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HomeMy WebLinkAbout2000 12-05Meridian City Council Meeting December 5, 2000 The regularly scheduled City Council Meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at on Tuesday, December 5, 2000. Members Present: Robert Corrie, Keith Bird, Tammy deWeerd, Cherie McCandless, Ron Anderson. Others Present: Bill Nichols, Shari Stiles, Gary Smith, Dave Bowman, Keith Borup, Will Berg. Corrie: I’ll open the regular City Council meeting on December 5, 2000, and ask Mr. Clerk to please call roll. Swearing in of City of Meridian Police Officers Corrie: I want to welcome everyone here this evening, and as you notice I got a threatening phone call today, so I need all the protection I can get up here. No, seriously these are officers that are being with the Meridian Police Department. We have some of the reserve officers as well the regular officers, and it is my privilege tonight to swear these gentlemen and young lady into the City of Meridian Police Department. (Ten Meridian Police Officers Sworn) Corrie: Thank you. I will have these signed tomorrow. You are now officially members of the Meridian Police Department. Congratulations. I am going to come down – So once again, congratulations and you are dismissed. Presentation to Linda DeHarro – National Night Out Corrie: Could I have Linda DeHarro come up here please? For everyone here, we had a National Night Out which was a first in the City of Meridian, and it was quite a feat to get everything done and the parade. We had one lady that’s in our community that worked especially hard in doing this, and I would like to acknowledge her tonight and we are going to have a plaque here for Linda DeHarro. It says, “Presented in appreciation for your contribution and service to the City of Meridian as a coordinator in Meridian’s First National Night Out. Who volunteered time and effort in promotion of this national event for crime, drug, and violence protection program is greatly appreciated by the citizens of the City of Meridian and this community. Presented by Meridian City Council”. Linda, thank you so much. Great Job. DeHarro: I just wanted to let everybody know that’s here, the City of Meridian and those to which it was our first time that we did get chosen. The only city in the state of Idaho to receive a recognition, a national award for our population from the National Association of Town Watch, and I received today to present to the Mayor, excuse the paint on my hands; I just came from teaching. I also received this award, “National Night Out America’s Night Out Against Crime National Award 2000 recognizing outstanding participation in America’s Night Out against crime. Presented by National Association of Town Watch to the City of Meridian, Idaho.” Congratulations. I just want to let you all know that I can promise you that National Night Out 2001 is going to be even better than National Night Out – the first one we were in and I will work just as hard for the City as I did for this one. Bird: Thank you, Linda. De Weerd: How appropriate to honor you, Linda, the same night we swear in our new officers. DeHarro: Thank you. Corrie: Also, I would like to welcome three boys from Troup No. 123 and Scout Master and also one boy from Troup 138 here tonight. Welcome fellows. I appreciate your participation. Item A. Approve minutes of November 21, 2000, Special Pre-Council Meeting Item B. Approve minutes of November 21, 2000, City Council Meeting Item C. Beer and Liquor 2001 Renewal: Meridian Bowling Lanes at 324 South Meridian Road Item D. Beer and Wine 2001 Renewal: JB’s Restaurant at 1565 Meridian Road Item E. Beer 2001 Renewal: Pizza Hut Restaurant at 675 South Progress Item F. Beer and Wine 2001 Renewal: Fred Meyer’s Store at 1850 East Fairview Avenue Item G. Beer and Wine 2001 Renewal: Ultra Touch Carwash at 835 East Fairview Avenue Item H. Beer and Liquor 2001 Renewal: Whitewater Saloon at 1646 North Meridian Road Item I. Beer and Wine 2001 Renewal: Jackson’s Food Stores No. 1 at 412 Fairview Avenue Item J. Beer and Wine 2001 Renewal: Jackson’s Food Stores No. 56 at 66 East State Street Item K. Beer and Wine 2001 Renewal: Jackson’s Food Stores No. 35 at 522 West Cherry Lane Item L. Beer and Wine 2001 Renewal: Jackson’s Food Stores No. 24 at 625 North Eagle Road Item M. Beer and Wine 2001 Renewal: Jackson’s Food Stores No. 11 at 1585 South Meridian Road Item N. Beer and Wine 2001 Renewal: Epi’s – A Basque Restaurant at 1115 South 1st Street Item O. Beer and Wine 2001 Renewal: Bill-N-Lynn’s Place at 229 W. Franklin Road Item P. Beer and Wine 2001 Renewal: Albertson’s No. 164 at 20 East Fairview Item Q. Beer and Wine 2001 Renewal: Albertson’s No. 180 at 3301 West Cherry Lane Item R. Agreement for hookup to City Sewer by Warren and Jeanie Pemberton at 940 South Mustang Drive Item S. Beer and Wine 2001 Renewal: Applebee’s at 1460 North Eagle Road Item T. Beer and Wine 2001 Renewal: El Tenampa at 729 East 1st Street Item V. Beer and Liquor 2001 Renewal: Fiesta Guadalajara at 704 East Fairview Avenue Item W. Approve bills Corrie: Council we have the Consent Agenda in front of you. Any questions, or corrections on that? Anderson: I have none. Bird: I have none. Corrie: Then I’ll entertain a motion to approve the Consent Agenda items. Anderson: Mayor. Corrie: Mr. Anderson Anderson: I would make a motion that we approve the Consent Agenda. McCandless: Second. Corrie: Okay, motion is made and seconded to approve the Consent Agenda. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 2. Ordinance No. 898: Landscape Ordinance by the City of Meridian: Corrie: Regular Agenda Item No. 2 is an ordinance for Landscape Ordinance by the City of Meridian. Mr. Clerk what ordinance would that number be? Berg: 898. Corrie: 898. Okay, Mr. Clerk would you read ordinance No. 898 by title-only at this point. Berg: Thank you, Mr. Mayor, members of the Council. Ordinance No. 898: An ordinance of the City of Meridian amending the following sections 11-12-3G1; 11-12-3L2; 11-12-3N4; to eliminate landscaping and to add 11-13-1G to eliminate the submission of parking landscaping plan; 11-13-4B3 to eliminate screening and landscaping of parking areas; 12-4-2E2 to eliminate site triangles; 12-4-7A to eliminate planning strip buffers between landscape uses; and add 11-13-4B1, 11-13-4B2 and 12-6-7 to add references to the new landscape ordinance; and at 12-4-3 to allow the pedestrian easement to 15 feet wide; and at 12-4-10 to add and additional paragraph pertaining to micro-paths regulations; and at 12-5-2K to allow the easements to be at least 15 feet; and at 12-6-8B1 to add landscape language that the buffering shall be as approved by the new Landscape Ordinance; and creating a new Chapter 13 of Title 12 to be known as Landscaping and to provide an effective date. Corrie: You have heard the reading of Ordinance No. 898. Is there anyone from the audience that would like to have the Ordinance read in it entirety? Okay, Council, I will entertain a motion on the Landscape Ordinance No. 898. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve Ordinance No. 898 and the attorney to draw up proper papers with the suspension rules. De Weerd: Second. Corrie: Motion has been made and second to approve Ordinance No. 898 with suspension rules and the Landscape Ordinance. Is there any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll call: McCandless, aye; Anderson, aye; De Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 3. Sign Ordinance: Corrie: Item No. 3 is an ordinance for the Sign Ordinance and that we are not quite ready yet, so I will entertain a motion to table that until the December 19, 2000, meeting. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to table the ordinance on the Sign Ordinance until December 19, 2000. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 4. Steiner Development and the City of Meridian Land Swap at the Lakes at Cherry Lane No. 8 and Cherry Lane Golf Course De Weerd: Mr. Mayor, I would like to excuse myself from Item No. 4. Corrie: All right. Item No. 4 is an Ordinance, and Mr. Clerk would that be No. 896? Is that correct? Berg: Yes. Corrie: That would be Ordinance No. 896, Steiner Development and City of Meridian Land Swap of the Lake of Cherry Lane No. 8 and Cherry Lane Golf Course. Mr. Nichols. Nichols: Mr. Mayor and members of the Council, some issues have come up since the last the public hearing was held. I don’t know if – Mr. Bradbury is here on the behalf of Steiner Development. I think one of the issues that has come up since that public hearing is whether there was ever any agreement to tile all of the Eight Mile Lateral that runs along that golf course property from – it’s near where the clubhouse is. The current – the status of the current matter is that there was a tentative agreement reached for which a written agreement was prepared which has not been signed by the City yet, but by prior motion of the Council to put before the Council for passage and approval this land exchange. The issue has come up with regard to whether there had been any prior commitments on part of Steiner Development Corporation to tile, or provide the tile, the pipe, if you will, for the Eight Mile Lateral beyond what they had covenant to provide in the current agreement. Steiner Development has executed the proposed agreement. The City has not yet, although Mr. Bradbury has provided to the Clerk the agreements that bear the Steiner Development signatures. So I don’t – in all fairness to Mr. Bradbury, this is a very late development which I talked to him a little bit about yesterday and then in greater detail today and this evening. I don’t know if he is prepared to address the issues or whether there is any additional commitments that Steiner Development has agreed to beyond what was in the proposed agreement or not or whether even Mr. Bradbury is prepared to address it. Corrie: Mr. Bradbury, would you like to address that now, or would you rather at a later time? We want to make sure everyone has time to go over this. Bradbury: Mr. Mayor, I can speak for a moment or two; I am not sure that I can resolve the issue tonight. I guess I should start probably by making sure that I understand the issue so that I talk about something that you all are interested in. I gather that the tenant, the golf course tenant, is concerned about the length of lateral that could be piped pursuant to this exchange agreement as presently proposed. And is I guess – and I spoke to Mr. Holloway for a moment just out in the hall, and I guess what they’re interested in having done is having the entire length of the Eight Mile Lateral through this area, and I am not even sure I can describe it more precisely than that except to say that I gather that some 500 or 600 feet worth of ditch that they would like to see put into a pipe. The cost of which, of course, would be significantly more than what Steiner Development has committed to in the agreement that has been presented to you and is considerably more than the difference in the values of the two properties which are proposed to be exchanged. I cannot tell you a precise number, but even if it’s just the pipe we are talking about, we have got to be talking about close to 30,000 dollars worth of pipe to go 600 feet. Now, I know I have been working on this thing now for 18 months or more and I know that there have been long periods of time where it has sat dormant and there hasn’t been any activity and there would be periods of time like know where we have done a lot or tried to do a lot. I do recall of having had a number of conversations and discussion and negotiations with various members of the City staff and representatives from the golf course including a meeting over there in the new building where we had about half dozen different people around the table. A lot of different proposals were made and a lot of requests were made, and the negotiations ebbed and flowed. I certainly would not want to argue to you that the people at the golf course had never requested that that amount of work be provided, but I can tell you that, at least to my knowledge, Steiner Development certainly never committed to doing any such thing. My instructions had been to try to figure out the value of the properties were, then equalize it. If it need to be equalized by offering to the City in amount of pipe, which is exactly what I did and is reflected in the proposal that I delivered to the City this last August, originally, and what the Council had for and approved in October. Tonight I cannot make you any kind of a commitment further or in addition or different than what is already before you; what has been proposed to you? I can say that it is more than a little discouraging after all this time and after we thought we’d come to an agreement to discover that perhaps now we’re looking at re-negotiating the deal. You need to understand that Steiner Development is, of course, spent a fair amount of money paying me to do my work. They have paid for the appraisals on the property which I think was somewhere around 1,000 dollars. They have committed to pay the title insurance cost for both, all the parcels, both sides of the transaction. I think that Steiner Development has done everything that it has been asked to do by the City; it’s a little disturbing that we may yet be backtracking on that. With that, I would be pleased to try to answer in questions that you may have. Bird: Mr. Mayor. Steve, I agree with you and we – I should say I just flat missed on the 152 feet. I had always been the understanding that it was going to be taken care of. I also believe that when you come up – when Steiner come in with the value of the lots, I don’t think it was quite as – I think their value was right now as the lot sit they are not worth hardly anything. Now when they get this land they jump up probably to 45,000- or 50,000-dollar lots. I think they were allowed at 27,000-dollar in the agreement exchange. Bradbury: You’re talking about the exchange parcels? Bird: Yes. Bradbury: I have the appraisal in my file. Bird: They’re appraised without this exchange, though. Bradbury: I think they are appraised in place. Bird: But, when you this exchange on them, they are not a real good lot without this exchange, and speaking for myself we made an agreement. Knowingly reading your agreement, I would hope that – like I’ve said I’ve always understood that whole thing was going to be it, but I just missed on the 152 feet. I certainly don’t want to see you have to go back and do a lot more work. I would hope that Steiner would – when you take a lot that’s worth x-amount of dollars and buy at exchange, probably double the value of the lot that should be tight. Bradbury: I couldn’t disagree with you. There is no question, but the value added is to – certainly different as a result. Bird: I just want you to understand that it was just our – we just missed on the 152 feet. I had always been told it was being tiled from here to here. I didn’t know how many feet it was. That was our fault. Corrie: Steve, did you get a copy of this? You may not have. Bird: It’s from Gary. Smith: Mr. Mayor, I do not believe that he has received that. Bradbury: Is there something in there that maybe I can respond to? Bird: Well, I think that is something that – Corrie: I’ll give you my copy. Well I think you should have a copy of that so you know what we are talking about so that you can take time to look at that, because there are some questions that did come up that Gary had that you were not at that point privy to. (Inaudible discussion amongst Council members) Bradbury: Actually I can respond to a certain extent. Because I did in fact have a copy of the earlier memorandum that Bill Gigray put together and I remember seeing the same thing. I remember seeing that 820 feet and, as a matter of fact, after Mr. Nichols and I spoke yesterday, I went back in my file and said, well, okay, let’s see what I can find in my notes, and I can remember seeing that and the reason that it caught my attention is because when I received this memo I immediately wrote a letter to Mr. Campbell and said here’s the memo and look they’re talking about piping 820 feet. Is that what you had in mind? Of course, I didn’t have a letter back but I had a telephone conversation back saying no, that’s not what we had in mind, and as I recollect the conversations it was I know that’s what Mr. Lovan would like to see, but that’s not what Steiner had – Steiner Development had envisioned. I say Steiner; Doug Campbell. Yes, I do remember seeing that, and, unfortunately, it gets into black and white like this and all the sudden seems to take on some more importance than what at least we thought it was. I guess, that’s more to my point of, yes, there were discussions in negotiations going back and forth, but I am certainly not aware of a commitment to pipe 825 feet of that ditch. Anderson: Was there any written communication on any of that negotiations going back and forth; I mean this is the only thing that I’ve seen. Bradbury: Yes, and looking through my file I would hope that I would find something as well, there isn’t. There are my notes of a meeting which took place, I am going to say – well I can’t remember exactly -- but it was about this time where I had all kinds of numbers written down about different distances that we might tile or potential values of the property and we were guessing at the time because we did not know how those properties would be appraised. So, the bottom line was always to try to equalize the values in some fashion. But, in terms of any written communications between myself and the City, there hadn’t been. Anderson: Comments on my part, Mr. Mayor. Based off this letter and then what was put in this last particular agreement it almost appears because of the length of time that’s gone on and the change of attorneys representing the City and stuff, yes, we should have been more cautious and should have read the numbers but I almost feel like we’ve been dealt kind of a slighted hand here, and I guess I just put that away in the memory bank for future, I guess. Bradbury: I sure hate for you have to feel that feel way. I certainly did not intend to try to trick the City in any regard. I sure hope that you are not feeling that way about -- well you obviously are because you just said it, and I am sorry you do because I certainly didn’t intend for that to happen. Corrie: Are there any other comments? Bird: Yes, I would like – if you’ve got those real quick I don’t remember I don’t have what the value of the lots were appraised at. I’ve got it, Steve. Thank you. Bradbury: I think I gave you a summary sheet when I was here before. Bird: Yes, you did. See they’re valuing those lots at $27,000 per acre. Bradbury: And I expect that’s an unimproved value that’s being placed on there. Bird: And that’s what we are – the thing I am looking at, Steve, is the fact that I don’t feel that this – I think this is what you are looking at existing now and it doesn’t bring in the true value of what those lots are going to sell for when this land swap is go. Like it is stated in our memo from Gary, that the one lot isn’t a lot, basically. Lot 57, Block 1, and Lot 1, and between that, Lot 26 without this land trade isn’t a buildable lot. How much – I don’t know how you value that or what the pipe-schedule value was based off of that. I would like to see Doug and Mr. Steiner come forward and maybe do that. I realized I for one we made this agreement. I’m going to live with it. That’s our fault for not realizing, not reading 152 feet and realizing that, and you guys went through enough work, but I would hope they would come back and say, you know, that Lot 26 is all the sudden not buildable, but all the sudden it a 45,000- or 50,000-dollar lot. Bradbury: There no question but that once you go from an unimproved value which the appraisals are based upon to a subdivision-lot value, obviously, the value is going to go up dramatically. Of course, to a large extent it’s as a result of the improvements that are made by the developer to make it a buildable lot. And of course we all know, developers are in it to profit. Bird: Well if they’re not they wouldn’t be in business, would be? Bradbury: That’s right. Corrie: Of course, in the same token the City has to look out for the City. Bradbury: Of course. Corrie: I agree with Mr. Bird I would like to have Doug to give us a run down on what his thoughts are. We could have it at the next meeting if you want to do that, then ask him questions or see what he wants to do. I think the Council will probably be a little more at ease once we get to talk to him and in the position in which you are in, you cannot answer those questions. Bradbury: You bet. Corrie: So if the Council agrees, we can table that until the next meeting and then we can also consult with the attorney as well. Mr. Nichols to you have anything to add? Nichols: Mayor, members of the Council, I need to apologize to Mr. Bradbury for not giving a copy of Gary Smith’s memo and I do that publicly. Corrie: I also apologize too. Bradbury: That’s perfectly fine. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I’ve got one question. Has Steiner and them signed the agreement. Bradbury: Yes, they have. The signed agreements were delivered to Mr. Berg yesterday, I believe. Corrie: Okay, we can either do this tonight or we can wait until the 19th. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Let me put out a thought, and this is strictly my feelings. They negotiated in true faith, and we did too, and we realize now the 152 feet wasn’t right, but we, as a Council, told these people (inaudible) this ordinance and they have signed it. This thing’s went on 18 months, 2 years. I would hope that if we would approve this an sign it that Steiner and Doug would come back and say without having to be done in a deal, I think that we’re not showing very good faith in agreements if we are to change it at this point because we did have public hearings, we had a Mayor and four Council people here that read this -- and boy I’ll be the first to stand up and take blame for missing the 152 feet. That’s too much to just being told they’re going to tile the whole thing. Instead of reading every word. So I for one am not for changing the agreement if we made agreement, if the other Council will agree with that. Anderson: Mr. Mayor Corrie: Mr. Anderson. Anderson: I agree with Councilman Bird, I am a man of my word, and that is what we negotiated and I am willing to live with that agreement and learn from our mistakes on that. I think that looking at this in hindsight, everyone says that yes we should have been a little more cautious, and we should have looked at that, and I think that the proposal that the Mayor made is workable. I still have every intention to sign this agreement if that’s what it comes to. I just feel like in this particular case that if Mr. Campbell wanted to come back and make some type of comments or anything else as far as what his feelings are, I would like to hear those before we do approve the agreement and that would mean tabling it for tonight, but I am like you Keith I have no problems if push came to shove this is the agreement that was hammered out, and I can live with that. Bird: I agree with exactly what you said Ron. I agree with the Mayor. I’d like to table – I just wanted put it out that hey this is the agreement. If they don’t feel like adding to it we’re going to live with because this is what we passed. I’m like you, Ron. If we passed it, then we’ve got to agree to it. I agree with you, I didn’t mean not to table it. I just wanted to say that hey this was the agreement – sure I would like to have Mr. Campbell come in and talk to us if he would like to, but this is the agreement. They have signed it, we agreed upon it, they don’t want to change it, and then we live with it. That’s my personal feeling. It must be yours, I hope its Cherie’s. Cherie can state it for herself. Corrie: Let the record show she is shaking her head yes. Okay, with that being said, Steve, I’ll ask for to table this to the 19th of December when we can hear comments from Mr. Campbell. Bird: It will stay Ordinance – Corrie: Do you want to change it at point? It won’t be an ordinance at this point. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we table Ordinance – Corrie: Just table the Item. Bird: -- the Land Swap Proposal with Steiner Development and the City of Meridian until December 19, 2000, so that Mr. Campbell can respond. McCandless: Second. Corrie: Motion made and seconded to table Item 4, the Land Swap at Cherry Lakes No. 8 and Cherry Lane Golf Course. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSTAINED Item 5. Ordinance No. 896: Planning and Zoning Commission Time and Place of Meeting Corrie: Item No. 5 will be Ordinance 896 – Planning and Zoning Commission Time and Place of Meeting. Where’s Tammy at? (Inaudible discussion amongst Council members) Corrie: Okay, Mr. Clerk, if you will read the Ordinance No. 896 by title-only, please. Berg: Thank Mr. Mayor. Member of the Council, Ordinance No. 896: An Ordinance by the City of Meridian amending Title 2, Chapter 4, Section 1 of the Meridian City Code Planning and Zoning Meetings Time and Place of regular meetings. The regular meeting of the Planning and Zoning Commission shall be held on the first and third Thursday of each month, and in the event of Planning and Zoning Meeting fall on a holiday, the meeting shall not be held on that Thursday, but shall be held on the following Thursday; and providing an effective date. Corrie: Okay, you have heard the reading of the Ordinance 896 by title-only. Is there anyone from audience that would like to have read in its entirety? What this is primarily is Planning and Zoning is going to have two regular meetings a month now on Thursdays. The first and third Thursdays to take up all the things their meetings – once a month we found was not enough. Hearing none, Council I will entertain a motion on Ordinance No. 896. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approved Ordinance No. 896 on Planning and Zoning Commission Time and Place of Meeting with suspension of rules. Bird: Second. Corrie: Motion made and seconded to approve Ordinance No. 896 Planning and Zoning Commission Time and Place of Meeting with suspension of rules. Any further discussion? None. Mr. Clerk roll-call, please. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Item 6. Ordinance No. 897: City Council Meeting Schedule Corrie: Item No. 6 will be Ordinance No. 897 as a City Council Meeting Schedule. Mr. Clerk if you would read that by title only at this point. Berg: Thank you, Mr. Mayor. Members of the Council, Ordinance No. 897: An Ordinance of the City of Meridian amending Title 1, Chapter 7, Section 5a of the Meridian City Code, Council meetings, time and place of Pre-Council and regular meetings; and providing time and place of Council meetings shall be at 6:30 p.m. on the night of any regular City Council meeting; the regular meetings shall be held on the first, third and forth Tuesdays; and the forth Tuesday shall contain no hearings or action on land-use applications; and the second Tuesday shall be a City Council workshop of each month; in the event a City Council meeting falls on a holiday or Tuesday in which a City or General Election is held, the meeting shall not be held on that Tuesday, but shall be held on the following Wednesday; and provide an effective date. Corrie: Thank you. Would anyone from the audience like to have Ordinance No. 897 read in its entirety? Hearing none, Council any motion? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve Ordinance No. 897, City Council Meeting Schedule with suspension of rules. Bird: Second. Corrie: Motion is made and seconded that we approve Ordinance No. 897 City Council Meeting Schedule with suspension of rules. Any further discussion? Hearing none. Mr. Clerk will you call roll, please. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Corrie: Then that will be starting our January meetings then? Berg: Yes, Mr. Mayor. Starting January 1st which will be the new year. January 2nd will start our Tuesday affairs. Corrie: So we will have our affairs on every Tuesday of the month. Anderson: Well we can go to the whole next year’s calendar and mark out Tuesday – black Tuesday. De Weerd: Except for the 5th. (inaudible discussion amongst Council members) Berg: Mr. Mayor. Corrie: Yes, Mr. Berg. Berg: Mr. Mayor, members of the Council, speaking of the 5th Tuesday of the month, it has been a request from the Planning and Zoning Commission to meet that 5th Tuesday for our joint meeting, just workshop. So that would take care of your Tuesday meetings, but that is something they have requested for quite sometime. Bird: How many months does that affect? Three? Four? Corrie: I do not know how many that would affect, but I do think it’s an excellent idea. We need to keep closer tabs on one another so we are at least working on the same football field. Four. All right, thank you. Item 7. Public Hearing: VAR 00-021 Request for a variance to place a 23’-3” by 10’ internally illuminated electric pylon sign in an undeveloped part of the industrial technical park by DBSI Industrial – NWC of Stoddard and Overland Roads: Corrie: Item No. 7 is a public hearing VAR 00-021; request for a variance to place a 23’-3” by 10’ internally illuminated electric pylon sign in an undeveloped part of the industrial technical park by DBSI Industrial, northwest of Stoddard and Overland Roads. At this time I will open the public hearing and will have staff comments first, please. Stiles: Mr. Mayor and Council, I am not sure they have a representative here tonight, but they have requested a pylon sign out on the freeway for Western Electronics and actually for the future technical park that they plan to develop out in the property they own here. The property is owned -- the parcel actually where Western Electronics is, is owned by DBSI where they’re proposing to put the freeway sign is still some sort of partnership with DBSI, but it is Meridian Freeway Associates. They have submitted a site plan, this is not in any way intended to be an approval of their site plan as they have shown it, but it is just a depiction of what they might be proposing in the future when they develop the rest of the property. The pylon sign would be located out – this would be the freeway, and since it is off-premise. That is the reason they have requested it. The sign they proposed will be in accordance with our new Sign Ordinance, and when they come in with the remainder of the development, it can be included in part of the sign program for the entire acreage there. Corrie: Thank you, Shari. Someone from the DBSI? They’re not here tonight? Okay. This is a public hearing I invite the public to testify. Is there anyone from the public who would like to testify in this request for variance? Okay. Council, do you have any questions from staff? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Before when we’ve looked at approving variances, we’ve also looked at how they are in their own development and looking at their CEPs and if they’re in compliance. Are they in compliance? Has the right-of-way issue been taken care of with ACHD? Stiles: The right-of-way for Overland Road, they were willing to dedicate that; however, Ada County Highway District was not willing to pay them what their appraised value was. They have told me all the improvements have been made to allow for a five-lane roadway at Overland. They have the appropriate landscape setback from the future right-of-way, but they are just not willing to dedicate it to ACHD at this time, if they are not willing to pay what they say the value is. It’s not going to go down in price though. De Weerd: Was that part of their condition? Stiles: We put it on the Certificate of Zoning Compliance that they needed to dedicate that. Usually we ask them to dedicate it and provide us recorded copy of the Warranty Deed prior to even processing their building permit. But ACHD assured us that they were in the process of getting that done and that is was going to take about thirty days. So in the interest of trying to help this Western Electronics and help them meet their schedule, we went ahead and processed the building permit, and it was only after that that we learned Ada County Highway District was not willing to pay them for their right-of-way. Nichols: Mayor, Shari, was this a Conditional Use Permit or was this a permitted use in that zone? Stiles: It was a permitted use in that zone. Nichols: So it wasn’t a Conditional Use Permit were additional exactions could be required. Stiles: No. Corrie: Any further questions? Bird: I have none, Mayor. Corrie: Okay, then I entertain a motion then that we close the public hearing. *** End of Side 1 *** Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the public hearing VAR 00-021 DBSI Industrial on the 10-foot electric pylon sign. Corrie: Do I hear a second? McCandless: Second. Corrie: Okay, motion made and second to close the public hearing on Item No. 7. Any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? I entertain a motion on the variance No. 00-021. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request for variance to place a 23’-3” x 10’ internally illuminated electric pylon sign in the underdeveloped part of the industrial technical park by DBSI Industrial, northwest Stoddard and Overland Roads and for the attorney to draw up the proper papers. De Weerd: Second. Corrie: Motion has been made and seconded to approve and request for variance No. 021 and the attorney to draw up the proper forms. Any further discussion? Roll-call vote, Mr. Berg. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Item 8. FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC – South of Ustick Road and West of Black Cat Road: Corrie: Item No. 8, they’ve asked to table that to the 19th of December for the final plat approval. Any further discussions? If not, I’ll entertain a motion to that effect. Anderson: Mr. Mayor, I’d made a motion that we table Item No. 8 the Final Plat Approval for Autumn Faire Subdivision No. 1 until December 19, 2000. Bird: Second. Corrie: Motion made and second to table Item No. 8 the Final Plat 020 until December 19, 2000. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 9. FP 00-021 Final Plat approval of 55 building lots and 7 other lots on 17.76 acres in an Ada County R4 zone for Edinburgh Place Subdivision by Bunderson-Smith, LLP – west of Eagle Road on McMillan (west of Austin Creek) Corrie: Item No. 9 is Final Plat approval of 55 building lots and 7 other lots on 17.76 acres in an Ada County R4 zone for Edinburgh Place Subdivision by Bunderson-Smith, LLP – west of Eagle Road on McMillan (west of Austin Creek). Staff comments. Stiles: Mr. Mayor and Council, you have our comments dated December 1, 2000. I have talked to the applicant’s representative, and they are in agreement with the comments. There is a little misunderstanding between us, and I’m not sure how to answer it. On one of the notes on Page 3, Item 13, the first note there, it’s kind of conflicting with some of the other notes, and we would just ask that that be coordinated with the Public Works Department. This is – for those of you who may need a refresher this would be the Vienna Wood Subdivision which was done in Ada County by Skyline Corporation. Edinburgh has initially come in with these 40 acres next to Austin Creek. This is our area of impact separating Boise and Meridian. They did come back in with 55 lots. They have expanded the tot lot, and they have also, on their own accord, come in with some additional landscaping as part of the collector into the subdivision. We would like to thank the applicant and his engineer for the thoroughness of their application and not trying to maximize the number of lots that they could cram into this area. It looks like they’ve got some nicely sized lots in there, and we really appreciate Mr. Smith’s attention to detail. We would recommend approval with staff conditions. Corrie: Thank you. Mr. Bunderson, Item No. 3 – 13. I’m sorry. I didn’t hear you. (inaudible) Okay, Page 3, Item 13. Do we have any – Thank you, Senator. Bunderson: Mr. Mayor and Council, it’s just an internal conflict between two requirements in there and we can reconcile the staff. Corrie: Just wanted to get in on record. Council have any question of staff? Bill? Nichols: Mr. Mayor and members of the Council, I would just request since we draw up some additional paper work that whatever is worked out is a supplemental staff report which we will then attach with this one so that we’ve got it all squared up. So we just need to have whatever this reconciliation of the conflicting provisions is done; so that we can have it attached as an additional document. Corrie: Any other questions, discussion? I will entertain a motion then on a final plat approval of No. 00-021. Bird: Mr. Mayor, I would move that we approve the final plat approval for 55 building lots and 7 other lots on 17.76 acres in an Ada County R4 zone for Edinburgh Place by Bunderson-Smith, LLP, west of Eagle Road on McMillan west of Austin Creek with staff comments and for the attorney to draw up the proper papers. De Weerd: Second. Corrie: Okay, motion has been made and second to approve the final plat of 00-021 with the supplemental staff report attached and the attorney to draw up the proper forms. Any further discussion? Hearing none. Roll-call vote Mr. Berg. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Item 10. Final Plat Time Extension: Request by Glenn Johnson Homes for a time extension for the signing and recording of final plat for Hartford Subdivision – northeast corner of East Ustick Road and North Ten Mile Road: Corrie: Item No. 10 the Final Plat Time Extension. This was supposed to a public hearing on a variance, so we asked that be tabled to January 2, 2001. With that objection, the Council will obtain a motion in that affect. Bird: Mr. Mayor Corrie: Mr. Bird. Bird: I move that we table Item No. 10 Final Plat Time Extension and change it to a public hearing until January 2, 2001. Anderson: Second. Corrie: Okay, motion made and second to stand Item No. 10 to a public hearing on a variance till January 2, 2001. Any further discussion? Hearing none. All those in favor of the vote say aye. MOTION CARRIED: ALL AYES. Item 11. Request by DBSI for approval of a private road “South Tech Place”: Corrie: Item No. 11 is a request by DBSI for approval of a private road “South Tech Place.” This, I believe, you’re on Shari on this one. Stiles: Mr. Mayor and Council, I apologize for the information not getting into your packets. We’ve kind of had an eleventh-hour request from Western Electronics that they be allowed to have a private road because they want their address to be off of that private road, and in order to get approved for a private road that needs to go to the City Council for approval. They have already built this roadway; they’ve built it to Ada County Highway District standards and had Strata Engineering to do the testing for them. They could have had their address be on Overland Road, but they would prefer to take their address off this private road that will be known as South Tech Place. The reason for the short time-frame is because they are trying to move in during the Christmas vacation, and they would like to get their letterhead and their business cards and such ordered and on-line when they are moving. So, I would recommend that they approved to have a private road known as South Tech Place for the Western Electronics DBSI site. Corrie: Any questions of Shari? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I’d like Mr. Nichols, if he wouldn’t mind, to give us some pit-falls that can happen on private roads. Nichols: Mr. Mayor, Councilman Bird, and members of the Council, I guess what I’m looking at maybe a question for Shari would be a way to get at that. We’ve had some problems with private roads as far as kind of creating a de-facto subdivision. How does this one differ from those like we were addressing last week with another developer to try to avoid the private road creating an additional parcel and that sort of thing; how does this one differ from that situation? Stiles: In this case, the site where Western Electronics is currently is already a lot-of-record. They are not creating a new lot by basically sub-dividing it with this road. The road I am not sure if it goes all the way back to the freeway at the point, but they are aware that they do not have additional building permits available to the site, and that they will need to come in either through a sub-division process or conditional use process in order to get future building permits. Nichols: So it’s not like some of the situations we’ve seen before where the developer goes in and tries to create a private road and – Stiles: Create lots. See, for example, if they’d come in and said they have this lot here, and they want to create a private road right through the middle of it, which in essence which just give them two lots, this is a little different situation in that it’s just bordering a side of an existing parcel and not bisecting a parcel into two or more lots. Nichols: I guess I am confused. I’m looking at the boundary there, is that one lot of record or is the only lot of record where the existing Western Electronics building is? Stiles: You kind of have to ignore all these other building that they’ve shown on here; none of that is approved. The only thing that they’ve built – I think they’ve only built a portion of this roadway, and this would be the private lane. I don’t believe they’re proposing it to go all the way here until they come back in with a subdivision and plat it and get it recorded to make legal lots. The difference in the one that we were looking at before was actually going right down the middle of an existing lot-of-record, and it wasn’t a private lane they were proposing. They were actually dedicating it to Ada County Highway District as a public road. Nichols: So if I understand you correctly, if they go to build the next building to the north, they would have to come in and sub-divide that property to put in that other building; that next building up – the rectangular one. Stiles: They have some kind of strange parcels that goes up about like this – but I don’t believe that’s a legal lot, and they understand that they don’t have any more legal lots to build on out there and they will have to come back in through some entitlement process to get building permits for those other lots. This whole thing here would be another lot. All of this is just one lot. They’ve done something for some reason to break off a lot here, but I don’t believe that one was done legally. So they don’t have any legal lots remaining. Nichols: I guess what I am asking, Shari, in other words, if they come back in tomorrow and say, we want to put a 40,000-square foot warehouse north of the one that we just built or that just built, they’re not going to get that building permit because they not have a lot-of-record to put it on. Stiles: Right. They don’t have a legal lot-of-record. Corrie: Is legal counsel okay with that? Nichols: Yes, Mayor and members of the Council. I just know that Shari’s been a death on private roads, and so I wanted to make sure that I understood why this one was okay. Stiles: I am not death on private roads as long as they are approved; I am death on the Highway District accepting dedications of public roads that’s actually a conveyance of property. Nichols: I sit corrected. Corrie: Also let the record show that the Mayor had a conversation with Shari this morning, and I’d be happy to discuss with the Council afterwards about adding things on that you haven’t gotten by Friday, but this – Bird: And I appreciate that Mayor, and that’s something that we had discussed, and I appreciate that. Corrie: And it won’t happen again, right, Shari? Stiles: Right. Bird: Thank you. Corrie: All right Council, you have heard the request by Planning and Zoning Director. How do you want to proceed? Bird: Mr. Mayor, I’ve got one question though. I guess I’m not as clear as the legal counsel. I can’t figure out what’s the difference between this private road and the private road out behind RC Wiley’s. Stiles: That’s behind RC Wiley’s? Bird: Or one that’s going off that or whatever the one out there to the east. What is the difference? Stiles: They were proposing the private road. They came in and asked for a private road, and then they were turning around and dedicating it to the Highway District. Bird: Okay, you answered my question. Okay. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just a comment before we make a motion to vote on this, but I, too, would like to voice my concern about private roads. I think they can work in some industrial settings like this commercial settings, but I am opposed to them especially when we get into residential areas because we have some real maintenance headaches and things like that and trying to keep them up. So, I’ll throw in my two cents’ worth on that. (inaudible discussion amongst Council members) Corrie: Any other discussion? Then I’ll entertain a motion on the request. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request by DBSI for approval on the private road known as South Tech Place off of Overland Road with staff comments and attorney to draw up the proper papers. De Weerd: Second. Corrie: Okay, motion made and seconded to approve the request by DBSI of the private road, South Tech Place, and the attorney to draw up the proper papers. Any further discussion? Mr. Berg, roll-call vote, please. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Item 12. Department Reports: B. City Engineer – Gary Smith: Request to hook up to City Sewer by Dianna Williamson – 2440 South Locust Grove Road: Corrie: Department Reports, first is Gary Smith. Gary. Smith: First item is a request for Dianna Williamson at 2440 South Locust Grove Road for connect to sewer. She has a failing septic tank. I believe that Shari has had some conversations with Ada County concerning the use of this property, so I will let her address you on this issue. Stiles: Mr. Mayor and Council, I did talk to Ada County. They had no record of anything happening out here as far as the apartments were concerned, but I did get with Dianna Williamson, and she was able to give a little more history of what has happened with that site. Apparently, building permits were not needed out in the County when they converted the old school house into apartments. They did need, apparently, electrical and plumbing permits but actually building permits were not procured for the site to change it into apartments. I have talked with Dianna Williamson and told her that due to the fact out Comprehensive Plan shows that as single-family residential, her request for annexation would need to comply with our single-family zone, and she would need to request and R4, at most an R8, and that there would be no expansion of the non-conforming use permitted. She is willing to get annexed to the City and seemed to understand about the agreement. We did fax an agreement to her today, an example agreement, of the annexation agreement in order to hook up to City services. Upon her agreement to annex into the City, the City could agree to hook her up just like every other request we’ve had. Corrie: So you two are recommending the annexation. Smith: Yes, sir. That would be the Public Works recommendation upon their agreement to annex we would agree to – or we would recommend to you to approve their connection to the City sewer. Corrie: As a four-plex Smith: Yes. Anderson: In R-8 then, right. R-8? Stiles: It wouldn’t actually comply with R-4 or R-8. Those are single-family residential zones. It should have to go clear up to a R-15 or R-40 to actually be approved for apartments, but she understands that there will be no expansion. She can continue the use, but just can’t expand on it. Bird: Grandfathered in? Stiles: Yes. Bird: As long as there is no expansion? Stiles: Right. Corrie: Mr. Bird. Bird: Mr. Mayor, I move that we approve the request for hook-up to City sewer by Dianna Williamson at 2440 South Locust Grove Road upon annexation to the City and fees as applicable. Anderson: Second. Corrie: Okay, motion made and seconded to approve the request to hook up to City sewer by Dianna Williamson be approved with the conditions set forth in motion. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 2. WWTP Trunk Sewer Extension (Headworks) Change Order No. 1 Smith: Thank you, Mayor and Council. Second item I have is Change Order No. 1 for the WasteWater Treatment Plant Trunk Sewer Extension Headwork Project. This is a Change Order to the existing contract with JC Constructors who is doing the work. The attached – there is a memo that is attached to the packet for Change Order No. 1 to JUB Engineers; consists of four items that are part of this Change Order, and if you like I can go through each of these Items, but they are all approved as far as the Public Works Department is concerned, and we would recommend City Council approval of the Change Order No. 1 in the amount of $5,119.43. If you have any questions I would be happy to answer them. Bird: I have none, Mayor. Corrie: Are there any other question? If there are none. Entertain motion on request. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Change Order Request No. 1 by JC Constructors for four separate items. The change order amount of $5,119.43 for the Trunk Sewer Extension. McCandless: Second. Corrie: Motion has been made and seconded to approve the request the Change Order No. 1 in the amount of $5,119.43. Is there any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 3. WWTP Trunk Sewer Extension (Headworks) Change Order No. 2 Smith: Second item is Change Order No. 2 on this same project. This change order is a sizable change order, and it is for the construction of a septic receiving station that would be added to the existing contract to JC Constructors who is doing the headworks project. There is a detailed construction estimate that is attached to your packet prepared by JUB Engineers which was done to substantiate the bid price from JC Constructors of $32,000. J-U-B's independent analysis of the cost is $28,846, so there’s a little over $3,000 difference between the two, which we felt was acceptable. This construction of the septic receiving station was not done at the time the headworks project was being bid because of the time constraints we were under. So, it’s being submitted to you as a change order as part of JC Constructors project because is need to be relocated due to the head works construction. You’re probably not familiar with the location of it, it’s just to the north and a little bit east of the headworks as it exist right now – or did exist as I should say. So Public Works Department would recommend your approval of the Change Order No. 2 and not to exceed amount of $32,000. Corrie: Questions? Bird: I have none. Corrie: We’ll entertain a motion on the request. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve Change Order No. 2 with JC Constructors for the Trunk Sewer Extension for not to exceed the amount of $32,000. Anderson: Second. Corrie: Motion made and seconded to approve the request for Change Order No. 2 not to exceed the amount of $32,000. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 4. Cooperative Agreement between Idaho Transportation Department and the City of Meridian and Ada County Highway District Smith: Thank you, Mr. Mayor and Council. Last item I have is the Cooperative Agreement that was given to me Friday between – for the Locust Grove Roadway Overpass Project. This Cooperative Agreement is between Idaho Transportation Department, City of Meridian and Ada County Highway District. It’s a relatively short agreement that contains a lot of money in it. Hopefully, you’ve all had a chance to read this. If you have any questions, I’ll try to answer them although this was prepared by IDT. I guess the one that on Page 2, Section 2 outlines what the City’s responsibilities are or at least what they are proposed to be. Paragraph Item No. 1 is the financial obligations; Item No. 2 is the Indemnification Clause which is contained in all three portions of this agreement. Bird: Mr. Mayor Corrie: Mr. Bird. Bird: That wording is not right on that 1.8 million dollars. We said we would pay up to 1.8. In other words if they got that right-of-way for 1.2, we’re not going to pay 1.8. The agreement was up to 1.8, not 1.8 period, as I understand it, as I remember it. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I have missed the last several meetings you guys have had with Ada County Highway District, so I guess I haven’t been real privy to some of these conversations that have gone on, and I guess I would like to discuss this a little bit at Council Workshop, but I would to discuss where we plan on getting the funds to do this from and some of those things before we enter into this agreement. Corrie: Gary, was the right-of-way of purchase going to be 1.2 million? Is that what they said? Smith: I don’t believe I have ever heard a figure, Mr. Mayor. I just recall Jay Switzer from ACHD stating that he thought all the right-of-way could be purchased for 1.8 million that that would be an adequate amount. I don’t recall anything definitive about that amount, though. Bird: No, Mayor that was me who throw that out. I just said was what we had stated over there, and Councilman Anderson was there that day that’s been almost a year ago when this came up, was we would pay up to 1.8 million to help purchase right-of-way. We didn’t say we would pay 1.8 million because we stated right there, that you know if it was under that, we weren’t going to pay it, and if we could get any donated that was going to come off ours. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I know this was also brought in our workshop last week was who will be managing this and are we actively talking to the residents in seeking that right-of-way, and I agree with Councilman Anderson. I have no idea how we are going to pay for this. Right now with our mill levy decreasing every year and our services are behind, how on earth are we coming to come up with 1.8 million dollars? Unless we are out there trying to get the right-of-way donated, and if we are then we really need to be kicking into gear and talking to these people. Corrie: Gary, the right-of-way was going to be done by ACHD. They are the expertise in this. Smith: That’s correct. Corrie: Not us. Smith: That’s correct. They were going to negotiate for the purchase of the right-of-way. There was some conversation at one of the meetings that we had with the Highway District concerning this project about the City of Meridian contacting property owners for donation of right-of-way, that’s true, but the Highway District is to be the negotiator in purchasing of right-of-way. De Weerd: Then we better be getting our kneepads on and start contacting the residents and see if we can get some donations. Anderson: When did they want this? Smith: They wanted it back as soon as possible they said. (inaudible discussion amongst Council members) Nichols: Mr. Mayor. Corrie: Who is this? Bill? Nichols: Yes. Mr. Mayor and members of the Council, if I can interject here, too. I think another issue is particularly if the City’s commitment is up to 1.8 million dollars, I would prefer to see the language worded, such that, the City would segregate the 1.8 million dollars and provide those funds when requested on a draw basis from ACHD for the purchase of right-of-way so that the City maintains the interest income on those funds. The act of segregation of those funds into a separate account would show ACHD that the funds were there that they were available for use on right-of-way so that when they struck a deal with the land owner they could submit their request to the City Treasure and then could have the funds drawn out of those and the City Treasurer could also coordinate with the right-of-way agent with regard to anticipated cash flow requirements, but that way the City gets the interest. As the way this is worded, ACHD gets the interest starting October 1. Bird: I think the Mayor had stated that to them at that exact same thing. Another thing, our legal counsel has not had a chance to look this over. He just didn’t get it same time we did. Corrie: Well I think the statement that our City Attorney pretty well describes my feelings about this is that definitely the money should be given as needed rather than dumping 1.8 million of that into – it doesn’t even cost that. I would suggest that we go back at least to tell them that our attorney needs to look this over and perhaps even re-write some of it for them, and we will discuss this if the Council approval on the second Tuesday of January of 2001. So that we make sure that we’ve got all our people together on this, I think we really did commit ourselves to doing that, but whether it was that full amount at one time is not what I thought so I think we do need to discuss it. If that is agreeable to everyone here that we will put that on the agenda – Mr. President if you would put that on the agenda on that second Tuesday that we can discuss it. Bird: For the workshop? Corrie: For the workshop -- Bird: All right let’s do her -- Corrie: And then discuss even amongst ourselves. Bird: Mr. Clerk wants something. Corrie: Mr. Berg. Berg: Thank you, Mr. Mayor and members of the Council, I have been talking with ACHD with our quarterly meetings. One is set up or would have been setup for January 1st and it has been switch to January 8th at noon which would be just before your workshop which I guess you could get some feed back from them at that meeting if you need to discuss or reiterate your feelings on which was said. So, just so you have some timing there if you want to discuss that we can put it on the agenda for that lunch workshop. Corrie: That’s here? Are we having it here? Berg: I don’t know for sure where it’s at. We’re just trying to get open dates for them. Corrie: I definitely want to talk to some of the Commissioners before that meeting, too. Does Council want to have that meeting here, at noon; we’d host it? Bird: I would like to. Corrie: Okay, let host it here. Tell them we’ll do it at noon here. City Clerk – Will Berg: 1. Request by Jeff Manship to discuss Tremont Place Subdivision Development Agreement Corrie: Then the last item we have here is Will Berg’s request by Jeff Manship to discuss Tremont Place Subdivision Development Agreement. Will. Berg: Thank you Mr. Mayor and members of the Council, I don’t know if this is necessarily a department report from me, but I received a letter from Jeff Manship that he requested to discuss with the Council change in the Development Agreement for Tremont Place. He wanted the opportunity to speak to you and it was easiest to just added to my department report, but it’s really just an item for discussion. You did receive a letter in your packets kind of describing the discussion issue that Jeff would like to present. Corrie: Jeff. Manship: Mr. Mayor and members of the Council, Jeff Manship, Pinnacle Engineers. I represent Mike Coleman of Luna Vista Incorporated. Basically what Mike is asking for is an amendment to the Development Agreement. He would like to phase his project and basically construct all the lots north of the Nine Mile Drain first. Get them recorded so that he can sell lots and then as soon as they are recorded work on the south half and this is due to weather conditions in the upcoming winter months. I talked to Shari Stiles before this meeting, and she is concerned about Nine Mile Drain. I talked to John Carpenter tonight, and he said that Nampa Meridian has delivered pipe out to the site, and they are going to start working on that culvert – Stiles: For the lateral? Manship: Right, so they are making progress on that. That’s kind of a run-down on it. I believe Item No. 14 of the Development Agreement states that this can be done if we entered into an Addendum Agreement stating when the improvements would be completed and so on and so forth. I don’t know if you have a copy of the Development Agreement in front of you or if – I have one here. Questions? Stiles: Mr. Mayor and Council, I guess to just kind of clarify what I was concerned about was the Rutledge Lateral that’s on the southern boundary here, and because of the phasing of the project if they were to come in and say they were to decide they wanted to develop this in the springtime, if the water were already in that ditch they wouldn’t be able to get building permits for any of these lots here. I just wanted them to be aware of. The way that the Development Agreement is written is that they have to bond for all the improvements which I assume they did as part the City Engineers signature on the plat. That would also include the pathway along the Nine Mile Drain. The Nine Mile Drain will not be piped. It will be left open and be developed as a pathway along this portion, and I don’t have any objections to them phasing that project as they have discussed as long as they are aware that all of the improvements will need to be completed for the entire subdivision in order for occupancies to be – in order for them to received occupancy for any of these buildings south of Nine Mile Creek. (inaudible) But I believe if they could amend their Development Agreement to just – it would cover Broadway Avenue and all the street improvements within this section of the subdivision. If they were allowed to phase it and amend their Development Agreement to permit that phasing, then could actually get occupancies on these lots; they just couldn’t get any building permits for the remainder of it until the other improvements are completed. Manship: That’s our intentions. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: What was the pipe you were talking about then, Jeff? That you said Nampa and Meridian dropped off, are they paying for the pipe on the Rutledge Lateral or what? Manship: That’s something I am going to have to look into to. Shari mentioned that tonight when we talked briefly. Was that for the Rutledge Lateral or the Nine Mile Drain? Stiles: The Nine Mile Drain is to remain open; the Rutledge Lateral is to be piped. Manship: Okay, it was for the Rutledge. Anderson: Nampa and Meridian is paying for that pipe? Stiles: Usually the applicant will pay for the pipe and then they’ll do the labor. Manship: I had my laterals and drainages mixed there. Sorry. Please excuse me. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor and members of the Council, if we are going to do an amendment, or actually and addendum, as the way I would put it to this Development Agreement. It would be helpful if Mr. Manship could work out with Shari or whoever designated on her staff and say what’s in Phase 1, what has to be done before there’s any occupancy permits or building permits or something, whatever the deal is on Phase 1; what’s in Phase 2 so that we put that in the addendum sets out what’s to be completed and what isn’t before those first lots can be sold in terms of street improvements and these other things so there is a real clear understanding of what they have to do, and it will help me put it together. Stiles: So then the actual addendum would come back before the Council and they would approve and addendum? Nichols: I believe. Mayor and members of the Council, Shari, if I heard Mr. Manship’s reading of that provision correctly it requires an addendum to that agreement rather than amending the agreements. So, it would be something that would be signed by the Mayor and attested by the Clerk and then signed by the applicant. Stiles: Thank you. Corrie: So they would bring it back to us on the 19th? Nichols: That’s fine. Corrie: With that I move to the agenda has been completed. So I’ll entertain a motion to adjourn. Bird: What a minute. We’ve got to make a motion on that. Corrie: That’s what I said; I would here a motion on it. Nichols: Mr. Mayor, you get done with this action item, and I just have an information item, and then I’ll be quiet. Corrie: Then why don’t we do that before we close then. Go ahead. Nichols: Well, I think maybe you want us to go ahead on this – my question, Mayor and members of the Council, do you want us to go ahead a proceed with the Addendum for Mr. Manship and his client? Corrie: Yes, go ahead and bring it back to us. That was my understanding. Nichols: The information item that I have is at the workshop the Council asked that we look into the issue of what it would take to raise up to the .004 mill levy. I contacted the League of Oregon City – see that you hear I am going back to my prior wife – the AIC, and Mr. Harward furnished us with some examples of what some others cities have done as well as a memo that lays out procedures, and I have a copy for each of you and a copy of for Mr. Berg. Bird: Thank you. We will put this on the workshop for the second Tuesday in January. Corrie: Mr. Berg. Berg: Thank you, Mr. Mayor and Council. I just wanted to confirm that we weren’t going to have a workshop or anything on the 26th; correct? McCandless: Correct. Bird: Correct. Berg: Secondly, just to remind you of the information that I copied and put in your boxes concerning AIC Legislative Committee that the Mayor and I went to that had a run-down on all the different issues that the Legislative Committee talked about and supported and to discuss further that make sure you review those and keep abreast to the situation because it will probably be an interesting legislative session. Corrie: Should be. Berg: Thank you, Mr. Mayor. Corrie: Is there anyone that would like to volunteer as an alternate for the Transportation Committee before I tell you who it is? (inaudible discussion amongst Council members) Corrie: Cherie would you like to volunteer? McCandless: Not particularly. Corrie: I know Tammy will. De Weerd: No. Corrie: I guarantee they only meet at two o’clock in the morning, so it will be right down -- De Weerd: Only if you promise. Corrie: Okay, I’ll entertain a motion for adjournment. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR WILLIAM G. BERG, JR., CITY CLERK