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HomeMy WebLinkAbout1995 07-05MERIDIAN CITY COUNCIL AGENDA WEDNESDAY, JULY 5, 1995 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JUNE 20,1995: (APPROVED) MINUTES OF SPECIAL MEETING HELD JUNE 27,1995: (APPROVED) TABLED1. TABLED JUNE 20, 1995: FINAL PLAT FOR WINGATE PLACE SUBDIVISION NO. 2 BY D.W. INC.: (APPROVED WITH CONDITIONS) 2. JUNE 20,1995:FINAL PLAT FOR LOS ALAMITOS PARK SUBDIVISION REQUESTNO. 2 BY FARWEST DEVELOPERS: (TABLED UNTIL JULY 18,1995) 3. TABLED JUNE 20, 1995: FINAL PLAT FOR SALMON RAPIDS SUBDIVISION NO. 2 BY FARWEST DEVELOPERS: (TABLED UNTIL JULY 18,1995) 4. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE : D SHAMROCK PARTNERSHIP: ,2 rti,.• •, PLAT:5. FINAL PLAT: DANBURY FAIR SUBDIVISION NO. 5, 33 LOTS BY B.W. INC.: (APPROVED SUBJECT TO STAFF CONDITIONS) 6. FINAL DANBURY FAIR SUBDIVISION•ILOTS BY B.W. (APPROVED SUBJECT TO STAFFCONDITIONS) 7. ORDINANCE 0. READOPTING li (APPROVED) 3 A s DELINQUENCIES: (APPROVED) 9. APPROVE :ILLS: (APPROVED) DEPARTMENT10 REPORTS: A. GARY 1. UPDATE ON WATER PRESSURE PROBLEM: 2. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT: B. SHARI STILES, PLANNING & ZONING ADMINISTRATOR: 1. DEVELOPMENT •' GOLF COURSE. •t1 C. WAYNE CROOKSTON, CITY ATTORNEY: 1. LETTER TO BRIGHT CORPORATION: 2. AVEST CC&R'S (APPROVED) D. WALT MORROW, CITY COUNCILMAN: 1. CITY ATTORNEY TO WRITE LETTER TO OWNERS OF OLD MERIDIAN HIGH SCHOOL: E. BOB CORRIE, CITY COUNCILMAN: 1. GOLF COURSE DEVELOPMENT FEE: F. MAYOR KINGSFORD: 1. RENTAL AGREEMENT BY FIRE DEPARTMENT AND IDAHO DEPT. OF LANDS: (APPROVED) 2. REQUEST FOR 50% REFUND OF APPLICATION FEE FOR HIGHLANDS RANCH BY WESTPARK COMPANY: (DENIED) 3. MASONIC TEMPLE LEASE AGREEMENT: (APPROVED) MERIDIAN CITY COUNCIL JULY 5 1995 The regular meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: MEMBERS PRESENT: Walt Morrow, Max Yerrington, Bob Corrie, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Chief Gordon, Jim Johnson, Dan Torfin, Boy Scout Troop #210: MINUTES OF PREVIOUS MEETING HELD JUNE 20,1995: Kingsford: Council members you have had the minutes of the previous meeting held on June 20, any corrections to those minutes? Yerrington: Mr. Mayor I move for their approval. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of the June 20 minutes, all those in favor? Opposed? MOTION CARRIED: All Yea MINUTES OF SPECIAL MEETING HELD ON JUNE 27,1995: Kingsford: Are there any corrections to those minutes? Is there a motion for their approval? Corrie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve of the special meeting minutes of June 27th, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: I would like to welcome Boy Scout Troop #210 from Middleton with us this evening, it is a pleasure to have you gentlemen over. ITEM #1: TABLED JUNE 20,1995: FINAL PLAT FOR WINGATE PLACE SUBDIVISIONS NO. 2 BY D.W. INC.: Kingsford: Does the Council have any questions on the final plat for Wingate Place? Meridian City Council July 5, 1995 Page 2 Morrow: Why was that tabled at our last meeting? Kingsford: I think in part as a result of Mr. Smith's comments about water pressure. Is that true, were there other items from staff members. Mr. Smith and I discussed that at some length today and I guess 1 won't speak for Gary. I think we were comfortable that we have water, adequate volume and that well will be on long before. Morrow: And everything else is fine then as far as you are concerned and Shari is concerned? Smith: Mr. Mayor and Councilmen, the developers's engineer responded to my comments and they also came and met with Bruce Freckleton and myself concerning our comments. We resolved some of the questions that they had concerning our comments. I did want to make one comment though. The Highway District has seen fit to require the homeowners association to maintain storm water drainage facilities outside of the right of way. I thought I had an agreement with ACHD such that the homeowners association could maintain the surface of the drainage way if it was a common lot area so that, and then the Highway District would maintain anything that was sub -surface. They wanted the common lot so they had good permanent access to the subsurface facilities. They didn't want to have to fight something on the surface in order to get in and maintain the pipe or the seepage pit whatever it might be. I thought we had that worked and I recently had correspondence from ACHD on another subdivision and the individual that wrote the letter was saying otherwise. 1 did get a confirmation from them in fact just today whereby they say under specific criteria they will maintain the subsurface facilities as long as the surface is maintained by others. One of the conditions on this Wingate Place No. 2 Subdivision is the maintenance of the subsurface drainage facilities by the homeowners association. I don't have it ironed out with the Highway District apparently because of this last correspondence that I received from them. I don't know what their specific criteria is, haven't had a chance to talk to them about it. My personal feeling is it should not be up to the homeowners association to take care of drainage facilities underground. The water is generated on the Highway District's right of way, some of it of course comes from the lots from the hard surface of the driveways, perhaps the roofs of the homes. But at a greater extent it comes from the roadways themselves. I think it is an unfair burden to put on a homeowners association. That most generally doesn't function very well anyway because it is difficult for a group of people to get together and especially to take care of something like that. So, I am just letting you know that situation exists and they have this one set up to be maintained by the homeowners association. 1 guess if the homeowners association wants to do it that is fine. The developer is saying that now placing that burden on future homeowners. I just feel that it should be the highway district. That is the only comment that 1 had on this particular plat that has not been resolved completely. I think it is resolvable because we did get a favorable comment from the highway district on this Meridian City Council July 5, 1995 Page 3 other subdivision. Morrow: I guess from my perspective I have always been under the impression that was, these things that we were approving that ACHD was going to maintain the underground for the very simple reason that homeowners associations don't have that type of expertise, how would they know when it is working or not working and it needs to be maintained. So I guess if the rules are changing it appears to me we need to find out what the rules are going to be or what the criteria is going to be. Because I am not in favor of casting the burden on a homeowners association that I know doesn't have the expertise to do that, it doesn't make sense. Smith: I think we can get that information from them Councilmen, I don't have it in written format other than the facsimile that I received today from their development analyst commenting that there are specific criteria that need to be met in order for them to maintain the subsurface. I believe the criteria would be a common lot area above the facility so that the highway district does have good clear access for maintenance and not an easement. Morrow: Would this be blanket criteria or site specific for each subdivision. Smith: I'm not sure, I have to get that resolved. Apparently the only way I can do it is to try a letter again and see if I can get a response. Other than that everything looks fine. Kingsford: Mr. Corrie has APA taken any further lead in creation of a county wide drainage district. They discussed it at some length before. Corrie: It is just in the discussion stage now Mr. Mayor, there is nothing solid about it. They haven't even set up a committee for it yet but they have discussed it, that is as far as it has gone. Also Mr. Mayor if I may Shari, June the 18th you had some statements (inaudible) talk with the developer, have those all been taken care of particularly #10 and 11? Stiles: Councilman Corrie and Mayor and Council, I haven't had any response from the developer on these issues. I would assume that they would agree to all of these conditions if they haven't expressed any problem with them, we still do need to have the protective covenants reviewed that I guess would address what Gary is talking about prior to signature. Kingsford: Mr. Wood, have you reviewed those comments from Shari? (Inaudible) Meridian City Council July 5, 1995 Page 4 Kingsford: When you reviewed them did you have any problems? (Inaudible) Kingsford: Where are we at with the CC&R's? (Inaudible) Kingsford: Here are her comments if you don't have a copy of them. Council have any further questions for staff or the developer? Smith: Mr. Mayor, may I make a comment concerning the water pressure issue. We have, I think I mentioned this at the last Council meeting, we have changed sequence operation on some of the wells. Superintendent Stuart says he has noticed and our records indicated along with some people who live out in the area that the pressure has become more positive. We haven't resolved the complete issue yet but I think it is a short term situation. I don't think, and our consulting engineers that I have talked to that are helping us with our water system do not feel that it is a supply problem. Well No. 12 which has been out of operation for some time for rehabilitation is schedule to fire up tomorrow. It will pump water for a day or so before they turn it into the system. That alone is I think going to be a help in supplying water to the northwest part of town and eliminating or alleviating withdrawal of water from the northeast part of town and other parts of the City also. So, relating to the other final plats that were tabled for a similar reason my comments 1 think that we are in the same situation with them. The time as Mayor Kingsford mentioned, the time line between when these subdivisions are approved and construction takes place on site we should be in good condition for the pressure situation. Again, I don't feel that it is a supply problem, we have the water supply available. Kingsford: Certainly your information and I appreciate you providing that for myself and the Council would indicate that we use less water this year so far than we did a year ago and didn't seem to have as much of a pressure problem a year ago. Certainly the wells are not putting out what they are capable of by any means. Smith: They are not all running, generally speaking we have 3 wells running. Well No. 15 runs all the time, No. 10 is second well on and No. 8 and I think No. 11 falls in there close by. Those might be reversed, but anyway, three of the wells over the last 5 day period that Bruce was monitoring for me ran pretty much all the time. The other wells cycled on and off. One Well No. 7 and of course Well No. 12 is not operating, Well No. 7 did not come on at all. During that period of time there was one well in reserve at a minimum. Tolsma: Have you figured out how many gallons per minute really we had on reserve. I Meridian City Council July 5, 1995 Page 5 know CH2M Hill said we needed a 5% reserve capacity or something like this. Smith: No I haven't. Tolsma: But with the other wells how many GPM we could pump if we had to. Smith: With Well No. 12 and Well No. 16,16 will be on line in September, we'll have about 10,700 GPM capacity. Out of that you need to eliminate your large well in order to call it firm capacity assuming that you have one well down. Our large well is No. 15 which is pumping 1900 and some gallons per minute. Kingsford: Any other questions of the Council? Gary I appreciate you giving us more information we really needed. Is the Council prepared to take action? Morrow: Mr. Mayor I would move that we approve the final plat for Wingate Place Subdivision No. 2 subject to staff conditions. Tolsma: Second Kingsford: Moved by Wait, second by Ron to approve the final plat of Wingate Place Subdivision No. 2 subject to meeting staff conditions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED JUNE 20, 1995: FINAL PLAT FOR LOS ALAMITOS PARK SUBDIVISION NO. 2 BY FARWEST DEVELOPERS: Kingsford: Does the Council have any questions for staff or the developer on that? Morrow: I do, I have questions for the staff primarily Shari and Gary with respect to, there is a notation here, actually on both items 2 and 3 talking about pressurized irrigation being supplied by the subdivision as opposed to being supplied by the homeowners association or the Nampa Meridian Irrigation District. I would like to see that issue resolved and addressed by the developer. Given recent events with respect to these subdivisions in Meridian Greens I would like to see all that stuff as part of the record and on the record and in writing. So I would invite both Gary's and Shari's comments with respect to Los Alamitos Park Subdivision. Smith: Mr. Mayor, Councilman Morrow, this issue came to light from a developer contacting me by telephone and subsequently came to visit. The lending institution FHAVA that he was trying to get his loan secured through for his home buyer was very Meridian City Council July 5, 1995 Page 6 uncomfortable and apparently would not finalize the loan because of their uncertainty as to the regulation of the water user fees for the pressurized irrigation. The reason for this was because apparently the developer was going to operate and maintain the pressurized irrigation system. I told the developer that I didn't know how the rates were to be regulated or who was to regulate the rates. I also told him that there was no connection allowed by the homes to the City system for sprinkler water because their system is being provided with water from a well. Our policy has been that if well water is used for pressurized system there is no connection to the city system for sprinkler, yard sprinklers. The reason for that is because well water is always available and there is no reason for a connection to the City system. If it is a ditch water provision for the sprinkler systems then we are allowing a single point connection to the city system so that we can keep track of number one the water back flow prevention device, that is the most critical thing. We don't have a whole handful of devices to monitor and keep track, we have one at the pump station. Kingsford: On that light Counselor, in order for that developer to be the purveyor of irrigation water he would have to have PUC approval. I am talking about over 20 users and those rates would have to be regulated by the Public Utilities Commission. Crookston: Mr. Mayor I am not quite certain because it is not domestic water. It is basically irrigation water and I don't believe that the PUC let's say controls the various irrigation district. Their rates are not overseen by the PUC. Kingsford: But they were set up prior to the State. Crookston: Some of them. Kingsford: All the ones for this valley were. Crookston: I don't know, but that would be my only guess as to that question. Tolsma: It would not be that each lot has bought its own individual water rights that this developer once he sells the lot is not in control of the water rights anymore. He has to actually the sell the water rights back to the people (inaudible) if he is charging a fee for delivering irrigation water. Crookston: It is my understanding in this subdivision that he is using well water of which there would be no water rights, surface water rights at least to each lot. If it is well water then it comes from his source. Kingsford: I think even further he contended that at least in one or other of both of these subdivisions that there was not irrigation water available, that they weren't a part of any Meridian City Council July 5, 1995 Page 7 irrigation districts. Crookston: That is my understanding in one of either Los Alamitos or Salmon Rapids. Kingsford: Well, certainly that is something I would like to have ironed out prior to approval. 1 would caution the Council on getting involved in allowing businesses starting in the area of irrigation water distribution. Our intent is to limit the need of our domestic system, it is not to set up businesses for people out there. Morrow: I think there is a lot of gray area here. The other thing with respect to the PUC some years ago they did away the ability of an owner to resale regulated utilities such as water, power and those kinds of things in multi -unit complexes. So I think that all of these questions need to be addressed before we move on on either one of these. The other, Gary's site specific comments on item 1 it seems as of June 19th the plat doesn't conform with the previously approved preliminary plat. The acreage reported in the application appears to be an error because of this error the density of lots per acre are also in error. The preliminary plat that we have on record as approved is titled Sagehen Estates Subdivision a revised preliminary plat hasn't been submitted to the City as a result of public hearings and our comment process. Now that would seem to indicate to me everything that was done before the public forum or in the public arena here and hearings before us and the P & Z, if 1 understand this correctly has not been acted upon by the developer, is that correct Gary? Or just exactly what is being said here? Smith: The plat that was originally submitted as Sagehen Estates bears some resemblance, or the final plats being submitted now bear some resemblance to the preliminary plat. But there are some major differences that have taken place in lot arrangement, street alignment and so forth. Morrow: Thank you, Mr. Mayor, from my standpoint and for point of discussion I am not prepared to move forward on this item at all until all of these issues are resolved and resolved in witting and addressed. Particularly the inconsistencies with the plat and with the irrigation and the water issue. It doesn't make sense to me if we proceed forward. Kingsford: Under item 7, Gary, the FEMA floodplain, have you received any correspondence from FEMA on that. I know we have gotten 3 or 4 that I don't remember one specific to this subdivision. Smith: Mr. Mayor, the Nine Mile Creek, Nine Mile Drainage that basically bisects this property was not studied, was not included in the study area by FEMA. They have done some study work downstream and in fact found that it would be necessary to replace a culvert just to the north of Los Alamitos in order to get Nine Mile Creek through that Meridian City Council July 5, 1995 Page 8 roadway crossing. That has been done by this developer, he did commission a hydrologist to do that. It is kind of standard comment that we put on these subdivisions so we don't, so we do address the floodplain issue if it does exist. Kingsford: You started with something else Gary? Smith: I just wanted to mention that I have not heard from the developer or their representative concerning my comments at least. Kingsford: Have you heard from them Shari on your comments? Stiles: I have not had any response from the applicant or his representative on any of my comments. Most of them are relatively minor. I did talk to Marty Goldsmith today and didn't realize he was on the agenda tonight. I didn't have the agenda with me so he wasn't aware. But since Dave Roylance was at the last meeting I would have thought he would have informed him of what happened last meeting. Kingsford: Councilmen? Morrow: Mr. Mayor I would move that we table this proposal until our July 18th meeting. Tolsma: Second Kingsford: Moved by Walt, second by Ron to table until the July 18th meeting, discussion Mr. Corrie. Corrie: My question is Walt do you think that will be enough time for them to do all of that or is it going to take 4 weeks? Morrow: Bob it could easily take 4 weeks to iron everything out but I think at the very least that they ought to have an opportunity to present their case. Corrie: (Inaudible) Kingsford: Any other discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED JUNE 20,1995: FINAL PLAT FOR SALMON RAPIDS SUBDIVISION NO. 2 BY FARWEST DEVELOPERS: Meridian City Council July 5, 1995 Page 9 Kingsford: Some very strong similarities in the comments on those. Any further discussion or questions of staff? Corrie: Mr. Mayor, I move we table item #3 until the July 18th meeting. Yerrington: Second Kingsford: Moved by Bob, second by Max to table the final plat for Salmon Rapids Subdivision No. 2 until the July 18th meeting, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY WILD SHAMROCK PARTNERSHIP: Kingsford: Has the Council reviewed those amended findings? Corrie: Mr. Mayor, I just got them I am sorry, give me a second. Kingsford: What was with regard tot he fencing and tiling of the ditch. Is the Council prepared to take action on the findings? Morrow: Mr. Mayor, I move that we adopt and approve the findings of fact and conclusions as written. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the amended findings of fact and conclusions of law as written, 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? Morrow: Mr. Mayor, it is decided that the application for a variance from 11-9-605M is granted that the applicant shall not fence the Eight Mile Lateral. That the applicant shall place and construct the landscaping along the Eight Mile Lateral that its plan show. Meridian City Council July 5, 1995 Page 10 Yerrington: Second Kingsford: moved by Max, second by Max to approve of the decision on the findings, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT: DANBURY FAIR SUBDIVISION NO. 5, 33 LOTS BY B.W. INC.: Kingsford: Does staff have any questions of the developer or staff? Morrow: I have a question of Gary, site specific comments No. 2, street frontage of lots 47, 49 of Block 8 don't meet the minimum requirements for an R-8 zone. Please revise to provide a minimum of 65 feet or (inaudible) has that been addressed? Smith: Councilman Morrow, do you mean by the applicant? Morrow: Yes Smith: I haven't heard from them directly about it. I don't think that it is a problem. I guess I should say it needs to be 65 feet unless a variance is requested. I think they can get that alright. Morrow: The 65 feet? Smith: Yes Kingsford: Have you reviewed Gary's comments? (Inaudible) Morrow: You are agreeable to all of the site specific comments (inaudible) Kingsford: Dan would you come up so we have you on tape, we want to be able to hang our hat on what you said. Torfin: I have reviewed his comments, I just received the Planning Director's comments tonight but I think we can address all of those comments and make sure we have taken care of all of the requirements before the plat is signed. Kingsford: Any other questions for Mr. Torfin? Meridian City Council July 5, 1995 Page 11 Morrow: Same question, your pressurized irrigation is being handled by the irrigation or drainage district or homeowners association correct? Torfin: Councilman Morrow, Nampa Meridian Irrigation District we are in negotiations with them right now to take over the system. The main system is under construction right now and we should be firing our pumps up this week. Morrow: I have no other questions. Kingsford: Any other questions of the Council? Is there a motion? Morrow: Mr. Mayor I would move that we approve the final plat for Danbury Fair Subdivision No. 5 subject to staff conditions. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the final plat of Danbury Fair Subdivision No. 5 conditioned upon staff comments being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINAL PLAT FOR DANBURY FAIR SUBDIVISION NO. 6,12 LOTS BY B.W. INC.: Kingsford: Does the Council have any questions on No. 6? Morrow: You are agreeable to the same staff conditions and staff comments? Kingsford: For the record the answer was in the affirmative. Morrow: I have no other questions. Kingsford: Is there a motion? Morrow: Mr. Mayor I would move that we approve the final plat for Danbury Fair Subdivision No. 6 subject to completing staff conditions. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the final plat for Danbury Fair Meridian City Council July 5, 1995 Page 12 Subdivision No. 6 conditioned to all staff conditions being met, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Did you talk with Nampa Meridian, was it you that I got a correspondence from with regard to the standards that Nampa Meridian requires on irrigation? I apologize, I was thinking it was. I was going to ask if there have been any discourse between you on those standards. Torfin: (Inaudible) Kingsford: I thought if anybody knew what was needed it would be you (inaudible) Torfin: (Inaudible) ITEM #7: ORDINANCE #706 -READOPTING 2-1001: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 2-1001 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID SECTION PROVIDING FOR THE ADOPTION OF THE 1994 UNIFORM FIRE CODE AS AMENDED WITH CHANGES TO SECTION 2.303, 4.108 AND 10.507 H ARTICLE 78, ARTICLE 79 AND THE ADOPTION OF THE FOLLOWING APPENDIXES, 2-A, 2-F, 3-A, 3-B, 3-C, 5-A STANDARDS, 6-A HAZARDOUS MATERIAL CLASSIFICATION, AND 6-D UBC REFERENCE TABLES; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #706 read in its entirety? Seeing none I would entertain a motion on Ordinance #706. Yerrington: Mr. Mayor I move for the approval of #706 with the suspension of the rules. Corrie: Second Kingsford: Moved by Max, second by Bob to approve of Ordinance #706 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #8: WATER/SEWER/TRASH DELINQUENCIES: Meridian City Council July 5, 1995 Page 13 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. July 5, 1995 before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your sewer, water and trash bill is delinquent. You may retain counsel, your service will be discontinued on July 12th 1995 unless payment is received in full. Is there anyone from the public that would like to contest their sewer, water or trash delinquency? I would entertain a motion on 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? 1l• •� _Cc _= -_ Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District 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 $16,559.62. For the press I would just like to comment that is 200 turn offs if they don't get them paid by that time. We have had a significant increase in the number of turn offs each month. We need to see if we can't remedy that a little bit. 1 think the people know full well they are getting their water shut off they've had at least 3 notices, but none the less we would like to avoid that if possible. ITEM #9: APPROVE BILLS: Tolsma: So moved Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the bills, all those in favor? Opposed? ITEM #10: DEPARTMENT REPORTS: Kingsford: Mr. Smith? Under A, Gary Smith, City Engineer, update on the water pressure problem, do you want to make anything further than what you already have? Meridian City Council July 5, 1995 Page 14 Smith: I don't believe 1 have any other comments, unless you have some questions of me or Superintendent Stuart, Bruce is here tonight. Kingsford: We are blessed indeed to have Bruce with us. Does the Council have any questions of the pressure issue or the amount of water that was pumped. There is a very detailed document Gary put together on that issue I'm sure you were assisted by the Water Department. Morrow: My only comment would be a note of congratulations, those guys have done a hell of a job trying to get this thing chased down and put back together and they have worked very diligently at it for the last 2 weeks that I am aware of, 3 weeks that 1 am aware of. I for one would like to acknowledge that I think they are doing a really fine job researching it. I was kind of in on it from the very beginning and boy they had no place to start from and they have come from zero a long ways out in a very short period of time. A note of thanks for doing a heck of a job there for us. Kingsford: One of the things that Gary has I think expressed to this group and he and I have discussed at some length is the issue of tying some of the wells by zone into pressurize in the system rather than to have to be activated by the telemetries in the tower. I think certainly that is going to improve the pressure issue. I think if there is a problem out there being an old irrigator I think it probably rests in the fact that we have too small of pipes in the main part of town. I think our consulting engineer back eons ago when that was put together that thought a ten inch pipe would be adequate failed to run his calculator properly. We would have been a lot better served to have 14 or 16 inch pipe going out, maybe 10 out at the perimeter but I think given where we are at we are going to have to have those zones. Again I don't think we have a problem with the volume of water, we are going to have to make sure the pressure is there. It might necessitate booster pumps in some areas and so on. I also appreciate the effort that Bruce and Gary and the crew have put in on that. Anything else Gary? Smith: I just want to thank you for your comments and give Bruce a pat on the back because he fields telephone calls from residents and he has been keeping track of things fro me. He has been making some very good suggestions to try and remedy the situation. I want to pass that along to him and his staff. Kingsford: Shari? Stiles: Mr. Mayor and Council this is an item that Mayor you had requested I put on the agenda, the impact fee for the golf course. Impact fee may not be the appropriate terminology it has been discussed as $650 a unit and I don't know how that is being worked out whether it is a written agreement with those developers. The impact fee Meridian City Council July 5, 1995 Page 15 ordinance doesn't preclude private agreements with developers. Just for your information the fees generated from Ashford Greens and The Lake at Cherry Lane No. 3 and 4 at total build out will be $353,600. Kingsford: The reason that is slightly higher than what we had budgeted we have moved that figure from $600 to $650 at the agreement of both of the developers. For the Council's information I am requesting we have a contract with the City that it be collected so that everyone is aware. Morrow: I think the terminology of impact fee here is incorrect. Kingsford: Golf course development fee. Morrow: It is by their choosing that it is not included in the price of the lot. Historically every subdivision that I have built in on golf courses we have bought part of the golf course in the price that we paid for the lot. It is by their desire here that it not be incorporated in the pricing of the lot. So in no way shape or form is this an impact fee or any fee that the City is proposing for this. This is by them determining that they don't want this within their lot fee. All they are doing is contracting to collect, for us to collect it directly at point of building permit. So 1 don't want the terminology here to indicate in any way shape or form that it is an impact fee or anything of the sort. It is not. Kingsford: The issue is and has been there has to be a golf course there, the developer struck and agreement with myself and this Council and previous Council's, part of this Council and previous Council's to develop the golf course and then not have to front the money. This is the vehicle used, so I agree with you it is certainly not an impact fee in that sense. And also for the Council's information the additional lots in Cherry Lane Subdivision No. 3 $100 that Mr. White agreed to collect for golf course expansion will be on top of this. And likewise the monies that voluntarily were collected by Golfview Estates No. 1 would be on top of this. So we will be in excess and of course we will want to reflect that in the next fiscal years budget, additional monies there. Thank you Shari. Gary? Smith: Mr. Mayor I forgot one item that I would like to ask you to Kingsford: I'm sorry you had your chance. Smith: Oh, okay, on Bedford Place Subdivision I think I put a copy of a memo that I wrote in your box along with a copy of item #23 of the development agreement. I had visited with Mayor Kingsford on this issue when I wrote the memorandum or excuse me prior to that memorandum. The Mayor asked me to write this up and distribute it to you so you would have some background information on the subject. I think my memorandum spells out Meridian City Council July 5, 1995 Page 16 what I feel about the situation. I think Shari said I didn't use strong enough language, but anyway. I just wanted you to be aware of what the reasoning was behind what was happening out there on the tiling of that ditch. What I felt was an equitable situation for the developer to recover his cost. I guess I had a little bit of a problem with the and it is really not my job description but the density of the subdivision in the beginning and this I felt was something over and above that they may be wanting something more than what they need to recover the cost of piping that ditch. Kingsford: You have all read Mr. Smith's memo on that, any questions that you have for him. I think it was pretty precise as always Gary. Mr. Chairman? Johnson: Nothing your honor Kingsford: Chief? Gordon: Nothing Kingsford: Mr. Crookston? Crookston: Just some comments on Gary's comments on the Bedford Place development agreement. I think where that arose, 1 was not involved in the initial meeting with the developer and the City people. So when 1 got involved in it I didn't really touch base with the idea of limiting the number of lots that were going to be added to the subdivision to only cover the developer's cost in doing the tiling. So 1 think that is a little bit, maybe it is a situation where I should have been involved in it but also maybe it is a situation where I should have gotten more facts from the people involved and found out what we needed to do. If it is the Council's decision I think it would be appropriate for me to send Brighton Corporation a letter to the effect that is what is going to be, excuse the additional lots would be only to cover their costs for the tiling of the ditch. When 1 discussed this with Gary I had told him that the reason that I had put in the agreement in this paragraph 23 that it would be up to the Planning Director to have the ultimate say over it. I specifically address it on the basis that this would cover the cost idea but I think this also falls within that line of thinking that Shari would have the ability to say yea or nea. I don't even know if Shari was involved in the meeting. Kingsford: 1 think what is going to be an issue is probably a good idea that those thoughts are forwarded to the Brighton Corporation because they will want to consider those as they look at replatting. Certainly the Council is going to have the final say on how many lots they may or may not have. They are going to have to approve of that revised plat. (End of Tape) Meridian City Council July 5, 1995 Page 17 Crookston: (Inaudible) I would like to discuss with the Council and that is the CC&R's for Avest development. I have reviewed those, I have had the comments, got those back to Will. He sent them onto the developer, the developer has contacted both Will and myself. I had a discussion with Larry Durkin, he told me that all those things that my comments would be changed to meet my comments. I said, he said that he needed to have the plat finalized and signed so that they could get moving along. He said that he would do those things but he also said that it would take at least a month to get them done because apparently, I shouldn't say apparently. Those CC&R's are different from a residential subdivision's CC&R's. They are really an agreement between Avast and Fred Meyer. He said that those comments have to be approved and basically changed by Fred Meyer and it would take a month to get that done. I told him that if he would send me a letter stating that he would change those CC&R's to meet my comments and get it over to me I would recommend that the plat be signed. He did that, I submitted a copy of the letter to Will, that is where we are on those. It would be my recommendation but it is totally the Council's decision to approve those. He did not even call them CC&R's he called them some other name that escapes me right now. If the Council could approve those on that basis I think we still have a shot at finally approving them. I shouldn't say we have a shot at it we have a right to. Kingsford: Questions of the Council? Morrow: I guess the one obvious question is what if Fred Meyer in a month then it goes into negotiation? Crookston: It would Morrow: And that would involve us as well as Avest? Crookston: Yes, because it is basically an agreement between Avest and Fred Meyer. Like I said they are not what we usually receive as CC&R's. Morrow: If we approve the final plat subject to resolution of the CC&R's in no way are we contracting away our right to negotiating. Crookston: As long as the motion is worded in that fashion you do not give anything away. Kingsford: Any other questions of the Council? So you are suggesting Wayne that the Council approve the CC&R's or whatever they choose to call them subject to them revising them to your standards? Crookston: Yes Meridian City Council July 5, 1995 Page 18 Morrow: Approve the CC&R's or the final plat? Crookston: Right now you are just doing the CC&R's. Kingsford: If we do the CC&R's isn't the final plat done subject to that. I've got to have my memory jogged but I think the final plat is approved I think subject to CC&R's then they can sign the plat. Morrow: Mr. Mayor, 1 would move that we approve the CC&R's for Avast property subject to final negotiations between the City, Avest and Fred Meyer. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the CC&R's for Avest subject to them being negotiated and approved by Avest, Fred Meyer and the City, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: That will then authorize Gary and Will to sign the plat is that correct now? Anything else Counselor? You will be glad to know that I played golf with one of your old Idaho Vandals that used to raise funds for the Vandals and had the good sense to go to Marshall University so there is hope even for vandals. Crookston: What was the name? Kingsford: The guys name is Lance West and he is going east to Marshall University. Crookston: He is also a very strong vandal. Kingsford: He is not as strong as he used to be, he has given out (inaudible) he has made the conversion. Walter? Morrow: Two things, Gary, for ACHD a comment that Wayne raised that I think is appropriate. The question begs to be asked of ACRD with respect to those drainage retention deals, what if there is no homeowners association, who takes care of it. Maybe that will help you move along. Second thing is the with respect to the old school we did receive a not indicating a potential course of action. It seems to me that you didn't in terms of the note you didn't set a date that they would secure so I guess I am throwing for discussion here. My opinion is we need to tell the Alidjani's that we expected to be secured and done posthaste. In terms of their personal issues if that requires permission of them Meridian City Council July 5, 1995 Page 19 from the courts than so be it. But I don't see how that affects what our requirements are as a City. Kingsford: I agree. Morrow: I throw that on the table. Corrie: Mr. Mayor I talked to Helen Alidjani last week. Their attorney's go together and they agreed that Moe Alidjani will take over the school building and he has said he was going to put up boarding of all the windows and that is as far as I have heard from him. He has taken over the responsibility so I suggest that we go after Moe and get whatever needs to be done at this point. Helen is, her attorney has advised her to do it that way, she has agreed and it is all in Moe's hands. Morrow: Well I think from the City's standpoint we need to see that in writing from her attorney and from she. Corrie: That is fine. Morrow: (Inaudible) as co-owners of the property, all of our correspondence ought to be addressed to them as co-owners and let them resolve their own issues. Kingsford: Our interest is in securing the building. It is probably appropriate for a motion to have the Counselor address those issues to them. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City attorney advise the Alidjani's of the need to secure the building posthaste, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Anything else Walt? Max Yerrington: Nothing Kingsford: Bob Corrie: Yes, 2 things Mr. Mayor one is I would like to back up a little but on this golf Meridian City Council July 5, 1995 Page 20 course $650 per unit and see if I understand this correctly. The developer has requested that the City collect this at the time of the building permit. They have requested this, this is the request from those 2 developers. Is that on each lot that is out there? Kingsford: It would be on each unit, in some cases they would be condominiums. So that would be per unit. Corrie: This is over a period of time from wherever they start at that point. Kingsford: In the agreement that they have as I have indicated to you before they recognize that the price of that will go up each year subject to what interest we would be able to make on her money. So it is to recapture full payment of the money that we lend. Corrie: So this is strictly a developer's request that the City do this, this is not our request that they do that, but the developer has requested the City do this? What I am getting at is I want to make sure that the developer is the one that is requesting the $650 per unit to come back to the City from the money that we are fronting on this $350,000 and will be $650 they understand that as the time goes by. But it is not the City that is doing the $650 request. Kingsford: Both developers requested of the City that we do that in lieu of them having the develop the golf course and fronting that money. That is correct. Corrie: I just want to make sure of that. I have one other thing Mr. Mayor, the Council, I don't know if they have seen the state seal above the fire station. Kingsford: City seal Corrie: I'm sorry I am going from city to state, the City seal, it was not quite the same as they presented here you are aware of that. They did have some conflict with the Rural Commissioners about this and you may be aware of that. Also, we kind of had a problem with that up there doing this we have cracked the ceiling in the fire department. Just to be aware that has to be repaired. I guess they are trying to get it so to seal it so I don't think we can seal yet at this point. I really don't want anybody else up on that roof I think Walt and I discussed this earlier today and he think its (inaudible) somebody may fall through or whatever the case may be. Also, I don't know where we are on this yet Mr. Mayor but I know the rural commissioners are not too sure of that either. Kingsford: I would suggest that the Council take a look at it quickly in the event that you have rain and that is going to be damage to the ceiling will be out of the question. Meridian City Council July 5, 1995 Page 21 Corrie: The purpose of that was just to show us what it would look like? Kingsford: Part of the young man's requirement was to organize a work force and do the project. That had to be done at least by this weekend because it will be his eighteenth birthday and he has to complete his Eagle project prior to that. So he had to do that for that requirement. And that is why, of course I came to you and asked that we put it up there and so forth. Corrie: In other words if he has done that now he has fulfilled his requirement. If it rains it doesn't make any difference as far as he is concerned. Kingsford: I guess the thing would be then our loss in not having it up there if we desire to have it up there. Corrie: The seal was not what we had said at the Council, he took some liberties and added some things to it so I would like the Council to look at it. Kingsford: He discussed that with me that he would like to have just the two things added with regard to the transition of the City and I said that I personally didn't have any problems with that. Corrie: I just don't anybody up on the roof again. Kingsford: Mr. Tolsma? Tolsma: No Kingsford: I have a couple of things, first off we need to have formal approval, I have talked to the Council about it the request for the Mayor to sign the emergency equipment rental agreement with the Idaho Department of Lands for fire equipment pursuant to last year. I think I discussed that with each of you, I had asked for a motion appropriate for the minutes. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the rental agreement for equipment to the Department of Lands for fire use, all those in favor? Opposed? Meridian City Council July 5, 1995 Page 22 Kingsford: The other issue is we have a letter from Westpark Company, Inc., Greg Johnson requesting the Council consider a 50% refund on the original submittal for Highland Ranch Subdivision. They pulled it midway through the process and came back in with a different one and has paid again the fees to have that considered, but are asking for a refund of 50% of the original submittal. That is something that is entirely up to the Council. Morrow: I have a question, why would we do that, that was at their option. Kingsford: As I said it is entirely up to you. Morrow: Do we have a precedent for doing that kind of thing? (Inaudible) Morrow: Just because I am going to get denied doesn't mean I am going to get my bucks back. (Inaudible) Kingsford: The reason being P & Z recommended denial, since they recommended denial the Council didn't hear it that is part of the thing so they are asking if we would consider giving half of that back because they only went through half of the process. In terms of your question of a precedent, my recollection is the only thing of a similar nature is we have given back funds for the well development thing with regard to subdivisions that have platted and then later gone back and did a pressurized system. I can't remember of the City ever giving back part of an application fee. Likewise I can't remember somebody withdrawing it halfway through and asking either. I guess I wouldn't be critical, you are certainly not going to get half of it back if you don't ask. It is something that the Council would have to approve. Morrow: As far as I am concerned you don't get it back even if you do ask. Yerrington: Is this the same Greg Johnson that was the head of the impact area over there in Boise? Kingsford: No, this is the young man that did Sportsman Point and Highlands Ranch and so forth. Morrow: Well I am not in favor of giving the money back, we have earned our money. Even with Jimmy J admitting to it that it was their fault that this request came because they Meridian City Council July 5, 1995 Page 23 denied the project. Kingsford: Well (inaudible) doing his job. I think what they are asking for Walt is not necessarily your ideology but a motion. Morrow: My motion would be that the request for reimbursement is denied. Yerrington: Second Kingsford: Moved by Walt, second by Max to deny the request, any discussion? All those in favor? Opposed? Kingsford: The last item is I had asked Will to distribute to the Council the lease agreement to the City from the Masonic Lodge. Any questions or comments about that issue? I think at a previous session we did discuss that and thought it would be a good idea to continue. I advised the Council that we had let it expire and we hadn't lived up to our end of some of those things, it is now covered in this lease agreement. Any discussion of the Council? Morrow: Mr. Mayor I would move that we authorize the Mayor to sign and the City Clerk to attest the contract between the City of Meridian and the Meridian Masonic Temple Association. Tolsma: Second Kingsford: Moved by Walt, second by Ron to authorize the Mayor to sign and the City Clerk to attest the lease agreement between the City of Meridian and the Masonic Temple Association, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor, I know the scouts want to get out of here in a hurry but I had one other question that came to mind. I apologize for not asking this before, this $650 unit fee just to clear my mind, the developer has put this on it and the City collects it what if the people buying the unit doesn't want to pay it? Kingsford: Then they probably can't get a building permit. Corrie: Well then we are enforcing it. Meridian City Council July 5, 1995 Page 24 Kingsford: I think clearly if we are going to lend money, we are a lending agency we have to clearly ensure that we get our money back. Does that not make sense? Corrie: It doesn't no, it doesn't make sense at all. We are the ones that are saying okay you can't build unless you give us the $650 but we are not demanding the $650 the developer is. The developer says we are not going to do it but the City is going to do it for us. This doesn't ring to me. Either the developer is doing it or the City is doing it. Which is doing it the developer or the City? Morrow: Bob I might say there is more than ample precedence for this because in several different deals when we buy lots in various subdivisions it is not uncommon to have different upcharges like this. Corrie: But is the City supposed to collect it? Morrow: In some cases it is part of the building permit, in some cases the title company collects, in some cases the homeowners association collects. Corrie: Okay so this is a fee put on by the City then? Morrow: No Corrie: It has to be if the City is collecting it and they can't get a building permit unless they pay it. Morrow: I suppose you are talking about technicalities there. It is not really a fee by the City it is a reimbursement, it is a payback for monies that the City advanced. It is like a latecomers agreement. Kingsford: It is exactly like a latecomers agreement for sewer and water line. We collect those all the time and give them back to the developer that put in the line. In this case we are going to develop a golf course because the developer didn't want to. It is a latecomers fee we are collecting it and paying it back to ourselves. Morrow: Because we developed it. Corrie: So there is City money going into this? It was said in that meeting that there is City money going into it. We have to do one or the other. Morrow: Wait a minute Bob. Meridian City Council July 5, 1995 Page 25 Kingsford: Bob you have a mental block there. Corrie: I don't have a mental block because it said in the minutes that the City was not Morrow: It is not tax payer money. Corrie: We are getting the money back from the developer from the people that are buying the lots, correct. The developer doesn't want anything to do with it. Am I correct? Kingsford: The developer chose to have the City develop the course instead of them. Corrie: Okay, so the City is developing the course not the developer, correct? Kingsford: That is correct. Corrie: So this $650 is a city fee? Morrow: No Corrie: It has to be, the developer is not paying it. Morrow: Yes the developer is, the developer is paying it but he is opting to have the builder pay it at point of building permit. We could just simply say to the developer okay each time a building permit is issued you bring down a check for $650 or whatever the amount might be. Corrie: The developer? Morrow: The developer, we could tell the developer to do that, we could tell the builder to do that at point of, the way it has been structured here is at the point of picking up the building permit for sake of ease and for sake of making sure nothing gets lost in future Councils or future City folk that money gets picked up. It is our way of guaranteeing reimbursement to us is what it amounts to. It is the same as any latecomers fee, all it really is is a latecomers fee in this case we are paying us because we fronted the development. Our other option would be to collect the $650 and not build anything at all until we had the total amount. Tolsma: (Inaudible) Morrow: Ron that is true with any kind of latecomers operation. Meridian City Council July 5, 1995 Page 26 Tolsma: I am saying that is why it worked. Morrow: Bob the exact parallel to this is what we did with the line, the sewer line to St. Luke's. Corrie: I understand that, we are talking about water and for development of the sewer line. This is the development of a golf course. Morrow: That is correct. Corrie: What I am hearing is the City is not doing, but the City is doing it, we are collecting the fee to do it. It may be a technicality but I don't think that is right. Morrow: We are collecting the reimbursement of our money. We all voted for that a year ago. Kingsford: Very clearly Bob, the City is developing the golf course, we are developing through those funds that we are going to be collecting in essence a latecomers fee. The statement was that the City will not be expending tax payers money there. That is very clear that we are not. Corrie: It is just a matter of opinion, I think we are because we are collecting the money back to the City. Who are we loaning this money to? Kingsford: The sewer and water accounts lending it to the golf course development account. Just like you all voted for last year about this time when we were doing the budget. Corrie: So in other words the $650 is going to be paid on a unit fee when they get their building permit to pay us back. So in other words the people that are on living on the golf course if they want to live there they have to pay the fee. Kingsford: Just exactly like when Bob Corrie bought his house in back of Number 9 he paid a higher price for that because the developer that put in the front nine paid for it and developed it instead of the City, exactly the same thing. Corrie: That is true the developer did it not the City. I guess I still don't understand this whole program of where the City is not getting involved in this thing. The City is involved in it $350,000. Kingsford: Well there is no question of that. Meridian City Council July 5, 1995 Page 27 Corrie: That $650 per unit is collected by the City so we can get our money back, correct? Kingsford: That is correct. Morrow: Quite candidly the reason we are doing that is our desire to see the project finished. If we want to go about it the other way, we can certainly do it the other way and 4 or 5 years from now we can do the final nine. But at least from my perspective my philosophy in voting in favor of that is let's get something done that has been started 17 years ago, get it completed and put to rest and then get on with other projects. We have got Ron's park that we have to get finished up, but we can't continue to divide ourselves, we have to get something done somewhere. Corrie: I hope that it is done within the first few years because if it drags out 10 or 15 years before that is developed out there that could go up to $1500 a unit. We don't know what it is going to cost. Morrow: But darn it Bob, that was a comment that I made that this could by virtue of when I built in Cherry Lane at the Geisler house that subdivision had been there 12 years. I made the comment to all of you guys that it may take us 10 years to get our money back but that was the price of (inaudible). If it is 10 years and if it ends up it won't be $1500 but if it ends up being $800 to $900 so be it. Kingsford: And that is true Bob of the latecomers fee. Let's look at the one that goes across that Western States Equipment and ourselves put in Bine Mile Drain. We are still collecting late comers agreement on that. Each year that has escalated based on the prime rate at First Security first of the year. So each person that builds, Meridian Greens of Sportsman Point and so forth pay a higher fee than was initially the case out there. Tolsma: (Inaudible) Kingsford: And that is true of any latecomers agreements that the City has been involved in, the same principle exactly. Morrow: The same thing will happen with the sewer line that we are just completing to St. Luke's. Corrie: I just want to make sure we got where we were going with thing. Kingsford: Mr. Berg? Berg: Nothing Meridian City Council July 5, 1995 Page 28 Kingsford: Is there a motion? Corrie: I so move that we adjourn. Yerrington: Second Kingsford: Moved by Bob, second by Max to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 8:42 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 07 1 . P. I" r ATTEST: WILLIAM G. BERG, JR. CMY CLERK