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1978 03-20 ,Agenda March 20, 1978 Meridian City Council 1. Minutes of Previous Meeting 2. Meridian Greens (Steve Hosac) 3. water Tank Removal (Desert View Water Corporation) 4. Meridian Bowling Lanes (Gene Quintieri) Variance request on meridian Street Wants to extend West side to closer than 20 foot set back 5. Motion entry to authorize Treasurer to refund $262.50 from Enterprise funds to HUICO for overpayment of sewer use charge 6. Water line on Linder from West Pine Hudson-Mitich Annexation (Jim Coleman) 7. John Ewing (Property at Gruber and 2)4 Street) Set Back Variance, for building and street less than the 20 feet 8. Proposed Insurance Package Liability insurance and coverage Preparation 9. Beer License transfer Location 229 West Franklin Farmer's Club From Donald Bennett to Carl Stoddard 10. Other Business as necessary 11. Landscaping for Park 12. Franklin Square (Recommended approval by the Planning and Zonittg of the Final Plat) 13. Golf Course, Pump, Idaho Power Agreement 14. Insurance - Colonial Herald J. Cox City Clerk Meridian City Council Meeting called to order by the Mayor, Don M. Storey, at 7:50 P.M. March 20, 1978 Councilmen present: Richard Williams; Grant Kingsford; Marvin Bodine;Joseph Glaisyer Others present: Carl ELlsworth; R.Jamea Coleman; Kevin Ross;Bob Mitich;Glen Hudson; Chet Hosac; Stan Hosac; Norman Fuller; Les Peters; Glen Scott; Win Scott; Bruce Stuart; Vern Schoen; Gary Thomas; Gary Green; Allen Quintieri; E. J. Quintieri; David Wattamn; John Ewing; Bob Hosac Minutes of previous meeting were approved as read. Agenda 1 Steve Hosac, Consulting Civil Engineer, Boise, representing owners of the Meridian Greens, presented the project. The main purpose for discussing this project is concern about moratorium and future actions of this type. Brief review of the Meridian Greens project dates back over one (1) year and has been before Council many times on aspects of it. Last Fall the project xas accepted by the City Council, annexed to the City and zoned residential in accordance with the master plan. Preliminary Plat was presented to City Covncil on the Phase I Project; description of Phase I approxi- mately 36Yz acres; west through Planning and Zoning and the City Council with unanimous approval based on that approval; have started detailed engineering for streets, utilities, etc.; plan to start construction in early spring or summer. Mr. Hosac explained that the reason they are back is to wrk closely with the City and are concerned with moratorium discussions. Mr. Williams asked of what moratorium discussions. Mr. Hosac explained that they were not really concerned with what has went on up to this point and time but the main concern is that Meridian Greens is a Phase project development, possibly four to seven years, possibly longer. There are things about this project that make it unique - moat of these are centered around the problem with utilities. The City has indicated that we will be bringing utilities out to the project, both eewer and water. Water definitely for the first Phase and perhaps the sewer trunk line for the first Phase, depending on the economics and depending to some extent on Phase III that is being advertised at this time. So there are some factors that are somewhat unanswered at this time as far as the sewer line is concerned. The City has stated many times in the past and has made an absolute commitment to bring trunk lines out but are not positive it will be brought out on the first x Phase. If it is not brought out on Phase I the City will be using some type of interim mound-type sewage disposal system designed an a temporary system. Mr. Hosac stated that the main concern is if the utilities are brought ont for Phase I, it is a very expensive item - about one quarter of a million. The first Phase alone cannot justify that type of expenditure, it has to be spread out over all phases. They are concerned about something happening after Phase I to stop the project and leave the developers in trouble. Mr. Hosac is looking for a firm commitment on the part of the City of Meridian that says yea, the past approvals of this project do stand and this project has been approved, and the project can go forward in the various phases as a developer chooses to go ahead. If the City decides in the future to slow down development in this area, then that action would not have an effect on this project because of prior approval. This is the main thing the developers are looking for - to get confirmation on all phases, without this type of commitment it is a risky investment. Mayor Storey asked if the City had a hard copy on this project. Mr. Rosac stated that the City had received just a Preliminary on Phase I. Mr. Williams stated that there were only two things the City has made a commitment on; one on the concept and two, the Preliminary Plat which is a commitment on Phase I. He could not see how the City can give any other commitment that would be binding at all. He also emphasized that on Juae 6, 1977 a policy was estab- lished by the City that all Developers are to agree to come to the City water and sewer at their cost as a frontend outlay of the project. Meridian City Hall .2. March ZC, 19'J8 Mayor Storey asked Steve Hosac if the City only has the Preliminary Plat on Phase I and yet the entire project was annexed. Mr. Hosac answered that is right and that is where they had interpreted that that was essentially approval of the entire project and all they had to do from then on was bring the various phases in oa a sequence. Mayor Storey stated that Annexation does not mean approval. The City has n®t seen aaything on other phases. The Council does not interpret a moratorium in the sense of stopping construction, the intent is to hold off nex annexations until the Comprehensive Plan is completed. As far as the phases are concerned it is of concern whether the Hosac's are going ahead with the project or Norman Fuller. The Mayor also stated that if they spend the necessary amount for the services on Phase I and live up to their part of the agreement there should not be nay question that the rest of the project will go in. However, the City would be putting the cart before the horse if they approve something that they have not even seen the Preliminary Plat on and that must go before Planning and Zoning before coming to the Council. Mr. Hosac agreed with the Mayora'statement lOC~ but based on the concept approval whaitixay brought in Preliminary maps of various phases, for the various phases, as long as those maps agree with the concept plan, but asked if this was any problem with allowing the project to go forward. Mr. Williams agrees with the concept but getting down to particulars and specifics like who is going to own the golf course, how is it going to be deeded over for example, that concerns the City. If something does go wrong, the City does not want to end up with another golf course. He stated that as the City Council, they have acted nponthe concept that the Preliminary Plat will get down to specifics. Also, that he could not make decisions for Public Work's such as water line size or for our F~gineers. Mayor Storey felt that there xas no real problem. Grant Kingsford stated to Mr. Hosac that bringing sewer to Phase I is not a decision that depends on economics but a City policy, if they act in good faith then the City will. The Mayor thought that something that might have some bearing oa this is what Mr. Nahas intends to do with his property. Perhaps something can be worked out to bear part of that expense, he seems like a very reasonable man. Mr. Hosac responded that this might work on the water line because it will come through Nahas property, as far as the sewer goes, it depends on xhere the trunk line goes. It might be involved with his property or perhaps might not the Phase III that is now being advertised should answer some of these questions He stated that the issue Councilman Kingsford brought up he would have to take exception to, he had made their position very plain from the beginning that they were not making a commitment to bring the sewer out oa the First Phase and had stated that many times. Referring back to their report submitted to the City in March of 1977, Section 5, dealing with domestic water sad sewer disposal facilities, "during the beginning phases and on a interim bases only sewage disposal would be handled by community septic tanks and drain field systems, domestic water would be handled by on site well systems after the project had developed to a certain percentage of completion the developer at his own expense would extend to Meridian central water and sewage system under the Interstate for oonnection to the project sewer dry lines would be installed". Mr. Hosac also stated that they have said before they want to bring water out for the first phase but they are really not sure if they can bring sewer out for Phase I financially. They will make an absolute commitment to bring it out in subsequent phases, it may or may not be economically feasible for the first phase. If it doesn't go Phase I it will for sure go on the second phase. Mr. Hosac stated he would make the commitment and it could be conditional on the acceptance of Phase II. Mr. Williams expressed appreciation of their position but asked what happens if the project is sold after the first phase. The City could be left holding the bag. Mr. Hosac replied that they would be responsible. Mayor Storey stated that the way he remembered, Norman Fuller had made the state- ment that he was definitely going to come to City sewer. Mr. Fuller agreed that he had made that statement but none of them knew xhat time the plant would be finished and thought they would be working out there by then. The Mayor sad Mr. Hosac clarified that they would lay dry lines and then discussed hook-up fees to be paid at that time. Meridian City Hall .3. March 20, 1978 Mr. Hosac stated that there is no problem with hook-up fees. On discussion of sewer, some type of vehicle is needed and would work best but if developer brings lines out-later deveopers should not be able to hook-up at ao expense. They would like to explore in the future various alternative ways for reimbursement if possible, from other developers at no expense tai the City, possibly a sewer district or special ordinances. Mr. Hosac felt that from what he had heard at this meeting they do not have any absolute firm commitment on the phases but if their Preliminary plans match their concepts and if they live up to their commitment, then there should not be any problems with various phases going ahead on schedule. It was the feeling of the Mayor and Council that this project should not be concerned with the moratorium as all it does is stop new annexations, projects such as theirs could go ahead as planned after they go through normal procedures. Mayor Storey stated that Mr. Hosac had the commitment of the Council but a resolution is not appropriate at this time and this will be discussed with the City Attorney. Mr. Hosac pointed out that the funds for this development. would have to come from borrowed development money, economic feasibility has a lot to do with how much money can be obtained for this project. If enough funds can be put together to bring utilities out on Phase I then it is his feeling that they should get the utilities out there - they cannot make that commitment at this time on the sewer line as they have on the water. He also stated that they plan to bring some proposals in for study for help in cost. Mr. Fuller stated that a possible vehicle is a sewer district for the purpose of extending the trunk lines. The district could work out extentions of lines. Mr. Kingsford pointed out, and would like to be on record as stating, the clarification thgt the City has not approved Preliminary Plats on secondary phases of this project - only on Phase I. Agenda 3' Mayor Storey reported that the Desert View Corporation were getting a contract ready for the City to review. Attorney's, Crookston and Fitzgerald are to review this. Agenda ~, Gene Quintieri was present to discuss the Meridian Bowling Lanes. He reported that they are anticipating eight new lanes but in order to add they need a variance on the set-back ordinance. They requested an additional four (4) feet end submitted drawings. There was some discussion by the Fire Chief as to the parking oa the west aide and it xas thought all parking on the west side would base to be eliminated. The Motion was made by Marvin Bodine and seconded by Grant Kingsford that Meridian Bowling Lanes be granted a variance based on clearance with other bodies. Agenda Motion passed: Williams, yea; Kingsford, yea; Glaisyer, yea; Bodine, yea. 5 The Motion was mad~to authorize City Treasurer to refund $262.50 from enterprise Agenda Funds to Huico for overpayment of sewer use charge. Motion passed: All yea 6 Water line on Linder from West Pine, Audsoa-Mitich Annexation was discussed. Jim Coleman, J-II-B Fligineera, spoke for approval of a water line extention along Linder Road from Pine Street to property line of Linder Storage and Warehouse. He reported that there is a variance with Ada County Highway District standards because this property is on the West aide of the road instead of the East. This was done because sewer is on the East side and they crossed for health reasons. They did not have valves originally but since discussion with Public Work's Superintendent, they have ittcorporated them in the plena. Mr. Coleman reported that two (2) Fire hydrants have bees installed, one at each entrance to the property as requested by the Fire Department. The request was made for approval of 10" water line which has also been submitted to the State Health Department for their approval. This conforms to the City flan. The Motion was made by Marvin Bodine and seconded by Grant Kingsford that the plans 10" water line aroetention along Linder Road from Pine Street to property line of Meridian Storage be approved, with Public Work's doing the inspections. Motion passed: Williams, yea; Kingsford, yea; Bodine, yea; Glaisyer, abstain • Meridian City Hall .4. s March 20, 197$ Mr. Coleman pointed out that this line would benefit other people and suggested that the City develop a policy far reimbursement, also the number of valves could become a maintenance headache to keep operative. There was discussion as to the cost distribution on lines. The Mayor felt this should be between developers and thought the City would go along with reasonable proposals. Mr. Williams stated that if the City does get involved with this, because of Bond indenture any money collected would have to go to pr{y off bonds. The City cannot act as a collection agency. Agenda 7 John Erring, representing Ewing Company on a parcel of land at 2Yz Street and Gruber, was present to request a variance of five (5) feet on 2yz Street. Discussion of variance request pointed out that sewer line repair would have to be done six to seven feet from the house foundation at a depth of approximately 9'. The Motion was made by Richard Williams and seconded by Marvin Bodine that the five (5) foot variance be granted to Ewing Company to build a house at 2}4 Street and Gruber. Motion passed: Williams, yea; Glaisyer, yea; Bodine, yea; Kingsford, yea. Mh Ewing was instructed to work with Bruce Stuart, Work's Sup't., and that this hook-up will have to be inspected. Agenda 9 Carl Stoddard was present to request transfer of Beer License from Donald Bennett located at 229 West Franklin. The Wine License was not to be transferred. The Motion was made by Grant Kingsford and seconded by Richard Williams that the Beer License Transfer Yrom Donald Bennett, located at 229 West Franklin to Earl Stoddard be approved contingent on the State clearance. Motion passed: Williams, yea; Glaisyer, yea; Bodine, yea; Kingsford, yea. Agenda Landscaping of the Park was discussed. 11 ~.~ Ellsworth reported that he had discussed a tree plotting plan for the City with the Landscape Architect and he has given an estimate of approximately 83oo.OG to develop that plan. The Motion was made by Richard Williams and seconded by Marvin Bodine that the City proceed with a landscaping plan for the park. Motion passed: Williams, yea; Glaisyer, yea; Bodine, yea; Kingsford, yea. Agenda Jim Stubblefield was present, representing Stubblefield Development. It was 12 reported that Franklin Square Preliminary Plat was approved by Planning and Zoning and City Council Contingent on some changes is the plan. Mr. Stubblefield volunteered to be on a committee considering reinbursemeata for sewer and water extentions. The Motion was made by Richard Williams and seconded by Marvin Bodine that the Franklin Square proposal be tabled until the April 3rd meeting. Motion passed: Williams, yea; Glaisyer yea; Bodine, yea; Kingsford, yea. Agenda Dick Phillips was present to obtain policy decisions as to one (1) or four (4) 10 water meters on Four-Plexes in Sandlewood Subdivision and if they have to extend water lines past the front of their property in Meadowview Subdivision. Mr. Phillips was informed that the City s policy is one (1) meter to Four-Plex~ and Mr. Stuart stated that the question developes around the 10'] feet that was annexed as part of Meadowview Subdivision. Mr. Kingsford stated that whoever owns that should be responsible, and when sewer and water are available, they must hook-up to City services. Meridian City Hall .5. March 20, 197$ Agenda 13 Jim Grant, representing Idaho Power, was present sad expressed concern with the annual guarantee contract for the City to sign on use of poxer for pumps at the Cherry Village Golf Course. Developer Leavitt (Nn-Pacific) has extended the monies needed to finance contract. Mr. Grant recommended that the City sign a contract as it is of benefit to the City, the guarantee of $1,500 per year would be the City's obligation. Idaho Power assumes that they should contract with the eventual owners. Advantage to the City is that Leavitt (Nu-Pacific) will turn on the system this spring sad use most of the first years guarantee. Mr. Grant stated that contracting for guarantee should not be a concern, someone will use the Golf Course and if it is not the City he would see to it that they get the correct name on the contract. Even if in the second year of operation if the deal fell through that the new operators of the pump signed that contract before the service was energized on the second year. The Motion was made by Maxwia Bodine and seconded by Richard Williams that the contract with the Idaho Power Company be signed for the Cherry Village Golf Course. Motion passed: Williams, yea; Glaisyer, yea; Bodine, yea; Kingsford, yea. Ag14~ There was extensive discussion concerning Insurance at this time. Colonial Insurance covers all the Firemen, two or three of the Policemett, part of the Council, five Commissioners. Policy was unsatisfactory because of various rates. The Motion was made by Grant Kingsford and seconded by Marvin Bodine that Colonial Insurance be given to all fireman wa~c~ C~.ty Employees who desire this for the rate of $8.75 paid on a 50/50 basis, Spouse or family to be handled individually by the insured, not the City. Motion passed: Williams, yea; Glaisyer, yea; Bodine, yea; Kingsford, yea. Patrick Joy stated that City insurance is with Safeco and is completing values for list of items. The Mayor suggested that Carl Ellsworth, J-II-B Engineers assist Mr. Joy and also stated that it is no longer proper to give the insurance to just one company because ae sox have other insurance agencies in the City. Carl Ellsworth, J-U-B Engineers, reported in order to update the Council on the Boise River Outfall Project. Award date was supposed to be March 17, 1977. EPA has approved award of contracts contingent on contractors meeting Equal Opportunity requirements. If contractors do not meet this requirement then the City has a signed contract and are out on a limb. Mr. Ellsworth met with City Attorney, John Fitzgerald, and put together a revised notice of award to contractors, stating responsibility was on the contractor to meet those requirements of E.P.A. He stated that he hen not received any repl~ea from contractors on notice of axards. Both the Attorney and Mr. ELlsworth feel this protects the City. It may mean another advertisement. Easements from Mr. Johnson and Mr. Fabricius was discussed. This involves bringing sewer line through Mr. Johnson's property which would bring the sewer line further east and serving more of the impact planning area. Now the sewer runs along Five Mile and through lift station. Sewer line might be oY more benefit if realigned and the City has a responsibility to serve eastern area of Locust Grove. Mr. Ellsworth and Mr. Williams recommended moving the line East. It would come under the contract but cannot guarantee all costs would be covered. This would require some new easements. The Bids open April 3, 1978. Time is crucial so change order must be approved before contract is released. The Motion was made by Marvin Bodine and seconded by Richard Wi113ams that design change be made for Phase III Sewer if easements can be secured. Motion passed: Williams, yea; Glaisyer, yea; Bodine, yea; Kingsford, yea. • Meridian City Hall .6. March 20, Discussion of 15 Acre Park. Mr. IIlsworth reported that the City has commited approximately $125,000 and $30,000 remaining for other pro~ects~ such as Park seeding and playground equip- ment. If the City wants J-U-B Eagineers to proceed they will put together the specifications to meet the Bureau of Outdoor Recreation requirements. The City will have to advertise in accordance with state lax. Mr. Bodine and Mr. IIlaworth discussed playground equipment and are to meet with suppliers of playground equipment and representatives from Western Ada Recreation District to discuss finding. Mr. Bodine stated that Western Ada Recreation District have funds for items and have commited to buy playground equipment. Bruce Stuart, Work's Sup't., reported that the well at the park will take approximately $35.00 an hour for 40 hours and approximately 8900 to drop pump into ground; the fence for a standard fine (5) feet would coat approximately $1,276.00 compared to $1,394 for a pole fence of 420 feet and one (1) eight foot gate. Anvil fence was the low bidder. The Motion was made by Marvin Bodine and seconded by Richard Williams that the Anvil Fence Company be awarded the coatrMct to install the Park fence for the approximate cost of $1300.00. Motion passed: Williams, yea; Glaisyer, yea; Kingsford, yea; Bodine, yea. Carl IIlsworth explained that the City Council needs a policy on cleanouts vs. manholes and the spacing of fire hydrants. Problems with hydrants is maintaining them. City of Nampa's policy is placing hydrants every 500 feet. Mr. Stuart stated that the City's policy is around 450 feet and that they blow them once or twice a year. A.guideline would be useful and it was decided to check wftb Fire under-writers for requirements. The Mayor instructed Mr. Joy to confer with Yire Chief on policy of Fire Hydrant placement. Mr. IIlsworth also suggested that a policy be set to place a cleanout every 200 feet or put a manhole at the end of the line, if that line is going to be extended at a future date. There is a problem of potential maintenance; The City can do away with cleanout but a manhole cannot be and has to be maintained. The Motion was made and seconded that J~.II-B Eagineers, Inc. be paid the amount of $17,298.28 for contract for construction services plus re-designs along Linder Settlers Village and Fairview Avenue as result of obtaining easements. Motion passed: Williams, yea; Glaisyer, yea; Kingsford, yea; Bodine, yea. Chief of Police Gary Green reported that the Police Department now has four (4) patrol cars, the oldest two have 87,000 and 100,000 miles. Mr. Green requested that the City allow replacement of the car with 100,000 miles as they have the money in the budget, preferring the Nona size. The Motion was made by Joseph Glaisyer and seconded by Marvin Bodine that the Police Chief be allowed to bring bids before the Council at the April 3rd, 1978 meeting. Motion passed: Williams, yea; Glaisyer, yea; Kingsford, yea; Bodine, yea. Mr. Stuart reported the need to pump Service Well #2 for 40 hours at 835.00 per hour plus an additional 8900 to lower tank for City Park. Mayor Storey instructed Mr. IIlsworth to investigate for money from the Park Project. Discussion of the old Ross Furniture building. Budding has been rented to water bed business and should be put on City water according to City Ordinance. Owner is to be notified. The Motion was made by Marvin Bodine and seconded by Grant Kingsford that the necessary work be done on Service Well #2 and Water tank. Motion passed: Williams, yea; Glaisyer, yea; Kingsford, yea; Bodine, yea. Meridian City Hall ,'j, March 20, 19?$ Harry Sawyer, representing Homebuilders Association, presented a sketch proposal featuring the City of Meridian with the theme Meridian Celebrates '75 years. This is a symbolic gesture as the Aome and Garden Shox theme this year is A Look to the Future. No action taken. Jim Great, Idaho Power, suggested three locations for street lighting: Cherry Lane Village along the three entrances, one at James Court, one at Pumice Products. He also suggested lighting location at Cherry Lane Village #1 Glenfield and Sandlewood - in total some 50 lights. If Idaho Power had a letter to the effect of installation they could work on Cherry Village. He reported that Leavitt Nu-Pacific was not interested in their own lighting. Also, a possibility of bringing in Sodium Vapor light. Power cost has gone up 10~, street lights are up for a pole and 1~5 watt vapor lights to $5.40 per light installation. The Motion was made by Grant Kingsford and seconded by Marvin Bodine that Mayor Storey be empowered to deal with Idaho Power regarding placement of street lights. Motion passed: Williams, yea; Glaisyer, yea; Kingsford, yea; Bodice, yea Mayor Storey read a letter written by Patrick Joy regarding (per) phone conversation with Assistant Prosecutor, Jim Harris. (Copy filed with these minutes) There being no further business to come before the Council, the meeting stood adjourned at 10:25 P.M. attests ~'l OR DON STOREY cc: Mayor & Council;P & Z Commission;Hein;Bruce;Schoen;Chief;Shults; Ann;Welker;Fitzgerald;Hamilton;AID;APA;ACHD;Ada Zoning Director; Ada Commissioners;Central Health;Nampa-Meridian;Meridian Greens; Desert View (Old Tank);Meridian Bowling Lanes;Hudson-Mitich; Chapin Add (Ewing);Beer-Farmer's Club;15 Acre Park;Franklin Square; Sandlewood;Meadowview;Golf Course(pump);Insurance;Phase III Sewer; J-U-H Retainer File __ ~` _.~_.. IDAKO FOV/ER COMPANY 'f'O~~YYV~/YLBO__.~~, _. --FROM ~~-_-- LOCATiCK ~ _S1_ A/f1S~~~!r~LO GATIOY_-__.-.--_.- _ _____. -___ m. _ _ _- __ _. _-. - -. - __ _ _ _ _ _ _ ~}_ ~ __ - __ 0 __. - _ rt _ _.. _ - _. - _- i.. _ __. - I~ - v~ - - - - - fYe.__ ,~/JM/~'n,~ /J yf/1~ y-~-y/,- nom,- - - - - - IF ^.~r ^y/1.~,.Gfr^J .S:M'YY~{~ _Wi! __ +~r'S`~_~._ _. ~' ~~a~,n~ conversation; March 2Q,1978 Conversation ;Jith Ada County Prosecuting Attorney Jim Harris: If a prelimary plat has been aproved, recomended changes have been made as requested by the various departments and committees from the city and if issues such as noncompliance, or health and welfare of the citizens do not enter into the picture then the city is on weak ground if it turns down the final plat and could loose if litigation developes. • :~ • Np T' [ CE p F M E E T 1 N G SPECIAL City Council and Planning and Zoning Commission Location: 728 Meridian Street Meridian, Idaho. Time: 7:00 P.M. Date: March 20, 1978. •• Items: General Discussion Herald J, Cox City Clerk Sec, P & Z