1981 02-17~~
AGENDA
MERIDIAN CITY COUNCIL
February 17, 1981
ITEM:
Minutes of previous meeting were approved as read.
1. Urban Limits and Functional Classification Public Hearing
2. Pat Quinn - Point of View Advertising Benches - Tabled and
recommended review of the proposal by the Meridian Chamber
of Commerce.
3. Locust Grove Industrial Park Annexation Hearing - Approved
Parcel I and Parcel II, zoned "D" Light Industrial, providing
compliance with all City ordinances and emphasis on the water
and sewer extension to that property, and that there be no
building permits issued until the water and sewer extensions
a re .made.
4. Meridian Business and Industrial Park Preliminary and Final Plat
Hearing - Approved, subject to Ada County Highway District
approval, design review, review of variances of lot lines, and
comply with all City Codes and New Ordinances.
5. Bethaven Final Plat Hearing - Tabled.
6. 1981 City Hall Remodel Project
7. Engineering Report - Approved payment of Kaman Bearing and Supply Corp.
Wastewater Treatment Plant Project reimburseable, for $636.87, and
the amount. to be transfered to the Construction Account.
Approved Change Order #4, Galey Construction, Boise River Outfall.
8. Other Business
9. Pre-termination Hearing - Delinquent Water/Sewer/Trash -
Approved delinquent account No. 10329 be withdrawn from the shut off
hearing.
Citv Hall February 17, 1981
Regular meeting called to order by President of Council, Richard 4illiams,
at 7:34 ~. m.
Councilmen present: President of Council, Richard Williams;
Grant Kingsford; Bill Brewer and Rick Orton
Mayor Glaisyer Absent
Others Attending: Bruce Stuart; Roger ldelker; Steve Gratton; Dennis Burton;
Vern Schoen; Earl Ward; Jackie Burgess; Albert Baer; Doug ^dichols
Norman hiilliams; Pat Quinn; Coenraad Abas; T.R. Woodward;
Phil Ashbaugh; Ellen iv'ichols; Fred Jacobsen; Jim 6Jhite;
Barbara Williams; Keith Stokes; Robert lJichols; Patsy Leach;
Lee R. Stucker; Carl W. Stucker; Fae Stucker; W. ~~eal Eagar;
Gary Smith; Wayne Crookston Jr.
Minutes of the previous meeting were approved as read.
Agenda Urban Limits and Functional Classification Public Hearing
President of Council Richard 4illiams opened the public hearing for public input
at 7:35: "PJotice is hereby given, pursuant to the Ordinances of the City of
Meridian and the laws of the State of Idaho, that a hearing will be held before the
City Council of the City of Meridian at the City Hall in the City of Pleridian at
the hour of 7:30 o'clock p.m. on the 17th day of February, 1981, for the purpose of
soliciting public input on the proposed changes by the State of Idaho Division of
Highways, Transportation Department, District 3 in the Urban Limits and Functional
Classification which changes may affect streets of the City of f>1eridian if
implemented. Any and all parties interested shall be heard at the above scheduled
hearing." "The public hearing is now open"
Williams: "Are there any comments from the public regarding the maps that have been
available to the public on this functional classification?" There was no response.
Williams: "Is there any torment from any of the Council?"
Brewer: "The only comment that might have would be the western yellow boundary,
which I believe is the boundary which H,~e are considering - the boundary in equal
amounts north and south, and to the west it goes approximately two and a quarter
miles from what I will refer tc as our existing development"
Williars: "Just past Black Cat P,oad"
Brewer: "Right" "6Jhereas to the east it Does approximately a mile and a quarter.
bihen you take into consideration the tentative agreement that we have made with the
Quong-Watkins Properties, I feel that limit should go out beyond Eagle Road approxi-
mately another r~rile to the east."
Williams: "On the easterly urban liriit boundary"
Brewer: "P,ight"
Crton: "As a counselor, I believe we have filed a letter already with some concerns
in it. I know that the Chamber has with some concerns. I would ,just like to enter
into record that those letters are filed and that I am in full support of them,
and I arr very much in support in Bill's comment on the easterly boundary. It should
include that area that we have entered into that agreement understanding with
Mr. Quong and that we should be including that in our plan."
Kingsford: "I have no probler with this."
4illiams: "I would like to have entered into the minutes that I have a very strong
objection to the classification of i!orth L,'est 8th "treet from Cherry Lane north and
from Pine to Cherry Lane of 8th Street as a collector route. Primarily because of
the high density residential in this area this seErs to want to promote traffic in
this situation were the streets and intersections are not capable of handling, in
my opihion, collector designated traffic flows. I would so suggest that ~lorth West
8th Street be deleted as a collector and not classified as a collector street.
fiorth West 8th Street will deadend at the old sewage treatment plant and probably
will not go through to Ustick, nor would it continue south from Pine Street."
4!illiarns: "Are there any public comments?" There was no response
"The Urban Limits and Functional Classification Fearing is hereby closed."
Meridian City Hall .2 _ __ February 17, 1981
Agenda Pat Quinn - Point of View Advertising Benches
2
Pat Quinn was present to explain the proposal for placement of benches in the City.
Quinn: "The Company I represent is Point of View Inc. and we provide the City of
Boise with benches. A short while ago I was on this Cbunci7' agenda to put forth
a proposal and at that time it was referred to Planning and Zoning. At the last
meeting of Planning and Zoning Agenda and I was given the approval with certain
concerns. One was the number of benches to be supplied to the City of P~ieridian and
two, the locations. In the drawn proposal to the City of Meridian, I have covered
that very, very specifically." Quinn read from proposal. "A. To construct benches
approved by City. Such approval shall be received in writing from City following
review of construction specifications and drawings submittedyby Point-of-View.
B. To sell advertising only upon uniform forms of contracts C. To publish adver-
tising rates and supply City with a copy thereof throughout the term of this Agreement.
D. To place benches only at locations designated by the City and to obtain the approval
of City prior to placing or installing benches upon sidewalks at various stops or
upon sidewalks at other locations in the City. E. To obtain the consent in writing, of
adjacent property owners in residential areas before benches are placed upon sidewalks
on private property:' "G. To keep and maintain the benches in good repair and condition
and repair any damage or defective benches within forty-eight hours after written
notice from City of such damage or defective condition. H. To relocate existing
benches when necessary within fifteen days of written notice by the City. "We have
placed a restriction on ourselves" I. To display only advertisements of a reputable
and unobjectionable character and to immediately remove upon written notice so to
do any advertisements that. City finds objectionable."
"We also indicated that there will be a maximum of 40 benches."
Williams: "We have all read this agreement before, Wayne - have you comments on
this proposal?"
Attorney Crookston: "I have reviewed the proposed agreement and I would suggest
that you initiate a one year agreement, if you enter into it, this one is for four
years and also that the agreement not carry an automatic renewal. Also, I would
suggest that the payment for the benches to the City be paid for the benches whether
they carry advertisement or nat. This would be too hard to police whether or not
they have sold avertising or not..The part 'to obtain consent in writing of adjacent
property owners in residential areas'- I would think this should be in all areas.
On the proof of insurance portion there should be some mention to carry $300,000
proof of insurance with the City of P^,eridian named insured. The default condition
should be 30 days, instead of 60 days, and if default the City should have no responsi-
bility what-so-ever to carry on or maintain a contract. If Point-of-View defaulted
on their agreement with the City, that the City could take over the benches- the City
doesn't want this responsibility."
Quinn: "flay I suggest at this point, that we get approval on what we are suggesting
to do here in the City of Meridian and sit down after the approval has been given and
work out the details of the contract."
Brewer: "I am opposed to the whole idea for a number of personal reasons. I can't
help but believe that the dense locations and the advertisement thereon would cause
a very unhealthy competiveness among our business people in town, and to try and
limit the number of benches, say to a dozen to fifteen, would prove a perfect example
of that. For instance if Idaho First should try to locate one in front of or near
First Security, and First Security wouldn't have the opportunity to locate one back,
on in front of, or near Idaho First - this brings about a real problem, you can
relate that to any profession in town. I have done a little talking, I feel personally
if the City needs a dozen or so, I dent see why our Chamber of Commerce or Service
Clubs get together and furnish what is needed and thereby end up with benches located
for the convenience for the people in the general public who are going to use them
and not be located where they would be standing out best for advertisement. Some-
times the advertisements in Boise are quite gaudy, but I think a great many of them
are in good taste. I don't believe we need such a project until we have a bus line
or commutor system -for a few benches for the convenience of our people I think should
come about another way."
Quinn: "I v!ould like to present the signs that we have in Boise"
"They have been noted as being among the finest in the United States of America,
as far as quality is concerned. In answer to your first objection, as far as
unfair competition, how can you limit a person on their ethics? You have to have a
certain amount of trust in anybody you deal with and I would challenge anybody at this
time to come to me and say 'you have placed a competitive sign outside a business in
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idian City Fall .3. February 17, 1981
Boise, you just won't find that. As far as competition, I would like to see more
than 40 benches. We paced them ourselves because we felt that is all the City of
Pieridian needed. The advertising rates that we are looking at would run about
X40.00 a month, for people spending on advertising in the local market today, that
is an absolute godsend. Thirdly, if the Lions or Kiwanis wanted to locate benches
in Pleridian, they would probably have to come to me. I recently donated 20 old
benches to the College of Idaho for exactly that purpose. The cost of a bench runs
right around $120.00 - if a charitable organization to come up with that type of
money, very well and good. We had a request from I think Kiwanis fora bench and
we donated that, here in Pleridian. For the use and enjoyment of the general public
you do have the Senior Citizens to help. I can't say how many times that they have
the benches in ^iampa and in Caldwell where there is no bus line, and it works out
very very well. Alright, all I can do is ask you folk's to go alone with me and
have a look at the contract that we have proposed, we have placed many restrictions
upon ourselves - I would like your approval."
Orton: "I disagree with Bill a little bit, I think to a certain extent the benches
could be a very valuable service in the area of the parking lot where they pick up
the skiers, I see people standing and wait for a ride in that area. Where would
you propose to put the first series? How many benches would you propose to have up
in a year, and if we should decide to cancel at that time how deep would you be in to?"
Ouinn: "If you decide to cancel, I would basically be looking at the cost of moving
those benches back to Boise - it wouldn't be a great amount of cost involved. But
with the location of the first set of benches I had in mind to meet with this office,
the Mayor's office, and ask them where they would like to see where the benches would
be located - whether there be five, ten, whatever."
Orton: "Are all the items that the Attorney named negotiable?"
Quinn: "They are negotiable"
Orton: "They are not completely acceptable as stated."
Quinn: - draw up the proposal"
Kingsford: "I have some serious doubts that we currently need 40 benches, I would be
apt to think that's more in line with how much advertising we would like to see
and how many people would like to park their bodies down, but I think I agree with
Rick that we could use some in certain areas and I don't have too much objection to
their being a few around, but maybe let us try a lessor amount first. I do have a
hangup about off-site advertising -just for the advertisinG standpoint I am not
sure I approve of it. If there were bus lines I would approve of it."
Orton: "I share that concern with off-site advertising, but didn't you say both the
property owners and the City got the opportunity to review your design, is that correct?"
Quinn: "That's correct. The property owners, if it's to be located outside of private
residence we would ask for their consent. in writing."
Orton: "What about on front of the banks?"
Quinn: "In front of the banks, it boils dovan to etiquette."
Orton: "Do we get the chance to review as the City?"
Quinn: "I"'ve proposed to you folks to sit down and look at the City and decide where
you want the 8encfies.. That's in essence what we are saying.."
Williams: "I would like to interject one point here - I appreciate what Pat's saying,
and I appreciate what the comments have been so far, but I think what it boils down
to is that they (Point of View) want to rent right-of-ways from us - basically that is
what it is. W'e have a public right-of-way and they are asking for a franchise in it.
I get a little concerned this is supposedly free enterprise and if he wants to put
up 100 benches I don't care, I don't want to sit here on the City Council and regulate
everything in the world. In my opinion we are over regulating and this goes back to
the Taxi Cab Company last year, they wanted us to set their rates - I don't want to
set their rates, if they can't set them high enough to make rioney -that's their problem,
if they set them too high and go; broke - that's their problem. Let's try to get
this back to some basics and not get in such an over regulatory design review."
Brewer: "P1r. President, I would like to make a couple more points - I'm still not
sold. Let's forget the locations and compare it with the yellow pages - the contractors
for example, every year the ad keeps getting bigger in competitiveness, because their
best competitor got his bigger last year. It has gotten so out of hand. Another
thing I would like people to remember -are these temporary electric signs that we
have all over town - sitting on sidewalks, yards -the ugliest things I've ever seen.
They are supposed to be limited to three months on site location but we have found it
is a very hard thinn to control, we have them around here that has been here from a
year. I just don't think it is a necessary thing and I believe it can be accomplished
through other means:
feridian City Fiall .4. __ __ __February 19, 1981
Quinn: "I would like to reiterate that we are about the only media available where
you are providing a tangible service to the local people."
Steve Gratton (Chamber of Commerce): "If there is a complaint from a neighbor or
a business to the location or the advertising, who do they come to?"
Quinn: "The aiay they do that in Boise is that the complaint goes to the City of
Boise then they contact us, we have 48 hrs. to address the situation."
"k!e have all this layed out in our contract with the City."
Gratton: "I would think there is some possible problems with it and I agree with
Councilman Brewer that until we have a bus line are they (benches) going to be
used as they are supposed to be used for or are they going to be tipped over,
set in the street, vandalized - I would say if they are going to be used in the
business area and the ones to pay the advertising, that this be postponed until the
Chamber of Commerce could take a look at it and make a recommendation, as to
problems the businessmen have had in the past."
l~lilliams: "My point comes back, if it's going to be a lousy deal people are not
going to advertise. If P1r. Quinn want's to put them up, my point of view is to
negotiate a one year contract - if it doesn't work out, forget it. If it is not
going to work, we are not going to sit here and make it work for him."
Orton: "De you have a franchise to operate in the right-of-way?"
Williams: "If it's in the right-of-way the City has some of the responsibility
and some liability, and also we could enter in some type of workable franchise
arrangement but with the option to not regulate it to death either. But if it doesn't
work out for the City, or the community, and we get persistent complaints then we
have an obligation as we would with any situation - in the case cancel the contract."
Kingsford: "I would like to have the endorsement of the business people before I
approve this."
The Rlotion was made by Orton and seconded by Brewer that the Point of View Bench
agreement be tabled and to recongnend review of the proposal by the Meridian Chamber
of Commerce.
Motion Carried: Orton, yea; Brewer, yea; Kingsford, yea 4Jilliams, nay
Agenda
3 Locust Grove Industrial Park Annexation Hearing
'rilliams: "The public hearing for the Locust Grove Industrial Park Annexation to
be zoned "D" Light Industrial is now opened."
Keith Stokes was present to represent Annexation and reviewed location and request.
Stokes: "This is the property on the east side of Locust Grove, back in July the
City passed an Ordinance PJo. 377 annexating this property. I apologize for having
to come back here again but there was an error in the legal description which left
out a small portion of the railroad right-of-way on the south side of the railroad
tracks - the 30 acre parcel on the south side of the track really was not contiguous
to the existing City limits.. The City Attorney has requested that we come back
through the annexation process even though the north portion is legal. This is the
reason we are here tonight, to correct the legal description. The legal
description has been presented to the City, checked by the City Enaineer, advertising
is done and the City Planning and Zoning Commission has approved it."
Kingsford: "Flan the various owners in the parcels signed application?"
Stokes: "Yes, they have all signed and are on file with the City. 41e had them all
in our hands before but we didn't actually turn them in, except the schools."
Williams: "Is there anyone in the public that wishes to comment upon this proposed
annexation?" There was no response.
Williams: "Anyone on the Council wishes to comment on this proposal?"
Kingsford: "The portion on sewer and water, is there a probleri getting it there?"
Stokes: ".Jot really, Mr. Kingsford. We had a year from last July (1980) acceptance
to file Preliminary Plat and connect to water and sewer. We presented the plans last
week on sewer line to the City Engineer for review and he is looking at them now.
Talked to Gary this morning and he said they looked very good, we will get them to
the Health Department, back to City and City Council for their final approval. I
need to know from the Council who I need to talk to about the water. 4;e need to sit
Nleridian_City Fiall .5. February 19 1981
down and get approval of the water system, the way we want to run it and also some
negotiations on the well - whether the City wants to take that well over. We are
proceeding and we would hope to have the sewer line in and under construction, and
finished before the water for irrigation comes in."
Williams: "I would think you should stay with Gary (Engineer) on that."
Stokes: "What I would like to do is make several proposals and then come back
before Council with Gary's blessing."
Williams: "Is there any other comment?" There was no response
"Public Hearing closed regarding the Locust Grove Park Annexation."
billiams: "There was a motion made and passed by Planning and Zoning on February
9th, 1981 to recommend approval of Parcel I and Parcel II of Locust Grove Industrial
Park providing sewer and water compliance, and compliance with all City ordinances
at the time."
The Plotion was made by Orton and seconded by Kingsford that the Council approve
the Annexation and Zoning request of Locust Grove Industrial Park Parcel I and
Parcel II, zoned "D" Light Industrial, providing compliance with all City
ordinances and emphasis on the water and sewer extension to that property, and
that there be no building permits issued until the water and sewer extensions are
made."
Plotion Carried: Brewer, yea; Kingsford, yea; Orton, yea; Williams, yea
lgenda
4 Meridian Business and Industrial Park Preliminary and final Plat Hearinc
lilliams: "The Meridian Business and Industrial Park Flearing is now open. Is there
anyone in the public that wishes td comment?
Dennis Burton, CI12M Hill and Jim White, Wright-Leisure Company were present to
request approval of the Preliminary and Final Plat.
Burton: "We are here again before the Council to outline and bring you up to date
on what the happenings have been in the last year and entertain any questions that you
might have, then seek your approval for the Preliminary-Final Plat."
Mr. White displayed an aerial map to the Council and Public.
Burton: "Proposal is on Franklin, adjacent to Franklin, goes up to the north to
Bower Street and then borders the property that's owned from 3rd Street to the east
to the said project(Section ~,T3N,RIE)" Burton pointed out surrounding properties,
Pumice Co., Cemetery, old sale yard property and 3rd Street. "Over a year ago
we were before the Council with 47 acres for Preliminary Plat and were approved.
Since that time the Developer has been able to acquire the additional seven acres
that will allow the development to confine itself by extending all the way to Bower
Street. The old sale yard has been basically cleared off now. We are here tonight
to seek approval for this additional seven acres to be included in this original 47
acres - this is why we have it as a Preliminary and Final Plat. What that does for
the development is two things: part of the requirement of the approval of Preliminary
Plat was to have access to Bower Street for fire protection. The additional seven
acres. provides access to Bower Street. The other would be that the water line
could be extended to Bower Street for future filtration of the City's water system.
The total we are talking about now is 54 acres."
White: "I might add that this park is going to have good restrictive covenants to
maintain the quality of it and also with this plan we have tried to make the
Industrial Park self contained so all your truck traffic is pretty much going to enter
from Franklin and stay within the industrial area rather than impact the residential
areas around it. We feel it is going to be an asset to Peridian, providing both the
warehousing and industrial aspects as well as the new office part."
Williams: "Are there any comments from the public?"
Ellen Plichols: "I own property on East 3rd. My question is the advisability, as this
plat is drawn for the developer, they are going to 3rd street to 5th Street -
bottling in an area there with no access to it. I'm sure you gentlemen are aware
that there are numerous such areas in the City of Floridian where there are no access
to lands that cannot be developed. I question the advisability of going ahead and
approving another plat. I think there should be some provision for putting in 4th
Street sometime in the future."
Williams: "Does 4th Street line up with that property?"
Meridian City Hall .6. February 19, 1981
?Jichols: "I think it would be on the very west perimeter."
Orton: "I understood you to say that some of those properties were landlocked along
3rd Street"
iJichols: "They o have f n a~ but are acre lots, 400 feet deep. And down the road
ten years from/~~~ you/m~~~n~s ~ake our horses out of there when the park is
developed, or restrict so we can't grow beef back there?"
Williams: "We are not talking apples and apples here - this is an industrial situation
and you have an acre lot back there zoned residential, you have a right to use that
residential lot as you so desire." "There is an access through the one lot on 3rd
Street."
Brewer: "T don't see how it would ever be just,to cause these people building this
Industrial development to bring about a street or a right-of-way to property you
people own. It's been studied for the last week and there seems to be a couple of
remedie;~ you people could put that street in yourself. In fact, make better use of
your property than if it was along the edge of it. Either through a culdesac
situation (indicating map) such as on here or putting a street through approximately
the middle of the unused property that you have in the back - you could develop
both sides of that street. To force these people to put a street along their property
so you can develop your property I think would be extremely unreasonable and unfair."
~lichols: "tJould the City Council approve that kind of development?"
Williams: "Submit one - we couldn't say yes, or no based on whether it would be a
better utilization."
flichols: "On the proposal - we have asked for this for ten years, we asked for it
when that was first zoned light industrial."
Williams: "I can see your point of view, all ofasudden you've got an acre of
residential land in the City which in most cases is a waste of 80% of an acre,
I think the neighbors can put together, I would say, three alternatives. I realize
there is blockage for a 4th Street because there is a development along Bower and
Franklin Road - those people are not necessarily going to give up 60 feet of right-
of-way. Collectively, the Developer may want to go back another 300 feet to enlarge
his Subdivision - the other side would be getting everyone collectively together
and put 4th Street as Vern Schoen has tentatively sketched (sketch put on display
by Williams) or put in culdesacs where you would get two or three land owners together.
Collectively develop a subdivision. I appreciate what you are saying and I applaud
you for trying to get a better utilization of land."
fdichols: "I still think the City is wrong in going ahead and blocking off, allowing
it to be blocked off."
Brewer: "Ellen, if you would look at this map right here (indicating map on wall of
Meridian Business Industrial Park) 4th Street runs on your property, not on their
property."
Williams: "The real problem is right here, the commercial property on Franklin is not
going to want to give up valuable property and to literally clear the houses away on
Bower creates a problem. We know that there is a 25 foot easement on the west boundary
of their property and they can't build on it."
~Jichols: "Does that yo clear across the property?"
Williams: "It's like this, it runs the full length of the property. There's a main
trunk that comes along here, so from the standpoint of development, with that easement
you would have ready access to sewer through that trunk - if it were residential
whether with a culdesac or street, you would have good access to sewer. It would not
encroach upon the proposed residential oroperty, because you have a 25 foot buffer
to begin with. This type of warehouse:: will not be loud working, and hope with
offices could enhance the value of your property. I would think it would be a very
feasible residential development."
Brewer: "One more point - on the sketch suggestion of putting through 4th Street -
if that should prove to be blocked by the cormiercial property on Franklin and by the
private residential on Bower, that very carne concept could be used by making a loop
off of 3rd Street that could take in all that desirable property. In other words,
instead of two or three culdesacs, loop that property to 3rd Street."
Williams: "I know the City would be willing to work with the landowners there.
Again we very much appreciate what you are saying and we would like to work with you
to provide a better utilization of that land than ,just letting it lay there. I think
you could benefit and I think the City could benefit too."
,7. February 19, 1
Williams: Are there any other comments regarding the hearing of Meridian Business
and Industrial Park Final Plat?"
Albert Baer: "lle live across the street and I would like to know where they are
planning their streets, we live just east of the cemetery and wondered where they
are coming out with their road onto Franklin."
Dennis Burton (CH2M): "About 290 feet from the edge of the block factory"
Burton pointed out entrances to the business park on map.
Baer: "6Je do not wish to have some high rise building right in front of our house"
Williams:"They cannot put any high rise buildings in the business park"
"There will be acceleration and deceleration lanes?"
Burton; "iJot as such, what it is is a widened curve - it is not an additional lane.
The streets will be built the 50 foot right-of-way standard with b 5 foot easement
on both sides inside the park."
The widening of Franklin was discussed and thought to be a 80 foot right-of-way.
Brewer: "As I recall, you have gone through Ada County with the acceleration and
deceleration and they didn't think it was needed at all?"
Burton: (i4ods agreement) "That's where this sweeping curve comes in"
Brewer: "These people have been before us numerous times and I think very good to
work with and the additional seven acres is just going to be an improvement to an
already very eood project."
4illiams: "Any other public comments?"
Phil Ashbaugh: "I would like to know how many entrances off from Franklin Road
there will be"
Burton: "There are two (2~ main ones with three (B) additional proposed. The
requirement we have is that all accesses be reviewed by Ada County Highway - they
have been reviewed in concept form and final curb cut form. There will be at least
as many shown on this plan, spaced at approximately 200 feet. The small one shown
will be private, not a public right-of-way."
Williams: "4Jith this plat we have design review and landscape plans to be submitted."
Williams: "Are there any other comments regarding the Meridian Business Industrial Park?"
There were none. "FJearing is hereby closed."
The "lotion was made by Orton and seconded by Brewer that the Preliminary and Final Plat
of h?eridian Business and Industrial Park subject to Ada County Highway District
approval, design review, review of variances of lot lines and comply with all City
Codes and .dew Ordinances, be approved.
Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Williams, yea
Agenda
5 Eethaven Final Plat hlearing
Orton: "I have a conflict of interest and abstain from decision as my firm does
represent Bethaven Subdivision."
Williams: "Please ~lote that ".r. Grton has abstained from any decision and I now
call the public hearing for Bethaven Final Plat open fer public comment"
Lee Stucker, Ceveloper and iJeal Eagar, Tudor Engineer, were present to request Final
Plat approval of Bethaven Subdivision located ',Jest Cherry Lane, across from
Sunnybrook Farm Subdivision.
Stucker: "We have presented most of our r:~aterial to you and talked to you before,
and have presented requested material to all of the different agencies. We have not
heard again from htampa-Meridiar. Irrigation District but Eagar has had all necessary
response from Ada County highway District."
Williar~s: "You have changed the restrictive covenants in order to comply with the
minimum square footage City Ordinance. There is one problem though and that is in
regard to duplexes. lJith regard to duplex units 'each side shall have not less than
860 square feet'. The minimur~; that the ordinance requires goes back up to PJo. 1
'no r.~ore than 10q may be between one thousand and one thousand and ninety-nine square
feet' - this applies to all residentional units whether they are single family or
multi-family dwellings." "Settler's Village sq. footage was before this transition;
or before this minimurn sq. footage Ordinance was adopted."
Meridian City Hall .8. February 19, 1981
Kingsford: "Isn't it also the case that you have to designate which lot and block these
particular percentages fall into?"
Stucker: "I would have to give that to you, there would be a slioht adjustment."
Kingston: "It would have to be desingated upon the plat approval."
Attorney Crookston confirmed the percentage square footage would have to be
designated before approval.
There was discussion concerning the duplex lots and the dispersing the required
percentage through the Subdivision.
Eagar: "In this particular case the reason for the duplex<development where it is,
is to serve as a buffer from the high traffic area, or what might be a high traffic
area on Cherry Lane."
Crookston: "There would have to be a variance from the Ordinance"(re: dispersing
minimum percentage sq. footage throughout)
Brewer: "Wouldn't that be a dangerous precedence?"
Williams: "We are talking about the lower end of the spectrum of all four units -
the 1C% being up front and then the remainder being dispersed to the Subdivision too."
iingsford: "Lee, all of your figures would have to be adjusted to include these
duplex units"
Stucker: "The duplex lots would take in all of my 10~, or all of my smaller units."
Kingsford: "You want to be sure where you want to designate the percentages as any
change would require a plat amendment."
Williams: "Is there anyone in the public that wishes to comment on Bethaven Subdivision?"
Jackie Burgess: "I live in Sunnybrook Farms Subdivision and I have received a
certified letter for this hearing. The term duplexes kind of made me boil, I am not
objecting to the land being developed, but I am concerned of the value of my property
because of what they are putting in there - and if it could be kept up to the same
standards as our subdivision."
Iilliams: "This Ordinance that we have regarding minimum dwelling unit size with
percentages we hope will address that situation, realizing there would be some smaller
homes within the subdivision but limited the number, and having them dispersed so
that we don't have a 'quote' complete low cost housing subdivision."
Burgess: "Then they are planning some smaller houses than what we have in our
subdivision?"
Kingsford: "It will be size-wise comparable."
4Jilliams: "There will be four (4) duplex lots out of a 40 lot subdivision."
Burgess: "bJill these be on Cherry Lane?"
Stucker: "They will not open onto Cherry Lane, one side of them will be adjacent to
Cherry Lane."
The new City Ordinance regarding policy of square footage percentage was explained
to Ms. Burgess and the Public. Burgess thanked the Council for their consideration.
6illiams: "Any more comment regarding Bethaven?"
Barbara Williams: "I also live in Sunnybrook Farms and our home is adjacent to
where the subdivision is going in. Where are the access roads going in, hopefully
not at my bath yard."
4illiams: "Westerly of Sunnybrook access"
Stucker: "From Rutledge Lateral it will be roughly 130 feet to the center of the
street. This would be west of Rutledge Lateral"
Williars: "Where Todd Way come onto Cherry Lane the access to Bethaven would be
approximately 30 or 40 feet westerly."
The location of the entrance street to Bethaven was pointed out on the map.
"dorm Williams resident of Sunnybrook brought up the speed zone in this area needing
to be reduced. Councilman blilliams agreed and suggested that the Police and Street
Commissioner Brewer obtain the reduced speed limit. N. Williams stated there was
danger as it was now just trying to turn into Sunnybrook Subdivision."
Williams: "Are there any more comments regarding Bethaven Final Plat?" There was none
"The Public Hearing is hereby closed."
,~ .,.r.,
idian City Hall
Williams: "There is a petition signed by residents of Sunnybrook Farms approving
Bethaven Subdivision as long as it is developed at or above the standards of
Sunnybrook Farms Subdivision (meaning no houses to be built below the average
home of their Subdivision" (On File with these minutes)
"The Council will take action on Bethaven Final Plat during a Special Meeting to be
held February 26, 1981 at the City Hall:'
The Plotion was made by Kingsford and seconded by Brewer that Bethaven Subdivision
Final Plat be tabled until February 26, 1981"
Motion Carried: Kingsford, yea; Brewer, yea; Williams, yea
Orton, Abstain
Agenda
6
Certified mailing as required for hearing was verified.
1981 City Hall Remodel Froject
Williams: "Regarding the Remodel Project of City Hall, we did have two low bidders
who were within $275.00 of each other. one (1) Barton Construction $24,137.30 and two (2)
Roberts Construction with a bid of $24,400.00. The bids seem to be very, very close
and there are some other questions as to the responsiveness of the bidders. It has
been suggested that we obtain financial statements from the companies and from the
principals of the companies before making any decision."
The Motion was made by Councilman Orton and seconded by Councilman Kingsford that the
Council direct the City Clerk to request financial statements from the two (2)
lowest bidder companies and all stockholders with more than ten percent (10%)
stock, and that the financial statements be submitted to the City Clerk prior to a
special meeting at the Meridian City Ftall Thursday, February 26, 1981, 7:30 p.m.
Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Williams, yea
Agenda
7
Engineer Report - City Engineer
of
Gary Smith, J-U-B Engineer, recommended payment/a project bill for screw pump bearings
bJastewater Treatment Plant in the amount of 5636.87, I:aman Bearing & Supply Corp.
The hlotion was made by Kingsford and seconded by Brewer that the bill from Kaman
Bearing and Supply Corp., ldastewater Treatment Plant Project rein;burseable, be paid
in the amount of $636.87 and that this amount be transfered to the Construction
Account
Plotion Carried: Breuer, yea; Orton, yea; Kingsford, yea; Williams, yea
Smith recommended approval of Galey Construction, Change Order #4, stating that this
was basically a clean-up paperwork item that officially adjusts the final pay
quantities on that contract. They were to adjust this in pay estimate #10 and Galey
was paid accordingly. All this does is make it official that the items have been
adjusted to the actual quantities. Change Order #4 reflects the same contract amount
that Pay Estimate #10 reflected - this was for a net decrease of $33,482.65.
The Motion was made by Brewer and seconded by Orton that the Council approve Change
Order #4, Galey Construction, Boise River Outfall.
Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea; Williams, yea
Agenda
8
Smith: "Mr. Galey will still have to sign but there should not be any problem as
he has signed Pay Estimate #10 and it was a Final Pay Estimate, and he has been paid."
Other Business
Brewer: "I would like to address our Acting Chief of Police with a problem that has
been brought to our attention just this evening. Apparently with the linkup between
N.W. 8th Street and Meadow View Subdivision, we have a race track going on N.W. 8th St..
There has been various comments from different people so our boys should start riding
it and hopefully the news media will pick it up."
Agenda pre-termination Hearing -Delinquent Water/Sewer/Trash
9
Williams opened the Pre-termination Hearing for delinquent water, sewer and trash
users by reading the Turn Off Notice: "This is to inform you in writing of your
_ Meridian City Hall .10 February 19, 1981
right to a pre-termination hearing Tuesday, February 19, 1981 at 7:30 p.m. before
the Mayor and Council, to appear in person with retained counsel to be judged on
facts and defend the claim made by the City that your water, sewer and trash bill
is delinquent. This service will be discontinued February 19, 1981 unless payment
is received in full."
Williams: "Is there anyone present that wishes to protesttFieirwater, sewer and trash
bill?"
Terry Woodward: "It seems this is my only alternative to get anyone's attention to
the water situation at the property I am referring to, 1535 E. First. I make reference
to the bill for the number of gallons used on 10.15.80, 470 gallons - 11.15.80, 300
gallons usage - 12.15.80, 200 gallons, 1.15.81, 300 gallons. So this seems logical..
The other meter, which services seven units, billing states 10.15.80, 11,100 gallons
the following month was 200 gallons. This I don't understand. dumber one - the
water pressure is abominable, if people flush the toilets the people are without water.
I am more than happy to pay the amount of money that is fair and equitable. I didn't
use any amount of w~~Ur during the month of December and January according to your bill."
Orton: "Bruce can/add any light to this?"
Stuart: "I have no idea what the meter read"
Orton: "I agree with you sir, these are extremely bizarre readings."
"Bruce we are going to have to check into this, I'm sure it's explainab']e and
that it can be corrected."
l;~oodward: "The water pressure is just unrea h"
Orton: "As far as the City's part, that is hooked to the new line and that is the
best we could possibly deliver. This line was put in to reduce pressure problem
and since no one else is complaining from that area I would suspect that this problem
is in your service line to your house. I would like to have this particular bill
removed from the delinquent statements and give Bruce a week to report back to me.
We wi 11 report to ilr. Loodward. "
Stuart: "One reason could be that the meter has stopped."
Williams: "There is also a delinquency on labor that the City did at this address
two years ago. Angle Stop valve, 6 hours labor at X9.00, total $65.25 - what is the
problem with that bill?"
Woodward: "I did not request for any of the repair to be done and where the work is
now, I don't know because they have totally removed and replaced with a new one
I presume. If I had of known that~I would have tried to make arrangements. I do not
know what caused them to remove it, other. than we did some asphalt paving there."
Stuart: "For one thing the angle stop valve had to be put on because he had a plumber
come in and turn it off and he broke the shut-off off of our meter."
Orton: "That is supposed to be our property, the property owner pays for the initial
installation and since that had been broken the City -.°
Stuart: "So to change that, we went ahead and moved the meter back out onto the
right-of-way so it is completely off of the property - both of them';
Woodward: "Could you give the date and time the meter was moved to the other location?"
Orton: "February 21, 1979 was billing date:'
Woodward: "I question the efficiency of the job when I have seen it done elsewhere,
they had to come and replace the whole unit, and a kid did it in a half an hour -
this is six hours:'
Stuart: "This is a whole different process:'
Orton: "A meter just sits in a saddle, you just turn two screws and its done -
the angle valve is pipe fitting attached and they have to sweat these on, and
excavation has to be done."
!Jilliams: "So you were not charged for the moving of the Teter, you were charged
by the fact you had a contractor come in and destroyed City property, the City had
to repair that in order to give you service - when that happens you incurr the
expense of the repair."
Woodward: "I' did not ask for repair"
Williams: "4de11, you want the water - you have to have it repaired, right?"
Woodward: "We were able to turn it on without having repair.."
Williams: "If they broke public property we have an obligation to repair."
!~loodward: "But the meter was on my property at the time°
Williams: "Still City property, it was the stop valve that they broke,'
toodward: "If it was to be removed at a later date why didn't they wait until the
rove to repair?"
!Jillianis: "I don't think they would know at that time it was to be moved:'
Woodward: "I didn't order it to be moved or relocated:'
4illiams: "tJe didn't charge you for that, I saidW'
Woodward: "I don't feel I should pay for the stop valve - it's no longer there,'
bJilliams: "The bill is two years old;'
Meridian City Nall ,11 Februar 19 1981
There was more discussion concerning the stop valve repair.
Brewer: "We have to rely upon our Department Heads and their ability to handle a
job like this, I think the majorityi~f your problem is the age or antiquity of
some of your construction - which/probably many years old down there. I don't
think you have a justifiable argument other than the other bill which the City has
agreed to work out with you."
The Plotion was made by Orton and seconded by Kingsford that delinquent Account PJo.
10329 be withdrawn from the shut off hearing.
Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; '+Jilliams, yea
Phil Ashbaugh, a resident of one of the seven units owned by Terry ldoodward, stated
there has always been a water pressure problem in these units. He stated that he
had moved out before because of the water pressure and that he could not understand
why the pressure fluctuates from good to bad. "At 8:00 and 9:00 a.m. there is good
water pressure, around noon to 5:00 it is not too bad, but after 5:00 p.m. it is
terrible. And there is no one else in the apartment complex but me. I know for a
fact I cannot take a shower at certain times of the day. I feel if the problem was
on the property side of the meter I would have bad pressure at all times."
Orton: "PJo that's not true. Water pressure noes with the velocity of the water
moving through the pipes and when there is no water, or very little water, you
should be able to maintain good pressure. As you turn on a sink the water pressure
will drop because of friction loss in those small pipes becomes very high as the
water starts to move faster. And all those systems you have just described could
result from small lines on property. 1•Je can test this very easily, we could turn
on 3 or ~', faucets within the complex, o0 out and test the pressure in the main then
come in and test it in your place and you would see that it would be considerably
lower - that of course will verify what we are trying to get across."
Ashbaugh: "I would like to see that done, at least it would prove something:'
Williams: "Is there any other comments regarding the delinquency hearing on shut offs?"
The Plotion was made by Orton and seconded by Kingsford that the turn off list be
completed with the exception of Account number 10329.
Plotion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Williams, yea
Williams: "Due to their failure to pay their water bill or to present a valid
reason why the bill has not been paid, their water shall be turned off on February
19th, 1981. In order. to have their water turned back on, there will be an additional
fee of w10.00. They are hereby informed that they. may appeal or have the decision of
the City reviewed by the fourth judicial District Court, pursuant to Idaho. Even
though they appeal, the water will be shut off."
There being no other business to come before the Council, The Plotion was made by
Kingsford and seconded by Orton that the meeting be adjourned at 9:30 P.P4.
Plotion Carried: Brewer, yea; Orton, yea; Williams, yea; Kingsford, yea
Meeting Adjourned. ~~
Pre ident Council,. Richard Williams
ATTEST:
~~C~ y Clerk
c: Mayor Earl Ray Sotero
Council J-U-B Valley News
P&Z Fire
Clerk Chief
Treasurer Ada County Commissioners
Hein ACHD
Attorney Ada County Zoning Director
Bruce APA
Vern AIC, Central District Health, PJampa-Meridian Irrigation
s
~, ~ i-~,
j
r
D
~'
OFFICIALS
lA WANA L NIEMANN, CHy Clerk.
A. M. KIEBERT, TnMlKer
ROGER &NERWIN, Ckbt of Pollee
BRUCE D. BTUART, Water Worlu 8upl.
JOHN O. FITLOERALO, Attorney
ROGER WELKER, Fin CMeI
EARL WARD, Weeb Wetsr Bupt.
HUB OF TREASURE VALLEI'
A Good Place to Live
CITY OF MERIDIAN
728 Meridian Street
MERIDIAN, IDAHO
&3&42
Phone 888-9433
JOSEPH L. OLAISYER
Meror
February 10, 1981
~~
Following are a list of responsive bidders and total bid:
#1 Barton Construction Co. $24,137.00
#2 Roberts Construction $24,400.00
#3 Ronald VanAuker, Inc. $26,237.00
#4 Ralstin Construction Co. $26,325.00
#5 KBC Builders $26,800.00
#6 Ewing Company, Inc. $26,831.00
#7 McAlvain Construction $27,250.00
#8 Henninger Construction Co. $32,166.00
Thank you for your consideration in this matter.
Sincerely,
VL ana L. Niemann
City Clerk
COUNCILMEN
RICHARD C. WILLIAMS
GRANT P. KINGSFORD
BILL BREWER
RICHARD F. ORTON, JR.
DONALD L. 811ARP
CkNrmen Zenlnp 6 Plnntnp