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HomeMy WebLinkAbout1998 06-16MERIDIAN CITY COUNCIL MEETING JUNE 16. 1998 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on June 16, 1998 by Council President Charlie Rountree. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree. OTHERS PRESENT: John Prior, Gary Smith, Bill Musser, Brad Hawkins -Clark, Wayne Crookston, Kenny Bowers, Tom Kuntz. MINUTES OF PREVIOUS MEETING HELD JUNE 2,1998: Rountree: Is there any discussion, corrections, comments? Bird: I make a motion that we approve the minutes from the June 2nd meeting. Anderson: Second. Rountree: It's moved by Councilman Bird seconded by Councilman Anderson to approve the minutes of the meeting held June 2, 1998. All those in favor? Opposed? MOTION CARRIED: All aye. ITEM #1: CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.8 ACRES TO C -G BY TOM BEVAN — 3020 W. FAIRVIEW AVENUE: Rountree: Anyone — I have someone that would like to speak to that. For Council, this item and item #2 were continued last meeting because Mr. Bevan wanted to have an opportunity to read the Findings of Fact and Conclusions of Law. Prior: Ma'am, would you state your name and address, spell your last name for the record please. Todd: My name is Cheryl Todd, my address is 1010 N. 20th Boise, ID. 83702. CHERYL TODD WAS SWORN BY THE CITY ATTORNEY. Todd: Good evening City Councilmen, my name is Cheryl Todd and I'll be representing Mr. Bevan while he's out of town. Mr. Bevan has reviewed the changes that you suggested and he would like to request that upon his acceptance of the recommendations that you've changed that the City Council MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 2 would go ahead and approve the annexation and zoning for the 1.8 acres located at 2030 Fairview. Rountree: Okay, thank you. Any questions? Bentley: I have none. Bird: I have none. Rountree: This is a continuation of the public hearing, is there anyone in the audience that wishes to speak to this item? Seeing none, is there any discussion Council? Bird: I have none. Bentley: I have none. Rountree: I'll close the hearing. What's your desire in terms of a motion for annexation? Bentley: I have one quick question for Gary. Gary, has everything been answered and taken care of to your satisfaction? Smith: Yes. Bentley: Okay, thank you. Bird: Mr. President, the public hearing is closed, right? Rountree: Yes. Bird: I move that the Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. Bentley: Second. Rountree: It's been moved by Mr. Bird and seconded by Mr. Bentley to approve the Findings of Fact and Conclusions. ROLL CALL VOTE: Mr. Bird — yea, Mr. Bentley — yea, Mr. Anderson — yea. MOTION CARRIED: All yea. Rountree: Is there a recommendation? MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 3 Bird: Mr. President, I move the Meridian City Council grant the conditional use permit requested by the applicant for the property described in the application, however should the application be approved the applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements, the paving and landscaping requirements and all ordinances of the City of Meridian. Conditional use should be subject to review upon notice to the applicant by the City. Bentley: Second. Rountree: It was moved by Mr. Bird and seconded by Mr. Bentley to the recommendation as read. All those in favor? Opposed? MOTION CARRIED: All aye. ITEM #2: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER (CHELSEA SQUARE BY TOM BEVAN -- 2030 W. FAIRVIEW: Rountree: We'll continue this public hearing, you need to be sworn — Prior: Once again we need to have you state your name for the record. Todd: My name is Cheryl Todd, I'm located at 1010 N. 20th Boise, ID. 83702 CHERYL TODD WAS SWORN BY THE CITY ATTORNEY. Todd: Again for item #2, Mr. Bevan is requesting that the conditional use permit for a retail shopping center would be approved by the City Councilmen. Are there any questions? Bentley: I have none. Bird: I have none. Rountree: Again, this is a continuation of a public hearing, anyone in the audience wish to testify? Any discussion? I'll close the public hearing. Any questions from staff? Bentley: Yes. Gary, is everything in order for the CUP on this? Smith: I believe that they have complied or they are agreeing to all of the staff conditions so I don't have any other comments to make. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 4 Bentley: Thank you. Rountree: Any further questions? Bentley: I have none. Rountree: I need a motion for action on the conditional use permit. Bentley: Mr. President, I would move that the City of Meridian hereby adopts and approves the Findings and Facts as presented to us for this CUP by Planning and Zoning. =011100 - Rountree: It was moved by Mr. Bentley, seconded by Mr. Bird to approve the Findings of Fact and Conclusions of Law for the conditional use permit. ROLL CALL VOTE: Mr. Anderson — yea, Mr. Bentley — yea, Mr. Bird — yea. Rountree: Is there a recommendation? Bentley: Mr. President, the City of Meridian hereby grants a conditional use permit requested by the applicant for the property described in the application however the application should be approved, the applicant shall satisfy the conditions set forth in these Findings of Fact and Conclusions of Law or similar conditions as found justified appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Bird: Second. Rountree: It's moved by Councilman Bentley, seconded by Councilman Bird to approve the conditional use permit with conditions as stated. All those in favor? Opposed? MOTION CARRIED: All aye. ITEM #3: REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A HOME DAYCARE: WENDELL & KATHLEEN LAWRENCE — 889 N. FILLMORE WAY: MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 5 Rountree: Do you have those revised Findings? Are there any questions of staff or Council on those? Do you have something more you want to add Mrs. Lawrence? Lawrence: Actually I just have a question. Is there an actual permit that we receive? Just because Health and Welfare asked for it when they came out. Rountree: Well to be honest with you since I've never asked for one, I've never seen one so I don't know if you get a piece of paper or not, Council can you help Prior: Kathleen all you can do is — you can take the conditional use permit and show that you got an approval signed off and they'll give you a copy of that and that should be fine. Lawrence: Okay, great. Bentley: Mr. President, I have a question for Kathleen. Have you read, understand and agree to all of the changes and stuff in the Findings? Lawrence: Yes. Bentley: Okay, thank you. A question for staff, for the Planning and Zoning Department, is everything in order on this for the changes that were recommended? Rountree: This is your test Brad. Hawkins -Clark: Well the review as you know has been done by Shari and in my four days at the office I have not had a chance to thoroughly review the file so at this point I can simply reply that Shari did not pass on any comments to the negative on that file. Rountree: Thank you. Anderson: Mr. President, I make a motion that we approve the Findings of Fact and Conclusions of Law and that the Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law. Bird: Second. Rountree: Moved by Councilman Anderson, seconded by Councilman Bird to approve the Findings of Fact and Conclusions. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 6 ROLL CALL VOTE: Councilman Anderson — yea, Councilman Bird — yea, Councilman Bentley — yea. MOTION CARRIED: All yea. Rountree: Is there a recommendation? Bentley: Mr. President, the Meridian City Council hereby approves the conditional use permit requested by the applicant for the property described in the application for the conditions set forth in these Findings of Fact and Conclusions of Law but the applicant shall not care for more than seventeen children and that the property shall be required to meet the water and sewer requirements, the fire and life safety codes, the uniform building code and other ordinances of the City of Meridian. The conditional use permit shall be subject to annual review upon notice to the applicant by the City. Bird: Second. Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to approve the request for the conditional use permit for up to seventeen children. All those in favor? Opposed? MOTION CARRIED: All aye. ITEM #4: FINDINGS OF FACT AND CONLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SECOND BUILDING FOR A FUEL ISLAND BY ALBERTSON'S, INC. — SOUTHWEST CORNER OF W. CHERRY LANE & TEN MILE ROAD: Rountree: Any questions of staff or Council or of the applicant? Bentley: I have none. Bird: I have none. Anderson: I have none. Rountree: Motion on the Findings? Anderson: Mr. President, I make a motion that Council approve the Findings of Fact and Conclusions and the Meridian City Council hereby adopts and approves these Findings of Facts and Conclusions. Bentley: Second. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 7 Rountree: Moved by Councilman Anderson and seconded by Councilman Bentley to approve the Findings of Fact and Conclusion. ROLL CALL VOTE: Councilman Anderson — yea, Councilman Bentley — yea, Councilman Bird — yea. MOTION CARRIED: All yea. Rountree: Is there a recommendation? Anderson: Mr. President, I recommend the Meridian City Council hereby decides based on these Findings of Fact and Conclusions of Law the conditional use permit requested by the applicant for the property described in the application is denied. Bentley: Second. Rountree: Moved by Councilman Anderson, seconded by Councilman Bentley to deny the application for conditional use permit. All those in favor? Opposed? MOTION CARRIED: All aye. ITEM #5: REQUEST FOR PRELIMINARY AND FINAL PLAT FOR 2.67 ACRES (L -O) BY STEVEN K. RICKS FOR MIDTOWN SQUARE NO. 2 FOR LAND LOCATED SOUTH OF CHERRY LANE AND WEST OF W. 4T" STREET: Rountree: Is the applicant here? Come forth and it's not a public hearing so you don't have to be sworn, just explain what's going on and answer questions. ???: The project was actually built about four years ago and we platted the project as Midtown Square Park. In the process of obtaining long term financing this year — excuse me, it was platted as one lot, there are now four buildings on the lot and I've got long term financing in place for the first phase which consists of two buildings and as we're dealing with the lender, the lender wanted rather than a meets and bounds legal description on a portion of the one lot, the lender wanted us to subdivide it into a specific lot so it would have a lot and block number and it's the only thing that we're doing with this application because of the time frame as Shari said we could file for a preliminary plat and a final plat at the same time which she was kind enough to allow me to do and we had the P & Z hearing last week, there is no opposition all that we're doing is splitting what was once a one lot office park into a two lot office park so we can have a legal description for the lender. There were two or three very minor adjustments that Bruce asked for on the plat and those have been taken care of and resubmitted to Gary's office today so basically I just need the Council's approval so we can gather some signatures and record it. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 8 Rountree: Okay thank you, any questions? Bird: I have none. Anderson: I have none. Rountree: Of staff? Bentley: Gary, have they met all your requirements and no problems? Smith: Yes they have, no problems. Bentley: Thank you. Rountree: Any discussion? I need a motion for a request either to approve or deny the preliminary and final plat for the application. Bentley: Mr. President, I move we approve the preliminary and final plat for 2.67 acres for Midtown Square No. 2. Bird: Second. Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to approve the preliminary and final plat for subdivision Midtown Square No. 2. All those in favor? Opposed? MOTION CARRIED: All aye. ITEM #6: TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT: Rountree: Do you have any questions of Council on that or staff? Bentley: I have a question for the attorneys, if everything is in order on this? Prior: I'm going to be in a little bit of a disadvantage here, I don't have a copy of that in my file that was provided, I don't know if you — oh, maybe it is, excuse me, but I think it's best that Wayne address this because he prepared the development agreement. Crookston: Yes, I'm Wayne Crookston, I'm City Attorney for Meridian. I have gone over this development agreement probably three or four times, they've made the changes that I requested and I think it's ready to be adopted. Bentley: Thank you. Rountree: Any other questions? I need a motion. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 9 Bird: Mr. President, I make a motion that we accept the development agreement with the Turnberry Subdivision and that the Mayor to sign and the Clerk to attest. Anderson: Second. Rountree: Motion made by Councilman Bird, seconded by Councilman Anderson to approve the development agreement for Turnberry Subdivision. ROLL CALL VOTE: Councilman Bird — yea, Councilman Bentley — yea, Councilman Anderson — yea. MOTION CARRIED: All yea. ITEM #7: SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT: Rountree: Questions, council or staff? Bentley: Mr. President, I would ask the same question of the City Attorney as to whether this agreement has been done as in proper order. Crookston: I'm Wayne Crookston, City Attorney for Meridian. I have reviewed this Sherbrooke Hollows subdivision development agreement on two different occasions and it is fine, it's ready to be adopted. Rountree: Thank you Wayne. Bentley: Mr. President, I move we approve the Sherbrooke Hollows Subdivision development agreement, authorize the Mayor to sign and the Clerk to attest. I &T490 • N :I Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to approve the development agreement for Sherbrooke Hollows Subdivision. ROLL CALL VOTE: Councilman Anderson — yea, Councilman Bentley — yea, Councilman Bird — yea. MOTION CARRIED: All yea. ITEM #8: FINAL PLAT FOR SPARKLING SPRINGS SUBDIVISION BY SPARKLING SPRINGS DEVELOPMENT CORPORATION — SOUTH OF USTICK AND WEST OF N. MERIDIAN ROAD: MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 10 Rountree: Is someone representing Sparkling Springs Sub here? If you'd come up in case there's some questions. Holman: I'm the developer, my engineer's evidently running late or has some (inaudible) I'll try to answer any questions you may have. Rountree: We'll need your name. Holman: For the record it's Mike Holman, 1213 Alplar Boise, ID. Bird: Have you had a chance Mike to review these staff comments and stuff on the general comments? Holman: No, I haven't. Bird: They came out on June 9t" Holman: I haven't but I think the engineer would have brought something up if it would have been different from what we've been expecting. Bentley: Question for staff. Gary, on the site-specific comments have you or Shari's office received written response to them? Smith: Yes, we have. The response that we received from the engineer for the project indicates they'll comply with all of the requirements that we've set forth, our conditions. Bentley: Thank you. Rountree: Here he comes. Now the answer guy is here are there any questions for him? If you'd give us your name Mr. Eddy. Eddy: You guys are too fast today. Charles Eddy, what may I answer? Bird: You have seen the comments from the staff already and agree with them or have replied to them? Eddy: Yes sir, we have. There was — I need to hand out -- if you haven't seen it — the plat that we submitted the lot lines we're in the process of re -adjusting due to comments by ACHD concerning the new offset requirements for drainage ponds in the relationship to lot lines. If you look at lot 6 of block 3 which is in the far north west corner of the development there is a drainage pond there. Comments received back from ACHD required us to place our lot lines on the — or place the pond in relationship to the boundary on the north and on the west ten feet from the top of the pond to the boundary on the south ten feet to the lot line and on the east twelve feet for maintenance access. In doing that we made MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 11 several lots in block 3 substandard to size. To alleviate that and make the lots to the standard I shifted the north upper springs street to the east twenty feet, those two roads are not locked into any location to anything to the north, the land is vacant to the north. So in essence what has happened is we've shifted the lot lines in an east west direction approximately twenty feet. The dash lines indicate where the lot lines were originally on your submitted what you have in front of you. The lot lines that we show in the darker symbology are where we have them currently. We haven't lost any lots, we haven't gained any lots. What it's done is allowed the lots to become a better configuration, enabled the developer to place a decent house on the lot. Bentley: Mr. President, what has that done to your square footage size? Eddy: The lots are all above the 8,000 minimum range in the block 3 portion range from 8,500 — they probably average close to 8,500 and then block 4 and block 5 they're considerably larger due to the our distances from the north boundary are more than a hundred feet and they are a minimum 80 feet wide. Bentley: Okay. Mr. President, question for staff. Gary, have you had a chance to review this change? Smith: Charles brought it over tonight at about 5:15 and he talked to me earlier today on the phone concerning the requirement by the Highway District. I don't have any problem with the adjustment of these lot lines to conform to the requirements of the Highway District, we haven't seen any actual dimensions on the lots but Charles is aware that we do have the 8,000 square foot minimum, as I remember these lots were all exceeding that by a good amount in the beginning so the only lot that suffers anything as far as decrease in size is lot number one which is the first lot in off Meridian Road on the north side of the access road and I believe that was a landscape lot anyway so the building sites themselves have not changed in square feet appreciably. Bentley: Okay, thank you. Kenny, is there any problem with the Fire on these changes? Bowers: Mr. Bentley, President, and City Council, I had talked to Mike on the phone last week, we discussed the turn arounds for those two roads there and I thought it'd be better to take the — being only two lots long I thought it'd be better to take the turn grounds out of it, I thought it'd create more problems by putting the turn arounds in. I don't have a problem with this plot the way it is now. Bentley: Okay, thank you. Eddy: And to clarify, the turn around easements will remain in there, it's a requirement for ACHD, I've been in discussion with them today and their MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 12 indication to me is we can reduce the size that's shown on your plan, we can reduce them to a twenty -foot wide by thirty -feet from the edge of pavement which equates to 21 '/2 feet from the right-of-way. Bentley: Did you leave a copy of this for Clerk? Eddy: Yes, I did. Rountree: Any other questions? Bird: I have none. Bentley: I have none. Rountree: Okay, what's your pleasure? Bentley: Well Mr. President if nobody else has got any questions I'll move that we approve these amended final plats for Sparkling Springs Subdivision. Bird: I'll second it. Rountree: It's been moved by Councilman Bentley, seconded by Councilman Bird to approve the amended Sparkling Springs final plats. All those in favor? Opposed? MOTION CARRIED: All aye. ITEM #9: FINAL PLAT FOR THE LANDING SUBDIVISION NO. 10 BY A. LEON BLASER — EAST OF LINDER ROAD AND SOUTH OF FRANKLIN ROAD: Rountree: Is there a representative from — again, we could have done that by consent. Eddy: I'm doing double duty tonight. Charles Eddy. Rountree: Any questions of Mr. Eddy? Bird: Mr. President, Mr. Eddy have you had a chance to comment on the staff's comments and stuff? Eddy: Yes, we have. Bird: Everything — Eddy: Yeah, everything is in accordance and in agreement, we don't accept any of the conditions. Oh excuse me, there was one clarification that I have, on MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 13 number 12 of the site specific comments, the staff comment states please provide verification that the minimum house sizes meet ordinance requirements for the entire development. My question is what is defined by verification and entire development? Bird: What's the zoning? Gary, can you answer that question? Smith: I'll give it a try Councilman. I think that, I could be wrong but I think when The Landing Subdivision started out — well when Bruce Freckleton reviewed this he has different percentages of different size houses on here and I'm not sure that that's — although Shari and Bruce both signed off on that requirement, I don't recall that on an R-4 development that we had a breakdown for different house sizes, I know we did for R-8. I guess I can't explain that exactly, the ordinance now states that an R-4 zone requires a 1400 square foot home minimum. Eddy: The preliminary plat was approved under the old R-4 zone which was minimum 70 -foot frontages, 8,000 square foot lots however I don't remember the house size minimum. Smith: I'm sorry, I don't either, I'm not sure, I know there was a breakdown on percentage of house sizes for the R-8 zones, I don't know if that carried into the R-4. Bird: Mr. President, either one of the counselors, can they tell us? Crookston: Mr. President and Council, I don't recall the exact date when The Landing started but at some point and time minimum house size was 1350 square feet and I think that that applied to the R-4 zone. Rountree: That rings a bell with me for what that's worth but I can't swear to it and I don't remember that there was a mix for R-4. Crookston: I think what our ordinance allows now, let's say you're in an R-8, you have to make an election to have various size houses but I don't think that was done in the R-4 zone when The Landing was brought on. Bird: That sound logical Gary? Smith: Mr. President and Council members, that's the way I remember it too, I just don't recall a mix of homes being allowed square footage wise in an R-4 zone. I do recall it in the R-8 and I think there still is an option for the R-8 zone to mix your house sizes percentage wise. Crookston: That's correct. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 14 Eddy: So in regards to the staff comment, verification as I understand it would be submitting documentation on the previous zone that would allow us to put the house sizes that we currently show on the plat. Bentley: Mr. President, I hate to sit here and try to answer somebody else's questions and answers. Without Shari here and without Bruce here I don't know how we can pull from this what their intent was from this statement. I would offer a — we could offer up a motion that we could take and approve this subject to clarification of what item 12 is between staff and the developer and if they can't get it resolved then have them come back to us with it and maybe we can get a little more history on it this because all of us are in the dark as to what the situation is so if that's acceptable to — Bird: Is that a motion? Bentley: I will make it such. Bird: I'll second it. Rountree: Any discussion? Smith: Mr. President, Council members, I just noticed on the plat in the R-4 zones typically we have a note that states the house size shall be a minimum of so many square feet, that note is not on here however in the legend there is a reference to a minimum house size excluding garage on specific lot and that legend is a number that's in a box in the legend. Now on the plat itself each lot has that number in a box so they're indicating by that that, that is the square footage required on each lot, square footage of each house required on each lot and that's where Bruce Freckleton made the determination of the percentages of the 1,100 square foot, the percentages of the 1,200 square foot and the percentages of the 1,300 square foot homes so I guess from that standpoint I'm sorry that I didn't recognize that when I looked at it first but it is a designation of square footage on each lot and in the past there must have been a certain allowable percentage of each size home within the subdivision that's being platted. Bird: So that 1300 minimum doesn't apply here. Smith: Well apparently not on this subdivision. I can only say from the standpoint of what's been presented in the final plat that they would need to meet and verify that they meet I guess is the reason for that comment that they meet that square footage mix that's been previously approved on other phases of this subdivision as far as percentages. Bentley: Do you understand that now? MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 15 Eddy: Yes. Smith: Sorry, I overlooked that. Rountree: Mr. Crookston? Crookston: Thank you Mr. President and Council, I'm pulling this out of my hat if you will, but I don't recall that there was a way to have variable size houses in the R-4 zone. It may be in the ordinance but I don't recall that. Rountree: I think Charles is about to show us. Eddy: I'm in the dark too on this particular item. Rountree: Per your motion Mr. Bentley, do you want to withdraw it with a withdraw and second and maybe rephrase the condition? Bentley: We may have to yes. Bird: I'll withdraw my second. Bentley: I'll withdraw my motion. Rountree: Now that we're all sufficiently confused maybe Mr. Eddy can shed some light on this out of this fog. Eddy: You're putting a lot of pressure on me. I'm just referring back to The Landing No. 7 and seeing what we may have done with it. We didn't designate on the plat itself in such the way that we did on The Landing No. 10 or are doing. This one does have a mix, The Landing No. 7 does have a mix of houses however they are 1,300 to 1,400 on it. Bird: Is that an R-4 too? Eddy: It's the same zoning as the rest of nine Landings. Rountree: Same size lots, 70 -foot frontage? Eddy: Yes. Rountree: Okay. Bird: We can pass it on that condition if you guys want to but — and they can go ahead but I think we're — I mean our counselor over here's telling us that on R-4 they don't believe that we can do it. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 16 Bentley: We can put the restrictions on? Bird: That they can be that (inaudible) Bentley: Mr. President, I'd like to have a view from the counselor as to what their opinion is, you've stated that you don't believe that that is applicable? Crookston: I'd have to take a look at the zoning ordinance again but I don't recall that that's available in the R-4 zone. I can go take a look at the zoning ordinance book. Rountree: We could continue this discussion after about 8:30 if Wayne could get that resolved, if you don't mind waiting Mr. Eddy? Eddy: I planned on being here till 10:00 anyway. Bentley: We don't. Rountree: We're on a record setting pace — Eddy: I see that. Bentley: My personal preference is if we can get this ironed out tonight and get it out of here. Bird: I agree. Rountree: So I would — I don't know if we need a motion to just continue this for the next few minutes and just go on to the next item on the agenda. Just defer for consideration. Bentley: Yes, I agree with that. ITEM #10: FINAL PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION NO. 2 BY ENGLEWOOD CREEK DEVELOPMENT CORPORATION — WEST OF N. TEN MILE ROAD AND SOUTH OF USTICK: Rountree: Come on up. Tomlinson: Council members, my name is Richard Tomlinson, I work with Hubble Engineering, 9550 Bethel Court in Boise, Idaho and I'm very happy to be up here this soon. Rountree: Any questions for the engineer? Bentley: Have you reviewed the site specific comments? MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 17 Tomlinson: Yes, I have and I sent a letter off on Friday, hand delivered it to the City, basically I agree with everything that staff has recommended so if those are the only things that needed to be considered. Bentley: Question for staff. You may as well just keep it there Gary. Smith: Mr. President, Council Members, Rich has responded in the affirmative to all of our requests and I don't think there are any points of dissention here so — Bentley: Thank you. Rountree: Any other questions? Bird: I have none. Bentley: I have none. Rountree: I'm going to ask a question of Gary. I know in some subs where we've had potential nuisance situations come up, case in point was the horse stable and subs off of Meridian Road that we had the developers put signs at the end of that subdivision indicating that this was agricultural and don't bother the horses and that kind of thing. I don't know that we've had any complaints from the development that's occurred on the corner at this location but I'm wondering if it might not be to our advantage to have a note on the plat and potentially ask the developer to put a sign in the area that they are adjacent to the Meridian Sewage Treatment facility, has anybody given any thought to that? Just a forewarning because you know what kinds of complaints are potentially going to come out of that. Smith: Yes, sir. Mr. President, Council Members, I guess we haven't given any thought to actually signing the subdivision, I've always made it a practice to make that common on the public record that everybody realizes where this subdivision is in relation to The Wastewater Treatment Plant and I know the plat is a good place to put things as far as notes and notices and so forth and I try to keep the plat as clean as possible and utilize it as a survey document because that's really what it is but I also understand that that is probably the only thing that — or that and the covenants are the only things that the property — the people that purchased the lots actually see and they may not see the Wastewater Treatment Plant a quarter mile to the north and a little bit to the west physically. Rountree: I just point that out to get it back on the record. Smith: Yes. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 18 Eddy: Were there on the previous subdivision — this is the first phase that we've worked on in this particular subdivision but we're — the Englewood Creek Estates No. 1 were there some people that had called and complained, I didn't know that that might be a problem. Yeah, I'd rather try — if we could work something into the CC&R's that seems like it might be — you know, you can actually word something in there a little better, if we had to put something on the plat I mean if it would help us tonight I'd sure look at putting something on the plat, I don't know when it gets to John Priester's office if he reviews those and what he has to say about things like that, I'd have to talk with our surveying department and what kind of information is essential to the plat and what's kind of — Rountree: Just understand the situation that's been discussed. Eddy: I understand, I certainly do. Rountree: Any other questions? Bentley: I have none. Bird: Mr. President, (end of tape) — approve the final plat for the Englewood Creek Estates Sub. No. 2. Anderson: Second. Rountree: It's been moved by Councilman Bird and seconded by Councilman Anderson to approve the final plat for Englewood Creek Estates No. 2. Discussion? Bentley: Is that running, I heard it click. Rountree: It went the other way, it did what it's supposed to do. Bentley: Well I didn't see a tape in the other side is why I asked. Rountree: I have a motion and a second. All those in favor? Opposed? MOTION CARRIED: All aye. Rountree: Wayne, do you have an answer for us? We'll go back to item #9, final plat for The Landing Sub. No. 10. Crookston: I don't know when The Landing started but this ordinance was passed or it was amended in 1992. The way that our ordinance now reads is that in the R-4 zone you have to have 1,400 square feet, now there may be a MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 19 question as to when this started out, there's no doubt about that but that's how our ordinance reads now, 1,400 square feet. Rountree: And our current ordinance was passed in 1992? Crookston: The way that it reads now was passed in 1992, I'd have to go back and look on my computer to know how it read prior to that. Bird: When was The Landing started? Crookston: That I don't know. Bird: Mr. Eddy, can you — Eddy: I can't tell you the date but it was prior to 1992 1 can almost assure you that. Crookston: It could be. Bird: I think you're right. Bentley: I'm looking for something with a date on it but I can't find a thing. Rountree: I don't think there's anything on the application. Eddy: I don't have the recorded plat of #9 in front of me but I do have a photocopy of that and there is a mixture of 1,100, 1,200 and 1,300 square foot lots on #9, again that doesn't tell us anything for sure but — Bird: Is there a date on it? Eddy: Number nine was recorded August of last year. Anderson: Wayne, my question is if something is started for development after a new ordinance is passed would it have to meet the new ordinance then? Crookston: It does not have to do that, I was just looking over here on an opposite page that indicates that particular ordinance on that page was passed in 1988. Rountree: Ten years ago. Crookston: But the entire initial ordinance was passed in 1984 and how it read at that time and how it read prior to 1992 1 don't know right now. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 20 Rountree: Any more discussion? Smith: Mr. President, I think there has been a precedence set here in terms of the square footage of the houses that have been allowed within the subdivisions of the previous phases, I can't tell you for sure what that precedence is, what the percentage mix is but I think that Charles is referring to The Landing #9 indicates that there was a mixture then in #9, the way the plat was presented for #10 the intent was to have the mixture there. I think the reason for this comment by Bruce and Shari was to verify that the percentage mix is in accordance with what had been established in the previous phases, I'm maybe reading between the lines here but I think that's what the intent of their comment was and apparently at the time they reviewed this they weren't sure that that mixture, that percentage was the same as what it had been in the past. Now the previous plat with the mixture of home sizes has been approved by the Council at least on #9 for sure and I don't know how far back this goes but — Eddy: Would the comment be better suited if it was to say please verify the minimum square footages within The Landing #10 development meet the applicable zoning ordinance prior to signature by Gary Smith. Bird: Mr. President, I think if we read that close I think that their comment is like Gary said you read that through and I think they just wanted to make sure that the house sizes meet the ordinance requirements for the entire development and I take it that #9 and all the rest of them is included in that entire development. I think the plat was presented this way and the other previous ones have been done. Rountree: Glenn? Bentley: I'll go back to my original motion. I still feel that I'm not willing to sit here and second guess just like Gary said he didn't want to second guess either and I think that we could pass this pending the clarification of staff with Charles Eddy as to what the total meaning of twelve is so that if there's any confusion they can bring it back to us so I would offer that motion again. Bird: And I would second it again. Rountree: It's been moved and seconded by Councilman Bentley and seconded by Councilman Bird to approve the final plat for The Landing Sub. No. 10 with the condition that there is a resolve as it relates to the percentage of various size square footages within the lots within the entire subdivision. All those in favor? Opposed? MOTION CARRIED: All aye. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 21 Rountree: Department Reports, Gary? Excuse me, Gary if you don't mind I've got Steve Youngerman here who's got an issue that he wants to bring before Council. Bentley: Is it hamburgers? Rountree: No, brewskies. Youngerman: Do I have to be sworn in or anything? Bentley: Just say who you are. Youngerman: I'm Steve Youngerman, local entrepreneur. I was approached about a week and a half ago to do the Meridian Dairy Days street dance which was an event that they'd had down in front of Bill and Lynn's, it was sponsored by Remax Realty and when those guys moved it was kind of let go and I realize this is kind of the eleventh hour to talk to you guys about this but — so the first person I called was Chief Gordon because I thought that that was you know a good guy to talk to and he said that he thinks that the operations I run are good, clean operations and he was willing to let us do that. We want to do the street dance on the old Lumberman's site. We've lined up a band, we've got a co-sponsor, Arch Paging which is a new business that is moving to Meridian, it's going to be a free event, we've got a fifties, sixties, seventies rock and roll band called The Corvairs lines up. There will be beer as well as soft drinks. Anyway, and then talked to Mayor Corrie and he thought I should broach the subject with you gentlemen and see what we thought about it. We would control it so that there wouldn't be any violation of the open container law in the city, it would end at 11:00 p.m., 7:00 to 11:00 and I don't know if you have any other questions, there's probably something else I should have told you. Bird: This Saturday night? Youngerman: Saturday night the twentieth. Rountree: At least that's how it's advertised. Youngerman: Well I don't know if they're advertising it yet but this is one of those deals that we kind of pulled out of our hat so anyway. Bentley: Have you talked to the residents down there by the truss place? Youngerman: Well I don't know if there are any residents, the one thing about that site is that there's — Bentley: There is down by Valley Truss. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 22 Youngerman: Is there? I haven't — I mean this is one of those deals where somebody brought it up and I said I'd take a stab at it and see what we can do. You know one thing about is it's a Dairy Days event which is downtown which is kind of rare, it'll be a free event because we've got a good co-sponsor and you know I don't want to have any — I mean I don't want to even think about what happened at Eagle Days last year, nothing like that's going to go on, we've got a fence enclosure so we can make sure we don't have any violations of the open container law, my liquor license is valuable enough to me that we won't over serve people so — and I've never heard this band but the people I've talked to about them say they've got a pretty wide appreciation amongst a lot of people so anyway I just thought a couple of things, I'm a business man and it's a chance for me to make some dough but at the same time it's an event for downtown Meridian during Dairy Days and you know last year — and not to say anything bad about Dairy Days but last year it almost seemed like the only thing that was going on at Dairy Days was the carnival, I don't know how much of that money stays in town but not very much of it so anyway — Anderson: So you're proposing doing all of this back in the fenced area, back where the lumber storage was, that's where the band will be? Youngerman: You bet. Anderson: And then are you going to put on extra security people or how are you going to police that? Youngerman: Oh yeah, we'll — I mean you've got one entrance and egress, we'll have ports -potties and we'll make sure that no boos gets out. Bentley: Can you have the band face their speakers so it's away from the residential track? Youngerman: Yes, I'll have them face towards First Street. Bentley: That would be helpful. Bird: There's enough buildings around there that should be a — Youngerman: Yeah, and again one of the things when I talked to Chief Gordon he says you've got to shut it down at 11:00, 1 have no problem with that, that's past my bedtime anyway so — Rountree: Any other questions? Bentley: I have a question for Wild Bill. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 23 Musser: I'll see if I can answer it for you. Bentley: You've been apprised of this request? Musser: I had a brief discussion with the Chief and with Lieutenant Bowman and I think that was at least a week if not a week and a half ago, at that time Lieutenant Bowman and I did voice some concerns as to the open container access between three bars and where we would have a street dance also with a catering permit for alcohol within the same block area, we felt that that was an issue that needs to be addressed, I hear Mr. Youngerman stating that those concerns were brought to his attention so as far as that that's about the only information I really have in reference to this request at this time. Youngerman: Well this fence setup really kind of lends itself to this deal so and we would have created some sort of a — but it's just kind of there so — Bentley: Right, but he brings up the point of people coming across the street with liquor — Youngerman: Yeah well I know that we do everything we can to make sure at Harry's people don't walk out the door with a beer or drink in their hand, I can't speak for the other owners but we would do everything we could. Bentley: So it's a free event but it caters to adults only? Youngerman: Well it caters to adults, there's got to be some way that it's an all ages event, I've got to figure that out and I — I don't know where that — Anderson: You'd better hurry, Saturday's getting close. Youngerman: I know, well you know I kind of — the best way to do these things is kind of pull them out of your hat but — Bentley: Another guy with a hat. Youngerman: I know, it's a big hat let me tell you. Bentley: Okay, thank you. Prior: I've got one question for you. Did you obtain any necessary permits from Youngerman: I've got a catering permit right here that I was going to give a check to the City for so I mean like I said the first thing — MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 24 Prior: I guess my question is about your particular liquor license. Who's liquor license is going to be used for this thing? Youngerman: It would be off Harry's. Prior: Now does your liquor license enable you to serve alcoholic beverages outside the premises of your thing, I don't recall the Idaho Code, I think there was something saying that it's limited to the premises of your — Youngerman: Yeah, but I'd just be doing beer and I think the beer is controlled by the City and the City will give you a keg permit. Anderson: Beer's controlled by the City. Youngerman: We wouldn't be doing — Bentley: He has to get a permit from the City. Youngerman: Yeah and Will Berg gave that to me today and so anyway. Rountree: Chief, do you have any life safety issues? Bowers: How about our events coordinator here? Kuntz: This is the first I've heard about it and I really don't care to comment on it. Youngerman: Well next if we do it we'll try to maybe think about it more than a week ahead of time but like I said I got approached about it just about a week and a half ago. Bentley: Well this isn't the first time they've walked in the door two days before on the same event either — Youngerman: I don't like doing that but — Bentley: I understand this was just handed to you but we gave a pretty stern warning about doing this two years ago, walking in the door on this thing. Youngerman: What Chief Gordon said was that he was never in favor of the one down at — I don't know what you call the place across from Cherry Plaza but that there'd never been a problem and his feeling was that we do it, if it was a problem we'd talk about that for next year. Bentley: Okay, thank you. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 25 Rountree: Any other questions, comments, discussion? Bentley: I have none. Rountree: Motion? Bird: Mr. President, I make a motion that we allow this street dance to go on and to — I don't know if we need a motion for the catering license or not that's just a law so I just make a motion that it goes on. Rountree: Motion's been made to approve the request for Dairy Days street dance at the old Lumberman's site on the corner of East First and Broadway. Motion made no second. Bentley: Second. Rountree: Motion was made by Councilman Bird, seconded by Councilman Bentley to approve the street dance at the stated location. All those in favor? Opposed? MOTION CARRIED: Two in favor, one opposed (KB & GB, RA). Bentley: You do have the right to vote, you don't lose your right to vote because you're sitting — Rountree: I know that but what do you do in the case of a tie? Bentley: She votes. Rountree: (Inaudible) Okay, now Department Reports, thanks for waiting Gary and department heads, Steve you've been warned. ITEM #11: DEPARTMENT REPORTS: A. GARY SMITH: 1. TWO PARTY AGREEMENT BETWEEN ACHD AND CITY OF MERIDIAN — NW 8T" STREET PARKING AND DRAINAGE SYSTEM. Smith: Council President, Councilmen, the first item I have is a two party agreement between ACHD and the City of Meridian on our drainage and parking lot improvement at the north end of northwest 8th Street. This agreement submitted to us by ACHD and it's been reviewed by Wayne, on page 3, the second line under item #3A, 48% is the number that was added there to MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 26 delineate the involvement of the district in the cost of the improvement of the drainage section for this project and that was Wayne's suggestion that that be added, I've talked to Darryl Hansen at the Highway District and he concurs that that's fine but this is a vehicle to permit the Highway District to reimburse the City of Meridian for 48% of the cost involved in the storm drainage segment of the parking lot improvement, it amounts to about $12,000.00 reimbursement. Anderson: Is that pretty much what we were expecting when we started the project? Smith: Yes sir, the engineers estimate was pretty close to that. Rountree: Any other questions for Gary? :IToMIITV03AL7it-3 Rountree: We need a motion. Bird: Mr. President, I move that we accept this two party agreement for the parking lot pipeline and retention basin construction on northwest 8th Avenue in Meridian and for the Mayor to sign and the Clerk to attest. Anderson: Second. Rountree: Motion made by Councilman Bird to approve the two party agreement and seconded by Councilman Anderson. ROLL CALL VOTE: Councilman Anderson — yea, Councilman Bentley — yea, Councilman Bird — yea. MOTION CARRIED: All yea. 2. CONTRACT WITH CIVIL SURVEY CONSULTANTS FOR PUMP AND PUMPHOUSE AT WELL NO. 19. Smith: Thank you Mr. President, Council Members, the second item I have is a contract request for the design and the construction coordination of the pump and pump house for well #19 located in Englewood Creek Estates Subdivision on Lot 1 Block 5, Civil Survey Consultants of Meridian is the engineering firm that has presented this proposal to us and Civil Survey has been doing our pump pump house projects for well house #15, their scope of services is virtually the same as what they have provided in the past, they have proposed a time and materials contract with a not to exceed amount of $11, 774.50. We would utilize as much of the details as exists on the previous well houses that would be appropriate for this one so we're not doing something over twice and they've also estimated a fee for their construction services to be approximately $8,803.50, MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 27 that would also be on a time and materials basis as their services as needed for that aspect. They have done a good job for us in the past, they are very responsive and they put out a quality set of bid documents and they're very thorough. Rountree: Questions? Bird: Yeah, Mr. President, the $8803.50, is that not to exceed or is that just an estimate? Smith: That's just an estimate Councilman. I think that the — their location here in Meridian, they don't spend a lot of time getting to the job and back to their office and with the experience that they've got in the previous projects, every project seems to have it's own little peculiarity but continuing to refine that particular type of project I don't expect to see very much out of the ordinary expenses beyond what they're estimating it will take but we'll do as much in house as we can in terms of the contract administration. Bird: Gary, this $8,803.00, is this yours or their estimate? Smith: That's their estimate. Bird: And you've had no problems with — I mean these guys are — Smith: They've been very fair, their chargeable rates I would say in comparison to other consultants they're not significantly less but they're noticeably less per hour and they only have a four man shop so they don't have a high overhead to contend with and they're all project involved people they're not administrative overheads. Bird: Mr. President, you're asking for a contract for this service? Smith: Yes sir, approval of this proposal. Bird: I move that we accept this proposal as it's stated with one not to exceed $11,774.50 and the other one approximately $8,803.50 and for the Mayor to sign and the Clerk to attest. Rountree: Motion made, second? Bentley: Second. Rountree: Motion made by Councilman Bird, seconded by Councilman Bentley to approve the well #19 contract proposal for $11,774.50 not to exceed for the engineering work and $8,803.50 estimate for construction engineer. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 28 ROLL CALL VOTE: Councilman Bird — yea, Councilman Bentley — yea, Councilman Anderson — yea. MOTION CARRIED: All yea. 3. CONTRACT WITH CIVIL SURVEY CONSULTANTS FOR WATER & SEWER LINES IN MERIDIAN AND FRANKLIN ROAD REBUILD. Smith: Thank you Mr. President, Council Members, the last item I have is a contract again with Civil Survey Consultants for construction surveying for the Meridian Road / Franklin Road sewer and water installation as part of those two roadway rebuild projects. At a side note, the Highway District opened bids let's see, I want to say it was on the 10th, six days ago and they have a low bidder, Boise Paving is the contractor for the project and there are three piping contractors that will probably be working on the project for our end of it, for the sewer and the water. Combined bid for sewer and water was $394,000.00, we'd estimated $450,000.00 so it came in somewhat under our estimate. This contract as part of the two party agreement that we presently have with the Highway District, we have to provide the construction staking for the sewer and the water line installation. In this contract proposal from Civil Survey will do that work, they will stake the sewer, the water main lines for construction and they'll stake sewer service connections and sewer stub outs from the manholes for time and materials, estimated cost of $5,200.00. They were by the way the designers of the sewer and water project for us in that roadway project. They did the design originally. Rountree: Questions? Bird: I have none. Anderson: Mr. President, I make a motion that City Council approve the agreement for professional services with Civil Survey consulting for the staking of the sewer and water lines on the Franklin Road improvement, the Mayor to sign and the Clerk to attest. Bird: Second. Rountree: Motion made by Councilman Anderson, second by Councilman Bird to approve the consultant professional agreement for construction survey staking for sewer and water lines. ROLL CALL VOTE: Councilman Anderson — yea, Councilman Bird — yea, Councilman Bentley — yea. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 29 MOTION CARRIED: All yea. Smith: Thank you Mr. President, Council Members, I have a invitation to bid for Generations Plaza that I'd like for the President of the Council to sign so we can get it in the paper. Rountree: Good job! Bird: Can't we hold it up any longer Tom? Kuntz: You can. Rountree: You can if you want. Kuntz: Sure. Bird: I just got ate alive yesterday by them guys over that. Smith: It's been a wrestling match for my Assistant Engineer Brad to coordinate the plans that were prepared by several different people and get a set of plans that could be set out for bid so that the contractors could build it and we're still not real comfortable with it but it's going out the door so — Rountree: First off, please extend our appreciation to Brad for the time he spent on this, I know he did a lot of extra work on it and he got a lot of different direction and etcetera. Smith: I will do that, thank you. Crookston: Mr. President and Council, Tom, did you talk to Mr. Thierhouse? Kuntz: No I didn't, I talked to someone else (inaudible) Rountree: (Inaudible) we have the easements. Crookston: We have the easements? Rountree: We don't? Crookston: No, we don't. Bird: You don't have the utility easements yet. Crookston: We don't have the construction easement or the electrical power line easement. I have been dealing with Mrs. Thierhouse's attorney and he told me MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 30 the other day as I told Tom that she was not going to sign it because she had an offer to buy the property and she didn't feel that she should sign those easements until that sale was done and so the new buyer would be the person that we'd have to deal with. Rountree: Shed some light on this because I know you have a little bit. Kuntz: I pursued Betty Thierhouse and Eric Thierhouse in the last couple of days and was not able to talk to either of them so I contacted who I thought was the potential buyer of the property Mr. Holloway. I spoke with him today and he actually has the easements in his hands and would like to talk to the committee responsible for getting the construction package put together and we have that meeting planned for Wednesday and we'll be discussing the easement and some other issues. Bird: Yeah but he can't give the easements if he hasn't bought the property. Kuntz: Understand. Rountree: Did he give you a time line on that? Kuntz: No, he just said that he just got them and that he was looking at them, he had a couple questions for me and I answered those questions and left messages with both Betty's home answering machine and Eric's place of work so Rountree: How long do you expect this bid to advertise? Smith: I think we've got a begin advertisement on June 26th and isn't it a open on July — I don't remember the date — July 23rd Rountree: July 23rd Bird: I make a motion that we go ahead with the advertisement (inaudible) we can always extend the bid if we get down to the end of it, it's done all the time in government entities to extend the bid but let's get it out there and get the people working on it for criminy out loud. Bentley: Second. Rountree: Motion made by Councilman Bird, seconded by Councilman Bentley to get the bid out. All those in favor? Opposed? MOTION CARRIED: All aye. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 31 Rountree: There you go. Thank you Gary. Tom? Kuntz: Acting Mayor and City Council, just a couple of items, one just for informational purposes, as part of Dairy Days the Meridian Merchants Association will be hosting events in our Storey Park, included in those events will be food vendors, entertainment, children's activities, arts & crafts vendors and educational. We've been working with them for about two weeks now to coordinate the effort and to establish a fee to cover our costs as far as garbage staffing levels and those type of things, so I just wanted to make you aware that this is happening this Friday from 12 noon until 9 p.m.. Tully Park update, we'll be starting to put up fencing, the fencing company will be out on site tomorrow and they will start setting their posts for the fencing. I know that the parking lot and the street widening of Linder is ready to be paved, my understanding is that that will be paved next week so we're off and running at Tully Park, it's kind of exciting. I brought a form with me that may be something you want to consider for the street dance. It's a citizen's use permit application, this one is for Dairy Days and it's primarily for the parade but it does have some verbiage that might become useful if the dance gets out of hand. One of the paragraphs read, upon my/our failure to provide adequate security I understand that we be liable for any reasonable fee from the City of Meridian for providing these services. It's also a hold harmless thing and it might be advisable to have something like this even though it is on private property, just a suggestion. Anderson: Has it been reviewed by legal counsel? Kuntz: This one was approved by Ada County Sheriff's Department, Meridian Fire Department, Meridian City Council, Keith Bird, ACHD, Meridian Police Department and then it was signed by the Mayor. Bird: That's just the permit for — Anderson: No, I mean your proposed agreement thing that you're talking about, has that been looked at by any legal counsel people to -- Kuntz: Which proposed agreement? Anderson: The one you were just reading off. Kuntz: This one? Anderson: Yeah. Kuntz: It's a standard form. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 32 Bird: That's a standard form Ron that you can get (inaudible) race or use in the streets but we're going on — that's a private property. Prior: I'd like to make a point while we're on the subject of this dance. Obviously you folks are under a different impression when we were talking about and I inquired about the necessity of obtaining a beer license and a number of you noted that it's not necessary, that it's covered by a municipality and I disagreed with you at that time, I should have voiced a stronger concern about that because I went back to my office and pulled the particular title 23 chapter 10-09 and I'll quote this from this particular section that says, "said licenses and this talks about retailers local licenses to sell beer to the general public, said licenses shall at all times be prominently displayed in the place of business of the licensee and shall be issued only for the particular premises described therein." What it says folks is that contrary to what we just told that gentleman beer licenses are only supposed to be for the sale and that was my initial inclination and when I passed that beer, wine and liquor license I recall coming across this, I probably should have spoke a little more but beer licenses are only supposed to be for the particular premises that are described in the license and that folks this applies to a county as well as a municipality license, so bar licenses are specific to the premises described in those licenses and it's not something that a person who wishes to use that license can go out and apply it to a parking lot across the street from his premises. Bird: Where do you get your catering laws? They're broken all the time then if that's the truth because you don't go get a license just to have a catered event — Prior: What you do is you obtain a catering license from the (inaudible) Bird: That's just exactly what he was doing through the City of Meridian. The City of Meridian — Prior: What I'm saying though is you may have to obtain a catering license from the county as well and I don't believe he's done that and if we follow what state law says here it says that license — he's basically testified that his license — he's using his beer license for his premises to sell beer at that thing, he can't do that under Idaho Code. Bird: He can if he gets a catering license. Prior: Okay, he can get a catering license — Bird: And that's what he'd getting and a catering license don't — Prior: From the City of Meridian. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 33 Bird: From the City of Meridian, if it was hard liquor then he has to go through the whole route. Prior: So what you're saying then is you're telling me that contrary to what it says in this code this guy doesn't need to get a beer license, is that what you're telling me? Bird: He needs to get a — he doesn't have to get a new beer license, he has to get a catering license. Prior: Well I just want to let you know that I disagree with what Councilman Bird says in this regard because I think it says something contrary to that but entirely it's you folks to make the decision. Bentley: Mr. President, Bill, when we have these events around town and the City Clerk has us sign off on beer and wine permits I believe they are. Musser: Mr. President and Mr. Bentley, in reference to the discussion that's ongoing that's exactly what the City does is the City ends up approving on a catering permit where the license it's on and established a premises can be moved off temporarily for that period of time which has been approved, that falls under the municipality exceptions under the state code and allows them to be able to do that but it has to be approved, it has to carry stamp during that time and it doesn't apply to hard liquor, that one requires all three permits to be routed through, it can be state, county and municipal. (Inaudible) Musser: The question that I'm hearing from the counselor is that whether or not the County needs to be involved, where it's strictly municipality it's my understanding on it and the way we've done enforcement in the past that the municipalities have that overriding authority to be able to do it within the confines of their incorporated city limits, if it was outside the incorporated city limits and the license was held by somebody within the city limits, then they would have to apply for that in the County and also probably notify the City that they were going to be out of their premise during that time. Prior: That's not what this says. It's up to you, I mean you can ask Wayne if you want but I'm telling you that's not what this says, you folks do whatever you want. Bird: I just have gone off of Counselor that we have done it this way and my understanding has always been that as long as we stayed within the city limits of Meridian the local license can be used as an off premise catering for a certain amount of time, I mean you can't take it off for a year or anything like that then if MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 34 they go out in the County then you have to have the County approval too but unless the law has changed that's the way I'd always understood it John. Bentley: Mr. President, since we've got two different trains of thought on this maybe it would be appropriate for City Attorney's office to contact the A.G.'s office and get a rating from them. Bird: I would second that. Rountree: Motion made by Councilman Bentley, seconded by Councilman Bird that we address the concern as to the level of authority that the municipality has with regard to issuing a temporary beer license for catering purposes within a municipality without the authorization from the county. All those in favor? Opposed? MOTION CARRIED: All aye. (Inaudible) Kuntz: Just a point of clarification for me, the special events ordinance that I'm working at, I was assuming did not pertain to private property, is that correct or not correct? Do you want it to apply to private property also? Bentley: Yes. I know in conjunction with the Chief I think if you talk to him he's going to say yes because one of the reasons on some of this stuff was the original dance so I would say clarify it through him whether he thinks it should be applied to both and then the Council can make a decision whether it applies to both. Kuntz: Okay. The last item I have is just some direction. The High School tennis courts are in need of repair and I pulled out the joint service contract from those courts and it doesn't state anything as far as financial sharing in repairs of those courts. The repairs necessary are fairly substantial, I've received two to three estimates and they range from a low of $60,000.00 to a high of $80,000.00 and I guess I just need some direction either tonight or the next planning meeting as to what if any commitment you'd like to see the City make towards repairing those courts. Rountree: Any questions? Anderson: I'm not familiar with it so tell me how does the City use the tennis courts, do we do that through our Recreation Department or — Kuntz: The agreement was that once the courts were built is that the City would be allowed to use them, city participants would be allowed to use them, after MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 35 school activities are using them and actually in the agreement it states during the school year and then in the summer months that we would maintain them, including the restroom area so June, July and August we maintain the restrooms and the tennis courts September through May they maintain them but there's nothing in the agreement that really addresses repairs to the courts. The original courts were built according to this agreement built by the School District although it appears that they received some grant monies through the State Parks and Recreation but I can't find anything verbiage on the amount of cost or how much the grant was or anything to that affect so — Anderson: Are these just the ones at the High School, it doesn't include the Middle School, we don't have use of those? Kuntz: Yeah, no, it's the six course at the High School. Rountree: Has the school indicated a willingness to participate? Kuntz: They have. The offer that they're pursuing is that it would be a 50/50 split and they have budgeted $24,000.00 and I've talked to the Superintendent and they're willing to up that to cover their half of the repair costs and I can go into the repairs if you want to but I — Anderson: Are the repairs in the form of concrete or paint and nets and fence or what are they? Kuntz: They're in the form of fabric, sealing the cracks, fabric two-inch overlay, repairing one corner of the southwest corner needs to be dug up, roots removed and blocked and that area patched and then the fabric and then the overlay and the new coating. Anderson: What is the fabric you're talking about? Explain that to me. Kuntz: It's a fabric that would keep the cracks, hopefully keep the cracks and moisture from working it's way up into the new asphalt, I'm not an asphalt man so (— Anderson: You'd know what it is. Rountree: Yeah, it's a engineering fabric, technical fabric, it keeps the cracks that are existing in the pavement or paved surface from reflecting up through into the new. At least that's what they say it does. Bird: How much does it cost to put in a new one? MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 36 Kuntz: A new court would be a completely brand new court taking the existing fencing down, rebuilding those courts would be about $80,000.00 so the low is $60,000.00 with the overlay and eighty for the — Anderson: So those courts are asphalt, they're not concrete? Kuntz: No, they're asphalt. Bird: They are in bad, bad shape. Kuntz: And the reason I'm bringing this to you now is the School District would like to get this done during the summer months instead of waiting until fall. I haven't discussed with them the idea of them paying for the entire project with reimbursement from the City out of our 98-99 budget so that would be one consideration. Rountree: That might be something that we have to look at. Bentley: I think that would be what they'd have to look at. Bird: Yeah, you don't have that extra money in there, do you Tom? Anderson: If he did he would have bought some land by now. Rountree: As I recall, the line item budget for maintenance of the tennis courts is $1,000.00. Bentley: You left some zero's off didn't you? Kuntz: We have money in the path project. Rountree: Not since they just signed that okay to bid because that money's going to pay for that. Kuntz: But I think they would need a pretty firm understanding that we would — there would be a reimbursement from the City before they would enter into an agreement like that, that's an issue I can address with them if you'd like. Bentley: I have a question. What's the difference between that and their softball fields at all their schools? Kuntz: I would say the tennis courts are limited in the number that they're on the City (end of tape) -- that there is a larger user group of tennis and a larger age grouping than softball players so if your question is why wouldn't we participate in the construction of their softball field and we would participate in the construction MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 37 of their tennis courts I think the tennis courts benefit the community as a whole versus the softball fields are for a select group. Bentley: Okay. Rountree: Any other questions? Anderson: Not a question but a comment is I guess that until we get into the budgeting process I don't see where we can make a firm commitment on anything at this point. Rountree: We'll talk about that in a budget planning session soon. Kuntz: Thank you. Rountree: Anything else Tom, that's all? Kuntz: Nope. Bentley: Oh, I have one for you Tom. You could take it over there. I asked Gary a question here about a week ago about the light on the back side of the maintenance shed over there at the restrooms at Tully, is that light going to shine down or is it going to shine in the backyards of the people. Smith: I talked to Brad about that and he was checking the fixture to make sure what the light dispersion was on it but I did pass your comment along to him with the understanding that we didn't want the light shining into those backyards. Bentley: Okay, thank you. Rountree: Thanks Gary. Musser: Mr. President and Council, I have nothing to report for the Police Department this evening. Rountree: And I'd like to officially welcome Brad. Hawkins -Clark: Thank you. Rountree: It's your opportunity to report. Hawkins -Clark: Well, with six days in the seat — no, I look forward to the chance to work with you. Rountree: Welcome aboard. Kenny? MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 38 Bowers: Mr. President and Council, next week you will be seeing fireworks, tents and booths being set up so it's that time of the year again, the only thing we hope is that it stays raining or cold weather. The other thing I had is I would like to thank the Council and the City for allowing us to go to the seminars from Blakeslee and Associates, it has been very worthwhile I believe, the department heads we have sit down and worked in committees and everything was very free and open and we talked about you guys quite a bit and I'm sure you guys will hear about it from Blakeslee and she had a lot of stuff for us to consider, to work through from you guys so I think it was very worthwhile to go through. Thank you. Rountree: Thank you. Mr. Crookston, do you want to present the request on Mr. Max or do you want me to just handle that as my item? Crookston: I think that you can handle that as your item, it's — I've certainly read it but it's the Council that needs to take the action on it. Rountree: Okay. Mr. Bentley, I know we're getting really close but I need a five minute break. Bentley: Oh, okay. Bird: I make a motion that we adjourn for five minutes. (FIVE MINUTE BREAK) Rountree: Mr. Bird? Bird: I have nothing. Rountree: Mr. Bentley? Bentley: I have nothing. Rountree: Oh man, oh man. Bentley: But I'll think of something. Rountree: Mr. Anderson? Anderson: Councilman Bentley and myself met with the Firefighter's Union — was that last week or — Bentley: Last Wednesday. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 39 Anderson: Last Wednesday and worked about halfway through the contract and we've got another meeting scheduled for July 8th and it was a very positive meeting and things are moving forward on that front and that's all I have to report. Rountree: Well I'm sorry gentlemen but I have a laundry list. Bentley: Do we need to take notes? Rountree: IEC, what do we want to do? We did not get to that last meeting and we were going to, do we want to pursue a membership with them? Bird: Charlie or Mr. President I'm sorry — Rountree: That's fine, I know who I am. Bird: I think being from a company that's been involved with it for thirty some years I think it's money well invested, they can do about anything for you from municipality or for a private. I would like to pursue, see the Council pursue a membership into it, talk to them about some contracted stuff to do, they could do for us and I'd like to see what the other guys — what you other councilmen think of it too. Rountree: Mr. Bentley? Bentley: I think it's something we need to look into and I have one thing to add, in fact I have two items but I'll take care of this one because it's the same one right now, we tentatively had them scheduled for the 30th to come back and talk, she would like to change that to the Council meeting July 7th and come in maybe at 7:00 or whatever we desire. She passed that on to me yesterday at the APA meeting. Rountree: Okay. Mr. Anderson? Anderson: I've been looking through their literature and I like the services they can provide and it sounds like it would be pretty cost effective and it's something that our department heads could draw on as a resource and it would help us out considerably so I would think that it would be a good move for us to join them. Rountree: I concur, I think that they have some services for a relatively minimal fee that are available to us on human resource kinds of activities and some things we certainly need so I would entertain a motion about membership. Bird: Mr. President, I would move that the Meridian City get a membership into the IEC, the Idaho Employers Council, and have the lady come and talk to us on tH July 17 MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 40 Rountree: Time certain, 6:30, maybe a little better? Bentley: 7:00 1 think would work better. Bird: 7:00. Rountree: I have a motion, do I have a second? Anderson: I'll second it. Rountree: Motion made by Councilman Bird, seconded by Councilman Anderson to have City of Meridian enter into a membership with IEC and to invite Candy Weaver to and put Candy Weaver on the City's next City Council meeting July 7t" at 7:00 p.m. The next item I have is I've had several calls from Greg Johnson's fellow with Westpark Subdivision, if you can recall — Oh, did we not vote on — oh, excuse me, I'm trying to beat that 10:00 deadline. Bird: We didn't vote on the motion. Rountree: Let's vote on that motion about approving an IEC membership. MOTION CARRIED: All aye. Rountree: Okay they're all in favor. Alright, back to Westpark, Greg Johnson's presented some stuff to Shari, Shari wrote a letter back indicating that we weren't necessarily interested in that being part of the City even though it is in our referral area. To refresh your memory, it's a subdivision that would overlook Boise Ranch Golf on South Eagle Road and Columbia just at the extreme of our impact area. They want to know if they want to — if we want them to pursue with Boise a temporary hook-up with services ultimately to come to the City of Meridian, if they want to establish temporary stuff with the County and remain in the County or if we have any likes or dislikes if they pursue becoming part of Boise. I think we told them before that we had no preference and that they should be working with the County on the approval of their subdivision. What's your pleasure? Continue that course or — Bentley: Are they outside of our impact area? Rountree: They're in a referral area, they're in the light blue area in the very southwest corner — southeast corner, excuse me. Bird: They're way down in there. Rountree: And they're on that rim above Boise Ranch to the west. Bird: Out by the old turkey farm, the old Albertson's turkey farm. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 41 Rountree: Yeah you got that right Kenny, that's right where they are. Yeah, that is Columbia. Brad, did Shari give you any information on this? Hawkins -Clark: She did not. Rountree: It's all news to you, okay thanks. Stay the course with what we've established with it? Bird: Stay the course I would say. Rountree: Okay, I'll let them know that. At the Parks and Recreation Commission last evening there was a discussion about the possibility of replacing Tammy de Weerd on the Commission since she is now part of Planning and Zoning. There was some discussion about just because she's on Planning and Zoning, does that mean she's no longer a citizen at large. I don't know that there is really any discussion of that in the ordinance that just establishes the membership, it doesn't say that you can't be a member of one body and represent another. The desire of the Commission was to leave the membership the way it is with Tammy still representing a citizen at large position and Keith Borup still representing Planning and Zoning. Any read on it? There was some discussion that that might not be appropriate as well but it seemed to be the bulk of the discussion of the Commission felt that we should just leave it the way it is. Bird: I'm for that, Charlie, -- Rountree: She is the President of the Commission at this point for the rest of the year. Anderson: Would she remain the President then after that or — Rountree: Again, I don't think — in fact I'm sure the ordinance does not preclude who can or can't be President. I made it clear when I was on the Commission that I would not be President and represent the City Council but there was no other — Bird: She's not the official representative of Planning and Zoning, she's there as an at large, she's been appointed to Planning and Zoning, I don't see any conflict with it if the rest of you guys don't, I mean she's still an at large appointee, Keith already represents the Planning and Zoning, I don't see anything wrong with it. Anderson: Well I'd hate to see us lose her off of there because she's part of the driving force on that committee so I wouldn't see any problem with it. Rountree: Glenn? MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 42 Bentley: I'd like to see her remain, the only question I've got is if we're not in conflict with the two positions you know I don't have a problem if that's the case. Rountree: I would request counsel to check into that but I don't think we are. Bird: She's not representing — it says a representative of Planning and Zoning, the Planning and Zoning didn't send her, she was sent — now she is a member, that I feel that if I'd wanted to I could have stayed on at the Meridian Athletic Association when I was elected Councilman, I just didn't feel I had the time but should I be there then because Charlie was representing the City on there so I didn't feel that I don't see where in reading that ordinance I mean she's not the Planning and Zoning representative though she is a member of Planning and Zoning but she is not their representative — Bentley: Well I think the concern is that the public is going to say are we stacking city oriented people on a committee and you don't want that, I don't want that perception and I don't disagree one bit that the amount of work she has done to help spearhead a lot of this stuff, that is my only concern that we don't get to the point where we've got people that work here filling up the committee so we don't have quote unquote public representation on it so — Bird: I agree with you Glenn -- Anderson: Since this is just informal discussion we have a member of P & Z here, is there any thought to making Tammy the representative from P & Z since she has an interest in that? Rountree: You can come up and talk in the mike, we'll get you on the record Keith, we'll put you on the spot. Borup: Keith Borup, on the record. I feel very strongly I think everyone here that Tammy needs to be in that position. If it did come down to that, that she would be released because she wasn't Planning and Zoning I would right after that — probably, I guess it would need to come — since it is appointed by the Mayor I would have the letter to the Mayor requesting my withdrawal and her appointed as a P & Z representative. That's basically it because I think she's the one that needs to be there, I mean she's been the force behind the whole Parks Commission and we wouldn't be where we are there now without her there so it would depend on what would happen what I would do and I think as Charlie said how the Commission's attitude was maybe just kind of let things ride for awhile and see what happens, if we're forced into a change then that's the decision already made that I'd handle it that way. Rountree: Thanks Keith. My position on the thing is the only concern I have is exactly what Glenn stated the perception but I think Tammy's the right person for that job, she really enjoys it and she's got a lot of energy and she's doing great MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 43 things for the City so I guess my recommendation is that we have Council make sure that that is not a direct conflict with the ordinance and if it isn't my recommendation is that she stay until such time as her terms up and then consider it then and I think Keith's term's up in October I'll bet. Bird: Tammy's got two more years, she just was re -appointed last October. (Inaudible) Bird: I think you're right the October because the Meridian Athletic Association and City Council and Vern Cross was the first year and then Tammy's and Cherry Lane Golf Course and one of the other — Meridian School was the second year and then Planning and Zoning and the rest of -- the other three was the third year. (Inaudible) Bird: Yeah, it's a three year deal. Anderson: Time flies when you're having fun. Bird: Yeah, we're coming on the third year. Rountree: Okay, I don't think we need a motion if we're in general agreement, just leave it the way it is and have counsel check into it and report back to us. Okay, I'll let them know that we'll hold. Shari was working with David Eberlee consultants on capital improvements plan, he went through a first task kind of identifying what the City has done with capital improvements, he's got a proposal as a result of a discussion that he had with the Mayor and I at the end of May about taking the City on into some training so the department heads can get a sense of capital development, capital improvements programming and planning as opposed to us contracting with him to develop a capital improvements program. In other words, teach him how to fish instead of give him the fish. I'll give you this letter for your consideration, he's asking for a fee not to exceed $15,000.00 to do the training, to help us with our capital improvements program the first go around and then get them up to speed to where they can do it. I'm not asking for approval or what not tonight, just to let you know that that's where this is coming from so you don't get it cold, you know get copies in your boxes. That's what that's all about and that was a result of Council past wanting capital improvement program looked at and getting some changes in the comp plan. I have a request from Parks Director Kuntz for moving expense to the tune of $350.00 to help pay for the rental of a U -Haul truck. He's made this request through the Mayor's office, I'm bringing it before you that as far as I know there was no indication that the City would participate in the move but there is not MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 44 precedence one way or the other within the City to do this. What's your pleasure? Bentley: For moving what? Rountree: Moving his household goods and family to Meridian from Pullman. Anderson: Have we ever done this with any other employee or department head? Bird: No. Rountree: I don't believe we have. The indication from the Mayor is that he wasn't aware of any and I don't know — Anderson: And Tom was that indicated to you in your interviews that that was a possibility? Kuntz: I inquired as to the fact if there would be any moving allowance, I don't really remember what the response was to that but I know at one time I was told that it has not ever been done in the past. Bird: Who did you talk to regarding that Tom? Kuntz: Well I think — Rountree: I think that was one of the questions you had with the interview panel and I can't quote the answer but I suspect it was don't plan on it and it's not been past practice of the City but hey you don't find out if you don't ask, right Tom? Kuntz: Well there is substantial cost to moving a family of five from one state to another and I have no problem with whichever way you decide tonight but I think $350.00 to move a family of five is fairly minimal to what the actual cost is. Bird: If it — you know Mr. President I mean this is a policy I think within the City, if we had hired head hunters and went out looking for people, which we had put applications in, the applications come to us, they come and apply to us for a job, now if I go and apply for a job I feel that if it's in another state or something I move to it. If they come ask me to come to them then I do that so I — in one part of the hiring deal — I don't know, I've got mixed feelings about it and it wouldn't hurt my feelings one way or the other. Rountree: Mr. Bentley? Bentley: Well, there was never any mention as part of the job of doing that and understand Keith's position too and I think he's correct, although the amount isn't MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 45 much I think it's something that Council may have to decide on when they go looking for jobs because we're going to wind up with people moving from Boise to Meridian or whatever it's going to be looking at the request and I wish somebody would have given him a firm answer at the interview panel, maybe that's something we have to put together with a job package that there are no — there is or there isn't and make it part of the job offering when we do job descriptions and job searches that we include in that that there is or isn't any moving expenses. Anderson: My feelings on it are where we didn't advertise that we would reimburse for expenses at this time I would think we would be smart to deny it and if in the future we want to make that part of the compensation package and set a dollar limit on moving expenses that we will reimburse then we ought to do that up front and the candidates would clearly know that so at this point I would make a motion that we deny the reimbursement for moving expenses for Tom Kuntz. Bird: Second. Rountree: Motion was made by Councilman Anderson, seconded by Councilman Bird to deny the request for moving expenses from Parks Director Kuntz. All those in favor? Opposed? MOTION CARRIED: All aye. Rountree: Sorry Tom. Some of this stuff's doubled up. Anderson: You mean Tom wants reimbursed again? Rountree: He's a gamer, he keeps trying. Anderson: Yeah, I know his type. Bird: We got to watch his budget now. Rountree: I have a letter back from, I'd better call him Frederick Mack, do you have a copy of that? I guess the question is do we authorize him to start the work for the City on a cost reimbursable basis of $130.00 an hour to get the situation for a sewer extension easement squared away, the infamous one that we've been working with for two years or more. Bird: How many? Rountree: Four years? Bird: How about four or five years? MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 46 Bentley: I think we gave direction that we need to get this show on the road, it's tying up an awful lot of potential funds for us and you know with properties being locked up because we don't have this going and I think we need to proceed with that, I just — one question, the City Attorney brought up a question on the first page about the sewer district, is that just some poor wording or — we're not asking him to set up a sewer district, we're just asking him to (inaudible) the right- of-way. Rountree: Just an extension of sewer service for the City sewer and — Bentley: And just so we get — Rountree: It's a point of clarification that needs to be made within that we own our package plant. Bentley: But outside of that I think we hire the man and get moving. Bird: I second that. Rountree: Councilman Bentley moves and Councilman bird seconds to get Mr. Mach going on the acquisition or condemnation of the property in question for the extension of the city sewer to the east. All in favor? Opposed? MOTION CARRIED: All aye. Rountree: I'll get — Keith, I need to talk to you about this deal that people spending the City's money without us knowing about it. Bird: What's that? Rountree: Fixing the parking lot and then explaining that it's going to come out of somebody's budget. Bird: You and I both? Rountree: Yeah, we'll talk about it and if we need to bring it before the Council we'll do that. Last thing I have is what's your pleasure for a planning meeting? I know we have a bunch of proposed ordinance changes that have been presented to us the last couple of months, do you want to take a go at some of those? Do you want to start having --maybe take a whack at building a calendar for the budget cycle so we can get the department heads an idea of when we are expecting a draft budget and when we're going to shoot for having public involvement? Bird: I'd like to. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 47 Bentley: If I may I'll give you some dates you need to jot down while you're doing this process since I won't be here. Rountree: Okay. Oh, this is your calendar? Bentley: July 8th and 15th we will be having meetings with the Fire Union. Rountree: Are these in the evening or all day? Bentley: In the evening and I will be gone from the 19th through the 30th — Bird: Of this month? Bentley: Yes, June. July 2nd through the 5th and then July 201h through August 1 St Anderson: He's a postal guy, they don't ever work. Bird: I was going to say, they must be fire, are you a fireman? Bentley: I'm feeling disgruntled. Rountree: Now let's be careful. Bentley: Outside that I'll be here. Rountree: Well hey I'm envious. But we are scheduled for the 30th for a planning session so let's — any other potential agenda items? Bird: He said he'll be back the 30th Rountree: Yeah, you'll be here the 30tH Bird: 19th through the 301h Rountree: Ron, do you have anything you want to bring up? Anderson: I can't think of anything right now but I'll call you if I — Rountree: Okay and anything else I can dream up I'll put on there. Again, we'll be done by 9:30. Bentley: We heard that last time. Rountree: Yeah but everybody decided they were going to bring a guest. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 48 Bentley: I didn't bring a guest. Bird: It was very informative. Rountree: That's all I have, -- Bentley: I have one further thing. Rountree: You have one more, okay. Bentley: Yes. APA yesterday voted on the membership contribution formulas, I'm sorry to report that the Mayor and I and several other people lost. Our original current bill was $17,812.00 per year, our new one will be $18,217.00, that was alternative F, we wanted an alternative E but we couldn't get that through, it wound up a 7/7 tie and I wish when something like this is voted on everybody would have shown up because I think we'd have gotten what we'd asked for so what it's going to be based on is contributions based on 100% weighted population proportion except ACHD, what they are weighted at is 65%, the comment I made is ACHD was pushing so that their contribution wasn't as much but it makes no sense to me because ACHD taxes everybody around so instead of them collecting the money and paying it in through taxes we're going to collect the money and pay it in through the fees so there is virtually no difference as to where it comes from, I mean I could understand the different cities arguing the point that they don't want their bill so high but ACHD if the bill's higher they're just going to raise the taxes to the homeowners or to the property owners and then it's going to come back that way so — but anyway that's the new formula. Rountree: And that goes out of next years budget? Bentley: Right. Rountree: Okay, anything else? Anderson: We haven't seen hide nor hair of our '96 audits that were supposed to be here — Bentley: I talked to Janice before she got out the door tonight and she stated that she had a call in to them today asking them where they were and got no response back from anyone. Rountree: The soonest would be next week. Bentley: That would be my guess, unless they come up with another story. MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 49 Rountree: I would like to have just a really brief executive session if somebody would move. Bentley: So moved. Anderson: Second. Smith: Mr. President, may I ask a question? On the June 301h meeting, is that a planning meeting for — are budget's going to be discussed at that time or is that later? Rountree: I think what we're going to do is put together a calendar of when we're going to ask the various department heads to come to the budget planning meetings, when we're going to have those meetings, when we're going to expect a draft and what we're going to have the preliminary budget hearing so we can get through this process in some orderly fashion this year than what we did previously. It's just a scheduling meeting. Smith: It's just a scheduling meeting then. Okay, thank you. Bentley: But yours is first and it'll be Monday night. BACK FROM EXECUTIVE SESSION AT 10:17 P.M. Rountree: No decisions were reached. Any other items, discussion? Bird: (Inaudible) and I move that we adjourn. Bentley: Second. Rountree: Moved and seconded that we adjourn. All those in favor? MOTION CARRIED: All aye. MEETING ADJOURNED AT 10:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MERIDIAN CITY COUNCIL JUNE 16, 1998 PAGE 50 APPROVE: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK