HomeMy WebLinkAbout1996 04-16MERIDIAN CITY COUNCIL APRIL 16, 1996
The regular meeting of the Meridian City Council was called to order by Mayor
Robert D. Corrie at 7:30 P.M.:
MEMBERS PRESENT: Walt Morrow, Ron Tolsma, Charles Rountree, Glenn
Bentley:
OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles, Bruce
Freckleton, Chief Gordon, Dorothy Whitmire, Jack McGee, Morgan Evens,
Christy Schwartz, Ann Roberts, Shannon Viser, Abby Sharp, Jennifer Fooh, Mark
Freeman, Larry Durken, Mike Wardle, David Turnbull, Ted Hutchinson, Dave
Leader, Jerry Ellis, Rod Cullip, Kathleen Weber, Jim Johnson:
MINUTES OF PREVIOUS MEETING HELD APRIL 2,1996:
Corrie: Any corrections to the minutes?
Rountree: Mr. Mayor, I move we approve the minutes from our previous
meeting.
Tolsma: Second
Corrie: Motion by Mr. Rountree, second by Mr. Tolsma to approve the minutes of
April 2, all those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: Gentlemen, with your permission I would like to do those proclamations
first if you haven't any objections. They were towards the last items 18, 19 and
20, if I may. Alright.
ITEM #18: PROCLAMATION: SPOTLIGHT OUR SCHOOLS WEEK:
Corrie:
WHEREAS, our children are the most important asset of the Meridian
community, and;
WHEREAS, the mission of the Joint School District No. 2, the Meridian School
District, is to provide students with the knowledge and skills which will foster a
life-long love of learning and the desire to become contributing members of our
modern society, and;
WHEREAS, Joint School District No. 2 is the largest employer in our community,
and;
WHEREAS, in addition to the efforts of the employees of Joint School District No.
2, individuals and businesses located in our community generously contribute
significant time and resources to support our schools, and;
WHEREAS, through the combined efforts of the teachers, personnel, and
administration of Joint School District No. 2, and with contributions of both
business and individuals to our schools, our children are provided with the tools
to become contributing members of our community which enhances the quality of
live of all community residents, and;
WHEREAS, it is important that the teachers, personnel, and administration of our
School District, as well as the numerous individuals and businesses who support
our schools, receive recognition for their efforts.
NOW, THEREFORE, I, Robert D. Corrie, Mayor of the City of Meridian, do
hereby proclaim the week of May 18 through 24, 1996 SPOTLIGHT OUR
SCHOOLS WEEK. The officials of this City, and all citizens thereof, to recognize
the profound impact the efforts of the teachers, personnel, and administration of
Joint School District No. 2, as well as the individuals and businesses who
contribute so generously to our schools, have upon our children and,
respectively, our community. DATED this 16th day of April, 1996.
ITEM #19: PROCLAMATION: LAW DAY:
Corrie:
WHEREAS, May 1st is Law Day in the United States of America, and
WHEREAS, the United States of America has been the citadel of individual
liberty and a beacon of hope and opportunity for more than 200 years to many
millions who have sought our shores, and
WHEREAS, the foundation of individual freedom and liberty is the body of law
that governs us, and
WHEREAS, the Constitution of the United States of America and the Bill of
Rights are the heart of that body of law, which guarantees us many freedoms -
including freedom of religious belief, freedom to have and hold property inviolate,
freedom of assembly, freedom of speech, freedom of press, freedom of petition,
and due process of the law among others, and
WHEREAS, this year marks the 38th annual nationwide observance of Law Day,
and the Congress of the United States and the President by official proclamation
have set aside May 1 as a special day for recognition of the place of law in
American life,
NOW, THEREFORE, I, Robert D. Corrie, Mayor of the City of Meridian, do
hereby designate May 1, 1996 as LAW DAY and call upon all citizens, schools,
businesses, clubs, and the news media to commemorate the role of law in our
lives.
ITEM #20: MOTORCYCLE AWARENESS MONTH:
Corrie:
WHEREAS, the motorcycle is an energy-efficient vehicle which conserves fuel,
reduces urban traffic, and parking congestion, and treads lightly on an
overworked road system; and
WHEREAS, the motorcycle has become an important and economical mode of
transportation involving such activities as commuting, touring, and recreation and
can be an aid to agriculture; and
WHEREAS, the motorcycle promotes tourism and friendship by attracting riders
from throughout the United States and many foreign countries through various
clubs and organizations; and
WHEREAS, since motorcycles lack the protective armor of trucks and
automobiles which increases the risk of serious accidental injury and death for
motorcyclists, all motorists need to operate with caution near motorcycles; and;
WHEREAS, due to the increased number of motorcycles on the roads and
highways of our state and throughout the nation and because motorcycle
awareness and safety is a concern to all, it is appropriate to set aside a time to
inform motorists of the number of motorcyclists on the roads and to help
motorcyclists become aware of the ways they can promote safety;
NOW, THEREFORE, I, Robert D. Corrie, Mayor of Meridian, do hereby proclaim
the month of May, 1996 to be MOTORCYCLE AWARENESS MONTH in
Meridian and I urge all of our citizens to be aware of and support the Motorcycle
Awareness Rally sponsored by the Idaho Coalition for Motorcycle Safety on May
4, 1996. 1 also encourage all government agencies, civic and service
organizations, drivers, and riders to join in a concerted effort to make
motorcycling a safe activity in our state through programs aimed at both young
and adult motorcycle operators and other vehicle operators, so that improved
sharing, mutual respect, and increased awareness will exist on our Idaho
Roadways.
ITEM #26: PROCLAMATION: PHYSICAL EDUCATION AND SPORT WEEK:
Corrie:
WHEREAS, 1996 is the 11th Anniversary of the American Alliance for Health,
Physical Education, Recreation, and Dance --an educational organization
structured for the purpose of supporting, encouraging, and providing assistance
to member groups and their personnel throughout the nation as they seek to
initiate, develop, and conduct programs in health, leisure and movement -related
activities for the enrichment of human life; and
WHEREAS, in Idaho that member group is the Idaho Association of Health,
Physical Education, Recreation, and Dance; and
WHEREAS, it is fitting to celebrate and focus attention upon all citizens and
programs in Idaho, as well as nationally, that promote physical education, sport,
and fitness in our schools and communities;
NOW, THEREFORE, I, Robert D. Corrie, Mayor of the City of Meridian, Idaho,
do hereby proclaim the week of May 5 through May 11, 1996 to be PHYSICAL
EDUCATION AND SPORT WEEK in Idaho, and I proclaim `Move to Improve' to
be the theme for this year's events. I encourage our citizens to support and
participate in the Idaho Association of Health, Physical Education, Recreation
and Dance's 1996 1997 State Convention to be held at Moscow, Idaho with this
year's theme `Building Connections'.
FURTHER, I encourage and urge all Idahoans to be involved in and promote
physical education, sport, and fitness in their communities.
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Whitmire: Thank you Mr. Mayor and members of the Council for allowing to
come up and speak to you this evening about our tree city USA program. I see
some familiar faces, Ron for one has been here for a long time and I think I have
spoken with him a time or two before this evening. But the rest of you I am not
too sure that I know most of you. Let me tell you just a little bit about myself
where I come from and basically why I am here. Originally I was from the little
town of Kuna which is just south of you eight miles here and you are all familiar
with. I was the Planning and Zoning Administrator there for about 5 years. I was
also their urban forest administrator for all of those same five years. 1, because of
that and a program that I started there was selected to become what we call now
the Idaho tree lady, let me put it that way, that is what everybody else calls me. I
go around Idaho and talked to communities about trees, about planting trees,
why to plant them, why you need them and try to convince cities that they should
become Tree City USA's. We have eight Tree City USA's in the State of Idaho
right now, they are all surrounding you. So it is time Meridian got on the
bandwagon we hope and became also a Tree City USA. Kuna is a Tree City
USA, Eagle is a Tree City USA, Boise is a Tree City USA, Caldwell is a Tree City
USA. So you are kind of surrounded by all of them and Tree City USA is not just
a token that is given out lightly. It is an honor that is earned and it is hard to earn,
it is not easy, it takes cooperation from City officials, it takes cooperation with
volunteers, with the planners of your City, with everyone combined in the City.
But we certainly would like to see Meridian become a tree City, we think you
have most of the qualifications already in place to become one. So we would like
to encourage you and we have come here today to say what can we do to help
you become a Tree City USA. That is what we would like to see is the big sign
outside your city that says Meridian Idaho is a tree City USA. You have planted
trees, trees are a very valuable asset they add a lot of things to your town. Let
me give you two reasons, and a I talked with your Mayor and a couple members
of his staff today earlier. A couple of reasons that Councilmen and having been
one for many years in Kuna I understand what you are looking at, you are looking
at sewers, you are looking at water lines, you are looking at all those types of
things which are mandated that you have to do fire, police, so on and so forth.
We hope some day trees are part of that because they are really a central part of
our infrastructure. There are two reasons that you should be concerned
(inaudible) Tree City USA will help you a great deal should you ever need it. One
of those things is if somebody is injured by a hazardous tree at some point in
time which can happen quite easily on any of your streets you are going to get
sued and when you do you are going to pay and it doesn't make any difference
have been told by the attorney and a judge you are going to pay regardless
whether you win or lose. The cost that you pay is going to be about half or less if
you are a Tree City USA because what it is going to say to that group and the
judge is hey these people are doing everything within their power to make sure
that no one does get hurt that everything is as it should be in your town. It can
happen very quickly in a park with a child playing in a tree, or just on the city
street with someone walking where a tree limb may come down and hit
someone, all of those kinds of things happen. That is one good reason because
they know you if you have a Tree City USA award you are working towards good
urban forestry programs and you are doing everything you can for your citizens
and your people. I think that is a real tough point with a lot of cities and they
don't realize just how dangerous some urban forestry trees are. They are out
there they are all over. A good urban forestry program if it is put into place will
bring those trees into focus and they can be removed before someone does get
hurt by those trees. Another good reason to do this is as the south found out this
year if a disaster should occur of some sort and you lose a lot of your trees and
sometimes that happens, down south they lost a goodly amount of all the urban
forest in the south this year through hurricanes that was the hit down there. We
don't have so many of those up here but we do have some bad things that
happen to us once in a while. The first people to be considered for replanting
trees with every grant and through the government with any type of help are Tree
City USA's because they know those people care about their trees and they are
going to take care of them when they get them. So that is the second reason, for
those two reasons alone is a good reason to go for Tree City USA. But basically
Tree City USA says to your people in your town we care about the urban forest.
We care about it growing, we care about taking care of it, we care about planting
it and we know it is an important part of our infrastructure. So basically that is
why I came tonight to ask you was to get on the bandwagon with us. We will help
you in any way that we can, we have grants that will be available, not this year
but by next year and you can't get a Tree City USA this year they have been
awarded. Your application has to be in by December. There are four
components to that Tree City USA application. The first one is that you must
have a tree committee which Meridian does not have at this time, but is not a
hard thing to do and doesn't have to be outside necessarily of your city
infrastructure. It can be your maintenance department could be your tree
committee, but generally speaking if you want a good urban forestry program you
will go outside of your own department and bring in people from your community.
Bring in volunteers, good people to ask are retired people from the forest service,
from the BLM, people who have had some kind of a background with trees that
know a little bit about them. Those are real good people to ask to come in. A tree
committee is very easy to form that is the number one requirement. The second
requirement in a Tree City USA program is to have two dollars per capita for your
population and that is according to the 1990 census and you are already
spending that or more. Everything that you do that involves trees counts.
Whether it is leaf pick up whether it is watering a tree, planting a tree, pruning a
tree, any care your maintenance men do, all of those things count for that two
dollars per capita. So I am sure that you are already spending that, that is why I
said that you are probably on the way to that because we have dealt with you
before and shared grants with you, the SBA grants came through my office that
Meridian got. So I know that you are putting money out there on trees that you
are doing things with them so you have already I am sure made that qualification.
The next qualification is to have some sort of a plan in which you would want
your tree committee to do some kind of a plan, which would say in the next year
we are going to do this. It doesn't mean that you have to go out and buy
$100,000 worth of trees and put them in the ground it simply means that maybe
they are going to go out and inventory the trees that are already here within your
town and an inventory is going to be very simply or can be very complicated. It
simply a guideline of what trees are planted where, how old they are, what
condition they are in, do they need care and when can we give them that care.
Those things are really quite simple to do, you can get groups like the group that
is here tonight the scouts we have had scouts that have done inventories for
cities so you can involve a lot of volunteers in doing that sort of thing. That is part
of your requirements is to do a plan, say we are going to do something this year
and then do your best to follow through with that part of the plan that you set. The
fourth thing is the Mayor must give a proclamation saying this is Arbor day and
declare an arbor day in your City. So those are the four requirements for a Tree
City USA, I think you have already done some of those requirements and have
them and we would sure like to see you become a Tree City. So with that I think
that is probably enough said Mayor and I talked as I said with the Mayor and staff
today, I hope we can work together. One little point I wanted to throw out here we
do have grants they will be available next year and one of those grants will cover
the cost of your ordinance or at least share the cost of your ordinance. I know
having been a councilwoman that ordinances do not come cheap, they have to
be published, they have to be codified and to do those things costs money. So,
sharing the cost of those is something that we could do. We could also share the
cost of an urban forester for your city. We helped the City of Idaho Falls to get
their first urban forester for their City. So these are all things to keep in mind and
like I said have the Arbor Day and I brought you a few little things. At the back of
the room is some brochures for everyone here on how to plant a tree, how to
properly prune a tree they are all in one little water proof brochure so if you take i
out to the planting site and get it dirty simply rinse it off and save it for next year's
planting. Thank you.
Corrie: Thank you Dorothy, any questions from the Council? Thank you
ITEM #2: JACK MCGEE, IDAHO POWER: RIGHT TREE RIGHT PLACE
PRESENTATION:
McGee: Thank you Mayor and Council, if I could get the lights down I will go right
into a slide show. I think most of the people here are familiar with Idaho Power.
Idaho Power every year spends $2.5 million removing trees out of power lines to
make trees safer for people in the community and to provide you with (inaudible)
electric service. Our service territory covers mostly southern Idaho, Eastern
Oregon and Northern Nevada, covers 20,000 square miles. As you know as
cities began growing and growing more and more buildings are built (inaudible)
and for some reason a lot of people like to put (inaudible) roofs on buildings all
this does is attract the sun heat up the down town areas, business down town
dies because people are starting to go to the malls and others areas that are air
conditioned. As you can see here this is down town Boise and they began
installing trees through out parking lots to try to cut down on what is known as
(inaudible). With the additional growth many people are moving into newer
subdivisions and of course newer subdivisions are small trees. As you starting
getting kids and families into these subdivisions (inaudible) and just play around.
Unknowingly that our power lines that are not insulated, kites that are caught in
trees and the kids continue to hang onto the street if they have any type of
metallic string then they will conduct electricity. Once again they love to climb
the trees and unknowingly there could be power lines existing. We have had
cases where they have been boyfriend/girlfriends climb the trees to seek solitude
so they are away from their bedrooms where mom and dad could walk in and
bother them and it results in disaster. We do not need any more of this, as far as
we are concerned no tree is worth a life (inaudible) they climbed up the tree tied
a ladder or a rope in it and they were hanging out over the canals and you can
clearly see the power lines up above. As I mentioned our power lines are not
insulated, this rope if it gets wet at all it will conduct electricity and electrocute
them. In this case 7,200 volts (inaudible) you can see all the dead branches
laying all around, they do not maintain the trees and the tree ended up breaking
out and this goes back to what Dorothy was talking about the Tree City USA
awards and educated people working for the City they identify these hazards and
notify the people when they exist or take care of (inaudible). Your parks are
really pretty clean, to throw a little footnote in. We were down in the City of
Pocatello last summer we could not believe all the dead trees they had, major
wind storm comes through, they had branches laying all over the ground
(inaudible). Liability is just phenomenal, this tree here looks perfectly healthy it
came in contact with the power lines because sap is moisture, sap will conduct
electricity, the whole tree just ignited. What are our choices, our choices are to
flat top trees in cases like this there are (inaudible) that is all there is to it. The
solution for this tree is to remove it and that is what I am here tonight to talk to
you about is removal and replacement of a lot of these trees. We are going to be
coming to Meridian probably about the end of September, first of October. Our
tree crews to work on trees near power lines and that (inaudible) noticed trees
under the power lines you can work on removing them and (inaudible). What we
have done in some of the other communities is take the wood and cut it up into
matchable planks and contact local Lions Clubs or Scout groups or whatever and
they go out and collect the wood and have sales on the wood (inaudible) turn
around and find new trees to be replanted. (Inaudible) major eye sore. This is
one of our new styles of pruning procedure cal the L shape where you just do the
round over method you can see where the flat part is, the little section going out
to the right used to cut all of that off (inaudible) there is not benefit to the
(inaudible). Therefore we leave as much foliage as we can to cut down on
(inaudible) This is the directional pruning which to me is the main (inaudible) this
is a case of poor planning on the developers part (inaudible) these trees are only
about 8 years old. (Inaudible) foliage the next thing you know they are
overhanging streets and now the City and County (inaudible) but it still becomes
an expense to the City and to the highway departments. (Inaudible) This is what
some people consider proper tree pruning, you see this all over. A lot of cities
are starting to enforce ordinances against (inaudible) and they even have a $500
penalty over in LaGrande they just fined one of their local (inaudible) destroying
the tree. We are all aware that (inaudible) this is right across the street from a
school on Cole and Franklin the kids everyday running up and down that
sidewalk all they have to do is (inaudible). This guy down in Jerome is amazing
he (inaudible) so he put the sign (inaudible) it is completely engulfed. Coming
into town I noticed that you have a lot of trees that are (inaudible) so what we
recommend is that (inaudible) and you end up with (inaudible) Otherwise you end
up with eye sores like this or take an example from the highway department out
of Washington they went through and stripped out all the (inaudible) both sides of
the street and planted (inaudible). Once again poor planning here, we are
constantly being called by customers that their tree has over grown the planting
size and has covered up the (inaudible) it is just poor planning that is all it is. We
see this many times, I was an engineer for 6 1/2 years and many times we went
out on subdivisions and there was a (inaudible) it is amazing how many of these
developments (inaudible) never visited. That is why (inaudible) your planning and
review they mark on their exactly how many (inaudible) just helps your personnel
make their decisions on planning and zoning issues. This guy here (inaudible)
the tree should have been removed years ago and (inaudible) the main thing that
we are really trying to promote is recycling the urban forest. A lot of these old
trees (inaudible) let's get rid of them and (inaudible) or we end up with this. This
tree is right next to that other one. Once again there was a power pole in the
middle of the driveway (inaudible) never got that, all the lines rot and these lines
are sitting actually 11 feet off the ground so anybody can climb into the crotch of
that tree and hand from the (inaudible). This is a year later you can see how all
the growth from (inaudible). This is the old round over method that everybody
things or used to think was the proper method to make it look like a perfect ball,
trees do not grow into being a perfect ball. In the first sprouting season all the
new growth has gone straight up to the power lines and (inaudible) laterally and
the only way the tree can grow is straight up (inaudible) outages and power
failures. (Inaudible) when you go to prune a tree go out from the trunk make a
slight under cut, go further out on the limb make a cut all the way through and
come back to the swollen area to the branch collar and make your final cut. The
tree will (inaudible) I guess I never even realized (inaudible). Otherwise you end
up with trees (inaudible) rip the bark all it does is open it up to insects (inaudible).
These are just horrible pictures (inaudible) you can see on the left hand side of
the garage right there (inaudible) and it is rubbing (inaudible) trees do not need to
be topped they just need to be (inaudible). There weren't even any power lines
above these but they hired a guy (inaudible) Otherwise you end up with trees
(inaudible) toss them time and time again (inaudible) and they will always
(inaudible). We have all kinds of educational material, once again (inaudible)
more than 25 feet in height (inaudible). Planting the tree closer to the house will
(inaudible) so this is a matter of replanting them (inaudible) during the summer
they shade, during the winter (inaudible). Once again we get back to (inaudible)
parking spaces and you will find as trees grow people begin parking near the
trees because that is where they want the shading (inaudible). These are all
small deciduous trees. This whole practice of going in and completely wiping out
the trees building the house and (inaudible) is quickly becoming a practice of the
past (inaudible). One nice thing about Meridian is they have been fortunate in
Dennis Summers had the foresight to have Rick Heller attend some of our
training classes that we put on this last January. We have a small arbors group
out of Boise that for the last three years we have been putting on training
programs. When I was certified in 1993 1 was only 5th in the State we were one
of the States with the lowest number of certified arborists or even people trained
in arboriculture and now we are up to about 60. So that has been really good and
of course once again education, education, education. Just because they attend
the class does not mean they know everything, we have been going to
conferences, and this year the northwest chapter will have their annual chapter
meeting and training session over in Yakima, Washington in September. It is a 3
day affair and it is great. You meet all kinds of city planner and how to work and
protect trees. Also as Dorothy mentioned in order to get some of the grants for
Tree City USA you need to have matching funds, the work that we do in your City
limits to remove and replace trees will count as matching funds for grants. So
when you go to apply for the Tree City USA grants make sure you contact me
and I will give you the dollars that we spend and you can use those for your
matching funds. As I mentioned we would be more than happy to buy you some
new trees if your Parks Department wants to go out and look at the schools, the
cemeteries, wherever you see overhead lines where kids may be and let's get
some new small trees planted to eliminate somebody else coming in and planting
a large growing species at a later date. Tree City USA author I brought a copy of
one of the Tree City USA publications is Dr. James Fasio and fortunately he is
from the University of Idaho and he writes the national publication that all cities
are following. This also has a copy of the (inaudible) proper pruning of trees and
a little article about the City of LaGrande (inaudible) $500 for stripping down
trees. There is an Idaho overhead line safety act that has the $500 penalty for
anybody working within 10 feet of the power lines unless they are qualified to
work around energized lines. As far as I am concerned the $500 means nothing
if they are not around. We do have some new brochures to give out to the
customers prior to us contacting them which is why I wanted to come tonight to
let you know the new procedures and new standards and that we do work with
customers to remove trees also. A lot of them are just self-starters. Here is a
brochure that the City of Boise put in their sewer bill talking about stopping tree
topping, mulching, watering, saving water and then another brochure on avoiding
utilities. That is all I have, any questions?
Corrie: Any questions from Council? Jack, thank you very much. At this time I
would like to recognize the scout troop that is here tonight, welcome fellas and
hope you get some real pointers on the City government tonight.
ITEM #3: TABLED APRIL 2,1996: PRELIMINARY PLAT FOR THE LAKE AT
CHERRY LANE NO. 5 BY STEINER DEVELOPMENT:
Corrie: I believe you have in your packet that they requested tabling the
preliminary plat until a later date. Do you have that in your packet?
Morrow: Mr. Mayor, I would move that we table that as per requested by Steven
Bradbury the preliminary plat for The Lake at Cherry Lane No. 5 until May 7,
1996.
Rountree: Second
Corrie: Okay, we have eight public hearings that night as well, we could put it the
21 st if you so desire but if you want to leave it the 7th that is perfectly alright.
Morrow: My preference would be to deal with the issue as it comes and to get it
cleared.
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, to table until May
the 7th meeting, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #4: TABLED APRIL 2,1996: FINDINGS OF FACT AND
CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR ASHFORD
GREENS NO. 2 BY BRIGHTON CORPORATION:
Corrie: Does the Council have any discussion before we take up the findings of
fact and conclusions? Is the representative here, I have one question. On
Interlachen what are the plans for that street that go into your subdivision?
Wardle: Mr. Mayor in the original approval of the conditional use permit we were
required to deal with a connection but until that parcel through which that must
pass to make the connection is actually put into design mode it is premature to
determine what that might be. ACHD was reluctant to have a connection for fear
that it would put traffic on Interlachen that they never anticipated. So whatever is
done is going to have to be done with the City staff as well as ACHD.
Corrie: Thank you
Morrow: Mr. Mayor, for the record in the findings of fact and conclusions there is
a reference to the deed for the golf course property to bring the Council up to
speed the first draft of the second deed or second time around yesterday
afternoon and that is being reviewed so that is under progress as we speak.
Corrie: Mr. Morrow did they take off the restrictions that were on there
previously?
Morrow: That is correct.
Corrie: Any further discussion?
Rountree: I have a question Mr. Mayor, the delivery of that warranty deed does
that meet the terms of Item 18 on page 23 of the findings of fact, actually page 24
with (inaudible)
Crookston: I have not seen the deed myself so I don't know.
Morrow: I think by the time we get done reviewing it it will meet that deed there
was both a deed and an easement covering some of the other issues at our
committee meeting yesterday afternoon I gave those to the former Mayor
Kingsford because he had originally reviewed those documents that were
rejected and I asked him to spend the evening reviewing these new documents
to make sure that it covered the issues with respect to the layout on the golf
course in terms of easements and the planning and such. He assured he would
do that and return them and he would have attorney Crookston review both
documents. Council then would review any changes that came from any of the
tree of those groups and (inaudible) Mr. Turnbull for him to (inaudible). Mr.
Mayor I would move that we adopt and approve these findings of fact and
conclusions of law.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that we approve the
findings of fact and conclusions of law for Ashford Greens No. 2, any discussion?
Roll call vote.
ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Corrie: Entertain a motion for the decision.
Morrow: Mr. Mayor, the Meridian City Council hereby approves and grants this
conditional use permit for a planned development (inaudible) findings of fact and
conclusions of law (inaudible) not to be met as stated herein. Specifically
including design review and plat approval (inaudible).
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree of the decision that
was just read, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: TABLED APRIL 2,1996: PRELIMINARY PLAT FOR ASHFORD
GREENS NO. 2 BY BRIGHTON CORPORATION:
Corrie: Any discussion?
Rountree: Mr. Mayor I have a question for staff. Bruce, have you seen a
preliminary plat meeting the engineering standards on this and if so have your
concerns and issues been met?
Freckleton: Mr. Mayor and members of the Council, we did receive written
response to our comments on December 12, 1995 and they have addressed all
of our concerns. There was only one item that we did bring up that still I guess is
a question and that is the issue of the sidewalks being on both sides of the
streets, five-foot sidewalks. My comments we required that and their request is
to have sidewalks on one side of the street only. Other than that everything
seems to be in order.
Rountree: Thank you. Mr. Mayor I would move that we approve the preliminary
plat for Ashford Greens No. 2.
Morrow: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that we approve
the preliminary plat for Ashford Greens No. 2 by Brighton Corporation, any
further discussion?
Morrow: Mr. Mayor, I would ask, apparently Shari is not here this evening.
Corrie: Shari will be here a little bit later.
Morrow: Okay, that is fine, did you wish to approve them subject to all staff
conditions?
Rountree: That certainly would be my intention yes.
Morrow: Do you wish to amend the motion?
Rountree: If you withdraw your second I will withdraw my motion. Mr. Mayor I
would move that we approve Ashford Greens No. 2 conditions of preliminary plat
meeting all the conditions of City staff and City ordinances and ACHD's
comments.
Morrow: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that we approve
the preliminary plat for Ashford Greens No. 2 conditioned that all staff conditions
be met, all ordinances to be met and ACHD conditions to be met, any further
discussion? All those in favor of the Motion? Opposed?
MOTION CARRIED: All Yea
(END OF TAPE)
ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR
VARIANCE REQUEST FOR DOVE MEADOWS NO. 2 BY DAVE LEADER:
Morrow: Mr. Mayor I would move that we adopt and approve the findings of fact
and conclusions.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, that we approve the
findings of fact and conclusions of law for the variance request for Dove
Meadows No. 2 Subdivision, any further discussion? Roll Call vote
ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Nay, Tolsma - Yea
MOTION CARRIED: 3 Yea, 1 Nay
Corrie: I will entertain a motion for the decision.
Morrow: Mr. Mayor, I would move that it is decided that a variance from R-4
street frontage requirements of a 65 feet is hereby granted for Lots 3 and 4,
Block 1, Phase 2 of Dove Meadows Subdivision.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma of the decision.
Morrow: Let me repeat that for you please, that it is decided that the variance
from the R-4 street frontage requirement of 65 feet is hereby granted for lots 3
and 4 of Block 3, Phase 2 of Dove Meadows Subdivision.
Corrie: You have heard the motion, any further discussion? All those in favor?
Opposed?
MOTION CARRIED: 3 Yea, 1 Nay
ITEM #7: PRELIMINARY PLAT FOR DOVE MEADOWS NO. 2 SUBDIVISION
BY DAVE LEADER; TABLED APRIL 2,1996:
Corrie: Staff have any questions or discussion?
Stiles: Mr. Mayor and Council, I think there are still a couple of items that we
wanted to address. One was the designation of the lot for the sewer line on the
western boundary. Another was the common lot that is shown on, it is shown as
lot 1, block 6, these planning strips there are only 16 feet wide. They don't
extend to the corner of the lot. I would like to see those 20 feet wide and extend
the full side of that lot. Gary Smith also indicated he wanted to make sure that
was designated as a non -buildable lot the sewer lot. I am not sure if he means
the drainage lot as well. I believe we are still waiting for the outcome of the tiling
of that ditch along the northern boundary between Wingate. I don't know how
much progress has been made, maybe Bruce can address that.
Corrie: Mr. Freckleton?
Freckleton: Mr. Mayor and members of the Council, plans for Wingate
Subdivision are forthcoming, they have addressed the ditch. Gary Lee with JUB
Engineers contacted our office to find out how we wanted that handled. It is our
understanding that Dan Wood the developer of Wingate Subdivision and Dave
Leader have reached an agreement on a single pipe proposal. That pipe would
be located in the Dove Meadows side of the common boundary and JUB
Engineers is going to show that pipe in their plans. It should be shown in the
Dove Meadows Subdivision plans as well. It is kind of looking like the Wingate
Subdivision is probably going to be developed ahead of Dove Meadows and we
just wanted to make sure the provision was there to take care of that ditch.
Tolsma: Bruce, has that been coordinated with the down stream users?
Freckleton: There has been quite a bit of study done on that ditch since we first
started this process and it has to my knowledge.
Tolsma: Did Mr. Brian give his approval on this?
Freckleton: I believe Don has taken a look at the plans and as far as I know he is
in agreement to them.
Tolsma: (Inaudible)
Morrow: Mr. Mayor I have a couple of questions for staff. Are you indicating then
Bruce and Shari that underneath our proposal that was done January 4, 1996
that proposal 8 under site specific supplementary connection from the City's
water system the pressurized irrigation system being proposed will be reviewed
closely due to the size and the area to be watered the applicant should provide or
shall provide a statement as to the ownership and operation and maintenance of
the pressurized irrigation system, has that been accomplished?
Freckleton: Mr. Mayor, members of the Council, that pressurized irrigation
system it is my understanding that we are working together with the developers
of what will be Packard Subdivision and Wingate to build a common pressurized
irrigation system that will service Dove Meadows, Wingate and Packard. I don't
think final plans have been established yet as to the location of that pump site, at
least our office has not reviewed those. But that was the word that we got was
that they were looking at a common pump station.
Morrow: Let me ask you this then, if it is a common pump station, what provisions
are there made here or made within this proposal to protect the individual lot
owners and guarantee service. Do we have any information as to how this is to
be operated?
Freckleton: Not at this time. I would assume that it is going to be a Nampa
Meridian Irrigation System owned and maintained.
Morrow: Next question is when does it come on line?
Freckleton: Fair question, I don't know.
Morrow: This issue is not is this concept although it may not be a (inaudible) but
this is a new concept with respect to linking multiple subdivisions together for one
system.
Freckleton: Yes
Morrow: And has the staff begun to develop any procedures at all for the
necessary safeguards to be in place all the way from the engineering side to the
user side?
Freckleton: I don't know what Gary has done on this, I am not aware of any
procedures that he has put into place.
Morrow: Shari I have a question for you on your site specific comments and I
think you talked about this earlier but on number 9, we talked about, although
phase 1 of the development was approved with easements for landscaped areas
I believe these areas should be separate lots which are dedicated to the
homeowners association for maintenance. That was a major problem in phase
one both how the pressurized irrigation system was done also the completion of
the landscaping and of course the maintenance. My question is really three fold,
has this been done in such a manner with that common lot is the ownership of
the homeowners association.
Stiles: Councilman Morrow, Mayor and Council, I don't recall the covenants for
this subdivision whether those have been approved yet or not and that would
take care of the maintenance of them. My main concern was the configuration of
how those lots are, we typically require a 20 -foot planning strip, our ordinance
requires a 20 -foot planning strip. This is going to be carrying quite a bit of traffic,
it is going to be a collector. So, I haven't seen any details on what they are going
to do there, my main concern was the dog leg in the lot, do you have a copy of it
in your (inaudible). Something could be remedied easily but it would mean
reducing the frontage of the lots in the remainder of that block. Because if they
had a 20 foot planting strip on that lot it would not meet the frontage
requirements.
Morrow: So then the second part of the question is that we have talked, because
the CC&R's are not here we are not sure what the maintenance agreements are,
is that correct.
Stiles: I don't remember having them on the agenda, I don't know if Council could
Morrow: Okay, and then on this plat, it is common lot owned by the homeowners
association as opposed to easements is that correct?
Stiles: Yes, there would be a note on the plat indicating that was the case.
Morrow: The third part of my question is have the issues that were raised in
phase 1 by both the homeowners and the City Council been addressed?
Stiles: I have not been in contact with the homeowners but I don't believe the
irrigation problem or the landscaping is entirely settled as well as the ditch
problem.
Morrow: And the ditch problem you are referring to is that the one that affects Mr.
Bryan's property?
Stiles: I believe so yes.
Morrow: Thank you, Mr. Mayor I noticed that the applicant and his representative
are here, I know it is a little unusual, can we have them address these issues.
Obviously staff is not familiar with any solutions to the problems. This has been a
matter that has been on the tabled since January, I would like to hear if there is a
resolution to these issues that were raised.
Corrie: Dave, would you be able to come up here and answer some of those
questions?
Hutchinson: Thank you Mr. Mayor and members of the Council I am Ted
Hutchinson, Tealy's Land Surveying. To go to the issues that were raised in the
first subdivision Dove Meadows No. 1 regarding the irrigation for the landscape
easement which was done as an easement in phase 1. Lot 1 in Block 4 right here
on the corner is the only lot left to be built on in that segment of the landscape
strip. There hasn't been a building permit issued for that lot and because there is
no building permit there is no way that Mr. Leader can get access to water to
continue that irrigation system. As noted in the previous public hearings the
owner of that lot has reassured Mr. Leader that he would be forthcoming with
obtaining the building permit so that issue could be resolved so that this would
complete the irrigation system along the landscape area of Hickory way at that
point. It is just simply waiting for that building permit so that they can get the
water connection. Again they can't get that without a building permit.
Morrow: Why?
Hutchinson: Your department will not issue the permit.
Morrow: They will not issue the building permit, has a building permit been
applied for?
Hutchinson: No the owner has not applied for a building permit and that is
(inaudible) they won't issue a water permit without having a building permit.
Morrow: I am sorry you will have to go slower here. How does the building
permit impact hooking up the water for the.
Hutchinson: In order for Mr. Leader to get the water there,
Morrow: Are you talking about City water?
Hutchinson: City water, which I believe this was developed with the City water for
the irrigation it was not included in the pressurized irrigation system of Dove
Meadows 1 was done prior to
Morrow: So he paid the well development fee?
Hutchinson: He paid the well development also yes. In order to complete the
lines through there the building permit has to be issued on those lots. The owner
of the lot has not applied for a building permit. Even though Mr. Leader has been
after him for quite some time to take some action here so he can complete that.
He can't act without the building permit being issued.
Morrow: Would those lines be in an easement, these are crossing a lot that has a
house going to be built on it?
Hutchinson: There will be a house built on it.
Morrow: And the lines are continuous through the lot and they are in an
easement area.
Hutchinson: I think Mr. Leader could best specifically address the problem he has
run into on that but it has been because there has not been a building permit
issued and because of that they won't issue any permits on that for irrigation line.
Regarding the lot which has the sewer easement on this end that has been an
issue about whether or not the sewer easement should actually be on a separate
lot. Lot 23 in this is a common area lot it is a drainage lot, open space lot it is a
non -buildable lot. It really serves no purpose to have two non -buildable lots
adjacent to each other when we can accomplish the same thing by having it as a
sewer easement. I did talk to Gary Smith on this when this issue came up and he
agreed to a note on the plat because he was real concerned about making sure
there were no structures, play structures or anything of that nature built in the
easement. He agreed with the note on the plat which is held up until we can get
the approval on the preliminary plat, that no structures allowed on Lot 23, Block
2, no trees or shrubs may be planted within the 25 foot sanitary easement. Gary
agreed to that language, that language is going to be specifically stated on the
final plat. In fact we have submitted the final plat application it has been held up
waiting your approval of the preliminary plat. So that I think we have adequately
addressed that issue, I don't think we really need to put another lot in there
because it is a non -buildable lot anyway. It would be a little redundant.
Regarding the lots that we provided as requested by the City of Meridian we
really don't see any purpose would be served by increasing these by five feet.
Granted North Hickory is a collector but it is only a collector until it reaches the
next intersection which is just to the north and it will be in Packard Subdivision
from there (inaudible) it narrows down to local standard streets so that it is only a
collector from that intersection out. We really see no purpose would be served by
increasing those lots by 5 feet. They are common area lots, they are not
buildable lots and a not on the plat, on the final plat states that except those lots
designated as open areas all lots are for single family dwelling units. The open
area lots were not buildable. Again we have discussed the note language with
Gary and I believe that we have adequately addressed those issues. Regarding
the irrigation system that is being developed among the 3 subdivisions that are
being proposed, JUB is working on that development. Mr. Leader, Mr. Woods
and Packard development are working closely so that will become readily
available and be administered by the irrigation company in accordance with their
operation standards so that there will be adequate water for those (inaudible).
Are there any other questions that I might be able to answer?
Morrow: Questions with respect to this irrigation system, obviously we have not
done one of those before what is the procedure to get, let's assume this is
developed first, what gets these folks water first?
Hutchinson: Mr. Mayor and Council members, Mr. Morrow, the details are being
worked out like I said by JUB engineering and there is I believe they have a
system that is pretty well in place, again I think Mr. Leader has been first hand in
those conversations and part of the negotiations and I will actually defer to him to
answer that particular question.
Morrow: My second question is with respect to the 15 foot common lot as
opposed to the 20 foot, I believe Ms. Stiles stated that is an ordinance
requirement and so in order for that to be less than the 20 feet you have to apply
for a variance from that ordinance.
Hutchinson: I was unable to find that requirement for the 20 feet, is there a
citation that I can have on that.
Stiles: Mr. Mayor and Council the planting strip requirement is in the ordinance, I
believe it refers to highways but we have been requiring it on anything above a
collector, collector status and above, local streets of course not but because of
the high traffic volumes I do believe with a 40 acre subdivision to the north with
no access to anywhere else yet there is going to be a significant amount of
traffic.
Hutchinson: We disagree with the assessment on the amount of traffic that is
going to be coming through there. After all it is like you say only a collector street
until it gets to that next corner. We don't believe that it the ordinance specifically
requires it we believe that it will be adequately addressed by what we have
proposed.
Morrow: I guess that is something we will have to determine.
Hutchinson: Yes
Morrow: Thank you.
Corrie: Mr. Morrow, did you want Mr. Leader to answer any questions?
Morrow: Please, my question is specific in terms of two fold, your explanation of
why we are not seeing the continuation with the landscaping and with respect to
the building permit. How does that impact (inaudible).
Leader: Okay, you see when we designed this and where we got the hang ups to
start with is we were under the impression we could pull and I guess at one time
you could pull a meter permit without a building permit on a lot. But when we
built the subdivision they said you can't do that anymore you have to have a
building permit on a building lot to get a meter permit. So because those were
easements, because the meter service was for the sprinkler system was to be
tied into the owners own system we had no way of supplying water to the
landscaping. So we still have the one lot there, Nickie Sigmont is the builder. I
have had a couple calls back and forth, she has assured me that she was almost
ready to submit plans but as of today I still haven't seen plans. I have contacted
my sprinkler guy to get the layouts done for the sprinkler systems but we don't
want to put them in until they at least get their foundation back filled so they don't
get torn back out. But as soon as that happens we will finish up that
landscaping. I think there was some comment (inaudible) and I said I have no
problem with that, it had to be completed by June or something, I don't know
what the date was. Obviously we are fighting weeds already, we want to get it
done and we have a maintenance contract and that is part of it to maintain that
area. We want to get it sodded so they can maintain it.
Morrow: So there is a bigger issue here than just the lines in terms of permit and
how the issue is also partially the foundation for the house?
Leader: No, they have to have a building permit for us to be able to hook up the
sprinkler system on that one lot that is not built on. We want them to get their
foundation in so we can finish because that berm is part of that lot. If we try to
sod all of that and they come in and drive all over it, it is going to have to be done
over again. If at least they can get the foundation in and back fill why then we can
finish the landscaping on that lot.
Morrow: The next part of my question is with respect to the three subdivisions
and the common irrigation system can you explain what is going on there?
Leader: We have been talking to Nampa Meridian, the intent is to have a system
that Nampa Meridian will take over and operate, bill all the homeowners
themselves for the irrigation water rather than the association trying to take care
of it. Quite honestly I am not sure but I was under the impression that John Ewing
and Kevin Howell and I am not sure but I understood there was some
overlapping there in the system that is over in Hunter Pointe and John Ewing and
Kevin Howell and another builder that had some ground in there but I could be
wrong, but I was under the impression that had been done before. But again my
assumption was is you would require bonding from all of us, it is our
responsibility to get it built and functional for each of the subdivisions as they
come along. Obviously the part of the design is staging the pumps so the
additional pumps come on as the additional phases of Packard Subdivision come
on also.
Morrow: So the system is supposed to be designed so that no matter who starts
building as soon as those homeowners buy their homes they have access to the
irrigation water, is that correct?
Leader: Absolutely, the idea is to build the system so that it is there when you
have (inaudible) irrigation system you can use.
Morrow: One question back on my former question with the lot that needs the
building permit. Is all of the rest of the landscaping, pressurized irrigation lines in
so that all the rest of the landscaping can be done except for this one lot?
Leader: Again there was no pressurized irrigation except in block 1 there, yes,
that is in and functioning.
Morrow: Okay, so the landscaping then is complete with the exception of this one
lot?
Leader: No, I am sorry, there are three lots there on the west side of the street,
the one the people just moved in. I contacted her last week and we got things
worked out. My sprinkler guy wants to do all three, we want to sod all three at the
same time. But if she is not going to get the permit right away I mean we will do
the other two because it costs more to pipe the weeds than it does the sending
back to the last lot.
Morrow: I have no further questions Mr. Mayor.
Corrie: Any further questions of the Council?
Rountree: I have a question about the irrigation water, what is the deal that has
been struck there?
Leader: I am not sure that I
Rountree: Running the irrigation across the property?
Leader: Do you mean between Dan Wood and myself? Basically I am paying
60% and he is paying 40% for the portion that is on our common property line
and I am paying for the rest of it.
Rountree: When would that work be started?
Leader: Well we were hoping to get it started by now but being as we didn't get
the plat approved Saturday I had them plow the ditch and plow in a new ditch
over to allow us room to get in and work as soon as we could. So we haven't
coordinated, there was a question on a box there too that we are still trying to
make sure that it is acceptable and workable for everyone. But plans have been
drawn and they have been approved but like I say there is one box that has a
little bit of a question mark so as far as the time table on building that we had
really expected to do that before the irrigation season because it was upon us
and there were still questions on how far it was out for anyone to start why we
haven't built it yet.
Rountree: What entities would approve that design?
Leader: We met with Gary Smith and Bruce Freckleton on the design of it. They
had met on the design down stream on Avest's property earlier than that. Again
all this does tie into that system that is built down stream now.
Morrow: Everything has been coordinated with Avest (inaudible) proper flow
capacity; it has all been engineered (inaudible).
Leader: That is correct.
Corrie: Any further questions for Mr. Leader? Thank you Mr. Leader.
Morrow: Mr. Mayor, I have a question for Bruce, is it clear now to you what the
issue is with the building permit as it relates to the easement for the landscaping
for this particular lot?
Freckleton: Mr. Mayor, Councilman Morrow, I am going to do some checking
tomorrow to find out if there was a separate service installed for that landscaping
or whether they are going to be coming off of that building service. Off the top of
my head I don't remember how that particular lot was set up if that service was
specifically put in for that landscaping or whether it is not. So I will check into
that tomorrow.
Morrow: How about the other two, would that same research answer both
questions?
Freckleton: Correct
Corrie: Any further questions from Council?
Morrow: Mr. Mayor I have a question for the counselor. With respect to this
common, I need for you to give me some input in terms of the common irrigation
system and how we would handle that. Obviously on the preliminary plat is the
appropriate place to make whatever conditions we need for that but having no
experience in that how do we handle this?
Crookston: It is certainly best to handle it at the time the preliminary plat is
approved. It certainly does raise some questions because we have not had this
type of system before. It could make it a condition of approving the preliminary
plat that your questions be answered and that the irrigation system is put into
place.
Morrow: A follow up question, the issue with, how do you interpret the ordinance
where the 15 or 20 feet as opposed to highway or collector?
Crookston: I wrote down a comment to myself basically. Highway is generally,
would have to look at our ordinance but a highway is just another name for a
street and vice versa. Highway to people these days and generally meaning
means something that you travel 55 miles an hour on, but I believe in the
definitions a highway is also a street.
Morrow: Do we define in our ordinance by way of arterial collector and residential
collector?
Crookston: I haven't looked at that issue.
Morrow: So your advice would be?
Crookston: Well, my advice would be to let me take a look at if we have a
definition as to whether or not our definition sufficiently defines it and whether or
not that 20 -foot landscape strip relates to a highway. Because a highway like I
said is generally just another name for street or roadway unless we have a
definition in our ordinance that says a highway is just as many people think it is
today like Highway 55.
Corrie: Counselor, then you are saying the Council can either or in this case they
can put the fight to put more or leave like it is on their preliminary plat without
that.
Crookston: What I am saying is I will take a look at it.
Morrow: Mr. Mayor, I would like to get the other guys thoughts here. I would like
us, this is a point of discussion, I would like to see us address the issue that
Bruce is going to review in terms of the permit issue. Also, I would like to see
some more information for the common sprinkler system and how it works and
what the pros and cons of it may be. I would like this issue with respect to the 15
or 20 feet resolved because it seems to me like at a preliminary plat point if the
resolution is going to be 20 feet that means that there is some replatting of the
lots involved. So as a point of discussion it seems to me like it would be
premature to pass the preliminary plat tonight.
Rountree: I would like to add one more thing to your list and that would be is that
we nail down what is going to happen with irrigation systems and get
concurrence from the water user the primary water user that what is being done
is adequate. I don't think he left this evening knowing any more than he already
did.
Morrow: And you are talking about the line on the common of Dove Meadows
(inaudible)
Rountree: And Wingate.
Corrie: Hearing that are you ready to make a motion for tabling then?
Morrow: Mr. Mayor I would move we table until our first meeting in May, which
believe is the 7th.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the preliminary
plat for Dove Meadows No. 2 is tabled until the May 7 meeting, any further
discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: ORDINANCE #729 - SMITH'S FOOD AND DRUG CENTER
REZONE/C-N:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND
CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF
MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A
PORTION OF THE SE 1/4 OF SECTION 2, T.3N, RAW, B.M., ADA COUNTY,
IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from
the audience that would like to have Ordinance #729 read in its entirety? Seeing
none I will entertain a motion from the Council.
Rountree: Mr. Mayor, I move that we approve Ordinance #729 with the
suspension of rules.
Morrow: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that Ordinance
#729 be adopted with the suspension of rules, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Bentley - Nay, Rountree -Yea, Tolsma - Yea
MOTION CARRIED: 3 Yea, 1 Nay
ITEM #9: ORDINANCE #730 - WATER METER FEES:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION
5-131 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN. RE-ENACTING SAID SECTION 5-131 OF THE REVISED AND
COMPILED ORDINANCES OF THE CITY OF MERIDIAN WITH THE ADDITION
OF RELATING TO THE CHANGES FOR WATER METERS AND PROVIDING
FOR AN EFFECTIVE DATE. Is there anyone from the ordinance that would like
to have Ordinance #730 read in its entirety? Hearing none I will entertain a
motion for Ordinance #730.
Rountree: Mr. Mayor, I move that Ordinance #730 be approved with the
suspension of rules.
Tolsma: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that Ordinance
#730 be approved with the suspension of rules, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
ITEM #10: FINAL PLAT FOR DANBURY FAIR NO. 7 SUBDIVISION WITH A
DEVELOPMENT AGREEMENT BY B.W. INC.:
Morrow: Mr. Mayor, I would like to have a Council decision on a possible conflict
of interest with respect to my hearing of this issue. I have since the preliminary
hearings purchased a lot from B.W. Inc. EIO in Island Woods Subdivision which
is a subdivision within the City of Eagle that is owned by Dennis and so I don't
perceive there to be a conflict with my ability to make a decision but I think that
for the record that relationship ought to be discussed and whatever decision that
Mr. Tolsma, Mr. Bentley and Mr. Rountree would come to I would stand by.
Rountree: Discussion, I don't perceive that there is any conflict with that Mr.
Mayor. (Inaudible)
Corrie: Hearing that there is no conflict you can vote on this subdivision. Any
discussion? Anybody want a presentation from the representative?
Rountree: Mr. Mayor I would ask a question of the staff. You are in receipt of
the comments to your comments have your concerns and issues been
satisfactorily addressed.
Freckleton: Mr. Mayor and Councilman Rountree, we did receive those and there
were no concerns that were raised with their response.
Rountree: How about the remainder of your responses, were they all
addressed?
Freckleton: Yes
Morrow: Is the same true with Shari?
Stiles: Councilman Morrow and Mayor and Council, there is one issue with the
development agreement the applicant has submitted a copy of that agreement. I
do have some issues I do need to work out with them. I would like you to
consider authorizing the Mayor to sign it upon final review of myself and counsel
if possible. I feel pretty comfortable with the conditions that we have set and they
had just completed one for Danbury No. 6 and it is basically the same thing. I
think we do need to address some things specific things on the fencing and
Adkins Lane but other than that it is pretty standard.
Tolsma: (Inaudible) this letter that we have from Nampa Meridian Irrigation
District, their plan said they would like to see another pump put in, do you know
anything about that?
Freckleton: Councilman Tolsma I do not.
Torfin: Can I address that, Mr. Mayor, members of the Council, I am in receipt of
that letter and I talked to John Anderson and he believed we only had one pump
in our pressurized irrigation station. We do have two pumps and I have corrected
that or he understands that and is not requiring an additional pump. That system
is up and running by the way for all phases previous to this phase 7.
Tolsma: His comments in there stated that there is one pump and (inaudible)
Torfin: Right, he forgot we have a second pump, but I refreshed his memory.
Corrie: Dan, we need that letter if you have it to keep our files current as well.
Torfin: Yes, I need that approval letter and he is amending that letter.
Morrow: Mr. Mayor, I would move that we approve the final plat for Danbury Fair
No. 7 subject to all staff and ACHD conditions and also authorize the City
Attorney and City Planning and Zoning Director Stiles to negotiate the
development agreement and the Mayor to sign and the Clerk to attest.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further
discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
(FIVE MINUTE RECESS)
ITEM #11: FINAL PLAT FOR SALMON RAPIDS NO. 3 SUBDIVISION BY
MARTY GOLDSMITH:
Corrie: Council any discussion, questions of staff on the final plat?
Morrow: Mr. Mayor, I believe based on the note that was in our box tonight that it
was received today that there is a change in representation of Mr. Goldsmith's
interest, I think that what I would like to hear is an explanation from Mr. Bowcutt
concerning that change and how it relates to the issues, have been addressed by
staff and her answers to those.
Bowcutt: To answer Councilman Morrow's question, we have been retained by
Marty Goldsmith of Farwest Developers to complete this two lot final plat. All of
the engineering has previously been done and constructed with phase 1. These
are two lots that fit into the cul-de-sac I think that it is Weber Rapids and so all
the facilities step to the lot and we are just processing the final plat. We did
receive staff's comments; I sent a letter to Mr. Freckleton addressing those
issues. Made all necessary changes on the plat that he requested and he has a
copy of the revised version. Any questions?
Corrie: Thank you Becky. Further discussion Council or staff?
Morrow: Everything is satisfactory with both you Bruce and Shari?
Freckleton: Mr. Mayor, members of the Council, I did receive those late this
afternoon; I didn't have a chance to really go through a detailed plat. I did go
through and compare responses to my comments and everything looked to be
adequate.
Stiles: Councilman Morrow, Mayor and Council, I had not made comments on
this two lot subdivision, however the comments I would like to make are that I
believe there are some trees on a lot that I have asked Mr. Goldsmith to get a
qualified expert to look at to see if they should be removed. On my inspection
being an expert it appeared that the bark was coming and there was a lot of
sawdust underneath and I am just worried about the safety of leaving those trees
on the site. Another thing is since this is two lots, it should have really been
included as phase 1, and that they do have a variance on phase 1 for the
planting strip to be able to place that fence within the planting strip that these two
lots only be aligned with the fence as approved in #1. South of these two lots is
the Eight Mile Creek, and then they could go back to the 20 foot planting strip
beyond there. But it really doesn't make any sense to have a 20 foot planting
strip on these two lots, at least the alignment of the fence should be only 10 feet.
Corrie: Any further comment from Council or questions? Hearing none I will
entertain a motion for the final plat.
Morrow: Mr. Mayor, I would move that we approve the final plat for Salmon
Rapids No. 3 subdivision subject to all staff conditions, P & Z conditions, ACHD
and Nampa Meridian conditions.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the final plat
for Salmon Rapids No. 3 subdivision be approved subject to all conditions of
staff, Planning and Zoning, ACHD and Nampa Meridian irrigation, any further
discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Morrow: Mr. Mayor, I don't want anybody to misinterpret the conditions, they
would include the conditions that Shari eluded to with respect to the planting strip
and the tree issue, was that clear? Thank you.
ITEM #12: PUBLIC HEARING: REQUEST FOR VACATION OF
WATER/SEWER EASEMENT BY ROGER ANDERSON:
Corrie: I will now open the public hearing and invite the applicant or
representative to come forward.
Jerry Ellis, 9520 Fairview Avenue, Boise, was sworn by the City Attorney.
Ellis: The request for vacation is in regards to a development on Taylor Street.
We were asked as a condition of approval for a building permit to move an
existing sewer and water line. That was accomplished back in, I am close on the
dates, July or August of last year. Since that time we have been going through
this procedure to finalize the vacation of the existing easement that has been
granted originally for that sewer and water line. The easements have been
recorded the water and sewer lines have been moved and we are just asking to
complete the vacation.
Corrie: Any questions from staff? Thank you Jerry. Any comments from staff?
Any further testimony from the public? Any further comments or discussion from
Council? I will close the public hearing. We need a motion from the Council.
Morrow: Mr. Mayor I would move that we adopt the findings of fact and
conclusions of law as prepared for us by P & Z.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve of
the findings of fact and conclusions adopted by the Planning and Zoning, any
further discussion? Roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley - Yea, Rountree - Yea, Tolsma:
MOTION CARRIED: All Yea
Morrow: Mr. Mayor, Meridian Planning and Zoning Commission recommended
the City Council of the City of Meridian that they approve the vacation of a sewer
and water easement at 75 West Taylor Street.
Tolsma: Second
Corrie: Motion by Mr. Morrow, second by Mr. Tolsma that the decision and
recommendation of the Planning and Zoning Commission be adopted, any
further comment or discussion? All those in favor? Opposed?
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ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE
PERMIT FOR A GROUP DAY CARE BY ANGELA MILLER:
Corrie: I will open the public hearing at this time and invite the applicant or the
representative to come forward. Nobody here, anybody from the public that
would like to give testimony on this request? Council, any further discussion or
comments?
Morrow: Mr. Mayor, I would move that we continue the public hearing until May 7.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the public
hearing be continued to the meeting of May 7, any further discussion? All those
in favor? Opposed?
MOTION CARRIED: All Yea
Morrow: Mr. Mayor could we also, do we know that they were notified that tonight
they were on the agenda.
Berg: Yes we send out a notice to them personally as well as the people that are
within the 300 feet.
Morrow: Could we do a follow up notice that this has been continued for their
failure to be here and maybe by virtue and then a phone call so that they don't
miss the next meeting.
Berg: Yes I will personally contact the applicant do you want me to contact the
people within 300 feet again.
Morrow: Well no they have had that opportunity by virtue of the fact that we
continued the public hearing.
Berg: I will get a hold of her personally.
ITEM #14: ROD CULLIP: REQUEST FOR SEWER HOOK UP:
Corrie: Council, you have got that, would you like to hear from Mr. Cullip
Council? This is not a public hearing. It is a request that he has.
Cullip: Are you familiar with the paper that I left with you as far as what has
happened from the beginning to the end of the Five Mile Creek sewer hook up.
We had numerous problems throughout the whole thing from start to finish. The
reason I am here is to see if I could connect to the sewer and I have incurred
numerous, well totaling about $2700 worth of expenses that I have had to pay
out of pocket not including labor. This is just on damages throughout the project.
I worked weekends, everything trying to help the project be completed, in fact
was out until 1:00 in the morning last night still trying to get my property back into
the condition it was before they did this project. I seeded it, I put in straw to keep
from washing it away. I have some pictures here if you guys would like to look at
it and see what kind of condition it is in at this point still. I have grass that is
starting to come up, I seeded it. We have had numerous problems starting from
the beginning of where they entered our property at Franklin. They brought a
road down to a manhole and they built the road up level with the fence and I had
one of my horses chase another horse chased it over the road of course since it
went over the road it got all hung up in the fence. That ended up costing me
about $700 total and we were two months doctoring it, we had to put it in an
enclosed area because it ripped it open clear to the chest. We had to keep him
contained because every time he took a step it sucked air inside his body, clear
through his skin and we spent two months doing that and in the meantime they
are doing this project out there and they pulled a concrete truck in there and of
course it hit the air brakes coming in my drive way and scared the colt and he
jumped out of the fence and broke two of my gates, bent them all up and nobody
informed me of that. I come home from work and it was standing there with its
back leg bent out of site. I called a vet in on that and had it checked out. The
next morning I asked the guys about it and they go oh yeah we changed the
gates out and put him back. That I incurred $200 on the gates there. The price of
what it cost me for the vet fee. The different things where it lists Masco let me
use some of the equipment I was using the equipment trying to get the property
back into the condition it was. They couldn't they kept digging it instead of
getting it to where it would irrigate property they would dig it up and I would get
big holes, washes everything. To bring a long story to an end this is what I have
ended up with and I would like to know if I could have some of this removed on
my cost of hooking up to the sewer basically is what I am asking.
Morrow: Mr. Mayor, I have a couple of questions here, with respect to everything
that I see before me indicates that the easement here is on property owned by
Gary and Sandra.
Cullip: That was the original owners at the time of the contract yes.
Morrow: Is there any record of sale that indicates that you are the owner?
Cullip: I have the contract right here.
Morrow: Is it a recorded contract?
Cullip: (Inaudible) We had the contract in April of 1995 on the property and that
is when we started fixing it up putting in all of the stables and stuff for the horses
and we have had our horses out there for seven years now.
Morrow: My next question is with respect to the gates that were installed on your
property were of the standard apparently that is listed here for the rest of the
project and it says the City purchased Powder River gates which is apparently a
grade above what they put on other properties within this project.
Cullip: If I may comment on that, the gate they used is the cheap ones that they
have over at D & B, they are $39 they are the, they are just a utility gate is what
they are. My horse walked up and bumped it with its chest and it just bent like
that. The neighbor next to me had his gate replaced also because the cows in
the pasture next to him was rubbing their but on it and bent it in about a foot just
from rubbing against it. The gates that they had up originally has sheet metal
that is wrapped in metal and it has raw edges and I explained to them that I have
had somebody that had horses that got his hoof in there and it just laid it wide
open. It is just a raw edge sheet metal edge. The Powder River is specifically for
cattle and I didn't specifically request the name brand I just said something that
would hold up.
Morrow: And were these gates in replacement to gates of yours that had been
there or are these totally new installations?
Cullip: No they were the replacements of the original ones they were installing,
they did not install them. They started installing them and that is when I had one
of the horses come up and rub against it and it just bent. It is a real light utility
gate is what it is, just a utility gate.
Morrow: I understand that, but my question is, were there gates there before,
before this project started?
Cullip: Yes
Morrow: And what brand were those gates?
Cullip: They were a different style, they were really heavy gauge metal, I can't
specifically think of the brand name.
Morrow: But they were on the property prior to the project. (Inaudible)
Cullip: Oh, they were just fenced areas, but they had to put a gate so they would
have access coming through the road.
Morrow: So for these two gates there was no prior gate in that area.
Cullip: Right, it was just fence is what it was.
Morrow: Then, apparently around, there is an issue of $1155 of concrete around
culvert heads. There was apparently 11 of those done.
Cullip: Okay, they put culverts in because the water was running across the road
and it was washing the road out. So this is something that I had Rick come out
and look at and he said okay we need to put culverts in. I said where this is
washing it here and here and here and I showed them the places and then they
come out and they were installing the culverts. Well on the end of these culverts
when they cut them they leave little spike shavings or the metal when they cut it
and it was poking out on the ends. I just made a suggestion that we need to put a
collar or something on that because if a horse hits it, it is going to lay the bone
open. Of course you can understand my concern with all the problems I had
previously to that. I had a mare that stepped on a survey stake and drove a four
inch piece of wood up into her hoof too above and beyond the other (inaudible).
Morrow: With respect to this particular survey stick was it within the easement
area?
Cullip: Yes it was within the easement. What happened is they had the horses
divided off, they were coming in and they were doing the work. Well the
neighbors would flood them out so they would just pick up and leave and go do
other jobs. Then they would come back and try to do some more work and their
equipment would sink, it just had water standing down there. They built all the dirt
up to a certain area, well when the neighbors watered it would run down and
seep right down because they had it dug lower than what the water level was.
So it would seep into the areas that they were working.
Morrow: This is irrigation water?
Cullip: Irrigation, yes sir.
Morrow: And the purpose of the culverts under the road was to get the irrigation
water into the (inaudible)
Cullip: To the other side of the pasture, because when they put the road in they
were blocking the water from getting to the other pasture area that the natural
water flow, the irrigation went over through the other pasture and (inaudible).
Would a picture give you a better idea. (Inaudible) All of this fencing that I have
added here to keep this all separated and here that is not in that cost, that is
above and beyond. I just put down the cost of the things. But see the natural
flow of the water came down here and went down through the pasture and into
the creek there. Well went they built the road, see how it dammed up all the
water, it just came down and it was washing out the road.
Morrow: So let me ask you this is there any access now across this to the
pasture that is between here and the creek?
Cullip: Through the culvert yes.
Morrow: No, my question is your animals don't cross this road to this little bit of
pasture here.
Cullip: No, I have it divided off right now. I am going to be another year without
hay on half of my property because of this whole project that is why I fenced all of
this off so that I can get it to grow before I turn my horses out onto it.
Morrow: Let me rephrase the question, do you use any of the grass between the
edge of this road and the edge of this creek?
Cullip: Right now?
Morrow: Yes
Cullip: I just put the horses out onto it now.
Morrow: Okay so they travel back and forth across this road to this land?
Cullip: Just on the road to this land. This is all separated off, and the only reason
I have them down there is because I just planted the top section which is in one
of those pictures, this top section here I just planted that whole thing. In fact I
have gone through and had to reset all of their posts. This is how they left the
fence, that was their fence job, that is the quality of the work that they have done
on it. I have redone the fence work and stuff. In fact I have gates that you can
grab them and the posts that they are connected to you can just lift them up and
down. So I have to water settle all of those too.
Morrow: Let me ask you this we have a letter here from Masco and I will read a
couple of the paragraphs. It says, "In order to get Rod Cullip to agree that he had
been reimbursed from Masco Inc. we furnished him with seed and fertilizer for his
pasture, he borrowed our backhoe on a couple of Saturdays, he also made use
of our road grader to grade his pasture the way he liked it and we installed a four
inch sewer line for him at no charge. Rod Cullip recently expressed to me within
the last couple of weeks that he felt that he and Masco were even for any
inconvenience caused him by the sewer work we did on his property. If I can
offer any assistance please do not hesitate to call. Doug McMasters, President."
Do you have a comment concerning that position?
Cullip: Well, it is not as far as, you have seen the amount total of what it has cost
me. As far as does it equal out, no. What he is saying is they are not liable for
any of the stuff that happened because we had that discussion (inaudible).
Masco came out at the same time and said that neither of them were at fault for
everything that happened. It was my problem and that is what they both told me.
Because of the horses getting hurt, the different things that I have had to do to
put it back in the original condition. They just up and left the job, they were doing
other work, they couldn't work there because they kept getting water penetration
through there and it would sink their equipment. The reason they left that grader
it was for one day my brother came down from Alaska who is the original owner
and that is what he does is excavation. He used that grader in one day what took
them a week to attempt to do. What he did is leveled it out so the irrigation water
would pass down through the area that they did all the work. Because there
were dips and humps and water wouldn't run right and all of that (inaudible) four
wheeler with a little dozer trying to get it all leveled out with the irrigation coming
through it. I requested for Doug to let me use the backhoe to go down there and
build up a berm because the water was going across the area they did the work
and washing out the road. That was the extent of the work they have done with
the backhoe and with the grader.
Morrow: Did Masco furnish you with seed for the pasture?
Cullip: The seed they left was five bags of fertilizer, about 10 pounds of university
mix and about 30 pounds of another mix, which was not adequate, it was only
enough to do about half. So I went and bought all of the seed and seeded
everything. That was just, they were figuring on 20 or 30 foot path or whatever
they said there but it was actually, I measured it was 90 feet was the disturbed
ground that they had done the work in. That was 450 yards was the total length.
Morrow: I have no more questions.
Corrie: Other members of Council questions?
Rountree: I have a question for counsel, on exhibit C on the packet I have the
last item, item 5, it seems to be a remedy here or at least the conditions that
(inaudible) property would be returned to its current status (inaudible) design
elevation, etc. My question is that the cost of the City or is that to be (inaudible)
contractor?
Crookston: It is kind of hard to tell from this document, it references in I at the
very end, it says as specified by the grantor except as provided in paragraph in
1A, VI. This in exhibit C, the way I read this these are things that must be done
by either the City or the contractor.
Corrie: Mr. Crookston, do we have a contract with the contractor as well that
states that they or us is responsible for that?
Crookston: I haven't looked at it for quite some time Mr. Mayor. In I it says that
the property owner fully understands that sheds, buildings, fences, trees and
other types of improvements cannot be replaced within the permanent easement
as specified in this easement agreement. I guess the question is are the
problems actually in the easement, were they outside of the easement?
Cullip: They had 70 feet that was for the working easement.
Rountree: My other question is this easement is not with these folks but with your
brother apparently. How does that play into this?
Crookston: It would depend upon how the property was transferred from the
previous owner to Mr. Cullip as to whether or not Mr. Cullip took it subject to the
easement agreement, as to what rights Mr. Cullip has. Just on my initial reading
of that it would depend upon where these things happen.
Cullip: We have had the property in our family for 25 years, my mom and dad
had it originally and then my brother bought it from them and then I bought it from
my brother in April of last year.
Crookston: Bruce, you have a comment.
Freckleton: Yes, I just wanted to bring up a point, when we were trying to get this
project closed out which we have been trying to do for quite some time. We sent
a letter to the record owner Mr. Gary Cullip in Alaska, he was the one that
executed the agreement. We sent him a letter explaining to him that Masco was
nearing completion of the project and that we would like for them to respond back
to us with anything that was yet to be completed. We got no response to our
letter, we did follow that letter up with a certified letter that said please respond to
us within X number of days or we will assume that everything is done to your
satisfaction. We got no response to that letter. So, I don't know how that plays
into this.
Cullip: The other letter that he sent, my brother had sent down to me, I had called
Rick Clinton at that time to let him know and he also said in here that he didn't
realize that I was the property owner. On 3-29-95 we all met out at the property
except my brother of course, they were in Alaska. My mom and dad, me and my
wife and with Gary Smith the City Engineer at 1:00 P.M. on Wednesday and we
had discussed that they were going to run the sewer through the middle of the
property and Gary had expressed his concern prior to that they keep it as close
to the creek as possible. At that time I told them that we were in the process of
working out a deal with my brother to buy it and that was in March and that was
prior to this work taking place. When I bought this we bought it in April of 1995
and they had started the work right after that. In fact, maybe it was before that
actually they started the work. It was on March and we got it in April. Because on
March 22, when we bought it I had a mare that had twins and she aborted them
and I just buried them out on a mound out there and a couple of days later they
came in with the dozers and just dug it all up. That is what this whole thing that
is how it started.
Crookston: Where you buried them was that within the easement?
Cullip: It was up above the easement, but like I said they went more than 70 feet,
they took a whole section out because they needed a place to pile all of the dirt
so they could do all the work. Then they used my driveway as a staging area.
Bentley: Mr. Mayor, Bruce, do we have any feel of the pre -construction site? Do
we have any videotape of the pre -construction site?
Freckleton: We video taped the entire corridor of the project prior to construction
yes.
Bentley: Have they been reviewed?
Freckleton: I don't know, I could find out. Gary Smith and Rick Clinton and Tim
Elliott have pretty much handled that project. Tim being our on site inspector.
Bentley: Mr. Cullip, I have a question for you, the four inch sewer line that they
placed on your property free of charge what do you expect the worth of that is,
the value of that?
Cullip: He sent me a bill for $350.
Bentley: Are you currently hooked up to that?
Cullip: No I am not and it is only half way, it is not over to my septic it is only half
way out to the driveway.
Crookston: You are not talking about connecting your septic to the sewer are
you?
Cullip: No, but right at the septic is where they had it and then run it over to the
sewer when they connect up. No, not by any means. That is why I am here to
request to be connected to the sewer.
Crookston: I just have one comment in our sewer and water bonds we have a
restriction against granting any free connections.
Cullip: I am not asking for a free connection. I am just asking for a trade out.
Crookston: That is what I am saying, if it is the Council's desire to do this you
need to characterize it as because this has occurred that the City recognizes that
it has an obligation if it does. I am not saying that the City does in any fashion but
if the City decided that then that needs to be set forth that is payment for the
sewer connection because you cannot grant it without payment for the
connection. I would like to look at the document again, the easement it is rather
difficult to do it, I didn't read it but it is rather difficult to give any kind of
interpretation until you look at it more substantially.
Freckleton: Mr. Mayor and members of the Council I did want to bring one other
point to your attention, the service line stub that was brought off of the trunk line
toward Mr. Cullip's property was not part of the original plan set as approved.
This was a later added stub the City issued a change order for this at the request
of Mr. Cullip as I understand it. We did get billed $1020 for that stub and typically
it has been customary in the past that cost is passed onto whoever is hooking up.
So, that should probably be taken into consideration when you are considering
the cost of connection here.
Cullip: When I asked about that being hooked up they said that I was not going to
get charged for that, that they would provide it to the easement and then I would
have to pay from the easement to my property.
Rountree: Apparently that is the case, the City got billed for it is that correct
Bruce?
Freckleton: Yes, we got the bill for the connection off of the trunk line. Who was
it that told you you wouldn't be charged for that?
Cullip: Rick or Tim I am not sure which one was out there when they were doing
it. I think it was probably Tim, I didn't see Rick very often.
Rountree: Bruce, has this project been finalized?
Freckleton: No it has not.
Rountree: So there is still remedy for an existing situation out there that may not
be correct?
Cullip: And to bring up something else too, when I received
Rountree: Excuse me Mr. Cullip, Bruce?
Freckleton: Remedies for the current situations, we would like to get this thing
put to bed. We feel like we have done quite a bit on this particular site trying to
get this resolved. I don't know if that answers your question or not.
Rountree: Well (inaudible) but there is (inaudible) property would be returned to
the similar state that it was prior to construction. That has not been done and
that needs to be done. If it has been done then the remedy is there. Some of
these other problems with respect to the contractor and animals I am not sure
that the easement addressed that nor (inaudible).
Freckleton: I think the issue with the confusion over who we are dealing with has
been therefor quite sometime. Our records, the Ada County Recorders office
and the Assessors Office still list Mr. Cullip as the record owner of the property,
they hold the easement, we dealt with them to secure the easement. We felt like
they are the player in the game.
Bentley: Mr. Mayor, I would be willing to make a motion that we table this for the
next meeting and in the interim have staff review the preconstruction tape to get
their input back on the site inspection and then get the input from counsel.
Rountree: Second
Corrie: Motion is made by Mr. Bentley, second by Mr. Rountree that this be
tabled request for sewer hook up until May 7 with staff input, any further
discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: Rod what we will do is get some more staff input on this one and get back
on the 7th if you would like to come to that meeting we will get in contact with
you.
ITEM #15: AVEST LIMITED PARTNERSHIP: AVEST PLAZA
LANDSCAPING:
Corrie: They are asking for relief in completing the landscaping, irrigation system
along the frontage until after the opening of Fred Meyer, two retail buildings of
lots 2 and 5. Council, I guess they are setting up for your questions.
Durken: For the record I am Larry Durken, I am the developer of record for the
project. There are really three areas that we would like to talk to you tonight
about and go over as detailed or as briefly as you desire. But this, the first area is
the landscaping north of the loop road. Everyone is familiar I think with the site
and the condition of where we are. You are aware now that the Highway District
is doing a substantial amount of work here. That has caused us some delays,
we have been ready, willing and able to go forward for some time but the scope
of work for the contact there was a lot of negotiations between the City of
Meridian and ACHD that delayed their start and delayed, limited our ability to
complete some of the work that we are obligated to do under a separate
agreement with the City. I would like to talk about that, the landscaping in front of
Lot 7 which is the Chevron parcel. I would just like to talk about the precise timing
of that portion of the project. Then the final completion of the perimeter (End of
Tape) only because of the delay in the commencement of the ACHD work. So,
the first thing that I would like to ask you that the property north of the loop road
we are, what we would like to do is berm that with top soil, smooth it off, finish it
off nicely but delay the landscape planting of that berm until we have completed
the planning for that portion of the project. We are under construction now, the
storage is under construction now with the mini storage in the northeast corner of
the project and this is going to be a later phase going over towards Locust Grove
so what we would like to do is delay the tree planting of bushes along that berm
and go ahead and, we will finish the berm off nicely of course with the
development agreement. We are continuing to leave dirt along in this area, I
remember Mr. Bryan, his first name escapes me, we are leaving the top soil over
in that area to screen his house. So that is the first request that we had. The
(inaudible) put another plan up real quickly. The Chevron station has been in for
buildings permits for some time and I expect the permit to be available if it hasn't
been issued (inaudible) it is any day that it will be issued. As soon as it is issued
he will begin construction of the improvements for the building and the parking
area. What I suspect is going to happen is the landscaping berm in front of
Chevron which is tied to our overall development agreement for the overall
project that is not going to be completed when the shopping center is ready to
open in June. So what we would like to do is ask you to tie the completion of the
perimeter landscaping in front of Lot 7 directly to the occupancy permit for the
Chevron. Which we expect that to be probably around September that he would
be open and that portion would be completed. We have just been unable to work
in that area because of the delay with the ACHD project. If any of you aren't
familiar with that, when we negotiated the development agreement with the City
and we obtained all of our ACHD approvals the scope of work for the ACHD
project was quite small. That ACHD had some future plans that they decided to
move ahead and City had some desires and things that they wanted to have
happen in the area with drainage an things that aren't related to our center. So
they drastically increased the scope of the project. In doing so it delayed the start
of it because of the design and the negotiations with the City and it really isn't a
reflection on our performance it is not anything that we have had control of. So,
our second request is going to be to delay the completion of this berm, most of
the top soil for that berm is in place right now, but it is just the irrigation and other
things because of the ACHD work we would like to delay that until September.
Several months ago we were here for, we had a similar discussion relative to the
McDonald's. As you know the McDonald's is open. We bonded for the work
along this parcel because we were unable to, at that meeting the design and the
negotiations between the City of Meridian and ACHD weren't completed. So we
wanted permission to open McDonald's without having that landscaping finished
and we did bond around it. We have two other buildings under construction right
now, parcel two, and parcel five in the southeast corner of the shopping
center portion. We have about seven small tenants going into those buildings
and the improvements for their stores and shops and different things that are
underway right now. According to the contract with the site contractor and
according to the ACHD schedule we expect to be able to finish that perimeter
landscaping along Locust Grove and Fairview approximately by mid-June. That
will coincide with the occupancy permit for the Fred Meyers store and also
coincide with their grand opening. However we would like to open some of our
small shop people would like to open on their buildings earlier than that. They
will be finished, I wouldn't say all of them but I think it is fair to say that more than
half of the small shops would like to open. The development agreement requires
an occupancy permit it limits an occupancy permit from being granted unless all
of the work within the development agreement is completed. So what I am
asking you for tonight is some relief, I don't have precise, I can be precise on the
end date for that work would be mid-June but we would like you to consider
allowing some of these small tenants the TCBY and the dry cleaners and some
of those people to open prior to the completion of the work on Fairview and
Locust Grove. And again I just want to emphasize that the reason is that work is
not or will not be completed any day is only because of the ACHD delays and
(inaudible) we were not party to any of the delays. I would be happy to answer
questions.
Corrie: Questions from Council?
Rountree: Did I understand you correctly, that you anticipate completion of the
perimeter landscaping by mid-June?
Durken: Yes, but specifically we anticipate the perimeter landscaping by mid-
June on the shopping center portion. (Inaudible) This, the berm work and top
soil and everything is in place all along here. The irrigation system is in place,
we have just been advised by the contractor that it would be irresponsible to do
the planting and seeding and sodding and everything else until this work is
finished otherwise they would have to put it in and then the ACHD contractor
would have to come back in two weeks and replace it. So the final completion of
this work is the work specifically that we would like to delay until mid-June and
that would, this portion down in front of lot 7 which is the Chevron that is the
portion that we would like to delay until September. The reason is we are, we
would like to coordinate the completion of that the finishing of that with the
completion and finishing of the Chevron store.
Rountree: (Inaudible) you indicate indefinite (inaudible)
Durken: I want to clarify indefinite because I am not asking for indefinite. I would
like to ask you specifically, we would like to delay the finish work, I am not
dealing in the berm work, the berm is partially installed right now and will be
finished and we would like to delay the planting along that berm for a year. That
is primarily because of the phase of the work the availability of water, the
availability of water to maintain the plantings that we would put on that between
now and a year. So this is the portion that we would like to delay for that period of
time and we would be happy to bond for that portion for the completion of the
irrigation system and the plantings. We have not been able to put in the irrigation
system to date because of the unknowns and where the water lines are going to
be and what is going on with ACHD that wasn't resolved until just several weeks
ago.
Rountree: (Inaudible)
Durken: And that, we are not asking for any relief there. The only thing I am
talking to you tonight about is the finish landscaping.
Rountree: (Inaudible) affects the landscaping (inaudible)
Durken: No, most of that is being done and that is not (inaudible).
Tolsma: (Inaudible) maintenance of that as far as weeds and (inaudible)
Durken: We are, it has been a grass deal for a long time but we will mow it and
take care of it like we will the rest of the field. There will be a portion in this area,
right now we are doing the mini storage in this area right here and there will be a
fairly substantial field area that we will maintain. It is not unlike the South Shore
shopping center that we have in southeast Boise. We had a large field area
behind that, we had charitable organizations pick up the litter four times a year
and we make a contribution to them and we mow when necessary. We have the
Boy Scouts and the marching band and those type of people maintain it.
Tolsma: (Inaudible) they want to coordinate their berm along with the rest of the
berm on Fairview?
Durken: Actually we are responsible for that, it isn't Chevron doing the berm. But
with the ACHD work that is going on there we cannot start that finish work until
probably mid June and right at that, mid-June there will be a substantial amount
of work with the Chevron going on as soon as ACHD is finished right on the other
side of the parking lot. So what we would like to do is delay the final completion
of the plantings on that section and coordinate that with the opening of the
Chevron or September 1 st which ever would occur first.
Bentley: What do you propose to do to control (inaudible) for a year, what are
you going to propose to protect the neighbors from the dust, the weeds?
Durken: Well, we are going to seed it, we seed it down and mow it. We have a
real similar very similar situation in Southeast Boise behind the Albertson Kmart
center, I don't know if you are familiar with that in that area where we have, that
is where the idea of storing the top soil came from here and we have a large
about 30,000 yards of top soil stored there and we have been there three years
and we are now under the same situation that we are here as far as we are just
delaying the final development there and that is fine with the neighbors and
everyone is happy. It hasn't been any trouble with the way we take care of it
there hasn't been any trouble with the dust or weeds or whatever. In three years
haven't had a complaint about that. We had a few calls on litter and we are on a
real set program set up.
Bentley: If you are going to seed it how you are going to water it?
Durken: Well what grows, it is just (inaudible).
Bentley: I don't know if the neighbors are going to enjoy looking at dandy lions
and weeds sprouting up and blowing into their yards with the seeds.
Durken: That is, as far as the open field area, (inaudible) that has been our
intention to do that all along. But it is our intention to finish this landscape berm
along there but we would like to coincide that with completion of that that the
development of that portion as far as the finish work on that is concerned.
Rountree: When last I looked there was a fairly sizable amount of dirt out there,
you keep talking about this flat field you are going to seed and mow, is that going
to be removed, is that going to be spread out.
Durken: It is in our contracts, it is in our permit plans, everything that we have the
City that is, where it actually, we are leaving some along this property line as
(inaudible).
Rountree: Is there a time certain on that though? (Inaudible)
Durken: We have a contract with the site contractor and that is in his contract to
remove that. Technically it is supposed to be out by mid-June and that is by the
grand opening of Fred Meyers.
Morrow: Mr. Mayor, let me ask you this, why don't you just bond and go for
temporary occupancies on these three areas?
Durken: Well, that is not an unusual suggestion but the shopping center area the
delays are not they are absolutely not our fault. We started the shopping center
when we planned on it, the City had our schedule. Our schedule is in the
development agreement, ACHD had our schedule and ACHD put the brakes on
the off site work because of discussions and negotiations that they were having
with the City and that happened after we were under construction. And so it puts
a burden on us, a bond is only to assure you that we are going to perform and I
think that you as a City should have a high level of comfort that we are
performing, we have performed and we are continuing to perform. For us to
bond around the work when it was delayed as a result of the City and ACHD's
negotiations I am not saying that either of your were wrong but it was not caused
by any delay on our part whatsoever. It could be argued that there was some
delay due to weather but not enough to make the difference so I don't think that it
is fair to require us to bond under those circumstances. The Chevron section if
you tie that finish work into the occupancy permit for the Chevron it gives you,
there is a million dollars worth of improvements going on at that one lot and that
if they can't be occupied until the finish landscaping is done I think that should be
sufficient assurance to the City to be finished. Again that would and could be
finished by today very easily. But the reason it isn't it is due to the delay with
ACHD and the City. By the time we are out of that delay period it is real
uncomfortable time to be seeding and sodding, planting $800 trees and then
digging a hole on the other side of it. So the delay caused by the City and County
has gone into our schedule. But I think a bond is to give you assurance that
something is going to occur and if it doesn't then you will have the ability to step
in and finish it. By tying it to the occupancy permit for the Chevron I think that
you are protected. This perimeter work in the shopping center is all tied into the
occupancy of the Fred Meyer store which is a $15 million store and if the trees
aren't planted and the grass isn't planted they can't open their store. I think you
have enough assurance there that work is going to occur. This is the area that is
in question, we are asking you to delay it but I just thought while we were here it
would be a good time to bring up the other matters. But I don't think it is
necessary and I don't think it is fair to ask us to bond for the shopping center
portion.
Morrow: Let me ask you this question, the only area that was in dispute between
the City of Meridian and ACHD was essentially from the loop road to the northern
property line. It was my understanding that originally that work for the rest was to
be done by you.
Durken: Councilman Morrow to give you an idea in dollars the scope, the scope
went from $53,000 to about $460,000 and so that is a tremendous difference.
The County delayed (inaudible) in the design work until they had the matters
worked out with the City. So none of the design work could be started by the
engineering firm until the issues with the City were resolved and they were more
issues than this. I don't know the specifics but I know there was something to do
with drainage and underground irrigation work along Fairview Avenue that there
were substantial meetings on that. That had nothing to do with our project or our
work.
Morrow: I am not aware that those issues had anything to do with us either. The
only issue that I am aware of with ACHD was the question of the road alignment
from the loop road to the north property line.
Durken: I think you are aware of when that was completed. They would not allow
any design on any portion of the Ada County Highway District work much less
any work until the entire thing was done. We tried and tried and they said we
can't do anything until we get together with the City of Meridian and so I don't
know who exactly the dealt with here but I know they were, the day that was
finished it was a design started that day and we have been working as fast as we
possibly can. This wasn't a delay caused by us.
Morrow: I have some questions with staff after we are done.
Corrie: Other questions with Mr. Durken? Thank you Larry, questions of staff?
Morrow: Yes, Shari, comments with respect to this issue?
Stiles: Councilman Morrow, Mayor and Council, I believe it was Mr. Bauens that
called and asked about this loop road issue. There was no date, the landscaping
north of the loop road they just wanted it to be indefinitely until they completed
their plans for that lot. The development agreement specifically stated that all
landscaping, all other improvements would be in place prior to any occupancy on
the entire development. Those included improvements through Don Bryan's
property. I wouldn't have any problem I guess particularly with the Chevron
portion. However if you want to delay these improvements going to the loop road
I will be handing out your number.
Morrow: Delaying the improvements on the portion north of the loop road.
Stiles: Yes
Corrie: Council, this is the Council's meeting but I am still concerned with
Bentley's question about you put the berm up there and there is no water you are
going to get a lot of problems there. I don't know how that is going to come
around. (Inaudible) Durken: There has been a lot of spontaneous
growth on the piles just from the weeds and grasses that are in the dirt and they
will grow. Our pile that is out there in Boise we don't sprinkle anything, it
(inaudible) grasses and weeds and whatever sprouts up out of it. It
holds the soil in place for dust control. We don't irrigate it at all. Bentley:
That is the problem that it is going to create weeds and blow into the neighbors
yards. Tolsma: (Inaudible) Durken: We haven't pursued that no.
Tolsma: (Inaudible), it is not a high growing grass but it is (inaudible)
Durken: Something that could be pursued, we will have to investigate that.
Actually we have talked to a couple of the neighbors and they were fine with it.
There is a meeting with the neighbors that we are working on scheduling now
that the people that live directly across the street you probably remember that we
are placing dirt on their side of the road and giving them money for their
landscaping and we are coordinating that with them right now. I would be happy
to have someone from the City at that meeting so that they could give their input.
Keep in mind we are talking specifically about the berm area. There is going to
be a very large open field that isn't going to be, we are going to grade it down
and seed it but it is not going to be irrigated so what we are talking about is the
35 foot berm section only. It is a (inaudible). Morrow: One further question,
what is the estimated value of the areas that would not be landscaped, not the
dirt work just for the landscaping. Durken: In that portion? Morrow: In
all portions? Durken: I would have to get a complete break down and work
with staff on that, I don't have that right now. Actually Councilman Morrow I do
have, a lot of it will be completed it depends on where we are on that particular
day. Where we are on June 15th. So it is kind of a moving target. Morrow:
understand that you have some small shops that wish to open prior to that.
Durken: Right and I have a contract and it is specifically broken down how we
can. Morrow: I would like to know those amounts of monies that are
actually for the landscaping, approximate. I
(Inaudible) Durken: On the McDonalds we used I think it was about $5,000
for that, that was the bond for that specific parcel. Morrow: The bond was
for $5,000. Durken: It was right in that, it might have been $4,700 or $5,300
but it was right at that. Morrow: Approximate is fine enough, and what was
the cost of the bond? Durken: Well we just put up the cash, we deposited
a CD with the City. Morrow: Could you not bond for a percentage of
value? Durken: We could Morrow: Typically those run 1 to 10%
depending on the type of bond. Durken: It depends on the circumstances
but it is a lot, it is a real hassle for the time that we are talking about. It is a real
burden for us to go through that, they have to send an underwriter out and it is
quite a bit, we typically don't do it that way. Morrow: Why wouldn't, is it a
lot different than a normal performance bond as in the case of a construction
project? Durken: Yes, it is a different procedure that is gone through.
Morrow: In what manner? Durken: Well, for this type of a bond they are
looking for with a construction company you have a payment and a performance
bond and the contract in place with between the owner and the contractor and
the City with the kind of bond that you are talking about that we are bringing in, it
would be a bond between us and the City and there is not an experienced person
contractor in the middle of it so it makes it a little more difficult. We found that it is
really easier to put up the cash. I really want to stress to you that the shopping
center work is with the bond that you are asking for, we are talking about, it is
really assuring that the work is going to be finished. I think that you should have
all the comfort that this work is going along and being done. Morrow: Let
me comment on that for just a minute, it is kind of an editorial type of thing.
But the issue and to be very candid with you, since my time on the Council the
Avest proposal has been the class act of all the proposals that I have heard.
Having said that the issue here really is that one of the major frustrations of
government from my perspective in the private sector is that you can neither
punish bad or reward good. If in a sense you have to be blind and so the
procedure for requiring bonds for whatever is not a reflection upon either you
personally or all the players that are part of Avest. It is a situation where as a City
sure we are getting a great rapport we are getting a great projects, things are
being well done but we also still have to be blind to that. I can see what you are
saying but I want you to understand also from our perspective the things that we
have to address. Durken: I can appreciate that but I think that the idea
with the bond is to provide the City a Hammer and make sure that the work gets
finished and the scope of what we are planning on opening prior to this
completion is minute compared to the amount that is going to open around the
15th of June. So your control is we are going to have a 1000 square foot dry
cleaning store and then we are going to have a 1000 square foot yogurt shop
open. We are going to have a mail box store and a beauty salon but we have
172,000 square foot store with $10 million worth of inventory sitting there that
can't be opened and I think that when you look at your power and control you
can't be blind to that. On the other hand to put the burden on us of a $15 or $20
million bond that is a result of delays that have been caused by the municipalities
negotiating and discussing things with themselves where we haven't been a
player or a party and we haven't had any control over it. You are punishing us
for that delay and you are not giving yourself any additional leverage over us
when you get the scope. Morrow: Where does the $15 to $20 million fit in?
Durken: Well if you were to say that there are 3 different buildings (inaudible) $15
to $20 thousand not $15 to $20 million in bonding. But we already have $5,000 in
cash and a CD with the City. We have two other buildings. So if you were to say
well we will put $5,000 on each of those we have $15,000 in cash bonded with
the City to get this work finished. Yet you have a $15 million discount store and
grocery store that can't open until the work is finished. I am not asking for any
relief in that area, we are only asking for a relief in a small shop, that some of the
small shops can open prior to the final landscaping being finished on the
perimeter. Does that make sense? Morrow: I understand. Corrie:
Any further comments? Thank you Larry. Counselor? Crookston: I was just
stating that for this change that there would need to be a change in the
development agreement also. Well basically the development agreement says
that
there will be no occupancies until the landscaping and those kinds of things are
done. Morrow: So, what you are suggesting is that even if we ask for a
bond or however we chose to discuss this we would still have to discuss the
development agreement to get it accomplished. Crookston: I think you
need to have something to say that development agreement is altered. It may be
a half paragraph statement but it needs to be done. Tolsma: (Inaudible)
Crookston: Is that how you see that Shari? Stiles: That is why they
approached us before on the McDonalds, because technically according to the
development agreement they wouldn't have even been able to get occupancy on
McDonald's. Crookston: That is correct. Morrow: So did we do a
paragraph with the development agreement concerning McDonald's?
Stiles: No we didn't. Morrow: We did not, we just bonded. Stiles:
Correct. Durken: I think, I do not have a copy of that development
agreement but it clearly states in there that we can't have occupancy until all of
the work is finished unless it is approved by you. So I don't think we need to go
through a formal amendment procedure. This body has the Crookston: That
could very well be I haven't read it probably for (inaudible). Durken: The
first development agreement that you did of its type but I have read it more
recently. There is a remedy and it is just, we don't have to go through the
amendment procedure, we have to get approval from this group.
Crookston: Could be. I
Corrie: So Council in other words we can either ask for a bond or go ahead and
let them do the request on the occupancy before (inaudible) and the Council can
make that decision one way or another. Crookston: Well we need to see
what the development agreement says before you decide that you can do it.
Corrie: So the other one the occupancy at McDonald's was done with a bond.
Crookston: That is my understanding. Morrow: Larry, when are these
other stores projected to open (inaudible). Durken: Unfortunately they are in
two different buildings too but I think we are looking at (inaudible) Corrie:
So it is approximately four (inaudible) Durken: I am not allowed to tell you
the precise opening date for Fred Meyer (inaudible) it is very close to 15 days.
Morrow: Mr. Mayor, what I would suggest here is that there are some gray areas
that need to be ironed out. Our next meeting is on the 7th and so let's iron out the
stuff and address the issues and (inaudible) that is my suggestion for discussion.
Rountree: The ironing out would be to find out what the development agreement
allows us to approve such a request without amending the development
agreement. Morrow: I think there is that I think there is Mr. Bentley's point in
terms of grasses and so on and so forth. I am sensitive to dandy lion seeds
blowing around and that type of issue. Mr. Tolsma's suggestion about some of
those grasses that are used by BLM that are essentially low moisture grasses is
a good point. I think in my own mind I need to think about the stuff particularly
north of the loop road. I am not comfortable making a decision at the present
time about that, the area north of the loop road. Rountree: My opinion on
that is that it needs to be done. I think that was an issue that has been brought
up in public hearings with the residents, I think there have been commitments
made that it will be done as part of this development. I think the understanding is
that it will be done with the initial phases of the development. I would like to see it
done as soon as they can with the completion of ACHD's work and that is once
they establish curb, gutter and sidewalk grade or complete the curb, gutter and
sidewalk.
Then they can go ahead and berm and landscape. Bentley: I would agree
with that. Morrow: Let me ask you this does the landscaping have to be
complete on the berm, can it be the top of the berm. Rountree: It can go
from back of sidewalk to the crest of the berm. That is something to buffer that
vacant lot because we don't have any assurances when that is going to be
developed. That is my thought on it. Corrie: I guess we have the point
here you have to make a decision (inaudible). Weber: My name is Kathleen
Weber I am with Avest Limited Partnership. Mr. Mayor and members of the
Council I have been here since the beginning too and I have listened to all of the
neighbors and I have walked the neighborhoods. On the north 400 feet of the
loop, up to the north of the loop road that we are talking about whether we need
to have the landscaping done there. There is only one neighbor across from that
area. We have, this is impromptu but I have a (inaudible) that I would like to
share with you. From this area right here we have one neighbor who's house is
approximately right here. They have a loop driveway, they have large bushes in
front of their house. This right here is a vacant lot where the person has some
landscaping trees and things, he has a business right here and this is a house
that is owned by the Borders who own this vacant lot. So this neighbor is the only
one who is directly impacted by not landscaping right here. Like I said there are
big large bushes in front of his house. There is an empty house on this side of
this house and it is all weeds. As a matter of fact within about 100 feet of his back
yard is all kind of weedy type grass. The other reason why we don't want to go
ahead and put in big large berms and everything is we don't know what kind of
tenant we may have that wants to be in here so we would just have to tear all of
that out. Also, there are, my other point was, this entire 40 acres as you all know
before 2 years from now, since 3 years ago was an alfalfa field that was plowed
and there was dust and there were weeds and everything that went into these
peoples yards. So I am not sure that there is going to be a huge impact on this
part not being completely landscaped other than just a berm that has some
things that grow on it. Bentley: The part of the problem you have with that
is you have the traffic on the road, the other neighbors surrounding there that will
be driving by this weed infested hill and as Shari stated the phone is going to ring
off the hook. Weber: I know the neighbors out at South Shore are very
prestigious neighbor in there in the South Shore Subdivision and the Pier Point
Subdivision with the way that we maintain
our property I don't believe that there has been any complaint but there is about
a 400 foot section along that road that those neighbors drive by everyday. But
you need to decide what is best for Meridian and I wanted to give you my input.
Thank you for your time. Corrie: Council, what is your pleasure?
Morrow: My pleasure would be to table to May 7th. Corrie: Is that a motion?
Morrow: So moved Rountree: Second Corrie: Moved by Mr. Morrow,
second by Mr. Rountree that we table this until the May 7th meeting, any further
discussion? Crookston: I just have a question, do you want the staff to
work on the things that were previously mentioned. Morrow: That is the
reason for the tabling. Corrie: I think that is the reason for the tabling Mr.
Crookston. Crookston: Well that wasn't in the motion. Corrie: We
have a motion by Mr. Morrow, second by Mr. Rountree that we table until May
7th to have the attorney and staff look into the questions that were raised in the
testimony tonight, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea ITEM #16: TIME EXTENSION ON FINAL
PLAT FOR ASHFORD GREENS SUBDIVISION: Morrow: Mr. Mayor, I
would move based on the letter that we received from Julie Keene that we grant
a one year extension to the Brighton Corporation for the final plat extension on
Ashford Greens Subdivision. Rountree: Second Corrie: Motion made
by Mr. Morrow, second by Mr. Rountree that we extend the final plat
extension for one year for Ashford Greens Subdivision, any further discussion?
All those in favor? Opposed? MOTION CARRIED: All Yea Stiles:
Excuse me Mr. Mayor and Council I would just like some clarification on this, we
do have a non -development agreement on this but I was wondering if Council
could advise what a non -development agreement is for if the plat has not been
recorded. What does that do? (End of Tape) I thought there was a non -
development agreement, as the final plat was approved in January of 1995.
Crookston: There was a non -development agreement on Bedford. Stiles:
Sorry, never mind. I would like that extension to be to a date certain though, if it
is one year then it is January 17, 1997 that they would be required to have that
plat recorded? Morrow: Is that when it expired? Stiles: It expired back
in January. Morrow: So historically it has been one year from the point of
expiration. Corrie: So that is January 1997. ITEM #17: SANITATION
SERVICES INC: DISCUSSION OF PRESENT CONTRACT: Corrie: Mr.
Alidjani? Alidjani: Mr. Mayor and gentlemen Council as I recall number 1 1
want to thank you for your time, two we had a discussion in regard of some
numbers, you see on the third page in regard of purchase (inaudible) leasing.
Page 1 and 2 are self explanatory, if there are any questions or if we want to go
line by line, paragraph for paragraph or however you wish and desire we can
handle these new numbers and figures that I brought for you. Morrow: Let
me ask you this Mr. Alidjani, your comment is in the first paragraph is extended
for five years, is that five years from 1999 to 2004 or for a total of 5 years from
today's date? Alidjani: Councilman Morrow, as we discussed original
request was to the year 2004 my request is still the same. If you go to the
second page on the first page and second page
you will see things that we provide here that is definitely in the best interest of
the City and its citizens. And also Sanitary Services Inc. the things that Sanitary
Services Inc. is involved with the City with the community (inaudible) everything
that happens with the City we are there. We are (inaudible) we are the only ones
that have seven days a week service, as a phone call if there is an emergency I
am always available. There are things that we do that other towns do not, a lot of
companies do not for their town. Also I have put together 2 or 3 other items such
as a recycling oil and tires because we are having a problem, the City is having a
problem some of our alleys have illegal dumping that we (inaudible). There are
certain items that nobody wants to deal with it and we are willing to take care of
it. But to answer your question (inaudible) same way it was needless to say if you
go through the lines it is also our understanding it is your choice to keep the
contract as it is for 3 1/2 years from now and put it up for bids. Our request has
not changed. Rountree: With the rate increase a non -extension of the
contract from the 3 1/2 years the current expiration date to the five years you are
asking for. Would the rate increase be sufficient for you to obtain the equipment
necessary to handle the expected growth? Alidjani: No sir it is not, if you
look at the last page, page 3, you will see a significant difference on a 3 years
purchase or lease versus five years purchase or lease. As the growth we have
also there is an explanation at the bottom of page 2 for the number of the homes
that have been in town right now average between 700 and 1000 (inaudible). So
regardless of how we look at it this vicious circle is going to stay as it is and
where it is unless the growth slows down somewhat. So the answer to your
question, I don't believe that would be adequate the 3 1/2 years for a new fleet.
As we discussed in the past the oldest truck we have is only five years old. I
would like to keep it that way. Rountree: What would the requested rate
increase have to be in order for you to accommodate the expected growth and
still maintain the level of service with your correct contract for 3 1/2 years?
Alidjani: Unfortunately I did not look into that question was never raised.
(Inaudible) I have to go back to my CPA and put in all those numbers together
one more time. That never was raised I don't know. Rountree: When last
we spoke you indicated you might be able to accommodate the demands being
placed on you with the growth with used equipment. I assumed that by that you
could take care of that with the rate increase that you are talking about.
Alidjani: Councilman Rountree we will do what is necessary to get the job done.
But a long time ago when I was here the desire of the Council was a different
kind of fleet, a different kind of service and putting it all together it takes planning
and I have (inaudible)
and this is where we are today with the new fleet. If you want to go back the
other way I guess that is your choice. I don't wish to let that happen.
Morrow: Mr. Mayor, I have a question, on item 4, 1 am sorry, item 5, paragraph B,
page 2, it says with the continuation of the current growth in the City of between
1000 and 1100 homes per year SSI anticipates the need to purchase one
additional new truck per year during the entire term of the contract to service its
residential customers. I guess my question there is by virtue of that comment and
the five year time frame it takes to finance one new truck how do you finance
trucks purchased when in year 2000 or 2001, 2002, 2003, 2004? Alidjani:
Hopefully the increase that you have given me at this point would be adequate to
have enough savings to purchase those. That is what I am looking at Councilman
Morrow, also this is just an assumption on our side that 1000 to 1100 homes. As
the last 17, 16 years that I have been in this profession that has not been true.
Since 3 years ago or 4 this has just started. It was a time that we could go for 3
or 4 years with the same numbers of equipment not necessarily the quality of
equipment but the numbers of equipment and we didn't need additional trucks
(inaudible) Morrow: I have one additional question with the proposal that
you are talking about it is $7.20 per month that includes you taking care of the bill
from the landfill. In this comparison chart that we have here before us from last
time it is noted that Boise City through BFI charges $7.95 is that $7.95 plus the
amount of Boise City pays for the landfill? Alidjani: The way I understand
their system Councilman Morrow is if we call the 6% collection fee that I pay to
the City of Meridian at franchise fee, after the (inaudible) they have a franchise
fee I believe that number is 18 or 19% instead of 6%. That was including the
billing, also was included in the landfill bill. Now, what I hear on the phone talking
to the City of Boise the lady called me also BFI that has not been balancing on
the scale. Because they also pay somewhere around 20% maybe more or
maybe less of their landfill bill. That has become an issue and a problem
(inaudible) because they are not even (inaudible) but what they are doing for the
BFI. Morrow: So the amount of money that Boise City pays in terms of the
land fill bill is included in the $7.95 that is charged? Alidjani: Yes and no,
again, back to the franchise fee, they charge $7.90, BFI charges residents a
$7.90 and then they do have within that $7.90 they would pay there so many
percentage for the franchise fee. In that franchise fee is where the landfill money
comes from. I
Morrow: But the franchise fee is part of the $7.95 then. In our case the franchise
fee if that is what it is is part of the $7.20. Alidjani: Yes sir Morrow: We
deduct Alidjani: It has been it will be. Morrow: We deduct 6% for
processing charges. Alidjani: According to my contract with the City the City
will charge 6% of my gross per month. Morrow: That is correct and my
question is with Boise City is that franchise or whatever it is part of the $7.95 like
it is in Meridian. Alidjani: I don't know that. Morrow: Okay
Freeman: (Inaudible) Mr Mayor Councilman Morrow it is my understanding from
speaking with representatives from BFI that as indicated in the hand out that the
charges of the City of Boise and Ada County does not include (inaudible) pay in
addition to that amount. That is my understanding. Morrow: So the true fair
comparison of the rates between here and Ada County and Boise City is not to
compare the $7.20 to $8.75 in Ada County's sake or $7.95 in Boise City's sake
but yet in fact a number higher than that. Freeman: That was my intent by
highlighting those. They are difficult (inaudible) pay the municipal fees, the
landfill fees excuse me on top of that. Morrow: Thank you, I have no more
questions Mr. Mayor. Corrie: Council, any further questions? Anything
else Moe that you want to (inaudible). Morrow: Mr. Mayor to start the
discussion I don't have a problem with the rate to $7.20 1 think the comparison is
in terms of our citizens and Sanitary Services is more than fair compared to the
other cities within the area. So I think that is a fair price for the service rendered.
Certainly Mr. Alidjani is a great corporate citizen of the City of Meridian. So I
don't have a problem with either one of those things. The issue with respect to
the lease time I would like to hear what everybody else thinks in terms of that. I
guess we are being
asked to do three things here. We have to address the rate, the lease and at
some point we have to address the issue that we have talked whether we charge
unoccupied spec houses. But I don't see that as being part of this issue tonight
before us. Rountree: I think the rates are more than reasonable. I am
concerned about the extension of the lease because of the difficulties we have
had with some long terms leases in the City. That is not a reflection on Sanitary
Services Inc. just the fact that it has been around for a number of years. I think
that we need to have an opportunity to have that lease come to an end and go on
with rebidding it. I understand SSI's concern with that situation but if what we are
doing now is just perpetuating that at some point in time it is going to happen
whether it is 3 1/2 years from now or 5 years from now. It is going to happen and
it is going to have to be dealt with. I just think that if we live to the terms of the
agreement that we have now and work through that in 3 1/2 years.
Morrow: Let me ask you this in view of that maybe we approach this from a split
angle, maybe we say okay we are fine with the rate increase and let's move to
implement that immediately and maybe we hold a public hearing on whether we
extend the lease. If the general public is satisfied with the service we have given
them an opportunity to validate the concept of a new lease so to speak and if
there is not from their standpoint if they are satisfied with the service then we can
grant an extension beyond the term that it is now. And that becomes an
opportunity for the public to have their input. Which would be comparable to a
competitive bid situation at year 3 1/2 or whatever. Rountree: I have no
problem with that as long as it is in the public forum. In terms of the extension
maybe more than five years in that situation. Morrow: You mean like a
five and five? Rountree: I don't know but I think I like your idea of let's make
a public hearing approach on this issue and get it out there and see what they
have to say. I am not comfortable without that extending the current contract. I
am very comfortable with the proposed rate increase. Bentley: I too see
no problem with the rate increase as I stated at the previous meeting when I
asked Moe how he would need that set up to be on a competitive bid level
playing field and i stated then that I would not oppose say a two year extension to
get him the five year term he needs to establish leases and purchasing for his
additional equipment that he says he is going to need to be on a competitive
basis. But I also feel too is as my colleagues here pointed out that an open
forum to discuss an extension might be
appropriate might sit a little well with the public. Tolsma: I have a conflict
of interest on this, I do a lot of things for (inaudible) Morrow: Wait a minute,
we haven't let him off the hook. Corrie: It is your decision guys.
Morrow: Well no, he has to ask us if we perceive that to be a conflict and if we
don't perceive that to be a conflict then you are in. Crookston: No, he can
still back out. Corrie: I guess if there isn't any further discussion we will
entertain a motion on how you want to (inaudible). Morrow: I think my
motion would be is that we grant the immediate increase to the $7.20 and that we
also implement on a very timely manner a public hearing about the contract
extension. Corrie: Would you like that to be May 21 st? Morrow: That
would be fine. Rountree: Is that all bundled up into a motion?
Morrow: Yes Rountree: I will second Corrie: Motion made by Mr.
Morrow, second by Mr. Rountree that the rate of $7.20 be implemented
immediately and that the public hearing will be on the lease extension of May
21 st, any further discussion? All those in favor? Opposed? MOTION
CARRIED: All Yea Freeman: The rate increase was requested at a 20%
increase across the board, your reference to $7.20 only reflects an increase on
residential and I just wanted to clarify whether we are talking about a 20%
increase across the board or are we just talking about a residential increase.)
Morrow: I am sorry Mr. Freeman and Mr. Alidjani, my intent here was that it was
across the board. Corrie: And I think I took some liberties that I shouldn't
have with the $7.20 and I apologize. Morrow: Well no you mirrored what
had said in terms of the motion. I wish to move that the rate increase be as
requested at 20% across the board. Rountree: Second Corrie:
Motion is made that the 20% increase across the board start immediately and
then the lease time extension will be a public hearing on May 21 st of this year, all
those in favor? Opposed? MOTION CARRIED: 3 Approve, 1 Abstain
ITEM #21: REQUEST FOR A TRANSFER OF BEER AND WINE LICENSE
FROM FIESTA II TO DENNIS PHILP: Corrie: Chief, any problems or
comments? Gordon: No sir I don't have a problem with this. Corrie:
Staff and further questions, I mean Council any questions of staff? Chief where
is 704 East Fairview? Gordon: Fiesta Guadalajara, right there by Jericho, it
is that Mexican restaurant now. Tolsma: It is right at the entrance of Wheel
Inn Trailer Park. Corrie: Council? Rountree: This is a first for me, I
just have a question, it indicates that the license at Fiesta II is being transferred
to Dennis Philp is that correct? If so where is it going from there?
(Inaudible) Rountree: Do we need a motion to that affect? Corrie: Yes
I need a motion to the effect that we transfer the beer and wine license from
Fiesta II to Dennis Philp. Rountree: So moved Tolsma: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that the request for
transfer of beer and wine license be transferred from Fiesta II to Dennis Philp,
any further discussion? All those in favor? Opposed? MOTION CARRIED:
All Yea ITEM #22: REQUEST FOR A LIQUOR LICENSE FOR DENNIS
PHILP: Corrie: Chief again any comments? Gordon: There is not a
problem with the license, this is one of two new issues that the State has
reevaluated our population and issued two additional licenses to the City of
Meridian, this is one of them. They said our population is 15,500 now. I thought it
was big of them. Corrie: And then this liquor license will go to Fiesta
Guadalara? Gordon: Yes sir, there is still one out there that needs a place
to go. At last I heard it was going to go down on Idaho Street there right next to
the Sunshine Air Conditioning place between there and the insurance, next to
Mayes. Corrie: Any further questions? I will entertain a motion for request
for a liquor license. Bentley: So moved Rountree: Second
Corrie: Motion made by Mr. Bentley, second by Mr. Rountree on the request for
liquor license for Dennis Philp be approved, any further discussion? All those in
favor? Opposed? MOTION CARRIED: All Yea ITEM #24: GEORGE
& WILMA STRASSER- REQUEST FOR SEWER HOOK-UP:I
Corrie: Is George or Wilma here or a representative? They have their signed
papers here requesting the hook up. Bruce, they are not here but (inaudible).
Does anybody have any questions? Morrow: Did not Gary talk to us about
doing that deal. My suggestion simply was that we (inaudible) second hook up
the double portion or whatever we do when the property (inaudible) press
forward, please Bruce jump on that. Freckleton: They have paid for two,
they paid double assessment on one parcel and that was related to me was that
they wanted to work out some sort of an arrangement for payment of the second
double assessment for the other parcel. Corrie: I think Mr. Smith brought
that to me and we brought that to you. Berg: Gary Smith and I met with
Mr. and Mrs. Strasser and there from the probably good investment of learning of
life that they do not want to borrow any money so they are going to save up their
money and when it comes time for them to have enough money or if the property
sells or whatever they will do the second hook up. They only want to do the one
hook up right now, the one Central District Health says you need to do. They are
in the process of trying to sell their property they do not want to hook the other
one up. When they hook up to the sewer connection they will put a Y yoke so
they can hook up the other house up to it when it comes time and they have the
money. They do not want to go into debt they will when they have money and
the will do what they have to do but they are only wanting the one house right
now. So there is not payment plan or anything like that they will just wait.
Morrow: Let me make a motion then, I will move that we approve the hook up for
the one house the double fee for the second house will not payable until either it
is hooked up to our system or until the sale of the property or a change of
ownership in the property. Tolsma: Second Corrie: Motion made by
Mr. Morrow, second by Mr. Tolsma, you have heard the motion, any discussion?
All those in favor? Opposed? MOTION CARRIED: All Yea
Freckleton: Mr. Mayor, this is probably an issue more for them than it is for the
motion but when that property does sell there will need to be an easement
granted across the one
_D+_#&_ _flparcel since they have a common service line that will
serve both of them you will have two people on one line there should be an
easement for his protection for that service line.
That is the information that has been passed onto the Strasser's. Corrie:
They will record it as such. Alright, any questions of the Council? Morrow: I
guess my question there would be is we are talking about a single lot without a
split having occurred is that correct, there are not two legal descriptions here
there is one? Freckleton: That is my understanding is that it is a single
parcel (inaudible) there are two houses on the single parcel and they are trying to
sell off one of them. Morrow: Are they not going to have to do a one time lot
split? Freckleton: That is a good question for our Planning and Zoning
Administrator. (Inaudible) Morrow: My point here is what I am
concerned about is you have a lot and you are doing this one time split it doesn't
seem to me it would be prudent to have an easement for service coming off of a
common service. It appears to me that it would make more sense to have each
of them independently serviced. Freckleton: Looking at the map on the wall
comparing it with their vicinity map it is two parcels, there are two separate
parcels under their, they own both of those. Morrow: So from my
standpoint, it doesn't make sense to have two services on one line. Easement or
no easement. Freckleton: That was discussed with our Plumbing Inspector,
Plumbing Official and this is a county parcel so the State has control over this as
far as the plumbing on that. Typically there would be two service lines run, one
for each parcel. Lynd didn't have any problem with it coming off of one common
line. But either way you go you are still looking at an easement situation.
Morrow: I understand that, I have a problem with it serving off of one line from the
standpoint of in the future if one property plugs it up and we have two users that
are not related and the Strassers are well out of the picture at that point in time
then the first calls is a call back to the City. My preference would be one
residential stub especially when you have 2 specific properties for (inaudible) that
they be individual services. Freckleton: I have no problem with that, that is
reasonable.
Corrie: So they are going to have one line and that is the one that they pay for,
the next time they sell the second line will go in. Morrow: That would be my
preference. ITEM #23: WAYNE CROOKSTON: DISCUSSION OF
PROCEDURE ON FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Crookston: Thank you Mr. Mayor, it came up a week ago or two weeks ago it
was a comment in the Statesman and I just wanted to address some of that. A
decision by the City Council has never been made as to how or what excuse me
how or when the findings of fact and conclusions of law are distributed or when
they are available to the public. It has been my I guess, my undecided process
that they were prepared by me, they were then delivered to the City Clerk and
recently Anna but there has never been any decision as to when they would be
released to the public. I want to state that I have to particular reason to say that
they should not be released, I think it is a Council's decision that is why I have
requested that this be on the agenda and I think it is probably time for this issue
to be decided when they are available. Under the public writings statute which is
in Title 9, Chapter 3, public documents are available when requested. The 6
_6public record' is defined as includes but is not limited to any writing containing
information relating to the conduct or administration of the public's business
prepared, owned, viewed or retained by any state or local agency regardless of
its physical form or characteristics. The only question I have there is because of it
being prepared, owned, used or retained by a local agency which the City is a
local agency if it is prepared by the Mayor, if he is just hand writing it, is that
something that is done. Say he is writing a letter to a personal friend while he is
sitting in the Mayor's office, is that a public writing. I suppose the argument
would be that it is not a public writing if it has nothing to do with public business.
The question that then comes to my mind when I prepare findings of fact and I
prepare them and I still have them in my office they haven't been submitted to
the City I am an employee of the City so then are they things that I have done for
the City and is that a City owned document. I am not sure about that. I am not
saying that it is not, I am not saying that it is. I just have a question. It has been
my own written decision or undirected decision that I thought it was appropriate
for the findings to only be released when the City Council had adopted them. As
I stated the City has never made a decision on that, I think it is very wise for the
City to make a decision on that. It is really something that has been done that
way because that is the way it was done and there has been no decision. I
certainly feel that it is probably time for the City to make a decision because no
decision has been made before. So I am just raising that up, I have no objection
to releasing them as soon as I get them off my printer if that is the decision of the
Council. So I would just leave it up to the Council and Mayor to decide. i
Bentley: Mr. Mayor, I have read the articles in the paper and talked to a few
people about this. I don't see a real problem with them being released before
they are voted on. But I
also don't see the issues that are being raised because once they are printed up
the public hearing is closed and there is no testimony taken on it any way. But if
we were to go ahead and release them prior to the night of voting I think there
needs to be some restriction placed. Like say they be marked up draft that they
have all the pages dated, so that if there are changes made we are not getting
pages mixed and I don't think it should be at any cost to the City. Those are the
only comments that I have. Morrow: What do you mean by any cost to the
City? Bentley: Cost for reproduction. I don't think we should sit here and
make up 10 copies and hope somebody will come in and get them. I think we
should either establish a ten cent per page copy or take and just set a set fee if
somebody wants a copy of them of course the applicant will get his.
Morrow: We already have that anyway. Crookston: I was going to say that
think the applicant is entitled to a copy. Tolsma: If that was labeled as
draft (inaudible) acceptable for discussion? Crookston: It is certainly
acceptable for discussion. I don't know that, well it would be cease to be a draft
once the Council voted on it. Rountree: A good number of the findings of
fact that we see are findings of fact at least the Council have been prepared by
Planning and Zoning. It is already a matter of public record and they are available
upon request. Crookston: That is correct and they give them out after the P
& Z adopts them. Rountree: So there are two points where this is an issue.
When findings of facts are prepared for Planning and Zoning and those are
instances where we prepare our own or request our own findings of fact and
conclusions. In both of those instances I don't see any problem with making
them available and if people want them provided as long as it is understood that
they are subject to change and quite often are changed at the City Council level.
It is also understood that we are not taking public testimony on it.
(Inaudible) Crookston: It is also a question, you are not only deciding this
for the City Council I believe
you are also deciding this for Planning and Zoning. Rountree: I understand
that, that is why I bring this up because that is where most of the findings of fact
are prepared in a draft form. Corrie: The thing too that the public must
realize that once the public hearing is close there will be no comments on that
from Council members or Mayor to discuss that and the Council is quite aware of
that and I am too. Just so that the other people in the arena knows that once the
public hearing is closed you don't contact the City Councilman or the Mayor and
try to discuss that any more. And the Council has the right to say I am sorry we
don't discuss that any more until we have done it. Crookston: Actually the
Planning and Zoning Commissioners and the City Councilmen when somebody
says let's go get a hamburger you say fine let's go and you get there and he says
well what are you going to do on this application. I think that they the
Commissioners and the Councilman have to say I can't talk about that. That is
something that if you talk to them about it you are accepting basically some
informal testimony. Johnson: (Inaudible) for 85% of these that probably
greater than that probably 90%. Wayne and I had a discussion on this earlier,
fail to see really why it is necessary to release them early. I don't have a problem
with it I can't see where anybody is going to benefit from it. Certainly we are
going to be guided as commissioners by what Wayne Crookston just stated in
this is we are not going to discuss them at all. We have always made, Planning
and Zoning has always made findings of fact available in the meeting
immediately after approval, right there at the meeting. If somebody wanted to
wait around and get them. It is not like we are trying to hide anything from the
City. The implication in the Statesman at least the feedback that I have had on
that is that we are trying to keep something from the public which has never been
our intent. We are working with an unfinished document. It is not refined and in
its final form or even in its form to be passed onto the City until such time that we
approve it and make corrections and deletions and additions to it. Sometimes we
have had those rewritten. So, it has to be as Councilman Bentley stated it has to
be clearly marked as a draft copy or working copy or something. I hate to see
policy dictated by the Statesman to the City of Meridian. (End of Tape)
Morrow: (Inaudible) the first would be is as Will and Shari and Glenn and myself
learned at a seminar a week ago Saturday is that the point was repeatedly
stressed that once the public hearing is over for any issue within the State of
Idaho whether it would be a Mayor or Councilman or Commissioner you have no
capability of discussing with anyone an issue without endangering that public
hearing process. My concern here is in terms of earlier
releases as they may come out of the City Attorney's office that in many cases
given the nature of how we conduct business here in Meridian those would be
available to other folk before they would be available to the ten members of the
two bodies. The point is that we are going to have to continually tell people that
there is no comment I can make on any of these things until they become acted
upon documents and that is completed. And so I see that as a potential problem.
The other situation is that if you are going to set a date and time certain for these
things to be prepared such as 5:00 on Friday and everything that is prepared up
to 5:00 Friday then becomes available that is going to slow down the process a
lot as the ten of us know a substantial amount of what we get is 5:00 on
Tuesday. And so if we are going to go ahead and do something like this and
have some consistency then we need to set in my mind a date and time for
release of whatever is ready and that is the only stuff that makes it on the agenda
everything else lays and it gets carried over to the next meeting. The implication
of discussion with respect to findings I think the matter is and in my mind how it
works at least for me is that we get a presentation from somebody, it comes to us
say tonight in most cases I am not prepared to discuss all the issues because I
haven't thought about all the issues. So over the course of the next two weeks
prior to the next meeting when Wayne calls and asks for my comments or
thoughts at that point in time I have collected my comments and thoughts and I
give them benefit to him without having heard anybody else's comments or
thoughts. There was an implication I believe that is not a proper procedure. Well
and that we were doing business outside the public domain and the issue is that I
disagree with that observation. If in fact it was decided by some court that we
had to have those deliberations at this place then I see that as a situation where
we would here a project tonight, we would discuss it as a Council two weeks from
tonight and if it made the 5:00 deadline we would act on the findings and
conclusions as they were written two weeks further down the road. Thus
extending the time frame in which we get something done at a minimum of 2
weeks even further. So, it seems to me that the procedure is working fine as
how we get the findings of fact if we are going t release them I would suggest
that we do it on a specific time, a specific date, and when that time and date are
done that is all the items that appear on the agenda. And we alter the method
that we are doing now and take those findings up until the start of the meeting for
us and for P & Z. So those are the benefit of some of my thoughts.
Crookston: I think that in regards to that I think it is very appropriate to say, let's
say the night of the public hearing, many times we have applicants come in and
say here is this. I think the same thing needs to be done there you just say if it is
not in the City's hands by Monday or excuse me by Friday at 5:00 it is not going
into the record or will not be anything that will be acted on. I think the same thing
applies. Many times we have an applicant or an applicant's representative come
forward and say here is the plat. The City has had no opportunities to review it.
Morrow: One of the things that he is referring to there if I might is it is not
uncommon for
folks to come and say we have six little changes that we want to make tonight in
our presentation. And we expect you to do something on it. I think maybe the
part of the thing in growing up here is that one of the great things about a small
City without a lot going on is that you can do that. Maybe if it is everybody's
desire that we adopt all of these other procedures that we move to a
formalization and say well gee Mr. presenter if you want to add six more
(inaudible) see you two weeks from tonight. If you don't have your presentation
ready two weeks from tonight it will be two weeks further on down. We set in
place hard and fast rules that everybody plays by from that standpoint. I think
that where often times, we just got two little changes to the plat and we want to
hear them tonight. Well did the staff get a chance to see them? No, we are just
going to do it tonight and we want to see what you think about it. Maybe our
answer is that no more does that happen. Corrie: I think we are moving to that
direction and I think you are absolutely right, I think we need to set it down and
put it down and say that is (inaudible) but that is just my comment. Mr. Bentley
anything further? Bentley: Well, in line with what Walt was saying about
locking the doors at 5:00 as far as accepting stuff, we would have to make a little
bit of flexibility in there because we get caught in situations of holidays and make
another day around it to allow for such instances. But we are getting to the point
where we are going to have to start because everyone has agreed to start putting
some time tables on some of this stuff to better gauge our work loads and the
staff work loads too. Crookston: It has always been my feeling that by
having them released which I said earlier I have no problem with I think where it
is going to come down is that when those are released the commissioners and
the P & Z, excuse me the P & Z Commissioners and the City Council when those
are released you are going to get calls. That is when you have to say I am
sorry, this is, the public hearing is over, I can't talk to you. Rountree: I
have about 3 or 4 different things here but they are all centered around whether
or not we allow or make available the findings of fact (inaudible). Again I don't
have any problem doing that and I anticipate that there are certainly going to be
people asking questions at that point and there may be some procedural
changes that we have to make. I think we should be looking at that anyway no
matter what we do on availability of findings of fact in terms of why we accept
information. What kind of windows are we allow information to be brought to staff
and brought before P & Z and brought before Planning and Zoning. We have
been very generous and very flexible in the past I think it has stressed and taxed
our staff to the point that they are to their limits on some of these things. You
come to a P & Z meeting or you come to a Council meeting and you have a box
full of mail that you just picked up at 5:00 prior to the meeting. And in that mail
are pertinent items relative to things that you are either going to here or discuss
that evening.
That is not appropriate, we stock pile it. But again those are other issues that I
think we have to deal with. But again getting back to the question of do we or do
we not make the findings of fact available upon request first off I don't anticipate
we get that many requests. Those that we do it may be good that the applicants
do have that information up front at least they will be able to leave and
understand fully what has been approved or is going to be approved and
understand that they are probably going to be back to the Planning and Zoning or
City Council having to address issues and it might get them a week or ten days
advance on that. Morrow: How do you feel about setting a time certain for
them to be done? Rountree: Super, I think we should have done it a long
time ago. Morrow: So let's say for example that by 5:00 on Friday.
Rountree: That is to (inaudible) I think it ought to be 5:00 on Friday the week
before the hearing. Tolsma: Or at least Thursday before the meeting.
(Inaudible) Morrow: Well what findings are done at that point in time.
Obviously if we do ten public hearings and we got ten sets of findings you are not
going to get all ten done by the following Friday. So whatever ones are done and
you are submitting to us in draft form than that is it for the following meeting.
Corrie: It has to be the agenda item at that point. (Inaudible) Morrow:
Alright so let's do it 5:00 on Thursday. Rountree: That is because you set
the agenda on Friday can you not change the date of setting the agenda to some
other. Berg: Well we set the agenda according to what you do at the
previous meeting and hopefully it gets followed by that two week period or three
week period. Thursday, we try to have the agenda pretty much done and set
item numbers, set your packets in shape as far as to collect all of the items. So
Thursday is the day that you need to have things set down.
Morrow: My point here is that you are going to set the agenda on Thursday so
all of the findings of fact that are done on Thursday if the meeting before it if we
had ten public hearings and we have findings of fact come on those ten public
hearings if on that Thursday there are only seven of them that are done than
those seven appear on the agenda the other ones get carried over to the next
meeting. Berg: Thursday at 5:00 that would be a better day then Friday.
Morrow: Make it easy on yourself, you are the staff that has to do it.
Crookston: For Planning and Zoning I don't see any difficulty. For the Council
because you
have a Council meeting on the first Tuesday, the next Tuesday of the month is
Planning and Zoning and then on the third Tuesday we are back to a City Council
meeting that is a little tough. Berg: Well where it boils down to is when you
don't have findings from a P & Z Commission to adopt here. When you have
variances or conditional uses that are just presented before the City Council.
When you have some back up information from the P & Z already you either
adopt them, change them or get new ones and then you run into your time frame.
Morrow: Or amended. (Inaudible) Corrie: Actually no unless the
Council approves it, right now it is under discussion here. That is entirely up to
the Council. Morrow: I don't have a problem with brief comments.
(Inaudible) Wardle: It is and I appreciate the chance to visit with you. I have
tried to take a constructive approach to some concerns that I have had. Just a
very brief pedigree, I don't approach this from a development standpoint per se,
my background goes to the original creation of the State Planning and
Community Affairs Agency in Idaho in 1970 and during that time frame I
administered the planning program statewide for cities and counties and provided
the technical assistance to cities and counties and structuring programs and so
forth. At that point I left the State and became Planning Director for the City of
Boise under the old (inaudible) structure. So I dealt with these issues for many
many years. I have sent a letter to the Mayor suggesting that I would be willing
to assist in some of the procedural
aspects if you are interested in having some sort of organization established to
exist. Because that I think a lot of the things that you folks do could be facilitated
by some tighter procedures and you have been discussing some of them. I want
to be very clear that the issue that I think a lot of people expressed that provoked
the article is not on the question of whether the findings and conclusions are
available, it was clearly the fact that nobody knew what the decisions were. With
all candor decision are not made on applications in a public setting. You go away
from a hearing, you have no idea whether the applicant was successful or if the
opposition was successful. When we got to findings and conclusions adoption
on the Smith's for instance the concern expressed by the neighbors was the
agreement that had been hammered out with Smith's part of that. Were the
neighbors going to be required to as Planning and Zoning had recommended to
take on the responsibility for the park. The Council did not make that decision in
public. They had no idea if the Council had expressed at the end of the public
hearing what they felt that the decision and then tailored the findings and
conclusions to that decision. Those issues, you wouldn't have to release findings
and conclusions people would know the direction of them. Bentley: Mr.
Mayor, if I may, at no time was that presented to the City Council in case you,
that issue was done through P & Z and it was changed by the time it left P & Z
before it got here. It never once was presented to us. There was no vote by this
Council. Wardle: Absolutely that is correct, but the point is, the
recommendation from P & Z is that a park be developed and that the
homeowners be the ones to maintain it. Of course the homeowners didn't feel
that they could do that. Bentley: That was presented in the testimony that
they didn't want any part of the (inaudible). Wardle: Well you see the point
is that nobody left the hearing knowing what the decision was on the part of the
City. So I think that there are things that you look at it, it is not simply the release
of findings and conclusions it is the fact that people, applicants as well as citizens
when they leave the Council Chambers that they know what the decisions are.
(Crookston: Are you saying that the decision should be made, I have, right after
the hearing? When does the Council get a chance to think about it?
Wardle: Well, I guess I would ask the question Mr. Morrow said that there was a
seminar that you folks some of you attended. Are you talking about the seminars
that have been provided by Ida -Ore is one of the presenters. I don't know what
the seminar was but clearly the statements coming from some of these programs
are that if you do need to make some deliberation and there are some (inaudible)
table it. But when you actually
make the decision the discussion and the decision should be in the public forum
and not by a one on one discussion with the City Attorney. I think that is very
clear, State law I think you would have some input if you sought it from the
Attorney Generals office that has already been down this road. I think that they
can help enlighten you on that particular point. I think that is, if that decision
making process occurred here, those findings and conclusions wouldn't be
particularly germane, everyone would know where the direction was. That does
not happen, when a hearing is held the direction is usually, we direct the attorney
to draw findings and conclusions without stating what the conclusion is. Again, I
simply want to, I have offered my services to help not on that particular issue that
is really up to you but on just procedural things relative to plats because I think
there are ways to facilitate your time and get you out of here long before midnight
on the nights that you have to spend. So, I have made the offer, and wanted to
be constructive rather than just a critic. Corrie: Thank you Mike. Well I
think the Council has got some things that they perhaps want to think about. I
guess if you want to make a decision tonight or you could (inaudible).
Morrow: I don't want to make a decision tonight I want to think about it.
Corrie: Alright, we just made a decision so we will Crookston: Well I think
you need a motion to act or to table. Rountree: (Inaudible) Morrow: I
would move that we have further discussions of this on the May 21 st.
Rountree: Second Corrie: Motion has been made and seconded that we,
motion made by Mr. Morrow, second by Mr. Rountree that we have further
discussions on this at our May 21 st meeting, any further discussion? All those in
favor? Opposed? MOTION CARRIED: All Yea ITEM #25:
DEPARTMENT REPORTS: Corrie: Mr. Johnson? Johnson: Nothing
Corrie: Bruce? Freckleton: I have got one item, we have a water main
extension project in Linder Road between Pine and Franklin it crosses the Union
Pacific Railroad. We have got a crossing agreement that we need to get
Council's approval on the crossing agreement authorizing the Mayor and City
Clerk to sign. The agreement there is a license fee of $700 that needs to be
authorized as well. Morrow: Let me ask you this, this is our standard
license agreement for crossings with the railroads there is nothing unusual about
this in any way? Freckleton: Standard stuff. Morrow: Mr. Mayor,
would move that we authorize the Mayor to sign and the Clerk to attest the
license agreement with the Union Pacific Railroad and that the Council also
authorizes the expenditure of the $700 for the license agreement.
Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr.
Rountree, you have all heard the motion, any further discussion? All those in
favor? Opposed? MOTION CARRIED: All Yea Corrie: Bruce
anything else? Shari? Stiles: Nothing Corrie: Chief? Gordon:
Nothing Corrie: Counselor? Crookston: Nothing Corrie: Mr.
Morrow? Morrow: Three or four items, what this is is a photo copy of a letter
concerning the old Meridian High School on Carlton Street in your boxes for
review. I have reviewed it and found it was as per what we have been proceeding
along with and was from my
perspective soliciting any input from you that you might want to add to or delete
from the letter. If it is okay in its present form then we will press on.
(Inaudible) Morrow: Okay, we will press on from that. Okay, the second
thing I put in your box is a letter that come to me today from Terry Little. It is in
response to the meeting that Terry and Ross and I had out at John Shipley's
residence a couple of weeks ago on Friday afternoon we were out there for an
hour and a half walking around looking at stuff trying to resolve his issues with
the guard rail and that type of thing. I would like each of you to read it and get
back to me with comments or suggestions that I can pass forward to them from
us. So I would solicit your input within the next couple of days if that would be
possible. Next item, Idaho Truss as you all know we had a group of folk here
talking about Idaho Truss and their way of conflicting business. Bob and myself
met with them, three representatives of Idaho Truss here and they did a
presentation to us after discussing what the problem was. They did a really nice
presentation in terms of how they were going to solve the problems. I kind of
want to note for record that we received an update from them. They did a really
nice job in doing what it was they said they were going to do. I think the issue
that is interesting is that when they had the neighborhood meeting there were
two people that showed up. And so I think that would further attest to that the
signatures on the petition were probably either remotely involved or not very
interested. But I think that from our standpoint I would like to send a letter to
Idaho Truss thanking them for their efforts and all the fine work they did to be
very responsive and do what was perceived to be a problem. I think it was a job
well done on their part. So if that is the (inaudible) Corrie: Would you like
me to do it? Morrow: Well I would like somebody to draft a letter then we
will sign it. Corrie: (Inaudible) Morrow: All five of us because the
issue, you and I served on the committee to get it implemented but it was done
under the auspices of all five Council people. Gary is not here, the other issue
we are going to deal with. Jim Rabbit in terms of the Gotcha Challenge, Shari is
gone so that is not an issue. Issues for the strategic planning meeting next
Tuesday the 23rd. We will have a status report on the job descriptions, the sewer
and water fees, the 90 to 60 days on the delinquencies. We will talk about the
Council ordinance in terms of final thoughts for the audit and budget functions.
We will talk about the thoughts of the parks and recreation commission and City
and Rural fire department. Are there any other issues for that department?
Corrie: I would like to include the letter that was Jim Reed the athletic director
we might discuss that at that meeting as well. Morrow: That is appropriate.
And the franchise fee ordinance from Idaho Power. What, I guess my question is
if we had a copy of that a couple of weeks ago. Corrie: That was an
ordinance that was drafted from Nampa and also in conjunction with Caldwell,
that is the franchise one that was in there before, Idaho Power franchise
(inaudible) Morrow: So I guess when do we need to discuss it? Do we
have a certain date that we need to respond to Idaho Power concerning that
(inaudible). Corrie: No not necessarily we need to do it as quickly as we
can because I think that (inaudible) start to go. Morrow: Let me suggest
then that what we do is that we come prepared to discuss that in that strategic
planning meeting also and that discussion won't take very long. That would be it
for me tonight Mr. Mayor. Corrie: Mr. Bentley? Bentley: Yes, also with
the Idaho Truss after I got their letter I did call them and talk to them a little bit
and thanked them for their prompt action on that. Also, did everybody get a copy
of the Danville ordinance, the sign ordinance? Corrie: No they did not, you
had discussed that with me and I will see that everybody gets that copy.
Bentley: What I did is I asked Bob to get a hold of Danville, California, they have
a sign ordinance down there that is just unbelievable. I doubt that we could
implement the whole thing here but there are some interesting things that they
do. Take for instance McDonalds, you wouldn't know that there is a McDonald's
there their sign is 6 foot high off the ground. Some of the restrictions that they
put on I think could apply here. So I asked them to get a copy and take a look
and maybe we can incorporate something in there that might help us out here.
Corrie: The reason that the rest of you, the machine went down when were
making them up so I will see that you get a copy tomorrow. It is just for review for
ordinances on signs. Morrow: Okay, the issue is that we have never had a
discussion concerning anything with
respect to signs in my entire career or Mr. Tolsma'a career. Corrie: We
have had some citizens coming in and asking about the flashing signs and
everything else. So I asked Jim Rabitt what our sign ordinance was and he
brought that out and he came in with that and so I thought we could put them
altogether and give them to the Council if they want to run with it fine if they don't
that is entirely up to you. We are trying to get some feedback from the public
about signage and what is it going to look like just big i-84 signs all over the
place. Morrow: I have never had any call in my career. Corrie: I have
had quite a few and that is this I am going to bring up and let you guys see what
you want to do or if you want to do anything at all. I also got a letter from Mr.
Nahas he had some particular interest, he had heard about signs and wanted to
be on the committee if we decided to have one. Morrow: Well I think the
issue for this is this is for some future strategic planning meeting. (Corrie: Mr.
Rountree? Rountree: I haven't completed the discussions that are ongoing
with St. Luke's about utilizing their property out there for athletic fields in an
interim basis until they complete their build out. As I said last meeting they are
very positive and I think we will get something going there. I guess a question for
you Mr. Mayor or Mr. Tolsma, who handles the golf course issues. Since I have
been working with the neighborhood association out there on the Cherry Lane
issue and the weed issue I have had a couple of phone calls about golf course
issues. Who do those need to be directed to? Corrie: I would, right now to
Walt he is the committee that is working with the back nine new construction.
Rountree: This pertains to the operation of the current nine holes. Corrie:
Probably me I am going to have a meeting with Wally, if you want to get that to
me. Rountree: Have you talked to Vern lately? Corrie: No
Rountree: He has some concerns about some kind of barricades or screens
being put on the 6 tee box. He is concerned about (inaudible) running at
automobiles or kids on bikes
or (inaudible) walkers. I haven't heard that has happened since 1978.
Bentley: I haven't played there yet. (Inaudible) Corrie: I have set up a
meeting with Wally and some discussions that I want to find out just what they
(inaudible) also Walt is involved with the construction. I suppose that would be
with me and we will get right on that. Rountree: I assume Vern represents
the homeowners association of 3 and 4. Corrie: If you want to get together
with me we will discuss that. Rountree: That is all I have. Corrie: Mr.
Tolsma? Tolsma: Walt and Charlie took care of mine. Corrie: I have
one, I do have Janice here. Mr. Morrow brought up a couple of meetings ago
about the IRS and where we were on this auditing. I had in your packet, you will
notice that we received the latest letter from Pam Bigelow who is the acting
District Director in reference to deficiencies in the taxes. We are going to, I think
that under the circumstances what they are saying is that we should be collecting
FICA from the building inspector and all those others which we are paying those.
They are stating that the City should have taken FICA out of their monies and we
have talked with Wayne in reference to this and we don't think that is actually
correct. Since Janice is here, Janice why don't you tell the Council where we are
with them and what the background is on this with Nicoli. Gass: The copies
I just gave were just kind of a little history, the first things that are stated there 2-
7-96 it is just her statement what she is asking for in 1995. So, that was just a
sample and everything that we have done for her, our providing the W2's for the
firemen and converting some of the 1099's over to employees. The things that
the City of Meridian and other cities and entities are doing are contractors. That
is what she is trying to get all of our contractors as an employee and give them
benefits and pay taxes through them. Anyway, also the second page here is the
right to appeal and I feel that we need to appeal this because our contractors are
not employees. So then she also gave me a copy of the sample, it was more or
less attorneys which now our attorney is now an employee. Like Mayor Corrie
has said that we do need to respond to this right away so we don't get fined
for no response at all. A response that we don't agree with it that we are not
going to make our contractors employees and pay this FICA which they have
already paid as contractors. They are contractors and they are corporations they
pay their taxes. There is no reason, they also have their own workmen's comp.
It is just like any other contractor. But what you Council and Mayor need to make
that decision and do you agree with her or don't you agree with her and fill out
the form and get it to her and say we don't agree or agree. Her supervisor which
would be the next step. Morrow: Mr. Mayor, I would suggest from my
standpoint that I don't agree with this at all in terms of, we have a situation here
where those people are hired as firms, they are corporations we have a contract
with them. They furnish us with certificates of liability and certificates of workers
comp. It appears to me that in this particular case that we aggressively and I
stress the word aggressively challenge to and including the point that we maybe
at this point look to a special tax law firm to begin to be brought up to speed so
that we are prepared to go whatever direction that we have to go. I have great
confidence in our City Attorney but this is a specialized issue. Taxes are a
specialized issue and I think that we need to be really aggressive and bring on
board counsel at this point in time and pursue the issue. Corrie: To get you
up to speed a little bit more Walt, I talked with the Mayor of Eagle, they are going
through the same process right now with their attorney. They have hired a tax
attorney and he is giving them some information on the same thing there, as
soon as he gets that he is going to relate that to me and we perhaps could use
the same attorney. Along the line we will bring that to the Council's attention. But
we do need to get the Council's approval to have that signed that we are not
agreeing and we want to have the hearing at this point.
Berg: Just another comment, and Bob is going to bring this up at the Board of
AIC, but we feel this is not just an attack on us but it is an attack on all
municipalities of Idaho. Not only is Meridian involved but Eagle is involved,
Payette has been involved, quite a few other cities. So this is something that we
either need to clarify what the rules are and go by them or somebody else
clarifies them for the IRS.
Morrow: I think part of the issue here is that structure and industry standard of
what self employment is that our guys meet all of those tests and I am having a
difficult time based on what little I know about this at that point in time and saying
what is the difference between the two industries.
Berg: You are right and there is that 20 points that are answered and there is no
degree of what those 20 points. If you hit on one of them or hit on ten of them.
Does that mean you are (inaudible).
Rountree: Let's go after it.
Corrie: I will entertain a motion for me to sign the disputing the (inaudible)
Morrow: I would move that we authorize the Mayor to sign the response to the
IRS that we disagree with their position and that we will pursue all the necessary
protests or procedures to protest.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further
discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: As soon as the information comes I will get it to you just as soon as I get
it. That is all I have. I will entertain a motion to adjourn.
Bentley: So moved (Inaudible)
Wardle: I sent a letter to the Mayor and Council requesting release of a
photograph following the Smith's decision. Will did that not get passed on? It was
dated April 3rd, there abouts. It was a specific.
Berg: I believe I passed it on to you Wayne, wasn't it a release of materials?
Crookston: I had seen it yes but I didn't take any action on it.
Wardle: Well when a request is made does it just die?
Corrie: Well I think that it didn't die but the Council needs to discuss it at our
meeting on the 23rd which is next week rather than. I apologize I think it has
been around but it hasn't gotten the proper, I don't think you are going to lose
your photograph.
Wardle: It is not a question of losing the photograph Mr. Mayor it is a question of
being able to use that. We are holding now specific meetings with the neighbors
in the final design so that we can get their agreement implemented and that
photograph is a very useful took that was never intended to be just archived here
forever with the City. It was intended to be used for an illustration for discussion
at the hearings and then returned.
Morrow: Mr. Mayor, if I might one of the things that came up during the seminar
that we attended which was put on by two fellahs from northern Idaho, was that if
anything is entered into the public record in terms of the testimony that becomes
part of the public record and can be kept and should be kept by whomever is
hearing it. They offered a suggestion for these types of things that at the
applicant's expense if it is a large presentation such as one of these that they can
present to the City or whoever a photograph in a smaller size so that can be part
of the record and is capable of being enlarged if necessary at some point back to
that size. So from that specter we need to develop a policy of saying okay Mr.
Wardle you can present it on a 18 by 24 or whatever size you wish but you also
provide for the public record a 10 by 12 copy of the same material and then that
is capable or if we should have to defend ourselves during some litigation at
some point of being blown up to the 24 by 30.
Bentley: And also they pointed out too that if somebody brings there with a model
of a City that they present a picture for the record and then take the model with
them. It also cuts down as is quite evident with our storage facilities that we don't
have to stockpile all of this stuff and a $600 document isn't tied up.
Wardle: That was a point in the subsequent letter that there are a lot of file
friendly ways to provide the information and we have done so. For instance on
the Brighton Ashford 2 you have a box of seven renderings some of which have
been provided to you in color copy 11 by 17 for the file and you still have that box
of renderings in your possession.
Corrie: I guess if the Council doesn't have any objections we can take a picture
(End of Tape)
Morrow: (Inaudible) certainly capable of under Idaho Statute of keeping
everything (inaudible) In the case of this particular document (inaudible) I don't
have a problem with him taking it (inaudible)
Wardle: Which I would like to do.
Corrie: I don't hear any problems from the Council. Come to my office tomorrow
and we will take care of it. Motion made and seconded, all those in favor?
Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 12:25 A.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
ROBERT D. CORRIE, MAYOR
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK