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HomeMy WebLinkAbout2005-02-08 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 8, 2005, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Shaun Wardle ~ Christine Donnell ~ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Joe Anderson with Cole Community Church: Presented 4. Adoption of the Agenda: Approve As Amended 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: V AR 04-008 Request for a Variance for off-site parking along N. 3rd Street for Holv Trinitv Charismatic Episcopal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: Approve B. StreetliQht Aareement for SaQeland Subdivision: Approve C. Assessment Aareement for Boise Meridian RV Resort: Approve D. Water Service Easement for Brent E. Borchers in regards to Locust Grove Utility Improvements: Approve E. Approve liQuor License for Eddv's at 501 South Main Street: Table to February 15, 2005 F. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. ~: Approve G. Award of Bid for Centrate Eaualization Proiect to RSCI: Approve Meridian City Council Agenda - February 8, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. H. Resolution No. 05459 : Approving Addendum No.2 to an Agreement by and between the City of Boise City (Legal Department) and the City of Meridian to Extend Prosecutorial and Police Leaal Advisor Services to Meridian: Approve Resolution No. 05460 Adopting Doa Adoption Policy as part of the City of Meridian Police Department Policy and Procedures Manual: Approve J. Line Item Transfer for the Black Cat Trunk and Lift Station: Approve K. Line Item Transfer for the North Slouah Sewer Trunk: Approve L. Line Item Transfer for the Centrate Basin Construction: Approve M. Water and Sewer Rate Increase Effective March 20. 2005: Approve N. Storev Park Phase II Construction Chanae Order No. 1 for Irriaation Line: Approve O. Storey Park Phase II Construction Chanae Order No. 2 for Irriaation Pump: Approve P. Storey Park Phase II Construction Chanae Order No. 3 for Removal of Irriaation Line: Approve 6. Department Reports: A. Finance Department - Stacy Kilchenmann 1. Payoff of Existina Latecomer Aareements: Approve B. Attorney - Bill Nary 1. Discussion of Vicious Doa Ordinance: Discussed C. Planning and Zoning Department - Steve Siddoway 1. West 8th Street Sidewalk Improvements: Approve Support Meridian City Council Agenda - February 8, 2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 2. Western Heritage Historic Byway - Supporting: Approve D. Parks and Recreation Department - Doug Strong 1. Park Issues: Discussed 7. (Items Moved from Consent Agenda) 8. Tabled from February 1, 2005: FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: Remove from Agenda 9. Continued Public Hearing from January 11, 2005: CUP 04-050 Request for Conditional Use Permit for a 3-story, 100-room hotel in an I-L zone for Country Inn & Suites Hotel by Boise Hotel Enterprises, LLC & ABC 2, LLC - north of East Pine Avenue and east of North Eagle Road: Applicant Withdrew Application 10. Public Hearing: Parks and Recreation Fees: Approve 11. Ordinance No. 05-1131 : Repealing Title 1, Chapter 7, Sections 7 (G) of the Meridian City Code regarding the Rules of Procedure for Public Hearinas and providing for a waiver of the reading rules: Approve 12. Ordinance No. 05-1132 Amending Title 6, Chapter 3, Section 6 of the Meridian City Code regarding Exemptions for Noises Creatina bv Public Disturbances: Approve 13. Executive Session per Idaho State Code 67-2345(1)(c)&(f): No Decision Meridian City Council Agenda - February 8, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 8,2005, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ X Shaun Wardle )( Christine Donnell =x:= Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Joe Anderson with Cole Community Church: j1re J-&rv.f...uL 4. Adoption of the Agenda: It-IPNV'! tfL,( 4~v6 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 04-008 Request for a Variance for off-site parking along N. 3rd Street for Holv Trinitv Charismatic Episcopal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: ~ B. Streetliaht Aareement for Saaeland Subdivision: ~VL<..-- C. Assessment Aareement for Boise Meridian RV Resort: ~~ D. Water Service Easement for Brent E. Borchers in regards to Locust Grove Utility Improvements: ~V'<- E. Approve Liauor License for Eddv's at 501 South Main Street: -litUe Iv 2--/~-I?S- F. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. ~: ~v-<- G. Award of Bid for Centrate Eaualization Proiect to RSCI: ~ H. Resolution No. tJ 5 - -+5 q : Approving Addendum No. 2 to an Agreement by and between the City of Boise City Meridian City Council Agenda - February 8, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Storey Park Phase II Construction Chanae Order No. 1 for Irriaation Line: ~QV'<...- Storev Park Phase II Construction Chanae Order No. 2 for Irriaation Pump: ~V'<- Storey Park Phase II Construction Chanae Order No. 3 for Removal of Irriaation Line: ?pl/""V 6. Department Reports J. (Legal Department) and the City of Meridian to Extend Prosecutorial and Police Leaal Advisor Services to Meridian: ~v<-- Resolution No. tJ5 -1-pO Adopting QQg Adootion Policv as part of the City of Meridian Police Department Policy and Procedures Manual: "lplI\.t.-- Line Item Transfer for the Black Cat Trunk and Lift Station: o/;rr-oV'-V Line Item Transfer for the North Slouah Sewer Trunk: tiJ'P"""- K. L. Line Item Transfer for the Centrate Basin Construction: ~V"-'--' Water and Sewer Rate Increase Effective March 20. 2005: ~~V'<-/ M. N. O. P. A. Finance Department - Stacy Kilchenmann 1. Pavoff of Existino Latecomer Aoreements: ~~V'-<--' B. Attorney - Bill Nary 1. Discussion of Vicious Doa Ordinance: c. Planning and Zoning Department - Steve Siddoway 1. West 8th Street Sidewalk Improvements: p~VIL SltjJfJprf'1 1nA-/r;/... # 2. Witferh. flerita9L f{,Tforic. 8qw4!J-Su-/Jport'ih-J ~r/\0 Parks and Recreation Department - Doug Strong 1. Park Issues: D\SQl\SScCL D. 7. (Items Moved from Consent Agenda) 8. Tabled from February 1, 2005: FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on Meridian City Council Agenda - February 8, 2005 Page 2 of 3 All materials presented at public meetings shalf become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinn?-.c1e Engineers, Inc. - 5995 North Jericho Road:~o l2crf\ovGfrc(v-", AG)enao.- Contfnued Public Heari ng from January 11, 2005: CUP 04-050 Request for Conditional Use Permit for a 3-story, 1 aD-room hotel in an I-L zone for Country Inn & Suites Hotel by Boise Hotel Enterprises, LLC & ABC 2, LLC - north of East Pine Avenue and east of North Eagle Road: \N \ h~o. yo uJ L AF1:::u ('(1'+1 cr Public Hearing: Parks and Recreation Fees: Ordinance No. 0';;- - II 31 : Repealing Title 1, Chapter 7, Sections 7 (G) of the Meridian City Code regarding the Rules of Procedure for Public Hearinas and providing for a waiver of the reading rules: A~e.. Ordinance No. ()? - /132- : Amending Title 6, Chapter 3, Section 6 of the Meridian City Code regarding Exemptions for Noises Creatina Public Disturbances: IfprOVe-, Executive Session per Idaho State Code 67-2345(1)(c)&(f): No {Xcis,\'mc; {)'Iade.. 10. 11. 12. 13. Meridian City Council Agenda - February 8, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. MERIDIAN CITY COUNCIL MEETING APPLICANT March 8, 2005 ITEM NO. 5-A REQUEST Approve Minutes of February 8, 2005 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: #1~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeUngs shall become property of the City of Meridian. Meridian City Council Meetina Februarv 8. 2005. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, February 8,2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree. Others Present: Bill Nary, Will Berg, Tara Green, Brad Watson, John Overton, Brad Hawkins-Clark, Kenny Bowers, Doug Strong, Stacy Kilchenmann, Elroy Huff, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle ---x-'Christine Donnell --L Charlie Rountree ~Keith Bird ~ Mayor Tammy de Weerd De Weerd: I will go ahead and open the regular City Council meeting. It is February 8th. It is 7:00 o'clock and I'd like to welcome you all here with us tonight. I will start the meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. If you all will join us in the pledge of allegiance. Mr. Berg will lead us. (Pledge of Allegiance recited.) Item 3: Community Invocation by Joe Anderson, with Cole Community Church: De Weerd: Thank you. And, again, thank you for joining us. Item No. 3 is our Community Invocation. Please join us at this time in the community invocation or take this opportunity for a moment of silence. With us to lead us in this item is Joe Anderson and he's from Cole Community Church. Welcome, Joe. Anderson: Let's bow our heads. Psalm 34:1-8: I will extol the Lord at all times. His praise will always be on my lips. My soul will boast in the Lord. Let the afflicted hear and rejoice. Glorify the Lord with me and let us exalt his name together. I sought the Lord and he answered me. He delivered me from all my fears. Those who look to him are radiant. Their faces are never covered with shame. This poor man called and the Lord heard him. He saved him out of all his troubles. The angel of the Lord encamps around those who fear him and he delivers them. Taste and see that the Lord is good. Blessed is the man who takes refuge in him. As we assemble here today may our Meridian City Council February 8, 2005 Page 2 of 23 thoughts, words, and actions be pleasing to you. May you give our Mayor de Weerd, Council-members, and other city leaders wisdom as they plan for our good. May you stretch out your hand of protection and comfort to our law enforcement and emergency response personnel? Bless them and their families and may you watch over our military men and women at home and abroad who fight for our freedom on our behalf. Thank you for their sacrifice. Lord, this world may bring conflict, stress, and challenges, which at times seem to overtake us, but you say in John 16:33: I have told you these things, so that in me you may have peace. In this world you will have trouble, but take heart, I have overcome the world. Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Joe. Appreciate that. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have some deletions and additions. On the Consent Agenda, which I'll also go through with the Consent Agenda, Item E needs to be tabled to 2/15/05 at the request -- per the request of Captain Overton. The resolution numbers on those is 05- 459 and 05-460. On Department Reports, under Item C, Planning and Zoning Department, Mr. Siddoway has asked that we -- he as Item No.2, Western Heritage. And on the regular agenda, the ordinance numbers are 05-1131 on Item 11 and 05- 1132 on Item No. 12. And with that I'd move we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve Item 4, the adoption of the Agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 04-008 Request for a Variance for off-site parking along N. 3rd Street for Holv Trinitv Charismatic Episcopal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: B. Streetliaht Aareement for Saaeland Subdivision: C. Assessment Aareement for Boise Meridian RV Resort: D. Water Service Easement for Brent E. Borchers in regards to Locust Grove Utility Improvements: Meridian City Council February 8, 2005 Page 3 of 23 E. Approve Liauor License for Eddv's - 501 South Main Street: F. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. ~: G. Award of Bid for Centrate Eaualization Proiect to RSCI: H. Resolution No. 05-459 : Approving Addendum No. 2 to an Agreement by and between the City of Boise City (Legal Department) and the City of Meridian to Extend Prosecutorial and Police Leaal Advisor Services to Meridian: Resolution No. 05-460 Adopting Doa Adoption Policy as part of the City of Meridian Police Department Policy and Procedures Manual: J. Black Cat Trunk and Lift Station: K. North Slouah Sewer Trunk: L Centrate Basin Construction: M. Water and Sewer Rate Increase Effective March 20. 2005: N. Storey Park Phase II Construction Chanae Order No. 1 for Irriaation Line: O. Storev Park Phase II Construction Chanae Order No. 2 for Irriaation Pump: P. Storey Park Phase II Construction Chanae Order No.3 for removal of irriaation line: De Weerd: No. 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I said, we need to table Item E on the Consent Agenda to 2/15/05, as per Captain Overton's request. H is Resolution No. 05-459. I is Resolution No. 05-460. And with that I'd move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. Meridian City Council February 8, 2005 Page 4 of 23 De Weerd: Thank you. It's been moved to approve the Consent Agenda as amended. Ifthere is no further discussion, Mr. Berg, will you call roiL Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Finance Department - Stacy Kilchenmann 1. Payoff of existina Latecomer Aareements: De Weerd: Thank you. Item 6 are the Department Reports. We start with Item A, Stacy with the Finance Department. Kilchenmann: Okay. I'm here this evening representing the combined partnership of Brad Watson and myself as pertains to paying off the existing latecomers agreements. As you know, you approved a new assessment fee schedule and in that assessment fee it includes a portion for reimbursement payments to developers when they put in oversize lines. Well, we currently have -- well, we have 34 existing latecomers agreements, all with various fee schedules and the problem is is that we are charging the assessment and charging the latecomer fee, we are charging the person twice for the same thing and this -- it would become extremely tedious to keep track of all this. So, what we are proposing to do is that we go ahead and we payoff our existing latecomers fees -- or agreements, which is about 2.5 million. We have a fund that's called Fund 62, it's called latecomer fund, that's money that we have been collecting as an administration fee for some time. It's got almost 4.5 million dollars in it. So, we propose to use half of that to payoff the existing agreements, then, we would still have 2.5 million as seed money that we will add that reimbursement portion to. So, in the future when we collect an assessment fee, we will separate the part that's a reimbursement fund accounting-wise, so that we know how much we have collected and where we are at and so forth. So, are there any questions for Brad or myself? Bird: Madam Mayor? De Weerd: No. Just probably an hallelujah over this. Bird: First, yeah, hallelujah. This is the latecomers; right? Kilchenmann: Correct. Bird: And no more; right? Brad? No more? Meridian City Council February 8, 2005 Page 5 of 23 Watson: Madam Mayor, Council-members, Councilman Bird, there will be no latecomers agreements. There will be another form of agreement in place to address these reimbursements for off-size and over-size lines. Bird: But no latecomers? Watson: Correct. Bird: Good. I'm for it a hundred percent. Thank you, guys, for working and doing it. De Weerd: Thank you. Any further questions? Or comments? Bird: Let's just do it. Kilchenmann: That will appear on that -- with the budget amendment. We will add this item on there. De Weerd: Okay. Thank you, Stacy. Appreciate all the work. It wasn't an easy task I'm sure. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Would you like a motion to approve that? De Weerd: Yes, please. Bird: So moved. Rountree: Second. De Weerd: Okay. It was so moved to approve the payoff of existing latecomers agreements. All those -- oh, let's do roll call. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. B. Attorney - Bill Nary 1. Discussion of Vicious Doa Ordinance: De Weerd: Okay. Item B is our city attorney. Meridian City Council February 8, 2005 Page 6 of 23 Nary: Madam Mayor, Members of the Council, the Mayor very subtly mentioned last week that we didn't have a vicious dog ordinance yet, so before you I have a draft ordinance to hopefully address some of the issues that have been raised about loose dogs in the street biting children, adults, and other animals. Our current ordinance doesn't really go very far to be able to address that problem. Predominately our animal control officers and police have to deal with that problem through our dog off leash ordinance, which isn't a very effective tool when you're talking about a dog biting someone. The only other addition in the draft that's on the website -- yesterday I realized that we probably need to have a provision to provide an exception for our K-9 animals for the police department, because they do certainly bite people in public on public property and this is where the ordinance would come into play. So, I did draft an exception for K-9s -- for the police K-9s that were acting in the course and scope of their responsibilities for law enforcement. But other than that, what this does is it creates a couple of different things that are different than what we have had before. It does create a specific ordinance to address dogs that either attack, bite, or harm other people or children. It is a misdemeanor. All of our city ordinances are misdemeanors in general anyway, it's just specifically noted in this one. The circumstances that are the most significant change is what happens after your dog bites someone in public. This doesn't address dogs biting people on private property and the reason I didn't address it in the ordinance is because that's predominately a property problem between a homeowner or a dog owner and that person that's on the private property. This is really to deal within the public area. The circumstances after your dog bites someone, they can be declared to be -- can be declared to be vicious on the first occasion that this happens. You have -- at that juncture, then, your dog can be seized by the police department and you're required to get a special license at that point. The special license is a couple of things. One, it's a notification to the city of this particular dog being determined to be vicious and it requires the property owner to not only acquire a license, but to acquire insurance to be able to cover any injury or any damages that particular animal may have. It also requires they provide identification of the animal to the police department, to animal control officers, they have to wear that license at all times and violation of any of those provisions is also a misdemeanor. It does allow the property owner some due process afterwards and I did get an e-mail from Chief Musser -- I know he isn't here tonight. He was a little concerned, but he -- I don't know whether he got sick after I explained the reason for it, but I know he's ill. This is a circumstance that if your dog has been declared vicious, that you can request a review by the police chief and the reason the police chief is the most appropriate person to review it is because he has oversight over any animal control enforcement responsibllities anyway, so he's, essentially, charged with reviewing his employees' performance and what they _ - how they have determined that that dog was vicious and that met the requirements of the ordinance. The person can request that review by the police chief. If they are unsatisfied with the police chiefs review and determination, then, they have an opportunity to appeal to you, to the Council, to again review the actions of the police chief. If the decision that the dog was vicious is upheld, they are required to acquire the license and provide all the proof that's necessary. If it's determined the dog is not vicious and the circumstances warrant that that decision should be reversed, then, they are not required to acquire a license, but they are required to pay for the maintenance of Meridian City Council February 8,2005 Page 7 of 23 the dog while the matter is pending, so that the city isn't going to be housing these animals for free, but the reason the city is housing -- maintaining them while this is pending is because, again, we don't know how significant or vicious this animal might be and so, again, it's a public safety concern. Again, all of the violations of it would be a misdemeanor. I think it addresses most of the other issues. I did send it over to our prosecuting agency with the city of Boise to review. I did get one comment back that they thought it probably may not even go far enough, but they were comfortable, at least, that it probably addressed the concerns that we had been facing in dealing with these types of animal complaints. And, certainly, I'd like to give the police -- I don't know if Chief Musser had an opportunity to send that to either patrol or the animal control folks to review and they probably need a little bit of time to do that before you get it back in front of you and I'd like to at least give them that opportunity to do that, but if there is other questions or concerns, Council, I could certainly hopefully answer those. De Weerd: Okay. Charlie. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Yeah. That's my name. Just on a quick read, Bill, there is say a citation and a couple questions as 6-2-1 and 6-2-10. It talks about any dog, which, when unprovoked, attacks or bites another person or other domestic animal upon the streets. And I suppose that's why we have lawyers, but how are you going to determine whether or not another animal that's provoked -- a domestic animal that's provoked a dog to bite it? I mean I just may not -- it may be a stupid question, but -- Nary: Madam Mayor, Members of the Council, Councilman Rountree, thank God we do have lawyers. That is exactly right. I think they are very circumstantially driven and, obviously, there are going to be issues that may be difficult to determine that animal was vicious based on that particular incident, but we have had occasions of reports where, essentially, people are walking their animal on a leash and didn't do anything, and a dog that's basically loose and attacked that animal while they were just walking down the street. You do have at least a witness to be able to attest to that. If it was simply someone's animal in the front yard, no witnesses to it, it probably would be difficult for the animal control officers to be able to make that determination, but I think they have to be factually driven. Rountree: Okay. De Weerd: And, in fact, that very scenario just recently happened where an on-leash dog was attacked by two dogs at large and, then, one of those dogs went around the corner and killed a small animal that was tied up outside the front yard. So, you know, we do need to get going on this and there are some dog issues. I guess as we move these ordinances in dealing with dogs forward, I would also ask that our city attorney's office look at our leash ..Iaws and enforcement in our parks and how we can best Meridian City Council February 8, 2005 Page 8 of 23 approach those as well, because people are taking their dogs to the parks and taking them off leash. If one of the dogs were to attack a child, I think there is some liability for the city if we don't have some kind of enforcement to protect those that are also on the park. Council, any other comment? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: How long before you can bring that -- get this out to the dog control officers and the police patrol? We need the people that we are going to ask to enforce it to look at this, I believe also, like you stated, Mr. Nary, so what have we got, two weeks, three weeks before we can have it back? Nary: Madam Mayor, Members of the Council, Council-member Bird, I transmitted it to the chief last week, I can transmit it to Captain Overton or whoever else the captain wants me to send it to, as well as our animal control officers in the morning and give them about a week to give me some comments back, so you should, hopefully, see it -- see this back, if it's all okay without anymore redrafts, by the end of this month. Bird: Okay. Thank you. I'm for it. De Weerd: Mr. Nary, I guess last week we were going to change our ordinance eliminating the swearing in portion. Nary: It's Item 11. De Weerd: Oh, is it? Thank you. Nary: You'll just have to swear them in tonight, Madam Mayor. Tonight's the last night. Berg: We have to publish them. Nary: Yeah. We have to publish the ordinance and, then, it will become effective. This will be the last night you will have to do that. De Weerd: Okay. Donnell: I'm going to miss it. Nary: Madam Mayor, one more note, just -- I did bring up the issue regarding the leash issue we have had in our parks to Mr. Baird, our deputy attorney, who used to do the park work for the city of Boise. In fact, he pointed out the section they had rewritten in the Boise city code to address parks specifically and dog off leashes. So, we are going to look at that language and see if we can incorporate some of that into that and I will Meridian City Council February 8, 2005 Page 9 of 23 make sure to share that with Mr. Strong to see how it would work with his personnel in the parks and something we might be able to bring back to you fairly shortly as well. De Weerd: Thank you so much. Okay. Item C is the Planning Department. Steve. C. Planning and Zoning Department - Steve Siddoway 1. West 8th Street Sidewalk Improvements: Siddoway: Thank you, Madam Mayor, Members of the Council. I have two items for you tonight. The first is a report on the West 8th Street sidewalk project and the second is regarding the Western Heritage Historic Byway. You should have received from me today a couple of draft letters and I will go through those with you now. The West 8th Street project is located just adjacent to Meridian Middle School, south of Cherry Lane. Last fall, Council, you may remember prioritized the requested sidewalk projects that were submitted by local citizens to ACHD. There were four projects. The top priority out of those four for the city was this project, the West 8th Street sidewalk project. ACHD went through their own prioritization project and out of 48 total applications, this one was number five, so it was ranked fairly high in their process as well and so we began looking at a way to get it funded. The original application only requested sidewalks along the east side of 8th Street. This is 8th Street here and the east side was the subject of the request of the application. Now, ACHD, through further study, determined that this was a good potential project to go for federal funds through the -- what they call the STP enhancement dollars and, as such, they have proposed to expand the project to include sidewalks on both sides, because there is, actually, a need for sidewalks on both sides today, to improve crosswalks in front of the middle school, there is -- there is a micro-path connection in this location right here that goes between West 7th and West 8th and the connection between that micro-path and the crosswalk is not in good condition at this point. So, they would propose to correct that as well. The micro-path portion of that work is outside of ACHD's right of way. The total cost of this project overall including both sides for sidewalks, crosswalk with in- pavement flashers, and the improved micro-path connection would be 325,000 dollars, of that the local match that would be required would be a total of 25,000. ACHD has proposed to make -- to pay for 20,000 of that local match and has requested that the City of Meridian pay for 5,000 dollars of the local match to go toward the portion of this project that is outside of ACHD's right of way. I have been coordinating on this issue with President Wardle and I don't know if you want to get into any specifics tonight on how this may be funded -- Mr. Wardle, would you like -- is that appropriate tonight or -- Wardle: Sure. Siddoway: In conversations we have had I thought it might -- as a micro-path it falls under the provision of pathways and, therefore, may make some sense to be -- come from the parks department budget. I have talked today with Mr. Strong and if the City Council so chooses to support this request, they could make that a part of their budget for next year when the funds would be coming, if they are successful, and, then, it would Meridian City Council February 8. 2005 Page 10 of 23 be -- we would need to come up with that amount at that time. What I have done today, I provided a draft letter to -- for Council's consideration that would pledge 5,000 dollars if ACHD's application is successful. Upon further thought, I would propose that we modify that language and I have a revised copy with me that would say that the City of Meridian would come up with 20 percent of the required match up to 5,000 dollars, so that if their application is successful for a lower amount, our local match requirement would also be reduced proportionally. So, I have modified that language. I will leave that original letter here with the city clerk, Mr. Berg, for the Council's consideration. And I will take any questions on this one. De Weerd: Steve, have you considered perhaps an LID among the neighbors? Mr. Bird? Should we not do an LID for the neighbors? Bird: Oh, I'd love to see an LID, but, then, it don't affect my property. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: And just for the Council's consideration, when Steve brought this to me my first reaction was -- was to look at it as a funding mechanism and certainly the highway district has jurisdiction and is charged with providing these -- these areas and spaces and what Steve went back and found out is that, really, what we are doing -- really what they are doing is they are asking the city to help them with an off-site improvement, which will include shoring up some easements for that piece and really providing a safe pathway for the -- really, for the students to get to the junior high there -- the middle school. And so I asked him to bring it before the Council for consideration. De Weerd: Thank you. Council, any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Yeah. I think that when we discussed this earlier, I believe we discussed it earlier -- an LID was brought up. I have no problem with an LID, but we need to do a much better job on our end of collecting -- collecting it. There is some ones from a city LI D down here that haven't been collected in 20 years, so why do one if you're not going to collect the money. De Weerd: That wasn't me. I wasn't alive then. Bird: I wasn't either. Rountree: Oh, really? Meridian City Council February 8, 2005 Page 11 of 23 Siddoway: Madam Mayor? De Weerd: Yes, Steve. Siddoway: I'll also just submit to you if we do choose to go after the LID, as opposed to city funding, we will need to pull it from the request for this year, work out the LID first, and, then, make it part of next year's request. De Weerd: Thank you. Yes. No. I was kidding, just because Mr. Bird lives on that street. Siddoway: Okay. In regards to timing, ACHD has already submitted their enhancement application to Compass for these funds. The regional transportation advisory committee is meeting next Wednesday, a week from, tomorrow, on February 16th, to prioritize all the enhancement projects. I would just need to have the support from the city one way or the other solidified by then for that prioritization process. De Weerd: Okay. Well, we could have a motion tonight and ask Council to sign, that would be -- Siddoway: That would be great. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: With that, I'll move that we support the revised letter to ACHD supporting the West 8th Street sidewalk and their match of a grant of 20 percent of the local match up to 5,000 dollars. Donnell: Second. Bird: Second. De Weerd: Okay. The motion is to approve the request to provide the match of 5,000 dollars. I guess, Doug, do we need this in blood that it will be part of your budget? Already approved? Okay. Mr. Berg, since this is committing funds, I'd rather take a roll call. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. 2. Western Heritage Historic Byway: De Weerd: Thank you. Okay. Next item. Meridian City Council February 8, 2005 Page 12 of23 Siddoway: Our next item is regarding the Western Heritage Historic Byway. The Western Heritage Foundation has completed their corridor management plan, which many of you may have seen. I have a copy with me if any of you haven't seen it I can leave it. But this was adopted in September of 2004. I'm told that the City of Meridian supported their efforts to go for state byway status, which was granted last year and they were successful. We now have an historic byway that begins -- the top line is Interstate 84. Interstate 84. This is the Meridian Road interchange and, then, it goes down Meridian Road to Kuna and south to sites along the Snake River that picks up things such as Initial Point, the Birds of Prey area, Salvation Park, and other things, but the City of Meridian does have an important portion of this byway, because it is the gateway for them of the entire byway, as people with that destination leave the freeway. The foundation now desires to go after national scenic byway status and not just state. They currently have state status. They would eligible for more funding through a national byway designation. They have requested a letter of support for their efforts from the City of Meridian. Other agencies have already submitted letters and I have copies of letters from Governor Kempthorne, Idaho Power, BSU, Ada County, and I'm told there are five others that have already been submitted. I have provided a draft letter tonight for Council's consideration and if Council chooses to sign that letter tonight, I can deliver it on our next meeting this Thursday. Their drop dead deadline is their application is due for submittal by the 28th of this month. And I will stand for any questions. De Weerd: Thank you, Steve. Council, any questions? Bird: I have none. De Weerd: Okay. Siddoway: Do we need a motion for signature on that one as well or -- Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell; I would make a motion that we would support, through our signatures and approval of City Council, the Western Heritage Historic Byway and send that support on to the Western Heritage Foundation. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve the letter before you. All those in favor say aye. All ayes. Motion carries. Rountree: Let the record show that I abstain. Meridian City Council February 8, 2005 Page 130f23 De Weerd: Okay. It was not all ayes. Three ayes. One abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. D. Parks and Recreation Department - Doug Strong 1. Park Issues: De Weerd: Okay. Parks Department. Strong: Thank you, Madam Mayor, Members of the Council. We had a few issues that we wanted to bring to your attention tonight that we are going to be bringing back to the Council for future action, but we wanted some preliminary discussion tonight. You see later on the agenda, the first Public Hearing for some recreation -- for recreation fees that we have had, that we have put together that are new fees, very recently we have had interest in a men's softball league that we are going to bring back to you. It's a new fee that we will bring to you in a couple weeks, along with some new fees for some summer programs that we have not had before the Council before. So, we would be bringing those back as additions or new fees for -- that will also require public hearings. In addition, in the fee category, our legal department has, in ordinance form, near final format for our park impact fees that will be brought to you soon. Nary: It's got to be published, so we have got to have two notices, so it's going to be at least three weeks. Strong: About three weeks. So, that's in the final stages to bring for action with the Council. So, we are going to bring those issues to your attention. Then, one issue that we have been working on for awhile that I know that the Mayor and I have talked about, is the Kiwanis park and the partnership we have with Kiwanis trying to finalize an agreement with the Kiwanis and proceed to get that park built and at least green. I'm the invited speaker on Thursday this week at Daybreaker Kiwanis and we are going to visit about that issue, but I have asked Elroy to be here tonight to talk to you about a plan that we have discussed in house that we think can move us forward to green up the park and still maintain a positive relationship with the club and some involvement from the club, but on a, you know, limited way compared where it started. So, I'll let Elroy talk about that and any questions I will be here. De Weerd: Thank you, Doug. Huff: Hi. Madam Mayor, Members of the Council, I have done some research on some things this spring and this winter on that park and due to some things that are going on with us and Kiwanis, we can tell that the original involvement that Kiwanis might have had in the development of this park will be just a little bit less and sometimes things just go that way. We still want to sign an agreement with them to help partnership in the development of that park. There has been a lot of work done on that park this last summer. You don't see very much of that, because most of that's underground utility Meridian City Council February 8, 2005 Page 14 of 23 work, excavation for the lake -- irrigation lake has been done. A lot of that stuff we do have record of that and that's all stuff that was done in kind on this park. I will make sure that Stacy gets those numbers. But in order to get ahead a little bit where we didn't get it as green like we would have wanted it last year, there is some things I need to do this spring and if we install our pump station and our irrigation lake liner, there is money budgeted in our current budget for the playground and we don't want to put that in until we have it green and create some excitement in that neighborhood and I know that the neighborhoods have pledged some money to go towards the purchase of a playground, so that will offset that, and we have budgeted a little bit. We would like to have a little community build day on that playground if we could. However, to do all those things, we need to finish some things up out there to get that park green. Those things would basically be once we have completed what I'm working on this spring, what would need to be completed would be final grading work, parking lot construction, sidewalks, pathway construction, irrigation installation and seeding, safety fencing to be installed on the perimeter from that big canal, the Ridenbaugh, and, then, tree planting. We will still have money in our current budget to go towards finalizing that much of the work in order to get ahead of that a little bit, in conjunction with all the other projects that I feel like we have in front of us this year, we'd like to get ahead of that one early. It may involve us requesting Council to help us out with additional impact fees to be attributed to that. I don't know those costs yet. We are wondering if Council would entertain the idea of taking the money we have left in that account, not counting the playground, and adding some to that, allocated from impact fees, to get ahead on that park and get some things done. That's where I'm at with it tonight. De Weerd: Thank you, Elroy. I think that, Council, we will bring a couple of things before you, probably over the next month, in looking at an jrrigation solution that we started working with Public Works on at Chateau Park. I know you all realize after the looks of it last summer that there were some water issues. Elroy and Doug have worked out a solution, but we still need to bring back a cost to it. Also, we met with Councilman Bird, Chief Bowers, and Doug and talked about the open space that will abut Station Four and so we'd like to bring all those back to you in one package and we just don't have the numbers right now. This is just to kind of give you a heads up as to what's going on. Mr. Wardle. Wardle: Madam Mayor -- and just one other question that I had for Elroy and the parks staff as far as these issues and especially the partnership issues. Has the park commission, seeing discussed, talked about any of this at all? Huff: We have discussed it in the past. I'll certainly be talking to them about it tomorrow night. Wardle: Okay. Huff: We are just one day backwards there. So, we'd like to get ahead of this just a little bit if we could. Meridian City Council February 8, 2005 Page 15 of 23 Wardle: And Madam Mayor? De Weerd: Yes. Wardle: That would be certainly my preference to involve our volunteer group in the parks commission to discuss these and, then, certainly bring it forward in the future for budget discussion. De Weerd: I think when we get into a tight time frame, sometimes -- the budget consideration is your purview and the commission, if we have the time, it's -- certainly they have a lot to add, but this has been back and forth in front of the parks commission, not for a specific vote, but, unfortunately, when we first started the partnership with Kiwanis, it appeared to be more of a regional Kiwanis involvement and it's turned out to be more just that club and if you narrow it down a little bit further, I think it should be called the Gordon Harris Park, because Gordon has just put tremendous time, energy, resources, he's gone out and fought and found many of the donations of equipment and -- I mean he's just a one man wonder. And his wife is sick right now and things have slowed down. I think that the neighbors would like to see something happen there and so would our staff. So, we appreciate that you continue to be a catalyst in that partnership. Good luck, Doug, with your presentation there. They are a great group of people. Huff: Thank you very much. De Weerd: Thank you. Strong: Madam Mayor, Members of the Council, just to add what you just said, when the school year started last year, it was the first year for Mountain View High School and the access going into the school that was planned in the design, the neighborhood fenced off and would not allow access. So we provided a temporary pathway from the access that goes into the park over to the school grounds and with the hope that by -- when school year opens in September this year, that we would have a permanent pathway in a green grassy field, rather than mud for kids to walk through, so that's part of the motivation. The neighbors are very excited or interested or concerned, whatever term we want to put -- when is the park going to be there. So, we need to move this partnership along and we feel like this would be a reasonable way to do that and still keep the club involved and Gordon Harris, in particular, has expressed some very specific interests in things that he wants to finish at the park, so we will bring some numbers and see what we can get done. Item 7: (Items Moved from Consent Agenda) De Weerd: Thank you, Doug. Okay. There were no items moved from the Consent Agenda. Meridian City Council February 8, 2005 Page 16 of 23 Item 8: Tabled from February 1, 2005: FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: De Weerd: So, I will move to Item 8, which was tabled from February 1 st, FP 04-084. Hawkins-Clark: Madam Mayor, Members of the Council, you have received -- well, we received, staff did, an e-mail today from Dave McKinnon, representing Arcadia, requesting another one week continuance on this and while the reason wasn't given in the e-mail, we understand verbally that they are dealing with the Public Works Department on a looping of the water main issue and it's contingent on a preliminary plat that the Planning and Zoning Department hasn't received yet. Obviously, it's up to the Council what you'd like to do with it, but I mean I think since final plats are not public hearings and the chance of this being completely processed by next week in order for us to confirm that this loop can happen is pretty slim, I would say, so I would just offer for your consideration possibly pulling this item, unless you want to continue to have it on your agenda week after week, but we did receive a request asking for a one week deferral on this. De Weerd: Okay. Council, do you want to see it week after week? Bird: No, I don't. Madam Mayor? De Weerd: ML Bird. Bird: I want to see it when it's ready. I don't want to be pulling it every week and continuing it on. I believe this is the third -- be the third time we have continued it. So, I would definitely go off of staff's recommendation. De Weerd: Okay. Do I have a motion? Bird: I move that we remove -- let me get the number here. FP 04-084 from the agenda. Rountree: Second. De Weerd: Okay. The motion is to remove Item No.8 from our agenda. Ms. Green. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from January 11, 2005: CUP 04-050 Request for Conditional Use Permit for a 3-story, 100-room hotel in an I-L Meridian City Council February 8, 2005 Page 17 of 23 zone for Country Inn & Suites Hotel by Boise Hotel Enterprises, LLC & ABC 2, LLC - north of East Pine Avenue and east of North Eagle Road: De Weerd: Okay. Item No.9 is a continued Public Hearing from January 11th on CUP 04-050. I will open the Public Hearing again and I guess since we haven't approved the new ordinance that will repeal the mandate that I swear everyone in that would like to provide testimony, if anyone who wishes to provide testimony would, please, raise your right hand. Nary: For the last time. Rountree: The last time. You're the select group. De Weerd: Yeah. Feel very honored. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer yes. (Affirmative answers.) De Weerd: I won't have anymore fun with that one. Okay. Staff. Hawkins-Clark: Thank you, Mayor, Members of the Council. Before I give my staff report, there was some conversation of the applicant with the city attorney just before the hearing and I guess I'd just like confirmation that I should proceed with the full -- the full staff report at this time. De Weerd: Okay. Mr. Nary. Nary: Madam Mayor, Members of the Council, we did discuss -- I did discuss with the applicant -- part of this, if you recall, about a month ago we had a discussion about the current zoning of that particular area and in my discussions with the Planning and Zoning staff today and last week, it's my opinion that although I think it was proper -- it was an exercise in trying to figure out what was done back in 1991 and it was an interesting view as to the ordinances that existed at the time and the actions that were taken by the Planning and Zoning Commission -- like Commissioner Rountree back in '91. Rountree: Careful. Nary: I think everything was done properly in '91. I think what happened since, then, is there were ways that we -- that the city could have made this a little cleaner for all concerned in regards to what the zoning is in this particular area from, essentially, both -- about a quarter mile each side of Fairview -- from Fairview down to the railroad tracks and my recommendation and Mrs. Canning when she was in before she was out of town, agreed that -- my best recommendation is that the city move to rezone all of this area into a commercial zone that is more appropriate to the uses that currently exist, as well as the future uses that are anticipated and to make it more consistent with the Meridian City Council February 8, 2005 Page 18 of 23 Comprehensive Land Use Map. I do believe -- and it is my legal opinion that it is a defendable situation with the current -- the current way that the zoning and the conditional uses are being allowed in that -- in that particular area, but it's very murky and from an applicant's standpoint, murkiness generally means delay and if there are certainly objections and concerns that are being expressed about a particular project, delay is very critical and probably fatal sometimes to getting these things done. So, it would be my -- and I think Brad's also collected opinion that tonight the Council direct staff to proceed with a rezone of this entire area, so that we can clear up all of these zoning issues that seem to crop up and the only reason we seem to resolve them is by the collective memory of people and eventually we won't all be here to remember that and it would make more sense to do it cleaner. But, again, in talking with the applicant I think they are probably not wanting to go forward at this time on this project, but want to help get this -- get the rezoning done and, then, revisit this application in some form in the future and maybe on this property, it may be in a different form, maybe in some other fashion, I don't know, but I think they are going to ask to either withdraw it or delay this particular project, but I'd let them certainly have the mike for that. De Weerd: Okay. Would the applicant like to come forward? Please state your name and address for the record. Simons: Thank you, Madam Mayor, Members of the Council. I apologize for my lack of being able to talk real well, but I don't think we will need an interpreter tonight. In light of all the information that we have here, I think it's in the best interest of all of us and also with our discussions with the homeowners board of the Crossroads Subdivision, that we just withdraw our application for now and clean all this up. Oh. I'm sorry. Andrew Simons, ABC2, LLC, P.O. Box 15407 in Boise. De Weerd: Thank you, Andy. So, you're requesting to withdraw this application? Simons: I'll answer any questions if there are any. De Weerd: Are there any questions? Bird: I have none. Donnell: None. De Weerd: Okay. Thank you. Simons: Thank you. De Weerd: Okay. So, the application for Item 9 has been requested to be withdrawn. Mr. Attorney, do I need a motion to accept? Nary: Madam Mayor and Members of the Council, yes, it would probably be the best just to -- a motion to accept that request for withdrawal would be appropriate. Meridian City Council February 8, 2005 Page 19 of 23 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we withdraw CUP 04-050, as per applicant's request. Rountree: Second. De Weerd: The motion is to withdraw -- or accept the request to withdraw on Item No. 9. Ms. Green, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, question -- De Weerd: Mr. Rountree. Rountree: -- concerning Counsel Nary's comment. Whose lead is it, then, to clear up the murkiness? And that's got to be a legal term. And I remember being part of this at some point in time. What I didn't remember it was that many years ago. Nary: Madam Mayor, Members of the Council, Councilman Rountree -- and all joking aside, actually, I think the 1991 action was probably the one that was correct. I think since, then, it probably wasn't cleaned up as it probably should have been and could have been and it's just an oversight. But I think both Mr. Hawkins-Clark and I, in our discussion today, feel that, really, it's the city's responsibillty to probably clean this up and I think that's why we were seeking simply that direction from the Council to go ahead and begin that process to do that rezone. Rountree: Do we need to direct that? It sounds like they have got it under control. De Weerd: Yes. So, you know your marching orders. Hawkins-Clark: Yes, we do. And, yeah, we just felt that since -- if this was only one property that was zoned light industrial that was proposing commercial uses, it might be appropriate for the applicant to proceed on their own behalf on their own dollar, but given that the entire Meridian Crossroads Shopping Center really has improper zoning, as well as some of the uses on the west side of Eagle Road, we are dealing with multiple properties, multiple acreages, different legal descriptions and I think just from a staff perspective here we just felt that it would -- it would be cleanest and it's probably long -- long overdue that we get the appropriate zoning, as we did about five years ago with the residential portion, which also was zoned light industrial until about four or five years ago. Meridian City Council February 8, 2005 Page 20 of 23 De Weerd: And we hate to tell the neighbors it was an illegal use, but we cleaned it up. You're legal now. We are legal. Okay. Thank you very much. And thank you all for joining us tonight. I apologize that you came, but I think this works out so that we have clearer expectations for development as well. Thank you. Item 10: Public Hearing: Parks and Recreation Fees: De Weerd: Okay. Item 10 is a Public Hearing for the Parks and Recreation fee. I will open the Public Hearing with staff comments. I don't think they want to comment. Council, do you have any questions on the fee schedule in front of you? Bird: On the fees? De Weerd: Uh-huh. Bird: I certainly don't, Mayor. I think they have -- Donnell: I have no questions. Bird: I have to tell you, I think this is the best fee setup we have had come before us from the parks department. De Weerd: Good job, Katrina. Is there anyone who would like to offer testimony on this? Okay. Well, thank you. Council, there is no testimony on this item. I would take a motion to close. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move we close Public Hearing for Item No.1 O. Bird: Second. De Weerd: The motion is to close the Public Hearing on Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: If there is no discussion or further information needed, I will take a motion to approve. Rountree: The liaison probably ought to make that. Bird: Christine. Meridian City Council February 8, 2005 Page 21 of 23 Donnell: Oh, you want me to? I haven't even been to a meeting yet, but I would love to make this motion. I would move that we would approve the parks and recreation fees as presented by staff. Wardle: Second. De Weerd: The motion is to approve Item 10. If there is no further discussion, Ms. Green, would you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Ordinance No. 05-1131 : Repealing Title 1, Chapter 7, Sections 7 (G) of the Meridian City Code regarding the Rules of Procedure for Public Hearinas and providing for a waiver of the reading rules: Item 12: Ordinance No. 05-1132 Amending Title 6, Chapter 3, Section 6 of the Meridian City Code regarding Exemptions for Noises Creatina Public Disturbances: De Weerd: Good job. Okay. Items 11 and 12 are Ordinance No. 05-1131 and 05- 1132. Ms. Green, will you, please, read these two items by title only. Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1131, an ordinance repealing Title 1, Chapter 7, Section 7G of the Meridian City Code regarding the rules of procedure for Public Hearing and providing for a waiver of the reading rules and providing an effective date. Green: Ordinance No. 05-1132, an ordinance amending Title 6, Chapter 3, Section 6 of Meridian City Code, regarding the exemptions for noises creating public disturbances and providing for a summary and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard these two brief ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Seeing nothing, do we have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 05-1131 and 05-1132, with suspension of rules. Meridian City Council February 8, 2005 Page 22 of 23 Rountree: Second. De Weerd: The motion is to approve Items 11 and 12. Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wa'rdle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Executive Session per Idaho State Code 67-2345(1)(c)&(f): De Weerd: Thank you so much. Item 14. Bird: Madam Mayor. De Weerd: Yes, Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1 )(c) and (f). Donnell: Second. De Weerd: Okay. The motion is to approve going into Executive Session. Ms. Green, will you, please, call roiL Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: Madame Mayor, I move that we come out of Executive Session. Bird: Second. De Weerd: The motion is to move out of Executive Session. All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: I am not sure if I am supposed to note for the record or not, but no decisions were made. Donnell: Madame Mayor I move to adjourn. Rountree: Second. Meridian City Council February 8, 2005 Page 23 of 23 De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:25 P.M. February 4, 2005 MERIDIAN CITY COUNCIL MEETING February 8, 2005 APPLICANT Holy Trinity Charismatic Episcopal Church ITEM NO. V AR 04-008 5-A REQUEST Findings for Approval- Request for a Variance for off-site parking along North 3rd Street for Holy Triniiy Charismatic Episcopal Church - 237 East State Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacte~ . Date:tti' (OS- Phone: Emailed: f'v'\a.<"' ~ r c.c.e.c....... 6 r ~ Sf ff Initials: /..1<... Materials presented at public meetings shal ecoma properly ot the City ot Meridian. See attached Findings ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS DECISION & ORDER In the matter of the request for a variance from Meridian City Code 11-13-1 [A] to allow off-site parking along N. Third Street, in the 0- T Zone for 237 E. State Street, by Holy Trinity Charismatic Episcopal Church. Case No: V AR-04-008 For the City Council Hearing Date of: January 25. 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the January 25, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-04-008 - PAGE I of 4 verified that the property owner ofrecord at the time of issuance of these findings is Holy Trinity Charismatic Episcopal Church. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Plmming Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9, 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Plmming and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant is hereby granted a variance to MCC 11-13-1 (A) Parking and Loading Spaces Required, in the O-T Zone to allow for ten (10) on-street parking spaces along N. Third Street and three (3) off-street parking spaces to fulfill the requirements of MCC 11-13-5(B). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-04-008 - PAGE 2 of 4 D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Deed and Legal Description Exhibit B: Required Findings for Variance By action of the City Council at its regular meeting held on the b~ru (V),J ,wozr: 'L.~o5. g-l& day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTEO* VOTEO~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ ~ CITY OF MERJDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).V AR-04-008 - PAGE 3 of4 Copy served upon Applicant, The PI and City Attorney. By: )C"U-t (l lY\.3tJ', CI (\ JY.... City Clerk's Office 'artment, Public Works Department Dated: 2 - it; -ot; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISJON & ORDER CASE NO(S). V AR-04-008 - PAGE 4 of 4 EXHIBIT A Holy Trinity Charismatic Episcopal Church V AR-04-008 Legal Description Lot 5 and 6 in Block 4 of COTTAGE HOME ADDITION TO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN Book 1 of Plats at Page 42, Records of Ada County, Idaho. EXCEPT theW est 21.5 feet of Lot 5. ALSO EXCEPTING the West 10 feet of the East 28.5 feet of Lot 5. EXHIBIT B Holy Trinity Charismatic Episcopal Church V AR-04-008 Required Findings for Variance According to Ordinance 11-18-1 , Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCll-18-3), all of which must be determined before granting a variance: " A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; Staff recognizes that most parcels located in the O-T district were not originally platted anticipating non-residential uses in the future. When the subject properties on this area of Meridian were originally configured, in 1897 with the Cottage Home Addition to Meridian, the lots were 50-feet wide and 120-feet deep. These dimensions are not very conducive to providing off-street parking for non- residential uses. With the amount of frontage this site has on Pine Avenue (68- feet), the City would recognize three (3) cars being able to park in front of this site (see MCC ll-13-4.F). Hours of operation are during non-traditional business hours (Sunday momings and Wednesday evenings) when demand for on-street parking spaces in the downtown area is low. Staff finds that the proposed use is a low-impact use and that the requested reduction of off-street parking stalls will not significantly affect the other properties in the general vicinity. Staff finds that requiring the construction of twelve (12) off-street parking stalls on this site is impracticable due to the existing dimensions of the property (68-feet wide by 120-feet long) and available on-street parking in this area. Further, staffbelieves that eliminating landscaping in this area to accommodate parking in the front yard would be detrimental to the overall feel and appearance of the Old-Town district. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; It is simply impossible to provide twelve (12) off-street parking stalls on this site, due to the dimensions of the subject parcel. The City has adopted goals, objectives, and policies that support mixed uses within the Old Town district. If off-street parking be strictly required for all properties in Old Town, staff believes that a majority of the properties would be restricted to a residential-only use and would not redevelop. Staff generally supports the redevelopment of the smaller, older lots in the original Meridian Township, as these conversions allow for a more vibrant downtown area. Staff finds that strict compliance with the City's parking requirements on this site would result in an extraordinary hardship to the developer due to the circumstances surrounding this property mentioned in the previous finding. Further, staff finds that enforcing the conditions and requirements of the off-street parking ordinance will inhibit the objectives of allowing Old Town to be a mixed use area. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; Staff anticipates that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. Further, the Council has granted parking variances to properties with similar situations within Old Town, and staff is unaware of any harmful impacts from these parking variances. Staff recommends that the Council reference any written or oral testimony provided at the public hearing, as well as staff's analysis, when determining whether or not the surrounding properties may be negatively affected by granting a variance. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff finds that the issuance of a variance for reducing parking standards to allow the redevelopment of a small piece of property in Old Town will not have the effect of altering the purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan. February 4, 2005 MERIDIAN CITY COUNCIL MEETING February 8, 2005 APPLICANT ITEM NO. 5-8 REQUEST Streetlight Agreement for Sag.eland Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials I'reset'lted clt I'UbUc meetings shall become pr6t~lfltrty 6f the City of Merldlah. City of Meridian Public Works Dept. Memo U I 2005 To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 1/3112005 Re: Proposed Agenda Items for 2/8/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 2/8/05 City Council agenda, on the Consent Agenda, for Council's consideration: ~ 1) Streetliaht Aareement for Sace/and Subdivision. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Sageland Subdivision and authorize the Mayor to sign and City Clerk to attest. 2) Assessment Aareement for Boise Meridian RV Resort. Typical Assessment Agreement. Recommended Council Action: Approve the Assessment Agreement for Boise Meridian RV Resort and authorize the Mayor to sign and City Clerk to attest. This agreement will allow us to re-evaluate the assessments calculated after a period of 36 months offull selVice. Thank you for your consideration. e Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Quasar Development, pertaining to the streetlights in SAGELAND , a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Quasar Development Has provided 9 _street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as SAGELAND in Meridian, Idaho. The parties acknowledge that the 2-street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Quasar Development, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Quasar Development, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3 . It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 2-street lights located in SAGELAND in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" residential. 5. It is understood and agreed that Quasar Development will assign its rights and obligations hereunder to SAGELAND Homeowners Association when said Owners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 of3 This AGREEMENT shall be binding on SAGELAND Homeowners Association, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of ,20_. CITY OF MERIDIAN, a municipality and Political Sageland division of the State ofIdaho By Tammy de Weerd, Mayor ATTEST: William G. Berg, Jr., City Clerk Approved by City Council on:' Quasar Development BY~ .... ~ t11e.""1 h:z...r -1':1 ATTEST: Secretary STREET LIGHT AGREEMENT Page 2 of3 STATE OF IDAHO, ) : ss. County of Ada, On this _ day of 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMM'Y DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERlDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEA:J;- NOTARY PUBLIC FOR IDAHO RESIDING AT 11Y COMMISSION EXPIRES STATE OF ,) : ss. County of ,) On this ~ay of jPUtllll ~ . , 20.122.0 before me, the undersigned, a Notary Public in and for said State, person ly appeared AmANDA A1-lIA1Zo and ----.. known to me to be ~ and Secretary of Quasar Development., and who executed the within instnunent oCU ~~~f said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ~,~,t,~~I~~f;~...~.## ~"''''~6' _... Y<< #It , ~ .-..;:.p #\ i 0 \'\~111(j" ~ i .. .., _e- : ... E \ ..f'dVJ..o~./. __ .'~ "#41'-(' >.0 ...........~.<~ . ##.....~~~n..:. ; 0Jili ~ NOTARY PUBLIC FOR 0 RESIDING AT 11\1 J OOLG1'DrJ j]:O I 11Y COMMISSION EXPIRES 2-/ tj loci { STREET LIGHT AGREEMENT Page 3 of3 February 4, 2005 MERIDIAN CITY COUNCIL MEETING February 8, 2005 APPLICANT ITEM NO. 5..C REQUEST Assessment Agreement for Boise Meridian RV Resort AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: rvyJ/ CITY PARKS DEPT: fi17' MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 1/3112005 Re: Proposed Agenda Items for 2/8105 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 2/8105 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetliaht Aareement for Saaeland Subdivision. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agraement for Sageland Subdivision and authorize the Mayor to sign and City Clerk to attest. ->t 2) Assessment Aareement for Boise Meridian RV Resort. Typical Assessment Agreement. Recommended Council Action: Approve the Assessment Agreement for Boise Meridian RV Resort and authorize the Mayor to sign and City Clerk to attest. This agreement will allow us to re-evaluate the assessments calculated after a period of 36 months of full service. Thank you for your consideration. . Page 1 AGREEMENT FOR SEWERIW ATER ASSESSMENT Boise Meridian R V Resort 184 W. Pennwood Street - This Agreement made and entered into this2J#'day of ..1h-l Ul1rlf .2005, by and between the CITY OF :MERIDIAN, a municipal corporation of the State of~er referred to as CITY, and Boise Meridian RV Resort LLC, hereafter referred to as APPLICANT) their heirs, successors. assigns and personal representative. WITNESSETH: WHEREAS) The following assessments are calculated by the City based upon information supplied to the City by the Applicant andlor historical information on record for a similar facility andlor established in the Cityts Ordinances for the proposed type offacility. Sewer (ERU) Sewer Assessment per (ERU) Sewer Assessment Total Sewer Latecomers Fee per (ERU) Latecomers Fee Total Water (ERU) Domestic / Landscaping Water Assessment per (ERU) Water Assessment Total Water Latecomers Fee per (ERU) Water Latecomers Fee Total * (ERU) Equivalent Residential Units 56 $1,580 $88,480.00 o o 56/18.35 $704 $52,342.40 o o NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I. The above recitals are contractual and binding on the parties 2. Both parties to this agreement acknowledge that the above assessments were detennined from the infonnation referenced in the first recital, and not actual metered flows, and that the assessments for the proposed facility will be re-evaluated after a period of thirty-six (36) months of full service, final occupancy, to detennine if adjustments are warranted. The City shall refund any overpayment of assessments resulting from the re-evaluation, or the Applicant shall be responsible for, and shall pay within forty-five (45) days the shortage of payment resulting from the re-evaluation. **Please return this agreement with original signatures, photocopies are not acceptable** Boise Meridian RV Resort LLC ASSESSMENT AGREEMENT Page 2 BOISE MERIDIAN RV RESORT LLe ~~ C ~___ Manager ~~ Secretary CITY OF MERIDIAN Tammy de Woord, Mayor Wtlliam G. Berg, Jr., City Clerk Boise Meridian R V Resort LLC ASSESSMENT AGREEMENT Page 3 STATE OF IDAHO, : 58_ County of Ada, ) On this ..c2$!!..1iay of ..,-\tlVUtl.llV'Y .2005, before me, the undersigned, a Not8l1A Public in and for the State ofIdaho, personally appeared, 1\ AltON roeK and . known Of identified to me (Of proved to me on the oath of ), to be the Manager and Secretary of Boise Meridian RV Resort LLC and who subscribed their names to the within instrument and acknowledged to me that they executed the same for said Boise Meridian RV Resort LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .....~"~. ~ ~I ~';;~';,,;; SEAL ..~..:........G :............0.(;.;-;,. f l. ~OTAl?.r.\ '\ i * : -.- i * i \ \ I>UBL\C l : \, ~~ ...0 $ ""~'" ...._.......~ ,l' ~##;; l'Jj OF -rO ~~~~~ STATE OF ID~Q,...),.,'" : 5S. County of Ada, ) ~}~t ~ Notary Public for Idaho Residing at\'IA i D\)li?rDN I:r: DA Ho My Commission Expires Z 4- I 0'0 On this ~day of .2005, before me, the undersigned, a Notary Public in and for the State ofIdaho, personally appeared Tammy de Woord and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at My Commission Expires February 4,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 8,2005 ITEM NO. 5-D REQUEST Water Service Easement for Brent E. Borchers in regards to locust Grove Utility Improvements AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached fOP Mf Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 1/3112005 Re: Proposed Agenda Items for 2/8/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 2/8/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Service Easement for Brent E Borchers in reaards to Locust Grove Utilitv lmorovements. Typical Water Service Easement. Recommended Council Action: Approve the Water Service Easement for Brent E Borchers in regards to Locust Grove Utility Improvements and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER SERVICE EASEMENT THIS lNDENTIJRE, made this _ day of _, 20_between Brent E. Borchers_, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: , WHEREAS, the Grantors desire to provide a water service right-of-way across the premises and property hereinafter particularly bounded and" described; and WHEREAS, the water service is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water service over and across the following described property: (SEE ATTACHED EXHlBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of~ way apd easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNES S WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first. herein above written. GRANTOR: 6Q-~ STATE OF IDAHO) ) ss County of Ada ) On Uris _~_L_ day O~\~~ ~ ' 2C05 before me, ihe undersigned, a Notary Public in arid for said State, person appeare ~rent E. Borchers, known or identified to me to be the property owner that executed the wit:h.iu instrument. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~~~..~~';:~~~~~~~.. ~ # ~> eOm~Ii)Qt>a 0;.;,1;: '",;\ \ II ~ f'\ ~ $ ~~~oo <I&fJoo/"\ AJt -' v\ - \. ~ \)..It.--J~ (SEAL) f l \.~OT Al( r o~1: ~1 N TARY P~LIC FOR IDAHd ;] * : =.= ~ '" ~ Residing at Ii'\:}\-\J(~,.o, ;; ~ ~ \'\ (\ \~~:Ei:?'1:~?~/ Comnlission Exprres (\ - - GRANTEE: CITY OF MERIDIAN Tammy dve Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, : ss. County of Ada On this _day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: EXHIBIT A EASEMENT DESCRIPTION FOR BRENT E. BORCHERS WATER SERVICE EASEMENT An easement for water service purposes located in the NW lf4 of the SW lf4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more pmiicularly described as follows:' Commencing at a brass cap monument marking the northeasterly corner of said NE 1;4 of the SE lf4 from which an aluminum cap monument marking the southwesterly corner of the SW 1;4 of said Section 17 bears S 0030'32" W a distance of2659.49 feet; Thence S 0030'32" W along the westerly boundm-y of said NW 14 of the SW 1;4 a distance of 56.26 feet to a point; Thence leaving said westerly boundm'y S 89029'28" E a distm1ce of 48.00 feet to the POINT OF BEGINNING; Thence continuing S 89029'28" E a distance of 5.00 feet to a point; Thence S 0030'32" Wa distance of 10.00 feet to a point; Thence N 89029'28" W a distm1ce of 5.00 feet to a point; Thence N 0030'32' E a distance of 10.00 feet to the POINT OF BEGINNING; TIns parcel contains 0.001 acres (50 sq. ft.) m1d is subject to any other easements existing or in use. Prepared by: GleIm K. Be1ll1ett, PLS Civil Survey Consultants, Incorporated November 10, 2004 EXHIBIT B WATER SERVICE EASEMENT LOCA TED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 1B, TOWNSHIP 3 NORTH. RANGE 1 EAST. BOISE MERIDIAN. ADA COUNTY, IDAHO. LOCUST GRO VE ROAD UTILITY IMPROVEMENTS EASEMENT GRANTOR: BRENT E. BORCHERS ADDRESS: 820 S. LOCUS?, GROVE ROAD MERIDIAN, ID 83642 ~5 lJi February 4, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 8, 2005 ITEM NO. 5-E REQUEST Approve Liquor License for Eddy's - 501 South Main Street AGENCY COMMENTS CITY CLERK: See aHached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: V16'06 ~l)L ~ 0ru1t Jul' r Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Message .Page 1 or 1 From: John Overton [overtonj@meridiancity.org] Sent: Friday, February 04,20054:05 PM To: Will Berg; Tara Green Cc: BlII Musser Subject: Consent agenda Will or Tara, I have a request to pull an item off of the consent agenda (for February 8th) and put it in our police department department report in the regular council session. It involves the liquor license for Eddy's located at 501 S. Main St. It is a licensed establishment going to be placed inside another already licensed establishment "Mugsy's". Thanks, any questions let me know. John A. Overton -- Captain Meridian Police Department 1401 E. Watertower St. Meridian, ID 83642 overtonj@meridiancitv.org 1-208-846-7370 1-208-846-7366 (fax) httR://www.meridiancitv.ora 2 - tJ- () 5 C/?/ra/h JohV'} tJVu~ fuu rl-t IALJ.f ~tl -I--Jia::t; -I'nJr ; ~ 4. 5 - F 6-e-- hvlre.e. 00 70 ri6 r- t-t-tl.- 1-1 /5"!1:- ~ ~~ . ~s d/~ February 4,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 8,2005 ITEM NO. 5~F REQUEST Black Cat Trunk Sewer and Lift Station Project Addendum No.3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DE?T: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ rfO~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Woms DeAt. Memo FEB -3 2005 City of Meridian City Clerk Omc~ To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director Date: 2/3/2005 Re: Proposed Agenda Item for February 8,2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 8 City Council agenda, under Consent Agenda, for Council's consideration: Black Cat Trunk Sewer and Lift Station Proiect Addendum No.3. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for this design project. They propose to complete the work for $56,291. This is an extension of the agreement between the City of Meridian and JUB Engineers, Inc. approved by City Council on the 28th of January, 2003 for the Black Cat Trunk Sewer and Lift Station Project. This project consists of bidding and award services and limited construction assistance services for the Black Cat Pressure Sewer between Ustick Road and the WWTP, Black Cat Trunk Sewer Phase 1, Black Cat Lift Station and the Franklin Road Waterline Improvements. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Black Cat Trunk Sewer and Lift Station Project Addendum No.3 with JUB Engineers, Inc. for $56,291 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 ~ (J.~ ( J..U-B ENGINEERS, Inc. 250 S. Beechwood Avenue, Suite 201 . Boise, Idaho 83709-0944 . Telephone (208) 376-7330 . FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - NO.3 CLIENT: CITY OF MERIDIAN BLACK CAT LIFT STATION AND TRUNK SEWER PROJECT NAME: J-U-B Project Number: 11873 The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project approved bv City Council on Januarv 28 2003. Additional Services: As described in Attachments "A-1" J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a Name n/a Date Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: As outlined in Attachments "A-1" Dated this _ day of 200~. CITY OF MERIDIAN Print or Type Client Name J-U-B ENGINEERS, Inc. By: Client or Representative Signature By: Tammv de Weerd Mavor Print or Type Name and Title Tim Haener P.E. for Phillip H. Krichbaum r.E. - Proiect Manaaer Print or Type Name and Title Attest: William G. Berg, Jr., City Clerk Black Cat Uft Station &- Trunk Sewer - Authorization for Additional Services No.3 Page 1 J-U-B ENGINEERS, Inc. Attachment 'A-1' - 11873 CITY OF MERIDIAN - BLACK CAT TRUNK SEWER AND LIFT STATION AUTHORIZATION FOR ADDITIONAL SERVICES NO.3, ATTACHMENT "A-1" J-U-B ENGINEERS, Inc., Project No. 11873 BID. AWARD. AND CONSTRUCTION ASSISTANCE SERVICES SECTION 1 - PROJECT UNDERSTANDING Overview The City intends to amend the original professional services agreement to include bidding and award services, and limited construction assistance services. Development of the fee estimate is based on the following phasing of the project. 1. Black Cat Pressure Sewer - Phase 2: Private property portion of the pressure sewer between Ustick Road and the WWTP. 2. Black Cat Trunk Sewer - Phase 1: Black Cat trunk sewer from the lift station to Franklin Road. This will entail a joint project with ACHD for restoration of Black Cat Road. 3. Black Cat Lift Station: Construction of the lift station. 4. Franklin waterline improvements between Ten Mile and Franklin Roads. SECTION 2 - CITY RESPONSIBILITIES The following additional items are to be provided by the City without cost to J-U-B. · Pay for all legal advertisement for bids. · City will serve as the construction engineer and Resident Project Representative (RPR). Roles of the Engineer and RPR during construction shall be defined in ISPWC Division 100, Standard General Conditions, and City's Standard Supplementary Conditions to the General Conditions. · J-U-B's role in the bidding and construction shall be in accordance with the ISPWC General Conditions as the Engineer's Consultant and J-U-B shall be afforded the same protections as the Engineer under said document. · As Engineer and RPR on the project, the City of Meridian shall perform duties as delineated in the ISPWC General Conditions and shall notify J-U-B prior to any modifications to the design furnished by J-U-B so we may have input on issues required by the modification. Black Cat Lift Station & Trunk Sewer - Authorization for Additional Services No.3 Page 1 . J-U.B ENGINEERS, Inc. Attachment 'A-f' - 11873 SECTION 3 - SCOPE OF ADDITIONAL SERVICES TO BE COMPLETED Services to be Performed bv J-U-B: J-U-B shall furnish services specifically limited to the following on a time and materials basis at an assumed level of effort depicted on Attachment B and described herein. The fee estimate is based on the assumed phasing described in Section 1. The anticipated tasks for each of the phased projects is described below. TASK 1 - BID AND AWARD SERVICES A. Bidding: Publishing:. and Administration J-U-B will provide 15 sets of the contract documents required for bidding purposes. Plans and contract documents will be distributed through J-U-B's Boise office. J-U-B will provide bid administration services to coordinate the Bid process with the City, prepare addenda when necessary during the Bid process to clarify bidding requirements, and assist in answering bidders' questions. B. Bid Ooening: and Award J-U-B will conduct the bid opening, review bids, prepare a bid abstract, provide recommendation for contract award to City, and prepare necessary contract documents to award the project. TASK 2 - CONSTRUCTION ASSISTANCE SERVICES A. Preconstruction Conference J-U-B will arrange and conduct a pre-construction conferences for the assumed phasing of the project with the contractor, City, ACHD, and affected utilities. B. Construction Staking: J-U-B shall provide one (1) set of construction control stakes in accordance with the approved plans for the trunk sewer, pressure sewer, water main and related structures. The following stakes will be provided: A. Manholes: Three (3) stakes per each manhole consisting of one (1) centerline stake and two (2) offset stakes. Each stake will be marked with the cut/fill to the manhole invert. B. Trunk Sewer; Stake at 100-foot stations beginning at the manholes. At each station, three stakes shall be provided consisting of one (1) pipe centerline stake and two (2) stakes at 30-foot offsets marked with the cut/fill to the pipe invert. Black Cat Lift Station Et Trunk Sewer - Authorization for Additional Services No.3 Page 2 J-U-B ENGINEERS, Inc. Attachment 'A.1' - 11873 c. Pressure Sewer and Water Mains: Stake at 300-foot stations and all angle points beginning at connections. At each station, two (2) offset stakes will be provided. D. Lift Station: Three TBM's near the site. E. The Contractor shall be responsible for laying out all work and protection of the control staking. Restaking will be performed on an additional time and materials basis. C. Construction Assistance J.U-B's project manager and subconsultants will be available during construction on an as-needed basis as requested by the City, such as attending construction meetings, shop drawing reviews, reviewing pay applications, and limited site visits to observe general work progress. For the lift station construction, J-U.B will retain the services of Subconsultants who were involved in the design phase of the lift station to provide supporting consultation during the construction phase of the project. These Subconsultants and their respective hourly fees are summarized below: Geotechnical - Strata: Senior/Staff Engineer $95 to $65/hr Architectural - Houston+Bw2atsch Architects: Principal/Intern Architect $ 85 to $55/hr Electrical - Joe HumDhrev P.E. Professional Electrical Engineer $75 to $85/hr SECTION 4 - FEE SCHEDULE Basis of Fee and Billiml. Schedule The CITY shall pay J-U-B for its services and reimbursable expenses as follows: · Bid and Award Services: (Task 1 Items on a Time and Material Basis) Increase budget an additional $8,021 (from Addendum No.1, $4,165) ................ $12,186 · Construction Services: (Task 2 Items on a Time and Material Basis) Increase budget ( From $21,403 per Addendum No.1) ..................................... $69,673 The basis for calculation of fees is presented in Attachment "B-1". Black Cat Uft Station &: Trunk Sewer - Authorization for Additional Services No.3 Page 3 I ro Jill ro LI ~ ~ ~ d ff. fi j fl frt ~Ii ~ ~ ~ ~ ~ g i~ ~f ; i~ ~ ~ ~ ~ ~rO!([)! !l .f Ii I di f HI! .'~ic ~:l: :l: ~ Q ~ ~ 1m Q ~)>o Q 11 CQ [m g ~ ~ ~ ~ I~I~I~I~I ~11:I!Jf I ~ I:~il r~ilt! III ~ lUll II1I JIIIII ~~~ ~ IIIII I~ ~ ~ 1 I1II11 0 I I" ~ e ~ ~ IJ11~IIIJ~JJ II ~I : IIIIII i o 1I1I /I I 0 I I ~ I~LLU III 1 I ~ ~ ~ I ~ ~I~I ~ J w I II 111~U 0 1 III I II 11 ~ ~ 0 II I J I II I il ~1~I~f; I~~~~I~I I~I~I~~I I ~ Inl I~I~I~I I U~ ~ II~II "1111 II II ~ III ~III ~ II~III 1I1III 11II1 0 II 1III ~ II~III I1II1I 1IIII g I" IIII i 1~1~1~1~11~1~I~f~~II~I~I~I~11 ~ 1~1~lltf~f~1 February 4, 2005 MERIDIAN CITY COUNCIL MEETING February 8, 2005 APPLICANT ITEM NO. 5.G REQUEST Award of Bid for Centrate Equalization Project to RSCI AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of MeridJan. CitY of Meridian Public Works DeRt. Memo FEB - 3 2005 City of Meridian City Clerk Office To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 02/03/2005 Re: Proposed Agenda Item for February 8, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 8 City Council agenda, under Consent Agenda, for Council's consideration: Centrate Eaualization Proiect. Five bids were received for this project as summarized below and detailed in the attached spreadsheet: RSCI Performance Systems, Inc Challenger Companies, Inc Guho Corporation ICON Corporation $474,065 $481 ,302 $494,612 $548,000 $559,000 The project consists of construction of cast-in-place concrete centrate pump station, with two new (Moyno) progressive cavity pumps, including electrical and controls, and a bolted steel centrate equalization tank with aluminum dome cover, submersible mixer, miscellaneous equipment, appurtenances, electrical and controls. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Centrate Equalization Project with RSCI for $474,065 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . 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(f)::. c ;:s ~ 'tJ iii February 4, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 8, 2005 ITEM NO. 5-H REQUEST Resolution - Approving Addendum No.2 to an Agreement by and between the Ciiy of Boise City (Legal Department) and the City of Meridian to Extend Prosecutorial and Police Legal Advisor Services to Meridian AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDJAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Resolution {~ arrV 4'74 &()/ Contacted: EmaUed: Date: Staff Initials: Phone: MaterIals presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. &5- 4-39 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION APPROVINGADDENDUM NO.2 TO AN AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN AND THE CITY OF BOISE (LEGAL DEPARTMENT) TO EXTEND PROSECUTORIAL AND POLICE LEGAL ADVISOR SERVICES TO MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID ADDENDUM NO.2 ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 1, 2002, the City of Meridian and the City of Boise entered into an agreement for Boise City Legal Department to provide prosecutorial and police legal advisor services to the City of Meridian; and WHEREAS, the City of Meridian and the City of Boise have agreed to an extension and modification to the terms of the original agreement as set forth in the attached Addendum No.2, marked as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section!. That Addendum No.2 to the agreement by and between the City of Meridian and the City of Boise is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk are hereby authorized to respectively execute and attest said Addendum No.2 for and on behalf ofthe City of Meridian. Section 3. That this Resolution shall be in full force and effect i111111ediately upon its adoption and approval. ADOPTED by the City COlmcil of Meridian, Idaho this g~ day of F.e6rVt.J~"rJ ,2005. APPROVED by the Mayor of the City of Meridian, Idaho, this gfA. day of Fe6ru/Vl.,:J ,2005. RESOLUTION APPROVING ADDENDUM NO.2 TO AN AGREEMENT TO EXTEND PROSECUTORlAL AND POLICE ADVISOR SERVICES Page 1 of2 APPROVED: ~~ ATTEST: ~-,6-r~1 9-( . CITY CLERK ' ; ~ ~, ;.'''.<: RESOLUTION APPROVING ADDENDUM NO.2 TO AN AGREEMENT TO EXTEND PROSECUTORIAL AND POLICE ADVISOR SERVICES Page 2 of2 EXHIBIT "A" ADDENDUM NO.2 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1,2002 The following is an addendum to that celiain Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian, a municipal corporation organized and existing by viliue of the laws of the State of Idaho (hereinafter referred to as "Meridian"), and the City of Boise, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "Boise"), specifically to the sections peliaining to 4.1, 4.1.2, and 4.2 Payment for Services, which are subsequent to entering into the original Agreement for City Attorney/Civil Legal Services dated November 1, 2002. The paliies hereto agree as follows: 1. Pursuant to the Payment For Services under Section 4.1 of the original Agreement, Section 4.1 is modified to read as follows: 4.1 As compensation for all Primary Legal Services, including all out-of- pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of fOUlieen thousand, three hundred seventy and 00/100ths dollars ($14,370) per month, with the arumaI total cost of$172,440. 2. Pursuant to the Payment For Services under Section 4.1.2 of the original Agreement, Section 4.1.2 is hereby deleted, since Meridian has chosen to opt out of the JAIBG program. 3. Pursuant to the Payment For Services under Section 4.2 of the original Agreement, Section 4.2 is modified to read as follows; 4.2 Compensation for on-call victim/witness services performed by Boise at the request of Meridian shall be paid at the rate of $52.00 per hour for services perforn1ed by Boise's victim/witness coordinators (who shall be available 24 hours a day, 7 days a week, and who shall also provide follow-up for all violent misdemeanor crimes), plus reimbursement for mileage to and from the Boise City victim/witness coordinator office, to and from the crime scene, victims' locations, or court, in the amount of Boise's applicable mileage rate ($0.0365 per mile as of December 6, 2004). Meridian Addendum NO.2 Page 1 4. Pursuant to Insurance under Section 7 of the original Agreement, Section 7 is modified to read as follows: Professional liability (enol's and omissions) *First $400,000 is self-insured $5,000,000* 5. Pursuant to Indemnification under Section 8 ofthe original Agreement, Section 8 is modified to read as follows: INDEMNIFICATION AND HOLD HARMLESS. Boise shall defend, indemnify, and hold Meridian and its officers, agents, and employees harmless from any and all claims, demands, liability, losses, damages, costs, or expenses, including attorney fees, which may be brought, claimed, or pursued against Meridian arising out of any negligent, willful, or otherwise wrongful act or omission of Boise or its officers, agents, and employees. Meridian shall defend, indemnify, and hold Boise and its officers, agents, and employees harmless from any and all claims, demands, liability, losses, damages, costs, or expenses, including attorney fees, which may be brought, claimed, or pursued against Boise arising out of any negligent, willful, or otherwise wrongful act or omission of Meridian or its officers, agents, and employees. 6. Pursuant to Possible Extension of Tenn of Agreement under Section 9 of the original Agreement, Section 9 is modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties have mutually agreed to renew or extend the term of this Agreement automatically with the details to be specified in writing within 30 days of the end of the last contract renewal. If Meridian intends to terminate the contract at the end of the contract period, they will provide Boise with a 60-day written notice. 7. Pursuant to Termination under Section 10 of the original Agreement, Section 10 is modified to read as follows: TERMINATION. This agreement may be terminated upon mutual agreement of the palties. In addition, both parties shall have the right to tenninate the agreement upon a 60-day written notice to the other party. In the event ofa termination, Meridian shall remain responsible to pay Boise for all services provided through the date oftennination pursuant to the tenns of this Agreement. 8. Except as modified by this Addendum No.2, the original Agreement For City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, is hereby ratified and confinued. Meridian Addendum No.2 Page 2 IT IS SO AGREED. IN WITNESS WHEREOF, the pmiies have executed this Addendum No.2 on this ~ day of T~nn"'ry , 200>>. 5 MERIDIAN: CITY OF MERIDIAN ATTEST: BOISE: CITY OF BOISE ATTEST: Meridian Addendum No.2 Page 3 STATE OF IDAHO ss: County of Ada, On this ~ day of --J-ehiJ..uilY ,~&f. before me, a Notary Public, personally appeared Tammy de WeeI'd and WilH-am G. Berg, Jr., known or identified to me to be the persons whose names are subscribed to the within and foregoing instmment as the Mayor and City Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. IN WITNESS above written. (SEAL) ~ / \ ~ . ;( \~(t1UU./. <::J:,~ Notary Public for Idaho Resi~ing at: fJ1fr/tlli!f1. ~y/toml11ission Expires: ~ STATE OF IDAHO ss: County of Ada, 5 On this ~ day of January ,20M, before me, a Notary Public, personally appeared David Bieter and Annette P. Mooney, known or identified to me to be the persons whose names are subscribed to the within and foregoing instmment as the Mayor and City Clerk, respectively, of the City of Boise, and who aclmowledged to me that they executed the same for the City of Boise. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above wTitten. ',' . '\ 0 ! , IU,/\)LJ, 'C\DUJ\I\"A/~/ Notary Public(fqr Idaho Residing at: \CaTI-dwell. Idaho My Commission-Expires: 6-14-05 Meridian Addendum No.2 Page 4 February 4,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 8, 2005 ITEM NO. 5-1 REQUEST Resolution - Adopting Dog Adoption Policy as part of the City of Meridian Police Department Policy and Procedure Manual AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DE?T: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Resolution ~I(t Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. To complete the North Slough Sewer Trunk this line item transfer is necessary. Table 2 on the attached spreadsheet documents the status of the budget and expected cost estimates. Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfer for the North Slough Sewer Trunk. Centrate Basin Construction. The Public Works Department would like to request a line item transfer for the Centrate Basin from the WWTP Plant Expansion budget line item number 96170. 96159 - Centrate Basin Construction $150,000 To complete the Centrate Basin Construction this line item transfer is necessary. Table 3 on the attached spreadsheet documents the status of the budget and expected cost estimates. Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfer for the Centrate Basin Construction. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. e Page 2 Table 1 - Black Cat Proiect Budqet Status Project Cost Estimate Remaining Budget Remaininq Budqet $5,321,300 FY 2005 Proiects Enqineer's Desion Fees $225,000 $5,096,300 Construction Mqmt Fees $150,000 $4,946,300 Phase 1 Trunk Sewer $3,014,000 $1,932,300 Lift Station $2,693,250 ($761,700) Plant Pressure Sewer $400,000 ($1,161,700) Future Proiects 10 Mile Diversion Trunk $1,650,000 $2,811,700 Phase 2 Trunk $1,250,000 $4,061,700 Easements $250,000 $4,311,700 Continoencv (5%) $220,000 $4,531,700 Budaet Transfer 1/18/05 $1,000,000 $3,531,700 Future Budaet Shortfall $3,531,700 $30,000 $28,000 $1,150,000 $170,000 Table 3 - Centrate Basin Construction Bud et Status Project Cost Estimate Remaining Budget Remainin Bud et $464,325 En ineer's Desi nf Fees $50,000 $414,325 Construction M mt Fees $36,000 $378,325 Construction Cost Estimate $510,000 $135,000 Budget Shortfall $150,000 e Page 3 February 4, 2005 MERIDIAN CITY COUNCIL MEETING February 8, 2005 APPLICANT ITEM NO. 5-K REQUEST North Slough Sewer Trunk AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ~vJl ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeHngs shall become property of the City of Meridian. City of Meridian Public Wol"I(s Dept. FEB - 3 2005 city of Meridi~n city Clerk OffIce Mem To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 02103/2005 Re: Proposed Agenda Item for February 8, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 8 City Council Agenda, under Consent Agenda, for Council's consideration: Black Cat Trunk and Lift Station. The Public Works Department would like to request two line item transfers for the Black Cat Trunk and Lift Station projects from the WWTP Plant Expansion budget line item number 96170. 96162 - Blackcat Trunk and Lift Station 96163 - Black Cat Lift Station $3,370,000 $175,000 To complete the Black Cat Trunk Sewer Phase 1, Black Cat Lift Station and plant pressure sewer $1,000,000 was transferred from the WWTP Plant Expansion budget at the City Council meeting on January 18,2005. The Phase 2 Trunk and Ten Mile Diversion Trunk are planned for construction in fiscal year 2006. Another budget revision of $3,545,000 will be required in order to construct these lines. Table 1 on the attached spreadsheet documents the current and future status of the budget and expected cost estimates for the projects. Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfers for the Black Cat Trunk and Lift Station. North Slouah Sewer Trunk. The Public Works Department would like to request a line item transfer for the North Slough Sewer Trunk from the WWTP Plant Expansion budget line item number 96170. 96165 - N Slough Sewer Trunk $500,000 . Page 1 To complete the North Slough Sewer Trunk this line item transfer is necessary. Table 2 on the attached spreadsheet documents the status of the budget and expected cost estimates. Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfer for the North Slough Sewer Trunk. Centrate Basin Construction. The Public Works Department would like to request a line item transfer for the Centrate Basin from the WWTP Plant Expansion budget line item number 96170. 96159 - Centrate Basin Construction $150,000 To complete the Centrate Basin Construction this line item transfer is necessary. Table 3 on the attached spreadsheet documents the status of the budget and expected cost estimates. Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfer for the Centrate Basin Construction. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 Table 1- Black Cat Proiect Budget Status Project Cost Estimate Remaining Budget RemaininQ Budget $5,321,300 FY 2005 Proiects EnQineer's Design Fees $225,000 $5,096,300 Construction Mqmt Fees $150,000 $4,946,300 Phase 1 Trunk Sewer $3,014,000 $1,932,300 Lift Station $2,693,250 ($761,700) Plant Pressure Sewer $400,000 $1,161,700 Future Projects 10 Mile Diversion Trunk $1,650,000 $2,811,700 Phase 2 Trunk $1,250,000 $4,061,700 Easements $250,000 $4,311,700 Continoency (5%) $220,000 $4,531,700 BudQet Transfer 1/18/05 $1,000,000 $3,531,700) Future Budqet Shortfall $3,531,700 $50,000 $36,000 $510,000 . Page 3 Department Reports February 4, 2005 MERIDIAN CITY COUNCIL MEETING February 8, 2005 APPLICANT Finance Department -- Stacy Kilchenmann REQUEST Payoff of existing Latecomer Agreements ITEM NO. 6-A-l AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~vU Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs. :lhall become property of the City of Meridian. .Page 1 ot 1 Will Berg From: Stacy Kilchenmann Sent: Wednesday, February 02,200512:56 PM To: Tara Green; Will Berg; Tammy de Weerd; 'wardles@meridiancity.org' Cc: 'rountrec@meridiancity.org'; Bill Nary; 'watsonb@meridiancity.org' Subject: Feb 8 Agenda Item Would it be possible for Brad and me to have 3 minutes to talk about paying off the old existing latecomers agreements? lime is rather of the essence since we now have the new reimbursement agreements and the old latecomer's agreements. If we continue to collect the latecomer fee we will be double-charging we now have a reimbursement fee build into the assessment fee. We have the money to do the pay-off in the latecomers fund, fund 62. 2/2/2005 CITY OF MERIDIAN LATECOMERS AGREEMENT PA Y ~OFF LATECOMERS # Name on A reement 1 Skyline 2 CITYrren Mile 5 CITY/Cherry Lane Development 8 Voigt Summerfield 9 StorMorrrvSaptist 10 Nelson McAlvain 13 Ashford Greens 16 CITYlPackard Sub 17 Voigt 184 Crossing 19 CITYlUstick Waterline 1,108.00 20 CITY/Smile Trunk 1,919.02 per acre 21 Holiday Inn Express 3,043.93 per acre 22 Vienna Woods 1,053.78 674.40 per acre 24 CITYlBlackcat Trunk 1,500.00 26 Sundance Smile 824.64 1,098.29 1,098,793.02 27 Baldwin Waterline 360.33 60,540.57 28 FarwestTenMilesewer 74.78 151,215.39 29 Farwest Underwater 441.76 134,718.56 30 Baldwin Sewerllne 379.17 45,381.28 31 Capital Dev Well20pN 98.45 44,428.88 32 Debgar waterline 254.12 54,127.10 33 LochsaFalls TenMile water 347.91 98,177.82 34 LochsaFalls Sewer Cross Site 143.25 312.165.17 TOTAL to payoff Developers of Latecomer Agreements as of 12/31/2004 2,527,843.62 InterestthatWasaccriiedioif913012004 550.28 2,693.13 2,505.39 298.48 103,890.35 11,655.94 60,519.14 2,312.84 per acre per acre 825.77 366.99 111,786.27 9,371.39 187,920.33 99,379.25 80,576.29 5,267.68 818.33 2,610.53 64.39 3,546.31 231,371.36 509,654.08 49.70 7,080.50 57,333.52 3,605.95 7,530.77 5,961.84 2,726.95 2,577.92 3,063.80 5,078.16 16,168.70 $920,980.97 Cash in the Latecomer fund available for payoff $ 4,469,480.72 $124;891;88 note: The payoff amount includes any accrued interest up thru 9/3012004 for each developer 21212005 latecomerpayoff.x1s 0E ~: -0 o ca 1.0 0> NN meD I'""-J"o- M 1.0 aio 0> 00 (") ..."lt~ o CdO ~CO q) N "lt~ :5.2"- ~~~~ ~ ~~~ct ~ r.O N c<i 00 ~E~ Q.CI:loo ~:s~ a; ca c IOvVV MO>..-oo cilllmC\i 0> 10 ..- ..... 00<010(<) (")''''':0N' ~..-<O ~ ~ lii lii a. 0. 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Q) J: !- ~ m c .c w m o ~ Department Reports February 4,2005 MERIDIAN CITY COUNCIL MEETING February 8, 2005 APPUCANT A Horney -- Bill Nary REQUEST Discussion of Vicious Dog Ordinance ITEM NO. 6-8-1 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached #5()A}~ Contacted: Emailed: Date: Staff Initials: Phone: Material$ presented at public meetings shall become property of the City of Meridian. Department Reports February 4,2005 MERIDIAN CITY COUNCIL MEETING February 8, 2005 APPLICANT Planning and Zoning Dept - Steve Siddoway REQUEST West 8th Street Sidewalk Improvements ITEM NO. 6-C-l AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OfFICE: OTHER: COMMENTS ~vU Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. CITY OF MERIDIAN Planning & Zoning Memo 2005 To: Mayor and City Council From: steve Siddoway City of Meridian Transportation Coordinator Date: February 8, 2004 Rs Department Report Items Attached are two draft letters for Council's consideration. ..-- 11'"") The first is regarding the proposed sidewalk. project along W. 8th Street. '-?' The second is regarding support for the Western Heritage Historic Byway's effort to gain national Scenic Byway status. I will cover each of these issues during my Department Report this evening. ~;;dlan ~\ ~.. ID^"~ } '"" q<\~"" "~/ . "tkTRE_\SliHEVN~ SHjCE I 1903 RECEIVED FEB ... 8 2005 en, ofMerldian CitY Clerk Office MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 Public Works 660 E. Water tower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/ fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 February 8, 2005 John Franden, President Ada County Highway District Commission 318 East 37th Street Garden City, ill 83714 RE: W. 8th Street Sidewalks Dear 1vfr. Franden: The City of Meridian pledges support for the proposed sidewalk project along W. 8th Street, adjacent to Meridian Middle School. Last fall, we prioritized the sidewalk project requests from the City of Meridian. W. 8th Street was deemed to be our top sidewalk project request. We are pleased that the project was also ranked by ACHD in the top five projects county-wide. Since then, ACHD staff has worked with City of Meridian staff to expand the original project description to build new sidewalks along both sides of the street, improve the mid-block crosswalk, and rebuild the connection to the micropath between W. 7th Street and W. 8th Street. This project will provide a significant safety benefit for schoolchildren walking to and from school every day, as well as enhance the surrounding neighborhood. In order to accomplish this project, we understand that ACHD has initiated an application for $325,000 of federal Transportation Enhancement Program funds. If successful, this application will require $25,000 of local matching funds. We understand that a portion of the required improvements will occur outside of ACHD' s right-of-way to improve the rnicropath connection. Therefore, we offer $5,000 of City funds as our portion of the local match for the improvements outside of the right-of-way. We hope that through this partnership we can make a long-needed safety improvement for the many children who walk in this area every day. tirrer;!il?rv -- 20)0 tAf1-o lr5;ooo~o~ CITY HALL 33 EAST IDAHO AVENUE !vIERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-F.\X 888-4218 HDI.\:'-; RESOliRCES -F.\X 884-8723 FI:'-;{\:'-;CE 8< l'TILlTY BILLI\:G-E\X 887.481 3 ~I.\YOR'S OFFICE- E\X 884.81] 9 Sincerely, Tammy de Weerd, Mayor City of Meridian Shaun Wardle, President City Council Charlie Rountree City Council Keith Bird, Vice President City Council Christine Donnell City Council MERIDIAN CITY COUNCIL MEETING Ii? 6 r k t:I/l-:J ; 2C?o!? APPLICANT jJ ~ 2 ~+ . ITEM NO. 6-c- z-- REQUEST /fig ~ '.-e1/fll u II/:rhrr/'c...-;$ tutt1 (J V AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGA nON: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS ~I/V Contacted: Emaifed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo 2005 To: Mayor and City Council City Of Meridian City Clerk Office From: Steve Siddoway City of Meridian Transportation Coordinator Date: February 8, 2004 Re: Department Report Items Attached are two draft letters for Council's consideration. h The first is regarding the proposed sidewalk project along W. 8th Street. --- \.3) The second is regarding support for the Western Heritage Historic Byway's effort to gain national Scenic Byway status. I will cover each of these issues during my Department Report this evening. ~p /C1TYOF ... ..~ \..-/VI erldialt j; '\ ~.. ]DAH~} '~.q':\~""t'"" T"E.\SlIRE v.~.~ ~ l-rt~[8~ RECEIVED FEB - 8 2005 ~ofMeridian City Clerk Office MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Water tower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 February 8,2005 Earl Maggard, Chairman Western Heritage Foundation, Inc. PO Box 84 Kuna, Idaho 83634 RE: Western Heritage Historic Byway Dear Mr. Maggard: The City of Meridian is pleased to support your request for the Western Heritage Historic Byway to receive national Scenic Byway status. We are grateful for the efforts of the Western Heritage Foundation in preparing the Corridor Management Plan for the byway and congratulate you for your successful bid for State Byway status last year. We appreciate being represented in the formation of the plan and recognize that the City of Meridian is an important gateway for the byway. We expect that national Scenic Byway designation will aid implementation of the Corridor Management Plan, thus protecting the corridor's many unique cultural, historical, and scenic resources and enhancing tourism opportunities for the traveling public. This will bring economic benefits to surrounding communities, including Meridian, and will preserve these precious resources for generations to come. Please add our voices to the many others in support of the national Scenic Byway designation. Sincerely, Tammy de Weerd, Mayor City of Meridian CITY HA.LL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-F.-\X 888-4218 HDI,\i'\ RESOL:RCES-I~\X 884-8723 FI;'\.\;,\CE & UTILITY BJLLI:\G-I~\X 887-48]3 ~I;\YOR'S OFFICE-F.\X 884-81J9 Shaun Wardle, President City Council Charlie Rountree City Council Keith Bird, Vice President City Council Christine Donnell City Council February 4, 2005 MERIDIAN CITY COUNCIL MEETING February 8, 2005 APPLICANT ITEM NO. 5-L REQUEST Centrate Basin Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER OEPT: ~~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. FEB - 3 2005 City of Meridi~n City Clerk OffIce To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer cc: Brad Watson, Public Works Director Date: 02/03/2005 Re: Proposed Agenda Item for February 8, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 8 City Council Agenda, under Consent Agenda, for Council's consideration: Black Cat Trunk and Lift Station. The Public Works Department would like to request two line item transfers for the Black Cat Trunk and Lift Station projects from the WWTP Plant Expansion budget line item number 96170. 96162 - Blackcat Trunk and Lift Station 96163 - Black Cat Lift Station $3,370,000 $175,000 To complete the Black Cat Trunk Sewer Phase 1, Black Cat Lift Station and plant pressure sewer $1,000,000 was transferred from the WWTP Plant Expansion budget at the City Council meeting on January 18, 2005. The Phase 2 Trunk and Ten Mile Diversion Trunk are planned for construction in fiscal year 2006. Another budget revision of $3,545,000 will be required in order to construct these lines. Table 1 on the attached spreadsheet documents the current and future status of the budget and expected cost estimates for the projects. Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfers for the Black Cat Trunk and Lift Station. North Slouah Sewer Trunk. The Public Works Department would like to request a line item transfer for the North Slough Sewer Trunk from the WWTP Plant Expansion budget line item number 96170. 96165 - N Slough Sewer Trunk $500,000 e Page 1 To complete the North Slough Sewer Trunk this line item transfer is necessary. Table 2 on the attached spreadsheet documents the status of the budget and expected cost estimates. Recommended Council Action: The Public Works Department recommends that City Councif approves the line item transfer for the North Slough Sewer Trunk. Centrate Basin Construction. The Public Works Department would like to request a line item transfer for the Centrate Basin from the WWTP Plant Expansion budget line item number 96170. 96159 - Centrate Basin Construction $150,000 To complete the Centrate Basin Construction this line item transfer is necessary. Table 3 on the attached spreadsheet documents the status of the budget and expected cost estimates. Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfer for the Centrate Basin Construction. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. e Page 2 Table 1 - Black Cat Project Budget Status Project Cost Estimate Remaining Budget Remainina Budget $5,321,300 FY 2005 Projects Engineer's Design Fees $225,000 $5,096,300 Construction Mgmt Fees $150,000 $4,946,300 Phase 1 Trunk Sewer $3,014,000 $1,932,300 Lift Station $2,693,250 ($761,700) Plant Pressure Sewer $400,000 ($1,161,700) Future Proiects 10 Mile Diversion Trunk $1,650,000 $2,811,700) Phase 2 Trunk $1,250,000 $4,061,700) Easements $250,000 $4,311,700) Continaencv (5%) $220,000 $4,531,700) Budget Transfer 1/18/05 $1,000,000 $3,531,700T Future Budaet Shortfall $3,531,700) . Page 3 February 4, 2005 MERIDIAN CITY COUNCIL MEETING February 8,2005 APPLICANT ITEM NO. 5-M REQUEST Water and Sewer Rate Increase Effective March 20, 2005 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: a~vP MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials pre$ented at public meetings shall become property of the City of Meridian. City of Meridian Public Works DeRt. FEB p 3 2005 Mem City of Meridian City Clerk affic"? To: William Berg, Jr. From: Lenard Grady cc: Brad Watson Date: 2/3/2005 Re: Proposed Agenda Items for February 8, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the February 8 City Council consent agenda: Water and Sewer Rate Increase Effective March 20 2005: The fiscal 2005 Budget shows water and sewer maintenance/administration costs exceed revenues by $770,000. However, over the last 3 years, revenues have exceeded costs by a total of $800,000. The result is that at the end of 2005, we are projected to have a net of only $30,000 ($800,000 - $770,000). With a 3% increase in water and sewer rates, we have a net of approximately $170,000 projected as shown in the attached table. The last rate increase was in July of 2002. The proposed rate increase would be scheduled a follows: February 15 February 20 and March 5 March 20 City Council adopts rate increase resolution Notice of rate increase sent out with the bills Rate increase becomes effective. Recommended Council Action: The Public Works Department recommends that City Council approve the March 2005 Water and Sewer rate increase of 3% and direct staff to draft a resolution accordingly. From the desk of... Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watcrtower, Suite 200 Meridian, [daho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-955 1 gradyl@mcridiancity.org 1.(") ~O 00 ~~ ~ ~ td S ~ ro ~ 1.0 25 N ~ 1.0 Q) Off) o co ~ ~ N C go NZ I.OQ) 00l 0-0 N ::J aJ -q-ro o ::J ~Ji 0"l1.O-q- MI.OO"l ..-0"l0 McON t'-M.,- o co O"l .,f -q-" cO Efi Efi Efi Mro o ::l ~Ji I.OO)-q- NOM t'--q-..- L6 ..-- t'-" Nt'-O"l tD-q-O c<5 .,f CO" Efi Efi Efi Nro o ::J ~Ji .....tDt'- t'-MO Ol.OtD NL6r--" tDCO"," ","-q-O) c<5c<5<S5 Efi Efi ffi L... Q) ~ ~~]j ~ S S ~ Q) f.Y t'- !:: c<5 ~ a g N o -q- c<5 M Efi ~ L6 -q- -q- ~ CONO ~~&5 oL6<S5 ~~~ g;ig COI.OM ..-tDCO tD..-t'- cOocO ","Mt'- MtDO) c<5.,fr--" Efi Efi ffi ..- tD t'- t'-MO MtDO L6r--"c<5 "'"01.0 OtDtD c<5c<5<S5 ffi ffi ffi Q5 10 S Q5 10 ~s o U CO ;; ~ ~" Efi CO ;; c<5 ~ c<5 ~ CO ~ ~ o ~ ro (5 I- ff) Q5 8 ~ I L... Q) ~~~~ ~SSI- Q) 0::: o ~ R ~ 1.0 o cr) N Efi ~ 1.0 o g gf ~ Efi .,-MM I.OtD..- ..-ON N" c<5 L6 MI.OCO ~~~ ~ ~ tD ill..- 01.01.0 .....t'-M ~ ffl ~" N.,-..... EfieEfi 1.0 O"l N ~ Efi R~g ~gft -q-..-N ffieffi o o tD t N Efi ff) CJ) o U ~ ~ Q) 0::: Q) > :;::; co i u February 4, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 8, 2005 ITEM NO. 5-N REQUEST Storey Park Phase It Construction Change Order No.1 for Irrigation Line AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~y/ See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. Memo To: Cc: From: Date: Re: Meridian Parks & Recreation FEB - 2 2005 Cily of Meridian Ci!y Clerk OfficI' Mayor de Weerd I City Council Will Berg Doug Strong \~~ J~ February 2, 2005 ~ Storey Park Phase II Construction Change Orders The Park Staff is requesting approval of three change orders to be added to the consent agenda at your February 08, 2005 meeting. They are as follows: t Chance Order #1 - Amount $3,789.25 - (Attachment) There is a change in the location for a new 12" irrigation line because of a conflict with an existing 36" irrigation line. Seventy-Five feet (75') of extra length will be added and 2 small manholes installed for access to clear debris. The cost to make this change is $3,789.25. Chance Order #2 - Amount $938.00 - (Attachment) A change in an 8" drain line from our irrigation pump will need lowered to allow the 12" line to cross above it. The cost to make this change is $938.00 Chance Order #3 -Amount $10,719.00 - (Attachment) The removal of 112' of 36" corrugated irrigation line that is about 30 years old. The condition is poor and it is rotted out on the bottom. We don't know if it will hold up to parking lot construction or how long it will last after that. It will be replaced with concrete pip so it will not have to be replaced again. The total request for replacement is $10,719.00. TOTAL AMOUNT OF CHANGE ORDERS: $15,446.00 ( * * . ~me.lcan Ra~lng Co.' ' Telephone: 888-7988 Fax: 888-5020 P.O. Box 395, Meridian Idaho 83680 Idaho PW. #12145-AAA-2-4(43) Oregon CCB # 137240 January 27,2005 City of Meridian-Parks & Rec Attn: Elroy Huff 11 W Bower Street Meridian, Idaho 83642 JAN 3 1 2005 OI~ Re: Storey Pm-k Upgrades Phase IT American Paving Co. Job # 1445 The following is a request for change order as per the enclosed requests from our subcontractor, Cascade Pipeline. The costs as outlined below have been provided at your request. 1. Change location for 12" irrigation in conflict with existing 36" irrigation. Two concrete collars ($275.00 each) will be required in addition to the work as outlined by Cascade Pipeline. American Paving Co. has added 5% GRIP to this request for total of (add) .........................$3,789.00 2. Lower existing 8" CL200 drainline to allow 12" class to cross. American Paving Co. has added 5% OHlP to this request for a total of (add) ...................................................................$938.00 3. Remove 36" CMP and replace with 36" RCP CL3. American Paving Co. has added 5% OR/P to this request for a total of (add).. ........ ..... ........... ....... ..... ................... ............. ....... $10,719.00 Should any of this work be accepted, please provide written change orders to our office. Feel free to contact our office if you have any questions or concerns. Sincerely, American Paving Co. ~. :::&~ Vice President TLltk 1445-rco-cascade EO. Box 1135 . Meridian,Idaho 83680 · Bus: (208) 895-0286. Fax; (208) 898-0144 REOUEST FOR CHANGE ORDER TO: AMERICAN PAVING ATTN: TERRY LUTZ DATE: 1/25/05 PROJECT: STORY PARK CHANGE ORDER: 1 We hereby request approval of this Change Order for the above-mentioned project due to changes and/or extras as outlined in the following; MESSAGE: CHANGE IN LOCATE FOR THE 12"lRRIGATION.THIER WAS A CONFLICT WTIHTHE EXISTING 36"IRRIGATION ADD 2fEA 30" CATCH MANHOLES @ 635,00 1,270.00 ADD 75fLF 12" CLASS 200 @ 24.20 1,815.00 TOTAL REQUEST $ 3,085.00 TERMS OF PAYMENT- Subject ofT errns and ConditiOIl3 are attac:hed hereto, which are referred to and hereby made part of this Proposal and C~f:(acl .All terms of this proposal are to;;l be integrated with any other contract pa1aining to the same work ':ACCEPT.Et>: COUNTERSIGNED: Authorized Signature (Contractor) . Authorized Signature (Subcontractor) ~ By: BUYER Date; Date:~ 3 , 0 8 5 . ;' 5 . % i 51, . 2 3 ? 2 3'~ ~ ~ ~ ".' _7 Z- ~\ta..Y-S> ~ _ -;c,S. - e.<<-<-h 1 5 ,2::> " l/l 'd ~HL'0N '; (I (I Z IJ P. ( February 4, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 8, 2005 ITEM NO. SMO REQUEST Storey Park Phase II Construction Chane Order No.2 for Irrigation Pump AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Cc: From: Date; Re: Meridian Parks & Recreation FEB - 2 2005 Ci.y of Meridian Cil y Clerk Office Mayor de Weerd I City Council Will Berg Doug Strong '<)UC\ ~ February 2, 2005 ~ Storey Park Phase II Construction Change Orders The Park Staff is requesting approval of three change orders to be added to the consent agenda at your February 08,2005 meeting. They are as follows: Chanae Order #1 - Amount $3,789.25 - (Attachment) There is a change in the location for a new 12" irrigation line because of a conflict with an existing 36" irrigation line. Seventy-Five feet (75') of extra length will be added and 2 small manholes installed for access to clear debris. The cost to make this change is $3,789.25. ~ Chanae Order #2 - Amount $938.00 - (Attachment) A change in an 8" drain line from our irrigation pump will need lowered to allow the 12" line to cross above it. The cost to make this change is $938.00 Chanae Order #3 - Amount $10,719.00 - (Attachment) The removal of 112' of 36" corrugated irrigation line that is about 30 years old. The condition is poor and it is rotted out on the bottom. We don't know if it will hold up to parking lot construction or how long it will last after that. It will be replaced with concrete pip so it will not have to be replaced again. The total request for replacement is $10,719.00. TOTAL AMOUNT OF CHANGE ORDERS: $15,446.00 p.o. Do;;\.': 1135 . Meridian, Idaho 83680 . Bus: (208) 895-0286 . Fax: (208) 898-0144 REOUEST FOR CHANGE ORDER TO: AMERICAN PAVING ATTN: TERRY LUTZ PROJECT: STORY PARK DAlE: 1/27/05 CH~GE ORDER: 2 We hereby request approval of this Change Order for the above-mentioned project due to changes and/or extras as outlined in the following: MESSAGE.. LOWER EXISTING 8"CLASS 200 DRAlNLINE TO ALLOW 12" CLASS TO CROSS BACKROE W/OP 4/l-IRS @ 60.00 = 240.00 PlPELAYER 4/HRS @ 20.00"" 80.00 CREW TRUCK 4fHRS @ :lQ.OO:= 80.00 MAlLS SEE ATTACHED 376.95 15% OH+P 116.43 TOTAL REQEST $ 893.38 TERMS OF PAYMENT: . Subject ofTenns and Conditions are attached hereto, which are referred to and h.ereby made part of this Proposal and Ccmtmct. All terms oftbis: proposal me to be integrated \Villi any other contract pertaining to the same work. ACCEPIED: COUNTERSIGNED: Authorized Signature (Contractor) Au . ~lature (Subcontractor) By: BUYER Date: Date: /- 1:::7.0 ~ 893.38 5. L~4. 669 ~'O?9 ~ 'd .;~tL'ON l'J'iF.v:ll i~i1Ji7 . 'H'I February 4, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 8, 2005 ITEM NO. 5-' REQUEST Storey Park Phase II Construction Change Order No.3 for removal of irrigation line AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DE?T: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Cc: From: Date: Re: Meridian Parks & Recreation - 2 2005 Ciiy of M~ridjaf1 Cily Cferk Officl' Mayor de Weerd I City Council Will Berg Doug Strong '{.JHI~ J~ February 2, 2005 ~ Storey Park Phase II Construction Change Orders The Park Staff is requesting approval of three change orders to be added to the consent agenda at your February 08, 2005 meeting. They are as follows: Chanae Order #1 - Amount $3,789.25 - (Attachment) There is a change in the location for a new 12" irrigation line because of a conflict with an existing 36" irrigation line. Seventy-Five feet (75') of extra length will be added and 2 small manholes installed for access to clear debris. The cost to make this change is $3,789.25. Chanae Order #2 - Amount $938.00 - (Attachment) A change in an 8" drain line from our irrigation pump will need lowered to allow the 12" line to cross above it. The cost to make this change is $938.00 ~ Chanae Order #3 - Amount $10,719.00 - (Attachment) The removal of 112' of 36" corrugated irrigation line that is about 30 years old. The condition is poor and it is rotted out on the bottom. We don't know if it will hold up to parking lot construction or how long it will last after that. It will be replaced with concrete pip so it will not have to be replaced again. The total request for replacement is $10,719.00. TOTAL AMOUNT OF CHANGE ORDERS: $15,446.00 p.o. Box 1135 . Meridia~, Idaho 83680 · Bus: (208) 895-0286 · Fax: (208) 89&0144 PROPOSAL & CONTRACt' TO: AMERICAN PAVING ATTN:TERRY PATE: 1/27/05 Subject to the WfroS hereQf, we hereby agree tQ furnish an Illbot', matmal and ~ipme:nt for the completion, 111 a good and WQI"kmanlike m~nner, of the work described below on the fQllmving ooscribed propQ'ty. DESCRIPTION REMOVE 36"CMP AND FEPLACE W/36"RCP CLASS 3 f'I f\ Il- ~ PROPERTY: STORY PARK VV.:tr, / STREET ADDMSS DESCRIPTION OF WORK: CITY OR TOWN COUNn' DESCRIPTION QUANTITY UNIT PRICE TOTAL 36"RCP CLASS 3 llOILF 39.75 4372.50 L&E TO INSTALL 2/DA YS 1101LF 33.45 3679.50 DISPOSAL OF 36"C.MP 1101LF 7.50 825.00 TOTAL 8877.00 15% OH+P . 1,331.55 ~ 10'208"55 " - 5. % - 51 0 . 427 5 + - - f-- '\0'7'\8.9775 +% - GRAND TOTAL 10,208.55 TERMS OF P A Y1vfENT: Subject to T= 8IJ.d ConditiOOll are l\ttllched hereto, which w:e reten"d to (ID(\ hereby made part of1his Pl:o-posal ~d Contract. All te:rms of this p(oposW. are to be integ.:ated with lJ.lJ.y other CQnIr.l.ct pertaining: to the sanle WfJ,(k. ACCEPTED: COUNTERSLGNED: ~ BY BUYER DATE Page 1 l/l . J 9 ~ V L ' D!.j 'J / - 2/'-0 c:: DATE Hdv Z , IJ ~ I' February 4,2005 MERIDIAN CITY COUNCIL MEETING February 8, 2005 APPLICANT Parks Department - Doug Strong REQUEST Park Issues Department Reports ITEM NO. 6~D-l AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: sed D\se ,,\~ See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Parks & Recreation Memo FEB - 2005 To: Mayor and City Council City of Meridian City Clerk Office Cc: Will Berg Doug Strong A0~A1 February 2, 2005 From: Date: Re: Storey Park Construction, Kiwanis Park and Chateau Park Irrigation The Parks Staff is requesting the three items below to be placed on the pre-council agenda for the February 08, 2005 meeting. 1. Storey Park Phase II Construction update on three change orders to be on the consent agenda for February 08, 2005 meeting. (Approximately 5 minutes) 2. Kiwanis Park update on strategies and costs to get the park greened up this spring. (Approximately 5 minutes) 3. Chateau Park irrigation update as to the costs for improving the system. (Approximately 10 minutes) Page 1 February 4, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 8, 2005 ITEM NO. 10 REQUEST Public Hearing - Parks and Recreation Fees AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: &JL ~ See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Tara Green From; Sent: Yo: Subject: Catrlna Thomas [thomaSC@merkliancity.org) Wednesday. December 29, 20042:00 PM greent@meridJancity.OqJ fee schedule tin 2005 Fee Sche:lu!e.xls Taxa, He1:'e is the fee schedule we would like to propose for approval. by City Council. I'm not sure what else you need or who all I should send it to. Let me know what else I need to do. Thanks for you.?: help, Catrina ( 2005 Meridian Parks Recreation Fee SfJhedufe FEE TITLE Amount Late Reo. % of Change VOLLEYBALL (AU Divisions) Team $260.00 0.00% Players fmfn 1 (I) $15.00 0.00% Additional Players (over 10) $15.00 0.00% ASA Fees $12.00 . BASKETBALL (All DivisionS) Team $500.00 0.00% Plavers (min 10T $15.00 0.00% Additional Players (over 10) $15.00 0.00% ASA Fees $12.00 * SUMMER SOFTBALL Team $350.00 0.00% PlavtJr Fee (min. 15) $14.00 0.00% Additional Players Cover 15> $14.00 0.00% ASA Fees $25.00 ft FALL SOFTBALL Team $400.00 new Additional PlaversCovfi)r 15) $10.00 new ASA Fees $12.00 * new Tournament $150.00 new SOFTBALL TOURNAMENTS Meridian's Own Tournament nonleaaue $175.00 new Field rental for tournament per Dame $15 SUMMER CAMP Plan A {full Day) - 2 weeks $124.00 $144.00 new 2nd ChIld Plan A $94.00 $114.00 new Plan a (1/2 Davs) - 2 weeks $84.00 $104.00 flew 2nd Child Pfan B $54.00 $74.00 new Plan A - Per Dav $15.00 new Plan B - Per 112 Dav $10.00 new BARN SOUR 1 Mile Fun Run $5.00 new 5K Run $15.00 $20.00 new 10K Run $15.00 $20,00 new SUMMER SIZZLER Basketball-- 4 olavers max. $30lteam new Volleyball - 4 olavers max. $30lleam new 'nline Skating $10.00 new SHELTER FEES: STOREY l200max) 1-50 DeoDle $30.00 0.00% Per each 50 Add. $15.00 0.00% Softball Fields $8.0O/hr. 0.00% Softball LkJhts $1 D.OOihr 0.00% Vollevball Eauio. $10/dalJ 0.00% TULLY C30Dmax) February 4, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 8, 2005 ITEM NO. 11 REQUEST Ordinance - Repealing TItle L Chapter 7, Sections 7 (G) of the Meridian City Code regarding the Rules of Procedure for Public Hearings and providing for a waiver of the reading rules AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance ()q/[11/ v~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. 05~ I \ '3 \ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE REPEALING TITLE 1, CHAPTER 7, SECTIONS 7 (G) OF THE MERIDIAN CITY CODE REGARDING THE RULES OF PROCEDURE FOR PUBLIC HEARINGS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 7(0), Meridian City Code is hereby amended to read as follows: 1-7-7: RULES OF PROCEDURE FOR PUBLIC HEARINGS: The following rules are hereby established, shall be observed in the conduct of any public hearing before the City Council, and shall be known as the lIMeridian Rules of Procedure for Public Hearings": A. Sign Up To Testify: No person shall be permitted to testify or speak before the City Council at a public hearing unless such person has printed his name, signed his name and written his residential address thereafter on sign-up sheets to be provided by the City. This rule shall not apply to staff or technical witnesses directed by the Mayor to give evidence or infonnation to the City Council. B. Recognition By Mayor: No person shall be permitted to speak before the City Council at a public hearing until such person has been recognized by the Mayor. (Ord. 446,2- 19-1985) C. Record Of Proceedings: All public hearing proceedings shall be recorded electronically or stenographically such that said proceedings are capable of being transcribed, and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate. The Mayor may order at any time that the record be transcribed. If a party other than an official of the City requests that the record be transcribed, he shall so request the Mayor to effect such, and all costs of preparing the transcript shall be paid in advance by the party so requesting. D. Time Limit For Speakers: In the notice of the public hearing or at the commencement of the public hearing, the Mayor may establish a time limit to be observed by all speakers. The time limit shall be established depending on the number of speakers who sign up for each public hearing and shall apply only to the speaker's comments. The Mayor may also, either in the notice of the public hearing or at the close of the hearing, indicate that written testimony shall be received and set a date and time when such written testimony must be submitted in order to be included in the written report. PROCEDURE FOR MEETINGS AMENDMENT - Page I of 4 E. Interruption Of Speaker Prohibited: The speaker should not be interrupted by members of the City Council until his time limit has been expended or until he has finished his statement. (Ord. 446, 2-19-1985; amd. 1999 Code) F. Questioning Speaker: At the conclusion of a speaker's comments, each City Council member, when recognized by the Mayor, shall be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The question and answer period shall not be included in the speaker's time limit as established. G. S. saring That Testimsnj Is True: ',J.'nen the fll:lalie hearing is Ell:lasi jl:laieial in Ramre ef eRe after hieh the Cit) Cel:lfleil is reEll;lireaa) la. te make fiflaiRgs effaet, eae.h speaker ffil:lst s ,ear or affiffi'l that his testimefl) , mae true aaa eerreet. If:. Q.. Compliance With Rules: Any person not conforming to any ofthe above rules may be prohibited from speaking during the public hearing. Should any person refuse to comply with such prohibition, he may be removed from the room by order ofthe Mayor. h Ii. Suspend Or Amend Rules: The City Council may suspend or amend anyone or more ofthese rules by vote of one-half (112) plus one of the full City Council. J.:. L InteI]Jretation Of Rules By Mayor: The Mayor shall have the authority to inteI]Jret and apply the foregoing rules, subject to an appeal to the City Council, whose decision shall be determined by a majority vote of the Council members present. k 1. Absence Of Mayor: In cases where the Mayor is absent from the public hearing or where the public hearing is before a duly appointed hearing officer, the President of the Councilor presiding Council member or the hearing officer shall fulfill the duties of the Mayor described hereinabove. (Ord. 446, 2-19-1985) Section 2. All ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this ~ day of Fe~ \(\ \'"\ ) , 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this E day of Ff'~ \t\Xl) .2005. PROCEDURE FOR MEETINGS AMENDMENT - Page 2 of 4 APPROVED: PROCEDURE FOR MEETINGS AMENDMENT - Page 3 of 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- If.? I PROVIDING FOR AN AMENDMENT TO MERIDIAN CITY PROCEDURE FOR MEETINGS ORDINANCE An Ordinance of the City of Meridian amending Title 1, Chapter 7, Section 7(G) of the Meridian City Code regarding the rules of procedure for public meetings. The ordinance amends the current City ordinance to repeal the requirement for sworn testimony. A full text of this ordinance is available for inspection at City Hall, City of Meridian, First Reading: 2. ..- s - tJ > ..... Adopted after first reading by suspension oft 50-902: YES-L NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- (I:J I The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor ofthe City and has reviewed a copy of the attached Ordinance No. 05- II ;;; / of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-90lA (3). DATED this L day of FebruaY0<;?5. ~) William. L.M. City Attorney PROCEDURE FOR MEETINGS AMENDMENT - Page 4 of 4 February 4, 2005 MERIDIAN CITY COUNCIL MEETING APPUCANT February 8, 2005 ITEM NO. 12 REQUEST Ordinance - Amending Title 6. Chapter 3. Section 6 of the Meridian City Code regarding Exemptions of Noises Creating Public Distrubances AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance t @6/~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetlng$ shall become property of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- I (g 2- PROVIDING FOR AN AMENDMENT MERIDIAN CITY PUBLIC DISTURBANCES ORDINANCE An Ordinance of the City of Meridian amending Title 6, Chapter 3, Section 6 of the Meridian City Code creating exemptions for noises creating public disturbances. The ordinance amends the current City ordinance to include exemptions from the public disturbance code for noises that are caused by emergency vehicles, activities upon school, municipal, parks, or public property, parades, fireworks displays with a lawful permit, other events that require permits to be issued by the City, sounds by locomotives, burglar alarms, safety devices, machinery or devices being operated pursuant to the zoning regulations of the City, and sounds within common areas of multi-unit facilities. 4LL' City of Meridian Mayor and City Council ! By: William G. Berg, Jr., City Clerk \ '\ First Reading: ~ - tJ ,- t7 5" ''''1 Adopted after first reading by suspension ofth 50-902: YES )C NO Second Reading:-- - Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- (I g 2- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- //32- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-90lA (3). DATED this L day of February, 20 PUBLIC DISTURBANCES ORDINANCE AMENDMENT - Page 4 of 4 CITY OF MERIDIAN ORDINANCE NO. () ~ - I (:;:)? BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 6 OF THE MERIDIAN CITY CODE REGARDING EXEMPTIONS FOR NOISES CREATING PUBLIC DISTURBANCES; AND PROVIDING FORA SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 3, Section 6, of the Meridian City Code is hereby amended to read as follows: 6-3-6: NOISES CREATING PUBLIC DISTURBANCE: A. Prohibited Acts: It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises: 1. Horns Or Sirens: The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger Of as specifically permitted or required by law; 2. Repetitive Motor Vehicle Sounds: The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as.to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 3 . Yelling Or Shouting: Yelling, shouting, hooting, whistling or singing on or near the public streets which unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 4. Noise From Buildings: The creation offrequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions or social gatherings; 5. Motor Vehicle Sound Systems: Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty feet (501) from the vehicle itself; PUBLIC DISTURBANCES ORDINANCE AMENDMENT - Page 1 of 4 6. Audio Equipment: Sound from audio equipment or any device that amolifies sound, such as tape players, radios, or compact disc players, operated at a volume so as to be audible greater than fifty feet (50') from the source, and if not operated upon the property of the operator. B. Exceptions: The foregeiflg pro. isieas SRaIl aat appl) ta regHlarl) sehedulea. e. eats at parks, Sl:leB. as Jluslie aaaress S) stems fer baseball games Sf parl~ esaeerts. 1. Sounds caused by anv emenzencv vehicle or oersonnel when resoonding to an ememencv call or actine in time of emereencv. 2. Sounds caused bv activities UDon any outdoor municipal school religious or publicly owned orooertv "ark. or facility orovided that such activities has been authorized bv the owner of such oropertv or facility or its aeent. 3. Sounds caused by parades fireworks displays or any other event for which a oerroit for that Me of activitv is reauired and has been obtained from the authorized governmental entity within such hours as mav be imposed as a condition for the issuance of said oermit. 4. Sounds caused by locomotives or other railroad eauioment. 5. Sounds caused by burglar alarms that are not in violation of the Meridian City Code. 6. Sounds caused by safety warnimr devices reauired by law. 7. Sounds caused bv devices or machinerY that is Dart of the use within the confines of the Darticular zonine desienation that the device is located or nursuant to a conditional use oerroit (i.e. drive-thru window sneakers car lot D.a. systems). 8. Sounds emanatimz from devices used within the common areas ofa multi-unit facility whose use has been approved by the owners or management of the facility. Said use must comply with any regulations imposed by the owners or manaeement of the facility to be exempt under this ordinance. This exemption only aooHes in relation to other units within the same facility. C. Public Disturbance Noise Time Period: Public disturbance noises shall not be permitted within the city between the hours of eleven o'clock (11 :00) P.M. and six dclock (6:00) AM. or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others. D. Violation, Penalties: Any person violating the provisions of this section shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 886, 9-5-2000) PUBLIC DISTURBANCES ORDINANCE AMENDMENT - Page 2 of 4 Section 2. That pursuant to the affrrmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this ~ay of ff-\')Yl In 11 ) , 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of Fr-hl \ (\ Y1) , 2005. APPROVED: ATTEST: Jd?--ft ~ R- CITY CLERK ' PUBLIC DISTURBANCES ORDINANCE AMENDMENT - Page 3 of 4 February 4,2005 MERIDIAN CITY COUNCIL MEETING February 8, 2005 APPLICANT ITEM NO. 13 REQUEST Executive Session per Idaho State Code 67-2345(1)(c)&{f) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT; CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetingS shall become property of the City of Meridian. .RMATION REPORT ** DATE Tl ME TO/FROM 131 132/13<1 16' 23 381131613 02 132/04 16' 2:; PU8L1 C WORKS 133 132/134 16: 27 884115'3 134 132/04 16: 28 20888413744 05 02/134 16:29 POLlCE DEPT 136 02/13<1 16: 31 89855131 B7 132/B<I 16' 32 Ll BRARY e8 132/134 16' 33 '32083776449 09 B2/e4 16:34 3886924 113 132/13<1 16:36 P-RND-Z 11 132/0<1 16:37 ALL AME:RJCRN INS 12 02/0<1 16'38 208 89:; 03913 13 132/13<1 16' 413 2e8 387 6393 14 132/134 16'41 Aoo CTY DEUELMT 15 B2/134 16:43 888:;052 16 02/134 16:46 IDAHO ATHLETIC C 17 132/e4 16:47 ID PRESS TRIBUNE 18 e2/134 16'<18 21388886701 19 132/13<1 16' 53 2e84664405 20 132/134 16::;4 12830013413 21 132/B4 16:56 CHERRY LANE MODE MIN/SEC PGS EC--S Bl' 213" 1303 EC-S 11;0' <18" 11;03 EC--5 00'48" 1303 EC--S 00' 49" 003 EC-S 00'47" 0133 EC--S 00'47" 1303 EC--S 01' 01" BW EC--S 130'47" 1303 EC--5 1313'46" e03 EC--S 1313' 4S" 003 EC-S 00'47" 0133 EC--S 00'47" 003 E:C--S 013' 47" 1303 EC--S 00'48" 003 EC--S 13B'47" eB3 EC--S 00' 48" 13133 EC--S 13e'47" 13133 EC--S 130'47" 1303 EC--S 130' 47" 1303 (;3--5 131 ' 134" 1303 G3--5 01' 47" 0133 CMDI:t STATUS ell OK 011 OK ell OK 011 OK 011 OK 1311 OK ell OK ell OK 011 OK ell OK ell OK 011 OK ell OK 011 OK 011 OK ell OK Bll OK ell OK ell OK 1311 OK 1311 OK ......-...------------.....---------.........----------......-------------....----------......----------......------------ v lJ.0J:t., y 6~t -W r \JI::::U c (\jD\1 c.c - < I [I) tJV1{S~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA 1. Roll-calf Attendance: Tuesday, February 8, 2005, at 7:00 p.m. City Council Chambers _ Shaun Wardle Christine Donnell Charlie Rountree - Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: Community Invocation by Joe Anderson, with Cole Community Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 04-008 Request for a Variance for off-site parking along N. 3'd Slreet for Holv Trinity Charismatic Eoiscooal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: B. Streetlit/ht Aareement for Sat/eland Subdivision: C. Assessment Aareementfor Boise Meridian RV Resort: D. Water Service Easement for Brent E. Borchers in regards to Locust Grove Utility Improvemenls: E. AOOfOVQ Liauor License for Eddv's - 501 South Main Street: F. Black Cat Trunk Sewer and Lift Station Proiect Addendum No, ;!: G. Award of Bid for Centrate Eaualization Proiect to RSCI: H. Resolution No. : Approving Addendum No.2 to an Agreement by and between the City of Boise City Moridi;l,r\ eil}' Council ^tendo fobnlOly S. 2005 P.r.. I 00 hll mol"';." pr=nl<d.tpubli, m<<hng' .1,,11 bcoomop"'J'<rt)'ofth, City.rM",;di",. J\nYOnt d6inl'i& aetOmmcdilU;).A Iot(].i.!.i1biliLieJ: r.el:lled lO d,;,clInlmU ;:'Illd/ar huring plea:l:c c:ont:.d Ih~Clp;yCkflC:.~ Offi.;;:: il.( gB8-443] lt lc:.iJiL4.8 hoW"t: pnQrLo the publi~ Imtlln8. Yl4\c VD:)t~, futfl G LJrf1\ct -'1(1)V1lltsl i .. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 8, 2005, at 7:00 p.m. City Council Chambers 1. RolIRcall Attendance: Shaun Wardle Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Joe Anderson, with Cole Community Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 04R008 Request for a Variance for off-site parking along N. 3rd Street for Holv Trinitv Charismatic Eoiscooal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: B. Streetliaht Aareement for Saaeland Subdivision: C. Assessment Aareement for Boise Meridian RV Resort: D. Water Service Easement for Brent E. Borchers in regards to Locust Grove Utility Improvements: E. Aoorove Liauor License for Eddv's - 501 South Main Street: F. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. ~: G. Award of Bid for Centrate Eaualization Proiect to RSCI: H. Resolution No. : Approving Addendum No. 2 to an Agreement by and between the City of Boise City Melidian City Council Agenda - February 8,2005 Page I of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disa bilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours Pliorto the public meeting. (Legal Department) and the City of Meridian to Extend Prosecutorial and Police Leaal Advisor Services to Meridian: Resolution No. Adopting QQg Adoption Policv as part of the City of Meridian Police Department Policy and Procedures Manual: J. Black Cat Trunk and Lift Station: K. North Slouah Sewer Trunk: L. Centrate Basin Construction: M. Water and Sewer Rate Increase Effective March 20. 2005: N. Storev Park Phase II Construction Chanae Order No. 1 for Irriaation Line: O. Storev Park Phase II Construction Chanae Order No. 2 for Irriaation Pump: P. Storev Park Phase II Construction Chanae Order No. 3 for removal of irriaation line: 6. Department Reports A. Finance Department - Stacy Kilchenmann 1. Payoff of existina Latecomer Aareements: B. Attorney - Bill Nary 1. Discussion of Vicious Doa Ordinance: C. Planning and Zoning Department - Steve Siddoway 1. West 8th Street Sidewalk Improvements: D. Parks and Recreation Department - Doug Strong 1. Park Issues: 7. (Items Moved from Consent Agenda) 8. Tabled from February 1, 2005: FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on Melidian City Council Agenda - February 8, 2005 Page 200 All materials presented at public meetings shall become propClty of the City of Meridian. Anyone desiring accolmnodation for disabilities related to documents and/or healing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10.07 acres in a R-B zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: 9. Continued Public Hearing from January 11 ~ 2005= CUP 04~050 Request for Conditional Use Permit for a 3-story, 1 DO-room hotel in an I-L zone for Country Inn & Suites Hotel by Boise Hotel Enterprises, LLC & ABC 2, LLC - north of East Pine Avenue and east of North Eagle Road: 10. Public Hearing: Parks and Recreation Fees: 11 Ordinance No. : Repealing Title 1 ~ Chapter 7 ~ Sections 7 (G) of the Meridian City Code regarding the Rules of Procedure for Public Hearinas and providing for a waiver of the reading rules: 12 Ordinance No. : Amending Title 6~ Chapter 3~ Section 6 of the Meridian City Code regarding Exemctions for Noises Creatina Public Disturbances: 13 Executive Session per Idaho State Code 67~2345(1)(c)&(f)= Meridian City Council Agenda - February 8, 2005 Page 3 DO All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation fordisabiHties related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ---...-------....-------------------.......--------------....---------------.....-----........-----...-------....------- DATE TIME TO/FROM 01 02/09 10:40 3810160 02 02/09 10:41 PUBLIC WORKS 03 132/09 10'43 121384664405 1)4 132/09 113: 44 8841159 05 02/09 113:46 2008840744 i1l6 132/09 10'47 POLlCE DEPT 07 02/09 10' 48 8985501 08 02/09 10:50 LlBRRRY 09 02/09 10: 51 92083776449 10 02/09 10:52 3886924 11 02/09 10' 54 P-RND-Z 12 132/El9 lEl:55 208 895 0390 13 02/El9 10: 57 1283ooEl40 14 02/El9 10' 58 208 387 6393 15 02/09 11: El0 8885El52 16 El2/09 11: El2 CHERRY LRNE 17 El2/09 11: 04 I DRHO ATHlETI C C 18 132/13911'136 ID PRESS TRIBUNE 19 132/El9 11:137 2088885701 28 132/la9 11' 11 RDR CTY DEVELMT MODE MIN/SEC PGS EC--S 131' 27" 0133 EC--S 0El'52" 1303 EC--S 1313'53" 13133 EC--5 013'52" 13133 EC--5 la13'54" 0El3 EC--S 1313'52" 13133 EC--S 00'51" 13133 EC--S 131'06" 13133 EC--S 130' 51" 003 EC--5 00'52" 003 EC-S 1313'51" 003 EC--5 0El' 51" 0El3 G3--S 01'00" El03 EC--S 00'52" 0El3 EC--S 00'52" 0133 G3--S 131'49" 0133 EC--S 00' 52" 1303 EC--S 00' 52" 003 EC--S 00' 51" 003 EC--5 00'52" 003 CMDt! STRTUS 042 OK 042 OK El42 OK 042 OK 042 OK 042 OK 042 OK 042 OK 042 OK 042 OK 042 OK 042 OK El42 OK 042 OK 1342 OK 1342 OK 042 OK 042 OK 042 OK El42 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 8, 2005, at 7:00 p.m. City Council Chambers RolI.call Attendance: ---.J{ Shaun Wardle )( Christine Donnell ~ Charlie Rountree =x= Keith Bird -X:.- Mayor Tammy de Weerd 2. Pledge of Allegiance: Community Invocation by Joe Anderson with Cole Community Church: ;rre~ 4. Adoption ofthe Agenda: a'jh"-t?V'<. at" 4~t;(" 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 04-006 Request for a Variance for off-site parking along N. 3'd Street for Holv Trinitv Charismatic EoiscoDal Church by Holy Trinity Charismatic Episcopal Church - 237 East Slate Street: ~ B. Streetliaht Aareement for Saoeland Subdivision: ~~ C. Assessment Aareement for Boise Maridian RV Resort: ~~ D. Water Service Easement for Brent E. Borchers in regards to Locust Grove Utility Improvements: ~tr<.... E. ApDrove liQuor License for Eddv's Clt 501 South Main Street: ~ Iv 2.-/,-(/> F. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. ~: ~v<. G. Award of Bid for Centrate Eoualization Proiect to RSCI: ~K./ H" Resolution No. &5-459 : ApprOVing Addendum No_ 2 to an Agreement by and between the City of Boise City M."dian City Council Agenda - Februaly 8. 2005 Page 1 or 3 AJ~'~:~~~a~~~;i;;"';~~~~r~~~~~~ef~~~T:.b\:fJ~~~~a7:dP:~~~~~ ;~~~: ::e~;I~~~n please conlac! ill. Cll~ Clerk's Office at 886.4433 at least 48 hours plla' 10 tho ""blio meuUng CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET February 8,2005 ITEM # 10 DATE PROJECT NUMBER PROJECT NAME Parks and Recreation Fees NAME (PLEASE PRINT) FOR AGAINST NEUTRAL