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HomeMy WebLinkAbout1999 08-03MERIDIAN CITY COUNCIL MEETING AUGUST 3, 1999 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on August 3, 1999 by Mayor Corrie. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree. OTHERS PRESENT: Mayor Bob Corrie, Will Berg, Steve Rutherford, Bill Gordon, Gary Smith, Tom Kuntz, Shari Stiles, Thomas Barbeiro. Corrie: I'm going to open the Meridian City Council meeting at 6:30 p.m. to go into a special executive session according to Idaho Code 67-2345(b) and I'll entertain a motion to do that. Rountree: Mr. Mayor I move that we go into an executive session subject to State Code 67-2345(b). Bird: Second. Corrie: Motion made and second that we go into a special executive session according to code. Any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES. (EXECUTIVE SESSION) Corrie: We're coming back from executive session. No decisions and no finalization were made at that executive session. So 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. Corrie: Motion made and second to come out of executive session. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: I've already opened the regular meeting for Tuesday, August 3, 1999. First off I would like to welcome all of you out here this evening for coming out for the meeting. Council, you have in front of you the consent agenda A and B. Is there any discussions on either one of those? Hearing none, I'll entertain a motion for the consent agenda. Rountree: Mr. Mayor I move that we approve the consent agenda. Bird: Second. Corrie: Motion made and second to approve the consent agenda A and B. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: I want to thank Linda for being here this evening to help us with the agenda from the City Clerk's office. Meridian City Council Meeting August 3, 1999 Page 2 1. ORDIN ANCE # - FULL TIME MAYOR Corrie: Linda, what would that ordinance number be? Do you have any idea? Kesting: No, sir. Corrie: Do you have it in the back of the book there? I've got one on my desk. Bird: It should be about 843. Rountree: Linda will learn the ropes over here. Corrie: Okay, it will be Ordinance #834. This is an ordinance of the City of Meridian, Idaho amending subsection one and two and providing for a new subsection three and renumerating the subsections thereafter providing that the duties of the office of Mayor be a full time position providing that the Mayor is the Chief administrative official of the city and shall preside over meetings of the City Council and determine the order of business subject to the rules of the Council and have superintendent control over all officers and affairs of the city, preserve order and take care of the ordinances of the city and provisions of the Idaho State law governing the municipal corporations are complied with and providing in the renumerated subsection 4.5 and 6.A change of the word he to the word the Mayor and all sections three of chapter six of title one Meridian City Code and providing for an effective date. Is there anyone from the audience who would like to have Ordinance #834 read in its entirety? Rountree: Mr. Mayor just a point of clarification. Linda has run down the tracking list and this ordinance were to pass would be 835. Corrie: 835, okay. I stand corrected. Ordinance #835. Council discussion? Rountree: Mr. Mayor just to get it rolling we did have our workshop open house with the public on this particular issue. We've received the Mayor's opinion. We also received an opinion from the Chamber as it relates to this from a government affairs committee. Having received that information and not knowing which way we were going to go, I ask Bill Gigray to draft an ordinance related to a full time Mayor probably three weeks ago so that we would have something to discuss and what he has done is he has prepared that ordinance. The ordinance seems to be consistent with language in the state code, so I guess the issue before us is do we or do we not want to enact a new ordinance and in doing so create a full time Mayor. That's something I've struggled with probably for no fewer than six months. I've been all the way around the circle on it. At this time at least my position would be not terribly inconsistent if not totally consistent with the recommendation that we got somewhat from the citizens and yet again reinforced by the Chamber of Commerce in their letter to the city and that would be to retain a part time Mayor administrator with a full time city administrator position that would be supervised by the Mayor yet would have the day to day administrative responsibility across departments to provide continuity and consistency allowing the Mayor the opportunity to do the out of city all duties that have been felt necessary yet still provide a Meridian City Council Meeting August 3, 1999 Page 3 full time administrative base for the city. So to open up the discussion that's where I'm coming from right now unless somebody can convince me otherwise. Bird: Mr. Mayor, I am along the lines of Charlie like he said. We've been tossing this around for about six months and weighing both ways at this time I feel that with a full time administrator financial director whatever you know that would run the day to day that would leave the Mayor free of having to do that and then he could go out and attract the business that we would like to come here or take care of as they say the shaking hands and kissing the babies for the City of Meridian. Right now that's the way I would lean. I would like to see us get a full time administrator and with our budget restraints this year, I don't think we could afford to put a full time administrator financial guy on and a full time Mayor. Because I'm not for putting the Mayor a small salary if we do put on a full time Mayor. Rountree: Mr. Mayor I just want to take an opportunity to take exception to Keith's reflection on the Mayor. I think certainly public relations is a key part of the Mayor, but it goes way beyond being trivialized. I think in any capacity it's an important aspect for the city. Bentley: Mr. Mayor, I too sat through those hearings and somehow I didn't get the same impression from the public that they were looking to go with the city manager form of government. I felt that their approach was more towards the full time Mayor, and I'm inclined — I'm not inclined, my feeling is that the Mayor's position does warrant full time. You check with the surrounding cities, the cities of our size they've got full time Mayors. The work is here and I will disagree on the wages. The wages — the money is available in the budget. It can be made available in the budget, and I feel it's time the city had a full time Mayor. We're not here to opt on a city manager form of government. That takes the vote of the people. I think the motion should be to enact this ordinance and provide the city with a full time Mayor. Bird: Mr. Mayor, Glenn we're not talking about a city manager type of government. We're talking about hiring a city financial administrator that would run the day to day, not a city manager. That was my thinking at least. I don't know what Councilman Rountree's was. Bentley: Thank you. Rountree: Mr. Mayor, two points Glenn. One I don't think we're talking about wages, and however we go and however we stay we probably need to take a look at their wages, and Keith is right. I'm not indicating a city manager form of government. I think it's the same form of government we have now. It's a form of government or an organization that's pretty common in cities in Idaho. Post Falls, probably Caldwell is similar, you know I can't give you a list of all of them. Who? CourdeAlane is the same size if not — actually they are probably bigger than we are. Mayor is still as recognized by state code really all the administrator is that's a full time person here that's responsible for the administration of and guidance to department heads when they need Meridian City Council Meeting August 3, 1999 Page 4 guidance when the Mayor is not here. That person would work for the Mayor. I know that didn't change your mind, but that's what I meant. Rutherford: Mayor, members of the Council, I've done some looking into this. I see your option as three fold. The existing ordinance if you were to do nothing does not disallow the Mayor to be a full time position. Although at his present salary obviously there's not much incentive for putting in a full time day's work, but the present ordinance essentially allows the Mayor to devote whatever time is necessary to efficiently and faithfully discharge his duties, so if you do nothing you can adjust the salary accordingly. That's one option. The option that you have in front of you tonight of course is pass a whole new ordinance to allow for a full time Mayor. Now some other information that I'm hearing is some interest in a city planner administrator situation. Idaho Code does allow for that type of situation to occur. It's Idaho Code 50-801 through 813. And this is referred to as the Council manager plan. The code has specific requirements for that. Mr. Gigray and I went through this yesterday, and I think it behoove the City Council if they were interested in going that way to have our office, Mr. Gigray or myself, draft up a memo that would tell you exactly what needed to be done in a step by step process. At a minimum this is a 130 day process probably more given that this is an election year. If we wanted to go to the city manager type plan under the code, it couldn't happen this year. Rountree: Mr. Mayor I hate to repeat myself. I've read that section of the state code and that's not what I intend. I intend to continue on the way we are which is already established state code with the city having a Mayor executing the time and duties that needs to do the Mayor, but the city hiring an administrator that works for the Mayor to do the day to day administrative duties. Bird: Mr. Mayor, I also have read that code. We're not talking about a city manager. Basically we can just go on like our ordinance is right now just drops this how we got the Mayor as a part time and then as a Council and Mayor we can hire an administrator, put in a resolution or an ordinance to do that. Corrie: You can put it in there, but the Mayor doesn't have to hire him. Go ahead, you've got some comments to make. I think we've heard from three of them. Let's hear your comments before I make mine. Anderson: I too was one of the original ones that wanted to explore the idea of whether the public would maybe interested in a city manager form of government or the current type of city government that we had, and it was very apparent to me that they liked what we had, and so I'm not going to be the bad guy to try to introduce something different there. I do agree that this city has grown tremendously and that there is probably sufficient enough work for a full time Mayor as well as a full time administrative assistant for the Mayor. I have reservations about implementing both those positions in the same year just due to the cost and would probably be more favorable to doing one or the other at this point. Meridian City Council Meeting August 3, 1999 Page 5 Corrie: So what are you thinking? Rountree: He's on the fence it sounds like. Anderson: I'm right on the ridge just depends on which one of you guys shoves me the hardest I guess. I don't know. Corrie: Okay, let me put my two cents in here. In 1992 when I became a Councilman, one of the main issues of the City of Meridian was growth. At that time having worked with a part time Mayor, he mentioned several times to me that towards the last that he felt that it should be a full time position that consequentially he was not going to run again. Then in 1996 growth was still a big issue in Meridian only more so. I think in 1992 there was about 11,000 people in Meridian and all depending on what survey you have it's either 36,000 or 38,000. 1 would anticipate that in four years, it's going to be close to 50,000. When I became Mayor I told the constituents that I was going to put in full time whether it was part time or full time made by the Council's decision. At that time the Council did not for whatever reason decided it should not be full time and I made it full time because I felt that I made a commitment to the people and I'm going to make it again this time a commitment regardless of what the Council does tonight, if I'm re-elected it's going to be full time because I feel it's necessary to have a city leader and a Mayor to be full time. The people in the community look at the Mayor as the leader of the community. The people have told you that in a public meeting, they've told me that over the phone, they've talked to me many times in the public and I've told the City Council the very same thing. I feel that it should be a full time because there's a lot of things that the Mayor needs to be at. If it's a part time Mayor he probably or she as the case may be will have a full time job. In order to have his own family fed and take in those considerations. When it comes down to the point where he needs to do more for the city or more for his job, everybody here knows what it's going to be. It's going to be the job is going to come first because that's his livelihood. Now I hope that all of you have listened to the public because the majority of them said they wanted a full time Mayor and then have somebody help him with the work as needed. The law is very plain that the Mayor is the administrator and the superintendent of the city. Now if you appropriate money to have an administrator, that's all good and fine, but the Mayor does not have to hire that person. He doesn't have to do that and you can't hire him as the Council either. Now I think that the Mayor must spend an adequate time in the office. He has a lot of phone calls, he has people coming into the office, he works with the APA, ACHD, department head meetings all the time, he works with ITD, Treasure Valley Transit Authority, there's many commissions that he sits on and he has to do that for his own job for the city and do the job for the city. I don't think a part time person has that time. The Mayor is a representative of the people and of the city. He's there all the time and he should be. One of the other things is the Mayor maybe part time, but he also has to keep up all the time and what's happening with the city with the Council because there's few times that it's happened even as you said here that's come to two and two ties. He must be knowledgeable of what's going on all the time. I'm not saying a part time Mayor couldn't do that, but a full time Mayor spends the time with the people Meridian City Council Meeting August 3, 1999 Page 6 and what's going on. Also the Mayor sets an example for the employees, he meets with them. I meet with them practically every day. We have special meetings twice a month, department heads and that helps the employees. I'm sure it does, they told me it does and it sets a leadership to the department heads. So I'm still saying that the Mayor should be a full time position. Now if the people of Meridian think the same way and like me in November, they're still going to get a full time Mayor regardless of what is on an ordinance or anything else and I really feel that we're going forward, we're moving along. Don't go backwards and that's what can happen if you do a part time Mayor, and I think the city should be pro active and not reactive. I've said my piece. You know how I feel. I've told you many times. I think the public has told you so now it's up to you whatever you do. Bentley: Mr. Mayor, one other point and maybe this will push Ron over the edge. I don't know. Change in Mayor's position can only be done every two years at election time. Hiring a new employee can be done at any time. And with that I would make the motion that we pass the ordinance #835 with suspension of rules. Anderson: I will second it just to see where it goes here and get some discussion. Corrie: Ordinance #835 is proposed with the suspension of rules, a second has been given. Is there further discussion? Anderson: I had a question I guess this would be more of legal counsel, but if this vote does end up in a two, two tonight, it seems appropriate to me to have the Mayor to vote to break the tie on something like this. How does that work? Rountree: He can't. Rutherford: The Mayor — actually at this point I could tell you I really don't know, but know for sure that the Mayor doesn't break the tie. I'm not sure where that leaves us, stale mate, so let's not have a two, two tie. Rountree: Mr. Mayor, a couple of things by way of discussion that lead me to the position that I'm at and a couple of comments. One you indicated that a past Mayor indicated that it needed to be a full time position and I have to make the assumption that it's our newly appointed county commissioner, yet he testified in our workshop that he still felt that it could be run on a part time basis or less than a full time basis. The other point is that I don't know how fine you want to analyze what we heard during that workshop, but I guess my observation as I stated the first time was that what we have seems to be working and it's okay. Whether the Statesman is in any way or anything you want to base a position on, their analysis indicated that the public supported that it be part time. But you know that's what I read. But that's — I'm just stating that's what read. When I heard the public comment at the workshop process, that was the general impression I was left with. I guess the last point is if by ordinance the city chooses to make this a full time position I believe candidates in the community and good candidates in the community that could retain their job yet still serve as Mayor of the city and do a good job would not be inclined to enter the race, and I feel strongly that we Meridian City Council Meeting August 3, 1999 Page 7 need people in the community to feel like they can be part of the government, and if it's a full time and full time salary, you're turning it into a full time job and you're only going to get those candidates that can afford to live on that or that may be less than the quality of candidate that you want in the position that can live on that amount. Having said that, more discussion. Corrie: Okay, the Statesman today did a retraction. That was not what the public said in the meeting. I don't know where you heard it or why you thought that, but the majority was that they wanted a full time Mayor. Now — Rountree: We're not going to debate that issue, Mr. Mayor. I disagree with that. Corrie: I'm not debating it. I'm just telling you what's in the paper. As far as whether it's a full time Mayor or part time Mayor whether somebody wants to run and still have the business is not a Council decision. That's up to the public to make that decision. The people who are running I don't feel that Nampa has that problem. Boise has never had that problem. Caldwell has never had that problem. Garden City and Eagle is still small, they don't have the problem. I just don't understand where you're coming from that you say it's going to take people away from becoming a Mayor. You pay that position. You're going to have people step up to bat. It's still the public that elects the Mayor, not the Council. So it has to be a public decision and — Rountree: Mr. Mayor if I could get a ruling from the City Attorney, I don't believe that this is a debate that the Mayor can enter into. This is a motion. It's been seconded. It's open for discussion for the City Council not the Mayor. Bird: City Council, not the Mayor. Corrie: Council, you want to — I'm still part of this Council running the meeting and I'll run it, not you Charlie. Until you're recognized — Rountree: I asked for clarification Mr. Mayor. Corrie: I didn't recognize you so sit still a minute. Okay you want to answer that? Rutherford: My understanding is that of course as I've already said I don't believe the Mayor can break the tie breaker vote. It would seem consistent unfortunately that given the nature of the topic that we're debating here or discussing that the Mayor should refrain from comment. Corrie: Thank you. I'll take that as advice. Anybody else comment? Bird: I have none. I've said my own piece. Anderson: Just a question then for Counsel. Then you said that you don't believe the Mayor could vote on it. Who would break the tie if it was a tie vote? Rutherford: I haven't been able to find that in the Meridian City Ordinance that I'm looking at right here. I quite frankly couldn't tell you right now. Bentley: Is that covered under city ordinance or would it be covered under state code? Meridian City Council Meeting August 3, 1999 Page 8 Rutherford: Well both should speak to it. But I don't have the Meridian City Code section that talks about that in front of me. I guess if you wanted to table this for a few minutes, I could go look at the Idaho Code in the library. Anderson: Can we do that? Can we table it and then come back to it? Corrie: Is that what you wish to do? Bird: Well we got a motion on the floor. Let's go ahead and vote. Bentley: Mr. Mayor if you go ahead and vote and we find out we've got to redo it, then we're going to have to redo it. Bird: Well we can redo it. I mean he can go look, but we got a motion on the floor for a vote. Corrie: That's correct. Bird: So let's have the question and then if we come to that we can have him run in and do it. Corrie: Question has been called for. Motion is to accept ordinance #835 with suspension of rules. ROLL CALL VOTE: ROUNTREE, NO. BIRD, NO. BENTLEY, YES. ANDERSON, YEA. Corrie: Okay, it's a two to two tie. Mr. Attorney would you please see where the code is. Bentley: Mr. Mayor, I would recommend that we skip over item number two until the attorney gets back with the information. Corrie: Do we have any objection from the Councilmen? Rountree: No. Anderson: I have none. Bird: I have none. 3. TABLED 7/6/99: FINAL PLAT FOR MAWS NO. 3 SUBDIVISION (7 BUILDING LOTS) BY TEALEY'S LAND SURVEYING—NORTH OF PINE & WEST OF LOCUST GROVE RD: Corrie: First report from staff. Is Shari here? There she is Stiles: Mr. Mayor and Council, this was previously tabled was partly as a result of a request by the applicant to table it until such time as a variance application is heard. The variance will not be heard until the Council's August 17th meeting. That would be variance for the pressurized irrigation. Corrie: So in other words, August 17th meeting is when we need to do the final plat then? Meridian City Council Meeting August 3, 1999 Page 9 Stiles: Yes. Corrie: Okay. Anderson: Mr. Mayor, I would make a motion that we table this item then until the August 17th meeting. Rountree: Second. Corrie: Motion is made Mr. Anderson second by Mr. Rountree to table item number three on the final plat for Maws No. 3 Subdivision until August 17th meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A GROUP DAYCARE OF 6-12 CHILDREN BY VOANNA C. WARD D/B/A VO'S DAYCARE -924 E. 4Th STREET: Corrie: Council you have the conditional use permit Findings of Fact and Conclusions of Law. Are there any discussion or questions of staff that you might have? Bentley: I have none. Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the conditional use Findings of Fact and Conclusions of Law. Bentley: Mr. Mayor I move we approve the Findings of Fact and Conclusions of Law and request for conditional use permit for a daycare of 6-12 children by Voanna Ward, Vo's Daycare. Anderson: I'll second that. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to approve the Findings of Fact and Conclusions of Law on item number four. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE FROM 1,000 FOOT MAXIMUM BLOCK LENGTH FOR DEE JAY SUBDIVISION BY J -U -B ENGINEERS, INC – EAST OF STRATFORD DR & NORTH & SOUTH OF WATERTOWER LN: Corrie: You have the Findings of Fact and Conclusions of Law in front of you. Is there any discussion with staff? Meridian City Council Meeting August 3, 1999 Page 10 Bentley: I have none. Corrie: Hearing none, I'll entertain a motion on the Findings of Fact and Conclusions of Law on item number five. Bentley: Mr. Mayor I move we approve the Findings of Fact and Conclusions of Law and Decision and Order granting a variance to JUB Engineering for Dee Jay Subdivision for block length of 1,000 feet excess of 1,000 feet, excuse me. Anderson: Second. Corrie: Motion is made and seconded that we approve the Findings of Fact and Conclusions of Law on item number five. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .967 ACRES (FROM R-4 TO R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR TREMONT PLACE SUBDIVISION NO. 2 BY LARRY & KAY HANSEN—BROADWAY & 8T" STREET (951 W. PINE STREET): Corrie: Does Council have any questions from staff on the Conclusions of Law? Bentley: I have none. Corrie: I'll entertain a motion on the item number six. Anderson: Mr. Mayor, I would make a motion that we approve the Findings of Fact and Conclusions of Law and Decision and Order for Tremont Place Subdivision No. 2. Rountree: Second. Corrie: Motion made is made and seconded to approve the Findings of Fact and Conclusions of Law on item number six. Any further discussion? Hearing none, roll cal vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 7. REZONE ORDINANCE #836 OF .967 ACRES (FROM R-4 TO R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR TREMONT PLACE Meridian City Council Meeting August 3, 1999 Page 11 SUBDIVISION NO. 2 BY LARRY & KAY HANSEN—BROADWAY & 8T" STREET (951 W. PINE STREET): Corrie: (ORDINANCE #836 WAS READ BY TITLE ONLY) Is there anyone from the audience who would like to have Ordinance #836 read in its entirety? Hearing none, I'll entertain a motion on Ordinance #836. Rountree: Mr. Mayor I move that we approve Ordinance #836 with suspension of rules. Bird: Second. Corrie: Motion made to approve Ordinance #836 with suspension of rules. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ROUNTREE, YEA. BENTLEY, YEA. BIRD, YEA. ANDERSON, YEA. MOTION CARRIED: ALL YEAS. 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 27.86 ACRES (FROM RT & R-4 TO R-8) FOR PROPOSED WILKINS RANCH SUBDIVISION BY STEINER DEVELOPMENT LLC—SOUTH OF USTICK & WEST OF TEN MILE: Corrie: Is there any questions that Council has of staff on this item? Rountree: I have none. Corrie: Hearing none, I'll entertain a motion on the Findings of Fact and Conclusions of Law which if I'm not mistaken denies the request for R-8 medium density residential zone. Rountree: Mr. Mayor, I move that we approve the Findings of Fact and Conclusions of Law, Decision and Order which denies the request for Wilkins Ranch Sub from R -T to R-8 but does allow it to be rezoned from R -T to R-4. Bird: Second. Corrie: Motion made to approve the Findings of Fact and Conclusions of Law as stated in the motion any further discussion? Bentley: Mr. Mayor, this is a procedure I have not seen before and I have a question. It also states in the Decision and Order item number one that if the developer and owner do not agree to the R-4 zoning, the annexation and zoning will not be approved. Now Meridian City Council Meeting August 3, 1999 Page 12 do we have to ask them if they're going to accept this before we vote or does it mean that if we vote to accept these Findings and they decide they don't want the R-4 zoning, then it overturns what we voted. Bird: Then it's not an issue. Bentley: Well if we've zoned it, it would be an issue because then we have to stop the zoning process. I'm just asking how the procedure works. Corrie: Well it's new to me too. I would assume that in the motion that was made by Mr. Rountree that R-8 is not zoned this way and it's an R-4. If the applicant doesn't like R-4, then he can come back with something else I would assume, but it's not going to be an R-8. Our legal counsel has got something else to do right now. Rountree: Mr. Mayor I can't remember the original motion, but it was something on the order of if the applicant concurred that that would be our action. I don't know that we've heard one way or the other from the applicant. Maybe we have. I haven't seen anything, but maybe we could hear from the applicant and clear that up. Corrie: Okay, Beck would you like to clear that up for the Council for the vote? Bowcutt: Yes, sir Mr. Mayor and members of the Council. I have discussed this with the applicant. The applicant respects the Council's decision that the R-4 zone is more appropriate than the R-8. Therefore although they are disappointed they feel that it's in their best (End of Tape) Bowcutt: The applicant chooses to bring those lots up to the 8,000 square foot minimum lot size and the 80 foot frontages. We've estimated that we'll lose probably 8 lots which will bring us from 88 down to 80. So I guess we'd like the opportunity for the next couple of weeks to go in and revise that preliminary plat and bring back that revision for you to review if that's acceptable. Corrie: Okay, thank you Becky. Any other discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 9. TABLED 7/20/99: REQUEST FOR PRELIMINARY PLAT FOR WILKINS RANCH SUBDIVISION (89 BUILDING LOTS ON 27.86 ACRES) BY STEINER DEVELOPMENT LLC — SOUTH OF USTICK & WEST OF TEN MILE: Meridian City Council Meeting August 3, 1999 Page 13 Corrie: I think we need to probably table that one to two weeks until the 17th to make sure that when they come back with the preliminary plat a new one. Bird: Mr. Mayor I move that we table the preliminary plat for Wilkins Ranch Subdivision by Steiner Development until 8/17/99. Corrie: Becky, is that going to be enough time? Okay. Is there a second? Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to table item number nine until August the 17th meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor can we take a little break here? I move we take a ten minute break before we start the public hearing. Corrie: Is Clair Bowman here? Bentley: Shari grabbed him. Corrie: We'll take a ten minute break back at 8:30 and then we'll have the open public hearing then. (TEN MINUTE BREAK) Corrie: I will call the meeting back to order. The attorney has returned and let's hear what he has to say. Rutherford: Mayor and members of the Council, I apologize for being unprepared on this topic on this subject. I've reviewed the appropriate Meridian ordinance and have been unable to find specific language that deals with this specific instance in the state code. My inclination is that there is potential conflict of interest that should be disclosed and then the party with the conflict should remove himself from deliberation, consideration, and voting. In getting advice of an additional attorney in our firm, his opinion was the exact opposite. That this is a policy decision and that the Mayor is part of the Council and as a matter of policy that you should be — the Mayor in this situation should be allowed to vote. In light of the two different directions that I've gotten here, I think the appropriate action is to table or continue the matter for one week. If I can't find out the answer from simply combing through the code, I'll attempt to contact the attorney general and get an opinion from the attorney general. Meridian City Council Meeting August 3, 1999 Page 14 Bentley: Mr. Mayor what's the time line as far as the code is when this would have to be done by in order to — Rountree: 17th Bird: 17th Corrie: This has to be done by the 17th of August. Rountree: Only the wages. Corrie: Pardon? Rountree: Only the wages. Bird: 60 days for full time. Corrie: 60 days for full time Mayor of if you don't do anything, it stays the same, but we've had a vote. I don't see how you can table a vote. Under the circumstances I think if you have two different attorneys' opinions I think you better go ahead and do what the statute says and let them break the tie and then you find out from the attorney general on that case. Then he would have the — either he would have his opinion. It hasn't anything to do if you go to Court or anything at that point, but we have two attorneys that disagree, which is not unusual. So my suggestion is that I'm going to break the tie and vote yea and then you find out. Then we can come back and we can do it. The 17th you can let us know by that time. If it's not appropriate then it will die. Anderson: Mr. Mayor, I would make a motion to withdraw my vote and table this until the 17th Corrie: You mean your second. Anderson: No, my vote. Corrie: You've already voted. You don't take a vote back after you voted. Bird: Yes you can. Anderson: I think you can. Rutherford: With the suspension of rules. Meridian City Council Meeting August 3, 1999 Page 15 Corrie: With suspension of rules, you can do that? Rutherford: Yes. Corrie: Okay so what do we do now? We just table it until the 17th . Rutherford: Preferably I would like to have until the 17th to come to you with the proper procedure in this situation. Corrie: Okay then we'll table this until the 17t". I guess we better have a motion to table this number one. Mr. Bentley? Bentley: Mr. Mayor I need a little procedure explained out here because I'm getting a lost. Corrie: So am I. Bentley: What procedure do we need to do now that we have a vote of two, two in order to table? Would everybody have to retract their votes and how do you do that or do we just table it with the two, two vote until then? Rutherford: I think my opinion would be that the votes need to be taken back, make a motion that the matter be tabled until the 17tH Bentley: Well then let me ask you this. What is wrong with going ahead with the vote, going ahead with the Mayor's vote and then get the ruling from the A.G.? Rutherford: Ultimately we'll probably get there in the 17th either way. Either way you do it we'll probably get the same result. Ultimately I need to find out the information I need to find out. What you guys do here tonight between those two alternatives. It probably doesn't matter, whatever you would like to do. Bird: Mr. Mayor, Mr. Counselor, if Councilman Anderson withdrew his vote as understood. Was that not right? Anderson: I have made a motion to withdraw my vote. Bird: Now if you withdraw your vote, it is two to one? Right? Is that right? Corrie: You're not going to vote at all? Anderson: Because I would like to see this matter tabled until we get a ruling on this. I think that's the simplest way. If I withdraw my vote then the motion is dead. Meridian City Council Meeting August 3, 1999 Page 16 Bentley: No. Bird: Yeah, he can do that. Corrie: No he can't. He's got to revoke his second and the whole thing dies for the lack of second and then we can table it. Bird: We've already voted. Rountree: Mr. Mayor, excuse me but I believe we're functioning under Robert's Rules and anybody who votes in the affirmative on a motion can make a motion to withdraw their vote. Those who don't vote in the affirmative have not the right to do that. I think Mr. Anderson has the privilege to withdraw his vote. He in fact can change his vote if he wishes, I believe. I also believe in a case of a tie vote without a tie breaker, the motion dies particularly when the motion is made with suspension of rules, so I'm not a liar, but I've (inaudible) with Robert's Rules a little bit and I'm not going to make any bets on any of this stuff. Bentley: Mr. Mayor, I guess I wouldn't have a problem with tabling this, but I want all the votes pulled off. Anderson: How do we do that? Rountree: We can have another motion. Anderson: Okay, why don't we do that? Rountree: Mr. Mayor, I move that we do not modify the existing ordinance for the City of Meridian as it relates to the Mayor and leave the ordinance that we have in place in effect. Bird: I second it. Corrie: Motion is made and seconded. Discussion? Bentley: Question for Counsel. If we leave this with a two, two tie can it just be tabled as is without pulling votes until the next meeting until we find out if the tie breaker is right? Rutherford: I still think if you make a motion to do that, by unanimous consent, you can do anything. If you all vote to do that, I think you can do that. Again it would have to be unanimous. Meridian City Council Meeting August 3, 1999 Page 17 Corrie: Okay, do you want to do that Council? Rountree: We got a motion and a second. Bentley: Yeah, I can amend the motion though. Corrie: Okay. Bentley: I would amend Mr. Rountree's motion that we just table this until the 17th and at that time we can decide there's a tie breaker or whether there isn't by the Mayor. Corrie: Is there a second to that amendment? Okay, it dies for lack of second. Any other discussion? Okay the motion on the floor is to do nothing on ordinance #835. 1 would assume that's what the motion is and go back to the original — Rountree: To leave our existing ordinance as is. Corrie: Okay, leave the existing ordinance as it is. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. ROUNTREE, YEA. BIRD, YEA. BENTLEY, NAY. MOTION CARRIED: 3 YEAS. 1 NAY. Corrie: Ordinance #835 is no longer in existence. Okay, Ordinance #836 Mayor and City Council salaries. Bentley: Mr. Mayor before we move on to item number two, I would make a motion that item number one be placed on the first item on the August 17t", 1999. Corrie: Motion made to place item number one up on the — Bentley: Mr. Mayor if I may, I'm going to say that's a request because the Council doesn't set the agenda. I'm just requesting that you put that back on the next agenda. Corrie: Okay, is there a second to the request? Bentley: There doesn't have to be. Bird: There wouldn't have to be. Corrie: Okay, all right. I will take that under advisement and you may see it or you may not. I don't know. Meridian City Council Meeting August 3, 1999 Page 18 2. ORDINANCE #836 -MAYOR & CITY COUNCIL SALARIES Corrie: Ordinance #836 is Mayor and City Council Salaries. Bentley: Mr. Mayor I believe we used Ordinance #836 on item number 7. Corrie: Okay it would be 837. (ORDINANCE #837 WAS READ BY TITLE ONLY) Is there anyone from the audience who would like to have Ordinance #837 read in its entirety? Council, do you want to fill in the blanks or do you want to leave it alone? It's up to your decision and comments. Who wants to go first? Bird: Mr. Mayor I have no problem giving the Mayor a raise even — you know as we stayed with. The Council President I have no problem giving a raise. Council members we stay at $500. That's my thought. Anderson: Mr. Mayor I would think that since this ordinance actually involves setting salaries for the Mayor that I kind of would like to see this tabled until after we make the decision of whether to make the position full time or not. That would seem to make sense to me and then set the salaries at that time. Bentley: Mr. Mayor I would agree with Mr. Anderson. Rountree: I don't have any particular qualms with an adjustment in the Mayor's salary. I disagree with Councilman Bird on the Council just for discussion. I think we all work equally hard in doing our jobs. I don't know that any one position other than getting writer's cramp at check signing time requires any more compensation. I would suggest that if we do adjust the Mayor's salary that we look at a slight adjustment in the Council's salary. In looking around we're probably at the bottom of the rung on cities of any size let alone cities of a bigger size. Just for discussion and I'm not suggesting but I tend to agree that if we're going to talk about Mayor again yet although I thought we already decided that. Something to think about Mayor currently is at $1200 a month. I would suggest something on the order of $1650. Council is currently at $500. 1 would suggest something on the order of $600 for all Council and not specify anything particular for Council President, just food for thought. But I tend to agree we might want to put this off. Anderson: Mr. Mayor in light of the discussion I would make a motion that we table Ordinance #837 until our Council meeting on August 17t" Rountree: Second. Meridian City Council Meeting August 3, 1999 Page 19 Corrie: Motion made and second to table item number two, Ordinance #837 until August 17th meeting. Any further discussion? Hearing none, all those in favor of that motion say aye. MOTION CARRIED: ALL AYES. 10. PUBLIC HEARING: SOLID WASTE DISPOSAL RATE CHANGES AND ADDITION OF NEW RATES BY SANITARY SERVICES COMPANY: Corrie: At this time I will open the public hearing and invite the applicant to step forward. Both of you or one at a time. It doesn't make any difference how you want to do it. Gregory: Mr. Mayor and members of the Council, I was not able to attend the July 6th meeting where all this was presented to you. I guess at this point rather than go through the information that was already presented to you on July 6th, I would just let you ask questions or let the public comment and we can respond in the end if that's allowable. Rountree: That's fine with me. Corrie: Is there anyone else from the public who would like to issue testimony in this item number ten? Okay, hearing none, does Council have any questions they would like to put on the public hearing to the applicants? Bentley: I have none. Anderson: I have none. Bird: I have none. Corrie: Okay, I'll entertain a motion to close the public hearing. Bentley: So moved. Bird: Second. Corrie: Motion made and second to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Council any discussion? Meridian City Council Meeting August 3, 1999 Page 20 Bentley: I just think they're doing a fine job. Bird: Great job. Corrie: That being the case, I'll entertain a motion for the rates. Bentley: Mr. Mayor I move we approve the new solid waste disposal rate changes and addition of new rates by Sanitary Services Company. :3RiiE• z 0=0 @1 Corrie: Motion made and second that we approve the solid waste proposal SSC, Sanitary Services Company to allow the proposed changes. Any further discussion? Anderson: Mr. Mayor, I don't think they're doing that great of a job. I'd like to see Lysol and maybe a little mint on top of the garbage cans. (Inaudible) Rountree: I have a procedural question. Do we need Findings number one and do we need to establish a date when these rates will be in effect? Rutherford: Mayor, members of the Council, we would need the authority for the Mayor and City Clerk to sign a resolution. It would be in resolution form and yes, we should need an effective date. Rountree: As of today? Bird: August 3rd. Corrie: I would suggest if you want to do it put it in a motion form the second should — Bird: I withdraw my second. Bentley: I withdraw my first. Corrie: Okay. Bentley: What date do we want? On the billing side, is it going to be simpler if we do it the first of the month? Corrie: Probably have it as of August the 3rd Meridian City Council Meeting August 3, 1999 Page 21 Bentley: This is August. Bird: Why don't we go back August 1't? Corrie: Well — Bird: Retroactive August 1St. Can we do that? Rutherford: (Inaudible) Bird: September 1St. Okay. Bentley: Mr. Mayor I would move that we instruct the city attorney to provide a resolution approving the solid disposal rates and changes and addition of new rates for Sanitary Services effective date of September 1. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to have the attorney draw up the resolution be effective September 1St, 1999 on the solid waste disposal rate changes. Any further discussion? Hearing none, all those in favor of that motion say aye. MOTION CARRIED: ALL AYES. 11. REQUEST FOR TIME EXTENSION FOR FINAL PLAT — SPARKLING SPRINGS SUBDIVISION: Corrie: Shari, staff comments. Stiles: Mr. Mayor and Council, this is for the property immediately north of Landsberry Lane on Meridian Road. They got approved for final plat on June 16, 1998 and would have had to record the final plat by June 16th of this year and they're asking for an extension to June 16th, 2000 for the recordation of that plat, and for the record they have changed the name to Salisbury Lane. Rountree: Mr. Mayor, question for Shari. This is the first request? Stiles: Yes. Corrie: Any other questions from Council? Anderson: None. Bentley: None. Meridian City Council Meeting August 3, 1999 Page 22 Bird: I have none. Corrie: I'll entertain a motion for request for time extension for final plat for Salisbury Lane. Bird: Mr. Mayor I move that we grant a one year extension on the final plat for Sparkling Springs Subdivision or Salisbury Lane to 6/16/2000. Corrie: Do I hear a second? Bentley: Second. Corrie: Motion made and second that the request for time extension for final plat of Salisbury Lane to 6/16/2000. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 12. AGREEMENT TO PURCHASE REAL ESTATE PROPERTY WITH BETTY THIERHAUSE: RESOLUTION #245. Corrie: Do you have the resolution number handy there? Rountree: It would be 245. Corrie: Resolution number 245. Tom, do you want to bring us up to date on that? Kuntz: Mayor and Council, you have before you tonight an agreement to purchase real property for the land surrounding Generation Plaza. Betty Thierhause property. I'm asking for approval for this resolution tonight contingent upon the appraisal value being at least $46,500 if not greater. I talked to the appraiser today, actually yesterday on the phone. The appraisal has been sent to Betty Thierhause's representative and he informed me verbally that the appraisal is $60,000. Anderson: Tom, I have three copies of that agreement before me. One of them is stamped July 30th and the one we're looking at tonight says July 19. Which agreement or are they all the same? Kuntz: The one that I have is stamped August 2nd, and the only change that has been made to any of them would be on page two and would be 3.2. 1 requested that the closing agent be our attorneys that would do the closing. So that is the only change to my knowledge that has been made to the first agreement that was brought before you two weeks ago, so the new agreement that you have in your hands 3.2 should read closing agent refers to White, Peterson, Pruss, Morrow and Gigray, P.A. Corrie: That's the one that's dated July 30tH Bentley: Yes. Kuntz: Correct. Anderson: The other ones had Alliance Title in that section. Meridian City Council Meeting August 3, 1999 Page 23 Kuntz: Correct. Corrie: Okay any other discussion? Rutherford: Mayor, members of the Council, in discussing the fact that Bill Gigray will be the closing agent or the firm will be the closing agent, one other thing was brought to light. The fact that the agreement at this point page two 3.1 closing is blank. As a procedural matter tonight before you vote to approve this there will need to be a date inserted in there for purposes of the closing. Corrie: Tom. We haven't been told if she accepted it, has she? Kuntz: The appraisal was delivered by her agent today to here. She is going to be out of town the rest of this week and will be back in town one day next week. I suppose to be prudent we should give her until the end of August to close. Bird: 30th day of August? Kuntz: Sounds good to me, yeah. Corrie: 3.1 closing means (inaudible) upon which this transaction shall be completed by the closing agent shall be scheduled for the 30th day of August, 1999. Rutherford: That's all Mayor. Corrie: Okay. We have a resolution before you. Bentley: Mr. Mayor, I move that the City of Meridian approve the agreement to purchase real property from Betty Thierhause in the amount not to exceed $46,500 and pass resolution number 245 and authorize the Mayor to sign and the Clerk to attest. Corrie: Do I hear a second. Anderson: I'll second it. Corrie: Motion is made to accept agreement to purchase real property with the date inserted in item 3.1 closing of the 30th day of August, 1999 and to accept the resolution number 245 by Mr. Bentley. Any further discussion? Bird: Mr. Mayor, that motion is contingent upon the appraisal, right? I mean verbal and actual is something else. Bentley: Yes. Corrie: Based upon the (inaudible). Any other discussion? Hearing none, roll call vote. ROLL CALL VOTE: ROUNTREE, YEA. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 13. ORDINANCE #837 - FLOOD DAMAGE PREVENTION: Meridian City Council Meeting August 3, 1999 Page 24 Corrie: (ORDINANCE #837 WAS READ BY TITLE ONLY) Is there anyone from the audience who would like to have Ordinance #837 read in its entirety? Hearing none, I'll entertain a motion on Ordinance #837. Rountree: Mr. Mayor just a point of clarification for me. I've not seen the map. I'm have not had an explanation from staff as to why we're legislating this particular item. I can tell you right now we have one constituent in our community that would probably wring any FEMA person's neck if he could ever find one to talk to. They haven't been good neighbors in the City of Meridian to some of our folks and if this means that some more of our folks have to deal with them, I'm a bit hesitant right now without some additional information, so I would suggest that until we get a little more information on this — I know it's ultimately necessary, but I'd like to fully understand it so I'm suggesting that we table this item until we get some additional information from staff and get an opportunity to review the map. Bird: Is that a motion? Corrie: Before I recognize any motions, let me ask Gary Smith, do you have any comments on this or do you have any information at all? Smith: Mr. Mayor and Council members, I don't have any specific information on this. It was a request by FEMA on some I assume there's some changes of the mapping that's been done from over the years, but I'm not positive of that. For one reason or another the maps have changed due to additional engineering hydraulic engineering but I'll certainly find some details and bring those back to you if you would like. Corrie: What time frame would you need Gary? Smith: I could have those to you the next meeting. No problem. Bentley: Mr. Mayor I have a question. Now is this the newest of the newest that FEMA has done because I know they haven't done it for several years. Rountree: Twenty. Smith: I'm assuming that it is Councilman Bentley, but I'm going to have to get the particulars. Bentley: Okay thank you. Corrie: Hearing that I'll entertain a motion Mr. Rountree to table Ordinance #837 item 13. Rountree: Mr. Mayor I move we table item number 13 until our next regularly scheduled meeting August 17th, 1999. Bird: Second. Corrie: Motion made and second to table item number 13 Ordinance #837 until August the 17th for further update. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council Meeting August 3, 1999 Page 25 MOTION CARRIED: ALL AYES. 14. ORDINANCE #838- CREATION OF FIRE DEPARTMENT: Bowers: Mayor Corrie and City Council, to give you a little background. This ordinance we've had in effect for many years but it just stated that we would have a fire chief and we would have firefighters and we would have a firefighters association and it seemed like every time we wanted to hire somebody, we would have to come in and change the ordinance. Talking with Ron Anderson and Charlie Rountree, they thought that possibly this would be a good way for each department to start from scratch and come up with an ordinance for creation of a fire department or a water department or a sewer department or wastewater department or whatever, so Mr. Gigray and myself sat down. We pulled this up on the internet from some other departments and put it together and Ron put his input in it and I did too and some changes. I think it's a good start from what we had before. I did put copies in your box a while back and I didn't get any feedback to change anything so we marched forward to bring it in front of the City Council tonight to discuss it. Corrie: Okay thank you Kenny. Any discussion? Bird: I have none. Corrie: (ORDINANCE #838 WAS READ BY TITLE ONLY) Is there anyone from the audience who would like to have Ordinance #838 read in its entirety? Hearing none, I'll entertain a motion on Ordinance #838. Anderson: Mr. Mayor, I would make a motion that we approve Ordinance #838 creation of a fire department with suspension of the rules. Rountree: Second. Corrie: Motion made by Mr. Anderson second by Mr. Rountree to approve Ordinance #838 with suspension of rules. ROLL CALL VOTE: ROUNTREE, AYE. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 15. DISCUSSION ON STIP — FY2000-2004 BY CLAIR BOWMAN OF APA. Corrie: I'm sorry Clair. I was thirty minutes off, but we did have a good discussion before you got here. Bowman: Mr. Mayor, I forgot two things when I came tonight. I forgot the official list of federally funded projects in the Meridian Area of Impact, and I forgot my flack jacket. I don't which is likely to be more damaging to me. My goal here is to answer questions and try to help understand what's going on. I have spoken with the transportation folks at the Ada County Highway District who put together their capital improvement program. Meridian City Council Meeting August 3, 1999 Page 26 I have a one page listing of all the projects in the Meridian area of impact within the next five construction years or preliminary development. I understand there are some concerns about the Meridian area of impact receiving fewer funds in the next year or two than in subsequent years. I think this sheet probably negates that concern. At least I think it does. If I can talk just about roadway projects for a moment. There is one in 2000, one in 2002, three in 2003, four in 2004 and three out in preliminary development being staged to come forward. That's just roadway projects. The 2000 project is Corporate Drive, Meridian Road to the west. That one is set for construction an estimated cost of something less than a half million dollars. The 2002 project is the widening of Locust Grove from Fairview to Ustick. That's the — I think they're reserving five lane width for the interchange area and then three lanes north of there, and that's per the City Council request in some discussions that have gone on at that level. For 2003, there are two projects in here totally about 3'/2 million dollars. Pine Street, both Locust Grove to Eagle Road and Eagle Road to the Cloverdale corridor. That's the construction of Pine Street through that area. In addition, the design in 2003 would be performed for Linder Road widening from Franklin to Cherry Lane. In 2004 Overland Road, again two projects this time totally about four million dollars, just a bit less than four million dollars. Overland Road widening from Locust Grove to Eagle and from Meridian to Locust Grove. In each case those are seen as three lane rural section roads with detached sidewalks, a detached pathway along the side. That's what the current design calls for. right-of-way acquisition would be done on Linder Road Franklin to Cherry Lane during 2004 and the design work for Ten Mile widening from Cherry Lane to Ustick going north from Cherry Lane would be done at that same time. The other projects in preliminary development are Linder widening from Ustick to Cherry Lane, Locust Grove widening from Franklin to Fairview and Ten Mile widening from Pine to Cherry Lane. That's only a half mile. That's why the price is so low. Those all run something on the order of 1.2 to 1.8 million dollars a mile. There's a little bit more in one project because of expected right-of-way costs. In addition there are several other kinds of projects to be conducted in the Meridian area of impact over the next five years. The intersection project is Eagle Road and Fairview for 2000. That will be redone that's a major redo at the intersection. That's almost a one and three quarter of a million dollar project just on the signalization. In 2004 they have the E. 1 st Waltman and Meridian and Central intersection scheduled. Another major intersection project to rework it . Traffic control signal projects, three of them. One is 2002 on Eagle Road, one in 2003 on Meridian Road, one in 2004 on Fairview, Five Mile and Meridian. There's two of them there. Both Five Mile and Meridian. Major bridge project, Eagle Road bridge number 248. 1 did not get information on which bridge that is. That is scheduled for 2001. Bentley: I think it's the one by Victory. Bowman: Oh, south of the interstate, yeah that makes sense. I was thinking bridges north and I couldn't come up with any. Minor bridge projects, there's one on Locust Meridian City Council Meeting August 3, 1999 Page 27 Grove. That will be done this next year. That's a minor bridge replacement project. There are two drainage studies that will be conducted this coming year. North Meridian drainage study and the west bench drainage study which extends over into the Meridian area of impact. You have a commuter ride project on the park and ride lot near the northeast corner of Meridian and Overland Roads. We also have some CMAQ funds that do not go through ACHD's project list which are for the pathway along the creek. In the case of the commuter ride project for the park and ride and the pathway project, I've communicated to Mayor Corrie a week or so ago that we had some issues about retaining the funding for those two projects because they were both scheduled in FY 99. We were successful in finding another project. Boise City was able to move a project forward that allowed those two projects to slip a year and still save the funding for them. My suspicion is we cannot do that again. Those need to be expended in 2000 or we will lose the funding. With respect to the specific request of me to talk about a Locust Grove overpass, we have done some digging into the numbers that were in our long range transportation plan with respect to the overpass. I believe the overpass cost is we had it in there was slightly over four million dollars and as we look today at construction costs without right-of-way that's on the order of three million dollars. (End of Tape) Bowman: ...the last question I was asked by the Mayor was, what's the possibility of swapping one of the other projects for a Locust Grove overpass? That possibility is really good if the City is willing to as you mentioned might be a possibility of the City contributing some right-of-way on that project or acquiring it and donating it. The design will take a couple of years. The earliest that could possibly be constructed is probably 2002 fiscal year. That's two and half years almost three years that it could be in design and still go to contract three years from about right now. Without right-of-way to consider that's a realistic possibility. If right-of-way has to be acquired with the funds of the Ada County Highway District, or with federal funds depending on which sources of funds are used for this project. The possibility to build it in three years would be almost zero. We're looking at probably five years because rights-of-way are just taking a long time to acquire. I think Charlie has the experience at ITD. We certainly have that with the Ada County Highway District right now. As for funding sources, the three million dollar funding for the construction is eligible from at least two sources, the Ada County Highway District general fund it's local program tax dollars or their — no this one would not qualify for — let me clarify. ACHD has general tax revenue dollars. They also have impact fee dollars, and some portion of this project could be funded by impact fees, but not all of it. I don't understand how that works, and I apologize that she was unable to be here tonight to explain. The other funding sources interstate maintenance funds. did put in a call yesterday afternoon to the folks at district three trying to find out if there were any interstate maintenance funds available. I also tried to call Dave Amick to find that out. In both cases, I have not been able to connect with them since the Mayor and I spoke yesterday. So I apologize for that. I do know that funding source is a legitimate funding source. I don't know whether there are any of those dollars available in the two Meridian City Council Meeting August 3, 1999 Page 28 to three year time frame. I believe Mr. Mayor I've answered all the questions you and talked about yesterday morning trying to provide some information on that score. If it would be helpful for you to have a copy of this projects list which I just realized I didn't bring copies, I can get somebody to make that perhaps. Or I can certainly leave it with you. Corrie: Thank you appreciate that. Any comments or questions. Rountree: Mr. Mayor, Clair, if interstate maintenance funding was available and I was not able to get an answer today either, but if it were, I think it's imperative that this project get in the STIP right now. Bowman: Right now. Rountree: Get in preliminary development and a project of that size once developed could go forward at any time as a filler as you well know. Projects get moved around frequently and there needs to be space holders in this amount of money. It's not overly large project, yet it's not $100,000 job either and it could serve to fill a spot if it's in the STIP, the State Transportation Improvement Program. So my question to you is are you willing to carry the water for Meridian to take this before the Idaho Transportation Board as a proposal for them to include in this STIP preliminary development so work can start on it, funding the preliminary design and possibly looking at 2002 or 2003 as a theoretical construction date, but in the STIP in preliminary development. Bowman: It would be PD in the STIP. The STIP is the state version of our local transportation improvement program. The answer is yes, it would be best if one of the representatives of the City of Meridian carried the action or at least me a request that would be a unanimous request from the City Council tonight. That would be helpful. We'd also need an amendment of our proposed transportation improvement program at the August 16th APA board meeting to accomplish that. So a letter from this group to me would be very helpful. Hopefully tonight or tomorrow and I would be happy to carry that. It will actually be Thursday before I have time to do that because I'm in meetings all day tomorrow again. Corrie: In talking with Chuck Linder, he seems to be agreeable to something of that nature. He talked to me that night. (Inaudible) I think we could come up with a letter together and have it done if the Council so wishes. Rountree: Another question for Clair. Would a project of this nature with the angle in 1959, 61 when the planning was done for the interstate didn't envision the growth that went on in Boise, the growth that's going on in the Treasure Valley period. Essentially they cut our community in half. We don't have great access back and forth. You have to go two miles to get any access to either half of our city if you want to use the Meridian City Council Meeting August 3, 1999 Page 29 interstate as a point of demarcation. With that kind of thinking could we qualify for possibly a spin off grant say from TCSP. I mean those are improve transportation in communities and it would seem to me that if we can improve the cohesiveness of our community by increasing the opportunity to access within our community that might be an angle we could pursue and I'm not saying to fund the entire project, but if we could get some seed money to assist in acquisition of right-of-way. Even a — Bowman: Until you mentioned the specific funding source, Councilman Rountree — Rountree: And I know there's an issue there. Bowman: I was nodding my head inside and thinking yes, this has merit. The transportation community system preservation grant program is a competitive grant program of the — well I guess there ended up being about $13,000,000 of projects funded this current year. Ada and Canyon Counties in the form of Ada Planning Association project sponsored by the Treasure Valley Partnership, we were successful in getting a $500,000 grant out of that. There were no grants in that entire — none of those that were worded were for projects to move vehicles, not a one of them. Rountree: I understand, but that might change. Bowman: That might change, yes indeed because there is a good deal of pressure now from congressmen to treat it differently, but there isn't any action on that score yet. What I can tell you is I would be happy to watch out for that as a potential funding source to supplement or to move forward so we didn't have to rely totally on interstate maintenance funds or on the Ada County Highway District's general budget. Rountree: And I guess my final question is there a way to co -mingle the money with ACHD and ITD in terms of interstate to maybe partner a project? Bowman: Mr. Mayor, Councilman, the direct answer to that question is yes there is a possibility. There have not been very many shared responsibility projects on highway construction. Iry and I have had a good deal of success with using some of the shared funding things on pathway projects. The Eckert Road the one that was built and the one that's currently getting close to finalization right now are both really good examples. In both of those cases we have blended Ada County Highway District funds with federal funds through the state department of transportation and with private developer funds, private contributions and other foundation grants along the way to pool those. We've demonstrated it can work. There are a couple of individuals at district three who are about ready to try one on their own with some blended funding possibilities. I don't at this point know which project they're talking about but we can certainly talk about this one as a possibility. Meridian City Council Meeting August 3, 1999 Page 30 Rountree: Thank you. Corrie: Any questions? Bird: I have none Mayor. Bentley: I won't shoot the messenger, but he knows how I feel. Corrie: I think we definitely need to get this Locust Grove overpass into the system very quickly and whatever needs to be done we ought to be doing it very quickly. Bowman: Mr. Mayor, I would suggest that a motion from the Council tonight to request that I take all expeditious action to get this included in the current update to the state transportation improvement program would be an appropriate motion. Corrie: Okay. I can't make a motion, so — Bentley: Mr. Mayor, I would move that the City Council give direction to Clair Bowman of APA to proceed posthaste with getting the Locust Grove overpass on the front burner shall we say and get it included in the updated STIP for the state. Bird: Second. Corrie: Motion made and second to request that Mr. Clair Bowman include the updating and the Locust Grove overpass into the STIP program now. Any further discussion? All in favor of the motion say aye. MOTION CARRIED: ALL AYES, 1 ABSTAIN (ROUNTREE) 16. DEPARTMENT REPORTS: A. GARY SMITH: WWTP — PLANT LABORATORY PRE -DESIGN ENGINEERING PROPOSAL. Smith: Thank you Mr. Mayor and Council, I have a request to have you approve a pre - design engineering proposal from CH2M for study of our needs at the Wastewater Plant for a new laboratory building. Part of our requirements on the MPDS permit that we recently issued involves significantly more testing and CH2M was selected through the request for proposal process to design this laboratory building. They came back with a proposal. Neither John Shawcroft, Superintendent out there, or myself felt that it was appropriate as far as what they were proposing and so we had several discussions with them to try and determine where we were going with this lab building. Finally the decision was made amongst all of us that it would be appropriate to proceed with a pre- Meridian City Council Meeting August 3, 1999 Page 31 design engineering proposal to get our arms around this project and I think by going through this phase of it, we will be able to determine the perimeters of what that building needs to be. Rountree: Gary, point of clarification. Is it wise to go back to CH2M for pre -design when you're not satisfied with the concept of what they proposed initially. Should we not be looking at a second opinion for lack of a better word. Smith: We felt that their proposal because we did select them that their proposal and their expertise is appropriate. The way that they proposed to go about the design of the building. My concern is the size of the building that they were proposing and the associated costs of that building. Rountree: Too high, too low, too small. Smith: Too big, too high. But until we can get some specifics developed as to what is actually required it's very difficult for John and I to say okay, design us a lab building, and give us a proposal for the engineering agreement and I'll bring that to you because neither one of us know what that really is. We're not familiar enough with the cost for example in the lab building because there are extraordinary costs just due to ventilation for example because of the chemicals that are used in the lab and the testing they have to do. That's one item that CH2M stressed. It is an expensive proposition in the lab building. A lot of the materials in the lab area are acid resistant type materials, very expensive. Now they threw a $300 a square foot price at us for this building and it staggers. I just want to see the nuts and bolts of what this lab building is like. I mean they had a $100,000 engineering contract they were proposing and I just wasn't comfortable at all with that. In terms of going out to the other two or three firms that proposed to us, I don't know that we would garner any better expertise from anybody else, but I don't know. When we selected the engineer, it was on the basis of some qualifications for this type of work. Their qualifications along with their approach to the project were what pushed them to the top of the pile. But we weren't going anywhere with what they were proposing. I was stumbling around and not doing anything because I didn't know what to do and we finally had a second meeting with our representative and decided that perhaps this was the way that we should proceed. I don't know. I suppose if there aren't any as I understand it, there aren't any commitments that we'd proceed on with the design of the structure with this same engineering firm once pre -design is completed. But we definitely do need to move ahead with the laboratory building because of our MPDS permit and testing requirements. And we're going to hopefully be able to do some water testing, fulfill some of our potable water testing requirements out there at the same time, our back tee testing can be done there so we can save some dollars that we spend now with outside testing firms. But that's a sideline to it. Meridian City Council Meeting August 3, 1999 Page 32 Rountree: And this pre -design study is (inaudible) Smith: Yes, sir, correct. And I noticed and Bill Gigray may want to look at this limit of liability. It seemed like when I read it, it was a larger number than we're used to seeing. Item 6.4 on page 4 of their agreement. 6.4.1 excuse me. I don't know Steve if that — the limit of liability that we're used to seeing that he has requested pretty consistently be removed from the agreement speaks to a $50,000 limitation or the contract fee amount. Corrie: So Mr. Gigray hasn't seen this one yet. Smith: No, sir. Bird: This one is sure slanted towards the — I need a copy of this for the subcontractor. This is one of the first ones that I've seen the owner didn't have the slant. They sure make sure they take care of themselves. Corrie: Questions? Rountree: I have none. Corrie: Hearing none, what do you want to do? Rountree: Mr. Mayor I move that we authorize the City of Meridian to enter into a pre - design engineering agreement with CH2M Hill in the amount of $12,700 authorize the Mayor to sign and Clerk to attest subject to review of City Attorney. Bentley: Second. Corrie: Motion made to approve the pre -design of $12,700 with the okay of the City Attorney subject to City Attorney review excuse me. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Smith: Thank you Mayor, thank you Council. B. KENNY BOWERS: COLLECTIVE LABOR AGREEMENT WITH UNION #2311 Bowers: Mayor Corrie and City Council, we was going to try to have the union contract to present to you people tonight and we run into some verbiage problems. Pauline and myself met with them Friday with Bentley on the telephone. Their attorney had changed Meridian City Council Meeting August 3, 1999 Page 33 two articles quite a bit of verbiage in them and one article did not make sense whatsoever. So we sent it back to them and told them to try to straighten out the verbiage. They were suppose to try to get it yesterday and as of noon, they had not got it checked from the attorney today so I did not want to shove it in front of you guys' face five minutes before and let you try to make heads or tails of it. So if we could put it off until our next meeting, I'm sure that Councilman Anderson and Councilman Bentley and I should be able to meet with Pauline and try to hammer out those two articles. Bentley: I told you to keep the attorney out of this. B. TOM KUNTZ FOLLOW-UP REPORT Kuntz: Mayor and Council my follow up report was actually on the purchase of the property, but as long as I'm on the agenda I don't want to waste this opportunity. Just to update you on Tully Park, we have delayed the opening until the 1 st of September. Due to some additional things that we're doing at the park as far as the basketball court. The Kiwanis needed a little bit more time to get the shelter put up and some other issues that we want to resolve before we open it up officially, so it will be the first part of September and we will have some kind of a opening ceremony like we did at Generations Plaza. And then also we met with our comp plan consultant last week. He'll be back in town to meet with the commission on the 16t" which is Monday night at 6:00 and you're welcome to attend that if you would and then we have three public meetings set up for during the month of September, and we'll be advertising those. So we're off and running on our comp plan. Bird: Thank you Tom. Corrie: Before we entertain a motion to close, there's a notice of special workshop that Mr. Berg put out that's Friday, August 6t" at 6:30 p.m. I don't think we're going to have that one if we're all going to be cooking. Bird: I'm with you. We had set it up on the agenda the calendar and hopefully we didn't need it. Rountree: Yeah, it was kind of a fall back just in case we didn't get through and I suggested that Will go ahead and notice and we could back out if we weren't going to need it, but if we needed it, we needed it noticed. Bird: Yeah. Rountree: And we won't know until Thursday evening anyway. Meridian City Council Meeting August 3, 1999 Page 34 Bird: We've had something come out at the dog pound. Some how or the other 220 got left out of our plans. We need some 220 power into it. We can use it as a change order to the contract. I understand it's about $500 Chief. Is the contract been closed out? Okay then we need to address it as a change order to the contract. Now, legal can I do that without — do you have a firm quote of $500 Chief? We have to have it in writing. Corrie: You can have it up to $500. Gordon: Mr. Mayor and Council, Councilman Bird, no sir I do not. I just received that information two days ago. He said it was going to be approximately $500. He had talked to John Shawcroft to see where the closest 220 was, and then it was going to have to be trenched in from there. We had 110 at the existing pound and I just figured that that was good and the electrical inspector said no way. Corrie: Are you going to have that tonight? Do you have to have it tonight or can you have it the 17th of August? Two weeks away. Gordon: The only thing that's holding up the completion of the building is this power. Everything else is done. Bird: Mr. Mayor, now can make it up to $500 a change order? Corrie: If you want to do that. Bird: Legally? Can we do that without written? Rountree: Just authorize to proceed with the necessary — Bird: change order not to exceed $500. Rountree: --by change order, I don't even know if you need to specify an amount, do you? Bird: Most of the time — the change orders come in and you know they're an after the fact deal. Do I need to have an amount on there? Corrie: No, you don't have to. If it's over $500, 1 mean he can take it out of his budget if he wants to, but if you got that part of it, I would suggest you okay the change order not exceed $1,000 and then you are probably pretty safe. Bird: Yeah, but Chief is going to use $1,000 if I give it $500, he'll only use $500. Meridian City Council Meeting August 3, 1999 Page 35 Gordon: Mr. Mayor, Council, Councilman Bird, the contractor was talking awful fast because he wasn't too sure if he forgot it or it slipped by or what, and so I'm sure he's going to be real reasonable. He said he would even split the cost with me and he would keep it down under the $500. Bird: Mr. Mayor I move that we approve a change order at the dog pound to put 220 in to the building not to exceed $1,000. Bentley: Second. Corrie: Motion made and second to approve the change order not to exceed $1,000 for the dog pound at the 220. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: I'll entertain a motion to adjourn. Rountree: So moved. Bird: Second. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK