Corrie: Motion made and second that we have the Tulley Park improvements
deletions and additions with the decreases and order change in the amount of
$6,510.75. All those in favor or the motion, say aye.
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Meridian City Counci•
February 17, 1998
Page 37
MOTION CARRIED: All aye.
Smith: Thank you Mr. Mayor and Council. Item number two is also dealing with
Tulley Park, and I'll pass out a little explanation of that one. As a bit of
explanation, this is just a proposal for a change. We don't have any official
paperwork other than the proposal for you to look at. But this is a request from
our Park's Director to increase the height of the fence in the basebalVsoftball
fields that was originally called out as four foot in height, and apparently this
height of a fence has a tendency to be just a flip over deal for an outfielder racing
for a fly ball. So he's recommended that we change that to either seven foot or
eight foot fence, and page one - first page shows the proposal by the contractor.
Brad has written to the side of what they typed, and submitted the seven foot and
the eight foot alternative. Unfortunately, the Boise Paving took the bid that they
got from the subcontractor who is Cascade Fence. They #ook the bid for the
seven foot fence. They also took the bid for the eight foot fence, added the finro
togefher and deducted what was bid for the four foot fence and came up $15,
443.00 which is not correct. It was one or the other, and the sum of the two. So
using the seven foot height, the bid from Cascade Fence is $8284.00, and you
subtract what was bid by Boise Paving for the four foot fence of $3741.00 gives
you a total of $4543.00. Right at the moment Brad and I have a little
disagreement with the contractor as to what he should be allowed for an
overhead on a subcontractor. We think it should be 5°/a. If we assume that they
will buy off on that, then down in the left hand corner of that letter of the figure of
$4770.00 is what we would entertain from them as being a reasonable number.
The documents that we have - the conCract documents don't specify what that
percentage is or should be. But we feel that 15% on a subcontractor is
excessive. ~
Bentley: 1 like the fence that they had at the college world series. The one the
guy ran through.
Corrie: So it looks like Tom would rather have the guy run into the fence than run
over it.
Smith: Yes, sir.
Bentley: Is that safer for him to run into something solid and be stopped or to fall
on over?
Bird: IYs safer to run into it than -
(Inaudible)
Meridian City Council~ •
February 17, 1998
Page 38
Rountree: Help me understand this quantity, Gary. The concept that I heard
was the foul line fences would be raised to seven or eight feet, but the outfield
fences would remain the same. That was understanding.
Smith: They talked about extending the fence along the foul lines passed the
bases in order to protect the public from overthrows. I guess I honestly can't say
- excuse me.
Rountree: See, that amount of the both fields would be something in the order of
400 feet.
Bird: I thought it was discussed to have a removable fence out in the outfields,
Charlie. So that we could use that -
(Inaudible)
Smith: And then you are going to add more.
Rountree: The concept I thought I understood when this was being talked about
was the foul line fences were low, weren't going to do anything in the way of
protecting pedestrians on the paths, or players or spectators. That the height of
that fence should be rephrased to seven or eight feet which is consistent with the
design we have at Storey Park, and that the outfield fence would either remain
the same or be deleted, and that we would use a temporary fence at least on one
field; the field that would also be incorporated into the full size soccer.field off
season.
Smith: Yeah, I think you are right. The sketch that I've got shows 177 feet of
seven foot fence on fhe first base side, and 100 feet of seven foot fence on the
third base side. And then on the first base side, they transition from seven foot to
four foot owffield fence at the corner.
Rountree: So that's 54.5 feet of seven or eight foot as opposed to 872. feet. We
would be deleting that amount of four foot, possibly more on one field if we
deleted it on the entire field.
Smith: Right. Yeah, we are going to delete 752 feet of four foot fence. And then
we provide 872 of seven foot fencing. They also deleted 120 feet of six foot
fence. So the 752 feet of four foot fence and 120 feet of the six foot fence wece
deleted. That's the 872 feet. I can't account for that as to where that was on the
fields.
Corrie: So we are still talking about the seven foot fence and negotiated fee
would be -
Meridian City Counci~ •
February 17, 1998
Page 39
Smith: Right. I misstated the location of it. It should be the foul line fences that
we would be changing.
Rountree: Just the foul line.
Smith: Right. So it appears as though the ou~eld fence stays at four feet then.
Rountree: Do you want to run those number again with that because I-
Smith: Well, I'm not - ~
Rountree: 872 feet of f.oul line fence seems like quite a bit.
Smith: The sketch shows 177 feet of seven foot on the first base side. A
hundred feet on the third base side. That's 277. Then fhey transition from seven
to four feet for a hundred feet on the first base side.
(Inaudible)
Smith: It would be a little farther than #hat because that 177 is from the back
stop. Right. End of the back stop.
Rountree: Well, I can agree with increasing the height of the fence along the foul
lines. 1 think thaYs probably a safety issue. If we have to eliminate the outfield
fence in order to make this balance, that would be my preference. I would like to
see us do what you tried to accomplish with the previous and that's keep this
thing without escalating costs. If in fact we do have to permanently fence that
outfield, possibly we can do that with league fees once they start. I think on a
interirn or for a year possibly it could be done with a temporary fence.
Bird: 1 don't see anything wrong with that fence for a year especially if we can
tear it down and reuse it in other brother sports. If we can remove those.
Rountree: So, I guess Gary, what I would ask you to do is go back and see if we
can make that balance out. And if - I guess with Council's approval, if there isn't
a minor difference between the two, I would like to the higher fence go in those
foul ball areas. Down the foul line.
~ Bird: My preference Charlie would be to get the higher, if we have to leave out
the outfield fence, leave it out. Get the higher fence down the foul line because I
think we are talking about a(inaudible) issue.
Smith: And the seven foot, is that adequate as far as you are concerned, rather
than the eight foot. ~
Meridian City Counci~ •
February 17, 1998
Page 40
Rountree: Without bleachers, iYs probably not a problem. If there's a four row
set of bleaches stuck out there, then I gueSs we make the condition of whoever
puts the bleachers in there raise the fence the appropriate height.
Smith: What's the height of the fence at the Storey field?
Bird: ThaYs not even six foot.
Smith: It isn't?
Rountree: The new fence?
Bird: Oh, you mean the baseline. The baselines are only about - from the
dwgouts on, heavens I can lay across them. Five foot maybe.
Smith: But from the back stop down to the dugouts they're-
Bird: Oh, yeah, they're way out. Yeah, they are fourteen, sixteen foot.
(Inaudible)
Rountree: What we do, we ought to do right. But if we can hold off the outfield to
next fiscal year or get some league fees to do that, that would be my preference.
Smith: Okay.
Bird: Nampa's got on their softball complex, they've got a four foot high fence
around the outside, but their foul lines I think, they go down to~ past the bases
about what ten or twelve feet, and they start dropping down, but I think liability
wise, we need a higher fence down those foul lines.
Smith: Thank you. I will go back to Brad; and we'll work this out and see what
we can get. The last thing I wanted to mention to you is that Brad got word that
he passed his professional engineering examination, so he's a registered
engineer now.
Rountree: We've already toasted with him.
Smith: Yes, we have. That's all I have, Mr. Mayor. Do you have any questions
of ine?
Corrie: Counselor.
Crookston: I have nothing, thank you.
Meridian City Counci~ •
February 17, 1998
Page 41
Bird: I've only got one thing. Where is the Mechanical Fee Ordinance?
Corrie: I've got it right here, and you asked that same question. You brought it
up. We'll find out - we need to adopt it That's what it amounts to.
Bird: We need to get that going in so that we can get consistent here, and so we
don't pull any surprises on these developers and builders that come in, and we
need to get the fee increases up so we can get some more money in our
revenue.
Corrie: I guess do we want to bring in the Uniform Mechanical Code for the three
exceptions, then?
Bird: That's what our Mechanical subcontractor recommended. I haven't seen
the agreement or anything.
Rountree: We've been in receipt of a letter frorn him for a number of weeks. I
believe it even has a fee schedule. I don't know where that is in terms of
ordinance makeup. Do you have that one?
Crookston: No, I don't.
Carrie: I guess we need to have you do it if it meets the City Council approval,
with those three sections. You've got that copy?
Crookston: No, I don't.
Rountree: Mr. Mayor, I would move that we have the City Attorney draft an
ordinance around the recommends supplied by Mr. Medley.
Bird: I would second that.
Rountree: ... of December 30th, 1997.
Bird: I would second that.
Corrie: Motion made by Mr. Rountree and seconded by Mr. Bird to have the
attorney draw up the Uniform Mechanical Code adoption with the following
exceptions on the page of the letter of December 30t'', 1997. Any further
discussion? All those in favor say aye.
MOTION CARRIED: All aye.
Corrie: I'11 give you this one, Wayne to add. Anything else? Since Mr. Bentley
lost his voice, he can't sing.
Meridian City Council• •
February 17, 1998
Page 42
Bentley: I've got a couple of things. One I can think of. In everybody's box, I put
a form letter that I put together and its says, "Request for Budget Transfer and
Adjustment." On it, one problem that we've run into, we've made several budget
adjustments in the past six months, both this council and the last, and none of
the adjustments have been made. Checking with the Treasurer, she states that
she hasn't heard about them .because she doesn't get copies of the minutes or
time to really sit down and read all the minutes, so what I'm suggesting to the
Council, and they can give me the inputs, yes and no, is this form I put up. It's
got on there for data request, the department, the department head, and the
commissioner signs off on it. It says we request a budget transfer adjustment of
so money dollars from either one account or the general fund to another account
which should be a line item. If it's over $500 of course it has to be approved by
the Council, so the form has a move for there. For the Mayor to sign, the Council
President to sign and then iYs turned over to the Treasurer, date completed. And
the Treasurer's signature, and what I would suggest is we implement this, the
department head keep a suspension file for it, and then they can have a way to
follow up on this. The real problem that we've got is we've got three of the four
police cars in. The fourth one should be here 1 think within a week or so.
$80,000 that was approved by the last Council, and the money is not in fhe
budget yet. So, I'm just trying to offer up a audit trail so we can make sure
everybody knows whaYs going on so that they can get their jobs done. Further
discussion?
Rountree: I think it's a grand idea. I would suggest, and I don't know what the
City's policy is on forms, but it wrould be put up as a city form, put in whatever
manual we have for fiscal under budget items and it can become standard
operating procedure.
Berg: I haven't seen the form yet, but I would sure like to look at it. The question
I have with the $80,000 that he refe'rred to was a line item transfer. What we
have is I assume approval from the City Council to go ahead and buy those
police cars. We need to amend the budget at the end of this fiscal year, like we
do in previous years, for money coming in for the money to be expended. We
don't have that money in our current budget that we approved to come in even
though we have it, we have to amend our budget, and we can only amend our
budget once.
Rountree: The motion and the action on that particular item was that those cars
be paid for out of the budget surplus from the pofice department in the fiscal year
1997. They had an overage. Their request was made of Council that they buy
out of '97 monies as opposed to have it in the budget for '98. That was approved
by Council.
Berg: But we didn't purchase those in our fiscal year '96, '97.
,.,
Meridian City Counci~ ~
February 17, 1998
Page 43
Rountree: They were obligated to be purchased in the fiscal year '97.
Berg: I'll have to check with our auditor, but what we have done in the past, even
though we've had excess money, you have to purchase those in that fiscal year.
We transfer money.
Rountree: You can't obligate those monies because the obligation is really made
before the end of the fiscal year, as I recall.
Bird: It was done in November when the - it was after October 1St when the
Council give because I sat here when they gave that $80,000. That has to be in
the fiscal year, and 1 don't, but I always thought that - and the state agencies and
stuff I deal with the billing has to be in by the end of the fiscal year to go on that
year's budget. Unless it's contract or something like that.
Rountree: They can't actually obligate those monies, but you are right, it has to
be in that fiscal year for monies to be spent in the upcoming year.
Bird: I'd be interested in pulling the minutes of the meeting and see exactly the
way that - the way it's sitting out there in the audience, I took it was asked by - I
don't know which, I think Mr. Morrow, but if fhat was in the budget from last year,
and he said yeah, and I think that's fhe way it went down like Charlie is saying,
and Glenn. I don't think you can commit after October 1 st when you quit for that
fiscal year, I don't think you can come after that October 1 St. I don't think we can
legally purchase items with that money when it's closed out October 1 St, and I
think by not staying to these policies and not having dates to cut off is the reason
we are in audit trouble we are in right now.
Gordon: Mr. Mayor, the discussion on these vehicles originally came up in the
August budgeting sessions. At the time we were peering back at everything,
doing the increases in the departments that needed them. We came up with a
funding balance of surplus if you will, and at that time it was decided that we
would go ahead and purchase the vehicles out of that surplus, and thaYs where
the ball got rolling on picking up these four cars. And in fact somewhere along
the way, the mention was also made to include in that getting the fire chief a new
car too. But I don't know what happened with that. But anyway, the four police
cars, that's where the money was suppose to come from through a budget
adjustment.
Rountree: Well, in fact, that is what is going to have to be done with (End of
Tape) ~
Corrie: Now we are going to have to pay for those cars.
Meridian City Council• •
February 17, 1998
Page 44
Rountree: Bill, hoWs your savings account?
Bentley: If we knew that those two officers would be on right now.
Bird: The only thing that I'm stating is we've got to have a fiscal policy that we've
got to uphold, and I remember - I was sitting here, and I know iYs after October
1 St when they were approved for chief, but then I have no problem with that. But
whatever we do now that my rears on the line, we're going to do it right and legal,
I mean we got to pay for the car, that's right. If Chief has to get down to the end
of the savings account, but we got to pay for them, but I want it done, you know,
if it was approved by the Council after October 1 St, then we got to do a budget
adjustment in this years, don't we, Charlie?
Rountree: Yes.
Bird: I mean we can't go back to last year if -
Rountree: No, it has to be an adjustment in this year's budget.
Bird: And Will's saying we've already done that once.
Berg: No, we haven't. We do it once towards the end of the year when we know
what is expected.
Bentley: What all is needed.
Bird: Okay, but how can we legally cover this money that the chief went and
contracted for and the Council had approved? He don't have it sitting around in
his budget, I'm sure. If he does, we'll have a chat with him, but how do we get it
transferred over'? We can't go back in to last year's budget. I don't believe.
Berg: That's correct. You'If show a deficit or an overage in that line item until the
end of the year, until you can appropriate money from a previous yeaPs -
Rountree: It comes out of the general fund as the end of the year budget
adjustment.
Bird: Yeah, but how do we pay for it now, Charlie?
Rountree: Out of general fund money.
Berg: And hope we don't spend anything else that we can hold it off, which we
have in fhe past.
Bird: Okay. .
Meridian City Counci• •
February 17, 1998
Page 45
Berg: Several departments are very conservative with the money don't spend
exactly what they budget.
Corrie: You can pull it out of the general fund excess if you have ta
Bird: Okay, but we can only adjust the budget once a year, and we do that
towards what? August?
Berg: Yes. ~
Corrie: He will be over his budget at the end of the year.
Bird: But we have to adjust it. Okay.
Berg: We amend the budget prior to adopting the next year's budget. That's a
process we do, but we only do it once. And thaYs why we wait until the end of
the year.
Bird: The only thing I wanted to say is if we don't go back into last fiscal year, iYs
done this fiscal year because it was approved after October 1 St by the Council.
Berg: And I guess what I'm saying is that's a particular issue for police cars is
not a line item adjustment. We will be just showing an over expenditure in a line
item for purchasing vehicles until and it will show in his budget that way until we,
amend the budget.
Rountree: But the form could include that - the approval of a budget adjustment
for that amount for that department head as a suspense so when we get to the
end of the year, it doesn't get dropped.
Berg: Well, yes, that's correct, and I have talked to the Treasurer about that
previously, but I did not say that in specifics, I just said that we are going to have
an over and a deficit in whatever particular line item that is because of the
purchase of police cars.
` Bentley: Also Mr. Mayor, what this will do though, it will give us a file of running
totals so we know where we are at and nothing gets left out, but it will also come
into play if you are doing an intero~ce transfer of funds lets say in excess of
$500 or even less, you've got a way to show that you've moved money from one
line item to another.
Bird: I think this form is very good.
Meridian City Counci• •
February 17, 1998
Page 46
Berg: Another comment I have. The other concern I would have just so that we
don't just keep transferring $500 every month to another account or to the same
account. I think the idea is to be very conservative when you are transferring
monies, and if it's a major thing to bring it up to Council and have it approved,
because it's not a big thing when you are talking about trying to supplement your
each department.
Bentley: But I think that's the job of the commissioners.
Corrie: Well, they can move $500 around.
Rountree: Right.
Bentley: I think he's just saying continuously every month. Every month moving
$500 into the same account, but there again I think thaf's the job of the
commissioners to over see that. Secondly we are sending off a letter. I got a catl
back from Lance Johnson on that fencing of Meridian Road. They are looking at
approximately $20,000 and we got a letter going off to ACHD asking them if they
will do the match. As I told Lance, I got a little problem with taking money out of
the City Treasury to do some road work considering the tax payers sit and pay
taxes to I.T.D. and ACHD both. I think the two of them ought to be able to get
together and take care of that safety need. Boondocks is suppose to open on
the 10"' of next month, so there is already somebody riding on the bridge every
morning. I see them going - I guess they are going to school or something. But
they are riding across on the thing. And also we'II talk to ACHD or whoever does
the striping. There's about a finro foot median - painted median in there. Maybe
we can get them to suck them line together a little bit and give a little more room.
Although I want to take address to the public if we get this fence up and they are
going to post it as not pedestrians, but I want to stress it to the public either
through the paper or news media or whatever that this bridge is not designed, it
should not be used for foot or bike traffic. Especially with the free tlowing on
ramps so somebody doesn't get smashed. So thaYs wfiere we are at with that,
and fhat's all I have.
Rountree: ! have a whole litany of things, but I'm going to pass because of the
hour, but I do have one thing I want to mention to you Council and department
heads that are here. It's been brought to my attention that we probably ought to
be a little more cautious and maybe cautious isn't the right word, but maybe a
little more organized in our public voice related to speaking fo the media. I would
like to explore and utilize some references that I have that at least give advice to
department head about what they need to do when they get contacted by the
media. So they don't fall prey to an ambush interview and get balled up in
statements that may come across as being stupid since that happens on
occasion without anybody's input, but the more we help, the easier it is for them
to do that. Something on the lines of - and I would recommend this for anybody.
Meridian City Counci~ ~
February 17, 1998
Page 47
I practice it in my office is that when you get called by the media, you ask who
they are, what it is they want, what questions they want to discuss, what are they
deadlines, their phone number and tell them you will return their call once you
gather the information. That gives fhe department head an opportunity to
discuss it with the Mayor, their respective representative and liaison so we don't
read about it the next morning in the Statesman or the Valley News and scratch
our head and wonder whaYs going on. I think it tends to keep the voice to the
public uniform. It give everybody an opportunity to say, Okay, that's a topic for
discussion. Everybody up here knows what's going on or gets an opportunity to
know what's going on, and we don't get ourselves in a pickle. The reason I point
this out is our suit wifh the Statesman, and I think iYs just good practice to be not
cautious but to be sensible in dealing with the media. You don't have a
responsibility to chit chat on the telephone with a reporter just because they call.
And they respect that as well, and if they don't then you need to question their
ethics as a reporter. I've never had a reporter question that when I've done that
with them. They like the idea that the information they are going to get is good
information. I would like to see council discuss that with their various department
heads, and maybe us talk about it a little bit so we don't get off in left field on
something. As far as the councilmen, hey we can shoot our mouths off all we
want, but just - I don't know that anybody, Bob's probably had in public
administration had some media course work. I've had some media training. I
think Wayne had. 1 don't know about the rest of you guys. Probably you have,
Ron, dealing with the public and the fire department. They are just kinds of
things that you need to think about and I really never thought about it, until this
deal with the Statesman and the situation we've got going on here, and again it is
not a hold them off, it's what do you want, get time to think about it, get your story
straight, get the input of the appropriate supervisors, get back with them and get
them the right story. Just think about. I just brought it up to think about.
Anderson: Just like last Saturday's meeting was misadvertised in the paper as
far as what it was.
Bentley: We were going to rnake a decision on the contract.
Anderson: We were going to vote on it.
Bentley: I got a phone call on that. And the first thing I said to the gal, it wasn't
Victoria. It was somebody doing a follow up. I says, "Wel~, what are you talking
about?" And she says "Well, the article in the paper that you were going to vote
on the contract, and we wanted to know, is the union voting - did the union vote
to accept the contract?" I says, "I don't know what the union is doing. In fact I
don't even know what story you are talking about because it didn't come from
any of us." I says, "So I think you need to really check your source because we
are doing some work on a contract, but we are not voting on it." And I have no
idea what the union is doing. You'd have to call them. And she goes, "Oh."
Meridian City Counci~ •
February 17, 1998
Page 48
Rountree: I want to remind everybody of the planning meeting next Tuesday
night at 6:30. Is that the correct appointed time and the discussion on the
agenda unless it gets something else added is space.
Corrie: I do have on addition if it meets with the approval. Susan Eastlake would
like to come for about ten minutes. She wants to talk about the funding mefhods
- the alternate funding for the APA voting issue.
Rountree: Is she not going to have an opportunity Thursday to do that?
Corrie: No.
Rountree: Okay.
Corrie: Not there. She's met with all the other councils. She wanted about
fifteen rninutes to get our opinion on how the method should be funded.
Bentley: Have her come at 6:15. I'll be gone by - I'll be here by (Inaudible).
Corrie: She's going to be at Eagle and she's coming right straight here.
Bird: We meet with them the 26th, don't we?
Co~rie; The 18tn
Rountree: The 18th or the 19th? Thursday at 4:00 there.
Corrie: 1'm sorry, it's the 19th, yes. Do we have the agenda?
Rountree: I haven't seen one.
Berg: No, I haven't tried to copy the agenda yet.
Bentley: Could you add to that when they are going to get started on that median
on Central that they promised us for the past year?
Corrie: $ring that up.
Rountree: Just put a reminder on somebody's sheet so we just ask it in general.
Corrie: As soon as we get it, we'll - I'll talk - tell Jerry to put it on there.
Meridian City Counc~ •
February 17, 1998
Page 49
Anderson: I guess just a question for Charlie and Wayne, the things that we are
talking about in Saturday's meeting. Did you guys get a chance to get any of that
done with the Rural District?
Bentley: If I may, I was going to ask for a short Executive Session so we could
discuss that.
Rountree: Anything at this time then?
Corrie: Anything else? Okay, I'll entertain a motion for Executive Session.
Anderson: So moved.
Bird: Second.
Corrie: Motion made and seconded to go into Executive Session. All those in
favor say aye.
MOTION CARRtED: All aye.
(EXECUTIVE SESSION)
Corrie: We are out of Executive at 10:35. No decisions were made - personnel
discussion. I'll entertain a motion to adjourn.
Bird: Mr. Mayor, I make a motion we adjourn.
Rountree: Second.
Corrie: Motion made and second we adjourn. All those in favor, say aye.
MOTION CARRLED: All aye.
MEETING ADJOURNED AT 10:35 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
OVED:
RT D. CORRIE, MAYOR
Meridian City Counc~~ ~
February 17, 1998
Page 50
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~ MERIDIAN CITY COUNCIL •
AGENDA
TUESDAY, FEBRUARY 17, 1998 - 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: ~C RON At~tDERSON _~CHARLtE. ROUNTREE
-TGLENN BENTLEY ~c KEITH BIRD
. _~MAYOR ROBERT CORRIE ~
MINUTES OF PREVIOUS MEETING HELD FEBRUARY 3, 1998: ~'/~rav~
MINUTES OF SPECIAL MEETING HELD FEBRUARY 6, 1998: a~v~'i-o~~i
MINUTES OF MERIDIAN CITY COUNCIVRURAL FIRE COMMISSIONERS HELD
JANUARY 31, 1998: ~ f'vrov~
1. TABLED JANUARY 6, 4998: ORDINANCE #788 - FISCAL POLICY
ORDINANCE: ~~c,~ ~/ / ~'1 ~.~ 3 ~'!' y~-f~-.
2. TABLED FEBRUARY 3, .1998: REQUEST FOR INSTALLATION OF SEPTIC
SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES:
~a~ G~~;2 ~h ~-c~- ~/~.~ i~,
3. REQUEST FOR CONDITIONAL USE PERMIT FOR INCLUSION OF A DRIVE
THRU WINDOW ON THE WEST END OF A NEW ADDITION TO EXISTING
CHERRY WOOD RETAIL CENTER BY W. ROY 8~ RICHARD BROWN - SW
CORNER ~~,~~ R C~dS"~- P~2~,. ROAD:~ov~e. '~~v~''~Ce cL~~~
%'I~ ~ ~
4. ~ PUBLIC HEARING: REQUEST FOR VARIANGE TO REDUCE THE NUMBER
OF,.., PARKING SPACES REQUIRED FOR B-II LL.C. (RAMA SUBDIVISION):
^ ciV~ 2f~~ ,/o ~-u.p~.e ~'/~ ~ ~ /L
5. FINAL P T FOR C NTRAL VALLEY CORPORATE PARK NO. 6 BY R.T.
NAHAS AND RAFANELLI NAHAS - SW'/. SECTION 18, T3N; R1 E, BM:
~~nn~ro vQ ~i~ 6~e~ s~.bv'e ~f- ~v ~'f-aff b' a5en e c~ ~.~fT
6. WASTEWATER DEPARTMENT - ADMINISTRATION BUILD~NG PARKING
LOT DRAIN CHANGE ORDER: ~~~-vv.~ .
7. AGREEMENT WITH ACHD - ROADWAY RECONSTRUCTION - SEWER &
WATER LINE IMPROVEMENTS: ~ro%e c~~~'<~ ~~-e~. Covk~~',r
8. IDAHO.POWER COMPANY POWER LINE EASEMENT: ~~r~~'~'
9. BECKY BOWCUTT - NORTHEAST CORNER OF EAGLE & USTICK:
~'b~e ~~:~ dn~ c~ ~~2 l~.~ ~ r pz~ ~~e ~~
10. DEVELOPMENT AGREEMENT FOR TURNBERRY SUBDIVISION N0. 1:
~~ U~'e.~ /n~..~- ,~~=° //~z,~ a~r/1~i~ ~ e~f~~
11. DEVELOPMENT AGREEMENT FOR ECONO LUBE SUBDIVISION:
~~ec ~-~ `~~ a~ ~~. .
12. DEPARTMENT REPORTS:
~~~n-t.~~ " ~ C~ ~~ ' ~~.lC -- ~~a~lz- C~a.~n c~ .
~
l ~ ~~e~ r~~lc~ ~
Y OF MERIDIAN
PU~ ~' MEETING SIGN-U~HEET
~! ~o~in ct-~ /~ ~1-~..~i
~C~~~'ED
F E~ 1 7 1998
`~ ~"Y 0~ ~.~~R.~~t~1
NAME PHONE NUMBER
d~" ~I lo~-~
~ ~"-~ .- ~
~ ~7 - ~i
• ~
MERIDIAN CITY COUNCIL MEETING; FEBRUARY 17.1998
APPLICANT: ITEM NUMBER: 6
REQUEST: WASTEWATER DEPARTMENT - ADMINISTRATION BUILDING PARKING LOT DRAIN
CF6ANGE ORDER
AGENCY COMMENTS
CITY CLERK: ~~~~~ ~~~"a''``! Ww ?p
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITYfIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMIUIIT°TEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
~~
~~
~~
Y~~~
(!(~
OTHER:
J
All Materials presented at public meetings shall become property of the City of Meridian.
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P:E., Ciry Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
TOM KUNTZ, Parks & Rec. Director
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P 8 Z Administrator
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attomey
February 9, 1998
• HUB OF TREASURE VALLEY • COUNCIL MEMBERS
A Good Place to Live CHARLES M. ROUNTREE
CITY OF MERIDIAIil GLENN R BENT~EY
RON ANDERSON
KEITH BIRD
33 EAST IDAHO
MERIDIAN, IDAHO 8: ~~~~~~~~ssi.o.~
Phone (208) 888-4433 • FAX (208)~ ~'~~
Public WorksBuilding Department (2 ~ ~,~~I ` ~ J „ „~ ~ ~
L.egal Department (208) 884-~ ~~d~ /~(/i ~/~,
l~
Shelby Hope
Connolly Construction Co.
5700 N. Willow Creek Rd.
Eagle, ID 83616
Dear Shelby,
ROBERT D. CORRIEi ~ ~ ~
~ ~ ~l.c~,Q. C~p~~,, ~
Mayor O-- -
~ ~ ~vW~-e'v~v~ ]~j ~ -_
r~
° I N'asd-ew~~.~,r ,~ ~.~, -
r°-c't Vy~ I`vl 1 S'~'~ G+01~ ~
~~ , r ~ ~ (A "r
~'~. ~°`~ ~~ ~
~'lr i !/ ~'
~~- I~
~ I
This letter is to verify acceptance of the change order for the alteration of the parking lot
elevations. The Meridian City Council has verbally given permission for this change and
°official" acceptance will occur February 17~" during the regularly scheduled council meeting. We
do not wish to impede progress, so consider this letter as your authorization to proceed.
Sincerely,
John T. Shawcroft~'
wastewater supt. REG`E/VED
C: Ron Thurber; Architect `~~ ~~' ~¢ ~ "-`~~~
Brad Watson; Meridian Asst. City Engineer j-"~~t!Ofq-v
Gary Smith; Meridian Public Works Director ~fTM ENG~E~'
~
~
. .
~~ ~~~ ~~~
MEMORANDUM
~'
R~~~~~~D
FE B 1 7 199~
C IDIAN
t0: Keith Bird
CC: Gary Smith, PE, John Shawcroft, File
from: Brad Watson, E.I.T. ~~(~/
re: ,^WWTP Admiriistration Building - Change OrderProposal
date: February 6, 1998
As we discussed earTier this morning, we are requesting a change order be approved for
constructing~a subsurface drainage system as part of the new Wastewater Treatment Plant
Administration Building.
The site was originally designed such that the parking areas would sheet flow from the parking
lot off-site on to the sucrounding unimproved areas. Since then the WWTP staff has taken steps
to better utilize those unirnproved areas by constructing a road just south of the new parking lot
so that construction tr~c is routed around the plant instead ofthrough it. The sta~'has also
installed a sprinkler system so that the previous "scab-land" can be cultivated and sludge
applied. Because,the road and sprinkler systern are very close to the parking lot, these
improvements no longer make the cheap drainage system originat(y in the Admin. Building
project possible or even desirab(e.
As a result we have designed a subsurface stormwater disposal system for the Parking lot that
mcets the same standards we impose on commercial projects. Tfie_proposal for constnicting the
' d_'ra'tnage and disposai system is for $8,066 to $9,153. The difference of $1,087 is for a sand
base that may or may not be needed depending on the native materials discovered during
excavation. Also, please note the proposal is based on estimated quantities that may differ
slightly depending on actual material quantities used. The fluctaation shou(d not be more than
+/- $300, however.
The current project contract amount is approximately $290,000. from the desk of...
The budgeted amount for this project is $350,000 less Brad Watson, E.I.T.
approximately $20,000 for architectural and testing services. The Asst. City Engineer
p~ojecf-wil'f remain.within budget with the pcoposed change order. ' City of Meridian
33 East Idaho Ave.
The contractor, Connolly Construction, is waiting on authorization Meridian, Idaho 83642
(208) 887-2211
c:lbw1s17Ucbird.2~.mem.dot Fax: (208) 887-1297
r s ,
~ ~
of this change order so that they can proceed with the coastruction of the parking lot and
sidewalks. Thank you for your help.
c:lbw~s 171kbird.2-6. mem.dot
~
~. ~
~
MERIDIAN CITY COUNCIL MEETING: FEBRUARY 17.1998
APPLICANT: ITEM NUMBER: 7
REQUEST: AGREEMENT IMTH ACHD - ROADWAY RECONSTRUCTIOIV - SEWER 8~ WATER LINE
iMPROVEMENTS
AGENCY
CITY CLERK:
COMMENTS
CITY ENGINEER: S'-e e. C ~~-~~-~-^~
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:
I'/ ~7
~ ~ 1/'
.V
~~
~
C~~J
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
~~
,~
~`' ~
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
~
In#eroffice Memo
uat.: February 5, 1998
T« Wiil Berg, Jr. - City Clerk
C~ file
F~ GARY D. SMITH, PE
R~ ACHD Two Party AgreemeM
~
- --~-
" I~ ~ ~
~
~ ~~ ~
Will: Here is a proposed agreemerrt I have received from the ACHD to indude the construdion of our
water and sewer line improvemerrts in Meridian and Franklin Roads irrto their construc~ion documerrts
for the rebuilding of these two roadways. They will pay the contrador for installation of our lines and
we will then r~eimburse them afterwarcls. I assume lhat Wayne Crookston will need to review this
agreemeM prior to submitting it for~approyal by the CounciF and signature by Mayor Come and yourself.
GDS
1
•
. ~
SUSAN S. EASTLAKE. President
GARY E. RICHARDSON, Vice Presideni
SHERRY R. HUBER, Secretary
Gary D.Smith, P.E.
City Engineer
33 East Idaho
Meridian, ID 83642
Febraary 2, 1998
SUBJECT: FRANKLIN ROAD & MERIDIAN ROAD TWO PARTY AGREEMENT
Dear Gary:
I have enclosed a draft copy of the agreement for constructing sewer and water facilities as part
of the ACHD Franklin Road and Meridian Road road reconstruction projects. Please review the
docurnent and return it to me with any additions or changes you would like to make.
If you have any questions or comments, please call me at 387-6280.
Sincerely, .
ADA COUNTY IGHWAY DISTRICT I~EG~IVED
~ ~~
~
C : . - - ; .,, t~
•,; I .! '.' :)
' ~i~
~~
Chuck Rinaldi CtTY ENG~E~
Utility Coordinator
enclosure
c.
Kent Brown, P.E., ACHD
Ross Oyen, ACHD
Central files
ada county highway district
318 East 37th • Boise. Idaho 83 7 1 4-6499 • Phone (208) 345-7h8C)
• ~
AGREEMENT
ROADWAY RECONSTRUCTION
SEWER & WATER LINE IMPROVEMENTS
FRANKLIN ROAD - LINDER ROAD TO MERIDIAN ROAD
MERIDIAN ROAD -E.1ST TO FRANKLIN ROAD
ACHD PROJECT NUMBERS 520591 & 52092
THIS AGREEMENT made and entered into this day of , 1998, by and
between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners
hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal
corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second
party, both parties being a body politic and corporate of the State of Idaho.
WITNESSETH
WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the
tasks and costs of reconstructing Franklin Road between Meridian Road and Linder Road, and
Meridian Road between East 1S1 Street and Franklin Road, including water and sanitary sewer
installations as detailed in Project Nos. 520591 and 52092 hereinafter referred to as the
CONTRACT.
WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging
for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long
as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and
expenses it incurs as a result of additional work attributed to the installation of the water line and
the sanitary sewer pipeline within the Project boundaries, including but not limited to, costs for
1
' • ~
changed conditions, plan error and omissions, and delays attributable to the water line or the
sanitary sewer pipeline design and installation.
NDW, THEREFORE, in consideration of the foregoing premises, mutual covenants and
agreement herein contained, the parties hereto agree as follows:
1. DISTRICT SHALL:
a. Be the party responsible for soliciting , receiving, and opening of bids and for
executing and administering the construction CONTRACT for the roadway
reconstruction, and sanitary sewer and water line installation work referenced
herein:
b. Provide MERIDIAN with a complete set of combined bid documents for the
roadway reconstruction, and for the sanitary sewer and water line installation work;
c. Furnish MERIDIAN with an abstract of all bids received, and obtain
MERIDIAN `S concurrence with DISTRICT'S recommendation for award of the
CONTRACT prior to making such award;
d. Make monthly progress payments and the final CONTRACT payment to the
Contractor in conformance with the terms of the construction CONTRACT;
e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as
such estimates are approved by DISTRICT, together with an invoice for
MERIDIAN'S share of the construction CONTRACT costs earned by and to be
paid to Contractor;
2
. ~
f. Provide for~ the reference and replacement of all pre-existing survey monuments
within the work area;
g. Provide the trench compaction testing for the sanitary sewer and water line
facilities from 1-foot above the pipe zone ro sub-grade of the roadway section;
trench cornpaction testing shall be provided at the minimum frequency rate of one
(1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-
testing required in any area that does not rneet CONTRACT requirements; and
h. Provide the field survey and grade control necessary for construction of the
roadway. Centerline or offsets and stationing shall be established prior to
MERIDIAN staking sanitary sewer, manhole locations, and service lines.
2. MERIDIAN SHALL:
a. Be the party responsible to provide the inspection, field survey and grade control
required for the installation of all sanitary sewer and water facilities installed under
the CONTRACT and provide copies of appropriate tests and diaries to the District
Project Representative;
b. Provide DISTRICT with the construction plans, special provisions, and unit bid
quantities for the sanitary sewer and water facilities to be included in the bid
documents for the CONTRACT (all work required for the sanitary sewer and
water facilities to be performed in conformance with City of Meridian Standard
Specifications and Drawings);
3
. ~
c. Remit to DISTRICT, within thirty-five (35) calender days after the date of invoice
therefor, all funds for which MERIDIAN is responsible pursuant to the approved
final CONTRACT payment estimate; and
d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice
therefor, all funds for which MERIDIAN is responsible pursuant to this
Agreement.
3. THE PARTIES HERETO FURTHER AGREE THAT:
a. MERIDIAN shall reimburse DISTRICT, up to a maximum of $6,000.00 for all
costs incurred by the DISTRICT, including overhead and benefits, to provide
compaction testing, and soils work required solely for the construction of the
sanitary sewer and water facilities; mobilization, traffic control, flagging, detours,
and weekly meetings shall be reimbursed on a pro-rated basis.
b. The CONTRACT amount for the sanitary sewer and water portion of the project
to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual
quantities of work acceptably performed, and, or, installed, as determined from
field measurements, and paid for pursuant to the unit, and/or Iump sum prices
established in the CONTRACT;
c. MERIDIAN'S approval will be required for any change order work involving the
sanitary sewer or water line installations;
d. Prior to commencement of work by the Contractor, the parties will, together with
4
• !
the Contractor, inspect the entire project for the purpose of reviewing the project
to locate and note any unstable areas and resolve any items- of concern or
misunderstanding;
e. This instrument contains the entire agreement between the parties with respect to
the subject matter hereof;
f. This Agreement may not be enlarged, modified, amended or altered except in
writing signed by both of the parties hereto;
g. All signatories to this Agreement represent and warrant that they have the power
co execute this Agreement and to bind the agency they represent to the terms of this
Agreement;
h. Should either party to this Agreement be required to commence legal action against
the other to enforce the terms and conditions of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees and costs incurred in said
action;
i. Any action at law, suit in equity, arbitration or judicial proceeding for the
enforcement of this Agreement shall be instituted only in the courts of the State of
Idaho, County of Ada; and
j. This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs and assigns of the respective parties hereto.
5
•
•
IN WITNESS HEREOF, the parties hereto have executed this Agreernent on the day and year
herein first written.
ATTEST:
ADA COUNTY HIGHWAY DISTRICT
By:
Jerry Nyman, Director
ATTEST:
By:
William G. Berg Jr.
City Clerk
By:
Susan Eastlake, Commissioner
CITY OF MERIDIAN
By:
Robert D. Corrie
Mayor
6
~ _~,
• •
Interoffice Memo
D~e.: February 5,1998
Ta Vlfiil Berg, Jr. - City Clerlc
C~ file
Eron~ GARY D. SMiTH, PE
R~ /ACHD Two_Party.Agreemerrt - - ~
Will: Here is a proposed agreemerrt I have received from the ACHD to indude the construdion of our
water and sewer iine~iroprovemerrts in Meridian and Franklin Rbads irrto their construction documerrts
~ - -- - _ _
for the rebuilding of these two roadways. They will pay the contractor for installation of our lines and
we will then reimburse them afterwards. I assume that' Wayne Crookston will need to review this
agr~eement prior to submitting it for approval by the Council and signature by Mayor Corrie and you-setF.
GDS
Jy
1
i
~
SUSAN S. EASTLAKE. President
GARY E. RICHARDSON, Vice President
SHERRY R. HUBER, Secretary
Gary D.Smith, P.E.
City Engineer ~
33 East Idaho
Meridian, ID 83642
February 2, 1998
SUBJECT: FRANKLIN ROAD & MERIDIAN ROAD TWO PARTY AGREEMENT
Dear Gary:
I have enclosed a draft copy of the agreement for constructing sewer and water facilities as part
of the ACHD Franklin Road and Meridian Road road reconstruction projects. Please review the
document and return it to me with any additions or changes you would like to make.
If you have any questions or comments, please call me at 387-6280.
Sincerely,
ADA COUNTY IGHWAY DISTRICT
~ y/J /,~ c
C ~ ; ~\./ \ 'T
Chuck Rinaldi
Utility Coordinator
enclosure
c.
Kent Brown, P.E., ACHD
Ross Oyen, ACHD
Central files
i3EC~l VED
. ._ _ ,~ ~ ~~~ •<<:
. .. .._ 0; •.i I4!;,~ J
~fY/i C~7y5JU~/~f Q~ ~1 [C p
V~ 1 / CIVV~7`K-LR
ada county highway district
318 East 37fh • Boise, Idaho 83 7 1 4-6499 • Phone (208> 345-768U
.
AGREEMENT
•
ROADWAY RECONSTRUCTION
SEWER & WATER LINE IMPROVEMENTS
FRANKLIN ROAD - LINDER ROAD TO MERIDIAN ROAD
MERIDIAN ROAD -E.1ST TO FRANKLIN ROAD
ACHD PROJECT NUMBERS 520591 & 52092
THIS AGREEMENT made and entered into this day of , 1998, by and
between the ADA COLJNTY HIGHWAY DISTRICT, by and through its Board of Commissioners
hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal
corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second
party, both parties being a body politic and corporate of the State of Idaho.
WITNESSETH
WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the
tasks and costs of reconstructing Franklin Road between Meridian Road and Linder Road, and
Meridian Road between East 1S1 Street and Franklin Road, including water and sanitary sewer
installations as detailed in Project Nos. 520591 and 52092 hereinafter referred to as the
CONTRACT.
WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging
for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long
as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and
expenses it incurs as a result of additional work attributed to the installation of the water line and
the sanitary sewer pipeline within the Project boundaries, including but not lirnited to, costs for
1
J
C~
changed conditions, plan error and omissions, and delays attributable to the water line or the
sanitary sewer pipeline design and installation.
NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and
agreement herein contained, the parties hereto agree as follows:
1. DISTRICT SHALL:
a. Be the party responsible for soliciting , receiving, and opening of bids and for
executing and administering the construction CONTRACT for the roadway
reconstruction, and sanitary sewer and water line installation work referenced
herein:
b. Provide MERIDIAN with a complete set of combined bid documents for the
roadway reconstruction, and for the sanitary sewer and water line installation work;
c. Furnish MERIDIAN with an abstract of all bids received, and obtain
MERIDIAN `S concurrence with DISTRICT'S recommendation for award of the
CONTRACT prior to making such award;
d. Make monthly progress payments and the final CONTRACT payment to the
Contractor in conforrnance with the terms of the construction CONTRACT;
e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as
such estimates are approved by DISTRICT, together with an invoice for
MERIDIAN'S share of the construction CONTRACT costs earned by and to be
paid to Contractor;
2
• •
f. Provide for the reference and replacement of all pre-existing survey monurnents
within the work area;
g. Provide the trench compaction testing for the sanitary sewer and water line
facilities from 1-foot above the pipe zone to sub-grade of the roadway section;
trench compaction testing shall be provided at the minimum frequency rate of one
(1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-
testing required in any area that does not meet CONTRACT requirernents; and
h. Provide the field survey and grade control necessary for construction of the
roadway. Centerline or offsets and stationing shall be established prior to
MERIDIAN staking sanitary sewer, manhole locations, and service lines.
2. MERIDIAN SHALL:
a. Be the party responsible to provide the inspection, field survey and grade control
required for the installation of all sanitary sewer and water facilities installed under
the CONTRACT and provide copies of appropriate tests and diaries to the District
Project Representative;
b. Provide DISTRICT with the construction plans, special provisions, and unit bid
quantities for the sanitary sewer and water facilities to be included in the bid
documents for the CONTRACT (all work required for the sanitary sewer and
water facilities to be performed in conformance with City of Meridian Standard
Specifications and Drawings);
3
. •
c. Remit to DISTRICT, within thirty-five (35) calender days after the date of invoice
therefor, all funds for which MERIDIAN is responsible pursuant to the approved
final CONTRACT payment estimate; and
d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice
therefor, all funds for which MERIDIAN is responsible pursuant to this
Agreement.
3. THE PARTIES HERETO FURTHER AGREE THAT:
a. MERIDIAN shall reimburse DISTRICT, up to a maximum of $6,000.00 for all
costs incurred by the DISTRICT, including overhead and benefits, to provide
compaction testing, and soils work required solely for the construction of the
sanitary sewer and water facilities; mobilization, traffic control, flagging, detours,
and weekly meetings shall be reimbursed on a pro-rated basis.
b. The CONTRACT amount for the sanitary sewer and water portion of the project
to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual
quantities of work acceptably performed, and, or, installed, as determined from
field measurements, and paid for pursuant to the unit, and/or lump sum prices
established in the CONTRACT;
c. . MERIDIAN'S approval will be required for any change order work involving the
sanitary sewer or water line installations;
d. Prior to commencement of work by the Contractor, the parties will, together with
4
• ~
the Contractor, inspect the entire project for the purpose of reviewing the project
to locate and note any unstable areas and resolve any items of concern or
misunderstanding;
e. This instrument contains the entire agreement between the parties with respect to
the subject matter hereof;
f. This Agreement may not be enlarged, modified, amended or altered except in
writing signed by both of the parties hereto;
g. All signatories to this Agreement represent and warrant that they have the power
to execute this Agreement and to bind the agency they represent to the terms of this
Agreement;
h. Should either party to this Agreement be required to comrnence legal action against
the other to enforce the terms and conditions of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees and costs incurred in said
action;
i. Any action at law, suit in equity, arbitration or judicial proceeding for the
enforcement of this Agreement shall be instituted only in the courts of the State of
Idaho, County of Ada; and
j. This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs and assigns of the respective parties hereto.
5
. •
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year
herein first written.
ATTEST:
By:
Jerry Nyman, Director
ATTEST:
By:
William G. Berg Jr.
City Clerk
ADA COUNTY HIGHWAY DISTRICT
By:
Susan Eastlake, Commissioner
CITY OF MERIDIAN
By:
Robert D. Corrie
Mayor
6
•
Interoffice Memo
D~ February 5,1998
Ta 111Ii11 Berg, Jr. - City Clerk
~ file
F~ GARY D..SMITH, PE
~ ACHD Two party qgr~e~
~~
~/
Zl
~'
~ r
~ ~
~ ~~; ~
~~~
~
Will: Hene is a propo,sed agre~me~ ~ h~e ~~ ~ the ACHD to indude the construc~iOn of our
wate-' and sewer line imp~vements in Meridian and Franklin Roads into their construc~on documeMs
for the rBbuiiding of these tw~ ~We
ys. They will pay t ' s and
w+e wiil then r~eimburse them aften,vards. I assume ~ t Wayne Crookston wi11 need to revieH, is
agr+eement prior to submithng it for appnoval by the Counp a
signatune by Mayor Come a y U~ ff
GDS
~ ~
MERIDIAN CITY COUNCIL MEETING: FEBRUARY 17 1998 __
APPLICANT: ITEM NUMBER: 8
REQUEST: IDAHO POWER COMPANY LINE EASEMENT
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAIV SCHOOL DISTRICT:
MERIDIAN POST OFFICE: .~.-~ V~ ~
ADA COUNTY HIGHWAY DISTRICT: ~~
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OThiER:
Ail Materaals presented at public meetings shall become property of the City of Meridian.
•
• Co~panY ,~ Ta~-tOY~S~' of
oweY ~1`~ G
~ R
Ia~`b~ Y Il`~E E~'s~ Y~Ax~ Y~~ ab~e
to ec
tn
O~R a ~on"ey ~d o ct,o~ ana
~ Y ~IA~ ao he~eby g~ ~ ea{ot One D~ f tbe ettcansrNssjO tb guys,
~ ME~ ~io, GY~ a easecn e electt~° e~iec `~'~~ ~tthe
I Ci`C`I 0 ty, State °fo a and asS~Y~' t of way a me~t of te Su4p°'~' eo~g~t to 4e~s,
-~ e~$ees, su~~eow1edged, c~~ andCeo~ o~es °t ~a ~es,`N~tt+~owingptew~ .
~ ~~ 1~, ~eCeb`l a;~ at~or, ~s'P ee ~ arta~l~ea ~a a,~pottenacjoss t~e f~~o~ation tO
ADp oYation,
P A~Y , a pO~~pt of `r'h~~~~e, Yepa~' ~ of tihe GC ment tbeYeO~' o~et, a°a~ t~,e foUow~og ~~e S~1 I 4°f
c~M aeratione~ation, ma~~ »es ~a ~~nciden~~ eAu~jes ot F~1 te of id~o, ~t1~~n u1aC~y
t~oea °p d telepr°~'e ~ents a~'d othet ~om4 Coooty ° S~` ~ine ~yiog `'a ~o~e pa~'~c
co~ a ~e~tec of ~~~~r ~s
~b~°S a a o eew~~ a a fix~es ~f ADp,~ on ea°h Side e ~eoteYlioe f Sa,d Sect~on
aisn
crosS t of t~' aia Gta'~tOT~S) ~/ 14 f eet a~an• ~~ ~t~on ~ine ° oTe ot 1ess, ,
a~,ac1~-me° to t~e s e a~a be1ng e Meti
idRa~ge lw , B°~S tbe E esofel2~ $ f eet~ of 265 f eet~ t
be~oog~g ~, W a~ong ce d easemen •
d 2~ f ee ctb o° stian
A Stcip °f ~~ownsh~~' 41~~ ce~° „ a a~Sta o~h a a~ ~ay an
ge~t~On 34~ S fo~~Ows~ a~d SeOtioo ce~ $~~ 1~'_~~~ G, t~ S o Said r~~~'~" of a e~,oy~ene to
des~Y~bea a comeC ~f S 1ess, the° p~ $EC'~ ~Y~U at~on ~. e to t~R~ .
~• in ti~'e 5~ eet, m~te o~ Yp~`t O~.t pF Z ~ete use, °~e c g~~ ~o~cc~ T~ ~te~eCe w te ' s '
Cor~~a S a Ce of o26 being t~e o~ be~ng tt'e Y t~e ~~~ ~`d e~ n' ~c~od~og h may io~°~a Cepaic of GCan
34, a ~ Said p ~t~ Said p essaty fOT ciaen~t~eT ~tioos w~ tenan~e a° ``~~,~~~~~ini~~~~-r~~~~yr
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cnote T~~~ of ~~a a11 T~ ang~gbYaneasemen~' ~a g ~~ (~'~ ~ :
et with aU gtanted, Sh, o~ec1~ t of tl~~s 19 i - i
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the G T~ ste r c~• is ~- ~ ~ 9 ~, - f~` ~~ ~ CL ~'~ T 1~ ~ Q' ••
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e1e~n~~a, Sy ~a de~ivecea ~ o cll 2 _~ ~p,~ I~ ~ (, ~`•
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RoB~RT D• C~ ~,v~.-~ ~ oR a~a City ,
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Name: _.:~ron: _ 34
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Idaho.Power Company
POWER LINE EASEMENT
CITY OF MERIDIAN Grantor(s),.of
ADA County, State of Idaho, do hereby grant and convey to IDAHO POWER
COMPANY, a corporation, its licensees, successors and assigns, Grantee, for One Dollar and other valuable
considerations, receipt of which is hereby acknowledged, a right of way and easement for the erection and
continued operation, maintenance, repair, alteration, inspection and replacement of the electric transmission,
distribution and telephone lines and circuits of the Grantee, attached to poles or other supports, together with guys,
crossarms and other attachments and incidental equipment thereon, and appurtenances, with the right to permit the
attachment of the wires and fixtures of other companies or parties, over, and on across the following premises,
belonging to the said Grantor(s) in _ADA County, State of Idaho, in the following location to wit:
A strip of land 20 feet wide and being 10 feet on each side of a centerline lying within the SE1/4 of
Section 34, Township 4N, Range 1 W, Boise Meridian. The centerline of which is more particularly
described as follows:
Commencing in the SE corner of said Sectior~ 34, thence Norhh along the East section line of said Section
34, a distance of 1265 feet, more or less, thence N 87° 14' 00" W a distance of 1278 feet, more or less,
to a point, said point being the TRUE POINT OF BEGINNING; thence North a distance of 265 feet,
more or less, to a point, said point being the POINT OF TERMINUS of said right of way and easement.
Together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of
the easement hereby granted, and all rights and privileges incident thereto, including the right from time to time to
cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with
the Grantee's use, occupation or enjoyment of this easement and the operation, maintenance and repair of Grantee's
electrical system.
Executed and delivered this day of
CITY OF NIERIDIAN
(SIGNATURE)
ROBERT D. CORRIE, MAYOR
STATE OF )
) ss.
County of )
(SIGNATURE)
WILLIAM G. BERG JR., CITY CLERK
On this day of , 19 , before me, a Notary Public,
personally appeazed ~d
and, to me personally known, who being duly sworn, did say that they aze respectively, the MAYOR and •City ~
Clerk of the corporation that executed the within instrument, and acknowledged to me that such corporation
executed the same as the free acf and deed of said corporation.
Notary Public, residing at_
Commission expires
19
(Notarial Seal) WO# 27019752
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POINT NOTES:
1. I-DM08 208V 3PHZ
2. I-D4SR10 85' CUST TRGH/CONDUET
3. I-DP45G4 POLE AND 3-15KVA
35KV TRANSFORMER & SERV RISER
3. TO 4. I-2 4ARP ADDITIONAL PHAZES
4. I-DGGS & DGG17H
**SPECIAL NOTE**
INSTALL ANCHOR AS SHOWN ON POLE
POINT #3. LINE TO NORTH IS TEMPORARY
AND WILL BE REMOVED IN THE FUTURE.
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Customer_ CITY OF MERIDIAN Section: _34
Name:
County: ADA Township:._ 4N
Range: ~ yy
Date: 02-12-9$ Meridian: _ BM
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Work Order Number:
27019752
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MERIDIAN CITY COUNCIL MEETING: FE~Rl1ARY 17.1998
APPLICANT: ITEM NUMBER: 12
~ REQUEST: DEPARTMENT REPORTS
AGENCY
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 tRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTFiER:
COMMENTS
All Materials presented at public meetings shall become property of the City of Meridian.
WILLIAM G. BFRG, JR., City Clerk
JANICE L. GASS, Ciry Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. SFUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P& Z Administrator
PATTYA. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attomey
•
•
HUB OF TREASURE UALLEY COUNCIL MEMBERS
A Good Place to Live WALT W. MORROW, President
CITY OF MERIDIAN RONALD R. TOLSMA
REE
C
G ENN R. BE TLE
33 EAST IDAgIO
MERIDIAN, IDAHO 83642 P& Z COMMISSION
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Depar[ment (208) 887-2211 JIM JOHNSON, Chairman
TIM HEPPER
Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER
GREG OSLUND
ROBERT D. CORRIE MALCOLM MACCOY
Mayor
REQUEST FOR BUDGET TRANSFER/ADJUSTMENT
DATE OF REQUEST:
DEPT:
DEPT. HEAD:
COMNIISSIONER:
Of $
We request a budget transfer / adjustment in the amount
From
DATE APPROVED BY COUNCIL:
MAYOR
DATE COMPLETED
to
COUNCIL PRESIDENT
TREASURER
WILLIAM G. BERG, JR., City CIeAc
JANICE L. QASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parlcs Supt.
SHARI L. STILES, P$ Z Administrator
PATIYA. WOLFKIEL, DMV Supervisor
KENNETH W, gOWERS, Flre Chlef
W.L. "BILL" GORDON, Police Chlef
WAYNE G. CROOKSTON, JR., Attomey
_ : - ~ -. . :~_ ~, ~
• HUB OF TREASURE VALLEY • GOLNGI ~~~ti~R~p~
A Good Place to Live wn~r w. n~toRaow, President
CITY OF MERIDIAN RONALD R. TOLSMA
CHARLES M
. ROUNTREE
GLENN R. BENTLEY
33 EAST IDAHO . .
MERIDIAN, IDAHO 83642 P a z coti~ti~racioh
(208) 888-4433 • FAX (208) 887-4813
Public Works/Bui]ding Department (208) 887-2211 JIM JOHNSON, Chairman
• Motor Vehicle/Drivers License (208) 888-4443 JIMI HEARER
ROBERT D. CORRIE GREG OSLUND
MALCOLM MACCOY
Mayor
REQUEST FOR BUDGET TRANSFER/ADJUSTMENT
DATE OF REQUEST:
DEPT:
DEPT. HEAD;
COI~IISSIONER:
We request a budqet transfer/adjustment in the amount
of $ from to
DATE APPROVED By COUNCIL:
MAYOR
DATE COMPLETED:
COUNCIL PRESIDENT
TREASURE
cc: Completed copy to dept, head
• r R,~cEr~,E
CONTRACT CHANGE ORDER ~~~ ~~ ~
FE8 1998
DATE: ORDER NO.: 1 ~~Y'
.~
GONTRACT FOR: `Tullv Park Improvemenfs7
OWNER: CITY OF MERIDIAN IDAHO
TO: BOISE PAVING ~ ASPHALT COMPANY INC.
(Contractor)
You are hereby requested to comply with the following changes from the c
t
lans and s ecifications: on
ract
Desc
i
ti
r
p
on of Changes In INCREASE DECREASE
This Change Order ~ in Contract in Contract
list se aratel
1. ~Delete~ Item SP-MC-7, Bike Rack; .3-.Ea
~ Price Price
.
$1,250..00 $1,250:00
2.'Del.e.te.;ltem SP=MC-8, Trash:Can w/
Enclos.ui;e';..8 Ea; $9.00.00 $7,200.00
3
ttem 604
07
03
1
S
~
~
.
.
.
,
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P_VC;_Add 60-1f
~a $1
092
00
$18.20/If ,
.
4
New Item
Adcf::l
i
.
,
cr
gation Line_w/.3 - 4"~ $997:25
~O~chard- Valve ~~
5
Item ~P-Gi-2
3'
I
.
,
_
~rigation~Ditch; Del_e_te
60
_If ~
$150
00
,
_
$2.50/If .
Sum of Increase and Decrease: $2,089.25 $8
600
00
Net Chan e in Contract Price: ,
.
-$6,510.75
JUSTIF~CATION (attach supplemental documents):
1 8 2) Provide funds for other unexpected, required improvements (pump station). 3, 4 8
5) Change irrigation in front of Courtney property from open ditch to piped w/ valves for
irrigating lawn.
CHANGE IN. CONTRACT PR1CE:
Original Contract Price:
Previous Change Orders No. to No.
Contract Price prior to
Net (J~~e,ase/Decreas
Change Order:
this Change Order:
Contract Price with all approved Change Orders:
$634, 747.72
none
$634,747.72
($6;, 510.75) ~
$628,236.97
~ r EB. 9. 1998 9~ 45Af1
ra~ ~~o
~ ~~~ _ ~
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BOISE PAVING : ~V0.017 P.2i3
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BC~ISE QAV tVG &. ASPHALT G~.
P.O. BOX 5814 . 801SE, 10A~a 83746 • PHONE (208) 3a2-6797 • FAX (206) 385.g380
i
`~ ~ REcEr~rE
~ ~~~ ~,~ D
F'ebruazy 9, ~99e . ~. FEB 7 1998
CITY IDIAi~
~
~
Brad Watson ~
City of Meridian ~
33 E. Idaho Ave.
Merida.an~ ID 83642 I
RE: ,'-Ttiilly Park ;Propo~al fox Fence Changee
~__ _ ~
' ~
The Eol].owing is a breakdow~, of ~ the costs for changing the fence on
the above referenced proj~c~.~ We~ve also attach ~ a copy of ~,~
Cascade Fence Company~s propos 1. ~'],
~ ~
Cascad~ F'ence ~ 15, 443 . 00 ~ ~~ ~ ~ ~ 0 ~ ~(00
aoi8e Paving ~ ~ ~. - 3,7q ~ o r' -'~, -T4 I
I Overhead & Pr Q i 2. 316 Qo ~ Q'~2 ~ 7~/ 5 9
~Q.7~
I Total ~ ~ 17,759.00 ~ ~~i5 ~~
' Should you have any ques~ions ~eel txea to ca~~..,$ s ZZ`~ Qs ~~~Z32 • gS
i
~ ~
i Sxncerely, ~
~~ ~ ~
David Niels~n !/~ o,,, o, s~ b«^^~ r° "~' ,~5
~ . , . F~~D~ ~/0~5
, fVega'~_'~ /o S
~- o '/ GLia:+-,
/1'~~-"i K ~/~,
'Qr~~- ~o~lQ~ ~
6e :: ~_q ~ 70 o Y- ~ 7 5 I-l
~ ~,. ~ ~
b
e.~~ess1~~t' o~ ~y ~~;,~.Q
S~a ~ ~ S~~ ~,~a c.~5 .
C~/'a ca`ar C~~~~~[fa+~ S ~,,>~P
~,. ~'a.r~n~lo-~` _ f - . ~O uJ
i v~.~~ ~ ~ roJ e ~ ~ .
c-1 ~s n ' ~)
v$e or~ basP~ ~/" .~c..
u ~'
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P , o r 2~ ~~ ~
~riceS
~ ~
FE9. 9.1998 9~45AM
~JISE PAVING
~
~Q1SE, DrA O I
C~-~C~B~~ I
~amaus Fences ~~ `
~
r~NHt6 coaArs d56o s~,t, oRhwd ^
I
Feb~CUUy itS. ) l9s . I
Clry ofMai,disn ~
93 P.ast ~d8ho $t, ~
MaidL~, IdAbo 8364~ ~
k~oho 63103 ^ PhoM J~IS-15.70 a~4~5152 t t Fax 936~4fY3 •
4•
~t'~+t~cace: T1~11y P~'k pt~opo~oQ ~ciaR chat~ jtcs
I
A6iQ' ~L~ ~it~,
Wc ar~ platsed 40 oCf~ tf~c fnllvevin$ quctacic tbr thm aDove
P~~~' 0
~. ~RSbistl acld irtsbsll R77, L.F, 0!'7' i'radng s8~gq,pp ',~ $ Z~~ = 7 ` 1~ r L F
~
2. ~~h ~d ~,~n an r~~. oe8~ ~s s~o,9o0.00 ~ ~0 ~ 9 ~~ => ~ ~ 2 S° l L F
3. n~r~ ~sa Lr. or,~ ~;,,~ {~<< ss.~a~.oo~ ~ 3~ 74 ~~> ~ Q 9' LFd.
, ~
l~raa ~Se e~ooi5ce~o~a can fnr co~~ 7 g~~ bc~a~m ~ wize. .
I
ff S"0a ~~Y 4'~~we o~ iFwc c~ be af #a~ ~c-v~o~ P~so oamtact ~a.
I
31
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MERIDIAN CITII COUNCIL / MERtDIAN RURAL FIRE COMMISSIONERS
SPECIAL MEETING FEBRUARY 14 1998
The Joint Special meeting of the Meridian City Council/Rural Fire Commissioners
was called to order by Charlie Rountree at 9:00 A.M.
MEMBERS PRESENT: Glenn Bentley, Keith Bird, Charlie Rountree, Ron
Anderson, Marti Hill, Steve Bravo.
OTHERS PRESENT: Chief Kenny Bowers, City Attorney Wayne Crookston.
Rountree: Currently we are awaiting the Rural Fire District, I'll entertain a motion
at this point and lime for Meridian City Council to go into executive session.
Bentley: So move.
Bird: Second.
Rountree: All those in favor? Opposed?
MOTION CARRIED: All aye.
Rountree: We're now in executive session.
(EXECUTIVE SESSFON)
Hill: The meeting of the Meridian Rural Fire Commissioners comes to order at
9:05 February 14, 1998 at City Hall. The purpose of this special meeting is to
discuss personnel matters. I'll entertain a motion to go into executive session.
Bravo: I'll make a motion that Rural Commissioners go into executive session
with the City Council.
Hill: Second.
Hill: All in favor say aye. Opposed?
MOTION CARRIED: All aye.
Hill: We'll be in executive session at 9:07.
(EXECUTIVE SESSION)
Rountree: This is the Meridian City Council coming out of executive session,
we ve made no decisions related to the personnel issues, I would entertain a
motion to adjourn.
Meridian City Counci~ural Fire Commissioners •
February 14, 1998
Page 2
Bird: So moved.
Bentley: Second.
Rountree: We have a motion and a second. Ali those in favor? Opposed?
MOTION CARRIED: Atl aye.
Rountree: We are adjourned at 11:58 A.M.
Hill: M~ridian Rural Fire District is out of executive session. We discussed some
personnel matters, nothing has been decided at this time. Entertain a motion to
adjourn.
Bravo: I make a motion that we adjourn.
Hill: Second.
Hill: It's been moved and seconded that we adjourn. All in favor say aye.
Opposed?
MOTION CARRtED: All aye.
MEETING ADJOURtdED AT 11:59 A.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
ATTEST:
`,``t~~~ ~, ~3 rt rt~ ir~r,,~~`si
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WILLIAM G. BERG, J CI CLERK= ~~L
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~~~~~~rrse; ::ttvN~~~\
Meridian City Counci~ural Fire Commissioners •
February 14, 1998
Page 3
APPROVED:
MARTI HILL, PRESIDENT
ATTEST:
MIKE INGRAM, SECRETARY
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