HomeMy WebLinkAbout2000 10-03Meridian City Council Meeting October 3, 2000
The regularly scheduled meeting of the Meridian City Council was called to order
at 7:35 p.m. on Tuesday, October 3, 2000 by Mayor Robert D. Corrie.
Members present: Robert Corrie, Tammy de Weerd, Ron Anderson, Cherie
McCandless, Keith Bird.
Others present: Bill Nichols, Shari Stiles, Gary Smith, Bill Gordon, Will Berg.
Corrie: Okay. It’s 7:35. I’ll open the Meridian City Council meeting on October
3, 2000, and have the City Clerk please call roll. Thank you. I want to welcome
everyone here tonight, and especially Troup 138. It will be a rather short meeting
when we’re usually used to long meetings. We kind of got a reprieve from the -
until two weeks from Tuesday when we’ll have a longer one.
A. Approve minutes of September 5, 2000, Special City Council Meeting:
B. Approve minutes of July 5, 2000, City Council Meeting:
C. Tabled from September 19, 2000: Approve minutes of August 22,
2000, Special City Council Meeting:
D. Tabled from July 5, 2000: Findings of Facts 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:
E. Findings of Facts and Conclusions of Law for Approval: AZ 00-006
Request for annexation and zoning of 12.73 acres from R-T to L-O and
R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed
Valeri Heights Subdivision – northeast corner of Pine Avenue and Ten
Mile Road:
F. Findings of Facts and Conclusions of Law for Approval: PP 00-005
Request for Preliminary Plat approval for proposed Valeri Heights
Subdivision with 10 building lots and 2 other lots on 12.73 acres in
proposed L-O and R-15 zones by Vicki Welker / Gold River Companies,
Inc. – northeast corner of Pine Avenue and Ten Mile Road:
G. Findings of Facts and Conclusions of Law for Approval: CUP 00-014
Request for Conditional Use Permit for proposed Valeri Heights
Subdivision for a 128-unit apartment complex, townhouses and office on
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October 3, 2000
Page 2
12.73 acres in proposed L-O and R-15 zones by Vicki Welker / Gold River
Companies, Inc. – northeast corner of Pine Avenue and Ten Mile Road:
H. Findings of Facts and Conclusions of Law for Approval: PP 00-013
Request for Preliminary Plat approval of 12 lots on 5.60 acres in an R-3
zone by Bond and Shelli Campbell for proposed The Hollows – north of
Ustick Road ½ mile east of Meridian Road:
I. Findings of Facts and Conclusions of Law for Denial: VAR 00-021
Request for a variance to not pipe an open ditch that borders the subject
parcel on the west boundary in The Hollows Subdivision by Bond and
Shelli Campbell – north of Ustick Road ½ mile east of Meridian Road:
J. Findings of Facts and Conclusions of Law for Approval: VAR 00-022
Request for a variance to use Meridian City water for irrigation in The
Hollows Subdivision by Bond and Shelli Campbell – north of Ustick
Road ½ mile east of Meridian Road:
K. Findings of Facts and Conclusions of Law for Approval: AZ 00-013
Request for annexation and zoning of 5.4 acres for proposed Elliot
Industrial Park Subdivision for office and shop in an I-L zone by Chuck
Elliot, The Elliot Group – south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane:
L. Findings of Facts and Conclusions of Law for Approval: VAR 00-023
Request for a variance of the required 20-foot to a 10-foot wide planting
strip in a proposed I-L zone for proposed Elliot Industrial Park
Subdivision by Chuck Elliot, The Elliot Group – south of Fairview Avenue
and east of Locust Grove Road on Wilson Lane:
M. Findings of Facts and Conclusions of Law for Approval: PP 00-015
Request for Preliminary Plat approval of 2 building lots on 5.4 acres for
proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck
Elliot, The Elliot Group – south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane:
N. Findings of Facts and Conclusions of Law for Approval: CUP 00-033
Request for a Conditional Use Permit to construct an office and shop for
proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck
Elliot, The Elliot Group – south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane:
O. Findings of Facts and Conclusions of Law for Approval: VAR 00-015
Request for a variance allowing the applicant to lower the finish floor
elevation below the Flood Plain because of the size of the site by Rod and
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October 3, 2000
Page 3
Sheri Eisele / Eagle Concrete Pumping in an I-L zone – Baltic Place in
the Meridian Business Park:
P. Findings of Facts and Conclusions of Law for Approval: CUP 00-044
Request for Conditional Use Permit to construct a 4,125 s.f. tilt-up
concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele
in a Flood Plain Overlay District currently in an I-L zone – North Baltic
Place in the Meridian Business Park:
Q. Findings of Facts and Conclusions of Law for Approval: CUP 00-042
Request for a Conditional Use Permit to construct a Carl’s Jr. Restaurant
with a drive-thru window by Greenstar Foods and TFCM currently in an I-L
zone – located on Pad P-3 at the Meridian Crossroads Center:
R. Findings of Facts and Conclusions of Law for Denial: VAR 00-020
Request for a variance for the reduction of landscaping requirements to
allow new construction site to match existing and as typical for the area
and subdivision for Seven Gates by Darol Forsythe / Seven Gates
Properties – Lots 8, 9 and 10 of Block 1 of the Layne Industrial Park:
S. Findings of Facts and Conclusions of Law for Approval: VAR 00-019
Request for a variance of the required size and number of trees from 37
three-inch Caliper trees to 27 two-inch Caliper Trees for The Bower
Street, LLC – southwest corner of Bower Street and East 5
th
Street:
T. Findings of Facts and Conclusions of Law for Approval: PFP 00-002
Request for preliminary / final plat approval for proposed Presidential
Subdivision by Developers Diversified / Dakota Company with three
building lots on 10.99 acres in an I-L zone – southeast corner of
Presidential Drive and Eagle Road at the Meridian Crossroads Center:
U. New Beer and Wine License: Request for new beer and wine licenses
by Steve Haumann for WinCo Foods – 1050 South Progress Avenue:
V. AZ 00-017 Development Agreement – E.L. Bews: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision – north of
Ustick Road and east of Ten Mile Road:
W. AZ 00-017 Development Agreement – Chandos Hoaglun: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision - north of
Ustick Road and east of Ten Mile Road:
X. AZ 00-017 Development Agreement – Youngs Land, Ltd: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
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October 3, 2000
Page 4
Development Co., LLP, for proposed Bridgetower Subdivision - north of
Ustick Road and east of Ten Mile Road:
Corrie: Council, you have the Consent Agenda in front of you. What would you
like to do?
Bird: Mr. Mayor, on the Consent Agenda, Item D we need to table to October 17,
2000; Items E, F, G, H, I, J, K, L, M and N also need to be tabled to October 17,
2000. With that, I would move that we approve the revised Consent Agenda.
Anderson: I would second that.
Corrie: With those corrections and additions, any discussion? Hearing none,
roll-call vote, please, Mr. Clerk
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Corrie: On the regular agenda, it won’t be a long meeting tonight, but just for the
people that might be in the audience that are here for the Item No. 3, the
continued public hearing on the Waltman Court Subdivision, that has been
requested that we continue that public hearing until the 17
th
of October, and also
Item No. 5, the request for final plat approval by Packard Estates Development,
that has been requested to be taken up on November 8
th
rather than tonight. So
we will be hearing Items 2, 4 and 6 plus the department reports.
Item 2. Ordinance No. 892: Request for annexation and zoning of 52.90
acres from RT to R-4 by Primeland Development Co., LLP, for
proposed Bridgetower Subdivision - north of Ustick Road and
east of Ten Mile Road:
Corrie: So I’ll open up the Ordinance No. 892, that’s a request for annexation
and zoning for Bridgetower Subdivision, and I’ll ask the City Clerk to read
Ordinance No. 892 by title only at this time.
Berg: Thank you, Mayor, members of the Council, Ordinance No. 892: An
Ordinance finding that certain land to be known as Bridgetower Subdivision lies
contiguous or adjacent to the City limits of the City of Meridian, County of Ada,
State of Idaho; and finding that the owner has made a request for annexation in
writing to the Council; and that said land be annexed into the City of Meridian and
zoning designated low density residential district (R-4); and declaring that said
land by proper legal description as described below be a part of the City of
Meridian, County of Ada, State of Idaho; repealing all ordinances, resolutions,
orders or parts thereof or in conflict herewith; and directing the City Engineer to
add said property to the official maps of the City of Meridian, Idaho, and directing
Meridian City Council Meeting
October 3, 2000
Page 5
the Clerk of the City of Meridian to file a certified copy of the Ordinance and map
of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and
Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho
Code Section 50-223 and Section 63-2215.
Corrie: Okay, you’ve heard the reading of the Ordinance No. 892 by title only. Is
there anyone from the audience that would like to have this Ordinance read in its
entirety? Hearing none, I’ll entertain a motion on Ordinance No. 892.
Anderson: Mr. Mayor, I would make a motion for Ordinance No. 892, a request
for annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Company, LLP, for proposed Bridgetower Subdivision with
suspension of rules.
Bird: Second.
Corrie: Motion made and seconded to approve Ordinance No. 892 with
suspension of rules. Any further discussion? Hearing none, roll-call vote,
please, Mr. Clerk.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Item 4. CUP 00-041 Request for a Conditional Use Permit to construct a
Fred Meyers Gas Station facility with a canopy, five multi-product
gas dispensers, cashier’s kiosk and parking lot improvements in a
C-G zone by Barghausen Consulting Engineers – Fairview Avenue
and Locust Grove:
Corrie: Moving to Item No. 4, this is a request for a Conditional Use Permit –
De Weerd: Mr. Mayor, would you like us to move on Item No. 3?
Corrie: Yes, please.
Item 3. Continued Public Hearing from September 19, 2000: PP 00-014
Request for Preliminary Plat approval of 5 building lots and 1
other lot on 8.29 acres for proposed Waltman Court Subdivision
by John and Sandra Goade – Waltman Lane and SW 5
th
Street:
De Weerd: Mr. Mayor, I move that we continue the public hearing on the
preliminary plat for Waltman Court Subdivision until October 17
th
.
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October 3, 2000
Page 6
Bird: Motion made and seconded to have Item No. 3, the continued public
hearing moved until October 17
th
. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 4. CUP 00-041 Request for a Conditional Use Permit to construct a
Fred Meyers Gas Station facility with a canopy, five multi-product
gas dispensers, cashier’s kiosk and parking lot improvements in a
C-G zone by Barghausen Consulting Engineers – Fairview Avenue
and Locust Grove:
Corrie: This is the CUP 00-041, request for Conditional Use Permit to construct
a Fred Meyer Gas Station facility with a canopy, five multi-product gas
dispensers, cashier’s kiosk and parking lot improvements in a C-G zone by
Barghausen Consulting Engineers, Fairview and Locust Grove.
Stiles: Mr. Mayor, and Council, this is a request for a gas kiosk with a canopy
and gas station, I guess. Next to it would be in between McDonald’s, the
Subway, Bruegger’s Bagels area south of the Fred Meyer on Fairview Avenue.
They had some concern from McDonald’s because of the congestion of the area
now. They responded by bringing in another plan that shifted the site
approximately 150 feet to the east. It’s a little difficult to tell from this site plan.
It’s real difficult to read. I believe this would be the Subway, the Bruegger’s
Bagels over in this location. McDonald’s would be over here, and this would be
where the actual pumps are with the canopy and the kiosk located here. There
was some discussion about the signage. I don’t see in this recommendation
what their final decision was on that signage, but it would need to be decided as
part of this Conditional Use Permit. Since this is a commercial zone, it is not a
public hearing today, but Findings of Facts and Conclusions of Law would need
to be prepared on this application. The applicant has made a request, you may
have a copy in your packets, it was received today. It is in regard to Item 1.23 of
the Recommendations of the Planning and Zoning Commission. The way this is
worded, it actually makes it a requirement that the storm water shall be pre-
treated through a grassy swale. The applicant has requested that a change to
the wording that it be allowed to – that the storm water be allowed to be treated
under another method upon approval of the City Engineer. If they’re going to
have a grassy swale, they’re going to have to incorporate it as part of the parking
lot or have to rebuild some of the existing landscaping along Fairview Avenue,
and that’s the reason that they have made that request. This is the landscape
plan that was submitted with – they will be adding some landscaping but would
be (inaudible) what is taken out. Some of it be additional landscaping. This is
the area that is currently being occupied by some kind of snow shack or
something out there now. With that, I have no further comments, and the
applicant is here to answer any questions you may have.
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October 3, 2000
Page 7
Corrie: Any questions of staff? The applicant here this evening?
Ferko: Chris Ferko, Barghausen Consulting Engineers, and our company’s
based in Kent, Washington. I guess real briefly, kind of an impromptu overview
of the project, help things out here a little bit. What Fred Meyer is proposing is a
gasoline facility at this location. (inaudible) store of the Pacific Northwest
including Idaho, Washington state and Oregon. The idea is to provide an added
benefit there for people who go and shop at Fred Meyer. The facility itself is not
like a convenience-store-type of gas station. It’s a very simple project with a
canopy over five fueling dispensers, and there’s a small kiosk where an attendant
will sit and accept cash payments, but it will also be fully automated to accept
credit-card payments at the pumps. The idea, like I was saying, is to provide
Fred Meyer customers with the added benefit to buy gasoline as well. As such,
the actual amount of trips and traffic is really low because the people that go to
the gasoline facility are the people who are already on the way to Fred Meyer or
are already on the road network on the way to another destination perhaps inside
this 40-acre development. The – we have worked closely with staff on the
project. The project is consistent with all (inaudible) code standards and parking
landscaping setbacks. It is also consistent with the Comprehensive Plan. Also,
the owner is supportive of this project. Being that, we have read the staff report,
and outside of that one minor alteration to that condition of approval, we support
the staff report and request your approval this evening. I can answer any
questions you have.
Anderson: On the signage issue, we have been through it a couple of times with
other businesses that have gone in out there, and (inaudible) landscaping out
front with monument signs. What is your proposal for signage? It looks like
you’re positioning this back behind the existing bank on Locust Grove.
Ferko: It can be and will be somewhat hidden by the bank. We’re not proposing
a monument sign or any type of freestanding sign with this project. We’re
proposing two of what’s called the FM Fuel Stop logo signs on the north and
south side of the canopy. We proposed to the Planning and Zoning Commission
last time to put fuel-price signs on all four sides of the canopy.
Anderson: Are those illuminated, then?
Ferko: They’re internally illuminated somewhat to a cabinet-type sign. The – it’s
not an automatic or (inaudible) type of sign or a – what it is is a scrolling sign in
which there is actually a silkscreen type of material inside. I’m talking about the
price signs right now. That scrolls inside and the numbers roll over and can be
changed by remote control. In terms of the illumination inside the price signs, it’s
the same as the normal illumination on the cabinet sign that you find on any
commercial building. The same is true for the FM Fuel Stop sign.
Meridian City Council Meeting
October 3, 2000
Page 8
Anderson: What kind of lighting do you have around this existing facility because
you are fairly close to some residential areas on that side, too.
Ferko: The lighting on the canopy is all the lighting that would be needed for the
facility, and it would project downward. The lighting is actually imbedded into the
canopy itself, and the lenses will be in such a way that the lighting is directed
downward. The lighting does not spill outside of about more than 20 feet of the
canopy area. The lighting would be all directed straight downward.
McCandless: Mr. Mayor. Are the hours are operation the same as Fred Meyer’s:
7:00 to 11:00?
Ferko? The hours of the operation will be 24 hours. It will be during the daytime
(inaudible) staffed by an attendant during Fred Meyer’s hours. It will be a
(inaudible)-type facility.
Anderson: Mr. Mayor, one more question. The entryway and exit off of Locust
Grove, how far back from that intersection is that?
Ferko: I believe it’s – I want to say it’s about 150 feet; maybe 125 to 150 feet. I
don’t have the exact number right now.
Bird: Mr. Mayor. You’re using the existing entrance right past, just east of
McDonald’s, aren’t you?
Ferko: We’re using the entrance that would be next to the Texaco. I’m sorry, the
Chevron. Right there. The facility was originally proposed near the McDonald’s
store, but the Planning board had a comment to be located more toward the east.
We complied with that and agreed with them and moved it over to the east.
De Weerd: So the entrance is by the Subway.
Ferko: That’s correct.
Bird: And it’s east and west exit there through the pump station, through the
pumps?
Ferko: More of a north and south direction.
Bird: Okay. Getting pretty tight.
De Weerd: Now, how many parking spots are you eliminating by that?
Ferko: The exact amount I’m not sure, but I do know that we are in compliance
with the parking code. There will be plenty of parking out there. It’s a 40-acre
development. Unlike other developments that may have proposed gas stations
Meridian City Council Meeting
October 3, 2000
Page 9
where they only have their parking lot like five-acre developments, something
like that, this is a 40-acre development and will have plenty of parking. In fact,
we’ll provide parking again to code standards once it is built.
De Weerd: I notice there are a lot of people in the Subway – in the building there
park where you’re proposing this gas station.
Ferko: I think to a degree that is true, but what we tried to do is situate it away
from the Fred Meyer store where there are more cars that park in that general
area; trying to get to the least utilized parking area, trying to take those away
from the site. So we tried to pull it away from all the buildings as best we could in
order to conserve the primary parking spaces on the site. Yes, indeed, there are
some parking spaces along that isle way that they could occupy as well if they
went to the Subway store.
Bird: Mr. Mayor, not having a current site deal, the one we got shows it over next
to the McDonald’s. Have you got a more current one? I’ve got a real question
on how they’re going to get in and out of there north and south without really
bottling up your parking, the people coming through on the parking. We’re back
to the same old adage: trying to put a lot of cars through there in a little area.
Stiles: The plan up on the screen is the new site plan. I apologize for the quality
of that.
Bird: That’s the landscape plan.
Anderson: It doesn’t tell us –
Bird: It doesn’t give us a thing about the site.
Ferko: If I could interject, cars would enter in off of the main road through the
facility and typically people fuel up first before they go shopping in the Fred
Meyer store, so they would enter in off the main road, proceed to the pump
islands and fuel up in the north-south direction and move straight ahead into the
parking area. The isles are oriented in a north-south orientation.
Bird: I realize that, but with the parking, one runs up the isle, but the other one
doesn’t. The other one runs right down the middle of the parking on ours, the
one that we’ve got.
Ferko: (inaudible) enough room for cars to be able to move (inaudible) –
Bird: Is that wide open – isn’t there a planter or something?
Ferko: No, it’s wide open.
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October 3, 2000
Page 10
Bird: So you can immediately turn?
Ferko: Yes.
Bird: And you’re going to basically have to.
(inaudible discussion amongst Council members)
Ferko: Cars don’t need to make an immediate left. They can drive a little bit
beyond it, past the canopy and make a left and they can go a reverse direction.
It’s not a one-way type of situation.
Bird: That’s what I’m saying. At that point, you’ve got people that could be
shopping coming down there, parking, and you’re going to get some north and
south and east and west – that will create some congestion, I believe. At least by
the site plan we’ve got.
Anderson: Should have one new one –
Bird: That’s not next to McDonald’s. It should be over there next to the corner.
De Weerd: It isn’t changed (inaudible) but it is changed on this.
Ferko: I can pass this around, show the parking spaces. Again, I would stress
that if people are already one their way in to park in the parking lot, and they
would fuel up first, so it’s not like they’re going to be entering any additional traffic
to the site. The majority of the traffic – people are already going to go there
anyway. They would just essentially make a pathway through the facility to the
parking.
Corrie: Question. Is gasoline normally cheaper than the others in town?
Ferko: it’s hard to say. They would buy the gas off the rack like all the other
sellers would. It just depends on the price of gasoline at the time they would sell
it at. I would say that generally the price range is roughly, in between, according
to the Arco prices, and maybe sometimes lower than like the Chevron and the
Shells and whatnot.
Corrie: You said that they were coming in just because they were shopping at
Fred Meyer. If the price were the same as everybody else, I would tend to
understand that, but if it’s going to be less, you’re going to have more cars in
there than shopping at Fred Meyer.
Ferko: A lot of cars might come in just to fuel up. Most of those cars are usually
on the road network anyway, and they would be what’s called pass-by trips.
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October 3, 2000
Page 11
They would fuel up and get back on the network and continue on their way. So
it’s – the impact on the road network, that’s kind of a nominal amount.
Bird: That canopy is shown as 11-foot off of the edge of the entry road there; is
that right?
Ferko: I believe that’s correct.
Bird: I, too, agree like the Mayor. You’re going to get a lot of cars in there just to
gas up for the shop. I think you’re going to increase the – I think it’s a lot better
than being over by McDonald’s, but you still have walk-in traffic to worry about in
the parking lot.
Ferko: We’d be happy to provide an analysis of that, Council, if you wish, at a
future date.
De Weerd: So is your canopy going in next to that isle of entry?
Ferko: No, it’s not. It’s 11 feet off of that.
Bird: It’s 11 feet off of the edge of the road.
Ferko: Not too different than other gas stations in which cars have to flow freely
around the canopy. Again, if (inaudible) additional analysis of traffic is requested,
we’d be happy to work with you on that or anything else that you think – if
additional analysis on that, we’d be happy to –
Corrie: Gary, on that 1.23, storm water, what type of program are they asking for
upon your approval?
Smith: Mr. Mayor, Council members, that comment that they’re referring to is a
standard comment that Central District Health Department makes on their review
of all proposed drainage systems. What we have been doing is following what
we call best-management practice. When this type of installation is available for
construction, then that is an optimal procedure for storm water. Where that is not
available through the landscaping of a site, then we simply go to the best-
management practice which would be sub-surface disposal field preceded by a
sand and grease trap
Corrie: Any further questions?
Bird: I have none.
Corrie: Thanks. Council, discussion?
Meridian City Council Meeting
October 3, 2000
Page 12
Bird: Mr. Mayor, I’ve got some concerns about the traffic safety. We’ve had two
or three of these come through in wanting to put in existing shopping centers.
This one is the larger one. This is the same shopping center that we, because of
traffic control, turned down a drive-thru window in another location. I think we
need to think long and hard on the safety of people walking in around the deal.
In regard to what they say, there are going to be a lot of cars. If their gas is even
close to the surrounding gas stations, there are going to be a lot of cars in there
just gassing up. It’s going to definitely put more traffic in that shopping center, in
that parking lot. It is 100 percent better than where it was. That’s all I’ll say
about it. I think we need to think about the safety.
Corrie: Any other comments?
Anderson: Mr. Mayor, I guess I would just comment, too, when we look at these
projects that we look at how it’s going to benefit the community. We have
already a gas station just a few hundred feet across the way just from this, and I
think with the increased congestion like we all talked about, I mean, the one
entrance by McDonald’s right now is pretty difficult to get into when you’re
coming from the west end to the east with the concrete barrier in the middle of
the road with the turn-way and stuff already. I know a lot of people are going to
be using that entryway to get into it even though the other one is closer. I guess I
do question the wisdom of this project. Other than to put more money in the
pocket of Fred Meyer, I don’t see where this benefits the community any and will
create additional traffic and congest that parking area even more than it already
is.
Corrie: Okay, any other comments? Mr. Nichols.
Nichols: Mr. Mayor, members of the Council, just a reminder that because this is
a request for a permit that if you were to deny the permit, you need to explain the
reason for the denial, and you must also inform the applicant what it would take
to get the permit approved.
Corrie: Any other comments? Okay. Hearing none, are you ready to vote?
Okay. I’ll entertain a motion on the request for a Conditional Use Permit for Fred
Meyer Gas Station, No. CUP 00-041.
Anderson: Mr. Mayor, I’ll take a stab at a motion to see where it goes. I would
make a motion that we deny this Conditional Use Permit for Fred Meyer to
construct a gas station on their facility. The reason being is I do not feel that the
property in this particular case is large enough to accommodate this facility. I’m
not sure that at any point in the future I could support such a project with the way
this is already being developed out with all the pad sites.
Bird: Is that your motion? Anything to add? I’ll second it.
Meridian City Council Meeting
October 3, 2000
Page 13
Corrie: Motion made and seconded to deny the Conditional Use Permit, CUP
00-041, Fred Meyer Gas Station with the comments made. 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
Corrie: Do we need a motion, then, to have the attorney draw up the Findings of
Facts and Conclusions of Law? What else do you need, Sir?
Nichols: Mr. Mayor, members of the Council, I guess I would appreciate some
discussion on the part of the Council if this were moved behind the – is there any
place on this site that this could be placed that would alleviate your concerns with
regard to the issue so that the applicant could know that in order to get approval
it would have to be placed somewhere else; that you at least talk about that
issue. As I understand that motion, the concern is that they’re already at – pad
sites, at least along Fairview Avenue, that it congests further traffic off of Fairview
into that parking lot to add an additional high-traffic item such as a gas station
there. The question would be: Could it be located anywhere else on that site to
allow this applicant to gain approval?
Bird: Mr. Mayor. In my opinion, go back on the northeast edge of their deal.
They could have an in-and-out off of that road that continues around. I happen to
drive that Fairview Avenue at least two times a day, busy times, sometimes
more. It’s real hard to get out onto Fairview Avenue from where they had
planned to put it. This way it would give them two deals; it would get it away and
up from the pad buildings where we shouldn’t have as much foot traffic. That
would be my – I would want to state that my vote of denial with the location here
has nothing to do with how many other service stations or anything. That’s
private enterprise. So that had nothing to do with the way I voted. I didn’t like
the location, but if it was drawn up right in the northeast corner there and put in
the right place where they could have a couple of on-off entrances and exits on
that road that continues down, it gets us away and on and off the main
thoroughfare. It’s farther away from the stoplight. That’s my suggestion.
Anderson: I, too, could support the project if it were moved north of the existing
pad site. I don’t know what that pad site is called, but it’s where Bruegger’s
Bagels and Subway is. If it was moved north of there and could be accessed off
the road that goes in and swings behind Fred Meyer – is that called Loop Road?
Bird: Avest Road.
Anderson: I could support it in a location like that because there’s so much
congestion that the entire facility with the majority of the pad sites, I think all the
existing pad sites have been sold or leased out – there’s a tremendous amount
Meridian City Council Meeting
October 3, 2000
Page 14
of traffic, and it’s very difficult to get into this shopping center. I shop there now.
I know what the access in parking is difficult, and I think the proposed location,
while it may be great for frontage for Fairview Avenue, but it is sure not going to
help the congestion. I would support it to the north and to the east with access
off of Avest, but not in the two locations where it’s currently been proposed.
Corrie: Okay. I’ll take a motion to that.
Bird: Mr. Mayor, I would make a motion that the applicant could resubmit their
fuel depot at the northeast part of their lot so that their entrances and exits are
off of Avest Road and bring it before the Council.
McCandless: I’ll second that.
Corrie: Motion made and seconded. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: So, Mr. Nichols, you do the Findings of Facts and Conclusions of Law
based upon that. Thank you very much.
Item 5. FP 00-018 Request for Final Plat approval for of 61 building lots
and 3 other lots on 23.02 acres by Packard Estates Development
for proposed Packard Acres Subdivision No. 2 – south of Ustick
between Locust Grove and Vintage Lane:
Corrie: Item No. 5, Final Plat approval, FP 00-018. It has been requested to
move that to the November 8
th
meeting. Hearing that, I will entertain a motion.
Bird: Mr. Mayor, I move that we continue the request for final plat approval for
the 61 building lots and 3 other lots on 23.02 acres by Packard Estates
Development for proposed Packard Acres Subdivision No. 2 to November 8,
2000.
De Weerd: Second.
Corrie: Motion made and seconded to move No. 5 to November 8, 2000. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 6. FP 00-019 Request for Final Plat approval of 91.83 acres with 10
building lots and 1 other lot in an L-O and R-4 zone for Resolution
Business Park by G.L. Voigt and Overland, LLC, and Joint School
Meridian City Council Meeting
October 3, 2000
Page 15
District No. 2 – south of Overland Road and east of Locust Grove
Road:
Corrie: No. 6 is a final plat approval of 91.83 acres with 10 building lots and 1
other lot in an L-O and R-4 zones for Resolution Business Park by G. L. Voigt
and Overland, LLC, and Joint School District No. 2, south of overland Road and
east of Locust Grove Road. Staff comment first.
Stiles: Mr. Mayor and Council, this is for the property located east of South
Locust Grove Road and Overland Road. This would be the high-school site, new
high-school site. This area in this location would be the ice hockey rink and the
apartment complex that was approved in this location and some other associated
businesses. Staff did make a report, and you do have a copy of our comments.
We didn’t really have any issues related to this subdivision and would ask that
you approve the final plat of Resolution Business Park with all staff and agency
comments.
Corrie: Thank you. Is the representative of this request here tonight?
Stiles: Ms. Bowcutt phoned and is ill and indicated that she couldn’t be here
tonight.
Corrie: Do you have any idea that there’s any problems with the conditions of
that?
Stiles: She indicated they were in agreement with all of our comments and has
no problems with it.
Corrie: Council, any problems or questions you might have?
Bird: I have none.
Corrie: hearing none, I’ll entertain a motion on the final plat, FP 00-019.
De Weerd: Mr. Mayor, I move that we approve the request for final plat, approval
of 91.83 acres with 10 building lots and 1 other lot for Resolution Business Park
and for the attorney to draw up the appropriate order.
Bird: Second.
Corrie: Motion made and seconded to approve the request for final plat, FP 00-
019, Item 6. Any further discussion? Hearing none, Mr. Clerk, roll-call vote,
please. Ms. McCandless, did you have anything?
McCandless: I think I’m within protocol. I had voted against this in the beginning
and stated at the beginning that I just don’t like all that building up there on that
Meridian City Council Meeting
October 3, 2000
Page 16
corner. It’s going to be really bad. I have to be consistent with my votes that if
you don’t have the roads in place, you shouldn’t put all this development there.
I’m going to vote against it for that reason.
Corrie: Okay, any other comments?
Roll-Call: Bird, aye; de Weerd, aye; McCandless, naye; Anderson, aye.
MOTION CARRIED: THREE AYES, ONE NAYE
Corrie: I believe we’ve had the City Treasurer’s Report. The Parks and
Recreation Director has requested that No. 1 of his be moved to the October 17
th
meeting.
Item 7. Department Reports
B. Parks and Recreation Director – Tom Kuntz:
2. Storey Park Irrigation System Bids:
Corrie: Storey Park. Ms. De Weerd, you wanted to finish that one up for him.
De Weerd: Mr. Mayor, I move that both bids be rejected and the project be re-
advertised for the Storey Park Irrigation Bids.
Bird: I’ll second that.
Corrie: Motion made and seconded to reject bids on the Storey Park Irrigation
System. Any further discussion?
Bird: Mr. Mayor, to re-advertise and re-do this, we need to be fair to everybody
and – are we going to be changing some things to get it down closer to budget?
What we had gotten, the conceptual bid from the landscape people, architect on,
we used stuff different than we specified in the bid. It’s not fair to bidders to
spend their time bidding a job and then turn it down and turn around and re-bid it
with the same specifications and stuff, and I think you will find that the longer you
bid it – Tulley Park is a good example. From one month we went from $704,000
to $738,000 in bids. What are we going to do, for Tammy, are we going to
change the specifications and try to get down to the budget or what?
*** End of Side 1 ***
De Weerd: -- mentioned that the parks superintendent did evaluate this and has
modified some of the items. They have had to change the location for the pump
house which wasn’t in this original bid. That’s all I can tell you.
Meridian City Council Meeting
October 3, 2000
Page 17
Bird: Why can’t we have some value and engineering done by some of these
nurseries and some of these bidders? You specify one thing and maybe it’s very
popular by name, but also you pay the price. It may be the same product but a
different name. It does the same thing and is half the price. I think that’s
something that you and Elroy and Tom need to sit down with the people who
drew the plans for us and see if there is some stuff in there like that, Tammy, that
would help us to get it down closer to budget. The same performance product.
Anderson: Mr. Mayor, I just had a comment. I somewhat agree with Councilman
Bird that usually the bids tend to go up, but when I read comment No. 5 on the
letter from Elroy, what concerns me is that it seems like this whole project is a
little bit premature knowing that we have some major road construction along
Franklin Road in the year 2003 that if we spend a lot of money on this sprinkler
system and especially the positioning of this pump where it is now, that’s all
going to have to be torn out and redone in two years’ time. So I think it would
behoove us to reject these bids at this time, have the Parks Director or Elroy
work with Nampa Meridian Irrigation District to see if we could find a more
permanent location where we wouldn’t have to move that pump, and then maybe
even consider that the area that’s going to be next to Franklin not be put in the
initial bidding project and make that as a second phase so that after that work is
done, then that construction can be done and it only has to be done once and not
torn out two years after it’s put in. That may (inaudible) the costs, too.
De Weerd: Mr. Mayor, I believe currently the pump is not adequate for an
irrigation system. It would have to be replaced regardless. That’s why he wants
to back this up and find that location. I think you had designated one that he
feels comfortable with, and he, I believe, has been working with the consultant
that we have working on preparing the bid.
Nichols: Mr. Mayor, members of the Council, I think – the motion is to re-
advertise which implies the contract, the proposed contract with the proposed
scope of work is the same to be re-advertised, and what we heard from Mr.
Kuntz is that it really needs to be a different scope of work because of the
change of the pump location. It would be my recommendation that the motion be
amended to essentially reject all bids and the Parks Director will have to come
back with a revised project.
De Weerd: I would amend my motion to reflect that.
Bird: I’ll second that.
Corrie: Motion made and seconded to the amended motion to reject the bids.
Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting
October 3, 2000
Page 18
3. Brick Pavers at Generations Plaza II:
Corrie: No. 3, brick pavers in Generations Plaza. This was a request to have the
Council approve the set price of $100 per brick and the new 336 engraved brick
pavers on the two new walls. Any discussion?
Bird: Mr. Mayor, this is basically the same price that most people paid for the
bricks on the first round. I would certainly make a motion that we – I believe the
Parks and Recreation Commission, with Tom, has set this price, and I would
make a motion that we approve the new Generations Phase II engraved brick
pavers at $100 a brick.
De Weerd: Second.
Corrie: Motion made and seconded to approve the sale price of the bricks at the
two new walls at the Generations Plaza II of $100 a brick. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
C. Mayor Robert D. Corrie:
1. Lakes at Cherry Lane No. 8 Land Swap:
Corrie: Item C, No. 1, Lakes at Cherry Lane No. 8 land swap.
De Weerd: Mr. Mayor, I would like to excuse myself from this item, please.
Corrie: That’s fine, but I guess you have your reasons. We don’t know what it is,
but that’s fine.
Anderson: Do you have to declare your reasons? I never knew the answer to
that question.
Corrie: I don’t think you do. I think you just have to ask for the Council’s
approval.
De Weerd: I just want to excuse myself from this item.
Bird: According to the State Code, you have to declare a reason as I understand
it.
Nichols: Councilwoman de Weerd, do you perceive some sort of conflict of
interest here or something?
De Weerd: Yes, I do. I do have a conflict.
Meridian City Council Meeting
October 3, 2000
Page 19
Corrie: Does Council approve?
Bird: I approve.
Anderson: Sure.
Corrie: The request is Cherry Lane’s – Mr. Nichols, you can give us the why-tos
and why-fors the way it is now.
Nichols: Mr. Mayor, members of the Council, Mr. Bradbury is here representing
Steiner Development. This is a piece of property along the golf course that
involves two pieces of property. One Currently by Steiner Development which is
not usable by Steiner Development in any of its lots available for sale, and a
corresponding piece which is not usable by the golf course which is City property.
Steiner Development has proposed an exchange whereby the City land would be
exchanged for the Steiner Development Land. The Steiner Development land
could then be used in connection with the golf course in connection with the new
club house, and an appraisal has been done at the expense of Steiner
Development to appraise both parcels and the proposed exchange agreement
seeks to make up the difference in value between the two by supplying tile in
order to pipe a ditch, I believe the Hunter Lateral, but to pipe a ditch so that then
the values are equivalent. The golf course would then sue that property with the
ditches tiled as part of their parking lot for their off-street parking for their
clubhouse. So this proposed exchange agreement sets out the terms of the
proposed exchange; the Council still has to have a public hearing on the
proposed exchange; would still have to vote on the appropriateness of the
exchange in connection with an Ordinance; there would still have to be a 60-day
delay before the Ordinance became effective that would authorize the transfer of
the properties. The exchange agreement provides that Steiner Development will
pay the cost of the appraisal and the cost of title insurance on both parcels and
essentially the City’s not out of pocket anything in connection with this exchange.
Again, the value equivalency is made up by supplying underground tile for a
ditch.
Corrie: Do you have the Exchange Agreement there?
Nichols: Yes.
Corrie: I don’t think we have it.
Nichols: That’s my fault, then. Let me go down and give you the gist of it. It
describes in the Agreement the two parcels, and then it describes that the
additional consideration which makes the exchange equal is 152 feet of 48-inch
diameter concrete pipe meeting the specifications of the Nampa Meridian
Irrigation District, and it’s to bury a portion of the Eight Mile Lateral. The
exchange would be contingent upon the following conditions: Approval for the
Meridian City Council Meeting
October 3, 2000
Page 20
exchange by the Meridian City Council in conformance with the requirements of
Chapter 14, Title 50 of the Idaho Code; each of the properties to be exchanged
shall to the reasonable satisfaction to the parties be determined to be free from
any environmental or biological contaminates; receipt by the City of consent to
the exchange by the City’s tenant, Cherry Lane Recreation, Inc.; receipt by the
City of approval for the exchange and the future use of the real property to be
exchanged by the City for residential purposes from Western Ada Recreation
District, the City’s predecessor in title to the real property to be exchanged by the
City; approval by the City of an application made by Steiner Development to
incorporate the real property be required by Steiner Development pursuant to this
Agreement and into those lots in the proposed Lakes at Cherry Lane Subdivision
No. 8 which are adjacent to the real property to be acquired by Steiner
Development and add an additional residential building lot between Lots No. 57
and 58 as depicted on the plat and the preliminary plat of the proposed Lakes at
Cherry Lane No. 8 which said approval may be conditioned upon the closing of
the exchange transaction contemplated (inaudible). In other words, if it receives
conditional approval on that, there is a condition that there is an appraisal to be
exchanged made by qualified real estate appraisal. That’s already been done.
Closing would take place at Pioneer Title in Boise. The property would be by
warranty deed. There would be title insurance paid for, as I said. Either party
can have an environmental assessment if they (inaudible) boiler plate terms in
the Agreement.
Corrie: Everyone understand that we can approve the Exchange Agreement and
then we need to schedule a public hearing?
Nichols: That’s correct.
Bird: Mr. Mayor, I move that we approve the Exchange Agreement between
Steiner Development and the City of Meridian for a land swap at the Lakes at
Cherry Lane No. 8, for the Mayor to sign and the Clerk to attest.
McCandless: I second.
Corrie: Motion made and seconded to approve the Agreement. Is there any
further discussion?
Anderson: Mr. Mayor, I would just like to ask one thing that shows me the piece
of land and the other piece we’re exchanging so that I can visualize it. I’m having
a hard time understanding where it is and why we’re swapping. I understand the
152 feet of 48-inch pipe pretty well, but I want to know where that’s going.
Nichols: Mr. Mayor, Councilman Anderson, members of the Council, as part of
the public hearing, that would be part of the hearing to show you where the
property is now that the City owns. I know that you can expect to have probably
Jennifer Lovan or Mr. Holloway at the hearing to explain what they would do with
Meridian City Council Meeting
October 3, 2000
Page 21
this piece. At the public hearing all of this – I want you to understand that. Also
that approval of this Agreement does not necessarily pre-commit the Council to
approve the exchange. All it does is set into motion the process, and you still
reserve the right to say yes or no and to have all that information at the public
hearings.
Anderson: Thank you.
Corrie: Any further discussion? Okay. All those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSTAINED
Corrie: Can we set that for November 8
th
? Is that too soon? Okay. Then we’ll
set that at the public hearing time. Okay.
Anderson: (inaudible)
Corrie: As a matter of fact, there is a map. I’ve seen it.
Bird: All you have to do is go out there, and Wally will walk you around it.
Nichols: Mr. Mayor, members of the Council, I would caution anybody about
some kind of ex parte contact in connection with anything like this unless you’re
prepared to disclose it on the record.
2. Blood Draw Agreement:
Corrie: Okay. Item 2 I had was the EMS Contract. Council, you have the
contract; you’ve seen it. Both Council and Chief of Police have given their okay
on it. Any further discussion? Hearing none, then, I’ll entertain a motion to
accept the agreement between the Ada County Emergency Medical Services
and the City of Meridian for $300 per draw which includes all testifying in court
should it be done.
Anderson: Mr. Mayor, I would make a motion that we approve the Blood Draw
Agreement between Ada County and the City of Meridian for the next fiscal year
from this date to September 30, 2001.
Bird: Second.
Corrie: Motion made and seconded to approve the Ada County Emergency
Medical Services Blood Draw with the City of Meridian. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting
October 3, 2000
Page 22
3. Appointment of Planning and Zoning Commissioner:
Corrie: The third I had was the appointment of a new Planning and Zoning
Commissioner. I gave you all the information of the background on Jerry W.
Centers, the Vice President and Regional Manager of M & T Mortgage
Corporation. In talking with the Planning and Zoning Commission Director, we
had a meeting with Mr. Centers, and we both agreed that he was probably the
one that we need to make up the Planning and Zoning Commission. We have a
lawyer, we have an architect, and we have a lady on there that’s a public
administrator. My recommendation to the Council is to place, for appointment, is
Jerry W. Centers of Meridian. He does qualify with the time. Thank you.
Bird: Mr. Mayor, I move we approve your appointment of Mr. Jerry W. Centers to
the Planning and Zoning Commission.
McCandless: Second.
Corrie: Motion made and seconded to approve Mr. Jerry W. Centers as a
replacement on the Planning and Zoning Commission. Any further discussion?
Hearing none, roll-call vote, please, Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
D. City Engineer – Gary Smith:
1. Request to hook up to City sewer outside City limits by
Marvin Werth:
Smith: Thank you, Mr. Mayor, Council members. The first item is a request for a
county resident to connect to the City sewer. The resident is Marvin Werth
located at 2150 South Locust Grove Road. During the week of September 15
th
,
Bruce Freckleton, one of my assistants, received a telephone call from Mr. Werth
or his representative indicating that he was experiencing a septic-tank drain field
failure, and that he was in a serious situation and needed to connect to City
sewer which is in existence in Locust Grove Road. Bruce Freckleton, my
assistant, followed up on that request with a conversation with Mayor Corrie and
each Council member about the situation and was verbally given unanimous
approval to allow this party to connect ahead of a formal approval by you at a
Council meeting. Mr. Werth subsequently submitted a letter of request that is
dated September 13
th
to Meridian City Council attention City Clerk Will Berg. Mr.
Werth, according to Bruce Freckleton’s memo has paid the assessment fee and
was proceeding with sewer connection to alleviate the problem. He was
informed that of the possibility of an annexation request of City Council as part of
the agreement to connect and the possibility that they also may need to connect
to the City water system. Typically I have found in situations where County
residents have experienced a septic tank or drain field failure, the Central District
Meridian City Council Meeting
October 3, 2000
Page 23
Health Department who has jurisdiction over these types of installations will not
issue a replacement permit if the subject property is adjacent to a municipal
sewer and are able to connect. We ran into that situation several times in the
past. So the replacement of the system under Central District Health’s
jurisdiction I don’t believe was an option with the location of the City sewer.
2. Request to hook up to City sewer outside City limits by
Jerry Frank:
Smith: The next Item, No. 2, is Mr. Jerry Frank, and it’s an identical situation. In
fact, apparently, the homes are within a stone’s throw from one another on
Locust Grove. Same conversations took place between Mr. Freckleton and you
folks on the Council and Mayor Corrie and also with the applicant Mr. Frank. So
typically what we’ve done on other requests to connect has been the request for
the property owners to enter into an agreement with the City of Meridian
concerning the conditions of the connection; of course, those conditions originate
from your decision on the approval or not. In this case, as I mentioned early on,
it was a failure, apparently, of the system, the on-site system.
Bird: Are they contiguous to the City now, Gary?
Smith: I think they’re right across the street from Sportsman Pointe. I’m not
absolutely sure, but it’s – when we went down Locust Grove, I believe this is the
situation, and I think Mr. Werth’s here. Sewer line was installed in Locust Grove
Road, and there were some service lines stubbed to the property in the County
anticipating at one point that they may need sewer service and/or would be
annexed into the City, and we wouldn’t have to disturb the streets to make the
connection. I think Mr. Werth is here this evening if you have any questions of
him.
Corrie: Mr. Werth, did you have any questions?
Anderson: Mr. Mayor, I have a question. Is the applicant requesting not to
annex or just not to hook up to water?
Smith: Mr. Werth –
Werth: Not to hook up to water at the present time. We really can’t afford it right
now because we put in the sewer and it cost about $3,000. We would like to
have at least a year and-a-half to get enough availability of the funds to hook up.
Our well is real good. We got a new pump about two years. The water is real
good for our property.
Anderson: And do you have any problem with annexation?
Werth: No. There wouldn’t be a problem on that.
Meridian City Council Meeting
October 3, 2000
Page 24
Bird: Mr. Mayor, if we annex, though, we would have to have a variance or
something or he would have to hook up to City water; is that right?
Smith: Yes, sir.
Bird: So what we’ve done in the past is just, correct me if I’m wrong – what
we’ve done in the past on something like this is hook up to the sewer and ask
them to make an application for annexation?
Smith: Yes.
Bird: And it doesn’t have to be enacted on at this point, right? When they’re
contiguous? Once they annex into the City, they’re going to have to go to the
water. He’s saying it’s a hardship right now to go with the water.
Smith: Unless you grant him a variance.
Bird: Unless we grant him a variance. Have we ever done that?
Smith: Yes.
Bird: I don’t recall (inaudible).
Corrie: Mr. Anderson.
Anderson: Gary, how would we figure the sewer rates? That’s normally based
on water consumption.
Smith: Yes. We would just set a flat rate based on the minimum. I suspect Mr.
And Mrs. Werth are the only residents in the home? Correct?
Werth: Yes.
Smith: So we would just establish a minimum 7500 gallons a month which is
what our minimum is. The bill would be based on that. I should say an average
residential, single-family residential unit not be minimum, but that’s our average
residential unit in the City of Meridian, and the sewer bill would be based on that
gallonage.
Bird: Gary, does Mr. Frank want the same? Is that what he wants? The same
as Mr. Werth?
Smith: I don’t know. We don’t have a formal letter from Mr. Frank.
Bird: That’s what I’m saying. We didn’t get a letter from him.
Meridian City Council Meeting
October 3, 2000
Page 25
Smith: All I have from him is a memo from Bruce Freckleton that says he has a
septic tank drain field failure, and we need to have a letter. Up to that point he
would be required to connect to – make application for variance from the
Ordinance req1uirement. Correct. Yes, sir.
Anderson: What is the water-connection fee? How much?
Smith: Water connection fee is $704. Sewer-connection fee is $1580 for a
property that is within the City limits. Excuse me. Inside or outside. It doesn’t
matter. Plus, on the water, there’s a cost for installing a meter tile yolk and I
don’t think we stubbed the water services. We didn’t. We stubbed the sewer
because of the depth. We didn’t stub the water service over. So there would be
an additional cost of constructing a service, installing a metered tile, a yolk –
Werth: I would say about $4,000.
Anderson: Are there several other houses in this area? If we have two side by
side, are there others that are right there that are in this same age that –
Smith: Yes, sir. There’s probably a half dozen or so homes that Mr. Werth could
probably tell you exactly how many there are.
Werth: There’s about five.
Smith: Maybe three other homes, Mr. Werth, beside yours and Mr. Frank’s?
Werth: Yes.
Bird: So, really, Mr. Mayor, Gary, Jerry Frank hasn’t formally made an
application other than talking to Bruce as it went down?
Smith: That’s the information I have, Councilman Bird, yes. Correct.
Bird: And he has stated that he wants to hook to the sewer the same as Mr.
Werth?
Werth: We have already hooked on to it.
Bird: Okay.
Smith: These were emergency situations. We have done this before when this
was a failure and there wasn’t an alternative.
Corrie: Any further discussion? I’ll entertain a motion on the request to hook up
to City sewer by Marvin Werth and Jerry Frank.
Meridian City Council Meeting
October 3, 2000
Page 26
Bird: Mr. Mayor, I move that we approve the sewer hook-ups for Mr. Werth and
Mr. Frank and that we require that they place an application for annexation to the
City of Meridian.
Corrie: I need a second.
McCandless: Second.
Corrie: Motion made and seconded to approve the request of hook-up to City
sewer for Marvin Werth and Jerry Frank and request that they make application
for annexation.
Smith: Mr. Mayor, may I ask a question? I would respectfully request that we
get a written request from Mr. Frank for the file so that we have that on file.
Corrie: Any other discussion?
Anderson: Mr. Mayor, I have a question of our City Attorney. The thing that
concerns me is where does it leave us on that annexation issue? I mean, we
have one applicant who is basically requesting a variance stating that it’s a
hardship, financial. I think ultimately our goal is if we’re going to provide City
sewer and water, if the Council wants that piece of property to be annexed, do
we still have any leverage or – there doesn’t seem to be any timeframe here. I
guess a year, two years from now, I think it could be a financial hardship. It
appears that we’re not only going to have this one case, but there’s a possibility
that we could have five separate requests for this same thing. How do we get
the annexation that we ultimately want and just – does having them make
application give us the guarantee that we’ll get that?
Nichols: Councilman Anderson, Mayor, members of the Council, we currently
have an agreement which we ask or require as a condition of the sewer service
or sewer and water service in some cases that is an irrevocable consent to
annexation and requires the applicant, owner, to apply for annexation and
zoning. I revised that agreement in anticipation of one little thing. It used to say
apply. Now the agreement says apply for and diligently pursue. So if you want
to give someone like Mr. Werth a timeframe to complete the connection to the
water, we would put that into the agreement. The agreement allows, then, if it’s
not annexed, to go in there and dug up and sever the sewer connection. So you
have that ability to take those steps if you didn’t get the annexation complete.
You have some that are not contiguous to the City limits to where they apply for
annexation or they have the irrevocable consent that’s on file, and when they
become contiguous, then it should become active and be processed so the
annexation could be complete. We require the agreement to include an
irrevocable consent to annexation which is a recordable thing that shows up on a
title report. I don’t know if that’s answered your question.
Meridian City Council Meeting
October 3, 2000
Page 27
Anderson: Do we have somebody that continually monitors these agreements to
make sure that when something does become contiguous or in this case if we
put a timeframe on it – it almost seems like an enforcement logistical problem to
go back through all the records and keep track of which ones have timeframes
on them and which ones need to come as soon as they’re contiguous. I don’t
know who would police that whether it’s Code Enforcement of P & Z.
Nichols: Councilman Anderson, Mayor, members of the Council, I would suggest
that the City Engineer, every time you annex a piece of property, the Ordinance
requires the City Engineer to amend the City map. I would, if between me, Gary
and Shari, if you want us to come up with a plan on how we monitor those not
contiguous to the City limits to where we have those outstanding agreements, if
we have some way of triggering the annexation process when contiguity occurs,
then we’ll come up with a plan for that. I agree with you that there needs to be
some sort of tickle or something that brings it back to mind so you don’t have
pieces sitting out there that are now contiguous and we haven’t gotten around to
annexation until it’s three or four property owners down the line, and all of a
sudden we’ve got people upset because there’s an annexation and they don’t
like it.
Anderson: Mr. Mayor, my last comment would be based on what I’ve heard from
the City attorney, I’d like to see some type of timeframe put on this motion that
would require within a certain number of months or years that water hook-up be
completed and they be annexed.
Bird: Mr. Mayor, that would be taken care of at the annexation Ordinance that
goes through. All we have right now which we did by telephone, we approved
letting them hook up to the sewer and request that they make application for
annexation and at that point, at the annexation, we’d put the time on it, wouldn’t
we?
Nichols: Councilman Bird, Mayor, members of the Council, when the annexation
is complete, the water is supposed to be hooked up at the time it’s complete
because you have an Ordinance that says in the City limits, if you want domestic
water supply, you hook to the City system.
Bird: But we’re not requesting an Ordinance for annexation right now. They’ve
got to apply for that.
Nichols: Correct.
Bird: What we’re doing, and at that point if they want to apply for a variance to
the water, that’s when they apply. They don’t apply right now, do they? So why
would our motion put a time limit on it at this point?
Meridian City Council Meeting
October 3, 2000
Page 28
Nichols: Well, technically, Councilman Bird, a variance is for some site-specific
condition, topography, unusual lot size or something that’s specific to the site.
It’s almost like a geological condition that makes it impossible to comply. That
financial hardship, as I read the state statute, does not constitute grounds for a
variance.
De Weerd: Mr. Mayor, (inaudible – mic disconnected)
Nichols: Councilwoman de Weerd, Mayor, members of the Council, it’s my
recommendation that in the usual course of things, there’s an application for
annexation is filed, it takes several months, and by this I am not insensitive to the
worse financial burden that this creates, but when we get into these deals, we
have a problem with where do we draw the line. You can set a timeline and say
that at X-date you will hook to the City water, and we can put it into the
(inaudible) if that’s what you want to do.
Bird: Can you do it in this motion (inaudible)? The approval of the City sewer
outside of the City limits and state that is the policy of the City that when you do
that, that the owners apply for annexation, and you get an annexation ordinance,
and at that point you put the time limit on it.
Nichols: Councilman Bird, I think what we’re saying is you can’t vary the terms
of the ordinance for financial hardship, but I think you could insert into the
agreement that – the way I propose to do this is to use these agreements, and
the agreement could say that water connection shall occur on or before a certain
date, and you tell me what that date is and that’s what I’ll have in the agreement.
Even though – that way the annexation would follow that agreement and have
that time in it.
Bird: Are you going to guarantee me how fast we can get this annexation
through the City?
Nichols: I will not.
Bird: Then how am I going to put a time limit on it?
Werth: Give us two years.
Corrie: Did you say two years, Mr. Werth? That gives you something to start.
You don’t have to take it or leave it.
Werth: Well, I’m on fixed income. We get about $900 a month. I tell you that
(inaudible) pay the taxes and I don’t have to tell you the rest of the story. If not,
we’d have to borrow money.
Corrie: Do you think two years is a good figure?
Meridian City Council Meeting
October 3, 2000
Page 29
Werth: I think it’s a good figure.
Bird: Mr. Mayor, I withdraw my motion if the second will withdraw. Then I’ll
remand it. Did you withdraw it, Cherie?
McCandless: Yeah.
Bird: Mr. Mayor, I move that we approve the request for City sewer outside the
City limits by Mr. Marvin Werth and Mr. Jerry Frank and that they proceed with
the annexation to the City limits and that Mr. Werth be given until October 30
th
of
2002 to hook to the City water.
McCandless: Second.
Corrie: Okay. Motion made and seconded to approve the outside sewer hookup
by Mr. Marvin Werth and family and also Mr. Jerry Frank with the agreement that
the annexation – Mr. Werth has an extended period of time to do the annexation
until the year 2002.
Bird: No, the water hookup. The annexation goes through the water hookup.
Corrie: Any further discussion?
(inaudible discussion)
Corrie: Roll-call vote, please, Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Corrie: Okay, so you know what we’re doing now? If you don’t, ask (inaudible)
to kind of put it – you’ve got until October 30
th
, 2000 to get annexed – excuse
me. The hookup.
Werth: In other words, the annexation isn’t going to start for about a year or so?
Bird: No. You get your application in for annexation right now, and the
annexation once passed, automatic when you’re annexed you’re supposed to
hook to the water, too, but we’ll give you until October 30, 2000, to hook to the
water.
Werth: I understand, but when do I (inaudible) right away?
Bird: You have to apply. Gary –
Meridian City Council Meeting
October 3, 2000
Page 30
Smith: Mr. Werth, you need to come to the City Planning and Zoning Office and
pick up an application and make application for annexation. That starts the
process.
Corrie: Thank you.
Werth: Thank you.
3. Award of the Meridian Ustick Reservoir Landscape Project
Re-Bid:
Corrie: Item 3.
Smith: Thank you, Mr. Mayor, Council members. The third item is the request
for your approval in awarding a contract for the landscaping of the Meridian
Ustick Road Water Reservoir. We re-bid that project based on some problems
that we had on the original bid; namely, the low bidder did not sign his electrical
subcontractor as requested, and the – actually, the low two bidders did not do
that. The third bidder exceeded the estimate by a significant amount. The
project was re-bid. The two of the three bidders that bid the project originally re-
bid the project, and A to Z Sprinklers was the lower bidder of the two. The low
bid is $78,925. I can’t remember what the original bid was that we received. I
remember what the high bid was. It was around $125,000 that we cost outside of
– way outside the estimated amount. The bids were complete and conformed to
the bidding requirements. Our recommendation is the City of Meridian award the
contract for this project to A to Z Sprinklers of Boise, Idaho, for $78,925,
authorize the Mayor and City Clerk to sign a notice of award and subsequent
required contract agreements.
Corrie: Discussion, questions? Hearing none, I’ll entertain a motion.
Bird: Mr. Mayor, I move that we
*** End of Side 2 ***
Bird: -- and the Mayor to sign and the Clerk to attest.
Corrie: Motion has been made to approve A to Z Sprinkler for $78,925; authorize
the Mayor and City Clerk to sign the notice of award and the contracts. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
4. Award of the Plaza Sewer Rehabilitation Project Bid:
Corrie: Item 4 is the award of the Plaza Sewer Rehabilitation Project Bird. Gary.
Meridian City Council Meeting
October 3, 2000
Page 31
Smith: Thank you, Mr. Mayor, Council members. We opened bids on this sewer
rehab project which is a sewer line in the alley between Idaho and Pine and
between Pine and State, excuse me – between State and Carlton. These bids
were opened September 28
th
. This is a replacement of existing sewer line and
we received four bids as shown on the memo that Brad Watson put together.
There were two schedules. One was open cut and replace the sewer line. The
other schedule was what’s called light bursting which is replacing the pipe
without excavation. The low bidder was Bodiford Construction out of Boise.
They bid the same amount for Schedule 1 and Schedule 2. The second low
bidder is Walton, Inc., out of Hayburn, Idaho. They are a pipe-bursting contractor
only. Third bidder was Brown Construction out of Nampa. At this point we’re not
exactly sure whether we’re going to use the open-cut, replace pipe method or the
pipe bursting. The low bidder, Bodiford Construction has indicated that he may
want to do both. One alley is more conducive to the pipe bursting, and the other
alley, because of the number of services that are on the sewer line, and he is
capable of doing both. We haven’t made that final decision yet, but since the bid
price was the same for both schedules, we’re requesting an award of the bid to
Bodiford Construction for the amount that he bid of $70,352. This is subject to
their satisfactory evaluation of their references and the qualifications of their
license. Brad’s in the process of doing that. But we’ve had extensive
conversations with them, Mr. Bodiford, and also with Walton. Because of the
rather restricted working area in the alley, also we’re scheduling the project in the
alley between Idaho and Pine to coincide with the Plaza project that’s presently
under construction with the Parks Department. Along with a vacation of a portion
of the alley that Benoit is doing with those two buildings. So there are three
projects that are underway at basically the same time period which would be the
alley sewer, the Plaza Park, Generations Park expansion, and the buildings that
Benoit is going to construct.
Anderson: Mr. Mayor, I’m not familiar with this pipe-burst method. Could you
maybe explain that a little bit? Does that have a good as life expectancy as
digging it up and putting a new pipe in?
Smith: Yes. It’s – obviously a different method, totally. The pipe is broken with a
device that is pulled through the existing pipe which is vitrified clay pipe in this
instance. Fortunately the vitrified clay is very brittle. Once it starts to break it
breaks very easily, and they’re short lengths between their joints. A high-density,
polyetheline pipe then is fed into a manhole following the bursting device, and it’s
just pulled along, follows the same gradient of the existing pipe, and the pipe is
just burst enough to pull the new pipe through. Then when you get to the
manhole, it’s – as you get to manholes, it’s disconnected – not disconnected – a
connection is made at the manholes with the new pipe. You have to go back and
your services are located previously by television camera, located footage-wise
from the manholes, go back and excavate for your service lines. One of the
concerns that I have about the in-place pipe replacement or the pipe-bursting
Meridian City Council Meeting
October 3, 2000
Page 32
was to make sure that we maintain service to the residents on the present sewer
so there wasn’t that long interruption of service. I’ve been advised by the
contractor that they’ll actually go in, expose the service lines ahead of the actual
pipe-bursting so that when the pipe is pulled through, the service lines can be
immediately disconnected and replaced. They estimate that the length of pipe
that they would burst will take about three hours to complete before they start
disconnecting and re-connecting the service lines.
Anderson: Going in the same diameter as (inaudible) part?
Smith: Yes, correct. The pipe itself is just very aged. It’s vitrified clay, as I
mentioned, is brittle and it cracks. When we did some sewer rehab projects in
the late ‘70’s in Meridian, all the pipe that was replaced as vitrified clay. It was
replaced because it was cracked, longitudinal cracks, permitting ground water to
infiltrate. We’re doing this project, one, because of the alley improvements being
done by Generations Plaza and the Benoit building; and, second, other project
location is because of the other vitrified clay
Anderson: Mr. Mayor, given Gary’s explanation, I guess I would go ahead and
make a motion to award the bid for the Plaza Sewer Rehabilitation Project to
Bodiford Construction of Boise in the amount of $70,352 and authorize the Mayor
to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made and seconded to award the Plaza Sewer Rehabilitation
Project to Bodiford Construction in the amount of $70,352. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
5. Request for extension of existing contract for Brown
and Caldwell for Wastewater Plant QAQC:
Smith: Thank you, Mayor, members of the Council. The last item I have is a
request for an increase in a contract amount that Wastewater Department has
with Brown and Caldwell Engineering for the operation of a laboratory quality
assurance manual. This was a requirement that EPA placed on us through our
last MPDS permit.
Bird: Excuse me. The last thing we got – City Water Residents turn-off.
(inaudible). We didn’t get that. Did anybody get –
(inaudible discussion amongst Council members)
Corrie: This one that we’ve got will be on the next.
Meridian City Council Meeting
October 3, 2000
Page 33
Smith: That’s on the turn-off?
Bird: I’m trying to read with you, Gary.
Smith: Mr. Mayor, do you have a copy of the letter from Brown and Caldwell at
all?
Bird: We do. The attorney had one.
Smith: I can make some copies of this if you like. Brown and Caldwell ran into
some difficulties in some extra work required to complete this laboratory quality
assurance manual beyond the scope that they originally contracted for. In order
to satisfy the requirements from EPA Region 10, it almost sounds like our
Wastewater Treatment Plant placed a little more workload on them also through
their laboratory supervisor Brian Wright and our superintendent John Shawcroft
that Brown and Caldwell’s requesting an addition of $2,000 of their contract
amount to complete this manual. That’s all the information I have.
Bird: Mr. Mayor, Gary, what was the – what had they been contracted to – was it
EPA or our people that caused to get out of the scope of work that they had bid?
Smith: I think it was a combination of the two, Councilman Bird. From the letter
that Pat Brown wrote, which I have a copy of – by the time I got this reviewed, I
wasn’t able to catch up with Mr. Shawcroft. I had the same question in my mind
as to why the change occurred. In reading the letter that Pat Brown wrote, I think
it’s pretty evident that the scope changed on them from a combination of the
quality assurance officer from EPA and Brian Wright, our laboratory supervisor
and our wastewater superintendent that there was some additional work required
of Brown and Caldwell to complete the manual. I’m sorry, but that’s all the
information that I have. I don’t –
Bird: Mr. Mayor, Gary, as I read the letter here, that is an estimate of labor,
expense, of $2000 –
Smith: Yes, sir.
Bird: And then down below it says an estimate of direct costs not to exceed
$200?
Smith: Yes, sir.
Bird: So we’re looking at $2200? Not to exceed $2200?
Smith: Well, as you point out, the $2000 is an estimated labor expense to
complete that. The $200 is a not-to-exceed. Yes.
Meridian City Council Meeting
October 3, 2000
Page 34
Bird: So how do we approve something like this without saying “not to exceed
$2200?” Because $2,000 is an estimated cost.
Smith: I think at this point, well, I guess you can do it on a time-and-material
basis with an estimated amount of $2,000. That’s – if that’s going to run over
that they could bring that back to us for – to plead their case for any amount
beyond that estimate.
Bird: So –
Smith: We’ve had our other engineering contracts – there are some portions of
those that are time-and-material expense with an estimated amount. There are
other items that are lump sum not to exceed. Direct costs are generally
estimated because they’re not exactly sure what the direct costs are going to be.
Bird: This is just an estimate on labor. I’m sure it’s pretty close, but it could run
over. How do you want – do you want to do it on a time-and-material and the
direct costs not to exceed $200? Is this is a company you work with enough that
you feel secure with it?
Smith: John Shawcroft has worked with them quite a bit. I think we could put – I
guess you could do it either way. You could set it up as a not-to-exceed $2000
on the labor.
Bird: Mr. Mayor, I move that we approve the request for extension of the existing
contract for Brown and Caldwell at the Wastewater Plant, QAQC, with the labor
not to exceed $2,000 in addition and the direct costs not to exceed $200 for a
total of $2200.
Corrie: Do I hear a second?
McCandless: Second.
Corrie: Motion is made and seconded of the request for an extension of the
existing contract for Brown and Caldwell for the Wastewater Plant, QAQC, by the
motion of Mr. Bird. Any further discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES
Smith: Thank you, Mr. Mayor, Council.
Corrie: With that, if there’s nothing else on the agenda.
Meridian City Council Meeting
October 3, 2000
Page 35
McCandless: Mr. Mayor, I don’t know the code section by heart, but I am asking
for an Executive Session to discuss the salary issue, and I would like to – okay. I
would like to include Bill Gordon.
Corrie: Motion made to go into Executive Session of the Idaho Code Section 67-
2345, subsection C. All those in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: I’ll entertain a motion to come out of Executive Session.
Bird: So moved.
McCandless: Second.
Corrie: Motion made to come out of Executive Session. All those in favor say
aye.
MOTION CARRIED: ALL AYES
(Meeting reconvenes from Executive Session at 10:20 p.m.)
Corrie: Came out of Executive Session at 20 minutes after 10. No decision was
made in the Executive Session. Council, any discussion? Hearing none, I’ll
entertain a motion on –
McCandless: Mr. Mayor, you’re confusing me. I move that we instruct our
attorney to draw a resolution paying an extra 95 cents an hour to the two K-9
officers who are maintaining their dogs; that he do this by putting an asterisk on
the step-program by the names of those two with the explanation.
Corrie: No, no.
Bird: Cherie, excuse me a minute.
McCandless: Would you do it?
Bird: Cherie, seriously, we don’t want to limit it to two. We just want an asterisk
that any K-9 officer will receive a 95-cent per hour worked for –
McCandless: It’s not per hour worked, is it?
Bird: Per hour worked, yes.
McCandless: Ninety-five cents an hour, period.
Meridian City Council Meeting
October 3, 2000
Page 36
Bird: Ninety-five cents an hour for K-9 duty, period, and for patrolman, sergeant
and detective. That’s it.
Corrie: I think that does it anyway.
Bird: I’ll second it.
Corrie: Motion made by Councilwoman McCandless and seconded by
Councilman Bird to the motion as stated, and the attorney will draw up the
appropriate form. Okay. Any other discussion? Hearing none, all those in favor
of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: I’ll entertain a motion to adjourn.
Bird: So moved.
De Weerd: Second.
Corrie: Motion made and seconded. All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 10:25 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
ROBERT D. CORRIE, MAYOR
WILLIAM G. BERG, JR., CITY CLERK