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1978 08-21 NERIDIArJ CITY COUNCIL AUGUST 21, 1978 ITFl~1: 1. f"IINUTES OF COUNCIL h1EETING AUGUST ~, 1978 OID BUSINESS 2, Meridian Greens j, Cherry Lane Golf Course Proposed Lease 14 ENCLAVES ~, FRAi~KLIPJ S~?UARE, SET-BACKS REVIEWED Q~b ACTION TAKEN) ~JE4J BUSINESS 4, Appropriation Ordiance: Ordinance No. 327 AN ORDINANCE SETTING FORTH THE TOTAL AMOUNT OF MONEY NECESSARY TO BE RAISED FROM TAXES ASSESSED ON THE TAXABLE PROPERTY WITHIN THE CITY OF MERIDIAN FOR THE YEAR BEGINNING OCT. 1, 1978 AND ENDING 9.30,1978 5, Ordinance Number 328: AN ORDINANCE MAKING AN APPROPRIATION OF MONEY FOR ALL THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, ADA COUNTY, ID, FOR THE FISCAL YEAR COMMENCING THE FIRST DAY OF OCTOBER, 1978, AND ENDING THE 30TH DAY OF SEPTEMBER, 1979, THIS ORDINANCE BEING KNOWN AS THE ANNUAL APPROPRIATION BILL, AND DECLARING AN EMERGENCY. CD~iJSULTANT REPORTS 9, CROOKSTOfd, JR, ATTOFZ'VEY EIlS4~JORTFi, J-U-B EF'~ItJEERS 12. ELLSLdORTH, J-U-B ENGIiJEERS 13, CROOiCSTON, JR. ATTORNEY (CormoMINIUM ORDINANCE) ~PART1~{'JT REPORTS 5~ WARD, EARL -NEW WASTE TREATMENT SUPERINTENDENT 8. HI~~4~AYR~I~ROVQ~VfS ~WILLIAMS) Z0, BODIPJE, PLAYGROUND EQUIPMENT ll, STUART, PUBLIC WORKS C~ Meridian Citv Council August 21, 1978 Meeting called to order at 7:35 P.M. by Mayor Don Storey. Members present: Richard Williams; Marvin Bodine; Joseph Glaisyer; Grant Kingsford Others present: Carl B. Ellsworth; Kevin Ross; Wayne Crookston Jr.; Norman Fuller H. G. Scott; Chet Hosac; Michael Milhollin; Steven W. Hosac; Bruce Stuart; Gary Green; H. Bud Persons; Roger Welker; Agenda The minutes of the previous meeting were approved as read. 1 OLD BUSINESS Agenda 2 Meridian Greens proposed Sewer and Water Extension: Mr. Hosac was present representing Meridian Greens. He stated that he had nothing new of significance, however, they are convinced that the route they are proposing is the best route for this project due to the economics right of ways and so forth. Mayor Storey stated that he was in opposition to going across the freeway to start with, but the Council approved. Now that they are in the City they should be serviced, iie recommended that the Council accept this. Williams stated in discussion his opionion is that he agrees with the Mayor but with some contingencies to be recorded in the minutes. He would move to accept proposal by Meridian Greens for the extention of sewer and water lines under the Interstate to Meridian Greens Development but stated the City does not accept the interim sewer facilities of a lift station in this area or in any way condone future development in that area, or any proposed extentions of this sewer and water line beyond Meridian Greens until the City experiences an infilling in the area that could be better and more easily served by proposed sewer lines. Kingsford stated that the City better include those areas already annexed not in Meridian Greens. Williams stated that. the City is accepting to Meridian Greens at this time and not beyond. Kingsford inquired if this was a Motion. Williams answerd "yes" The Motion was seconded by Kingsford. Norm Fuller inquired if,for example, they were to promote a good clean technical industry that wanted to locate in the area that Planning and Zoning has indicated in the Comprehensive Plan that they would like in the area. Williams stated that his Motion is as stated, the City want's an infilling from this point of development of the City realizing there is an existing proposed development platted across there at this point. Williams explained that what he was saying is that he is not in any way promoting or condoning any future annexations in that area for development. The City want's good clean industry but there are other areas it can be located within existing, easier to serve areas. The City is going to get to a point where we are outside the facilities planning area. As Cherry Lane Village is the marker at the northwest, Meridian Greens Development,as has been platted in the concept, is at this point the outer boundaries of the southeast until the City can do infilling. Mayor Storey stated that he was making it so tough the developers would not be inter- ested and is taptechnical, and should leave it up to Planning and Zoning on what recommendations they would make. It should come before Planning and Zoning and we are out of place if we make a motion like that. Williams stated that this will be a situation where we will get a lot of prossure out there for development to the southeast. Also a sewer treatment plant study;;is being started in the southeast and southwest by the County. This could be an overlapping situation or could be because the County is looking at this area fora possible sewer treatment plant in the future. Kingsford stated the City has the prerogative of review on proposed annexations. If there was an excellent piece of industry he would have no objections to it., but we should look at it piece by piece. Williams stated that he is saying that he doesnot want this Motion interpreted that we are promoting future annexation down there. Meridian City Council .2. August 21, 1978 (cont'd) Agenda 2 Development South of the freeway was discussed. The Motion was made by Richard Williams to accept but as a matter of current policy that the City is not promoting annexation and development at that point by accepting this. Mayor Storey stated that his feelings on this is that anything we do there we are stepping on the, oes of Planning and Zoning then we do not need them. Williams disagreed and stated that we are giving them guidelines to the way we feel at this point and they can make the judgements for themselves but know how we stand. All we are doing is giving policy guidelines. Williams moved to accept the proposal for extending the water and sewer line to Meridian Greens as proposed by the Meridian Greens Development down the Nine Mile route and would like some policy decision that this in no way condones the fact that the City is looking to that for immediate future development or expansion of the facilities planning area. Mayor Storey stated that we are stepping ahead of ourselves if we go ahead and designate what will go out there. We have had several inquiries for business that want to locate South of the freeway and hope the. City looks at them hard because the money for taxes is in an industrial base,now we are a bedroom town and cannot live with it tax wise. Each item must go before Planning and Zoning and the City Council before any decision is made. Williams stated that as a matter of policy and guidelines, Planning and Zoning should know how we feel about that area, whether we want to promote growth there, and that there are other areas/immediately need more promotion than that area. that Kingsford stated that we have annexed a piece of ground that has to be serviced by a sewer, it is probably the most feasible route, disagreed with Williams in that Planning and Zoning should advise us, we can lobby with them individually but should not tell them what to do. In support of Williams it is a good idea to tell the developers what his position is on development there. Bodine stated that he felt there are times when industry could come in and point out some features that would change the Council mound. Does not want to see the Council get in that kind of shape as it would not be wise. Glaisyer stated that he is abstaining from the vote for conflict of interest, but made the statement that he is more in agreement with Williams than the other Council members, that we should try to develop in our service areas and not 90 outside the City to put in a development. Does encourage industrial and business development. Williams recapped his motion. Williams moved to accept the proposal as presented by Meridian Greens, Kingsford seconded. Williams stated his opinion is that he does not feel that he can condone any future annexations or develop- ment in that area until we do infilling within existing areas that can be more easily served. Motion passed: Williams, yea; Kingsford, yea; Bodine, yea; Glaisyer, abstained Williams stated as a matter of clarification that because of the bond issue the City is unable to participate in cost sharing or cost reimbursement to Meridian Greens from future development when they hook on. Mr. Hosac stated that is something the developer will have to work out and recognizes that the developer will have to front the cost of the lines. The City legalities were discussed in relation to participation in the cost of the services. nda 3 Cherry Lane Golf Course Proposed Lease: Wally Lovan was present representing the Corporation. Lovan turned the matter over to Iver Longeteig, Attorney. He stated that the Golf Course is something Meridian has needed fora long time. The expertise represented by his clients will promote a good chance fora viable golf course. He outlined the expertise of Bert Mitchell, Rich Sanwood and Wally Lovan. Their approach is the Golf Course is an undeveloped asset at this time. It needs to be brought into operation as an actual business. This is something that private enterprise is not capable of doing. They propose to invest $600,000 with improvements of Club houses, ~-Meridian Citv Council .3. August 21, 1978 Cont'd) Cherry Lane Golf Course Proposed Lease: Agenda private investment and will more than 3 tennis courts, etc. It is a substantial equal in today's dollars the total cost of the Boise Warm Springs Golf Course. It is money they are sinking into it themselves along with government loans for which they propose to secure the cooperation of the Meridian Development Corporation as the local development corporation to act as a conduit for SBA Funds. With this investment they propose to operate at a breakeven level for the first few years. It is hard to make profit on a nine hole course, it takes ar;eighteen hole course to make it a sound business investment. That is why the lease he prepared calls for beginning cash rental payments at the time the second nine holes are developed and available. The situtation there is Leavitt Nu Pacific has offered it's assurance that this will be done. The City Council is in general agreement that this will be done, but no one yet is in a position to contract that this will be done. The best he could do in this lease is to create a rental payment that will start at the time the next nine holes are ready for use. If this is not done in the five year period then these people have the option of terminating the lease. Mr. Longeteig went on to say that they think that five years will tell the tale on this, it will happen or won't happen. The $6,000 was picked at random, it is negotiable if the City feels it should be tied somewhat into the inflation figure it could be indexed to the cost of living with an adjustment every ten (10) years, perhaps it could be tied to gross or net receipt, it's negotiable. The Boise Course was discussed. City Council deals with this land as a developed Golf Course when in fact it is not - it is graded and seeded. It is not developed until people put in the facilities that make it necessary for people to use it. The length of the lease, 55 years, might seem a little long but that kind of a term is necessary in order for these people to get financing for the proposed improvements. The 55 years could be divided into a base 25 years with an option to renew if all conditions are satisfied, but they need to be able to show lending institutions a possible term of 50 or 60 years if they are able to borrow this money on a long term basis. The lease is as good as he could professionally do. Language can be worked out tonight or in the near future. Mayor Storey stated that he has a letter from our City Attorney. (see evidence) and is in favor of leasing .the Course. He would like to see some kind of agreement with Nu-Pacific where they would put in the other nine holes. This contract is essentially what is needed with the exception of one thing, the 55 years is a little long and 25 years with the right of negotiations for renewal should be worked into the lease some way. Longeteigstated in his opinion a lender in this case would want to see that the Lessee would have an absolute right to renew as long as all the conditions of the lease were satisfied. Wally Lovan stated after the 50 years then a 10 year renewable. Williams stated that he does not feel comfortable with the $6,333 figure, because it may be enough to put the company over a brink and may not be enough for the City to get a share of the property asset. He does not like to see things tied to a cost of living index published by the Department of Labor because this area should be reviewed independently The rate could be based on gross sales $50,000. The City would take $1.00 per year as a lease $50 - $150;000 maybe 2~ sales above that, maybe 2z~, so what we are looking at is tying it to sales so we all benefit from the revenues. The other point is the importance of keeping it a municipal course, like the Forest Service at Sun Valley, only abetter arrangement, so that when fee• increases are proposed that it be justified and approved by the City Council for that portion related to the Golf Course for the playing of golf, green fees only. Also, in our agreement we have the maintenance to worry about from Nu-Pacific and would like to see stronger language in there on how the Course will be maintained up to pro- fessional standards, not doing it will be grounds for terminating the lease and protect the City. Storey stated that the City can not make money, on the gross sales figure, that it will depend on how much they want to spend and that competition will take care of all that. Williams stated that he did not like to see the City tied to a fixed figure. 55 or 20 years from now the $6,000 may not buy a loaf of bread. nn • ~ • r; r~~ ua;; 4 August 21 , 1978 (cont'd) Cherry Lane Golf Course Proposed Lease: Agenda 3 Competition in the field was discussed. City finances were discussed in relation to running the Course, clarification of the contract language was discussed. Lovan stated that competition will take care of everything. Kingsford stated the $6,000 could be used in some way to reduce green fees for senior citizens or recreation programs, agreed with Williams that he would like to see the Council review green fees. Storey stated that it was not too much to ask that fee increases be discussed with whoever is appointed Golf Commissioner. Bodine questioned if we could tie up a lease for that many years and bind the next Council. Crookston Jr., Attorney, stated that you could bind future Councils but there are some gray areas. Glaisyer stated if you are concerned with more income,fix it at a 10 or 15 year period down the road and tie it to a consumer price index but now do not charge anything. Storey stated that after the five years there could be negotiations one way or the other. This would be for mutual protection. The Mayor recommended that the City accept the contract and would like it to be written up so the City could review it in it's final status. The Motion was made by Richard Williams and seconded by Grant Kingsford to accept the lease as rewritten and give the Mayor the authority to sign such lease. Motion passed: Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea. Agenda 4 The Mayor instructed Pat Joy to read Ordinances 327 and 328 (see evidence) Joy read Ordinance Number 327 entitled: AN ORDINANCE SETTING FORTH THE TOTAL AMOUNT OF MONEY NECESSARY TO BE RAISED FROM TAXES ASSESSED ON THE TAXABLE PROPERTY WITHIN THE CITY OF MERIDIAN FOR THE YEAR BEGINNING OCTOBER 1, 1978 AND ENDING SEPTEMBER 30, 1979. The Motion was made by Marvin Bodine and seconded by Grant Kingsford that the rules and provisions of 50-9002 and all rules requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 327 be passed and approved. Motion passed: Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea. Joy read Ordinance Number 328 entitled: AN ORDINANCE MAKING AN APPROPRIATION OF MONEY FOR ALL THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, FOR THE FISCAL YEAR COMMENCING THE FIRST DAY OF OCTOBER, 1978, AND ENDING THE THIRTIETH DAY OF SEPTEMBER, 1979, THIS ORDINANCE BEING KNOWN AS THE ANNUAL APPROPRIATION BILL, AND DECLARING AN EMERGENCY. The Motion was made by Richard Williams and seconded by Marvin Bodine that the rules and provisions of 50-9002 and all rules requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 328 be passed and approved. Motion passed: Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea. Agenda 5 Mayor Storey welcomed Earl Ward on board as the Sewer Treatment Plant Superintendent. Agenda 6 The request for setbacks in Franklin Square was reviewed. No action was taken. Agenda 7 Police Chief Green reported that previous meetings on the budget that the Council indicated it felt one additional patrolman was acceptable and that two would require Council approval. Green presented a chart showing the patrol hours and explained the chart. He requested two people instead of one because of need. He proposed for two people that it would add 10 hours per day per shift plus one extra day shift that is currently worked by himself. He proposed to have two hour patrols from 11:00 A. M. until 3:00 A.M. the next morning. Green stated that they badly Meridian City Counci l .5. August 21, 1978 (cont'd) Chief Green...... Agenda 7 need two patrolmen on duty during the day. There is about a 10q increase per year in traffic accidents which is directly related to vehicle traffic increases on our streets. A large increase in patrolmen follow up on many types of reports. One of the proposed new people will be assigned directly to traffic problems. This is a full time position. Chief Green stated that the last patrlman added to the De artment was 1976 and 'nave worked with the same number since. They now have five (5~ patrolman, eight (8) full time police personnel, counting himself. Since January 1977, 36 new business buildingshave been completed or brought under construction-several are larger buildings that require greater amounts of time for proper security. In addition, they have 136 new apartments, and apartment buildings traditionally require a lot of time to take care of. Increases in traffic accidents is an obvious indication of the increased vehicle traffic and time required for accident investigation, time that should be spent for patrol to prevent accidents. At the present time we are spending so much time following up daily reports we receive and complaints that we don't have much time to work traffic. There has not been an increase in citations because of the time problems. Mayor Storey stated that the new stop lights in town should help alleviate part of the problems and agreed that possibly Chief Green could use two more men, but we have to live within a budget. The City has a need for several other employees, Sewer needs two (2) employees, Public Works say they need more help and hoped by the first of the year the City can come up with extra men. There are also other unfinished projects. The Mayor recommended that Chief Green hire one now. Glaisyer stated that the average is 1.3 to 1.5 patrolman per thousand population this does not. include the school officer or dog catcher, so the City is understaffed right now. He suggested that they get authorization for one tonight and come back in a couple of months and request the others. Storey concurred and stated that he was in favor of that suggestion. Williams asked what level of employee he would be looking for. Green stated he had one applicant with experience that he felt good about and it might not hurt to start him off one step up on the scale but would be opposed to going more than one step. Down town patrols were discussed. The number of officers required to perform duties was discussed. The Mayor directed Green and Glaisyer to work the situation out. Green stated that he is receiving complaints on traffic going through Phillips Sub- Division, School pupils and trucks. He has told citizens that they will address the problem. Speed bumps and stop signs have been tried. The matter was discussed as it relates to public safety and closing off the street and school bus routing. complications of shuting off the street were discussed in relation to the Fire Department. Glaisyer stated that he would like to See the School Resource Officer go to Virginia for a four (4) day seminar on juveniles. The cost to the City is around $280.00 Storey stated that he would not like to see the other regions draw on Officer Calhoun when he came back to put on schools if it took City time. Bodine suggested that the City get in them know how important it is that we The Mayor concurred. enda DEPARTMENT REPORTS...... g Improvements on Cherry Lane was discus Williams stated that he would like to development fees, each Council member touch with the road district and state to let get the two roads finished. >sed. see on the next agenda the question of should come up with some figure to work with. Storey agreed and reminded the Council that the Highway District is passing on charges and thought some City charges could be passed through. The Mayor instructed Councilman Williams to bring in a fee schedule at the next Council meeting. i _ Meridian City Council .6. August 21, 1978 (~~ne~d~) DF~PARTMENT REPORTS........ 9 Attorney Crookston stated that he received a bond on Franklin Square interim sewer facilities. Bonds on the facility were discussed. Crookston stated he is trying to find out what the City is requiring. Crookston also brought up a problem with North West Steel. Ellsworth stated that the City had obtained an easement on the Industrial Park. In the interim North West Steel obtained the land, when we recorded the easement document it was one week after the land was purchased from the Crestwood Industrial Park and the easement was not recorded on the deed. They will provide a 20 foot easement except it might hinder their construction. They will let the City use what they want but want assurances that they can have their building in there. What it means to the City is so many feet of that area may be under a building by the time Galey Construction gets out there and they will have to work around it. If the building is there then we will have to get permission from the Railroad Company to use part of their land to allow Galey to construct the sewer line. They may ask for mare money to construct. Crookston stated that their position is if they haven't constructed a building we can have as much land as we want. If they have built their building they want to build it up to the 20 foot easement line. Williams inquired if we had all the easements for Phase III. Ellsworth stated that we had and recorded the easement but the transaction took place a week before the easement was recorded. Scheduling for Galey Construction wail discussed. Ellsworth recommended we accept the easement the way North West Steel proposed it. The Motion was made by Richard Williams and seconded by Marvin Bodine to accept the easement as proposed by North West Steel. Motion passed: Williams, yea; Kingsford, yea; Bodine, yea; Glaisyer, abstained. enda 0 Bodine reported that the Recreation District has the playground equipment in, placing the equipment was discussed. Bodine stated that the Kiwanis Club has offered to help put it in. Williams stated that the Optimist Club will have people available to help with the project. The location should be specified by Ellsworth and Bodine. enda 11 Stuuart, Public Work's, reported there is a problem at the park with High School age people drinking and throwing away their bottles all over the park. Thp Mayor agreed there was a problem. Kingsford suggested some education on the problem, possibly signs. Botline inquired as to what the ordinance covered and suggested the possibility of a stiff litter ordinance. Trash service at the park was discussed. Stuart inquired if school age people could be restricted from the park during the noon hour. Stuart reported he is having some problems with the Ada County Highway Department. They requested valve risers to be raised, when he arrived they were all ready covered with asphalt which now have to be dug out and raised. The problem was discussed. Glaisyer stated that he would get with Stuart and set up a meeting with the ACHD. Stuart reported that he has bids on two new pickups and inquired if he should get more estimates. The cost is around $6,000. Williams inquired if economy pickups will do the job. Stuart stated that he didn't know if they would hold up. Meridian City Council .7. August 21, 1978 Agenda CONSULTANT REPORTS.... 12 Ellsworth reported Warren Construction contacted J-U-B and requested they bring before the Council their change order. He noted that the Engineering stand was that he is entitled to some compensation on laying the block fora reasonable cost but the other items we feel should be denied. Today a letter was received from EPA to the Equal Opportunity Office concurring with J-U-B's recommendations. (see evidence) They would like authorization to proceed to prepare a change order for the "stock bond" versus the "running bond" for work at the Treatment Facility for approximately $2,000. Unless M&Y can justify any additional cost. Glaisyer moved to allow J-U-B to proceed with a change order for approximately $2,000, seconded by Marvin Bodine. Motion passed: Williams, yea;Kingsford, yea; Bodine, yea; Glaisyer, yea. Ellsworth presented the General Engineering Statement for June 16 to August 11, for $442.02. The Motion was made by Marvin Bodine and seconded by Grant Kingsford that the Engineering statement of $442.02 be paid. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. The Mayor inquired what our position is on sewer stub-ins to vacant lots. Ellsworth recommended to the Council that the individual pay for the connection, but does not have any figures yet on the unit price. Agenda Crookston stated that he would like to bring up again the Townhouse, Condominium 13 proposed ordinances and what the Council wants the Attorney to do. Glaisyer stated that he did not think it was a very good ordinance and suggested Pat Joy make more calls to try and get information in on possible additions to the ordinances. Agenda OLD BUSINESS...... 14 Enclaves in the City were discussed: The Mayor stated that the process should be completed before the first of the year to get the properties on the tax roll. Williams inquired how the City Clerk was doing Glaisyer moved to adjourn, seconded by Bodine. Motion passed: All yea The meeting stood adjourned at 9:35 P.M. The Mayor responded. MAYOR ~~~'l ~~ S~ dre/ ATTEST: /~ 1 ,' p ,~,, City Clerk "'~T cc: Mayor & Council; P&Z;Hein;Kiebert;Stuart;Schoen;Ward;Welker; Fitzgerald;J-U-B;Chief Green;Pat Joy;AIC;ACND;APA;Central Healt#~~ Nampa-Meridian Irrig;Ada Zoning Director;Ada Commissioners; Meridian Greens; Cherry Lane Golf Course;Franklin Square; Police General;Cherry Lane;J-U-B AMBROSE, FITZGERALD fd CROOKSTON GRANT L.AMBROSE (1915-1968 IOHN O. FITZGERALD WAYNE O. CROOKSTON, IR. ATTORNEYS AND COUNSELORS 929 EAST FIRST- R O. BOX 427 MERIDIAN, IDAHO 83642 August 21, 1978 Mayor and City Council City of Meridian Meridian, Idaho Gentlemen: TELEPHONE BB8.d461 AREA CODE 208 You gentlemen have requested that i review a proposed Lease of the golf course. I have reviewed the same and have the following comments. This lease is drawn using the basic format that was used when the City of Boise leased property to Boise Development Company for the construction of the Warm Springs Golf Course. The leases are very similar. However, there is one major difference, that being that under the Boise lease the lessee had to construct a golf course and club house, whereas, in this instance the Meridian lessee does not have to construct the golf course which is a considerable difference in dollars. I do not consider it my duty nor do I feel that it is in my area to make recommendations or pass-on proposed leases in an area that actually amounts to business decisions. From a legal standpoint I believe that the City is in a situation where they have obtained a piece of property which is a developed golf course and will ultimately be an eighteen hole developed golf course. This constitutes a considerable asset. The City may certainly lease this but it is my feeling that they must keep the following three criteria in mind: 1. It is a municipal course and you therefore have the obligation to see that the method and manner in which it is leased and run is such that it functions as a municipal course, available to the citizens of Meridian. _ ~ • Mayor and City Council Page 2 8/21/78 2. That because the golf course is developed, the City must lease it at a dollar figure or under a schedule which generates a reasonable rental or revenue in relations to the value of the asset. 3. That the City should not enter into any lease which runs for an extremely long period of time. In otherwords, the City can live with a bad lease for a relatively short period of time, but 55 years is a different story. Further, an example of what 2 am talk- ing about, assuming $6,000.00 is a proper rental figure now, it certainly will not be accurate fifty years from now. if the Council follows the above legal criteria, any lease you enter into will be legal. Very truly yours ~~ JOHN 0. FITZ E City Attorney JOF/kam . .' r , .' • • `tom ~',,;~ ~,.,~.,~- ~" "D" ORDINANCE NO. ~~ ~:; '. AN ORDINANCE SETTING FORTH THE TOTAL AMOUNT OF MONEY NECESSARY TO BE RAISED FROM TAXES ASSESSED ON THE TAXABLE PROPERTY WITHIN THE CITY OF MERIDIAN FOR THE YEAR BEGINNING OCTOBER 1, 1978 AND ENDING SEPTEMBER 30, 1979. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That there is hereby assessed upon all the taxable property within the limits of the City of Meridian, Ada County, Idaho, for all purposes for the year October 1, 1978 to September 30, 1979, the following amount: TWO HUNDRED FIFTY-TWO THOUSAND ONE HUNDRED FIFTY and NO/100 ($252,150.00) DOLLARS. General Fund------------------------------$216,130.00 Fire Fund--------------------------------- 14,408.00 Parks & Recreation Fund------------------- 21,612.00 $252,150.00 Section 2. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. Passed by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 21st-day of August, 1978. P OVED: yor " ,II ";ATTEST: ra ~~ E;. ,~, ~ /~1i, City Clerk " STATE OF IUAt10, COO"+TV Of ADA, Filed for rccord ~at t~qe request g~ Min. Pasr-J~D clnck.L~r AMBROSE. _ FiTZGERAID @ CROOKSTON _/~J~ ATTORNEYS AND ~~ ~ [~~( <"'~^~~ COUNSELORS G~ ~. ~ p 1 , 929 EAST FIRST / y] y ~ ~ p' _ ~J~- A``/ - J MERIDIAN. 104X0 //~° R-~ ///~~~"'~~~~~~~///~~~ 53642 ~~ TELEPHONE 8884461 L/ :,. ' _ ~r ~ ;. . ORDINANCE N0. AN ORDINANCE HARING AN APPROPRIATION OF MONEY FOR ALL THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, FOR THE FISCAL YEAR COMMENCING THE FIRST DAY OF OCTOBER, 1978, AND ENDING THE THIRTIETH DAY OF SEPTEMBER, 1979, THIS ORDINANCE BEING KNOWN AS THE ANNUAL APPROPRIATION BILL, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That the following is a statement of the pro- posed revenues of the City of Meridian, Idaho, from all sources for the fiscal year commencing October 1, 1978 and ending September 30, 1979, to-wit: Payments for Services---------------------------$ 60,500.00 Franchise payments------------------------------ 16,000.00 Permits and Licenses---------------------------- 48,732.00 Court Revenue----------------------------------- 20,000.00 Federal Shared Revenue-------------------------- 54,600.00 Taxes and Penalties----------------------------- 252,150.00 Sundry Sources---------------------------------- 33,100.00 Enterprise, Water & Sewer----------------------- 364,634.00 Liquor Apportionment---------------------------- 20,000.00 Budget "A" Total--------------------------------$ 869,716.00 Budget "B" Total-------------------------------- 3,600,000.00 Total-------------$4,469,716.00 AMBROSE. FITZGERALO & CROOKSTON •TTORNEYS ANO COUNSELORS Section Z. That the following sums of money, or so much thereof as may be necessary, are hereby appropriated out of any money in the City Treasury of the City of Meridian, Ada County, Idaho, not otherwise appropriated, for the purpose of defraying any and all necessary expenses and liabilities for the said City of Meridian, to be incurred for general municipal purposes for. the fiscal year commencing the 1st day of October, 1978, and ending the 30th day of September, 1979, said purposes being as follows, to-wit: City Council------------------------------------ Administrative Expense-------------------------- Office Expense---------------------------------- Health & Accident, All Funds-------------------- Public Employees Retirement, All Funds---------- Supplemental Accident, All Funds---------------- Elections and Miscellaneous--------------------- Social Security, All Funds---------------------- Federal Unemployment---------------------------- Other Salaries General-------------------------- Office Equipment-------------------------------- Legal Fees-------------------------------------- Other General Government------------------------ Printing---------------------------------------- General Government Buildings-------------------- Police Office Administration-------------------- Police Patrolmen-------------------------------- 12,000.00 31,080.00 None 20,745.00 21,371.00 5,055.00 None 18,278.00 2,000.00 21,450.00 2,500.00 9,000.00 19,000.00 2,500.00 6,000.00 22,860.00 51,840.00 929 EF ST FIRST M ERI~I•N, IOR NO a3642 °LEPNO NE BBB-44® Police Office----------------------------------- 3,200.00 Police Investigator----------------------------- 20,134.00 Police Traffic Control-------------------------- 40,000.00 Police Telephone-------------------------------- 1,500.00 Police Communications--------------------------- 1,600.00 Police Personnel Training & Reserves------------ 3,.000.00 Police School Patrol---------------------------- 12,960.00 Police School Patrol Equipment------------------ 500.00 Animal Control and Shelter---------------------- 9,000.00 Fire Control------------------------------------ 16,778.00 Building Inspections---------------------------- 13,500.00 Electrical Inspections-------------------------- 8,000.00 Emergency Services------------------------------ None Street Lighting--------------------------------- 15,000.00 Public Works Administration--------------------- None Public Works Engineering and Service------------ 6,000.00 Trash Disposal and Site------------------------- 8,000.00 Other Government Functions---------------------- 99,342.00 Recreation Grounds------------------------------ 10,000.00 Recreation Playgrounds Construction------------- 6,552.00 Recreation Programs----------------------------- 6,000.00 Water Administration---------------------------- 27,000.00 Sewer Administration---------------------------- 15,240.00 Water Pumping----------------------------------- 17,000.00 Sewer Lift and Pumping-------------------------- 3,000.00 Sewer Surface Pumping--------------------------- 1,500.00 Water Treatment--------------------------------- None Sewer Treatment Plant--------------------------- 20,000.00 Water Customer Accounts------------------------- 49,980.00 Sewer Customer Accounts------------------------- 10,000.00 General Capital Outlay-------------------------- None Recreation Capital Outlay----------------------- None Reserve for year of 1975------------------------ 40,800.00 Coupons for year of 1975------------------------ 170,607.00 Bonds for year of 1975-------------------------- 25,000.00 Fire, Q.R.U.------------------------------------ 4,126.00 Total Budget "A"--------------------------------$ 910,998.00 EPA-EDA City Construction, Budget "B"----------- 3,600,000.00 Total Budget------$4,510,998.00 Section 3. The amount of money derived from funds or sources created by law for the specified purposes in this Ordinance provided is hereby .appropriated for such purposes and no other. Section 4. The City Clerk of the City of Meridian is hereby authorized, upon presentation of proper vouchers approved by the Mayor and City Council of the said City of Meridian as provided by law, to draw his warrant on the funds above stated and against the appropriation as made in the preceding sections of this Ordinance, in favor of the parties entitled thereto. Section 5. That this Ordinance be, and the same is hereby designated as, "THE ANNUAL APPROPRIATION BILL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, FOR THE FISCAL YEAR OF 1978-1979". AMBROSE. FITZGERALD 8 CROOKSTON ATTORNEYS ANO COU NSEIO RS 929 EAST FIRET M ERIOIAN, IOAHO 83642 TELEPXONE 886 4461 . ~ ~ '~ APPROVED: Ma or STATE OF IDA!b:). CO UA'TY CF ADA, Fl~i~r record a[~ e request of ~~>%% ~ ~ ` AM BR06E. FITZGERALp & CROOK6TON RTTORN EYS pN0 CO UNEELOgE 929 EN ST FIRST M ERIOIRN, IOpHO 83842 TELEPHO NE 666-4461 Section 6. WHEREAS, there emergency is declared to exist, and be in force from and after tion as required by law. is an emergency therefor, which this Ordinance shall take effect its passage, approval and publica- Passed by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 21st day of August, 1978. ~~ ~IAin. pa o'cloc rt. this- day 1 ~ O ~ CLARENCE A. P NG. Reco er / pp(( ~iFF"(~ «// ~ ~i y/ ' ® ~ ~1-l.J-B ENGINEERS,~INC. 212 Tenth Avenue South Nampa, Idaho 83651 Telephone: 467-5252-888-2321 August 21, 1978 Honorable Mayor and City Council City of Meridian City Hall Meridian, Idaho 83642 Gentlemen: 1977-78 Sewerage Project Wastewater Treatment Facilities Construction City of Meridian, Idaho This letter is written to establish our recommendations re- garding the change order requests by Warren Construction Company through M and Y Construction Company for the above referenced project. This matter has been pending for some time and action should be taken. Mr. Warren of Warren Construction, has requested the City of Meridian to consider the following increase costs in the form of change orders. 1. An additional $6,000.00 for having to lay the block on the various building "stacked bond" rather than "running bond" as indicated on the architectural drawings. dations: 2. $2,000.00 for construction of the West wall of the digester building. 3. An additional $2,772.40 for construction incon- venience in constructing the South wall of the Mechanical Building. We have evaluated each item and make the following recommen- 1. At the time the Plans and Specifications were drafted and approved information provided the designers indicated that the seven- rib block as used on this project could be laid in a running bond. Before construction began it was noted that the "ribs" would not line up properly in a running bond type of construction. At that time we informed the general contractor that the block would have to be laid stacked bond. Nothing was said about an increase in cost and no requests to the City for increase in costs were received at that time. On May 1, 1978, M and Y Construction sent a request for a $6,000.00 increase in the contract .- ~ ~ ...~-U-B ENGIN~S. INC. ziz torn ave. so. - Namaa, ieano ssesi • Mayor and City Council 2 August 21, 1978 amount for the various buildings. Through our investigation of the request, we contacted Whole- salers, Inc., Meridian, as required by Idaho Health and Welfare about the cost difference of laying the seven-rib block stacked bond versus laying plain block running bond. They indicated that their sources (local contractors) show that the "ribbed" block costs an additional $0.28 per square foot for labor to lay this block. There is a total of 6,415 square feet of block wall. This comes to a total increase in cost of $1,796.20. Although it is not the usual procedure to request change orders after the work has been nearly completed, we are of the opinion that supplemental compensation is due for this work unless further documented cost data is submitted that would substantiate more costs. We recommend an increase of $1,800.00 for the subcontract services and $270.00 for overhead for a total of $2,070.00. 2. The subcontractor, through the general contractor, also requested on May 1, 1978, $2,000.00 for construction of the West wall of the Digester Building. Mr. Warren is claiming that the plans in- adequately indicated that a wall existed on the West side of the Digester Building. We are enclosing information. provided to us by Mr. Warren on this matter. The plans of the Digester Building consists of a total of 7 sheets. On 3 sheets we show basic floor plans. On Sheet 41 of 86 we show a roof plan of the building. On Sheet 43 of 86 we show an outside plan of the building that clearly shows in words as well as drawing`ihe outside building wall. We are of the opinion that all of these drawings indicate that the West side wall was to be con- structed. For the construction of the completed Digester Building the total was bid on a lump sum basis. Through conversations with Mr. Dewaine Young of M and Y Construction Company, we have established that in their "take-offs", for bidding the project, the West wall was included in their bid. Mr. Warren's contract with M and Y Construction was negotiated after the bid opening. We are of the opinion that no additional compensation for the Digester Building is justified. We are therefore recommending that the change order request for additional compensation for the West wall of the Digester Building be denied. 3. The subcontractor, on behalf of the general contractor, also requested in a letter dated May 15, 1978, additional compensation for construction of the South wall of the Mechanical Building. Mr. Warren feels that this compensation is due because of the inconven- ience encountered because of the close proximity of the Tertiary Filter Basin. Sheets 5, 6 and 30 all clearly show that the Tertiary Filter was four feet from the Mechanical Building. Any inconvience because of d-~/- J-U-B ENGIN~IS. INC. ziz io<n nve. so. -Nampa, Idaho 83651 • Mayor and City Council 3 August 21, 1978 this close proximity should have been included in the bid to M and Y Construction or Mr. Warren should have scheduled the construction of the wall in such a way to reduce the conflict. We are therefore recommending that the change order request for additional compensation for the South wall of the Mechanical Building be denied. Upon authorization from the City, we will prepare a change order to M and Y Construction Company in the amount of $2,070.00 or for what ever other amount as directed by the City Council. Your attention to this matter is appreciated. If you have any further questions please feel free to contact us. Sincerely, J-U-B ENGINEERS, Inc. Carl B. Ellsworth, P.E. CBE:nb x-01/- '~~