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HomeMy WebLinkAbout2000 05-02 PreMeridian City Pre-Council Meeting May 2, 2000 The Special Pre-Council meeting of the Meridian City Council was called to order at 6:30 p.m. on Tuesday, May 2, 2000, by Mayor Robert D. Corrie. Members present: Robert Corrie, Cherie McCandless, Ron Anderson, Tammy deWeerd, Keith Bird. Others Present: Shari Stiles, Gary Benoit, Tom Kuntz, Bill Gordon, Bill Nichols, Will Berg. Corrie: Okay, I’ll open the Pre-Council meeting and invite Council to discuss any items that they would like to discuss. Take off, put on, staff comments. Item A. Approve minutes of April 18, 2000, Special City Pre-Council Meeting: Item B. Approve minutes of April 18, 2000, City Council Meeting: Bird: Mr. Mayor, on the Consent Agenda, we’ll have to pull the A , B, and I think I’ve seen the C. Have you guys got the C? The minutes? I have them. The fourth one we had. I’d like to ask staff if any of these Findings of Facts and Conclusions of Law or anything – are there any problems on the Consent Agenda with any of it including Mr. Attorney. Corrie: Okay. Let’s start with staff. Any comments on any of these? Item D. Tabled from April 18, 2000: Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig – east of St. Luke’s between Franklin Road and Interstate 84: Stiles: I had some questions on D. We tabled that last time because the Development Agreement and Ordinance had not been done. We still don’t have those, apparently. Bird: Which one’s that, Shari? Stiles: Item D. Corrie: Touchmark? Stiles: Yes. Corrie: We don’t have the Development Agreement yet? Stiles: I haven’t seen a signed one, and it’s not annexed yet. Nichols: Mr. Mayor, Steve Bradbury, the attorney for the applicant called me today and said he was going to try to see if he could find somebody to be able to sign the Development Agreement and fax the signature page to the City, and that apparently didn’t come in today. So we need to move that off to the 16th. Bird: Table it to the 16th? Okay. Item E. Tabled from April 18, 2000: Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear Creek Subdivision – 326 single-family lots on 150.79 acres by Bear Creek, LLC – east of Stoddard Road and south of Overland: Corrie: Shari, another? Stiles: Item E also required a Development Agreement and an Ordinance. Those have not been on the agenda yet. Bird: Bear Creek. Corrie: Okay. You need to table that one, then. Stiles: Unless Will knows of some – Nichols: I think those things have been done and they’ve been sent over, haven’t they, Will? Berg: I couldn’t – Nichols: The only thing I hesitate about is the Ordinance. I’m pretty sure the Development Agreement went along with the Findings of Fact. Berg: We have not received a signed Development Agreement, so as far as I’m concerned, we don’t have a Development Agreement yet. I believe we’ve sent them to the applicants. Item I. Water and Sewer Hookup Agreement for Opal C. Farrington: Corrie: Gary, has that Item I, water and sewer hookup agreement with Opal Farrington been signed? Will? Berg: Mr. Mayor, members of the Council, no it has not. They’ve had some questions about one of the lines in there that requires a double hook-up fee. Corrie: So that needs to be tabled as well, Gary? Berg: There is some discussion. Smith: Mr. Mayor, members of the Council, the double – I missed that when I reviewed it. But the double connection fee isn’t part of our Ordinance any longer. It used to be. So it could be approved subject to changing that particular item. Nichols: Except typically we wait until the applicant has signed the agreement then the Council ratifies that by having it on the Consent Agenda. So if they – we’ll need to revise that agreement, have them sign it and have the Council act on it. Corrie: Okay. That’s for Item I. Bird: So we’ll need to table that to the 16th? Corrie: Yeah. How about Item J? Anderson: Is there any urgency to that hook-up? Smith: There is a little bit. Mrs. Farrington has had, according to her granddaughter this morning, has had a heart attack, and so they are moving their schedule to locate the granddaughter, adjacent to her home for care purposes. I don’t know exactly what that means in terms of time, but she – when I talked to her this morning, she was in the process of getting information from me so that she could get some bids to put the service lines in place. So she sounded like – I don’t know what tabling it to the 16th would do for them in terms of going forward. You’ve already approved, I believe, the connection, and it’s just a matter of getting the agreement signed. Nichols: Mr. Mayor, if there’s a specific concern, what we could do then is pull this off, put it at the head of the regular agenda, have the Council approve it with that change, and it would be subject to them signing it and the Mayor and Clerk attest. We could do that this one time rather than have it on the Consent Agenda if that’s your pleasure. Corrie: Will. Berg: Mr. Mayor, members of the Council, talking to the granddaughter, she expressed more of an urgency before. On the memo that I received from the attorney, it was kind of backwards to the way I usually do agreements. Usually we have the applicant sign the agreements before I put them on the agenda, but it said the other way around. I thought it was something different. So that’s why it’s on the agenda. But she is in agreement with the agreement except for the double hook-up fees which she interpreted at the meeting that that wasn’t going to be the case. She has already applied for annexation yesterday with the Planning and Zoning Department, so she’s committed to her obligation that she agreed to in the meeting. Just because of her situation, she seemed to be in full agreement with the agreement except for that wording of the double hook-up fees. Bird: Mr. Mayor, is that okay if we move that to 1a, then? Item J. Water and Sewer Line Crossing Agreement for Vienna Woods Subdivision: Corrie: Yeah, if you want to. How about the J? Has that been signed? Vienna Woods Subdivision, the agreement? Smith: Mr. Mayor and Council members, that has been revised in accordance with the City Attorney’s request for some changes, and it came back from the District’s attorney, Settler’s Irrigation District’s attorney, with those corrections made, and I just forwarded that onto Will for your signature and approval. That’s been reviewed by Mr. Nichols. Corrie: So that’s okay? All right. Nichols: Yes, I have approved the form, Mayor and Council. Corrie: Bill, did you get that Empire Computer Consultant (inaudible) was kind of thick, but do you have any comments on that one and (inaudible) Council’s agenda? Nichols: Mayor and members of the Council, I reviewed the agreement. I think there’s some things that I want to address. What it might be appropriate to do is to bring up to the Council the concept, the total dollars that are proposed for that website design, have them approve that subject to us working out the details on the contract itself which would then have to be on a Consent Agenda at a future meeting for approval. There are just a couple of things. It looks to me like they took an agreement from someplace else, ran it through a scanner and not everything applies to this particular situation. There’s at least one inconsistency in the terms of the agreement between the cover page on the proposed costs and the body of the contract which talks about an amount of cost. I can show you those if we get done with Pre-Council before our regular Council meeting, I can kind of go through and show you some of those items. Corrie: Okay. The original one that they gave me yesterday had that on the $24,000 and their part was $7,000. I told them that they had told us that they were willing to do half of that labor on their part, so he had to go back and make sure that that was done right. Nichols: But there was another part of the agreement that talks about $15,000 total and doesn’t really match up with the other part. There are other – the other issue is I understood the City was going to some kind of a global license for the access software through the Treasurer’s Office, and there’s five access licenses included in this proposal with regard to the website, and it may be that those are already taken care of through what Janice is doing in the Treasurer’s Department, so that may have to come out. Corrie: Okay. So what do you want us to do now? Just – Nichols: Mayor and members of the Council, my suggestion would be that you have Council discuss and approve if they wish the concept of using this consultant, personal services contract, for the web page, and secondly, that they approve a contract amount not to exceed x-number of dollars as per the proposal, and then we can work on the language of the contract if that’s the Council’s pleasure. Corrie: So we’re talking about (inaudible) what they have here? Nichols: That’s right. Corrie: Any questions from Council? Bird: Which item is that, Mayor? Corrie: It’s not an item. I need to put it on in her place or – discuss it if you want. Bird: Is it $15,000 that they’re – Corrie: $18,000. After they got the software (inaudible) talking about some of the software and the license or something may be a difference there. I don’t know. But it was $18,883 – the first one that came in to me was $21,000. I said wait a minute. You were taking half, and that’s what they did here, and, of course, the software is ours anyway. Anderson: Do we have any other quotes? Corrie: No, other than they – (inaudible) $12,000 (inaudible). Anderson: I don’t know whether that’s a good price or not. deWeerd: Did it go out? How did it go out? Corrie: He just made a proposal to us and said he’d take half of it (inaudible) so I said, okay, I’d bring it to Council to see if you wanted us to tell him to bring us a quote, so I did and he did and there it is. Anderson: If it’s under $25,000 you don’t have to do a formal bid, but we might get a couple prices. (inaudible discussion amongst Council members) deWeerd: We should have something to judge it by. Anderson: Is there a formal bid on something like that? (inaudible discussion amongst Council members) Nichols: The only thing that I would say, Mayor and Council, is that there are lots of web designers out there. But this is kind of like hiring an architect. You don’t have to necessarily put it out for bid, and actually writing the specifications for a proposal that would go out so that you could compare apples to apples – I mean, that would take some doing in my opinion to write a proposal so that you’d know that this company is really proposing as much as Empire is proposing. The only other thing I think is not included in here that the Council needs to know about is the website has to be hosted either on the City’s computer system or it has to be hosted off-site by a, like Micron Internet Services or some internet website host. So that would be a cost in addition to this that you would need to know what that number is going to be, and I think those are typically on a monthly basis, but I’m not sure on that. Corrie: I suppose we can have him come and answer all of these questions to the Council. When is our next meeting? The 16th? Bird: We have one the 13th, Mayor, or is it the 12th? Nichols: The 11th is the Ada County one. deWeerd: The 10th. Bird: The 10th. I’m sorry. Corrie: Is the workshop on the 10th? Okay. Would you like me to have him come and answer some of these questions? Okay. The web needing to be hosted, I didn’t know anything about that. The concept – they are the ones that are doing our computers here, and they’re – the same people, and they – when we’ve got something wrong, they’re right here. Bird: Is this the guy we had doing – Corrie: It’s Troy and Andrew. So, okay. If you would like me to do that, I’ll have him come the 10th and ask him all the questions you want. I think that’s probably just as well and I think he could do it – maybe do it – he was telling me the time so that he could get it done for us, but I guess it takes time to do it, but if it meets with everybody else’s approval, I will have him come the 10th? Anderson: Mr. Mayor, I just had one other comment. Bill Nichols has mentioned that it would be difficult to compare apples to apples, but I’m not so sure that if you took the scope of services that are outlined in this proposal and put those out to other website developers if they couldn’t give you a very similar proposal because it’s not that complicated. It would be fairly easy to spell these things out right here if those are the types of things we want on the site. I have no objection to this – giving us a proposal, I’d just like to maybe have a second bid or a couple of bids. Corrie: It’s up to you. I think with the $12,000, I don’t know, I could be wrong, but I think that’s not bad. If you want – Anderson: You’re probably right (inaudible) Corrie: I understand that, too, but do you want us to – if you just have one other one or two others? Tell them – deWeerd: Just get a (inaudible) (inaudible discussion amongst Council members) deWeerd: If I know someone, I’ll give you a call and you can follow up. Corrie: Okay. So I’ll have him come the 10th, then, and answer any questions. Hopefully by that time we’ll know what we’re doing. 16. Department Reports: A. City Councilperson - Tammy deWeerd: Pathway Master Plan Committee / Sub-Committee of Parks and Recreation Commission: deWeerd: Mr. Mayor, I would like to table 16a until May 16th. All of you have a copy of the names that will be submitted to the Parks and Recreation Commission, but they haven’t seen this to approve it. So I would like it moved to the 16th. Corrie: Okay. All right. Tom? Kuntz: Councilwoman deWeerd, do you want that added to the Parks and Recreation agenda, then? deWeerd: Yes. I had already asked Mr. Molt (sic) to put it on there. Corrie: Tom, did Eli do an application? Kuntz: As far as I know she did. Corrie: She did? Okay. I haven’t gotten any from them. I got his. He has got down at the bottom of his letter (inaudible) carbon copy to Mo, you, and a carbon copy to the Committee. That’s why I say he should have it. deWeerd: I don’t think he has Eli Roberts. Corrie: I don’t know as I have either. deWeerd: Well, I think with Anita’s quick departure it fell through the cracks. But he’s been trying to reach her, and he didn’t know that she was not in. So he needs a copy of Eli’s. Corrie: Do you want to hear the – Berg: I had a call from the Ada County Assessor’s office wanting to do their annual May update as far as what they feel market values and the economy is doing. I left a message back to them with some options of what workshops we’ve had this month, and I got a message back that they would like to do it on the 10th because the last part of their month is very busy and it would take 15, 20 minutes to do their little re-cap of what they feel we could look forward to as far as the monies that we’re going to receive for property tax. If that’s okay to have that on the 10th, we could get it done earlier. All the rest of the Cities are going to be later on in that month. But if you’d like me to, I can call them back and re-confirm that. It’s his assistant , Eric, that I talked to or left messages back and forth with. But, yes, Bob McQuaid will be here. If that’s okay with the Council to do that? Bird: I’d love to hear it. It’d give us a little jumpstart. deWeerd: Sure it’s a growing list on (inaudible) though. But that’s my – Berg: Three things that I know of so far and the web page. Corrie: Okay. Bird: So everything on our regular agenda, Mayor, is okay with all of our department heads? Corrie: The regular agenda? Bird: Yeah. Item 7. Public Hearing: VAR 00-008 Request for parking variance – reduction in required parking spaces for Generations Park Plaza II by Gary Benoit – at East 1st Street and West Idaho: Improperly noticed – scheduled for May 16, 2000 deWeerd: Mr. Mayor, the No. 7, that needs to be tabled, then? It says scheduled for May 16th. Berg: Mr. Mayor, members of the Council, it wasn’t noticed properly. We weren’t sure if all of the certified mailings got out properly, so we’re just rescheduling it for the 16th. Bird: How about six? Berg: No. 6? No. It was done properly. There’s some variations between the two different parcels that they reach different range of 300 feet. Instead of trying to guess and maybe have a chance that it wasn’t properly noticed, we pushed the one to the 16th. deWeerd: Would it be best to do them both at the same time? Berg: You will have to talk to Shari. My understanding is that the applicant wanted to be heard tonight at least by the first application. Stiles: He would like to address both issues. Legally I don’t know whether we can. He may touch upon the entire project that he has, but we’re only dealing with the Idaho Street variance today. Corrie: Is he aware that the Item 7 was changed to the 16th? Stiles: Yes. Corrie: Okay. We’ll remind him that No. 6 is just for Idaho Street, then. Bird: I don’t know that he wants to hear it if it wasn’t properly (inaudible) deWeerd: So will that need to take a motion to move it? Bird: When we come up to it. Berg: Mr. Mayor, members of the Council, we’ve already re-noticed it and just – it’s just not legally a public hearing for tonight even though it was published in the paper as such. Legally it’s just not a hearing. So we are just re-doing it. We put it on there because we thought that maybe some of the public would have read the combined notice and we didn’t want to confuse it that there are two separate issues; although, one was not noticed properly so we have to push it back to the 16th. There’s no tabling or continuing. It’s just going to be heard for the first time at that date. deWeerd: Thank you. I have nothing else. Bird: Me either. Corrie: Shari, anything else? Item F. Findings of Fact and Conclusions of Law: PP 00-016 Request for preliminary plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision by Dan Wood / D.W., Inc. – west of Eagle Road between Overland and East Victory: Stiles: Mr. Mayor, I’m still on the Consent Agenda. I had a question for legal counsel on Item F. I can’t recall whether we are requiring that the Development Agreement and Ordinance be finalized before we act on the plat. Nichols: Mr. Mayor, members of the Council, this particular one, the applicant pointed out to us that we had referenced the wrong ACHD report in the proposed Findings of Fact. There were two ACHD reports dated the same date, and we had the wrong one. With regard to – if you’ll recall, we had a hang-up because we had the old ACHD stuff in it, we had to come back with the new ones; we thought we had the right ones, and it turned out there were two reports the same date and we had the wrong one. Bird: Shari, are you saying that the newest thing that came out today? Stiles: Yes, I did. Nichols: You have the right one now, but because of those – I don’t know if we’ve got the Development Agreement. Mr. Wood is here. I can’t recall. I don’t know where it’s at to be frank with you. Corrie: Do we have a Development Agreement? Berg: Mr. Mayor, members of the Council, our office has not received a signed Development Agreement. Nichols: Mr. Wood, has the Development Agreement been signed? Wood: (inaudible) Nichols: And that was due to the same ACHD report? Bird: This has got to be tabled until the 16th. Nichols: Mr. Mayor and Council, the Findings of Facts and Conclusions of Law on the annexation and zoning have been approved. That’s all done. So it’s just this clean-up on this Development Agreement and then – there should have been an ordinance. Will will need to check tomorrow. If you don’t have that Ordinance, then call me and we’ll have it over there right away. Berg: I think I have it holding. Nichols: Okay. Mr. Mayor and members of the Council, one of the things that needs to be talked about under the department reports is the latecomer agreement issue. There’s a memo that went out, and I’ve got it in my file. I can’t remember the date. There are essentially four questions to be decided by the Council, and I can review those with you at the departmental report time if that’s when you want to do it. Bird: That’s 16d? Corrie: You want to do that? Gary? Nichols: We can tag-team it, Mr. Mayor, members of the Council. I’m prepared to present the issue. I talked to Reta Cunningham today about it. Corrie: Okay. Council, any objection of putting it on? Okay. Bird: 16d, Mayor? Corrie: 16d. Yeah. Okay. Item 13. FP 00-007: Request for Final Plat approval of 102 lots and 14 lots on 31.94 acres in an R-4 zone by Projects West, Inc., for English Gardens Subdivision: Bird: I think Shari’s got one more, Mayor. Stiles: Mr. Mayor, we’d also ask that Item 13 be tabled to the next available City Council meeting. We’re asking for some additional information before we complete our review of that plat. 13 – English Gardens Subdivision. deWeerd: Shari, have you talked to the applicant? Stiles: I talked to his representative. deWeerd: So they’ll know that this you’re recommending tabling? Stiles: Yes. deWeerd: Mr. Mayor, I just have a question for Shari. Shari, have you received comments back to Tarawood Subdivision, the final plat? Stiles: Yes, we have. deWeerd: Any issues on that? Stiles: The item of dispute – (inaudible discussion amongst Council members) Stiles: On Tarawood, we have a little I guess confusion about a drain that runs down the back of the property. We have some photographs for you to look at as part of that. They’re not proposing the pipe – they said the Bureau of Reclamation won’t allow them to. I thought I had understood from the preliminary plat that they didn’t want another bridge crossing the Nine Mile Creek because it was Ron that wanted them to get another access out to Locust Grove Road, and Becky Bowcutt had testified that the Bureau had told her not to come back for another crossing of that, but I didn’t know that it entailed not piping that drainage ditch. It was piped all the way through Thousand Springs. So I guess I’d like a little clarification on that. They say as far as the rest of it there is a little piece of Nine Mile Creek that they will ask to have a note added that the lot’s unbuildable and will be owned and maintained by one of the other lots in the subdivision as their property. So those were two things that were not really cleared up during preliminary plat that hopefully they’ll be here to address on that. deWeerd: Thank you. Corrie: Okay. Anything else? We’ll take a – nobody else has anything then we’ll close the pre-Council hearing and we will come back at 7:30 for the regular agenda items. MEETING ADJOURNED AT 7:18 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVE: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK