HomeMy WebLinkAbout1999 02-02MERIDIAN CITY COUNCIL MEETING FEBRUARY 2. 1999
The regular meeting of the Meridian City Council was called to order at 7:35 p.m. on
February 2, 1999 by Mayor Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Mayor Bob Corrie, Will Berg, Bill Gigray, Bill Gordon, Gary Smith,
Brad Hawkins -Clark.
Corrie: Tonight I want to welcome each of you here this evening. It's kind of a cold, wet
night, but glad to see you out. Also welcome Troop 130 from the Meridian area, and
also Troop 30 from the Meridian area, so welcome to the meeting tonight. Council you
have the consent agenda, items A, B, C. What is your pleasure on the consent
agenda?
Rountree: Mr. Mayor, I move that we approve the consent agenda items A, B, and C.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird that we approve the consent
agenda A, B, and C. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: All ayes.
Corrie: With the Council's approval I would like to move one item and add one. The first
one is the 1997-98 fiscal year audit report. I would like to put that at item number 11A.
Kevin Anderson's daughter is at the Meridian High School and has an activity there and
he would like to be a little later if it's possible and also to the audience I would like to
add under Department Reports, item C, Attorney Bill Gigray to report on a couple of
items. So with the Council's approval, I'll entertain a motion for that effect.
Rountree: Mr. Mayor I move that we move agenda item one to position 11A on the
agenda and that we add to the agenda an item C under Department Reports for
discussion from City Attorney.
Bird: Second.
Corrie: Motion is made and second that we move the regular agenda around and
adding City Attorney at Department Reports. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: All ayes.
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February 2, 1999
Page 2
2. TABLED 1/19/99: REQUEST FOR REIMBURSEMENT OF WELL
DEVELOPMENT FEES BY DAVID LEADER FOR DOVE MEADOWS #2:
Corrie: I'll open with staff comments. Brad, do you want to start and then —
Smith: Mr. Mayor and Council members, this is a request by Dave Leader, developer of
Dove Meadows No. 2 for reimbursement of the well development fees that he paid as
part of Dove Meadows Subdivision No. 1 development. These fees were paid in lieu of
the installation of the pressurized irrigation system in that subdivision. At that time City
Council was allowing the developers to either install pressurized irrigation or pay a well
development fee per lot that was determined by my department. When Dove Meadows
Subdivision No. 2 came before you for approval, the requirement was made by my
department or requested by my department for Dove Meadows No. 2 to provide
pressurized irrigation to those lots that were adjacent to the boundary those lots in
number one subdivision that were adjacent to the boundary of number two. The
developer agreed to do that. He had requested at the time according to the minutes that
I have on file that he be reimbursed the well development fees for those lots that he
would serve in number one from the pressurized irrigation system in number two. The
approval of the final plat of Dove Meadows No. 2 did not address that request. Mr.
Leader has subsequently provided pressurized irrigation service from the number two
subdivision I believe ten lots adjacent in number one subdivision that are adjacent to the
number two. He is requesting the reimbursement of the well development fee for those
lots to which he has provided service from the number two pressurized system. At the
same time it is my understanding that he has charged the residents of those lots $225 1
believe it is each for the cost of installing the service. I don't many of the details of that
installation to each lot. There were 17 lots I believe that could have been served by
pressurized irrigation from the number one subdivision. Since this is a Nampa Meridian
owned and operated system in number two subdivision Nampa Meridian required that
each lot owner agree to or sign up with their agreement that they have for service. It is
my understanding that out of the 17lots, only ten would agree to sign that agreement
with Nampa Meridian. There are five that didn't sign and there are two lots I believe that
are still owned by Mr. Leader. We ask our city attorney for his opinion on the request
and he responded and I believe that you have a copy of his memo when he responded
to myself and Bruce Freckleton, my assistant. My department does not have a
recommendation to you tonight specifically as to what action we think you should take. I
think Mr. Gigray's comments are pretty self explanatory, and he may want to reconvey
those verbally to you if you so desire. One of our concerns was if the pumping station in
the number two subdivision was sized for provision of water to these lots in the number
one subdivision then there would be some costs that Mr. Leader has put forth that could
be considered for reimbursement in that regard. I don't know what those costs are in
dollars per lot. For the pump station if there are any additional costs in the distribution
system besides what the lot owners paid, and that's something we need to get from Mr.
Leader. Bruce Freckleton talked to Dave today and requested that he be here tonight to
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February 2, 1999
Page 3
address you and he is here, and I think he had some other information that might be of
value to you. I think that's all I have that I can relate to you as to the circumstance of
the request.
Corrie: Thank you Gary. Any questions of Gary from Council?
Anderson: I have one Mr. Mayor. Gary am I understanding this correctly too that part
of these lots never hooked up to that irrigation system. Some of them are using City of
Meridian water for sprinkling?
Smith: Yes, that's correct.
Anderson: Are those lots in this request for reimbursement too?
Smith: Yes, I believe there are five lots that are connected to city water. It's our request
and has been our requirement that at the Public Works Department that if a lot in a
subdivision has pressurized irrigation available to it, whether that lot is using ditch water
or an on site well a ground water well that the resident disconnect from the city system
because there isn't any reason for them to be connected. In this case the pressurized
irrigation system in the number two subdivision utilizes ditch water while water is
available but there's also a single point connection that was constructed that could
provide city water through a single point and therefore water would always be available
at least as the irrigation district would control it because they make the request to turn
the water on once the ditch water is out.
Anderson: So your department can request it. Can you require them to do that?
Smith: I don't know the answer to that question Councilman. I'm not sure. The cost of
the water that goes through the single point would be billed to Nampa Meridian Irrigation
District. They would be responsible to pay the City of Meridian. How they collect that
from the residents, I'm not sure. I don't know if they send a bill to the homeowners
association who then collects from the homeowners or if they bill each individual home
owner as part of their irrigation water assessment. I'm not sure how that happens.
Anderson: Thank you.
Bentley: Gary I don't know if this was what Ron was aiming at but my question would
be is these five lots that aren't hooked up that are using city water for watering. Wasn't
that a requirement that they be hooked up to pressurized irrigation?
Smith: Well we requested in our recommendation to City Council when the final plat for
number two came before you that the developer connect the adjacent lots to
pressurized irrigation and the plat was approved with that recommendation included, so
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February 2, 1999
Page 4
the answer to your question is yes, they were required to connect those lots to the
pressurized irrigation system.
Bentley: Okay but we've allowed them to use city water to water their lawns.
Smith: Well I think they were in operation before the second phase came on line. So
they were utilizing city water to sprinkle their lawns prior to.
Bentley: So what's our recourse to get it switched over?
Smith: Well we don't have an ordinance requirement. We make that request that they
disconnect. But there isn't an ordinance requirement that we can hang our hat on.
Bentley: Thank you.
Corrie: Any other questions?
Bird: I have none.
Corrie: Would you like to hear Mr. Leader? Dave?
Leader: Thank you Mayor and City Council. Do I need to identify myself? David
Leader, 110 Parkway Drive, Boise, Idaho. Let me at least hand you some information
here that apparently I haven't got to everyone. One is the twelve agreements of those
lots that basically authorizes Nampa Meridian to charge them for the usage and for
maintaining the pressurized irrigation system. We could not add any lots in number one
without these agreements because then Nampa Meridian wouldn't accept our system
because there would have been somebody getting pressurized irrigation water that
wasn't paying for it and they wouldn't have had any way of charging them. It's a little bit
like the city here. You know maybe in a situation where now they have pressurized
irrigation and they haven't switched over, but anyway I will hand you these. Also a copy
of the letter that was sent to all the property owners that were adjacent there, and
there's some extras of those and then there's a couple letters here from MASCO stated
what they would charge to put these services into those, so if I can give those to you.
Basically what Gary's recollection is pretty much the same as mine in that when this
came up I said that I wouldn't object to providing services to those lots as long as I
could get the well development fees reimbursed and as I recall the comment was that I
did have to come back before the City Council. That had been the practice and that
was what they were currently doing, but it would have to be approved by the City
Council, so basically I went forward with that assumption. Again I did read your
attorney's opinion here. I certainly don't know what ordinances apply and what ones
don't. I guess I would have to say if you're getting into the legal end of it, I don't believe
that that would be a valid requirement to require me to provide service with no
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February 2, 1999
Page 5
reimbursement to neighbors. Again I own none of those lots. The two lots that Gary
referred to there I guess, one of those lots I did own that wasn't adjacent and we
extended a service to cover two lots that were not adjacent because we felt that there
was value there on those large lots to have pressurized irrigation. And again in keeping
with the city's policy to have pressurized irrigation to cut down on their domestic well
cost I certainly didn't have any objections to it. But also I felt that I should have a
method of reimbursement. And I don't know that the cost is really germane here to the
conversation, but on that system that we put in I did look up to see roughly what my
costs were and it was around $775 a lot for the mainlines and the services and about
$270 a lot for the pumping station to supply the water to the subdivision so the total cost
was right a thousand dollars a lot for phase number two. Now in phase number two
because additional cost of putting in a pressurized irrigation system we charge a higher
price for those lots than we did in Dove Meadows No. 1. Again going back and
improving those lots in number one in my mind those homeowners had — there was a
value there, which if there's some question about why did I charge $225, 1 guess there's
a couple of reasons there. One if you get something for free, you sometimes treat it like
you got it for free and you don't — well I got pressurized irrigation and someday I might
use it. I figured if they were actually paying something for that service which was the
exact cost that it cost to have MASCO run that service connection into their lot, then
there was a stronger likelihood that those people felt hey, I've paid my money now I've
got to justify and hook up to it and use it. Basically I was under the impression that
when this was over with I could come back and ask for these reimbursements and that
as a normal practice would be allowed. I had talked to other developers and my
understanding is that is what they did where they did a second phase of a subdivision
and they had to put in the pressurized irrigation where they hadn't put it in the first
phase or it wasn't required in the first phase. Just like in this case had we known that
we were going to have pressurized irrigation in the second phase it would have been
more economical for us as it turned out because we were able to combine with two
other subdivisions and get a pumping system that serviced a larger area. It didn't work
out too bad, but had I had to build a system for Dove Meadows No. 2 alone, it would
have been prohibitively expensive and we could never have built the Cadillac system
that we did.
Corrie: Council, questions of Mr. Leader?
Leader: That was what went out with the — that they needed to sign and that's like
those agreements that you see that are signed. I guess I might comment on one thing
as far as these as you can see from the letter now I never stated or said anything about
they were going to be required to switch over, which I didn't know that they were and I
guess then my reputation gets a little bit involved as you can say hey you got
pressurized irrigation now. Now you've got to switch. Now I assumed again that most of
these people would have switched if they hadn't already and again it is a very good
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February 2, 1999
Page 6
system if we didn't have backup or anything, then there might have been some
hesitancy.
Corrie: Any questions?
Bird: I have none.
Leader: Thank you for your time.
Corrie: Council have any questions of the City Attorney?
Rountree: Mr. Mayor, I'm still a bit confused, but I don't think I'll ever get any otherwise
on this particular matter. It seems to me that there's an implied end that we had with
our ordinances and our desire to encourage people to not use our city water for
anything other than domestic purposes and we did then encourage pressurized
irrigation systems. Unfortunately these developments occurred in a transition period.
Obviously we didn't catch all the pieces as the final plats went to press, but it seems to
me that Mr. Leader took the guidance or the concern for the city when he finalize the
second phase and try to implement the best he could the pressurized irrigation in the
first phase. Having already paid well development fees, not to ramble on anymore, but
it seems to me and it's more a question of fairness and were the right things done for
the right reasons, and I think probably yeah, and I can see where we need to maybe fix
our ordinance to require hookup when pressurized irrigation is available because it's not
a requirement with the new subdivisions they have pressurized irrigation. But it's not
mandatory that they necessarily hook up so we may want to look at that weakness in
our ordinance, but my position would be to accept Mr. Leader's request and reimburse
for a least the 12 hook ups that have been provided.
Corrie: Any other comments? Mr. Bentley.
Bentley: Yes, I would agree this was in the middle of our transition thing and as I
pointed out the question to Mr. Smith on it. I feel that we need to address this ordinance
issue and make these issues mandatory hook up, especially when we're talking about
the extra connections and the possibility of water flowing back into the system. This is
just another part of it we're going to have to address. So if we could have the city
attorney make a note and see if we can't rectify that ordinance a little bit and I too would
be in favor of the reimbursement. Thank you.
Corrie: Any further comment from Council. Hearing none, I'll entertain a motion to
accept or deny or table.
Bird: Mr. Mayor, I understand it's 12 lots. Is it $406 per lot?
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February 2, 1999
Page 7
Leader: Yes.
Bird: So it's $4872.
Anderson: Mr. Mayor I would make a motion that we reimburse David Leader for the
well development fees of Dove Meadows No. 2 for the 12 lots in question in the amount
of $406 per lot.
Rountree: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Rountree to approve the request
of 12 (inaudible) for Mr. Leader at the cost of $406 per lot for Dove Meadows No. 1.
Any further discussion? Hearing none all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
3. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND
ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 —
WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD:
Corrie: Council, I believe you have in your packets that there was a request by the
architects that we continue this public hearing until February 16, 1999. However since
this is a continuation of the public hearing, is there anyone from the audience who
would like to testify in this request tonight? Okay, it will be continued if the Council so
desires until the February 16th meeting.
Bentley: Mr. Mayor I have a question. We received in our packet tonight another letter
from Mr. Greg Ruddell dated January 29, 1999. Is this to be entered in as testimony?
Corrie: No, that was just a letter that was sent to you in reference to a letter that was
sent on to the school board that they wanted you to be informed of what was happening
in that area. I think it is a moot point with the school, but Mr. Gigray, do you have any
comment on that one?
Gigray: Mr. Mayor and Councilman Bentley, one thing that you may want to make clear
as to whether or not it is part or not part of the record because it might make a
difference if somebody would seek a judicial review as to whether the Clerk would
include it in the record or not. I also would recommend for your consideration this
evening if you desire to continue this public hearing which you can certainly well do
without renoticing it, if we have similar requests on to the future because I believe this
has been continued twice before, you might give notice to the school that if they
anticipate further continuances that you might consider renoticing it because it will be
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February 2, 1999
Page 8
getting a little bit old after a while. I think we're okay now and I think at some point that
issue could raise its head.
Bird: Mr. Mayor I think we had a letter before the last Council meeting that was from
this Mr. Ruddell that was entered into the record. Am I not right? So would this
correspondence — shouldn't this also be entered into it?
Rountree: Mr. Mayor, I guess my response to that Mr. Bird would be that the letter we
received at the last meeting was specifically directed as input into the hearing. This one
seems to me is just general interest to the Mayor and City Council as to where this
particular individual stands on the issue. I would not be in favor of entering it into the
record unless he so indicated.
Gigray: You should for the record, Mr. Mayor and members of the Council, if you
choose not to include it in the record I would also recommend that you make a
statement that it will not be considered for any purposes in the decision of this matter so
it's clear.
Rountree: That's fine. I don't have a problem with that.
Corrie: Any further discussion?
Bird: I have none.
Corrie: Hearing none, I'll entertain a motion.
Rountree: Mr. Mayor I move that one, we continue the hearing on item number three
Meridian Joint School District No. 2 request for the west side of Eagle Road and that the
letter received January 29th to the Mayor and City Council not be accepted into the
record nor be used for any decision as it relates to this particular item.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to continue the public
hearing until the 16th of February without receiving the letter that was given to the Mayor
and City Council by Mr. Ruddell. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: All ayes.
4. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING FOR
MIDVALLEY BUSINESS PARK SUBDIVISION BY HUBBLE ENGINEERING —
NW OF EAGLE ROAD/1-84 INTERCHANGE, WEST OF TEXACO.
Meridian City Council Meeting
February 2, 1999
Page 9
Corrie: At this time I will open the public hearing and request comments from staff.
Hawkins -Clark: Mayor, Councilmen, as you know this application there's three different
components to it really. The annexation, development agreement and a conditional use
permit. At your January 5 meeting, you continued the public hearing for annexation
really for the purpose of review staff and the applicant, Hubble Engineering, the
requirement that was in the conditions that the conditional use permit be required for
each of the subsequent lots in this subdivision. Other than the primary lot that would be
built on, there would be I believe four vacant lots, and to my understanding Shari Stiles
has not had the opportunity to review the development agreement which was drafted by
Mr. Gigray and then followed it was reviewed and comments were made to that
development by the applicant. Since one of your requirements was to have staff meet
to talk this over with the applicant and Shari due to a family illness has not been able to
do so. I think the staff position right now is to really hear from the applicant at this time
and allow some dialog to take place regarding this specific condition about the
subsequent conditional use permits being required on those lots that are going to be
vacant.
Corrie: Is a representative from Hubble Engineering here tonight?
Nickel: Mr. Mayor and members of the Council nice to see you again. For the record
Shawn Nickel from Hubble Engineering, 9550 Bethel Court in Boise. I just found out
this afternoon that Shari has not yet reviewed that development agreement. I did
submit that to her last week and also to the City Attorney and I actually met with Mr.
Gigray and we sat down and reviewed it briefly. I would like to go forward with the
discussion on the development agreement even though I do understand that Shari
didn't get a chance to review it. I feel that I have tried to meet the requirements that she
wanted put into the development agreement that it would allow the city to feel
comfortable with taking out those conditional use requests for those remaining four lots
in our subdivision. If you were to table it for another two weeks, we're running out of
time in getting our building permits. We're trying to break ground April 1St. As you know
we've been working on this going on six months now, and I do have a packet here that I
would like to pass out to you that has copies of your minutes from our December 15th
meeting and within those minutes are some comments that Shari had regarding the
development agreement containing that type of component that I've highlighted for your
review that I would like to go over with so if I could pass these out. Before I begin, Bill
did you have any comment or are we going to go ahead with the public hearing?
Corrie: Yes we are.
Nickel: Thank you Mr. Mayor. I guess what we're here for tonight is just kind of some
housekeeping because you did approve on December 15th the annexation and rezone
request along with the preliminary plat and the conditional use permit for our office
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February 2, 1999
Page 10
building. As I stated we submitted this application back in September of '98. In October
P & Z made a recommendation. In November the P & Z adopted their Findings.
December 15th the City Council heard and approved those applications. One of my
requests was to remove the conditional use requirement for the remaining four lots in
our subdivision. That was tabled until January after the holidays to allow myself and
staff time to come up with a developer agreement. Because of the time constraints with
the holidays, we were unable to do that so we tabled it to tonight's meeting and
renoticed it. We posted the site again in order to open it up so we could review it
tonight. There was two issues that I wanted to go over tonight. The one was the
conditional use issue and the other one was back on December 15th meeting, I also
brought up the Planning and Zoning Commission's request to place a condition on our
application that prior our occupying our building that that new road would be constructed
connecting Allen Street with Eagle Road. I do have a copy of the minutes in that packet
and as you — one of the Councilmen's motion and then it was seconded that that
condition be removed from the conditional use permit. I'm just bringing this up at this
time because I notice that it is still one of the conditions. If you look on page two of my
packet, that 1.14 condition in the Findings of Fact that's still part of that document. I just
want to make sure that that is removed because that is something that you already
agreed would be removed. Then my second issue is with the conditional use permits
being removed from the developer agreement or being mentioned in the developer
agreement and removed from the Findings of Fact. On page I guess starting on page
number 10 of my packet is the resubmitted developer agreement that I did put into the
outline that I got from Mr. Gigray as to the type of form that he wanted to see the
developer agreement so we scanned that and put it in his form. On page 13, page 15,
and then again on page 17 1 have red lines in there and those are the requested
changes to the developer agreement that we're proposing that we feel is appropriate to
give the city a level of comfort in granting our request to remove the conditional use
requirements for those remaining lots. If you look back on page number 4 of the
minutes that I included in my packet, one of Ms. Stile's comments regarding the
developer agreement was that it contained that tie down the development particularly
with signage, landscaping and access, and I have done that in the developer agreement
that you have in front of you tonight. I've also placed requirements on landscaping,
parking, signage, fencing, lighting. All of those we are agreeing that we will go through
a design review with the city.
Corrie: Excuse me Shawn, do you have another copy that we can get to grab?
Nickel: I don't. I'm sorry.
Bentley: Go ahead and let Gary look at one.
Nickel: Basically what I'm saying in this developer agreement is that we the developer
agree that those 15 uses that I have listed A -N, which are listed as principle permitted
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February 2, 1999
Page 11
uses in the C -G zone be exempt from the conditional use requirements that are part of
the Meridian Comprehensive Plan. Any other use in the C -G zone that currently
requires a conditional use permit would obviously go through the proper procedures
through the City of Meridian. Further down as I get into landscaping, lighting, fencing,
parking, signage, I've included a gaviot in each of those requiring us as the developer
or anyone we would sell those lots to provide the City of Meridian with a detailed plan
prior to development and that way the City could review for compliance with the city
ordinance. Then my last addition 6.7 Meridian ordinance states that the developer
agrees upon the development each lot owner within the development shall develop their
lot in a manner that meets all requirements of the Meridian Zoning Ordinance
specifically the developers shall adhere to the building setbacks, height restrictions,
design criteria and allowed uses in a C -G zone. So we feel that we met the intent of
what Shari was wanting to see as far control over those uses, and we would request
that you tonight grant our approval of the developer agreement as we have submitted
and also that we get the ordinance for the annexation approved this evening and move
ahead with approval of the conditional use permit so we can get started on our
development. I would also ask that if possible we could waive the three reading rule. I'll
stand for any questions you might have.
Corrie: Any questions from Shawn?
Bentley: I have some for staff.
Corrie: Anyone else wish to testify in favor of this? Anybody want to testify in
opposition at this time?
Barns: Mayor and Council, Bob Barns, 2855 Magic View Drive, adjoining lot to the
Hubble project. I guess really all I had was a question but I don't know how to get an
answer other than come and talk. My question was with Shawn and the fencing thing
and that's part of the conditional use that you're discussing right now and having a lot
adjoining them, I just need to know what's going on.
Corrie: Okay we'll find out for you.
Barns: And that was my only thing of any question other than I think it's a great project
and we support it and would just like to know how we fit in here as far as neighbors.
Corrie: Okay, thank you Bob. Anyone else wish to testify? Okay Shawn would you like
to come up and answer that question for us.
Nickel: Mr. Mayor I can address Mr. Barn's question. Starting on page 18 of my packet
under the developer agreement, excuse me page 17, 6.2 landscaping. I'll read that for
the record and for Mr. Barns. "The developer agrees to provide a 20 foot landscape
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February 2, 1999
Page 12
buffer along the entire western boundary of lots 1, 4 and 5 of the subdivision." That
would be the boundary that we have in common with Mr. Barn's property which he is
next to lot 5. We are providing a 20 foot wide landscape buffer to meet the Meridian
landscape requirements and then on page 18 of my packet under 6.4 for fencing, the
developer agrees to construct a six foot high screen fence along the entire western
portion of lots 1, 4 and 5 of this subdivision. Maintenance and upkeep of the fence shall
be the responsibility of the established property owners association. Then I've also
included once or it could also read if and when the property to the west is developed as
a commercial use, each lot owner in the subdivision may negotiate the removal of the
fence with the property owners to the west. Then the construction of the fence shall be
subject to the specific requirements of title 9, 605 of the Meridian Zoning ordinance, so
that's how we've addressed the issue with Mr. Barn's property.
Corrie: Let the record show that I got a thumbs up from Mr. Barns. Thank you Bob.
Okay questions to staff.
Bentley: Gary and Brad, I know this is kind of short for you. On his page 17 where it list
the approved conditions for the special conditions for the development where they have
A -N listed. How does that appear to you as far as compliance with the proper uses?
Hawkins -Clark: This is by recollection only. I don't believe we have the schedule of use
control here, but each of those is (End of Tape)
Hawkins -Clark:... listed as stated in the agreement that they are permitted uses outright
in the C -G zone, and so without a change or an amendment to the zoning ordinance of
the schedule of use control this would be a standard guideline for any development
there whether it was part of the subdivision or not.
Bentley: Thank you. Do you have any comments on this Gary?
Smith: No, I don't.
Bentley: Thank you.
Bird: I'd like some comments from Mr. Gigray regarding this. He is probably the most
familiar. He's looked it over more than any of us.
Corrie: Mr. Gigray.
Gigray: Mr. Mayor and members of the Council, I would like to acknowledge that
Shawn Nickel has called me a number of times and we did have a meeting and he did
go over with me what his proposal was on behalf of his client, Hubble Engineering, and I
appreciated the fact that he used our form and then he has red lined so you know
Meridian City Council Meeting
February 2, 1999
Page 13
exactly what proposed changes they would like to make. And I found that very helpful
too in working with him. I think the issue is a simple one here. That is I think you have
to decide whether or not if you should grant their requested annexation and zoning, that
the development agreement would provide that they would not have to get conditional
use permits if they use — if the developer of those other lots proposed to put in any kind
of development that had the type of use that specified in the revised section 6.1. If you
go with what their position is as I understand it then you would adopt and we would
have to look at our findings and then we would have to revise this development
agreement to provide for this provision. If you go as I understood it with the
recommendation of the Planning and Zoning Administrator to require conditional use
permits as we originally drafted this for the other one, I think for all of those lots and I
think his position is stated to me that their concern was that their lots are less sellable
and maybe of less value if a buyer has to buy it knowing that they have to get a
conditional use permit granted before they can develop on it as opposed to marketing it
and saying that you can develop it with these uses subject to these other conditions
without a conditional use permit with staff review and I think staff review is another
provision in this development agreement that they've asked for. My position on this
would be certainly we do whatever the Council desires to do. There would be some
minor language changes that I would propose in a final draft of this document that are
more housekeeping type things rather than major issues, and I don't think we'd have
any problem working with them on those. If you decide to accept their recommendation,
what I will need from a staff standpoint would be to have you go ahead and move on the
Findings of Fact and Conclusions of Law because you haven't adopted those yet. You
could then proceed because the other thing we did and we have before you I believe on
the subsequent agenda item is a draft ordinance which we have I believe approval from
Public Works now on the legal description and do a first reading on that. But I would not
recommend that you pass the ordinance until you have a signed development
agreement which has been my recommendations in the past. We could have the
revised development agreement before you at the next Council meeting so that could
be acted on at that time and then you could proceed to finish the annexation. The
conditional use permit you could continue the public hearing or have the public hearing
on it now because I think it's also scheduled as a later agenda item. But my
recommendation on the conditional use permit is that you should not take final action on
the conditional use permit until the annexation ordinance is passed and is published and
is logged because they are not legally subject to your ordinances for the granting of the
conditional use permit until that has occurred, and so I think the main issue here is I
heard it posed by Shawn Nickel from Hubble Engineering as timing, and that would be
my recommendation in terms of how you would proceed on the procedure. How you
choose to go about either going with the conditional use permit or going with their
proposal. It's a matter of your own discretion at this point, and we can work with the
language either way.
Meridian City Council Meeting
February 2, 1999
Page 14
Corrie: For clarification Mr. Gigray we need to do the Findings of Fact and Conclusions
of Law on the annexation and zoning or we didn't already do that?
Gigray: As I understood the record as I reviewed it for this meeting, a question came up
at the last time this was held that there was a dissatisfaction with one of the findings that
was in there and there was an issue about whether or not this would have to take more
input in the public record in order to deal with that and so you accepted my
recommendation to open this back up for a public hearing so no final action has been
taken on that yet. And this allowed you to take this additional testimony this evening on
this issue.
Corrie: Just wanted to make that part of the record.
Gigray: It's kind of confusing. I can understand.
Corrie: Okay hearing no more testimony I'll entertain a motion to close the public
hearing.
Bentley: So moved.
Anderson: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Anderson to close the public
hearing. All those in favor of the motion say aye.
►TAIs] 19 NL[y_1VV12 101/_1IW_\'12 601
Corrie: You've heard the Counselor's recommendation.
Gigray: Mr. Mayor and members of the Council, thank you Mr. Mayor. While you're
deliberating on this if you should choose to change — you have before you a draft
Finding. You can accept those as they are. I believe the request was to remove item
1.4. If you decide to vote to remove item 1.4 1 will then revise those and have them for
your approval at the next Council meeting and then we can go ahead at your direction
on the development agreement, which is the next agenda item and have that ready for
the following Council meeting and have it submitted for signature even before the
Council meeting, and then if you've made decisions on that then you can move on to
the agenda item of introducing the ordinance of annexation and doing the first reading.
Bentley: Mr. Mayor I would move we approve the Findings of Fact and Conclusions of
Law with the exception of item number 1.14 provision be on the Eagle Road access be
dropped.
Meridian City Council Meeting
February 2, 1999
Page 15
Bird: I second it.
Corrie: Motion by Mr. Bentley second by Mr. Bird that we accept the Findings of Fact
and Conclusions of Law of the annexation and zoning of Midvalley Business Park with
the exception of dropping item 1.14 from the Findings and Facts. Any further
discussion?
Rountree: Mr. Mayor does that version of the Findings of Facts that you're referring to
Mr. Bentley also include a provision that all conditional use permit — all processes or
activities in there be subject to a conditional use permit? Maybe Mr. Gigray can answer
that.
Bird: I'll pass to Mr. Gigray. I think he can answer that. I think that comes under the
development agreement, don't it Charlie?
Rountree: Well if it's in the Findings of Fact —
Gigray: Mr. Mayor and members of the Council, with your permission and if you want to
put it on the record that if you want to decide the issue on the development agreement
and then direct me to revise the Findings in accordance with your decision on all of
those, we'll make sure that's all done, because that is something that I have to go back
through all of that and take out in accordance with your decision making, and what I
would do is this is a safety valve is we will revise all these and then they'll be back
before you at the next Council meeting. Although you've already taken the action
tonight.
Rountree: We could move forward with Mr. Bentley's motion and then after we talk
about the development agreement if we want to revise the findings to reflect that. Okay.
Corrie: Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
5. DEVELOPMENT AGREEMENT FOR MIDVALLEY BUSINESS PARK
SUBDIVISION:
Corrie: Any other comments from staff? Any comments from Council to staff?
Rountree: I have no questions, but I do have a comment. I still have some concerns
with some uses that are listed in the revised agreement that's been presented to us.
6.1, the commercial laundries and wholesale facilities. The remainder of those I think
are defined well enough that we can probably apply the rest of the signing getting body
language and hand signals, that that's probably okay. I'm not going to go any further.
Meridian City Council Meeting
February 2, 1999
Page 16
Corrie: Mr. Rountree what was the —
Rountree: Commercial laundries and wholesale facilities, item G and item N on the list
in 6.1.
Gigray: Mr. Mayor and Councilman Rountree, the way I would propose to revise some
of the language will take care of that too so we won't have to worry about the fact that
that might be permitted under the ordinance otherwise, so this will work real well.
Rountree: Okay.
Corrie: Any further discussion?
Bentley: I have a question for the rest of the Council. Item 6.7 where it states
developer agrees upon development each lot owner within the subdivision shall develop
their lot in a manner that meets all requirements of the Meridian City ordinance,
specifically the developer shall adhere to building setbacks, height restriction, design
criteria and allow uses for the C -G zone. Should we have some kind of review with the
Planning and Zoning? Well the wording to me just if you think you're okay you go
ahead with it.
Corrie: (Inaudible) I think that it says meets all requirements of Meridian Zoning
Ordinance, but they specify particularly those. I mean it's up to you.
Bentley: But that is my point. Is this vague enough? Mr. Gigray?
Gigray: Mr. Mayor and Councilman Bentley, I would point out a proposal a revision of
section 5.12, which I believe is page 4 of the proposed development agreement as
provision and I would modify it a little bit but it would say those uses specified in section
6.1 herein will not be required to have a conditional use permit, but shall be subject to
design review by the City of Meridian.
Bentley: That would make me feel better.
Gigray: But that was their proposal.
Bentley: That answers my question. Thank you.
Corrie: Any further discussion? Okay I will entertain a motion on the development
agreement for Midvalley Business Park Subdivision.
Meridian City Council Meeting
February 2, 1999
Page 17
Rountree: Mr. Mayor I would move that we have City Attorney redraft the development
agreement and submit it to the applicant for signature to be returned to the City for
execution so we can move forward with the annexation.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird the motion. Any further
discussion? (Inaudible)
Bird: 6.1 Charlie, G and —
Rountree: Mr. Mayor that was the intent by the redrafting comment because Mr. Gigray
had indicated to me that his proposed changes were going to take care of those, so if
that's an error, I'll restate my motion.
Corrie: Are you comfortable with that?
Gigray: No, Mr. Mayor and Councilman Rountree, I'm very comfortable with that. I said
if you take that action the other changes it will work just fine, but I didn't know whether
or not that was your intention because you had mentioned those two and there had
been no other comment and I didn't know whether the Council wanted to do that.
Rountree: That was my intent.
Gigray: Okay, thank you.
Corrie: Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: So Mr. Gigray if you will do that and get back to us the next meeting.
6. ORDINANCE #810 —ANNEXATION AND ZONING OF MIDVALLEY BUSINESS
PARK SUBDIVISION:
Corrie: Based upon Mr. Gigray's recommendation I believe we need to do that as a first
reading. (ORDINANCE #810 WAS READ) That concludes the first reading of
Ordinance 810.
Bentley: Mr. Mayor I move we approve Ordinance #810 first reading.
Bird: Second.
Meridian City Council Meeting
February 2, 1999
Page 18
Corrie: Motion made by Mr. Bentley second by Mr. Bird to accept the Ordinance #810
its first reading. Any further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES.
Corrie: Mr. Gigray you had a look on your face. Did we do that one right?
Bentley: We need to make sure that it's understood that in order to finish the
proceedings on this annexation of 810 that we need to have a signed development
agreement.
Corrie: Okay. I believe it's —
Bird: We didn't vote on passing this. This was the first reading.
Bentley: Yeah, just the first reading just for the record.
7. TABLED FROM 12/15/98: CONDITIONAL USE PERMIT FOR 24,560
SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH
SECURITY FENCE (MIDVALLEY BUSINESS PARK) BY HUBBLE
ENGINEERING — NW OF EAGLE ROAD/1-84 INTERCHANGE, WEST OF
TEXACO.
Bentley: Mr. Mayor I believe we have to table this until we have the passage of the
ordinance; is that correct? Mr. Mayor I move we table the conditional use permit for
Midvalley Business Park until February 16, 1999.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to table item number 7
until February 16, 1999 meeting. Any further discussion?
Bird: Mr. Mayor this was going to be a public hearing so is there anybody here that was
going to — oh, it wasn't?
Corrie: No, it was not a public hearing.
Bird: Okay. My fault, go ahead.
Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Meridian City Council Meeting
February 2, 1999
Page 19
8. PUBLIC HEARING: REGISTRATION FEES FOR NEW WINTER RECREATION
CLASSES OFFERED THROUGH MERIDIAN PARKS AND RECREATION:
Corrie: At this time I will open the public hearing for item number 8 and the first
comment from staff.
Bentley: If I may interrupt for a second. This is listed as new winter recreation classes,
but on the other sheet it shows spring activity prices.
Kuntz: It should list spring and the correct page of fees should be dated February 2nd
that you have. If you don't have that I brought extra copies tonight.
Corrie: So this is the registration fees for the spring recreation classes.
Kuntz: Correct.
Corrie: Let the record show that this is a public hearing for registration fees for spring
activity prices recreation classes offered through the Meridian Parks and Recreation.
Mr. Kuntz.
Kuntz: Just bringing this tonight for your consideration for adoption. These prices will
be included with the spring activity guide which will be released to the public in
approximately two weeks.
Corrie: Any other comments from staff? Since this is a public hearing is there anyone
from the audience who would like to issue testimony on item number 8 registration fees
for recreation classes? Hearing none, Council questions of staff?
Bentley: Yes, Tom are you teaching the ballet?
Kuntz: No, sir.
Bentley: Oh, I just wanted to know — never mind.
Corrie: Just a little humor there.
Rountree: Beginning spinning maybe.
Bird: They make tights.
Meridian City Council Meeting
February 2, 1999
Page 20
Corrie: I did notice Tom there was no underwater basket weaving in this offered. I've
been wanting to take that ever since I was in high school, but I'll have to wait a little
longer I think.
Bentley: I do have a question. Tom you got to help me on your second page. Soaps,
lotions and body bars?
Kuntz: Our recreation superintendent is here tonight and maybe she can answer that
question for you.
Roberts: It's basically a soaps, lotions and body bars class where they learn to make
soaps and lotions and body bars.
Bentley: Okay thank you. I just never heard of it before.
Corrie: Any further questions from Council to staff? Hearing none, I'll entertain a motion
to close the public hearing.
Bentley: So moved.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to close the public hearing.
Any further discussion? Hearing none all those in favor of the motion say aye.
►VAIs] 19 N 0 1 rVEN V V1'210l/_1IW_\'A2601
Bentley: Mr. Mayor I would move that the City of Meridian adopt the Meridian Parks
and Recreation's 1999 spring activity prices and classes.
Anderson: Second.
Corrie: I believe we have a resolution here that you can do. Mr. Clerk what is the
number on the resolution please. If you don't know we can add to it. All right we'll put
down a possible 210 with a question mark. Mr. Bentley then if you would like to then go
ahead and make a motion for the resolution 210.
Bentley: Mr. Mayor first I retract my last motion.
Anderson: I take away my second.
Bentley: Mr. Mayor I move that City Council approve resolution #210 for the Meridian
Park and Recreation 1999 spring activity prices.
Meridian City Council Meeting
February 2, 1999
Page 21
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the resolution
#210 if that's the number and to make certain Findings of Facts and adopt schedule
fees for services for parks and recreation classes. Any further discussion?
ROLL CALL VOTE: ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. BIRD,
YEA.
MOTION CARRIED: ALL AYES.
9. FINAL PLAT FOR THOUSAND SPRINGS NO. 2 SUBDIVISION BY FARWEST
LLC (MARTY GOLDSMITH) — NORTH OF VICTORY AND WEST OF EAGLE
ROAD:
Corrie: Staff comments?
Smith: Mr. Mayor, Council members, the applicant's engineer, Briggs Engineer has
addressed our final plat comments and we are in agreement with their comments and
they are in agreement with our requirements. We don't have any outstanding issues to
resolve this evening. Thank you.
Corrie: Comments from Council? Hearing none I'll entertain a motion on the final plat.
Anderson: Mr. Mayor I make a motion we approve the final plat for Thousand Springs
No. 2 Subdivision by Farwest LLC subject to the staff conditions.
Bird: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the final plat of
Thousand Springs Subdivision No. 2 with the approval of staff comments. Any further
discussion? Hearing none, all those approve the motion say aye.
MOTION CARRIED: ALL AYES.
10. DEVELOPMENT AGREEMENT FOR KANTI PATEL / HOLIDAY INN EXPRESS
ANNEXATION:
Corrie: Staff comments?
Smith: I have no comments, Mr. Mayor.
Meridian City Council Meeting
February 2, 1999
Page 22
Corrie: Mr. Gigray do you have any comments on this development agreement?
You've seen it.
Gigray: Mr. Mayor and members of the Council this is a if I recall correctly this is a
situation where the developer called me and advised that they are ready to proceed and
that they had a development agreement as a condition of their annexation and a
development agreement had not been prepared so we prepared on in accordance with
the record that we saw and sent it to them and I believe they signed it. So I think they
should be commended for their citizenship and their attention to detail.
Corrie: They have the back attested by resolution #, do we have to do with that or can
we just go ahead and approve the development agreement?
Gigray: The Clerk I believe has the forms for all of that that we do that.
Corrie: Resolution.
Gigray: We have a standard resolution form and I believe Angel has it on file there that
they can go ahead and prepare — you can pass a resolution tonight. You can sign the
resolution and then just put that number in and you and the Clerk sign this agreement.
Corrie: So it would be the development agreement voting and also the resolution. Shall
we do it separately?
Gigray: All in one shot.
Bentley: Mr. Mayor I move that we approve the development agreement with Holiday
Inn Express and authorize the Clerk to execute and the Mayor to sign the resolution.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the development
agreement for Holiday Inn Express annexation and the Mayor to sign and the City Clerk
to attest to the resolution. Any further discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES.
11. SEWER/WATER/TRASH DELINQUENCIES:
Corrie: (MAYOR READ DELINQUENCY NOTICE) The amount of the turn off list is
$42,453.29. I'll entertain a motion for the delinquency turn off list to be approved.
Meridian City Council Meeting
February 2, 1999
Page 23
Bentley: Mr. Mayor I move that we approve the water delinquency turn off list.
Rountree: Second.
Corrie: Motion made by Mr. Bentley: second by Mr. Rountree to approve the sewer,
water, trash delinquency turn off list. Any further discussion? Hearing none, say aye.
MOTION CARRIED: ALL AYES.
Corrie: Kevin if you would like to come up on the financial statement report.
Anderson: Mayor and City Council, my name is Kevin Anderson with the accounting
firm of Balukoff, Lindstrom and Company. I appreciate your sliding me on the agenda
back to this spot. I would just like to report I just watched my senior daughter's last
basketball game. Unfortunately that means they lost. The good news is they lost to the
Meridian Warriors. Our firm did an audit of the financial statements for the fiscal year
ended September 30, 1998. You should have received that packet in the financial
statements. I will take just a couple of minutes. I understand we are going to be in
workshop in three weeks. We'll go over the comments in more detail at that time, but
just to let you know on page one of the financial statements, we have issued an opinion
on the financial statements. It is an unqualified report meaning that the financial
statements do present fairly the financial position of the City of Meridian as of
September 30, 1998. That's the best you can get an unqualified opinion on the financial
statement so you're doing fine there. On page 5 and 6 is the liability and equity section
of the balance sheet and just to report there the general fund has a fund balance of a
little over 8 '/2 million. $8,519,000 at the bottom of the page of which $8,131,000 is
unreserved as of September 30th of 1998. Of that balance if you'll turn back to page
three and four cash and investments make up $8,160,000 of the general fund. So
you're in a very good cash position in your general fund as of September 30th. The
enterprise fund is also in good financial position. Retained earnings of $17,716,000.
Cash investments of a little over 26 million dollars. Net income in that fund was
$2,890,000 and cash flows from operations of $3,065,000. In the footnotes there really
isn't a lot of change from the prior year other than in note (m) it discusses the year 2000
issue. That's disclosure that we're required to make under generally accepted
accounting principles and it lists out the issues that face the city for the Y2K problem.
You're making progress in that area. You're not there yet, but you are — it looks like
from all that we can tell, we'll be Y2K compliant by 2K.
Bentley: I have a question. Speaking of the Y2K problem, I keep hearing now that
they're going to be seeing problems with anything with the digits of 9 and the real
concern is 9/9/99. What problems do they see with that? What would affect us?
Meridian City Council Meeting
February 2, 1999
Page 24
Anderson: I don't know that I've necessarily heard that Councilman Bentley as far as
9/9/99. 1 don't know the answer to that. I will do this though I will check with Steve
Konkel on our staff who has helped the city and see if he has a concern there and
knows of a concern and then I could report back to you at that workshop.
Bentley: That's fine. Like I said, that was the latest glitch they said they found that the
computers are having a tough time with a bunch of nines.
Anderson: Again I have not been made aware of any problems as far as City of
Meridian, but I will also double check to see what I can find out.
Bentley: Thank you.
Anderson: You should have also received a management letter with our suggestions
for improvements. Most of those are very similar to what we talked about earlier. Three
or four months ago when I did the presentation on the 9/30/97 financial statements and
it has staff's response in there. There has been some significant improvements since
the end of the year. Most of those comments are repeat comments because they came
so late in the year, but there is progress being made on that. With that I will entertain
any questions on the financial statements.
Bentley: I looked through here briefly and have not found and I don't know whether you
break this out but I think it would be brought out, but there is no listings for the fire truck
fund or the fire station fund.
Anderson: That is part of the general fund as far as how we have classified it. To my
knowledge that has not be broken out separately into a separate type of fund. It really
just operates as a I guess as a department if you will. Maybe that's a poor choice of
words, but within the general fund, so that is included in the general fund.
Bentley: Okay thank you.
Bird: First of all that would be just an internal city thing wouldn't it? For the actual —
there would be no reason to break that out?
Anderson: That's typically true. I mean you can set up a separate actual fund with
funding and all of that that we would break it out separately, but we have not done that.
To my knowledge in the financial statements we've reviewed that's not been the case
that it's been broken out separately.
Bird: That's something we need to look at because that is — I thought maybe it was
being done internally and still it would be part of the general fund which I understand
that, but internally within our budget year or stuff like that, is that proper?
Meridian City Council Meeting
February 2, 1999
Page 25
Anderson: That is proper. There is nothing wrong with that.
Bird: Okay.
Anderson: Typically I would say that is generally what is done in probably a majority of
cases.
Bird: Mr. Mayor I also want to publicly thank Mr. Anderson and his staff for the fine job
time job that they did putting this audit together. They met our January 5t" deadline and
I appreciate it very much.
Bentley: You need a second on that?
Bird: I don't think I need a second. I think there's four happy Councilmen.
Bentley: And a Mayor.
Bird: And a Mayor too.
Corrie: Okay Council I guess it would be in order that we accept the financial
statements that was presented to us this evening.
Bird: Mr. Mayor I move that the City Council accepts the financial statement for the
fiscal year '98 as presented by Mr. Anderson.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley that we accept the audit report
by Mr. Anderson. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES.
Bentley: Mr. Mayor had we had a request for the fire department on this one? I didn't
think we had either. That was last year's. Okay thank you.
12. DEPARTMENT REPORTS:
A. GARY SMITH:
1. AWARD OF BID — EQUIPMENT PURCHASE (SLUDGE
DEWATERING CENTRIFUGE).
Meridian City Council Meeting
February 2, 1999
Page 26
Smith: Thank you Mr. Mayor and Council members. The first item I have tonight is the
award bid for the sludge dewatering centrifuge equipment, Wastewater Treatment Plant.
We received bids on January 7t" from three bidders to supply this equipment. I believe
you have listing in your packet of those three bids that were received. I'm not sure I do
justice to the names, but Vanderbecken Enterprise bid $261,450. Andritz Runther bid
$327,600. Alfa -Laval bid $346,500. Our consulting engineer on the project Carrola,
Boise did a review of the low bid that was the first one Vanderbecken Enterprise and
they basically came back with us as a do not accept recommendation. Carrola's
January 21 st letter outlines numerous deficiencies in their equipment and non
conformance with our specifications. I think that Brad Watson's memorandum to me, he
states that the Carrola Engineers recommend that the city award the contract for
purchasing the centrifuge to Andritz-Runther from Texas. The apparent lower bidder
was Vanderbecken Enterprise from Italy does not meet any material specifications, has
no similar models installed in North America, does not have spare parts in North
America and a reference site for customer assistance.
Bird: Gary, they don't meet these specs so they can be thrown out. But did the specs
say or approved equal?
Smith: I don't know if the specifications said or approved equal. I did ask if the
specifications were written around any particular piece of machinery and they said they
informed me no.
Bird: Okay so basically with all the specs they met, they don't have a qualified bid.
Smith: Correct. They don't meet the —
Bird: I have no problem awarding it to the other people at all.
Smith: That's our recommendation that it be awarded to Andritz-Runther from Texas
was the second low bidder.
Corrie: Any further discussion? Questions for Gary?
Bentley: I have none.
Bird: Mr. Mayor I move that we accept the bid from Andritz-Runther for the sum of
$327,600 for centrifuge equipment.
Rountree: Second.
Meridian City Council Meeting
February 2, 1999
Page 27
Corrie: Motion made by Mr. Bird second by Mr. Rountree to accept the bid of $327,600
Andritz for the centrifuge purchase bid. Any further discussion? Hearing none, all those
in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
2. JUB ENGINEERING AGREEMENT FOR WATER LINE PROJECT.
Smith: Thank you Mr. Mayor and Council members. The second item I have is the JUB
Engineering Agreement for the waterline project. I request your indulgence in this in
tabling this to the next Council meeting. I was not able to get a final scope of work
worked out with the consulting engineers so I need to postpone this for a couple of
weeks if it's all right with you.
Bird: You need a motion Mayor?
Corrie: I don't think so. It's just under department reports. I'll see that it's on the
agenda.
Smith: All right. Thank you Mr. Mayor.
3. APA
Smith: The last item I have is an item that Mayor Corrie asked me to comment to you
about and that's a request from Ada Planning Association to submit our Transportation
project needs for their inclusion in the transportation improvement project listing that
they are going to be putting together. It's my understanding that they will be meeting
and I have to do this by memory Mayor, but I think it's in March isn't it that they are
meeting? So I noticed the day that APA had included in their memorandum and I guess
it's my suggestion that at the March 2nd Council meeting that the Council make a
decision on and prioritize the projects that you would like to submit to APA for their
inclusion in the TIP. I guess that really means that we need to bring together the two
committee reports that were submitted to you. One is the Transportation Task Force
Committee which has been an annual committee meeting and the other is the Mayor's
Ad Hoc Transportation Committee. There were a lot of similarities between the two
reports that were presented to you. There are some other items that the Ad Hoc
Transportation Committee brought up that the Transportation Task Force Committee did
not address. So I just wanted to — I forwarded a note to Mayor Corrie that I thought it
would be appropriate that we start looking at those two reports and putting something
together that everyone can agree upon and submit to APA as our recommendation for
transportation projects. There's always a long list that is submitted to APA and they
have to in turn I guess work against budgetary requirements through ITD and in turn
they take that to ITD for inclusion. I don't have recommendations at this point other
Meridian City Council Meeting
February 2, 1999
Page 28
than I just wanted to bring it to the Mayor's attention and he asked me to comment on it
to you this evening.
Corrie: If we have no objections, then we'll put it on the March 2nd agenda.
Rountree: Mr. Mayor that actually was my second item on the agenda for discussion of
recommendation for ACHD. I would propose that one we make sure that the
Councilman have both lists and that possibly we make time in our planning session this
month to discuss this particular item and then get our thinking somewhat coordinated
and where we're going to have some bumps that we've got to give some more thought
to and then make a decision in the first part of March and that's consistent with the
timing. Correct?
Bentley: AHCD when we meet with them I believe it's the 18th is also going to be
looking for some questions on the same issue.
Bird: We're meeting the 16th aren't we?
Rountree: 18tH
Bentley: All of them are Thursdays.
Rountree: Thursday the 18th. Noon, there. Correct?
Corrie: That's the word I received so far. Alice is putting it all together and I have not
got those, but I think that's the new one. You'll get the information as soon as I get it to
make sure. I'll see that you get those two lists. (End of Tape)
Bentley: Also they're looking towards what our thoughts are on the couplet too. That's
something else to be considered.
B. CHARLIE ROUNTREE:
Iii M9][00019S&I1100►to] 0WdQ90111a0e]IIDANTI_112K490]►VAILVA IIa12121
Rountree: That came out of our discussion. There's Steve right there. Look at that.
Talk about timing. In our planning session last month we had a discussion with Steve
and Bill about some things that they wanted to accomplish and some activities that they
wanted to look into. I think the end result of our discussion was the consideration of the
city to form a solid waste subcommittee that could work with SSC so they wouldn't have
to wait a month or two weeks to bring some of this stuff to the city, give them an
opportunity or form that they could work through some issues in the next couple of three
months, get some recommendations to the city and move forward as opposed to having
Meridian City Council Meeting
February 2, 1999
Page 29
to schedule time, get on the agenda, talk about issues at a Council meeting, spend a lot
of time bending our ear getting us up to speed and then asking us for a decision. So I
put this on there because I indicated that I would bring it up for discussion tonight. And
for the Council to consider. Establishing a solid waste subcommittee, I would
recommend that at a minimum we have five folks make up that committee. I've got a
list of either positions or people I would recommend that either the Public Works
Director or the Water Supervisor be a member, somebody who has some physical tie
and information to SSC with either in the MUBS group possibly Reta, a Council
member, Planning and Zoning Chairman and I'm at a loss for the fifth person, but I
would like to have five so we have an uneven number if we vote on anything.
Bird: How about a citizen at large?
Rountree: A citizen at large would be good if we could find somebody that would be
willing to do it that would have some expertise in the area, but I don't necessarily —
yeah, the police chief. I don't have anybody in mind. If we could get a citizen that
would be great. But possibly another —
Bentley: Lori just left.
Bird: You know there might not be a bad idea to have somebody off the Chamber.
Rountree: That's probably a good idea. Maybe the Chamber could give us a name of
somebody that could serve in that capacity. Anyway those are my thoughts having
talked to Steve about it a little bit and having had the discussion in the planning session.
I'll throw that out for some discussion this evening and hopefully we can move forward
with establishing this subcommittee and I think we'll get a better product and we'll
certainly be able to provide our service back to SSC a little quicker than we've been
able to do in the past and save us some time. Any thoughts?
Bird: Charlie, I think that's the best thing to do myself. I think that they'll get a lot of the
red tape done and be able to move forward a lot faster without having to go before all
those.
Bentley: I'd like to hear your thoughts since you missed out on this.
Rountree: Yeah, he wasn't here, but —
Corrie: I think it's a great idea. I mean it's going to help us a lot. It's going to help you
a lot and things to the Council and the committee and go through that committee and
they have a lot of the work done for us.
Meridian City Council Meeting
February 2, 1999
Page 30
Sedlacek: We're not trying to go around the Council at all, but there are hundreds of
decisions to be made.
Bentley: We'd like you to go around us.
Corrie: Clarification Charlie, that committee would they be making what power were
you giving them on this?
Sedlacek: My vision is they would just come back with a recommendation.
Rountree: Yeah. That's what we talked about was you know this was a sounding group
and these guys want to do a recycling program which they want to do. They set some
guidelines, they bring the guidelines to the Council and we approve it. There are some
things I think the group can make some decisions on, but they're relatively minor in
terms of administrative kinds of processes that they may want to do as it relates to
picking up waste oil and some of those kinds of things that they've got to get clarified.
They're already geared up to do it and they're going to start as soon as they can work
out the wrinkles on that thing. The thing that would be good from the committee is
would be to have the committee come to us and say they're going to do it so you don't
read about it in the newspaper and —
Bentley: They did it.
Rountree: I didn't know we were going to do that, but I'm glad we are. You know I hate
surprises in the newspaper, but it happens too often, but no I don't think any of us
envisioned that this was a decision making group. It was an advisory group, but it's an
opportunity for these guys to get it working fairly frequently for the next few months to
discuss the kinds of things that they want to put into effect in Meridian and move
forward on.
Bentley: Are we going to set some guidelines for them or?
Rountree: I would hope that in drafting a resolution that establishes a subcommittee
that we would have city attorney put together maybe the first thing that they establish
their own by-laws. That would be something that they would do. You know just
enacting resolution that we would name the membership and Bill could put the pieces
together and we could vote on that, establish it and move forward.
Bentley: But I mean we need to give them some functional direction so that they know
what —
Rountree: I think I know — the city to the east has one of these so that could be a basis
for — to form some kind of guidelines for us. I don't know if Nampa has got one of these
Meridian City Council Meeting
February 2, 1999
Page 31
things hatched up or not. Ada County might very well have something along these lines
too. Do you know?
Sedlacek: I don't think they do. They have a solid waste director.
Rountree: Do know of any other cities that you know have something like that? Does
Lewiston?
Sedlacek: I think Lewiston, Moscow. I don't believe this committee should necessarily
be permanent. The issue we're trying to deal with we have six or seven programs we
want to implement in the city next year and we really want to push hard to get them in.
This will benefit everybody.
Rountree: And they don't want to have an hour on every agenda for the next three
months here.
Sedlacek: So maybe we could do this for six month a year and disband it. That would
be fine. If you find it's really helpful, keep it. I hope the direction though is to implement
these new programs or not. If you don't want to do them, that's fine too.
Corrie: Well we can set it up as an Ad Hoc with Council's approval —
Rountree: With a sunset clause.
Gigray: Mr. Mayor, Councilman Rountree and members of the Council, I think this is a
very timely motion. One of the things that I am doing now and I've asked Gary to look
at a review as a revision of our own ordinance relating to the granting of this franchise,
reviewing their proposed contract that they had submitted. All of this I have
recommended should be reviewed by some department head or somebody from the
city's point of view, and I think if you appointed a committee, that is another thing that
would have submit to them for their review and with your permission I can draft up a
resolution, have it ready for you to look at the next Council meeting to establish this
committee with some perimeters. You're not happy we can switch it around. We'll
check and see what some other cities did and have it right back for you next Council
meeting.
Rountree: If there's no more discussion I would move that we direct Attorney Gigray to
move forward with that resolution as he indicated and have it ready for our next Council
meeting.
Bentley: Second.
Meridian City Council Meeting
February 2, 1999
Page 32
Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to have the attorney
draw up the resolution form for the meeting 2/16/99 on the proposed solid waste
committee. Any further discussion?
Bird: Mr. Rountree, don't within this motion the Mayor should have five names with
whoever we determine is going to be it, he can these names at this time so we can get
the committee started?
Corrie: (Inaudible)
Rountree: Well we can either have the names or establish the position —
Corrie: I think you have Public Works, Accounting, City Council, Planning and Zoning
Chairman and a citizen at large.
Bird: Citizen at large we need to —
Rountree: So we really need Accounting and a citizen.
Corrie: Charlie just a point of clarification you have a City Council member on it?
Rountree: Yeah, I did. But I didn't have anybody in mind. I mean I'd be glad to do it or
if anybody else wants to deal with that particular —
Bird: You volunteered didn't you?
Rountree: I don't have any problem with doing it.
Bird: You can have it.
Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: We'll have that done Mr. Gigray for us and then I'll give you the names and get
it all set up and I'll converse with the Council on that one.
2. DISCUSSION OF RECOMMENDATION FOR ACHD.
Rountree: And my second agenda item was that that was discussed with Gary. I just
want to make sure that you get on top of that and if you don't have the lists let us know.
Let Bob know or let Will know. I've got — I came by one today from the advisory —
actually it was from Clair to Bob and I guess it was in the minutes or something of APA.
Meridian City Council Meeting
February 2, 1999
Page 33
It came to my office and it's done in a very well organized fashion much better than
what Clair's first letter was to us. So —
Corrie: What date was that letter?
Rountree: This is December 8t". The tables are very clean and readable and the other
one that I have I think looks like it's probably a copy of a fax and some of it's a little
fuzzy. So if you've got that get it in people's boxes and then you should all have the
one from Gary that was a result of the citizens committee. So really it's a melding of
those two that we need to do.
Bentley: Plus whatever we want to add.
Rountree: Plus anything else that you want to add.
Bentley: I think couple we want to add.
Rountree: That's all I've got on that one.
Corrie: One other one I got let's see Mr. Bill Gigray. I asked him to do a couple of
things. One is on this Sherbrooke Hollow Subdivision and then I believe we commented
earlier about the fire station and the ZGA and your comment to me.
C. BILL GIGRAY
Gigray: I just have a couple of things to report. We've been getting a request
concerning those development agreements of the hold overs that have the provision of
the lien in it and the Council has already made a decision and direction that we no
longer include those lien provisions in those development agreements. Because we've
gotten two or three requests I wanted to implement a plan by which those requests
come in that we can facilitate so that we don't have to come to the Council every time
they come up. You will have in your packet for the next Council meeting, this is with the
Mayor's permission, a resolution that would authorize the Mayor and the Clerk to sign a
partial release of that very specific language from the development agreements upon
application of the developer. We have that appropriate information. When they call me
I'm going to send them to Planning and Zoning office. Here's the application. We have
an application form already prepared and we'll have those submitted to you for the next
Council meeting consideration and we can get that out of the Council's hair and we can
get those things put to bed. So you'll be seeing that. Also I developed a form for non
development agreements because they are requesting releases from those from time to
time. We have an application form. They fill that out at Planning and Zoning office, they
would approve it, it would be routed to Public Works, they would approve it. If we have
all the information that would come back to my office for the preparation of the release
Meridian City Council Meeting
February 2, 1999
Page 34
of the non development agreement for submittal for signature by the Clerk and the
Mayor, because that seems to be basically an administrative act but it looked to me at
this point there's no central direction about where to go to deal with those, so that's
what we propose to do on that. One of the important items from my standpoint that I
wanted to know the code revision. We get this code up to date. Will have helped me
out here. I have submitted everything that I had that I could find and Sterling said well
we are still missing some of the parts of the code. Evidently that had gotten boxed up
and then submitted and sent down in the basement and Will found it and I know have it.
And this is going to get done because this is top priority and it needs to get done. So
I've got everything now. And I'm going to try to get that out the door within the next
week or two because I've got it sitting in my office and then the Fothergill Lease
Agreement I've been advised by Dan Steenson that they have approved the agreement.
He sent it to me. It has very small technical changes which I think are appropriate. I've
submitted a copy of that revised lease agreement to Tom Kuntz and to Gary Smith for
review and then we have an appropriate resolution and that will be for your
consideration at the next Council meeting, and I've notified Dan that that will be the time
it would be scheduled so you'll be seeing that at the next meeting. So evidently they
decided to proceed with that and not stall over issues of comments of the Bureau of
Reclamation which I found interesting and I think wise on their part, and there are many
other things that we're working on but those were the main items and then I think there
was a proposal from ZGA on the fire station and I think that in order to give the
department head a chance to review that for scope of work and make sure that the
Council is happy with the scope of work in that and review that and have that back for
your consideration at the next Council meeting get that over with.
Corrie: We also got a good look at going back to that Bureau of Reclamation giving out
the land that the Ada County Commissioners were very adamant that they didn't want to
give that to Meridian.
Gigray: I haven't received any copies of any of the others, so —
Corrie: I'm sorry.
Gigray: Oh, no that's fine. I just —
Bentley: I'll tell you, you should have seen Commissioner Walker jump all over them at
the APA meeting. It was quite interesting and everybody chimed in. Two of them came
to speak and I think they wished they hadn't.
Rountree: Wished they were back on their backhoe. Huh?
Bentley: Oh, yes. They got ripped pretty bad.
Meridian City Council Meeting
February 2, 1999
Page 35
Corrie: At the risk of wishing I hadn't done it, is there anything else from the Council?
Rountree: Did we want to take action on our previous action as it related to the type of
bid we would pursue on the building of the fire station tonight. Or can that be —
construction —
Bird: We were just going to look into it as a committee and recommend Paul at ZGA
had talked to a couple construction managers. No, I don't think we had to.
Rountree: The other point I would like to make and Will was whispering in my ear you
all got an application packet for enhancement projects. Now those are things that are in
addition to what we would normally do on our roadways. You know it could be that we
want to pursue landscaping at the Eagle interchange or landscaping Meridian
interchange or parkways or bikeways or you know there's ten different categories, 12
different categories of the same — you can visualize projects in. So you might pull that
packet out again and see if there's something that you know of that might fall into that
and we could do the coordination with APA on applying for that in addition to our normal
request for improvements to streets because that's money above and beyond what is in
ACHD's budget.
Corrie: Is that state money?
Rountree: It's federal money. We would have to match it, but it's federal money and
the match varies depending on how much your project is going to cost.
Bentley: I'd like to see us do something with the entrances to the city especially Eagle.
I'm not too excited about doing anything with Meridian because they're going to rip that
whole thing out and rebuild it and I realize it's a many moves down the road, but I think
Eagle Road is pretty well set the way it's going to be.
Corrie: It's going to be enlarge too.
Bentley: Yeah, but I mean the basic design is there. You know where Meridian Road is
a total reconstruct and redesign and everything before it's over with.
Corrie: (Inaudible)
Bentley: Do we have to do anything with that deal I handed you?
Corrie: Oh, yeah there was a request put in your box about the Jake brake ordinance.
Do you want to have the City Attorney draw up an ordinance similar to the County's on
Jake brakes in the city?
Meridian City Council Meeting
February 2, 1999
Page 36
Rountree: I don't have a problem with it.
Corrie: They're having a little headaches with — they got it in the County ordinance, but
in each city it's different, so if you wouldn't mind if we had the attorney draw up one of
these, and I'll give you the form and then you can bring it to the Council.
Gigray: Mr. Mayor that would be great because I also will have a new ordinance for
disorderly conduct and false alarm is coming through the Police Department which we'll
have for your consideration for the next Council meeting. I'll add this to it then. I will
submit a copy for the Chief's review of this proposed ordinance.
Anderson: I was just going to ask Bill if when you look at that ordinance will you see if
there's an exemption for emergency vehicles? The fire trucks because of responding
code will wear out a lot more brakes and have a lot more problems with the trucks if
they're not allowed to have the Jake Brakes.
Corrie: I think that they are in that ordinance that they are allowed to use them on an
emergency basis so —
Bentley: I think so too if I remember.
Corrie: Hearing nothing else from the Council —
Bentley: I do have one more thing I lied.
Corrie: I don't know if I want to recognize you or not.
Bentley: I've received a couple more calls people wanting to know if we're going to take
and do anything or if we can do anything on the golf course subdivision the Cherry Lane
the LID that fell through the floor. What are our options on that?
Rountree: We can force an LID. We're not going to be real popular with about 100
people.
Bird: Didn't we turn that LID back?
Rountree: Yes.
Gigray: Point of information to Mayor and Council, yes you can force, if you have
people who opposed the LID and there's more than 60% the procedure then is that the
appeal goes to the Ada County Commissioners and then they have to decide and
there's some procedure there. I'm not sure if it works exactly the same for cities, but we
can draft it. We've been working with the City Treasurer on all your existing LID's and
Meridian City Council Meeting
February 2, 1999
Page 37
think we're straight with where are and what we can do and what we can't do with those
and we've also provided them with information and we can do them from start to finish
when you're ready to roll.
Rountree: The only wrinkle with that would be the same as we had with the last one is
that Nampa Meridian Irrigation District.
Bird: They're not going to change their stance are they?
Rountree: Even if we forced an LID, if people refuse to sign an agreement with Nampa
Meridian Irrigation District, it defeats it. So we can't legislate against that. So we're —
Bentley: My question is so we don't force the LID. They can't get any satisfaction — we
can't get any satisfaction in getting people to sign up with Nampa Meridian. I can't
imagine nobody wants to sign up with them. But what could we do? I mean we can
take it over and plant grass and send the parks department out to mow it or —
Rountree: We can require Nampa Meridian to take care of it.
Bentley: To our specifications?
Rountree: I suppose we could develop specifications for those kinds of lots in the City
of Meridian. I don't know why we couldn't, but we don't have anything.
Bentley: My point is it would be nice if nothing else if there was just mowed grass out
there instead of dried up burning weeds.
Anderson: Why couldn't you make it one of these enhancement projects that you're
talking about that like a (inaudible) path and put a new fence that's on one of the
entryways into —
Rountree: Because one of the problems with that it's federal dollars and you have to
have ownership or you have to have approved easements. That's one of the things
that's killing us on Five Mile.
Bird: Those federal boys have strings attached —
Bentley: My point is I think we need to take whether we just come up with some ideas
on our own at planning session or whatever and try to see if we can come up and do
something.
Rountree: I can tell you what the city can do. They can say okay we won't object to a
fence on the back of the sidewalk. Go put a flier on the front door of all of the people
Meridian City Council Meeting
February 2, 1999
Page 38
that live there and say the city would vary the fence ordinance to allow them just like at
Sunnybrook. Hate to do it, but at least it takes care of that ill. And maybe even go so
far as to subsidize the fence. But —
Bentley: I mean I think it's issue —
Rountree: Yeah, it's ugly.
Bentley: I mean it's just a —
Corrie: (inaudible)
Bentley: I wouldn't care if we did something else like straighten up work with the public
out there to fix the fence and we dole out some bucks to fix the other, but you don't start
something you can't stop.
Rountree: (Inaudible)
Bentley: That's my point. Do we start something we can't stop?
Rountree: If you want to start someplace you start south or you start in Old Town.
Bentley: Anyway I'm done.
Bird: I got one thing. Charlie on the planning session I'd like to see Gary bring a plan
for a trunk fee for no name so we can get this thing implemented and get some money
coming in for that sewer line. I don't know anything about them Gary. I hope you do to
get the trunk fee started.
Smith: I don't have any recommendation from the consulting engineer yet.
Bird: We can get the trunk fee going. We should have it implemented and get some
money coming in.
Smith: I understand that, but I don't know what the basis of the charge is. I mean I
don't know what the —
Bird: We can start at $500. If we have to raise it, we can raise it. I think the law says
we can go five or two fifty.
Rountree: I'm not sure you can do anything like that unless you know what your capitol
improvement is going to cost.
Meridian City Council Meeting
February 2, 1999
Page 39
Bird: You can I think. Well anyway we need —
Rountree: I guess my position on it Keith would be to have Gary just come in and
inform us the principle of the trunk fund.
Bird: Yeah, so we can get it implemented.
Rountree: So when we know we know what the heck we're working with. Move we
adjourn.
Corrie: Motion we adjourn. All in favor say aye.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
ROBERT D. CORRIE, MAYOR
WILLIAM G. BERG, JR., CITY CLERK