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1981 07-06 A G E N D A MERIDIAN CITY COUNCIL July 6, 1981 ITEM: Minutes of the previous meeting held June 15, 1981 APPROVED 1. Variance Hearing - Steven J. and Christine Browne 765 Hanover Court (Franklin Square Sub) 6 ft. fence APPROVED 2. Treasure Valley Baptist Church - Tabled from June 15th Vacation request of Lot 2 Timothy Subdivision APPROVED 3. Wayne Forrey, J-U-B Engineer, Inc. APPROVED to administer Single Purpose Community Development Block Grant 4. Water/Sewer Pre-termination Hearing - Delinquencies Shut Off 5. Bills Approved Bill Approved for J-U-B Engineers, Inc. HUD Application 6. Agreement between SANITARY SERVICES, INC. and BOISE COMPANY and CITY OF MERIDIAN Approved 7. Municipal Beer and Wine License fee Increase APPROVED 8. Department Reports: Building Inspector and City Engineer regarding SHENCK BUSINESS BUILDING 9. Engineering Report: Bill approved for Water & Waste Water Equipment Meridian Business Industrial Park approved for first phase Neighborhood Child Care discussed Smith Food King civil action re: backflow prevention device DVY Construction Co., Inc. arbitration Meridian City Hall July 6, 1981 Regular meeting called to order by Mayor Joseph L. Glaisyer at 7:30 P.P1. Councilmen Present: Richard Williams; Grant Kingsford; Bill Brewer; Rick Orton Jr. Others present: Gary D. Smith; Vern Schoen; Steve Browne; Charles W. Collens; Dennis Wells; Karen Storey; Barry D. Plitchell; Coenraad Abas; Bruce Stuart; Rod Puckett; Dee Wells; Roger Welker; Ray Sotero; Moahammad Alidjaini; Steve Gratton; Kathy Williams; Wayne Forrey Pastor Buddy Hoffman and Alan D. Cameron, Atty. Minutes of the previous meeting were approved as read. Agenda Steven J. and Christine Browne - 765 fianover Court FRANKLIN SQUARE 1 Steve Browne was present to request a variance from the City fence ordinance. Browne: "My request is to apply fora variance, you have a copy of the diagram of my property and the fence I wish to build. I believe we obtain a sketch from the Building Inspector stating that there is a 20 foot setback from your property line facing the adjacent street fora six foot fence. The way I understand,this is to avoid any obstruction or view of traffic on that intersection. I have presented a petition signed by my neighbors and they feel I would not be a nuisance at all. The fence will stop 83 feet from the center line to the front of the house." Bldg. Inspector Schoen: "It is not in the sight triangle" There was discussion concerning placement of fence. (Tape on file) The Motion was made by Williams and seconded by Kingsford that the City Council grant Steven Browne to build a six foot fence as outlined in his diagram to be located 765 Hanover Court. ~4otion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Diagram on file with minutes, City Clerk Office Agenda 2 Treasure Valley Baptist Church - Pastor Buddy Hoffman Alan D. Cameron, Attorney, was present to represent Treasure Valley Baptist Church request to Vacate Lot 2, Timothy Subdivision. Tabled from June 15, 1981 Attorney Cameron: "It is my understanding that the Council has tabled this for further research from the City Attorney on the issue of vacation of plats. This is a petition fora partial vacation of plat pursuant to Idaho Code Title 50-1306.a in which the City is given the authority to vacate plats. First off is the fact that we are so sure of our legal position in this matter that we have agreed to indemnify the City if any liability whatsoever should accrue to the City because of their release of the Plat. All we're looking to have released at this time is Lot 2 of Timothy Sub. which comes within the one mile radius of the City of Meridian. There has been an Ada County Planning & Zoning Staff report which says there is enough ground seepage for effective drainage for drain field, there's plenty of room for the project that is anticipated, we have an conditional use permit already, we have the street that was laid out on that lot already vacated by the Ada County Highway District. Basically everything that we have had to do along the way, has been done appropriately and properly by the rules of all the varying zoning regulations. At this point we merely want to say that we cannot see any legal reason why the City of Peridian should fail to approve the vacation of the Lot 2 from the plat - there may be questions, sure - but as far as the liability for doing what they are doing we don't feel that there is any:' "I wrote a letter to your City Attorney today and advised him of the fact that we would indemnify the City through legal services or money, whatever, that would be accrued by the City. We would hope you would take this into account." l~lilliams: "Why do they want the lot vacated?" Cameron: "The reason for having the lot vacated is that it sits upon a subdivision that was formed originally as a single family residential subdivision. In that subdivision there are some restrictive covenants that would limit building of a church on that particular lot. The subdivision itself is one that really has failed as a residential subdivision, it was intially set out as 12 to 15 lots and after ~i Peridian City Hall .2. July 6, 19II1 Agenda 2 (Cont'd) that point re-subdivided into seven. (7) lots and now those 7 lots are owned by three people. The owner of the Subdivision I believe owns five (5), theres one lot owned by the Church and one lot owned by somebody else. In reviewing the report of the Ada County Highway District that at the Public Hearing that took place there, the attorney for P1r. Dobson, who has had several complaints about this application to the City, admitted that the subdivision had failed as a residential subdivision. So our position is that the restrictive covenants dent have any validity today and that the easiest way to do that is with the least amount of problems to dlr. Dobson and take that one lot out of the subdivision, leave the rest of the subdivision with the restrictive covenants so that he is not bothered. The Church area sits Quite a distance away from where the other individual residential areas are - I don't think there is going to be any bother whatsoever, except for Sundary and other services." Williams: "As I was on the Council when there were other concerns .about this subdivision, we were not really in favor of this situation anyway. They are now contiguous to the City of P~ieridian. I would hate to see any development occur out there, regardless of who does it, without them being hooked up to City utilities. It does have high ground water in the spring until Fall. This sub has other problems." Attorney Crookston: "One thing that concerns me is what has gone on thus far is that the Ada County hlighway District granted your petition the roads - it concerns me as to how the Highway District did that without the City's consent was not given or perhaps not requested, when under 50-1321 of the Idaho Code it says no road or street shall be vacated within the Impact Area,~orif you will,say within one mile of the City limits, how that can be done without the City of Meridian's approval. Reading from that section "Any vacation of lands within one mile of the City shall require notification and consent of the City" that deals specifically with street and roadways". Cameron: "It is my understanding that all of this is intertwined to a point that none of this is going to be of any validity unless all of the required approvals are to be obtained. If we are not going to be approved by the City of teridian then the approval from the Ada County Highway District would lapse." Jim Glancey, Jerri 4lolfe Architectural: "That's not true. When we originally went to Ada County planning & Zoning they told us we would be required to have the road vacated and they told us it was in the Meridian Impact Area. We asked the City of Meridian how to go about vacating the right-of-way, can't remember who I talked with exactly at the City, put through the City Attorney, drove back to the Ada County Highway District with the answer and had them handle it - that's the reason we went through the Ada County Highway." Crookston: "I don't remember speaking to you about this." Pastor Buddy Hoffman: "They are concerned as to whether we have the road vacated properly or not. Riddlemoser, who is the attorney for Dobson, has brought up the concern. Dobson's lot right here (Hoffman designates location on map) has a two story house on it and he (Dobson) has a tennis court built right Here and a garage built right here. Both of these are built on top of dedicated roadways, they have never even attempted to be vacated. He argued against us at the Ada County Highway District that our roadway vacation would hamper his access which he had built on top of his access already without even having the approval of those very things. His concern about the restrictive covenants, he is totally in violation of the restrictive covenants, in these covenants he was, or there was to be no direct access to Overland Road.- he has direct access to Overland Road. There was supposed to be no house built - " Williams: "May I interrupt - the City has no control over restrictive covenants." Hoffman: "We're not arguing with that" Williams: "This .has nothing to do with our decision." Hoffman: "Ada County Staff reporting has done indepth study in whether this would be suitable in location or not, the development, and we received absolutely, totally O. K. - the land vaas suitable, everything was suitable for the development that we were planning on putting and we received our conditional use permits, which really, I don't see the issue of a matter if it's suitable or not but rather legitimate or not to receive out of that particular subdivision. !Je have already been through the process as to whether we should be able to build or not." 6, 1981 Cameron: "Mr. Mayor, if I may respond further to Councilman Williams? We will do whatever it takes to assure that the proper notifications from Ada County Highway District are given to the City and proper considerations are given. It was not our understanding, apparently that it could not be done this way. I think if you would take a look at the subdivision plat you would see that the vacation of the streets really harms nobody. We have the unplatted land over here (indicating on map) this really goes nowhere - these streets all fit in here and there is no one that is denied access whatsever. The access to this lot will be from this corner here, it just won't effect anybody as far as that street is concerned or anyone in the future in that unplatted area because the Freeway runs right along there. There won't be a chance for other unplatted areas along there. The concern about drainage is a real one. The study was done by Ada County prior to granting the permit and they did say the ground water season table does present a problem, but if we could put suitable fill material in there, around the septic tank hole, it would be appropriate basic short period of times when the water table is so high that there is a real problem. Certainly the alternative is to be connected to the closed community system, the waste disposal system but if uae can get in there the way we are -a later hookup is extremely feasible." I agree with Councilman Williams - the restrictive covenants have nothing to do with this. What has to do with this is the impact of this particular application on the Meridian City Urban Planning Area and it fits in with this plan then it should be, and I hope it is,approved by the City. If there are particular concerns then we would do everything we can to satisfy those concerns." Williams: "This plat,(designating Timothy Sub Plat) the lots - they are not platted in Blocks, lots are they? This is an overlay of a proposed plat, these are five acre tracts aren't they? I don't believe this is platted as such." Hoffman: "Yes, it's platted." Williams: "The whole thing? The blocks are not numbered." Cameron: "There was a re-subdivision of this - they took the smaller parts out and made them bigger. That's why it is not a effective residential subdivision, it's no longer there - it no longer exists." Mayor: "The condition of the approval of Ada County was with the condition of City approval." Glancey: "Under the Staff report of Ada County Planning & Zoning they do not have any comments, they just state under the Comprehensive Plan "Meridian Comprehensive Plan and the Peridian Zoning and Subdivision Ordinances shall apply in the rural areas which are outside Meridian's Urban Service Planning Area and within the Meridian Impact Area." (Page 39) "Also Page 39 under Rural Areas Meridian Comprehensive Plan, "Schools and churches may be permitted, as they are to serve the rural community." therefore Ada County Planning & Zoning assumes there is no problem with the City of Meridian." Brewer: "Do you have to go back to Ada County for final approval?" Glancey: "We are approved as of right now to build as we are." Hoffman: "We came to you to totally remove any doubt as to whether this is an actual subdivision and is the subdivision going to go forward or not." There was more discussion concerning the vacation procedure. (Tape on file) Cameron: "You make the final decision on the vacation of plat - that's what we are here for." Attorney Crookston explains letter directed to him from CLEMONS, COSf10 & HUMPHREY Attorney at Law regardidg the position of Treasure Valley Baptist Church that the City of Meridian will have no liability for its approval of this application and offer to indemnify the City because of that belief. (Letter on file with minutes and Timothy Sub. File) Crookston: "I don't think you should treat this letter as an inducement but make your (Council) decision on what you think is right or wrong. It's nice to have the indemnification -" Cameron: "The reason we sent the indemnity letter is because we are so sure of our own legal position on that, there are considerations - -the water, the streets, etc. that need to be the controlling factors. I do not want the City Council to worry about liability." Kingsford: "I still have my same concern - more of a moral concern, violation of restrictive covenants. - In good faith should be enforced." Meridian Citv Hall Agenda 2 (Cont'd) .4. There was more discussion concerning residential development of Timothy Subdivision. (Tape on file) More discussion concerning covenants. Cameron: "We are not concerned with the covenants today because there always will be some right of action on the part of those people that own that property if they so desire - you are not taking away by action on the City Council, you haven't deprived them of any right to go ahead and file any lawsuits. Additionally to meet your concerns on a moral issue in a situation like this, we are not building a feed lot out there - we're building something that is going to enhance this neighborhood more than it's going to do anything else. There's going to be a very nice looking church and landscaping." Cameron again explained the statutory procedure and the authority of the Church to request partial vacation of the plat. Orton: "Were you aware of the covenants at the time of the purchase?" Hoffman: "No, I wasn't aware. prton: "Was the Church aware, or the buyers aware?" Hoffman: "The restrictive covenants were buried away somewhere after the original plat of the entire thing - there was just absolutely no concern." "No we were not aware of the type of restrictive covenants." Kingsford: "There was nothing that appeared on the titled policy?" Hoffman: "No" "There is a clause in there, we did look it up, it said something about "all restrictive covenants apply, but nobody gave us a set of plans or said we couldn't build there." Attorney Crookston: "I think that the question before the Council is whether or not you vacate the subdivision lot or whether you don't. As far the municipal corpor- ation title to the Idaho Code there is much that deals with plats and vacation of plats and it mixes municipal coporations and mixes county government. There are no provision that I can find in the County title of the Code to deal with platting or plat vacation. So apparently they are all balled into this one title and that is title 50 and Chapter 13. Originally there was no specific procedure where the vacation of plats within the one mile jurisdiction of the City. This one mile idea came into being along with the platting procedure and the platting vacation procedure. This later was amended again so that the area of impact was involved. The section that Mr. Cameron referred to is 1306-a and that basically says that any subdivision or platted area that is in the area of impact of the City, the City has the final say whether or not that plat vacated." "It is up to the City Council to vacate or not vacate." Crookston explained there are no guidelines. (Tape on file) Orton: "What number of the property owners approve and disapprove?" Hoffman: "About 50/50 - there are only 4 owners." "Mr. Johnson (Walter R.) is not strongly objectionate to it, he is not willing to spend any money - that's his quote" Glancey: "Didn't he (Johnson) indicate that no matter what kind of development went in there, he would move, houses or anything." Cameros "One of his concerns was cars but it was cleared that the traffic would be minimal" Hoffman: "We would consent to building a fence, put a 5 mi. @ speed, or anything, we are not trying to abuse any kind of right." Williams: "Is for. Johnson and the Church on friendly terms and do you think any problems could be worked. Is Fir. Johnson here tonight?" No response Do you think you could work these concerns out to his satisfaction?" Hoffman: "Very definitely" Crookston: "The specific section says that the City Council may grant the request to vacate with such restrictions as they deem necessary for the public interest." Mayor Glaisyer: "Is there any other comment from the public since this is a public hearing?" No response. Meridian Ci Agenda 2 (Cont'd) ,. Julv 6. 1981 Bill Brewer: "P9 r. Mayor, I make the P~1otion that the City Council grant the request of Treasure Valley Baptist Church to Vacate Lot Number 2, Timothy Subdivision and to accept and include the letter of idemnity dated Jury 6, 1981 and also that the representatives of Treasure Valley Baptist Church be required to go to any extent they can to solve their problem with Mr. Johnson." Williams: "I'll second that motion" P~layor Glaisyer announces Motion to all attending. Mayor: "All those in favor?" Williams, yea; Brewer, yea; h1ayor: "Opposed?" Orton; yea; Kingsford, yea Mayor Glaisyer called the Council vote individually. Brewer,"aye" Orton,"negative" Kingsford, "negative the reason because of the restrictive covenants - if those are five acre lots, one individual owns roughly 15 acres, the minimum today is $10,000 an acre, that's $150,000 and I think we have an obligation to protect his interest, whatever the restrictive covenants are. I'm all for churchs but it is our obligation to adhere to those covenants." Williams, "aye" Motion ties. Playor Glaisyer: Motion Carries. "I'll vote yea." Representatives of the Treasure Valley Baptist Church thanked the Mayor and Council and left the chamber at this time. Agenda 3 lJayne Forrey, J-U-B Engineers Inc. Wayne Forrey was present to explain the schedule and status of the HUD Community Development Block Grant. He reported that the City was on schedule, naming July 15th as the date to begin the policies for the Grant. Forrey presented 15 items to be properly completed by the City to administer the Grant.(On file w/minutes) Forrey: "The second option would be that the City could hire a contractor, such as J-U-B to administer the program for the City." The h1otion was made and seconded by Grant Kingsford and seconded by Dick Williams that the Council initiate Option Number 2, Cost of $9,050.00, fixed fee of $2,050.00 Maximum $12,000.00 as presented by J-U-B Engineers, Inc. Project No. 8525. HUD Single Purpose Community Development Block Grant. Plotion Carried: Williams, yea; Kingsford, yea; Orton, yea; Brewer, yea Copy of Agreement between the City and J-U-B Engineers, Inc. for professional service Project No. 8525 on file with these minutes. Agenda 4dater and Sewer Delinquencies Pre-Termination Hearing 4 Mayor Glaisyer: "Is there anyone in the audience that wishes to be heard?" Barry P1itchel7: "I have lost my employment and I have not yet been determined to be eligible for unemployment insurance. I have no income. Mayor: "Do you have any idea when you might receive your unemployment check?" Mitchell: "If it's approved, probably at the end of this month." l~lilliams: "How long have you been unemployed?" Mitchell: "About a month." Mayor: "When do you suspect you could bring this account current?" Mitchell: "Probably by the time school starts." The Motion was made by Kingsford and seconded by Brewer to allow Barry Mitchell, 1527 Northgate Ave., keep his water service on as long as he makes one-half the Meridian City Hall 6. Julv 6 Agenda 4 (Cont'd) payment in July~and one-half the balance in August, balance to be current in September. Motion Carried: Williams, yea; Brewer, yea; Kingsford, yea; Orton, yea Mayor Glaisyer: "Is there anyone else for the pre-termination hearing?" No response "Due to their failure to pay their water bill or to present and valid reason why the bill has not been paid, their water shall be turned off on July 9th, 1981 In order to have their water turned back on, there will be an additional fee of $10.00. There are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, Pursuant to Idaho Code. Even though they appeal, the water will be shut off. The Motion was made by Williams and seconded by Orton that the delinquent users of water and sewer have their water service shut off. Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea; Kingsford, yea Agenda Bills 5 The Motion was made by Kingsford and seconded by Williams that the bills be allowed. Motion Carried: Kingsford, yea; Brewer, yea; 4illiams, yea; Orton, yea The f4otion was made by Kingsford and seconded by Williams that J-U-B Engineers, Inc. Statement No. 3 1981 HUD Application bill in the amount of $225.00 for professional services be paid from the Block Grant account. Piotion Carried: Williams, yea; Kingsford, yea; Orton, yea; Brewer, yea Agenda 6 OTHER BUSINESS: Agreement by and between SANITARY SERVICES, INC. and BOISE COPIPANY (previous Boise Cascade Corp) and the CITY OF MERIDIAN. Attorney Crookston: "I think this contract is in order, it is just a matter of approving the situation of him (Mohammad Sanitary Service) performing on a outside basis. All the billings will go through the City, the City will collect his collection fee. Mohammad Alidjanini explained the agreement for the trash hauling for Boise Company. The P~lotion was made by Kingsford and seconded by Williams that the City Council approve the agreement between Boise Company, Sanitary Services, Inc. and City of Meridian. Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea. Agenda 7 MUNICIPAL BEER AND WINE LICENSE FEES Mayor Glaisyer read the passage of S.B. 1010, amending Sections 23-1016 and 23-1315, Idaho Code increasing the maximum ceiling for on premise sales (bars, etc.) from $100 to $200 and the off premise sales (grocery stores, etc.) from $25 to $50. The Motion was made by Kingsford and seconded by Brewer that the City Council increase the City Beer and 4Jine License fees to $200 maximum for on premise sales and $50 maximum for off premise sales, and that an Ordinance be drafted. Motion Carried: Kingsford, yea; Brewer, yea; Williams, yea; Orton, yea Agenda DEPARTMENT REPORTS: 8 Bldg. Inspector Vernon Schoen: "In reference to Reynold Schenck Office Complex on Franklin and Meridian Roads the Ada County Highway, in the City original minutes the City gave the setbacks and variances providing Schenck met with Ada County Highway's request. Possibly the on-site drainage will not be a problem but Mr. Jacobs idian Citv lia 7. Julv 6, 1981 Agenda 8 (Cont'd) is concerned about the right-of-ways, they can't work with him (Schenck) and are going to go all the way and take it to court. I want to know if the Council want's me to "red tag" the project or hold up an"occupancy" - or whether our Attorney would advise us to drop it and let the Ada County Highway and Schenck settle as they should." Gary Smith, Engineer: "I don't know if the Council is aware of what has transpired or brought all of this to a head. I have also been in contact with Reynold Schenck and ACHD about two weeks ago. Reynold Schenck was in City Hall while I was here one morning and we met and discussed this fora moment. Part of the problem between Schenck and ACHD is that they want a certain amount of right-of-way dedicated to them from his property, and he is not willing to dedicate that amount for no fee. He want's to reimbursed for it. At the time the project was approved by City Council he indicated that he was losing approximately 15~ of his land in dedication to ACHD and was excessive for the reimbursement that they were willing to give - which was nothing. At the time of City Council approval that project was based on acceptance of ACHD's recommendations which included dedication of the right-of-way. Prior to that time Mr. Schenck has submitted a site plan to ACRD for approval and ACHD has reportedly sent that back to him, I have not seen it, with comments and he did not resubmit it. Then Mr. Schenck went to ACRD to get a permit to operate in the right-of-way which means he needed to make the connection from the parking area to the pavement from both Meridian Street and Franklin Road. ACHD withheld that permit based on his noncompliance in the past, on site drainage plan, dedication of right-of-way, etc. At the time I met with Mr. Schenck I read a copy of the minutes that stated that your approval was based on ACHD's recommendations. Further dis- cussion with ACRD indicates that the City can accept them, the City can reject them, modify them as they are recommendations only. I have not talked to h1r. Schenck since that meeting and I have not talked to ACRD. I believe that on Meridian Street the setback variance is 10 feet from the existing right-of-way line of 30 feet from the center line and I believe ACRD want's another 5 feet. In the future it may be necessary to widen Meridian Street, install a left-turn lane or they may install a signal light. If a dedication is not carried forward at this time then its difficult to settle in the future as far as getting that dedication is concerned. So Mr. Schenck feels that ACHD owes him something for the property and at this point of time they (ACHD) are not relenting as far as granting his right to work in the easement, therefor he cannot make a paved connection. I can't speak to the legal end of the situation." There was much discussion concerning the right-of-way width along Franklin. Schoen stated that the request was for 5 feet along Meridian Street and 7 feet along Franklin. (Tape on file) It was the feeling of the Council to stand on the Motion made granting the variance with the stipulation that Schenck comply with ACHD's requirements. The Motion was made by Kingsford and seconded by Brewer that the Reynold Schenck Business Complex building under construction be "Red Tagged" by the City Building Inspector. Plotion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea Agenda Engineering Report: 9 Engineer Gary Smith recommended approval of a bill from Water & Waste Water Equipment Company for Project Items in the amount of $446.11. Smith stated that the items were reimbursab9e. Invoice dated 1.9.81. The Motion was made by Kingsford and seconded by Williams that the bill from Water & Waste Water Equipment Company in the amount of $446.11 for project items Waste Water Plant be paid and that the funds for payment be transferred to ;the Construction Account. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea Gary Smith reported that he had received a telephone call from Dennis Burton concern- ing Meridian Business Industrial Park. Smith displayed a map and explained the request to phase develop the Park. They will start on the 6dest boundary on Franklin and go up to what would be East Fifth Street, up to King Street and then East for 760 feet and then south to Franklin, back to the point of beginning. Burton has I Meridian Citv Hall nda 9 (Cony ) 6, 1981 talked to ACHD and they had no objection or problem with doing that. Our original approval of this was to bring a 10 inch line up, through and continue it on up. So, we would make provisions for that to be continued of course. The intent on this is economic I would suspect." There was review discussion concerning Meridian Business Industrical Park. (Tape on file). Fire Chief Welker cautioned location of fire hydrants. Smith stated there appeared to be 3 hydrants on King and 2 hydrants on E. 5th There was no objection voiced from the Council concerning the proposed phase of development in P+leridian Business and Industrial Park. The establishment of limiting four (4) children for child care in a "Neighborhood Child care"situation. was discussed. It was the feeling of the Council that four children were a reasonable number. The Attorney was given the go ahead with civil action against Green Acres Properties, Inc, (Smith's Food King) because of their failure to install a backflow prevention device on its fire prevention sprinkling system. Attorney Crookston reported that the City is still going to arbitration with DVY Construction Co. There being no other business to come before the Council the meeting was adjourned. ,1 i~; ~ ~ , Ma+~ar JoselSh L! Glaisyer ATTEST: L tt C erk, Meridiar? Ctty Hall -9- July 6, 1481 Voucher Date Amount 1199 6-30-81 J-U-B Engineers, Inc. 442.47 1200 6-30-81 Idaho Sporting foods C,o. 87.14 1201 6-30->?1 Kalbus Office Supply 136.27 1202 6-30-81 Kowallis E. Richards, Inc. 7.42 1203 6-30-81 Lembke Heating Co. 99.00 1204 6-30-81 Meridian Drug 94.89 1205 6-30-81 Meridian Ford Sales, Inc. 1,403.44 1206 6-30-81 Ieridian Lock R Key 43,29 1207 6-30-81 The Michie Co. 98,52 1208 6-30-81 Millipore Co. 160.64 1209 6-30-81 Modern Printers 55,20 1210 6-30-81 Monroe 324.09 17.11 6-30-81 Morrison-Knudsen Company, Inc. 143.50 1212 6-30-81 l•?ountain Bell 673.62 1213 6-30-81 Mountain View Fglripment fo. 25.17 121 5-30-81 Paul's Conoco 32.95 1215 6-30-81 Pay-Less Auto Parts, Inc. 59.84 121E 6-30-81 Meridian QP,U 330.00 1.217 6-30-81 P.adio Paging Service 92.00 1218 6-30-81 Rayne Water Systems 55.00 1219 6-30-81 S & F. Auto Parts 37.2.1 17.20 6-30-81 Sears, Roebuck 20.80 1221 5-30-81 Share Corp. 58,00 17.27_ 6-30-81 Sheehan's 5.50 1223 6-30-81 Sparling Division 332.70 1224 VOID 1225 6-30-81 Star Photo Service 19.81 1226 6-30-81 State Of Idaho Dept, of Labor and Industrial Services 739.83 1227 6-30-81 Traylor Construction Co. Inc. 4,112.8n 1228 6-30-81 Steinbach Auto 133.13 1229 6-30-81 Storey Feed R Seed fo. 43.80 1230 6-30-81 I!arco- t4. J. Petersen 17.50 1231 6-30-R1 Valley Pews 246.74 1232 6-30-81 VRW Scientific Inc, 323,00 1233 F,-30-81 4later s, I+laste Water Equipment fo. 5,519.79 1234 6-30-81 Zamzows 21.77 1235 6-30-81 Starline Equipment 380,00 1236 6-30-81 Montana Medical Oxygen and Supply Co. 29.00 17.37 6-30-81 Roberts Constuction, Inc. 75.00 12.38 6-30-81 Meridian Insurance Agency Inc. 9,062.00 1241 VOID 1242 5-30-81 Association of Idaho Cities 2,521,99 1243 VOID 1244 5-30-81 Ambrose, Fitzgerald, Crookston R.. Mc Lam 4,189.25 1245 6-30-81 Husky Oil Co. 68.07 1246 6-30-A1 State Of Idaho /Office of State Auditor 4,658.83 1247 6-30-81 State Of Idaho Dept. of Revenue and Taxation 960.62 1248 6-30-81 Public Employee Retirement System of Idaho 4,923.92 17.49 6-30-81 Colonial Insurance 730.80 --.~ Meridian Citv Nall Voucher Date _10_ 1112 6-2.9-81 Alan Shrader 1113 6-29-81 Richard P. Donahue 1114 b-29-81 Roger Welker 1115 5-2.9-81 P.aymond L, Voss 1116 6-29-81 Bruce D. Stuart 1117 6-29-81 Gregory R, Walker 1118 5-29-81 Carol Schultz 1119 6-29-8.1 Ann M. Kiebert 11.20 6-29-81 Carla Sue P,oberts 112 6-29-81 Robert L. McConnell Jr. 1122 6-30-81 Harold Peal Hudson 1123 6-29-81 John Farl Ward 11.24 6-29-81 Robert Keith Boyd 1125 6-29-81 Fred H, Putzier 112.6 6-29-81 Robert J. Parsons 1127 6-29-81 Sandra K, Mordman 1128 6-29-81 Judy M Blessing 1129 6-29-81 U.S, Post Office 1130 VOID 1131 fi-3O-81 !!. S. Post Office 1132 6-30-81 First Security 1133. 6-30-81 Idaho First ^`ational Bank 1152 6-30-81 Farmers ands"e•chants State Rank 1154 6-30-81 City of P^..eridian 1155 6-30-81 Jim Bentley Jr. 1155 6-30-81 Ace Hardware 1157 6-30-81 Action Express 1158 6-30-81 Ada Planning Association 1159 b-30-81 Ada County Weed Control 1150 6-30-R1 Allied Envelope 1161 6-30-81 Andy's Supply Inc. 1152 6-30-81 Big "?. Upholstery & Draperies 1153 5-30-81 Bodine Oil Company, Inc. 1154 6-?0-81 Bodine's Sav-on-Gas 1165 6-30-81 Brewer Pest Control 1166 6-30-81 CTM Engineering 1167 5-30-8,1 Christian Getnral Purchasing 11 F8 5-30-81 Christian Supply 1159 6-30-81 Circle K Store#0445 1170 6-30-81 City of Roise!City Hall 1171 6-30-81 City of Peridian 1172 6-30.81 City of Meridian 1173 5-3O-81: Co-Operative Oil Assoc. lnc. 1174 6-30-81 Cop Shop Ftc. 1175 6-30-81. Oatafax Business Equipmetn 1176 5-30-8.1 O,K's Pets 1177 6-30-81 Decker's Inc, 1178 6-30-81 Discount Office Equipment 1179 b-?0-81 Dobbs Motor, Inc. 1].8O 5-30-81 Don's Shell Service 1181 5-3n-81 Dyna Pled, Inc. 1182 6-30-R1 Evans Lumber Co. 1183 5-30-81 Farm Store 1184 6-30-81 Farmer Brothers Coffee 1185 6-30-81 Frontier Tire 1186 6-30-81 Garner's 1187 5-30-81 General Electric Supply Co.~, 1188 6-30-81 General Fire R Safety Equipment, 1189 6-30-81 Great Western Chemical Co. 1190 6-30-81 Harold's Electric 1191 6-30-81 Hoff Building Center 1.192 6-30-81 Idaho Humane Society 1193 b-30-81 Idaho paging 1194 6-30-81 Idaho Power 1195 6-30-81 Intermountain .Gas Co. 1196 6-30-81 Intermountain Surgical Supply 1197 6-30-81 International Business Machines 1198 5-30-8I J & D Printing Inc. Corp. Jula 6, 198]. Amount 130,69 559,26 197.44 831.62 1,033.50 547.02 335,42 1,019.06 445.49 544,00 197,73 l,1ft9.96 820,55 790.27 703.51 682.79 406.21 72,00 2.66.26 50,000.00 ].3,058.51 3,620,02 82_,93 2on.oo 41.81 5.55 72.5.00 156.00 85.14 9.25 84.00 2,879.24 67.12 8.50 149.50 858,00 1s,DD 15,95 12n,8n 75,60 40.00 59.00 23fi,00 436.00 1.15 6,72 58.84 25.14 334.,00 1n7,55 6,15 44,3n 48.80 3.95 ln,eo £'0.25 22.on z22.2o 292.74 2n.88 173,25 54.00 6,109.23 96.94 160.59 75.75 3,00 --:3 idian f.ity Hall -11- Julv 6. 1981 Voucher Date Amount 18810 6-]-81 Motel E 32P,L6 18811 5-1-R1 First Security - f,ity of Meridian F.R.S. 500.00 18817_ VOIC 18813 E-1-R1 !'aymond Voss 260.25 18814 E-1-R,1 Bruce Stuart 235.50 18815 E-2-R1 Kenny Bowers 1.53.?_5 1881E 6-2-R1 Gary Newberry 14?_,75 18817 6-2-8I. Kenneth Crawford °145.50 18818 6-2-R1 Ron Parks 1E4,00 18819 6-2-A1 Dean Mayes Jr. 55.00 1882.0 6-2-81 Wayne Skiver 125.75 18821 6-2-R1 R.oger Welker 127.75 1882.2 6-2-R1 Richard Meyers 126.00 18823 E-2-81 Jerry Rice 95.50 18824 6-2-81 Bob Moore 164.75 18826 6-2-81 Ken Virden 92.25 18827 E-2-R1 John Giesler 120.25 1882.8 6-2-R1 P,on Tolsma 26.25 18829 6-2-81 Mike Losh 104.75 18830 E-2-R1 Tom Vincent 100.75 18831 6-2-R1 Pon Burton 79.75 18832 E-2-81 Mohammad Alidjani 78.25 18833 6-2-81 Randy Moore 103.75 LR834 6-2-R1 Bill Luke 96.00 18835 6-2-R1 Bob Giesler 89.75 1883E 6-2-81 Hollis Doty 14<50 18837 5-2-R1 Boy Berto 84.25 18839 6-2-R1 Mark S. Shaver 563.1E 18840 6-2-81 Idaho First "'a t, Bk. -City of r"eridian Bl,Gr „ 1,120.00 18841 6-2-R1 Farmers and Merchants - fonstruction Account E80,OP 18847 6-2_-R1 Mark L. Aguirre 315.45 18848 6-2-R1 Lana Sue Peoples 337,73 1P70 6-8-R1 Idaho First rational Bank 10,931,68 1077 6-16-R1 Raymon L. Voss R79,R4 1078 5-16-R_1 Idaho First national Bank 1E,719.R1 1079 6-15-81 National Fire Protection Assoc. 13E.00 1080 6-2.5-fl1 Tamera Perkins 451.76 1081 VOID 1082 6-7.6-81 Jean F, Moore 555.30 1083 6-2E-81 Dan ~. Grogg 69E.41 1084 6-24-81 Idaho First National Bank 110,000.00 1085 6-25-81 Carol Ann Brown 415.98 1086 6-29-81 Gary Smity 1,00 1087 6-29-R1 Joseph L. Glaisyer 526.08 1088 6-29-81 LaWana L. Niemann 932.94 1089 6-29-R1 Bill G. Brewer 81.18 1090 E-29-81 Grant P. Kingsford 88,68 1091 E-29-R1 Richard Orton 88.68 1092 6-29-R1 P,ichard Williams 88.68 1093 6-2.9-81 Mary Jane Harper 520.05 1094 5-29-A1 Judy Ann Byers 171.11 1095 6-29-81 Candy Hall 407.23 1096 6-29-R1 Janine A, Raasch ).29,7.7 1097 E-29-81 John 0. Fitzgerald 147.E9 1098 6-29-81 Richard Poug Nichols 1,085.70 1099 6-29-81 Rick L, Richardson 869.43 1100 6-3P-R1 Norman Williams 910.57 1101 6-2.9-R1 Bennis J, Fstes 854,66 1102 6-29-S1. Kevin Oale Robertson 867,51 1103 E-29-R1 Terry L. Tipton 939,49 1104 5-29-81 Gene ^! Trakel 926,20 1105 6-29-81 Alfred R. Thorusen 714.13 lln6 6-29-81 Douglas D, Weast 684.47 1107 E-29-R1 Gary Cushman 451.38 1108 6-29-R1 f..arol Case 93.35 1109 6-29-81 Norman Corde 51.34 1110 6-29-81 Jerome 0, Payne 154.03 1111 6-29-81 Terry Pollard 177,36 ~; } U ~I ~ -m 2 N ./.n V' • ~r ~N~ _ uoNovErC G-r. ' r- N ~P~?G~ DALE CLEMONS LOUIS H.COBHO HOWARD HUMPH REY RICHARD H.GREENER R. MICHAEL SO UTHCOMBE STANLEY W. WELSH MAX A. EIDE N, JR. CLEMONS,COSHO & HUMPH REY COUNSELLORS AND ATTORNEYS AT LAW II10 RANK OF IDAHO BUILDING B OISE,IDAHO 83702 TELEPHONE ~20 R~ 344-]BII July 6, 1981 Mr. Wayne Crookston, Esq. Ambrose, Fitzgerald, Crookston & McLam 1530 W. State Avenue Meridian, Idaho. 83642 Re: Application of Treasure Valley Baptist Church for partial vacation of plat Dear Wayne: RAN DALL C. FREDRIC NS PAUL T. BAIRD FREDRIC V.SHOEMAXER ALAN D.CAMERO N,II CHRISTOPHER RURXE As you know, this firm represents Treasure Valley Baptist Church in the above matter. This will confirm our recent tele- phone conversation in which I advised you that Treasure Valley Baptist Church will agree to indemnify the City of Meridian for any loss it may sustain as a result of the City's approval of the vacation of Lot 2 from Timothy Subdivision, Ada County, Idaho. As you may be aware, Treasure Valley Baptist Church has already obtained approval from Ada County Highway District con- cerning the vacation of future streets lying entirely within Lot 2, Timothy Subdivision. Additionally, the Ada County Zoning Commission has approved the issuance, with some conditions, of a conditional use permit to construct the church building on that lot. It is the position of Treasure Valley Baptist Church that the City of Meridian will have no liability for its approval of this application. We have made the above offer to indemnify the City because of that belief. It is our hope that you would agree with that assessment and will so advise the council. Sincerely, lan a ADC/ka cc: Pastor Buddy Hoffman Treasure Valley Baptist Church ~~ J-U-B ENGINEERM, II~IC. _,- AGREEMENT DETWEEN CLIENT AND ENGINEERS FOR PROFESSIONAL SERVICES J•U-B Project No. THIS AGREEMENT entered into this `'' day of `~ ~ 19 ` - . betTTeen (the CLIENT) and J-U-B ENGINEERS, Inc., an Idaho corporation of `~'' ''" Idaho (the ENGINEERSI. WITNESSETH: WHEREAS, the CLIENT intends to - ` ` ` - . `°'' " , hereinafter referred to m the PROJECT; NOW, THEREFORE, the CLIENT and the ENGINEERS in consideration of their mutual covenants herein agree in neepect to the performance of professional engineering aesvioes by the ENGINEERS and the payment for those services by the CLIENT, as set forth below. CLIENT INFORMATION -... ,. . _ ~ _ . The CLIENT will furnish to the ENGINEERS ~ " " ' ' ' `"' SERVICES TO BE PERFORMED BY THE ENGINEERS _ , The ENGINEERS will - . - .. , cr. _ . 1_ ;_. ^,•c-, arc SCHEDULE OF SERVICES TO BE PERFORMED The ENGINEERS will perform said services as follows:. ., ,1,. BASIS OF FEE AND BILLING SCHEDULE The CLIENT will pay the ENGINEERS for their services and eapensea m follows: ^' ~ `- ~=' ~- ~ - - - "~ ~ "-'" - _ .j File Folder Title -' ~'=' '% '~ Remarks THE TERMS AND CONDITIONS ON THE REVERSE SIDE ARE PART OF THIS AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement es of the day and year fast above writ6m. CLIENT: ENGINEERS: J-U-B ENGINEERS, Inc. NAME ~r STREET STREET ~.,. - B _, Cltt STATE ZIP CITY STATE ~• Ze SIGNATURE Dislrlbullon: 11Yhlle -ENGINEERS Yellew - Cl1ENT Plnk • PROJECT FILE +w qua - 6elden Red - OFPIfi Elt(e esv. SJ! yii flK ~1H5.'Y ~.:.-~ J-U-B ENGINEERS, Inc. TERMS AND CONDITIONS GENERAL The ENGINEERS intend to render their services under this Agreement in accordance witFt generally accepted professional practices for the intended use of the PROJECT and make no ~ other WARRANTY EITHER EXPRESS OR IMPLIED. The CLIENT guarantees full and free access for the ENGINEERS to enter upon all property required for the perfo*~+~aTMP of the ENGINEERS' services under this Agreement. The ENGINEERS shall not be responsible for acts of omissions of any party or parties involved in tbe servicea~cevered by this Agreement other than their own or for the failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by the ENGINEERS. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees or agents. The ENGINEERS have not been retained or compensated to provide design and construction review services related to any Construction Contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the Construction Contractor to perform his work but not related to the final or completed Project; omitted services include but are not limited to design or review of shoring, scaffolding, underpinning, temporary retainment of excavations, temporary bracing, and any other construction methods. Any opinion of the estimated construction cost prepared by the ENGINEERS represents their judgement as a design profee- eional and is supplied for the general guidance of the CLIENT. Since the ENGINEERS have no control over the coat of Labor and material, or over competitive bidding or market conditions, the ENGINEERS do not guarantee the accuracy of such opinions as compared to Contractor bids or actual cost to the CLIENT. In soils investigation work and in determining subsurface conditions for the PROJECT, the characteristics may vary greatly between successive test points and sample intervals. The ENGINEERS will coordinate this work in accordance with generally accepted engineering practices and make no other WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advice furnished by others. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and materials basis in addition to any other payment provided for in this Agreement. EXTENT OF AGREEMENT This Agreement represents the entee and integrated agreement between the CLIENT and the ENGINEERS and aupercedea all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the CLIENT and the ENGINEERS. DELEGATION OF DUTIES Neither the CLIENT nor ENGINEERS may delegate, assign, sublet or transfer his duties or interest in this Agreement with- out the written consent of the other party. TIME OR TIMES OF PAYMENT The CLIENT will make payment to the ENGINEERS within 10 days after receipt of a bill from the ENGINEERS on account of their services and expenses. If the CLIENT fails to make any payment due the ENGINEERS on account of their services and expenses within said 10 days after receipt of the ENGINEERS' bill therefor, the amounts due the ENGINEERS shall bear interest at the maximum legal rate from said 10th day, and in addition the ENGINEERS may suspend services under this Agreement until they have been paid in full all amounts due them on account of their services and expenses. LIMIT OF LIABILITY The CLIENT agrees that the limit of ENGINEERS' liability for any negligent acts, errors, or omissions relating to or ariaiog out of the project shall not exceed the total aggregate sum of $50,000.00 or the ENGINEERS' total fee for the services rendered on this PROJECT, whichever is g~ter, this limitation to apply to CLIENT aid all oantiactars or subo~hactas cn the PRAJECP. The CLIENT agrees to require all contractors to execute an agreement liariting the ENGINEERS' liability in accord with the provisions of this paragraph. TERMINATION This Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If this Agreement is terminated by either party, the ENGINEERS will be paid for services rendered to the date of such termination. AUTHORIZATION TO PROCEED Approval of this Agreement by the CLIENT and the ENGINEERS will serve as written authorization for the ENGINEERS to proceed with the services called for in the Agreement. - ~-u-e n4x nv. sn r\~/ J-U-~ .ENGINEER, Inc. 250 South Beachwood Avenue, Suite 1 Boise, Idaho 83709 July 6, 1981 Honorable Joseph Glaisyer, Mayor and City Council City of Meridian City Hall Meridian, Idaho 83642 Dear Mayor Glaisyer & Council Members: Re: Administrative Services City of Meridian Community Development Block Grant Program Telephone: (208) 376-7330 At your request, J-U-B ENGINEERS, Inc-, has identified major duties and tasks necessary to properly administer the City's Community Development Block Grant Project. Several of the tasks require a daily commitment of administra- tive time and effort, while other tasks are oriented toward meeting deadlines which will occur intermittently throughout the project- J-U-B ENGINEERS is pleased to offer their professional services to the City of Meridian for the Community Development Block Grant Project in whatever capacity best meets the needs of the City- Listed below are 15 generalized functions which have to be conducted during the project term. Each function may require several individual tasks to properly meet HUD Program requirements- These functions are: 1. Liaison with HUD during implementation of the project for current aclninistrative forms and procedures. 2. Assist City personnel in establishing project file system. (Suggest City of Meridian original, J-U-B ENGINEERS, Inc., copy.). 3- Prepare all necessary forms, correspondence and documents. 4. Respond to all HUD requests for additional documentation, explanation of data or information. *5. Administer financial draw downs and payment requests. *6. Monitor progress of project, regularly inform City Council. J=B ENGINES, Inc. 250 SouM Be~c~wootl Avenue, Sul\e 1, Bolsa, ICefro E3~08 • Honorable Mayor & City Council -2- July 6, 1981 7. Act as liaison between the City and contractors. 8. Administer bid procedure and assist in award. *9. Solicit public input, support and involvement in the project. *10. Advertise public information meetings. *11. Conduct public information meetings. *12. Develop and administer grievance procedure for citizens and contrac- tor(s). *13. Prepare performance report as required. *14. Prepare grantee close-out report. *15. Assist auditor as necessary. The City Council has three options concerning these generalized functions and how they can be administered. These options are: 1. City of Meridian performs complete project administration. 2. City of Meridian employs J-U-B ENGINEERS, Inc., to perform total project administration. 3. City of Meridian personnel, together with J-U-B, jointly provide project administration. Although your project is relatively simple, detailed administration of this project is necessary to insure compliance with HUD Progra+p.guidelines and place the City in a favorable position for future grant projects. Tn the past, numerous cities have lost the confidence of HUD as projects came to a close and an audit revealed improper fiscal practices. Administration of this project is extremely important. As summarized in the enclosed agreement, we estimate our costs to be about $11,100 if you select Option 2 which is J-U-B ENGINEERS, Inc., being hired to perform all administrative duties. If the City wishes to retain J-U-B ENGINEERS, Inc., for a portion of the administrative duties while assigning City personnel to other required tasks (Option 3), our cost would be about $4,500. Those items with an asterisk in the list of generalized functions are services that City personnel could provide. J-U-B would perform all remaining functions. City personnel would be trained by HUD to perform their tasks. ,,-cJ%8 ENGINF~RS, Inc. z~ so~~~ a..~hwa~ A.,~~.. s.~~. ~, ear... ~a.ho ~~~ • • Honorable Mayor & City Council -3- July 6, 1981 -' We propose that the City of Meridian employ J-U-B ENGINEERS, Inc., on a basis of reimbursement for the actual costs of labor and materials necessary to perform proper administrative services plus a fixed fee. This method ie acceptable to HUD and seems to work the best for our other similar clients and projects. If Option 2 is selected, we estimate the project cost to be $9,050 which would be billed monthly as the services are performed at an hourly rate reduced by our anticipated profit. The fixed fee would be billed at the completion of the project in the amount of $2,050. If Option 3 is selected, our fixed fee will be $830 and the estimated cost of providing the services is $3,670. These would be billed on the same frequency and basis as previously described for Option 2. Mr. Wayne Forrey will meet with the Council on July 6 to answer any questions you may have concerning our services and costs. Forrey's work will commence immediately upon your approving the enclosed agreement and giving notice to proceed. We are pleased to note that the City of Meridian has been cleared for financial draw down requests through the United States Treasury in San Francis- co. Forrey has been working with Mrs. Neiman in the initial administration of this project to insure a smooth flow of payment requests and financial admini- stration. If you have any questions, please do not hesitate to contact our office. Thank you for your continued confidence in J-U-B ENGINEERS, Inc. Sincerely, J-U-B ENGINEERSf,/IncJ{''~'`C- rence R_ Sale -~ Planning Projects Coordinator LRS:na