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HomeMy WebLinkAbout1998 05-19MERIDIAN CITY COUNCIL MEETING MAY 19.1998 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 p.m. MEMBERS PRESENT: Ron Anderson, Charlie Rountree, Glenn Bentley, Keith Bird, Mayor Corrie. OTHERS PRESENT: Wayne Crookston, Gary Smith, Shari Stiles, Bill Gordon, Kenny Bowers, Will Berg, Ronald Van Auker, Don Marshall. ITEM #1: HISTORICAL PRESERVATION AWARD PRESENTATION FOR 1998: Corrie: At this time I would like to have Lila Hill come up, I'd like to present her with a token of our appreciation. Lila has done a lot for us on the regio -sprinter and the historical pictures down there and also for our hundredth anniversary at the state fair so we'd like to give her a little memento here as presented to Lila Hill for her time and dedication to make Meridian history available to the citizens of the Treasure Valley during the regio -sprinter demonstration and during the one hundredth anniversary of the Western Idaho State Fair (inaudible) by the City of Meridian. Hill: And they've already been (inaudible). Corrie: Well that's good. MINUTES OF PREVIOUS MEETING HELD MAY 5,1998: Corrie: Council you have the minutes of the previous meeting held May 5, 1998. Bentley: Mr. Mayor, I move we approve the minutes of the meeting held May 5, 1998. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird that we approve the minutes of the previous meeting held May 5, 1998. Further discussion? Hearing none. All those in favor say aye. MOTION CARRIED: All aye. Corrie: Lila, I believe you have a presentation. Hill: Now it's my turn. I'm here representing the Historic Preservation Commission for the City. We operate under a certified local government designation, which is under the national park service. This year we did not have MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 2 a nomination for historic register but we do have an award that we want to give and that's a 1998 Historic Preservation Award is going to be given to Tim Mussell and Vern Chitwood for their restoration and preservation of the 1912 rural high school. The building was designed by Turtlelot and Hummel and it's supposed to be the first building constructed west of Denver to have poured concrete construction to the level of the first floor. The 1937 remodeling and gymnasium addition was designed by the Wayland and Fennel firm and was of WPA construction project with local management over that. The last classes held in the building were in May 1986. The building sat empty except for lots of pigeons, graffiti artists, some of who didn't spell four letter words too well, and transients until the late fall of 1996 when Tim and Vern purchased the building and began it's transformation from the derelict property into the Meridian Office and Convention Center. The project is almost complete, practically all of the space is rented and the Meridian Historic Preservation Commission is proud to give the 1998 Preservation Award to Tim and Vern so if they'll come and get their goody for their wall. Corrie: Okay thank you Lila. Thank you to you two gentlemen for restoring the old high school building, the City thanks you and we even thank you so much we got some of our people down there so thank you. ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A NEW CHILD CARE FACILITY BY SUSAN EHTESHAMI — 875 W. FRANKLIN ROAD: Corrie: Council you have the Findings of Fact and Conclusions of Law in front of you. Any discussion? I'll entertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor, I would move that the Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. Bird: Second it. Corrie: Motion has been made and seconded that we approve the Findings of Fact and Conclusions of Law as stated. ROLL CALL VOTE: Mr. Bird — yea, Mr. Anderson — yea, Mr. Rountree — yea, Mr. Bentley — yea. MOTION CARRIED: All yea. Corrie: I'll entertain a motion for the decision. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 3 Rountree: Mr. Mayor I move that the Meridian City Council hereby decides that the conditional use permit requested by the applicant for the property described in the application is approved with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements and that the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use shall be subject to a review upon notice to the applicant by the City. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird on the decision as read. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST TO LIFT REQUIREMENTS IMPOSED REGARDING EXISTING WELL LOCATED IN SALMON RAPIDS NO. 4 BY FARWEST DEVELOPERS — SOUTH LOCUST GROVE BETWEEN OVERLAND AND VICTORY: Corrie: Council do you have those findings in front of you? I think you received a letter from Brian McCall in reference that they would like to have a sunset clause placed in that on record. Is there any discussion? Bentley: Mr. Mayor, I have some discussion for the City Attorney, something that may have been explained that I've missed on page 22 of the findings under the decision about halfway down it states Meridian Greens Subdivision then the minimum size house should be 1500 square feet, the surface water shall be used for pressurized irrigation, if possible, that applicant shall extend the guard rail along Locust Grove and the number of feet recommended by the Ada County Highway District (ACHD) that it was the understanding of the City Council that ACHD would provide the materials for the guard rail and inspect it; that the applicant shall provide the rail and the applicant shall post a completion bond for 110% of the value. Backing up, after irrigation if possible, I don't understand that and then we've got two people who are supposedly going to provide the guard rail, can somebody shed some light on that? Crookston: That's something that was from the initial Findings of Fact and I didn't review that. Bentley: Well I don't see how we can pass something that said — you know we're discussing this well problem with the properties and the pressurized irrigation and now we're talking if possible. I think it's either — MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 4 Rountree: Mr. Mayor, in my review of this — this is the original Findings and Facts, the only modification has been made on page 20. Crookston: That's correct. Rountree: And that reference is the change in the monitoring and then also references the appended letter from Mr. Squires but the remainder of the Findings of Fact and Conclusions are as originally prepared. That's how I saw them. Crookston: That is correct. Rountree: So we're really not approving or disapproving something new, that stuff is already a matter of record, what we're doing is looking at that appended portion, it was item #15 on page 20. Then the other question that's been brought to us was that of a sunset, Mr. Mayor if I could ask Gary Smith his thoughts on that. Smith: Mayor and Council and Councilman Rountree, I think I have just two comments, one would be that in all likelihood if the sunset clause was not part of the decision the Irrigation District would not be interested in taking the well for ownership and maintenance. Secondly I think that in terms of monitoring the ultimate responsibility or the ultimate authority of these wells lays in the Idaho Department of Water Resources basket, they're going to be the ones to sort out any problems, I think that was — in fact that was even addressed by Water Resources at the time that the original application came through, other than that I guess I don't have any other thoughts concerning the length of time that the monitoring would go on. Corrie: That is the desire of the Council to put that sunset clause in there that could be added as part of the record at this time if you want to. Bentley: I have no problems with putting it in. Bird: I have none. Rountree: Is there some suggested language counselor that we could add to item #15 that would stipulate a sunset clause and a time certain? Crookston: Mayor and Council, if you give me a date when you do want it to sunset then I could put that together. Corrie: If you want you could have it five years from tonight's date if you wished, that would be a five year sentencing clause at that time. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 5 Bentley: That would be fine with me but I would like to see it closed out tonight. Corrie: So five years from today would be May 19, 2003. Rountree: Mr. Mayor, I make a motion that the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions with the amendment to have a sunset clause added to item #15 that would have this monitoring activity cease or sunset June 1, 2003. Bird: Second. Corrie: Motion is made that we accept the Findings of Fact and Conclusions of Law with the addition of the sunset clause to be effective until June 1, 2003 be added to the Findings of Facts. Motion was made and seconded, is there any discussion on that? Hearing none. ROLL CALL VOTE: Councilman Bird — yea, Councilman Bentley — yea, Councilman Rountree — yea, Councilman Anderson — yea. MOTION CARRIED: All yea. Corrie: I'll entertain a motion for the decision. Rountree: Mr. Mayor I move that the City Council hereby decides to approve the annexation and the amendment to the previous Findings of Fact and Conclusions of Law with the identified amendment, the attached letter from Edward Squires dated September 11, 1996. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird on the decision as read, any further discussion? All those in favor say aye. MOTION CARRIED: All aye. ITEM #4: CONTINUED PUBLIC HEARING: AMENDMENTS TO ZONING AND SUBDIVISION AND DEVELOPMENT ORDINANCES: Corrie: At this time I'll reopen the public hearing and I'd like Shari Stiles to address the Council. Crookston: State your name and address please. Stiles: Shari Stiles, 200 E. Carlton, Suite #201, Meridian. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 6 Crookston: Do you promise, swear or affirm that the testimony you give tonight at this public hearing be the truth, the whole truth and nothing but the truth so help you? Stiles: I do. Crookston: Please proceed. Stiles: Mr. Mayor and Council, hopefully you have your information from the last meeting. The first item that was recommended by the Planning and Zoning Commission would be the revised ordinance regarding drainage and irrigation ditches, hopefully this incorporated the changes that were discussed and all of your concerns. Gary did you have any revisions? Item #2 was the issue of allowing planned residential developments in commercial and light industrial zones, the Planning and Zoning Commission did recommend that that be changed. Item #3 they wanted additional time to study that and to go over in some workshops additional changes that may be needed. Item #4 they also did not act on that, they wanted further justification for additional time for application submittal. They did recommend item #5 which would require digital submissions for plats, the exact wording of that would be what the other cities are using and Ada County has recommended so I ask for approval for items #1, 2, and 5 and hopefully we'll be able to get some meetings together with Planning and Zoning Commission to firm up the details on the other issues as well as the long list. Rountree: Mr. Mayor, I have more of a question of process as opposed to their request. By approval does that mean then that the ordinances will be modified by the information outlined in your submittal or that the zoning and development ordinances will then have to go through another hearing process? Stiles: I think this will satisfy their requirement for the public hearing on these items, I don't know if Wayne's had a chance to look at how we've written up the drainage and irrigation ditches ordinance as to form, the other two items would need to be incorporated into an ordinance amending those specific items. Rountree: So then we would just see a revised ordinance and act on those? Crookston: That's correct. Rountree: So really our approval tonight or disapproval would be either to move forward on that or not to move forward on that. Crookston: That's correct. I would need approval and direction to prepare an ordinance. Rountree: Items 1, 2 and 4? MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 7 Stiles: #1, 2 and 5 is what they recommended. Rountree: That's all I needed to know. Corrie: Any further discussion? Well with that in mind I will entertain a motion for -- Oh I'm sorry — any other questions? Rountree: Gary do you have anything to add? Smith: No, I don't. Rountree: Okay thank you. Corrie: Is there anyone else from the public that would like to enter testimony in this public hearing? Hearing none. Thank you Shari. I will close the public hearing, any discussion on items #1, 2 and 5 is what Planning and Zoning recommends that we move forward on and to hold and review #3 and 4 with them. Rountree: I don't have any problem with that. Bird: I don't have any problems. Corrie: I'll entertain a motion to that effect for the City. Bentley: Mr. Mayor, I move that the City of Meridian directs the City Attorney to draw up the proper ordinances for the proposed changes to the zoning ordinance under items #1, 2 and 5. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to direct the City Attorney to draw up the ordinances for the 1, 2 and 5 of the zoning ordinances. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #5: FINAL PLAT FOR TEARE COMMERCIAL SUBDIVISION BY RONALD VAN AUKER — NW CORNER OF TEARE AVENUE & OVERLAND ROAD: Corrie: Ron would you like to come up and say anything in reference to the final plat? Van Auker: Mr. Mayor, City Councilmen and Staff, the one thing that I would like to address would be that there's some requirements for curbs, gutters and MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 8 streets, this is a three lot subdivision of which two are already completed leaving and area of about 200 and some feet up to Overland Road. We would request at this time based upon there being no plans for the third lot which is yet to be developed that we be allowed to post a bond, we checked with ACHD, they felt comfortable with it but we would post a bond to the City of Meridian or to whatever authority you would like say for 150% of the value of that and then at such time as we do it go for the completion within the next year for a new facility we would not then have to tear out the concrete curbs, the sidewalks and that type of thing for the development itself, other than that we wish to thank the staff for their help and both our engineer and ourselves for the help in getting this brought to this point today. Thank you. Bentley: Mr. Mayor, I have a question for Ron. Ron did you receive a cog from the City from Bruce Freckleton on his site specific comments dated the 18t of May? Van Auker: I'm going to have to defer, yeah we did. Bentley: And you have no problems with — Van Auker: No we do not. Bentley: Thank you. Corrie: Any further questions? Gary? Staff? Smith: I have no other comments Mr. Mayor, Council. Corrie: Thank you. Any further discussion Council? :3R•"MITFEW 7197itI-31 Rountree: I have none. Corrie: Okay I'll entertain a motion on the final plat or Teare Commercial Subdivision. Rountree: Mr. Mayor, I move that we approve the final plat for Teare Subdivision by Ron Van Auker subject to the conditions of staff and the posting of a bond to cover the improvements of curbs, gutters and sidewalks in the development at a later date. Bird: Second. Corrie: Any percentage of the bond? MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 9 Rountree: I believe it was volunteered to be 150% of the value of the improvements. Corrie: Motion made by Mr. Rountree second by Mr. Bird to the motion to accept the final plat with conditions. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #6: REQUEST TO HOOK UP TO CITY WATER BY HOLY APOSTLES CATHOLIC CHURCH — SOUTHEAST CORNER OF MERIDIAN ROAD AND CHINDEN BLVD: Corrie: Is there a representative from the church here tonight? Larrea: Yes Mr. Mayor, I'm Jan Larrea, I'm representing Building Committee. We want to get permission to hook up to United Water, they're about a mile away from us until a time that Meridian sewer and water becomes available in that area which I understand may be five to six years. United Water has verbally agreed that they could service us with the required fire protection and domestic use, I mean we have to pay for it but — I understand from Mr. Smith that we had to get permission because we're in Meridian city impact area to do this so it's not Meridian city water it's United Water. Rountree: Do you folks have a time line on the need for this? Larrea: We'd like to break ground next spring and from discussions with the water and things it looks like Meridian's a little ways away than — that new well that's going to be at the corner of Meridian and Ustick but he couldn't guarantee that we'd have enough water, if we even went the line that direction to maintain our fire protection standards that's necessary. Rountree: The reason I ask is that this idea has created some not necessarily difficulty but not real specific direction in terms of how our impact area relates to Boise's impact area relates to United Water and our water system and if the urgency is this evening as opposed to in the spring we might want to contemplate this a little bit longer if that wouldn't compromise your action. Larrea: We kind of — you know as soon as possible because we need to make options you know if this isn't going to work then we're going to have to go — you know how big of a well are we going to have to drill that's going to pump out 500 gallons a minute for two hours for the sprinkler system you know do we have to try to look into ponds, what are we going to do in that situation so we're in the planning stage but it we be kind of nice to know if we could plan to go this MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 10 direction. We understand that when Meridian gets here we'd hook into Meridian I mean that's not the problem, it's just kind of the when is Meridian going to be able to get there to us. Rountree: (Inaudible) indicated that they would be able to provide you enough water for fire protection as well? Larrea: Yes, we'd have enough for the sprinkler system which is 500 gallons a minute for two hours and they'd be able to put in a fire hydrant for the 1500 gallons for two hours and like I say they're less than a mile away and they haven't given us an estimate on costs yet but you know we'd just have to pay for that line to come into there so I mean this would be a major hurdle if we could go this route right now and it'd help our planning a lot if we can pursue this. Rountree: Thank you. Corrie: Where did the City Engineer go? Rountree: He left. Corrie: I assume that you have some questions? Rountree: I have some questions for him. Gary you'd indicated in memo to us that you wanted to discuss this particular type of issue in a planning session next week, the applicant has indicated that they're looking at next spring for a start-up but would like for planning purposes to know fairly soon on whether we can approve this or not and it seems a bit cloudy at this point as to the kind of action we can take, have you gotten any more clarification from that in dealing with United Water or PUC? Smith: No, I haven't councilman. The only information that I have is what I generated in a memo to you and to the council and mayor concerning conversation that I had with Kathy Shifflet from United Water and in particular relating to a subdivision that's being proposed out there north of McMillan and on the east side of Locust Grove service to that subdivision but it raised the issue of service in our area of impact and how it could be handled and I guess there are several alternatives that are available but I think it's a decision that we need to make or the City Mayor and Council needs to make policy as to how you want to proceed in dealing with these I guess you'd call them area of impact fringe areas that are serviceable by our neighboring city, a utility other than the City of Meridian. We have two different situations here, one is the City of Meridian is a municipality the other situation is United Water is governed by the Public Utility Commission and as such they have what Kathy referred to as a certificated area of service, that is an area that is allowed by the Public Utility Commission for MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 11 them to serve with water and in order for them to serve outside of that area then they need to petition the PUC for an amendment to their certificated area. Rountree: And that area is the City of Boise's impact area or a larger area actually. Smith: I guess right now the area that the church is concerned with, the certificated area of United Water is the north side of Chinden Boulevard, I'm not sure where the line is exactly if it's a center line of Chinden or the north side but they are providing service to areas along the north side of Chinden and they are going to be taking ownership and maintenance of the water system at Spur Wing, at a new development called Fox Tail Acres and there are some other areas along there, I think Spy Glass is included in that also, they will be taking ownership and operation of those areas or purchasing those private systems for ownership and maintenance so their certificated area is going to increase by those areas and they will need to petition PUC for that change in their boundaries. Now if they submit an application for change of boundary and PUC receives a challenge to it then the PUC can request that a public hearing be held to discuss this challenge. Challenges cannot be made in a — according to Kathy — in a frivolous manor, they have to have some basis so I guess what it's coming down to is that it may not be as simple as what was previously done with the last church in saying they could connect but at the time Meridian came by with their water they would have to disconnect and connect to Meridian, I think it's more complicated than that. It's a matter of they're going to serve it or we're going to serve it and I don't think we both can. Corrie: Would their approval to service there would that preclude us from servicing that side of Chinden and our area of impact later? Smith: Well yes sir I believe that it would because I think that you'd have to challenge the boundaries that have been approved by the PUC and if they already have service facilities in that area and they're providing service I don't think that there's any way that the City could reclaim or claim that as a service area for the City of Meridian. Rountree: Just another question, if United Water were to come within our impact boundaries do they then have to follow our standards for water systems? Smith: Well I think Councilman Rountree that if it's declared, if the area in which they're providing service is declared by the PUC as their service are then I would assume that their standards would govern. Now the other comment that Kathy Shifflet made to me was — and I asked her based on a comment that she made in another area was could the City of Meridian purchase water from United Water for this service area and in turn sell that water back to the people in that area, she indicated that that was a possibility. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 12 Rountree: I won't comment. Corrie: That's what was presented earlier to us on another situation correct? Smith: I did? Corrie: Yes, on a letter that was on my desk. Smith: Yes the memo, right, yes sir. Bentley: Mr. Mayor, I would me more in favor of a motion to table this until we have some time to go over it through the planning session. Rountree: I guess for the applicant in that kind of a motion I'd like to have the date certain so they know that we will make a decision — June 2nd, that soon enough? Corrie: Are we going to discuss it before that time? Rountree: And we can discuss it on the 26th per Gary's request. Bentley: Okay Mr. Mayor in that case I would motion that we table the request by Holy Apostles Catholic Church until June 2nd Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree that we table the request of Holy Apostles Catholic Church until June 2, 1998. Any further discussion? All those in favor of that motion say aye. MOTION CARRIED: All aye. Bentley: Mr. Mayor, point of clarification, we're talking a planning session for next Tuesday, that is also election night. Corrie: What time is the election over? Bentley: 8:00. Berg: Excuse me, we don't have a conflict, I've checked with Ada County, this is not a precinct so we can still hold a meeting. Their concern a lot of times is a precinct meeting facility jointly. Rountree: Well let's continue on that thought then. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 13 ITEM #7: REQUEST TO HOOK UP TO CITY SEWER AND WATER BY LDS CHURCH — LOCUST GROVE AND USTICK: Corrie: Is there a member from the LDS church here tonight? Bentley: Mr. Mayor, I would move we table this till 6/2/98. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to table this request till June 2nd meeting, any further discussion? Rountree: Mr. Mayor, if I could either have Gary or Shari make contact with the applicant to make sure they're here next time on item #7. Corrie: Any further discussion? Anderson: Mr. Mayor, I just had a question for Gary of where our water line was in that area. Smith: We're okay to serve this facility, the water line is to the north-west corner of the Summerfield Subdivision. Anderson: And we have sewer out there to? Smith: Yes, we have sewer at that point also. They are not in the city limits. Anderson: Okay. Corrie: Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #8: REQUEST FOR FINANCIAL ASSISTANCE BY MERIDIAN SENIOR CENTER: Corrie: I will invite Don to come up. Knox: Mr. Mayor and Councilmen and staff, we from the Meridian Senior Center have made an application — want to make an application for assistance from you folks. We have a funny problem that we discovered and in November we made a decision to have to reduce our employees by two members. Since that time we've installed a new computer county system and we're running in the black for the first four months of 1998 and we have reduced our salary expense of MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 14 $42,000.00 in 1997 to an estimated $30,000.00 in 1998. The association treasurer, that's me, I took over the book keeping duties in December and did them through February 1 st then we hired a new book keeper for four hours a day at minimum wage. At the same time we had to hire a new coordinator and both are doing a good job for us now. I've attached a copy of the four-month profit and loss statement, as attachment number one to this proposal and our 1998 budget is attachment two. On that four months profit and loss we showed a return of thirty-three sixty-one but I also attached as an extra add-in on the back of that information our profit and loss for April alone which showed a profit of about $186.00 so our cash flow fluctuates quite a bit so it isn't always dependable as a constant source of income. Our center was incorporated in 1978 with funds raised by the members and donations from many businesses in Meridian and is owned by the Senior Association. For many years contributions and contracts from some county, state and federal agencies have helped keep us liquid but the federal funds are becoming harder to get and they're slowing down more and Ida -Ore in Weiser tells us that as we go along they're going to be decreased more and more so it's going to demand that we get more donations or grants or contracts or something to keep us going over there. We use a lot of volunteer help and it's been very dependable but a lot of that has left us short handed in many cases lacked necessities why we have to hire so many people. In the last two years we've been forced by Ida -Ore to the federal contractor for our area here, has forced us to pay two normally paid people by them and that is the van driver and the janitor and these of course have been training positions for them and of course occasionally we get to a point where we can't — we have to get people in and so we had to hire these two people and of course once we hire them and pay them why then we can't get Ida -Ore to pay these for us. We've had a problem at our center since the City of Nampa opened this new recreation center in Nampa and many of our seniors have fallen prey to the new center and better meals. The senior center of Boise has just recently completely revamped their center which is in the paper today and our center had a revamp approximately six years ago when we extended our dining hall, was donated labor from the CB's and we were stationed at Gowen Field at the time and our own funding. Our center is really showing a sage and needs some renovating badly. The latest of those needed renovations with a time element covered is attached as item #3 and that's just primarily our work plan for 1998 and the biggest problem we have with it right now is the concrete around the building is cracking and it's — somebody is going to catch a heel or something and we're going to be in trouble in a law suit and we can't stand any more raises in insurance because our insurance now is pretty high for liability and the building insurance. In order to keep our center operating as (inaudible) we're compelled to keep (inaudible) employees under payroll, these are at our expense. The coordinator minimum wage at seven hours a day is $5.15 an hour, the dining room manager minimum wage at 3'/2 hours each day Monday through (end of tape) the book keeper 4 hours a day at minimum wage, the van driver makes $6.25 an hour and he works 4 hours each day and the janitor is minimum wage MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 15 and he works 3'/2 hours a day and of course they indicated these were the jobs pay frames by Idaho and Weiser. As I mentioned before that the federal funding from Ida -Ore is going to come to a screeching halt and we've recently been working on that re -program put out by the federal government and handled by Weiser and we've been told by (inaudible) the agency 3 supervisor here that this has been cancelled now so we've been getting $9455.00 a year for this outreach program which now will be diminished, we don't have it anymore so that's putting us into a further cash bind. But the contract as it was written to go out and reach the outreach program was pretty difficult to get involved because we had to go to new houses all the time and try to find people — we couldn't take just drop -ins or call -ins, we had to take people that we actually knocked on their doors and asked them if they were in need of help from some federal agency. Anyway the funding they provided for this is very inadequate because we had to stand our own — pay the salary of this lady and also pay her own mileage and it just got to the point that in a way it's probably a good thing that they did cancel it because we were the only agency here in the valley that's been doing it, the other agencies were not involved in this new outreach program. What our center needs is a partnership of the City of Meridian to help us operate and offer programs available to our seniors from the federal, state and county offices. We have attached two very informative handouts used by our coordinator when she calls on meals on wheels and many other contacts she makes daily. The handouts are used to let contacts know who we are and what we are trying to do and what we are trying to do and what we hope to accomplish for them for their benefits. The request we make of the City of Meridian is $30,000.00 to be paid in quarterly payments during the next fiscal year and by paying off that way if it's possible to help us then you don't give us one lump sum and then depend on us to handle it right, you give us each quarter and then we tell you how we've paid it, how we've handled it. The City of Meridian would have the option to inspect our books any time at their discretion and may want a member of the City Council to sit on our board. We would supply monthly or quarterly statements detailing how the funds were spent and would encourage your counseling as you see fit. Again, we are trying to help the Meridian seniors and feel that we have a definite need in the community here and we're really trying to fill that but this new book keeping system we put on last December is (inaudible) maybe some of you are familiar with that, it's for small businesses and it gives us a print out of almost anything we want at just a push of a button on a computer and we're getting the new book keeper pretty well trained at that and it's a very good program. Our bylaws are written so that we can turn our center over to the City of Meridian at any time upon approval of our voting members if that ever becomes a point that we couldn't run it, had to close or something, the city would want to take it over we could just turn it over to you. If you would consider such a proposal we would be happy to discuss the details, of course we'd have to get the voting members of the center to approve this before we could do this. We are always welcome to constructive comments and of course we like an interchange with anybody anytime, if we can learn something we want to do that. In these handouts we MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 16 have here, (inaudible) they'll basically what we do at our center and that's just put in there so you can look it over at your convenience, tells who we are and what we do then (inaudible) attachment five details the meal side, meals on wheels, meal side is a congregate meal but the seniors sixty and over can go in and get a meal for $2.50 and it is a donation if they can't afford to pay then of course they just sign the roster and they don't have to pay and I'm sure there are quite a few there that do that, of course we have three meals on wheels routes that are driven by our seniors, they donate their vehicle, their gas and in some cases the state does pay some of them but the newer ones the state isn't paying them for mileage but they still furnish the time and their vehicles deliver meals on wheels. We have a transportation van available all the time now, it's a new van last year supplied to us by Ada County, it's a 1997 Ford and we take them grocery shopping and doctor appointments and various other places they want to go and sometimes we have trips within 150 miles of Meridian that we take them on. We have all kinds of activities there, card games, crafts, parties, painting classes, quilting, all types of things, billiards, exercise classes, of course you've seen the ads in the paper about the quilting we took down to Wal-Mart, we got close to a thousand dollars out of that quilt, it's a beautiful quilt and those ladies down there love to do stuff like that, this one gal's ninety, Clea Cooper, she just lives there for that center and doing quilting, it's a shame to see people like that and know that that's a way of life for them and that they depend on it. We invite speakers to come out and talk to us anytime they want to, programs, we had the Sheriff's Department over a while back giving us information we refer to legal aid services, tax aid, supporting groups, home care services, anything that they need we have the contacts there we can make for all the seniors and of course the outreach program that's going to be by the wayside as we know it now where we have to go out and knock on doors and try to find people that need help without coming to us initially and of course we have all kinds of volunteers and then we have the cash bingo every Friday night and that makes about a thousand dollars a month for us the bingo alone, thank God we got bingo. Started by a man right back here in 1993 but is there any questions I can answer or anything I can add? One other thing I might mention, I found a balance sheet for 1995, December 31st and we had in the bank $50,000.00, that's in a building fund in the Transportation Outreach Fund, in our Maintenance and Operations Fund and in December of 1996 in was down to $48,000.00 down $10,394.00 in December 31, 1997 we were down to $32,000.00 that is total cash reserves, that includes about a $17,000.00 building fund which we keep because we have five old air conditioners and furnaces there and we have to have something available because those could go down and cost five, six, seven thousand dollars anytime and we've had the building twenty years and we know they were there when we took it over from the church and so we have a lot of expense in motors and stuff like that every year with it but we have to keep something there as kind of a — something we can't use for operations so in the last two years we've lost $25,000.00, $25,775.00 in the last two years and we just hate to get down to a point where we have to close down because we don't have the money, in fact we MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 17 won't do that, if we find we can't pay our bills we'll take what we've got left and pay our bills and just close it up if we have to because we're not going to leave anybody holding the bag for anything. But I've always been taught that in doing business and I've been in business fifty years that you always go ask for help before you really need it instead of getting right down to a point where you have to have money to pay a bill and you've got to go beg a bank or somebody for money, you better keep enough money to pay your bills and then close it down if you have to but we hope we never get to that, we just hope we can keep going and meet our obligations and get more things coming in but of course now that we have the new computer system we can turn out profit and losses, balance sheets, anything that you want almost, now we can go ahead and ask for grants, before this we didn't have the accounting available to us and so we couldn't prove that we needed it and why we needed it and what we were doing with it and so forth so it's on the computer now and we can do it almost daily if you want a report on us, it's that good a program and I'm really sold on it. Rountree: Mr. Mayor, I had a couple questions, how many folks do you serve on a weekly basis? Knox: We serve about ninety people a day, it'll vary, sometimes we'll have sixty there sometimes we'll have 140 there, it'll vary but the year around average is about ninety people a day, five days a week. Rountree: And they're all right here in Meridian? Knox: They're mostly all here in Meridian but anybody in Ada County can come to the center. Rountree: That's part of the Outreach Program? Knox: That's part of the Outreach Program right. But our budget as you'll notice there is $16,000.00 and we have the contracts — had the contracts that we were receiving $30,000.00 from and of course you take that ninety-four fifty-five out of that thing so we're looking for about — well we need to watch real close for about $47,000.00 to make sure we keep things going this year. Rountree: You mentioned now that you have an accounting system of magnitude that allows you to request grants, are those really available and if so are they matching and is that something the City could explore in terms of matching, leveraging federal dollars or state dollars? Knox: It is but the thing I've noticed is it's hard to find grants to give you working capital, they want to give you a grant for like putting in the concrete or painting the building or repairs and stuff like that but I guess they want to make sure that if they're going to give somebody something they want to know what it's going to MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 18 be used for and of course working cap is too easy to get rid of without accounting for it so I guess that's why we're coming to the City, you're our closest neighbor and we ask for help to keep this thing worked out and going. Rountree: And the primary agency that you work with in terms of grants and cash available is Ida -Ore? Knox: Ida -Ore is a federal contractor in Weiser and they control the area agent three here in Boise which we work with on a lot of these programs and Lois Bower is one of the supervisors down there if you want to call her and talk to her about us why — Rountree: And she's in Weiser? Knox: No she's here in Boise. Rountree: She's in Boise. Is the county involved at all in that? Knox: The county gives us $5,800.00 a year, that's paid out quarterly just like we're asking you folks to do and we have to make application for this money each quarter to get it, if we don't make the application we don't get it, I guess they assume we don't need it but of course we always try to keep that coming in because we do need the funds. We lease our facilities down there, the kitchen and the dining room to the state and we get $1,275.00 a month for that which is fifteen thousand thirty three hundred dollars a year, that goes into the $30,000.00 total here I said we got from State of Idaho, Ada County and Ida -Ore but the $9,400.00 will be dropped off now so we're looking at about $21,000.00 that we'll have coming in from contracts at this point. Corrie: So I did hear you correctly that the coordinator at $9,000.00 is being stopped and that's because of the Outreach Program that you can't do it or — Knox: Well it's not so much that we can't get it done, Lois Bower came out Friday and told me that Ellen Grouchy runs the Ida -Ore in Weiser said that this program is going to be stopped and that's all we heard about it so she says to tell you folks that we — she was almost positive that was going to be stopped and of course the $9,455.00 we backed into that for the coordinator's wages and so she makes minimum wage, $5.15 and hour for seven hours a day, five days a week. Rountree: Is that the kind of thing that you have to put up with in terms of some of these grants that all of a sudden it's gone, they don't give you any planning time or a budget cycle or — Knox: The only one that's happened has been the federal funding from Ida -Ore, the county they've been there solid now for two or three years and of course the state released those facilities there and of course they prepare meals there for MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 19 probably every senior center in the valley here except Boise downtown, they're shipped out of here to the other centers in a heated container and they serve that to the people at the other centers so this center here is pretty active and pretty important as far as an outlet for things like that. Rountree: And that's — what's the state agency that's involved? Is that DEQ or Health and Welfare or — Corrie: Central Health District or what? Knox: Yeah, Central Health District, I can find out exactly and let you know tomorrow. Central District Health but we get the check directly from the State of Idaho and of course Ada County we get that from the Commissioners. Corrie: And Don you said that $15,330.00 includes the $5,800.00 from the county, it's in that or is that in — Knox: The $15,300.00 is State of Idaho, Ada County is $5,800.00 which would be $21,100.00 and then of course the $9,455.00 as far as we know now that is gone. Anderson: So your annual budget is right around $30,000.00? Knox: Our annual budget is $68,000.00 — Anderson: The outside help is $30,000.00? Knox: The outside help right now is $30,555.00 but of course if we lose the Ida - Ore thing why then we're getting help for $21,100.00. Anderson: And you're requesting from the City of Meridian $30,000.00 a year? Knox: $30,000.00 right. And of course if we ever get to a point where we don't think we need it and you can see by our books that we don't need it why then of course we would say that we shouldn't take it, we want to be that fair with you. That's why we offered to let you see our books and anything you want to do. Do you have an accountant that works for the City that we could show these things to if they want to? Corrie: We will. When was the last time you had your books audited by a firm? Knox: It's probably been about four years but we have rentals here in Meridian, he gives us a printout, we usually get it in August, of all the books -- we take the books all over to him at the end of the year and he makes our 990 report out for the Federal Government for non-profit and then he gives us a breakdown, MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 20 balance sheet and so forth and that's where I got some of these figures here and then this year we're using a new accountant here in Meridian called Kathy Roma, I don't think she's been here too long but we got word of her through Score, through SPA, as a volunteer she's been doing this for us for free and because we needed the help and I knew some of the fellows at Score, it's strictly a volunteer group that helps people in business and works on small business administration. Anderson: And do you know how the other cities like Nampa and Boise are funding the senior program? Knox: I'm not real sure but the City is involved some way in Nampa and the City is involved in Boise also but for the particulars I wouldn't even dare guess on it. Bentley: Mr. Mayor, I think what I would like to see is us to get together with — have a meeting with the Senior Citizen's Board and maybe we make a list of information that they may have like past audits and these yearly figures that they're putting together so we can sit down outside of the chambers here and go over the stuff with them and take a look and see if there's something we can do with the legal ramifications and the legal grounds that we have to follow and maybe get some input on how the other cities are helping their senior centers. Knox: But we've got our operation squeezed down money wise about as tight as we can get it now, this happened the first of December when we took over and it's really tight and we won't spend a dime this week and see where it really has to be spent. Of course we get bills from our insurance company for $2400.00 for our facility over there for liabilities and that's down $300.00 since you got us that $52,000.00 for that sprinkler system, used to be three thousand — three hundred dollars more than that and then our van insurance alone is $1907.00 a year and that is paid through a group of five centers where it's handled by the Commissioners someway that we just pay our fifth on it so we've got things squeezed down about as tight as we can get it but if you can show us a way to (inaudible) I mean we'd love to talk to you. Corrie: I think there's some questions that I'm sure the council has and I too — guess I'd like to talk to Nampa and Boise and what their involvement is in their senior citizens — Mr. Rountree? Rountree: I had a question on your budget cycle. It looks like you operate on a calendar year which is different than everybody else in the world so — we work on a October to September cycle in our budget cycle and I think this is a good time for you to come in with a request, we'll be looking at — Knox: Yeah, we've been in touch with Bob a couple of times and he told us when to come in and everything but here's a balance sheet here that we have which shows how we set at the end of April 1998, this is a non -officiated balance sheet MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 21 and (inaudible — away from microphone) this is something that I wouldn't particularly want to put out right now, well I guess you can have it if you want it (inaudible) Bentley: And I think if it's something we need and if we put this meeting together you know we can request other information. Knox: Right, anything you want to know. Anderson: I kind of liked Glenn's idea, I'd like to set up a meeting and maybe tour through the senior center and have you kind of show us through some of those problem areas and look at it first hand and see what we can do to help. Rountree: It's a great place to eat, especially in the summer when all the fresh vegetable show up it's really great. Corrie: There are there moments too, I've been there. Knox: Yeah right but for some reason our meals aren't quite of the same caliber that Nampa has and we can't quite figure out why, what they're funding is different than ours although I know it's different in some way because Health and Welfare handles ours and of course (inaudible) put together with a dietician is good food but we don't have the desserts and stuff like that Nampa has and we get a few comments from the seniors that would like to have a few more salads and stuff like that and maybe just anything that would add to the meal a little bit but the meals are good over there I'm not going to run those down for a minute. Rountree: Well that's something we can look into, why are there differences? Knox: But we'd love to have you come over, do you want to set the time then or Anderson: Mr. Bentley I'd leave that up to you, there was some other information that you wanted to get gathered up and I think if we go over there prepared that they know what information that we need that we can move on it from there. Corrie: Okay maybe we can do it the first part of June. Knox: Okay, sounds wonderful. Corrie: And that will give us time between now and the first week or so of June. Knox: Okay I'll keep in touch with you Bob and see what we can do then. Listen thank you very much. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 22 ITEM #9: DISCUSSION BY ELAINE ESTACIO REGARDING R-4 ZONING ORDINANCE AND IN HOME DAYCARE: Corrie: I don't believe she's here tonight. (Inaudible — away from microphone) Corrie: Well yeah she has got a — she was with the Planning and Zoning and has a daycare for one to six children and I think they approved that is that correct? Berg: No, she's before the Planning and Zoning with an accessory use application for I think it's five children and the P & Z at this point is at Findings of Fact and Conclusions of Law for the next meeting. Bentley: Well if that's the case this shouldn't even be here. Corrie: Well the only reason this is here, she came in and talked to me and she said she wanted to plead her case for having six to twelve children in a zone R-4, I explained to her that she had three options the way they — right now is — the council could change the whole zone to something else or they could change the ordinance if they wished or she could move, it sounds rough but that's the three options and so — Berg: Two of those options have to go through the Planning and Zoning stage first. Bentley: Which is my point that this doesn't belong here because I'm not about to act on something that they still have before them and so — Corrie: That's what I told her. Rountree: Actually she's asking for June 2nd anyway but we still won't see anything from — Corrie: What's it on the calendar for now for? Berg: At the Planning and Zoning meeting she wanted and referred to her public hearing as meeting next week and this is the next week so — she will not have should I say the item to you until June. Corrie: She just wants to discuss it I guess. Bentley: My point is I'm not even willing to discuss it until it's through P & Z, I don't feel we should be jumping ahead of their time line order. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 23 Berg: This discussion though is she wants the ordinance changed and it doesn't have anything to do with her application of just meeting the five children for an accessory use, if you under — her application isn't quite the same. Bentley: I understand what you're saying but my feeling still is it's in P & Z even though it's still going to go back and address her issue it's before P & Z and I don't want to discuss it at this time. Rountree: Boy you're grumpy. Bentley: That's what the wife said too. Corrie: What is happening here, I don't know whether you're understanding it or not but what she has before the Planning & Zoning has nothing to do with this so what you're saying here is let her go ahead and go through the Planning and Zoning and then after that is done she can — do you still want to hear her plight? She can only go to the Council, she can't go to Planning & Zoning on it, she has to go to the Council after this is taken up with the Planning and Zoning then is that correct what I'm hearing? Bird: Well no, I see what you're — Rountree: I understand what you're saying, she has a completely different issue and one issue is the ordinance and one issue is her application, if she wants to bring up her application to us no, if she wants to bring up the ordinance to us she can bring it up for discussion. Corrie: That's what she was wanting to do so — Rountree: She wants to do that on the 2nd it appears. Bird: Mr. Mayor, I make a motion that we table this until June 2nd Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree to table this discussion until June 2nd, any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #10: NON -DEVELOPMENT AGREEMENT HONOR PARK SUBDIVISION NO. 3 BY HON, HON AND NORRIS- Corrie: Counselor have you gone over this non -development agreement? MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 24 Crookston: Yes I have and I think it is fine I would just like to see the signature page and the notaries changed so that you have all the Mayor and the City Clerk sign on the same page as the developer then you have the notaries, that's my only comment, the agreement itself is fine. Corrie: Okay, further questions from Council? I've heard the recommendations of the City Attorney, Council are there any feelings on the non -development agreement? Rountree: We haven't heard from you tonight Mr. Bird. Bird: Mr. Mayor, I make a motion that we pass this non -development agreement for Honor Park Subdivision No. 3 by Hon, Hon and Norris with the amendment on the signing pages of having the Hon, Hon and Norris sign on the same pages as the City Clerk and Mayor. Anderson: Second. Corrie: Motion made by Mr. Bird and second by Mr. Anderson to accept the non - development agreement with the understanding that the signatures will be on one page between Hon, Hon and Norris and City Clerk and the Mayor. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #11: MARCH FOR PARKS INFORMATION BY TAMMY DE WEERD: Corrie: You didn't miss it by too much Tammy, just about fifteen minutes. De Weerd: Mr. Mayor, City Councilmen, I'm going to present our numbers to you tonight. Some of the checks have still not all arrived so again we are still a little bit tentative but to date we have $8115.50, bills have been $212.38 which leaves us a balance of $7903.00, then we have a check to present to you tonight by the Treasure Valley Volks Sport Club, they also collect donations during the march and they have a check here for $50.00 and I have another check for $10.00 which gives us — we also have outstanding sponsors at $1,055.00 so we should have a balance of over $9,000.00 that does include the $250.00 award that we received last fall for best event in the nation. If you add that to the donations or the revenue balance left over from last year we have about $15,500.00 to put towards playground equipment. Now I understand that $5,000.00 has been matched by the City, we would like to see this amount$9,000.00 matched again by the City this year, I think that that would indeed give us some very good top quality playground equipment for Tully Park and that was the goal. We had in kind donations of over $8,000.00 so that brings us to a total this year of over $17,000.00. Now we did evaluations this year at the conclusion of our walk, the MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 25 primary reason people stated the top three were to support the parks, more parks, and just to have fun. We did request what we should do differently next year, the top three were nothing, I guess that means they liked it like it was, there were comments on brighter signs and more publicity. Publicity we received a lot this year, the Idaho Statesman gave us a couple of ads, Valley News ran six different ads, we had all three television stations out and we did the morning show with Larry Gebert and so we did have a lot of exposure but again we can always do it bigger and better next year. We hope to get a lot of the athletic clubs involved, our target next year is for athletic fields and so we do think that we'll get Optimist Football, Little League, PAL, and perhaps CYSA's involvement so that perhaps we can reach out and get the information out to a lot more kids and parents. The majority found out through friends and family, the second one was clubs and organizations, the Girl Scouts again really came through, hopefully next year we'll get the Boy Scouts involvement, 4-H and PAL, those were the top three clubs. We had asked for volunteers, we gained thirteen volunteers for next years event and three of those members would like to serve on our Planning Committee and so I see that as a great positive. The demographics most of our walkers who are between the age of one and ten and forty-one and fifty-nine and all but 10% of them were women, you men need to do a better job. Rountree: We cooked. De Weerd: Okay, well there was four. Our top fund raisers raised over $1,100.00 out of that total so our top fund raisers did do a portion of our fund raising. Our largest organized group was the Silver Sage Girlscout Group, our top fund raising school was Chaparral and our top team happened to be the Parks and Recreation Commission so we did donate last years tee-shirts to Hope House, the remaining food that we had this year went to The Mission down in Boise and we did have a great deal of free mini pizza coupons left over and we handed those over to the K -kids through the Kiwanis Club so I think over all our March for Parks has not only helped our park system it's reached out into the community and that's kind of what our goal has been so do you have any questions? Rountree: Great job! Bird: Very good job Tammy! Bentley: Tell all you people wonderful! Bird: We appreciate it! De Weerd: Well thanks, I expect to see your thanks in the budget this year where you match our money, how's that Tom, prime rib lunch? MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 26 Bird: You are joking aren't you? De Weerd: No, I'm not. Rountree: There's another prime rib lunch for you Tom. Bird: Do we need to get a red pencil for you too? De Weerd: Only if you want money again next year. Corrie: Okay, thank you Tammy, that was a very good report. De Weerd: Thank you. Corrie: I think I heard somewhere in there about a match for the City? Bird: Yeah. Rountree: Well we did that last year. ITEM #12: DEPARTMENT REPORTS: Corrie: Mr. Smith? Smith: Thank you Mayor and Council, two items one has to do with Tully Park, do you have copies of the change order request? Okay, I think they're pretty self explanatory in terms of what they are for and the amounts I've highlighted in yellow so that you can see the increase or decrease, just for the record change order number one consists of some miscellaneous things, deletion of bike rack, trash can enclosure, added some pvc pipe, irrigation line, an irrigation ditch was deleted, the net amount on change order number one is a decrease in the contract by $8,911.02. Change order number two concerns fence changes, there's a deletion of some four foot fence, 533 feet of four foot fence added 354 feet of eight foot chain link fence and deleted 146 feet of six feet fence, the net change was an increase to the contract of $441.50. Change order number three is miscellaneous items, deleted remainder of the basketball courts which was about 85% of the cost bid, excavation was done at 15% of the cost, changed the parking lot valley gutters from four -foot wide to three-foot wide, deleted 654 -feet of vertical parking lot curbing and then we had a change of the sidewalk at Linder Road where it was detached from the curb and gutter to miss the power pole line, the net change in the contract amount for change order number three is a decrease of $14,999.20. Change order number four has to do with the restroom maintenance building, ventilation exhaust was moved inside the building, we added headers to some jack trusses to support an exterior partition, rest rooms door frames were switched concerning the panic hardware and the fact that the MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 27 doors were opening inward instead of outward so they had to be switched around and it was a minor change and they changed the exterior coating from paint to just a plain sealer, a clear sealer so the block maintained it's natural color, net change to this contract — to the contract for change order number four is an increase of $1,516.42. Do you have any questions on any of those four? Corrie: Tell me again why we deleted the basketball courts for $15,000.00. Smith: Well at the time we were — I guess there was really — I think there was two things that came into play on this, one was location, the proximity to the residential houses adjacent to the park, the other thing is that we were scurrying for funds because of the pump station that we were going to have to fund the total cost of since Turtle Creek Subdivision was going down for the count which meant we were funding 100% of the that pump station which was about a $50,000.00 bill we're estimating in lieu of 30%. Bird: The basketball courts will be in there. Corrie: At a later date then? Rountree: Well we're not sure about that, it might be coincident — Bird: It won't be in this contract. Rountree: It won't be in the contract. Corrie: Okay. Smith: Any other questions I can answer? Bentley: Yes, I have a question not specifically on this but I had talked with Tom about getting the rocks out of the top soil before they seed, has that been taken care of? Smith: I don't know anything about that subject, Kuntz: It's in the bid that the soil will be cleaned up enough for planting and I've addressed it with Brad and he is comfortable it will happen but we're going to keep tabs on it too. Bentley: Okay, thank you. Corrie: Any further questions? Mr. Bird? Bird: I move that we approve these change orders for Tully Park, for the Mayor to sign. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 28 Anderson: Second. Corrie: Motion made by Mr. Bird second by Mr. Anderson to approve the change orders and to have the Mayor sign and the City Clerk to attest to this, any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. Smith: Thank you Mayor and Council. Second item I have is a change order on well #19. This is the well that's drilled in the Englewood Creek Subdivision west of Ten Mile Road on the south side of Ustick Road. These are adjustments to the bid items that were bid by Riverside Incorporated, the driller of the well, they are final items to make adjustments for quantities of material actually used in the construction of the well as opposed to the bid amounts. The change order, this is the first and the only change order for the well, it amounts to an increase in the contract price of $3,057.50 bringing the total contract to $107,375.00. Bird: Mr. Mayor, question before I make the motion. Gary how deep do they have to go do you know? Smith: I'm having trouble recalling the number Councilman Bird but I think it's around 700 feet. Bird: Mr. Mayor, I make a motion that we approve this change order number one for the drilling of supply well #19 and for the Mayor to sign and the Clerk to attest. Anderson: I'll second it. Corrie: Motion made by Mr. Bird second by Mr. Anderson that we approve the contract change order number one for the drilling of supply well #19 in the amount of $3,057.50 for a contract price of $107,375.00, any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. Smith: Thank you Mayor and Council. One other item I might mention just for your information when we — after drilling the well and developing the well it flows with an artesian flow of 1200 gallons a minute and we're still six-foot ahead above the ground at that flow rate so we've got a tremendously large well, excellent production well. Thank you. Corrie: Okay since there wasn't anything else put on the department reports we'll go right to the Chief, Fire Department, Kenny, I thought I'd wake somebody up over there. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 29 Bowers: Good evening Mayor and Council, I don't know if you know Steve Bravo I'm sure you have, we've met with him before I see him poking in at the last minute my Rural Commissioner, what I wanted to do was thank you all for supporting our open house at the fire station, we went through a lot of hot dogs this year, we were able to put the public into our turnout year this year and had them do some extricating on the cars, they ran them tools themselves, broke some windows, pulled some doors off, they really enjoyed that, we did alright until the baseball team was over with, they had to come by then, Will did and bring all of them by and eat all of the hot dogs so we didn't have very many left but I appreciate all of the support you guys gave us. One thing I do need to bring up is a safety issue and I kind of need a little guidance from you guys, as you know Pine Street and East First and Pine and Meridian is putting lights up, they will take away the stop signs, 65% of our calls is going north on Meridian Road, we're going to be going through this intersection which has a couple real bad blind spots in it, I believe even with the help of Meridian P.D. I think this road's going to be a little faster now that it's going to be straight through with the stop lights in it. My safety concern is I have money in my budget to put opti-corn on the arms and what that opti-corn is it turns the light green for the fire trucks, it turns the other three intersections red. My concern was is if we would go ahead and do this project it will cost us $9,000.00 to do this project for both intersections, will the City Council and Mayor fund the $9,000.00 without having to go to the rural since the rural has a money situation at this time. This is the budget line item that Councilman Ron Anderson, Steve Bravo and myself set down earlier this year saying that we would not tap into the rural portion of it if we could get away from it but I believe this is going to be a safety issue for us getting into that intersection and for the public and I wanted to have a little guidance from the Council to see if we could go ahead and do this, at this time it would save us if possible if we could do it now it'd save us around $600.00 to $1,000.00 of labor if we do it at this time. Bentley: This is one thing that Kenny if you recall when we were sitting at the joint budget meetings with the rural that I brought up that I was really concerned that the after market of cost of going back and doing this later, I would definitely support putting this in right now. I'm with you I think it's a waste of time and the risk factor is too high to sit back and wait on this. Bower: I did not get to talk to Councilman Ron Anderson on this until just a few minutes ago so he's not up to speed on this either but I appreciate if we could do something like that, we do have $15,000.00 in that budget for the City side so we're not going out of the budget line but I just wanted to make sure and keep it in front of you guys of what we would like to do. Bird: Mr. Mayor, we don't have to have a motion on that then if it's within the budget, I concur with Glenn, Kenny I think it's cheaper to put it up now while MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 30 they're doing it, I think it's a very important safety issue and we're going to have to pay for it one way or the other. Anderson: I'd just like to say that I think this is something that doesn't need Council approval and Kenny's just asking for a little guidance here but I think if we can save (end of tape) Rountree: -- see that the benefit is dialed into the City and I don't think that in my mind you even have to differentiate the rural and the city in this thing, just get it in and the city will benefit significantly and the rural will benefit as well but that's in the side. Bowers: Does the City want to pay for it all at this time and possibly build the rural back later or do we just want just the City do it — Rountree: My feeling is we just pay for it and get it done. Bird: This is something we can work out at a later date — Rountree: If things work out at a future date and there's some lights or signals put out in the county in the rural's area maybe they can pick up the tab on those but let's not worry about it right now. Bentley: Or maybe Steve would like to come down and cook us breakfast or something. Bowers: That's all at this time unless Steve has anything. Thank you guys. Bird: Thank you Kenny. Corrie: Kenny and I talked about this early this morning and I agree with you guys, we wreck up one fire truck we've got that much there. Bird: You injure just one person badly in that and it's not worth it. Corrie: Mr. Tom Cruise. Bird: Tom Terrific get up here. Corrie: I like to say that in a bid crowd of — audience of women, they all turn and look. Bird: Do we need our red pencils? MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 31 Kuntz: Not yet, not after Tammy lended her support to our budget. Mayor and City Council just a couple of items, one is you should have all received in your mailbox an invitation to our little barbecue this Friday from 11:30 to 1:30, very informal, you're welcome to just come and stop by and eat. Keith you didn't get one? Bird: I'm serious. Kuntz: I'm sorry about that. Rountree: Would you go for me, I'm not going to be able to get there. Kuntz: It's 11:30 to 1:30, we'll be serving sausage and hamburgers. Bentley: RSVP I can't make it, I'll be in Coeur d'Alene. Kuntz: Okay. Bird: Is it RSVP? Kuntz: Yes, by Wednesday. Item #2, at the beginning of the summer program setup process we were a little concerned about possible funding for scholarships and the Meridian Athletic Association stepped forward and offered to help out if there were individuals who needed help funding for recreation programs. At last nights Parks & Recreation Commission meeting I brought before them a new program entitled "Care Enough to Share" and I have a little handout that I would like to leave with you and I would like to move forward and try and implement this program. The top page is a letter that would be sent out to businesses so that it would — all the businesses would have an opportunity to participate and on the second page is a form that the applicant who wanted to get some financial assistance would apply for. Bird: Have you had any applicants come in yet Tom? Kuntz: We've had two phone calls, one was from a family of eight — Rountree: I have one. Kuntz: So at this point we haven't had many, one we haven't advertised it except for the what we call our summer recreation program which is a daily activity and we put a scholarships were available so we've had a couple of phone calls. Bird: You say a limit of four to a family. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 32 Kuntz: That was a recommendation from the Parks and Recreation Commission last night what they recommended was that we go with the 50% funding so that it's not a total freebie that there is some money invested from the participant's side and that we put a limit on four per family. Bird: I don't concur with that, if they can prove they can't afford it I think that we have to some how or the other pick it up, I mean we can't hurt the kids because they don't have the financial means regardless of how we do it. Kuntz: And I think that the Parks and Recreation Commission approach to this is let's do a run through this summer since we're not really advertising it, see how things go, bring it back to us next year and give us a report and let us know how the thing flew. Bird: But if we keep because of finances of not getting to participate I'm not happy. Rountree: Well I don't think anybody is Keith but the discussion centered around how do you put limits on abuse, how do you put limits on the family request or eight children request — Bird: The Optimist Club does it Charlie, I mean they have a deal that you go in there and ask for a scholarship you've got to prove that you're not capable and we give it to them, I mean we do the pads, everything for them through the Optimist Program. I think you have to have a screening committee Charlie and that's got to be Tom, Dave, whoever's running the program. Sure I don't want to be taken but by the same token I don't want to see any family — because usually it's a family with a lot of kids that don't have the finances to do it and then I don't want to be paying for babysitting charges either so I just hope we don't have any children not involved. Rountree: There was considerable discussion amongst the Commission last night and lots of good ideas were thrown out, the bottom line was that it's late, we don't have a whole lot of time to craft a program. Tom had presented this to the group, the group said well given the timing take a look at this with that addition and that was added last evening about the limit as a trial for the year and work the bugs out next year in terms of a formal program. It wasn't advertised however in the brochure it did indicate that scholarships were going to be available. Tom also indicated to the Commission that Meridian Athletic Association had indicated that they would be willing to sponsor as well so I don't think we're going to miss anybody this year and I think your point is well taken but it's something the Commission would like to have more input on and maybe craft something to bring back to us for next year. Bird: I think the Commission needs to have a lot of input on this, I think we need to use that Commission very heavily. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 33 Rountree: And it was new to the Commission last evening as well, I had not seen it but I thought it was a pretty good discussion that went on and there were some good ideas about whether you do it 100% or just require registration fees or limit or don't limit or limit the number of activities the kids could participate in or maybe limit the total dollar amount that might go to a family, I mean there's a lot of options, we don't have the answers at this point. Berg: I just have a question about advertising and what are you referring to as you didn't advertise it this year so what are you going to advertise next year or how are you going to advertise? Kuntz: It wasn't advertised in the summer program guide and it would be included in there next year. There would be a page dedicated to the "Care Enough to Share" program, half the page would be requesting anyone who was interested in donating to the program and the second half of the page would be for applicants to apply for the funds and that would be included in the summer brochure which all of you should have got a couple of weeks ago. Bird: Yeah, very nice program too. Kuntz: Thanks. Corrie: Okay, so are you asking for — Kuntz: I just need some direction because we would like to move ahead with this. Rountree: Mr. Mayor, I would make a motion that for this year we advance the "Care Enough to Share" sponsorship or scholarship program for the summer rec. program as presented by Mr. Kuntz and that we request that the Parks and Recreation Commission evaluate this program and make suggested changes and bring them before the Council before next year's summer rec. program. Bird: Second it. Corrie: Motion's been made by Mr. Rountree and second by Mr. Bird to have the Parks and Recreation Department go ahead with the program. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. Kuntz: Thank you. Just some points of information, we've had two groups approach us with Paint the Town projects, both of them are at the old schoolhouse at Pine Street. One group is going to paint the schoolhouse and the MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 34 other group is going to paint the fence so that'll be done for the June 13th Paint the Town projects that we're kind of coordinating. We'll provide the paint, the primer and the brushes and so it's a good project, we're looking forward to the completion of that. Just wanted to let you know that we are working on a tree donation policy that we'll be bringing to you, I had an individual call who had a friend pass away and the group wanted to donate three trees and have a little plaque made up, we feel like we're getting enough of these requests where we want to have something down in writing to be able to deal with the situations consistently so we will be asking Boise and Nampa and Caldwell if they have such a program and we'll be pulling that together and then presenting it to you for your approval. Last two things, our staff has expressed a concern about fireworks in Storey Park, not the ones provided by the professionals but the ones with the families that come into Storey Park, get out the safe and sane bottle rockets and are shooting them at their neighbors in the park and really we had two concerns, one was the amount of clean-up that has to be done the next day and the other is the safety issue. The Parks and Recreation Commission addressed this issue last night felt like that if we could maybe get some service groups to come in the next day and help us with the clean-up would be appropriate which I think was an excellent idea and then post some signs as far as releasing us, explaining that fireworks are not approved in this area and talk to our insurance company and see what we need to put on the signs so that we can minimize the liability, I don't know if that paraphrases it or not Charlie but -- Rountree: Yeah, the point was made that we post the park, knowing full well we can't control them but at least post it in such a manor as that we definitely say no non -approved fireworks at — whatever it is, the safe and sane, probably need to work with Kenny as far as a code citation for those signs but to definitely say that those are prohibited so we don't get into a potential liability situation and the other point was to get with ICRMP and make sure that whatever it is we do helps in any tort situation that might come out, I mean we don't to exacerbate a situation by having a dumb sign out there but — Bird: ICRMP's probably got the sign — Rountree: They probably have the language — Bird: Yeah, the language you need on the signs, they did for the ordinance for beer in the baseball field. Anderson: I might add that in Nampa I've participated for several years now in the God and Country Rally where we have live fireworks set off by a licensed pyrotechnic person there but there's also fireworks in the park but the Fire Department is present during the lighting of the pyrotechnic fireworks and a strong police presence, the bicycle force in the park at the same time has kept MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 35 illegal fireworks down to a minimum because there's somebody right there to snatch those people the minute the first bottle rocket goes off. Kuntz: What do you think of that Chief? Gordon: I'm willing to try it again but we almost lost four cops in that center, you've seen our park on the Fourth of July and it's no man's land, you can's get cars to them, you can't get bikes in there and when the officer's go in they're on their own, we almost lost four about five years ago and we've pulled them out, it reaches a point where they're just out of control and I can't get to them, I'm willing to try it again if we post it properly, work them over good at the entrance we'll give it a try but it reaches a point where people just stop their cars and get out and walk off and leave their cars, the roads are blocked, the drunks really start taking the place over and it's tough but I'm willing to try it again. Bentley: See, you need that APC I told you to get a month ago. Gordon: (Inaudible) — but yeah, to get control back then you got it but once you lose it it's tough. Anderson: Yeah if you mix the alcohol with it then you've got a volatile situation there and I don't know — Gordon: Let's try the signs and we'll try it again. Bird: We're getting in such an enclosed and you're talking about the Speedway — everybody, I mean they're parked all over like you say they just come in and abandon their car and start going and you've got a bunch of people it's been pretty ugly down there for lots of years. Kuntz: Okay well we'll work with the Fire and Police Chief and see what we come up with. Bentley: I make a motion that we have Tom go down there and put on a uniform and — Bird: I wouldn't put him in a uniform just take him down there. Kuntz: I have a helicopter rented for that weekend. Gordon: I could put him up in a uniform Corrie: Here's your chance guys. Bird: (Inaudible) in a uniform. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 36 Anderson: Barney Fife, do we get a bullet. Kuntz: No bullets, no bullets. Anderson: Well we could get you some bottle rockets. Kuntz: The last item I have is a new concept for a park that I presented to the Parks and Recreation Commission last night. We have an opportunity to purchase twenty-two acres on the south corner of Pine and Ten Mile and the concept would be instead of athletic fields which I know we're very short of, is that we build a somewhat of a working park that would provide an opportunity for family, children to experience maybe a little bit of the traditional farm life that is a little bit of Meridian's history and on the site is a farm house, actually it's fairly modern, but then some outbuildings and possibly have a couple of milk cows, a couple pigs, a couple chickens, nothing that would require a lot of time but that we would hire a park's employee that would actually live on the property and that part of their responsibility would be the upkeep of the park in exchange for living on the property, we would have some grass areas to families could come out and eat picnic lunch, there's some running water that runs through the property that we might be able to pond up and put some fish in the pond. I think we could probably purchase the twenty-two acres for — they're asking about $300,000.00 and I think we could probably get it for about $275,000.00 and it is something that I want to strongly consider for next year's budget and so I guess I just wanted to let you know about the concept to give you some time to think about it and I will be re -approaching you with some additional ideas for funding it. Bird: Tom is this the old Wright property just as you drive down Pine you can drive right into it? Kuntz: No, it's on the left right there. Rountree: It's on the east side. Bird: Oh it's the south-east corner. Kuntz: Right and I stopped and talked to the husband and wife and they're getting on in years and just want to get into a smaller — Bird: It's got a mobile home in there — Kuntz: Well it's double -wide something, it's got new siding on it and quite attractive, nice people and some corrals. Last night we talked about it, there was some great ideas thrown out, one was that we have some old farm machinery brought in on display and get the FAA involved with some projects — MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 37 Bird: Tom you know that isn't — I don't know how many acres they need for the rodeo but maybe that's a joint thing we could do with the Lyon's Club and have our permanent rodeo grounds out there. Rountree: You forgot the barbecue, the annual barbecue. Kuntz: We'd have a community garden out there and then in September every year we'd have a little harvest fest out there and — Bird: What kind of a commission meeting is Tammy running? Kuntz: Well I think it's got some real merit to it and it's kind of exciting. Rountree: Who's going to cook the ribs and (inaudible) the pop bottle rockets? Kuntz: Dave Costello. Bird: But seriously, approach the Lyon's Club on a joint venture, you could have that — Kuntz: You bet, that's a good idea. Bird: And even the Dairyman's, you might go to the Dairyman's Association who owns the property up there at the Speedway maybe they have some extra money, I doubt it but maybe they'd donate. (Inaudible) Kuntz: Well in light of the meetings we've been attending with the visioning with the Chamber and having our own identity I don't think there's a park similar to this in the valley that I can think of and with park land being bought up and I think it's got some real merit. Bird: I do too but I'd like to see it with the rodeo aspect too, the rodeo grounds. Kuntz: Okay, can do. That's all I had tonight Mayor, thank you. Corrie: Okay, thank you Tom. Rountree: Thanks Tom. Corrie: Chief Gordon? Gordon: Just a couple of quick items. Nampa's got a heck of a lot more cops than I do, if we could get them over we might be able to do it, it gets real serious and real ugly, we could try advertising the no alcohol, the no fireworks, if we could get the news media to give us a hand and start early, we're okay until the MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 38 sun goes down and then it becomes no man's land and I'm serious it gets dangerous and not only am I concerned for the safety of the officers but if they get into a position where they feel that they're well being is in jeopardy and then they get real serious and somebody else is going to get hurt so we yanked them out, we stand there, we stay in the parking lots usually till about dark and then we pull out of there because that's when everybody — they want to see the fireworks and they just start stopping their cars, you can't get in you can't get out so we can try something else but you know it's going to be tough for the first year or so getting control of them I guarantee you but it's worth a try if you want to do it again. Kuntz: Chief, do we need to do something more as far as traffic control possibly? Gordon: Yeah if you keep all the cars out of the park that would help, make them park on the street or in the fields, control the entrance — Bird: I'll guarantee you they're going to park right in the middle of the street when it comes fireworks time, you're better off to let them get in there, Chief's 100% right, I've watched that thing for — since 1965 and it's been — after — when that fireworks start and it gets dark you get out of that park. Nampa might be able to control but Lakeview Park's got one heck of a lot more area and probably less fans at the God and Country Rally's I've been to than what you collect up there. Gordon: (Inaudible) it's doubling each year, population, we're getting real popular with Boise people coming out here because they can get to us but I can see a real problem coming and maybe this is the time we need to step on it or try. Anderson: I feel it's just going to build up if we don't take a strong hold at some point, I mean that's what they're doing at Eagle right now with this nut feed and if we're just going to turn it over and let any drunk go in the park and do whatever they want then it's going to do nothing but get worse. Corrie: You could always eliminate the fireworks. Gordon: If you folks tell me you want me in there we'll go in. Rountree: Well isn't there a possibility also of getting the county involved? Gordon: That's a possibility but I don't think we would be able to do it, I was thinking more of the State Police, we loan officers to Emmett for cruise night maybe we just need to borrow some back on a reciprocal agreement. We're presently working out a mutual aid agreement with Garden City and Boise, that could possibly be something to look at. I think if we do a lot of advertising to start with I think we could — that would be a start and then just a heavy presence. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 39 Corrie: I think Ron's got a right idea there that we can't just turn it over to them and that's almost what we're ending up doing. Gordon: Well it is picking up, it'll be totally out of control if we don't do anything so— Rountree: o— Rountree: All you have to do is read Rudy's letter. Gordon: I read Rudy's letter. A couple of quick items I mentioned that we had a couple of cars crash from Friday about 9:30, we had suspicious subject, a car rolled up, got out and he saw the guy hiding in the bushes, he yelled at him, he jumped into a car and almost ran over the officer and then hit the patrol car head on and pushed it out of the way, got out of there and the chase took off and he went down Meridian and jumped out at the river, swam the river, got on the other side, stole another car, took off for Caldwell on Chinden, they were waiting for him, turned him around, he came back, Garden City in Boise was waiting for him down at 55 and State Street, he jumped out at that point and one of Boise's dogs got some training time in on him and the guy didn't have a sleeve on but he pulled the dog off, got him handcuffed and then the dummy tried to kick the dog and the dog got him again. this guy just got out of jail, two stolen cars and just a variety — we don't have any insurance, he doesn't have any so that's going to be a neat situation, about $2,300.00. The other one was yesterday and we had a car responding code and stopped at a four way stop, everybody stopped, he started through and a lady started through and hit him broad side and pushed him into another truck, nobody was hurt but we did a lot of damage to that car so we got two down and Councilman Anderson was talking about the light controls boy I wish the police cars had them at times too but when you start running code things get a little bit serious and they can be costly so if you can control them I'm all favor of that. Anderson: Do you not have any opti-com's on any of the patrol cars? Gordon: No, it's never been an issue any place I've ever worked, the Fire Department has them but it's a little tougher for you guys to stop yours than it is us, I didn't know they did them for police cars so -- do they? Anderson: Yeah, it'll work for any emergency vehicle. Gordon: Something we might — well this is four way too so it didn't do any good there but it might be something for us to look at. Another issue we've met the traffic safety committee's met twice, we're getting an awful lot of cooperation out of ACHD, we've had a couple of issues we've already solved, just local traffic problems, you guys want me to report at council meetings, do you want reports in writing what we're talking about or how do you want to do that? MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 40 Berg: Can I make a comment? I've known I've had a couple of people ask me about what's been going on which I told them to call you or Gary but I think the public might want to know something in written down form to know what you are discussing or resolving or — Rountree: You should be taking some kind of minutes, not verbatim but some type of minutes that are available, if you want to just stick those in the box that would be fine. Gordon: We can do that. Corrie: If you want to send them to me I'll get them copied. Gordon: They're not full blown minutes just issues that we talk about and what we resolve and some of the things like I say ACHD Joe Roslin has been super and I really had my doubts but he's come across really good. Last item that I have is the senior center, communities are judged by their young and their old and how they take care of both, I would highly recommend if there's any way you folks can give them a hand do it. My department goes over there at least once a month, we give them talks, we attend their lunches, we attend their meetings and usually when somebody refers to me as sheriff, them's fighting words and I saw Councilman Bird kind of look over to see what I was doing but those folks call me a lot of things but I still go over there so — don't get on a pool table with them either, I have yet to win a pool game. Bird: I thought you were going to fall out of your chair over there. Gordon: No. Corrie: You now have a new name Sheriff. Gordon: That's all I have. Corrie: I have a question for you, I got a call in my office this afternoon they want to know who the lady was with the pot bellied pig, they lost it and they finally found it at a beauty shop, luckily we had it on file and they went it picked it up but did you know that the pot bellied pig got out again? Gordon: The pot bellied pig is out daily. Corrie: Is it? Gordon: Yeah and when somebody was mentioning a barbecue we discussed that. Corrie: There's the guy right back there. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 41 Gordon: I notice that the ordinance hasn't been passed and the owner of that pig has not been back in. That pig is out regular, they do not keep it in. Corrie: I get a lot of calls but this one was kind of funny today that it was at the beauty shop, they found it. Gordon: Legal is working on a progressive ordinance where first time is so and so, second time is more, third time is more, we might reach a point with this pig where it could be barbecue material. Corrie: Okay thank you Bill. Anybody else over there? Okay, legal? Crookston: The only thing that I have to discuss with the Council is the decision by Judge McKee on the Statesman versus the City on the Parks and Recreation people that had applied for the job. We've had some discussion with the attorney for the Statesman, we believe since Judge McKee's decision was kind of a yes and no decision, it's my understanding that possibly the Statesman is going to appeal that, the question is if they do not appeal it does the City wish to appeal it? Corrie: We didn't win either way but — Rountree: Well we did and we didn't. Crookston: We won and we lost. Rountree: I would say let's not beat this one anymore, if they don't appeal then let's drop it, they can start whatever precedence needs to be started for the next one which will be with the City of Boise I suspect. Corrie: You have something to say Mr. Berg? Berg: Yes, I would. Well I mean this deals with litigation that maybe you want to discuss a little bit more in executive session but did you have a conversation with Ken from AIC? Crookston: Howard? Yes, I did. Berg: He was really kind of interested in the issue because it dealt with a precedence for cities and maybe even not just cities but public agencies. Rountree: I guess if they'd be willing to support the legal fees. Berg: Well that's been done before on an IRS issue. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 42 Crookston: I just put it out for your thinking. Rountree: Well that's good to know that they're interested maybe they need to -- we need to work with them a little more closely on that. Crookston: That's all I have. Rountree: I had a question for either Wayne or Gary or both, what's the status of retaining somebody for the acquisition of the property in question on Eagle Road for the extension of the sewer and moving towards condemnation if need be? Crookston: I have talked to Fred Mack who has represented ACHD for a long time, he's done quite a few condemnations, in my discussion today he said that it would take approximately four months to get that condemnation done, there are some things that we have to do before any legal action is filed and I have not talked with Gary about getting an acquisition firmed. Corrie: Let me shed a little light here to the Council. I have a letter from Saums and Elixir that they don't intend to do anything for quite some time, they don't want to put the sewer in, they don't even want to talk about it. We sent one more letter to them, asked if they'd like to talk to us about the acquisition or putting that into it and they haven't got back yet but David Witt and his secretary sent the letter back that they don't wish to negotiate or anything else with it and they want to drop the matter and they will not even talk to us on it so I had a meeting with the guy from R.C. Willeys out of Salt Lake City, they're on a time schedule that they needed to get sewer going with it, Van Auker is going to — what the $700,000.00 sewer bond up, he's going to start running his sewer so I suggested that we get that letter from Saum's anyway and start with the process of going ahead and taking that land and putting the sewer in. Rountree: I guess Wayne is it your recommendation then that we go forth with Fred and acquire his services to do this or — Crookston: It would be my recommendation that that be done, I have never done any type of condemnation whatsoever. Rountree: I don't think we have the luxury of (inaudible) on this one, I think we've got to get it done. Crookston: I agree. Corrie: That 300 acres that needs to be done and they're ready to go with it, they've got the people, they've got it all engineered and everything it's just 600 feet of us holding them up. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 43 Rountree: Did you happen to discuss fees? Crookston: No, we did not discuss fees. Rountree: But I assume he does it on an hourly basis? Crookston: I would assume so but I have no idea what that hourly rate is. I think that there needs to be an agreement between his firm and the City of Meridian to do it. Rountree: I would make a motion that we have an agreement prepared and executed between the City of Meridian and whomever's firm of Fred Max Employment for the acquisition and/or condemnation of the property in question for the extension of the sewer line to Van Auker's property. Bird: Second. Corrie: To the McCall property I believe it is. Rountree: Well yeah, to the McCall property Corrie: Motion made by Mr. Rountree second by Mr. Bird that we have an agreement written up with Mac the attorney. Any further discussion? Crookston: The firm name is Holland and Hart. Corrie: Holland and Hart, okay. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. Corrie: Mr. Bird? Bird: I have none. Oh wait a minute, one thing. I understand you've got an accounting firm ready to go for 1997? Corrie: They're in the process right now. Bird: We have got our two budget's back and I understand this next week we get the next one? Corrie: That's my understanding. Bird: And the legality of hiring this Bluecoff or whoever they are is no problem? MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 44 Corrie: No. Bird: And that is a firm price -- Corrie: They're going to give us a — he said — Kevin Anderson said in the $15,000.00 range, it could be less than that but he's going to get back with me next week I guess it is and give us a firm answer in writing but he worked today with Janice, there's another one that's auditor's with them as well. Bird: Good. Corrie: Mr. Bentley? Bentley: Well on the line of that do we need a motion to put these people on so we can get this thing rolling or do we want to wait till the next meeting or what? Rountree: I thought we already did that. Corrie: We already did that. Anderson: We directed the Mayor to get it done. Bentley: I had a question for Shari and evidently she decided to leave but the question is and I'd like to see it passed on as where are with getting a list of enclaves for forced annexations? I mean the last Council made it evident and this Council has made it pretty obvious that we wanted to get going on this. Corrie: Yeah, I talked to her a little bit about that in the — there is — it's going to take about four months to do everything right but she's starting to do it now, she's got another — she's hired another planner and she's hiring the two code enforcement officers right now so it'll take about four months to get it all put together, that planner's working on that one now. Bentley: Also I received a letter from ACHD at the last APA meeting, I talked with Susan Eastlake a little bit about the problems that keep cropping up with sidewalks over here, the site I was talking about was on Linder Road behind the Circle K, the church over there, their sidewalk has been put in totally below the road grade and I stated the fact that on the other side of Linder we had problems and all up and down Locust Grove we've had problems in the past and they came out and they checked it and she sent me a letter back that yes this whole sidewalk will have to be removed, you know as part of this problem and what I'd like to see is us to next time we meet with ACHD is put this on our agenda to see if there isn't some way we can get this thing coordinated to where these people know what the grade is they're supposed to put these sidewalks in because all we're doing is they're spending the money on sidewalks and ACHD MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 45 is coming along and ripping them out I mean we're better off to put no sidewalks and just have the people bond if we can't get some faction put in place that we get the word to these people that this is the grade your sidewalk has to be in because of the road plans. On Locust Grove if you new councilmen have driven on it on both sides of Fairview up there the sidewalks half the places don't meet and the one instance I brought up to them last year was they had sidewalk ending on both sides of a six-foot deep ditch with no gates on the end of it and they went out and checked it and immediately stuck a culvert in and paved it and put gates up so nobody could fall off the sides but this is an ongoing problem we're having and the church people I guess they stated in this letter that never contacted ACHD as to what the grade was supposed to be so it's a waste of money for people doing it and then it's a waste of time to come back and straighten it out so I don't know what the answer will be but maybe if we get together with our joint meeting with them see if we can't get some way to get it lined up so that the people get the word that you've got to put your sidewalks to grades. Corrie: I was thinking they had to do that anyway. Bentley: Well somehow it's getting missed and it's just an issue I want to look at. Anderson: When we had that meeting with ACHD I asked that question about why they couldn't put those in and their answer was that because the road hasn't been designed yet so they don't know what the elevations are going to be, the only that they know is what the width is going to be but I've given that a lot of thought since that meeting and it seems logical to me that if that road is not due to be redone within a five year or ten year period that maybe the requirement should be that you simply match the existing road grade now and you pave and you put a sidewalk in because these subdivisions that go in now some of them put in curbs and sidewalks match the existing road and they look great and others throw a sidewalk fifteen -feet out in the middle of nowhere that people can't even get to and then there's big mud puddles all over the place. Bentley: Well they just got done a week or two ago going out there and dropping a grate in about twenty foot of asphalt in out there to get the water away from the sidewalk out in the middle of the dirt field or in the dirt road bed there you know so I know, I don't know if there is an answer — Anderson: So I would think if they're not going to touch this road in a five year period that then they go ahead and require the people to put them in and match the existing grade. Bentley: Yeah well, this one didn't match the existing grade either so that's kind of the problem. Anyway we've got Steve here and Steve spoke to me earlier and I told him I'd bring this up and I've done some thinking since I talked to you Steve MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 46 so my opinion's changed just a little bit, we have a cooking safety problem of possible commissioner coming out and interfering in the operations on a fire scene within the city limits of Meridian, he was asking that if we wanted to put a letter together from the Council and the Mayor stating that there is a policy that Rural Fire Commissioners cannot come in and interfere with the ongoing fire fight within the city limits and I told them that I would bring this up but further thinking on it I think them to do that is a violation of the law if I'm not correct and you'd probably know a little more about that than I would on that and if that's the case I really don't think we need to state a policy if it's already taken over by law because a Rural Fire Commission has no jurisdiction within the City and it would be just like me walking over there as a public citizen and trying to tell Kenny or any other fireman to get the hell out of the way, he didn't know what he was doing. I think they're subject to arrest and prosecution and I really don't know whether we need to take this any farther. Anderson: I guess from my perspective I've instructed all of the company officers at the Fire Department that if he interferes with them that they should have him arrested, there's past precedence been set whether it's a homeowner or anyone who's interfering with a police officer or a firefighter in the line of their duty can be arrested and so I'm not sure we need a specific city ordinance but he will be told at the — I think we have a meeting on Thursday with him that if that happens in the city of Meridian that he will be arrested. Bentley: So Steve I think that would — Bravo: Yeah, the reason I asked that is because I didn't know if there would be time for any of you guys to be at that meeting and it was more of a reiteration to get through a thick skull basically if not a tool to reiterate. Bentley: I told you I'd bring it up and I wasn't going to let it drop because I'm in total agreement with it. Corrie: Just for the council's edification I've already ordered Kenny to — if he's out there if he makes any comments or anything else to call the Police Department, have him arrested and taken out of the scene immediately so he's got those orders to do that anyway. Bentley: It sure doesn't help build relationships but I don't know what you do with the guy otherwise. Corrie: We can't take the liability chance and if he's interfering like anybody else with the Fire Department we can't do it, it's against the law so he's got his — Anderson: Have you all had John Fitzgerald speak to him? Bravo: Well we're going to try and have a little thing at — that's why we're calling a special meeting just for this. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 47 Corrie: I would think that you two, you and Monte can go together and make a ruling that he's not to interfere with the Rural Fire and that has to be done and he can't do it then. Bravo: Right, it's our (inaudible) we can pass a resolution — Corrie: The same thing we talked about earlier at the office okay. Bentley: Next, where are we at with getting on with the feasibility plans of the new City Hall, has the book been completed? Corrie: Who's got the report now? Rountree: No, it hasn't. Berg: No, I think I just received it Friday and so I was going to I think pass it on to you next is that — you wanted to look at it? Corrie: (Inaudible) Berg: Okay, I'll look on my list and see who else needed to look at it but I think — you haven't seen it? Bentley: Can we please get this wrapped up? It was supposed to have been done in two weeks and that was a month and a half ago. Corrie: So if you'd get it over to him then if he's the only one who hasn't seen it, Tom? You've seen it Chief? (Inaudible) Berg: The original design didn't include the Parks Department. Smith: I don't believe it did. Bentley: Well we plan on having them back so we ought to have their input in that book right? Corrie: Well we've only had — Berg: Well the input wouldn't make any other suggestions to what they have already written, we'd have to just make an entry into it. Corrie: (Inaudible) but not necessarily the parks (inaudible). They have their own buildings outside of — Rountree: They don't want you in City Hall Tom don't worry about it. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 48 Kuntz: We're going to build our own building. Corrie: Mr. Bentley, any more? Bentley: Oh yeah, I've got plenty, we're on a roll here. As you all know the legislature passed the approval to raise the mill levies up to 004, we need to find out what our desires are, if we're going to pursue this, if we are what the time tables are and put a plan together to explain what we're doing, why we're doing it (end of tape) — are we out of tape? So what do we need to do to put this together? Corrie: Council has to decide to go for the 00400 mill levy, vote on it an then we put it out for vote to the people and have one crack at it and then the citizens have a — it's been at election time so we can do it November 6t" and put it on the ballot, the council has to make up their mind whether they want to go for that or not unless the — also with the district fire as well, I think there's a lot of discussion that's going to have to be done between now and the time we put it up for election. Bentley: Okay, my question is what is the time frame that we have to say yes we're going to go with it, Will do you have that? Berg: No, I have not researched that. Rountree: Is it a one time so you can pick any time within so many years to do it? Berg: No, it has to be done this year. Bird: November 2nd is the general election. Corrie: And it can be put on the ballot at that point. Bentley: I would suggest then that Will you research that and find out what our deadline is, when we have to make application for — Rountree: Do we have to apply to the county then? Corrie: That's a good question — Bentley: Well I think that's part of the research he needs to do — Berg: This is different than the Fire District because they have some other different things to go through. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 49 Rountree: I guess at this point I'd make a motion that we advance work towards re-establishing the mill levy at the one time offer made by the state legislature this year for the City of Meridian to .004%. Corrie: I think we're at .003 something. Bird: Three four. Corrie: Three four, we need to — if I understand his motion that we take the one time try and go for the election at .00400 to get us up to — Bentley: To what the legislature will allow. Rountree: Yep, to what was allowed. Corrie: Okay the motion has been made do I hear a second on that? Bentley: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bentley that we pursue the .00400 mill levy that gives a one time try with the state election time and to find out the particulars on that. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: All aye. Corrie: Okay so you'll find out the — Rountree: Will be doing that? Corrie: Will be doing that. Bentley: Next, Gary on the new storage well facilities out at the new park, the 56 -acre park, when are we going to start construction? Smith: I've got preliminary plans in my office, I received them last week on the majority of the project, I haven't had a chance to look through them yet, I need to meet with CH2M and I expect to have construction complete by June of next year, I don't remember the dates between now and then but — Bentley: Okay, how long do they figure it's going to take to do that, do you know? Smith: Construct it? MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 50 Bentley: Yeah. Smith: No, I don't. Bentley: Next question, have we sat down and decided how that's going to lay out? Smith: How what's going to lay out? Bentley: Where it's going to sit in that piece of property? Smith: Well I have a plan, I mean we've located the tank on the engineering plans, yes. Bentley: Have we looked at them, the Council? Smith: No. Bentley: Because what I'm getting at is and I don't know I haven't seen the plans that I can recall so I don't know, I hope we're picking an area that won't dissect the property to where we — Rountree: No, it's right on the corner. Bentley: But I thought we said we were going to move it off the corner for site reasons. Smith: It's not on the corner, it's several hundred feet west of the corner. It's probably a hundred or so feet west of that concrete irrigation ditch that's on the west side of the residence that's out there and that's where we drilled our test well for the production well. Corrie: I believe Gary that if they go out there they can see where the farm land has been squared off there. Smith: Yeah, they've excluded the farming of the tank site, now if you want to review that and I guess that's -- the location is not chiseled in stone so that's — Bentley: That was my only concern and I know we were moving it from what the original site was but I — Smith: I never moved it from where we originally were going to locate it. Bentley: Well I think at one time they were talking putting it right on the corner, were we not? MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 51 Smith: No sir. Rountree: That corner two acres was always — Smith: We've just stayed away from that corner because of that house and don't know of any other particular reason other than we wanted to stay back away from the corner so that it wasn't — because this thing is about 150 -foot in diameter and 25 -feet out of the ground so it's going to cast quite a shadow. Bentley: Okay thank you. Smith: But again, if you want to review that let me know because we are getting to a point where if there's going to be some planning for the park and it's going to create a problem for future plans on the park, I don't know about these park things, all I know is that we need a storage tank. Bentley: And I understand that and maybe to get together with Tom and let him take a look at the thing and — Smith: He's already asked me tonight and I'll get a copy of that plan to him. Bentley: Okay that's fine, that was my only concern. Smith: I just don't want to keep doing things over and over but if there's something that we need to change then we can do that. Bentley: That's why I was asking what the time line was so that we didn't run into a situation where we wind up stabbing ourselves in the foot. Corrie: Can we make that into a big dance floor up there on top of that? Bentley: On the roof? Yeah, that'd be good. Smith: Yes sir it's a flat roof, you could do that, you'd have to get a way up there and a way down but — Bird: With our past history that tank will be antique before we get the 58 -acres developed. Corrie: No, I doubt that. Bentley: One other fine thing, I guess we got a note of complaint from one of the gentlemen out there by the Remax party — Rountree: Rudy? That's an annual thing. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 52 Bentley: Yes that's the annual deal, is that going to change this year because the bar's no longer there? Rountree: I would guess so. Corrie: It's Remax, I don't know if they — Bentley: Yeah, I was wondering the same thing. Also I wouldn't swear to it but I think Remax has moved west on Cherry Lane so they're not even in there anymore, the only alcohol establishment left there is the Whitewater and I don't think that they had any part of this before. Corrie: They had no request for an outside dance thing anyway. I sat over there last year and I swear I didn't have a problem with it. Bentley: I went by it and I didn't see a problem. Well I ran out of things. Rountree: You ran out of things, well that's good. Corrie: Mr. Rountree. Rountree: Planning session on the 26th, next Tuesday, it looks like we're going to want to talk about the water situation with United Water so we can get something to the church and maybe establish some kind of an approach. Gary? Smith: Mayor and Council, do you want me to invite Kathy Shifflet to that meeting, see if she could come and talk? Rountree: Yeah. Smith: Okay because I'm sure she'll be able to answer a lot of questions that I could not. Corrie: Have her come about 7:15, 7:30. Smith: About 7:15 on the 26th? Corrie: (Inaudible) — got a 6:30 with Candy Weaver. Rountree: Okay, that's right. The other items I'm looking at is we do have a session with Candy Weaver, we're going to talk about IEC, she's going to talk to us about their services, I'd like to talk about some ideas and start some brainstorming on what we can and can't do with the Senior Center and assistance there and I'd also like to have the City Treasurer there to give us a 101 on the audits that we received, what they say, what they mean, what are the MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 53 reserve amounts, it takes a little time to distill that out of those audits and I think is she could come and help us all through that and maybe Will can assist. Those are the items I thought we would cover in the planning session. Will do you have any — Berg: Yes, the Ada County Assessors office called and wanted to take ten or fifteen minutes and go through the tax evaluations for the coming year — Rountree: That's right, you gave me a note of that and that would be good and they'll have that information for next week with — well let's make some time for them. Berg: Yeah, could I tell them a certain time, he said it probably wouldn't be more than ten minutes and then whatever questions we may have. Rountree: I would guess Candy will probably go an hour, hour and a half, -- Corrie: Probably not more than an hour. Rountree: So that's 7:30, we've got United Water at 7:30, 1 can see us going on that 30-45 minutes real easy, maybe 8:00-8:15, something like that and could you take those items and make an agenda for us Will. Tom pretty much covered the things with Parks and Rec. and Glenn took care of the rest of my list so let's move on. Corrie: Ron? Anderson: Yeah just one thing, I have an attorney working on an agreement for services between the City and Rural District and possibly next Tuesday night at that strategic planning meeting I can have that agreement done and we can look at it and talk about it then and then as soon as we've had a chance to meet as a council on it then the Rural District would like to meet with the Council as soon as possible and discuss the agreement, is that correct Steve? So probably a special session will be needed after that, after we have a chance to get together. Rountree: Does it appear that we have at least a majority of the rural folks in agreement with proceeding on with this or are we — Bravo: I believe so. Rountree: You believe so, okay great, thanks Steve. Anderson: That's all I have. Corrie: AIC meeting the 16tH 17tH 18tH 19tH anybody going to be — I think Charlie is going to try to get up there, anybody going to be able to go up there besides himself and myself? It's Idaho Falls. I'll be going up Tuesday morning MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 54 real early so Charlie will be taking over the council meeting Tuesday. Also I believe we're trying to set up a 4:30-6:00 Jim Johnson thank you get together here. Berg: Yeah, recognizing Jim next Tuesday, I was going to discuss this with you, I talked to a couple of — just an open house for his retirement. Rountree: On the 26th? Berg: Tuesday the 26th from 4:30-6:00. Rountree: You'll put a note in our box? Berg: Yes and make sure Jim can make it and Virginia can get him there and that way it's open to the public and anybody can come out. Rountree: Okay, great. Corrie: I'd like to request an executive meeting for about five minutes if I can have it. Bentley: Okay I have two quick things. Will I'll be gone Friday through — I'll be home sometime Monday, this Friday. Just Friday through the Monday, I'll be back Tuesday and secondly has the Fire Department, the Union received copies of the two audits? Corrie: No we didn't get them copies, we'll send them tomorrow — Berg: They've only been given to the Council right now that I know of so they can look at them and make sure they're — Bentley: They need to have those ASAP. Corrie: Do we want to give it to them now, we haven't approved them. We'll probably approve them, if everything goes right you can — Rountree: I think we could probably go ahead and release them — Bentley: Release them to them with a note that they have not been approved by council yet. Rountree: Maybe after the 26th Corrie: Okay we'll get a copy and then I'll put a cover letter on it and send it by registered mail. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 55 (Inaudible) Rountree: That would be my preference so we get an opportunity to discuss what's there and get some — Bentley: Okay if you want to do that fine I just want to hold it till then but let's make sure we get them to them right away. Corrie: Anything else? Rountree: I make a motion for executive session. Bentley: Second. Corrie: Motion made and seconded, all in favor say aye. MOTION CARRIED: All aye ENTERED INTO EXECUTIVE SESSION AT 10:11 P.M. BACK FROM EXECUTIVE SESSION AT 11:53 P.M. Corrie: We're out of executive session at 10:55, we discussed personnel issues. I'll entertain a motion that we adjourn. Bird: I make a motion that we adjourn. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree that we adjourn. All in favor say aye. MOTION CARRIED: All aye. MEETING ADJOURNED AT 11:57 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) I_lWWWO] TLA :193 ROBERT D. CORRIE, MAYOR MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 56 ATTEST: WILLIAM G. BERG, JR., CITY CLERK