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HomeMy WebLinkAbout1994 01-04MERIDIAN CITY COUNCIL AGENDA TUESDAY, JANUARY 4, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD DECEMBER 21, 1993: (APPROVED) OLD BUSINESS 1. VARIANCE REQUEST: RODNEY BRADY AND TERRELL TINGEY: TABLED AT DECEMCER 21, 1993 MEETING. APPLICANTS HAVE REQUESTED THIS VARIANCE BE TABLED UNTIL JANUARY 18, 1994: (TABLED UNTIL JANUARY 18, 1994) 2. JOINT POWERS AGREEMENT: TABLED AT DECEMBER 21, 1993 MEETING: (TABLED UNTIL JANUARY 18, 1994) 3. ORDINANCE #629 - COMPREHENSIVE PLAN: (APPROVED) 4. ORDINANCE #630 - ANNEXING AND ZONING HERON COVE: (APPROVED) 5. ORDINANCE #631 - ANNEXING AND ZONNG THE LANDING #7: (APPROVED) 6. WALT MORROW: 1993 CAMPAIGN FUNDS: NEW BUSINESS 7. SWEAR IN NEW COUNCIL MEMBERS: WALT MORROW AND RON TOLSMA: ELECT COUNCIL CHAIRMAN/PRESIDENT (RON TOLSMA APPROVED) MAYOR APPOINT COMMISSIONERS 8. FINAL PLAT: FENWAY PARK SUBDIVISION NO. 3 BY WILLIAM J. BUCKNER AND HUBBLE ENGINEERING: (APPROVED) 9. SPECIAL REQUEST: CHERYL AND MIKE BROWN AND WALT AND PAM HENNIG: REQUEST TO CONNECT TO CITY WATER AND SEWER SERVICES. PROPERTY LOCATED IN COUNTY ADJACENT TO ROD'S PARKSIDE CREEK SUBDIVISION. (APPROVED) 10. BEER/WINE/LIQUOR LICENSE RENEWAL FOR MARGARETTE'S HACIENDA: (APPROVED) 11. NAMPA & MERIDIAN IRRIGATION DISTRICT: LICENSE AGREEMENT: (APPROVED WITH CONDITION APPROVED BY WAYNE CROOKSTON) 12. WATER AND SEWER DELINQUENCIES: (APPROVED) 13. APPROVE BILLS: (APPROVED) 14. DEPARTMENT REPORTS: A. WAYNE FORREY: 1. STATUS OF AREA OF IMPACT NEGOTIATIONS WITH ADA COUNTY 2. UPDATE ON IDAHO ATHLETIC CLUB SITE COMPLIANCE 3. THANK YOU FOR THE ADVENTURE! B. GARY SMITH: 1. RUNNING BROOK ESTATES: WATER LINE OVERSIZING COST: (APPROVED) 2. CONSENT TO ASSIGNMENT: ENGINEERING AGREEMENT (TABLED UNTIL JANUARY 18, 1994) 3. BID RESULTS: UV EQUIPMENT (APPROVED) MERIDIAN CITY COUNCIL JANUARY 4. 1994 The regular meeting of the Meridian City Council was called to order by Mayor Kingsford at 7:30 P.M.: Members present: Max Yerrington, Bob Giesler, Bob Corrie, Ron Tolsma: Others present: Will Berg, Wayne Crookston, Wayne Forrey, Walt Morrow, Bruce Freckleton, Elizabeth Gwin, John Baker, Sheri Baker, Richard Cummings, Bill Gordon, Jim Johnson: MINUTES OF PREVIOUS MEETING HELD DECEMBER 21, 1993: Kingsford: Council members you've had the minutes of the December 21 meeting are there any corrections to those minutes? Tolsma: Mr. Mayor I move they be approved as written. Yerrington: Second Kingsford: Moved by Ron, second by Max that we approve the December 21, 1993 minutes, all those in favor? opposed? MOTION CARRIED: All Yea ITEM #1: VARIANCE REQUEST: RODNEY BRADY AND TERRELL TINGEY: TABLED AT DECEMBER 21, 1993 MEETING. APPLICANTS HAVE REQUESTED THIS VARIANCE BE TABLED UNTIL JANUARY 18, 1994: Kingsford: Entertain a motion to table that until the January 18, 1994 meeting. Giesler: So moved Tolsma: Second Kingsford: Moved by Bob Giesler, second by Ron to table that until January 18, 1994 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: JOINT POWERS AGREEMENT: TABLED AT DECEMBER 21, 1993 MEETING: Kingsford: Counselor, do you have comments to make on that? Crookston: Yes I do. I've had discussions with an Attorney from Ada County, Jim Dickinson, and we haven't resolved anything at this juncture. I told him that I'd send him a letter indicating under our insurance policy with ICRMP that the language basically ensures Meridian City Council January 4, 1994 Page 2 any contract that the City enters into the ICRMP reviewed the contract and did not like the language that required Ada County be named as an insured entity and that is what we are dealing with. He hasn't gotten back to me in response to that last letter, so I will have to call him and see where we stand. Kingsford: You proceed with that diligently and I'd like to get that settled before the next contract comes up. Thank you. Crookston: Did you want to table that? Kingsford: I suppose we'd better, is there a motion to table? Corrie: I move we table the Joint Powers Agreement until next meeting. Tolsma: Second Kingsford: Moved by Bob Corrie, second by Ron to table the Joint Powers Agreement until the January 18, 1994 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: ORDINANCE #629 - COMPREHENSIVE PLAN: Kingsford: An Ordinance of the City of Meridian amending Section 2-1102 of the Revised and Compiled Ordinances of the City of Meridian and by said amendment, adopting the 1993 amendments to the Comprehensive Plan of the city of Meridian which amendments change the boundary of the Area of Impact, change the community urban service planning area boundary and change the entire Comprehensive Plan to update it; change and add to the policies, goal statements and implementation actions; change the components of the plan; add a school facilities section as required by the local planning act; and change, update, and amend the entire plan; and providing an effective date. Is there anyone from the public that would like Ordinance #629 read in its entirety? Giesler: Mr. Mayor, I move that we approve Ordinance #629 with suspension of the rules. Tolsma: Second Kingsford: Moved by Bob Giesler, second by Ron to approve Ordinance #629 with suspension of the rules, roll call vote. Meridian City Council January 4, 1994 Page 3 ROLL CALL VOTE: Yerrington: Tolsma: Yes MOTION CARRIED: All Yea Yes, Giesler: Yes, Corrie: Yes, ITEM #4: ORDINANCE #630 - ANNEXING AND ZONING HERON COVE: Kingsford: An Ordinance of the City of Meridian annexing and zoning certain real property which is described as a portion of government Lot 5 of Section 6, T.3 N., R. 1E., B.M., Ada County, Idaho; and providing an effective date. Is there anyone from the public that would like Ordinance #630 read in its entirety? Entertain a motion on Ordinance #630. Yerrington: Mr. Mayor, I make the motion that we approve #630 with the suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron that we approve Ordinance #630 with suspension of the rules. ROLL CALL VOTE: Yerrington: Yes, Giesler: Yes, Corrie: Yes, Tolsma: Yes MOTION CARRIED: All Yea ITEM #5: ORDINANCE #631 - ANNEXING AND ZONING THE LANDING #7: Kingsford: An Ordinance of the City of Meridian annexing and zoning certain real property which is described as a tract of land in the Northwest 1/4 of Section 13, T. 3N., R. 1W B.M., Ada County, Idaho; and providing an effective date. Is there anyone from the public that would like Ordinance #631 read in its entirety? Tolsma: Mr. Mayor, I would move we approve Ordinance #631 with suspension of the rules. Corrie: Second Kingsford: Moved by Ron, second by Bob Corrie to approve Ordinance #631 with suspension of the rules. ROLL CALL VOTE: Yerrington: Yes, Giesler: Yes, Corrie: Yes, Tolsma: Yes MOTION CARRIED: All Yea Meridian City Council January 4, 1994 Page 4 ITEM #6: WALT MORROW: 1993 CAMPAIGN FUNDS: Morrow: Mr. Mayor and Councilmen, at the conclusion of my campaign we had a surplus of $246.39. It was determined by myself at the suggestion of my Campaign Treasurer that rather than put the funds in the Fireman's Burnout Trust fund, that we maybe do something for the Fire Prevention Educational Fund. I made the decision that we would set up a trust fund with those surplus funds and that Corrine and I would contribute another $253.61 so that trust fund would have a beginning balance of $500.00. The trust fund operates on an annual basis. The money is invested, half the proceeds are re- invested to establish the trust fund and help it to grow the other half would be contributed to the Fireman's Educational Prevention annual fund and used each year so hopefully over a period of time that fund will grow and the amount of funds that it contributes to the educational system in terms of fire prevention will be somewhat substantial. Because she was responsible for raising the fund and it was her suggestion, I named that trust fund in honor of Rhonda Benson and called it the Rhonda Benson Educational Trust fund, and so here is the check and the trust agreement, it is signed by me and hopefully the City will accept this. Kingsford: Thank you. Thank you Rhonda, having you in class and knowing the great person you were the commitment to education is certainly appropriate that you make that motion. ITEM #7: SWEAR IN NEW COUNCIL MEMBERS: WALT MORROW AND RON TOLSMA: ELECT COUNCIL CHAIRMAN/PRESIDENT: MAYOR APPOINT COMMISSIONERS: Kingsford: If Mr. Morrow and Mr. Tolsma would come front and center please. Raise your right hand and repeat after me, I do solemnly swear that I will support the Constitution of the United States and the Constitution and Laws of the State of Idaho. That I will faithfully discharge all the duties of the office of City Council of the City of Meridian according to the best of my ability. Congratulations gentleman. At this time Mr. Giesler, I wanted to make just a couple of comments. First off I want to say that because of schedule and so on we are going to have an open house here at Meridian City Hall on Thursday evening at that time we will invite the public in and shake Mr. Giesler's hand and thank him properly. We have a plaque at that time that we will issue. I want to thank you as Mayor for the time you have donated to the City of Meridian. We are in your debt certainly as a City. You spent 10 years on the Council, you spent numerous years on the City Fire Department, and you spent time on Planning and Zoning and we appreciate you very much. And as a resident of the City of Meridian I am deeply in your debt for your service. Meridian City Council January 4, 1994 Page 5 Giesler: I'd like to say one thing, this in one of the harder things I've had to do, but it is time. I've really enjoyed everyone, the Council members have been great to work with, the staff is exceptional, Bill the Police Chief I have worked closely with he has done an outstanding job, he has been a very good friend as all of you have. Its a great group of people here and that is what makes it tough leaving but I'm real excited about Walt coming in and taking my chair I know he will do a very good job. There are three things that I wanted to say, I was hoping it would get done before I left office that I'd like to see you continue to work for and that is many citizens may not realize the importance of the 18 holes at the golf course being completed, believe it or not it very important in drawing good business and growth in this area. I would even support the City at some time financially if they had to get involved. I think it would be a great asset to the community and I would support it. Another thing is I always wanted to see our interchange out here by landscaped, I think we have a beautiful entrance into our community and I would like to see us pursue when time and funds become available through a grant or some other means that it could possibly be accomplished. The third thing and the most important thing I would like to see us do is continue to work hard and on our Area of Impact boundaries I know we did this the past year we kind of lost out on an area but I really feel strongly that maybe it will be quite a few years before we are out to, with the boundaries we are talking about and maybe its a long time before we get there but I think its very important that the City of Meridian keeps our identity and I think our boundaries are where they should be and I know Boise, we have been struggling with them a little bit and I ask that you continue to work on that as hard as you can. That is basically what I wanted to say, its been fun, its been a challenging experience and its something I will never forget. I want to thank my girls for supporting me all these years, its been a tough year but we will get through it. Chelsea thank you and Walt good luck I have your (inaudible) and thank a lot guys. Kingsford: I can't remember what the paper said Bob, but what was it the exclusive men's club, we'll miss you. You are welcome back anytime, don't feel like you have leave either. The first item of new business needs to be that the Council elects a President. The Council may open their nominations for a new President. Yerrington: I'd like to nominate Ron Tolsma to continue in this job. Corrie: Second Kingsford: It had been moved by Max and second by Bob Corrie to nominate Ron Tolsma for Council President for another term, all Meridian City Council January 4, 1994 Page 6 those in favor? opposed? MOTION CARRIED: All Yea Kingsford: Congratulations Ron. The next item on the agenda then would be for me to make Commission appointments. At this time I'd like to appoint Max Yerrington to be the Police Commissioner and Street Commissioner for the next year. I'd like to appoint Ron Tolsma to the Public Works, Park and Recreation. I'd like to appoint Walt Morrow to be Sewer and Solid Waste Commissioner. I'd like to appoint Bob Corrie to continue as Fire Commissioner and QRU. ITEM #8: FINAL PLAT: FENWAY PARK SUBDIVISION NO. 3 BY WILLIAM J. BUCKNER AND HUBBLE ENGINEERING: Kingsford: Go ahead Cummings: Mayor and Council members my name is Richard Cummings, I work for Hubble Engineering representing the client, William Buckner for a 25 lot infill subdivision surrounded by I believe its Crestwood park on the north and Fenway No. 2 on the south. I'll entertain any questions you might have. Kingsford: Any questions for Mr. Cummings? Mr. Morrow Morrow: He's read the comments by City Engineer Gary Smith? Cummings: Yes Morrow: And all those comments are agreeable to you? Cummings: Yes they are. Morrow: I have no further questions. Kingsford: Any other questions Council members? Any questions for staff? Is there a motion? Tolsma; Mr. Mayor I would move we approve the Final plat of Fenway Park No. 3 subject to the engineer's comments being met. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the Final Plat of Fenway Park Subdivision No. 3 conditioned upon the engineers's being met all those in favor? Opposed? Meridian City Council January 4, 1994 Page 7 ITEM #9: SPECIAL REQUEST: CHERYL AND MIKE BROWN AND WALT AND PAM HENIG: REQUEST TO CONNECT TO CITY WATER AND SEWER SERVICES. PROPERTY LOCATED IN COUNTY ADJACENT TO ROD'S PARKSIDE CREEK SUBDIVISION: Kingsford: Are either of those properties here? Were you involved in that Wayne? Would you make a comment on it please. Forrey: Yes Kingsford: As I understand they live just outside the City limits, adjacent to Rod's Parkside. Forrey: That is correct Mayor, Mrs. Brown and I think Mr. Brown is the same contractor working on the City Sewer Project on the south slough it is that Brown family. They own property in the County right next to City Services and they have horses and they wanted to keep the horses. And when they looked at the advantages and disadvantages of being in the City versus the County they chose to keep their horses for awhile and remain in the County but then approached the City about getting utility services and I informed Mrs. Brown the way I read the Ordinance that would take Council approval and that they would have to pay a double assessment or double hook-up. They were willing to do that, so we put them on the agenda tonight, she knew of the meeting. Had she been here her intent was to request your permission to make that utility connection for water and sewer and pay the appropriate fee but remain in the County at this time. Kingsford: I have been in contact with her probably a month ago that they were talking about. We have done that in the past, and our Ordinance does provide for it of course conditioned upon a double assessment. Morrow: I have a question with respect to what impact, the fact that she has horses establish Grandfather rights does it not, I mean she can live in the City and have the horses on the place and so why is there resistance to being annexed. Kingsford: Well, the situation is that they live currently in Cherry Lane Village Subdivision, they are buying the property that they are mentioning here and that in order to have horses there are no Grandfather rights currently on that property, if we were to annex it of course that would waive the Grandfather rights and so thus they are asking for City services in the County adjacent to the City. Corrie: Mr. Mayor, just where is this from Rod's? Meridian City Council January 4, 1994 Page 8 Kingsford: It is on the North side of Rod's Parkside. I believe it is a 5 acre. Yerrington: Well, now will they be serviced by sanitary sewer service on their trash? Kingsford: Under the contract that the County has they would;t be able to so they will be serviced by the Boise -Ada dispose all that would be accommodations made on our computer for just sewer and water. Tolsma: (Inaudible) Kingsford: I couldn't tell you, I believe they are talking about building a new home and so of course a well wouldn't necessarily provide for that property. Forrey: I think this is a new lot that was created in the County I think it was a 10 acre parcel and then it was split and I think they are buying a new 5 acre parcel of a new home as I understand it. Kingsford: So the other 5 acres the folks I'm not familiar with is Forrey: Is probably on a well and septic right now. Kingsford: It might very well be a condition upon sale of that, that they go on a septic system I don't know, off the septic system pardon me. Any other questions or comments from the Council? Is there a motion to Yea, nea or table? Yerrington: I move that we approve this request to hook up to the City water and sewer. Corrie: Do you want to add anything to it? Yerrington: No Tolsma: Should we make them do away with their septic system then. Yerrington: Well they said it was a new lot involved wasn't it? Kingsford: Well one of them may very well be on a septic system. Yerrington: Well, then cease using any of the domestic water or sewer or septic tank service that they are currently using. Tolsma: Second Meridian City Council January 4, 1994 Page 9 Kingsford: Moved by Max, second by Ron to approve of the hook up request by the Brown's and Henig's conditioned upon them ceasing using private water and sewer facilities and hooking to the sanitary sewer and water systems all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: BEER/WINE/LIQUOR LICENSE RENEWAL FOR MARGARETTE'S HACIENDA: Kingsford: It was not on the last City Council Meeting approval, I guess the Chief has checked that out. Gordon: There are no problems. Kingsford: Entertain a motion on MargaretteIs Hacienda Beer/Wine/Liquor License. Tolsma: Mr. Mayor I move for approval of the Liquor License, beer and wine License for Margarette's Hacienda. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve of the beer/wine/liquor license for Margarette's Hacienda, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #11: NAMPA & MERIDIAN IRRIGATION DISTRICT: LICENSE AGREEMENT: Kingsford: Bruce, do you have anything on that or Wayne? Crookston: I believe that I have but I've reviewed a couple of them recently. Kingsford: That being the case I believe I'd rather us table it until we have you double check that. I read through it this afternoon, but I'm pretty sure I'm not an Attorney. Mr. Forrey Forrey: Mr. Mayor, members of the Council Gary Smith couldn't be here, I think, Bruce and I were just looking at it this pertains to the South Slough I think Chris William's Lounsbary Lane Project part of that pathway access down to the South Slough. It might be better to make sure Gary Smith has reviewed this. And maybe then Wayne. Meridian City Council January 4, 1994 Page 10 Crookston: Well, I have reviewed the one relating to Lansbury Lane. If this is the one I have reviewed and I didn't have any problem with it. Kingsford: It is, if you look at the purpose of the license you would see it is Lansbury Lane Subdivision. Crookston: I know that he has looked at it, because we have discussed it, but I don't believe it would hurt to table to make sure everybody is on board. Kingsford: Given that it is in progress would it be appropriate that the Council approve it conditionally upon your review and approval? Crookston: That would be fine. Kingsford: Does that reach a comfort level with the Council? Yerrington: I make that motion that you stated. Tolsma: Second Kingsford: Its been moved by Max, second by Ron to approve of the License agreement with Nampa Meridian Irrigation District conditioned upon the City Attorney and Engineers review and approval, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: WATER AND SEWER 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. January 4, 1994 before the Mayor and the City Council to appear in person and 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 January 12, 1994 unless payment is received in full. Is there anyone from the public that would like to contest their sewer, water and trash delinquency? Entertain a motion on the turn off list. Tolsma: So moved Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the turn off list, all those in favor? Opposed? Meridian City Council January 4, 1994 Page 11 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 $14,147.62. ITEM #13: APPROVE BILLS: 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. Forrey Forrey: Thank you Mayor, members of the Council. I was going through some notes on the Comprehensive Plan the other day and I pulled something out and I got the biggest chuckle out of it. This is your agenda from about 1 year ago, January 19, 1993 there were only 4 items on that agenda, and they were pretty simple the 4th item was department reports and we got talking about the need for a new zoning designation to allow animals on acreage, evidently it was a problem a year ago. There was a Charles Waymouth on Ten Mile Road that had approached the Council about farm animals. But Bob had said well we need to update the zoning Ordinance to maybe look at a new zoning designation to allow that and in the discussion we said we need to update the Comprehensive Plan. Here we are a year later and that has been done and we are on the verge of some zoning and Bob is off the Council so a lot of things are changing, but I think we are moving in a good positive direction. Bob mentioned the Area of Impact in his good comments at the end of his talk and that is one thing I want to update the Council on tonight. I met with all three Commissioners on Monday of this week and as you know Chairman Bisterfeldt was ill the day the other two Commissioners made a decision on approving the Comprehensive Plan with the reservation on the Impact Area. Commissioner Bisterfeldt wanted me to personally state to the Mayor particularly the Mayor and to the Council that he and one of the other Commissioners wanted to reconsider that letter and felt that it was appropriate for Meridian to have a larger area of Impact but the reason they had written that letter or felt that way at the time was because the County was so far behind the 8 ball in dealing with growth they didn't know if Meridian was too big or too small or if Eagle should be here or there and Boise here or there or wherever. They have Meridian City Council January 4, 1994 Page 12 just been inundated themselves and so they felt like until the County got its planning act together they were not in a position to say yes of no to this communities request. They since have been thinking that through and they feel that Meridian at least did some analysis to justify an Impact Area and so they asked me to speak to you, they are willing to reconsider and want us to come back to the negotiating table again. I don't think they have a problem with the Chinden area to the north, I still think their reservations a little in that Amity Road, Columbia Road, Lake Hazel area. They're just not sure that that area should ever develop, again that is just speculation on their part they have no basis to make that decision. So that might be the area where there is some continuing discussion. Also I contacted Boise City at the request of Councilman Corrie on Boise City's response to the request from Skyline Corporation, Mr. Ted Johnson, on his annexation part in Boise's area of impact and a portion in the Meridian area of impact which is now approved. They had a hearing on December 16 and it was deferred until January 10. Now the City staffs going to ask for further deferral of any action by their Planning and Zoning commission until Meridian and Boise and Eagle jointly meet to get all three cities opinions on that annexation request. That meeting will have to occur before the P & Z will make any action, and that is the City Staff request, we suspect their commission will uphold that, so someone from the Council or the Mayor ought to attend when that invitation is extended attend and give City input. So basically Boise has taken the approach and I confirmed this with Wayne Gibbs, the Planning director that they are going to negotiate with Meridian before they take any of these dramatic actions along that Cloverdale corridor which is our mutual impact. I think that is a positive step, i think that means that good planning will prevail here and good common sense rather than maybe pure political decision as have happened maybe in the past. The second item is an update on the Idaho Athletic Club. Last Thursday I met with the owner of the Idaho Athletic Club, but prior to that I met with 2 of the property owners that back right up to the Athletic club. One of the property owners is Liz Gwin and she is here tonight, the 3 of us went over and visited with Mr. Wardle, he was receptive, we went upstairs to the weight room, looked out the window and verified the kind of situation they have to put up with. I noted four areas that I felt needed to be addressed. First of all there is no fence and our Ordinance requires a fence, our Ordinance requires landscaping and there is no landscaping, our Ordinance requires a trash enclosure and there is not one of those, our Ordinance does not address blinds, but he committed to Liz Gwin he would install some type of screen or blind and he mentioned he also (inaudible). He is waiting for a letter from me and I'm going to go through the entire approval of that project and get him a check off of everything that needs to be done and a time schedule. I don't see this as a negative, did you get that feeling Liz? Meridian City Council January 4, 1994 Page 13 Gwin: It seemed like there was some progress there. Forrey: He is wanting a check list from the City telling him what I want him to do, and I'll do it. I think we are making some progress there. Morrow: I have a question, why was an occupancy permit issued without the fence and the landscaping requirements being met? Forrey: No knowledge, Councilman. It is one of those just after the fact. Morrow: Have we taken steps to have that not happen in the future? Forrey: Yes, as a matter of fact Daunt when he gets things like that we communicate back and forth, try and catch them. I think it is an awareness, you know the planning expertise, the building expertise, the legal expertise, the engineering we just have to coordinate, but that is one that slipped through the cracks. Mr. Wardle wasn't trying to duck anything, he just said I was unaware that I had to have a fence etc. He was honest and said boy if I had known I would have done it. Kingsford: It is one of those things, Mr. Morrow, that just following Jack's illness and death, Jack had been involved in getting him started , issuing permits an that sort of thing and of course that follow up was delayed. We proceeded along with one of as we growing several projects that came in that category. Morrow: But we have taken the necessary steps to see that it doesn't happen again Forrey: I think we have Kingsford: I'll never say never, but we certainly closed up the gap. Corrie: Excuse me, Wayne do we have a time limit for him to do this? Forrey: Well I told him in that meeting I would set a time limit, this is almost like Bestwestern a little bit, there is some construction coordination here. He is going to have to, our Ordinance requires landscaping but also an underground sprinkling system. so he has trench work to do and an approved parking lot and now its winter so that is going to take some consideration. He has to get up a fence that, the trash enclosure is nothing, that can be done. Meridian City Council January 4, 1994 Page 14 Kingsford: I would suggest you have 2 different time frames on the window screening and the trash ought to be done in a very reasonable time and some latitude on the screening. Forrey: Liz, did you have anything you wanted to add to that? they look right into her bedroom. Gavin: Well, not mine, mine is actually the third lot over. Mostly I would just like to say I don't know what kind of inspection the City has done or what but I would really like to see maybe the City develop a couple a people to go around and check these and I don't know what goes into building ordinances or whatever but I would really like to see an ordinance that addresses windows on the second story of commercial buildings (inaudible) that somehow they are limited to a certain height or just for light purposes not for viewing. My 2 neighbors are virtually in a fish bowl that is how they feel. I don't know how you would feel if you go outside to sit on your deck and there are a lot of people that con view your home and your private backyard. This is new to us we haven't had very much construction on the borders of our subdivision for several years and then all of a sudden there is al of this commercial stuff. We feel really imposed upon, plus another thing that happened is this piece lot along Fairview there are 4 of them or 5 actually that are including our subdivision (inaudible) we have covenants that pertain to those lots so the windows whether or not they are a part of a city ordinance our covenants say that there isn't to be nuisance caused by any of the businesses to the residential area. Mr. Forrey did tell me that the City of Meridian will uphold our covenants. Forrey: I think I told you we could not uphold your covenants, our zoning, no that was the homeowners responsibility. Kingsford: We are legally not allowed to enforce covenants those are in the property owners hands. I would suggest include that in your letter though. Gwin: We have another lot there, one has two buildings on it that I'm sure can be knocked sown because (inaudible). When they are developed can we make sure the City of Meridian takes our covenants into, because he didn't' even know, I don't think he realized his property is part of our subdivision. Forrey: He didn't, your right. Kingsford: We can address that to him that they do have covenants, again we cannot enforce it and we found out in court that we can't do a lot with those. f Meridian City Council January 4, 1994 Page 15 Gwin: Yes, I know I explained that to him what the covenants were. (Inaudible) Kingsford: We'll try and be sensitive to that as more developments come in certainly. Forrey: Also Mayor and Council we have received a letter today from a developer asking for a reconsideration of our Impact Area along the Ridenbaugh Canal, there was an adjustment made several months ago on the north side of Interstate 84 right at the 1/4 mile west of Cloverdale where the canal separated the 2. That same situation, a little smaller piece of property but its directly on the south side of the Interstate exactly identical situation. The developers made an identical request and so that has been copied into your inbaskets. Mull that over and let's talk about that. And then third item Mayor I wanted to say thank you for the adventure. Most people work all their lives and some of them have kind of boring lives I've been pretty lucky I've had a lot of adventure especially in the last 6-7 months. Its one of the fastest growing cities in Idaho, good people to work with, a moratorium, a lot of good citizens, a lot of opportunity what more could you ask for. I just wanted to say thank you, I feel a little bit like Bob Giesler in that people here have made it very enjoyable, hard to say goodbye. But you know you have an ad out now for a new Planning Director, that closes on January 11, so it is conceivable I hope February 1 we have a new person on board and start the transition and I think I will still come to Council Meetings now and then. I've sure enjoyed working with you and for you and thank you for a lot of good memories. Kingsford: I'm sure you'll still be in town and it will be a reasonably long transition Wayne. Bruce, do you want to take up those next items, Running Brook Estates. Freckleton: I have some documents that Gary prepared on the oversizing costs. It appears from his calculations that the oversize cost to go to a 10 inch and 12 inch extension was $38, 223.20 the cost of the 8 inch would have been $24,847.20 leaving a difference of $13,375.80 additional cost. The Well Development Fund at $406 per lot x 31 lots is $12, 586.00 so the difference being the oversize cost is greater by $789.00 and the original request was to possibly do a trade off type arrangement to offset their Well Development Funds by oversizing the lines to come into this subdivision. Kingsford: Any question about that, I have been in several meetings with Mr. Anderson and Gary and have gone over this on occasions, I'd be glad to answer or try to answer any questions Meridian City Council January 4, 1994 Page 16 you might have on this. What this does two things it oversize so we have better capacity in that area and also ends up in a loop that goes, connects down into Overland and goes through that subdivision and Meridian Greens and around and so forth and goes back tot he well it gives basically a second line that will go over and service Elk Run and also the restaurant and motel. So that is in a loop now is a lot better situation there in terms of fire protection and capacity on water. Yerrington: Would we be looking at a 10 inch or a 12 inch line? Kingsford: Well, its already in and part of it is 10 and part of it is 12. If it goes into the subdivision its 12 and about half way in it goes to a 10 and it goes 10 up to the boundary of Meridian Greens. Frekleton: Its 12 on Meridian-Kuna (End of Tape) for balancing we try to run 10 inch water mains on the main section lines, a mile grid. And then 10 inch service lines on quarter section lines and this gives us a better flow characteristics and equalization pressures and so that is what, that is why we went to the 10 and 12 inch. Their original route that they were designed to take was to go into Meridian Greens and they had some break down in negotiations with those developers. Kingsford: Which would have the end of the line as well. request then is to trade off oversizing. Morrow: So moved Corrie: Second been had they done that put them on We wouldn't have had a loop. The the Well Development Fund for the Kingsford: Moved by Walt, second by Bob to approve of the trade off of the Well Development Fund for the oversized for Anderson Development, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: You have a copy, before you leave, of the Ultra -Violet basin for the sewer plant, any questions for Bruce on that? We had just the one bidder, Trojan Technologies, a bid of $112,000. Tolsma: Didn't these people find the first time that they had something out of order. Kingsford: Well all three of them had something out of order the first time and it was re -did. Basically the same thing was sent Meridian City Council January 4, 1994 Page 17 out as I understand it. only one bid came back. I think minor modifications in the bid, Freckleton: This was the only response we received. Actually it is a little bit cheaper. Kingsford: It is substantially cheaper than the engineering estimate. Corrie: Yes, $190,000. Kingsford: A motion to approve of that, if that is your desire. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the bid for Trojan Technologies Inc, for Ultra -Violet basin equipment in the amount of $112,000, all those in favor? Opposed? MOTION CARRIED: All Yea Tolsma: (Inaudible) Kingsford: That, when people receive their water and sewer bills next month they are going to see an increase. This item is just equipment, the installation will be above that and we'll also have some additional expense, we've already incurred some expense on inlet structure and we'll have additional expenses starting this, 2 months ago with regard to DEQ and the water test. Those are the reasons for the sewer and water increases that will be on next months bill effective this month. Anything else Bruce? Freckleton: The only other item was the consent agreement with Keller Associates, formerly one of the offices of Forsgren Associates. We, Wayne Crookston has reviewed it. Crookston: I reviewed it and made some additions, I haven't seen the changed document. Freckleton: Okay, I believe that all of the changes that you requested (inaudible). Crookston: I can tell real quick. Kingsford: I have not seen that, the Council have, I'd think I'd have a better comfort level to have a copy of that and review it for next meeting. Meridian City Council January 4, 1994 Page 18 Crookston: It appears as though my changes have been made, but I would agree with you. Kingsford: I'd entertain a motion to table that until the next meeting. Tolsma: So moved Corrie: Second Kingsford: Moved by Ron, second by Bob to table the consent agreement until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Chairman Johnson: Nothing tonight. Kingsford: Chief Gordon: Nothing Kingsford: Mr. Crookston Crookston: Yes, I received comments about separating our light industrial zoning designation into a heavy and a light or at least segregating it out in some fashion. I would like some Council input on that and I think it would be appropriate to add Mr. Johnson to that meeting I think it would be wise to have a workshop on that. Kingsford: I agree and I certainly recommend that Mr. Johnson at least 1 or 2 of his commissioners be involved in that. Is it your desire Jim that maybe you initiate that or do you want to start with the joint session? Johnson: I think we should initiate it, and I've talked about it. I know Bob Corrie is concerned about it. (Inaudible) in terms of setting a date or something. Kingsford: Well, what I'm saying is do you guys want to go ahead and you have a workshop on his recommendation or do you want to have some members of the Council meet with you. Johnson: I think it will save time by getting (inaudible) Meridian City Council January 4, 1994 Page 19 Kingsford: My recommendation it would be together, you guys set up a time then that we can jointly meet and publish that than. Anything else Counselor. Crookston: No, nothing Kingsford: Mr. Morrow, good to see our friend here and family. Kingsford: Max Yerrington: Nothing, I hate to se Bob leave, Chief watch out. Kingsford: Got to get up early in the mornings, Max is only moderately wrong times, you might want to think about some overload springs on the cars they might need them. Crookston: Mr. Mayor, I did forget one thing that Mr. Forrey kindly reminded me of. The Council took action back in April regarding the west side Bible Chapel, they had requested annexation and zoning, the Council basically told them we are going to annex you but you are going to have to do something with the zoning. The Council action was to basically table their request until the Comprehensive Plan amendments were completed. They are now completed, the question I have is whether or not you want to give me some direction in regards to an Ordinance for their annexation and zoning. Kingsford: I think it would be appropriate that Mr. Forrey re- visit them and make sure that, how it fits with our Comprehensive Plan as adopted and then get you guys that loop and move along with it. Crookston: Thank You Kingsford: Bob Corrie: Nothing Kingsford: Ron Tolsma: Nothing Kingsford: Wilbert Berg: Nothing Kingsford: Entertain a motion i Meridian City Council January 4, 1994 Page 20 Corrie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to adjourn, all those in favor? Opposed? MOTION CARRIED: All yea MEETING ADJOURNED AT 8:25 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) •6 � MAYOR ATTEST: Q WILLIAM G. BERG, JR.V CITY CLERK