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HomeMy WebLinkAbout1995 08-01MERIDIAN CITY COUNCIL TTeRam" TUESDAY, AUGUST 1, 1995 — 7:30 P.M. CITY COUNCIL CHAMBER MINUTES OF PREVIOUS MEETING HELD JULY 18,1995: (APPROVED) 2. TABLED JULY 18,1995: PUBLIC HEARING FOR CONDITIONAL USE PERMIT FOR MIXED, PLANNED BUSINESS AND RESIDENTIAL LAND USES BY E.L. BEWS: (TABLED UNTIL AUGUST 15, 1995) � •I i a � • 1 i i' y � l' • 9. PRELIMINARY PLAT •. PACKARD SUBDIVISION BY E •M• .• CONSTRUCTION l : • 18,1995): (APPROVED WITH CONDITIONS) 41. RESOLUTION #161 — PICNIC SHELTER RESERVATION FEES: (TABLED UNTIL AUGUST 15, 1996) 11. NON—DEVELOPMENT AGREEMENT FOR CHAMBERLAIN ESTATES NO. 1: (APPROVED) -� � • ar•-•7' �a i 1• .• � Xrtri is 14. DEPARTMENT REPORTS: A. GARY SMITH, Y ENGINEER: 1. SEWERAAIATCR LATE COMERS AGREEMENT FOR SPORTSMAN POINTE (APPROVED) 2. CHANGE ORDER REQUEST FOR BOILER AND DIGESTER NO. 1 REHAB: (APPROVED) 3. STRIPING ON EAST SECOND STREET: 15. EXECUTIVE SESSION: MERIDIAN CITY COUNCIL AUGUST 1, 1995 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: MEMBERS PRESENT: Wait Morrow, Max Yerrington, Bob Corrie, Ron Tolsma: OTHERS PRESENT: Wayne Crookston, Gary Smith, Shari Stiles, Chief Gordon, Bruce Stuart, Anna Doty, Ted Hutchinson, Malcolm MacCoy, Helen Sharp, Dale Sharp, Robert Donahue, Ali Bonacta: MINUTES OF PREVIOUS MEETING HELD JULY 18,1995: Kingsford: Are there any changes to those minutes? Tolsma: Mr. Mayor 1 move they be approved. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the July 18th minutes, all those in favor? Opposed? Kingsford: I understood Mr. Morrow was going to have a representative from APA? Morrow: Apparently he is not here as of yet, so we will just press on until he gets here. ITEM #1: TABLED JULY 18,1995: REQUEST FOR ANNEXATION AND ZONING OF C- G FOR 74 ACRES BY E.L. BEWS: ITEM #1: TABLED JULY 18, 1995: PUBLIC HEARING FOR CONDITIONAL USE PERMIT FOR MIXED, PLANNED BUSINESS AND RESIDENTIAL LAND USES BY E.L. BEWS: Kingsford: Entertain a motion to table those until the next meeting. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to table items 1 and 2 to the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council August 1, 1995 Page 2 ITEM #3: TABLED JULY 18,1995: FINAL PLAT: WATERBURY PARK SUBDIVISION NO. 5,52 LOTS BY RAMON YORGASON: Kingsford: The engineer has requested it be tabled until the next meeting, entertain a motion to that effect. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table item 3 until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ENGLEWOOD SUBDIVISION BY REWABHAI PATEL: Kingsford: Any question about those findings? Tolsma: Mr. Mayor, I move we approve the findings of fact and conclusions of law for the variance request for Englewood Subdivision. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the findings of fact and conclusions of law as written for Englewood Subdivision, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Tolsma: Mr. Mayor, that it is decided the variance from 11-9-6041 1 is hereby granted and that the plat must be recorded on or before April 5, 1996 at the requirements of 11-9-616 shall be complied with, with the one year to begin construction or commence start as of April 5, 1995. Kingsford: I think that should be 1996, amend that to 1996. Meridian City Council August 1, 1995 Page 3 Tolsma: 1996 Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: ORDINANCE #707 - W.H. MOORE ANNEXATION/ C -G: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Who is out of order over there? Crookston: I am, we are just discussing your change of 1995 to 1996 on the previous agenda item. That should be April 5, 1995, then they have one year to commence construction. But the one year starts as of April 5, 1995. Morrow: It would terminate as of April 5, 1996. Kingsford: So it is correct as written? Crookston: Yes, I think you need a motion to accept it as written. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to approve the decision as written ,all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Is there anyone from the public that would like to have ordinance #707 read in its entirety, this is for the audience's information property just to the west of the Sandman Motel. Half of that was annexed and half of it wasn't. Seeing no one I would entertain a motion to approve. Meridian City Council August 1, 1995 Page 4 Tolsma: Mr. Mayor I would move we approve Ordinance #707 for the W.H. Moore Annexation with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of Ordinance #707 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: Seeing our representative from APA, maybe, Walt if you would introduce him and the Council can hear those comments. Morrow: Ali is here from APA to give us a briefing on the traffic study and the ongoings there with respect to the interchange and the surrounding land use planning at Eagle Road, the freeway, Overland, Franklin and those four quadrants. So he will bring us up to speed as to where APA is with that. Ery Olen if you recall was here 30 days ago requesting our cooperation with the study. What Ali is going to discuss is where that study has come to. Bonacta: Thank you Mr. Mayor and members of the Council. I am Ali Bonacta, project manager with Ada Planning Association. About a month ago ACHD requested Ada Planning Association to look at the traffic situation at the intersection of Eagle Road and 1--544 ramps. The reason for that I think was there were several development proposals for that area and what ACHD was getting was individual studies for individual land use purposes. They had one study for the so called power center mall. They had one study for the St. Luke's facilities, and they needed to know the cumulative impacts of all of these developments as well as the spin off developments that these proposals will generate. They didn't have any studies that would take into consideration the total effects of these proposals. That is what APA did, we looked at the ultimate and complete build out of four square miles around the intersection of Eagle and Overland. I have some handouts here for you to look at. What we looked at was the complete build out of these four square miles. Northbound being Franklin on the east side being Cloverdale, south side being Victory and west side being Locust Grove. We looked at the complete build out by year 2015. Taking into consideration all the development proposals and the spin off I should say possible spin off of the known development proposals. To come up with the land use projections we hired Smith and Associates, E.J. Smith. She contacted several of you, I think she has talked with Councilman Morrow, Councilman Yerrington, and to the Mayor and also with the City staff Shari Stiles and I don't if she talked to Gary. And also Meridian City Council August 1, 1995 Page 5 consulted the City of Meridian Comprehensive Plan. She also talked to the developers and landowners of the area and based on this information she came up with a land use projection and complete spin off development of the area. Those are on that first table that you see on the second page. She is going by traffic analysis zones and for each quadrant given the possible spin off development and the land use proposal if there was any available. We usually, we use the trip generale which is the standard manual for these types of studies across the country. We came up with the number of trips that all of these developments is going to generate. We came up with 257,000 trips per day, that would be in year 2015, generated by complete build out of that four square miles. The first map that you see shows you the existing traffic volumes along the area and on 1-84. Then we entered those into the travel forecasting model that we have. The model takes into consideration background traffic as well as the site generated traffic. I came up with some should say high numbers for Eagle Road, for 1-84, for Overland and Cloverdale. Our conclusion at this point is that if the area if the roadways in the area is not expanded there will be severe congestions with these types of developments in that area. As a matter of fact we ran the intersection analysis, calculated the level of service on major intersections in that area and they all came level of service F which is not acceptable at all or worse than that. Again that was given the existing configuration of the intersection and even the existing capacity without any expansion. ACRD has received this information and it is up to them to translate these traffic volumes into the capacity that is needed to accommodate these types of traffic volumes. This study by no means is going to repudiate the studies that have been done by consultants previously. Again those studies looked at one single use and we looked at a total build out of four square miles. As a matter of fact I support the study that has been done by Bell Walker for the power center, I entered the numbers into the model and I arrived at the same numbers that the consultants came up with. But it is the nature of the 2 studies that are different. That is why we came up with these high numbers. Any questions? Kingsford: Ali, have you looked at a build out, I guess I am thinking about the Town Square Mall area now, which is build out pretty much four square miles over there. I can't think that they generate 200,000 trips. Bonacta: I wouldn't say that the Boise Square Mall is the developed completely out on four square miles, I don't think that it is there yet. It is not four square miles and it is not as densely developed. Kingsford: I mean the four square mile area around that is pretty much developed out. If you take, well I guess you could argue that Maple Grove has got some open space. But certainly from the Town Square Mall and go on to the east there is certainly area that is developed out much denser than what this will likely be by 2015. With the number of cars that we have in Ada County I can't believe that they are generating currently 257,000 trip Meridian City Council August 1, 1995 Page 6 days. Bonacta: Mr. Mayor, members of the Council, as you mentioned, there are still a considerable number of vacant lots around Boise Mall area. If we want to compare with this situation it would be that all of the area south of the Y intersection would be completely built out and out on Overland south of the Mall would be built out. These are based on a complete build out. Meaning that we did not leave one parcel vacant in that area. You are right it may not happen by year 2015 but this is the for the lack of a better term, the worst case scenario. That if everything is completely built out by year 2015 that is what is going to happen. Kingsford: What is the traffic classification at Town Square, Cole and Franklin? Bonacta: In terms of level of service, during peak hour level of service F. Kingsford: I guess to carry and maybe this is barking up the wrong tree, but to carry my analogy a little further, any four block area in downtown or four square mile area in downtown Boise that is developed any study's been done to see how much trip generation they cause? Bonacta: I haven't looked into that, then again, if we compare with downtown Boise we are comparing small shops and a mall with the medical facility. Those are not equal, the small shops generate much fewer traffic. I am talking about the same size than a regional mall. Kingsford: I guess what I would suggest is that if you only have a certain number of people you are only going to have a certain number of trip days. I can't believe that four square miles here are going to generate that many trips unless we have a lot more people. I recognize that your projections call for the valley to be something in the neighborhood of what? Bonacta: 300,000 and some, that is the background traffic and plus site generated traffic. Morrow: Mr. Mayor, I want to suggest that quite candidly the power to make these projections correctly or incorrect is with this Council and future councils. Very candidly some of the things that we table tonight by virtue of their proposed plans outs would make the densities of those grounds substantially greater than anything that you are trying to compare to as we speak here this evening. As you being to look across and consider what four square miles is, the Highlands Ranch and their desires for PUD and build outs that I heard this afternoon would be the densities greater than anything that you are comparing to. So, in this particular study is a worse case scenario this Council and future Councils have it within their hand to make these numbers either real valid or downsize the densities Meridian City Council August 1, 1995 Page 7 and make the numbers lesser than what they are here. Certainly we are beginning to see proposals that if they continue as the preliminary proposals are that these numbers will become valid. So, I understand what you are saying and certainly there is not 250,000 trips in the Town Square area now. But also this area compares on the south side of that freeway and the Town Square Mall area there is virtually little or no development or it is very low density when you consider going all the way to Victory Road which is what the comparison is for this area. So, I can see a scenario with this on the top side and with a substantially lesser number on the bottom side and it will be up to government as to what it is going to be. As I read the information that Ali is giving us tonight and in comparison to a couple of the other issues that we have dealt with. Kingsford: Of course over at Town Square you wouldn't get to Victory because you are not going to Franklin because you are starting at Fairview essentially. It should go from Fairview to Overland. Morrow: In the Town Square you can make a case for Victory because you have access by virtue of Maple Grove. You are taking Franklin and you are going a mile south of Franklin which would put you to the south side of Overland and of course the mile west would put you to Five Mile and you have got a substantial amount of office space between Franklin and Fairview bounded by Maple Grove and Five Mile that is yet to be developed. When you go over and look at the old movie houses and movie drive in theaters, there is 15, 20 acre parcels associated with those that have yet to be developed. So, the scenario here is believable as I have read these numbers. It is up to us as to what we want. Kingsford: I suppose, I just have difficulty believing that four sections are going to develop 257,000 traffic or trips days. If you have 300,000 people in Ada County. Morrow: If you use high density housing you certainly could get very close to that. Kingsford: Well, you are going to have more than 300,000 people is what I am saying Morrow: It is possible. Kingsford: Any questions for Ali? Corrie: Mr. Mayor, listening to the conversation I have a kind of agreement with both of you. I think that I would like for the developers of this area to also in the preliminary think about alternate transportation facilities. Looking at the power mall, when I was down in your office it was not very pedestrian friendly I didn't think. I think that is the point that we should encourage those people to look at alternate transportation in their preliminary plans. You can go either way here as Walt said, and the Mayor said. I think it is easier to Meridian City Council August 1, 1995 Page 8 do it now than after the fact. So we should encourage them to do that from our stand point. Thank you. Kingsford: Any other comments or questions? Thank you Ali. ITEM #6: ORDINANCE #708 - LEEANN LONGSON ANNEXATION/ C -G: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE N. 300 FEET OF THE E. 95 FEET OF LOT 5 OF PLEASANT VALLEY SUBDIVISION NO. 2 SECTION 8, T.3N, R.1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #708 read in its entirety? Seeing none I would entertain a motion. Yerrington: Mr. Mayor, I move for the adoption of Ordinance #708 with the suspension of the rules. Morrow: Second Kingsford: Moved by Max, second by Walt to approve of Ordinance #708 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington -Yea, Corrie -Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING THE NW 1/4, SE 1/4 OF SECTION 5, T.3N, RAE, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #709 read in its entirety? Counselor do you have a copy? Crookston: (Ordinance Read Aloud See Tape for Discussion) Kingsford: Is there a motion on the ordinance? Morrow: So moved Yerrington: Second Meridian City Council August 1, 1995 Page 9 Kingsford: Moved by Walt, second by Max to approve of Ordinance #709 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea • �. ITEM #8: PRELIMINARY PLAT FOR PACKARD SUBDIVISION BY PNE/EDMONDS CONSTRUCTION (TABLED JULY 18,1995): Kingsford: Does the Council have questions of the developer or his engineer? Morrow: I have some questions of staff, at our last meeting the proposal was made by the development team and their representative to talk with reference to the cost of maintenance for a temporary lift station. The number was bantered about that in Boise that cost was $4000 approximately per year. Were we able to come up with any approximate numbers here in terms of what it would cost to maintain a lift station? Smith: Councilman Morrow, I don't believe that I received any information from the Waste Water Department on that subject. Morrow: Okay Kingsford: Other questions of the Council? Corrie: Mr. Mayor, just for my own edification, I believe that was stated by the developer that would be paid for by them until it is changed to the other subdivision? Kingsford: I believe that was by their engineer more precisely is that right? Morrow: Mr. Mayor, I would move that we approve the preliminary plat for Packard Subdivision by PNE/Edmonds Construction with the following conditions, be subject to staff conditions, ACHD conditions, a development agreement, a lift station maintenance agreement, and fencing of the north boundary. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the preliminary plat of Packard Subdivision subject to staff requirements being met, ACHD requirements, a development agreement being agreed to, lift station agreement and fencing of the north boundary, all those in favor? Opposed? Meridian City Council August 1, 1995 Page 10 MOTION CARRIED: All Yea ITEM #9: RESOLUTION #161 - PICNIC SHELTER RESERVATION FEES: Kingsford: We don't have one, did we not get a resolution for the picnic shelter fee? Crookston: I did not prepare one I did not know that was requested. Kingsford: Well, who put it on the agenda? I would entertain a motion to table it until the next meeting. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to table the Resolution #161 until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Crookston: Do you wish to have me prepare that? Kingsford: It would be hard for us to take a look at that and adopt it if we don't have one. Is there a motion for the Council to have the Attorney prepare that resolution? Tolsma: So moved Corrie: Second Kingsford: Moved by Ron, second by Bob to have the City Attorney prepare Resolution #161 Picnic Shelter Reservation Fees, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: REQUEST FOR EXTENSION OF FINAL PLAT FOR TURTLE CREEK SUBDIVISION: Kingsford: Does the Council have any question on that? I don't see Gary Lee, did you all receive the letter of that request? Yerrington: Mr. Mayor, I move that we grant this request for a one year extension. Meridian City Council August 1, 1995 Page 11 Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of the request for a year extension on Turtle Creek final plat, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: NON -DEVELOPMENT AGREEMENT FOR CHAMBERLAIN ESTATES NO. 1: Kingsford: Does the Council have any question on that? Mr. Smith Smith: Mr. Mayor and Council members, I told the developer's representative that I would be here and I would carry this through for you and answer any questions that you might have. You have in front of you a copy of the Non -Development Agreement, this is basically the same language that we have used on Bedford Place and Summerfield No. 2. 1 have a little drawing and you can visually see what lots are involved here. The lots that are shown in the heavy boundary line are those that will be developed. The Non -Development agreement speaks to those lots that are outside of that heavy boundary line. The reason that this non -development agreement is so lengthy is because the subdivision is not yet recorded. When I talked to Wayne about it we felt that it would be better to refer to it by a meets and bounds description rather than leaving a blank where the recording number would be. The very last page of your packet has a, is a sheet which if the subdivision was recorded would be used in lieu of the first two sheets that you have in the agreement that contains primarily the legal description, meets and bounds legal description. But again Wayne and I felt that it would be better to refer to this area as meets and bounds and also reference those lots that would be non-developed. Kingsford: Any questions of Mr. Smith? Morrow: I only have one question, with respect to and it appears to me from the street that Mr. Howell has done everything that he said he would do with respect to the retention pond. Smith: Yes Morrow: You are totally satisfied that everything has been done as you and I had discussed in terms of solving that problem? Smith: I believe so Councilman Morrow, he did build a cedar fence along the north, south and west sides of that pit, the retention pond. I opened the gate one day when I was out in that area and looked at the pond itself. The side slopes appear to be graded to what Meridian City Council August 1, 1995 Page 12 was required. At the time I was there there was no water in the pit. I haven't been back to observe it again. I don't think we have received any calls, have we Shari, no. Kingsford: Well according to them and as well as their engineer, supposedly the only time there would be any water in there is from street run off which hasn't necessarily occurred. The problem before had been from irrigation there were some problems before. Smith: Correct and they have bermed up around it on both the north and south side. I can see that from inside the enclosure. Tolsma: We are not going to run into a problem with water and sewer lines (inaudible) Smith: The water line will come from Locust Grove Road into the Subdivision and it will dead end at the ends of the stub roads to those lots that won't be developed at this time. Tolsma: That is not going to affect anybody else on either side of this? Smith: No, the only other subdivision that this connects to would be the Chateau Meadows Subdivision along the south boundary. It does have a stub street I think it is called Laughridge. That would connect Chateau Meadows to this subdivision and at that point the water line would loop through there. But not until Tolsma: (Inaudible) Smith: Yes, at that little stub street. Kingsford: Any other questions for Gary? If it is your desire to approve of that you need to authorize the Mayor to sign and the City Clerk to attest that non -development agreement. Tolsma: So moved Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the Non -Development Agreement and authorize the Mayor to sign and the City Clerk to attest, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Mr. Mayor, the developer has not yet signed this I did just get this copy of it today, so I will forward that back to their engineer and have him sign it before it comes back to Meridian City Council August 1, 1995 Page 13 ITEM #12: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing if you choose to you have the right to a pre- determination hearing at 7:30 P.M. August 1st, 1995 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your sewer, water or trash bill is delinquent. You may retain Counsel. This service will be discontinued on August 16, 1995 unless payment is received in full. Is there anyone from the public that would like to contest their sewer, water or trash delinquency? Seeing none I would entertain a motion to approve the turn off list. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the turn off list, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial Court pursuant to Idaho Code, even though they appeal their water will be shut off. The amount of the turn off list this month is $18,083.08. ITEM #13: APPROVE BILLS: Tolsma: Mr. Mayor I move we approve the bills. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve the bills, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: DEPARTMENT REPORTS: Kingsford: Mr. Smith Smith: Thank you Mr. Mayor, the first item I have to present to you tonight, I don't think Meridian City Council August 1, 1995 Page 14 that you have copies of it, Wayne has a copy of it. It is the latecomers agreement for Sportsman Pointe Subdivision developer who is the Westpark Company, Inc. This agreement has been signed by Greg Johnson who is the principal of that company and it is a latecomers agreement for a sewer line extension and a water line extension to serve that property. The properties of the Sportsman Pointe Subdivision is not included as a latecomers recipient in this agreement, but adjacent property which can be served by both sewer and water is included in the agreement. I don't know if you need any specific details I can tell you generally that the amount the developer is requesting reimbursement for is $107,400.11, there is approximately 526 equivalent residential units in that area that can be served by this extension which consists of 280.7 acres. Excuse me let me back up that is 1053 equivalent residential units and 280.7 acres. Wayne has drafted this agreement and has been working with my Assistant Bruce Freckleton in ironing out some of the details. I think Wayne met with Bruce this afternoon and resolved some minor issues. Kingsford: Any questions for Mr. Smith? Morrow: Tell me how a latecomers agreement works please? Smith: Certainly, if a development is not adjacent to an existing City sewer or water line then the developer is required to extend to and through his property. The process of that extension adjacent property will be served or can be served by that line. A latecomers agreement is a mechanism that allows the developer who has extended the water or sewer lines outside of this development to recover some cost of that extension when adjacent properties develop and connect to these extended lines. We have had a policy in the past that the developer cannot recover costs of the extension within his own development. (end of Tape) Basically we look at the area that can be served by the sewer and water line and the densities developed densities of those areas based on their zoning. Then we break that down into the number of the equivalent single family residential units, ERU's we call those. Then each development that comes into us for approval for construction that can connect to either the sewer or water line is assessed based on the number of equivalent residential units within that development whether it is residential or commercial or industrial. We factor it all down to a residential unit. This agreement has a sunset time of ten years and so it is written for a ten year period. After ten years goes by the agreement goes away. The developer may or may not recover all of his costs, whatever happens in the area as far as development is what he would see as a recoverable cost. The City can maintain or retain up to 10% of the latecomer fee for administrative cost purposes. And that is written and agreed upon between the City and Developer and written into this agreement as to how much the City is going to retain. Typically the latecomer fees that are collected are then reimbursed to the developer on a monthly or a quarterly basis. So he gets that money back at those increments over a ten year period of time. Meridian City Council August 1, 1995 Page 15 Morrow: So the City collects the money? Smith: The City collects the money and receives a fee. Morrow: Who pays the money? Smith: The initial money? Morrow: No, who pays, how do we collect the money? Smith: We collect the money at the time the building permit is taken out. Morrow: So the builder may or may not know when he picks up his building permit that there is an additional assessment charge? Smith: That is correct. Morrow: Which would be typical of things within the industry? Smith: Yes sir, it happens quite often. Morrow: So then we collect the money, the builder at point of building permit pays the money which is over and above what he would pay for his building permit impact fee and various other permits? Smith: Correct Morrow: Is there an escalator in terms of interest with respect to this? Smith: Yes there is, on October the 1 st which is the beginning of our fiscal year the latecomer fee amount is increased by whatever the prime rate is at a bank that is referenced in the agreement. Morrow: My point here is very candidly that there is tremendous misunderstanding with respect to the golf course and how those things are collected. The issue is that late comers are identical with what is going on at the golf course. So, I am after that explanation so that it is clear in everybody's mind that in terms of latecomer fees that we are doing exactly the same thing as what it is the City is doing at the golf course. The methodology of collection is the same, the interest upgrade is the same and so that is what am after here. Thanks for the explanation. Meridian City Council August 1, 1995 Page 16 Corrie: Mr. Mayor I also think I also know what you are after Mr. Morrow, but I would like to tell you that water and sewer is required by law, golf courses are not. Thank you. Kingsford: Entertain a motion on the latecomers agreement and authorize the Mayor to sign and the clerk to attest. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the latecomers agreement (Inaudible) Kingsford: You have something to say on this issue, on the latecomers agreement for this particular issue? Donahue: My name is Bob Donahue, most of you know me. Is there a thing drawn up that the attorney here can draw up an item on this here so if that subdivision owner can't rebuild on that land without excluding the fee. Do you get what I am after? He can form another company and go ahead with that subdivision and be scott free and still get the revenue off of the sewers. Kingsford: What he has done is already expended money for those sewer and water lines. Donahue: You don't get my point. A lot of these contracts and I have been in the contracting business a long time, what they do is they change hats and they come in with a different company and their name is not even in on it. I have $100,000 in bankruptcies with these jokers like that. I believe that the City lawyer should draw up an exclusion the fact that he or his family are in the building business and goes into that lot again under a different name or an assumed name, they do assume names, that he would be not titled to anymore of the money of the revenue from what he is asking. Morrow: I am sorry I don't understand. Kingsford: I am not following, you see what has happened here Mr. Donahue is that I think I get where you are going but that is not where we are at with this agreement. What happens here is this developer puts in sewer and water lines to and through his subdivision that are oversized, we have required them to be oversized so that other people could hook to them. Meridian City Council August 1, 1995 Page 17 Donahue: He don't get nothing from that right? Kingsford: Right, he will get money then the differential between what his development will use in that sewer and water line and what that cost him to extend that through his property that other people might benefit from. Donahue: Yes, but will he benefit from it again and double dip? Kingsford: Oh no Donahue: You are sure? Kingsford: Yes, our engineer has already calculated exactly how much capacity he will be using out of his lines that he has built and can only get back the differential that over and above and it also then has a ten year sunset so it can't go beyond that. He cannot get more back than what he put in over and above his development. Donahue: I wish it to be stated in the minutes then that I object to it becuase it is not written right. I would like a lawyer to take a good look at it that he would be not getting double duty for what he did. Him or his family. Kingsford: So noticed. It was moved and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Smith Smith: Thank you Mr. Mayor, the second item that I have is a change order request for the boiler installation and digester number 1 rehab at the Waste Water Plant. I will give you a copy of the request. I guess I already did that. This change order request consists of I guess there are three different parts, one is an addition of a combustion air damper and duct work for the boiler. The second item was a new gas line inside the digestor which was not discovered until after the digestor cover was removed and the inside was inspected. The third item is to reinforce the digestor thrust ring which is at the base of the steel digestor cover. And again we weren't able to see that until the cover was removed and was inspected. The item number 1, the combustion air dampers and duct work that was not included on the drawing as bid and it was discovered after the contractor was selected and the work was started. Typically my attitude from past years of consulting work is that when an item is not included on the drawings for a project but is found to be required after the fact that it is included as part of the project cost because my feeling is if it had been on the drawings the contractor would have bid it to be installed. The one Meridian City Council August 1, 1995 Page 18 issue that does come to mind though is that on change orders typically you pay a premium for the work that is to be done under a change order. I can't say that for certainty but think that is typical for the construction industry. Out of the $9,469, $5,390 was for the combustion air dampener and duct work. Kingsford: Is it your recommendation to approve the change order? Smith: Yes Crookston: Gary, on your comment about the additional cost at a premium, to do this work doesn't it have to be done at the same time that they are doing the work already? Smith: Yes Crookston: So, even if it cost a little more in regards to this particular contract it would be more expensive to have somebody else come back and do it and reopen the job would it not? Smith: Most probably yes. Crookston: I guess the best way to explain it, it is hard to stir what is in the pot until you take the top off, the lid off the pot. Smith: I would agree to that statement yes. Crookston: Had it been included in the initial bid it may have been, this addition may have been able to have been done cheaper? But to go back and re -bid it and have this contractor that is doing the work now do the work that was in the initial bid and have someone else come back a month from now and do it you are talking about doing many of the things all over again. Smith: Yes, very possibly, I don't know what all is involved to install these dampers and duct work but as cramped as everything is in that digestor building that is very true. Of course as you mentioned the cost of this would have been less had it been bid. We have got, our consulting engineer has looked at this, at all of these items to determine the appropriateness of the cost. He has recommended onto me that this is a reasonable number. Kingsford: I think counselor your discussion there just supports what Gary is talking about that they usually are. Particularly bidders (inaudible) get a chance to make some of that up. Is there a motion to approve the change order. Meridian City Council August 1, 1995 Page 19 Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the change order request for the boiler and digestor number 1 rehab and authorize the Mayor and City Clerk to sign, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: I noticed one typo in there Gary, item 2 there, "replace existing gas line wich" I am trying to sharpen up my skills, school starts up pretty quick. Anything else Gary? Smith: I will mention it for your information only, I received a phone call from the owner of Elite Cleaners this morning. The lady, Arlene I think her name is, is concerned about having some striping painted for parking spaces along East Second Street to delineate the spaces because she is having a parking problem. I guess there are quite a few people that work at the telemarketing business and she can't get parking spaces for her patrons. And is asking the City of Meridian to paint some diagonal striping delineating the parking spaces so that when people are parking along East Second they are at least parking in some kind of a reasonable spacing. She had been in contact with Ada County Highway District and they said that it is now their policy to have individual cities paint parking space striping, that they will not do that. Morrow: On a City street they won't do that? Smith: That is what she told me. Morrow: When did that policy come about? Smith: I don't know. Kingsford: Would you look into that Mr. Morrow in the event that is true the have also said that signage was one of their least priorities. In the event that is true we may want to work that into our budget becuase we are going to have to re -stripe the Masonic Lodge in the next year's budget as well and that is just across the street. Morrow: That is on private ground. Kingsford: Correct, what I am saying if we can't get it done otherwise we want to go ahead and stripe it. Meridian City Council August 1, 1995 Page 20 Gordon: Mr. Mayor, two years ago we ran into the same problem and we did paint those diagonal lines in front of Sheila Kildow's establishment and also on Idaho Street which is now in front of the police department becuase ACHD would not paint parking lines. So it has been their policy for the last two years to my knowledge. We painted them the last time and they are worn out again. Morrow: Does Boise City have a painting department that paints their parking stalls on all of their city streets? Kingsford: You are going to look into that Mr. Morrow. Morrow: I thought maybe I would get a cheap answer here and not have to work so hard. Gordon: I have no idea, we did pay for the striping the last time. Morrow: I will research it. Kingsford: What is interesting about that is 1 am sure we can be held for any damage we've done and so forth. It is their streets. Morrow: 1 suppose we even have to have a permit. Kingsford: That wouldn't surprise me either. It still fires me up that we have to have a permit to cut the streets, another taxing agency is not right to the taxing public that you have to pay for cutting, a permit from ACHD for us to cut streets to work on our lines. But I have gone a round on that one so many times. After the first of the year somebody else can go around on it. Anything else Mr. Smith? Smith: No, thank you Mr. Mayor and Council. Kingsford: Chief? Gordon: Nothing your honor. Kingsford: Shari Stiles: Nothing Kingsford: Counselor? Crookston: Are we going to have executive session? Meridian City Council August 1, 1995 Page 21 Kingsford: We need to have executive session on a pending piece of litigation. I would entertain a motion to go into executive session to discuss that issue. Tolsma: So moved Morrow: Second Kingsford: Moved by Ron, second by Walt to go into executive session to discuss pending litigation, all those in favor? Opposed? MOTION CARRIED: All Yea EXECUTIVE SESSION Kingsford: (Inaudible) attorney pending litigation, entertain a motion at this time with regard to litigation filed against the Highway District, City of Meridian. Morrow: Mr. Mayor I would move that we instruct our City Attorney to notify ACHD that we do expect to be defended and indemnified by ACHD as that suit works its way through and to also keep us as a named party in the suit fully informed as that suit progresses. Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney inform the Highway District that we expect them to defend and fully indemnify the City and to keep them apprised of the activities of the suit as it works through the process, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Smith, you had one other thing you wished to bring before the Council. Smith: Thank you Mr. Mayor, I am sorry I forgot about it on my initial go around. We have got some engineering work that needs to be done at the Waste Water Plant and I have a proposal from Keller Associates and that is engineering firm that has been working on our filter addition and the ultra violet treatment addition that we recently did. I will pass this attachment out so that you can review it and see what I am talking about. The title of this proposal is a clarifier/headworks improvements. On the last page of that handout is a table that shows the projected cost summary for five different phases of the project. What 1 am in talking to the engineer I was concerned about the fee for the design portion. He made the suggestion that we go ahead with the predesign portion to better define the Meridian City Council August 1, 1995 Page 22 scope for the design section. Right now they are assuming some things to come up with that design fee. So the predesign phase is what I wanted to talk to you about tonight and that is what I have handed out a copy of the parts of the predesign phase that would be involved in arriving at what would need to be designed to upgrade the plant. This upgrade is what we are working towards as far as capacity of the plant is concerned of 4 million gallons per day on an average and 5 million gallons per day peak. All of these items tasks one through 8 well actually task one through seven are improvements that we need to make to increase the capacity of the plant. The amount on that is as shown on that table, I think it was item A, $14,510. Yerrington: How long would it take them Gary to complete this work roughly? Smith: Well, they didn't say Max, I am not sure. We are looking at 128 hours of engineer time, 24 hours of structural, some of those happen concurrently. Kingsford: I guess what Max may be after is what I am after, are we looking at having this anywhere near done so we can look at in the budget? Smith: Yes, we were trying, we are trying to get the engineering done so that when we go into the budget year next year we will have the engineering done and we can start project work. We start the budget year off with projects other than engineering. I think timing wise it will be good becuase we are in the time of year when contractors historically are not as busy in construction. Kingsford: I would entertain a motion then to approve of Forsgren or pardon me Keller Associates for predesign. Morrow: Mr. Mayor I would move that we approve of the $14,510 to Keller and Associates for predesign work for the clarifier/headworks improvements at the Meridian Waste Water Treatment Plant. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of Keller and Associates for the clarifier/headworks improvements in the amount of $14,510 for pre -engineering, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Did you think of anything else Chief? Meridian City Council August 1, 1995 Page 23 Gordon: No sir. Kingsford: Mr. Crookston, anything else? Crookston: No Kingsford: Walt? Morrow: Schedule for budget workshops? Kingsford: Will is out this week and I haven't got that. I think we are looking at beginning next week and the following week. Morrow: Tentative time, August is a big month. Kingsford: I guess as soon as Will is back next Monday if you guys would get with him as to your druthers, I can make myself available. Morrow: Could we maybe kind of pick something now becuase if he is back Monday we got to meet sometime next week. We are not going to have a lot of notice. Yerrington: We are going to be Wednesday and Thursday Grant. (Discussion Inaudible) Morrow: P & Z meets in here on Tuesday and you guys are gone Wednesday and Thursday, so Monday night it is. Kingsford: Will won't be back to put anything together for Monday so I think you are looking at Friday. Corrie: I won't be here Friday, Saturday or Sunday. Kingsford: We are looking at the 14th. (Inaudible) Kingsford: He will be home on the 7th but we won't have any information put together for us to work from. (Inaudible) Meridian City Council August 1, 1995 Page 24 Kingsford: They have P & Z in here and Max and I will be gone that afternoon or evening. Let's look at the 14th, that is a Monday. Morrow: I have to represent us at ACRD at 5:30 usually 5:30 to 7:30. Now if you want to set a time for a workshop to start at say 7:00 then I will make sure that I am out early. Kingsford: Does that meet with your guys approval, would you just as soon meet in the evening or afternoons, what is your pleasure? Let's look at that for 7:00 then on the 14th. And then schedule additional as needed off of that meeting. Anything else Walt? Morrow: No sir that is it thanks. Kingsford: Max Yerrington: Nothing Kingsford: Bob Corrie: Barbecue Friday night, Salmon Barbecue, everybody is welcome. (Inaudible) Kingsford: Mayors invitational is Friday, go play golf all day and go eat the salmon which is excellent and I will do a wedding in between. Also on Saturday the luau, I would encourage you to think about that. The first one was last and it was excellent. Not as well attended as it ought to be for as nice as it was. It has been kind of a follow up, dance luau thing. At the Centennial ball it was thought that we ought to get together more than once every 100 years and after some discussion and nobody else put anything forward Jennifer at the golf course did and it is kind of a marvelous event. We had people from Seattle to Twin Falls at that festivity and it well received. There was one neighbor that thought the music was a little loud, we will be a little further out there so maybe he won't be as offended. Anything else Max oh that was Bob excuse me. Ron? Tolsma: Nothing Kingsford: I would entertain a motion to adjourn. Yerrington: So moved Tolsma: Second Meridian City Council August 1, 1995 Page 25 Kingsford: Moved by Max, second by Ron to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:17 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) NT P. KINdSV0kD,4A1-. ATTEST: WILLIAM G. BERG, JR., CI? CLERK