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HomeMy WebLinkAbout1993 10-05MERIDIAN CITY COUNCIL PAO01 ZiD1 TUESDAY, OCTOBER 5, 1993 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF THE PREVIOUS MEETING HELD SEPTEMBER 21, 1993: (APPROVED) 1. FINAL PLAT: KENTFIELD MANOR SUBDIVISION, 56 LOTS BY MERIT HOMES, INC.: (APPROVED WITH CONDITION) 2. FINAL PLAT: SUMMERFIELD SUBDIVISION, 71 LOTS BY G. L. VOIGT: (APPROVED WITH CONDITION) 3. FINAL PLAT: ROD'S PARKSIDE CREEK #4, 106 LOTS BY L & R SALES: (APPROVED WITH CONDITION) (NOTE: PUBLIC HEARING FOR VARIANCE TO FENCE INSTEAD OF TILE THE EIGHT MILE LATERAL SCHEDULED FOR NOVEMBER 3, 1993) 4. ORDINANCE #622: REQUIRED USE OF CITY WATER: (APPROVED) 5. WATER AND SEWER DELINQUENCIES: (APPROVED) 6. APPROVE BILLS: (APPROVED) 7. DEPARTMENT REPORTS: A. WAYNE FORREY - PLANNING DIRECTOR I. PROGRESS REPORT CONCERNING BESTWESTERN CONCRETE (DEADLINE OCTOBER 15TH) 2. PROGRESS REPORT / UPDATE CONCERNING COMPRENSIVE PLAN AND RELATED ORDINANCES (OCTOBER 19 PUBLIC HEARING) 3. PROGRESS REPORT CONCERNING CHATEAU MEADOWS #8 SUB DRAINAGE SITUATION (TEST HOLES) 4. HEAT MAT IN CONCRETE THRESHOLD OUT FRONT OF DOOR CITY HALL BLDG. - WARREN MCQUERY SPLIT COST OF MAT ($900 - 1000) 5. MILL BLDG. DEMOLITION - $5,000 MIN. EXPENSE 6. AMICH PROPERTY - RENTERS UNTIL JUNE 1994 FOR SCHOOL AND CHILD MERIDIAN CITY COUNCIL OCTOBER 5. 1993 The Regular Meeting of the Meridian City Council was called to by Mayor Kingsford at 7:30 p.m.: Members Present: Ron Tolsma, Bob Giesler, Bob Corrie, Max Yerrington: Others Present: Butch Suor, Clark Burkett, David Collins, William D. Collins, Mary H. Johnson, Gary Smith, Wayne Forrey, Rick Cummings, Craig Groves, Jim Merle,Jack Riddlemoser, Bill Gordon, Jim Johnson, Wayne Crookston, Warren McQuery: MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 21, 1993: The Motion was made by Tolsma and seconded by Giesler to approve the minutes of the previous meeting as written: MOTION CARRIED: All Yea: ITEM #1: FINAL PLAT FOR KENTFIELD MANOR SUBDIVISION 56 LOTS BY MERIT HOMES INC.: Kingsford: Council members have any questions, comments about Kentfield Manor? Giesler: Guess I have a question of Gary regarding the problems they were having with sewer grade, and I want to see if that has been resolved? Smith: Mr. Mayor, Councilman Giesler, I talked with the Project Manager tonight, Rick Cummings, and he said they are within the process to get that resolved. They have met with the property owners to the north, and they have an alignment worked out so that the sewer line will be on minimum grade. He feels that it's all,some details left, but it's all in a workable situation. Kingsford: Any other questions for the staff or the engineer? Corrie: Mr. Mayor,I wonder Wayne will you give me a little more information on this Fire Station two, please? Forrey: Mr. Mayor,Members of the Council, Councilman Corrie, In the conference of planning process looking at the service needs of the entire community, working with the Fire Department and citizens, several Fire stations were identified as satellite Fire stations #2 was identified in the area that encompasses Meridian City Council October 5, 1993 Page 2 Kentfield Manor, north of Cherry Lane, south of Ustick,along Ten Mile Road. That was indicated by the Rural Fire Commissioners,and checking with Idaho survey and Rating Bureau. The comments from the Fire Department regarding Fire station #2 centered around the distance in terms of having subdivisions outside of 2 1/2 mile radius of the central downtown Fire station, because the city was pushing so far to the west, in getting some areas just on the edge of that 2 1/2 mile radius, we felt that we should make sure that we had a location for satellite station #2, prior to development out there that would, that could cause the city's insurance rating to drop or the rates to increase. And this is an area where we've talked to the developer about potentially looking a fire station site in this particular subdivision. We've talked to other developers three sites have been identified,one in this area, one north a the corner of Ustick and Ten Mile, and one on the south near Cherry Lane and Ten Mile. Any of those sites i think are acceptable to the Rural Commissioner. I don't know if the Fire staff have centered on one site or not. This is a question mark and it's identified in the conference of plan and we need to address it. And I think it's appropriate for the developer here, who contemplated if this is an appropriate location for the satellite Fire station, if it is I think we should enter into negotiations to maybe acquire a site. If it's not then we still have those other two optional sites that are under evaluation. I hope that helps. Corrie: I guess my next question Mr. Mayor is the developer willing to do that, are they here? Cummings: Mr. Mayor my name is Rick Cummings, I represent the developer Merit Homes, I work with Hubble Engineering. The developer is very aware of the situation concerning the extra Fire station. He is not willing to give up a site within the subdivision because of the amount of area within the subdivision. It just does not lend itself to a Fire station. He is willing to negotiate with the city concerning fees or monies contributed to a Fire station wherever may be chosen. Corrie: Thank you Meridian City Council October 5, 1993 Page 3 Kingsford: Anything else Council? If not is there a motion on the Final Plat? Giesler: Mr. Mayor the question, regarding the gentleman's comments, if I heard him right, that we decide on a different location that they would agree to contribute a certain amount of funds or I'm wondering if we need this in the motion? Kingsford: We would just call them as willing to negotiate,I would suggest then that in a motion if that's the Council's pleasure that there be made a provision maybe authorize either Mr. Forrey or Myself or one of the Council to be on the negotiation. Giesler: Mr. Mayor, I move that we approve the Final Plat for Merit Homes Inc. Kentfield Manor subdivision, with stipulation that meets staff approval and also have the City Planner and the Mayor to negotiate the possible Fire station site or necessary details on that issue. That's it. Yerrington: Second Kingsford: Moved by Bob Giesler and second by Max Yerrington to approve of the Kentfield subdivision by Merit Homes Inc. condition upon staff approval and the City Planner and Mayor negotiating a satisfactory resolution to the Fire station issue and or fees. All in favor? MOTION CARRIED: All Yea: ITEM #2: FINAL PLAT FOR SUMMERFIELD SUBDIVISION BY G.L. VOIGHT Kingsford: Does council have question for either staff or their engineers? Tolsma: I had a question, probably the same issues. The whole school site that was negotiated out here when , this letter we got here from the School District says their no longer interested in that particular area. Meridian City Council October 5, 1993 Page 4 Kingsford: Would you address that Mr. Forrey since you had conversation this afternoon with the School District. Forrey: Yes, thank you, Mr. Mayor,Members of the Council,and Councilman Tolsma. In the Conference of plan the School District identified generally where school sites were needed. In this section in the center generally is a school symbol. It is not necessarily site specific, it's floating, meaning in that section there, a school is needed. At the preliminary plat approval stage of this particular project I believe Don Hubble indicated that the developer would work with the School District to identify an acceptable site. And work through the this issue, and they have been doing that. And in fact they got to the point where I think Mr. Craig Groves - Help me Craig if I am getting this wrong. I'm getting it from Mr. Mabe, and I talked to him about 4:50 this afternoon. To help move that along and comply with the preliminary plat requirements Mr. Groves and Mr. Mabe have identified a farm owned by Mr. Davis that the School District felt was a good location and pretty much in the center of this section. they approached Mr. Davis and he indicated that he had no objections to a school site on his property if he would ever develop it. Mr.Mabe indicated he would like to something in writing, so to bring that to pass Mr. Groves kind of came up with an excellent idea and that is to negotiate a first right of way refusal between Mr. Davis, who owns this farm ground next to Summerfield and the School District. So Mr. Maye feels like the city could go ahead and approve the Final Plat, but he would like a condition on the approval that that agreement that first right of way refusal agreement be negotiated and signed by the School District and that Mr. Davis, I guess, or the appropriate parties, that then would give them the assurance that there is a school site there so that when development occurs they've got the ability to move in and the school problem. That would remove that stipulation from the preliminary plat would allow the Final Plat to be approved. So that was his specific request tonight that there be a stipulation on the approval of the Final Plat. Kingsford: Mr. Groves wants to speak to that issue so let's maybe clear that up. Craig you want to? Meridian City Council October 5, 1993 Page 5 Groves: Over the last several months we've had many conversations with Mr. Davis and his wife about the possibility of a school site on their property. The conversation we've had with Mr. Davis is that if and when he is ready to sell his property, he certainly would not be opposed to selling his site to the school as long as it wasn't market value. And I have asked him if he would be opposed to putting that in writing and he kind of indicated,®well just have the School District call me and I'll tell them that over the phone11 okay, I've told Mr. Mabe that we would try to get this in writing but you know he didn't express to me that is was a condition. I guess I'm confident that Mr. Davis is a man of his word, will if and when he is ready, he is a dairy farmer right now ha kind of indicated that if he sells it will be 5 to ten years from now. I don't know what the school's needs are for a school site, Mr. Mabe had indicated to me that it would be five to seven years in that area. Now that could be sooner I don't know. Kingsford: First our concerns as are the Schools District's that something like that is a verbal thing is not binding certainly on Mr. Davis' heirs of successors and we want very much to aid the School District in ensuring that there is a site there. In my recommendation to council that we stipulate in the approval that we either get one a first right of refusal at market value from Davis or from this development. Or, an appropriate fee, you know to set aside on somewhere, and that could be in the negotiation. Groves: Well, I mean that is really coming from the Council, and it's not coming from the School District. Kingsford: The School District in our discussion with Mr. Mabe this afternoon,that was what he said and certainly what the letter form Mr. Mabe said is not concurrent with what we meant with School Board members a week ago last night. They asked us to give some help to them in locating sites conditioned approvals on that, so that's like a, Mr. Yerrington and Mr. Giesler and myself met with them and that was thrusted their conversation in. Groves: Like I said we will diligently work on the issue I would hope that it wouldn't be a condition of the approval, but. Meridian City Council October 5, 1993 Page 6 Kingsford: Well, if it isn't we've got no handle. Groves: Yes, I understand that, other than you've got my word that I'll work on it very hard to get it done. Kingsford: I feel good about that, but I'm not sure. Any other questions or comments from the Council? Tolsma: Mr. Mayor, I do have one question with Gary's few comments on the floor about that modeling data computer modeling data. Do we, should we have that also in the minutes as far as approval, that that is indeed done,because of the well situation out there. Mercle: Mr. Mayor, Members of the Council, I'd like to Kingsford: Would you state your name please. Mercle: I'm Jim Mercle with Hubble engineering, I'm a representative for the applicant. Regarding the school site issue I'd like to throw out a possible solution. the school site wouldn't be located in a Phase 1 portion of this 68 acre project, anyway. It would towards the center section, and if Mr. Davis, if we can't get our first right of refusal agreement with him, and if it would be in the Summerfield subdivision it would not be within the first phase it would be within the future phase, so one possible solution would to make a condition on the future phase but to hold up the first phase. Maybe those negotiations can't be done by the time we need the City Engineer to sign the Plat. And I don't feel the client should be held hostage for that issue on the first phase at least. Kingsford: Any other comments from the Council? 71 lots,How many lots were in the entire? Mercle: 198 Kingsford: You can put that restriction on whoever the assessor was. Mr. Mercle the data that we have call out 71 lots. Meridian City Council October 5, 1993 Page 7 Mercle: I think that's because on the application he included all the common areas and each individual area but there are only 61 fillable lots. Probably 10 common lots or landscape lots. Kingsford: What is the Council's pleasure? I think Mr. Mercle point is well taken we could hold the passage on the next date certainly. Tolsma: Mr. Mayor I would move to approve the Final Plat of the Summerfield subdivision 71 lot, subject to the engineers approval of his comments and that the School District site be included in the overall project but not necessarily n the Final Plat of the first phase. Kingsford: Is there a second? Yerrington: Second. Kingsford: It has been moved by Ron and seconded by Max to approve the Final Plat for Summerfield subdivision 71 lot conditioned upon engineer approval and subject to a stipulation the school site approval in the next phase, either there or negotiated in that section. All those in favor? MOTION CARRIED: All Yea ITEM #3 - ROD'S PARKSIDE CREEK #4 106 LOTS BY L & R SALES Kingsford: Any questions or comments from the Council on that? Giesler: Mr. Mayor, I guess I'd like to have Gary explain some of his comments. Gary is any of these things been resolved, or is it sill pretty much, a lot of things to take of? Smith: Mr. Mayor, Councilman Giesler, I received an updated Plat that, yesterday or this morning, from the Project Manager of Hubble engineers, and a letter of apology based on the incomplete lat that was submitted, I'm not up to speed on their operation on the computer edited drafting design system that they use nowadays, but apparently part of that program had been turned off Meridian City Council October 5, 1993 Page 8 when they, a transparency was produced, and it just didn't get checked when it went out the door. They did return a complete Plat to me this morning, and it has on it according to Mr. Cummings the corrections that I requested, but I have not had a chance to look at it. Giesler: How long until that would be? When will that be? Smith: Oh, Giesler: A week or so? Smith: I suspect something like that. Kingsford: Certainly before Gary would sign the Plat. Smith: I think it's just one of those things that happened, it hasn't happened before, so I was ,saturday I was a little taken back by it. I shouldn't work Saturdays. Kingsford: Mr. Tolsma Tolsma: On the street names, did you get that comment sheet from Walt Casey? Where that one little section of street the name is Fuller - Smith: That was an issue Kingsford: That would have to be private, a blue private street anyway. The Recreation District has the pleasure to do that, they pick up the signage from the Highway District it will cost them, the cost of printing a sign. Smith: I have been unable to get a hold of Walt is out of town , but that is exactly what he would want to do. Kingsford: Any other questions from the Council? So the representative of on that issue, the engineer, what's the situation now with Nampa Meridian the sellers district on that since our visit there, have been in contact with them. Meridian City Council October 5, 1993 Page 9 Cummings: Concerning the eight mile lateral. Kingsford: Pressurized irrigation. Cumminings: Oh,no sir we haven't. Kingsford: They claim they resolved the jurisdictional questions on that, and asked the Council at our last meeting in their presentation to help them with that program. Would be nice if they get it going, they claim they do. Still would rather if it's possible to do that to have surface water rather than us service that with well water. We look to go through the hearings and amend our ordinance to do away with the option in the near future. We would appreciate if you would work with us on that. Anything else from the Council? Corrie: Mr. Mayor, I°m sorry but Wayne I need some more information from you in reference to your letter regarding a quest for variance.did they request a variance on this Final Plat or is it in there or what, I don't quite understand. The hearing is in November? Forrey: Mr. Mayor, members of the Council, the Final Plat is submitted just shows an easement for the eight mile lateral, but as the developer looked at our ordinance and realized that our ordinance requires tiling they then contacted the city and wanted to propose fencing the eight mile lateral, rather than tiling. That application was then submitted, a public hearing is scheduled for November 3, Will is that correct? So that variance request would be before the city at your first meeting in November. The Final Plat is here as submitted, the Final Plat doesn't show whether it is to be tiled of fenced so it possible the city could approve the Plat tonight and then they would have to tile unless they proceed with the variance request for November 3. And then I had an option in my comments, because in the variance application, the developer indicated the reason was cost, to reduce cost. So I addressed that in the bottom in my comments, as possible way to help him reduce cost but still meet the intent of the ordinance. I hope that helps. Meridian City Council October 5, 1993 Page 10 Kingsford: Is there a motion? Corrie: Mr. Mayor, I would move for the acceptance of the Final Plat on Parkside Creek #4 subdivision subject to the comments of the City Engineer are all met and I guess we will take care of the variance later, that's the motion. Kingsford: Is there a second? Yerrington: Second Kingsford: Moved by Bob Corrie and seconded by Max to approve the Final Plat of Rod's Creekside #4 conditioned upon the City Engineer's approval of all of his requirements. All those in favor? MOTION CARRIED: All Yea ITEM #4 ORDINANCE #622: REQUIRED USE OF CITY WATER Kingsford: An ordinance of the city of Meridian amending chapter 1,title 5 the revised tile ordinance of the city of Meridian by the addition thereto of a new subdivision to be known as 5-1048 required use of city water and providing for an effective date. Councilor, would you give the Council and audience a brief history as to the necessity of this ordinance. Forrey: This is a requirement that is already in the water ordinance. Gary Smith desired to have this brought up more, to a more forefront position so that it becomes or prevalent in the ordinance. We did not delete, where exits already, but we're just adding this up front so it's clear that people have to connect to city water, when it becomes available pursuant to the ordinance. Kingsford: Is there anyone from the public that would like Ordinance #622 read in its entirety? Entertain a motion? Tolsma: I move to approve Ordinance #622. Meridian City Council October 5, 1993 Page 11 Giesler: Second Kingsford: Moved by Ron and seconded Bob Giesler to approve Ordinance #622 as a special rule. Roll call vote, Yerrington -Yea, Giesler - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #5 WATER AND SEWER DELINQUENCIES Kingsford: Before me in writing are are the two , who have the right to a pre -determination hearing before the Mayor and Council, to be judged on the fact that the claim made by the city your sewer water and trash bills are delinquent. So the public that elects to test the sewer/water/trash delinquency. Entertain a motion to approve the turn off list. Moved by Bob Giesler and seconded by Ron to approve the turn off list. All those in favor. the amount of the turn list this month is $13,735.39. They're hereby informed that they may appeal or have the decision of the Council reviewed by the Judicial court pursuant to Idaho Code, even though they appeal their water will be shut off. Turn of date for delinquent water will be 10th of, pardon me the 13th of this month, unless payment is received in full. MOTION CARRIED: All yea ITEM #6 APPROVE BILLS Kingsford: The next item is approval of the bills. Yerrington: I move for their approval Tolsma: Second Kingsford: Moved by Max, seconded by Ron to approve the bills. All those in favor? MOTION CARRIED: All Yea Meridian City Council October 5, 1993 Page 12 ITEM #7 DEPARTMENT REPORTS Kingsford: Mr. Forrey, let's begin with you. Forrey: Mr. Mayor, members of the council, I'd like to give you an update status report on the Best Western Concrete Products. I took a few minutes this afternoon and went back through the files and the calendar, logs and typed up just kind of an overview of what has been happening, where we're headed. On May 18 we had an agenda item at the Council meeting to discuss various compliance issues, looking at the Ordinance and the issues with the company itself. Then on June 15, under Department Reports at a Council meeting we again discussed various specifics and a 30 day period to help the business meet the intent of ordinance. The following day then I submitted a letter outlining all of the compliance issues that the business needed to follow to get to a point where we could issue a zoning certificate which is a compliance certificate and then follow up with a certificate of occupancy. Neither of those 2 pieces of documents, you know permits, or letters have ever been issued to this company. So that was my intent to get to that point. Then on July 6th there was an appeal by the applicant of several items in that letter, they were,the base of the firm was to be cobblerock instead of turf, and to remove a fence at the request of Mr. Elmo Powell, not wanting to be screened from Best Western. And no other items were involved in that appeal. Then on July 27 I did review the site plan as submitted it had some deficiencies, and kicked that back to the business and asked them to make some revisions. August 20th I scheduled a meeting with neighbors and business people to review my comments on the site plan, why I was asking for the things we were asking for. Then on September 7 and 8 received the updated site plan and some letters from the Highway District, Bill Collins their attorney, clarifying some of the issues on the site plan. Somewhere between the 9th and the 13th I reviewed those documents, prepared a letter. On or about the 15th of September a second letter, we had the first compliance letter back in June 16th. The second letter goes to the business specifying what has to be done with a schedule. September 20th and 24 we had conversations with the business and their representatives discussing the schedule. October 4, Monday this Meridian City Council October 5, 1993 Page 13 week, we talked to Mr. Bill Collins their attorney, he indicated they had made some very good arrangements with the contractors to expedite, and actually would be buying material that they have on sight, if you recall they wanted to use cobblerock because they had that material on sight, and were going to screen that material, in order to expedite they decided to buy rock, he indicated that, so it sounded like things were moving well. Today, I did just make an interim site visit out there, just to look and verify that things were moving, and I think they are moving in the right direction. And I think it's important to note that it's difficult when you have 2 polarized opinions on something, but I've tried to be fair to both parties, listen to both parties with respect to both sides of it. Our ordinance has some deficiencies, it's not perfect, and it doesn't help in this particular situation. Nevertheless, I plan to enforce the ordinance I will meet as I indicated in my letters on the 7th of October and 15th of October to work with both sides and the neighbors and Best Western to make sure that things are done in accordance with the Ordinance, even if it has deficiencies, I would also say that through our conference for planning process we have identified some weaknesses, and we've taken the steps in the plan to see that this doesn't happen again, but right after adoption of that plan, we will be moving into updating the zoning and development ordinance,and learn from this lesson, so that it doesn't happen again, in fairness to both sides. So that is where we stand, and I think it is just a matter of a week or so now and I think we'll have a better progress report to the City Council. I think both sides myself want to this put behind us. That is certainly what I'm working for. Kingsford: Any questions for Mr. Forrey on that issue? Corrie: Mr. Mayor, Wayne are you sure they are going to get this done by the 15th or are they requesting anything from you, any time extensions or anything? Forrey: In one of those conversations,I don't know what day, Sam Lore did indicate to me that he would like a time extension, and he had some very good reasons for that. In terms of the material and weather and wanting to do the job right, and he was trying to Meridian City Council October 5, 1993 Page 14 get some landscaping material out of state and made arrangements to do that, and looking at all that, he said I might need some more time. then I had a subsequent conversation with Bill Collins and he said we've decided to move forward quicker and purchase landscape locally and buy the rock locally and hire a contractor to do some things. That's why I wanted to go out today, the berm I think is substantially constructed, are the Lore's here tonight? Looks like they are making some good progress. So I feel it can be, one of the questions I debated over in my mind was 30 days enough.I based that on the fact that they had equipment there and the semi -construction business, we felt 30 days was adequate, and in prior conversations with the Council and applicants 30 days had been kicked around on several occasions, which I noted here. So I felt comfortable with that. Now if there are extenuating circumstances I am willing to look at that but at this point I holding fast on October 15. Kingsford: Did you want to address anything to Mr. Collins? Corrie: I guess is there any reason why you are not going to be done by the 15th? do we need to take any particular action tonight? Collins: Bill Collins, representing the applicant, it depends on how quick we can get the trees in. Basically the berm is constructed, the cobbles are on the berm, the rock is on the berm, the matting has been placed. The Cloverdale Nursery is where we're going to get the trees, their going to try to come out, we're going to try to pick up a load tomorrow,we've got to put the trees in, we've got to get a water line in that same time, depends on what the weather does. the trees are available, the pipe for the water line is available. I don't know, it just depends when we get the contractors there to get it done. We're hoping to be done by the 15th, that's our goal. We won't be done or substantially complete by the 7th, which is day after tomorrow, we won't have the trees in by that date. Corrie: But I believe they did give you until the 15th to complete it, is that correct? Meridian City Council October 5, 1993 Page 15 Collins: Yes Kingsford: What's the status of your contractor in terms of paving into the entry ways on Overland? Collins: That I don't think has been explored. I don't think we've discussed that paving on those entrances. Kingsford: Mr. Forrey wasn't that one of the conditions on the site plan. Dust was a big issue as I recall with the neighbors. Forrey: That's correct Mr. Mayor, and I guess I need to get some time to talk to Larry or someone at the Highway District. Do you recall Bill of any mention of the Highway District's approval talked about. Kingsford: Approval from the Highway District, just to those entrances and gres et gres. Collins: The Highway District may have said something I just don't recall. If we're required to do it we'll do it. Right now it's a gravel base and they are not finished with it. They don't want us to pave Linder I'm sure of that. Kingsford: As soon as that's done those entrances or whatever the Highway District requires will those vehicles stop using Linder which is definentally a dustbowl. Collins: They put down some more gravel on Linder I think, while they're hauling some of this gravel. Kingsford: It was a disaster this afternoon. We nearly lost the city car out. Collins: I want to make sure that I convey what the Council wants back to my client. Kingsford: We want, since we don't own the streets we want whatever the Highway District requires on those entrances, and if they're going to use Linder as an entrance they've got to do Meridian City Council October 5, 1993 Page 16 whatever they require them to do. Collins: Okay Kingsford: Any questions or comments from Council? Ellen our conversation with regard to the entrance, now what I sized that up without measuring it it appeared to be what the site plans said and it doesn't come right out and face into your house, it's a ways to the east. Ellen: I'm still, the observation though is that you can see tat entrance from our living room. Kingsford: It's not directly across Ellen: It's not directly across Kingsford: Any other questions of comments from the Council? Giesler: Mr. Mayor, I just like to say that I defiantly lean to pursue the 15th and keep us informed of that. This has been going on for months. I think that this is adequate time. And I'd like to keep informed of this Wayne. Corrie: Mr. Mayor, I would like to have a little more solid , I too want to be informed, but I think that we've been on this thing long enough. I think if it is not finished by the 15th then we should proceed with red tagging that, until it's done. And it's not to go any further until it is done. And I will put that in the form of a motion if it's necessary. Kingsford: Mr. Riddlemoser do you think that is appropriate? Riddlemoser: I think it's appropriate. Kingsford: Is there a second? Moved by Bob Corrie and seconded by Ron to proceed with the stipulation as to the letter that it be completed by the 15th, steps taken to red tag if it's not. All those in favor? Meridian City Council October 5, 1993 Page 17 MOTION CARRIED: All Yea Kingsford: Anything else Mr. Forrey? Forrey: Yes Mayor several other items under Department Reports. Just to remind the City Council that October 19th the next city Council Meeting is a public hearing on the Comprehensive Plan. There is now a recommendation from the Planning & Zoning Commission and Findings of Fact that you have looking forward to another good public hearing, it's been a good public involvement process. The third item here is a progress report concerning Chateau Meadows #8 the drainage situation. I'll talk real quick and show you a couple overheads. This was brought to the Council, by several citizens that live in that area and I went out ad photographed the area, analyzed the situation with al the parties involved. We conducted an informational meeting here at City Hall. I think that was the 15th of September, I think a Tuesday afternoon at 4:00 and sent out letters, we had good participation. We then decided to meet a week later and outline specific steps, we did meet, we met last Tuesday, we outlined specific things that four different parties would do. Let me show you that. We felt that the city should be doing some things and so we committed ourselves by Wednesday the 29th of September to get a contractor and dig a test hole and then also retain an independent consultant to evaluate soil data out there. That actually was done on Thursday September 30th. We did accomplish that. We asked home builders then to contact Tim Burgess of Civil Survey and provide soil information that they recall when they built the homes out there, of the foundation and soil condition, report that to Tim Burgess so he could round out his thinking of what happened a year and a half ago during construction. We asked the homeowners to give permission to our engineer and city staff as well as the developer and his people to do soil hand auguring on their property, which we did, and under development actions, or developer actions we asked I think it's Interwest Development, Leon Blazer to use his engineer or someone else to hand augur a hole on these six effected properties. He committed to do that and then Mr. Collins had some out of town engagements and scheduled got tripped up, and it didn't happen. So I made a phone call to Mr. Blazer today, and Meridian City Council October 5, 1993 Page 18 indicated that this is serious, he knows it's serious, but homeowners are expecting us to meet this schedule. So today he hired Intermountain Testing, and they will be on these properties tomorrow starting at 9:30 in the morning to hand augur some holes in the backyards and around the foundations of these homes. There are six properties involved, each of those little green circles that you see, the backyards of those six lots. Test hole #1 was dug by Huble Engineers on one of their projects. Test hole #2 that you see up there in the north-east corner, this is the city felt like we should get the additional soil information, just outside the boundary of the subdivision and natural soil. We have test results of #1 and #2. The third piece of information that we don't have, which we desperately need, is the results of hand auguring in the backyards of these homes. Tim Burgess tells us when he has all of that he can then piece together an engineering solution and we'll know if it was improper soil a times of construction, we'll know if the foundations were built correctly, or if its the right elevations,if the builder is responsible, or the homeowner is responsible, or the developer, or the developer's engineer, or the city, we'll know. And that's what citizens have asked for, and so anyone that's here - I know Butch Suor is here, he is one of the homeowners I've asked again for a couple more days of a patience to let the developer and his people get out there and do some test holes and give us a day or two to analyze the results. I think by the end of the week, Butch, we'll have that letter that I said we'd have. And there's a couple folks here tonight that may want to ask questions. Suor: Mr. Forrey, how deep do you dig these test holes? Forrey: Test hole one,help me Jim, nine feet to ten feet, test hole #2 I think is nine feet, Gary,a static water level at six feet,and it was a dry hole. What we're anticipating though in the backyards is something narrow like a four to six inch hand so we don't rip the back yards, and it will just go down to hard pan. Maybe a foot, two or three feet, I guess wherever they hit it. Wherever the engineers feel they can get the data to know where the water is coming from. Meridian City Council October 5, 1993 Page 19 Kingsford: But the site according to the, where test hole 1 and test hole 2 were dug because there is still water. Forrey: No groundwater, down at six feet there is, but nothing at the surface. In the backyards,Butch how close to the water? Suor: Oh. I've got a few inches of water Forrey: So it's just a matter of inches. Fifty- sixty away, or a hundred feet away we got it several inches from the surface,other places it's six feet, strange situation. Kingsford: Any other questions Council? Tolsma: Those holes they dug out, did they dig down to the hard pan and let them set for awhile or did they just pull them right through? Forrey: I think they went below the hard pan Tolsma: You didn't just dig down to the hard pan and let them set for awhile? Forrey: No we went through it. Kingsford: Did that sand and gravel below the hard pan, look as that would perk? Make sure you get that stuff from whoever it was that the developer engaged. Forrey: Mr. Mayor two other items, Warren McQuery a local electrical contractor did all the electrical work on these first street. I think Warren must have done some electrical work on City Hall when it was constructed, he asked me about a heatmat in front of the doors, he indicated it was not working properly. Kingsford: That's true. Forrey: And,Warren felt like it might have been some faulty equipment. He felt it was installed correctly but just failed and now we've got to tear it out. He wanted me to make a proposal to the Council for your consideration, that is that he would pay half the cost. Meridian City Council October 5, 1993 Page 20 If the city chose this fall to tear that concrete out and put in a new heatmat he would participate in one half of the cost. And he would like to use his crews to do it to save cost. It's something to think about. Kingsford: Council consider that next meeting, that's blown out at least three times. What was it the east side of that, City Hall was constructed has heat underneath it, it's supposed to keep the ice and all that off so people wouldn't slip and fall. So that's the issue that needs discussing. Forrey: Last item Mayor, we advertised in the Valley News, for someone to get interested in demolition and salvage of the old mill building, which the city owns. We had one person interested, fellow by the name of Charlie that owns the B.C. Bar on Franklin. Charlie looked at it and got interested and i followed up and he sid it's hunting season and I can't get help. All the help has gone hunting. He's bowed out. That's Idaho. Kingsford: So we're back to our two contractors Forrey: I think so, and it's a block round eligible expense so we have a budget for it, it's just we were trying to save $5,000. I think that's about what it's going to cost to get that down. At Council pleasure we'll take action. Kingsford: All those in favor? MOTION CARRIED: All Yea Forrey: We have a nice young family paying rent about $500 or $550 a month. Now they have requested that they be allowed to remain in the home until school is out in June of 1994. Department of Commerce doesn't have problem with that as long as after it's vacant we take action to clear the site and get ready for parking lot. I haven't written a letter back saying what our position is, I wanted to chat with the Mayor and the Legal council, but they'd like to stay through the winter in that home. Tolsma: Now the other one is, the right across from City Hall Meridian City Council October 5, 1993 Page 21 Forrey: Yes, that's the last use of those block grant funds and whatever is left over is kind of earmarked for the demolition of that building. At one point we had $30,000 left over, now I think we're about down to $25,000. And then today Bruce met with Huble Engineers and ACHD and there is a little more work the Highway District wants done in front of the Post Office or the Police Station. The road has a dip in it and it's catching some cars. They want some reconstruction there and Don from Huble graciously agreed to help budget wise because he knows we're down to the end of the Block Grant fund. He said he'd help us pay for some of the tear -out and replacement to make that work. I don't know we're going to be somewhere between $20,000 and $25,000 remaining Block Grant funds that we indicated would partnership with the Church to demolish that and develop a parking lot. That's where we're at. Yerrington: Is there an idea when they'll pursue the parking lot? Forrey: I don't know, I guess they're probably waiting for us. Kingsford: You might get back with them. Tolsma: Just point of clarification, when are they going to start on that Cotton Cave convicts ditch there that's there by the Police Department? Kingsford: That's what he was just talking about. Put a little sign there to slow folks down. Giesler: That's a speed bump isn't it? Kingsford: Certainly was. Walked over there yesterday and boy it, one car went through there at 35 which is ten over and they pretty much launched. Chief thought somebody left a muffler out there over the weekend. Yerrington: Mr. Mayor, Mr. Councilmen I just wish we had gotten to this point long about June or July, now what's happening because the farmer adjacent farmer have just past up their last two water Meridian City Council October 5, 1993 Page 22 rotations because they just dumped it down the waste ditch. In other words their done farming, we haven't had any rain like we normally do in September. So, hopefully we can , with the test holes see something, but with the surface water, surface water has been running about six foot holes all year round, but we're concerned with the ground water, which has been depleting for the last four to five weeks. Because there hasn't been anything being added to it. And what my position on it was with the hard pan there and providing head with the soil above the hard pan develop a head there which pushes the water laterally. So, I just I'm glad we're this far but, I'm a little bit disappointed that it took this long to get here. Because my property had a red tag on it on the 28th of April. Kingsford: What I think I hear you saying is that we need to take another look at that in the spring. Yerrington: I was, this is my big concern, because with spring rains and spring fog you're going to have a lot natural ground water on there even before you start the irrigating season. Kingsford: Mr. Collins, you had in your hand up, you wanted to make a comment previously. Collins: Well, actually, I'm meeting with Intermountain Gas at 9:30 in the morning, I'll be on site with them. this is their first fall with the project. Kingsford: Thank you, Chief. Gordon: For those of you that were not at the Chamber of Commerce meeting today I'd like to inform you that Police Department has moved into the new facility and we're totally operational. We are still hanging things on the walls and unpacking boxes but, we are operating out of there. The ditch in the front, well I haven't found any mufflers but I've been told there have been a few on the weekend. I'd like to take this opportunity to give the Mayor and the Police Commissioner keys to front doors. Meridian City Council October 5, 1993 Page 23 Kingsford: Not the restrooms? Gordon: They're not locked. And thank you, any questions? Those of you who haven't been down, come on down we'll give you a private tour. Kingsford: The Chamber of Commerce was going to do a ribbon cutting there today Chief realized they weren't fully open, carpenters were still there. That has been rescheduled for two weeks from today. Those of that are available I'd encourage you to be at the ribbon cutting at the Police Department two from today the 19th? Gordon: I think it's the 20th. Kingsford: The Chief is personally buying punch and cookies for the crowd. Gordon: I will make sure you have the correct date, the 19th. Kingsford: Mr. Chairman Johnson: Regarding comments on the Comprehensive Plan, we think it's a pretty good document. We've had a lot of talk about controversial items in there. A lot of testimony, I would just suggest that, because Know there will be a lot of testimony here, perhaps spend some time on our notes and minutes of our meetings to prepare yourself for that because there are some pretty heated issues. Several subjects in there, obviously. I know it's not perfect, but we had an awful lot of input, public input and an awful lot of hours. We know we'll be rewriting it down the road. I wold certainly appreciate if you would actually look at all the testimony. Kingsford: Thank you Jim, Mr. Smith, Mr. Crookston. Crookston: Yes I'd like to bring up before the Council, I submitted a part of the budgetary process a request for fee increase, for the criminal prosecution hours. We've not increased that hourly rate in three years, it's now $47.50 we're Meridian City Council October 5, 1993 Page 24 requesting $50.00 an hour. I did not request an increase last year, because I did request an increase in that retainer, I am requesting this year that also be increased $2.50 to $75.00 an hour. that's less that what I understand many of what the other attorneys are charging their cities, I just request the Council to consider to take action on it. Kingsford: Any questions from the Council of the Counselor? That was part of the budget package, that was reviewed. Thing about the attorneys budget for that amount we have no control particularly over the civil but over the criminal as to how many gangsters and so on. Chief assured me there was no crime in Meridian today. Crookston: And this was taken care of in the budget? Kingsford: Certainly, if something extraordinary comes about we deplete that budget. That was the basis for it, the attorney budget that we budgeted for. Yerrington: If we agree to this when would it become effective? January 1st or? Kingsford: That's the Council's decision. You can make it the year 2000, second century. I think the counselor would like to see that either effective the first of this month since it's a new budget year or the next month. Or you don't have to approve it. Yerrington: Can we table it for two months? Kingsford: The law says you can table something to dates certain as you wish. Is that true counselor? Crookston: That is correct. Kingsford: Mr. Giesler, did you have Giesler: Yes, I move that we approve the City Attorney's request for fees increase on both civil and criminal, to his proposed Meridian City Council October 5, 1993 Page 25 proposal and that we make it starting October 1 our budget year. Yerrington: Second Kingsford: Moved by Bob Giesler second by Max to approve the fees increase $2.50 on each civil and police work to bring that to $50.00 for police and $75.00 for civil, all those in favor? opposed? Anything else counselor? Crookston: Thank you Kingsford: I should think so. Max. Yerrington: We'd had a weed ordinance which was in our, Kingsford: I left that with our Esteemed City Clerk to bring up comments, Let's do it now. Ordinance #623 of the City of Meridian repeat on section 8-903 is the title 8 chapter nine of the revised power of the City of Meridian and reenacting section 8-903 provided for an effective date. Counselor do you want to do a brief summary of that. Crookston: Certainly, this is basically a minimal change to the Weed Ordinance that we have now. It changes the authorized individual from the Fire Chief to the City Clerk to give notices and to take action when the Council directs that the weeds be burned. It changes the time period in which the owner of the offending property or person in control of the offending party has to comply, we changed that from ten days to five days. Kingsford: Reason for that is was that stage of the summer five days on weeds, mean a lot of height. Any of the public that would like ordinance #623 read in its entirety? Crookston: Excuse me, one other thing that's key to this change that, much of it was based on whether or not it was deemed to be a public nuisance, we've inserted that the weeds had to be maintained at eight inches or less. Meridian City Council October 5, 1993 Page 26 Kingsford: Is there anyone from the public that would like Ordinance #623 read in its entirety? Entertain a motion Yerrington: I'll make the motion for approval with mention of the rule. Tolsma: Second Kingsford: Moved by Max and second by Ron to approve Ordinance #623 with special rules. Roll call vote: Yerrington - yea, Giesler - yes, Corrie - yes, Tolsma - yea. MOTION CARRIED: All Yea Kingsford: Anything else Max? Yerrington: No Kingsford: Bob Giesler: Nothing Kingsford: Bob Corrie: Mr. Mayor I suggest we Dorris. I have nothing else. Kingsford: Ron send a copy of this ordinance to Tolsma: Nothing Kingsford: Anything else Will? Entertain a motion Corrie: So moved Yerrington: Second Kingsford: Approved by Bob Corrie and second by Max to adjourn all those in favor? Opposed? I almost said resign and we'd all be gone. Can I reopen the meeting for just a second. I see Meridian City Council October 5, 1993 Page 27 Warren is here, and I wanted to ask you, did you I think that Mr. Forrey made some comments about the heated steps out there. Do you have any kind of an idea what that might be in terms of a price tag? McQuery: I tried to get a hold of my guy this evening and I didn't get a price back, my guess is about $900.00 to a thousand. Kingsford: That will include the cement and the bat and the whole thing? McQuery: My guess is that's just the cement Kingsford: Ok, so we'd be doing the cement work beyond it. McQuery: We'd be willing to supply the labor might take, to get the concrete out and whatever it takes we'll have it plugged up, of course the intersection there for a little while, but we wouldn't start that until we can get the. Kingsford: If you would, you could get us some reasonably affirmed costs McQuery: I got home late and couldn't reach the fellow. Kingsford: We get that, I've asked the Council to consider that, so we appreciate your offer on that. Motion once again. Moved and seconded to adjourn. All those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: We stand adjourned, thank you Warren. Meridian City Council October 5, 1993 Page 28 (TAPE OF FILE OF THESE PROCEEDINGS) APPROVED: n Ute/ GRANT P. KING, FO D. AYOR ATTEST: WILLIAM G. BERG, JR, IT CLERK akd