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HomeMy WebLinkAbout1999 02-16MERIDIAN CITY COUNCIL MEETING FEBRUARY 16. 1999 The regular meeting of the Meridian City Council was called to order at 7:30 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, Kenny Bowers: Corrie: I'll open the Meridian City Council, Tuesday, February 16, 1999 at 7:30. 1 want to welcome everybody here this evening. Hopefully by the time we get out of here, there will be a foot of rain out on the streets. Either that or snow, I don't know. They say it's rain down here and snow in the mountains. Maybe we can get out before it hits. Council you have the consent agenda items A -H. I would recommend that we pull item C and D off of this and send it back to the City Attorney. They're in the proper forms and there are some things that need to be done with the county codes. Is there any other items on there the Council would like to have taken off? Bentley: Mr. Mayor I would like to have item H pulled off for discussion. Corrie: Okay. Bentley: So you would like a motion. Corrie: That will fine. Anybody else have anything they want to pull off? Bentley: Mr. Mayor, I move we on the consent agenda we remove items C and D and remand them back to the City Attorney for proper clean up and pull item H for discussion. Rountree: Second. Corrie: Motion made and seconded that we take items C and D on the consent agenda to rescind them to the City Attorney for work and then item H to take up in the regular agenda. Any other discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: I'll entertain a motion for items A, B, E, F and G. Rountree: Mr. Mayor I move that we approve consent agenda items A, B, E, F and G. Bird: Second. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 2 Corrie: Motion made by Mr. Rountree second by Mr. Bird. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Mr. Bentley would you want to hear H now, or would you want to it at the end? Bentley: We could do it now because I don't really think it's going to take too long as far as I'm concerned. Corrie: Okay we have item H then for discussion of Fothergill Greenway License Agreement Resolution #214. Mr. Bentley. Bentley: Thank you. Mr. Mayor my concern with this is in section F it discusses that the licensee shall adopt, that's on page 4, licensee shall adopt and enforce ordinance as it deems necessary to protect the safety of the member of the public to use Fothergill Greenery and ensure that the members of the public comply with the terms of this agreement protect against interference with the district's use operation and maintenance of the drain, and it further states you know we have to — in G we to protect for the violations for the terms of the agreement on the remaining part of the greenway. My concern is I was speaking with Chief Gordon, he has not seen this and since this is a document that he has to effect protection of, I think he needs to have a review of it. Corrie: Okay Chief would you like to review that and have that back in two weeks then. Would that give you enough time? Gordon: Yes, sir. Bentley: I was wondering if the Counselor had anything he needed to — Corrie: Okay, Mr. Gigray. Gigray: Mr. Mayor, Councilman Bentley and members of the Council and Chief, I just wanted to provide you with some information. The reason that provision is in there and I think it's good that the Chief review the agreement, I'm not arguing against that at all, is that it is anticipated that we would probably at some point move forward with the passage of some kind of ordinance yet undrafted that would provide an appropriate way for an ordinance wherein if persons were engaged in activities in these greenways, it would give us an opportunity to cite them for those activities and deal with them in that fashion rather than to have to get to an issue of saying well you're trespassing. Since we're opening this up to a license and that we would move forward with some kind of park ordinance that would create a misdemeanor if someone violates some of these terms, but we would be of course working with the Chief on any of those ordinances. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 3 But that was the basic thought process and I'd also mention one of the concerns and I think that your comments are very important because it is important. The City is not to incur additional liability on the part of the City by entering into this agreement, and we've been very careful in this lease agreement. In fact there were a number of revisions that we requested that Nampa Meridian agreed to include in this agreement is one that no other party is a third party beneficiary of this agreement to claim that we are assuming liability beyond the protection and the limited liability that we are already afforded under that statute in title 36 and that we have drafted this tightly around the provisions of title 36. The statute to ensure that those protections are afforded the city so I just want to provide that for information and give the Chief an opportunity to review before the Council meeting and that's an excellent idea and get his input. Bentley: Okay with that in mind, I move that we table to the March 2nd meeting the Fothergill Greenway License Agreement so to give the Chief a chance to review. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to move item H that was on the consent agenda Fothergill Greenway License Agreement to the March the 2nd meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 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: At this time I'll open the public hearing and hear from staff. Shari. Stiles: Mr. Mayor and Council, I believe the primary reason this was tabled was to come up with a solution for access to the site, and I believe the school district is prepared to present what they've come up with on that issue. Corrie: Any other from staff comments? Stiles: I would like to add to my previous comments on this project. They're just proposing the annexation and zoning at this time, but since then we've met with the Idaho Transportation Department and they indicate that they would like since this abuts the half mile mark on Eagle Road, they would like a roadway at that location, and we'd have to work out the details of that as part of the site plan review. Bentley: Mr. Mayor, Shari, now you're saying they want a roadway to go into the school? MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 4 Stiles: They don't want access directly to the school or that they take their access from there, but they would like some kind of a roadway available at that half mile mark. They want to try to get rid of the rest of the accesses off of Eagle Road and it would primarily serve probably the 80 acres to the south of the school site, but I don't know if you have any thoughts on — Bentley: Well the only thought I have is the whole reason for tabling this and continuing it was that we didn't want the school to have access to Eagle Road. Stiles: They wouldn't have to take access from Eagle Road for the school buses for the Bentley: Okay. Corrie: Any other questions? Okay, I would like a member of the school to come forward. KENT KROHN, LEATHAM KROHN ARCHITECTS, 1735 FEDERAL WAY BOISE, IDAHO Krohn: Mr. Mayor and members of the Council we appreciate very much the patience of the Council in continuing this item for several meetings while we worked out some of the details on the required access that the Council wishes us to have from the west side to the school property. The owners of the (inaudible — off the microphone). The owners of the property immediately to the south have agreed to sell to the school district a portion of their property to allow this access to occur and negotiations are well along on the actual purchase of that. But the access then would be through the Packard Subdivision. The district would develop this road in here to get to the site on the west side through this little corner of this south property and we would — we don't have everything in writing at this point. We would like to go ahead with the action of annexation with the condition that the district provide the written final property transfer agreement prior to that occurring. Regarding the issue of the access off of Eagle Road, we have received permission from the Idaho Transportation Department to have an emergency access off of Eagle Road. I wasn't aware until this evening that they were you know -- is that a requirement of some sort Shari? This is their desire? What was the — Stiles: As a result of the corridor study that they did on Eagle Road that's what they're proposing is that the half mile mark at certain phases of the development of Eagle Road it could be signalized at that half mile mark and then removed at a later time, but there's also the issue of having that ditch that has to be piped right through there so that it may be the road would have to be constructed entirely on the next property. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 5 Krohn: Yeah, I think as these properties develop that certainly would be an appropriate thing to happen. At this time we are concerned with the school site and with the emergency vehicle access the secondary access and the school would develop that emergency vehicle access out on to Eagle Road, but we wouldn't anticipate any traffic related to the school's day to day functions to go out to Eagle Road. Stiles: No. Krohn: So with that we would ask that the Council go ahead with the annexation of this property subject to the district providing the final agreement on the property transfer to allow access on the west side. We would also anticipate that we would go back to the Planning and Zoning Commission with the detailed site plan to reflect the property development now that we have this access on the west side. I'd submit to any questions that you might have. Bentley: If you put in this emergency access, did you say that somebody was requiring that? Krohn: Yeah normally it's required by a public safety official that we have a secondary access to school sites. In case something happens in the subdivision we can still get there with emergency vehicles. Bentley: Right and I understand that. How are you going to control the foot traffic through there? Krohn: The foot traffic from this area into the school site? Bentley: No from Eagle Road on the emergency side on the emergency access? Krohn: Well I would imagine that anybody that wanted to access the school site on foot from the Eagle Road area would be able to utilize that emergency access lane. I don't think their intent is to restrict foot traffic but by knock off ballards and those kinds of traffic control devices, we're able to control vehicle access. Jim did you have any reason to restrict foot traffic from Eagle Road on the emergency access? I don't know how you could. JIM CARBERRY, MERIDIAN SCHOOL DISTRICT 911 MERIDIAN STREET, MERIDIAN, IDAHO. Carberry: We really don't anticipate foot traffic from Eagle Road and to be quite honest we would certainly want to discourage that if at all possible. And we would do that through everyone's help including Chief Gordon, but probably the vast amount of the MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 6 students that will come to this particular building will come directly from the west as foot traffic all the way from Locust Grove. We have not even established we are in the process of establishing boundary committees, but I can't tell you at this present time what the boundary for this particular school would be, but we would not welcome foot traffic on Eagle Road with the traffic there. We work to discourage that. Bentley: Thank you. Anderson: What was your time frame for putting the access road in through the subdivision? Weren't you originally talking about access for an initial period off of Eagle Road and then as you gained an access coming through the subdivision? Krohn: This access road would be put in before the school is actually operational. It would be part of the construction project for the school. Anderson: Great thank you. Corrie: Any other questions at this time? Thank you. Krohn: Thank you. Corrie: Anyone else from the public would like to issue testimony on this item number one in favor of the annexation? Okay anyone would like to testify against item number one? Council? Smith: Thank you Mr. Mayor, Council members, I had a discussion with Jim Carberry today concerning the access to the school site. They are dealing with the property owner of the Packard Subdivision site for acquisition of the right-of-way which will be deeded to ACHD. The roadway would be constructed in the alignment that is outlined in the preliminary plat for that subdivision and it would be designed and constructed in accordance with that and in accordance with the standards of the highway district. Sewer and water would need to be constructed beneath that roadway in anticipation of future development of the property at the same time. It's my understanding that the school district is prepared to go forward with that. They would be working out an arrangement with the property owner for reimbursement for some of the costs or hopefully all of the costs for that roadway as the property develops. That's the process by which they would develop the access into the school site. Corrie: Any other comments from staff? Council, discussion? Bird: I have none. Rountree: I have none. Mr. Mayor I move we close the public hearing on this item. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 7 Bird: Second. Corrie: Okay motion made by Mr. Rountree second by Mr. Bird to close the public hearing on item number 1. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Discussion? Rountree: I'm trying to recall where we are on this, but I believe we at a point where we need findings based on this. Okay. Mr. Mayor I would move that we have the City Attorney prepare Findings of Fact and Conclusions of Law and Decision and Order on the request for annexation by Meridian Joint School District No. 2 and that those findings indicate recommendations that were provided by Planning and Zoning Commission and that they indicate a favorable recommendation from City Council. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to order for Attorney to do Findings of Fact and Conclusions of Law with a favorable decision of the approval of Findings of Facts of the Planning and Zoning. Any further discussion? Bird: Mr. Mayor I've got a problem with one on 1.1 of the recommendation from the Planning and Zoning. This site is currently landlocked with no public access to the site will have to be provided from Eagle Road with the approval of the Idaho Transportation Department. We need to have that struck from the deal. Rountree: I think the testimony we received tonight takes care of the particular issue, but I don't have a problem with that being stricken from the P & Z recommendation. Gigray: Mr. Mayor and Councilman Rountree, members of the Council, do you seek for me to put in as a condition of the annexation and development agreement because this is in the alternative this recommendation as to whether they would or it would be on site approval. That would be one question. The other question I would assume that your motion would include since the school district just stated that they would agree as a condition of the annexation that they would acquire this right-of-way and build this road that I would be include that in the proposed conditions for your consideration at the next meeting. Rountree: Correct. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 8 Corrie: Any further discussion? Bird: I have none. Corrie: Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 2. DEVELOPMENT AGREEMENT FOR MIDVALLEY BUSINESS PARK SUBDIVISION: Corrie: Question to the City Clerk, we do have that signed development agreement do we Will? We do okay. Any discussion on the development agreement? Bentley: I have none. Bird: I have none. Corrie: I'll entertain a motion on the development agreement for Midvalley Business Park Subdivision. Rountree: Mr. Mayor I move that we approve the development agreement for Midvalley Business Park, authorize the Mayor to sign and the Clerk to attest. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the development agreement of the Midvalley Business Park Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 3. TABLED FROM 2/2/99: 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: Corrie: I think we will probably better table that one until after the ordinance is written. Mr. Gigray is that correct? Gigray: That would be my advice. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 9 Corrie: Once we do the ordinance and then publish the ordinance then we can come back to item number three and put it on the agenda. Anderson: Mr. Mayor I make a motion that we table three the conditional use permit for Hubble Engineering until after the item number four on the ordinance. Rountree: Second. Corrie: Motion made by Mr. Anderson second by Mr. Rountree to table item number three until after the ordinance item number four. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 4. ORDINANCE #810 — ANNEXATION AND ZONING OF MIDVALLEY BUSINESS PARK SUBDIVISION: Corrie: (MAYOR CORRIE READ ORDINANCE #810) Council if you want you could on this second reading do the ordinance with suspension of rules to have it go into effect. Bentley: Mr. Mayor I move we approve Ordinance #810 with the suspension of rules. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve Ordinance #810 with suspension of rules. Any further discussion? ROLL CALL VOTE: ROUNTREE, AYE. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL AYES. Corrie: Mr. Gigray do we have to table that until after the ordinance has published in order to — the conditional use permit? Gigray: Mr. Mayor and members of the Council it's my recommendation that you do that because the final action on the annexation will occur once that ordinance is published. That's when it comes into effect and at that point then the property is officially within the bounds of the city and then you can proceed to grant the conditional use permit. Anderson: Mr. Mayor I make a motion to table the conditional use permit for Midvalley na Business Park until March 2 MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 10 Rountree: Second. Corrie: Motion made by Mr. Anderson second by Mr. Rountree to table item number three the conditional use permit for 24,560 square foot office building on item number three. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. ORDINANCE #815 — DISORDERLY CONDUCT: Corrie: (MAYOR READ ORDINANCE #815) I'll entertain a motion on Ordinance #815. Bentley: Mr. Mayor I move that we approve Ordinance #815 with suspension of rules. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve Ordinance #815 Disorderly Conduct with suspension of rules. Any further discussion? Rountree: Mr. Mayor via question for Chief Gordon and as a review of this ordinance, is it enforceable? Gordon: Mr. Mayor, Councilman Rountree yes, sir, it is. This is almost an exact duplicate of Boise City's ordinance that has been on the books for sometime. Our ordinance for disorderly conduct covered a majority of the items that were on here with the exception of being somebody else's property. We have what's referred to as peeping toms. We didn't have anything to cover that. This ordinance fills that gap quite adequately. Did that answer your question? Rountree: It just appeared to me to be somewhat nebulous in terms of how it would be enforced through complaints or actual observation on the part of a police officer. How does one go about getting somebody cited or ticketed for disorderly conduct and being successful. Gordon: Mr. Mayor, Councilman Rountree, if I understand you correctly it would be just like all the rest of our ordinances either observed by a police officer or a citizen's arrest by any citizen that would wish to sign. It is enforceable. It has been successfully enforced for some time. Rountree: Thank you. I have another question Mr. Mayor. I think it's a creative spelling but on page 1 of the ordinance under item A, the second line. Either that or it's a word I don't know. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 11 (Inaudible) Rountree: That's alms for the poor. Corrie: Soliciting alms. Rountree: A little (inaudible) legal ease. Gigray: Mr. Mayor, Councilman Rountree, members of the Council, Chief Gordon this particular ordinance has been tested in the Idaho Supreme Court. It was done in 1998 and the Supreme Court said that it was enforceable and it was test really there was a question of whether it was unduly vague. A similar kind of question that you raised. The Supreme Court said it was okay. So we have not attempted to change the language of the specific portions of it. There are a few changes, but that's not one of them. So we feel comfortable that we can use it. If the Chief is comfortable with it. Rountree: That's all I have. I Corrie: You're comfortable with that Chief? Gordon: Mr. Mayor and Council, yes, sir I am very comfortable. Corrie: Any further discussion on Ordinance #815? Rountree: Yeah there are two other blanks in this particular thing. It refers to a new section and a blank for the disorderly conduct paragraph. Gigray: We are in the process of -- we're in the process of working on the recodification of the city ordinance and we've been requested by Sterling Codifier to do this and then they will assign the exact section number and this will go in along with all the rest of the worksheets and then they'll assign it a number. It is weird looking at it, it seemed incomplete. Rountree: We don't have to go back and — Gigray: No, because they will assign it a number and then you will get the recodification and then you'll adopt it all at once. Bentley: You mean it will be in order? Corrie: Any further discussion? MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 12 Rountree: I'll just call question. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 6. ORDINANCE #816 — FALSE ALARMS: Corrie: Before I read this I have a question. Chief, Ordinance #816 it shows as under a draft form. Is that the way you wanted to have it? It's drafted this way. Do you want to change anything? So if we take it at face value of the draft and we can complete the new ordinance on it. Gordon: Mr. Mayor and Council that is correct. Corrie: (MAYOR READ ORDINANCE #816 TITLE ONLY) Is there anyone from the audience who would like Ordinance #816 read in its entirety? Okay, Mr. Johncox. So if City Attorney would please read Ordinance #816 in its entirety please. Gigray: (ORDINANCE #816 WAS READ BY ATTORNEY GIGRAY) Corrie: Is there anyone else from the audience who would like to have it continued? (Inaudible) Corrie: I'll entertain a motion on Ordinance #816. Anderson: Mr. Mayor I make a motion that we approve Ordinance #816 False Alarms. Bird: Second. Anderson: With suspension of rules. Bird: Second. Corrie: Motion's made by Mr. Anderson second by Mr. Bird to approve Ordinance #816 False Alarms with suspensions of rules. Any further discussion? Rountree: Mr. Mayor I need a point clarified. This talks about penalty fee in the ordinance. Is that like other types of fees that the city has and are these fees subject to a separate hearing since we haven't had them in the past? MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 13 Gigray: Mr. Mayor and Councilman Rountree, are you talking about under penalties at Rountree: It's page 5, paragraph B under maintaining a public nuisance alarm. Paragraph B talks about the city impose a penalty fee, not a fine, a fee. Gigray: Councilman Rountree, Mayor Corrie in response to your question that is permissive language may and if the city were going to impose such a fee we would come forward with a proposal for the imposition of a fee under a separate resolution. Rountree: So that needs a resolution. Gigray: Yes, it does. Yeah we'd do a separate resolution and then you would advertise it just like you would regulatory fees. Now that wouldn't affect court fines though. Corrie: Any further discussion? Rountree: I have none. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: All ayes. 7. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING, 1 TRI-PLEX, AND 4 FOUR-PLEX UNITS FOR PROPOSED SEABURY SUBDIVISION BY WEST PINE DEVELOPMENT — BETWEEN W. PINE ST & W. BROADWAY AVE, EAST OF W. FOURTH ST: Corrie: At this time I will open the public hearing and invite comments from staff first. Stiles: Mr. Mayor and Council this is an infill project in an R-15 zone. Our comments are dated December 21St, 1998 and we have received a response from the applicant. We still need the documentation for the one time split. One other issue that has not been yet resolved that I'm sure the applicant's representative will address is the pressurized irrigation issue and what they need to do to either provide the irrigation or get some kind of a waiver from the Council. Corrie: Any other staff comments right now? BECKY BOWCUTT BRIGGS ENGINEERING 1800 W. OVERLAND, BOISE. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 14 Bowcutt: I'm representing the applicant in this matter. I'd like my testimony on item 7 to also be incorporated into the record for item 8, which is the preliminary plat. As Shari indicated this property is currently zoned R-15. It's occupied with one single family dwelling here on what we show as lot 2. It abuts Pine and Broadway and then Idaho Avenue dead ends into the property. What we're proposing is to extend Idaho Avenue across to our perimeter right here. We'll be building a 37 foot section with curb, gutter and five foot sidewalks both sides. In our discussions with Ada County Highway District we have these driveways as you can see in perfect alignment and they have asked us to provide an easement in both directions and so this will suffice as a T -turnaround. In fact there is more distance or length there in the T than is required. I'll also provide your fire department with a copy of that easement so they can review to make sure it's acceptable. That would be eliminated as far as the easement. It could be relinquished in the future when Idaho is connected on to the adjoining properties and finally makes its connection. We're proposing four 4-plexes, one 3-plex, a total of six lots. We do have a portion of property here that is on Broadway as Shari indicated we requested a one time split of that parcel. The title company for the applicant did review the history of the parcel and determined that it was eligible for the split based on the requirements under the ordinance. I told Shari I'll get here a packet with that information prior to bringing the final plat in. I believe we do have a condition that states that if that documentation is not provided that lot must be included as part of the preliminary plat and shown as a platted lot. Sewer and water exists in the street here. We'll have to extend it here. It's very, very shallow, but based on our preliminary investigations the sewer will be able to accommodate these buildings. We did do test hole on the property. The ground water level is at six and a half feet. It's infill out in this vicinity you've got mixed uses. There's apartments, there's 4-plexes, there's single family dwellings. What we're proposing is in compliance with the ordinance. The existing zone on the property. We've done the best we can in trying to lay the project out based on the limitations of the narrowness of the parcels. We did have one problem that I did bring to staff's attention early on and that was trying to get this distance here for the driveway aisles. What we ended up doing was a 23 foot aisle whereas your ordinance does specify a 25 foot aisle width. All of ours have 23. The reason being is we did not want to compromise the parking stalls which are 9 by 19 which is in compliance with your ordinance, and staff felt that it was most important that we provide a four foot landscape (End of Tape) Bowcutt: ... each end to buffer the parking area from the adjoining properties so therefore the only area that we felt comfortable with compromising was on that aisle area. With 23 feet we still have adequate backing room. A lot of the parking lots throughout the whole valley you'll see there may be 21, 22, 23, 24. Twenty five is pretty large. We feel that this will accommodate the limited number of vehicles. The project is quite small and staff did concur. We should buffer the adjoining properties. Staff also asked us to contact your garbage service, coordinate with them on whether they want individual can pick up or a central location. If a central location is chosen, then we'll MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 15 have to screen that. I believe we were in agreement with all of staff's conditions. One item did come to light right before the Planning and Zoning Commission and that is the fact that we have some doubts about the ability to provide irrigation, gravity irrigation water to a pressurized system. In talking with one of the property owners who's developing the parcel just on the other side of this parcel here, they received a letter from Nampa Meridian Irrigation District dated February 2nd on a project called Meridian Acres which I believe just went before your Planning and Zoning Commission. The letter basically states that the district cannot assure a constant head of water because of the upstream water users and water does flow to the site from time to time and the information that we received is the ditches because it's an infill area some of the ditches are older. They're not kept. There's culverts. They start getting compressed under driveways and so forth. Some people fill in their ditches. There a little bit of water out there last summer according to my client not much in the ditch. So one of the questions I want to bring up is if Nampa Meridian Irrigation District cannot provide us with an adequate source of water, I would like the ability to have some type of alternative. I spoke with Gary before the hearing. One of Gary's comments was exploring possibly a shallow well concept. Our other alternative would be obviously to hook on to the domestic water. One thing you don't want to do is ask these people to spend 15 or $20,000 and then have a system that will not function because we don't have an adequate source of water and then we have to turn around and hook on to domestic our secondary source anyway. If they're going to spend the money, the money should be spent in paying the necessary fees for that domestic water on that equivalent residential unit per acre basis. So I guess I'd like some ability or some flexibility is what I'm saying if we cannot make a pressurized system work in this area. This is not uncommon for infill areas. Other cities we have a lot of problem with infill areas. We just don't have the big laterals and the canals to source from. We're sourcing from little individual ditches that run through many, many property owners. Do you have any questions? Anderson: I have one. On that irrigation you talked about the lot developing over to the east of it, is there a possibility that something could be worked out with developer on some type of a pressurized irrigation system? Bowcutt: Yes, sir. That would be possible if we can source enough water. The letter was written for their project that they didn't feel there was an adequate source or at least that's what it implied. If we can get an adequate source, I recommended to the other developer and my developer that they do a joint system because the cost long term maintenance cost and just the installation costs would be 50% less so if at all possible that's the preferred route, but we don't want to do a system that does not have constant water source because if you can't get a source of water what are they going to want to do? They're going to want to flip the switch and go to the domestic or their second source. They're not going fiddle with it if it wont' work most of the time. I guess that's my main concern. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 16 Anderson: Did Gary indicate to you how much water you can get out of the — just a low Bowcutt: Just a shallow well? Gary thinks that we should explore that idea. We'd have to obviously get a permit from Department of Water Resources to dig that well, but it is an option if the ground water is at 6'/2 feet, then that may be the only viable option other than connection to domestic and I've known that in the past that has not been the preferred (inaudible). I did want to show you the buildings that they are constructing. I don't have colored renderings, but I do have these black and whites. As you can see all the buildings will be very, very — they'll be the same type of building, maybe just a little bit of variation. These are probably some of the best 4-plex plans that I've even seen. These have been built out of state and they purchased the right to construct them here. As you can see they've got offset fascias, a lot of variation in the roof line so they're not a great big square box like you've seen built in many of the 4-plex projects. That gives them some character, also brings the bulk of the structure down so I do (inaudible) in that area that this will be a benefit to the area and add some character. Corrie: Any questions from Council at this time? All right thank you Becky. Bowcutt: Thank you. Corrie: Is there anyone else from the public who would like to issue testimony in favor of the project? Anyone not in favor of the project for testimony? Okay, Council questions, staff questions? Bentley: I have a question for Gary. Is the sewering of this project going to be okay? Smith: Mayor and Councilman Bentley Council, as Becky mentioned the elevation of the sewer out there is awfully shallow. And it will have to the grades of the sewer will have to conform to the Uniform Plumbing Code, if they're less than 8 inches in diameter on to the sites. Their preliminary profiles show that it would work. It's going to be shallow. Bentley: Okay thank you. Corrie: Becky one of the questions that came to mind is the property owners the holder of this conditional use permit. Rountree: Say you got an affirmative. Corrie: Yeah, she shook her head yes so it's affirmative. Any other questions from Council. I don't know do we need a variance on this 25 foot against the 23 foot width of the driveway. Mr. Gigray? MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 17 Gigray: Mr. Mayor and members of the Council I think that question might be better asked of the City Engineer or the Planning and Zoning Administrator if it's not where it's a development request that's beneath minimum standard then I would imagine under the code it would require a variance, but I don't in this instance whether it does or not. Stiles: Mr. Mayor and Council I would recommend since this is part of a conditional use permit that that could be approved as part of the conditional use permit. I'd hate to go through a variance for two feet. Corrie: That's your call. Thank you. Questions comments? If not I'll entertain a motion to close the public hearing. Bentley: Mr. Mayor I move we close the public hearing. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to close the public hearing on item number seven. Any further discussion? Rountree: No discussion on the motion, excuse me. Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Rountree: Mr. Mayor I just wanted to reaffirm that well development fees are still something that we have in our ordinance. Smith: Yes, sir, they still exist. Rountree: Okay. Smith: I might also mention Mr. Mayor and Council that it's my understanding from the Idaho Department of Water Resources they can dig a hole up to 18 feet deep and it's still not considered a well. I need to clarify that, but that would get them down below 12 feet below what Becky reported as the ground water level out there. Thank you. Corrie: Any further discussion on item number seven request for conditional use permit? Hearing none, I'll entertain a motion on the conditional use permit. (Inaudible — off the microphone) Corrie: Yes, sir it is. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 18 (Inaudible) Corrie: Well we've closed the hearing unless the Council wants to reopen it. We have the plat yet. You can make a comment there. I suppose it won't make any difference if you do it now or on the preliminary as far as you think? (Inaudible) Corrie: Okay we do that on the plat then. It's a public hearing so you can make your comment at that point. (Inaudible) Corrie: That's next item. Rountree: Mr. Mayor just a point of clarification do we need a finding? Corrie: Yes along with your order of approval of decision to go with that and the findings. Rountree: Mr. Mayor I move that we have the City Attorney prepare Findings of Fact and Conclusions of Law along with Order of Decision on the request for conditional use permit single family dwellings Seabury Subdivision to include conditions of staff, Planning and Zoning Commission, preference that the applicant provide pressurized irrigation primary source. In the event that's not possible that they investigate a shallow well as a source of pressurized irrigation. If that's not possible they investigate with the city the possibility of well development fees. Bird: Second. Corrie: Before I recognize the second, what about the 23 feet driveway? Do you want to include that as part of the conditions since the staff report was 25. Rountree: Sure I'll make that part of my motion. Bird: I'll second it. Corrie: Okay motion made by Mr. Rountree second by Mr. Bird to have the attorney draw up the Findings of Fact and Conclusions of Law with approval as stated in the motion. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 19 8. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY WEST PINE DEVELOPMENT — BETWEEN W. PINE ST & W. BROADWAY AVE, EAST OF W. FOURTH ST: Corrie: I will open the public hearing at this time and invite Ms. Stiles to comment. Stiles: Mr. Mayor and Council I would just ask that our comments dated December 21, 1998 be incorporated as conditions of approval. Corrie: All right. Okay anyone else from the public who would like to issue testimony in this case? You can come up here. Ask your questions and then we'll answer them for you if we can. LES MIGNEAULT Migneault: My name is Les Migneault. I own the property immediately adjacent to the property being developed at 631 W. Pine, and I was just interested in that ditch that crosses the property that I've had access to irrigation for many years now. I was interested to see if that was a ditch that was maintained by the irrigation district and whether it would be tiled and I would maybe have access to the irrigation water since I've been paying the taxes on it and using it. It pretty dead heads right there at my property now since the development closed the ditch leading off to the other direction, but I was mainly interested in access to the irrigation and whether it was a maintained ditch by the irrigation district. Rountree: Mr. Mayor, if I might ask a question. Do you have a reasonable amount of water through that ditch? Migneault: A reason amount. I tried to irrigate the backyard and there's a garden spot in the back that I access that water pretty regularly. It beats using city water on your lawn. Rountree: Do you pay more than your assessed fee to your property? In other words, do you pay for that water? Migneault: Yes, I do. It's irrigation tax. Rountree: How many inches of water do you pay for? Migneault: You know to be honest with that water has run down that ditch for so many years that we all just tapped off of it, and I never I mean the ditch was running and went out there and made my damn and took the water that I wanted then opened the damn — MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 20 Rountree: So you're not paying for the water then? Migneault: Well I was to be honest with you I thought it was part of the irrigation tax in the district. Rountree: Probably not the case, but at least you have water to use. You're probably using somebody else's water. Migneault: I had access to it until they developed the apartments directly behind my house now and that ditch ran rather freely before until they got backed up from the apartment development and now it's being threatened even further and I feel that I've been paying taxes on the irrigation for many years on that property and had access to the water and if it is a maintained ditch or that the ditch is part of the irrigation district, then I feel I should keep access to the irrigation water or if the alternative is to not have access, then it's quite an expensive — I understand around $100 to get a person taken off of the tax list to where you don't pay tax if you don't have access to the irrigation. I would prefer to have access to the water if possible. Thank you. (Inaudible) Bowcutt: Mr. Mayor just to put our response on the record we have identified the ditch. It is shown on our preliminary plat our to-po. We do show piping that irrigation ditch across. It looks like he comes off of a spur from this ditch so I'm glad that he showed up this evening so that we can go ahead and run it down here and make sure that it outlets to him. Corrie: You might stick around Becky. We have one more person who would like to testify. DWAYNE MADSEN 603 W. PINE Madsen: My name is Dwayne Madsen. I live at 603 W. Pine. This same water incident is what and we do have low pressure water that comes across there and at the point where he mentioned that he said that the ditch ends, it doesn't end. It goes into an underground over by the apartments right across the end of Broadway where the edge of the development is now and it's used by quite a few people and we're down on the end of it and we do pay a ditch tax and it our responsibility and not the ditch companies to take care of the ditch. So I've been helping take care of it over the years, but we do have low pressure water down through there and it does continue on and go into a drain ditch over by the apartments near Idaho and I think about 7t". But it is underground from about his place all the way over where it goes into the drain ditch except for about MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 21 100 feet on the very end down near the apartments and the single dwellings down there. Corrie: Okay are you on the east or the west of this gentleman? Madsen: I would be just to the east of where he mentioned. Corrie: East. Okay is that Becky part of your property? Madsen: I'm the piece of property that's between these two developments. Corrie: You own between the two. Okay, make sure we got everybody cover here now. (Inaudible) Bentley: Mr. Mayor could you have the record reflect that Becky Bowcutt's testimony from item number seven is to be included in item number eight, the preliminary plat. Corrie: So be it. Anyone else would like to enter testimony on item number eight on the preliminary plat? Any other comments from staff? Any further comments from Council? Bird: I have none. Rountree: None. Corrie: I'll entertain a motion to close the public hearing. Rountree: Mr. Mayor I move we close the public hearing. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to close the public hearing on item number 8. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any further comments or discussion by Council? Bentley: I have none. Corrie: Then I will entertain a motion for accept, rejection or (inaudible) for approval of the preliminary plat. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 22 Bentley: Mr. Mayor, I move we approve the preliminary plat subject to staff conditions. Corrie: Do I hear a second? Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to accept the preliminary plat for Seabury Subdivision by West Pine Development subject to conditions of staff comments. Any further discussion? Rountree: Mr. Mayor I would request if Councilman Bentley would consider a condition on that approval that the developer investigate and/or resolve the irrigation issue both downstream and through this parcel and they assist in identifying what problems may be upstream to get the irrigation water to this property. What I don't think we want nor do I think they want is another Don Bryant situation where on a wet year your 4-plexes are in a foot of water that nobody knows where it came from or where it's going to go to and I think it's really important that we pay attention to this irrigation issue. Bentley: I would agree to that. Corrie: Okay. Does the second agree to it? Anderson: Second agrees to it. Corrie: Mr. Gigray. Gigray: Mr. Mayor I would understand as we would prepare an order of conditional approval of the preliminary plat that the same conditions that were enunciated in the previous action in item seven we would make sure that this order was consistent with those because there are a lot of the same conditions apply in both instances with your permission. Bentley: Yes, that was my intent. Corrie: Amended motion by Mr. Bentley and second approval by Mr. Anderson. Any further discussion? Hearing none, all those in favor of the amended motion say aye. MOTION CARRIED: ALL AYES. 9. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 21.54 ACRES FOR PROPOSED THOUSAND SPRINGS VILLAGE BY MARTIN MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 23 DEVELOPMENT INC.—NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE ROAD: Corrie: At this time I will open the public hearing and invite the staff to comment. Stiles: Mr. Mayor and Council I brought the wrong file, so I'm not sure what date our comments were. This is a project that's about a quarter mile north of Victory on Eagle Road. The owner of it was Mr. Gordon Harris if you might remember, he's tried several times to develop this property and now has the opportunity to have it developed. I don't believe we had any issues outstanding on this project. The Public Works Department is requiring a booster station to be built as part of this development to increase the flows in the pressures in that area. And they have agreed to do that. It's a fairly straight forward project. Ada County Highway District has requested that a stub be provided into the existing home which Mr. Harris resides so that possible future development may take place on that remaining parcel. They are going to continue their 50 foot wide right-of- way and we did have initial comments saying that the 57 foot right-of-way would be preferred but we have since agreed that we would prefer to have the 4 foot planting strip separating the sidewalk from the roadway rather than insist on the 57 foot right-of-way. Corrie: Is there anyone from the public who would like to issue testimony in favor of this item number 9 request for annexation of Thousand Springs Village. BECKY BOWCUTT BRIGGS ENGINEERING 1800 W. OVERLAND, BOISE Bowcutt: The project we bring before you is an annexation on 21.5418 acres. I'd like to mention for the record that it does include Mr. Harris' home parcel which is about two and a half acres. In our preliminary discussions with staff prior to submittal they thought it would be wise to include that in the annexation so we didn't end up with an enclave at a later date where the city had to go and then force them to annex. However within the preliminary plat that parcel is not included. It's a separate parcel under the Assessor's records and therefore it is a legal parcel. You probably saw a five acre subdivision come in under county referral on this property a year or so ago. After the Thousand Springs development was approved then this was purchased by a relative of Mr. Goldsmith's and they decided to incorporate it into the development. As you recall we provided two stub streets to this property. One here and here. We are extending those in and making that connection. We also took this cul-de-sac and brought a stub street at this location. However when we started to lay this development out, it became obvious that these two stub street connections were too close to make that intersection work. Therefore we requested the highway district and the city discontinue this street connection down here and instead we included a micropath connection. The highway district did support that and so did your staff. One thing that did is this would have been a really long street that somebody could get a pretty high excessive speeds on and it just doesn't make a lot of sense because we've got good interconnection with these two MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 24 stub streets here. This is the Bell property. We provided a stub street to that parcel so that it may redevelop in the future. We'll be extending the sewer and water through the Thousand Springs development into the Village. All of these lots exceed 8,000 square feet. A majority of them run between 9200 and 10,000 square feet on the average. We provided 40 feet of landscaping on Eagle Road which is consistent with Thousand Spring. We have asked Mr. Harris if he will go ahead and dedicate additional right-of- way so we can take our sidewalk along the frontage and have a continuous section of sidewalk without a break. He did agree to sell that to the highway district and we did agree that the highway district to construct that sidewalk so we won't have a break in the sidewalk. We'll tie all that landscaping in as far as similar theme. The development has the McDonald Lateral that runs, it comes across like this and then it dips down, terminates here, goes into a pipe and overflows into the Ridenbaugh Canal. We will be required to pipe this section of the McDonald lateral. I did submit plans to Boise Project Board of Control and ask for information from them. They have asked for a 24 inch pipe. They've asked for us to maintain their access road and to coordinate with the neighbors because there are three property owners that adjoins us that have their pumps in that lateral at this time. We have sent a survey crew to locate their pumps. We'll be constructing boxes that's acceptable to them as far as location and size along that McDonald Lateral so that they will have shared access to their water. The Planning and Zoning Commission asked us to at one time we showed this as just an easement. The Planning and Zoning Commission asked us to put that in a separate lot that was attached to this common lot here. We did modify our preliminary plat to do so. That will protect the lateral. We wont' have any problems with any encroachment from the neighbors or any disputes in the future. The district said that they'll have to drive back in here for any maintenance that may take place along that pipe so that roadway will be maintained. We did have some neighbors that had comments and concerns at the Planning and Zoning Commission. We asked the commission to please approve us and give us the opportunity to meet with those residents to come up with some solutions to their concerns. The Planning and Zoning Commission did allow us that privilege. We met with Bonnie Glick who owns the property here. Let me flip this here. She owns the property right here. You can see here house sits real far back. This is Bernetta Hastings. She sold this little portion here to Martin Development. We did not meet with her, but we met with Rex Young who lives here and he had concerns. One Rex wanted to see the roadway maintained or left in place for that access to the ditch. We have agreed to that. We agreed that we will coordinate the location of that pipe, their boxes. Secondly Bonnie Glick asked because her house sits so far back that 17 and lot 16 be designated as a single story lots. The developer has agreed to that in the development agreement that was submitted to your staff. I think Mr. Gigray has a copy of it. These two lots are designated as single story lots. We went back there observed her house. She does have a nice view. She does not have any trees or obstructions that gives here a view and that would just kind of help her view out. Rex's one problem was the fact that his property is about six feet higher than our parcel and when we install a perimeter fencing, that that fence would be lower than his property. So we walked out MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 25 there in the rear and what we're going to do is we'll feather out from the access road we'll go ahead an add some fill and feather it out to the north so the fence will sit on the far side of the access roadway for the McDonald Lateral. So the fence will sit higher and then the lot will be down and that was one of the compromises that we came up with. Mr. Young's property the rear of his, he abuts us just right from here over. He has an extensive forest in his rear yard that I believe gives him his privacy, but this fence will add to it, so as far as his view I told him I don't think you can see through those trees because I couldn't see an inch of your house on the other side. Mrs. Glick I also want to put on the record will be matching the fence along here in Thousand Springs 1 across the back. It will be some type of a capped six foot wood type fence. She did not want dog eared with some type of a white wash on it so it doesn't discolor as bad, so I think we've worked out the majority of our problems. This is a good project. There's approximately 53 buildable lots. Our density is about 2.7 dwellings per acre. The developable part of the project is approximately 19.4 acres. We got a pocket park here. It's about 25,500 square feet. That's going to be used as storm drainage and a pocket park. One of the things that we looked at is this is by far the lowest point on the property. We believe we can get the storm drainage to come to this location. We're going to try to minimize the amount of depression so that it is a usable grass area, not just a hole in the ground. We also have the micropath area here that we could —that will be grass with just a five foot or ten foot excuse me ten foot path according to ACHD requirements and we're going to attempt it was one of staff's questions. We've got a ditch that we're piping here that takes some drainage off of some of these other parcels, and we're going to try to create an overflow there so that our pond does not have to be so deep that it can just be a mild depression. When we get into design we'll get working on that and see what we can do. One of the prime things that we've been working on is try to make these usable areas that they function storm drainage but yet they're usable and aesthetically pleasing. One thing I do want on the record, I've got this little sliver here as you can see this particular lot five was met your standards for frontage exceeded your 8,000 square feet. However it was quite narrow and deep. I want to add this excess to this particular lot here so this lot 6 shown on the preliminary plat would go with this lot within Thousand Springs No. Phase 3 so I do want that on the record just to make it bigger because it's excess and they'll just have to do a quitclaim deed for that small portion. Do you have any questions? Rountree: Are you still proposing the same type of use for the lot in the northeast corner on Eagle? Bowcutt: Where? Up there? Rountree: Yeah. Thousand Springs. Bowcutt: That's the fire station lot. That's the well lot. Yes, sir. That's in phase in one of Thousand Springs. These are the phase lines. Phase one, two, three is coming MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 26 before you and four will be designed by the end of the month. And we will — oh I also want to go on the record that we'll be constructing a pressure booster station here. This project in conjunction with the developer of Thousand Springs to boost that pressure because this property sits at a higher elevation and your existing well is over on Locust Grove. Staff and our engineering team agreed that phase two of Thousand Springs would be the appropriate time to bring that on line. I'm currently waiting on your staff to provide me with a detail because no one has ever built one so we don't know what it looks like. Or what it costs yet either. It may not be a real good idea. Corrie: Any other questions of Becky? Bowcutt: Oh, please incorporate my testimony into item 10. Corrie: It will be done. Anyone else from the public who would like to issue testimony in favor of this annexation and zoning. Hearing none, anybody who would like to enter testimony against item number nine? Okay. Comments from staff on what you're heard so for? Comments questions from Council? Okay, I'll entertain a motion to close the public hearing on item number nine. Rountree: Mr. Mayor I move that we close the public hearing on item nine for Thousand Springs Village. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to close the public hearing on item number 9. Any further discussion? Hearing none, all those in favor of the motion say aye . MOTION CARRIED: ALL AYES. Corrie: Any further discussion on request for annexation and zoning. I might add in your comments going for the Findings of Fact and Conclusions of Law you might put in there to have the attorney draw up the draft for the development agreement which is item 1.18 of the Council's recommendation from Planning and Zoning and get it all done in one time. Rountree: Mr. Mayor I move that we direct the City Attorney to prepare Findings of Fact and Conclusions of Law and Order of Decision for the request for annexation and zoning for Thousand Springs Village and to pursue the initiation and completion of a development agreement for said project. Bentley: Second. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 27 Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the annexation and zoning and direct the attorney to draw up the Findings of Fact and Conclusions of Law as well as drafting the development agreement and the proposed annex ordinance. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 10. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY MARTIN DEVELOPMENT INC.—NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE ROAD: Corrie: At this time I will open the public hearing on item number 10 and have staff comments. Stiles: Mr. Mayor and Council we would ask that our comments dated January 7, 1999 be incorporated as conditions of approval. Corrie: Also note that Ms. Bowcutt's testimony on item number 9 is also included in item number 10. Is there anyone else from the public who would like to issue testimony in item number 10 on the request for preliminary plat for Thousand Springs Village? Any further discussion? Council questions of staff? Hearing none, I'll entertain a motion to close the public hearing. Bentley: Mr. Mayor I move we close the public hearing on item number 10 for Thousand Springs preliminary plat. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to close the public hearing on item number 10. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? Hearing none, I'll entertain a motion on the preliminary plat for item number 10. Bentley: Mr. Mayor I move we approve the preliminary plat for Thousand Springs subject to staff conditions. Bird: Second. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 28 Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the preliminary plat for Thousand Springs Village by Martin Development Company, Inc. Any further discussion? Rountree: Just a question. Do we do that we before have the annexation and the development agreement? Corrie: I think we can. Gigray: Mr. Mayor and Councilman Rountree that's no problem on preliminary plat. It's just final plat that — Rountree: I don't have my book with me tonight. Bentley: You didn't do your homework. Rountree: It's suppose to be in my drawer and it's not here. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 11. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE—SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: Corrie: At this time I will open the pubic hearing on item number 11 and invite staff comments. Stiles: Mr. Mayor and Council this is the property that was once owned by Ruth Hunter that has what is referred to as the old Waltman house. There are no plans for any development of the property at this time that have been presented. For that reason we have requested that any uses by done under the conditional use permit process and we have also asked that a development agreement be entered into. It would have to be somewhat generic at this time, but at least to address the access and the requirement for provision of a bike path, multi use path along the Ten Mile Drain in this location. The applicant has indicated no problems with any of our comments and we would ask that the comments dated January 7, 1999 be incorporated as conditions of the annexation. Corrie: Is there anyone from the public who would like to issue testimony on the request for annexation and zoning by John Goade at this time. DONNA ALDRIDGE MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 29 Aldridge: I live right across from there. My name is Donna Aldridge and I don't understand what they're wanting to do. Now this is Ruth Hunter's old place. Are they trying to get something built in there or get access or what? Corrie: Okay just right now they're trying to do is annex and zone it and I believe they're asking for — Shari what's the annexation and zoning request? Stiles: C -G and L -O. Corrie: That's commercial and also limited office in that area. That's the zoning they would like to do. They're not going to build anything there right now, but they're just asking for a new zoning to C -G which is commercial and a limited office at this time. When they come in with what they want to do then they'll have another public hearing with what they want to put in there. Aldridge: Well is that fair to the public? I mean I've been down there for 30 years and it's been quiet and peaceful and when they opened that road up here a while back when they was working on that bridge over there on Linder Road, those people was like a bunch of wild horses down through there. We had to have the police come down there and patrol it and everything else because I was right there in the middle of it and it was a total disaster, so I would kind of like to know more of what is going on, because I feel like I have grandmother's rights. I mean I'm getting kind of tired of all this. I mean I know you can't stop progress. I would like to have a little peace too and I lost my youngest son 17 years ago and that's memories to me and I do not want to have to move and I don't like people coming in and trying to force you know things like that on me and I mean I like to live with a little peace in my life and I like to know what's going on across there because they do live like I said that's right across from where I live. So I'd like to if you have any more meetings or anything I'd like to know what's going on and what they plan on doing because like I said right now they do have they've been pretty considerate when they have had weddings and stuff over there, the music has been kind of low. I mean once in a while it gets a little loud over there. I like to work with people. I like to get along with people, but I would like to have some consideration too. Corrie: Is there anybody from Council who would like to ask any questions here at this time? Okay thank you. Anyone else from the public who would like to issue testimony? JIM HOWARD, JJ HOWARD ENGINEERING Howard: My name is Jim Howard with JJ Howard Engineering. Do you need an address? Okay and I stand ready to answer any questions. I did bring a (End of Tape) MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 30 Howard: This is just to help the Council and anyone that might be here for testimony. That outlines the zoning. There are plans. We'll follow that plan in its development as it develops to extend the road as shown. The Troutner Business Park is to the north currently (inaudible). Existing Troutner Business Park is located here. Storage area here and this is zoned agricultural now. The Waltman home is right here. It will be retained. There's some talk of putting it on the historic register, so that will not be destroyed or torn down. It will be brought up to fire codes and probably converted to office use. This is a roadway layout. One zone is this we have C -G and the remainder is L -O. It's separated by the streets and I think that pretty much summarizes our request in terms of annexation and if I can answer any questions, I'd be more than happy to do so. Aldridge: Where this road is that he's talking about from the office there when they come for the office, are they going to have the office in the old Waltman place? Is that what they're trying to - are they going to build an office or what? I don't understand. Howard: The Waltman house is located here and then eventually these would be limited office. The road would be extended. There's plans, the city would like to see from my understanding see Corporate Drive extended ultimately, turn down and come down to Waltman Lane. I think the plans of ACHD is to terminate this or dead end Waltman down here. This will provide an access out of Waltman on to Corporate Drive which ultimately goes out to Meridian and then it will be the connection into that industrial park to the north. So it's my understanding, you correct me if I'm wrong, is Waltman will not be a through street. Adridge: Good. Okay that was one of my - Howard: Yes. Corrie: Any questions from Council? Thank you very much. Anyone else issue testimony on this item? Okay, hearing none Council any further discussion for public hearing? I'll entertain a motion to close the public hearing on item number 11. Anderson: Mr. Mayor I make a motion we close the public hearing on item number 11. Bentley: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bentley to close the public hearing on item number 11. Any further discussion? Hearing none all those in favor of the motion say aye. f•[QIto] 0KOY-11 :41aIOW-11IW-,Vd�11 MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 31 Corrie: Any further discussion? In reference to this Council part of the conditions of the recommendation to City Council 1.18 provides for a development agreement as it did in number 9, so we might have to as long as we're doing the annexation and zoning Findings of Facts request the City Attorney to draft the same the next Council meeting together with the draft development agreement and proposed annexation ordinance at the same time. (Inaudible) Rountree: Mr. Mayor I move that we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law and Decision and Order for the requested annexation of 8.51 acres by John Goade to include a development agreement and include the city staff's conditions as condition in the annexation agreement and to prepare an annexation ordinance. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to request the annexation and zoning on item number 11 with the further comments made by Mr. Rountree. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 12. FINAL PLAT FOR WHITESTONE ESTATES #3 BY WHITESTONE DEVELOPMENT COMPANY LLC — NORTH OF WALTMAN, SOUTH OF W. FRANKLIN, WEST OF S. LINDER ROAD: Corrie: Staff comments first? Stiles: Mr. Mayor and Council this is for the remainder of the preliminary plat for Whitestone Estates Subdivision No. 3. The Meridian School District has purchased the property south of this subdivision to Waltman Lane and proposed their elementary school there. I apologize to the applicant and to the Council for the lateness of these comments. We just got them done late today. Hopefully Mr. Jacobs has had a chance to look through those and if he has any problems with any of those conditions, he can let you know. I did have one issue on this that I need legal counsel to help with. The preliminary plat does show some vacation of right-of-way. There were stub streets initially on this plat because it was intended to go on further. Can we just rely on Ada County Highway District's vacation of those right-of-way and just take the new recorded plat as getting rid of those old rights-of-way or do we have to go through a separate vacation process? MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 32 Gigray: Mr. Mayor and members of the Council I'm not sure I understand fully the history of this situation. Is this an area that's previously platted so that this could be considered a part and parcel of a replat and their approval of the replat would in effect would effect those vacations and rededications and as long as it's done in that fashion, think we're fine. If we're talking about areas outside of the plat then we'd be into different issues. Stiles: I believe it was all part of the original plat and this would be a resubdivision of a portion of that perhaps. I'm not sure. Maybe Keith can help us on that too. Corrie: Well since this isn't a public hearing Keith, I'll let you talk anyway. KEITH JACOBS Jacobs: Thank you sir. Keith Jacobs Pacific Land Surveyors. We have an application for the Ada County Highway District to vacate those rights-of-way that were dedicated when the platting of Whitestone No. 2 was undertaken and then finally recorded and that should take care of the issue with the right-of-way. We've also initiated paperwork with all the utilities requesting their concurrence with their relinquishing of the easements that were put on that property at that time. I haven't received all of that information, but as soon as I get that, that will be presented to the City and the Highway District. Corrie: So Mr. Gigray with that in mind your recommendation then would be. Gigray: Mr. Mayor and members of the Council if there's a petition to vacate before the highway district it will require the concurrence of the city before they can approve it. That's by state law. So at some point the City's approval of the specific vacation request should come before this Council. Corrie: And before the final plat is approved, right? Or does it make any difference? Gigray: I would defer to the administrator as to whether or not in her opinion this is ready for final plat approval given some of the situations with this whether it should be tabled pending that approval then submitted for final approval or whether or not she'd recommend that you approve it subject to these conditions because our standard orders provide that the City Engineer doesn't sign off on the plat until all those conditions are met. Stiles: If it doesn't require a resubdivision of any of the rest of the property, is that right Keith? This new configuration doesn't require you to include parts of the old plat the number two plat? MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 33 Jacobs: Yes, there are parts of the old number two plat that are included in this subdivision. Two lots, one on the west and one on the east side. Stiles: Okay. Jacobs: And we would not bring the final plat to the City for signature. Obviously the highway district would not sign that plat until that vacation has taken place and the condition to bring it to the city would have to have the highway district signing the final plan and Central District Health so in that we couldn't bring it to the City Engineer to sign off on the final plat until the right-of-way has been vacated by then. Now as to whether the city has held a vacation hearing on that that's a new one on me. I don't know. Corrie: I think he said by law we had to, didn't we? Gigray: They have to have your approval whether or not you have a public hearing or not is another matter. It's just that you have to have the approval. I don't know. I haven't seen their application for vacation so I don't know whether or not that extends beyond the plat. I suppose an argument could be made and a comment could be made in the plat approval that that would be approval of any pending vacation request that would affect that plat area, and that could be transmitted to the Ada County Highway District which I think would be sufficient record of the City's approval at least as it affects the areas within the proposed plat. Outside of the plat would be different matter. Corrie: Any other questions of Keith? Thank you Keith. Jacobs: Thank you. Bentley: Mr. Mayor if I'm understanding this right with the changes from Whitestone 2 and number 3 wouldn't that require a replat? Stiles: That's what they're doing. They're doing a resubdivision of a portion of it. Bentley: Okay. Corrie: (Inaudible) Bentley: Thank you. Corrie: Any further comments? Rountree: Mr. Mayor I would make a couple of comments. One it seems that there is some confusion as it relates to vacation of right-of-way and I don't believe the developer MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 34 nor their engineers had an opportunity to review or comment in writing on the letter that just went out today to them on this particular subdivision. Though I'm hesitant to table it would think that that might be something that we want to do to get the comments back and get the vacation issue resolved. Corrie: I agree. Bird: Is that a motion? Rountree: I just throw that out for discussion. If it's a flier, I'll move that we table the Whitestone Estates Subdivision No. 3 final plat until our next regularly scheduled meeting March 2nd so that the developer and engineer can have an opportunity to respond to City's comments and resolve the issue as it relates to vacation and public right-of-way. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to table item number 12 until March 2, 1999 meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 13. FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC — NW OF CHERRY LANE VILLAGE NO. 1: Corrie: Shari comments? Stiles: Mr. Mayor and Council this is quite a bit different from the last one and Keith I apologize for not getting those — I didn't think there was anything on Whitestone that couldn't have been resolved, but the Villas at the Lake Subdivision. Unfortunately it was put on the agenda probably should not have been. It did not conform to the approved preliminary plat. There were some specific requirements in this plat and my staff did not have the adequate background on what had gone on with this project to be able to determine whether it was in compliance. Primarily we do need some easements shown on here and I guess one of the biggest issues we have is the fact they were approved 29 of the lots were required to be a minimum 1600 square feet. They've shown 11 of the lots to be 1600 square feet and also we have a question on whether all of these lots can even accommodate a house that large. There are at least four lots where it would be very, very tight. They would have to have an absolute rectangle of a building and use every square inch available outside the setbacks to be able to meet those minimums and also have a two car garage. Lots 18 and 19 of block 1 would not be able to meet that. They do have four lots that could be the 1304. But we would like them to MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 35 come back with some building envelopes and let us see how those plans would work. With the conditional use permit that was approved they did have specific floor plans. It may be that they need to come back with a two story in order to meet those minimums on some of these and also as requested in the preliminary plat stage, we did want detailed fencing and pathway and landscaping plans to be submitted for approval. We have some concepts, but no details and we would like to approve those as part of the final plat. Corrie: Shari are we on a time schedule for this final plat to be approved? We're not are we? Stiles: You can reconsider it anytime within 45 days. Bentley: Mr. Mayor it's obvious that this is going to have to be tabled. My question is two weeks or four weeks? Rountree: You can go to the 16tH Bentley: Mr. Mayor I move we table plat for the Villas at the Lake Subdivision until March 16th. 1999. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to table item number 13 final plat of Villas at the Lakes Subdivision until March 16th 1999. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 14. DEPARTMENT REPORTS: A. GARY SMITH: Iii will 0.121►Eel 1012121V1►[e1_[e]V2121LVA I21012lei :aN%N921:»1011aN!04111ME" M Smith: Mr. Mayor and Council members, the first item I have this evening for your consideration is approval of an engineer agreement with JUB Engineers for design, plan preparations and bidding documents concerning the extension of our water system distribution system. The estimated construction cost of the water system expansion that we will build this year is $940,500. The overall estimated construction cost of the system as it will be designed is approximately 1. 12 million dollars. Our budgeted amount didn't — didn't have enough funds in there to build all of it, but we did want to get it all engineered and plans prepared and ready to go. This project is broken into two MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 36 phases. Sheet number one the attachment A describes the two phases. Phase one consists of waterline improvements in Ustick Road and Linder Road that will tie a new water tank into our existing distribution. The second part of that is Eagle Road 1-84 interchange crossing and construction of water main on Overland Road. There is an error on that Overland Road west of Playground Subdivision that shows 120 feet. That should be 2120 feet. This phase one is necessary to be constructed this year and it's part of the estimated construction cost to tie our system together in areas of high demand. Phase number two which is shown on page 2 of the attachment I've taken out quite a few of the smaller connection pieces in order to fare the construction costs down to meet the monies that have been budgeted. If you have any questions concerning this proposal I'd be happy to answer them. If not I would request your approval of the agreement. I think that amount for — it's $137,196.00. It shows up on page two of attachment B. We will be doing all of the construction observation. Bird: Mr. Mayor I move that we enter into the agreement, Mayor to sign and the Clerk to attest with JUB Engineering for the waterline project for the sum of $137,196. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree to approve the JUB agreement for the waterline project in the amount of $136,196. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 2. INSPECTORS CONTRACTS FOR BUILDING, MECHANICAL, ELECTRICAL, PLUMBING. Smith: The next item I have is our contract with our building inspectors or our agreements with our contract building inspectors I should say. The attachment that I've given to you the spreadsheet shows the percentage breakdowns for each one of the inspectors based on the permit fees that they collect. The building inspector has no change requested on his existing contract. The electrical inspector has no change requested on his contract. The mechanical and plumbing inspectors have requested a modification to their existing agreement. Mechanical is requesting all permit fees collected over $75,000 his percentage be changed from 30% to 40%. Rountree: Gary would it have been easier for him to have stated that anything over $60,000 would be a 40%? Smith: Yes, correct. Rountree: Okay. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 37 Bird: Gary I got one question. I notice on your deal in the building inspector's deal do we need to add in the inspection for occupancy in this contract so that it is taken care of and Shari — she feels it is a building official's duty. I have to agree with her. Smith: That's the question that was posed. Corrie: (inaudible) Bird: So we need to add that into the contract. Bentley: Adding that into the contract, that's part of his contract with no additional fee? Corrie: It goes along with the regular fee. Bird: It's just the wordage; is that right Mayor? Corrie: That's right. Bentley: Gary I have a question under mechanical negotiate permit fee of $1,000 or more. At the top it says the first $30,000 is 75%. I'm kind of confused. Smith: Well the way his contract reads right now Councilman Bentley is any permit fee of $1,000 or more the fee to RIMI, Inc shall be negotiable between the City of Meridian and RIMI, Inc. Bentley: Okay but what does the inspector percentage that says 75% of the first $30,000 is that the same thing or am I reading something there? Smith: You probably should scratch the word permit. You're right, that should be any fee of $1,000 or more shall be negotiable. Good point, thank you. Bentley: Gary you and I had this conversation away from the rest of them, but I'm going to ask the question anyway since all four of us are now here. We budgeted for a head of inspectors and you stated you had not started that process yet. Smith: Correct. Bentley: Can we look for that to get going here real soon? Smith: Yes, I will. Thank you. I appreciate the reminder. I need those from time to time. The last one and probably the most the largest change in request has to do with our plumbing inspector. As you can see and I can't tell you exactly why that the permit MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 38 fees that were generated last year for example are significantly larger than the permit fees generated by electrical and mechanical, however they are. The percentages that the plumbing inspector has right in his existing contract gives him a percentage revenue of 37.3% and comparing that to the electrical at 45.4 and the mechanical at 49.4 1 think he sees that deficiency and that's the reason that he's requested this change. Now in terms of the dollars actually generated for payment to each one of the inspectors, the plumbing inspector has been paid more than the other two that is mechanical or the electrical. In terms of the amount of work that they actually do how different it is from one to the other, I can't tell you. I don't know. I think there's a similar number of inspections that are done. There's a rough and then there's a — I think they make three trips, don't they Councilman Bird? Bird: Yeah. They should make three trips out there. Smith: There's a rough and a trim and — Bird: The mechanical usually when they have the foundation rough, whatever you want to call that and then the trim and the final. Smith: I know that the mechanical inspector gets his knees and toes dirty because he crawls the crawl spaces looking at the plumbing, and that is an all weather. All kinds of weather. Bird: Gary when I started putting things together I wasn't in favor of this, but this gentleman (inaudible) permits one heck of a lot more than electric or mechanical and only received 12,000 more than the electrical and 20,000 more than the other. He had almost hit 90,000 more in fees than the mechanical and had 70,000 more in fees there. I guess maybe he needs a little change. Do you think it is fair, the change? Smith: In terms of the percentages of the revenue that they're earning it would be more comparable to what the other inspectors are getting, and I'm not sure how negotiable he would be with a figure other than what he has asked for. Anderson: Are there other people that offer these same services? Smith: Not that I'm aware of Councilman. I don't know that there are. I know that these guys also perform this service for Middleton and Star I believe. They've kind of gone as a combined, performed the same inspection services for those other cities, so we're not their only clients. But I don't know if there are other people out there that do this type of work on a contract basis. Bird: Gary this will be retroactive back to October 1 St? MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 39 Smith: Well I don't know. We've been operating under last year's contract which I think last year's contract was approved in December of last year, and I guess that was retroactive to October of the year before. Bird: We're a third of the way through the fiscal year and if you know the ones we keep that don't want any changes no problem, but then this the one if we decide to go with the plumbing and change his rate of percentages, then we got to go back and figure that. Corrie: Gary does our plumbing inspector work full time for us or you say he works for other cities as well? Smith: I believe he works for Middleton and Star as well as the mechanical and the building inspector. Bird: But he is a company isn't he? Smith: He's a corporation. Bird: And he does have other employees that — Smith: No. Bird: I mean I've never heard any complaints of not getting our stuff inspected. Smith: I haven't received any complaints and I don't know whether he has other employees. The only one that I know our building official has an employee. Gigray: Mr. Mayor and members of the Council and Mr. Smith, I guess the issue here that I would want to see clarified is what the intention is on Harold Electric, Inc. in terms of if this were retroactive to October 1 and proposed here. I would assume then the City would have to go back and do an accounting of all fees collected that would be subject this and then provide for the retro increase. Or if it is subject to increase subsequent to the date of approval, we can write that into the contract so that it prospectively and that's just — I don't know what he's expecting. I would just need some clarification there so when we write the final draft of this, it's in there. Bentley: My feeling as I've expressed for three years now that this is way too much money and we've started the process maybe bring it on board to ourselves provided we can get things lined up. I'm not in favor of the change in the plumbing inspector's or the mechanical and I agree with Mr. Gigray. We need to — it reads FY '98 so to me it automatically is retroactive, but I think that has to be clarified before we can take action on them. As far as the building and electrical, I think we can take action on those two MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 40 and just include on the building side the language for the occupancy permit and follow up. Corrie: Comments to my left? Mr. Rountree? Rountree: Mr. Mayor I — you know building and electrical there's no change so obviously there's no question. The other two proposing changes are they commensurate with the level of work and what needs to be done. I don't have any heartburn with the mechanical. The plumbing doesn't really create a great concern other than I would like to better understand the revenue generation and it seems to me that maybe it's inherent in the cost that's being higher for plumbing versus for mechanical and electrical inspections. I guess in fairness to them all, the percent of total revenue as a basis of permit revenue ought to be same, but the permit revenues ought to be in line with one another as well, so that's the problem I have with the plumbing. The permit revenues are significantly higher than the rest, which maybe the reason why his percent is much lower than the rest. I don't understand the rationale that went into the original contracts, and I would like to see that resolved before I could feel comfortable doing anything with the plumbing. The mechanical, the electrical and the building I have no problem with. The question of retroactivity needs to be addressed as well. Bird: Mr. Mayor I believe your difference in your fee is there's more involved in plumbing — more plumbing fees involved and you have to have plumbing fees for ditches and stuff like that even you're bringing in where you don't have mechanical and stuff like that. I think that probably helps revenue. The building and the electrical, other than the wording in the building to add that one phrase is fine. I agree the mechanical I would just present the same contract to him. With those three you don't have to worry about going back to October 1 st because they've been working on the same thing. The plumbing his total percent of revenue is about 8% less than the electrical, 12% less than mechanical. If we had been on the — used the existing system that he's proposing last year, he would have got $14,000 more, which would have been $14,000 less for our department. So building, electrical and mechanical I have no problem. I think the plumbing we may need to discuss and see what we want to do. Anderson: Mr. Mayor kind of along the same lines as Councilman Rountree was talking about, without understanding the rationale of how they put together these prices and not knowing the history of how these contracts were developed, to me it's a shot in the dark right now to guess whether these increases are warranted or if he just wants an increase because another guy is getting a higher percentage than him. I would be in favor of asking the two that are wanting an increase to come before us and explain their rationale and why they need the increase if there's increased man hours and things like that more cost to them then I would have a better clearer understanding about why they're asking for these increases. If not then it appears to me like we need to start MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 41 looking at as Councilman Bentley pointed out getting our own inspectors if these guys are just getting to the point where they're getting greedy and wanting to drive the cost up because somebody else is getting more than them. So my recommendation would be to get them in here and have them explain why they want these increases. Corrie: We got the building inspector. Everybody's in agreement that we need to add the occupancy permit. Electrical stays the same. At one point we discussed that it would be 40% anything over 60 to over 75,000 would be 40% and then quite a bit of discussion on the plumbing. So you have your choice of I guess where you want to go. Mr. Anderson or with your Mr. Bird or the combination of the two the other Council. At this point let's get a — Bentley: Mr. Mayor I would move we approve the contracts for FY '98 for the building and the electrical with the addition verbiage for the occupancy permit in the building department and authorize the Mayor to sign and the Clerk to attest. Bird: I would second that. Corrie: Okay motion made by Mr. Bentley second by Mr. Bird to approve the FY '98 on the building inspector with the addition of the occupancy inspections as well as the electrical contract that was presented without any change. Any further discussion? Rountree: Mr. Mayor just a point of clarification. It probably for fiscal year '99 what have before us is what was in fiscal year '98. Bentley: That's correct. I meant '99. Corrie: (Inaudible) Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Now, would somebody like to make — Anderson: Mr. Mayor I would like to have the mechanical and plumbing inspector services come and explain to the Council their justification why they're asking for the increases and set that for the March 2nd Council meeting. Rountree: I'll second that. Corrie: Motion made by Mr. Anderson second by Mr. Rountree to have the mechanical and plumbing inspectors come to the City Council meeting of March 2, 1999 and explain MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 42 why they are requesting the increase that they have. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Smith: That was March 2nd.. Corrie: March 2nd Smith: I will so inform them. Thank you. 3. UNION PACIFIC RAILROAD CROSSING AGREEMENT: Smith: The next item I have is an agreement for the waterline crossing of Union Pacific Railroad right-of-way on Ten Mile Road. This crossing is necessary to extend the water line from its present location on Ten Mile Road north of Pine to the development that's taking place by Hansen Hunemiller on the south side of the Union Pacific Railroad track. The agreement that Union Pacific Railroad sent to me requests a resolution or other authorization for our Mayor and City Clerk to execute the agreement. The other information provided in that memo is just for your information. The fees on all the crossing permit expediting fees etc are being paid by the developer, Hansen Hunemiller. Except for the contractors' right of entry and I suppose they will pay that as part of the contractors cost to construct the waterline extension. Gigray: Mr. Mayor and members of the Council just a point of information. This agreement provides that we must include Union Pacific as additional insured and the Clerks office facilitate that certificate or just so we're in compliance with that, and would also say that my review of the agreement it looks good because it doesn't appear to have a termination date, and I think that was important for the long term on this. Smith: And we try very hard to cross all the is and dot all the I's when we're dealing with the Union Pacific Railroad folks so that they don't have problem with these agreements. Bentley: Hopefully we'll own that someday and we won't have to worry about it. Smith: Yes, correct, thank you. So unless you have any questions I'd request your approval for the Mayor to sign and the City Clerk to attest the agreement with Union Pacific Railroad for this waterline crossing of the right-of-way on Ten Mile Road. Rountree: Mr. Mayor I move that we approve the agreement with Union Pacific Railroad for the waterline crossing and authorize the Mayor to sign and the Clerk to attest. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 43 Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the Ten Mile waterline crossing with UPRR motion as stated. Any further discussion? Bentley: Did I understand the attorney that we need a resolution for this? Gigray: The clerk's office has a form for resolution. I think Angel has it on the computer there and they can just generate those as you pass them and the minutes supply them. If that's not the case notify me and we'll get you the disc for it. Bentley: Okay thank you. Corrie: 213. Any discussion questions? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Smith: Thank you Mr. Mayor and Council. 4. AWARD BID FOR CLEANING AND T.V. INSPECTION OF SEWER SYSTEM: Smith: The next item I have is the results of a bid opening that we had on January 28, 1999 for cleaning and television inspection of sanitary sewer lines. This is an ongoing project that we have for all of our sewer lines. (End of Tape) Smith: ...bid for Municipal Service Company of Idaho, Inc. That is the same contractor that has been doing all the other work that we've had for the past several years. The contractor's bid is relatively the same as you can see on the exhibit. There are just some minor difference in unit prices. The contractor has been doing a very good job providing very quality cleaning and quality television inspection of our lines. We're very please with his work. Unless you have any questions I would request approval of this bid to Municipal Service Company of Idaho in the amount of $113,178.60 to authorize Mayor Corrie to sign and the City Clerk Berg to attest. Rountree: Mr. Mayor I move that we award the contract to Municipal Service Company of Idaho in the amount of $113,178.60 authorize the Mayor to sign and the Clerk to attest the agreement. Bird: Second. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 44 Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the cleaning and television inspection of sanitary sewer lines in the amount of $113,178.60. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. EMERGENCY REQUEST TO CONNECT TO CITY SEWER AT 911 E. PINE BY WALT CULVER. Smith: Thank you Mr. Mayor and Council. The last item I have is an emergency request form Walt Culver who owns some property at 911 E. Pine. They have a septic tank drain field serving the sewage at that home. This home is not located within Meridian City limits however it does front on E. Pine within which the city has a sewer line that presently serve Treasure Valley Business Center to the east and Crossroad Subdivision. The trunk line that was built in 1977 —78 is located along the west boundary of this parcel of ground. This property owner it's my understanding gave the easement to the City of Meridian for $1 and other considerations. The question that the property owner has what other considerations were. It's not well defined within the easement document. Their concern and they're here this evening to speak to you their concern is that the since the property is outside the city limits by ordinance we have a requirement for a double assessment fee and their concern is that double assessment fee as concerns the granting of the easement for the interceptor line that was built in 1977-78. At the time that the sewer line was extended to the east in Pine to the Treasure Valley Business Center, some services were installed to the properties along the south side of Pine. I don't have real good information record on it, but I do show on a print that I found that there was a 20 foot length of service pipe that was extended to the property to facilitate future connection. I think that's basically the history on the house and the request that Mr. Culver has made to me and I requested that he send this letter to you for Council approval as our ordinance requires. He is here this evening and may want to address you and give you any additional background that he may have on the easement that was granted in the late 1970's for construction of the trunk line. I think they're very willing to pay the single assessment. The question is the double assessment. Rountree: I have a question for Gary. What do we now in terms of an easement? Do we commonly get them granted for a dollar or are we paying for other hookups or are we have to pay essentially the cost of the right-of-way what's the norm or is there one? Smith: To this time we haven't had to pay for an easement. We have conceded some tradeoffs in terms of providing a service to the property for future connection providing certain of the ground around man holes for example, but typically it's been providing the ability of the property to access the sewer at a future date such as a service line or providing a stub out of a man hole so that it can be extended at a future date by the MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 45 property owner should they develop. Sometimes there were concessions made at the time they develop. I can recall one on Five Mile trunk going to St. Luke's where we agreed with the property owner in return for the easement that at the time they developed the property would not be required to maintain the gravel access road across the top of the sewer. However we did require that they maintain permanent access to the manholes. So we dropped that requirement at that time that they would develop. So there are some concessions that we make in terms of facilitating the easement, but like I say so far we haven't had to reimburse anyone for the cost of the easement. I'm sure that's coming. I think we have continued to maintain the attitude that the presence of the sewer increases the value of the land. I still maintain that that's a true statement. Gigray: Mr. Mayor and members of the Council, one of the things I'm trying to do at this time in working with Gary's office is to develop a form which we would use as a form contract for the extension of water and sewer services outside of the city limits, and I think we've just about got that model done. Other facets of that is that they would agree as terms of the agreement that the sewer line or the water line is going to be subject to the terms and conditions of our sewer use ordinances and that they will agree to annexation at such time and place as it becomes available for annexation so that the system can then become part of the city through annexation and that they extend the lines if it's necessary in accordance with city specifications and requirements at their expense to wherever it's hooked up to that is part of our system. Now if our system is in front of their property, then it may just be a hookup. But I think our form will take care of those particular things and maybe in this instance the biggest issues was the fee. Smith: Yes, it is. I'm pretty sure that the sewer stub can be found with a little prospecting. Mr. Culver's got the prospecting equipment. So I don't see that as a big stumbling block, but the double assessment fee was a question that they raised to me and I said well it would be best if you came and presented your case to Mayor and Council and — Rountree: I had a question for Bill on reading this easement. I can't distill out of any language in here that the intent was not to — or it was to waive any fee. At the time that this was prepared by in 77 1 don't know that we had the double assessment. Did we? Smith: I'd have to look in the ordinance book and see when that was — I'm not sure I can by even looking in the ordinance book. The bulk of the ordinance was written about that time because it was a requirement in order to get the government funds for the building of the sewer and water system. So it may have been. Gigray: Mr. Mayor, Councilman Rountree, members of the Council the one I have is very difficult to read. So I don't that I have a clear enough copy to say. It doesn't appear in what I can see in the whereas provisions which are really set forth the intent and kind of the background of the agreement that there would be evidence there that would MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 46 support a waiver of future fees and it's something that I would certainly recommend this Council not engage in the future because you know the methodology that we're using now is requiring people to put in things and then we get into agreements to provide them with latecomer fees which I think is the appropriate way to do that and then you have the terms and conditions specifically spelled out, and there's a limitation of time and so on and so forth. Rountree: Are the terms the other good and valuable consideration where that might lie and is that subject to— Gigray: In my opinion — the only time that you go outside of an agreement or an easement is if there is an ambiguity in the agreement as to whether — if you got an illegal action whether anyone could bring in what we call parole elements or other evidence or agreements or anything that was said to clarify an ambiguity. That is such standard language and any contract or any easement or any deed it would be in my opinion of no specific significance other than it would be support for the fact that there was consideration for entering into the easement. You know if they were going to challenge it on the basis well there was no consideration so the easement is void and that claim isn't being made. (Inaudible) Corrie: It's your property I assume so yes, ma'am. Would you like to — Culver: My name is Alice Culver and we are the owners of the property at 911 E. Pine, and I just want to give you some facts that you probably don't know. When this easement was written that property was a farm. The easement is 30 foot wide going north and south the entire distance of the property. The lady was 80 years old I understand at the time she gave it. She's 100 years old now. We bought this property in June. They told us when this came up on our title report that there was an easement. We immediately questioned them why. They told us that it was because the City had agreed to hook on her house whenever down the road in lieu of paying for that sewer line to go up her property line. They took 30 feet on the west edge of her property. The entire north and south distance and in this I mean I know it's really loosely written but it says now therefore in consideration of the benefits to be received that's really all it says, but it says to be received. That to me backs up what the daughter told us when we bought the property that it was a future sewer hookup fee and I just wanted to bring that to the attention of the City Council and hope that you make a decision today because we do have a failed tank. It needs something. Thank you. Corrie: Okay thank you. Council any other discussion? (Inaudible) Smith: No, sir. I don't have any other comments to make. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 47 Bentley: I wish there was some way we could research it. Bird: Yeah, we could probably look at the minutes, but that was a farm and this was in 77 or 78. Don Storey was the Mayor. I can believe it. Rountree: I guess I have a question of the Culvers. How receptive are you to annexation? Culver: I wouldn't have a problem with annexation at all. Rountree: Okay. Thank you. Culver: (Inaudible) Rountree: We'd help you. (Inaudible) Rountree: Mr. Mayor I would move that we approve the request of Walter A. Culver and Alice Culver to hook up to the city sanitation system that's stubbed to their property with the condition that they pursue annexation into the City of Meridian and that the fee for the hook up would be the normal residential hook up fee. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the emergency request for connection to city sewer with the condition that they come into the city limits and the fee would be the normal fee for connection in the city limits. Gigray: Point of information Mr. Mayor. Would that include that we would prepare the appropriate extension agreement as we're trying to do anytime we extend water lines outside of the city with these property owners? Bird: We're not extending — Corrie: It's there. Smith: It's just a connection. Gigray: But we're still connecting to someone outside of the city limits. Smith: Yes. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 48 Bird: Yes, we are. Gigray: But I mean we can modify that agreement for this situation I think we easily. I just think it's a good idea to have those so that it's clear if they're hooked to your system that at such point as they can be annexed, that provision is automatic. We would record the agreement so if they sell the property we have subsequent owners, it's considered a written application for annexation and meets that hurdle. Rountree: Let's be as clear as we can because we're working with (inaudible) now. Bird: Let's make sure 20 years from now they don't have the same problem. Rountree: Yes to your question. Smith: They are contiguous to existing city limits. Gigray: Oh, they are. Smith: Yes, the annexation process could start immediately. Gigray: So you don't think we need it then. Smith: I don't think so. I don't know if we need any vehicle to ensure that the annexation process takes place or not. The approval by the Council is going to be on that basis that they do proceed with the annexation request. Obviously along with that would be payment of the fees for the annexation. I don't know what that amounts to. How big is that parcel of ground? About an acre. I guess if — Gigray: Well if they're going to proceed with annexation I'd agree with there's no point in getting into that. If they weren't going to proceed with annexation I think we could short form the agreement and take care of it. Whatever you choose. Corrie: I think the record indicates they are going to proceed with annexation. Rountree: My preference still would be to short form the agreement. That gives us some breathing room, it gives them some breathing room. Smith: Mr. Mayor may I ask Shari about the cost? Shari what would be cost of annexation? Stiles: How many acres? MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 49 Smith: One acre. Stiles: It would be — the mailings are 1.73 per mailing and then it's $400 for the annexation itself. It would be maybe around $500 for the application. Smith: The applicant says that's acceptable. I guess we just instruct Mr. and Mrs. Culver to pick up an annexation application from Planning and Zoning Administrator and proceed with filing the application on the basis of your approval. Corrie: Any other questions? All those in favor of Mr. Rountree's motion say aye. MOTION CARRIED: ALL AYES. Corrie: So if you'll go ahead and get with Shari and the annexation then we'll take care of the other for you. Smith: Thank you Mr. Mayor and Council members, that's all I have. Corrie: Chief Gordon. B. CHIEF GORDON: 1. ANIMAL SHELTER Gordon: Mr. Mayor, Councilmen, we advertised for bids for a new dog pound, the City Clerk did. My staff and Councilman Bird personally contacted some contractors in an attempt to get some bids. We only had one packet picked up and that was filed late and that was with Lasher Construction. I guess where we're at right now is it was properly advertised. Do we want to go ahead with the one bid or do you want to reissue? I'm kind of open here. I don't have a problem with Lasher Construction other than my son- in-law works for them. Doug Lasher assured me that he won't be on site. The bid appears to be fair as far as I'm concerned. Bird: Bill we crossed all the is and dotted our I's. I feel that this is a legitimate bid, Lasher Construction worked on it, come in with an honest bid. I don't know what the state laws — we advertised, we waited. I mean there was a foul up on the deals when we advertised for February 15th and did something else that the thing said February 3rd or something I guess was that right? So we waited until the 15th kept it open. I for one would just as soon give them the award and the contract and let them get to work. You can have it rebid and now they're getting busy. It's going to cost more money anyway. And you probably won't get any more bids. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 50 Bentley: Mr. Mayor yes I would agree with that. We've done the rebidding route once before and it cost us about $20,000 and if Mr. Gigray doesn't have a problem with it on the legal side I say we press forward. Gigray: Based on the information I've heard this evening, it sounds like you've aired on the side of caution to allow any additional bidder on any time more time to submit a bid and haven't closed it off. No bids were received and the original bidder would appear to be the only one that could have complained about that if they filed a timely bid. If you're comfortable if it meets bid specs and it's a competent bidder, then have at it. It's in the budget. Anderson: That was my question. I just wanted to get in my mind now what did we budget for this? It didn't seem like it was that much. Gordon: The original bid that I put on my budget was $90,000. That was cut to $70,000. 1 have $70,000 in capital outlay for the building. Anderson: So we're about $18,000 short. Gordon: Yes, sir. The kennels — they might appear to be rather expensive but they are professional animal kennels and they are the same as the Idaho Humane Society has presently. We considered going to a chain link outfit and just having some portable kennels made and they weren't anywhere close to the quality of these. These are designed — there's ten kennels which can be split so we have actually have 20 kennels is what we'll end up with. Anderson: Is this design of this animal shelter is it also so that we can expand in the future because I'm sure we'll have the need. Is there room to expand where you plan on doing this? Gordon: Yes, sir, there is. With the 20 kennels we're going to put in there now, we have room in that building to put another ten and there is room to expand down to the road. We can probably get in another ten to fifteen. That's if Gary Smith would allow me to encroach on his land out there, which we're doing now. This has been a good project as far as land acquisition. It hasn't cost us anything yet. Bentley: On the aspect of the budget, the Chief will have additional revenue coming in that wasn't budgeted for and that's on the Idaho Power Franchise fee, so he'll have additional revenue go into his account that should be able to cover the additional expense. Bird: Mr. Mayor this is something and maybe I'm way off base. I've bee before, but things like this that is owned by the city I don't why we keep putting it in each MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 51 department's budget. This is a capital improvement for the city, not for the police department, not for anybody else and that's something I think we need to look at when we budget again each year. I realize it goes over a little bit Councilman Anderson but to get it done right, I feel we have to do that. If you want a first class outfit. I think you need one. By having bought chain link kennels myself for 20 kennels $16,000 isn't much money and these are much better than the ones I have. Rountree: Mr. Mayor I have a bit of concern with the budgeted amount and the ultimate cost. I'm concerned that nobody's interested in bidding on this project. I'm also concerned with the cost per square foot on this project is somewhere between $55 and $60 not including the cost of the land which seems to me a rather expensive facility to house stray dogs. I understand that we're in that business. We're not a rich city. That's $70-- $80,000 going to the dogs and Mr. Bentley is right no pun intended. I just point that out that I think that that's something where I (inaudible) and I don't know if we can do it for any less. I'm not in the construction business. But I know you can buy housing for that cost — when you're not including the price of the land. I've got to think that some folks in the — if this was in the newspaper would be a bit upset at that kind of expenditure. I just point that out. Being sensitive to the accountability aspect of this. also know we generate significant fees or some fees as it relates to stray animal fines and when we budgeted this indicated that that's how we were going to pay for this and I'm all for that. That's where that money should go because that's why we're collecting, but just point that out that this is over what was budgeted and — Bird: The building isn't over. Rountree: The building is not but as a functional building it is. Bird: I agree the cost per deal is pretty high, but you look down through the specs, you're getting a metal building. You're getting sheet rock, you're getting insulation, you're getting all your gas heater, all this stuff. It goes with the fire station the one — the one that Garden City just built two years ago, I've got $65 per square foot. Ours is running a hundred and some dollars a square foot. If you put up a steel building like we've got — like I've got in my shop yeah you can probably build it for 25 or $30 a square, but you don't have no insulation, you don't have any of that kind of stuff. So wish we had more than one bidder, so did Chief, I called three personal contractors asked them to pick it up. I don't know. Anderson: Did we have a set of drawings or was this just kind of we surmised that we needed or was it an architect? Gordon: It was a design and build RFP. We had the basic specs, the height, the measurements, the basic measurements, had a floor plan basically and went off of that. It's kind of a simple building. It has a small office in one end. Everything is sheet MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 52 rocked and insulated inside to maintain some type of temperature for winder months. It's not just an empty shell of a steel building. And I can't help but think there's just so much out there. They just — they didn't see enough profit in it to bother bidding. We didn't even get any calls. Even the ones we called wouldn't return our calls. So I'm open I would (inaudible) Councilman Bird as far as the cost goes. He's more familiar with that than I am. Bird: You know it's an expensive square foot, but you're getting a lot for that. If we just want a steel building and stuff we can probably knock it down a bit. If we want to go to cheaper kennels we can probably go to cheaper kennels. Ten years from now we'd probably be changing them out, but I don't like the cost. And I'm sure I'm like Chief, wish we had more than one bid. Corrie: In order to speed this up, I'll entertain a motion — Mr. Gigray— Gigray: Just for the Council's information I would just note it seems like you have a major retailer in this community Zam Zow's that really I think made a major effort in advertising and trying to get this Idaho Humane Shelter out at Gowen Field up to snuff and I remember that a major campaign and if you move forward with this and you get any repercussions about this, they may be a real good source of information about why decent shelters for animals is important to the community. Gordon: Kind of along those lines we had that article in the Statesman. Martin Johncox did an outstanding job for us as far as our shelter out there. We were just over run the next day with phone calls, people volunteering to come out and paint or feed the dogs or just a multitude of things. One outfit was going to round up a bunch of contractors and come out and just go through the whole existing pound. I don't know they are going to respond to the cost of the shelter, but I can tell you people think more of their dogs than they do — they won't open the penitentiary out there to put crooks in, but they want a dog pound that's — Bentley: Can we rent that? Gordon: We could get a hold of Governor Kempthorne. I'm sure he'd sublease it out to us. There has been some comments of late about the condition of our pound, and it is getting — there's not much we can do. Paint won't help it any more. Bentley: Also when we raised the rates on the pick up fees for dogs and licenses, the intent of that revenue was to rebuild the kennel or to build a new one because rebuilding the old one was impossible since it's already been added to once and the big expense you got is your sloping floor with drains. It is expensive, but I still think we need to go with it, because the first time animal rights shows up down here, we'll be doing it. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 53 Anderson: I'll bit the bullet on this because I'm a dog lover, but I will make a motion that we approve the contract with Lasher Construction for a bid amount of $69,900 and T - Kennel Systems for $16,980 to build a new dog kennel. Bird: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bird to contract with Lasher Construction bid of $69,900 and T -Kennel Systems for $16,980 for a total of $87,880. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: 3 AYES 1 NAY. Gordon: Thank you gentlemen. I would like to just one more item, I would like to commend Mr. Gigray on the speed in which he researched and got those two ordinances ready for us. We were needed and I did appreciate it. Thank you. Corrie: Mr. Gigray, do you have anything at this point? C. BILL GIGRAY: RESOLUTION #214 Gigray: Mr. Mayor and members of the Council I was asked at the last Council meeting to prepare a proposed resolution for the establishment of a ad hoc committee for solid waste. We have submitted that for various approvals through various departments through the Mayor and also with Sanitary Services, Inc. and I apologize for just getting the final draft to you this evening, but we have obtained those approvals subject to a couple of comments, and if you want the original is on the top there Mr. Mayor, the copies are — this is drafter first with findings. One of the things just as a point of actually just memory on this whole issue if you determine at some point you want to make a permanent committee out of this committee it will require us to draft an ordinance. You can do it by resolution though. If it's not a permanent committee and this provides in section 2.1 that this committee would exist for a period of one year. You could do annual renewals but you would have to recommission it. It proposes five members including Public Works Director, the MUBS supervisor, Planning and Zoning Commission Chairman, a Council member and a resident at large to be appointed or nominated by the Mayor and approved by the Council. One of the comments that I have received this evening from Mr. Gregory was some question about who should actually be serving that committee. Steve did comment to me this afternoon and approved generally the form of this resolution. We've tried to establish the duties of this ad hoc committee in section three dealing with issues of franchises, issues with ordinance and programs which the solid waste franchise holder would propose to initiate in the city and then to advise the City Council about all those matters. Mr. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 54 Gregory asked me a question about the need for potential or for advice by the City Attorney's Office in this matter and I advised him that that's part of our standard duty is to staff committees as they are needed to be staffed and that they would be provided with legal assistance automatically as part of the city's policy. Corrie: Mr. Gigray, do you have any comment on this since this is part of your company is involved in your ad hoc committee. I know it's not a public hearing but I'd like to have your input on this real quick. Gregory: It's Mr. Gregory not Gigray, close enough. Bill Gregory Sanitary Service Company and the only comments I had was there may be a lot of code and ordinance questions and so forth that may apply to not only city ordinance and code but also state that I was hoping that we would have legal representation on the committee that could advise us you know along every step of the way. There's a lot of promotion and education material and a lot of programs we wish to implement and I mean we've spent $10,000 for waste oil, holding tanks, and tanks for the solid waste vehicles to collect motor oil at the curb. We want the committee's input and involvement on how to design and press releases and so on and so forth on behalf of the city on how to promote the education. The public are our citizens and our customers on what we plan to do and how we want to do it. Those types of issues I don't know I guess in regards to designating the Public Works Director, you know, maybe the Public Works Director would want to appoint someone or representative from his department as well to serve on the committee rather than the Director himself. Then again the Planning and Zoning Chairman, I think Mr. Gigray has addressed that already and I think that's up to the department heads to (inaudible) but I think you know I'm extremely looking forward to pleasantly looking forward to the opportunity of working with the committee. Corrie: Okay thank you. Gary, do you have any objections of being on that as the Public Works Director? Smith: No, sir. Gigray: I just might further comment I think as I mentioned the last meeting of very timely because we have a number of drafts of proposed ordinances or ordinance proposed agreement that we're about to the point where we'll be circulating those so the formation of this committee I think is extremely timely for that whole matter, and I just want to go on record that when I first heard Mr. Gregory's name I think there would be a time when he and I could be at the podium at the same time because as a young lad as I was growing up I had to answer the phone because my dad is an attorney, and every time when somebody would ask is Mr. Gregory there, so I've had that moment. Corrie: Very good. So if you would like you can do the resolution tonight then. It's already set. It's set for the Council. 214. It will be sponsored by whoever makes the MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 55 motion. I suppose if you want to do it tonight or you can do it whatever you want. Does it read the way you want it to read? Bentley: It sounds good to me. Corrie: Whoever would like to make the motion I put you as — Bentley: Mr. Mayor I move that the City of Meridian approve for resolution #214 for the providing a committee for the solid waste committee. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Rountree to approve the resolution #214 a resolution establishing ad hoc committee for the WWAAC. (Inaudible) Corrie: Any further discussion? Hearing none, all those in favor of the resolution motion say aye. MOTION CARRIED: ALL AYES. Corrie: I'll get you the name. We've been working on that one with Mr. Gregory. Rountree: Mr. Mayor, one other item for Bill Gigray, otherwise known as Gregory (Inaudible) Rountree: We've got this notice on the Jake brake ordinance, I would make a motion that we accept the recommendation and the memo to us dated February 12th and then put that aside until further need. The Jake brake ordinance just not do it. We directed them to do it. Corrie: Point of information is that is only — ordinance only in the unincorporated areas, not in the incorporated areas. Gigray: Correct unless you pass an ordinance it does not apply inside the city limits, and we always like to route those through the Chief because he's the one that's in charge of enforcing them and he's real good about getting his information back to us. That's the information I received so I thought well let's put the brakes on this one. Anderson: I have here the contract for the architectural services with ZGA for the fire station. We instructed the City Attorney to go over the contract that was a standard AIA MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 56 contract, and he found some items in there that he questioned and so I've got a revised copy of those back and they have incorporated all of Mr. Gigray's comments in there and so we'll present this to you and I guess we've already given you the authorization to sign that thing. And the architectural firm has been gracious enough to start working with us, but they need the signed contracts with the other engineering firms that are going to do mechanical and electrical and until we get a signed agreement from you he can't sign those contracts with those folks so that's the original so if you could get that signed and a copy back to them, we would appreciate it. Bird: It's been passed and everything. Corrie: It just needs my signature? Bird: Just needs your signature and the Clerk to attest. Corrie: I think we're going to have an executive meeting next according to state code 67-2345 to executive session on property acquisition. Motion's been that we go into Executive Session according to state code. All those in favor say aye. Rountree: Before you get out of here tonight let Will know when you can meet with ACRD. Bird: I thought we already — we've all done it. Corrie: The 26th? Bird: Is the Charlie the only one — 15. EXECUTIVE SESSION — PROPERTY ACQUISITION: Corrie: Okay we've come out of Executive Session at 12:20 talking about purchase of property. No decisions were made and no voting was taken. So in that case I will entertain a motion that we adjourn. Anderson: So moved. Bird: Second. Corrie: Motion made and second that we adjourn at 12:20. All in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 12:20 MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 57 (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR I."Immo s WILLIAM G. BERG, JR., CITY CLERK