1981 11-16i •
AGENDA
Meridian City Council
November 16, 1981
ITEM:
1. John Bielenberg - Cherry Lane Village Homeowners Association
Re: Care of Vacant Lots
Fencing of Swimming pools
MOTION FOR ATTORNEY TO INVESTIGATE POSSIBILITY OF ORDINANCE
FOR FENCING SWIMMING POOLS °
2. Attorney Wayne Crookston - DVY Construction Company, Inc.
Re: Arbitration
MOTION TO SETTLE FINAL PAYMENT $31,107.49
3. Department Reports
MAYOR GLAISYER APPOINTS COMMITTEE FOR IMPACT AREA WORKSHOP
WITH ADA COUNTY COMMISSIONERS
dian Citv Hall
Playor Joseph L. Glaisyer called the regular meeting to order at 7:35 p.m.
1981
Councilmen present: Richard C. Williams; Grant P. Kingsford; Bill Brewer; Rick Orton Jr.
Others present: Vern Schoen; Coenraad Abas; Kathy Williams; John Bielenberg;
P1ary Headrick; Claudine Engle; Roger Welker; Ray Sotero; Greg Walker;
Steve Gratton; Earl Ward; Gary Smith; Wayne Crookston Jr.
Sgt. Kevin Robertson
Agenda Cherry Lane Village Homeowners Association
1
Mary Headrick, John Bielenberg and Claudine Engle were present to represent the
Cherry Lane Village Homeowners Association.
Spokesperson, Mary Headrick: "We have a request for the care of the vacant lots -
the 4reaJs have become an absolute fire hazard. We want to know if there is an
orr;iear:ce that can take care of this or whose responsibility this is - how it can
be enforced."
Mayer Claisyer: "P1ary, the Ordinance states that it has to be a nuisance and in
order for this to qualify as a nuisance you would have to file a complaint, at
which time the City would serve warrant upon the property owners. It is the
responsibility of the property owner, be a developer or an individual, and the
City cannot act until there has been a complaint filed."
Headrick: "Then we could file a complaint on behalf of the Homeowners Association?"
Playor: "I am assuming so"
Headrick: "Another problem is the fencing of swimming pools. Is there an ordinance
or have you considered any to protect children?"
Mayor: "I have discussed this with the Police Department and there is no ordinance
as far as the City is concerned - we were not aware of that situation. Kevin is doing
some studies on this now with Boise and other communities as far as what their
ordinances pertain as far as fences are concerned. Bill has some comments
as Police Commissioner."
Councilman Brewer: "Having lived in other areas - as many of us have - I would like
to make the motion that we instruct our City Attorney to research the feasibility
of an ordinance pertaining to the fencing of swimming pools, by fencing or other
means. I think you will find that we have the ability to write one."
Kingsford: "I think there is a basic law that indicates that they (pools) would be
an attracting nuisance. Certainly the owner of that swimming pool would be negligent
and could be sued. Have they been made aware of this, have you talked to them?"
Headrick: "I have no idea"
Mayor: "Haven't the Homeowners approached the owners of the property?"
Kingsford: "I think if you would do that and knew the law, in regard to his liability,
he would get a fence up."
Headrick: "I don't think I would worry as much about being sued as I would a child
being injured."
Kingsford: "I doubt that person is aware of this"
Headrick: "What would you consider hazardous or dangerous with the weeds?"
Playor: "It has to be a public nuisance"
Williams: "A fire hazard primarily"
Mayor: "It would be the evaluation from the Fire Department and the Police Department
City Clerk: "It is spelled out in the City Ordinance as "Obnoxious weeds""
Kingsford: "I think what you have out there would definitely fall in that category -
that and approximately 200 other acres in the City"
Playor: "I talked to promoters several months ago and they indicated that they would
do something - apparently they have not. I would suggest that the Homeowners file a
formal complaint with the Police Department and at that time we ~aill notify the owners."
Headrick: "Thank you"
~ pleridian City Hall
2.
da 1 (Cont'd) Cherry Lane Village Homeowners.......
16. 1981
Councilman Orton: "I would like to say that on the matter of public and private
lot liability in recreational. facilities the law did change last year. As a
matter of fact, as a coincidence,the Park's Department called me just recently
and passed copy of the new code of law and I think it does change a lot of our
thinking in the past with the idea of "attractive nuisances" placing much more
responsibility on the person entering that property fav~taking care of himself -
whether a child or an adult. I would like to pass this along to the Police
Department before they pursue this."
Mayor: "There is a Motion on the floor"
Councilman Brewer: "I made a motion to
Attorney should pursue looking into the
fencing private pools."
the effect that I believe that our City
feasibility of an ordinance requiring
Kingsford: "Second"
f4ayor: "The Motion has been made and seconded to fi'nstruct the City Attorney to
investigate the possibility of a City Ordinance speculatingthat fences must be
placed around private swimming pools." "All in favor?"
"Oppose?"
htotion Carried: Kingsford, yea; Orton, yea; Brewer, yea
Williams, nay
Agenda City Attorney Wayne Crookston, Jr - DVY Construction Company
2
Attorney Crookston summarized the matter of the Arbitration between DVY Construction
Company and the City of Meridian which had been filed with the American Arbitration
Association (Case hlo. 75 10 0311 81 ).
Crookston: "6Je have reached an agreement to the settlement both to the counter-
claim and the claim of DVY Construction Company. The proposed settlement is
that the City pay DVY Construction $?6,400 which amounts to the sum which was
held as retainage, and has been physically held by the City for six months, at
least. ' We have agreed to make some change orders to the contract and the
Engineer, Gary Smith, and I have discussed it -Gary has been in touch with
Jim Coleman, the project engineer, and we feel that the City can recoup approxi-
mately $4700 on the change orders - so we're looking at a settlement of approxi-
mately $31,107.49. The contractor DVY has accepted this and we need formal
action by the City.."
The Motion was made by Williams thalt the City settle the final payment with
DVY Construction Company in the amount of $31,107.49.
Kingsford: "Second"
Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea
Councilman Orton: "Are they going to stop further claim after the settlement?
They have accepted the settlement - period?"
Attorney Crookston: "They have accepted it - I have prepared an acceptance of
final payment and a release. Alono with my correspondence and the check will
be the stipulation that they have to sign an agreement in order to negotiate the
check. So it would resolve all claims in their behalf.."
Orton: "Do they understand that the $4700 is contingent upon EPA approval?"
Crookston: "The $4700 as far as the settlement is concerned is not contingent
upon EPA."
Agenda
3 DEPARTMEPIT REPORTS
Councilman P:illiarms stated that there seems to be some problem with some plumbers
Meridian City Hall _J .3~ ~~ November 16, 1981
Agenda 3 (Dept. Reports) Councilman Williams.....
as to what they are being told they can do and not do regarding connecting to
the City sewer. Williams referred to a six-plex under construction (Ewing)
The matter was discussed. Councilman Orton stated that the plumbers were given
Standard Drawings and Procedures. adopted by the City and that the Wastewater
Superintendent could not be reached because of Jury duty. It was established
that the Wastewater Superintendent desired a procedure other than the Standard
Drawing because of that particular area.and the materials that should be used.
Wastewater Superintendent Earl Ward explains this in detail. (Tape on File)
Mayor Glaisyer appointed Grant Kingsford, Rick Orton and himself members of
the Impact Area Committee to work with the Ada County Commissioners. He stated
that he will be appointing three other citizens to work on that committee.
There being no other business to come before the Council the motion was made by
Kingsford and seconded by Brewer that the meeting be adjourned.
Motion Carried: Williams, yea; Orton, yea; Brewer, yea; Kingsford, yea
;'
;erph L ~G a syer, hiay~
ATTEST:
T
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