HomeMy WebLinkAbout1998 10-20MERIDIAN CITY COUNCIL MEETING OCTOBER 20. 1998
The regular meeting of the Meridian City Council was called to order at 7:31 p.m. on
October 20, 1998 by Mayor Robert D. Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Bob Corrie, Will Berg, Bill Gigray, Bill Musser, Gary Smith, Brad
Hawkins -Clark.
Corrie: The consent agenda is the minutes from the previous meeting held October the
6t", 1998.
Bentley: Mr. Mayor I move we approve the consent agenda.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the consent agenda.
Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Council before we get into the regular agenda, I've had a request from Becky
Bowcutt. She is going to be the engineer I guess and needs to talk on item 4, 5, 6, 9,
10 and 11. She has also a couple of things to do with the City of Boise right now, so
she's going to ask if she can delay that until the last items after 16. If there's any
objections, I would like to ask the council if they would be in favor of that.
Rountree: Mr. Mayor I would just question if she would have any involvement in item
four. Did Bill retain her?
Corrie: Does she have anything? She came into my office and she said 4, 5, and 6
and as well as 9, 10 and 11. Do you know item 4? Okay then it will be 5, 6, 9, 10 and
11.
Bird: Do you need a motion on that Mayor?
Corrie: No, I don't think so.
Bird: I have no problem.
ITEM NO. 1: FINAL SIGNATURE: B.S.U. CONTRACT WITH CITY AT WATER
DEPARTMENT BUILDING.
Corrie: Counselor do you want to give us some information on this and what we need
to know on it?
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October 20, 1998
Page 2
Gigray: Mr. Mayor and members of the Council, as you recall this matter has been
tabled for a couple of meetings for the purpose of in the first instance having reviewed
by the city attorney's office and in the second instance some additional time was
requested in order to ferret it out some of the issues over the long term relationship that
will exist between the State of Idaho Department of Education B.S.U. and the city. I'm
happy to announce that we have all of that worked around. Amanda Horton who is
representing the State Board of Education has agreed to the terms of the agreement
which you have in front of you which is really with some minor modifications with
regards to indemnification on the part of each of the parties with regards to their
occupancy of this facility and intended use. Basically what was being looked at and it
also provides us with a framework to go forward with this arrangement in the future. It
provides for the appropriate quitclaiming of any interest that the State of Idaho has in
the premises. Note that the last deed of record that was discovered was on in 1957.
Although Amanda Horton said there was an unsigned deed that they had found. This
agreement takes care of any problems we have with regards to that and we're at a
position where we're recommending to the City Council that it's ready to be entered into.
Corrie: Any further questions or comments from Council?
Bird: I have none.
Bentley: None.
Rountree: None.
Bird: Mr. Mayor I move that we enter into this B.S.U. contract with the city for the water
department building located on 8t" Street and for the Mayor to sign and the Clerk to
attest.
Bentley: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Bentley to accept the B.S.U.
contract as written and have the Mayor to sign and the Clerk to attest. Any further
comments or discussion? All those in favor of the motion say aye.
MOTION CARRIED: All aye.
Corrie: Is there anything else on that Counselor that we need to —
Gigray: I think the Clerk has a resolution that you can just execute that what you've just
done as the resolution. There will be a certificate and I think we prepared that way back
and if it's somewhere in the office. We'll get it straightened out.
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October 20, 1998
Page 3
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Rountree: I believe this item is subject to a special meeting we're having Thursday
night. So I would move that this item be tabled until our next regularly scheduled
meeting November 4t"
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to table item number two
until the November 4t" meeting. Any further discussion? Hearing none, all in favor of
the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 3: ORDINANCE #804 CREATING THE POSITION OF AND PROVIDING
FOR THE DUTIES OF THE ASSISTANT CITY CLERK:
Bentley: Mr. Mayor I have a question. Did we discuss I thought we had prior of
changing that to Deputy Clerk?
Corrie: Assistant City Clerk to Deputy Clerk, I believe we did, rather than assistant.
Bentley: I thought that was discussed.
Corrie: It was.
Bentley: We can pass and just substitute the word deputy wherever assistant is in there
if nobody has any objections to that.
Corrie: Do I hear any objections from Council?
Rountree: I have no objections with the change of assistant to deputy. I would like to
hear some comments from the City Clerk as this ordinance may relate to the execution
of that position.
Berg: Thank you Mr. Mayor, Councilman Rountree, members of the Council, I've
looked through the ordinance. I guess my only concern is setting guidelines and
precedence for other assistants or deputies that may be needed for other departments
as well as further deputies in my department as the city grows. I have maybe one or
two comments. One is it refers to in the summary as providing in addition of a new
section, section 1-804A and we do have that section already. So I don't know if this is
an addition to that existing section. The attorney may have to answer that. Second is
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October 20, 1998
Page 4
just to — we're going this job descriptions and assessment of our jobs and salary
surveys and I would just probably like some guidance of when we have these assistants
and deputies perform other duties—I would say in case of being out of town or unable to
perform those duties, if they need to have other certain requirements that we need to
add to those job descriptions as far as abilities or qualifications or that sort of nature. I
believe that is all the comments that I have just right off the bat, do you have any other
questions for me?
Bentley: What are you referring to? If somebody—you step out and they step up into
your position, is that what you are referring to?
Berg: Mayor, Councilman Bentley, my reading this ordinance it more or less said to
keep the everyday business and management of the city affairs in order, what I'm just
asking is if we need to set any other guidelines or qualifications in there job descriptions
while we are going through this job survey with IEC, if we need to add some of those
qualifications or not for assistants? Because essentially, this position, in case of
emergency happens, could be appointed—I wouldn't say a temporary basis, but
appointed as doing the duties of the clerk or the treasurer or the engineer or something
of that nature, that was just my question.
Corrie: Are you saying we use this deputy clerk to fill in other areas? Or just in your
area?
Berg: No, just a generic guideline as far as the city grows if we are going to add other
deputies or assistants to other departments, because as far as I understand reading the
ordinance this is probably the first one that has ever been addressed by our ordinance.
Bentley: I thought part of the reasons for having this in your department was to cover
for when you were gone because there are official documents that have to be signed
and processed and the show doesn't stop because you are not here or whoever is in
that position isn't here.
Berg: Yes, I understand that. I wasn't in your discussions previous. Anna was I think in
that position, you appointed her to be able to sign documents, in my absence and I don't
have that problem. I'm just saying as we are going through this salary surveys and job
descriptions if we needed to do anything additional or set other guidelines for other
departments that maybe we should.
Bentley: That would be addressed as the needs come up in the other areas.
Anderson: Mr. Mayor?
Corrie: Mr. Andersn.
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October 20, 1998
Page 5
Anderson: I have a question of legal counsel, Bill is this something that is necessary for
us to do it this way or could simple appointment—I guess in the chain of command can
somebody else fill in in Wills position, or is this something that we need to do by
ordinance?
Gigray: Mr. Mayor, Councilman Anderson, in response to your question, I think it is
good to provide for this position in the codes so that it is clearly outlined that if whoever
ascends to this position has the ability to act in the place of the city clerk, and so as I
understand it and based on the findings in section one of the proposed ordinance there
will be—as I understood it, there was a need in the absence of the clerk to have
someone be able to execute documents with full authority and this ordinance would
make clear that that full authority did exist. As far as changing the name from assistant
city clerk to deputy, I think you could just note for purposes of passage of the ordinance
that it is the word assistant where it appears is struck and in place in it stead is the word
deputy. There was also a codification question I believe on the part of the city clerk.
The reason for the proposed 1804 A is that there is a 18045. You have a 1804, with a
subsection A, B, and C, but those are subsections and this is a format that has been
used before as I understand it in the code and also used by the Idaho, the state of Idaho
code when trying to fill in when you don't have any space between the existing codified
sections without renumbering all the rest of them and that's why that is denoted. That is
not a subsection A, that is a section.
Corrie: Any further questions or discussions? Okay, hearing none, then I will—
ordinance #804 is an ordinance to the City of Meridian Idaho amending chapter 8, title 1
of the Municipal code of the City of Meridian providing for an addition of a new section
1-804 A creating the position and providing for the duties of deputy city clerk. Is there
anyone from the audience who would like to have the Ordinance #804 read in it's
entirety. Hearing none, councils pleasure.
Rountree: Mr. Mayor, I move that we approve Ordinance #804 with the following
amendments that on line 4, in the title of the Ordinance reading for the, the correct
spelling of duties should be included and any reference in the remaining of the body of
the ordinance to assitsant city clerk be changed to deputy city clerk. Authorize the
mayor to sign and city clerk to attest.
Anderson: Second.
Corrie: Second by Mr. Anderson. Comments?
Bentley: Are we going to suspend the rules?
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October 20, 1998
Page 6
Rountree: Well I suppose we can make another motion to that effect or I'll move to — I
can move to amend my motion.
Anderson: I'll withdraw my second.
Rountree: Mr. Mayor I move that we adopt Ordinance 804 with the change in the fourth
line to the correct spelling of duties, the correction of all references to Assistant City
Clerk to Deputy City Clerk, authorize the Mayor to sign and the Clerk to attest with
suspension of rules.
Anderson: I'll second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve Ordinance
#804 with suspension of rules and corrections as noted. Any further discussion?
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All ayes.
ITEM NO. 4: ORDINANCE #805 — ANNEXATION AND ZONING OF 1.18 ACRES BY
WILLIAM C. HUMPHREY FOR LAND LOCATED AT 939 E. PINE:
Corrie: Is there anyone from the audience who would like to have Ordinance #805 read
in its entirety? Council discussion? I'll entertain a motion on Ordinance #805.
Bentley: Mr. Mayor I move that we approve Ordinance #805 with suspension of rules.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to accept Ordinance #805 with
suspension of rules. Any further discussion?
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All ayes.
Corrie: Item number 5 and 6 will suspended until later this evening, the last. Move on
to item number 7.
ITEM NO. 7: DEVELOPMENT AGREEMENT FOR EAGLE PARTNERS:
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October 20, 1998
Page 7
Rountree: On page 9 there are some blank line in there that reference to an address for
developer and copies to — I believe those ought to be filled in before we take action on
this. At least we ought to note who those ought to be.
Corrie: Mr. Gigray can you help us on that one or do they need to have the — let's have
the Planning and Zoning — can you give us the addresses and this will be the 20th day.
Is that when the agreement starts?
Hawkins -Clark: I'm sorry, could you repeat that Mayor?
Corrie: Yes on the development agreement, we have two blanks that says enter this
blank day of blank, 1998.
Rountree: No, page 9, there's a couple of addresses that are missing.
Corrie: I'm sorry. Okay. The developer.
Rountree: We've taken care of the city, but we haven't care of the rest of our work
there.
Corrie: Can you help us on page 9 on that one?
Hawkins -Clark: Page 9, you're referring to number 12 for the —
Corrie: Yes. We need the developer address. Do you happen to have that?
Hawkins -Clark: I could get that out of the file.
Rountree: ...would be sufficient for me to know that it's Eagle Partners too and cc to
whom.
Bentley: Mr. Gigray, have you reviewed the development agreement?
Gigray: Yes, we prepared it.
Bentley: Everything is in order then?
Gigray: We believe so and in accordance with your findings.
Bentley: Thank you.
Gigray: But I can't tell you the address.
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October 20, 1998
Page 8
Rountree: Just knowing who the second party would be.
Gigray: It might be helpful.
Hawkins -Clark: Just for the record the developer did say that the original signed copy
that was submitted to the Planning and Zoning Department did have that completed in,
what you're looking at are simply copies of the — but it is Eagle Partners, LLC, P.O. Box
44809, Boise, Idaho 83711.
Rountree: No cc's so we strike that .
Gigray: Mr. Mayor with your permission and in answer to Councilman Rountree's
question, that is correct. There is a signed document because that was one of the
reason we held this up until we had it. Does the Clerk have it? It was supplied to my
office and then I directed it be supplied to —
Rountree: This one's taken care of.
Corrie: Mrs. Butler out there smiling now.
Bentley: She got her breath back.
Berg: Mr. Mayor, members of the Council just for the record, it's Eagle Partners as the
developer with a copy to go to JoAnn Butler. Her address is 607 N. 8th Street, Boise,
Idaho 83702.
Corrie: And further corrections or additions?
Rountree: Do we have a resolution number?
Corrie: Mr. Gigray on page 12 kind of refresh my memory why is there signatures for
the Mayor and then two commissioners?
Gigray: The copy that you're looking at or the one that the City Clerk has those x
through, if I'm not mistaken.
Berg: Mr. Mayor members of the Council, they are crossed out. They are not needed
for the document.
Corrie: Any other questions?
Rountree: City Clerk is going to go find a resolution number for our resolution.
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October 20, 1998
Page 9
Corrie: I think you have a copy attached to your packet.
Rountree: Just need a number.
Corrie: If the audience is wondering what we're doing up here, we're waiting for the City
Clerk to give us a resolution number. There he is.
Rountree: Let's start at 200.
Corrie: Okay resolution number 200 is a resolution of the City Council of the City of
Meridian stating for certain findings and purposes authorizing the Mayor to enter into on
behalf of said municipality an agreement entitled development agreement dated this 6t"
day of October, 1998 be and between the City of Meridian and Eagle Partners LLC.
Bentley: Mr. Mayor I move we approve resolution number 200, authorize the Mayor to
sign and the Clerk to attest.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to authorize the resolution
#200 signed by the Mayor and attested by the City Clerk.
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, abstain.
MOTION CARRIED: 3 ayes, 1 abstain.
ITEM NO. 8: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT BY EAGLE PARTNERS — NORTHWEST CORNER OF
EAGLE ROAD AND MAGIC VIEW:
Corrie: Council you have the conditional use permit Findings of Fact and Conclusions
of Law by the Planning and Zoning Commission. Any comments, discussions?
Rountree: I guess I just have a process question for Mr. Gigray. We're seeing some
things in different formats these days and this is a format that I don't think any of us are
familiar with. It starts out as a Findings of Fact and Conclusions of Law and Order of
Decision in reference to the statement on the last page it refers to this Order and
Decision. Page 29.
Gigray: That can be changed.
Rountree: One and the same or should it be of?
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October 20, 1998
Page 10
Gigray: I think to be consistent, that's a good observation. That could be "of".
Rountree: Okay. I have this dated 10/19. That's the only question I had on the format
of it.
Gigray: Mr. Mayor I didn't know whether or not Councilman Rountree just wanted a little
explanation as to the format.
Rountree: I think that would be helpful. It's self explanatory other than the last page
didn't seem to be consistent with the first pages and they are now.
Gigray: The idea of this obviously with the Order of Decision is that there is a based on
your Findings of Fact and Conclusions of Law and what you've been doing and for the
cause you find. We've pull this off as a Order of Decision and as a conditional use
permit and then it can be retrofitted just so that when the conditional use permit is out
there, this is the permit itself.
Corrie: Any further discussion?
Rountree: I have none. Mr. Mayor on the Order of Decision, I make a motion that the
City Council hereby adopts and approves this Order of Decision.
Anderson: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to the City Council to
adopt and approve the Order of Decision. Any further discussion? All those in favor of
the vote say aye. I'm sorry, roll call.
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, abstain.
MOTION CARRIED: 3 aye, 1 abstain.
ITEM NO. 12: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
PROPOSED WHITESTONE ESTATES NO. 3 BY WHITESTONE PARTNERSHIP —
WEST OF LINDER AND SOUTH OF FRANKLIN.
Corrie: At this time I'll open the public hearing and request the developer to start first.
CHARLES EDDY 1295 S. EAGLE FLAT WAY, BOISE WAS SWORN BY THE CITY
ATTORNEY.
Eddy: Good evening, this is a conclusion to the Whitestone Estates Subdivision which
was master planned to extend down to Waltman Lane. However since the time of the
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October 20, 1998
Page 11
original preliminary plat and now, the School District has purchased approximately 12
acres south of the Kennedy Lateral which required us to modify the existing preliminary
plat which you have in front of you to fill in the remaining two acres there on the north
side of the Kennedy Lateral. Pin Tail Drive has been improved for the most part.
Utilities and services are in, however, we did require to reconfigure basically the corners
of the project to accommodate for the new turn around that ACHD require prior to this
with the old preliminary plat. They were to extend to the south. So we've reconfigured
the corner lots to accommodate the new turn arounds. Again it's a pretty straight
forward project. The services are in. There is a 25 foot pedestrian access easement
there on the westerly side of the property which the school district requested for access
to the school once it's built. I'd happy to answer any questions if you have any.
Rountree: I have none from Mr. Eddy. I would have some for staff. Mr. Mayor, Gary,
do you have issues, concerns with the preliminary plat?
Smith: No, sir, I don't. Everything has been worked out. Thank you.
Rountree: I'm getting an affirming nod from P & Z? Kenny? Okay.
Corrie: Is there anyone else from the audience who would like to issue testimony on
item number 12, Whitestone Estates Subdivision No. 3? Hearing none, questions from
the Council? I'll close the public hearing. I'll entertain a motion on the preliminary plat
for the proposed Whitestone Estates Subdivision No. 3.
Rountree: Mr. Mayor I move that we approve the preliminary plat for Whitestone
Estates Sub. No. 3 subject to conditions of staff.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the preliminary
plat of Whitestone Estates Subdivision subject to comments of staff. Any further
discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 13: APPLICATION FOR BEER AND WINE LICENSE BY JACKSON'S FOOD
STORE.
Corrie: Council, do you have any questions at this point on this?
Bentley: Mr. Mayor question for Captain Musser. Do you have any problems with this
application?
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October 20, 1998
Page 12
Musser: Mr. Mayor and Councilman Bentley, I don't have any problems with this. The
Chief has previously signed it off and marked it for approval and he didn't have any
other negative comments to pass on to Council this evening.
Bentley: Thank you.
Corrie: Any further discussion, questions?
Bentley: Mr. Mayor I move we approve the beer and wine license for Jackson's Food
Store.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird that we approve the application
of the beer and wine license by Jackson's Food Store #35. Any further discussion? All
those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 14: REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF
GARAGE TO BEDROOM AND BATHROOM BY MEL A. LACY — 1414 N. MERIDIAN
ROAD.
Corrie: Council have any questions on the conclusions of law on this application for
conditional use permit?
Gigray: Mr. Mayor and members of the Council I just would report that the attorney's
office have received no communications from this applicant with regards to any
problems with this conditional use permit.
Corrie: Any further comments, discussion?
Rountree: I have none.
Bird: I have none.
Corrie: I'll entertain a motion on the Findings of Fact and Conclusions of Law in front of
us.
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law as prepared for us by Planning and Zoning.
Bird: Second.
Meridian City Council Meeting
October 20, 1998
Page 13
Corrie: Motion made by Mr. Rountree and second by Mr. Bird to approve the Findings
of Fact and Conclusions of Law before us from the Meridian Planning and Zoning
Commission. Any further discussion?
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All aye.
Bentley: I move the City Council of the City of Meridian approve the conditional use
permit set forth with these Findings of Fact and Conclusions of Law as requested by the
applicant for the property described in the application with the conditions set forth within
these Findings of Fact and Conclusions of Law and any other conditions required by the
Meridian City Council.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird on the decision and
recommendation that has been read. Any further discussion? All those of the decision
and recommendation say aye.
MOTION CARRIED: All ayes.
ITEM NO. 15: REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE,
UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A. JOHNSON —
Gigray: Mr. Mayor, members of the Council, I would report that the city attorney's has
received no communications from the applicant or anyone on behalf of the applicant
raising any objections to the conditions or concerns.
Corrie: Any discussion, questions? I'll entertain a motion on the Findings of Fact and
Conclusions of Law.
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law as prepared for Planning and Zoning.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the Findings of
Fact and Conclusions of Law as prepared by the Meridian Planning and Zoning
Commission. Any further discussion?
Meridian City Council Meeting
October 20, 1998
Page 14
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All ayes.
Corrie: I'll entertain a motion of decision and recommendation.
Rountree: Mr. Mayor I move that the Meridian City Council approve the conditional use
permit for the uses set forth in these Findings of Fact and Conclusions of Law as
requested by the applicant for the property described in the application with conditions
set forth within the Findings of Fact and Conclusions of Law and any other conditions.
Anderson: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the decision
and recommendation as read. Any further discussion? All those in favor of the motion
say aye?
MOTION CARRIED: All ayes.
ITEM NO. 16: REQUEST FOR CONDITIONAL USE PERMIT FOR A REGIONAL
SHOPPING CENTER BY DAKOTA COMPANY INC. — SE CORNER OF EAGLE AND
FAIRVIEW:
Corrie: Mr. Gigray, any comments?
Gigray: Mr. Mayor, members of the Council, I would report that the city attorney's office
has received a communication from a Mr. Larry Durkin representing the applicant (End
of Tape)
Gigray:.. problems with any of the terms and conditions of the conditional use other than
they have a problem with the words, "per parking row" as appears in condition 12A at
the top of page 12 as reference to I believe landscaping areas and parking areas.
Other than that we've received no communications with regards to any problems with
the proposed conditional use from the applicant.
Corrie: Any further discussion?
Bentley: I have no discussion.
Rountree: No comment.
/GR`METIN1 1111111114MI M
Meridian City Council Meeting
October 20, 1998
Page 15
Bird: None.
Corrie: Okay, I'll entertain a motion for approval of Findings of Fact and Conclusions of
Law.
Bentley: Mr. Mayor I move the City Council City of Meridian adopts the Findings of Fact
and Conclusions of Law as presented by P & Z with the exception of on page 11,
striking the words, "per parking row."
Corrie: That's based on the record before you then?
Bentley: Yes.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to accept the Findings of Fact
and Conclusions of Law as recommended by the Planning and Zoning Commission with
the striking the last three words on page 11, "per parking row" based on the record
they've received in front of them. Any further discussion?
Bentley: Mr. Mayor I guess I have an older edition. Mine shows page 11. The city
counselor shows it on page 12. I'd say it's at the end of paragraph 12, subparagraph A.
The copy he's got shows it on 12.
Gigray: Mr. Mayor for purposes of clarification the city attorney's office received the
action of the Planning and Zoning Commission which had proposed Findings which
included hand written those words were hand written and we prepared a final draft with
those typed in and so that's why that appears on different pages. But it's the same
words and it includes I think the word wide was inserted after in subparagraph D after
20 foot buffer zones and those are included in this draft so they're typed and not in —
Bird: Has the developer seen the typed one? Is that what he's agreed to?
Gigray: I believe the developer has seen the document.
Corrie: So we're talking about item 12A.
(Inaudible)
Bird: I'll withdraw my second. Let's redo it right.
Bentley: Okay, I'll withdraw my motion and restate it. Mr. Mayor the City Council, City
of Meridian hereby approves the Findings of Fact and Conclusions of Law as presented
Meridian City Council Meeting
October 20, 1998
Page 16
by the Planning and Zoning Commission with the exception to strike in paragraph 12A
the last three words, "per parking row" be stricken on page 12.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the Findings of Fact
and Conclusions of Law as presented by the Planning and Zoning Commission striking
item 12A the last three words, per parking row, based on the record they have in front of
them. Any further discussion?
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All ayes.
Corrie: I'll entertain a motion of the recommendation and decision.
Bentley: Mr. Mayor the City Council of the City of Meridian hereby approves the
decision that they approve the conditional use permit for the uses set forth in these
Findings of Fact and Conclusions of Law as required by the applicant for the property
described in the application with the conditions set forth in these Findings of Fact and
Conclusions of Law and any other conditions required by the City Council City of
Meridian.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the decision and
recommendation as read. Any further discussion? Hearing none all those in favor of
the motion say aye?
MOTION CARRIED: All ayes.
Rountree: Mr. Mayor I'd like to take a moment to express my appreciation to the
Planning and Zoning Commission for the work they did, the long hours and patience,
the same to the citizens. The hours and time they spent with the city in crafting the
conditions for this development and to the developer for sitting with us. I appreciate
your time and your efforts.
Bentley: Mr. Mayor I need to add a point of clarification. The reason that per row was
struck is it becomes a site obstruction and it's really kind of a hazard, so we're trying to
eliminate the hazard in there.
Corrie: Okay, we will go back to item number five.
Meridian City Council Meeting
October 20, 1998
Page 17
ITEM NO. 5: ORDINANCE NO. 806 — ANNEXATION AND ZONING OF 36.71 ACRES
FOR PROPOSED WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER
DEVELOPMENT LLC --EAST OF BLACK CAT / USTICK INTERSECTION AND
SOUTH OF USTICK ROAD:
Corrie: Counselor, how can we do this? I think we have some new information and you
can kind of help us on this a little bit.
Gigray: Mr. Mayor, members of the Council, I had been directed by the City Council to
prepare Findings of Fact and Conclusions of Law and to do an annexation ordinance
which would provide for a zoning and a development agreement and then subsequent
City Council action regarding approval of preliminary plat which was denied and then a
denial of the conditional use permit. I felt put us in a situation and it would be my advice
to City Council that it should revisit the issue of whether or not it wants to go ahead and
zone this property and annex it without requiring a development agreement because of
the subsequent action. I also have a memo which I believe is provided in your packet
that we could and I would recommend a procedure under the preliminary plat approval
portion of the subdivision ordinance that you convene and direct the Planning and
Zoning Director and the Public Works Director to have an informal conference which
that ordinance provides for which we would provide notice to all interested and affected
parties to see whether or not there could come a recommendation out of that informal
conference back to the City Council about this whole matter. I have since the
preparation of this memorandum been advised that the applicant may — has hired a new
engineering firm. They may come at this with a whole different proposal, and I think it
might be in order to hear from them in terms of what their intentions are at this point in
time as to whether or not they want to proceed with something that would be like what
my recommendation to the City Council is, or whether or not they want to consider
pulling all of the applications at this point and resubmitting new applications. If they
would state that on the record my recommendation would be that as long as they are
representing the applicant and that's on the record, then the City Council could simply
leave the action where it is and not proceed any further and they could resubmit a new
applications and at this point I don't know what the applicant's position is.
Bowcutt: We've been retained by Steiner Development as their representative and their
engineer on this project. We solely will be working on this project with Steiner. I have
talked with Shari. I have talked with Bruce. I had a conversation with the Mayor this
morning. Getting input on what's transpired we've been at some of the hearings where
the Wilkins Ranch project was being heard. We understand the problems associated
with the project. We have been retained to work with the city to come up with a plan
that is acceptable and palatable. We pointed out some items in their existing plan which
we had problems with also. They have given us the go ahead to go into a redesign. I
received a copy of the memo written by your attorney. It is quite thorough. I mentioned
to Mayor Corrie this morning what we would like to propose. I do see some problems
Meridian City Council Meeting
October 20, 1998
Page 18
with proceeding with the annexation where we do not have a development plan, trying
to come up with a development agreement that isn't tied to anything. I do see that as
problematic. In order to kind of cut through the complications, we would ask that the
City Council remand all three applications back to the Planning and Zoning
Commission. I explained to Mr. Steiner that he would be responsible for paying
additional costs for review, legal notice, property owner notification, but that would give
us an opportunity to go in and basically rework this project. We feel that it does have
potential with the right guidance and I think the attorney's suggestion to get with the
staff and have a round table discussion is an excellent one. Because obviously the
communication between the city and the applicant has broken down somewhere in the
process and they got a little bit off base, so I would welcome an opportunity to hear the
criticisms, the recommendations from your staff, and I think it's an excellent idea. But
we would like to be remanded back to the Planning and Zoning Commission because
obviously what we proceed forward with will not resemble what was before you and
what they saw in the past. Do you have any questions?
Corrie: Thank you Becky. Okay with those —
Gigray: Mr. Mayor just a point of order and procedure, Mr. Mayor and members of the
Council, the applicant you might at this point determine whether or not anyone is
appearing here as a potential protestant or objector to this project as to whether or not
they have any cause why the Council shouldn't entertain a motion to remand. If you
entertain that motion, then what I would suggest that you do is rescind your actions of
denial of the conditional use permit and of the preliminary plat and your action of
annexation and zoning subject to a development agreement and then for cause stated
here at this motion that was just made and then remand it back to Planning and Zoning.
Corrie: So we need that from the developer?
Gigray: I think that motion has been made. I believe that she has represented here that
she represents the applicant and developer and has full authority to make that request.
Corrie: Then item number five and six would both be remanded back to the Planning
and Zoning along with annexation. Is that correct?
Bentley: Mr. Mayor, Counselor do we do this in one motion or do we have to take three
separate motions?
Gigray: I think you can do it in one motion unless somebody moves to separate the
motion for some reason. If they wanted to handle one item at a time. I would suggest
that if there were anyone here who had objection to this particular motion you may want
to hear that since this matter was noticed this evening. If there is anyone appearing.
Meridian City Council Meeting
October 20, 1998
Page 19
Corrie: Is there anyone here tonight who objects to that proposal of sending it back to
the Planning and Zoning? Hearing none, I'll entertain a motion for the rescinding
sending it back all three five and six and the annexation.
Bentley: Mr. Mayor I would move that the City Council rescind the denial of the
preliminary plat and the conditional use permit and the approval of the annexation and
zoning and remand all three of these actions back to P & Z.
Bird: Second.
Corrie: Motion made by Mr. Bentley and second Mr. Bird to rescind the Findings of Fact
and Conclusions of Law the conditional use permit and the annexation and zoning and
the development agreement and remand it back to Planning and Zoning for rehearing.
Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 9: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS
SUBDIVISION BY FARWEST DEVELOPERS:
Corrie: Mr. Gigray do you have a comment on that?
Gigray: Mr. Mayor and members of the Council, the applicant, and anyone else
appearing, we have prepared a development agreement that has the provisions in it that
are in accordance with the actions that have been taken and as you can see it has
appended to it, the Findings of Fact and Conclusions of Law for your review. What
we're trying to do here is to standardize the format in which our development
agreements are prepared. We're in the beginning stages of that. As you will see just
basically in its presentation it will have the same flow about it that Eagle Partners
development agreement has. The conditions of course are different. It's a different
matter and we took the information that was provided in the draft I think you have an
earlier draft agreement probably in your packet as well to incorporate these provisions
to try to standardize these forms. I believe we have the address of the developer, but
no address for a copy to if there is any, and I would just defer to any other questions
you might have.
Corrie: Any further questions from Counsel? Hearing no further comment. Resolution
201 is a resolution of the City Council City of Meridian setting forth certain findings and
purposes authorizing the Mayor to enter into on behalf of said municipality an
agreement entitled development agreement City of Meridian Grantor. I'll entertain a
motion on resolution 201.
Meridian City Council Meeting
October 20, 1998
Page 20
Rountree: Mr. Mayor I move that we approve resolution 201 authorize the Mayor to
sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve resolution 201.
Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 10: ORDINANCE #806 —ANNEXATION AND ZONING OF THOUSAND
SPRINGS SUBDIVISION BY FARWEST DEVELOPERS:
Corrie: Is there anyone from the audience who would like to have Ordinance #806 read
in its entirety? Hearing none, I'll entertain a motion on Ordinance #806.
Bentley: Mr. Mayor I move we approve Ordinance #806 with suspension of rules.
Bird: I'll second that.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve Ordinance #806
with suspension of rules. Any further discussion?
ROLL CALL VOTE: Rountree, aye. Anderson, yea. Bentley, yea. Bird, yea.
MOTION CARRIED: All ayes.
ITEM NO. 11: REQUEST FOR FINAL PLAT FOR SHERBROOKE HOLLOWS
SUBDIVISION NO. 2 BY GEM PARK II — EAST OF LOCUST GROVE, NORTH OF
VICTORY:
Corrie: Staff do we have any comments on the final plat? Gary?
Smith: Mr. Mayor, Council members, I guess we have one continuing item that we've
discussed before that the applicant's representative takes exception to and that's item
number ten in the site specific comments concerning the use of (inaudible) front of
house orientation arrow on the final plat. The ordinance specifies that in an R-4 zone
an 80 foot frontage is required. When you get to a corner lot, it's not explicit as to how
you should measure that frontage. My policy over the last six year, seven years maybe,
has been to utilize one half of the curb for each side of the lot that fronts the street and
in a lot of cases now, they are doing away with the curb and they have a little chord
dimension chord line between the two side street lines. So I've been using one half of
that distance added to each side of the lot that fronts the street and using that to
Meridian City Council Meeting
October 20, 1998
Page 21
determine whether or not it meets the 80 foot frontage. I guess that at this point I need
your assistance as to whether or not that's appropriate. And that's the question that the
applicant's engineer is asking. We've been down this road several times before. And
as she points out, it's not an ordinance requirement. It's a policy that I've established
and have used for the past many years. Other than that we don't have any comments.
We are in agreement on all the other comments that were made during our review and
they've responded accordingly. That's all I have Mr. Mayor.
Corrie: Council your ideas or decision on that one.
Bentley: Mr. Mayor I have no problem with that being a condition. It's worked in the
past.
Corrie: Any comments?
Rountree: Mr. Mayor I just had a question. Did Planning and Zoning have any
comments as it related to this. They were taken care of in the comment response.
Hawkins -Clark: The Planning and Zoning is in agreement with the comments.
Rountree: Okay. Mr. Mayor if there is no further discussion I would move that we
approve the final plat for Sherbrooke Hollows Sub. No. 2 subject to conditions of staff.
Anderson: I'll second that.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the final plat
for Sherbrooke Hollows No. 2 Subdivision subject to conditions of staff. Any further
comments? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Thank you Beck for getting here. Went well in Boise?
Rountree: Mr. Mayor I would move that we take a short recess.
Corrie: Okay we'll take a short recess.
TEN MINUTE RECESS.
DEPARTMENT REPORTS:
I_WeTTAIzrd.9ONIII:I
Meridian City Council Meeting
October 20, 1998
Page 22
1. CHANGE ORDER FOR TULLY PARK.
2. FINAL PAYMENT ON DRILLING OF WELL #20.
Smith: I can go down through these items of change if you'd like. Basically they're bid
item changes and we add because of the wet conditions that we experienced on the site
we add some gravel that we had to construct access road for the driller and then also
included a cost for the pump testing of the well. There were some deductions along the
way on a couple of those items which came to a net change in the contract price of a
plus $10,692.87.
Corrie: Any questions of Mr. Smith on the change order?
Smith: And I might add that we did get some excellent water quality. We got a good
flow. It's an artesian well. We're very happy with it. It's going to be a good one,
another good one.
Bentley: Is it going to be hooked to my house?
Smith: Not directly sir.
Rountree: I read with interest lately some information on municipalities that are going
into the bottled water business when they discover good water. It's another source of
revenue we might want to explore if we have an artesian well.
Smith: Yes, that's a good point too because it's my understanding a lot of the bottled
water is non-regulated and you need to be careful on bottled water.
Bird: Mr. Mayor I move that the City Council approves the net increase to the original
contract of $10,692.87 to add to the $93,097 for final contract of $103,789.87.
Anderson: Second.
Corrie: Motion made by Mr. Bird second by Mr. Anderson to approve the net change
price contract in the amount of $10,692.87. Any further discussion? All those in favor of
the motion say aye.
MOTION CARRIED: All aye.
Smith: Thank you Mr. Mayor and Council.
3. AWARD OF CONTRACT OF WATER TANK.
Meridian City Council Meeting
October 20, 1998
Page 23
Smith: The third item I have concerns the recent bid opening we had for construction of
our two million gallon water tank. I believe that you have packets of the information that
I put together concerning the sequence of events following the opening of the bid for
that project. The bids were open on — I'll just summarize some of the things that have
taken place if it's all right. Bids were opened on the 29th of September of this year and
we received six bids. All bids were deemed responsive and were read. The low bid
was submitted by Allied Construction Company. The amount of that bid was
$1,2443,883.00. It was approximately $253,000 less than the second low, which was
$1,497,000 submitted by McAlvain Construction out of Boise. Bid number two
McAlvain, bid number three by Wright Brothers, bid number by Ewing Company. The
spread on the bids from two to four was $51,000. In our analysis of the project the
value of that project is 1.5 million dollars. After some consideration by the low bidder,
Allied Construction, and after numerous phone calls and you can see the chronology of
events that took place between our consulting engineer, John Wiskus, at CH2M, and
the contractor, Allied Construction has submitted a written request to us to withdraw his
bid without penalty due to substantial clerical errors. We requested and we received a
copy of their bid tabulation. After both John Wiskus and I reviewed that bid tabulation I
can certainly understand the bid. We couldn't get it to add up, but I can understand the
confusion that they experienced and I can understand the difference that showed up
between this bid and others that were submitted. I believe that if this bid is awarded to
Allied Construction that they will go forward with the project because I don't believe that
they will want to forfeit their bid bond. It's my understanding in talking to several
construction people that they would rather — contractors would most generally rather
give up their first born than their bid bond, and the reason for that is that once they give
up the bid bond, it's going to be tough for them to bid again. It will be hard for them to
get bonding. Very difficult for them to get bonding, and Councilman Bird understands
and agrees with that concept or process. Again it's clear that the value of this project is
1.5 million. The bid are to remain open for 90 days and we have 65 days after the bid
opening to award the bid and that date would be December 3, 1998. My concern is that
we get going as fast as we can to get the tank built. So that we can be prepared for to
help prepare us for next spring's construction on slot, which I think we're going to have.
City Attorney, Bill Gigray, I've been working closely with him and he's submitted a
memo to me concerning the legal aspects of all of this. Does Mayor and Council have a
copy of this memo, Bill?
Gigray: I just gave it to you.
Smith: Okay.
Gigray: I wasn't sure how you wanted to proceed this evening and so I just thought I
would advise you of that and then you can recommend to the council as you think you
should move forward.
Meridian City Council Meeting
October 20, 1998
Page 24
Smith: I don't think that we have a responsible low bidder. It was responsive, but I
don't think we have a responsible bidder. There is a section in the state statutes that
allows for relief of bids. Certain conditions have to be satisfied in order to do that. And
don't think that all the conditions can be satisfied based on that statute. But if we go
forward with this bid to Allied and award this bid to Allied it will mean number one that I
will have to hire an inspector that's full time on site with facilities. That person will be
there full time. It's my feeling that with this much difference between bids, this much
money on the table, that the contractor will make every effort that he can to recover that
money through change orders and I just perceive that it's going to be extremely time
consuming process in managing this construction contract. We're not going to get the
$250,000 the advantage of that money. Maybe a portion of it, and I can't say for sure
how much. But it will not come easily in my opinion. So I don't know, from a legal
standpoint, I guess I've read Bill's memo and I understand what he said. I guess it
would be my opinion that the bid should be awarded to the second low bidder as a
responsible bidder.
Bentley: I'd like to know what Bill did say.
Bird: I've got a question to ask first.
Gigray: Mr. Mayor and members of the Council the memo that prepared was just and
Gary's worked closely with me on this and I wasn't sure whether or not he was prepared
to make a recommendation this evening or not. I believe he perceives it's in the best
interest of the City to make that recommendation which I'm well assured he's thought
long and hard about the issue that you have to be concerned about from a legal
standpoint is it appears to me that in order for the lowest bidder here, Allied, to obtain
relief under Idaho Code § 54-1904B and subsection C they would have had to provided
the city with written notice that their bid — of the bid opening that they had a mistake that
was material to the bid. If they had done that and then provided the appropriate
documentation of that mistake and clerical error, then they could claim relief under this
statute and withdraw their bid. Otherwise once a bid is opened, it cannot be withdrawn.
Then the procedure is if the city has to determine when it awards the bid who is the
lowest responsible bidder? That's required by Idaho Code § 53-41 C and this is the
point of which Gary Smith the Public Works Director is making a recommendation to
you based on his analysis that the lowest responsible bidder is in fact the second lowest
bidder. If that's your finding then that will in essence provide relief to Allied that it
couldn't otherwise get under the other code section would release the bid bond and
then you would proceed to award that bid and enter into a contract with the second
lowest bidder. If you determine that the lowest responsible bidder is Allied, then what
you would do is offer the contract. If they don't enter into the contract, then of course
the bid bond would be forfeited and then that's put into a special deposit for the offset of
costs as well as the amount from the difference of their bid and the next lowest bid
which I think in this instance would consume it all because the distance is so great. And
Meridian City Council Meeting
October 20, 1998
Page 25
as has been advised by the Pubic Works Director his experience is that most likely that
would not occur because of the ramifications to Allied. And then he's explained the
circumstances that he would have in terms of that process, so I think you have in your
discretion and in your review of the information in front of you and the report of the
Public Works Director, I think you can exercise your discretion about how to proceed at
this point. And I think his recommendation is reasonable under the circumstances. I
can tell you I've had personal experience with other cities where we have been not with
this type of situation but with other issues about involving whether the City Council
should award a bid to the lowest bidder, the second bidder because a claim that a bid
didn't meet the bid specs. And it really drove home to me in doing my research of that
particular issue that the central question the City Council has to determine is who is the
lowest responsible bidder. And I have a copy of this memo if —and I apologize, I just
wasn't sure that we were going to this point today for your review. It just cites the
statutes that I'm referring to, but that's the overview.
Bird: As I understand what you said different than I understand the public works of it,
we can give them back their bid bond or do we retain their bid bond?
Gigray: Well the bid bond would go back if you determine that they are not a
responsible bidder and that the lowest responsible bidder is McAlvain.
Bird: Counselor isn't it the bid bond within the bid documents, they have certain time
they have to —
(Inaudible)
Bird: We have to offer them the contract, that's true. I'm willing to make a motion that
we give them back their bid bond, tell them bye and take McAlvain's bid. Because I
believe that the 250 savings on the bid would cost us about 500 when the job got done.
Gigray: Yeah I would say in my opinion the way to do that would be to find that
McAlvain Construction is the lowest responsible bidder, and I think it will take care of
itself from that point.
Rountree: My only comment to that is that it would be nice if it worked the other way as
well.
Bird: If what?
Rountree: If we could dodge the bullet as easily as the contractors can in these
arrangements. I flat don't like doing what we're going to do, but I can't disagree.
Meridian City Council Meeting
October 20, 1998
Page 26
Bird: But you can either do it now or have $500,000 worth of change orders in six
months.
Rountree: I've been there. I know what you're talking about.
Bird: You know what I'm talking about. Charlie I agree with you, but I think we ought to
take the European system period. Let's go with the middle bidder. That's where I'm at
half the time.
Smith: Mr. Mayor may I add one other comment, and I will rely on Mr. Gigray's opinion
here, but if we release this bidder from his low bid obligation, does he need to other
than the letter that he's written requesting to be released, is there anything else that we
need to do to him or for him so that he has — so that we have no obligation to him for
this bid that he submitted so we sever the tie if there was any of receiving his bid.
Bird: Well this will go on the public record as him being released so that this will come
out the next time he ask for a bid bond or a performance bond. This will be marked
against his deal by asking to be released after and that's fine.
Smith: Do we have legal obligations beyond this letter that he submitted to us.
Corrie: I think so. Mr. Gigray —
Gigray: Mr. Mayor and members of the council, in answer to your question of the Public
Works Director in my opinion the record has been made here for you to find to the
lowest responsible bidder. That record is based on the recommendation of the Public
Works Director as well as the record that has been supplied that is in your packet which
is the memo and the material supplied by Allied as to the problems with their bid and it
would seem to me that if you made a finding the lowest responsible bidder under the
statute 53-41 subsection C which says you are to award it to the lowest responsible
bidder. You have made that finding and based on a record that's before you. In other
words, it's not just out of the air. It's not just an allegation made lightly by the Public
Works Director. I think there's a very complete record as to why you made that finding.
And then they would have to sue the city for failure to comply with 53-41 C and of course
the remedy would be for them to obtain the contract that they proposed to enter into
which evidence of their own documentation is that they couldn't perform so I feel very
comfortable with the recommendation. It's exasperating that you could have a bid
submitted like this and then they don't qualify for the protection of withdrawing their bid
that the statutes require and still end up with this kind of result. But I think you have to
decide what's in the best interest of the city. And that's where your decision has to
come from.
Meridian City Council Meeting
October 20, 1998
Page 27
Bird: Mr. Mayor I move that we upon the advice of the Public Works Director and the
back up letters and stuff accept McAlvain Construction's bid for $1,497,000 for the
Ustick Reservoir and booster pump station and that we release Allied Construction from
all claims of bid as being non responsible.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley. Comments Mr. Smith?
Smith: Mr. Mayor I just would make a correction to the amount that Councilman Bird
read into the record. I think he used $1,497—
Bird: $1,497,000.
Corrie: Correct. Any further discussion?
Rountree: Mr. Mayor I'm uncomfortable in the motion that we indicate that we release
them from anything. It's my opinion that we've made the decision that the lowest
responsive bid is McAlvain for the record period.
Bird: Yes, that's true.
Rountree: Nothing else.
Bird: Do you want to pull that and restate it. I'll pull mine motion. I'll restate my motion.
I move that the Meridian City Council accepts the most responsible bid for the Ustick
Reservoir and booster pump station from McAlvain Construction for the sum of
$1,497,000.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley to award McAlvain Construction
in the amount of $1,497,000 as the lowest responsible bidder. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Smith: Thank you Mayor and Council. I appreciate your help on that one. I can say in
the length of time that I've been involved in Public Works projects, this is the first time
this has happened.
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Meridian City Council Meeting
October 20, 1998
Page 28
Smith: The next item I had Mayor and Council is the engineering agreement for the
design of our secondary clarifier. The consulting engineer did not return the or was not
able to return the documentation to me in time to get that to you tonight for your action
so I would request that you table that for me until the November 4th City Council meeting
please.
Bird: Mr. Mayor I move that we table to November 4th Council meeting the engineering
agreement for design of secondary clarifier.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley to table item number
engineering agreement for design of the secondary clarifier to tabled until the November
the 4th meeting. Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
(End of Tape)
Kuntz: The first item that I have brought for your consideration tonight mayor and
council is the renewal of the lease of the 53 acres that is currently being farmed at the
corner of Meridian and Ustick, which is our 56 acre future park site. In this packet the
top copy is current lease agreement that expires November 1 of this year.
Berg: Just one comment to that, we did just receive today that payment.
Kuntz: Right, thank you.
Corrie: For last year?
Kuntz: For this agreement that you are looking at on top there.
Bentley: The one that should have been paid November of 1997?
Bird: No, no, November 1St, 1998.
Anderson: So he's actually paying it early.
Rountree: He just got his crops in.
Bird: Yeah, I was going to say, he got paid for his crops.
Meridian City Council Meeting
October 20, 1998
Page 29
Kuntz: Give you a real quick background, I met with—Mr. Ashenbrener (sic) called
Council member Rountree approximately a week and a half ago and was inquiring as to
our intent to renew his lease or not. I took the issue to the parks and recreation
commission last night. Powell was interested in possibly using part of that property to
green up and use his soccer site for next fall, or next spring, I'm sorry. The way the
discussion went last night was the parks and recreation commission did not feel like
Powell had the funds necessary to take care of greening that space up. Mr.
Ashenbreners intent was to plant wheat in that 53 acres and have it harvested by the
first or middle of August, so that this years lease if we enter into it would terminate on
August 31, 1999, which would allow us sufficient time if we wanted to green up that area
we could do that next year. I spoke with Will Berg this morning about just changing the
dates on that agreement, Will's suggestion which was a good one, was to contact Bill
Gigray our city attorney for his comments and what you have in your packets second
there is a result of Mr. Gigray's opinion on what the lease should look like. My concern
with the length and the legalese of the agreement from Mr. Gigray is I'm afraid it may
scare Mr. Ashenbrener (sic) away, but tonight I need some direction on how you would
like me to proceed with this. My recommendation is that we renew the lease for the
same amount as last year, but to expire start November 1 of 1998 and expire August
31, 1999.
Bird: Mr. Mayor?
Corrie: Mr. Bird?
Bird: I agree with Tom on the lease, changing the deal. There is only one thing that
see we've got in here lease he provides for his own insurance needs including liability
and workers comp. Seeing how that is our property out there, we should have, which
the attorney has in there for—we should have some kind of limit on the liability he
should have. That is the only thing I would say. I mean everything else is pretty well
covered on this short form agreement and I don't think he would probably have any
problem knowing Mr. Ashenbrener, he probably carries that much liability anyway. For
as many places he farms, but I believe for the city's benefit that we would be smart to
have the $500,000, 1 believe you had $500,000 in there didn't you, Mr. Gigray?
Corrie: Yes he did.
Gigray: Mr. Mayor, members of the council, I haven't been a part to any of the
negotiations of this. I was just provided with a memo this afternoon about this and I
was provided with a copy of I believe what has been described by Tom as the lease
was entered into last year. In order to be prepared for this I just drafted a form of a
lease trying to incorporate all the terms that were provided in this farm lease. The
maintenance of insurance, because we are always concerned about premises liability
and because the lessee of a property is entitled to possession of the property I just felt
Meridian City Council Meeting
October 20, 1998
Page 30
we should have a provision in the agreement that would require them to carry the
minimum that we would be required by state law to carry for premises liability. The
other thing that you have to remember is that we have a very recent change in the
Idaho Law regarding Workers Compensation. We no longer have a farmers or
agricultural exemption that we used to have. You always got to remember when you
own a real property, you may end up being a defendant in an action where a claimant
has brought an industrial claim and you are the owner of the real property and they
don't have coverage cause, if you get someone with a major injury, that can be a major
undertaking plus there can be penalties and attorneys fees and so on. In fact, I'm
involved in some litigation right now where the owner of the property is an added
defendant in the action because the contractor didn't provide the insurance that they are
required. So that can be kind of nasty. I'm sure Mr. Ashenberner isn't trying to not do
these things, and I was just a little concerned about the language here because it reads
that his own insurance needs, well that is Mr. Ashenbreners concern, but that doesn't
protect the city. I'm not here trying to make toms life any more difficult, never had any
intent to do so, and I know that Tom is a little concerned about the length of this
agreement. I can go through it if you need, if you decide you want to go with the other,
just—I just don't want to have someone say that was something that I recommended
that you do in terms of the form of agreement, I didn't have time to ferret out, in the
mean time what the history on this was getting ready for this meeting this evening. So I
defer to Toms being able to advise you about the circumstances out there and what the
relative pros and cons are. This is something for you to look at and then I did a
resolution, which I don't think makes any difference either way, it's just a necessary
findings that you have to make when you lease real property as required by that statute
that I referred in there.
Corrie: Looking through this, I don't see anything—what do you think he's going to
object to Tom? I mean, there is nothing here that is not technically on that, but it just
offers us the protection of the $500,000 policy and Workman's Comp. You mentioned
that it might scare him off, going through this—I'm not an attorney, but it looks pretty
standard to me.
Bird: Mr. Mayor?
Corrie: Let him answer the question and then I'll...
Kuntz: Well, I guess I would rely on Councilman Rountree to answer that question, he's
had more dealing, I'm just—in the meetings that I've had with him, he doesn't seem like
the kind of individual that would go from a one page agreement that he had last year to
14 pages that seems fairly laden with legalese. I think he would object to that and I
think to cover our bases as far as insurance is a great idea, but I just—that's my opinion
in the meetings that I've had with him that he would be scared away. Again, my
opinion, maybe Councilman Rountree or a Council member would like to add to that.
Meridian City Council Meeting
October 20, 1998
Page 31
Rountree: Tom I don't have any experience with Ken in terms of negotiating these
agreements. I talked to him this year for the first time, previously it's done by
Councilman Morrow and his predecessors, for the length of time we've had the
property. I guess I don't have a bases other than, yeah, he's probably a pat on a back
and hand shake kind of guy, but I'm not sure given the Workman's Comp discussion
that we just received that we in a hand shake and pat on the back world anymore. I
guess my recommendation is that we approve entering into the lease for the amount
and the time period and have legal council and parks and recreation director craft a
lease agreement that is maybe a bit more concise, but certainly has the liability of the
city in mind. We can't forget that, just for want of wheat control.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Let me ask a question, does he have a certificate of insurance on record here with
the City of Meridian naming us additional insured for Workman's Comp, liability and all
that?
Berg: I don't believe I have received that.
Bird: Okay, I agree with Charlie that I think we could make this—I don't think we need a
14 page or something, but I think we need to make sure that is on there. I think we
could pass the dates tonight. Let Tom and Mr. Gigray workout a deal, but I for one want
to see a certificate of insurance on record a copy of it within our city clerk's office. If you
don't want to write it, then you don't lease it. Also too, what we demand, or need the
same liabilities that we have to cover.
Corrie: Any further comments?
Rountree: Glen had one.
Bentley: I'm going to agree with Charlie, I would like to see something a little thinner in
design, but we've got to cover the liability issue. Thank you. And the Workman's
Comp.
Corrie: At least the "K" in this other one has got to be in there, because it's new state
laws. I think, of course the counsel was doing exactly what he was supposed to do.
Bird: I agree with that.
Meridian City Council Meeting
October 20, 1998
Page 32
Corrie: Make sure we don't get stung, no matter what. I know Mr. Ashenbrener, I don't
think he would do it. But I went to court once when I thought that too.
Bird: I was going to say.
Corrie: So I guess I'll let the council make their decision here, what they want to do.
Charlie had a pretty good idea on that as well.
Bird: Is that a motion Charlie?
Corrie: I would like to have him make it again.
Rountree: Mr. Mayor, I move that the Meridian City Council approve entry into the farm
lease agreement with Kenneth Ashenbrener (sic) for the term of $5,500, lease would
terminate August 31St, 1999 and to have City Council or Gigray and parks and
recreation Director prepare a lease agreement that is a bit more concise than the one
we have before us, keeping in mind the city's liability and need for insurance coverage.
Anderson: Second.
Corrie: Motion made by Mr. Rountree and second by Mr. Anderson. Any further
discussion? Mr. Gigray do you think we could do that.
Gigray: We'll follow your direction, if there are particular parts of these terms that are
objectionable, that make—it's helpful. My suggestion might be to Mr. Ashenbrener (sic)
just look at this and see if he has any problem with it. If he doesn't, we go ahead with it
and if he's got a problem, we've got a legitimate concern, we'll work with him, try to
simplify. Not trying to complicate Tom's life, didn't mean to upset him.
Rountree: It's pretty boiler plate, it's probably stuff he hasn't seen before, but I think...
Gigray: I think we can work it out.
Rountree: That's an easy approach.
Corrie: Further comments? All those in favor of the motion?
MOTION CARRIED: All ayes.
Kuntz: I'm sorry about this short notice I just didn't think it would be anything more than
changing the dates on the current agreement and away we would go.
Meridian City Council Meeting
October 20, 1998
Page 33
Gigray: Everything has it's own history and we will work through this, no problem.
Kuntz: The last item I have is Generation Plaza, to give you a real brief history. Bids
were submitted approximately four weeks ago. The only bid submitted was double what
we had budgeted for. At that point, City Council directed me to go back to the drawing
board and come up with some alternate plans. I contacted the Land Group Inc. out of
Eagle, Idaho that had contacted me three or four months prior when I first started with
the City of Meridian to let me know if I had any needs to contact them. I contacted
David Koga and explained that we were in an awkward situation and would appreciate
any assistance and we were looking for something on a pro bono basis. David and his
firm has been graciously been working with us over the last three or four weeks to come
up with something that would be appropriate as an alternate plan. Last Thursday David
and myself met with the Generations Plaza Committee and represented four
alternatives to design. At that meeting, the committee put the best parts of all four and
melted them all into one proposal. Tonight we bring that proposal to you for direction.
guess with that, I would like to call on David Koga. We've got some overheads to show
you and then would be willing to field any question. You'll notice your packet you've got
a drawing followed up by actual costs for each item.
Koga: Thank you Tom. Let me go ahead and provide a colored plan, makes a little
more sense than the black and white one did. Tom has asked me tonight to kind of
basically walk through the design concept we came up with this preferred semantic
design for Generations Plaza. When we first got into this project there was basically
five basic program elements that Tom wanted us to follow through that was also tied
with the regional design. The first item was the water fountain. Parts of the
components already purchased and we wanted to keep that part part of the plaza.
Number two is the columns. We tried to save four of the columns as part of the design,
tried to incorporate the concrete pavers that are used for the engraved clock to
incorporate those in a design. Four would be the clock. Number five would be some
type of an area or a wall that could be used to attach historical or interpretive type of
plaques on the wall to give a little bit of history with the City of Meridian. So from that,
as Tom mentioned earlier, we did go through quite a few process and had four different
schematics and came up with this final one that has been approved by the plaza
committee. I kind of walked through this and if we start right at the entrance, first of all,
I think everybody is aware that the perimeter sidewalk and the pavers are already
installed with the trees. So we are mostly focusing with this 60 foot sq. ft. area. The
first thing we did on the design is we took the clock, the original design the clock was
closer to the corner of the side and we put it closer to the entrance into the site. If your
were to walk into the plaza, the first thing you'll notice is on both sides, there are two
walls that are about four feet tall. By the way, this is something that is new to
Councilman Rountree, but we added an area where the concrete pavers could be
inserted into the wall on the inside part of the walls and that is where they could insert
those bronze plaques. On the outside, this would be a really good location to put the
Meridian City Council Meeting
October 20, 1998
Page 34
sign Generation Plaza on both sides for identification of the plaza. When people are
driving through the city. Once again, somewhat more direction into the water feature
and to the back of plaza, we are showing concrete pavers on the side, and then a
perimeter around the plaza would just be concrete to simplify the cost. Around the—to
kind of define the space of the plaza area, we are showing some benches. These
circles in here are planter probably concrete or wood planters. The larger ones are
about four foot diameter, large enough where you can install small trees and then the
small pots are two or three foot in diameter where you can install flowers or shrubs,
things like that. Of course in the middle, you saved the same location of the water
feature due to the size of the water feature, there was not a lot of different (Inaudible)
this could be changed so we kept the water feature in the center and then the back, has
a backdrop these four squares here are four on the columns part of the regional design.
In the back, this area right here would be a four foot wall similar to the front area walls
and this is where interpretative plaques could be installed. On each—the flank of
each—that wall are concrete seat walls. These seat walls will be about 18" tall two feet
wide with a little bit of decorative, this is where people can sit on to watch the kids run
through the water feature. A backdrop of this area this dark green is a planter bed with
trees as a backdrop and on each side here, is a lawn area, basically. Are there any
questions at this point?
Bentley: How tall is the clock?
Koga: Clock is 14 feet to the very tippy top.
Anderson: As you are driving by you will be able to see that?
Corrie: That was my concern was whether the walls would detract from it, but if it's that
tall, it's no problem.
Koga: The sign where the arms are, looks like --I looked at the drawing earlier, it looks
like it is 11 or 12 feet. Then the columns in the back are about 11 feet also. So the
clock and these four columns will be of some of a precedence of the plaza itself.
Anderson: I guess the grassy area to me is kind of a concern. Is there some kind of
barrier or something, I mean—people entering into this, if they just round the corner, if
they are coming around the sidewalk and they walk over this grass repeatedly, is that
just going to become a trampled down area where we can't keep the grass up?
Koga: That is a really good point, it is a little bit of a concern of ours. Ideally it would be
nice to, if needed, two things could be done. We could extend just a plant in bed
number one, or number two there could be a fence, clear around here, a very simple
fence. There is a little bit of rhyme and reason why we did come with this lawn area
though that we might want to consider. I hear some type of possibility of this area
Meridian City Council Meeting
October 20, 1998
Page 35
around the plaza, if the city ever has the opportunity to purchase this, that would be a
perfect area to just provide somewhat of a buffer lawn area between the plaza and
some of the buildings. So this could be, this lawn area could be an extension part of the
future area. But that—I mean it is a good point, it's something we discussed and
possibly the fencing could take care of that.
Anderson: It just seems like the whole plaza is going to be a high traffic area, a high
foot traffic area and it seems like that would be hard to keep that from getting it trampled
the way it's laid out there.
Kuntz: We plan on putting signs up "Keep off the grass".
Koga: There was a part of the lawn also has to do with the cost also, it's not a good
cost, but trying to keep the cost down.
Kuntz: I guess the other thing I wanted to mention is that the parks and recreation
commission saw this proposal last night and recommended with a motion to also put
their stamp of approval on this design.
Anderson: I have one more question of David. You mentioned that kids could run
through the fountain and the way that I'm kind of looking at that fountain, it looks like it
has a retaining wall and pools water in it, is that not the case?
Koga: Around here? That double ring? The double ring is basically, it's just kind of like
there is a concrete curb that is (Inaudible) flush and it has to do with the drainage of the
design on that. I looked at the design pretty closely and it appears that the intent of the
water feature is that there is a very shallow amount of water like very shallow dish in
that water fountain area. This area around that is where there is four little catch basins
that basically is used as a water level, for the water fountain.
Kuntz: Yeah, you can see that we have costs involved, at the bottom of that, second
page. A couple of questions last night that were raised. One would be what would the
additional cost for the land group to come up with specific components. I asked Dave
that question today and I'll let him answer that.
Koga: Well, first of all, I guess you all have a cost of this one, just kind of let you know,
take into the account of the 5% contingency also. All the other concepts came up with a
range of $122,000 up to $146,000, so this one kind of came right in the middle of those,
which kind of puts you about $45,000 less than the earlier did. Then Tom did, I knew
you were going to asking that question, this is kind of a unique project for us, case in
point, that it was already a park that was designed and now we are coming into this and
redesigning it, the way that we look at this as a cost we're putting together construction
documents and specifications to put this out to bid, even though there already was a
Meridian City Council Meeting
October 20, 1998
Page 36
design on this and this does look somewhat similar. These types of projects are very—
oh, how could I say, they are very unique and time consuming because of the size and
everything is custom made, that we almost have to start, not completely scratch, but we
would have to start, we could use some of the existing elements on the design, the base
of it, some of the details, the columns, the details, the water feature, but the overall
other details side layout, grades, a lot of those could change also. So, to answer your
question, a typical project like this we would—to put together budgetary of our fee for
this, we would go off of percentage of construction cost. Something like this we would
first look at about 10% of the construction fee, for a fee which would put us about
$14,000 in the construction drawings, but in this case, due to the fact that a lot of it has
already been designed, we looked at it and said well, how much time will it really take
and we thought we could almost, almost half that, would put us around 5% or 6%
around $8,000 which would include put together, completely—the majority of new
drawings which I think is something that is really important on this project. By no
means, I know a lot of people put a lot of time into this project in the past, but looking on
the drawings, there is ways we could do to ensure to keep the cost down by providing
very accurate and concise drawings. We found our past experiences that the better
work and drawing to provide the more detail, the details and information, so there is less
questions for the contractor. You are able to provide better, (Inaudible) bids, stronger,
closer bids, so that will be one deal. Also, we keep the cost down by having the City of
Meridian participate and assisting on redrawing this plaza. Two items that I most would
like is possibly use that would be number one, is the design of the water fountain, even
though it already has been designed, there are a lot of items in that that need to be
taken out now. Because the water fountain in the back is taking out so there is going to
be a lot of piping and pumps and things like that that could be deleted. How will that
effect the other (Inaudible) I mean the pumps in the (Inaudible) something that we are
anticipate the policy of the city, engineer could help us. We could if this was a brand
new—we could take care of that, we did all the water fountain at the Eagle Plaza, but
know the city engineer has put a lot of time and is pretty aware of the water fountain
also, number one. Number two, is the electrical work I was told that a local firm
participated the electrical design of this park and maybe they could help on this also. I
guess that was a long answer for the next question.
Bentley: You made a comment that the perimeter was already in place. Well there is
one correction to that on the west side there. There is a curb cut there that has to be
removed.
Koga: Okay, I must have missed that there.
Bentley: I think the last thing we need is somebody driving into the park.
(Inaudible)
Meridian City Council Meeting
October 20, 1998
Page 37
Bird: Down from the grass there.
Koga: Oh, over here?
Kuntz: No.
Bird: Way down.
Bentley: Down at the bottom.
Bird: Down at the bottom there, there is a curb (Inaudible).
Koga: Oh, take the curb cut out and just (Inaudible).
Bentley: Yeah, we don't need anybody driving through.
Kuntz: The other question raised last night was the timeline if we were to move ahead
with this.
Koga: What I would propose if you wish to do this project is to maybe not look at how
much time it takes, but the overall scope of this work. I think the best way to take care
of this plaza to put out (Inaudible) right at the end of this year, early next year. We
found the best time to put bids out is January because the contractors are still looking
for work. So if we look at this to be—try to have this out to bid let's say the first of
January, that would give us November and December to firm and complete the drawing
specifications and things like that. Put it out to bid in January and they can start
construction right as the weather permits. Probably in the middle of February. I would
be a little concerned if trying to push this too much and trying to have the construction
during the winter because there is going to be increase the cost of—I'm sure you are
aware of that cost. In closing, this—one thing I noticed is even though we might have
not—were able to complete the task that Tom asked us to basically provide a design
that is within your original budget. We kind of—one thing I did find out, we did have one
schematic that was kind of bare bones, it was just concrete water fountain, landscape,
no benches, no interpretive signs, it did have the columns and clock. Even then, using
our cost estimate and also using the cost estimate from the other contractors, we were
still around $120,000. So I think if you would kind of use that for a base.
Rountree: If you take the columns out of that you are right at $100,000.
Koga: Yeah, those four columns we had $12,000 for those four columns.
Bird: Four in the back? Don't take it out, I think this is a beautiful design.
Meridian City Council Meeting
October 20, 1998
Page 38
Koga: Point in effect you have a concrete parking lot with a fountain in the middle of it,
for a $100,000 dollars.
(Inaudible)
Rountree: That's what they came up with for the $100,000. That's a decision that we
have to deal with.
Bird: You've got to figure out where you are going to pick up an extra $38,000. 1 think
David is probably very close to the right price at the first of the year.
Corrie: We might be able to pick up with the people speeding down Meridian Road that
is still 15 mph in a construction zone.
Bentley: Yeah because it's double.
Corrie: Well, with all that in mind, where would you like to go? Gary do you have
something that you want to say?
Smith: Yes, Mr. Mayor, David made reference to the city engineering department
helping out with drafting. We are right up against a wall with water and wastewater
projects and I don't know that in this time period, we are not going to be able to give any
help with our staff right now.
Koga: Not so much to do the drafting, but basically be able to sit down with the water
fountain, what the design and intent was of the water fountain, electrical—if they can
give us the direction of the right people who did that design. The right people who—we
would be more than willing to sit down and talk to them and even make whatever
changes on the drawings, it's just—somebody put a lot of time on that water fountain,
there is no need for us to redesign the wheel on that.
Smith: Well my assistant engineer spent I don't' know how many hundred hours in
putting that thing together. He's put a lot of work into it. I'm sure he would have time to
sit down and talk to you about it. In terms of actually, physically doing anything we are
just strapped right now.
Koga: But we can use his knowledge.
Smith: Yes, sir.
Corrie: Well, do you want to proceed with this schematic and set it out to bid and see
where we go?
Meridian City Council Meeting
October 20, 1998
Page 39
Bird: Who is—David do you take care of all our bidding? Bid documents and
everything, for your fee? Take care of bidding it out?
Koga: We yeah, take care of the bidding on that. One thing that I forgot to mention and
I thought the city might be able to participate, but maybe not, would be on the site
observations. I know that these types of parks there are a lot of time involved on site
observations. That probably the only thing—what we could do, and if we are worried
about the cost on this on the site observations we could put together contract that is
maybe as need hourly rate. But, at the same time, just from past experience, I know
that there is going to be a lot of questions during the construction with the contractors
on there. What I think maybe to be fair, I was figuring this $8,000 would be through the
bidding phase, maybe what I ought to do is put together more of a true and really put
some thought into a proposal of this project from construction documents through
construction administration. Now that I have a better feel with the city's approach also.
Bird: The public works department isn't going to have any time to help you at all to
speak of on the deal, because they've got water and sewer to worry about. I would
prefer that you come back with a proposal on my point from start to finish. You can
handle it.
Koga: We can definitely do that, that's no problem. I guess I've been going at this too
much like trying to find a way to keep the cost down, what I'll do is seriously look at this
like it's a regular project. Take into account what has already been done in the past and
put together a proposed (Inaudible).
Bird: That would be the best. I don't know about the rest of the Councilman, but guys,
if we put this guy to doing this, we are going to pay his fee as far as I'm concerned
whether we buy the project or not, so get ready to open up your pocket book.
Corrie: I had some service clubs presidents talking to me and I think you have too Tom,
about something they could be doing involved in this and I had made a couple of
suggestions to them and they didn't balk at it. I think we can...
Kuntz: Mayor, were those suggestions dollars or...
Corrie: Yeah.
Kuntz: Okay, because that is the only area that I would like to see help is dollars.
Corrie: There was a couple of them that sent it to me that was dollars.
Bird: Mr. Mayor, I agree with Tom. We've got to have one person in charge and David
has done a—and his firm is very capable of handling this kind of thing. It will go much
Meridian City Council Meeting
October 20, 1998
Page 40
smoother and cheaper in the long run, so. As a council we've got to decide that we are
not going to get it for that $100,000, so are we going to open up? If we can go out and
fundraise and hit some of these service clubs up for some money and get it in, the more
power to us, but we better have the money available to underwrite this contract,
because I don't think it's fair to our subcontractors, to David and his Land Group to have
them go through this if we don't plan on following through with it.
Corrie: With that do you want them to follow—Mr. Gigray.
Gigray: Just a comment with regards to raising money outside of the city for this city for
this project. The one thing you've got to remember if you raise money, if it's donated to
the city it'll go to the general fund—I mean this is a requirement of law and the question
is, if you are going to expend money in this years fiscal year budget on that project,
you've got to know where you are going to take it out of. That money would carry over
probably till the next fiscal year for appropriation. If this is something that would be
constructed in next years fiscal year, then those donations could be budgeted through
and it would be no problem.
Bird: We broke ground three years Bill.
Gigray: I know how that works because that's the way the budget was, in all
government subdivisions. I've also been heavily involved with the green belt civic
league of Caldwell Inc. that has been involved with trying to develop the Boise River in
the City of Caldwell and we've provided a lot of assistance to the City of Caldwell, but
every time we have done it, we've paid for—like we purchased land and then we donate
it to the city. So we don't turn money over to the city and then have them do it because
of the budget problems associated with that.
Bird: Can we not do it if and we surely have this done by October 1St of 1999.
Corrie: It better be or I won't be around.
Bird: Well, if this thing falls this time, don't bring Generations Plaza to me again.
mean this—we broke ground three years ago. This isn't funny. We can just—the extra
money we can do a budget adjustment.
Kuntz: Don't forget that we have in my budget over $400,000 in impact fees that, this is
a park that can be used toward.
Bird: Well, read your ordinance, we will get the money one way or the other. Do you
want to make a motion or do you want me to Charlie.
Meridian City Council Meeting
October 20, 1998
Page 41
Rountree: Not only do we have $100,000 in the budget, we still have some money that
is donated. I just wanted to point out and it's a stark realization to me through the
process because of the uniqueness of these things, that they are extremely expensive.
David pointed out the cost in curb by Eagle and that small water feature and gazebo
they have that they just opened up there, over $300,000. So I think we had the blinders
on when we entered into this some three years ago. We didn't have good direction in
terms of what the costs are. I think we know now what the cost might be within a few
percentage points one way or the other. It's for the council to decide but I think the
decision we make tonight is one we move forward with the bid documents, two that we
bid it and three, with the exception of the bid coming in exorbitant above and beyond
maybe 15% of what the architects estimate of what the cost might be, that we would be
willing to accept cost in the $130,000 - $145,000 range and move forward with this. Or
since it's Halloween time, we drive a spike in it tonight. Whatever we do, we have to
make an action. I don't think we can stumble along and go through another proposal
process and then hope to—again, Halloween, get it out of the crypt. One way or the
other, we either go for it, or we don't.
Bird: Mr. Mayor, I will make a motion that the Land Group—we authorize them to get
the bid documents ready to go out for bid, bring us in—bring the mayor a final proposal
and have this done by the November 4t" meeting and we will approve it at that time and
proceed on with Generations Plaza.
Bentley: Second.
Corrie: Motion made by Mr. Bird and seconded by Mr. Bentley.
Rountree: I guess I can vote for everybody on that motion it provided the condition that
we will move forth with this project with reasonable expectation of the cost presented
tonight.
Bird: Well, his proposal will bring us—when he comes back the fourth, he will have us
probably a pretty accurate cost, because basically right now you can take $1,100 bucks
out because the clock installation will be taken care of by the clock purchaser.
Corrie: Okay no further discussion, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Kuntz: Just one other item, actually two other real quick items. One is Tulley Park will
be seeded Thursday. Two, I don't know if anyone read the newspaper on Saturday, a
reporter called me late Friday afternoon about 4:30 and wanted some information on
our new recreation superintendent. I plan on introducing her after she starts with the
city on the 26t". So we will probably bring her to a workshop...
Meridian City Council Meeting
October 20, 1998
Page 42
(END OF TAPE)
Kuntz: About the new recreation superintendent the article was in Saturday's paper.
Then seeding at Tully Park on Thursday of this week.
Anderson: Tom, does that mean that Tully Park is done?
Kuntz: No sir, but it's done for the season. Yes. It's never done. Thank you Mayor
and Council and special thanks to Dave Koga.
Corrie: Thank you for your time and efforts. Shari is not here tonight, so we will hold
that till the next meeting. Kenny you want to tell the council update and then we will all
be finished.
Anderson: Strategic planning comments I want to make.
Corrie: Strategic planning comments?
Anderson: Make sure some things are done before we show up.
Bowers: Mayor Corrie and members of the council, Ron Anderson and myself has
received a packet from Bill Gigray on the preliminary title for the Meridian Industrial Park
on Franklin Road that we have purchased. He has went through the packet, looked it
over, he says it's real clean it looks good. The only concern he had was with
Nampa/Meridian Irrigation District. What are we going to do the ditch at this time? The
way the ditch is laid out, I don't think we are going to have to move it or do anything to it.
I'm not sure if we are going to leave it open or if we are going to tile it or whatever we
are going to do, so. I had one question for Bill Gigray, will we have to pay this $1,071
for the fee simple? Whatever fee simple is.
Rountree: Is that for recordation of the title?
Anderson: Yes, you won't have to pay it.
Gigray: Mr. Mayor, if I might respond, members of the council and chief. This is an
owners premium fee which is the charge for the title insurance and I didn't bring the
original agreement that we have with the seller, because it will define who pays this.
Generally that fee is paid by seller, sometimes it's split. I didn't bring that agreement
with me, I don't know if Will has it available. I could answer that question, but it's
already factored into the agreement that you have already approved. That this is
providing owners premium title insurance for the property and the title insurance is
issued in accordance with the preliminary title report, that's why we wanted to review
Meridian City Council Meeting
October 20, 1998
Page 43
the preliminary title report because if we had objections to any of the exceptions that are
written in that title report, that's the thing they won't insure against. I just wanted to
make sure with the chief and with Ron that we were comfortable with the property that
we were purchasing is capable of being used in the manner we intend. This was one of
the provisions that we have in the contract with the seller if we determine it isn't we can
get out of this agreement. I think they've looked into that appropriately and the other
thing I believe the chief wanted to highlight so you know where this project is and where
it's going and if we have—unless there is some objection from the council if this looks
like it's going to move forward we could close on the 30th of October, that's before your
next meeting. I don't think we need any more authority than we've got. We just want to
make sure everybody understands what we are doing.
Corrie: Okay, there goes your travel money Ron.
Bowers: We took that out anyhow. We took it out, so we will have to take it from
somewhere else. We will get the purchase order ready for what's—Bill would you be
able to get me the final cost so I can (Inaudible) purchase order.
Gigray: We will work with a closing agent. Larry from Stuart Title called me and wanted
to know if we do want to close on the 30th. I said as a cautionary we ought to report to
the council what we are doing, because we do have till the end of November to do that if
we choose. I will direct him to go forward and then they will prepare a closing statement
which we can look at and we'll know the exact amount so I wouldn't order that just yet.
Anderson: Okay, that will be fine, sounds good.
Bowers: Any questions then on the property? One other thing.
Bentley: You are going to keep the weeds off of it?
Bowers: About as good as what we did on Ten Mile I guess. You've all got, I believe
Councilman Bentley gave you all copies of the union contracts. So you guys need to
look through that, I think it's a workable contract. I want to thank Mr. Bentley and Mr.
Anderson for putting in all the time also all the rest of you guys when we were meeting
over here in the meeting room all the time. It took us a long time, but we've got
something that we can work with.
Corrie: Thank you Kenny.
Gigray: Mr. Mayor and members of the council, chief the only question that I have is is
that new agreement provide that the city is the one that contracting so the rural isn't
involved in that anymore because that was one of the provisions of the joint exercise of
power agreement that we would assume that duty there.
Meridian City Council Meeting
October 20, 1998
Page 44
Bowers: The first paragraph in article one states City of Meridian and the Meridian
Rural Fire Protection District.
Anderson: I might add the unions attorney, it was with his insistence that since we had
started these negotiations with them and that part of this contract since it is retro active
back to October of 1997 that we had to include them in this one and that in the future
when we renegotiate this contract then it could be dropped so it was on the legal advice
of the city's attorney Skip Sperry from IEC that was representing us, we went ahead and
put that language back into this particular contract.
Gigray: Will the rural agree to it?
Anderson: Yes, they were there and represented and did agree to it.
Gigray: We should, as long as we have that base covered that's my only concern,
because that was something that we agreed to assume.
Bowers: Thank you.
Corrie: We've got a meeting the 22nd, 6:30 P.M. here Thursday and a Planning meeting
October 27th, and Charlie you had something you wanted to (Inaudible).
Rountree: I had two things, one the meeting on the 22nd came as somewhat of a
surprise to me, not that I'm opposed to it, not that I won't be here. That just kind of
came out of thin air without approval of the council and I'm not so sure that we can have
a special council meeting without council involvement. Granted it's been noticed and
granted we are going to have it, but did we make that motion at some point? For the
22nd or the 27th .
Corrie: 22nd
Bentley: November 22nd
Corrie: Well it doesn't make any difference if the mayor calls a special meeting, you
should be there. I think that was done here.
Rountree: Was it, I just couldn't remember. I was trying to figure out what was going
on, the other is a meeting on the 27th. Planning meeting on the 27th we have scheduled
at 7:00 a discussion with Sanitary Services on their contract. Bob you were going to get
a hold of Candy and have her, she wanted to be here and talk to us about
compensation for department heads in an executive session on the 27th. I'm assuming
that is still on. ZGA wants to talk to us a little bit about space so if you want to schedule
Meridian City Council Meeting
October 20, 1998
Page 45
them to be here and talk about space, are we ready to talk to them? Do we want to put
them off for a month?
Bentley: (Inaudible) new building.
Anderson: No, I'm ready.
Rountree: I know during the budget process we had some money in the budget for the
senior and never did an indication back whether the city can even do that, but Bob took
it out of his budget as a budget balancing exercise. I assume we all got a copy of the
letter from the senior center why we don't think enough of them to help them.
Corrie: It wasn't from the senior center.
Bird: It was from (Inaudible).
Corrie: I already covered the letter with the director of the Sunrise Service. She
apologized, she overstepped her...
Rountree: So I wasn't sure did we have something in the budget for them? I still think
we need to talk about how we can help them.
Bird: We haven't discussed it at all.
Rountree: I've been contacted by Jim Badolfson (sic) of the Bureau of Reclamation.
The bureau is in the process as we have talked about in the past of turning over control
of lands that are—they are titled to both Nampa/Meridian and/or anybody else who
would like them. He is of the opinion from the Bureau of Rec's side that if there is
anything in the City of Meridian that they own, and the City of Meridian wants control of
it, Bureau of Reclamation is more than willing to give us title to those government lands.
Then Nampa/Meridian would work for us. Probably not a bad idea.
(Inaudible)
Rountree: He would like to get a meeting with Bill and maybe the mayor and maybe
Gary Smith or Shari or some folks in the city and just talk about what is going on. You
know they're—federal government is going through some major changes in this new
customer oriented era they are in and they are getting rid of this land and if the city
doesn't get fee title, Nampa/Meridian will. A case in point, apparently in Arizona,
they've gone through this process and some irrigation districts got a hold of fee title on
the some laterals and irrigation facilities and that part of the world and have caused
major grief to communities by not allowing any development around or over their canals.
We could be faced with the same kind of thing here. So we need to explore this
Meridian City Council Meeting
October 20, 1998
Page 46
vigorously and find out what our liability potential is, but also what our potential for
ownership and future development is within our impact area and we have a very willing
individual in the federal agency to work with us, Jim Badolfson (sic). He really does
support anything that we would pursue. We will talk about that on the 27th and maybe
put a task force together and get involved with them. That's all I've got for that meeting
if anybody has got anything else, again, I'd like to get them over with by 9:00-9:30 so.
We've got a pretty full plate at this point.
Corrie: When do you want to finalize that police and fire closing budget? You left it
open.
Bentley: I think on the police, in a conversation with Charlie the only issue was the
where they moved the Narcotics guy over. The funding didn't move.
Rountree: I still have some questions about longevity. I think we will probably deal with
all the longevity issues when we deal with compensation, but maybe we can go into
executive session and we can talk about personnel issues as it relates to that and any
other comments or concerns that the rest of the council had and we can close it then.
In my opinion. Well, the fire is a done deal—will probably be looking at taking action on
the 4th on the contract is that what you're projecting and that's what you want to do?
Anderson: Yes, that's what we prefer.
Rountree: Well then I think we ought to take some time on the 27th to talk about that, I
know I haven't compared side by side our proposal and this proposal Ron did give me a
briefing and it sounds like we are pretty much where we were months ago, from our
standpoint.
Bird: No comment.
Rountree: Not to change it, but it would be good to talk about that, I think everybody
ought to have an opportunity.
Corrie: On November the 4th I'm going to be late, Charlie you can open start it, I've got
to...
Rountree: You are just going to have to pay to the kitty I guess.
Corrie: Okay everything has come before the council, I'll entertain a motion to close.
Bentley: Motion to adjourn.
Rountree: Second.
Meridian City Council Meeting
October 20, 1998
Page 47
Corrie: Motion made and seconded, all in favor say aye.
MOTION CARRIED: All ayes.
Meeting adjourned at 10:29 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS.)
APPROVE:
ROBERT D. CORRIE, MAYOR
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK