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HomeMy WebLinkAbout1999 09-07MERIDIAN CITY COUNCIL MEETING SEPTEMBER 7, 1999 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on September 7, 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, Shari Stiles. Corrie: Welcome each of you here this evening. This is the City Council meeting for Tuesday, September 7, 1999 at 7:30. Council, you have the consent agenda in front which is A, B and C approval of minutes from previous meeting held August 17, 1999. B is the blood draw agreement with Ada County and C is approval of bills. What's the Council's pleasure on the consent agenda? Bird: Mr. Mayor I move we approve the consent agenda A, B and C. Bentley: Second. Corrie: Motion is made and second to approve the consent agenda of A, B and C. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. SWAAC REPORT / CURBSIDE RECYCLING BY STEVE SEDLACEK: Corrie: Steve? Slonaker: Good evening Mayor Corrie and the City Council. My name is Nancy Slonaker, and I am the chair person or chairman as you would have it and the citizen at large on the solid waste ad hoc advisory committee, which you will recall was created in February of '99 by the City Council. We started meetings in March of this year, March of '99 and I would like to just inform you very briefly and very quickly on our accomplishments to date. We have met approximately every two weeks, two to three weeks, and we sit around and talk trash in the City of Meridian. We have some fun and we have actually gotten some things done. First of all, we organized and put together the first annual household hazardous waste collection day, which occurred on March 8t" out here in the back parking lot behind city hall. On that day we collected household hazardous waste from 349 households in the City of Meridian totally 18,214 pounds. All these items were kept out of the main waste stream instead of going up to the landfill, they were disposed of in a correct fashion. So we're very proud of that great out turn for the first event of this type. The second thing is we organized and initiated a curbside used oil recycling program which was put together by Sanitary Services and anyone in the City of Meridian can now put used oil out at the curbside and very convenient for the local residential customers and it is picked up at the curbside and correctly recycled. The third thing that we've accomplished to date is we have rewritten the Meridian Solid Meridian City Council September 7, 1999 Page 2 Waste Ordinance, which I think you probably have all seen come across your desks and it is still in the process of awaiting passage of that ordinance. It's been updated and is very current, and I think it's going to be workable document for many years to come. The reason we're here tonight is to inform you of ideas we have for future projects and one that we would like to present in detail tonight. The first thing we're going to do is we're going to put together a fall leaf collection program which will hopefully we can coordinate with the Parks department to provide some mulching materials for use in the city parks and get a lot of the fall leaves out of the solid waste stream. In the future, we'd also like to put together a yard waste recycling program for yard waste clippings, grass, leaves, and so forth to keep large amounts of solid waste out of the waste stream. Yard waste compromises about 30% of the solid waste that's picked up in the City of Meridian so we'd really like to get some of those items out of the waste stream also. We're also going to host a composting bin sale in October of this year, which will be next month in coordination with the City of Boise where residential customers in Meridian can purchase recycling compost recycling bins at a reduced price that they can use for their residential use which will also keep solid waste out of the waste stream. The reason we're here tonight is to ask for your consideration for a curbside recycling program in the City of Meridian. I moved here four years ago and had always recycled all of my life and one of the very first telephone calls I made as a new Meridian citizen was to call the city hall to find out where I could pick up my recycling bin. At that point I was told that we don't recycle in Meridian because we tried it and the people didn't like it. I said how can you not like recycling? That's like not liking clean air. I was astounded that this program did not exist in the City of Meridian. I feel very privileged to have found my way to a committee where hopefully I can help put a program like this together so we can move forward with a progressive program that will be similar to programs going on all around us in Idaho. Tonight I believe you have a proposal that should have been in your mailboxes or on your desks concerning this program, what it's going to look like, how we'd like to put it together. We hope to recycle plastic containers, mixed paper, newspapers, magazines, tin and aluminum cans and cargated cardboard. This includes things like junk mail, cereal boxes, all kinds of boxes coming out of the home, really a large quantity of items which we hope is going to reduce the waste stream by about ten to fifteen percent, so at this point I would like to just hope that you will consider this and give us a thumbs up. That's why we're here tonight. The committee has worked very closely with Sanitary Services to put this program together. They are willing to work with us on it. They want to do it, we want to do it. I can't imagine that anybody in the City of Meridian won't want to do it. We will have a time for public comment as you see in the flier that we've put together. Steve Sedlacek is here from Sanitary Services tonight and I'm going to ask Steve to just detail or just highlight how the program would work very quickly before you give it your final consideration, but I sure hope this is something that we can do. Thank you. Corrie: Thank you very much, nice job. Meridian City Council September 7, 1999 Page 3 Sedlacek: Thank Nancy, Mr. Mayor and members of the Council, I think in your briefing packet you have a memo from the Solid Waste Ad Hoc Advisory Committee regarding curbside recycling. I hope you've had a chance to read it. Other members of that committee are Bill Gigray, Charlie Rountree, Gary Smith, a representative of Planning and Zoning, I'm not sure, Leslie Howard from the billing system folks too. Basically what we're at tonight is a decision point and we need your input and approval if that's what you desire regarding where we're at and where we'd like to head. We envision this program to be something very similar to the City of Boise and Ada County's program where all residents will be given an 18 gallon recycling bin, they sort their recyclable into paper sacks that they have in the bins by material. All the newspapers go in one, all the aluminum and steel go in another, there are some sorting going on by the resident. That bin is placed on the curbside on collection day with your trash. We pick it up in a separate vehicle and take it to Western Recycling. I guess the thing to understand in this whole program is that this will add to the cost of solid waste collection in the City of Meridian. There's no way around it. The recyclable material has some value, but not a lot. Bill Gregory knows a lot more about how much the material is worth. I think it's like ten cents a house per month or something. Sixty cents a house per month. It costs us a lot more to drive down the street with a new truck and a driver and collect it than that. So it's not a break even deal. This is going to cost money. So I guess we want you to understand up front that this is kind of the direction we're headed and get comments back from you. If this is something you'd like us to pursue. The question is does the public want this or not? I don't know. Statistic say that 80% of the people if you have education, if it's easy to follow, and people understand what's going on 80% of the people will support it at about $2 per house per month, they'll participate. Not everyone will support it. Not everyone will participate. The question is, is this something you want to see happen in the City of Meridian? What we would like to do is detail more on the last page of our memo, there's five steps that we'd like to proceed with. The next step being we develop a questionnaire that we will send out with the city utility bills and start getting some feedback from the citizens through the utility billing system, telling them what the program would be and finding out if they would support it. We would then take the data summarize it for you, come back to Council and discuss what it means. We could do that in a workshop session, we could do it in a normal City Council meeting if you would like to do that. If you wanted to continue at that point, you have another decision to make and yes let's continue. We would start with more educational materials and we would set a date for a public hearing. We would conduct the public hearing and at that point you've heard people come to you and say yes and no by pro and con comments. And at that point if you wanted to implement a program if you felt there was support of the public sector to do that, we would like to implement the program. So tonight the question is would you like us to start down that path investigating this type of program and developing the questionnaire and start to getting public input and I guess Charlie if I've missed anything, you can — Rountree: You did a great job. You too Nancy. Meridian City Council September 7, 1999 Page 4 Bentley: Mr. Mayor from my perspective, I would like to see them proceed with the program. I've had numerous calls on this very issue and I think the one thing the public has to understand that sooner or later the federal government is going to start demanding that some of the stuff be kept out of the landfills and I think we're a step ahead if we move on it on our own. Sedlacek: Right now we have the cheapest landfill disposal rates in the nation in the county here and that prevents people from recycling in a way. It's cheaper to throw it away than recycle it so that why. It costs money to recycle. That doesn't mean it's the wrong thing to do, but there's a conscious decision to be made there. It's a proactive stance to take. Rountree: Mr. Mayor. First off I'd like to thank all the members of that committee. They've done a great job not just with this proposal but with everything they've taken on and they're a bunch of doers and they do get things accomplished and that's nice to see so thank you all. As for this request, I support it 100%. 1 don't see that it really requires anything on the part of the city. What is asking was the constituency want as it relates to recycling and if it looks like there's a group or a percentage of folks out there that would like to see a recycling program having been informed that there is a bit of a cost to that, we would have that information and know whether to move on. So I support it 100%. Corrie: One question Steve. You would have developed that questionnaire? Is that correct or your committee has? Sedlacek: Yes. We would start developing the questionnaire tomorrow. We have our meeting tomorrow about 5:15. Corrie: Okay, good. Any other comments? Anderson: I would just like to echo my support for the program. I think that this community is ready for recycling. I've lived here in Idaho pretty much all my life and I've seen the landfills fill up and I've seen the tremendous increases in population and I think recycling is the right thing to do and I think the people at this point would probably be willing to support the nominal cost that it would take to do that, so I would throw my support behind this project. Corrie: Thank you very much for the committee. You've done an excellent job and since it seems like a consensus of the Council that we would like to have you go ahead and start. Do you want to make it a motion or just tell them to go ahead — Rountree: I don't know that we need a motion. Let's move forward. Meridian City Council September 7, 1999 Page 5 Bird: Let's go forward. Corrie: Thank you very much. 2. ORDINANCE #841 -- ANNUAL APPROPRIATION FOR FY 99-2000: Corrie: Mr. Clerk the ordinance number is going to be what? Berg: 841. Corrie: Okay, Mr. Berg would you read Ordinance #841 by title only at this time? Berg: Thank you Mr. Mayor. (ORDINANCE #841 WAS BY TITLE ONLY) Corrie: You've heard the reading of Ordinance #841 by title only which it is the appropriation revenues and expenditures of $26,173,500. Is there anyone from the audience who would like to have the entire ordinance read in its entirety? Council, I'll entertain a motion on Ordinance #841. Rountree: Mr. Mayor I move that we approve Ordinance #841 with suspension of rules. Bird: Second. Corrie: Motion is made by Mr. Rountree second by Mr. Bird to approve Ordinance #841 with suspension of rules. Any further discussion? Hearing none, roll call vote. ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 3. TABLED 8/17/99: FINAL PLAT FOR MAWS NO. 3 SUBDIVISION (7 BUILDING LOTS) BY TEALEY'S LAND SURVEYING—NORTH OF PINE & WEST OF LOCUST GROVE RD: Corrie: This is a final plat. I was told by the Planning and Zoning Director – Mr. Gigray maybe you can help us here is we may need to go to item number 11 first to request for the variance for pressurized irrigation system and then go back to the final plat. Is that correct? Gigray: Mr. Mayor and members of the Council, I would agree. The variance I believe was a condition that was determined was necessary before final action on the plat. Meridian City Council September 7, 1999 Page 6 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE FOR PRESSURIZED IRRIGATION IN MAWS NO. 3 SUBDIVISION BY TEALEY'S LAND SURVEYING — NORTH OF PINE AND WEST OF ADKINS AVENUE: Corrie: All right with that if the Council has no objection I would move to item number 11 for the Findings of Fact and Conclusions of Law. This is a request for variance for pressurized irrigation in Maws No. 3 Subdivision by Tealey's Land Surveying, north of Pine west of Adkins Avenue. Council you have the findings of facts before you I believe. I'll entertain your motion at this time. Bentley: Mr. Mayor, I move that we approve the Findings of Fact and Conclusions of Law and Decision and Order granting the variance for Maws No. 3 Subdivision. Corrie: Okay, I have a motion from Mr. Bentley. Do I hear a second. Rountree: I'll second. Corrie: Motion is made and second that we approve the Findings of Fact and Conclusions of Law granting the request for variance. Any further discussion? Hearing none, roll call vote. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, NO MOTION CARRIED: 3 YEAS, 1 NAY. 3. TABLED 8/17/99: FINAL PLAT FOR MAWS NO. 3 SUBDIVISION (7 BUILDING LOTS) BY TEALEY'S LAND SURVEYING—NORTH OF PINE & WEST OF LOCUST GROVE RD: Corrie: Okay then we'll go back to item number three. This is the final plat for Maws No. 3 Subdivision. Shari any comments from staff before Council votes on the final plat? Stiles: Mr. Mayor and Council we would just ask that you incorporate all staff and agency comments as a condition of the approval. Corrie: Okay. Rountree: Mr. Mayor I move that we approve the final plat for Maws No. 3 Subdivision subject to all staff and agency comments and Planning and Zoning Administrator comments of June 11 th, 1999. Meridian City Council September 7, 1999 Page 7 Bird: Second. Corrie: Motion is made by Mr. Rountree second by Mr. Bird to approve the final plat of Maws No. 3 Subdivision incorporating all comments from staff. Gigray: Mr. Mayor point of information. Item number 11 in the staff comments under site specific requirements references the need for a variance. With the permission of the mover of the motion if it passes, we would make the appropriate changes to show that that variance has been granted and we would change that one provision in conformance with Council action. Corrie: Is there approval of – Rountree: That's fine with me. Bird: Yes. Corrie: Any further discussion? All those in favor of the motion of the final plat approval say aye. MOTION CARRIED: ALL AYES. 4. TABLED 8/17/99: ORDINANCE # -- ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.—SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Corrie: Mr. Gigray, I believe you have a comment here. Gigray: Mr. Mayor and members of the Council, this matter was continued to September 7t" on the basis that we had prepared and the City Council had adopted certain Findings of Fact and Conclusions of Law and Order of Decision finding that the McClure's were the owners of the property. We have subsequently received a communication from JoAnn Butler representing the developer indicating that the property had been sold to the applicant and then they had requested some other changes in the development agreement. One change to section 8.1, 1 do not agree with what they're proposing there and this has to do with in case they are not found to be in compliance with the conditions, the necessary time span and the events covering a motion to deannex. Their position is that Ionic Enterprises, Inc. is now the owner. I have not received a copy of any kind of deed indicating that this is the case. It is a California corporation and the address given is in care of a local company. I really at this particular juncture and I had originally said that we need to reopen the hearing in order to establish a finding to amend a finding show that the true owner of this property is and Meridian City Council September 7, 1999 Page 8 she had written back saying that that wasn't necessary that it was in the record and I believe it was in her answer to questions by Councilman Rountree regarding who the owner was. In this instance since the applicant is Ionic Enterprises, Inc. and Stamas Corporation, if we can establish that they are the true owners of this property with the appropriate indication that the corporation is authorized to do business in the State of Idaho by the Secretary of State, you may proceed to amend that development agreement to provide for that change in the name of the owner because it seems to me to be basically procedural since they were on the application anyway. But we just haven't got all that worked out yet. Corrie: Then we need an ordinance number here assigned. Is that correct? Gigray: I believe you're holding the ordinance until the development agreement is signed, and I don't think the Clerk has the development agreement. Corrie: I thought you had it, I'm sorry. Gigray: No. Corrie: Okay, I'll entertain a motion to table this ordinance then. Bentley: Mr. Mayor, how far out do we need to table this? Gigray: I would just think the next meeting. Excuse me Mr. Mayor. Bentley: Mr. Mayor, I move we table the annexation and zoning ordinance for 6.15 acres for Cobblestone Village until September 21St Bird: Second. Corrie: Motion made and second that we table until September 21, 1999 ordinance on the Cobblestone Village annexation and zoning. Any further comments or discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 4.6 ACRES BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING—NORTH OF OVERLAND RD, SOUTH OF 1-84 & EAST OF TEARE AVE: Rountree: Mr. Mayor I guess I would like to hear from staff if they have any comments on the findings. Meridian City Council September 7, 1999 Page 9 Corrie: Staff comments? Rountree: Mr. Mayor I would move we approve the Findings of Fact and Conclusions of Law and Decision and Order for the annexation and zoning for the Treasure Valley Baptist Church. Bird: Second. That does include K.D. Roofing, doesn't it? Corrie: Motion by Mr. Rountree second by Mr. Bird to accept the Findings of Fact and Conclusions of Law of the Treasure Valley Baptist Church and K.D. Roofing. Any further discussion? Hearing none, roll call vote. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 6. DEVELOPMENT AGREEMENT FOR TREASURE VALLEY BAPTIST CHURCH / K.D. ROOFING BY TREASURE VALLEY BAPTIST CHURCH — NORTH OF OVERLAND, SOUTH OF 1-84 & EAST OF TEARE AVENUE: Corrie: I see the development agreement has been signed. All right, I'll entertain a motion on the development agreement. Anderson: Mr. Mayor, I would make a motion that we approve the development agreement for the Treasure Valley Baptist Church and K.D. Roofing and authorize the Mayor to sign. Bird: Second. Corrie: Motion made and second to approve the development agreement for Treasure Valley Baptist Church / K.D. Roofing and the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 7. ORDINANCE #842 -- ANNEXATION AND ZONING OF 4.6 ACRES BY TREASURE VALLEY BAPTIST CHURCH — NORTH OF OVERLAND, SOUTH OF 1-84 & EAST OF TEARE AVENUE: Corrie: Mr. Clerk, what's the ordinance number? Berg: Mr. Mayor, 842. Corrie: If you'll read that by title only. Berg: Thank you Mr. Mayor. (ORDINANCE #842 WAS READ BY TITLE ONLY) Meridian City Council September 7, 1999 Page 10 Corrie: Is there anyone from the audience who would like to have Ordinance #842 read in its entirety? Hearing none, I'll entertain a motion on Ordinance #842 annexation and zoning of 4.6 acres. Bentley: Mr. Mayor, I move we approve Ordinance #842 with suspension of the rules. Rountree: Second. Corrie: Motion made and second that we approve Ordinance #842 with suspension of rules. Any further discussion? Roll call vote. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING—NORTH OF OVERLAND RD, SOUTH OF 1-84 & EAST OF TEARE AVE: Corrie: Mr. Gigray you mentioned here with the ordinance ahead of time. (Inaudible) Gigray: Mr. Mayor and members of the Council matter of procedure. It would be my recommendation you table this until the next Council meeting to assure that the ordinance which you've just passed is published and become effective which would include that land which is the subject of this application within the city limits in a zone which was appropriate to grant a conditional use permit because when you pass these findings and this decision and order you would grant a conditional use permit so I would recommend it would be appropriate to do it at the next Council meeting. Bentley: Mr. Mayor, I move we table the Findings of Fact and Conclusions of Law on the request for conditional use permit by Treasure Valley Baptist Church to 9/21/99. Rountree: Second. Corrie: Motion is made and second that we delay the final actions on the request for conditional use permit until the meeting of September 21, 1999. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR USE OF EXISTING BUILDING FOR A PRIVATE SCHOOL—BY CAPITAL CHRISTIAN CENTER—NORTH OF FAIRVIEW & WEST OF EAGLE ROAD: Corrie: Staff any comments on this conditional use permit? Meridian City Council September 7, 1999 Page 11 Stiles: Mr. Mayor and Council, I don't. I wonder if there was a conditional use permit required for the upcoming wedding? Corrie: Okay, Council, you have the Findings of Fact and Conclusions of Law and Decision and Order. What is your pleasure? Bird: Mr. Mayor, I move that we approve the Findings of Fact and Conclusions of Law and the Decision and Order granting conditional use permit for the use of existing building for a private school by Capital Christian Center, north of Fairview Avenue and west of Eagle Road with suspension of rules. Rountree: Second. Corrie: Motion made and second request for conditional use permit for existing building at the private school Capital Christian Center. Are there any further discussions on the proposal? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bird: It's roll call. Rountree: Should be a roll call. Corrie: Well you can if you want to. You don't have to. It's not an ordinance, but we can have a roll call vote. BIRD, YEA. ROUNTREE, YEA. ANDERSON, YEA. BENTLEY, YEA. MOTION CARRIED: ALL YEAS. 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE FOR TIME EXTENSION FOR FINAL PLAT OF PACKARD NO. 1, PHASE 2 BY TEALEY'S LAND SURVEYING — NORTH OF FAIRVIEW AND WEST OF EAGLE ROAD: Corrie: Any staff comments? Smith: Mr. Mayor, Council members, on page one of the Order in the upper left hand corner it has a brief description of the project. About two thirds of the way down it references the northwest quarter of section 5. That should read the northwest quarter of the southeast quarter. Corrie: On page one or page two? Smith: Page one of two on the order which is the last two sheets or three sheets of the submittal. Or if you want to change that northwest quarter to the southeast quarter, that would suffice also. It's in that southeast quarter, but the problem is the northwest quarter of that section is getting up into the conflict that we were in at the last meeting with the location. It's the preliminary of the number two sub area, the Wingate Lane. Bentley: What would you prefer? Meridian City Council September 7, 1999 Page 12 Smith: Well specifically it is the northwest quarter of the southeast quarter, that locates it more specifically, and that is probably what was intended. Thank you. Rountree: Mr. Mayor I move that we approve the variance requested by Tealey Land Surveying for Packard's No. 1 phase 2 with the correction on the Decision and Order as explained by City Engineer Smith referencing the northwest quarter of the southeast quarter of section 5 township 3 north range 1 east. Bird: Second. Corrie: Motion is made by Mr. Rountree second by Mr. Bird to approve the Findings of Fact and Conclusions of Law for Packard Subdivision No. 1 phase 2 with the corrections as noted. Any further discussion? Hearing none, roll call vote. BIRD, YEA. ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 2.0 ACRES OF LAND FOR OFFICE USE (I -L ZONING) FOR JACKSON'S FOOD STORES—NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: Corrie: Staff any comments at this time? Bentley: Mr. Mayor I move we approve the Findings of Fact and Conclusions of Law and Decision and Order granting annexation and zoning for Jackson's Food Stores. Corrie: Do I hear a second? Anderson: Second. Corrie: Motion is made and second that we accept the Findings of Fact and Conclusions of Law and the request for annexation and zoning of Jackson's Food Stores. Any further discussion? Roll call vote. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR PUD TO ALLOW OFFICE BUILDING CONSTRUCTION ON ADJOINING SITE FOR JACKSON'S FOOD STORES— NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: Meridian City Council September 7, 1999 Page 13 Corrie: Staff any comments on this item number 13? Bill, do we have to wait on this one as well since this is an annexation? Gigray: You're talking about item number 13? Excuse me, I'm still on 12. 1 believe Clerk you have the ordinance on item 12; do you not? Because my – I assume that will be scheduled for the next Council meeting. Berg: Excuse me Mr. Mayor. Does Mr. Gigray have his memo that he addressed to me with your packet that told me to hold the ordinance until the next convenient meeting. Gigray: Right. I just wanted to make sure you had that. Berg: I do have it so we'll put it on the agenda for the next meeting, and does that mean also that we need to wait for the conditional use for the next meeting after that? Gigray: Yes, if it's for the same parcel, yes. Corrie: It would be the 5t" of October then for this one. Bentley: Mr. Mayor I move we table the conditional use permit for Jackson's Food Store until October 5, 1999. Rountree: Second. Corrie: Motion is made and second to table item number 13 until October 5t", 1999. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 14. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC—NORTH OF 1-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET: Corrie: Staff any comments on this one at this time? Smith: Mr. Mayor and Council, it wasn't specifically referenced in the comments from my department, but there is an issue with the sewer and the water that's been constructed in Allen Street and it has to do with payment of contractor that did the work. It's being resolved by the owner of the Holiday Inn Express development. However I just want everyone to know that does exist and until that is taken care of, cleared up Meridian City Council September 7, 1999 Page 14 and the sewer and the water lines are finaled and accepted by the City of Meridian, service would not be available. (End of Tape) Bird: Mr. Mayor, I guess we're not going to have any more discussion so I move that we pass the Findings of Fact and Conclusions of Law and Decision and Order request of annexation and zoning of approximately 3.77 acres for C -G zoning of land for proposed Eagle Road Professional Center by Fermor, LLC, north of 1-84 and west of Eagle Road, east of Allen Street with the understanding that they will not have water and sewer until the dispute is resolved. Rountree: Second. Corrie: Motion and second to approve the Findings of Fact and Conclusions of Law on item number 14 with the conclusions of the statement. Are there any further discussion? None? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 15. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE-THRU FOR MOXIE JAVA BY AVII L.L.C.-1800 N LOCUST GROVE RD: Corrie: Staff any comments on this one? Any discussion of Council? I'll entertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor, I move that we approve the Findings of Fact and Conclusions of Law and Decision and Order for the requested conditional use permit for Moxie Java. Anderson: Second. Corrie: Motion is made and second that we approve the Findings of Fact and Conclusions of Law request for conditional use permit drive through for Moxie Java and the application is denied. Any further discussion? ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 16. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT INCLUDES SIGNAGE FOR CHEVRON C -STORE Meridian City Council September 7, 1999 Page 15 WITH GAS PUMPS & DETACHED CAR WASH, MCDONALD'S WITH DRIVE - UP WINDOW (SAME BUILDING AS C -STORE) & IDAHO UNITED CREDIT UNION BY EAGLE PARTNERS—NW CORNER EAGLE ROAD & MAGIC VIEW DR: Bird: Mr. Mayor I will have to excuse myself again. Corrie: Mr. Bird requests to be excused. Council any objections? Staff any comments on this one? Council any discussion on the Findings of Facts? Bentley: Mr. Mayor I move we approve the Findings of Fact and Conclusions of Law and Order granting in part and denying in part for modification of the conditional use permit for Eagle Partners for signage. Rountree: Second. Corrie: Motion has been made and second to approve the Findings of Fact and Conclusions of Law on the conditional use permit of the signage for the Chevron C - Store. Any further discussion? BENTLEY, YEA. ANDERSON, YEA. ROUNTREE, YEA. MOTION CARRIED: 3 YEAS, 1 ABSTAIN. 17. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE TO REDUCE SETBACK BY GENE KLEFMAN AT LOT 10 BLOCK 3 OF LAKES AT CHERRY LANE NO. 2: Corrie: Staff any comments on item number 17? Council any discussion? I'll entertain a motion on the Findings of Fact and Conclusions of Law and Decision and Order. Anderson: Mr. Mayor I make a motion we approve the Findings of Fact and Conclusions of Law and Decision and Order regarding the request for variance for reduced setback for Gene Klefman, lot 10 block 3 of Lakes at Cherry Lane No. 2. Bird: Second. Corrie: Motion made and second that we approve the Findings of Fact and Conclusions of Law on item number 17 on the variance. Any further discussion? BIRD, YEA. BENTLEY, YEA. ANDERSON, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. Meridian City Council September 7, 1999 Page 16 18. REQUEST FOR CONDITIONAL USE PERMIT FOR OPERATION OF CORN FIELD MAZE FROM SEPTEMBER 10TH THROUGH NOVEMBER 1ST, 1999 BY SAM JOHNSON & THE MAIZE, LLC—LOCATED AT THE SOUTHEAST CORNER OF 1-84 AND EAGLE ROAD: Corrie: Staff any comments on this request? Council you have the request in front of you with the recommendation from Planning and Zoning. Any comments discussion? I'll entertain a motion on the request for conditional use permit. Bird: Mr. Mayor, I'm not going to make a motion, but don't we have to have a public hearing on a conditional use permit? Corrie: I don't think so. It went through the Planning and Zoning, and it's just a recommendation to us. Do we have to have a public hearing this? Gigray: It depends on what zone it's in. Corrie: It's already zoned, so okay it just needs the Findings of Fact and Conclusions of Law and Order to be by the attorney. Bird: I have no problem. Corrie: Mr. Bird do you want to do anything? I don't want to put you on the spot, but – Bird: Mr. Mayor I move that we have the attorney draw up the Findings of Fact and Conclusions of Law regarding the conditional use permit for operation of a corn maize by Sam Johnson and the Maze LLC located at the southeast corner of 1-84 and Eagle Road. Bentley: Is that reflecting positive? Bird: That's reflecting positive. Bentley: Second. Corrie: Motion made and second that we approve the request for conditional use permit and have the Findings of Fact and Conclusions of Law and Order be presented to us at the next meeting. Any further discussion? Rountree: Mr. Mayor, I believe these applicants intended to put this thing in use by September 10th. Could we not accept the findings or the recommendations from P & Z as findings and then move forward on this particular matter? Meridian City Council September 7, 1999 Page 17 Bird: I have no problem with that. Corrie: I think so. (Inaudible) Yeah, you can grant the application up to the conditions as presented to us by the Planning and Zoning. Is that correct Mr. Gigray? Gigray: Mr. Mayor and members of the Council, as I understand the motion you would adopt these as your findings and as your conclusions of law. We would prepare an order for the Mayor to sign as we traditionally do with these conditional use permits so the applicant had an order, which would follow the recommendations of the Planning and Zoning Commission. Bird: But he would be all right to take off the 10th instead of waiting until the 21 St? Gigray: Mr. Mayor and members of the Council, yeah we've traditionally just prepared an order for signature and I assume your motion would include authorizing the Mayor to go ahead and sign the order in this extenuating circumstance. Corrie: I'll entertain (inaudible). Bentley: I'll pull my second. Bird: I'll restate it then. I move that Findings of Fact and Conclusions of Law be drawn for the conditional use permit for the operation of corn field maze from September 10th through November 1 st, 1999 by Sam Johnson and the Maize LLC located at the southeast corner of 1-84 and Eagle Road and for the Mayor to sign and put in effective immediately. Bentley: Second. Corrie: Motion made on item number 18 to approve the Findings of Fact and Conclusions of Law the Planning and Zoning and to allow the request for the conditional use permit from September 10th through November 1St the Mayor to sign and attest the signature by the City Clerk. Any further discussion? Hearing none, roll call vote. BIRD, YEA. BENTLEY, YEA. ANDERSON, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. Bentley: Are you Mr. Johnson? My daughter was disappointed your map didn't show the outline so she could figure it out ahead of time. 19. PUBLIC HEARING: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE 11 (FROM R-8 TO R-15) BY WILLIAM & LUCILE Meridian City Council September 7, 1999 Page 18 LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE I AND SOUTH OF FAIRVIEW: 20. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II)BY WILLIAM & LUCILE LEAVELL—END OF 5T". NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW: Corrie: At this time I will open the public hearing and – Bentley: Mr. Mayor, would it be possible to combine 19 and 20 together? Bird: They're basically the same. Corrie: Okay. I'll also open the public hearing on item 20 so that we can have the public hearing on both of those if you want to speak to either one or both you can. Stiles: Mr. Mayor and Council, this is for property that's currently zoned I believe R-8. It's adjacent to the Elm Grove Mobile Park on this side. This is Elvira Subdivision. This is vacant property in here right now. They currently have the first phase of their project Creekside Arbour that is at the end of Badley Street here that's just to the south of this property. They have approximately I think 60 feet of frontage on Fairview Avenue and the Five Mile Creek comes down on this side of the property. Staff has no objection to the rezoning of the property providing they meet the requirements of the R-15 zone. There is somewhat of a development agreement in place for this project that was entered into when this property came in. The reason the development was entered into is the Council wanted to ensure that if there were a second phase that the amenities that they had promised would be included in that second phase. It would be a good idea as part of the rezone of the property to either amend that development agreement or enter into a new development agreement for this property primarily for reasons of enhancing and maintaining the pathway that is shown in the Comprehensive Plan along Five Mile Creek. And also to place restrictions on the signage as currently they have a proposal for the existing billboard sign that exists there along the creek to be used for their signage for the apartment complex. They did not propose to use the entire billboard. I've never seen any presentation on what they propose to use for signage, but certainly that type of signage would not be appropriate along Fairview. The Ada County Highway District has approved – the site plan that we have is not what has been approved. We have several different versions of the site plan, however, we still don't have one that is correct and incorporates all the conditions of approval. Elvira Subdivision exists on this side of the property. We do have a public road access through Washington. We did come and if you recall the Leavells come in and were upset because they did not receive notification. The notification for the Elvira Meridian City Council September 7, 1999 Page 19 Subdivision went to the wrong address. They requested a reconsideration and the Council voted to not uphold their objection. So there is a stub street that goes right into this property at this location. Ada County Highway District staff and Planning and Zoning staff had recommended that this be continued through as a public street. This currently does not have improvements to a public road standard on Badley. The Leavells entered an appeal for extension of this Badley Street as a public street, and the Ada County Highway District Commissioners did grant that appeal and took away the requirement to have the public street extended through. They did require however that there be a pedestrian walkway extended along the alignment of Baldey to connect to that existing stub street. This plan does not reflect that. I do have several different versions of this plan in my file. However I still don't think that I have one that is the final approved plan. With Five Mile Creek coming down here, this entire portion of Five Mile Creek will need to be piped in order for a public road to be built there. This is where it's called the Michner Building is. They do have an access in there. Unfortunately I don't believe the cross access that was given to the back portion of this property extended over to this property so they will have to have access here and then have the Michner there. Other than that, I believe the fire department has comment on it. They are satisfied as long as this driveway is built prior to any buildings being built and for this access to be constructed clear through to Badley prior to any buildings being built. They shouldn't have a problem. I'm not real sure that Kenny was aware of the Badley stub street at that time. Other than that I have no further information for you. Unless you have some questions. Bentley: Shari, you mentioned the billboard out on Fairview. Now is that billboard going to come down? Stiles: I wasn't at the last Planning and Zoning meeting. I thought that there was some discussion about the signage. I know that they wanted to use the existing pole as some kind of a base for a sign. But as far as I know unless Mr. Knopp or the Leavells can tell me differently, I don't believe they submitted any signage for the project. You know if they don't have anything here tonight, I would like to avoid future problems. I noticed in the recommendations that it said signage was subject to review by staff. But that's not a good notation to have in the recommendations because we don't have any guidelines to go by so if you can come up with something that you wanted a monument sign with a restriction on the maximum height times width, something like that would give us a little more direction when it comes to them submitting for a sign. Corrie: Any other questions? Anderson: Mr. Mayor, where does the I guess the street that comes in off Fairview, does that just end in the parking lot or does that tie into Badley Street or can you go through this project and go to somewhere else or does it all just dead end in there? Meridian City Council September 7, 1999 Page 20 Stiles: Ada County Highway District in their approval required a public street be constructed from Fairview Avenue to a point roughly around where this driveway comes. Is that right, Larry? Larry Knopp is the architect. I'm sorry. I'll wait until he comes up. I believe it was around 300. They gave them a rough number to come up with because this piece where the Michner Building is has been split and they wanted to have a public road access back to this other property and I think they preferred it to come at least my recollection is they preferred it to come roughly in the area of where this driveway would begin, the public street. But Mr. Knopp can verify that. Anderson: So the answer to the other part of the question does it just end in the parking lot or does it go through? Stiles: This is all a private drive. The public road would come down to roughly here and this — it's real hard to see. Isn't it? And they have parking stalls on either side here. This is a driveway and it would connect to Badley. Anderson: And you stated that you didn't know if this was the most current plan. If there was a new plan out or — Stiles: I had seen another plan where they attempted to try to accommodate Ada County Highway District's request for the walkway and it seem it had just shown a sidewalk roughly going through these buildings here. But my staff and Public Works staff had interpreted their condition as being — Ada County Highway District's condition stated that they wanted a walkway in alignment with Badley to connect to this stub street. And so that's why we interpreted that as it should go straight through and connect just as if the road had been going through, but — Anderson: You haven't received any drawings that would indicate that? Stiles: No. Corrie: Any other questions? The applicant or representative would like to speak. Knopp: Mr. Mayor and members of the Council, my name is Larry Knopp. I'm the architect representing the Leavells. My address is 355 S. 3rd Street in Boise. I wish that Shari would have been at the last Planning and Zoning meeting. Then we would have had a lot of these issues addressed such as the sign that we had talked about out on Fairview at the last Planning and Zoning meeting, we — all the Leavells wanted to do is use the structural part of the base to provide a new sign, and it was causing problems so at the last meeting Planning and Zoning we agreed not to use any part of the sign that it would be removed so that we would get rid of this conflict once and for all. We don't want a billboard up for our project sign either. We were just looking at maybe the Leavells were trying to save some money to use the structural base of it as part of their Meridian City Council September 7, 1999 Page 21 new sign and that seemed to be causing more problems than saving it. So we agreed to do away with it. We will be submitting a sign. Meridian does have a maximum size that we can put up there for the project. So we will be staying within the limits of the ordinance of Meridian. In regards to the public street with ACHD, Shari if we could have that other view so that — ACHD was worried that there was one owner on this property at one time. He sold the front the portion. He retained the back portion of the property. Ada County was afraid that this property would be landlocked and that access to it and serviceability to it and egress / ingress on Fairview wouldn't be maintained, so they had indicated and left it to us to work out with them and the owners of the property. We have to go back in front of ACHD on a staff level to get our final solution approved with them, but they wanted a public street to come down and at the meeting their best estimate was 300 to 400 feet to service this back portion. At the time the owner of this property we couldn't get a hold of. He does have in place with ACHD when he sold this property a 30 foot easement and an egress / ingress for this back property through the front property that takes care of that. The Leavells are in the process now of purchasing this back portion of the property. We are in the process of trying to work out with the owners of this parcel a common egress / ingress that will work for all the property owners involved in that portion so I think that will take care and handle ACHD's concerns, the concerns of this property owner of which he really doesn't have any, except he's got a 30 foot easement across his property now that encumbers that that I think that we can work out some of the problems involved there and maybe come up with an improved portion through there to service that. If not like I said the easement is in place on that property for the back. We will satisfy ACHD and we will accommodate the egress / ingress back on Fairview so I don't see that that's a problem on the public street coming in. On the walkway, we appealed — the Leavells are adamant about this project staying on a private basis and not public streets. They have a lot of children that are in the apartments. Phase two with the agreement with the development they've got in place or somewhat in place with the City of Meridian requires them to improve the second phase with a recreational building, a tennis court, swimming pool, something along that line. We do have a recreational building that we're submitting with this along with the swimming pool to meet those criteria. So we wanted to make sure that the development stay private that we don't have public streets and we try to limit the amount of traffic that's in this development so we don't have a problem with pedestrians crossing these private drives and streets going back and forth in this development. ACHD thought it would be a good idea since Elvira was put in and stubbed in with the possibility of east / west connection, but they wanted an east / west connection through this whole entire area and you can see that that doesn't happen. It ends at Elvira and this connection would service these lots, the balance of the lots go out Washington Street, so they made a recommendation that they would like to see a pathway that connects Elvira Subdivision through so that people might use it, bike path or walking path to get through and maybe I guess connect into Badley. At the last meeting Planning and Zoning Commission agreed that we could bring down a path to accommodate that recommendation through first phase because most of the sidewalks Meridian City Council September 7, 1999 Page 22 in place and we could connect it back to the stub and that it would meet the criteria of what ACHD was intending for a path there. The Leavells have a concern that there is no control and no security as far opening that pathway up. What they would like to do they have security that they employ for their apartment complex and that they're going to keep in place but they have a real concern that if that pathway is left open 24 hours a day that they may have trouble controlling what's going on in their development so what they would like to do is to be able to have a gate on that pathway at their property line that they could close down at dark. So that they could limit what traffic and what pedestrians they may have and who is doing what in their development at that time. So that was agreed to by the Planning and Zoning Commission at the last meeting. So I thought we had that worked out on that occasion also. The other conditions are fairly standard and we don't have any problem with them. I'll certainly address any questions that you might have at this time that I haven't covered or that might be in Ms. Stiles — Bentley: On your public access from Fairview, the map that I'm looking at or the plan that I look at is showing it going through to Badley. How are you going to — you said you wanted to restrict the public traffic through your complex, how are you going to do that? Knopp: We are just — we've always planned a private drive through there so there is going to be access through there. It's going to be tough for us to control. Really the public street I think is there again I think that's ACHD's way of trying to get access to that back property. Because initially they were asking for a public street from Fairview down through the project into Badley and Badley going across and so they changed their staff report, they changed their conclusions on that, and decided that all they needed was a public street coming in off of Fairview to service that back portion of the property, so we'll make the improvements I guess to the public street and the section and the width that we need to accommodate that and at a point on the project which would be farthest north that we can get by with and not come in and we'll restrict and downsize it to a private street and try to control access that way. Because that's exactly what the Leavells are concerned with is that people start cutting through, they'll use it for a shortcut, they'll try to access the project at the expense of the project. I am still hopeful because there's other concerns that go along with this also. Nampa Meridian Irrigation services Five Mile Creek from both sides of the creek. They have a 50 foot easement both sides total of 100 feet of which I have a letter from John Anderson. I've gone over the project with them. They're willing to work with us on several matters. First of all the maintenance, encroachment into the easement, fencing along that because we would like to place the fence closer to the Five Mile Creek rather than back away from it, but that also means that Leavells will be responsible for taking down the fence and putting it back up at the discretion of Nampa Meridian on maintenance of that. Because we haven't got into the engineering of this project, Nampa Meridian is willing to let us go ahead and take our surface run off into Five Mile if it is treated before it is put into Five Mile Creek, but those are all agreements and licenses we have to Meridian City Council September 7, 1999 Page 23 come up with Nampa Meridian before we can do that, so they'll all be in place and this is part of the conditions of the approval on that, but back on the public street Nampa Meridian doesn't want to see us put in sidewalks along there because if they have to drive over them to maintain Five Mile, they don't want to be responsible for breaking them up. So I think that as hard as ACHD somebody is pushing for a public street, it needs to be just some kind of an access back into that back property and maybe if the Leavells complete the purchase of this property that we might be able to satisfy ACHD without a public street in there, but a joint egress / ingress because ACHD has got a problem they've already accepted and allowed a egress / ingress for the property to the west and easement with it. And so allowing us to have our egress / ingress approximately 75 feet maybe 100 feet down the street does not meet their policy. They would like I'm sure to see us joint egress / ingress for all of this property at one point of which we would like to do and solve most of these problems. Bentley: Thank you. Corrie: Any other questions or comments? Anyone else from the public who would like to issue testimony on this public hearing? As I say we're doing 19 and 20 together so is there anybody — staff you have the request for conditional use permit, Gary? Smith: Mr. Mayor, Council members, I just wanted to emphasize one of the points that is listed in the comments from Public Works. That is item number 1.22 on page five of the recommendations near the top of the page. The plan shall be arised to show all existing easements including existing sanitary sewer easements. No encroachments into the existing sanitary sewer easements is permitted. Along most of that project boundary on the east side adjacent to Five Mile Creek is located at 21 inch diameter sanitary sewer and it's imperative that access to that sewer be maintained and no obstruction to the easement be taken. Since that is a major trunk, Five Mile Trunk line. I just wanted to reiterate that for the benefit of the applicant and their architect and the engineer. Thank you. Corrie: Any comment? Larry? Knopp: Mr. Mayor and members of the Council, we were under the assumption that it was a standard 20 foot easement 10 foot on each side. At the last Planning and Zoning meeting the Public Works Department researched their agreement on that sewer. It is five feet on Five Mile Creek, 15 feet on the opposite side towards our development. I have gone back — I had to move one building slightly, but this revised drawing indicates the sewer and that 15 foot easement. This one building in the corner was in and I had to move it back a ways so we're out of the easement on that sewer so we shouldn't have a problem there with it. There's two copies there that I'll leave on file with you. Thank you. Meridian City Council September 7, 1999 Page 24 Corrie: Gary, does that (inaudible) your comments? Do you want this too? Smith: Thank you Mr. Mayor. We'll want to look at that. Thank you. Corrie: Anyone else issue testimony here on item 19 and 20? Council comments, questions? Bird: Mr. Mayor, I think the Counselor here has something regarding closing this thing before we find out what Gary was commenting on. Gigray: Mr. Mayor and members of the Council, I guess my question would be in light of the new revised site plan. I didn't know whether or not staff needed an additional time to review that site plan to comment with regards to any proposed conditions of either the conditional use permit or conditions relative to the request for the rezone or if they felt this would be ansory and would be covered by the general recommendations by the Planning and Zoning Commission. Because it could make a difference as to whether you close this public hearing or not. Corrie: Mr. Smith. Smith: Mr. Mayor, council members, I think as Mr. Gigray has stated this will probably be ancillary to our staff comments previously made, and I just wanted to be sure that it was clarified and as long as the applicant and their representatives understand that and apparently they do, I don't see any reason to take time to re -review it at this point. Thank you. Corrie: Thank you Gary. Okay hearing that I'll entertain a motion to close the public hearing then on 19 and 20. Bentley: So moved. Bird: Second. Corrie: Motion made and second to close the public hearing on items 19 and 20 which is request for rezone and request for conditional use permit. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Council discussion? Any comments? Bird: I have none. Meridian City Council September 7, 1999 Page 25 Gigray: Somebody needs to make a motion as to how you want to go on these. You might do them one at a time to avoid confusion. Corrie: We'll take 19 first for the motion. How do you want to go? Rountree: Mr. Mayor, I move that we have Findings of Fact and Conclusions of Law and Decision and Order prepared for the rezone request of Creekside Arbour Phase 2 that those Findings and Decision and Order include staff comments, agency comments, as well as recommendations from Planning and Zoning, the testimony received this evening and that they also reflect that a new development agreement should be developed for this project. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley for the request on the rezone of 7.265 acres for Creekside Arbour Phase 2 and enter into a development agreement be brought up with the new Findings of Fact and Conclusions of Law and Order reflecting testimony of both public, staff, and Planning and Zoning. Any further comments? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: I'll entertain a motion on item 20. Bentley: Mr. Mayor, I move we prepare Findings of Fact and Conclusions of Law for the request for conditional use permit to construct 16 four plexes with pool and clubhouse for the proposed Creekside Arbour Phase 2 subject to the staff and agency and P & Z comments. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to request Findings of Fact and Conclusions of Law for item number 20 request for conditional use permit to construct 16 four plex with pool and clubhouse for use of phase one and two. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bentley: Mr. Mayor I move we take a ten minute break. Bird: Second. (TEN MINUTE RECESS WAS TAKEN) Meridian City Council September 7, 1999 Page 26 21. PUBLIC HEARING: REGISTRATION FEES FOR NEW FALL RECREATION CLASSES OFFERED THROUGH MERIDIAN PARKS AND RECREATION: Corrie: All right we'll open the public hearing on item number 21. Kuntz: Mayor and Council, you have in your packets a listing of a variety of recreation classes and adult leagues that we would like to offer this fall in our guide that will come out this month. We're requesting approval of those fees. They are new classes and new fees. Corrie: Council any questions of Tom on the pricing or the classes? Bentley: Mr. Mayor I would like to have Tom get up on the table and show us hip hop dance classes. Kuntz: I don't think you want to see that. Corrie: Are you teaching that? Bird: Tom, the adult flag football, I take it if we are having one this fall that it's already in the process of being organized? Kuntz: Council member Bird, that actually will be in our brochure that will come out this Sunday. Bird: Okay. Anderson: So these are all new fees. These aren't sports that we offered last year? Kuntz: Correct. Bird: Tom was these presented to the Parks and Recreation Commission? Kuntz: Yes, they were. Bird: Okay. I have no problem with it. In fact I think you're too cheap for men's basketball. Kuntz: I think we are too, but we're trying to get a league established. Once we get established, like everything else, prices go up. Bird: You're going to have a hard time finding referees and stuff to pay for that. What's the $15 per player? Is that for each player or per player outside the City of Meridian? Meridian City Council September 7, 1999 Page 27 Kuntz: No, that's for every player on the team. I've broken the fee up by what some teams like to use a sponsor fee of $210 and then the $15 for every player on the team. Bird: I know most cities have $15 pay if you don't live within the city you're playing in. I would prefer to see us do something like that next year, charge the out of city people more money than you're charging your in city tax payers. Kuntz: We're trying to get the program established and I guess we're hoping some day that we'll have that luxury of adding that fee. At this point we just want to get the program established and make it to all users. Anderson: How many others are offering that flag football league? Is it just Boise or is it Boise, Nampa, Caldwell or do you know? Kuntz: I don't know. I know Boise has a program and I know that I think Council member (End of Tape) Bird: With our rate we get probably a lot of their teams over here. Corrie: Any other questions of Tom? Bird: I have none. Bentley: I have none. Corrie: Since this is a public hearing, anyone from the audience who would like to enter testimony on this registration fees for the new fall classes? Hearing none, is Council satisfied with the public hearing, I'll entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion is made and second to close the public hearing on item number 21. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Council, what's your pleasure? Bentley: Mr. Mayor I move we adopt the 1999 fall activity prices for new classes for the Meridian Parks and Recreation. Meridian City Council September 7, 1999 Page 28 Rountree: Second. Corrie: Motion made and second that we adopt the Meridian Parks and Recreation 1999 fall activity prices for the new classes as stated and final copy. Is there any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 22. PUBLIC HEARING: ROAD IMPACT FEE OFFSET AGREEMENT WITH ACHD: Corrie: This is where they're trading land with the fire department on Franklin Road for the $1900 impact fee. So at this point I'll open the public hearing and staff comments? Mr. Gigray is there anybody here that would like to — Gigray: Mr. Mayor and members of the Council, this is a matter if you'll recall where we were struggling with ACHD as to the appropriate procedure by which the City could enter into this road impact fee offset agreement as well as the procedure that the City could follow to transfer the property which proposes in lieu of payment of $1923 an impact fee the small sliver of property which will be used for right-of-way on Franklin. Neil Newhouse who represents ACHD agreed that if we proceed with the ordinance which you have before you which I believe is item number 23 that they would agree to accept that property that has been prepared in accordance with the provisions in the municipal code and I would recommend we had prepared a draft agreement pursuant to procedure under title 67, but what we will do is proceed with the road impact fee offset agreement that they proposed in their form number IFA104-99, which was originally submitted which is agreeable with me in terms of making a recommendation to the Mayor and Council and if the Mayor and Council after the public hearing on this find it's in the best interest of the city to enter into this agreement, we can proceed and I think we prepared a warranty deed as well to transfer this property over to Ada County Highway District. Corrie: Is there anyone else from the public who would like to issue testimony on item number 22? Hearing, Council if you have enough from the public hearing, we'll entertain a motion to close. Bentley: So moved. Anderson: Second. Corrie: Motion made and second to close the public hearing on road impact fee offset agreement, number 22. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council September 7, 1999 Page 29 MOTION CARRIED: ALL AYES. Corrie: Council I will entertain a motion then on the agreement. Bird: We need to do the agreement first don't we? Corrie: The agreement and then we do the ordinance. We need to have approval of the agreement. Bentley: Mr. Mayor — Berg: Mr. Mayor, this is a question for Mr. Gigray. If we have an agreement, do we need a resolution for that agreement? Gigray: Do you have a resolution? There may have been one submitted I believe. Berg: I was looking through my stuff here. I didn't find one. I found an ordinance for the item, but I didn't find a resolution, but I just wanted to account for that. Gigray: Mr. Mayor and members of the Council, I would recommend that you do it by resolution and if the Clerk will assign it a number now, we will prepare the necessary document to go with it and supply it to the Clerk as well as to assure that the right road impact fee offset agreement is submitted and that was the one I read to you in my staff report. Berg: Excuse me Mr. Mayor, 249. Corrie: 249 okay. All right then I'll entertain a motion on the resolution for the agreement. Bentley: Mr. Mayor I move we have the attorney prepare the resolution #249 for the road impact fee offset agreement with ACHD and the City of Meridian for the fire department land. Anderson: Second. Corrie: Motion made and second to have the resolution #249 for the impact fee offset agreement with ACHD and the City of Meridian. Any further discussion? ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. Meridian City Council September 7, 1999 Page 30 23. ORDINANCE #843 -- TRANSFER OF CERTAIN PARCEL OF REAL PROPERTY TO ACHD: Corrie: So, Mr. Berg if you will give us an ordinance number on that one and then the ordinance by title only. Berg: Excuse me Mr. Mayor, it's ordinance #843. (ORDINANCE #843 WAS READ BY TITLE ONLY) Corrie: You heard the reading of Ordinance #843 transferring of certain real property. Anyone from the audience who would like to have ordinance #843 read in its entirety? Hearing none, I'll entertain a motion on Ordinance #843. Anderson: Mr. Mayor I make a motion that we approve Ordinance #843 with the transfer of certain real parcels of real property to ACHD with suspension of rules. Bird: Second. Corrie: Motion is made and second to approve Ordinance #843 with suspension of rules. Any further discussion? Bentley: Mr. Mayor procedural question. Would we have to make that conditioned upon having the resolution signed and attest before the ordinance goes into effect? Gigray: Mr. Mayor and members of the Council, I would understand the motion that was made was actually to pass the resolution and just have me to prepare it in writing and submit it to the Clerk. It will be on our standard form. Bentley: So we wouldn't need that then? Gigray: No, not unless you insist. You can ask for it. Bentley: No, I just wanted to make sure we had it in the right order. Thank you. Corrie: Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BIRD, YEA. BENTLEY, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 24. ORDINANCE #844 -- GENERAL ELECTION / POLLING PLACE ORDINANCE: Meridian City Council September 7, 1999 Page 31 Corrie: Mr. Berg, if you will read Ordinance #844 by title only. Berg: Thank you Mr. Mayor. I hope in your packets you received one that shows a memo attached to it because we update that. (ORDINANCE #844 WAS READ BY TITLE ONLY) Corrie: Okay, you've heard the reading of Ordinance #844 by title only. Is there anyone from the public who would like to have Ordinance #844 read in its entirety? What it does is it sets the three precincts, American Legion Hall, Meridian City Hall and Meridian Library. Okay I'll entertain a motion for Ordinance #844. Bird: Mr. Mayor, I move that we adopt Ordinance #844 regarding the general election polling places with suspension of rules. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve Ordinance #844 with suspension of rules. Any further discussion? Hearing none, roll call vote. BIRD, YEA. BENTLEY, YEA. ANDERSON, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 25. REQUEST FOR FINAL PLAT FOR HARTFORD SUBDIVISION BY GLENN JOHNSON HOMES — NORTHEAST CORNER OF E. USTICK AND N. TEN MILE ROAD: Corrie: Staff comments on final plat? Stiles: Mr. Mayor and Council, I have a transparency if you would like to see it. We didn't prepare any final plat comments on this application. However, Bruce Freckleton did note some minor modifications that need to be made to the plat and we have provided that to the applicant and discussed those changes just tonight, and he can indicate his acceptance of those conditions. This is a sewer treatment plant over here. Candlelight Subdivision here. Here's Firelight and Englewood over here. Five Mile Creeks runs through here. This property was approved a long time ago as a preliminary plat for Hartford Subdivision but had expired so they came back through and it's basically the same design. There is an existing house here that will take frontage on to Ten Mile Road with the existing house. Sewer will be accessed through a common lot there. They will have planting strips adjacent to Ustick and Ten Mile and I had no further information on it. If you have questions. Meridian City Council September 7, 1999 Page 32 Bentley: Shari, on the original plat did we request to make notice that they were in the vicinity of the sewer plant, so that it's buyer beware situation? Stiles: Yes. That is a note that Bruce added to the comments that we provided to the applicant. He did specifically mention the Wastewater Treatment Plant and we'd also like the right to farm note to be added to the plat. Bentley: Okay thank you. Anderson: Is that bottom street name (inaudible)? Stiles: I don't know what it means. Deer? Corrie: Any other questions of staff? Thank you Shari. This is a request for final plat. Council discussion? Mr. Gigray. Gigray: Mr. Mayor and members of the Council, just for purposes of clarification under the staff comments. The administrator mentioned that were prepared by Bruce Freckleton. Are they included in the record, because if you're going to issue an order of final plat subject to conditions, it would be nice to have those as part of the record. And maybe I'm just missing them. Bird: I don't have any either. Corrie: Do we have those? Bird: Are they in our packet? Corrie: Not in our packet. It might be on the other one. Bird: I cannot find it in my mine, Mayor. Bentley: I don't see Bruce either. Stiles: There no written comments on the final plat. There were notations made directly on the plat that we provided to Mr. Johnson. And we can provide those to the City Clerk so he has those in the record and to the City attorney as well. Bird: That would be appropriate. Corrie: Thank you. Do you object to those being on the plat at all? Okay, fine. Let the record show that the applicant said no. Okay thank you. Anything else Mr. Gigray? Gigray: Thank you Mr. Mayor. Corrie: If there's no more discussion I'll entertain a motion on the final plat. Anderson: Mr. Mayor I would make a motion that we approve the final plat for Hartford Subdivision by Glenn Johnson Homes at the northeast corner of E. Ustick and N. Ten Mile Road. Bird: Second. Anderson: Subject to staff conditions. Meridian City Council September 7, 1999 Page 33 Bird: Second. Corrie: Motion is made and second the request for final plat for Hartford Subdivision by Glenn Johnson Homes, northeast corner of Ustick and Ten Mile Road be approved subject to staff comments. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 26. REQUEST FOR FINAL PLAT FOR LAKES AT CHERRY LANE NO. 9 BY STEINER DEVELOPMENT — NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: Corrie: Shari, staff, comments? Stiles: Mr. Mayor and Council, I talked to Becky Bowcutt, the applicant's representative late today. We both overlooked the fact that a variance had never been applied for this project. The cul-de-sac length does exceed our ordinance requirements and the block length also exceeds our ordinance requirements so she will be submitting a variance application on that. Hopefully it will be in the next day or two so if you could table this to the first meeting in October, we should have the variance on the agenda then. Bentley: Mr. Mayor, I move we table this to 10/5/99. Bird: Second. Corrie: Motion made and second that we table item number 26 until October 5, 1999. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Smith: Mr. Mayor, may I ask a question? On the Lakes at Cherry Lane No. 9, we looked back through our records in Public Works. We can't find any approval for the Lakes at Cherry No. 8 as far as City Council action is concerned. I talked to the Planning and Zoning office. They couldn't find any record of it so we were wondering about the numbering of these subdivisions. I know that number eight has been under discussion for sometime because of a request for transfer of property ownership between the golf course property and you may remember some of those conversations and Mr. Steiner or his representative. But I don't believe any of that has been finalized. There's been some discussions about a resubmittal of a final plat that amends or that changes the location of the lots in number 8 to account for the property lines as they now exist, but I don't think we've seen that either. Shari says no, so I'm just concerned that we were going to get the numbers — the cart before the horse here on numbers. Maybe that issue can be discussed prior to it coming back to you again. Meridian City Council September 7, 1999 Page 34 Corrie: Okay thank you Gary. 27. APPEAL OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF PROPOSED ELECTRONIC MESSAGE CENTER FOR THE IDAHO INDEPENDENT BANK BY IDAHO ELECTRIC SIGNS: Anderson: Mr. Mayor, I would like to excuse myself for having a possible conflict since this is my wife coming before you for the appeal. Corrie: Any objections? Bird: Come on, sit down. Don't be chicken. Anderson: I'm not going there. Corrie: Any objections? Bentley: No. Bird: I have none. Corrie: All right, Mr. Anderson, you may step down. Okay, Shari, you're what the appeal is for. Stiles: Mr. Mayor and Council, I prepared a paper with a couple of typos in it. But basically it was my feelings on why the decision was made to deny the electronic message center. We do have request for these quite often and we have tried to consistent since we have started doing reviews of the signs in interpreting these electronic message centers, these flashing signs. It's our contention that there is no difference between the sign that they're proposing and the Meridian Ford sign, the Jackson's sign except for the size. They have the capability of pretty much an endless capability of how they can be operated and programmed and we have established a sign committee. We are working very diligently to get something before you as soon as possible. We're meeting on a weekly basis. We have a really good group that's been working on it. We've taken Boise City's sign ordinance and we've also taken California ordinance. It also has some very good provisions and addresses specifically this type of sign within it. I just wanted to stress that if the appeal is granted, these signs will be permitted anywhere in the city. The issue tonight is not where it's located, not who is operating the sign, not promises they have made outside of the public forum as to how this will be operated, but our enforcement provisions for this type of sign once it's up are very difficult. We have had to continually call the operators of the existing signs that flash and particularly on the weekends is when they are a big problem when nobody is around to do anything about it, but it's right in the middle of the city right next to the Meridian City Council September 7, 1999 Page 35 Generations Plaza in old town. I don't personally believe that this is what we want to see in the downtown core, but if that is your decision to grant this appeal, I just want to make sure that you realize we will have to approve every sign for an electronic message center that comes through. Corrie: Okay. You've heard from the Planning and Zoning Administrator who made the decision. Now we will hear from the applicant. Anderson: My name is Debbie Anderson. I'm with Idaho Electric Signs, 6528 Supply Way and I'm representing Idaho Independent Bank and I'm accompanied by Mr. Jerry Madison who is the branch manager in Meridian. Ms. Stiles originally and I have a letter that was faxed to me originally had stated that the basis for the denial for that sign was because there is a section in the ordinance which reads, "no flashing lights or strobe lights of any color." It is our contention that this sign is not flashing lights. This is an LED message center. We have stated that this sign would be scrolled left to right, up and down. It also has an automatic dimming effect during the nighttime hours. It is in no way comparable to the two signs are Meridian Ford and Jackson's in that Jackson's and Meridian Ford both and I'm guessing because I'm not an expert on this. I was not involved in those projects, but they probably utilize a 30 watt wedge based lamp system. Our sign the electronic message center portion of this particular sign compromises less — excuse me is less than 15 square feet a portion of this sign. The signs at Jackson's and Meridian Ford are well 100 square feet just the electronic message center portion so I would contend that there is no parallel between those signs. Yes, they both have the capability to change copy as does a reader board that you would change by hand I don't think those are nearly as attractive as an electronic message center. Ms. Stiles seems intent on bringing up the fact that they are currently working on an ordinance and I agree. I think a new ordinance needs to be put into effect. But I think to hold us to an ordinance that has not been adopted yet is not right. Also Ms. Stiles has suggested that possibly we go for a variance. Well if we're interpreting the sign ordinance to read no flashing lights. Then obviously a variance isn't the procedure that we would need to follow either. We're suggesting that it's merely an interpretation of what flashing lights are. I think in the future all message centers with changeable copy will be electronic message centers rather than the old fashioned change by hand type. Are there any questions that I can answer on the message center itself? I know that the bank is very intent on becoming to use this message as a public service and community asset as well. They have specifically stated that they want to use some of the information that the community would be interested in, ie. Basketball games that kind of thing. So they look upon this as a public service message center as well. Bird: Debbie where is the location exactly of the sign? Meridian City Council September 7, 1999 Page 36 Anderson: This is right down, it's just south of Generations Plaza on the east side of the street so it's right there where — Bird: It's going to be on the corner there? Anderson: Yes, sir. There is an existing very outdated unworkable sign that is — Bird: You're going to put it in the place of the old Intermountain Arms? Anderson: It was our intention to use the existing footing so that we don't tear up any of the brick or sidewalk or anything and to kind of improve the aesthetic looks of that corner as well. They want it to fit in to that of aesthetic look. Rountree: Mr. Mayor my understanding is the sign is approved. The readable message portion has been excluded from the approved sign. Anderson: That's correct. We submitted the application many months ago and went back and forth a little bit on the message center portion and finally we opted to go ahead and take what we could get so to speak so that we could get something going forward. But I think I guess in view of the fact that Generations Plaza has come up you know it's been completed and the look that we're hoping to achieve on that corner we decided to pursue the effort. Rountree: So this would be just an addition to the sign that is already approved? Anderson: That has already been approved, and it is approximately 15 square feet addition to the — Rountree: No additional height? Anderson: No additional height. Bird: Is it three by five or you're saying 15 foot. Anderson: The message center itself is 1 foot 9 inches in height and 8 feet wide. It's very small. Bird: Okay. Anderson: It is a one line LED message center, so as I said it reduces itself down at night to dim itself so that it isn't — and we don't consider this to be a traffic hazard. know of no where ACHD or any of the highway departments have decided that message centers are a traffic hazard. Meridian City Council September 7, 1999 Page 37 Bird: And it will be at the lower part of this sign or up on the upper? Anderson: Actually I have a picture if you would like to see it. Bird: That would be nice. Anderson: I don't know if you've seen it yet. (Inaudible) Corrie: Any other questions? Anderson: I might make one other comment. In Ms. Stiles' letter, she has stated that if this message center was approved it's setting a precedent. Well I believe the precedent has already been set. She makes no reference to the sign at Yamaha dealership or the D & B Supply sign. Those were both approved to my knowledge at staff level. They contain a — I'm not sure exactly, the Yamaha sign is a time and temp unit, so the only thing it changes of course is the current time and temperature, but it is I believe a watt system wedge based lamp type unit. The one at D & B is considerably larger. It probably also is a wedge based lamp system so it does not change intensity night and day that kind of thing, but those were also approved. Rountree: Are there lights? Anderson: Are there lights? Well technically no, because this is a light emitting diode. These are lamps, they cannot be changed, they dim over a period of time and they become after about 100,000 hours of lifetime they dim, so we can't replace them. They are not lights. They are diodes technically. Rountree: And do they flash? Anderson: Well it depends on your interpretation of flashing. These signs have the capability to scroll left to right, up and down so that they can change copy, but any sign any illuminated sign can be structured so that it will flash so to speak even those with fluorescent lamps. So I mean you could technically call any sign a flashing light if the lights went off and on. Corrie: Any other questions? Bird: I have none. Corrie: Do you have anything you want to say? Anderson: I don't. Mr. Madison may wish to address the Council. I'm not sure. Thank you. Meridian City Council September 7, 1999 Page 38 Madison: Mr. Mayor and City Council, my name is Jerry Madison. I live at 1892 W. (inaudible) Court here in Meridian. I am the manager of the Idaho Independent Bank here in Meridian. I appreciate you taking the time to talk to us tonight and the first thing I would just like to reiterate what Debbie had said. Comparing the sign that we're talking about to the Meridian Ford sign I think is pretty ludicrous. That sign is so much more bigger and brighter than what we're talking about. The second thing she talked about, you're currently looking at some ordinances for the city. I think she said Boise and some cities in California. I would just like to point out that this identical sign has been used and approved in Boise, in downtown Boise at the corner of 9th and Jefferson. It has also been approved in the City of Nampa on 12th Avenue. It has also been approved in the towns of Hayden Lake in northern Idaho and also in downtown Coeur d' Alane, Idaho, which is certainly a very prestigious and pretty resort town, so the same sign has been approved there. As far as what it would do to the downtown core in old town Meridian, I think those that have seen what has been done with the vacant facility we occupied that US Bank had abandoned and what we're currently doing to the old Intermountain Arms property which we've taken over. We're trying to improve what downtown Meridian looks like and I think we have done that and this is just — we're asking to help continue what we're doing. That's all I have. If there's some questions, I'd — Bird: I have none. Corrie: Thank you. Okay for the appeal then Council must find error in the Planning and Zoning Administrator's action as presented by the applicant to the City Council and also from the Planning and Zoning Director. So with that I will do the — Bird: Was that a public hearing then? Corrie: No. Bird: I didn't think it was. Corrie: We'll have to have Findings and Order on that. Bird: You need a motion to get the Findings of Fact and Conclusions of Law on the denial? Corrie: No, just what your findings are and then the order. Bird: Okay. Rountree: Mr. Mayor, it seems to me the argument is one of setting precedent more than whether or not this is a fitting application. And I guess I personally don't see why precedent would be established one way or the other given what we already have in the community. I think the precedent we've established is that while we're concerned about signage, we're trying to get that taken care of with annexation ordinances and Decision and Orders related to development. Hopefully we don't have in the future some of the Meridian City Council September 7, 1999 Page 39 high visibility and high level sign situations that we have with our friend at Eagle Road and Meridian Road both. Personally given the fact that the sign is approved, it's size is approved with the absence of this electronic message center, I don't see the addition of this message center on that sign to be inconsistent with downtown. I don't see it inconsistent with Generations Plaza. I see it consistent with trying to modernize downtown and I applaud the money, the time and the effort that's gone into the development down there. That building has only been vacant for how many years? It's about time. That's my opinion on the message center. If it were large and flashing and bright and obnoxious like some signs can be in some other locations, I might not feel the same way, but it seems that this is in scale with the sign that's approved, could be a benefit to the community as well to promote city events, chamber events, youth events, and being that it's not public it could even promote religious events. So I see that — Bird: Is that a motion? Rountree: I mean that's my feeling. I don't know what the rest of you think. Bird: Mr. Mayor, I concur with Charlie. I don't know anything about signs anyway as they'll tell you. I think what Idaho Independent Bank has done down there with the building and stuff, I'd love to see private money come in and develop our stuff. I believe that reader board or sign or whatever you want to call it would be a real addition. I don't think it's going to detract anything and I'm 100% in favor of it. Corrie: Any further discussion? Rountree: I guess from the technology standpoint it isn't lights as our ordinance says. wouldn't be a bit surprised at the language of our ordinance doesn't predate LED's. guess flashing is in the eye of the beholder. I don't know. Corrie: You're the beholders. Bentley: Mr. Mayor, I too appreciate what the bank has done, but what the bank has done doesn't really tie into the sign issue. The issue is Councilman Rountree said seems to be the precedent. I don't feel it's a precedent setting. I think we can continue with looking at the signage as they come before us. Hopefully Shari and the group will have the sign issue done before too long and have that before us, because you know I've been pushing the sign issue for about two years. I think this is a little more state of the art sign than our problem signs that we've seen. I don't have a problem with going ahead and approving this. Thank you. Corrie: Okay, I'll entertain a motion then for the Facts and have the attorney do the Order. Rountree: Mr. Mayor, I move that we have City Attorney prepare Findings of Fact and Conclusions of Law and rule to amend or deny the Zoning Administrator's — reverse the Zoning Administrator's denial of the electronic message center for Idaho Independent Bank. Bird: Second. Meridian City Council September 7, 1999 Page 40 Corrie: Motion made and second to deny the Planning and Zoning Administrator's denial and approve the appeal and direct the order to be made by the attorney. Any further discussion? Rountree: Mr. Mayor, a point to Shari. You did the right thing so don't make it a precedent for you. Stiles: What do I do when I get another Texaco sign coming in? Rountree: Same thing. Bird: Send them to us. Corrie: We might get the appeal ordinance set up before that time. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: 3 AYES 1 ABSTAIN. 28. WATER/ SEWER /TRASH DELINQUENCIES: Corrie: (MAYOR READ DELINQUENCY $37,995.55) Council I will entertain a motion on the water, sewer, trash delinquency turn off list. Bentley: Mr. Mayor, I move we approve the water, sewer and trash delinquencies. Anderson: Second. Corrie: Motion made and second to approve the delinquency turn off schedule of the water, sewer, trash delinquencies. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bentley: Mr. Mayor, we've got a real problem coming up with this set of water bills and I want to know if we're going to take some direction on how we're going to handle it. Corrie: I guess we'll have to see — I don't see my name on here anywhere. Bentley: You might next month. Corrie: We do have a little problem there. We can kind of think about it and see where they are and then get some direction from the Council at that time. We had a change over on the computers and the system software so we had a couple of months there that we got 4,000 gallons whether you used 24 or 4 so I believe Mr. Bentley said his bill $130 some dollars coming up and I just saw mine, so I don't know what it's going to be. 29. DEPARTMENT REPORTS: A. TOM KUNTZ- 1. TULLY PARK SHELTER FEES. Meridian City Council September 7, 1999 Page 41 Kuntz: Mayor and Council the first item you have in your packets is Tully Park shelter fees. With Tully Park coming on line the end of this month, we wanted to try and address the shelter reservation fee issue. Predominantly just for 30 days during the month of October. You'll notice that you have our current fee schedule. What we were hoping to do since we were going to be looking at some revisions in not only park fees, but rules and regulations during the winter and bringing those back for your approval and the Commission's approval early spring. I was hoping to use a fee that we've already got established. The shelter being about four times the size of what we have at Storey Park now requiring more in the way of maintenance and cleaning and that type of thing. We're hoping to use the current 100-150 person fee. After discussing this in further detail with our attorney, his recommendation is that we just use the existing fee schedule since it is only for 30 days during the month of October and then look at some revisions for next year. So I guess what I'm asking for is just stay with the current fee schedule and that's what we will be charging users just for the month of October for Tully Park. Corrie: Discussion Council? Bentley: I believe that makes it a non issue; doesn't it? Corrie: All right, Tom that's what you can do. 2. LWCF AGREEMENT STOREY PARK / KEN HAMILTON PRESENTATIONS. Kuntz: The second item you have in your packet it addresses a letter actually letters that we received from the Idaho Parks and Recreation Department which oversees the land and water conservation projects and I've tried to put these in sequential order, but actually the first letter we received which is the second in your packet is dated July 15th 1999, and it starts out Dear Project Sponsor. It goes on to address the issue that we are a recipient of Federal Land and Water Conservation Funds, and as a result of that that they do an informal inspection every five years I believe. I'm not sure if that dates stated in there. But basically what they're asking for us to complete in an inspection and send it into them on the 15th As a result of that there was some discussion about the property included in that that is currently being leased out to Ken Hamilton Presentations and the follow up letter dated August 17th basically saying that the lease between the City of Meridian and Ken Hamilton Presentations was in violation of the Land and Water Conservation Fund Agreement. In my memo what I've (End of Tape) Kuntz: My recommendation would be to ask the State Parks to allow the lease with Kenny Hamilton Presentations to expire in December of 1999 without taking any action and this would allow us time to put a plan together for next year. I did send a copy of the letter to Ken Hamilton. He's going to meet with the Dairy Board and then we were Meridian City Council September 7, 1999 Page 42 going to get back together to discuss the information that he's been able to pull together. Corrie: Do you have a date and time? Kuntz: They do ask for a reply back by September 17th on the August 17th letter. So I'm bringing the issue to you now so that we can formulate a response. Corrie: Do you have a meeting set up with Ken though? Kuntz: I don't at this point. I'm waiting to hear back from him after he met with the Dairy Board. Bentley: Tom Kuntz and I have spoke quite a bit on this issue and I'm in agreement with him that we should see if we can get this lease to finish out on its own and then follow up with the meetings and try to get something worked out ahead of time for next year. Bird: Mr. Mayor, as you guys probably know you've hit a touchy subject with me. After 31 years, I'd like to know who's got the grant and what was the grant done? I mean I've got one here that says 66 and 67. 65 66, that money was never put up until February 1968 by the Meridian Athletic Association. Then we're showing one in 75 and 76 where somebody come in with $80,000 some thousand from the city for development. I mean there's less than two grant numbers here federal grant numbers. Which one are working under? Kuntz: The one that is in your packet Council member Bird is the one that was sent to me by Mark Brandt of Idaho Parks and Recreation. That's the only one that I've been privy to. But I've only been here a year and a half. Bird: Now which number is it Tom? 160034 dated November 1966 November 1968. Kuntz: The one that's in your packets — Bird: I've got two of them in my packet Tom, and I've also got 1600260 and that's dated February 1977 to June 1980 and it shows them putting matching funds of $83,000 and the city putting matching funds of $83,000. 1 cannot believe the City of Meridian ever put $83,000 to anybody at that time and for parks. That's $166,000. 1980 that's still was weeds. That was still weeds in 1980. Kuntz: I guess I'm not following you Councilman Bird. The one that I have in your packet is project number — Meridian City Council September 7, 1999 Page 43 Bird: This packet right here Tom. Maybe this isn't the packet. Maybe this is something that I got — well I got this one with the January 15th letter. I'm sorry. Now how I got this — this was in my box thank god, so which one is he — which one is he dealing with? Kuntz: The one in the packet that I distributed. 16-00260 is the only one that I've been privy to. Bird: What is it? Bird: Total cost of project. Corrie: Federal funds $50,000 City of Meridian. Bird: Just a second. Boy, I'll tell you one thing. They got both grants have got different dates on them and the same number. 1600260 is here, 1600260. That's what I'm saying. I would like to get the thing, get it set up. I think I can speak that the Dairy Show Board would love to have this thing cleared up for them as well as Kenny Hamilton. I can tell you the only money that I know that was ever put forward to a grant was in February of 1968. If somebody else can prove different and with a check made out by the Meridian Athletic Association for the City of Meridian to match their $13,000 some dollars. The total cost of the land was $30,000 and that was in February of 1968. Bentley: Mr. Mayor, well this one this grant that we're talking about here is signed by Don Storey. Bird: He was Mayor all them times. Bentley: I know. That's what I'm saying. If you're talking something 66, wouldn't the grant that came in '76 be the one that's enforced now? Bird: When you pay the money? In '68? Corrie: Mr. Gigray? Gigray: Mr. Mayor and members of the Council, I would advise that Tom advised me of this problem when it first came in. I believe what we talked about was number one that the City is already in a lease agreement and it should in good faith try to honor that lease agreement and protect and defend it. Secondly it seemed to me that this might require some kind of audit trial and additional information gathering in order to determine whether or not this claim is even valid that is being made about this and whether it relates to and what the City's options are and therefore if we could have that Meridian City Council September 7, 1999 Page 44 staffed that would put us in a position by the time this lease expires in December 31, 1999 as to whether or not we'd be in a position to enter into the same type of lease agreement in the future and so as I understand the tenor of this request it is simply to let them know that we want to proceed with the lease agreement as is in place and then we'll use that time in the meantime to staff this thing as to what to do in the future is how I understood we were going to do. Corrie: I think that's what both Mr. Bird is saying as well. We need to find out what we're doing here, which one we have. I would agree with that. I think we need to — Bird: My concern is which one we're going off of. Corrie: We need to find an audit trail here somewhere. Council, any other comments? Bird: Mr. Mayor I would like to see this proceeded with. But I would also like to include within this because they are very affected by it. The Meridian Dairy Show Board and their legal representative, Jack Riddlemoser and Kenny Hamilton be involved with Tom and Mr. Gigray and let's get down and see which one of these projects we're coming off from and if the City of Meridian actually put $83,000 in matching funds on the 1600260. Corrie: $50,000 you mean? Bird: Mine says $83,000. Bentley: But you're not reading — we don't know which one is right. Corrie: We don't have those. Bird: Well it lists on mine these two things and they're both attached to mine. Corrie: Okay. Bird: And don't ask me where I got that. But they're attached to that letter that come to Tom on July 15t" Corrie: Okay, well I think that we should go ahead and everybody that's involved in this, they should be involved in finding out about it. There's no question about that. So I'm sure that the attorneys can work together and with the Dairy Board. My suggestion to Council would be to go ahead and have the trail followed up with it. Rountree: Mr. Mayor my question is that at this point just for my own knowledge, what's the situation with the Dairy Board in this? Because I don't see them identified in any of these letters. I know they were involved in the land transactions and the money — Meridian City Council September 7, 1999 Page 45 Bird: No, they weren't. They own the Meridian Speedway. Rountree: I understand that, but how is this affecting them? Bird: Yeah, if you don't have a place to park, you don't run a business. They got to have a place to park the thing and that's where they come on. Plus they have got some deeded land agreements within their minutes and stuff that Meridian has deeded land back to them. We don't know — don't know where it comes from. And Don Storey's signature is on every one of them. Corrie: Does that help you at all or does it confuse you any more? Rountree: I think Jack can probably — Riddlemoser: Jack Riddlemoser, attorney for the Meridian Dairy Show. Very briefly because I think this is an answer to getting this matter resolved, but this is a matter of parking which affects the operation of the speedway. It is necessary for the operation of the speedway. Keep in mind that this is only used also even take this letter which we don't agree with everything but take it. It's only affected on race days. Other than that, this area is opened up just exactly like they are requesting except we have a fence. The fence and gates are opened up. But this is important and as I say none of us can minimize the affect of the speedway to the City of Meridian either recreationally or economically and this has been going on for 50 years, that speedway has. This is an important part of it. Now, I will say this very briefly. We have minutes of the Dairy Show where this ground was agreed by the City to be deeded to the Dairy Show in exchange for the 1.6 acres which was given by the Dairy Show for the Meridian Swimming Pool. This was in exchange for that. We don't find a deed, but that's what this is all about. Rountree: So we have Western Ada involved in it as well. Riddlemoser: We have Western Ada is involved in it. Rountree: Who else? Bird: The reason why Western Ada was developed was because the City of Meridian did not at that time the people in charge of it did not want a swimming pool and that was the only way we was going to get it. This original land was purchase in 1968 by the Meridian Athletic Association for the location of the swimming pool. I've got the minutes with everything deriving every cent out that was going to cost to put that swimming pool down there. But we found out the swimming pool would probably float down that location better than it would be a swimming pool, but that's why Western Ada come about was because the City of Meridian did not want a swimming pool at that time. Meridian City Council September 7, 1999 Page 46 Riddlemoser: But I will say on behalf of the Dairy Show Board we want to work this matter out. We will be pleased to work with you. We just want to know where we are on this thing and go accordingly. Rountree: Thanks Jack. Corrie: So we want to have everybody working together and see if we can — Bird: I think that's the best way we can do it, Mayor. Kuntz: What I hear you saying is we'll pull a meeting together all the players involved including Mark Brandt from the State and Kenny in the audience have you met with the Dairy Board obviously? Okay. Great, so if you could call me tomorrow or I'll call you and we'll set that up and move ahead. Gigray: Mr. Mayor, just a comment on this. I'll recommend and work with Tom that we first would work with our people to gather the information so we know where we stand before we meet with the State. I think that would be a better idea. Also with the Dairy Board and the other people involved so we've got our facts in line before we start talking to the State. I think the point of Tom's request here was so that he could shoot off a response in a timely manner which I think September the 17th was the date and we wanted to indicate that the City does want to honor the lease agreement that it has and we're not walking away from that. Kuntz: Mayor and Council with your permission, maybe I could contact Mark Brandt and I've actually verbally talked to him. What we'd like to do is this seems like it's a complicated matter and we need some time to pull our plan together and with your permission send him a response that we do need further time to research this and to meet with them and ask them to honor our lease that we have with Ken Hamilton Presentations. Any objections to that? Bentley: No. Bird: I have none. Rountree: Other than we're not asking them to honor anything. Kuntz: No, but allowing us to honor the lease. Bird: Tom I will say one thing. I have talked to Mark Brandt too. He tells me that we need to get hold of that Gloria Shin from National Parks Service because of the water Meridian City Council September 7, 1999 Page 47 thing on it. I have tried to get a hold of her, and I have not been able to. So if you would like to do it, I would be glad to let you. Kuntz: He's actually talked to Gloria about allowing us to let the lease expire or give us time to research this and she concurs that that would be agreeable with her. Corrie: Then I think that the ones involved, the Dairy Board, Jack and our attorney and I think Western Ada is involved in this too so we can all get together. Right? Go ahead and do the letter. Kuntz: Thank you. 3. CONSULTANT FOR 56 ACRE MASTER PLAN. Kuntz: The next item you have in your packet is a request to approve Landerman Moore and Associates as the consultant to provide our master plan for the 56 acres. Corrie: Any comments? Bentley: Tom, we had discussed the Chateau plans along with this. Have they agreed to do that too? Kuntz: They have. In my memo the last paragraph my recommendation to expand the current contract with Landerman and Moore provide a master plan for both the 56 acre park and Chateau Park. These plans will be completed in conjunction with the Parks and Recreation master plan and those public hearings start on the 23rd of this month and I put a schedule of those hearings for the master plan in your mailboxes last week. Bentley: Thank you. Corrie: Any questions? Bentley: Mr. Mayor I would move we approve Landerman and Moore for the 56 acre master plan for costs not to exceed $15,000. Bird: Second. Corrie: Motion made and second to approve the Landerman Moore for the master plan for both the 56 acre park and Chateau Park not to exceed $15,000. Any further discussion? All those in favor of the motion say aye. Meridian City Council September 7, 1999 Page 48 & Is] 9to] [4L1:4:A2191W.11IW.Ayd26*1 4. CAPITAL CARRY OVER PROJECTS FROM 98-99 BUDGET. Kuntz: The last item you have is minimal requesting approval to carry over five different projects. The reason for delay in those different projects I can go into if you'd like me to. The Chateau Park tiling is out for bid as we speak. The Public Works Department got that ad pulled together and it will go out actually in yesterday's paper actually for this week's Valley News. 8th Street Park playground improvements we're starting on tomorrow. The Storey Park rehab station has been delayed until we find out for sure that we're going to require the well number 8 at Storey Park and the legion fence is being delayed because they're going to start tearing down and building new dugouts I believe next week and the high school tennis courts have been delayed because there is a dispute with the landowner on the south side who is using 16 feet of the school district property and we don't want to go out for bid until they've got that issue resolved. So the only two that will be delayed any length of time would be the rehab pump station at Storey Park and the high school tennis courts. Corrie: $112,000 is that right? Kuntz: These delayed projects? I'm sorry Mayor, I didn't add them up. Corrie: Okay. Bird: $112,000. Tom these were all projects that were in the fiscal `98-99 budget for you? Kuntz: Correct. Bird: How many of them is going to be under contract by October 1 st? Actual contract. Kuntz: The tiling of Davis Drain should be. Bird: Okay, if they're not by state code, if they're not under contract by October 1 St or September 30th. On October 1St they go back into general fund. Kuntz: My understanding from talking with Reta is that the City Council has the authority to carry these over. Bird: I was told just the opposite Tom that unless they're like when Tully Park carried over, but that was under a contract. If it's under a legitimate contract, then we can carry it over, but if it is not under actual contract then it goes back in and then you have to Meridian City Council September 7, 1999 Page 49 reapply through the capital development on it. That's what — I have no problem doing this, but and Counselor just said the same thing. I just asked him the question and he said that if we're not under a hard contract for this specific amount or whatever you hope it's always under a little bit than what you did, but then we can't do this have capital project carry overs if they're not under contract. Now I welcome the rest of the Council. If that's what their opinion — that's what I've been told the two things that I went through Tom. Corrie: Are any of these under contract? Bird: No. Kuntz: Not currently Mayor. The tiling of the Davis Drain will be or should be by the end of this month because it's being advertised now. The playground improvements will start tomorrow. I guess we're hoping that they're going to be done by the end of September. Bird: Yeah, but is it under contract Tom? If it starts tomorrow, certainly you got a bid on it. Kuntz: Yes, sir. Bird: Okay, then it's under contract so that will carry over. Kuntz: So a bid is a signed contract I guess that is what I was — Bird: Yeah, that's what I would call a proposal signed by you. Kuntz: The rehab pump station will not. The legion fence could be because we're working diligently to get bids and get that moving. But the tennis courts I have no idea when that's going to be resolved because the bid package is ready but they have not advertised it because they're trying clear up the land dispute. So Councilman Bird I just from my understanding from talking with Reta was not quite the same and whatever we need to go by, I can live with. Bird: This is what I've always been told in the two years I've served on the Council. Corrie: Mr. Gigray, I guess you can speak. Gigray: Thank you Mr. Mayor and members of the Council, point of information. You have already tonight set the budget. You passed an appropriation. Under law that is where all of the expenditures of the city fall under. You have included in that budget a considerable amount for capital improvements. If the monies are not expended by Meridian City Council September 7, 1999 Page 50 October 1, they go into the general fund and that's why you set one appropriation ordinance from one fiscal year to the next. If you have something under contract, the City will have a liability by that contract that is let to make sure that it pays that contract so as you approve bids for capital improvements you will be obligating the City to pay for those which I assume as you go forward with these, you will designate out of your capital improvement fund in the next fiscal year. You can treat this as informational as to requests that will be made coming through the Parks Department in that particular area. Corrie: Well we'll need $51,000 and the other part will have to come out of the two million capital fund. Correct, since you got two contracts, two bids of $37,000 and $14,000 if I am reading it right. Okay. Anderson: Mr. Mayor I guess I interpret having a bid in hand differently than awarding that bid or accepting that bid and authorizing the work. I don't see just having the bid in hand as actually obligated under contract. Bird: No, he was talking about proposal Ron is what he was talking about and a proposal at certain levels up to a certain point and not $14,000 up to 5, 600 bucks. He can sign a proposal and then that is an obligation that we are responsible to pay for. No, no contract. It's got to be done by October 1 st, signed, sealed and delivered to be in this years' budget. That's my understanding. Rountree: It would be my understanding is what Bill said without a liability you can't increase your already set budget and anticipated amount of expenditure. However those projects can come out of this year's budget by special approval of the Council. So I guess what we're saying is if they're under contract the money can be set aside. If they're not under contract, then it waits until next year. It's bought as an individual project back to the Council and we'll take action on whether or not we'll enter into an agreement to do it. Kuntz: I know that the school district is waiting to hear on your decision on tonight's meeting. Would it be skirting the issue if we were to draw up an agreement with the school district and make that money payable to them? Gigray: You can transfer property from one taxing entity to another. You're supposed to have an agreement and you're supposed to advertise it. Bird: Supposed to advertise it. Do you have enough time? Rountree: Yeah, plenty of time. Bird: We should have thought about this a month ago. Meridian City Council September 7, 1999 Page 51 Kuntz: They weren't anticipating that the surveyor would be thrown off their own property. (Inaudible) Corrie: Well unless you've got the contracts bid then it will have to come in as your request for the year 2000 so reconstruction of the tennis courts, can we advertise that as such? We have time for it. Then it would be under contract. Gigray: And get the responses in time and — (inaudible) or you set a special meeting. Bird: You'd have to have a special meeting Mayor. Our next meeting is the 21 St. Does that give you enough time to advertise that? How many times do we have to advertise something like that? Corrie: I think once, don't we? One time? Kuntz: Well it sounds like your direction Mayor and Council is that the school district needs to put it out for bid and get it awarded by the end of this month if they want to be guaranteed our share of the money. Bird: Yeah, for this year. Corrie: Yes. Kuntz: Okay, I'll convey that message to them and then the other projects as long as we've got some kind of a signed agreement to do the work. Bird: And a contract, Tom, for those large of ones. Kuntz: Okay. Corrie: No contract no carry over. Kuntz: Okay. Mayor and Council just a point of information I hope that this dilemma with the speedway or excuse me the Kenny Hamilton Presentations Lease is not being viewed as an adversarial role between our department and the Kenny Hamilton Presentations. I know that there's been questions raised as why this issue came to the front, and that's why I included the letter that was dated July 15th. But we are looking forward to working to them to a positive resolution for both parties, the City and the Kenny Hamilton Presentations. Meridian City Council September 7, 1999 Page 52 B. BILL GIGRAY: GENERAL REPORT AND REQUEST TO REFER NEW CODE TO PLANNING AND ZONING REGARDING ZONING ORDINANCE. Gigray: Mr. Mayor and members of the Council I have under a general report request that you give me authority to refer the new code to the Planning and Zoning Commission for their advertising and public hearing because of a few provisions that are in the zoning ordinance that are changed. I figure upon review of this matter that it would be better to play it safe because the state law requires public hearings and review by Planning and Zoning Commission on any changes in the zoning ordinance. There are a couple. They're mainly technical in the zoning ordinance that would take care of that. I think it's extremely important because we have a lot of other ordinances which we are preparing which you are reviewing and I've requested the Clerk hold until the new code is passed because the new code will be passed by one ordinance only and of course it will set the section numbering and codification for which all subsequent ordinances are passed and to avoid confusion I feel that that would be the best order to follow that is the new code passed and then all of the subsequent ones following it. But I didn't feel like I had authority to do anything at this point because we had had one strategic planning meeting in which I presented an overview of the code and gave you an outline with it. I was given no expressed direction at that point in time and in order to get this thing moving I would strongly recommend you give me authority to refer that to the Planning and Zoning Commission or you could direct me directly so that they could get moving on it and it could get back before this Council for consideration and passage. Corrie: Okay any comments? Rountree: So moved. Bentley: Second. Corrie: Motion made and second that the request that the request for new codes for the Planning and Zoning regarding the zoning ordinance be approved. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES. Bentley: Mr. Gigray very interesting reading. Gigray: Are you enjoying it? Bentley: Yes. Meridian City Council September 7, 1999 Page 53 Gigray: If there are things that you see in your review that really are obvious things that need to be changed, just refer them to our office and with the permission of the Council and the Mayor, we can go ahead and start preparing some follow up ordinances to correct those mistakes because this maybe the best opportunity you have to go through that whole code and you'll pick out some things that need work on. Bentley: Mr. Mayor I would hope that the department heads would start perusing it too so they can give us any more that needs to be corrected too. Gigray: Has it been distributed to them yet? Bentley: I don't know. Corrie: (Inaudible) Rountree: Mr. Mayor would you see that that's done and request the department heads to take a look at those sections that impact their work? Corrie: Okay, Mr. Gigray would you go over this — this is not on the agenda here, but I'm going to extend the privilege on this golf course thing. We need to get probably some agreements here. Would you go into that for us? Gigray: Mr. Mayor and members of the Council, I was faxed a transmission from Mr. Insinger who represents the Lessee in Cherry Lane Recreation, Inc and have requested and stated in his letter which I believe you have in your packet a revised Estoppel agreement or certificate to be executed by the City Council and requested that that come before the City Council and I'm referring to his letter dated September 3rd and then there was an accompanying Lessor's Estoppel Certificate with it. I had to review that Estoppel Certificate. It still in my view in part three and in part four and in part seven has some matters that I think are beyond what at least at this stage of the game I would recommend that the Council authorize part three says the Lessee is not in default and as of this date is current in all of its financial obligations under said lease and lessor has not made and does not now make any claim that lessee is in any default and then in part four it says lessee is exclusively entitled to all of the rights and subject to all of the obligations of the lessee under the lease consistent with all terms and conditions therein and any and all agreements with New Pacific or any other person or entity which might otherwise impact or impair lessee's interest in the lease or the property subject thereof have been terminated. No person or entity other than the lessee has rights or ability to serve or obtain any title or interest in the lease or the property except with lessee's consent which shall be at lessee's sole discretion and then seven it says lessee and its officers direct or his agents attorneys, insurers or lenders shall have the right to rely on all matters certified to herein as of this date and lessor shall be estopped from subsequently asserting any contrary position except as to events which may occur Meridian City Council September 7, 1999 Page 54 here after. I felt that that language still was so all inclusive that I would not recommend that the City Council execute such a document. I have prepared a memo. I understand that Recreational Properties, Inc is in a tough position out there trying to figure out a way to provide at least a statement from the City as to the conditions for which exist with that lease agreement. In my memo I first point out to the Council that you're under no legal obligation to execute such a certificate. There are many instances where you're a lessee and you're leasing some property say for instance in a shopping center and the lessor for their own financial purposes will require you as of the terms of the lease agreement to execute Estoppel Certificates and you do see those in lease agreements from time to time. That's not a part of any relationship that we're in. Secondly the proposed certificate in my view could only prevent potentially the City making a claim that otherwise it might have which the bank or the lessee in the first instance or their insured and as you can see in part seven any of those people could raise that as a defense that the City would be esstopped from even raising such a claim and what I felt in order to speed this along would be for your consideration the possibility of the City issuing a lessor statement concerning the lease agreement and that that statement which is for your consideration before you acknowledging that the lease agreement that was dated the 3rd of October, 1978 between the City and Cherry Lane Recreation that it's in full force and effect. There have been no subsequent amendments or modifications other than the nine holes of golf which have been added and I'm paraphrasing here, you've got it in front of you that the real property which is subject to the lease is duly annexed into the City. The legal description of the real property we have attached. We've already executed one document to that affect. The Cherry Lane Recreation Inc an Idaho Corporation lessee is exclusively entitled to all of the rights, duties and responsibilities of the lease under the terms of the lease provisions and are required that said rights, duties and responsibilities may only be so held by Cherry Lane Recreation Inc without the written permission of the City to do otherwise. And that the City hasn't transferred or assigned its interest. That's what part five is about and that in part six that Cherry Lane Recreation Inc is current in its performance of the rental payment provisions of the lease and that the City has not caused to be served nor does it have any present plans to cause to be served upon Cherry Lane Recreation Inc any notice of default of the terms of the lease including any present claim of indemnification as far as the City of Meridian is presently aware and that this statement is being issued by reason of the lessee's request for a lessor's Estoppel certificate which by the terms of the lease the lessor is not obligated to execute as a courtesy to the lessee this statement is being issued under the authority of the City Council action and then it would propose this date. And so I prepared that for your consideration knowing that this matter is belabored. I certainly would understand that probably the language of the Estoppel Certificates are not the original of Cherry Lane Recreation Inc but and I'm probably not — it's something to do with some requirements of lending or otherwise and who knows where it was originally drafted. I wanted to be able to provide the Council and Mayor with at least my advice as to what possibly the City could do with short notice at this point and I just get it to you for your consideration also so that we honor Meridian City Council September 7, 1999 Page 55 the request that at least you have an opportunity to review this as requested by Cherry Lane Recreation, Inc. Corrie: Council wish to issue the statement concerning the agreement? Bentley: That would be my preference to issue that. Corrie: Any further discussion? Rountree: Mr. Mayor on item seven this sixth word should be by. In refer to attachment or exhibit A, Exhibit A is not identified. I assume it's the legal description. Is that the intent? I'm talking about the Lessor's statement concerning agreement. It talks about Exhibit A. It shows a legal description. It appears that legal description is encompassing the original nine holes. The latest date is September 8, 1977 so it doesn't include the remainder of the 18 holes of golf. With those two items I'm in agreement that it looks to me like this is probably a better form for the City to move on as opposed to the Estoppel Certificate. Bird: Mr. Mayor, I agree with Charlie. This Estoppel thing I do not like but I have a question. Will this agreement that we are proposing to give to Wally is that going to be satisfactory for the lenders? I mean I think it's the lenders that are making us or is having him want us to sign this Estoppel certificate. Corrie: That's correct. I don't know whether it is or not. That would be up to the bank. Bird: Yeah, that's what I'm asking. Does Wally know? Corrie: I don't know. That would be a bank decision; is that correct Mr. Gigray? Gigray: Mr. Mayor and members of the Council, obviously what the bank will accept is up to them. What I was trying to do is provide a mechanism where we could speed information and also give the bank some assurance that Cherry Lane is not subject of any present move to put them in default that they're in the lease that this is the 18 holes. We'll double check this description. That's a very good point, but we filed a very recent document that's identified with that entire 18 holes is and I think it should give the bank the basic information that they should be I think are trying to get in the Estoppel Certificate. I tried to make this as broad as possible getting what I was seeing the bank was asking to try to assist in this matter, but yet I mean —you know I can understand if you're on the other side you want all the guarantees in the world and just say there's just no way, no way any claim could ever be made and we want to be able to protect ourselves and our insurers and on and on and on. Well I can't recommend to you that we do that. At the same point I think it's fair to say these are the people, they're leasing, they've paid their obligation, we don't have any defaults out there, we're not planning Meridian City Council September 7, 1999 Page 56 any at this point. We're not requiring any indemnification. I would hope that this would work out all the way around. Corrie: Any other questions? I'll entertain a motion on the Lessor's statement to be signed as written and with the correction of the — Rountree: Mr. Mayor I move that we approve the Lessor's statement concerning agreement of lease dated October 30, 1978, concerning the Cherry Lane Recreation Inc. and that we authorize the Mayor to sign. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the lessor's statement concerning the agreement of lease dated October 30, 1978 and the Mayor to sign. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. C. KENNY BOWERS: 1. UNION CONTRACT. Bowers: Mayor Corrie and City Council members, I have nothing new on the union contract at this time. The union negotiation committee wants to meet one more time. They found a discrepancy in the contract. They want to meet one more time. Any comments on that? Anderson: Is that regarding the issue that we talked about yesterday? (Inaudible) 2. TRANSFER OF PROPERTY. Bowers: The next item is the transfer and sale of the property at 716 N. Meridian Road from Meridian Rural Fire Protection District to the City of Meridian. I believe you have the agreement of transfer of real property in your box and probably have a resolution probably in front of you also. This is the agreement the City and the Rural has come together. Both attorneys have worked very hard back and forth to get the wording right that each one of them wanted and for the $90,000 from the City of Meridian to the Meridian Rural Fire Protection District. Also it was put in the Valley News. Will got it in for two weeks. So it was advertised for two weeks. Meridian City Council September 7, 1999 Page 57 Corrie: Comments from Council? None, okay I'll entertain a motion on the transfer of property. Anderson: Mr. Mayor I would make a motion that we approve the transfer of property from the City of Meridian to the Meridian Rural Fire District in the sum of $90,000. Bird: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the transfer of property in the amount of $90,000. Any further discussion? Bentley: Mr. Mayor, I believe you stated the transfer of land from the City of Meridian to the Rural Fire. Isn't it the other way around? Anderson: Actually it's a transfer of funds. Bentley: Okay. Corrie: Any further discussion? Hearing none, roll call vote. BIRD, YEA. BENTLEY, YEA. ANDERSON, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL AYES. 3. EVALUATION OF FIRE DEPARTMENT. Bowers: The Meridian Rural Fire Protection District will have this on their agenda next Tuesday night, so they will bring it up then. The third item is the evaluation of the Fire Department. This is the evaluation and plan that you guys sat through a presentation from Emergency Service Consulting Group. Mr. Gigray had gone through the contract didn't have any problems with it. This money was set aside, I believe it's in Will's budget, I believe is where it's at for $24,600. 1 am not sure how much we set aside. I think we probably set aside 25 or 30 for the fire and the same thing for the police at that time. I'm not sure (End of Tape) Anderson: Mr. Mayor, Kenny did they have a completion date for that project? Do you remember was it 120 days or 180? Bowers: I do not remember seeing anything for a completion date. Mr. Gigray do you remember seeing anything? I'm sure there is in here though. I'm sure they have to put up a date. Meridian City Council September 7, 1999 Page 58 Gigray: Mr. Mayor and members of the Council, Chief Bowers, as I remember it seemed to me the main thing had to be the time table associated with the payments and the progress of that in relation to that. I don't have that file right in front of me. Bowers: There was four different payment plans but it didn't give us anything on months or days or anything like that that I know of. I don't see anything at this time Councilman Anderson. Bird: They're not going to drag it on for $24,000. They're going to get in and get out. Bowers: All it says is the payment plan schedule 25%, 25%, 25% and 25%. It says this contract is good for 90 days. It does say that. Bird: The price or the contract? Bowers: The contracting price. 1:3R•"=111111�T 0 01111 Bowers: Yeah, the offer. Corrie: (Inaudible) Bowers: July 6t" is this book that I received from Will Berg. Anderson: Mr. Mayor I would make a motion that we enter into a contract for professional services with Emergency Services Consulting Group for evaluation and strategic plan for the Fire Department in the sum of $24,600. Rountree: Second. Corrie: Motion made by Mr. Anderson second by Mr. Rountree to enter into a evaluation of the Fire Department contract in the amount of $24,600 with ESCG. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Kuntz: Mayor I just have a quick question because this affect my consultant on my comprehensive plan. Tonight I was told that if I have a signed agreement that that money can be carried over. Does that apply to — see I was told just the opposite that that money cannot be carried over from this year's budget to next year's budget on consultants who are hired with a signed contract. Meridian City Council September 7, 1999 Page 59 Bird: On a signed contract Tom, no you can carry if it's signed this year. The consultant thing. Kuntz: Well I guess I need to get — I was told that is not true because I asked that specific question that we're going to be halfway through paying for our consultant of $25,000 and I was told by the finance department that no, that money has to be re - appropriated next year. Bird: No, they don't. Corrie: If you get a contract we can pay it out of — I'll talk to them tomorrow. Can we carry it over if they got a contract? We can't? So they've got to pay it out of this year? Gigray: You'll take it out of next year's appropriation unless you've got an obligation. Bird: It's an obligation as I was — Gigray: Usually when you figure your budget you figure your contingent liabilities for the remainder of the fiscal year so you figure out how much you're going to carry over and then the department head should figure in their budget what their liabilities are going to be and their expenditures for this fiscal year and the next fiscal year, but I mean we can talk to the auditor about this and what they can interpret it and so on. There's no point in getting in a fuss over it (inaudible). Bird: No. Gigray: That's my understanding. Corrie: Okay we'll have a meeting with them either this week or the first of next week. We'll find that out Tom because — (Inaudible) IMy/110:3=11Wei APPLICATION FOR ADULT BUSINESS LICENSE BY VALLEY VIDEO. Berg: Thank you Mr. Mayor. I'm sorry I have to bring this up. According to our new ordinance Adult Entertainment License we have an ordinance officer that is going from video store to video store checking on their level of entertainment and so — according to the ordinance they have to get a license. Corrie: This is video now? Meridian City Council September 7, 1999 Page 60 Berg: This is video. And so this will probably be the first of many that will be coming your direction, but according to the ordinance I need to send the information to several departments and agencies and get comment back from them concerning the application and then bring it to the City Council within a certain time frame. So what you have in your packets is exactly what I've received. And so I'm guessing I'm asking for your approval to issue the license. 171 which is part of the ordinance it says the City Council shall act upon the application at the next regularly scheduled meeting after submission of the application by the City Clerk. If each of the designated officials or agencies have determined that the proposed business establishment is in conformity with all the city and state laws and it appears that there are no material misrepresentations or fraud in the application or in connection with the investigation by city officials or government agencies the Council shall grant a license to the applicant. Unfortunately a lot of our transmittals we assume with no response means it's okay. I haven't got a response from every agency or department that I sent this too, but we asked to respond by a certain days and we have a time period that we have to present it to you and issue a license so this is where I'm at right now. I do want to make a point that we are looking at the ordinance and trying to amend it in different areas so we are trying to look a little bit harder. This particular business very graciously applied without any arguments after reading the ordinance and faithfully submitted all the information that we requested from him and to say the least that his videos are not in open sight or access to anybody. They have to be brought to the counter from one of the cashiers, and I don't know if the Chief has any other things to respond to. Fred from the code enforcement has been hitting these businesses. Gordon: Mr. Mayor and Council just one comment. I don't agree with the no news is good news. I think all responses should be in before this license is issued, and if department heads fail to respond, I think they need to be reminded. This is an issue that was brought to us by the public and I think that's what happened in Caldwell also. So they have an interest in this, and I was unable to find any reason to deny this license by this applicant, and I personally don't view these films so — Corrie: Have many departments have not returned your request? Berg: The only written response that I receive Mr. Mayor and members of the Council is from Central District Health. I think it's attached a memo to all the agencies and officials that I sent the application to. Corrie: So there's planning and zoning, building inspector, Central Health, fire inspector, city attorney, city engineer, Ada County Highway, Chief of Police. Berg: Yes, that's correct. Corrie: And the one you got is for the Chief of Police and Central Health. Meridian City Council September 7, 1999 Page 61 Berg: No, the only one I got was from Central District Health. Gordon: You've got mine. I've been on vacation. It was signed today and approved. Berg: Okay thank you Chief. Corrie: We can't do too much. I guess I can call Ada County Highway District but the rest of them I can put some pressure on tomorrow. I think we probably better table this one until we get that information. Bird: Mr. Mayor, I move that we table this until October 5th, 1999 so that all the departments can reply and that the Mayor will make sure that they do. Bentley: Second. Corrie: Motion made and second that we table this request until October 5, 1999. Any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES. Smith: Mr. Mayor, just for a point of clarification, if we in the future get these request for responses and they are required I'd appreciate it if it would be so stated because we get a lot of requests for comments and some of them if they don't affect you as a department head, you just have a tendency to not reply and I guess in most cases, that's taken as no comment is taken as no objection or no comment. Corrie: My boss when I was on the bottom of the totem pole at Park Davis, whenever he wanted us to do something like respond back he had a stamp that said answer required. And I got pretty ticked at that, but so did everybody else but he got the answer back so maybe we might spend a few bucks and do that. Berg: Well Mr. Mayor I thought I was pretty clear in our memo that Angel and I drafted up that please respond with any comments or recommendations you may have by August 30th. Sorry, I don't know what else I need to do. I know that I could keep calling them, but we do have a time frame that — one of the sections of the ordinance there is some days that we need to respond to these people and — Bentley: Maybe you order up a stamp that says written response required by and then have a spot for a date to be put in there. Corrie: I think we'll put a couple of stamps on there because we got other departments that kind of slough off a little bit too. We'll get a couple of stamps. Meridian City Council September 7, 1999 Page 62 Gigray: I would also recommend and hopefully as we go through this — this is really kind of a new process here. I don't know that this type of request has been routed before and I would appreciate some comment about what departments really ought to review this. I really do not think that the City Attorney's office other than commenting that it's a completed application should comment further and the reason is because we have some supreme court decisions regarding the disqualification of Counsel for districts or cities in relationship to any kind of prosecution of any matter. Basically we have it with the school district involving the teachers, but there is a potential if you end up not allowing a license or whatever about the ability of the City Attorney to advise the Council about what they should do and if you end up being on the investigative side of this, you could be disqualified and that's one of the other recommendations about an amendment of this ordinance that I'm going to recommend is to take that part out of this on the routing, but I'm not sure what other people need to be on here and what ones shouldn't be. Gordon: Mr. Mayor in defense of Will Berg, my comment was in house department heads. I don't know if anybody has any control over ACHD or Central Health or those folks. Corrie: They're the only ones that responded. Bird: Mr. Mayor, I wanted to clarify something that we had discussed before the meeting opened so that we can get things straightened away. When we met in our workshop last week, we were going to advertise for legal representation to have the stuff in by the 17th then we were going to have a special meeting on the 23rd to make our selections. I now understand that this isn't going to happen that we don't have the time to get it out or — Corrie: You weren't there. Bentley: Mr. Mayor, if I may. I think if we're going to do this, we need to do it right, and I think we're sort of pushing the wall a little bit here with everything else that's before us. Bird: I don't understand it. I mean it would simpler I would agree with you if we had a contract with the existing ones, then we'd know what we were bidding on, but we don't seem to have a written contract with the existing law firm and I'm certainly not down on that, but our fiscal year starts October 1 st. If you're going to have one firm into that, they need to start. Fiscal new year, that's my opinion. Corrie: If you have an RFP, you better know what RFP is supposed to say is what I'm saying. You better sit down and say okay what do we want in the proposal? So everybody that's doing it is working on the same page. Meridian City Council September 7, 1999 Page 63 Rountree: When I left that meeting, Mr. Mayor, it was understood that you were going to take that and you were going to get an advertisement for request for proposals in tomorrow's newspaper. Corrie: That was not a meeting and it wasn't a public meeting and I couldn't take it. That was — you want to have it in the public, that's fine. If you want to really push the envelope Mr. Rountree, I'm the one who appoints the attorney with the Council's approval so I would like to say let's get it on the record what you want an RFP for and then go from there. Gigray: Mr. Mayor to allow you to have frank discussions about this and since this may involve the integrity of our office and this position, I'm going to ask permission to leave so that you can have a discussion without me being present. Because I feel it's important that I have the confidence of the Council and the Mayor, and if I don't have that confidence or there's a problem here I want to have you have the opportunity to discuss it. You've got a public meeting here, but I would ask to be excused. Corrie: I suggest that I put it on the Council for the next meeting if you're going to have discussions. So it's publicized. Bird: I want to clarify something for myself. Gigray: I've got a great big box here so I don't have to come back for it and then you can have whatever discussions you want to have. Bird: It don't affect you and nothing is going to be said here that I wouldn't say to you. You're going too, okay. The first place, we're not appointing an employee. It isn't a department head. This is a contract. This is a contract that you make regardless of whether it's verbal as I'm told it's just as good as written or it's written. This is a contract that we enter into just like we do with a general contract or something so it isn't that kind of way. I just don't think it's fair whatever firm we come up with or whatever is done to get halfway in to the following fiscal year and switch horses. I think it's fair. That's the way we did it last year. I realize the deal, but you know I'm one vote guys. I'd like your opinions. Corrie: I gave you mine. Bird: I know Bob, and I appreciate it. Corrie: I don't think we're in that big of a hurry. If we're going to put an RFP out, we need to put a regular RFP out not just say present it to us in a meeting and what have you. This was at a meeting that was not a regular Council meeting. Meridian City Council September 7, 1999 Page 64 Bird: We sit there and discussed it and everybody says that's great, and now all of a sudden it isn't great. Last year within four days we had one. Corrie: I know it. Bird: And we don't have a written contract and that's the one thing that really gripes myself that we don't — if he was sitting here, I'd tell you the same thing, because respect them guys very much, but here's a guy that we do billion of dollars worth of work on an AIA contract, but it's not good enough for the City of Meridian, but this firm does "x" amount of dollars with us. They don't have to have a contract. So you know the shoes are different. One is left and one is right. But you guys decide I mean I'll go along with whatever you want to do. I just think it's not fair to anybody not to have it done by the first of the fiscal year. Corrie: Well what are you going to do if you change two Council people? Do the other Council coming in, do they have a right to their opinion? Bird: Hey, that is fine. I come on to the Council two years ago. There was some things in here that I — I work with it. Next October they can have their vote. Corrie: Okay. Bird: Hey, I'm one guy. Let's hear the other three. Anderson: Mr. Mayor, I'm hearing two different things Keith. First I hear that you're concerned that we don't have a written contract and I would agree with you that that probably should be the logical thing is to have a written contract but then I also hear you say that we want to do a request for proposals and I don't any problem with a request for proposals either, but if we're going to do that, basically I think we know that we have two firms that one that is courting us and one that is doing the work. If we're going to do a request for proposals we ought to open it up and let anybody who is interested bid, advertise it and do it that way. I would throw my two cents worth in about a new Council deciding that. I know that when you and I came on a year and a half ago, we were in the middle of changing legal firms or getting rid of our city attorney and that's pretty difficult to do when you don't have any past history or work with them. So I'm guess I'm kind of the mind that if we decide that we want to requests for proposals, we probably ought to do that before the first of the year and before a new Council comes on because they wouldn't have any idea what they were voting on or why they were deciding to change or what have you. So that's my two cents worth. Bird: I'd like to ask one thing, excuse me Mayor and then I'll shut up. Without a written contract people, this firm could charge us anything they want. They have been very fair. Meridian City Council September 7, 1999 Page 65 They've been very good. Why and all four of us sit on the Council last year, why within a matter of one week we have a firm in? We get rid of our city attorney, which was the worst day of my life sitting up here and I think all three of you go right along with it, but within a week we have a firm in here. There was no FFI's. If certain people hadn't come there wouldn't even have been any other competition than the one. All I'm saying is let's open it up and let's be fair. Let's get a written contract. I realize that — well I've said my piece. Rountree: Well for some reason Keith, Mr. Mayor, there's a stall factor going on here, and I don't know why. We were in general consensus last public meeting even though it was a workshop that we would put an announcement in the paper tomorrow that requested proposals from attorneys to represent the City of Meridian. You do not have to have an elaborate 100 page document requesting proposal. You simply say, the city of Meridian is requesting proposals from legal firms to represent us in criminal and civil matters period, end of discussion. You evaluate the proposals based on the merit of the proposals and the content of the proposals. You don't laboriously scratch out. You're going to do this on this day and you're going to do that on this day and you're going to do this this way and you're going to do this that way. You'd never get anything done. If you're going to do it that way, you might as well be your own lawyer. The bottom line is that we need to act on our legal representation. It is a contract with the City of Meridian. We do not have legal staff. We let it go. We hired the firm that we currently have now for legal representation just as Keith said in a matter of a few days last year, but we requested proposals very short and sweet. We got three proposals. We evaluated the three proposals and we selected. The Council selected which firm to go with. All I'm saying is that I was under the impression when I walked out of here last Tuesday or Wednesday night or whenever it was that that's where we were going to go. If we're going to do something different then as a Council we need to decide we're going to do something different, but let's do something. We either have to extend the agreement with these folks which we had a year extension but I personally won't vote for any extension until there is a written contract and I was under the impression that there was going to be the last time and it didn't get done. Or we go out for proposals, evaluate the proposals and select who we want to represent us in legal terms and hire them. Corrie: Until the first of next year. Then you have appointments of department heads by the Mayor with the consent of the Council. Rountree: Bob, you're just working on your own ego. Corrie: I'm going tell you something. It's not ego. It's legal. Bird: What do you mean it's legal? Meridian City Council September 7, 1999 Page 66 Corrie: That is exactly what the law says. The law says at election time the Mayor appoints the City Attorney, department heads and the Council — Bird: Now wait a minute. You don't have a city attorney. We have a firm. It's a contract just like we went out and hired a dump truck. Corrie: I don't care what — Bird: He is not an employee. We have no way that we tell Bill Gigray what he gets every day. He's a contract so it isn't an appointment. Corrie: Well you change the state law and I'll — Bird: I'll get six attorneys and we'll get six different opinions. Tell me what law it is. Corrie: I'm just asking you do you want an RFP set now? Bird: Yes, we want it done — Corrie: In a public forum you say you do. Then we'll put it out, but I'm not going to it until it's in a public forum. Rountree: Mr. Mayor — Corrie: Just a minute I'm talking. You want an RFP sent out then put it on as a ballot what you guys want to do and you put it out and I'll do it, but I'm not doing it unless it's in a public hearing. That's what we're having now, so Mr. -- Rountree: Mr. Mayor I move that the City of Meridian put out a notice Request for Proposals for representation legal services for the City of Meridian for FY 2000. That notice be in the newspaper no later than Wednesday of next week. Bird: I second it. Corrie: Okay now motion made and second. Do we have time to do that for next week? Berg: Excuse me Mr. Mayor you said for next Wednesday. Well we could, the deadline is Tuesday morning next week. Corrie: So we're talking about the 14th it will be in the paper the following Wednesday the 15th, right? Rountree: The 15th Meridian City Council September 7, 1999 Page 67 Berg: The publish date is the 15th so the deadline is Tuesday morning the 14th Corrie: Okay. And what date do you want to have the RFP's back to us? Bird: How about the 24th Charlie? Rountree: Mr. Mayor, I move that the RFP's be returned to the City of Meridian on September 21, 1999. Bentley: Point of order. You have a motion already on the floor. Rountree: I'll make another one. Let's vote. Question on the first motion. Bentley: Or just amend it. Corrie: So we go the fiscal year 2000 will be on the 15th. Do you know what you're going to say? Bentley: Just amend it. Rountree: I amend my motion to have the RFP's delivered to the City of Meridian on September 21, 1999. Bird: I second. Corrie: All right, then what? Do you want to act on them? Do you want to — after they deliver them to us then you're going to make a time when you want to act on it. Rountree: We can do that when we receive them. Corrie: Okay. Rountree: We'll have another public meeting on the 21 St Bird: That's our regular meeting. Rountree: The 21St Corrie: Motion made by Mr. Rountree second by Mr. Bird to have the RFP put in the paper for the 15th of September and delivered to the Mayor's office the 21St of September. Any further discussion? Meridian City Council September 7, 1999 Page 68 Anderson: Mr. Mayor I guess in light of our discussion that we had prior to the motion, and talking about making this open to everybody, the time frame seems very tight to me one week to put together a proposal. I guess I would favor something more like the first meeting in October, and I'm not sure that it would necessarily have to be done prior to that October 1St. We're talking about close to an entire budget year, but unless we want to limit it to two firms putting in proposals, it would seem like we would want to give them a little more leeway in putting together their RFP's. Bentley: Mr. Mayor, I would agree. I think we're jamming the time up a little bit. I'd like to have time to review them in case there is more than two. Rountree: Mr. Mayor, you could make it one day, ten days, or four months and I can guarantee you, you'll get the proposal the day you said you want the proposal from those firms who are interested in doing work. I mean that's how it is out there in the real world. We don't have to make a decision. We don't have to make a decision on the 21 st. If we've got them, we could then make a decision about how long we want to review them and when we want to make a decision and my motion did not say that they're delivered to the Mayor. They're delivered to the City and if I have to amend my motion to have those delivered to the City Council, I'll do that. Corrie: Okay, I'll give them to you. How does that sound? Rountree: As long as the City Council gets them. Corrie: You don't think I would give them to you? Are you saying that I haven't got that much integrity Mr. Rountree? Rountree: You said last week you would have this in the newspaper today or tomorrow. Corrie: I'm just giving a legal opinion that was given to us. Rountree: I can get the tape. Bird: Who give the legal opinion? Corrie: Okay, let's — Bentley: Call for the question. Corrie: All in favor of the motion as stated say aye. f•[QIto] 0KOY-11711aID]I_1IW-,Vdc.11 Meridian City Council September 7, 1999 Page 69 Corrie: And I'll make sure that you get it Mr. Rountree. Rountree: Terrific. Corrie: I think the respect that you have for this office stinks. Rountree: It's well earned. Corrie: You think so? You really think so Mr. Rountree? Rountree: After what you agreed to last week — Corrie: I didn't agree to anything because I couldn't agree to it. The legal opinion to me was that. I'm sorry, Mr. Rountree, I don't agree with you. Rountree: Well I don't agree with you. Corrie: Well that's fine. Rountree: Thank you. Corrie: You're welcome. Bird: I move that we adjourn. Anderson: I will second that. Corrie: Motion made and second to adjourn. All in favor in say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:34 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR Meridian City Council September 7, 1999 Page 70 ATTEST: WILLIAM G. BERG, JR., CITY CLERK