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HomeMy WebLinkAbout1998 04-21MERIDIAN CITY COUNCIL MEETING APRIL 21, 1998 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 p.m. MEMBERS PRESENT: Charlie Rountree, Glenn Bentley, Keith Bird, Mayor Corrie. OTHERS PRESENT: Wayne Crookston, Gary Smith, Shari Stiles, Bill Gordon, Will Berg, George & Maureen Howe, Ron Crow, Malcolm & June MacCoy. Corrie: All are present except Ron Anderson is absent. I'm going to go a little bit off the agenda tonight but first I would like to welcome the scouts from Troop #5 here tonight, we're glad to have you here and hope that we do well with your thoughts on the city government, also I would like to welcome one boy from Troop #173 who's here for his merit badge if I'm not mistaken, and welcome to be here tonight. At this time I would like to have Terry Smith and Malcolm MacCoy come up front please. We would like to especially honor these two gentlemen tonight, it's been a little while since we had the regio sprinter activity here in the City of Meridian but two of the main cogs I might say in the train and presenting the City of Meridian with the sprinter was Terry Smith and Malcolm MacCoy and we would like to honor these two gentlemen tonight. First I'll start with Terry Smith and this is a plaque, it says presented to Terry P. Smith for his outstanding and unselfish dedication to the success of the regio sprinter as coordinator for the City of Meridian, Idaho during the October 13-26, 1997. His dedication of time and energy to make this a special event for the Treasure Valley is deeply appreciated, this is awarded by the City of Meridian. Smith: Thank you. Corrie: And we have here it says presented to Malcolm MacCoy for his outstanding and unselfish dedication to the success of the regio sprinter as coordinator for the City of Meridian, Idaho during October 13-26, 1997. His dedication of time and energy to make this a special event for the Treasure Valley is deeply appreciated, awarded by the City of Meridian. Smith: You don't see a regio sprinter going up and down the tracks but there was a very good awareness created that (inaudible) in the tracks is very important for the communities and the demonstration of the partnerships on this type of thing and many, many other cooperative partnerships between communities that can be very successful. MacCoy: I'd like to say this that the work that Terry and I had to do was just points up because we could never have done it without the community coming in behind us and working on side by side many hours of both time and money and so on to make this happen, it was a great community activity and a success MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 2 because Bob didn't mention that but the stations that were done by the various cities we had the best station and we were notified of that by the Boise people, to me it was even more of interest we were told that in a formal meeting with the German (inaudible) Government so I thought that was really good that we shone for our city. Smith: Malcolm was really correct in that the award is for the volunteers, there were just an untold number of volunteers that made that partnership successful. MacCoy: We couldn't have done it without them. Corrie: Thank you very much. MINUTES OF PREVIOUS MEETING HELD APRIL 7,1998: Corrie: Council you have the minutes of the previous meeting held April 7, 1998, are there any corrections or alterations to those minutes? Bird, Bentley, Rountree: None. Bird: I'll make a motion we accept the minutes of the April 7t" meeting. Rountree: Second. Corrie: Motion made by Mr. Bird, second by Mr. Rountree that we accept the minutes of the April 7t" meeting. All those in favor say aye. MOTION CARRIED: All ayes. ITEM #1: TABLED MARCH 17,1998- FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT NORTHWEST OF CHERRY LANE VILLAGE NO. 1 BY STEINER CORPORATION: Corrie: I believe that Council we had a — supposed to meet with these people. Bentley: Mr. Mayor for the record we need to point out that City Attorney Crookston has stepped down due to a conflict of interest. Corrie: Do we have the other attorney here tonight? Bentley: No we do not. Corrie: Okay, I don't think we'll need him. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 3 Rountree: Mr. Mayor, a meeting was scheduled for our last Council meeting with Steiner Development, we sat with them and explained some of the language in the conditional use permit, some of the desires that we were looking for in terms of access to certain lots, reduction to the number of lots in the area that bordered Golfview Estates, also some design details that will be included with the CC&R's for adjacent properties to abutting neighborhoods. Since that meeting within the last couple of days I have received and I believe the other councilmen have received a proposed re -plat showing some of the changes that they've come up with since our meeting. In talking to City Engineer Smith prior to our meeting he apparently has not seen this plat so given that if there isn't any further discussion or questions I would move that we table items #1 and #2 till our next regularly scheduled meeting in May which would be May 5th for the Finding and Facts and the preliminary plat for the Villas at the Lakes Subdivision. I.]ToMYI- •. reWi I Corrie: Okay, the motion has been made by Mr. Rountree and seconded by Mr. Bird that we table items #1 and #2 till the May 5th meeting, are there any further discussions on those two items? Bentley: The question I have is if it's going to appear that we're going to have substantial changes to this to where it would possibly need to go back to P & Z, do we need to wait to make that decision until we hear from staff or is time not a problem on this one? Corrie: Gary, are they — Shari are the changes substantial or are they just minor or just re -drawing of the plat or does it require a second hearing for the planning and zoning? Stiles: Mr. Mayor and Council I think what some of the things staff had requested would have required substantial changes, however after the meetings that were held and the changes that have been made I wouldn't consider those to be substantial. Corrie: Gary do you have any comment? Smith: No, I don't have any comment Mayor. Bentley: That answered my question, thank you. Corrie: Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 4 ITEM #2: TABLED MARCH 17,1998: PRELIMINARY PLAT, 48 LOTS FO RTHE VILLAS AT THE LAKES SUBDIVISION BY STEINER CORPORATION: ITEM #3: TABLED APRIL 7,1998: INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: Corrie: I guess this is one I was going to talk to Council about earlier. Council the — Brad Miller who is the project with Van Auker has talked to Paul Clayton, Paul Clayton has talked to Mr. Saum, Mr. Saum is really pretty sick right now and that was one of his higher priorities. I would like to — is there anyone here from McCall Properties? Okay, I hate to ask for a continuance or table this till next May 5th but I think we need to discuss this one in a little more context because I don't think we're going to get too far with Mr. Suam on this. Is there any discussion or any questions you might want to ask? Bird: Do we have to table this or can we just take it off the agenda until they bring it back to us? Corrie: I would like to table it, I think we need to discuss this between now and May 5th because there's some things that we need to do and make a decision on what we're going to do here. Bird: Yeah, I talked to Brad and Ron today. Corrie: Okay. There was a formal request by the McCall properties so I would — Rountree: Have we made contact with McCall Properties and indicated a point and time where they have to have an answer? Corrie: They told me that they didn't have to have one right now, they're still about a month and a half, two months away with what they want to do so I think if we act in two to four weeks that will be plenty of time for them. Bird: Mr. Mayor, I make a motion that we table the McCall Properties septic system until May 5th Rountree: Second. Corrie: Motion made by Mr. Bird seconded by Mr. Rountree to table till May 5th meeting, any further discussion? Hearing none. All those in favor say aye. MOTION CARRIED: All ayes. ITEM #4: TABLED APRIL 7,1998- FINAL PLAT FOR STERLING CREEK (ELVIRA) SUBDIVISION (49 LOTS) BY RON CROW — EAST OF EAST 5T" MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 5 STREET AND NORTH OF EAST CARLTON PART OF NE'/4 & NW'/4 SECTION 7 T.3N., R1 E: Corrie: Is Mr. — I know Ron is here -- would you like to come up and if we have any questions that council might have on this one. Bird: My application says Dan Crow it is wrong isn't it? Corrie: I'm sorry, it's close there, I'm sorry. It says Ron, it says Dan here so Stansfield: I'm Scott Stansfield with JUB Engineers, 250 S. Beechwood Avenue, Boise, Idaho. We had an opportunity to provide written response on the 13th and I believe all of you should have a copy of that and it's pretty self-explanatory, I'll be glad to answer any questions you may have. Corrie: Council, questions? Bentley, Rountree, Bird: None Corrie: Okay, thank you. Rountree: Questions for Shari or Gary or both, the missing items and concerns that they expressed previously have those been taken care of by written response? Stiles: Councilman Rountree, Mayor and Council, the majority of the items have been taken care of with this submittal, I have not received a draft of the development agreement or the landscape plans and the CC&R's were just received I believe last Friday and we haven't had a chance to review those but with the provision that if we encounter any problems we'd be able to bring it back to Council if we have a major issue I don't have any problem with it. Smith: Councilman Rountree, Mayor and Council, I think they've answered all of our concerns from Public Works Department. Rountree: Do you guys have any issues? Mr. Mayor, I would move that we approve the final plat for Sterling Creek Elvira Sub subject to staff comments in coordination with planning and zoning and City Engineer. Bird: I'll second that. Corrie: Motion made by Mr. Rountree second by Mr. Bird, to approve the final plat acceptance, any further comments or discussion? Hearing none. All those in favor of the motion say aye. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 6 MOTION CARRIED: All ayes. ITEM #5: TABLED APRIL 7,1998: REQUEST FOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK — 3175 N. TEN MILE ROAD: Corrie: I believe we got a memorandum from Mr. Berg about item #5, are there any questions on that? Bentley: Mr. Mayor, I see we have a motion to table this so I move we table it till May 5, 1998. Bird: Second it. Corrie: Motion made by Mr. Bentley second by Mr. Bird to table this item until May 5t", any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM #6: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT TO CONSTRUCT A 13,250 SQUARE FOOT HIGH TECH MACHINE SHOP BY NICK BRACKUS — MEDIMONT SUBDIVISION SOUTH OF FRANKLIN AND WEST OF LOCUST GROVE — NW 1/4 NW '/4 SECTION 18, T.3N., R.1 E.: Corrie: Council you have that Findings of Fact and Conclusions of Law before you, any comments, questions? Bentley: Mr. Mayor, I have a — I don't know who best direct this to -- Gary Smith, Mr. Smith, in your comments there was some question on pre-treatment whether there would be a requirement for pre-treatment prior to going into the sewer, has that been resolved whether there is or isn't? Smith: I don't believe it has been resolved yet Councilman Bentley, it would need to be at the time that the building plans are submitted for review the Wastewater Department would take a look at that, what their process is, materials that they're going to be using in the building, and then a decision would be made on what would be required for pre-treatment, how it would be handled if there is a discharge to the City sewer. Bentley: Okay thank you. Corrie: Any further discussion? Bentley: I do have one question too, is there somebody here from -- MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 7 Corrie: Would you like to ask them — Bentley: Yes I'd like to ask them a question. Corrie: Would you come up, we have a question for you sir. Just state your name please. Robinette: My name is Ray Robinette, I live at 1011 S. Star Rd., Star, Idaho. Bentley: Thank you, there was some questions in the findings concerning the fire requirements? Robinette: Yes, when we had originally came in and started our application we were under the impression that we had big enough setbacks in there that we weren't required sprinklers and as the process has kind of gone through the owner has decided at his own discretion he would like to go ahead and sprinkle the building completely so that issue has been resolved. Bentley: Okay, thank you. Robinette: You know I might add, maybe we can handle it right here, on the pre- treatment there is — we have no discharge of anything other than what goes into the bathrooms, the sinks, the labs, there's no floor drains in the building outside of one in the bathroom for an overflowing toilet, but there is no pre-treatment necessary. If we need to do a formal addressing of that we could do that. Bentley: I think that is like Gary said when you bring the plans through that they'll address it then. Robinette: One of the other things that they brought up was the sprinkler system and I did bring an elevation of the building here — they wanted us to go ahead the initial elevation that we submitted was real preliminary, it didn't show the types of block, the split face, what kind of roof, little bit of the color and stuff. The other thing that they had questioned was outside storage and where the machine shop we do — Nick and Betty Brackus, they do keep all of their materials inside, they have decided that they would go ahead and put a fully enclosed trash area on the back end of the building right here so those were the only — I guess three issues, one — describing the types of materials we're going to build the building with, number 2 — the sprinkler system and then the trash enclosure, even though it's not depicted on there it will built out of block and totally enclosed. Bentley: Okay, what type of roof are you putting on it? Robinette: It's an architectural composition. I do have pictures. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 8 Bird: If you have pictures, show them. Robinette: That building actually shows the split faced block, the gray roof, and a little bit of the green (inaudible) These are real close to what we're doing. Those are some pictures that I've taken that are real close to the colors that we're going to use and on the deal here I've actually taken the swatches out of the color book to kind of show — and that can vary a little bit one way or the other with application but I can give you a couple there for the record. Bentley: Okay, thank you. Robinette: Thank you very much. Corrie: Any further questions? I'll entertain a motion for the approval or dis- approval of the Findings of Fact and Conclusions (inaudible) Rountree: Mr. Mayor, I move that the Meridian City Council approves the Findings of Fact and Conclusions of Law as prepared by Planning and Zoning. Bird: I'll second it. Corrie: Motion made by Mr. Rountree, second by Mr. Bird that we approve the Findings of Fact and Conclusions of Law that was prepared by the Meridian Planning & Zoning Commission. ROLL CALL VOTE: Mr. Bird — yea, Mr. Bentley — yea, Mr. Rountree — yea, Mr. Anderson — absent. MOTION CARRIED: 3 ayes, 1 absent. Corrie: Decision recommendation? Rountree: I move that the Meridian City Council approves the conditional use request by the applicant for the property described in the application. The applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements and the paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Bentley: Second. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 9 Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the decision recommended as read, any further discussion? All those in favor of the motion say aye. MOTION CARRIED: 3 ayes, 1 absent. ITEM #7: PUBLIC HEARING: REQUEST FOR A VACATION OF LOT LINE IN BLOCK 12, BETWEEN LOTS 15 & 16 (424 E. TOBAGO COURT) IN MERIDIAN GREENS #3 SUBDIVISION BY GEORGE A. & MAUREEN L. HOWE: Corrie: At this time I'll open the public hearing and invite either George or Maureen to come up and tell us their request. Howe: My name is George Howe, 884 E. Kingsford. Crookston: Will you raise your right hand, you need to be sworn. Do you promise to tell the truth, the whole truth and nothing but the truth so help you? Howe: I do. Crookston: Please proceed. Howe: I'm asking for the vacation of the lot line between 15 & 16 just so I can build a house across the line basically, are there any questions? Bentley, Bird: None. Rountree: The only question I would have is are there any easements platted that would have to be — Howe: The reason that I have to build a house across the line is the creek bed requires me to stay 75 feet away from that and that makes the lot a little smaller than it looks. Corrie: Okay thank you George. Anyone else in the public that would like to issue testimony in this hearing? Hearing none. Crookston: Mr. Mayor I just have a question for Mr. Howe. In most subdivisions there are easements along the lot lines, are there not easements along your lot line? Howe: That line was checked out and there is no — it was not used by any of the utilities it was strictly a ten foot easement on either side of the lot line and they said that if I could get the vacation of the line that they'll drop the easements. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 10 Crookston: I would think that those utilities are going to have to vacate those easements. Howe: There are none in there. The easements are strictly the ten foot setbacks and that's it. Crookston: Well I have not seen the plat of Meridian greens but in almost all subdivisions it says that there are easements along each lot line for irrigation, for electrical, gas and things like that. Howe: Would you like to see the plat? Crookston: Certainly, I have no problem in being vacated but — Howe: This is the full piece, the line that we're talking about is this one that goes back in here and comes right out here in the middle of the road. There's nothing in this line at all. All of the gas, electrical and everything is travelling in this manor. Crookston: I certainly have no problems if there are no utilities using that easement but if they have an easement, whether or not they're using it or not, think it should be vacated by the utility companies. Howe: I've had them check it and (inaudible) Crookston: I know there may not be anything there but that doesn't mean they don't have an easement though. Howe: The only easement I know of is ten foot on each side of the line and it was I think by Meridian Greens. Crookston: That's all I have. Bird: Gary, could you or Shari answer that? Smith: What was the question again? Bird: On the easement out there in Meridian Greens, do they have the utility easements between each lot? Smith: Yes, there's a five foot easement on each side of the lot line which is a typical easement, it's spelled out by a note on the plat, it should be on this plat, don't have a copy of it in my hand but typically that's an easement, it's not shown by dimension on the plat itself but it is shown by note and it's five foot. It's set up for irrigation, drainage, utility, use and I assume that when this request by MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 1 1 George was sent into the City, or requested by the City, that this request was in turn sent out to the utilities, I don't know that for sure, is that the case? Berg: Yes Gary it was sent out to the agencies as — Smith: We received no comments from Idaho Power, U.S. West or Intermountain Gas, is that correct? Corrie: Just the Nampa -Meridian is the only one. Smith: I don't know if this satisfies the requirements of the City or not or if there has to be something specifically written, a relinquishment of the easement rights by each one of those utilities. Rountree: I guess my concern on this is we lead George down the path here that he feels it's comfortable and at some point and time he gets a title insurance check and he's got an easement down the middle of his house even though there's no property (inaudible) so as far as the City action goes we could vacate the line but he could still be in a situation that he doesn't really like and be comfortable with. Corrie: I would think that you would need to get a written statement from each one of those utilities that they were vacating that easement for you just for your own -- Howe: Now who do I go to? Will do you have the address? Berg: Yes, I have some people contacts for you that you could talk to. Corrie: Just get a written notice like you have from the irrigation district here. They have no need to comment then on the vacation so Shari — Stiles: Mr. Mayor and Council, state code does require a written relinquishment of easements. The process called out in state code is substantially different from what our ordinance requires, this would normally require going through Planning & Zoning Commission for a public hearing and then going to City Council for a public hearing. We debated over whether they should just come in with an amended plat to get rid of those easements and to put the two lots -- make the two lots one because there's a whole setback thing too but a new thing has come up with John Priester the Ada County Engineer that he interprets the wording of the state code differently than City Staff does. The state code states that the vacations of easements shall occur upon recording of a new plat which I interpret to mean you don't have to go through the vacation process as well as the platting process. The way he interprets it is if you want to amend a plat you first have to vacate every easement in that plat and then record it so it's an interpretation MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 12 thing so even if we ask for the amended plat it wouldn't be recorded by John Priester because of his interpretation of that statute so that's why we asked for the vacation. Mr. Howe would like to start at least breaking ground May 1 st and with the time table of those two scenarios it wouldn't have worked at all and I'd hate to hinder somebody that just wants a bigger lot in Meridian. Bentley: Mr. Mayor, this would be a question for Council, would it be proper to approve the vacation of the lot line pending the written dismissal of the easements by the utility companies? Rountree: That would be fine. Corrie: The Nampa -Meridian Irrigation District says however the easement of the Ten Mile drain must remain at 100 feet, 50 feet from the center each way, they're not relinquishing any easement. Howe: No, all they're doing is telling me that I can't go within 75 -feet — 50 -feet of the drain and I'm okay on that one but it's the other ones that I need to get the easements. Bentley: But if we do it this way he can go get them and once you got the letters you turn them in and you're done with it and you're on your way. Crookston: Those easement vacations will have to be recorded so when you get let's say Intermountain Gas to vacate their easement when they sign a document it has to be something that can be recorded so that the easement is then vacated across that lot line or the lot line between the two lots that you own because if you don't record it then the easement's still there. Howe: I can bring it back in here then. Crookston: Well you'd take it to Ada County and have them record it — to the Ada County Recorder's office but you also have to have — Rountree: It might take four of us to help you do this George but — Corrie: It's terrible to have to do all this just to get the line taken away. I think politics is raising it's ugly head here (inaudible) Smith: Mr. Mayor, I've got a sample of a relinquishment of easement form that I can give to George and we can make one out for each of those three utilities, you can take them around and get those people to sign off, there's a notary statement at the base of that form and then all three of those could be taken to a recorder and recorded. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 13 Corrie: Okay I will close the public hearing at this time. Council? Bentley: Mr. Mayor, I would move we approve the vacation of the lot line in block 12, between lots 15 & 16 at 424 E. Tobago Court in Meridian Greens Sub. #3 subject to the relinquishments of easements by the utilities involved. Corrie: Motion made by Mr. Bentley second by Mr. Bird that the motion that was stated. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: 3 ayes, 1 absent. ITEM #8: ORDINANCE #785: REPEALING CHAPTERS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN: Corrie: Council this is Ordinance #785. Mr. Berg? Berg: Please note that this is the April 17th date that you should be looking at. It was a loose one that was submitted to us after we made our packets. Corrie: Ordinance #785 is an ordinance in the City of Meridian repealing title one, chapter 10, title 3, chapter 3, title 3, chapter 6, title 3, chapter 8, title 3, chapter 11, title 7, chapter 1, title 7, chapter 2, title 8, chapter 3, title 8, chapter 4, title 8, chapter 6, title 8, chapter 11, title 8, chapter 13, title 8, chapter 14, title 9, chapter 1, title 9, chapter 6 of the revised & compiled ordinances of the City of Meridian providing for an effective date. I assume the Council has read all those titles and gone through that. Bird: I think there's only one thing I've found and down here in the next two paragraphs in title 8, chapter 6 mentioned twice. Corrie: That's correct Mr. Bird. Bird: There are two locations, I suppose we need to scratch one of those. Corrie: Is there anyone from the audience who would like to have ordinance #785 read in it's entirety? Mr. Bentley? Bentley: I have a question for Counsel. Have we got all the numbers verified to write on this? Crookston: I believe that they are correct. Bentley: Thank you. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 14 Rountree: Mr. Mayor, I would move that we approve Ordinance #785 with suspension of rules. Bird: I'll second that. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we approve Ordinance #785 with the suspension of rules. Any further discussion? ROLL CALL VOTE: Mr. Bentley — yea, Mr. Rountree — yea, Mr. Bird — yea, Mr. Anderson is absent. MOTION CARRIED: 3 yea's, 1 absent. Corrie: Mr. Berg the City Clerk has said that maybe the boyscouts would like to know what we did here. We did go pretty fast on that, we had quite a few chapters and titles that were no longer of value to the City of Meridian such as checking hotels for outdoor privies and things of that nature. They were put on the books very, very early in the City of Meridian and these are some of the things that were trying to clean up and we just did that by the vote and there was a few things that we did, changes that we didn't want to see changed and so we took those out but that was the jest of the ordinance was just a little bit of a house cleaning there and housekeeping so that's what we did. ITEM #9: RAVEN HILL SUBDIVISION PHASE 2 — AMEND DEVELOPMENT AGREEMENT: Corrie: Counselor, I guess this is a development agreement you have seen. Crookston: I have not reviewed it. Corrie: Okay, any questions by Council? They're asking to amend the development agreement to allow them to fence off the Hunter Lateral and provide assurity to tile it as soon as it can be scheduled with the Meridian -Nampa Irrigation District. Stiles: Mr. Mayor and Council, I thought there would be a representative here from Raven Hill tonight, this situation is the Hunter Lateral that exists out there between Raven Hill Subdivision and the future High School site. They have not tiled that ditch yet and it's too late to tile it and he wishes to proceed with his development however the development agreement states that there will be no certificates of occupancy until all of the improvements are made and that if there are any amendments to that development agreement that they had to petition the City Council for approval of that amendment so what they're proposing to do is to go ahead and put the fence up on the easement line and tile it at a later date. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 15 Apparently they have an agreement with Nampa -Meridian Irrigation District to do the labor as long as they supply the materials. I wish there were also a way to amend that development agreement to make it so it's not 40 -foot no man's land full of weeds and that it could be used for some purpose but I'm not really sure what to do but I don't know if Gary has any issues as far as leaving the ditch open, he can address that. Smith: Mayor and Council, I don't have any particular issues leaving the ditch open. I would be curious from the developer as to whether or not Nampa - Meridian will be able to tile a ditch this coming fall, it's my understanding and it's just a second hand comment that I heard, that Nampa -Meridian's projects are very full for this coming fall and it may be fall of 1999 before the ditch is tiled and I don't know that there is anything that can be done other than what the developer's requesting but I'd just like — I think the City should know when this is going to happen, whether it's going to be fall of 1998 or 1999. Second point is I concur whole heartedly with Shari's comment about the gravel alley being constructed and if you've been out to look at Los Alamitos, that's a very good example of what's going to occur down there. It's an unusable, inaccessible piece of ground that serves very little purpose other than it's a freeway for the Irrigation District when they desire to access it. Third thing that I wanted to comment on was the pressurized irrigation for this subdivision. As of today, this morning Mayor Corrie and I met with an individual in the Salmon Rapids Subdivision that's having problems with the pressurized system there. That subdivision is part of the pressurized system that serves Los Alamitos, Salmon Rapids and Raven Hill. As of this afternoon when I spoke to a representative at the Irrigation District they have not, they being the developers of Raven Hill, have not been able to energize that irrigation system from the pump station in Los Alamitos and the representative from Nampa -Meridian did not know the problem, all he knows is that they're having problems getting it going and right now Salmon Rapids is without pressurized irrigation, I assume Los Alamitos is in the same situation and what this is going to do is it's going to encourage the residents to connect to the City water for their sprinkler systems because they're not going to let their landscape that they've invested thousands of dollars in dry up and blow away and so it's counterproductive to what the City of Meridian has been trying to do to utilize the surface water for our pressure irrigation systems and a lot of these connections are going to be made without permits, without inspections, without back-flow preventers and it's going to place our system in jeopardy of back-flow so I think it's imperative that Raven Hill Developers if they are the ones responsible to get that pump station going, that they be informed of that and I have not because it was late in the day when Nampa -Meridian got back to me I have not had a chance to talk to Alan Chandler about this situation but there's definitely a problem there. Bentley: Then I would trust that the problem is being addressed and that our fine gentleman over there at Salmon Rapids isn't proceeding and farther? MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 16 Smith: It's my understanding that the approval of the subdivision was based on certain things being done and I guess at this point if they don't have a pressurized irrigation system that is functional then the subdivision will not be accepted by the City of Meridian. Now building permits have been issued. Bentley: Then maybe we need to shut everything off totally over there until this thing gets fixed because now it's impacting somebody else outside of that subdivision. Smith: Yeah, it's a system wide deal and I think Nampa -Meridian is willing (end of tape) — some cooperation and maintenance as soon as the developer or developers prove to them that it is a functioning system. The developers wanted Nampa -Meridian to take the system at the end of last year but they were not able to pressure test the system with the pump station because they ran out of water, they didn't have water in the ditch when they finished their construction so they weren't able to test it. Nampa -Meridian said no we're not going to take ownership of this until it is tested, rightfully so and this spring is a good example of why they didn't do that and it's not operating yet according to Bill Hensen at Nampa -Meridian. Bentley: Well Gary why does he need a delay — what was the delay for not getting the tower done on Raven Hill? Smith: I don't know, I don't have an answer to that question, I don't know. Bird: Gary are these the same developers? Smith: No, there are two different developers. Alan Chandler is a developer and he's in a partnership with a guy named Robert Glenn, I believe his name is and they're doing Raven Hill. Goldsmith is a developer of Los Alamitos and Salmon Rapids. Salmon Rapids #4 is the last phase of Salmon Rapids, it's being developed right now. Bird: But it hasn't met the conditions of the development. Smith: It does not have an active pressurized irrigation system, beyond that I don't know — I know it's been installed — Bird: Can't we shut it down if it's not up to what it's supposed to be? Smith: Well they're obviously not going to get any occupancy permits for the permits that have been issued, the building permits that have been issued until the subdivision is accepted and the irrigation system of course is one component of that but from -- well I don't know how far back, this system has or was going to MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 17 be turned over to Nampa -Meridian and it was not going to be a homeowner system, Nampa -Meridian was going to operate it. We have watched after the installation of the sprinkler system and everything has been installed according to the plans, it just doesn't operate yet, their pump station isn't functioning for one reason or another. I don't know why, Bill Hensen at Nampa -Meridian does not know why other than he got a call at 1:30 this morning that there was water running out of a man hole into the street and they had to go out and shut the or shut the take-out off the down. Bentley: Mr. Mayor, is it proper to just shut down the building permit process too? Smith: I guess I would pass that one off to our legal counsel, I don't know what we can do legally, I don't want to do something that's going to leave us vulnerable to — but yeah, Shari said they do have a development agreement that they've signed and agreed to and so at this point I guess they're in violation of that development agreement. Bentley: So what's the penalty on that? Corrie: Counselor, can you shade some light here? Crookston: I'd have to read the development agreement but I don't think that the City has anything in our ordinances that allows the City to stop development because there is no pressurized irrigation system. Corrie: We can stop the occupancy permit however. Crookston: Right. Rountree: Mr. Mayor, it wouldn't be my intention to penalize anybody but I think we need to get those folks in here and sit down and get this resolved. We've got people that are going to be buying homes out there that are doing to do just what you said Gary that have homes out there now and it's not to our benefit to assign blame, we've got to get those folks in here and get it worked out. I would suggest that however we do that that it happens soon, that we get Marty in here and Alan and Gary and Shari and whoever and get out the development agreement and explain to them that it's not acceptable and we've got to get is resolved. I don't know that we need a heavy hand here I think we just need to know it's a problem. Bentley: Mr. Mayor, we danced with this guy last year on problems over there and I thought that Counsel made it very clear to his attorney that they need to get their act cleaned up and evidently one of them didn't understand it. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 18 Rountree: I suspect that we'll continue to have those kinds of issues but we've got to get them together and get it resolved. Bentley: So where do we go on this one? Rountree: As far as this request goes I'd move to table it until those folks want to come here and talk to us about it in the meantime I will move that we table this item #9 until such time as the developer comes in and speaks to the Council or resolves the issue with a meeting with the City staff and the appropriate Council members. Corrie: Do you want to give it a month or do you want to give them — Rountree: I'd table it until May 5th Corrie: Okay is the date the 5th or the 19th? Fifth? Okay, is there a second to that motion? Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we table this agenda item #9 until May 5th. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Shari will you get everybody together and let's have a meeting date as quickly as possible and we'll sit down and talk to everybody. I think Gary's already contacted Marty's phone number — I don't know, that may be awhile — Stiles: Mr. Mayor, would you like that meeting to be primarily set up with just Gary and his issues — I mean I don't particularly have any issues except that we have a development agreement — Corrie: You don't — okay, then let me swith here and Gary would you — Stiles: I mean I'd be glad to set up the meeting but I just don't think I need to be there or Council for that matter. Corrie: Yeah, you're right. Gary would you set us up a meeting that we can talk and we'll have a meeting — anybody in the Council that would like to be there — Keith? Keith we'll give you the time on that and we'll — thank you. ITEM #10: STREETLIGHT AGREEMENT: ASHFORD GREENS SUBDIVISION NO. 2: MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 19 Corrie: Mr. Berg? Berg: This is a standard streetlight agreement, they are putting in what I like to call decorative streetlights which are not standard to the City or to Idaho Power so they need a separate agreement that the Homeowners Association and/or developer will maintain those. We will still pay the power to them but they will be responsible for the maintenance of the streetlight and it's a standard agreement that we've done with several developments. Bentley: Mr. Mayor, Counselor is everything okay on this? Crookston: Yes. Bentley: Okay, with that I'll move that the City of Meridian enter into the streetlight agreement with Brighton Corporation, authorize the Mayor to sign, the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to enter into the streetlight agreement, Mayor to sign, City Clerk to attest. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. DEPARTMENT REPORTS: Corrie: Chief? Shari? Stiles: I have three hopefully short items. One item is I've been requested to attend a meeting with Idaho Power Company and the homeowners on the west side of Black Cat Road, part of our approval of the conditional use permit for the substation at Franklin and Black Cat was that they move the power lines to the west side of Black Cat Road to avoid our sewer lift station and the golf course and Idaho Power states that that is also their policy to have those major transmission lines on the west side of a major road. Some of the property owners on the west side of Black Cat Road are up in arms now, they attended the last City Council meeting and were of the understanding that somehow at that meeting the Council was going to rescind their request to Ada County that they place those lines on the west side of Black Cat Road. I'm not going to be able to attend the meeting, it's the same night as the Meridian Visioning meeting, same date and time that is being held at the middle school, I wondered if any of you had any opinion that you didn't want it to be moved to the west side of Black Cat Road or — MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 20 Bird: Why was it moved over there, I mean it doesn't make sense to me to move a power line that's already set up down the east side of the road to switch it over and as I understand from the letter I received and talking to some of the individuals out there that Idaho Power was in favor of leaving it there but the City of Meridian told them to move it, is that true? Stiles: The City Council at that time did want the 138 KB lines to be moved over to the other side, I don't think the existing poles are going to be used for that line. Bird: No, I understand that but you've got some high power already going through the east side of Black Cat on the east side up by the golf course already, those aren't standard lines. Stiles: And those are all within the existing right-of-way when that road right-of- way is extended to a five land roadway it's going to be set even further back into the property. Bird: That's true, that's true, but what's to say what's going to develop on the other side, it's already running up there, the development and stuff has been planned for it being already on that side and then you've got to flip over — I realize that they're in the county now and that it's something that we can worry about later but the same token is I can't figure out why if Idaho Power was in agreement to leave it up the east side that we wanted it moved over to the west and I wasn't on the Council to start with, I mean you guys might have a good reason I don't see it. Stiles: I don't know if that was the indication from Idaho Power, at least the people that I talked to, their preference was to have it moved to the west side. Bird: The letter that I got stated that Idaho Power when they called Idaho Power and said that it was moved over because Shari Stiles said that it was the (inaudible) of the Meridian City Council. Stiles: Great! I was just following orders. Rountree: Mr. Mayor, I received the same letter. You have to keep in mind that that letter was drafted by the folks that don't want it there and I don't know that Idaho Power presented a preference one way or another to the City they just asked for our comments. The City Council at the time looking at what we had developed, what we have approved where the city limits were indicated to them that our preference would be that it be moved to the west side of Black Cat. That preference was expressed to Idaho Power and what they did with that I don't know. I don't know what their decision process is I don't know what their public involvement process is, they are a public utility so I assume they had to go MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 21 through some kind of a public process, a hearing process. I don't know if this came out in their hearing and if it did, they've since made the decision, part of the decision may have been the preference that we expressed but I don't think we directed them to move it, we indicated that our preference would be that it would be moved to the west side, we didn't mandate it and still I think from — you know we have pump station, golf course, subdivisions, landscaping and whatnot on the east side of Black Cat, at least that portion that's in the city limits and as I recall that was what we looked at when we were asked what our preference would be. Corrie: They told me that they were going to have a public meeting about this yet, have they had that yet? Stiles: No, that's what I was talking about on the 29th Rountree: That's just a public meeting, that's not a hearing? Stiles: It's a meeting that Idaho Power had requested the City attend that's also going to be with those property owners out there and I don't know if Gary has some issues there as — I guess what I'd like to see is them to get me a layout of exactly what's existing there and where those lines would be because it's real hard to tell from what we've been told so far. Bentley: Mr. Mayor, now I'm kind of confused on this. It was my understanding these were brand new lines they were putting in, is that correct? Stiles: Yes. Bentley: Okay, and they can't just hang them on the existing poles, they have to run total new ones because of the space (inaudible)— Stiles: They're just wooden poles out there. Bentley: So they're going to put the great big ones up? Stiles: Well not like down Franklin I don't think, probably similar to what's down Cloverdale Road. Rountree: It's about the same size sub. Stiles: I think, yeah. Bird: Don't we have already have a couple right there by the golf course with the steel posts? Stiles: They're not the 138 KB lines. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 22 Bird: No, they're probably not that line but they are the steel posts if I remember right. Corrie: I've got quite a few neighbors on the west side that are hollering, I don't know that anybody on the east side is — Bird: Well you leave them over there and they'll be hollering. Rountree: That's because it's not on the east side. Bird: They're going to holler whichever side you go to. Stiles: Brighton Corporation was pretty interested in what was going on there, you know when he's putting in quarter million dollar homes and extensive landscaping — Corrie: What's going to go on the other side? Bird: That's true Mayor, what's going on the other side, I mean you know let's face the facts it's going to be developed, they're already on the west side, these developers did the east side with these lines and stuff in already, right? — Stiles: But they didn't — Bird: The golf course was built with the lines in and everything, that's all I'm saying. Stiles: But they weren't the big lines and there wasn't a substation planned. Bird: There wasn't a substation but that's part of development that — and when you're crossing the street with those big lines, I don't know where they're going to cross at — are they going up to Cherry Lane to cross or are they going to cross at the railroad tracks or — Rountree: They'll cross at the railroad tracks. Bird: So what does those people down there that's between Black Cat and the railroad tracks think about the lines coming up their side, they've already got them. Rountree: Those are the folks that are writing the letters. Bird: No, no, that's the east side, before they cross. You've got five or six houses between Black Cat — MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 23 Stiles: Are they writing the letters too? Bird: I don't know, as I understand it it's all on the people on the west side. Rountree: On the west side. Corrie: Power station's on the east side. Bird: East side, yes, but you're going to come up on the east side to the railroad tracks which is a half a mile and flip over and come up the east side? Stiles: I'm not sure if that's exactly where they were proposing to do it, I think that is what our request was. Corrie: Where's it eventually going to end up Shari, on the east side or the west side for power — I mean the lines are going north to where? To Chinden? Stiles: I think they eventually want another substation on a corner somewhere maybe Ten Mile and Ustick, they've talked about that area, I don't know why they like them all — I mean I know why they like them right on the intersection but you know I think — Bird: Two miles apart? Stiles: That was what I — Bird: Or well three miles of basically — that substation won't take care of any more than that? Is this substation supposed to feed to the west, over to the Can - Ada and on into that area? Stiles: I think so, yeah. Bird: Is that what that is? Is it going to go down Franklin? Is any of the big lines going down Franklin? Stiles: I don't know. Maybe we should get more information — Bird: I was going to say their (inaudible) is any of it going across Franklin going south on Black Cat? I mean I can't believe you'd have two substations in three miles of each other. Bentley: Sounds like Idaho Power ought to come talk to us. Bird: Yeah, I'd like to hear from Idaho Power on something like that. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 24 Stiles: Is anyone not going to that Meridian Visioning or you probably don't want to be stuck at that meeting. Bird: I don't want to be stuck at that public hearing, I'll be truthful. Stiles: Well I think we need more information from Idaho Power on what it's going to involve. Bird: I do too, I'd like to — I mean I wish they weren't the same night, I wanted to go to the other deal. Rountree: I think there's an opportunity to do both and I'll attempt to try to get to both places but at least find out what's going on as far as Idaho Power is concerned. Stiles: I'll try to get more information before the — Bird: Where's it at Shari? Stiles: Where is it? Bird: The Idaho Power hearing. Stiles: Best Western, Rama Inn conference room. Bird: What time? Stiles: 7:00. Bird: And the vision thing is at 7:30 isn't it? Stiles: I thought it was at 7:00. Bird: Is it 7:00 too? Corrie: You can't be in two places at one time, I guess you go to one and then the other. Rountree: I would not propose to be a participant in the visioning anyway, just be there to hear— Bird: I'll try to go to that Idaho Power hearing too. Stiles: I'll get more information for you before — MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 25 Bird: Yeah, please. Rountree: The time and date and format. Bentley: They need to come let us know what's going on, all their plans a little bit. Bird: I don't know which is the right side but I'd like to know where the lines are going and stuff and why they're looking at — three miles away looking for another substation. Corrie: Well let's have somebody then — I guess Charlie and Keith is going to go and see what they have to say. Bentley: Mr. Mayor, Gary — Smith: Well Skip was just mentioning that there's a substation by the Stinker Station on Meridian and Franklin, three miles west of Black Cat at Black Cat and Franklin would be this one that they're proposing, if you go three miles north then you'd be at McMillan and Black Cat, it almost seems to me as thought they were talking about McMillan as being a substation. Stiles: McMillan and Locust Grove. Smith: There is one at McMillan and Locust Grove which is four miles east so basically we'd have four of them that would be within three to four miles of each other if that is the location. Bird: But I wonder Gary, the same question I've got is then one on Black Cat and Franklin, the one on McMillan and Black Cat if those are to feed west. Smith: I don't know. Stiles: I don't know. Bird: I don't know where they plan on — what each substation's supposed to be. Smith: I would almost assume that they would have — they're not restricted to city/county boundaries so they're going to feed both directions I would assume. Rountree: They're going to work their grid. I think that my concern is that I would like to have them come and give us a more global perspective of what their grid system is going to look like so we can try to accommodate that in stuff that does happen to the west and to the north and to the south, certainly they're going to be MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 26 doing more of this stuff all over. They must have some kind of long range facility plan, it would be nice to have that factored into your planning activities. Corrie: I think you need to talk to Mr. Dodson (inaudible) Stiles: We used to be able to count on a good power outage to get out of work. Rountree: I believe it's called brown -out. Stiles: Okay I'll get that information to you. Next item I had was just a — we talked at our Director's meeting this morning about the possibility of a Salvation Army chapel moving into the Intermountain Arms facility here on East First, the people — some of the tenants in that building are very concerned, when I was approached with it it's a church — what the tenants are now hearing is that it's going to be canned food distribution, counseling center and I just wanted to make you aware of that if you hear anything if you could let me know, we don't want to be quoted as anti -church, or good -will or Salvation Army or anything else. Rountree: I've had enough of that in my time. Stiles: But the hair salon over there is very concerned about not having to walk over people in the gutter as they're clients are trying to get in but — Bird: Shari, they don't have the parking or anything to have something like that, do they? Stiles: A church is a permitted use, you know it's the same thing with the Nazarene Church, you can't very well say you don't have the parking so you can't use the building. Bird: Well that's very true but they also have a lot of parking of their own. Stiles: But they don't have near what the ordinance requires. Bird: Of course if they don't have enough for their — I understand that, and it's a one day (inaudible) Corrie: I asked Shari to have a meeting with her and I and the Sweet's and the minister of that and sit down and have a little talk and see what exactly they have in mind over there. I can see some avenues of complications here so I asked her to bring it to Council and see what your opinion would be but I'd still like to have that meeting with those people. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 27 Rountree: I concur on that, I don't have enough information to even have an opinion but I'm not opposed to a church there but there are some other things that one could wonder about I suppose that the Salvation Army does. Stiles: I wasn't asking for direction really I just wanted to give you a heads up on that and let you know that if they present it as a church I pretty much have to — it's a permitted use. The last item I had was the letter that Greg Johnson sent that you received in your boxes. In talking to Ada County they said that this was not representative of what their conversations were with them, basically he's got 80 -acres, I don't know if he owns it or if he's got an option on it — the difference between what he's proposing and what's currently allowed is that he could have eight units there, eight ten -acre units or he could do a non-farm development where he could cluster them and leave the remainder vacant for fifteen years or he could build 160 units. What Mr. Patlovich, the Director of Ada County Planning indicated to me when I — you know I was a little upset when I saw this when we went through a four year process to get our area of impact approved then apparently he's telling somebody that we should request that area to be included in our area of impact. I told Mr. Johnson that I didn't think we were interested in doing that and opening that back up again. I talked to Charlie about it and he liked the idea of having a soccer field there, it wouldn't be, I don't suppose it would be available to the City or it would be a private development. I'm kind of afraid something like this is really going to open up a whole lot of stuff out there because everybody's going to want to do half acre lots on a community system, we've got existing systems that maybe shouldn't have been approved, I don't know how many problems there are with them but I know it causes problems with fire and if they're talking half -acre lots they're looking at unless they have a pretty substantial well to provide the fire flows they're going to have to put fire sprinkler systems in every one of those homes. My main concern is setting the president and our comp plan doesn't permit that. It's five -acre minimum in our area of impact, this is not in our area of impact but it is in our referral area but I think that also means that it's an R -R instead of an R -T which is a ten -acre minimum. I indicated to Mr. Johnson that I was pretty busy with what was in the City and if he wanted to submit an application to Ada County that complied with our comp plan I wouldn't have any problem with that but I don't know what you think about it. Rountree: I think that's all we can do. We went that battle trying to get it in the impact area and were told that nobody was going to want to be so be consistent with what we have in the comp plan and present it to the county and let them worry about it. Stiles: Thank you, I appreciate it, that makes my life a lot easier. Bentley: If they want to give us a twenty -acre park we might. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 28 Stiles: We'd think about it. Bird: Can we run the boundaries of the City out, kind of zig-zag? Rountree: It doesn't have to be in the City. (Inaudible) Stiles: So I'll write him a letter telling him that the advice from Council and my advice is stick with what our respective Comprehensive Plan's state and if you can submit an application that complies with that it would be okay. Thank you. Corrie: Thank you very much. Mr. Smith? Smith: Mr. Mayor and Council, I've got three items, actually two of them are pretty quick. This first one isn't very involved, I'll pass a little information sheet out to you. Bentley: Another tree has died. Smith: This is an proposed agreement between Northwest Turf & Garden of Meridian and the City of Meridian to do some landscaping, installation of a sprinkler system and related work at the Wastewater Treatment Plant Administration Building. The original contract for that building inculded $8000.00 allowance for landscaping and it was subsequently removed because we wanted to do some other things and so we got a credit from the contractor for the $8000.00 which was a price that was set up in the original contract as an item so we knew that that was the landscape price. We then went out for bid and that landscape price did not include a sprinkler system for one reason or another the sprinkler system wasn't a part of that landscaping price. It did not include landscaping of all of the areas around the Administration Building, namely around the fence line, the east fence line and the south fence line so we massaged the landscaping plan a little bit and sent it back out for some estimates and Northwest Turf and Garden of Meridian was the low submittal at $12, 896.00. Corrie: Was there another bid? Smith: There were two other bids, I'm sorry I didn't bring them with me, it seems like there was -- one of them was about $15,000.00 and the other one was fourteen something. Bentley: Gary I have a question. I see you got $756.00 down for compost, don't we have enough? Smith: I don't know what we have left for compost. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 29 Bentley: That wasn't what I meant. Rountree: Just a question based on your total recall of your bidders, did you get a bid from an outfit called R & M Sprinklers, do you know? 60111, [i MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 30 performance then I think we need to, if there's a chance of a bunch of change orders or anything like that if he hasn't got a complete bid but it looks like to me it's got a complete bid for what you asked for. Smith: We were very specific about the bid requirements. We used the same requirements that were — with the exception of the sprinkler system which wasn't part of the original bid we used the same requirements that they bid the Administration Building under. Bird: Of course any time you get a deduct you get cost, when you get an additive you get profit and cost from any of those deducts I mean that's — you know people can say they're giving to you at cost but don't ever kid yourself they're not. In an industry you have to have markup and when you take something out all they give you back is their cost, they keep their profit and overhead in there because they've already spent some of it by the bidding of it so the change orders — but Gary if they — you said one was about fourteen something, one was fifteen, that's a pretty close bid. Smith: They were pretty close — right, as I recall the numbers. I wish I had them for you but I don't. Bird: No, that's fine. Smith: It wasn't a public bid, we just called around for three estimates to get some prices. Bird: That's fine. They were all licensed? Smith: Yes. Bird: I make a motion that we accept this agreement between Northwest Turf and Garden and the City of Meridian and for the Mayor to sign for $12,896.00 and for the Clerk to attest. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree, it's a tie there between Rountree and Bentley, that we accept the bid of $12,896.00 from Northwest Turf and Garden for the construction of landscaping at the Wastewater Treatment Plant, the Administration Building, the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none. All those of the motion say aye. MOTION CARRIED: All aye. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 31 Smith: I'll watch that contract closely Mayor and make sure he follows through on everything to the letter. Corrie: Okay, thank you. Smith: Second item I have is we had a request from a developer to investigate the sewer ability of the hundred acres of property surrounding the park site at the northwest corner of Ustick and Meridian Road. The sewering of that project would be by gravity into what's called the no names trunk which flows to the west to Ten Mile Road and then south to the plant but right now that line doesn't exist and it's a pretty expensive line to build, it's approaching two million dollars according to the first run through that Brad did on a cost estimate for it so it's an expensive line. These guys want to propose to pump into the south slew sewer line as a temporary service and I told them that the Mayor and City Council has had a policy in the past that we don't pump from one drainage area into another drainage area however that's something that I guess they would approach the Council with and the Mayor, I don't know when this is going to happen but the first thing I told them was that we needed some information assuming that you would entertain that, we need some information as to what the impact would be on the south slew from this development so from a hydraulic standpoint Brad and I contacted JUB who has the computer program to analyze our sewer lines and they came back with a cost of $1600.00 estimated time and material to run the analysis for the south slew sewer and the affect that this development would have on it. We told the developer of this project, the proposed developer, that if they wanted to proceed on this basis that they would have to pay the bill to do this analysis and we have received today we received a letter from Larry Hansen, realtor, authorizing the City of Meridian to proceed with JUB Engineers to conduct that capacity analysis of the south slew and the Five Mile trunk line. JUB has sent us an engineering agreement for a time and material $1600.00 which would require the City of Meridian's signature and these guys have agreed to reimburse the costs of two $1600.00 and I might also say it's their intention to develop approximately 237 lots on 101 acres which would be consistent to Meridian's R-2 development criteria around the park. Bird: Gary can I ask you a question? The one out there that we're working with, Van Auker and them, does that dump into the south slew also? Smith: That dumps into the Five Mile but the south slew dumps into the Five Mile too so those two come together. The south slew dumps into the Five Mile trunk at Tully Park, there abouts the east side of Tully Park. Bird: So if we open up that one that should be included in this survey that's coming down, are these developers willing to help build a no name with some latecomer fees? MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 32 Smith: I talked to them about a trunk line development fee as being a requirement for the development of their project and they agree with that, I didn't tell them what it was going to be because I don't know what it's going to be because I don't know what it's going to be. Now that we've got an initial run through on the cost of the line we can take the area and figure out how many dollars per acre is going to have to be raised to build that line. Bird: Well I question whether we can get a accurate count right now depending on which I want to bring up later on this other sewer deal that's going to dump in I would like that to be taken in consideration when they do this survey because as far as I understand that one and the Mayor can correct me if I'm wrong but I thought that opened up 325 acres out there didn't it Mayor? Corrie: Yes it did. Bird: And I want to make sure we don't put too much on that sewer line there and if these people are willing to help us get started on the no name in which we know we need to get a couple sewer lines going out there north also Charlie and I and the Mayor met with Boise the other day on that 40 -acre deal and I don't know what's going to come of that which would dump into that same sewer line as I — Smith: Yes, yes it would. Bird: I think we need to take a little planning on that. I mean I'd like to see this deal done as long as they're wanting to do it but maybe they're throwing $1600.00 down that they could -- $1600.00 wouldn't give them much of a trunk line but it would start. Smith: It's a real crap shoot because you've got a — there's a lot of development that could take place out at Eagle and Overland Road for example once that line is extended under the interstate there's a lot of area out there that can develop, again that the Five Mile trunk. Bentley: Mr. Mayor, I'd tell you what I'd really like to see and I think we've got to get going on it soon, and that's to just sit down all the Council and Gary's department and sit down and take a look at what we can do to get started on these sewer lines, something like this can help get it paired and get it going and I think we got to take a look at this north end and get going on it. Bird: It's being done, they're checking on it right now Mr. Bentley. Smith: We've started it but again it's a big cost item, it's a big ticket item and with the improvements at the Wastewater Plant that we're having to make it's going to be a burden if we take it on. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 33 Bentley: I mean looking to pair things up and you know we may have to dig up some to get it started but if we got somebody lined up like these folks to start tying in with latecomers along the way it might be the ticket because once we get it moved away from the sewer plant I think things will start happening and feeding along the way and once we get it started maybe it will snowball and take us to where we want to get so we can get that second line going too. Smith: Well it's always been my attitude that Mayor and City Council dictate where growth occurs in the City based on where you want to build sewer lines. When development took place south of the interstate that's the decision that the Mayor and Council made was let's get it under the interstate when we did the Ten Mile trunk to get the other side of Meridian Road that was again a decision that the Mayor and Council made, we want to see development take place over there so we want to move that way. Bentley: That's what I'm saying I think we really need to sit down with a planning session devoted to this and take a look at it. Bird: I agree with you. Corrie: What do you want to do with this one now? Bird: Mr. Mayor, I'd make a motion that we let the developers pay to have JUB do the study. Bentley: Second. Corrie: Okay motion is made that we allow JUB and the developers to pay the $1600.00 for the capacity study. Further comments, discussion? Hearing none. All those in favor say aye. MOTION CARRIED: All ayes. Smith: The last item was just an informational item. I've sent two invoices to Brighton Corporation for $135,584.00, 1 have yet to receive a response of any kind and that's for the pressure line from the Ashord Greens lift station. It's a sizable investment by the City of Meridian granted for your information that this goes back a long ways and it was not a written agreement but it was an agreement. Crookston: We can send them a demand letter to make payment on it under the agreement. It doesn't matter, it's better if it's a written agreement but if it's not a written agreement a verbal agreement suffices. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 34 Smith: There may be some correspondence to the effect that it was — who was going to do what at the time that the meetings were held on the golf course. Corrie: I suggest that we send a demand letter and I will — if you want to make it a motion — I'll certainly accept it. Bird: I make a motion that we send a demand letter written by the Attorney signed by the Mayor to Brighton Corp. over the Ashford Green. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley that we send a demand letter written by the Attorney and signed by the Mayor for the amount of $135,584.00 plus change. Any further discussion? All in favor of the motion say aye. MOTION CARRIED: All aye. Smtih: That's all I have Mayor and Council unless you have any questions of me. Thank you. Bird: Gary, I do have one question. The parking lots, when are they going out for bid? Smith: I've got the letters back from the Highway District, they've been approved. I've got the (end of tape) — bid documents back from the engineer and Brad's gone through them and he has a few comments and so probably next week we'll get them out the door. Bird: Oh great, thank you Gary. Corrie: Wayne Crookston, Counselor? Bird: We've got Tom over there. Corrie: Oh I'm sorry, you slipped in on me Tom. Kuntz: I've been busy working in my office. I just wanted to thank the Commission, Council and the Mayor for coming out to the March for Parks on Saturday, we received many positive comments about the food and the cooking and raised about $9,000.00 for playground equipment at Tully Park and they are starting up construction again at Tully Park, tomorrow they're going to start widening Linder Road there by the park, that's all I really have. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 35 Bird: Tom, how long will it be for Tully Park? What is it two, two and a half month completion date? Kuntz: They're projecting two and a half months. Bird: Thank you. Corrie: Thank you Tom. Counselor? Crookston: Mr. Mayor and Council, I don't have anything to present at this time but I think that I will have in the executive session. Corrie: Okay, Mr. Bird? Bird: I've got a couple of things here. I don't know if you guys all received a letter from Bruce Stewart from the Water Department on the recommendation to change our turn on fee to $50.00, 1 don't have any problem with changing that kind of question whether we need to stay open to 7:00 p.m. when we got a drop box out here. Corrie: I don't think we do either. I think if we wanted to have that I think 6:00 is plenty of time if they want to spend time there I don't see any need for 7:00, 1 think your $50.00 1 think it should be for I believe Mr. Bentley and I discussed this earlier this evening that for turn off fees and that's not for adding on — coming on line or anything else it's just a delinquent fee. Bird: Yeah, to turn back on as I understand this — Corrie: It will require a public hearing (inaudible) Bird: Okay, whatever you guys think we ought to do on it I'm willing to do. Another thing Mayor, I did talk to Ron Van Auker and Brad today I happened to be in their office and this was brought up, Ron has got the financing in place on that sewer extension, -- Corrie: He does have the figures on that? Bird: He has the figures and he has the financing in place and would be willing to put it in with a latecomers agreement which is no problem we just need to figure out a way to go across there. I think we need to do that, and this is strictly at your discretion Mayor but I think that if we don't get some positive response in a couple of weeks then we start whatever we have to do, is that in agreement with you? Corrie: Yes. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 36 Bird: I think that we've waited — I mean we've been doing this for four years, think we've been very patient about it. While we're on this I would like to see the Mayor personally call our auditors with the backing of the Council and get our audits done within a month or I don't know what I can do but I'd like to see something done because here we haven't even started 1997, we'll be going into 1999 fiscal budgeting without even having our audits back for 1997. 1 don't know can you bring any pressure on them? What can we do? I think enough is enough. Corrie: Okay I'll make a phone call for you. Bird: Is that agreeable with you two? Bentley: Oh hell yes. Rountree: Actually I'd like you to make a visit. Bird: I would like you to make a visit too if you wouldn't mind. Corrie: I'd be happy to. Bird: And I'll go with you or Charlie will go with you or somebody will go with you if you want. Bentley: Take the Chief. Bird: Take somebody. Wait a minute how big is the accountant, maybe I won't go. Corrie: (inaudible) I'll certainly do that too. Bird: Then you wanted (inaudible) on our Ada County Highway District maps? Corrie: You go ahead if you have it here but — go ahead. Bird: I like the plan where we've got the two — Corrie: A or B? Bird: I think it's the B plan. I think I'm done. Corrie: It looks like we're going to get split but that would give us more of the city in one district than as we grow it will go into the north part as well. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 37 Bird: Yes it would. Corrie: I don't think they're going to make much of a change out of those two, they've talked about doing it a little different but it's still going to end up that we're going to get split and we're going to have two Commissioners on this — Bird: That's good, at least we'll have two Commissioners from this end of the valley, hopefully. Bentley: Or we could end up with none. Bird: That's true. Corrie: So is it general consensus that you like alternate B right at this point? Bird: I do, that's mine. Rountree: I don't have a strong inkling at this point on those. My inclination is that the two zones in the city might have long term benefits for the city but I know there are some arguments to be made for the city boundaries to be a zone and have a dedicated vote, and that's something that I think we ought not to just let slide and not be explored to some degree presented to the County Commissioners for them to discuss it — Corrie: Talking to them, it won't be too long we will probably be a district all our own anyway. We're at 30 now, it will be very close — they look at it every year and right now we have — it was set up this way to have the close as they could to districts and not have neighborhoods tell them which way to go and everything else so they — I think B is probably the best that we have at the present time but I'm like you Charlie I think we should keep on top of it and they will have to do this yearly. Bird: It's going to be yearly Mayor? Corrie: Yes, because it will change, they'll look at it yearly, it may not change yearly. Rountree: It probably wouldn't change it — Corrie: It wouldn't change — right. Bird: I was going to say, yeah, however long. Rountree: A minimum would be every two years. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 38 Corrie: But they would look at it annually. Bird: I like B because it looks like you know we could definitely get one for Meridian and possibly two from this area. Rountree: On that particular subject do you know if the County is going to schedule hearings and when they do want an official response from the City? Corrie: I made a 5t" so at our next Council meeting we'll give them the official response, I'll probably be talking to the three commissioners within the next week or so, are leaning toward alternate B here, I know that Gary Richardson is unhappy with this but that makes me all the more reason to go alternate B — Bird: Does that put him and Susan in the same district? Corrie: No it does not. Matter of fact this whole thing — he lives in the north — okay enough said. Bird: Mayor, I've got one more thing. I asked the Chief after the last meeting if he'd get me the bartender's ordinance for Caldwell, I will get a copy made up to you for all the Councilmen and the Mayor and look it over, I think it's something that we need to — I know it was repealed in 1996 but I think it's something -- we don't need this word for word but I think it's something we need to look over, we might not want to do it but it's something we might, I've talked to a couple of established bar owners, they were very receptive to it. I also want to thank the Chief for the fast response he got for me on this. Thank you. I'll get a copy in your boxes. Corrie: Okay thank you. Mr. Bentley? Bentley: Yes, I have before me and I think everybody got a copy of the bill from Moffit-Thomas-Barrett Rock and Fields for the legal fees for the firefighters contract for fact finding, the total amount of the bill is $4,515.40, fifty percent of that is divided with the Union and in this case the Fire Department. They've sent the bill that's due and payable for $2,257.70 of which of that half of it $1,120.85 would be due and payable by the rural so I would move that we authorize the payment of $2,257.70 to pay our share of this bill and then have the City through the billing process bill half of that to the Rural Fire District. Bird: I'll second that. Corrie: We have a motion made by Mr. Bentley to have the City draw a draft for the amount of $2,257.70 and to go back and charge the Rural the $1,028.25. Motion is made by Mr. Bentley and Mr. Bird second. Open for discussion, this is just for the cost of Mr. Bakes is that correct? MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 39 Crookston: That's correct. Corrie: We've still got Mr. — we've got our own — Crookston: That's correct. Corrie: Any further discussion? Crookston: To my knowledge. Corrie: Hearing no further discussion. All those in favor of the motion say aye. MOTION CARRIED: All aye. Bentley: Next everybody's received the version of the contract along with the fact finder's wage proposals. Originally we had voted on amending which was actually the amendment was on exhibit 1 which was incorrect, since we perceived exhibit 2 and I wanted to know if the Council was prepared to vote on this tonight? Bird: I am Corrie: This is for what now? Bird: Accepting or denying their contract. Bentley: Rejecting the proposed basic agreement plus the fact finder's recommendation for wage package. Bird: Mr. Mayor, you've go to buy the whole package, either buy it or deny it. Corrie: Okay, do I here that everybody would like to do that then tonight? Bird: I would like to do it. Corrie: I will accept the motion. Bentley: I'll make a motion to accept the pros contract and the wage proposal. Corrie: I have a motion to accept the wage contract and proposal, do I have a second? Dying from lack of a second the motion is denied. Any other motion? Bentley: Okay in that case I'll make a motion to deny the total package of the Union contract with the wage proposal. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 40 Corrie: Motion is made for denial or rejecting the total package of the Union's contract, is there a second? Bird: I'll second that. Corrie: Motion is made and seconded that we reject the total package of the contract. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: 3 ayes, 1 absent Bentley: Now I'd like to have a little discussion. Does the Council wish to have the negotiating team return back and meet with the Union and go over what they feel needs changed? Bird: Mr. Mayor, I believe that we have to — I mean we're obligated to and I think that we have to go through the whole negotiation again get the things worked out, let's get it on so it doesn't take a — we aren't here a year from now sitting down still negotiating. Corrie: Mr. Bentley do you agree? Bentley: Oh I definitely agree but the question I would like to ask and without sitting here trying to make changes and everything is the problem with the pay package, the problem with the whole package or the problem with the exhibit two basic agreement? So we have some guidance as to where we need to start. Bird: Glenn my view on that is I have no problem with the way it's packaged. The wording has got to be changed, I can't buy it. Rountree: For the record I have some minor difficulties with the wage package but nothing substantial, I think the fact finding resulted in a genuinely close to acceptable proposal. To me, my biggest concern is the language that was presented to us in the narrative contract and it's articles. Bentley: I do not know what the Rural is doing, we'll have to get in touch with them and Skip, as soon as I know what they want I'll get in touch with you and we'll see if we can't get back together and try to get this thing smoothed out so it's palatable for both sides. Thank you. Corrie: Okay just for the record I agree with the two councilmen and the verbage part needs to be massaged (inaudible). The fact finding's and their wage package, I'm like Charlie I have a little bit but not enough to cause me any problems with that so — MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 41 Bentley: -- And I too don't have a problem with the wages so -- Corrie: -- if you want to take that back to the (inaudible) Bentley: Okay, next I'm going to bring up an old subject. Chief do we have the — or do you have, I don't have any, I never have any money — do you have the money saved aside to try and put together these other two officers under the grant? Gordon: Yes sir I do. Bentley: Okay, now is that including the remainder that was left out of the original money that we deposited out of the grant? Gordon: If we include that yes. Bentley: We had this discussion before, I'm going to offer a motion we discussed the fact that if we could get the money saved up out of there so we wouldn't have to pull it out of funds that we could possibly put these together, as I stated before if we lose this grant this year we will not be able to reapply for three years and I think it's pretty important to keep this going so with that I would like to offer — Charlie do you have a question? Rountree: This year in terms of our fiscal year or calendar year or federal fiscal year or what's the drop dead date on it? Bentley: Chief? Gordon: As you're aware our fiscal year runs October to September, the federal government's fiscal year runs January to December so we would have the 25% for the remainder of our fiscal year and up into December which would be in our next fiscal year budget so we'd have 25% responsibility for the pay and benefits on those two officers so we're crossing over on the budgets but that's — I have the money in my budget right now for the next six months of our fiscal budget. Rountree: I guess my question is when's the last date we can entertain this? Gordon: I'd say December. Bird: Chief, how many new employees have you put on the Police Department this year and how many was budgeted for last year? Gordon: Four, I requested eight, we cut it to four and I've put those four on. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 42 Bird: Now I'm including the five that you hired for the dispatch center. Gordon: Well that would make it nine. Bird: Have we lost any officers? Gordon: No sir, we have not. Bird: So the Police Department has had nine new employees this year since October 1 St? Gordon: Yes sir. Bird: And our average is 1.3 officers per thousand that's based on 30,000? Gordon: It's based on 34,000. Bird: Mr. Musser stated it was 30,000 1.3. Gordon: Okay, but it is 1.3 per thousand but now that is certified officers that doesn't include dispatchers and records clerks. Bird: That's fine but the support people you still you need and the certified officers is the 1.3 per thousand? Gordon: Yes sir. Bird: That's all I have Mayor. Corrie: Idaho average is 1.6 or 1.7 per thousand and the U.S. average is 1.6 per thousand. Bird: Of course if you go back to what we probably are twenty-four to twenty-five thousand we'd be closer. Gordon: If that's what we were at yeah. Bird: I think we are. Bentley: And we've got to remember we've got four more liquor licenses coming on. Bird: Well yeah I know but we also Glenn has got to remember that we're not a Boise, we're not the average big community. I for one don't go on averages for anything I look at the community. Chief Gordon's done a great job, his officer's MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 43 have done a great job and I thank them for that but I don't think — I don't worry about the national average as long as we're getting our job done and I believe our officers and Chief Gordon are getting our job done. Bentley: As soon as Chief gets more copies of these we'll let you have a copy of the statistics, he just got them put together. Bird: Does that include — Bentley: I don't know I've just got it, I haven't had a chance to look at it yet but he's got some more copies coming so if you could -- anyway, I'm going to make a motion at this time that we go ahead and add the two other grant officers at this time. Corrie: Okay then motion is made by Mr. Bentley that we add the two officers at this time, any second? Motion's denied for lack of second. I have a question, so far it's $9,000.00 we're holding up here for? Gordon: There was $9,000.00 left out of last year's federal payment and I think our expenditure or our cost for 25% of two officers was $19,000.00, that was for a full year of wages, we're down to six — Bird: -- But that's the first year only and then it goes up. Gordon: -- that's the first year only, last January to December then it goes 50/50 for the next year and then 25/75 would be our expenses and then after the third year it's a 100%, they're ours. Thank you for the accolades, I'll pass it on to the troops. Bird: Hey no problem and until some of the other things are solved here I'm not for this and it's nothing against anybody but we've got some areas that we've got to work out and until I get the audits I don't have much money. Gordon: We won't ever get another shot at officers this cheap is what I was looking at to get in and get our foot in the door. This actual program which is the Federal Cops Program ends this is the last offering, it won't be offered again. We have two officers already from last year on that grant program and that will expire next year so they might come out with another program later I don't know but right now this is the last one that they're offering so — Corrie: So we still have till December so we can still come in on the next year's October budget — Gordon: Yes sir, we'd have three months at 25% and then the remainder of that budget year would be at 50%. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 44 Bird: By October 1" we'll know where we're sitting. Gordon: Thanks gentlemen. Bentley: Next, the wonderful world of audits. Mr. Mayor do you have some names of some new audit firms that we could get started on reviewing maybe the drafts and get started on doing the preliminary work on 1998's? Corrie: I was afraid you'd ask me that because I didn't bring them with me. Bird: What about 1997's? Corrie: Yeah I had two, there's one local and one out of Boise and I'm sorry don't have it here, it's Greg and — out of Boise, Greg Roland and I forget the name of it and there's one here in Boise and I believe Keith mentioned to me that he had one — Bird: Yeah, I've got a couple of firms that — I don't know which one David Hammons belongs to but they do municipalities and also Stanton and Winkle and them guys I'm sure would take a look at us, Mayor you could go hire one any time for me just start in 1997. Rountree: The sooner the better. Bentley: My point is what do we need to do to start it, do we need to make a motion that you pick one and run or do we need to have you and a councilman get together and pick one and run or what do we need to do? Corrie: It's up to the Council, it's a money issue and a budget, that's the Council's responsibility, if you would like for me to get with anyone of you or we can just have you guys pick one out, I'm sorry I don't have that name I'd give it to you tomorrow morning and I'll put Keith's name with it and you decide which one and we'll go for it. Bird: Well Mayor I think we have to by law bring a couple of them in here and give them a presentation and get a bid. I want a bid, I want them to say hey, it's going to cost you this for the year fine, you buy it for that, I don't want some firm that says it's going to cost you this and then there's this extra and this extra. Corrie: It's entirely up to you. Rountree: I have a question. What's an annual audit costing? Corrie: About $4,000.00. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 45 Bentley: I can't buy that this one's going to be $4,000.00. Corrie: This one is already paid for. It's $4,000.00. Rountree: The one's we're undergoing right now. Bird: They're $4,000.00 a year? Corrie: No, I think there's three and four, I think it totals about six if I'm not mistaken. I don't have that total — Bird: I see why they're taking their time, they can make more doing privates. Rountree: I guess the level of cost doesn't get me too excited about a bid — Bentley: Me either. Rountree: I'd make a motion that we authorize the Mayor to enter into an agreement and the Clerk to attest to get fiscal year 1997 audits under way. Bird: I'll second that. Corrie: Motion is made by Mr. Rountree second by Mr. Bird that the Mayor is to start appoint and the City Clerk to attest that the 1997 budget to be done. Any further discussion? Berg: If we go into an agreement that Council's going to have to approve that agreement according to the firm and to the monies so even though it's kind of a blanket motion of your nature you still have this brought back to you for your approval. Bird: I'm sure you and the Mayor would want that. Bentley: What I'd like to see is if you can get them picked and get the proposal back and maybe have it for us at the next meeting if that's possible. Bird: Mr. Mayor I would also like at the same time with this accounting firm if it's a good accounting firm which I'm sure it will be, I would like to see us look into getting a program for our Treasurer, having them come in here, I know there's software that you can get from Pocatello and everything else that sets up our books and gives our Treasurer some help. There's no reason as big as we're getting that we don't have some good software to where we're not antiquated, not back in the 1980's at 5,000 people trying to work with the same system and I MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 46 think we need an accounting firm that knows municipalities to come in here and set us up a program and I'd be willing to budget some money for that. Corrie: Okay, any further discussion on the motion? Rountree: I don't disagree with that, I didn't take it as a motion but — Corrie: We've still got a motion on the floor. Bird: That was just discussion. Rountree: Per Keith's point I would entertain something from the Treasurer in terms of a scope of work or some type of contract that would identify system needs in order to accommodate the City's needs relative to our new fiscal policy system improvements that are beyond the capabilities of any of the programming folks or non -programming folks that we have in city staff. Corrie: I don't think we have any. Rountree: No, it's a weakness so I think that's a good idea but I would like to see that brought to us by the Treasurer. Bird: Okay that's fine but what I was discussing on it Charlie was that I want the Mayor to when he selects this accounting firm to get somebody that would possibly be able to do that, come in and help us — has the ability to set up a program or do something for us. Rountree: Fluent in municipal accounting. Corrie: Any further discussion? All those in favor of the original motion, picking the auditor and bringing it back to you for the approval say aye. MOTION CARRIED: All aye. Corrie: I have — I'll talk to you about these other two about setting (inaudible) system needs and have the Treasurer bring those presentations to you. Bird: You bet. Bentley: I be done. Rountree: Planning session next week the 28'", is that acceptable? Bird: You bet. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 47 Bentley: I'll talk to you later. Rountree: Okay we'll tentatively schedule one for the 28th as I discussed before think that is something we need to pull together a mid -year budget correction, I know we have departments that are renting space that didn't budget monies to pay for space, we have police cars that are purchased and monies were maybe by form transferred around but we need to get some of these issues resolved, we need to get some budgets squared away and I think we're just past mid -year we need to identify them and do whatever action is appropriate from the Council to do those adjustments. That's what I would propose we address at the next planning session getting a handle on that and then our next meeting we could take formal action so I would request that the Councilmen work with their respective departments, the Mayor work with the remainder of the departments in the City so we can in an orderly fashion go through these budgets, maybe the departments that do have these things would pre -expose this information on the form that we requested a month or two ago be prepared and that could be before that Council and we could understand why these changes, come to some general agreement that we would then hear these changes at our next regularly scheduled meeting. Bentley: I have a question, we discussed this while you were gone and Will brought up something that he was supposed to research and that was the fact of whether or not we could do more than one budget adjustment, we may be limitec to one, did you check on that Will? Berg: We talked about amending the budget and a couple of people that I talked to with their experience still think that there's only one time you can amend our budget. Line item adjustments can be done — Bentley: -- But some of the line item adjustments that we need to do involve transferring funds out of the general fund to them. Rountree: It's still a line item adjustment. Bentley: Is that? Bird: That isn't a line item. Berg: If you're transferring more money in and you're transferring more money out of the total department budget then that's an amendment that you've got to make at the end of the year. Corrie: You can adjust the budget in the department. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 48 Bentley: Right and I understand that but see what we need to do in some of these instances like the police cars has to come out of the general fund which wasn't budgeted so that's at the end of the year but what we can do is we can get the line items, we can identify them and have a stack ready to go so we're not scrambling at the last minute to do it so we could plan it out. Rountree: The adjustment is such that we identify what needs to be shifted in this one time amendment if there's things within a budget that can be line item moved around we'll do that but we need to identify now hopefully we have a handle on those things that have been changed, committed to, who's got excesses, where those excesses are going to go to pay for something else, we might even some information on an audit to help us out. Corrie: I hope so. Rountree: So anyway I think we need to spend some serious time thinking about that to relieve some of the pain and frustration some of the department heads are going through with the money situation so everybody's on the straight and narrow on that deal, anyway that's what I'm proposing for the planning session. I have one item, Generation's Plaza to get done whatever you want to call it, committee has met again it looks like some time in the next three to four weeks we may have a proposal put together and I want to thank Gary and Brad particularly for taking the time, working with that group, pulling together some of this stuff, I know it's been very difficult and time consuming and frustrating to him as well as the rest of the group trying to get information put together. It appears that we've go the information, he was going to take that information and put together a proposal, anyway that group is moving forward, another charge of that group was to look at putting together a trust group for Meridian, they're still working on that working out the details there. There are apparently are some folks that do want to donate to Generation's Plaza and I believe we talked about this two months ago or a month and a half ago that they will donate to anything other than a trust and Meridian Historic Trust has indicated that they would be willing to work with the City to be the recipient of those donations for Generation's Plaza however they need an official request from the City of Meridian and having said that I would move that the City of Meridian under signature of the Mayor and motioned by the Council request the Meridian Historic Trust work with the City as a recipient of donations for Generation's Plaza and that message would be sent through Terry Smith, Secretary/Treasurer for Meridian Historic Trust. Bird: Second it. Corrie: Motion made by Mr. Rountree second by Mr. Bird, you heard the motion I won't try to repeat it I think we got it, Charlie did a good job. Any further discussion? Hearing none. All those in favor of the motion say aye. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 49 MOTION CARRIED: All aye. Rountree: Would you see that that gets going real soon because we've got some Corrie: I'll see that it's started next week, I'll get with Terry tomorrow. Rountree: That's all I have Mr. Mayor. Corrie: Okay do you have anything Will? I don't have anything at this point. I'll entertain a motion that we go into executive session. Bentley: So Move. :3R•"it.-•9TO•.1 Corrie: Motion made and seconded that we go into executive session. All in favor say aye. MOTION CARRIED: All aye. EXECUTIVE SESSION Corrie: Okay, we've come out of executive session in discussion of the Cushman case, I will entertain a motion that we have the attorney file a motion for reconsideration with Judge Bail on her decision on the Cushman case and if necessary file an appeal that the motion is reconsideration is denial. Rountree: So moved. :3 & 096TOre1 Corrie: Motion made by Mr. Rountree second by Mr. Bird on the motion. All those in favor say aye. MOTION CARRIED: All aye. Bentley: Motion to adjourn. Bird: Second. Corrie: Motion to adjourn and second. All those in favor say aye. MOTION CARRIED: All aye. MERIDIAN CITY COUNCIL APRIL 21, 1998 PAGE 50 MEETING ADJOURNED AT 10:54 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK