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HomeMy WebLinkAbout1998 09-15MERIDIAN CITY COUNCIL MEETING SEPTEMBER 15. 1998 The regular meeting of the Meridian City Council was called to order at 7:35 p.m. on September 15, 1998 by Mayor Robert D. Corrie. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley. OTHERS PRESENT: Bob Corrie, Will Berg, Bill Gigray, Bill Gordon, Shari Stiles, Gary Smith, Kenny Bowers, Janice Smith. Corrie: Before I start the meeting tonight on the agenda I will add item 13 if it's not on your agenda it is two line adjustments for the 97-98 budget. One is on the fire department and one is on the police department. And also I have the administration line item adjustments. There will be no increase in the budget, but we just had some adjustments that we need to make. You are certainly welcome to stay for that one tonight. Council you have the consent agenda before you. Is there anybody who would wish to have any of them taken off the consent agenda? Hearing none, I'll entertain a motion for approval. Anderson: Mr. Mayor, I make a motion we approve items A through E on the consent agenda. Bentley: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bentley that we accept the consent agenda line A through E. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: All ayes. II121LVA10Iffl ER111060 9 15111001~YAW,/_�e1971rV21901:49 K. Anderson: Mayor and members of the council my name is Kevin Anderson. represent the firm of Balukoff, Lindstrom and Company. We have been engaged to perform the audit of the 1996-97 financial statements of the City of Meridian. You'll have to temper my comments. I understand that the financial statements are now almost a year old. We apologize for that from our perspective. Just by way of if I can justification we were engaged in the May time frame to do that audit. We thought we would be able to have it done a little quicker than this, but we are now presenting that financial statement and that audit to you at this time. I would like to introduce a couple of my staff members that helped me. Kevin Smith and Julie Smith, they were instrumental in helping complete the audit. The financial statements you should have gotten in your packet a financial statement and a management letter, two different reports. First start with the financial statement, the financial statement includes all of the funds and account groups for which the City is financially or operationally responsible. And on page 1 of the financial statement is our audit report, our opinion on Meridian City Council September 15, 1998 Page 2 the financial statements and we express an unqualified opinion that the financial statements are fairly presented in all material respects. That's the best you can get if I can put it in layman's terms. You're financial statements present fairly the financial affairs of the City of Meridian as of September 30'" of 1997. To point out just a couple of highlights that I see in the financial statements on page 4 and 5 is the liability and equity section of the balance sheet and the fund balance of the City of Meridian for the general fund there on the bottom left hand side of page 5 is $6,650,000. And I might say from an audit perspective financially the City of Meridian has been very well managed given the growth that you've had. It's just incredible from an audit perspective that you're able to manage the city and have the kind of balances that you have given the fact that you've continued to grow as fast as you have over the last five years, and think you're accounting staff, your administrative staff are to be commended for that. On page 7 is the operating statement of the general and capital projects fund. Currently there are no capital projects so the capital projects funds does not have much activity other than interest. But on page 7 the general fund has had in fiscal year 97 an excess of revenues over expenditures of 2'/2 million dollars. $2,472,902 there on about three fourths of the way down on page 7. On page 8 is the statement of revenues and expenditures comparing the budget and actual. The actual expenditures of the general fund were $5,622,000. The budget was a little over 9 millions so you were well under your budgeted expenditures for the general fund. Beginning on page 24 of the financial it has a detailed by department, and I'm not going to spend any time going through the details by department. You can peruse that and if there are any questions you can ask that a little bit later. The enterprise fund the water and sewer fund, the operating statement begins on page 9 there. And for the year ended September 30, 97 that income was just a little under three million dollars in that fund. Again in the back there is detail of budget and actual for the enterprise fund or the water and sewer fund and you can peruse that also. The fund is doing well. It's got sufficient revenues to meet the expenses in that fund. And cash flows from operations are strong. Beginning on page 11 are the notes to the financial statements. In the notes to the financial statements we make disclosures that are required by generally accepted accounting principals. Note A contains a summary of the significant accounting policies of the city. I might just note that none of those policies have changed from prior years particularly so I won't spend a lot of time in the detail of those at this time. On page 17 it gives a listing of the deposits and investments of the City. We're required to disclose category risk by categories. There's at the bottom of page 17 there's risks 1, 2 and 3. Category 1 being the safest of the investment. Category 2 being a little more risky. Category 3 being more risky. Even though I say risky all of your securities are invested in either certificates of deposits with banks or money market accounts or U.S. Government securities and agency securities so they are not what you consider to be what you hear on the financial news about the stock market going up and down. They are nowhere near that category, but if you recall there was a county by the name of Orange County that had a little bit of financial problems. This disclosure is a result of that county's financial problems, but your investments are safe by any standard. On note E gives a Meridian City Council September 15, 1998 Page 3 detail of the debt of the city. The bonds payable. The bonds are virtually paid off. They will be paid off within the next two years on a normal amortization schedule. As of September 30th of 97, the City had outstanding $520,000 of debt. Note J it has the commitments of the City of September 30, 1997. Again that's a little dated information but a listing of that at that date. In note M, it discusses a change in accounting principal. Maybe this only gets accountants blood flowing and adrenaline, but generally you need to be aware of changes in accounting principals. Those are times when things might be things going on or whatever, but this one was one that was prescribed by the governmental accounting standards board. What it did was took the section 457 plans that the city has and said that those do not need to be disclosed any longer in the financial statements since they are a trust in and of themselves. Previously those used to be subject to general creditor claims. There was a change by the Internal Revenue code and the 457 plans have now been taken off of the city's financial statements. The management letter contains our recommendations for improvements in the internal control and other things of the city. We've put those in there along with the Mayor and his staff's response to those recommendations. There are several improvements that we think need to be made in the internal controls of the city. The growth has been phenomenal. We think that there's some additional things that need to be done in internal controls in order to keep up with the growth of the city. The more important of those items are contained on pages 34 and 35 of the regular financial report, and I understand that we are going to get together and talk more detail in a meeting next week tentatively and I would like to sit down and go through those in detail at that point in time, but if you have some time between now and then, I'd really like you to take a look at 34 and 35 because those are the things that we'll want the city to concentrate between now and the next audit. The next audit will really start in about 4 to 6 weeks. So there won't be much time to get those change, but we would like to see some definite improvements in the 98-99 fiscal year in those areas. Are there any questions which I might entertain at this time? Bentley: I don't have a question. I just wanted to state that it was a pleasure to read your audit. It was very easy to follow, which is different from some of the other ones I've had to look at. So I appreciate your work and the comments. K. Anderson: Well anytime you have a question too, you can give me a call at my office and I would be happy to go through that. We'll go through it in the special meeting or whatever, and I would be glad to entertain any questions or concerns that you have. I'n- here to try and see that the internal controls and those things improve for the city. I would like to consider myself a working partner as far as that goes. Bird: I would like to thank this accounting firm for the fast and efficient job they've done for us. We come in with their hands halfway tied and come through real well for us and got it out in a timely matter. I appreciate that. Meridian City Council September 15, 1998 Page 4 K. Anderson: Thank you. Corrie: Any other comments? Anderson: I would like to express the same appreciation for a timely job. Thank you for a job well done. Corrie: It's a pleasure working with your group Kevin. Any other questions of the Council? Bird: I have none. Corrie: Okay, I'll entertain a motion that we accept the 96-97 fiscal year audit report. Bird: Mr. Mayor I move that we accept the 1996-1997 fiscal year audit report as done by Balukoff, Lindstrom and Company. Anderson: Second. Corrie: Okay motion made by Mr. Bird second by Mr. Anderson to accept the 96-97 fiscal year audit report as given. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: All ayes. II121►VA10[•111111180[+y_l0111r_I:0921:SVA[a]xy:Lll10111111 V *I I :III" ILI] V 101 Eel Corrie: Council you have memorandum that was presented by Mr. Gigray, our attorney, that requests that no action be taken on this matter at this time due that we need to readjust and consider the ordinance granting this franchise. Counselor, would you like to say something else on this? Gigray: I would just amplify the fact that there are certain procedures the city has to go through in dealing with franchises and this would be a change in the existing agreement. We would have to amend I believe our ordinance and we have to go through the 30 day procedure where we cannot pass a new ordinance for 30 days and they have to be published before consideration so I recommend that we follow that procedure and then we will get about the business of drafting the appropriate ordinance for your consideration. Corrie: I might add that I have talked to Steve on this. I didn't get a chance to talk to you Bill, but I did talk to Steve and what pertains here and he has agreed that we want sure that it's done right and in the proper procedure. So any comment from Council? Meridian City Council September 15, 1998 Page 5 Bentley: Mr. Mayor would you be looking at to have this deferred to? Gigray: I would recommend with your permission Mr. Mayor to answer that question that we would put this on the agenda for the next Council for consideration of an ordinance to get this process started. Bentley: With that Mr. Mayor I would move we table the sanitary service rate restructuring until we can prepare the ordinance on October 6th Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to table until October 6t" meeting sanitary service rate restructuring for the ordinance. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 3: BSU CONTRACT WITH CITY AT WATER DEPARTMENT BUILDING: Corrie: We a comment here made by Mr. Gigray. Has all the Council had a chance to read that State Board of Education agreement? Bird: The agreement? Corrie: Not the agreement but his memo? Anderson: Mr. Mayor it sound like what legal counsel is recommending is the same thing that we just discussed on the sanitary ordinance so where we at on time frame and advertising on this one? Corrie: City Clerk do you know — there really isn't any time on this one so you can bring it to the next meeting if you want, but the recommendation is that we receive a deed from the state transferring the real property back to the city. Lease agreement between the city and the state to provide for a dollar per year lease and there was a question about the utilities, maintenance and cost and we also get clear with the department. Is that correct, Bill? Gigray: Mr. Mayor it appeared to me that the state would remain in possession of this property, deed it back to the city and it appeared as it was written that there would be possibly some obligation on the part of the city to pay utility costs, and then I was also concerned if the city is not in possession who is going to be responsible for carrying the insurance on possession. It would seem appropriate for the state to do that. What I Meridian City Council September 15, 1998 Page 6 would like to have direction from the Mayor or Council is there someone in the city I assume some department in the city that would oversee this particular piece of property and whatever that department would be and I should negotiate with the state to see if we can't finalize this so it's ready for your consideration on the 6th. Corrie: Gary would that be under your department is what I would suspect. Yes. Okay, perhaps that we in order to get all that together and give you time to get with the state, I would suggest that the Council also table this. Would the October 6th meeting Mr. Gigray be time sufficient? Gigray: Mr. Mayor I believe it would be unless we get into a donny brook over these points, and I think what we would asking here would be reasonable given the circumstances. Bentley: Mr. Mayor with that I would move that we table the contract with BSU and the water department and instruct the city counselor and the water department head to get together with the state and work out the agreements and have this possibly ready on October 61n Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to table item number three until October the 6th meeting. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 4: ORDINANCE OF THE CITY OF MERIDIAN / IDAHO POWER FRANCHISE: Corrie: This will be the third reading by title only. (Title was read by Mayor.) Mr. Gigray this is the third reading. Do we accept as ordinance now or do we — and then it would 30 days after this ordinance acceptance. Gigray: Mr. Mayor as along as this ordinance is passed 30 days after its introduction, it will be in compliance with the state code, and I think by our calculations that time would run somewhere around September 29th and it also needs, we need to have proof that it's been published in the paper prior to its passage. Corrie: Okay. All right with the third reading then I will entertain a motion for Ordinance #800 from the council. (Inaudible) Meridian City Council September 15, 1998 Page 7 Bentley: What we discussed last time was just setting the effective date to come in passed the 30 days. Corrie: Bill I have here an ordinance that says please be advised the above referenced matter which I understand is now set for September 29th special meeting for final passage. Can we go back tonight rather than the 29t"? Gigray: No, my recommendation is that you not pass it until the 30 days have gone by. Corrie: Okay, fine. Then we'll have a special meeting. Gigray: And I don't know has it been published in the paper yet. It has to be published before it's passed. Corrie: Okay, then it will have to be published then. After September 291h then we can go ahead for the ordinance. Then I will take that back and we shouldn't make a motion until the 29th of September. Mr. Bentley, you have a look of surprise on your face. Bentley: We're going to have to table it now then. Corrie: Yes, right. But — this is just a reading. We'll have a special meeting for the ordinance itself. Bentley: When are we going to establish that meeting? Corrie: We can do it actually if you want to do it October the 6th. I don't think it's going to make a lot of difference. Bentley: That would be my preference that we don't — we're working around trying to not have a meeting on the 29th Corrie: Then we'll do the final ordinance number 800 on October the 6th Bentley: Mr. Mayor another question on this for the counselor. The preference of the Council will be that the revenues generated from this franchise fee be dedicated to public service, police and fire. Is that best done through a motion through the passage of the ordinance itself or would it be better served to do a resolution? Gigray: It would be better served to do a resolution but my advice to the Council is that will be a matter of the adoption of your budget, because your budget will show the anticipated income of the city and then that is appropriated as you establish the various line items of appropriation and this would be just shown as an income item. If it's Meridian City Council September 15, 1998 Page 8 undesignated by law it will go into the general fund in revenues that start being produced this year because you've already got this year's budget, but if you want to establish this in the future for specific purposes, I think that would be a good idea. Bentley: When would you suggest we prepare the resolution? Gigray: At some point where you have and you may already have estimates of the amount that would be produced and if we have some directive as to how you want that done, (inaudible). Bentley: Okay. Well that will be my preference and I guess we can wait down the road to do this. We don't have to do it right away. Gigray: Because your budget is already set for this next year. Bentley: That's correct. Thank you. Corrie: The City Clerk reminds me to be sure to talk into the mike. Our system isn't quite working right tonight so if everybody would do so, I would appreciate it. ITEM NO. 5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 4.13 ACRES BY EAGLE PARTNERS — NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW. Corrie: Mr. Gigray I am going to ask you to comment again. We have a request from you on this memo from your department. You were going to consult with the Planning and Zoning Administrator. Gigray: Mr. Mayor I was picking up something here and I'm not sure if I'm tracking with where you are. Corrie: We're at item number 5, but we had a request September the 1 st to consult with the Planning and Zoning Administrator so we put this table the Findings of Fact until tonight. Are we ready to do the Findings of Facts? Gigray: Okay, Mr. Mayor I am tracking with where you are. I have prepared for the consideration by the Council and by yourself a proposed Findings of Fact and Conclusions of Law and Order of Decision which you have before you. We also prepared for your consideration a development agreement and then the appropriate resolutions that go with that development agreement. It's my understanding that this matter is before the Council on two items and that is an item of annexation and zoning designation considerations. There is also an application for conditional use permit but that is not set for any decision making or any action this evening, and it is my Meridian City Council September 15, 1998 Page 9 recommendation to the Council that first it must address the issues of annexation and zoning designation before it addresses the issue of conditional use permit. Bentley: I have a question for Counsel. With the development agreement we have here are we tying the two together? Gigray: When you reference the two are you talking conditional use permit or the annexation and zoning? Bentley: The annexation and zoning, excuse me. Gigray: It is the purpose of the development agreement as you're probably well aware is of course to have basically conditions upon which a zoning designation is made and those conditions are set forth in the development agreement and the development agreement is drafted for the purpose of establishing what conditions of use and or development are required as a condition of the annexation and zoning designation and so this draft that you have in front of you there are certain in the order of decision it list all of those items which are set forth there as conditions and those conditions are set forth also in the development agreement. And they are tied to two issue mainly. The first issue being those issue addressing public facilities needs and request of government entities providing services in the planning jurisdiction to assure that the cost of the development is not born by the tax payers and is in accordance with the request of those government entities and then the second part of it has to do with conditions relative to the compatibility of the proposed development and the proposed zone with the surrounding development and circumstances of the area. Bentley: Thank you. A little different format, huh? Gigray: Do you wish me to walk you through this? Anderson: If you would I mean we just got this tonight. Gigray: With your permission Mr. Mayor I'll review this with the Council. As you can see the beginning of this of course is just the title and cause of this particular proceeding before the Council and then the Findings of Fact commence with the issues with as adequate to notice of public hearing has been provided with regards to the history of this particular case and that's set out in the first two findings. The third finding deals with an overall finding of compliance with notice and hearing requirements as provided by Idaho law and your city municipal code. The fourth finding is a finding in regards to taking judicial notice of your own ordinances and comprehensive plan which relate to these particular applications. The fifth findings has to do with the description of the property which is subject to this application finding that the applicant is the owner of record, that it's presently zoned in the county as county rural transitional. What the Meridian City Council September 15, 1998 Page 10 applicant requests is C -G general retail service commercial. The applicants request annexation and zoning as nine here where the property is located and then the proposed site where it lies, what it's adjacent to, the other subdivisions and the other developments in the area, and those are referenced in finding number 11. The issues regarding facts relative to the eligibility of this property for annexation into the City of Meridian are referenced in part 12 here as to its proximity to the boundaries of the city and that is also dealt with in finding13. Specific reference in finding 14 to the development of property to the north and northwest and to the east and south and adjacent properties that finding that the area of city impact is 15 that the entire parcel is included in the Meridian Urban Service planning area which is a requirement of your ordinance. The applicant submitted development plans and then there's a specific reference in this finding to the plans that were submitted in this particular matter and a specific reference to job number and sheet reference and also building data and a date of 6/98. Finding 18 references the proposed development of the subject property regarding the northern 108 feet to be reserved as a road right-of-way dedicated to Ada County Highway District for the inclusion of a berm of the northern one third of the reserve right-of-way with the adjacent and to the south reserve of the right-of-way is depicted as parcel B as you recall and that's 150 feet in width and then that is proposed to be developed as a credit union building of 5,000 square feet with future expansion of 2600 square feet. Then there is a reference to parcel A which immediately adjacent to the south of that is 192 feet in width to be developed as a McDonald's Chevron fast food convenience facility and then there's also in the proposal fuel islands and other associated development with that which is specifically referenced in this finding. Finding with regard to traffic volume on Eagle Road being high and serving as a major interchange and north south collector for interstate 84. Finding 20 deals specifically with the request and the information and the evidence received regarding government subdivisions providing services in the planning jurisdiction and those findings as you will see there which are 20.1 through and including 20.26 are specifically addressed to deal with the evidence that was received in this matter from those government entities and if you want me to review them specifically I will. Give you time to look at them because they do relate to conditions to development. I'll wait Mr. Mayor until you give me the sign to go ahead. Following along finding 21 is a finding with regards to the fact that the developer pays for the requested improvements and complies with these conditions that the economic welfare of the city and the residents and the tax and repairs will be protected. Finding number 22 deals with issues the development considerations to be taken into account in order to assure the proposed development is designed, constructed, operated and maintained in a manner that is harmonious and appropriate in appearance with existing and intended character of the general vicinity in order to assure that it will not change the essential character of the effect of the vicinity and will ensure the proposed uses will not be hazardous or disturbing to existing or future neighboring uses and so on as you see in this finding and this is one of the considerations that you have to make with Meridian City Council September 15, 1998 Page 11 regards to a zoning designation and a zoning amendment is this consideration so these next finding which are underneath that one which are 22.1 through 22.15 deal with those considerations and those also compose conditions which would be conditions of a decision and conditions of a development agreement. Finding 23 deals with an issue with regards to development agreements and the timing of the signing of development agreements with annexation and finds that it's difficult to get them signed after annexation and addresses the issue of doing it prior to annexation. Finding 24 is a finding with regards to the consistency of the requested zone of service commercial with the designation of the Meridian Comprehensive Plan generalized land use map which designates the subject property as commercial. That the proposed development will serve existing and growing needs and will service services to surrounding institutional commercial and residential development. Finding 26 has to do with the finding with regards to the compatibility of the proposed zone to the surrounding development and area. Finding 27 is that there's no major scenic features of major importance that affect consideration of this application. That's one of the issues in your zoning ordinance and then finding 28 relates to goals and policies of the comprehensive plan of the city which are recited here and your findings in relationship to the consistency of those policies and procedures and that's 28.1 through 28.8. 29 that the property can be served by city water and sewer. If the applicant extends line that finding 30 has to do with the finding that Meridian has and is experiencing population increase and their pressures on land previously used for agricultural purposes and development and commercial uses and other uses. 31 is finding with regards to the legal description for annexation and that the applicant's request did not include portions of certain rights-of-way that are recommended to be included in that annexation ordinance and that this is a finding that that should be done as a condition of annexation and you'll probably remember looking at the staff reports that that was part of the staff report and recommendation as to the external boundaries of the proposed annexation. The conclusions of law which are included here are as you can see recitations as to the statutory authority and also city ordinance authority regarding annexation of real property. Again is a conclusion law you're taking judicial notice of your ordinances. Also the authority and responsibility that the city has under the local land use planning act of 1975 is referenced here along with the appropriate code sections and that the city has exercised that responsibility and authority by the adoption of various ordinances that apply to this zoning application and also to the development agreement and the authority that the city has to (End of Tape) Gigray:..then there are certain provision here under the conclusion of law with regards to the city's comprehensive plan that have been identified as having relevance to this particular application and those are contained as you can see through I believe page 19. And then there are definitions of city code as you see starting with conclusion 9 on page 19, legislative authority regarding the ability of the city reference in the local planning act again and conclusion 10 and then there are references here as you can Meridian City Council September 15, 1998 Page 12 see to the various city codes and state ordinances which are consistent with some of those that were included in the recommendation from the Planning and Zoning Commission to the city. And conclusion of law 21 deals with the issue of development agreement. Then I have for your consideration a order of decision which has and of course you have to consider whether or not you're going to approve the Findings of Fact and Conclusions of Law and then this is also for your consideration subsequent to that as to an issue about the applicant preparing an appropriate legal description then the city attorney preparing the appropriate ordinance of annexation and zoning designation and then the third part that the developer enter into a development agreement that provides for specific conditions which are set out in this section in 3.1 through 3.39 inclusive and the directive in part two would be that the attorney prepare and submit the ordinance for annexation after part one and three have been complied with. Corrie: Any further questions of Council? Just for the audience, we have changed law firms here and we got a little different format so we're trying to get acclimated to what we're doing here and we want to make sure everything is correct and we understand what's going on here so it's a little time consuming to you, but we want to make sure that everything is done right and it is and that the council understands it as well. Okay, Council you have the counselor's comments. Is there any further discussion which believe there wasn't. Okay. I will if you are ready to vote, I will entertain a motion on the Findings of Fact and Conclusions of Law as stated. Anderson: Mr. Mayor I make a motion we approve the Findings of Fact and Conclusions of Law request for annexation and zoning of 4.13 acres by Eagle Partners the northwest corner of Eagle Road and Magic View. Bentley: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bentley to accept the Findings of Fact and Conclusions of Law as written. Any further discussion? ROLL CALL VOTE: Bird, abstain. Anderson, yea. Rountree, absent. Bentley, yea. MOTION CARRIED: 2 yea. 1 abstain. 1 absent. Corrie: Counselor do we need to do the order of decision as written as well or does this Gigray: I think that in order to clarify the record to ensure what your action was since that was a motion to approve findings and conclusions there probably should be a separate motion regarding the order and decision. I apologize for probably should have had a break here for that. We'll get that corrected. Meridian City Council September 15, 1998 Page 13 Bentley: Mr. Mayor, for the decision the City of Meridian approves the annexation and zoning of the property and it is concluded that the annexation shall be conditioned upon meeting the requirements of this decision and order. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to accept the annexation shall be conditioned upon meeting the requirements of the decision and order. Any further discussion? All those in favor say aye. MOTION CARRIED: 2 ayes. 1 abstain. 1 absent. Corrie: I need a motion now for the attorney to draw up the annexation and zoning ordinance. Bentley: Mr. Mayor I move we instruct the city attorney to prepare an annexation ordinance for Eagle Partners. Anderson: Second. Corrie: Motion made by Mr. Bentley and second by Mr. Anderson to have the attorney draw up the annexation and zoning ordinance for the Eagle Partnership. All those in favor of the motion say aye. MOTION CARRIED: 2 ayes. Corrie: Counselor do we need to do anything with the development agreement at this time? We don't do we? Gigray: No, it's conditioned on signature by the developer and we will submit that for their consideration. ITEM NO. 6: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE FOR AN APPROVED SIGN ADVERTISING BUSINESS ON PART OF LOT 3 BY AV II LLC — 1650 E. FAIRVIEW AVENUE. Corrie: Council you have the Findings of Fact and Conclusions of Law on the variance request. Do you have any questions? Anderson: I have none. Bird: I have none. Meridian City Council September 15, 1998 Page 14 Bentley: Mr. Mayor I would move that the City Council of the City of Meridian hereby adopts and approves the Findings of Fact and Conclusions of Law. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the Findings of Fact and Conclusions of Law. Any further discussion? Hearing none, vote. ROLL CALL VOTE: Bird, yea. Anderson, yea. Bentley, yea. MOTION CARRIED: All ayes. Corrie: I'll entertain a motion for the order of decision. Bentley: Mr. Mayor the City Council hereby approve the granting of the variance to lot 2 block 1 to erect a sign by AV 11 LLC. yR•"it• - . • •.1 Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the order of decision. Any further discussion? MOTION CARRIED: All ayes. ITEM NO. 7: PUBLIC HEARING: ANNEXATION AND ZONING 36.71 ACRES FOR PROPOSED WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT — EAST OF BLACK CAT / USTICK INTERSECTION AND SOUTH OF USTICK ROAD. ITEM NO. 8: PUBLIC HEARING: PRELIMINARY PLAT FOR PROPOSED WILKINS RANCH AT THE LAKES SUBDIVISION (260 UNITS ON36.71 ACRES) BY STEINER DEVELOPMENT, LLC - EAST OF BLACK CAT / USTICK INTERSECTION AND SOUTH OF USTICK ROAD: ITEM NO. 9: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR PROPOSED WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT, LLC — EAST OF BLACK CAT / USTICK INTERSECTION AND SOUTH OF USTICK ROAD: Corrie: At this time I will open the public hearing and invite the representative from Wilkins Ranch to come forward. STEVE BRADBURY WAS SWORN BY THE CITY ATTORNEY. Meridian City Council September 15, 1998 Page 15 Bradbury: Mr. Mayor, members of the Council I delivered a letter to the Mayor late last week asking that this matter and the next two on your agenda be deferred until the council's next meeting. The primary reason for the request for the deferral is that the developer is continuing to work with the highway district to resolve connections a required connection to the east of this site over the course of the past several months we've had a number of meetings with the staff at the highway district and have floated a number of proposal and ideas past them and have gotten some feedback that seemed positive at certain times and feedback that didn't seem so positive at other times. At the moment, we haven't gotten the connection issue resolved. We're scheduled to meet with the highway district staff in tech review on Friday this week, and our hope is that when we come to you at the next meeting, we'll have that connection issue resolved so that we can present to you what we think is a plat that the highway district can support. What we're trying to do is we're trying to eliminate multiple hearings and meetings if we can help it at all. We haven't always been as successful as we'd like to be on that score, but we've been trying to work something out with those guys and we may or may not. If we don't we maybe looking at a redesign on the plat anyway so it just didn't seem to us that it would be a good use of your time or ours to go through a great deal of public testimony on a plat that may not even be something that you folks will even want to pass on. Corrie: So Steve if I'm correct here, you want to us to table item 7, 8 and 9; is that your request? Bradbury: That's correct. Corrie: We can do that. We'll still have to have an extension of the public hearing. Bird: Can we do all three items Mayor at the same time? Corrie: We have to — I've opened the public hearing. We have to continue the public hearing. We'll go through each one. Gigray: Mr. Mayor with your permission I do see a problem if you are going to continue this indefinitely with regards to what notice might be provided to other property owners. If he wants to continue it to a date certain, and notice is given to the people who are present who might wish to testify in this matter I wouldn't have a problem with that. would advise that if this was going to be tabled indefinitely then I think notice should be given at the time it was brought off the table for public hearing. Bradbury: Mayor our intention was to ask that it be set for your next meeting which I think is October 6th. We think we can have that resolved by then and if not , we'll let you know. Meridian City Council September 15, 1998 Page 16 Corrie: Okay. Thank you Steve. Is there anyone else from the public who would like to issue testimony on item number 7? FRANK JOHNSON WAS SWORN BY THE CITY ATTORNEY. Johnson: Mr. Mayor I'm Frank Johnson and I live at 4010 W. Ustick Road which is directly across from this and I have 2,000 foot of irrigation pipe and cement ditch that goes through this parcel of ground and I've never seen anything addressed to that yet. And so if I have to I'll stop it until I get something in writing. I have a grandfather's right about 1880 some with my water going through that place so I think it ought to take precedent over other things. Corrie: Then you are asking that we address that particular thing. Johnson: Yes. Corrie: Okay, I agree. Anyone else from the public who would like to issue testimony at this time? LOYLE EDWARD PUMPHREY WAS SWORN BY THE CITY ATTORNEY. Pumphrey: I live in Ashford Greens which is adjacent to this proposed new development and I would like to comment and show my displeasure. My wife and I moved here to Idaho from California and the reason we moved was two fold. We liked the Idaho area. We don't like California any longer because of the congestion of population, of automobiles and housing which includes apartments and townhouses. We bought a place in Ashford Greens on Cherry Lane Golf Course. It's a nice place and it will be the last place that we'll live in hopefully. We look across the green of the fairway and eventually hope that another home of equal value and appearance will sit across the way so we'll have something to look at as well as the country side. We live in an urban area and we love it, but now we're faced with the possibility of a subdivision, a development coming in that is extremely high density. I don't understand why high density would want to come into a urban area. We have other developments across from Black Cat Road and you're well aware of other developments within Meridian. Along the Cherry Lane Golf Course we have many beautiful and expensive homes ranging up into the $300,000 and to look across the fairway at a solid block of townhouses, doesn't appeal to me and I'm sure wouldn't appeal to anybody else that would like to buy a home in such an area. I'm sure you've already looked at the aspects of high density from the standpoint of fire, and the fire department and the police department, the school system, waste disposal and what have you. It just doesn't seem to me that it would be right to approve high density in the area where we live. That's all I have to say. Thank you. Meridian City Council September 15, 1998 Page 17 Corrie: Thank you very much. Anyone else from the public who would like to at this time. DAVID ZAREMBA WAS SWORN BY THE CITY ATTORNEY. Zaremba: First off I would like to second everything Mr. Pumphrey has just said. I live in Ashford Greens as well, moved there five days ago. Therefore I would not appear on the list of owners that need to be notified, but I am well within 300 feet of this project. If you need my address I'll happily give that. I too would like to speak to this unusually high density being placed at the far borders of your fine city. I am thrilled to have been moving to Meridian. This is the fourth time I have moved to a city that is experiencing explosive growth. From my five days here you appear to be handling it extremely well and I'm very happy to be here. However, I'm also a transportation consultant and make a study of roads and densities and things like that in other aspects of my business. To have a project of this density and if I am counting right, we're talking about 7 units per acre or more that's not counting roads that also have to be within those acres and other facilities. As Mr. Pumphrey has mentioned, the pressure that that puts on schools, fire, police, roads to have that kind of density again I say at the borders of your city where services are often not quite as available I'm well aware is a very difficult thing to deal with. I suppose I should reserve further comment until I actually see the plats that they are planning to propose and I will be back on the 6t", but I just wanted to state that I'm sure as you all are those things do need to be though about. Thank you very much. Corrie: Anyone else from the public like to issue testimony at this time? Hearing none, Council, I am going to request that we continue the public hearing until October the 6th Is there any discussion on that? Bird: I make a motion that we continue this public hearing until October 6t", 1998. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to continue the public hearing until October 6, 1998. Any further discussion? Gigray: Mr. Mayor just a point of clarification. And I assume that motion would mean item 7, 8 and 9 that is on the agenda which was all of these applications? Corrie: Can we do that since we are public hearings can we do it all at one time or shall we each one have to be done separately? Gigray: The motion is for all three, is that correct? Meridian City Council September 15, 1998 Page 18 Bird: No, the motion was just for one. They told me that's all I could. I would change my motion if he would pull a second and do all three if we — Bentley: Can we do all three? Or do they have to each individual public hearing be opened? Gigray: I think we should ask the individuals that have testified if they are here to testify specifically to any of the other agenda items or they felt they were addressing all three items. Corrie: Let me ask the ones here, is there anybody here that had testimony for 7, 8 anc 9 or any continuation of those? Then hearing none, we can still have the public hearing on all those and notice it will be a public hearing. Bird: So I can — Bentley: I'll withdraw my second. Bird: I'd like to change the motion. I'd like to continue items number 7, 8 and 9 which are public hearings for annexation and zoning, preliminary plat and conditional use permit for Wilkins Ranch at the Lakes by Steiner Corporation until October 6, 1998. Bentley: Second. Corrie: Motion is made by Mr. Bird second by Mr. Bentley to continue the public hearing on items number 7, 8, and 9 which includes the annexation and zoning, preliminary plat and conditional use permit for Wilkins Ranch at the Lakes Subdivision. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 10: DEVELOPMENT AGREEMENT FOR STERLING CREEK SUBDIVISION: Corrie: At this time Council I did receive a letter from the attorney in regards to this Sterling Subdivision. The attorney is Fred Shoemaker and he's here tonight. I would like to make sure that you all had that and put that in the record that we did receive that letter. At this time I would like to ask Mr. Gigray if he would make his comment to the Council. Gigray: Thank you Mr. Mayor, members of the Council, I have reviewed a letter which is addressed to you dated August 28th 1998 referencing the Sterling Creek Subdivision and it references the file number and it was addressed to you by Mr. Fred Shoemaker on behalf of Bill and Lucy Leavell. The long and short of this particular letter is I believe Meridian City Council September 15, 1998 Page 19 there's a motion contained at the end of that letter which references that the Council not approve the development agreement now scheduled which was I think previously may have been scheduled for the 1St of September and to return developer's request for rezoning and annexation and any other administrative proceedings which it is seeking which requires a hearing the Planning and Zoning Commission for further review. The basis for this motion is that as stated in the letter that his clients did not receive notice of the public hearings on the basis that they mailing was to a correct address in the wrong city that it was addressed to Meridian and should have been addressed to Boise. It is my opinion and my recommendation to the council with regards to this matter that the Council should schedule this for a hearing on this motion. I believe the developer should have an opportunity to respond to this motion. Mr. Shoemaker and his clients have the ability to argue their motion. I believe that it's a serious motion that demands attention. I think it's important not only to Mr. Shoemaker's clients but also the developer and the city that this matter be fully addressed and at that point in time they could address those motions and then the council could decide from a procedural standpoint how it wishes to proceed. Corrie: Council any questions? We want to definitely schedule a hearing then at their request. Do we schedule that hearing at a council meeting or a special meeting? Gigray: I think we could do it at either time. Your choice giving them reasonable notice. I would also recommend that you authorize the clerk's office and we'll provide assistance that we would send out a notice to the affected parties of the purpose and intent of this particular hearing so that they are advised. Corrie: Would October 20th be enough time for — Mr. Shoemaker would that give you enough time? October the 20th for hearing? Okay, thank you. Bird: I move that we table this development agreement with Sterling Creek Subdivision until October 20th 1998 and the interested parties know and inviting that. Anderson: Second. Corrie: Motion made by Mr. Bird and second by Mr. Anderson to schedule a hearing on October 20th to discuss the Sterling Creek approval of the development agreement and their areas of concern. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 11: APPOINTMENT OF THE HUMAN RESOURCE DIRECTOR BY MAYOR: Meridian City Council September 15, 1998 Page 20 Corrie: At this time I would like to thank Pauline for being here and her husband's parents are here this evening to hear this. At this time I would time to appoint Pauline Skeggs as Human Resource Director to be effective October 1 St, 1998. Bird: I move that we appoint Pauline Skeggs as the Human Resource Director effective October 1st, 1998. Anderson: Second. Corrie: Motion made by Mr. Bird second by Mr. Anderson to approve the appointment of the Human Resource Director by the Mayor Pauline Skeggs. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. (Inaudible — off the microphone) GARY SMITH: A. BIOSOLIDS DEWATERING — ENGINEERING AGREEMENT. Smith: Thank you Mr. Mayor, Council members, the first item I have on my department reports is the biosolids dewatering project. I think you have hopefully my memo in front of you that outlines what this request is concerning. Some time ago we entered into a design study report with Carolla Engineers for the biosolids dewatering project at the wastewater plant. They've completed that report and now we are at the point where we want to enter into a design agreement with them and that's outlined as task order number 2. Task order number 3 would be the construction management of that project once it is bid and the contract is awarded for construction. Corrie: Any questions Council? Bird: Mr. Mayor I make a motion that we enter into this biosolids dewatering project and for the Mayor to sign and the Clerk to attest I guess. Bentley: Second. Bird: Do we need a number on there? Do we need a — let me ask you a dumb question after I made the motion. This is real — do we need to do it in both orders? We got task order number 2. Or can we combine both of them? Meridian City Council September 15, 1998 Page 21 Gigray: I think you can combine motions as long as it's agreed and second and the record is clear what you are doing. Bird: Mr. Mayor he withdrew his second. I'll withdraw my motion and restate it please. I move that we enter into an agreement on task order number 2 which is the dewatering facilities, time and material not to exceed $136,180 without owner written consent and also task order number three which is the construction management and its time and material and not to exceed $45,324.00 without owner consent. Bentley: Second. Corrie: Motion as stated by Mr. Bird and second by Mr. Bentley. Is there any discussion on the motion? Bentley: That was also to authorize the Mayor Bird: Yeah the Mayor to sign and the Clerk to attest. Corrie: Hearing no further discussion, all those in favor of the motion say aye. MOTION CARRIED: All ayes. B. CHANGE ORDER FOR TULLY PARK: Gary: The second item on the agenda is the change order for Tully Park. I did not receive documentation. Unless you have it. It was uncertain at the time that this was placed on the agenda as whether we would receive the documentation that was necessary from the contractor and we did not receive it so I don't whether the procedure is to pull this from the agenda or table it or what. Bentley: Question, Gary is this something that's going to stop progress? Smith: No, sir. Bentley: Okay, thank you. Smith: A lot of them were clean up items, minor changes, kind of accumulation of things that have been going on over the length of the project. Anderson: Are we about done with the change orders? Smith: Yes, a preliminary punch list has been issued for the project to all numerous small things, some not so small but mostly small that need to be fixed. So there is a Meridian City Council September 15, 1998 Page 22 preliminary punch list out so I'd say that the change orders are — I think the biggest issue on this one had to do with the disking of the property in order to get the weeds down after they had been delayed and couldn't do the work that they wanted to do and some of it had to do with the weather and some of it had to do with delays. Bentley: You mean those aren't trees growing out there and bushes? Smith: No, sir they are not. Bird: That's okay, we've got weeds over in our tree bed. Smith: Is there any formal action that needs to be taken on that? Gigray: If it's something that you need on the agenda to be there, you could table it to a day certain. If you table it, it just comes off and somebody has to move to put it back on. Bird: You want it tabled Gary? Smith: Yes, sir. Bird: Mr. Mayor, I move that we table until October 6th the change order for Tully Park. Bentley: Second. Corrie: Further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. C. PUMP / PUMPHOUSE BID AT WELL #19: Smith: Bids were open on September 10th. We had two bidders. Turnkey Incorporated from Ontario, Oregon bid $187,630. Irminger Construction from Boise, Idaho bid $138,364. Both bids were responsive to all requirements. The figures have been checked. I talked to Irminger Construction. They don't have a problem with their bid even with the spread that's shown between the two and they are ready to proceed with the project. We did not have an engineer's estimate. Irminger built pump house number 17, and that bid was somewhere around $160,000, but we had several thousand feet of bypass piping that was also included in that project so that was a significant difference. So based on that I would request your approval of this bid and award to Irmininger Construction Inc. from Boise, Idaho in the amount of $138,364.00. Meridian City Council September 15, 1998 Page 23 Bird: I move that we accept Irminger Construction Inc. in the amount of $138,364 for the pump and pump house at well number 19 and authorize the Mayor to sign and the city clerk to attest. Anderson: Second. Corrie: Motion made by Mr. Bird second by Mr. Anderson to accept the pump and pump house bid $138,364, the Mayor to sign and the City Clerk to attest. Further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. Smith: Do you have any questions of me on any public works projects that I can answer? Anderson: I have one. You were going to check at the last meeting about how we went about awarding who takes the sludge. Smith: I had John Shawcroft do a little research on that, and this is the information that he provided to me. (Inaudible) He also stated that some of the research that they had done with Farm Bureau that the typical farm income is approximately $400 per acre and we're leasing 64 acres from these folks. We have access to the property 7 days a week 24 hours a day whereas we don't have that access for the other farm ground where we put the biosolids. That access is based on weather, based on crop, based on whether or not animals are on the property so we're a little bit at the farmer's operations. This is within a five mile radius of our plant and this was a suggestion recommendation from the manufacturer of our sledge truck applicator. Last year we leased 40 acres at $15,500 and the prior we leased 20 acres at $8,000. Both of those acreages were too small. Once we get this dewatering project constructed, we won't have this lease. We'd be able to take care of everything on site. Because the amount of water we'll be able to reduce the material come out of the centrifuges will be — we can haul it off in a dump truck. It has that kind of moisture to it. Right now we have I think it's 8% solid is all so it's very liquid. Does that help? Anderson: Yeah, that answers how you arrived at the funding formula. It didn't answer my question I guess about in fairness I'm trying to figure out do we advertise to all the farmers within five miles to — if they are interested in doing this or we just look at who has the largest piece of land then we go out and contact them and see if they are interested in taking this sledge. Smith: I don't know exactly how his contacts work on that. I know that we leased from James last year. The 40 acres was from James. I'm not even sure that this is the same piece of property or if part of it is the 40 acres. Meridian City Council September 15, 1998 Page 24 Anderson: But this will go away next year you say or after the dewatering? And how long is the dewatering project take? That be done in the next year? Smith: No, it won't be completed next year. We'll have the design and the approval process — Bird: 18 months wasn't it Gary? Smith: I was just going to see if I could find this — Anderson: So roughly within a couple of years that we won't be doing it. Smith: We'd have the design, the procurement documents to buy the equipment will be done if 45 days followings those to proceed. The final design through bidding will be completed in 180 days, which would be six months so we're 7'/z months out to getting a bid or a contract for the construction of it. We would be started this fiscal year so we would start in 99 the construction would carry over into probably 2000. (Inaudible) Anderson: Thank you. Smith: I'm sure that the distance between the plant and the property I don't know how many acreages are within that five mile radius of this size that they decided that they needed, and I assume that they talked to James because they had done business with him last year. I don't know. (Inaudible) Smith: He's just exactly due west of the plant. I think we even accessed his property from the plant. I can as soon as John gets back from vacation next week, I can pursue it a little farther and see who he contacted. Anderson: I don't know whether this would become an issue or not, but I mean cities in all fairness everything we do we put out for bids whether we're buying something or we're selling something or whatever. In this case it just seems like we go out and select an individual and say we'll pay you "x" amount of money to dump this here. Am I off base on how we're doing this? Smith: No, sir. I wouldn't say off base. I think anytime we're over $5,000 in expenditures, we're suppose to get three estimates from different vendors. We don't Meridian City Council September 15, 1998 Page 25 have to go out for formal bid unless we're going more than $25,000. I'll find out from John who he contacted if anybody else. Anderson: You know as long as this is a short term deal and it's going to end in a couple of years but if it was going to go on indefinitely I would say we probably ought to look at how we award that to people and try to figure out a equitable way so that other people who maybe interested in this five mile area and have the facilities could actually bid on taking this too. Smith: I know that John did say that this is fallow ground and I don't know that there's a lot of fallow ground out there in this large of a parcel, but again I'm not positive of that, but I know that was a consideration that it was available. It wasn't be planned for crops or anything else. Anderson: Okay, thanks. Bentley: Gary I got a question for you. Glennfield 9, do you have any trouble with the well water out there? I've got some people out there telling me that it's smelling and tasting sulfur and I live out there. I didn't notice it. Smith: Glennfield well number 15 which is on Linder Road south of Cherry Lane is probably supplying the water to that area. We have had some sulfide in the water. The sulfur odor and we have a chlorinator in the pump house that we're chlorinating the water in order to combat the odor, and it seems to be a continual adjustment process of how much chlorine is injected into the water depending upon how much use the well is getting and how much water is being pumped into the system at particular places. We're getting some problems with subdivisions that have dead end lines. You know phases of subdivision where we aren't looped through and so we're having to do a lot of flushing in those lines in order to clear that problem, but we've had to change I guess no matter what we tried to do with the water quality we've run into some characteristic of a water that is objectionable. In Boise for example, most of their wells have an iron and manganese problem so they have a staining problem. Iron also causes an odor problem and a taste problem. We haven't had iron and manganese problems in Meridian at all and the hydro -geologist that works in Boise doesn't understand why because we're just downstream in their aquifer but we haven't had that problem. We have had problems in our shallower wells with really hard water, high total dissolved solids, not a good tasting water so we went to a deeper aquifer and drilled down into 600 700 foot depths to get into another aquifer through a thicker clay layer. A water quality in our minds improved tremendously. Softer water, dissolved solids very low, but we ran into some sulfite. And that's what we're having to combat that one good thing about that is that we can combat it. We can treat the water. We don't want to put anymore material into the water than we absolutely have to because seems like any time you add something, there's some kind of counter process that takes places. Meridian City Council September 15, 1998 Page 26 Bentley: I'll let them know then. Thank you. Smith: Anything else? Our tank bid is September 29th. The well out there on the tank site should be finished by the end of the month, well number 20. They've got it drilled to depth and they should be getting ready to put the casing in or have put the casing in by now. And then develop it and clean it up so we're looking forward to the end of September when we'll have those two projects done. I���u�►[��i[c3i�1►1����►GI_1�111�L��u1�►�M Bowers: Mayor Corrie and Council I believe our ordinance states that anything over $500 on a line item we need to (End of Tape) Bowers: ... I can start over sure. As you know anything over $500 by ordinance states that I come in front of the Mayor and the Council to get permission to shift some funds around from line item to line item. As you know we have went over on our attorney fees because of our fact finding for the union contract and also the second line item was our vehicle maintenance and repair work that we had to repair the diesel motor and the rear end on one of our trucks. I didn't know if you guys had any other questions or any suggestions. Corrie: Any questions transferring account numbers he has it stated here? Anderson: Mr. Mayor I make a motion we approve the account transfers on the fire department budget as outlined on the form provided by Chief Bowers. Bird: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the line item transfers as stated on the form here in the amount of $12,700.00. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Okay, Mr. Berg this is going to be administration. Just so the Council knows my hearing is getting worse than yours Mr. Bird and I'm going to sit in the middle from now on and move Charlie and these guys down one so I can hear you better. Berg: Thank you Mr. Mayor and members of the Council, in your box was another line item adjustment that my department is requesting. It deals with one account which was for recording fees which we do not have to pay recording fees this year which made some funds that I did not use but fortunately or unfortunately because of situations in Meridian City Council September 15, 1998 Page 27 my department when we transferred the treasurer to the administration department, there was some extra expenses incurred as office expenses, office supplies. There is also an increase of audit services and fortunately or unfortunately the new software we're getting some of that we're getting before the end of the fiscal year so I needed to readjust and transfer some funds to those appropriate areas. Hopefully you can read my handwriting and if you have any questions to any of those, I'd be more than happy to answer them. Bird: $20,000 total adjustment Will. Berg: Yes. Bentley: You've got down computers. Have we bought new computers yet or is that to be done? Last item. Berg: Just the account number that says computers and services? We had a line item in there to purchase some computers and to update some. We are or we have done that. In fact we did just get through purchasing one more to update Janice's department to handle the software. We're probably not finished, but we are gradually incorporating that in some of the funds from next year's budget was also to do some upgrading. Bentley: Right we had discussed as a council that we need to probably take an inventory on how many new computers were needed and try to purchase them at one time so we can possibly get a discount on the prices. That was all I was concerned with that the future purchases we try to buy them in block. Berg: Sure I understand that. That's a very good idea. We are looking at the computers that are in the attorney's department to possibly trade or switch with them and some of the computers that are used by the MUBS aren't adequate to handle the new software either, so we're looking at several different options before just purchasing maybe trading what we have and gradually upgrading some. Bird: I make a motion that we have this transfer within the administration department as noted on this second page to the tune of $28,000. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve the transfer of funds from one account to the other as stated on the forms in the amount of $28,000. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Meridian City Council September 15, 1998 Page 28 Berg: Thank you Mayor and Council. Corrie: Okay that ends the agenda portion. I would like to have a very quick Executive Session if we can. Gigray: Mr. Mayor sorry to interrupt. Since we're under department reports could I distribute to the members of the Council a proposed joint exercise of power agreement with the Rural Fire District. We concluded those negotiations finally today on some minor changes that were going back and forth. I've been advised by Mr. Fitzgerald who represents the Rural Fire District that they will be prepared to sign these and they recommend possibly even considering the setting of a joint meeting with the commission to sign or authorize the signature of the agreement. There was one issue which we have reach an understanding. I think that the agreement provides for the city's position adequately and that has to do with the fact that the city assumes responsibility with wage for the employees of the fire department commencing in this next fiscal year of 98 and 99, but not prior years. There is an item I understand left for negotiation with the union that references potentially wages that would have been payable in prior fiscal years in 97 98. That has not been determined yet. They have agreed that the agreement provides and that they would be on the line to pay their share of those costs and how we will evidence that will be as an item reference in their billing that this is a contingent liability that will not be billed until it is determined that it's due and payable and they're willing to do that. So if I could I could distribute them and then you would have them and you can look them over and then you can determine at what point you want to enter into the agreement. It does provide that the agreement would take effect October 1 so we would want to act fairly quickly and Ron has done an excellent job as a point person on behalf of the council and this negotiations and Kenny has been very integral in all this and I think that it's been a cooperative effort. And think the agreement that we have originally drafted is in tact. Corrie: Yeah, I think it would be a good idea to distribute those. Bentley: Mr. Mayor Council was discussing beforehand the possibility of holding our work session on the 22nd to coincide with the accountants coming in and talk to us a little bit. The accountant would like to get in and out. It is his anniversary, so who is going to contact Charlie? Was he going to call Charlie or were you going to call Charlie tomorrow on the 22nd availability? I though he said he was going to call him. I just want to make sure Charlie is notified to see if he's free, so we could set that up and have it at 6:30 and if need be we could possibly schedule review and do this agreement since we want to have it in place by October 1St Corrie: Does that require public involvement at all or can we do it at that point? Meridian City Council September 15, 1998 Page 29 Gigray: You can do it at that point as long as you give notice on the open meeting that's all. Corrie: Can you do that in time for the 22nd Berg: Yes, I can get that taken care. You're looking at a workshop first and then a regular special meeting so you can make a decision. Bentley: Right do the workshop, have the accountants talk to us. We can go into a regular meeting, handle this and then go back into the workshop. I don't know what Charlie has got in mind for the workshop. Berg: I'm not positive either, but I will leave a message on his recorder. If not and then at least a phone number for the accountant — Bentley: Yeah, we need to make sure he's available so that the accountants don't come in without everybody here, because I think everybody was talking they prefer to have it the 22nd (Inaudible) Bentley: Mr. Mayor did you request an Executive Session? Corrie: Please. Bentley: So moved. Bird: Second. Corrie: Motion made and second for the Executive Session. All those in favor of the motion say aye. MOTION CARRIED: All ayes. EXECUTIVE SESSION Corrie: Okay, I'll entertain a motion to come out of Executive Session. Bird: Mr. Mayor I move that we come out of the Executive Session. Bentley: Second. Meridian City Council September 15, 1998 Page 30 Corrie: Motion made and second to come out of the Executive Session. All those in favor say aye. MOTION CARRIED: All ayes. Corrie: We are out of Executive Session discussing personnel matters. No decisions are made accordingly. I will entertain a motion to call the city council meeting. Bird: Mr. Mayor I move that we adjourn the city council meeting. Bentley: Second. Corrie: Motion made and second that we adjourn the city council meeting at 10:20 p.m. All those in favor say aye. MOTION CARRIED: All ayes. ►ail'��V[el_\�11L�1�1:�►1��l;�li[�>���lau� (TAPE ON FILE OF THESE PROCEEDINGS.) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK