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HomeMy WebLinkAbout2005-10-25 PRE-COUNCIL MEETING AGENDA Tuesday, October 25,2005 at 6:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ~ Shaun Wardle ~ Christine Donnell ~ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 3. Discussion Concerning School! Park Property with Wendell Bigham from Meridian School: Discussed (15 minutes*) 4. Discussion Concerning Elementary School Process with Wendell Bigham from Meridian School: Discussed (15 minutes*) * Approximate allowable time set for agenda item may change depending on the discussion. Please us the designated minutes as a guideline only. Meridian City Council Pre-Council Meeting Agenda - October 25, 2005 Page 1 of 1 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. c::::tG;;dian '. '\ , IUAHO ~_,~if; '".~~!rl1.t~1Ar Tttb.'\...iVrm Vf'-l-~!::i-.'- (r~~l(d~ PRE-COUNCIL MEETING AGENDA Tuesday, October 25, 2005 at 6:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ~ Shaun Wardle L Christine Donnell ~ Charlie Rountnz ~ Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: ~rrL "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 3. Discussion Concerning School! Park Property with Wendell Bigham from Meridian School: d ~U/t.-JItd (15 minutes*) I 4. Discussion Concerning Elementary School Process with Wendell Bigham from Meridian School: (15 minutes*) d/JatiJe..d.- * Approximate allowable time set for agenda item may change depending on the discussion. Please us the designated minutes as a guideline only. Meridian City Council Pre-Council Meeting Agenda - October 25, 2005 Page 1 of 1 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 Novem ber 9, 2005 ITEM NO. 5-A REQUEST Approve minutes of October 25, 2005 City Pre-Council Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWERDEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICr'HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: ~"Y Contacted: Em ailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Citv Pre~Council Meetinq October 25. 2005 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, October 25,2005 by President Councilman Shaun Wardle. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Christine Donnell. Staff Present: Bill Nary, Doug Strong, Anna Canning, Steve Siddoway, Josh Wilson, Craig Hood and Will Berg. Item 1. Roll-call Attendance: Roll call. ~ Shaun Wardle ~Christine Donnell ----2L-Charlie Rountree ---X-Keith Bird ~ Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Mr. President. Wardle: Mr. Bird. Bird: I move that we adopt the agenda as published. Rountree: Second. Wardle: It's been moved and seconded to adopt the agenda. All in favor? ALL AYES. MOTION CARRIED. Item 3. Discussion Concerning School I Park Property with Wendell Bigham from Meridian School: Bigham: Madame Mayor, Councilmen I am here briefly to talk tonight to further the discussion that I have been having with Mr. Strong representing Meridian Parks. As you mayor may not be aware we are in discussions with the Parks Department in consideration of a joint school park site, vicinity McDermott, Cherry Lane on approximately 40 acres. That 30 acres out there where the current rodeo is located. The school district is desirous of acquiring a school site within that square mile, so the obvious was to review that the chances of a school park site - I can tell you that that type of agreement is fraught with all kind of problems and I can go into that, but if you would like you could come to Boise at 7:00 and attend a meeting regarding a school park site that didn't work. It's still the right thing to consider. We have done a conceptual layout on the site just Meridian City Pre-CouncillV1eeting October 25, 2005 Page 2 of 17 in terms to see what the school would look like. That said, the school could be located anywhere on the property and we are getting some requests by land development, but do not wish to discuss the subdivision that you have yet to hear from - but for some land development issues in the vicinity of the park that have approached us about a school site within a larger residential development. So, I have got to tell you that the school district is struggling in terms of where is the best sighting of an elementary school, either in conjunction with the city on a parks site or in a more traditional neighborhood or a more traditional neighborhood that it serves. So, with that we are simply trying to further the discussion and my goal on behalf of the school district is to find a piece of property and forget about it in that square mile for six to eight months before the development comes. So, I think with that I would stand for any questions you may have or - I don't (inaudible) to speak for the Parks Department. Wardle: Council, if you would like to hear from Director Strong? Doug. Strong: Mr. President, members of the Council and Madame Mayor, Wendell's' in the introduction to this prospect and it has just been a discussion at this point, it seemed like when we first started talking about it an opportunity for possibly a first time to partner with the school district in the development of a school site and an adjoining park site and maybe take advantage of what we need and what the school needs jointly with green space and possible space in the building and things like that. So, it is a very preliminary discussion that that particular site does offer some challenge and I think some opportunity in that there is a gas line that runs through the corner of it that would have to be considered in the design, but the location on Cherry Lane seems to be desirable for the school district as well as far as visibility and accessibility to the school site rather than being stuck back in a development, so that is where we are right now. We looked at one preliminary design as Wendell has mentioned and we would need to make some changes to that, but I think what we really need to know is how the Council feels about a prospect like this at this stage in the game. Wardle: Thank you, Doug. I will get us kicked off, I guess, with my opinion of and I have expressed it before that I think that partnering a parks site with a school site is a win, win for all of the citizens of Meridian and certainly something that we have expressed an interest in the past. To have this opportunity and to have the school district approach the city, in my opinion is very important. I would like to see it happen in more than certainly just this one site in our community and that is maybe a question that I have for the Legal Department. Mr. Nary, we currently own the site on McDermott and Cherry Lane in question, correct? Nary: That is correct. Wardle: How would the city go about partnering with the district in terms of the ownership of the property? ( Meridian City Pre-Councillli1eeting October 25, 2005 Page 3 of 17 Nary: Mr. President, members of the Council I guess how you would fashion that would be what direction the Council wish to take with that. I mean, if you are looking at co-ownership of the property then I guess we would look at some transfer with the school district. I don't know if that necessarily gets us very far. I think most of the ones that I am familiar with and we have talked about in the past, like with the City of Boise have been not joint ownership; they are basically co-locating a park adjacent to the school. The city maintains ownership of the park property. The school maintains ownership of the school property and there is some common area agreements, across access agreements, arrangements about maintenance and how that is done and that sort of partnership type of thing, whether it's done in an MOU or any other type of contract, but that is more common as to how those are done and how some of the other public private types of partnerships have been done on some of our other park ground. Although, this one would be different because of it would be our ground just adjacent to the school, but that would probably be more common as the more of the sharing of costs and sharing of maintenance rather than ownership. Wardle: Thank you, Mr. Nary and I guess one of the questions that I had is and I assume that the school district would need to own their property in order to qualify for bonds to build the school and certain things like that and I am wondering and I know there is a process in place for a public entity to sell a piece of property to another public entity. I am wondering if we may explore the ability for the city to have the potential of looking at some of the other sites in the school district is researching throughout the community instead of just simply selling or transferring a piece, maybe have the opportunity to look at locating another site or two to obtain additional parkland in some of the neighborhood sites that we have looked at. So, I just put that out for suggestion. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: I know this is something the city has been talking about for a number of years and I know it brings challenges, Wendell, but as a taxpayer I appreciate that approach and would love to see that partnership. I do have a question for you based on the timing. It is on a trunk line that we do not plan to have developed at this point. Certainly not until the expansion of the sewer treatment plant is done so what is the timeframe? Bigham: Mr. President, Madame Mayor the timeframe is simply as the development occurs in that square mile. Our basic assumption is that that square mile will go at approximately three houses per acre. It will generate between 1,700 and 1 ,800 households in that square mile, which is a sufficient number of houses to fulfill that elementary school, so our goal is to not build, our goal is simply to acquire lands for five years, ten years, three years, whatever the Meridian City Pre-CouncillVleeting October 25, 2005 Page 4 of 17 infrastructure is under the areas so that we have protected the taxpayers interest in terms of acquiring the sites. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: Are you also aware of the planning that is going on along that corridor as far as transportation goes of McDermott and the extension of Highway 16? Bigham: Yes, we are we understand that Cherry Lane would probably be under, over if you will, but no access onto McDermott Road. There are several square miles of the district that are on the west side of McDermott Road or (inaudible) portion of our district resides in Canyon County. We are trying to make a conscious effort to have the school located on the east side of McDermott Road, but we do realize that we are approaching a corner if you will on McDermott Road and Cherry Lane whereby it simply bakes the obvious question if we have a school in that square mile, are we better off as a school district to have that school located closer to the center of that square mile as opposed to the (inaudible) in the bottom corner? That is simply the dilemma that we face in terms of acquiring sites, ahead of if you will a platted subdivision that we can negotiate with. I can tell you that our fallback at least for the near future will be to continue to look at subdivisions as they come in, unless we collectively decide that the joint school park site is beneficial. It is beneficial. It is the right thing to do. It is an exceedingly difficult thing to follow. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: Wendell, stay right there because I am going to lead to a question, but before I do that I am going to give a little bit of perspective. I think Wendell has heard this before, but I will go ahead and say it for the benefit of all of you and that is that when we first entered into an agreement with Boise City on parks, I was the first one to say this is never going to work. At that time, Dan Mabe was the Deputy Superintendent and he was very much opposed to it. The current superintendent at the time was driving this partnership with Boise City. I, like Dan felt that it opened up all kinds of problems. I envisioned children walking through - let's just talk about that one out at Andrus, that is behind the "Y" there and connects to a subdivision and at that time, there were no restrooms. I don't know if there even still are any restrooms in that park, I don't think so, but I had visions of the bogeymen jumping out and grabbing those kids and hauling them into the restrooms to have fun and games and all kinds of other issues. I thought that it would be hard for the district to control, not only the activities in the park, but the maintenance of it, the trash - I mean, it was a whole bunch of things and Meridian City Pre-Councilrv1eeting October 25, 2005 Page 5 of 17 having - going around and around with Dan Mabe he said regardless of what we think, Christine, this is the politically right thing to do for our taxpayers and for whether that is the city's or the district. Now, having said and it turned out from my point of view at least at this point because we partner now with Spalding, Boise City, we're in somewhat of a something out at Pepperidge that has been a disappointment because the city did not follow through with what we felt was the commitment that they gave us. I think you and I were both in that meeting, weren't we Wendell? And so that has caused a concern, but maybe that is the meeting that you are talking about having to attend tonight. What I would like to know after giving that little story is what kinds of issues have you seen from the school districts point of view at both Spalding and at Andrus? Now we know the Pepperidge issue, but --? Bigham: Good question, Council Donnell. Andrus has worked out very, very nicely. Spalding has worked out very nicely. I think some of the constraints that either we place upon ourselves today or the public places upon ourselves today, we probably in some respects stop us from doing a Spalding or an Andrus again. Simply put, we have a school site in Charter Point Subdivision adjacent to a subdivision park. A big discussion at Ada County and why we wanted to put a fence up between the school and the park site. Young kids do not know when to stop until they run into a fence. So, we have to kind of corral the little things up. They need boundaries at a lot of places in their life. The other thing is that we want to control the environment. Now, if you put on your parenting hat, you really don't want your kids to go wandering off into the park next door. So, we always end up with this fence that cuts through the joint use areas. The partnering is much more important - it's value to me is placed in the goodwill of cooperating between districts. It will save the school district no additional land or very little land, maybe an acre or two, not that that is not insignificant, but it doesn't really save either of us any land. The more pragmatic problems associated with those mundane details is Spalding, Andrus were annexed into the City of Boise. The case of Pepperidge and I will get to what I am thinking, your (inaudible) structure is Pepperidge while they had collected impact fees for the development of the park over the last ten plus years, because of annexation they could not garnish operating dollars to build a park. Here we sat two years into the opening of the school, we have about % acres of grass on 7 acres that the kids can play on - 700 plus kids at school. It fell apart because we could not get both the city and the school district to the same moment and time with money and our needs for building the school is entirely different than your needs for building a park. So, should we go forward on the Cherry Lane site, some of my questions are when you own the land can you invest Parks Department dollars in it where it is not annexed into the City of Meridian? Again, please understand we are very neutral on annexation. We are perfectly fine building in the county, but we would prefer to work with the city. So, when will the annexation occur, what if the schools need to build is ahead of your desire to annex? How do we share in the development costs of (inaudible---------)? Whoever is in first is going to have to build some type of road for some distance to probably connect into it. So, those Meridian City Pre-CouncillVleeting October 25, 2005 Page 6 of 17 are the more constraining details of what can bring us through the exact moment and time with both sites having the funds. The fest of it are details that are very manageable. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: I guess with an expectation of partnership that's fair. The park should be developed at the same time as the school and I don't see the school being needed until the sewer is there because you will not have the rooftops - you already see what rooftops you will see, so I think those will work well in tandem, howevef, this won't be your traditional park. I believe you know the rodeo has been out there and although there are not concrete plans, there has been some conceptual planning done. Is that the kind of facility you want a school place next to? Bigham: Mr. President, Madame Mayor sure. It's a sporadic operation, if you will. Personally I believe the rodeo either in its current location or simply the desire to have those types of rodeos will probably become passe at the time that we start actively looking at building. I do not want to say that it is a dying sport, but I see it as a waning activity and is this a suitable location for them over time? All of that said, to further where we go, we all need to be prepared to spend some money. The first process would be the programming of the school site, the park site and / or the rodeo assuming that we would need to come forward with a minimum two lot, possibly three lot subdivision for planning activity to define legal parcel that we must own and the parcel that you must own so that we can get through the building permit stage when we need it. That planning activity, we are willing to undertake that to the next step in terms of looking at where and how the school might layout on there. The big question is do we work around the 8 to 10 acres that the rodeo probably needs for their non-parking, you know their main venue activity. But, we would like to move forward with that I think with the Parks Department so that we could see what it would fit. We do have a wonderful natural barrier going right through the site and that is that high-pressure gas light. We have got to stay away from that thing. Bird: Mr. President. Wardle: Mr. Bird. Bird: Yeah, how many acres do you need, Wendell, for the elementary school? Bigham: Mr. President, Chairman Bird or excuse me Commissioner Bird ten acre, maybe nine depending upon how we have access to some of the open park space. ( Meridian City Pre-CouncilIVleeting October 25, 2005 Page 7 of 17 Bird: Thank you. Rountree: Mr. President. Wardle: Mr. Rountree. Rountree: Just a comment and this is an enlightening discussion about a whole lot of other issues that we might want to think about as a city. But, my comment on partnering is that I think it is certainly worthy to explore, but I agree with both Christine and Mr. Bigham and there are issues and sometimes it is just not in the taxpayers interest for the issues you create. I didn't know that we owned that property and it's interesting that we do, but nothing stops a federal aid roadway quicker than a publicly owned park. So, that potentially is a future planning issue for anything that we might desire in terms of corridor protection along McDermott and if in fact that corridor does become a freeway, which is what is envisioned I believe in Communities in Motion I don't know how suitable that site is particularly for either a park or a school. It could very well be that that corner contains some type of an urban interchange and we all know what happens around those in terms of pressure and development. I think the idea of partnerships is a great idea and we ought to pursue them and we ought to explore them, but I think in this particular site, we probably ought to really think about what we are going to do there anyway in the long term and I think the discussion tonight is making me thinking about - we need to think beyond what we have been thinking about at that particular site, but if there are other sites that would work better in terms of partnerships, let's pursue them. I think Anna and Steve probably ought to - and Doug as well probably ought to think about the most recent ordinance that we did as it related to corridor preservation and in the concept of what kinds of land uses would fit at that local. The joining of essentially a major east west corridor and a significant north south connector in the county. Wardle: Madame Mayor. De Weerd: Mr. President it's not the corner piece - Rountree: -- well, but in that vicinity. De Weerd: Yeah and I think Planning has talked to Doug about it because Doug was going to come to Council for a connecting easement through the property to McDermott and we took that out for this very reason. So, I understand that a lot of that is in question out here. This was just brought to find out more in openness as to that partnership and I think it is important to clarify so that the school district when they form these relationships they don't find the Pepperidge aspect. I am sure those neighbors thought that park and when you say less than an acre to play on that is not a lot of ground for kids and so the city has a Meridian City Pre-CouncillVleeting October 25, 2005 Page 8 of 17 responsibility to that. That has been strongly underscored, I think with that partnership. Wardle: Just a thought - Mr. Bigham I have a question about - well, having grown up here in the community and the fact that the school district provided the de-facto open space, green play space component of our community for many, many years in all of my childhood. One of the questions I have is as the community of Meridian and the city has grown and added acres as park space, certainly we have been caring for more of those. What would you say, I am thinking here in operational dollars, what playground acreage does the school district maintain --? I guess I am just looking for a rough figure. Do you know by chance? I know it's a lot, but - Bigham: I will give you several numbers because the picture is actually a little bigger than probably all want to wrestle with on a day-to-day basis. We approximately have 700 acres. If you took the north Meridian planning area, the ten square miles in there, give the number of schools required by the land consumption that is already approved, taxpayers are investing in last year's dollars right at $24 million per square mile for a K-12 education. We chew up about 2.5 to 3.0 percent in land within the community to do what we are doing to date. Doing what we are doing today is something that we need to revisit because within the confines of just south of the freeway, if you will to the foothills at Star we are looking at numbers of a district at 75,000 to 80,000 students. We are looking at a district of being 65 high schools, 22 middle schools, 35 alternate type facilities and 13 to 15 high schools. So, the partnering between the cities and the county and the school district in terms of shared facilities gets to be a very worthwhile discussion and the worthwhile part of the discussion starts taking on the cause that I am trying to champion today and that is something that can be done at Meridian High School. We are investing in the technical program out there. We think it's important to keep the existing Meridian High a vibrant park of the Meridian community. Given the escalating land cost and the increased pressure for community use, the acknowledgement, if you will that a lot of the school district's property is used by the greater community is we will start talking about the need to put artificial turf inside the stadiums, practice fields so that we can get more if you will - hate the term 24/7 type use out of the turf because we grow grass when we don't need it in the summer and need it in the fall and the water shuts off. So, there are many more things to the planning and the partnership that's a little bigger strategy, understanding full well that Meridian is a large geographic portion of our district than what we are looking at (inaudible------ -) also. So, I think that the bigger picture is what is it that we all envision down the road and that number gets even scarier to us as you all go off to the Blue Prints for Good Growth and the planning strategies trend has consumed what, 140,000 acres of land? If we had done it on a smart growth basis, we would have consumed 45,000 acres. What does that tell us if we change our growth patterns? That the density will go up, the number of school facilities, the need for Meridian City Pre-Council Meeting October 25, 2005 Page 9 of 17 parks will go up and land will become more and more of a limited resource to us. So, there is a little more to it. I just don't know quite what that first step looks like. Wardle: Sure. I think that that is a discussion that the City of Meridian should be having and has thought about. I know at the department level just on some smaller bases, but certainly feel it's important to begin a partnership and to think of all of the different ramifications that can happen. So, thank you. Council, any additional comments, questions on this specific --? Bird: I have none. Wardle: With that, I will move to Item No.4, which is discussion of the elementary process with Mr. Bigham. You are still up, sorry. Item 4. Discussion Concerning Elementary School Process with Wendell Bigham from Meridian School: Wardle: Mr. Bigham, I have down Item NO.4 the discussion of the elementary school process. Did we have that discussion already? Bigham: Mr. President, I did not come prepared tonight to talk about it. If you give me a little more information I will gladly perform on command. Donnell: Don't know what this means either. De Weerd: Mr. President, when I saw that we thought you had requested to get some comments about the new school that you want to bring on and what the process would be. Who requested this item? But, we did see it as an opportunity to talk about connectivity and that sort of thing. So, you didn't have anything you needed to discuss? Bigham: Mr. President, Mayor De Weerd, no I think it could be kind of a carry over from multiple discussions on an elementary school site and a joint school park site. I did not have any other than the school park site tonight. De Weerd: Okay, you do understand that the RFP was open and you are moving forward with an elementary school, so certainly we want to be a partner and help facilitate that in a fast track manner. Bigham: I appreciate that. Wardle: Thank you very much. De Weerd: Mr. President. Wardle: Madame Mayor. ( Meridian City Pre-Council lv1eetfng October 25,2005 Page 10 of 17 De Weerd: I guess if we could ask Steve to - Steve and Robin worked on a lot of when the different school sites will be coming on. He worked with Wendell in identifying what school is when - they identified what has been platted in those areas so we can start looking at any kind of connectivity sidewalk issues and that sort of thing, so I will turn it over to Steve. Siddoway: I don't have a prepared speech, but Mr. President, Madame Mayor and members of the Council, we do - knowing that the discussion tonight was on north Meridian schools, generally and the Mayor had requested it a couple of weeks ago that we look at sidewalk weeds in the area and how they relate to the future school sites. I have been working with Robin Jack, the GIS person in Public Works to create this map. What we have identified is this is a six square mile area between Locust Grove and Ten Mile, Ustick and Chinden and these are the upcoming school sites that we are anticipating to see. The first one is right here in 2006 at Havasu Creek Elementary and looking to - Wendell is Havasu Creek Elementary one of the elementary schools that is under - opening the bids and --? Okay. So, this is the first one in this north Meridian area that you will see. It will be next year in 2006 and '06 is the opening date, is that correct? Now given that it is around a developed subdivision where all of the phases surrounding it have been final platted we would expect to see the sidewalk connectivity to that elementary school next year. The next ones coming online include the Heritage Middle School in '07 and the Paramount Elementary in '07 - those two. Going first the Paramount Elementary, it is in a phase of Paramount that has been recently final platted and moving up so it should have good sidewalks and access for kids within it, but there is still a lot of area surrounding it all through here that has not yet been final platted, but many of which if not most of which should come in by the time the school comes online. Paramount has been coming in with final plat phases regularly, every other month or so. So, we looked at that and then Heritage Middle School there is development approved on both the north and the east side, so you can see that there would be sidewalks coming to it and from there the place where there really is no good access is for the kids that are down in this area and up in here to be able to come up Meridian Road or along McMillan to get to this school at this site? So, those are some fairly obvious missing sidewalks at this point. The next one you will see is Rocky Mountain High School in 2008 - De Weerd: We all start singing on that one. Siddoway: It has out parcels on both the north side and the south side and directly across the street that are not currently planned to have sidewalks. Of course, there will be sidewalks surrounding it through here and Paramount, but for kids that may walk from adjacent neighborhoods or across the street or from the south - (Inaudible discussion) { Meridian City Pre-Council IVleeting October 25, 2005 Page 11 of 17 Siddoway: The whole purpose of - the other two that are identified on this list are Cedar Springs Elementary down here and Silver/eaf Elementary up here and those two were not included in the most recent bond, but are planned potentially for 2009 as a guesstimate at this stage, is that fair to say, Wendell? Of course, Sawtooth Middle School is existing and we saw the real need for sidewalks come online real hard when that one came up and so this is kind of an early look now that we know what the bond is bringing, trying to get a feel for what sidewalks we are likely to have when those schools come online and trying to identify some of those deficiencies. Bird: Mr. President. Wardle: Mr. Bird. Bird: Steve, is Hunter sidewalk okay? You don't show a Hunter up there. It's right over - Bridgetower over there. Is it sidewalk okay? Siddoway: It's right up here, right? Bird: Yeah, right in there. Siddoway: And it's already existing today. It is open. So, I don't know if _ I know there are undeveloped phases around here. It's all been preliminary platted, but it's not yet final platted, so I don't know - Wendell, do you want to __? (Inaudible discussion) Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: I just have a question for anybody who can answer this. That is whose responsibility are sidewalks? ACHD's, the city's, the county's, the school districts, the developers? I mean, who exactly is responsible for a sidewalk? De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: Since that seems like a political question, I will attempt it. You know, ultimately, the agency that builds them, that collects dollars for them is ACHD. But, I think that as we look at community design, all three entities have a role to play in looking at the big picture and trying to find ways to facilitate good connections. As Steve and I discussed, we looked at it in terms of what isn't on the ground right now, what is in the pipeline, what can we do as far as when development applications come in front of us? And you know, when you talk to Meridian City Pre-CouncillVleeting October 25, 2005 Page 12 of 17 the developers, they realize what - if you sit down and you talk to them about safety and those kind of things, these sidewalks can be requested in first phases and you know by getting a picture and a snapshot in advance, these are the kind of things that I think we can do and the city can facilitate working with the school district, working with ACHD and looking at what each of us can fact in in making sure connections to the schools happen and they happen in a timely fashion. Right now, Hunter Elementary we have lost those opportunities. Now, does that mean that we can't talk to the developers that are responsible for future phases out there and see if something can happen at a particular time? No, we can do that. It's just getting everything on paper; getting the entities that have the most at stake together and start saying what can we do? What can we do through annexations that otherwise we might lose that opportunity, so ultimately the responsibility is ACHD's. But, I know that our responsibility through comprehensive planning is safety. I think the school's responsibility is our kids and so we all have something at stake here. How was that? Donnell: Follow up Mr. President. Wardle: Ms. Donnell. Donnell: Okay. So, since I am not going to be here this next year, I can just about say anything I want, right? De Weerd: Sure. Donnell: Okay. De Weerd: Unless, Mr. Council President would stop you. Wardle: I don't know if it would stop you anyway, Ms. Donnell. So, feel free. Donnell: You are way too young, Shaun. So, I am going to put on an old school district hat for a few minutes here because over the time of putting schools _ constructing schools, there were several things that were disconcerting to me in terms of the request on the part of whether it was the planners or whether it was the Council or P&Z or whatever in terms of the amount of tax dollars that were expended in my view unnecessarily and let me just give you one example _ because we came and protested and I don't remember Wendell if you were part of the district at that time when we built the Charter High School on Locust Grove - okay, so we bought that piece of property, 40 acres and we came forward with a request to that school right there in the front and the conceptual plan at the time was to put six of those buildings, with a main building that would be a gym or common use building. A farmer came forward that lived 40 acres back and was concerned about trash that might blow up against or go into his field and that his cows might partake of - okay, jf any of you guys were here during this time, you can tell me I was way wrong, but at that time the Council listened to that and ( Meridian City Pre-CouncillVleeting October 25, 2005 Page 13 of 17 responded by asking the school district to put a chain link fence across the back of that 40 acre parcel, when in fact the developer was planning to sell, I mean the farmer was planning to sell and it was going to be developed. At the same time, if you think about that property, that elementary school sits back in the back of those 40 acres in an $800,000 road for the city. Now, I guess you could make a point that we - see I still talk in the "we's". But, you could make a case, I guess, that the taxpayers are paying one way or the other, but that road is totally unnecessary at this point and as are the sidewalks that are all along there that nobody walks on because nobody really walks to that building. Most of the children that go to that building are bussed in there. So, I guess, the concern that I have is when we make these kinds of requirements that are spending in my view unnecessary dollars and I think that we have to be really conscious of that and if in fact, ACHD receives the funding, the impact fees to put in sidewalks and roads, while I agree with you Mayor that we all have to be concerned about our community, if that is their responsibility then they are the ones that should be making sure that that happens. Which, it certainly did not happen at Sawtooth and maybe I am speaking for developers, too. Okay, do you want me to get off my soapbox, now? Rountree: Sure. Donnell: Okay. It's just an ongoing concern I have that we seem to just pass the buck around from one taxpaying entity to another. So, having said that I think we need to be careful about what we require. There we go. Wardle: Thank you, well said. Someone want to help me get back on track? I believe that Council member Donnell had a question for Mr. Siddoway before that? Donnell: Oh, I did. Where was I going with that? Oh, no maybe I asked it in terms of whose responsibility is for those sidewalks, but. Siddoway: I think the Mayor covered it. Donnell: Oh, Bruce, you go away. De Weerd: No, don't go away Bruce. Siddoway: Typically, the sidewalks from my perspective are built by as development occurs so the typical process through which we obtain sidewalks is through development. Now, what we have done here is identify areas where there is not approved development, so the question is in the absence of development, what then happens? In a way, it's no one's responsibility and in a way it's all of our responsibility and it just seems like in a situation where we can look at what's coming and we have at the table the largest school district in the state and the largest highway district in the state and one of the largest cities in ( ~ Meridian City Pre-Council Meeting October 25, 2005 Page 14 of 17 the state, we ought to be able to come to some kind of an agreement or understanding on how to get the sidewalks there. I don't know what that is yet. Donnell: And share in the expense as well, right? Siddoway: I don't know what that is yet, but I am raising the question. Wardle: Mr. Siddoway, just one of my comments in regard to this map. One of the concerns that I have is with the Rocky Mountain High School and that being while most of those students may drive or be bussed to that, certainly, there are other events which may draw community members from the subdivision in the neighborhoods and so I think that specific piece of property is one that is far enough out in planning and will be a large enough construction site that we should look at the connectivity, especially if we are only talking about several out parcels in that. So, that would be one of my recommendations is to look at the connectivity to that specific high school. It appears to me that the majority of the rest of the projects will come forward either as additional development as brought forward or their build out. Siddoway: One other thing that I would offer in terms of what the city can do and the Mayor touched on this. But, we have had pre-apps recently. Thinking about the sites around here, there is Middle School in particular. We had a pre-app on this property; there is no final application, yet, but we know there is someone out there and apparently, I also just heard that there was a very recent pre-app on this property. Now, since these are annexations we could require development agreement and as part of that development agreement say that the sidewalks fronting Meridian and McMillan need to be done whatever the first phase is. I mean, that is something that the city could require of development when development does come in. So, we just offer that as a suggestion and then I will step aside and let maybe Bruce and Wendell speak. I think they both have things that they would like to say. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: Before Bruce gets up here because I know what he will say is they are responsible for arterials and the interior local roads are generally done by the developer. Wardle: Mr. Mills. Mills: Actually, that isn't what I was going to say. I just want to make a clarification; the impact fees that we collect do not go towards sidewalks. Sidewalks do not cover new impact fees. That does not mean that we don't collect money that we can use for sidewalks. We have fuel tax. We have Meridian City Pre-Council Meeting October 25, 2005 Page 1 5 of 17 property taxes. Some of that goes towards maintaining the existing roads that we have. Some of it goes towards collectors, which you are correct, Madame Mayor, are not in our impact fee program and some of it goes towards spot improvements needed (inaudible) arterials that are not capital improvements plan. I just wanted to say that the impact fees that we collect from developers are strictly for adding new lanes to the roads that we have; additional capacity improvements. When we went through our last impact fee ordinance, we had quite a few people from the development community on the task force and they did not wish to see impact fees go towards sidewalks because they wanted to see all that money goes just towards moving cars. So, it went out into the lanes. That being said, I just wanted to throw a comment. It's a challenge and I don't want to try and throw cold water on it. This is very important _ (Tape turned over) Mills: -- talk to. It's still a tough issue to try to figure out if we can come up with a solution on it. Sometimes when we have enough right-of-way, we can fit some type of a temporary measure out there, a separated pave, asphalt pathway that is not maybe the permanent solution with the concrete sidewalk, but we have got some challenges on that one. We have them on all of them and I realize that the school district - you know I talked with Wendell many times and they have the challenges of trying to locate a facility and it's pretty to locate it when it's already built up around here and find a large enough parcel. I don't want to brush the issue aside because it's very important and we do need to work together and try to find some creative solution. It's a quandary. Donnell: Thanks, Bruce. Wardle: Wendell, if you would offer us an additional comment, please? Bigham: Mr. President, Council members shortly a couple of things and I don't mean to be beating up on anybody because this is exceedingly difficult discussion as we have all pointed out. I want to touch basis on Hunter Elementary first. It's designed with Bridgetower, Hunter Elementary, and Paramount Elementary absolute best situation for us. It's almost a square mile under the control of one developer, so the neighborhood inter-connectivity, which is crucial for an elementary school and in this part of the world, one elementary per square mile. That is an elementary school site if that is Locust Grove and is that where your new well is? Somewhere right there? That's an elementary school site to serve this square mile. Paramount serves this. This represents almost one of our worst-case scenarios where we got a school site very late in the process and Lochsa Falls basically chewed up that entire square mile. That's a less than desirable location, but beggars can't be choosers. McMillan exemplifies one real interesting problem. We have got the elementary school here. We have got great connectivity under the subdivision. We even have a turn around, a drop off area on the back of the school site that is just working out Meridian City Pre-CouncIl Ivleeting October 25, 2005 Page 16 of 17 wonderfully. Moms in slippers and Dads in housecoats dropping their kids off. Kind of scary actually. Maybe it's Halloween. The problem is the canal right through here, the people that are coming I think is from Kelly Creek that is across the street. We have got no way to get them across McMillan. You could throw a rock and hit the school, but they cannot get across McMillan because they have no sidewalks running east to west on Kiltie to get us down to where we can have a crossing guard to the driveway into the schooL So, what they do is they dart across the street and then they run across the plank that goes over the Settler's Irrigation (inaudible) structure and then squeeze through a hole in the fence. Not good. So, the canal is an interesting problem down through here. Middle schools serve about 3 ~ square miles, 3 square miles, three elementary schools (inaudible) middle school, so without growing a boundary I am going to go out on a limb and say this is probably the boundary between Sawtooth and Heritage Middle School, so this school it is important that it connects to this square mile and probably down here because a little (inaudible) on Eagle Road and nobody in their right mind would want to go that direction. So, sidewalks in this area and in the case of Rocky Mountain we are agreeable to widen the road in front of the school. It strikes me as odd that this whole development went in, but there is no real substantial roadway improvements associated with Lochsa Falls, totally expecting we will remedy that as part of the high schooL But, the bigger picture is if you could find the larger developers willing to somehow partner in a way and I don't mean to put words in ACHD's mouth that certain projects could be moved up on the five-year plan, that there is a way somehow to cause this road and this intersection to be driven - excuse me, this road here to be driven by some joint interest of that developer; that we could look at a larger structure road because the access is only a problem at our secondary schools. The elementary schools are lot and blocks within subdivisions and between our efforts and a real good job effort by Planning and Zoning; we get all the interconnecting walkways. It is the secondary schools and it is should we be looking at a larger chunk of road? How can we partner? How can we leverage with ACHD that greater good to do the roadway and you need to do an intersection when you do the road. Does you no good to have a really big road that goes to a four-way stop. We are open to that discussion, we are just very reluctant to spend too many of the dollars off- site or sidewalks because no one can give us vertical, horizontal control. The right-of-way for the sidewalks may not exist, so even if we were desirous, we got no place upon which to put them. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: I guess the first step was what Robin and Steve came together with on our map. I think the next step is the schools, the city and the Highway District getting together and finding out more what the attendant's boundaries are; where the challenges might be and what we can affect as development occurs and looking at annexation and conditions and working with the developers. Our staff ( Meridian City Pre-Council Meeting October 25,2005 Page 17 of 17 have a great opportunity when they walk into the door at the pre-application stage to say these are the concerns, this is the interests of the elected officials and this is kind of what they are hoping to see, so that expectations are laid out in advance and they have an opportunity to be part of the solution, so I think if all of the entities get together and put their heads into this we can find something that will achieve that safety goal of getting our kids to and from school in a safe manner and hopefully avoiding the Sawtooths situations that these future schools coming on. Wardle: Thank you I would like to thank Mr. Bigham for coming tonight. Thank the school district for being a part of this discussion in coming to the table and bringing these issues forward and certainly we look forward to working in the future. Also thank the school district for loaning us one of their fine retired employees to help open our eyes here on the Council and we look forward to further discussions. Council, with that, we are near the end of appointed agenda. Do I hear a motion to adjourn? Rountree: So moved. Bird: Second. Wardle: It's been moved and seconded to adjourn. All in favor? ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /1/ '1/tlf? DA TE APPROVED t 'P (m ~ Pvs-t frv 'Puh r.iL /fJf; fr - 7h CfA1 "s / MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine DOTIllelI Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/846-7366 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 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF PREDCOUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, October 25,2005 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: Discussion Concerning School/Park Property with Wendell Bigham from Meridian School District Discussion Concerning Elementary School Process with Wendell Bigham from Meridian School District The public is welcome to attend the meeting. DATED this 21st day of October, 2005. JI~.p Meridian City Pre-Council Meeting Agenda - October 25, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO A VENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATIORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119 Printed On recycled paper October 21 , 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 25, 2005 ITEM NO. 3 REQUEST Discussion Concerning School/Park Property with Wendell Bigham from Meridian School District 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: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS ~ ~[~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 21, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 25, 2005 ITEM NO. 4 REQUEST Discussion Concerning Elementary School Process with Wendell Bigham from Meridian Schoo District 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: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS 1~~ J;I ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shalt become property of the City of Meridian. ** TX CONFIRMAlION REPORT ** AS OF OCT 24 ' I2IS 11: 51 PAGE. 1211 CITY OF MERIDiAN DATE TI ME TO/FROM MODE M I N/SEC PGS CMDlt STATUS ----~~---=~~=~_::~=~-~~~=~=-~~~~:_--------_:===:_--~~~=~~-~~=----_:~~----~~----------------- , ~i: <P(gCL~ ?fJ~-t frv rl/.J?l-<'c tV ofi ~ - 7hCfM t-s./ "V /'" (;rry 01' '-/Vler/vI/in ':',{", ~lI)AHO l "(;""'<>t o. ....' .ljlI:A$U{'l:.-:'\il'J, Illjt~ 1I1l1l: MAYOR J~mlllY de We",rd ern COUNCIl. MnMIlERS Keith Bird Christine Donnell Chnrles M. l~ountl'ec Sh~lJn Wardle CITY DEPARTMENTS Fir(' 540 t. rT<ulklin RO;JO 888-1234/ fa" 895-0390 Park:; & Recr!;:i1ti011 11 W. lloweT Street. 8H8.3579 1 fall. 898-5501 I'Janning 660 E. Wnte,"towerLane Suite 202 8S4-5533 I fax 8$8-6844 Police 1.401 E. Wiltertowcr Lilne 888.6678 1 846.7366 Public Work.~ 660 E, Wa tertower I.une Suit(' 200 898-55UO ! fax 898-9551 - Build ing 660 E. Watertowcl' Lane Suite 150 887-221] ! fax 887-1297 - Wastewater 34U1 N. Ten Mile Road 888-2] 91 1 fax 884.0744 - Water 2235 N. w. 8th Street 888-52421 fax 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNC'L NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday~ October 25, 2005 at 6:00 P_M. The Meridian City Council will be discussing the following agenda items: Discussion Concerning School/Park Property with Wendell Bigham from Meridian School District Discussion Concerning Elementary School Process with Wendell Bigham from MeridIan School District The public is welcome to attend the meeting. DATED this 21st day of October, 2005, AdLP Meridian City Pre-councll Meeting Agenda - October 25. 2005 Page 1 of 1 All materials presented at public. meetings shall become property of the City of MerIdian. Anyone desJring accommodation for disabilities related to documents andlor hearJnQs. please contact the City Clerk's Office at 888-4433 at least 48 h ours prior to the public meeting. em' HALl.. 33 EAST IDAHO A Vfu\lUE MERIDIAN, IDAHO 83642 (208) 888-4433 Q'l Y CLERK - FAX SBS"J21~ C.'llY ArrORNEY / fH( - fAX B~H172J FIN A NCUc UTIl.ITY EILUNC fAX BSNUl ~ MAY01~'S OFfICI::. J'AX BS1.fill ~ Printed on re<:ycl.d poper --1)\) 1-,1 IL. ~,l~t, (C ':"1\1\ OJ, )CS \1 PRE-COUNCil MEETING AGENDA Tuesday, October 25, 2005 at 6:00 p.m. City Council Chambers 33 East Idaho Avenue1 Meridian, Idaho 1. Rolf-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 3. Discussion Concerning School I Park Property with Wendell Bigham from Meridian School: (15 minutes*) 4. Discussion Concerning Elementary School Process with Wendell Bigham from Meridian School: (15 minutes*) * Approximate allowable time set for agenda item may change depending on the discussion. Please us the designated minutes as a guideline only. Meridian City Council Pre-Council Meeting Agenda - October 25, 2005 Page 1 of 1 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 feast 48 hours prior to the public meeting. ** TX CONF I RMH, j ON REPORT ** AS OF OCT 21 16: 46 PAGE. 01 CITY OF MERIDIAN DATE TI ME TO/FROM MODE M r N/SEC PGS CMDl:t STATUS 30 10/21 16: 44 PUBLIC WORKS EC--S 00' 22" 001 240 OK 31 10/21 16: 45 8848723 EC--S 00' 22" 001 240 OK ---_::_--=~~:=-=~~~~-~~~===~---------------=:==:_--~~~::~-~~=----_:~~----~~----------------- fl ((IE L f 0_"1 -1;(.( +-(,1})k:... 'N\t\((.. - I 11\ (.t..l'j \CS \' ~(J /",,,,.,,,. ~~)~t '. '-/l/l eridia-n ); \. ~,;,i PRE-COUNCIL MEETING AGENDA Tuesday, October 25, 2005 at 6:00 p-m. City Council Chambers 33 East Idaho Avenue, Meridian. Idaho 1. Roll-call Attendance: Shaun Wardle Christine DonneJJ ~ Charlie Rountree ==== Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: "Although the City of Meridian no longer reqUires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. IJ 3. Discussion Concerning School I Park Property with Wendell Bigham from Meridian School: (15 rninutes*) 4. Discussion Concerning Elementary School Process with Wendell Bigham from Meridian School: (15 minutes*) '* Approximate allowable time set for agenda item may Change depending on the discussion. Please us the designated minutes as a guideline only. Meridian City Council Pre-Council MMtlng Agenda - October 25. 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documenbl and/or hearing, please contact the City Clerk's Offica at 888-4433 at leas! 48 hours prior to the PUblic meeting. CITY OF MERIDIRN DRTE TIME TO/FROM MODE MIWSEC PGS CMDII STATUS 18 10/21 17:04 8848723 EC--5 00'28" 001 246 OK 19 10/21 17' 05 8841159 EC--S 0e' 29" e01 245 OK 20 10/21 17:S6 2008840744 EC--s 0e'29" 001 246 OK 21 10/21 17'07 POLICE: DEPT EC--S 00'28" 001 246 OK 22 10/21 17:00 8985501 EC--S 00'27" 0el 246 OK 23 10/21 17:09 LIBRRRY EC--S 00'35" 001 246 OK 24 10/21 17: 10 92083776449 EC--5 1313'28" 001 246 OK 25 113/21 17: 11 3885924 EC--S 00' 28" 001 246 OK 26 113/21 17: 12 P-FlND-Z EC--5 1313' 29" e01 246 OK 27 10/21 17:13 ALL AMERICAN INS EC--S 00'28" 001 246 OK 28 10/21 17' 14 FIRE DEPT EC--5 130' 28" 001 246 OK 29 10/21 17: 15 1283001340 G3--s 1313' 32" 001 246 OK 30 113/21 17: 16 2138 387 6393 EC--S 130' 28" 1301 246 OK 31 10/21 17'17 ADA CTY DEUELMT EC--s 1313'28" 001 246 OK 32 113/21 17' 18 2i:l88885052 EC--s 0i:l' 29" 001 246 OK ------------------------------------------------------------------------------------------- :fj (\)1 ~ fl c, ~'i1-t. .frv ruJ.? lAc filDfi &. - U,ClM ~s./ DW;;;dzan" ..\ ne~~ ~, """'~< ~ml MAYOR j~ mlny de W~~rd ern' COUNCIL. Mm"lijJ::/,S K~ith Bird CI.ristinc l)onne]] elM ,les M. Hountree Sh6un W~rdle CITY DEPltRTM!!NTS Fir~ 5QO E, f'nll1klin Hood 8B8-1234 / f,,~ 595-0S9o Pll,'kS & ReCl"l!iJtion 11 W. !:low..,. Slreet 888-3579 / ["X 898.5501 }.JJanning 660 E. WMertow.., Lone Suitc 202 884-5533 I fox 888-6844 Police 1401 E. WUleIlOwcr l<me 888-6678 I 846-7366 Pubhc Work. 660 E. W"t(l'('tower t""ne Suit~ 200 898-55UO / fax 898.9551 . Building 660 E. Wotcrtower L'me Suite ISO 887-22]] I fax 887-1297 . Wastewater 3401 N. Ten Mile Road 888-2191 I fax 884-0744 - Water 2235 N. W. 81h Street llRS-5242 / fox 88~-l159 NOTICE OF PRE-COUNCIL MEETrNG MERIDIAN CITY COUNCIL NOTICE IS HEREBY GJVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on TueSday, October 25, 2005 at 6:00 P.M. The Meridian City Council will be diSCUSsing the following agenda items: Discussion Concerning SChool/Park Property with Wendell Bigham from MeridIan SchOOl District Discussion Concerning Elementary School Process with Wendell Bigham from Meridian School District The public is welcome 10 attend the meeting. DATED this 21 Sf day of October, 2005. AdL-P O,<,,=-,S~'~^;;~A;;~'}.::,~,~~':';" ~!,:",;:,.;;:::;,~~ ~~,~~t~~~~'" _."." . Ptinted on rC'~!!:d P,llX"r Meridian City P!ll-Councll Mosling Agenda - OctOber 2$. 2005 Paga 1 of 1 All material~ preSentecl al pUblic: meetings shall become properly of lhe City or MerIdian, Ple8~~~~';:e~~~~b~~:~~~~~~ ~~ :J~~~f;i~~~4~ h~:~~6~I~i~O~~~I~:~:~6n9. ,1ATI ON REPORT ** CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDII STATUS 132 10/21 16'48 2088840744 EC--S 1J0'23" 001 2413 OK 03 1IJ/21 16:49 POLICE DEPT EC--S 00'22" 001 241J OK 134 10/21 16:513 8985501 EC--S eEl' 22" 001 2413 OK 05 10/21 16=51 LIBRARY EC--S 00'25" 1J01 240 OK 06 101'21 16:52 92083776449 EC--S 00'22" 001 240 OK e7 10/21 16:523886924 EC--S 00'22" 001 240 OK El8 101'21 16: 54 P-AND-Z EC--S la0' 22" 001 240 OK la9 lla/21 16:55 FIRE DEPT EC--S 00' 22" 001 2413 OK lla 113/21 16=56 1283la0040 G3--S 013'28" 001 240 OK 11 1El/21 16:57 208 387 6393 EC--S 00'22" 001 24e OK 12 10/21 16: 58 ADA CTY DEUELMT EC--S 1313' 22" 001 2413 OK 13 1l:'l/21 16:59 2088885052 EC--S 013' 23" 001 240 OK 14 113/21 17=00 LAKEUIEW GOLFCOU G3--S la0'40" 001 240 OK 15 10/21 17:la1 IDAHO ATHLETIC C EC--S 00'21" 001 240 OK 16 1131'21 17:02 10 PRESS TRIBUNE EC--S 00'23" 001 2413 OK 17 113/21 17'03 2088886701 EC--S 00'22" 001 240 OK ........------...--...------.......-----....-........----...-.......-------....--....-------...-...------....-.......-----...-....------.....--........- f\Cl\,SL r {i_--j -\c..( Yt}l",hc- 'N\T\(C - I \J1(U'\\('<; ~,1 <,,,,.,,,. X'~J~ . ~ridian ,.l; \. ~,"~:;f PRE-COUNCIL MEETING AGENDA Tuesday, October 25,2005 at 6:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. RolI.call Attendance: Shaun Wardle _ Christine Donnell - Charlie Rountree Keith Bird - _MayorTammydeWeerd 2. Adoption of the Agenda: NAlthough the City of Meridian no longer requires SWorn testimony, alf presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter, ~ 3. Discussion Concerning School I Park Property with Wendell Bigham from Meridian School: (15 miIJutes*) 4. Discussion Concerning Elementary School Process with Wendell Bigham from Meridian SchOol: (15 minutes*) ~ Approximate allowable time set for agenda item may change depending on the discussion. Please us the deSignated minutes as a guideline only. Meridian City Council Pre-Council Meellng Agenda - Oclobw 25, 2005 Page 1 of 1 All materials presented at pUblic meetings shall become property of Ihe City of Mendlan. Anyone desi'ing accommodation for disab,rmes related to documents andlor hearing, please conlacllh.. City Clerk's Office at 888-4433 at leaSl48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 25,2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ~ Shaun Wardle ~ Christine Donnell ~ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: Jenna Layne 3. Community Invocation by Joe Anderson, with Cole Community Church: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of August 30, 2005 City Council Special Meeting / Joint Workshop: Approve B. Approve Minutes of October 4,2005 City Council Regular Meeting: Approve C. Amended Findings of Fact and Conclusions of Law for Approval: AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Approve D. Amended Findings of Fact and Conclusions of Law for Approval: PP 05-030 Request for Preliminary Plat approval of 24 residential building lots and 4 common area lots on 5.10 acres in a proposed R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Approve E. Amended Findings of Fact and Conclusions of Law for Approval: V AR 05-018 Request for a Variance to reduce the street side setback to 10 feet for Windwalker Subdivision by Meridian City Council Agenda - October 25,2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Beckit Development, Inc. - 2770 South Locust Grove Road: Approve F. Contract for the Support Services for ExistinCl Model Update with JUB Enaineers. Inc.: Approve G. Sewer Collection System Maintenance Proaram Peer Review with CH2M HILL. Inc.: Approve H. Chanae Order No.1 for the McMillan Water Extension Proiect with Masco. Inc.: Approve Sanitary Sewer and Water Main Easement Aareement for Jackson's Food Store: Approve J. Aareement for Professional Services for Miscellaneous NPDES Permit Assistance with CH2Mhill: Approve K. FY2006 Budaet Amendment for Building Department for Full Time Department Specialist: Approve L. Award of Bid for Well 26 & 27 Control Svstem Installation to Custom Electric: Approve M. Power Easement for Well No. 26: Approve 6. Department Reports: A. Parks Department - Doug Strong 1. Further Discussion of Land and Water Conservation Fund arant for Splashpad at Meridian Settler's Park from October 4, 2005: Refuse Grant - Write Letter Approve $45,000.00 for Splash pad from Impact Fees B. Planning Department: Steve Siddoway 1. Discussion of Meridian's Transportation Task Force Priority List and Recommendations: Approve Revised List C. City Attorney - Bill Nary 1. Land Fill Recommendation by SWAC: Recommendation Approve Meridian City Council Agenda - October 25, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Items Moved from Consent Agenda: ''Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 8. Pretermination HearinQ for Rvan Wixson at 4343 East Enalish: Prepare Findings of Fact and Conclusions of Law for Changing Turn on Fee 9. Reconsideration of Findings of Fact and Conclusions of Law for Approval: CUP 05-040 Request for a Conditional Use Permit to modify the Conditions of Approval for CUP 03-050, in order to allow the existing building at 703 North Main Street to remain and to allow a public use in the 0- T zone for Farmers and Merchants State Bank by Farmers and Merchants State Bank - 703 North Main Street: Reconsider - Public Hearing set for November 15, 2005 with additional fees paid by Farmers and Merchants 10. FP 05-062: Request for Final Plat approval for 12 commercial building lots and 2 common area lots on 4.65 acres in an L-O zone for Paramount Villaae Center Subdivision (fka Julie Subdivision) by Engineering Northwest, LLC - east of North Linder Road and north of McMillan Road: Approve 11. TE 05-009: Request for approval of a second one-year time extension to commence work on the approved conditional use permit for Finish Line Automotive by Lee Kallenberger - NEC of West Franklin Road and North West 10th Street: Remove from Agenda and Apply Fees 12. Public Hearing: MI 05-011 Request to remove the approved development agreement for The Plavaround. Inc. by Ronald Van Auker - 1822 East Overland Road: Approve 13. Public Hearing: RP 05-003 Request to split one parcel into two parcels for Linda Yanke by Linda Yanke - north of West Franklin Road and east of Linder Road: Approve 14. Amendment to Ordinance No. 05-1192 : AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Approve 15. Ordinance No. 05-1196 : Enacting a New Title 7, Chapter 1, Section 12, Meridian City Code Making It Unlawful to Drive in a Nealiaent Manner: Approve Meridian City Council Agenda - October 25, 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 16. Ordinance No. 05-1197 Amending Title 2, Chapter 3, Section 2 of the Meridian City Code Regarding Membershio for the Traffic Safety Commission: Approve 17. Executive Session per Idaho State Code 67-2345(1)(c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Agenda - October 25. 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, 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, October 25, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ;< Shaun Wardle -----K- Christine Donnell ~ Charlie Rountree -X- Keith Bird ----X- Mayor Tammy de Weerd 2. Pledge of Allegiance: Jell rt (,L td fJ /t.e- 3. Community Invocation by Joe Anderson, with Cole Community Church: LtuA/ltL 4. Adoption of the Agenda: a f>pY'P V'<.-- 5. Consent Agenda: A. Approve Minutes of August 30, 2005 City Council Special Meeting I Joint Workshop: tifPyVI v<.- B. Approve Minutes of October 4,2005 City Council Regular Meeting: ,*?,r7JI/<.-- C. Amended Findings of Fact and Conclusions of Law for Approval: AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: af~1/'t; D. Amended Findings of Fact and Conclusions of Law for Approval: PP 05-030 Request for Preliminary Plat approval of 24 residential building lots and 4 common area lots on 5.10 acres in a proposed R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Clppro v'L E. Amended Findings of Fact and Conclusions of Law for Approval: VAR 05-018 Request for a Variance to reduce the street side setback to 10 feet for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: ar;;ro ~ Meridian City Council Agenda - October 25, 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Contract for the Support Services for Existina Model Update with JUB Enaineers. Inc.: df/ffPVlL G. Sewer Collection Svstem Maintenance Proaram Peer Review with CH2M HILL. Inc.: CYfI"'D V1..L H. Chanae Order No.1 for the McMillan Water Extension Proiect with Masco. Inc.: Clff"N ~ Sanitarv Sewer and Water Main Easement Aareement for Jackson's Food Store: affJ'rtJ ne- J. Aareement for Professional Services for Miscellaneous NPDES Permit Assistance with CH2Mhill: tlf'fJ"'Wv.<- K. FY2006 Budaet Amendment for Buildina Department for Full Time Department Specialist: ClfJ1n:'/r.t.-- L. Award of Bid for Well 26 & 27 Control Svstem Installation to Custom Electric: Ib~frl..- M. Power Easement for Well No. 26: a?(J~ 6. Department Reports: A. Parks Department - Doug Strong 1. Further Discussion of Land and Water Conservation Fund arant for Splashpad at Meridian Settler's Park from October 4, 2005: relur e..- r~fV-r -- wl-J?< le..f:k-v - t c I)/~f/\L ~4S)(JPP. d~ Ti:rr- J/o/atfA.../Jt:<.c( ..{nnr.- Lmpa-v. {-:e.er Planning Department: Steve Siddoway B. C. 1. Discussion of Meridian's Transportation Task Force Priority List and Recommendations: a-~~ /tLV1~h,}f- City Attorney - Bill Nary 1. Land Fill Recommendation by SWAC: ~ ajTflY'?~ r~~/T1rl ~4..A/n ~ 7. Items Moved from Consent Agenda: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " Meridian City Council Agenda - October 25,2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Pretermination Hearino for Ryan Wixson at 4343 East Enalish: jUreplVtl.. .pt f ~ tit {br oA.~~ ~~ Reconsideration of Findings of 1=aCf and Conclusions of Law for Approval: CUP 05-040 Request for a Conditional Use Permit to modify the Conditions of Approval for CUP 03-050, in order to allow the existing building at 703 North Main Street to remain and to allow a public use in the Q-T zone for Farmers and Merchants State Bank by Farmers and Merchants State Bank - 703 North Main Street: f1.- dd;n~k.s recd"IvJ'/dJrv - ;;/ A. J:~I- kr- 11-/5'-f)~ tv' a. pdtf&L.);!J p~Jz... FP 05-062: Request for Final Plat approval for 12 commercial building lots and 2 common area lots on 4.65 acres in an L-O zone for Paramount Villaae Center Subdivision (fka Julie Subdivision) by Engineering Northwest, LLC - east of North Linder Road and north of McMillan Road: ~Plr.e.. f TE 05-009: Request for approval of a second one-year time extension to commence work on the approved conditional use permit for Finish Line Automotive by Lee KallenberQ,er - NEC of West Franklin Road and North West 10th Street: Y-Ull--OV.e- ~aO"hclA.t -I ~,fJfJl:f lieS' Public Hearing: MI 05-011 Request to remove the approved development agreement for The Playaround. Inc. by Ronald Van Auker- 1822 East Overland Road: ~~ Public Hearing: RP 05-003 Request to split one parcel into two parcels for Linda Yanke by Linda Yanke - north of West Franklin Road and east of Linder Road: tit-'/rvv- Amendment to Ordinance No. 05-1192 : AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: ~e tt,.f1n'~ Ordinance No. IJ 5 -I / '16 Enacting a New Title 7, Chapter 1, Section 12, Meridian City Code Making It Unlawful to Drive in a Nealiaent Manner: ~V'Z. Ordinance No. &5-//0/1 : Amending Title 2, Chapter 3, Section 2 of the Meridian City Code Regarding Membership for the Traffic Safety Commission: ClflPHV1<-- Executive Session per Idaho State Code 67-2345(1 )(c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): 9. 10. 11. 12. 13. 14. 15. 16. 17. Meridian City Council Agenda - October 25,2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MERIDIAN CITY COUNCIL MEETING APPLICANT November 15, 2005 ITEM NO. 5-8 REQUEST Approve Minutes of October 25,2005 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: ~.r/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meetina October 25. 2005 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, October 25,2005, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Christine Donnell. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Bill Musser, Ron Anderson, Craig Hood, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle -L..Christine Donnell -L Charlie Rountree ~Keith Bird ~ Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the City Council meeting to order. It is Tuesday, October 25th. It is 7:05. Welcome. We appreciate you joining us this evening. We will start tonight with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No.2 is the pledge of allegiance. We will be led tonight by Jenna Layne. If you will all rise? (Pledge of Allegiance recited.) Item 3: Community Invocation by Lauren Winter. De Weerd: Jenna, I have a City of Meridian pin. Thank you. I think that gains you bonus points, by the way. Item No.3 is our community invocation and tonight we will be led by Lauren Winter. Oh, I'm sorry. If you will, please, all join us in the invocation or take this as an opportunity for a moment of silence. Winter: Father in Heaven, we are thankful that we are able to meet tonight. Please bless that we can have wisdom in this meeting, that we can make the decisions, and we say these things in the name of Jesus Christ, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. I also have a City of Meridian pin for you, too. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? Meridian City Council October 25, 2005 Page 2 of 41 De Weerd: Mr. Bird. Bird: I would move that we adopt the agenda as published. Rountree: Second. De Weerd: Okay. Motion is to adopt the agenda as published. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of August 30,2005 City Council Special Meeting I Joint Workshop: B. Approve Minutes of October 4, 2005 City Council Regular Meeting: C. Amended Findings of Fact and Conclusions of Law for Approval: AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: D. Amended Findings of Fact and Conclusions of Law for Approval: PP 05-030 Request for Preliminary Plat approval of 24 residential building lots and 4 common area lots on 5.10 acres in a proposed R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: E. Amended Findings of Fact and Conclusions of Law for Approval: VAR 05-018 Request for a Variance to reduce the street side setback to 10 feet for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: F. Contract for the Support Services for Existino Model Update with JUB Enoineers. Inc.: G. Sewer Collection Svstem Maintenance Prooram Peer Review with CH2M HILL. Inc.: H. Chanoe Order No. 1 for the McMillan Water Extension Proiect with Masco. Inc.: Sanitarv Sewer and Water Main Easement Aoreement for Jackson's Food Store: Meridian City Council October 25. 2005 Page 3 of 41 J. Aareement for Professional Services for Miscellaneous NPDES Permit Assistance with CH2Mhill: K. FY2006 Budaet Amendment for Buildina Department for Full Time Department Specialist: L. Award of Bid for Well 26 & 27 Control System Installation to Custom Electric: M. Power Easement for Well No. 26: De Weerd: Item 5. Mr. Bird. Bird: Madam Mayor, I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department - Doug Strong 1. Further Discussion of Land and Water Conservation Fund arant for Splashoad at Meridian Settler's Park from October 4,2005: De Weerd: Item 6, our Department Reports. We will start with Mr. Strong as the parks department. Strong: Thank you, Madam Mayor, Members of the Council. As you will recall on the October 4th City Council meeting, we discussed the Land and Water grant that we were awarded from the National Parks Service through the Idaho State Parks. I'd certainly answer any additional questions that you have had the opportunity to think about since then. What I'm here for tonight is to recommend that we not accept that grant and to request that the 45,000 dollars that we would have gotten from the grant, that we use additional impact fees to build the water splash pad, phase two, of the Adventure Island Playground. So, with that as an introduction, I'll entertain questions or concerns about that proposal. Meridian City Council October 25, 2005 Page 4 of 41 De Weerd: Okay. Council, any discussion? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Could you -- Mr. Strong, could you explain to us why you're making that recommendation not to accept that grant? De Weerd: I think Councilwoman Donnell wasn't here when we had this discussion. Donnell: I was not. I apologize. You can do it briefly. Strong: Madam Mayor and Councilwoman Donnell, the primary reason for refusal of the grant -- or requesting that we deny accepting the grant is a requirement of the Land and Water Fund is that you establish what they call 6-F boundaries for property, the property that's involved in the project. As we started the project, boundaries were first described around just where the playground area is, the entrance into the park, and the parking lot, so -- because access is a part of the condition of the grant. As we got further into the project, they wanted to draw straight lines on the west side north and, then, from that intersection back east to Meridian Road, which took a larger chunk of the park that would forever be tied up in 6-F boundary description by the National Parks Service for a 45,000 dollar grant and a million dollar project. So, as it progressed it seemed like a lot of encumbrance to the project for the amount of dollar value that we are getting from the grant. Donnell: Okay. Thank you. De Weerd: Thank you, Mr. Strong. I will need a motion from Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we refuse the Land and Water Conservation grant for the splash pad at Meridian Settler's Park as recommended by the director. Donnell: Second. De Weerd: Okay. The motion is to deny use of the grant, but, Mr. Nary, can -- in the same motion can we request impact fees to pay for that portion? Nary: Madam Mayor, because you have got an expenditure, you should probably separate those into two separate actions. Meridian City Council October 25, 2005 Page 5 of 41 De Weerd: Okay. Thank you. Okay. If there is no further discussion, Mr. Berg? Rountree: Madam Mayor? De Weerd: I'm sorry. Mr. Rountree. Rountree: On that particular item, you know, it's kind of painful to do that, but I understand the constraints that 6-F imply to the particular property you're talking about and I agree with your recommendation. I think that a letter to our congressional delegation indicating the appreciation for the Land and Water Conservation Fund program, however, the constraints that that program puts on locals, in some cases unknowingly, should be pointed out and that, though, we appreciate the opportunity, we have had to deny it based on the inability to negotiate a reasonable agreement with the parks service and if the parks commission and legal counsel could craft that for the Mayor's signature, I think that that would -- would be appropriate. De Weerd: I appreciate that. I have talked to Senator Crapo's office, Senator Craig when he was here last week for his town hall meeting, and also a staffer for Congressman Otter. So, they are all aware, because they all had e-mailed me or faxed me that we did receive the award. So, I did notice them in return, but I do think that that is an appropriate letter and we will get that sent out. Appreciate that. Rountree: Thank you. De Weerd: If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Now, I will need a motion to approve 45,000 in impact fees. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we do authorize 45,000 dollars to replace what this grant would have provided from impact fees. Rountree: Second. De Weerd: Okay. Motion to use impact fees to cover the 45,000 dollars. Is there any discussion on this item? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. Meridian City Council October 25, 2005 Page 6 of 41 MOTION CARRIED: ALL AYES. B. Planning Department: Steve Siddoway 1. Discussion of Meridian's Transportation Task Force Priority List and Recommendations: De Weerd: Thank you. Item B is our Planning Department. Mr. Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. Based on the discussion last week of the proposed priority list, I did meet with Mayor de Weerd and what I have before you here is what is proposed as the revised transportation priority list. What I have highlighted in yellow are those road projects that have moved significantly from where you saw them before. The others have simply been renumbered in the order that they were already in. But what you see is that Ten Mile Road from Franklin to Ustick moved up, followed by Franklin to Ten Mile to Linder. Now, both of those are in to emphasize the need to get the roads in the Ten Mile area ready for the Ten Mile interchange. Second of all, just following down, the Linder-Ustick intersection was moved up and the Linder-Pine intersection was added to the list and those would round out the top five ACHD projects and those intersection projects would -- were raised in priority in response to the idea of agreeing to postpone the road widening project in order to promote the split corridor ahead in the work -- in the five year work program. The other two changes that you see below, Chinden Boulevard and Linder Road overpass, those two have switched places in recognition that Chinden Boulevard has been talked about and on the plans for awhile, Linder Road, while a desire, has not been on a funded project list to this date. If you go to the next slide quickly, what I have done here is I have pulled out what would be the top five projects for ACHD that would receive bonus points in their prioritization process. The downtown split corridor, Ten Mile Road, Franklin Road, and the two Linder intersections. The top ITD projects would now be Ten Mile interchange as number one, rebuild of Meridian Road interchange and Chinden Boulevard widening, the Eagle Road corridor improvements, State Highway 16, and, then, the Linder overpass. And I already mentioned the items that are noted beneath there. So, with that I'll pause and take any questions or discussion. De Weerd: Okay. Council, any discussion? Rountree: Madam Mayor, I think Steve and Mayor have done a good job of listening to what we had to say last week and [ think it's agreeable with me. I don't know about the rest of the Council. De Weerd: Council, we also did discuss, since this was from our Transportation Task Force, we wanted to kind of be able to differentiate why some of the changes were made and, basically, it's to support the construction and certainly the aggressive construction of the Ten Mile interchange with aligning the Ten Mile Road improvements of the local roads and, secondarily, with the Linder-Ustick and Linder-Pine intersections, Meridian City Council October 25, 2005 Page 7 of 41 those are more directly tied to safety concerns, which also necessitated their elevation in the list. So, I believe that there is a comfort level -- we can go back to the task force and give those explanations and feel comfortable in doing so. Mr. Wardle. Wardle: Madam Mayor -- and certainly while I echo Mr. Rountree's comments as to the work put in by Steve and the Mayor, this is a differentiation from what we saw come from the task force in the respect that the Linder overpass has been moved from the -- from their original recommendation and I'm looking here is to be ITD's number three top projects and just state my earlier comments from last meeting, in that I would recommend that we take the Transportation Task Force recommendations as they came from the committee. Siddoway: Madam Mayor? De Weerd: Yes, Mr. Siddoway. Siddoway: And, President Wardle, the recommendation -- is your thought specifically related to Linder and Chinden being swapped or is it related to the other projects as well? Wardle: My specific comments are related to Linder and the Chinden Boulevard coordination. Certainly, my comment on all these projects is they were very important to our community and need to happen sooner than later. I think that Linder, as an overpass, needs some thought, the community needs to start thinking about it and putting it in as a priority for that to happen. Donnell: Madam Mayor? De Weerd: Yes. Donnell: So, just as a follow up to Councilman Wardle's comments, is there any plan at all to meet with that transportation committee and go over this summary of revised priorities? Have they all been informed, those that were on the committee? Siddoway: We meet monthly and so we meet on the second Thursday of every month. We will meet again the second Thursday of November. Donnell: So follow up? De Weerd: Uh-huh. Donnell: So, are we, then, approving this list of priorities prior to this committee seeing this, then? Yes? Siddoway. Prior to them formally seeing the changes. The committee sent forward the list and the Council has final authority over what gets recommended onto ACHD and Meridian City Council October 25, 2005 Page 8 of 41 Compass. We discussed in general terms the -- some of the changes that had been talked about at our meeting in October. They did express a desire to convey to the Council that they hoped that you do provide some weight to the work that they have put into the list and ask that I -- that I convey that. Donnell: So, follow up? De Weerd: Yes. Donnell: So, at this point tonight are we approving these priorities or are we just being informed of these priorities until they come back to us after the committee meets? I'm unclear about where we are. Siddoway: We need -- our deadline is to get a final list to ACHD and Compass before the end of October. So, we need to take an action tonight. De Weerd: Mrs. Donnell, one of the problems is we have revised our Transportation Task Force and they used to meet annually and now we meet monthly and a lot of that is because of the challenges we have with transportation and the improved commitment, I think, to communication with our transportation agencies. We did prioritization of transportation projects a little different this year and I think we have some fine tuning of that and we gave dots and that kind of thing and it -- it needs some fine tuning. The priority list, as they submitted it, was a little bit skewed and they are elevating projects that were really far down in the path and also above projects that are in funded years that would be at risk and so some of that, again, we need to look at our process of prioritization next year and see how some of that -- the weighted -- those projects that are already on a funded year, you know, some of the details have different weighting to them. So, some of this is more symptomatic to the process that we used. And I agree with Councilman Wardle, every single one of these projects are needed and we just want to make sure, since our message has been one over this last year, that the message has some consistency to it as well, so we don't lose what we have gained. Donnell: Thank you. De Weerd: We do need to also turn this priority list to Compass, ITD, and ACHD by the end of the month. So, we do need Council action. Is there any further information needed by Councilor are we ready for a motion? I'm ready for a motion. I can't make it. Bird: I sit on the committee and I'm not going to make it. De Weerd: Pardon? Bird: I sit on that transport committee and I'm not going to make the motion. De Weerd: Okay. Meridian City Council October 25, 2005 Page 9 of 41 Donnell: And I guess at this point I'm not comfortable making that motion either until I'm assured that the task force is comfortable. And do you also sit on that task force, Mayor? De Weerd: Yes, I do. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Steve, explain to her how the task force went about it. I'm not saying that I'm against what this done, but sitting on the committee I don't think it's right and I don't believe -- I did not participate in their votes, I chose not to, because of this right here. And I don't think the Mayor chose -- De Weerd: I didn't -- Bird: We didn't participate in the votes, because we would have it this way, Christine, but let him explain how they went about their prioritization. Siddoway: Sure. The process that was used to come to the list was over the course of the summer we were educated by ACHD, ITD, Compass, on all the various projects and processes that were out there. There was, then, an open forum at which anyone could nominate any project for consideration. That laundry list of projects was compiled and in no particular order and, then, there was a voting process that was held. There was a ballot created with all 30 projects. They were distributed to each of the members at the meeting. Every member was given a certain number of points that they could put on their own priorities with the maximum number that they could put towards anyone and, then, all of the ballots were, then, taken, counted, and tallied, put up on the board for everyone to see and there was a couple that were moved around by discussion of the full group and, in general, everyone said that they could support -- I think the general feeling was, well, it's not exactly the order that I would have put them in myself, but I agree that this is the consensus of the committee and it seemed reasonable and I'm willing to support it and, in the end, we had a consensus vote to send it forward to Council. Donnell: Okay. De Weerd: And it did seem like there was a consensus that there weren't too many that would -- would personally have prioritized them the way they fell out. So, that's why I said there is need -- there is work needed on how we do that next year. And we don't have time to take it to the task force before the deadline that has been given to us. Donnell: I am going to ask one more question, please, Madam Mayor. Meridian City Council October 25, 2005 Page 10 of 41 De Weerd: Okay. Mrs. Donnell. Donnell: You say that this has to go to the -- to Compass and ITD and ACHD before the end of October. What is the penalty if it goes after the end of October, so that there would be an opportunity, if not by e-mail.by -- you know, you perhaps can't get the task force together, but it seems like this new set of revised priorities could be e-mailed to all of the members of the task force with a request that they respond back affirmatively or not. Negatively. And, then, we could take action on that the first meeting in November. So, are we going to, you know, get a spanking or something if we don't get this in on time? Siddoway: ACHD has got their five-year work program process underway. One of the real deadlines for them is so they get our priorities in time for them to do their prioritization. They have a draft -- their first draft of the five year work program is scheduled to go to their commission on November 2nd and they need the -- they use the -- the city's priorities feed into that process by getting certain project bonus points. So, we risk not having that information in the first draft. Donnell: Follow up? I keep asking all these questions. Did Bruce say that we would get spanked or what did he say? Siddoway: He said that was accurate. Donnell: Okay. Thank you. The second question that I have is for you, Mr. Siddoway, and that is your comfort level in terms of the revised priorities. I'm assuming that you led this task force? Siddoway: Yes. I facilitated the group. Donnell: And so talk to me about your comfort level with this, without taking it back to the task force. Siddoway: I believe -- Donnell: Am I putting you on the spot? Siddoway: Yes. Donnell: But you -- this is what happens, you know, when you get into these kinds of roles. Siddoway: I believe there will be some consternation among some of the task force members with the changes and if you want to have consensus among that group with any changes before you send something on, then, we won't be able to do that by the deadline that we have right now, but -- or you could make the decision yourselves on what is appropriate and move forward. I just -- if you feel like this is the right list, Meridian City Council October 25, 2005 Page 11 of 41 regardless of what that group may have said, then, you can send it forward with that as your direction, but, if not, then, I guess I just need some direction of what you would like me to do. Donnell: Follow up? De Weerd: Uh-huh. Donnell: So, Mr. Siddoway, as our transportation planner, director, supervisor, et aI., what is your recommendation to this Council? What action should we take? Siddoway: I would recommend approving the list as revised tonight, directing me to go over that list at the transportation meeting with the reasons why things were changed, if this Council wants them changed, and move forward. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: So moved. Bird: You're making a motion? Donnell: I did, indeed. Just exactly the way our transportation planner stated it. Siddoway: Okay. De Weerd: Okay. Do I have a second? Rountree: I'll second. De Weerd: Okay. We have a motion to approve the list as submitted to you tonight, with the amendments as noted. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, nay; Rountree, yea; Wardle, nay; Donnell, yea. De Weerd: Aye. MOTION CARRIED: TWO AYES. TWO NAY. MAYOR AYE. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council October 25, 2005 Page 12 of 41 Wardle: If I might just real quickly, while I voted against the motion, I would like to thank Steve and the department and the committee for all their hard work on the prioritization and I know it's not an easy process. Bird: I would agree. Donnell: And Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Not to belabor it, but I certainly hope I didn't put you on the spot, but I certainly do appreciate your hard work. C. City Attorney - Bill Nary 1. Land Fill Recommendation by SWAC: De Weerd: Thank you. Okay. Item 6-C. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I wanted to take the opportunity to get out of the chair. We have a couple of items on your agenda tonight that are a little unusual and this is one of them. A couple of weeks ago we had a presentation in front of you regarding the request by Ada Cou nty under Idaho Code 31- 4407(a) regarding the landfill and the expansion that the county has proposed for the landfill. They are required by state statute when they do that to give their users 90 days in which to provide comment and commitment as to whether or not they were committed to the expansion or whether they would continue to maintain and operate their own landfill. It doesn't make it clear, because there is no case law in Idaho, as to what does that mean. What happens in 91 days? What kind of commitment are they talking about, because there is no proposal in front of you by the county to actually commit city dollars towards this project, what if that city doesn't operate a system, but contracts some other system to dispose of its waste -- again, lots of un-answered questions. The county wasn't -- wasn't really good at answering all those questions and I don't think they really, necessarily, knew all the answers to them either. Again, they indicated on the record they were somewhat caught unawares by this statute and were simply required to follow through that process prior to their expansion. What you requested was that the solid waste -- and it used to be the solid waste ad hoc advisory committee, but ad hoc really means for one purpose or at least a short duration and this is kind of a committee that's been around as long as I can recall. So, I simply just refer to it as the Solid Waste Advisory Committee -- to review that proposal and what was also brought forth was another vendor, Idaho Waste Systems, offering an alternative site for the city's solid waste, and to consider those and, then, make a recommendation back to you. We met on October 20th. I provided you the written recommendation from the committee. The committee did discuss, again, the sort of up-in-the-air nature of the county's request. They did discuss Idaho Waste System's proposal and, again, there is not a lot of -- not a lot of concrete issues we can really chew on here, but we do want to make Meridian City Council October 25, 2005 Page 13 of 41 sure that we made a recommendation within the time frame. The city is required to make a response by November 5th. On the night they made the presentation in front of you, the county was somewhat noncommittal. Their solid waste landfill director wasn't present that night. Their deputy director was present. He indicated he didn't really know what would happened if we didn't respond. Mr. Neil, the landfill director, was at the solid waste committee meeting and indicated that there was no extensions and that the city did need to respond. They would want something from the city as to a response. But they were not -- and they were more specific, I think, at least in the sense that they were not asking for any financial direct commitment by the city. What they were simply asking was that the city continue with the operation as it has been done traditionally and that they were going to expand the landfill regardless of the city's participation and that they already had the dollars from their user fees that they have collected over this period of time that they have operated the current landfill, that they were going to be able to build this expansion without an additional financial burden on the city. The risk to the city is unclear. If the city were to opt into continuing with its operation with Ada County Landfill, all that's continued -- all that really is committed by the city is some financial obligation to the cost of maintaining the landfill. It's not obligating the actual waste stream from the city. The city still retains the ownership of its waste stream at least until the point of -- from the city's perspective that it's given to the landfill. And at that juncture it's probably the property of Ada County to dispose of it in some manner if they choose. If the city opted not to participate, what the statute says is that if at some point the city opts to participate in the landfill, they may be subject to the county commissioners' determination as to what is an appropriate participation cost, some sort of start-up cost, some sort of participation -- participation fee. It's very unclear as to what that would mean. It does indicate in the statute that they may not allow the city to participate at a later juncture. They have the ability to do that if they wish. The city, by opting in again, of course, right now, isn't asked to sign a contract, isn't asked to commit any dollars. The statute does limit the commitment to 15 years as the maximum amount of time the city can be requested to commit any participation, but, again, it doesn't spell out if contracts will be required, what will be required, what does it mean when the city's made a commitment before 90 days and within 120 days the city opts not to participate, what does that mean. It certainly intimates in the ordinance -- or in the state statute that if there were funds expended because of the reliance upon the city's participation, the city may be responsible for that. But the county's already indicated to us that that wasn't what they were going to be doing anyway and that they would be building this regardless of the city. So, again, it's a little bit -- a little bit sketchy, that's why I said it's somewhat unusual. But, anyway, the Solid Waste Committee did meet on October 20th and did discuss this fairly thoroughly and Idaho Waste Systems was present. Ada County Landfills operators were present. What you have in front of you is a bullet list that is the recommendation of the committee. Basically, I will just outline very quickly. The committee's recommendation was to commit to this north cell expansion that was being proposed by Ada County. But the commitment should be just for the continued historical uses of the landfill and the method and operation has been done to date. The county hasn't proposed any changes, any request for increased service, any requests for increased fees, they simply asked us to continue business as usual. The committee was comfortable with Meridian City Council October 25, 2005 Page 14 of 41 that. That the city also in its response to Ada County make it clear that the city reserves the right to maintain control over its waste stream produced by the City of Meridian. The committee was very strong in that particular recommendation. They felt at least that needed to be emphasized with Ada County in the city's response. The city would commit to only use of the current landfill and the north expansion. There has certainly been a lot of discussion about an alternative site in Ada County, there was discussion by the county about some potential and very very sketchy potential of having to use an alternative site out of the county. Not necessarily in Elmore County, but even they mentioned Payette County. The city was not -- or the committee was not recommending that the city commit to anything other than what was specifically requested by Ada County, which was the north cell expansion. The city also would -- or the committee's recommendation also was that the city reassert that a diversion to another waste site by the city's vendor, if for some reason there was a necessity by our vendor SSC to take their waste to another site based on need, historical usage -- the Ada County landfill, for example, doesn't take every type of waste that is produced by our residents, so they sometimes have to take it to alternative sites, including Idaho Waste Systems' site in Elmore County, that that was at the city's discretion, that that was the city's decision on what to do with that and it was not the county's ability to somehow direct the city in where to divert its waste stream. That the city also -- in its recommendation the committee said that to assert what Ada County had committed to, that they had committed to provide the city annual notice by April 1 st of each year, to any possible request for increase, so there would be adequate time for public notice, public hearings, before any proposed rate increase would occur. Ada County has committed to maintaining better dialogue and communication between the city and the county and the vendor on solid waste issues, basically, on making sure that the landfill is available for when it's necessary and needed and including with the other alternative program and current types of programs that they have for recycling and the like. And, then, the final one, that Ada County has committed to continuing the current recycling programs, as well as additional and alternative other waste disposable systems or expanding in certain areas or allowing some free type of access to the landfill for certain types of waste stream and the like and that they have committed to doing that. Again, that's, basically, the gist of the letter. Again, the committee felt by far the city's most important point to reassert was that it was always the city's alternative -- or opportunity -- the city's right to assert where the waste stream that's generated in the city goes to. The city does collect it, the city does transport it through its vendor and they wanted to -- De Weerd: I think your time is up. Nary: Thank you. Just wanted to make the record clear. De Weerd: I don't know. 1-- Nary: Was there any questions? My time is up. Donnell: You covered it very well. Meridian City Council October 25, 2005 Page 15 of 41 Rountree: Mr. Nary, just to -- an editorial. The sixth bullet, the second line of that, it says each year to -- that probably should say each year of. With that, Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve the recommendation from the Solid Waste Advisory Committee, subject to the conditions outlined in the October 24th, '05, letter to the Mayor and City Council. Bird: Second. De Weerd: Okay. There is a motion to move forward with this letter that Mr. Nary will draft. Nary: I already made a note, Madam Mayor. De Weerd: Is there any discussion? Mr. Berg, will you, please, call roll. Oh, Bill, did you have any comment? Thank you. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Sorry, Mr. Nary, I was looking for my sign, but I couldn't find it. Nary: That's perfectly fine. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you, Bill, for being here tonight. Okay. There were no items moved from the Consent Agenda. Item 8: Pretermination Hearina for Rvan Wixson at 4343 East Enalish: De Weerd: So, we will move to Item No.8, which is a pre-termination hearing for Ryan Wixson at 4343 East English. Is Mr. Wixson here? Okay. Do we start with staff comments or do we start with Mr. -- Mr. Attorney, if you will kind of explain the process. Nary: Thank you, Madam Mayor, Members of the Council. How much time do I have? De Weerd: Thirty seconds. Nary: Okay. Might be a little bit longer. This is, again, a fairly unusual item. It's not common for you to have these types of hearings in front of you. This hearing is governed by the Meridian City Code 9-1-21 regarding delinquencies. What this -- what Meridian City Council October 25, 2005 Page 16 of 41 you're hearing in front of you is a request by one of our users of the water system regarding termination of seNice and notice. What our city ordinance indicates is that if you have a dispute over your bill or your service that you have received and the amount that you owe for it, what you need to do is request a hearing before the City Council. That's what Mr. Wixson has requested, that's what's in front of you. Just so that you know -- and the staff will give you more information as to how we got here with Mr. Wixson's account. What you will need to do after you have heard from staff, give Mr. Wixson an opportunity to respond and present his case regarding this ordinance and how it applies to him and if you have any other questions of either staff, myself, or Mr. Wixson at the end of that, you will be required to make a decision and it has to be in writing. So, your direction would probably be at the end of this to request that staff, probably my office, draft your findings and decision, then, bring that back in front of you next week for a final approval. What the ordinance says, so that you keep it in mind as you're listening to both the staff presentation and Mr. Wixson, is that under 9-1-21, if any water user does not pay the billing that they receive within 15 days from the date of the statement, the water user's account shall be delinquent. The water user shall be notified by regular mail of delinquency and if this bill is not paid in full within ten days after service of this notice, the right to water shall cease and terminate unless they request this hearing. So, what the statute requires is that there is to be notice provided, that there be an extension time period with some -- a specific time in which that bill needs to be paid. If it isn't paid by -- within the ten days at the minimum that's required by the ordinance, then, termination of the service can occur, unless this hearing is in front of you. So, that's the basis of why you're having this hearing in front of you tonight and if -- unless you had any other questions about the process, I would turn it over to staff to give you the background as to this particular account. De Weerd: Thank you, Mr. Nary. Any questions for Mr. Nary at this time? Rountree: I have none. De Weerd: Okay. I will turn it over to Jaycee. Thank you. Holman: Madam Mayor and Members of the Council, I just thought I would brief you on our policy regarding the billing and the delinquent notices and how we handle it. De Weerd: If you will, please, state your name for the record. Holman: Oh, I'm sorry. I'm Jaycee Holman and I'm the billing manager for the city. De Weerd: Thank you, Jaycee. Holman: We send out delinquent notices at the same time that we send out someone's bill, which in this case this was on the 5th of the month. So, when I sent out the October 5th bills, this particular person -- and he received a delinquent notice, because he had a balance forward from the September 5th bill. If the balance forward from a prior month at the date that the statement's are printed is 50 dollars or more, they also are mailed a Meridian City Council October 25, 2005 Page 17 of 41 delinquent notice, which the delinquent notice states that they -- the customer has to pay the past due balance by the stated date on the bottom of the delinquent notice. In this case it said that they had to pay their delinquent amount by 8:00 a.m. on the 17th of October, so -- which was a Monday morning. I normally -- that's what's printed on the notices. I post payments up until 2:00 o'clock the day before the actual shut-off day, which is Wednesday. So, I -- at 2:00 o'clock on Tuesday was when I stopped posting payments and the reason that I chose 2:00 o'clock on Tuesday is because that gives me time to pull -- post all of my payments and take any payments out of our drop box out front and post any of the walk-in payments that people have delivered that day. I print a preliminary list and, then, I have to have -- it takes me roughly an hour and a half to go through the list and make certain by going through all the notes on the account and everything that I just -- my checks and balances, essentially, to make certain that we don't turn someone off in error, that we haven't -- that they had a billing adjustment or that there were no errors on our part within the billing department. So, that enables me -- my goal is by 3:30 to be able to send that list over to the water department -- to Tammy over at the water department. She runs the shut-off list. She makes any changes she may need to make and, then, she has to print a list for each of the drivers, so that when they arrive Wednesday morning at 8:00 a.m. she can have their Ijst ready to go, they can get their routes and head out and do the shut off in a timely manner. Their goal is to have all of the shut-offs done by noon, so that by 1 :00 o'clock they can go back out and start turning people's water back on and that way people's water is off for the minimum amount of time. So, that's our time frame in how we do things. Are there any questions or things that I was not clear on? De Weerd: Council, any questions as to the process? Rountree: None. De Weerd: Okay. Holman: So, I don't want to speak for the customer here. I am not completely positive as to what it is that he is disputing. I believe -- for a little more background on Mr. Wixson in particular is he came in -- I believe it was around 4:30 on the 18th, which would be Tuesday night. I had already gone over my list and I had sent it to the water department. He came in and made a payment and did not want to be shut off on Wednesday, because he had made that payment on Tuesday night before 5:00 o'clock, so -- but I will let him speak for him. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just for the purposes of the record, maybe Ms. Holman at least could put on the record what the address is and when the payment -- Holman: Oh. Okay. Meridian City Council October 25, 2005 Page 18 of 41 Nary: -- when it was delinquent, when the notice was sent, just to make sure that it's clear about all the statutory requirements. Holman: Okay. Let's see. This is account number 204712042 for Ryan Wixson, 4343 East English, Meridian, Idaho, and -- Wixson: Oh, if I could -- De Weerd: If you will hold on just a moment, Mr. Wixson. Wixson: Okay. Holman: Okay. And the amount that was delinquent that came forward from the September 5th bill -- so, when I printed the October 5th bill there was a past due balance of $114.82, which appears to be part of the August 5th bill and part of the September 5th bill. So, that's -- that he did come in and make a full payment of the past due balance of 114.82 on the 18th. De Weerd: Of October. Holman: Correct. The delinquent notice he had received said that the past due balance had to be paid by October 17th at 8:00 a.m., so -- De Weerd: Thank you. Mr. Wixson. If you will, please, state your name for the record. Wixson: Ryan Wixson. De Weerd: Thank you. Wixson: Thanks for taking the time. I didn't realize we were already -- have taken this long. I know it's kind of trivial, compared to other matters that you have, obviously. My- - I guess my only argument is my wife and I came in and paid the full amount and, then, we were informed that the water was still going to be shut off. It just seemed silly to me to have a person come out, after our account was completely current, and shut the water off and, then, come back two hours later and turn it back on and charge us 30 bucks. I mean I have no problem paying it at all, but that's kind of my only argument, I guess. And somehow we -- you know, I scheduled this pre-termination hearing that same day. Somehow the driver was alerted not to shut my water off, because of this hearing. So I mean there is, obviously, ways to alert the drivers if someone actually does pay, to not shut the water off. It just seems like a waste of City of Meridian's resources to -- De Weerd: Well, we are following an ordinance and the ordinance spells it out, that the shut off needs to happen. Also, if you request a pre-termination hearing, that exempts you from that turn-off until your hearing and so -- Meridian City Council October 25, 2005 Page 19 of 41 Wixson: Sure. Well -- all right. I won't waste anymore time. That's -- I was just -- it just seemed silly to me to have the driver come out and, then, come right back a couple hours later. De Weerd: Council, any questions for Mr. Wixson? Rountree: I have a question. I'm confused. You did indicate that your water was not tu rn ed off? Wixson: It was not turned off, because I scheduled this hearing. Rountree: Okay. And-- Wixson: So, somehow they got notice to the driver that I had paid and I had scheduled this hearing and not to shut the water off. Rountree: Was the turn-off fee paid? Wixson: No. I think that's -- Holman: The turn-off fee was not assessed at that -- no. Wixson: That was up to you guys. I don't care. I'll just pay it. I just wanted to voice my opinion about the -- Holman: I didn't assess the turn-off fee, because I wanted to wait to find out what the Council had decided. Rountree: Thank you. Madam Mayor, just a comment. The folks in the audience probably think this is a trivial matter. The fact of the matter is delinquent fees to the City of Meridian run anywhere from 20,000 to 70,000 dollars a month. That's a lot of money on a year's basis. So, it is beyond a trivial matter. It subjects the city to some cash flow issues. Just to comment at this point in time -- I don't know what the rest of the procedure is. Mr. Nary, what do we do at this point? Nary: Madam Mayor, Members of the Council, Council member Rountree, what is in front of you currently -- because Mr. Wixson's service was not terminated, would simply be the fee that would be assessed normally, if -- if the opportunity presents itself to not turn off the water because it's been paid, it's always the utility billing's attempt to do that. They can't always guarantee it, but they do assess the fee, because, as Ms. Holman stated to you, they did not turn off Mr. Wixson's water, because the statute directs that-- or the ordinance directs that specifically. So, the turn-off fee has not been assessed. The Council can certainly direct to assess that, as it should have been done last week without this hearing. If you have any other -- since there is no other direction to give the water department, because the water wasn't turned off, you can simply direct that, if you Meridian City Council October 25, 2005 Page 20 of 41 wish. You can make a finding that the process and procedure was met pursuant to the ordinance, if you believe it has been, and simply direct that in lieu of turning it off at this juncture, just simply the turn-off fee should be assessed, as it would be for anyone else. Again, the fee is assessed normally whether the actual physical turn off occurs or not, because of when the time period indicates it and our city ordinance for 9-1-22 also allows us to assess the fee whether we turn the water off physically or not. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Another question for Mr. Wixson. Was there some reason that you weren't able to make payment by the due date? Wixson: Not any good enough reasons. My wife's pregnant and she's had a couple -- Rountree: That's a pretty good reason. Wixson: Well, a couple health problems on her side, but not -- no reason good enough. Rountree: Okay. Wixson: I have no problem with -- Rountree: Thank you. De Weerd: Mr. Wixson, is this the first time this has happened? Wixson: That the water has been turned off? De Weerd: Uh-huh. Wixson: I don't know, but the first time we've had to pay anything. De Weerd: Generally, on first-time accounts there is some leeway, but I think what we do find is we have a number of turn-offs and a number of people running down here, it is a logistical nightmare. And they have to cut it off somewhere and so it's the -- our staff follows the ordinance as set by the City Council and that's what they have to work with. And I appreciate your comment and certainly it has sparked some discussion on delinquent payments that are made prior to payment and maybe a less -- a lesser assessment to that. You know, delinquent is delinquent and beyond the date is beyond the date. But there is some discussion on something we can bring back to Council for their consideration. But at this point our staff works with the ordinance as directed by Council. Wixson: Sure. I understand. Meridian City Council October 25, 2005 Page 21 of41 De Weerd: Council, I do believe that, as Mr. Nary stated, we do need some direction from you on how you want to move forward with this. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I guess maybe a procedural question for Mr. Nary, in the sense that we have a termination of service, the delinquent amount has been paid, I don't know that it would make sense to certainly terminate the service and, then, turn it back on. We are really only talking about the fee; is that correct? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, that's correct. I think at this juncture your only -- I guess decision point on the cost here for Mr. Wixson is whether or not to assess the fee. And maybe on the other -- I guess to follow up on that, if you opt to pay the fee, that would be consistent with the practice. If you opt not to assess the fee, then, we just need to make findings to make that exception, so that we wouldn't have a standard that's different than what we normally follow. Wardle: And thank you, Mr. Nary. That was my next question to staff is what is our standard practice and procedure for that. Holman: Well, Madam Mayor and Council, I'd just like to bring a couple of things up here. Actually, I'd like to ask Mr. Wixson -- have you -- I know this account is in your name, but have you lived in the home since '03? Wixson: Yeah. We have -- Holman: Okay. Well, according to our records -- I know he had said he had not been shut off before, but excluding this one, it's been six times that he's been shut off and has paid the 30 dollar fee, so -- I mean I just think that is a valid point and he had also mentioned that his account was paid current, but we, actually, do have a balance from his October 5th, so the delinquencies have been paid, but the account is not paid current as of today. So, I just wanted to bring that up, just -- that this has been assessed before, so -- Wixson: My wife deals with most of it -- most of the actual paying of the bills. I didn't mean to be untruthful. De Weerd: No. That's fine. Okay, Council, I -- if there is action to be taken, I do need a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council October 25, 2005 Page 22 of 41 Rountree: Having heard what we have about this situation and not hearing any extenuating circumstances, I would move that we support our standard practice on this particular process that the city goes through of turn offs and assess the turn-off fee and that we not be in a situation to waive it in this situation. De Weerd: Okay. Wardle: Second. De Weerd: Okay. We have a motion to continue with our policy and assess the late fee. Any discussion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Then, I'm assuming by the motion that you're simply going to ask for those findings and decision to be returned to you the next week for final adoption, since it requires it be in writing? Bird: Yes. Rountree; Yes. Nary: Okay. Thank you. Wixson: Thanks for you time. De Weerd: Thank you, Mr. Wixson. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: Reconsideration of Findings of Fact and Conclusions of Law for Approval: CUP 05-040 Request for a Conditional Use Permit to modify the Conditions of Approval for CUP 03-050, in order to allow the existing building at 703 North Main Street to remain and to allow a public use in the O-T zone for Farmers and Merchants State Bank by Farmers and Merchants State Bank - 703 North Main Street: De Weerd: Okay. Item NO.9 is reconsideration of Findings of Facts and Conclusions of Law for CUP 05-040. Mr. Nary or Mrs. Canning? Meridian City Council October 25, 2005 Page 23 of 41 Canning: Madam Mayor, Members of the Council, I just wanted to give you a brief update from my staff's part. I think the two options before you tonight -- and there may be others that Mr. Nary can tell you, but the two options I think you're considering is whether to set this for a future City Council hearing date or whether to remand it back to the Planning and Zoning Commission for them to hear it. And regarding the latter, I did want to give you some information. The public notice for this project was listed as a request for a Conditional Use Permit to modify the conditions of approval for CUP 03- 050, in order allow the existing building at 703 North Main Street to remain and to allow a public use in the OT zone for Farmers and Merchants State Bank by Farmers and Merchants State Bank. So, it was not listed as a temporary -- as a temporary use, it was listed as that building would remain. Then the staff report was structured that way as well. So, I believe that the Planning and Zoning Commission, in their deliberations, felt like this building would be here, that it wouldn't go away. So, I just would suggest that I don't think it's necessary to remand it back to the Planning and Zoning Commission. De Weerd: Okay. I guess my confusion is is that is not the intent that Council asked this application to go through. It was to go through to extend -- to delay as an interim use a condition to demolish the building and so, you know, how it started through the process kind of was different than how it was initiated. Canning: Madam Mayor, Members of the Council, I will take responsibility for that. I had difficulty in how to process a modification for a CU as a temporary time frame, so I instructed my staff to just treat it that the building would remain. If Farmers and Merchants wanted to take it out later, they could take it out later. I think there has been some subsequent confusion on site issues related to this that made it seem, from Farmers and Merchants, that it was going to be temporary, but as far as the application has gone -- and we did prepare with -- the application with the assistance of Farmers and Merchants, so I take responsibility for that. It doesn't -- I just think that P&Z saw it as a -- all I was trying to say tonight is that the Planning and Zoning Commission reviewed it as a permanent building. That doesn't mean that Council has all of a sudden lost their authority to grant conditions on it, it's still a Conditional Use Permit. So, I just wanted to clarify that, how P&Z reviewed it. De Weerd: Okay. Rountree: So, the action is simply whether or not we want to reconsider the findings? De Weerd: Mr. Nary: Nary: Madam Mayor, Members of the Council, yeah, that would be -- your third option that you -- you have already committed to Findings that are before you. The request is to reconsider those. Those Findings are three things. One was to require a cross- access between this parcel and the adjacent parcel for Washington Federal Bank. To require that they permanently block the drive-thru that enters from Main Street to the rear of this parcel, so that no vehicle traffic can either come from Main Street through Meridian City Council October 25, 2005 Page 24 of 41 the parcel or exit out onto Main Street through this -- through the former drive-thru of the building. And the last Finding that you made was that at the point when the city vacates the use of this building, at that point in the future you would, then, reconsider the viability of the building remaining or whether or not it would have to be torn down. I think as Madam Mayor stated, it was simply a delay in the requirement to remove the building today. You can leave those Findings if you wish. The request was to reconsider them. To hear from the applicant is why we are here tonight as to why you would do that. I think as Mrs. Canning stated, one option was to remand. Her recommendation is not to remand, because they wouldn't have any more information to provide you on a remand. The last is if you wish to reconsider your Findings, then, my recollection would be to hold a new hearing, provide notice, because it was not your impression at the hearing -- and, again, at the hearing on that in front of you, Farmers and Merchants did not appear to make that request. So, for you to, then, set it for a new hearing to make, again, a decision on their request now, which is to permanently leave the building, and they have some other requests for changes to what was determined by Planning and Zoning regarding cross-access. So, yeah, you have a couple of different options, Councilmember Rountree, but that's basically it in a nutshell of what you have got. Rountree: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And, certainly, I'm going to ask for a little bit of direction from the legal staff. The application is -- we have heard testimony -- or we have heard the director say that it was heard at Planning and Zoning differently than it was heard at the City Council level. My understanding is this was a city-initiated process, because of the good will of the applicant that -- allowing us to utilize for a city office. But along the way somehow it changed and, as I understand, there was some fees that were waived because it was a city-initiated process; is that true, Anna? Canning: Yes. I believe you did waive the application fees. Wardle: Okay. And the Mayor at the last meeting talked about some commitments as to the part of ACHD. Mr. Nary, one of the things that I certainly don't want to cause is any additional -- we want to be -- in my opinion, Farmers and Merchants has been great for us in allowing us to utilize that and don't want to cause any ill will and that sort of thing, but it appears to me that this application and the comments that we have received are contrary to what we thought they were and I'm not so sure I'm comfortable with proceeding along this in the manner that the city has brought it before this Council. Are there other options for us in that respect? Nary: Well, Madam Mayor, Members of the Council, Councilmember Wardle, I mean you certainly can hold these Findings. If you think a different application -- I think what Meridian City Council October 25, 2005 Page 25 of41 Mrs, Canning has indicated is that the application -- if you were to remand it or hold these -- or hold these Findings in abeyance until Farmers and Merchants directly applied for this conditional use modification with what they are requesting today -- the application itself wouldn't be any different and the notice to the public for the Planning and Zoning part of this process wouldn't be any different. So, I think you could certainly do that, you could probably get the same result by -- if that's a desire to you to fully hear this issue about the building staying permanently, rather than being delayed for that ultimate decision, you could -- we could probably do the same thing by noticing up a new hearing on this CUP modification. Because although -- what you're saying is is what the Council viewed it as is different than what you thought it was supposed to be. The application itself and the notice to the public was with the building staying as a permanent facility. So, the public notice has been satisfied. I think what you're saying is the CouncWs notice wasn't staffed and that can be done through another hearing, rather than another application. So, you certainly have the ability to remand it to begin the process over. I just don't think it would look differently. Wardle: And, Mr. Nary, maybe I can qualify. Certainly that was one of my concerns, but also the fee waiver is a concern and, Mrs. Canning, as a general rule of thumb, when applicants come into change conditional use in a commercial setting, the City of Meridian, as a general rule, doesn't waive that fee; is that correct? Canning: Correct. Wardle: And, counsel, that's my consideration. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I don't know -- and maybe Mrs. Canning can answer. If we were to hold another hearing -- did the city absorb the cost of noticing previously, since the city was -- had waived the fees? And if we were going to hold another hearing, we'd have to notice that up and there, obviously, would be costs associated with that. Canning: Yes, sir. Nary: To which? Canning: We collected no fees, which is typical with other city departments. We don't typically charge other city departments. But, yes, also that there is an additional hearing fee under -- well, I'm sorry. There is one under the UDC, but this application came in before that. But I believe the clerk charges for additional notice in hearings. And he's nodding his head. Berg: Madam Mayor, yes, we have in the past actually invoiced or billed what it cost us for public notices in the newspaper and the mail out noticing. Meridian City Council October 25, 2005 Page 26 of 41 Nary: So, Council member Wardle, I don't know if that answers your question, but that's certainly an option, if there were to be another hearing, that you could certainly require the applicant to absorb the cost of that fee. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Let me see if I got this clear. And I'm not sure I do. Originally when we approved the CUP, the building was to go down after a certain amount of time in moving into the new building. Then, between the city and Farmers and Merchants, we decided that we could use that until we get a new City Hall for property. We remodeled it, brought it up to code, which -- and at that point we had to run a -- change the CUP to allow that building to stand; am I not right? Canning: Correct. Bird: So, what this -- what we are doing here is allowing the building to stay until it's no longer needed for a rental for the city. Is that the time period or is it just-- Canning: Your current Findings are to revisit the issue of whether the building should stay or go at the termination of the city's lease. Bird: And whose request was that? Canning: I believe the Mayor added that to the condition -- Bird: I beg your pardon? Canning: I believe the Mayor added that condition. It was put on by Mayor and Council. De Weerd: Although I didn't make the motion. Canning: No. I'm sorry. It was -- Bird: You get credit for it. De Weerd: I'll take responsibility. I guess, Mr. Bird, it was because of the confusion that we had at the time of the intent and what the application was all about. We heard through the grapevine -- and it was not stated anywhere -- that there seemed to be an intent to keep the building permanently and we continued to operate under the assumption that it was an interim fix and to answer that question we put the condition that it would be determined upon us vacating it. So, if the applicant -- if the bank wanted to change it, then, that gave them an opportunity to change it. Meridian City Council October 25, 2005 Page 27 of 41 Bird: That was what I recall happening and so what are we -- isn't that what the decision of order says right now? Canning: Yes, sir. Bird: What did we get it back for? De Weerd: Because you agreed last week to reconsider it. Bird: Well, because we had been told that it was not by the applicant, we were told that it wasn't noticed right or something and we had to take it -- is that not right? Nary: No. Madam Mayor, could I help? De Weerd: Yes. Bird: Go ahead, Bill. Nary: Madam Mayor, Members of the Council, no. What happened is in the request to reconsider, the applicant had two concerns with your original Findings that are still pending. One was the cross-access to the adjacent property and the second was the revisiting of the demolition of the building at the point the city vacated. The applicant requested in their reconsideration that their intent was to always leave the building there and so they didn't want that condition placed on this CU that you would revisit it later. And the discrepancy was in what you have said, the Mayor said, and Councilmember Wardle said, that confusion, that wasn't what -- what's been stated tonight, that wasn't the Council's impression of what was in front of them. Now that has been placed in front of you have as a reconsideration. Again, you can hear from the applicant if they have more specifics about it, but that's what was in their request for are-consideration. Bird: Yeah. I understand, that's what I understood, you know, and I realize they want to keep it up. De Weerd: I guess where the confusion came is all of our correspondence -- and when I brought it to you for consideration for office space, it was all in writing as an interim -- or as an interim use. And so that's led to our confusion. Bird: Madam Mayor -- and I agree with you, but I also agree with Councilman Wardle that if there is anymore costs involved, they could pay it, because I'm telling you, we are paying lease payments over there. And I know they are pretty cheap, but they are still lease payments. They are not cost payments. De Weerd: Okay. Is the applicant here tonight? Would you like to make comment? Donnell: Do you dare? Meridian City Council October 25, 2005 Page 28 of 41 De Weerd: As you can see, there is a considerable amount of confusion from when the intent changed and if you will, please, state your name and address for the record. Thierra: Steve Thierra, 7912 McKayla, Nampa. De Weerd: Thank you. Thierra: Thank you, Madam Mayor, Councilmembers. I confess, I am thoroughly as confused as we all may be. My understanding at the point from Mr. Slocum at CSHQA, our architect, at the point that the original request to adjust the CUP, was that at some point as the city was finished using the property, that the bank would, then, determine, well, should we take it down, should we not take it down. We were under the impression that the pedestrian park was either still a requirement or was not a requirement and so we were hoping to get some guidance from Mr. Slocum. The conditions on September 27th caught us totally by surprise. We had no knowledge -- we didn't know that the conditions were going to be placed on the bank that at the time that the city's use of the property was done, that we would be required to reapply to keep the building and, then, to install the pedestrian -- or to demolish the building and, then, install the pedestrian park. Our feeling was that we know what all the costs were this year to do both the demolition and to install the pedestrian park, we don't know what those costs will be in whatever year that this situation would come up again. So, the reason we asked for the reconsideration was to have the hearing, so that we could examine all of the different questions again. The bank understands -- and we know that the city has been very fair with us. We would not object to having to pay an application fee and, you know, the normal process should prevail. The other issues that Madam Mayor stepped up and helped us out with ACHD on the fees and we appreciate that and we realize that this may cause that to change, in which case we would be liable for the ACHD fees that we were originally assessed. De Weerd: I guess just to give my take on what I think you just asked, is that when we vacate the building, you have the opportunity at that time to modify the conditions of the Conditional Use Permit, which was to remove the building and put in the pedestrian mall. If you desire at that time not to move that direction, you can apply to the city to change the Conditional Use Permit at that time. Thierra: My understanding is that's the order that's in front us now. If we were to reapply, we would reapply on the basis of keeping the building permanently and -- but we realize that there is some discussion on the pedestrian park and those things. The other issues, the easement and the closing off of that one entryway, are minor. De Weerd: And as I understand it, that's kind of a separate application, that they can go through at anytime to change those. Nary: When you say those, Madam Mayor, I'm sorry, you mean the request to leave the building? Can they come -- if you left your Findings as they are -- Meridian City Council October 25, 2005 Page 29 of 41 De Weerd: Uh-huh. Nary: -- could they come back and reapply tomorrow to leave the building permanently? De Weerd: Yes. Nary: Yes, they can. De Weerd: And to remove the pedestrian mall. Nary: Correct. They could come and reapply for that. Right now all you have done is left that decision for a point in the future. Yes. De Weerd: Does that give you clarity? Thierra: Somewhat. De Weerd: Mr. Wardle. Wardle: Madam Mayor, if I can maybe try to help clarify here. Mr. Nary, can we vacate our Findings on this application and allow the applicant to proceed in whichever manner they would like to, which would include applying through our normal process, paying whatever fees that may be, and let them drive the process on their property? De Weerd: Mr. Nary? Nary: I'm thinking. Madam Mayor, Members of the Council, I guess you can. The problem is is you have had -- you have had a Public Hearing at the Planning and Zoning level with a recommendation, you have had a Public Hearing in front of you with Findings, and now you would be vacating that and so what they are left with is what is originally under the CU, which is to tear the building down. If you want to basically go back to square one, you have the ability to do that. They would be required to, then, apply, because their direction would be to tear the building down now. Donnell: There goes your office, Mr. Nary. Nary: But you're right. Could you do that? Yes, you have the ability to do that. Wardle: There was a time frame in there and, if I'm correct, it was longer than the appointed period, which is before us today; is that correct? Nary: No. I believe it was less. It was when the other building was built. Rountree: Occupied. Meridian City Council October 25, 2005 Page 30 of 41 Nary: They were supposed to tear it down. Wardle: My mistake. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I can't -- with his testimony, I can't see why what we got in front of us is harmful to us. I'm for passing this as it is. If they don't -- if they want to come back after we vacate it, which we hope we will in '07. At that point, then. we can decide whether the building goes or stays. At that point -- and he's got a good point. In '07 it's -- the cost is different, what it's going to cost to do all this stuff, so we need to take that into consideration. So, I don't see anything with what we got wrong now, is to pass this on, as long as the bank is agreeable to it, and evidently they are and go on with it, these Findings. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I guess I don't understand that and I'm getting more confused, but it seems to me that the bank has lived up to their end of the bargain. Conditional Use Permit requires them to demolish that site and build a pedestrian park. They have asked for a modification, so the building can stay, because the city wants to rent the space and now we are telling them, yeah, that's okay, but you still have to hold up the end of your -- other end of your bargain, you got to tear down the building and build the park when we are done. To me that's not -- not good business on the part of the bank and I think it's an unfair treatment on the part of the city. If I were the bank, given those circumstances, I would say, okay, your lease is up, we are going to tear it down and build a park, because it's going to cost us less today than it is going to cost us in a couple of years. So, I think we have got an issue here. We have got to resolve it. I think the bank needs to understand what their liability is going to be in a year or two, so they can make a decision about whether or not they want to lease that building. Maybe I'm confused, but I wouldn't want to be put in the bank's -- I'd like to have the bank's money, but I wouldn't want to be put in their position. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think these Findings state just that, Charlie. It just says that when we vacate it they have a chance to come back and at that point either do it or don't. Rountree: But-- Meridian City Council October 25, 2005 Page 31 of 41 Bird: And -- I mean they are the ones that got up and requested that we take the bank out. Now that there has been some remodeling and stuff done and they can probably get 16 dollars a square foot, yeah, as you said, they are bankers. They know the dollar. And I don't blame them. And you know -- but that gives them the opportunity to come. I can't -- you know, I think -- I don't think they want -- would stand right here and tell you today they don't want to take it down, maybe, in two years. I don't know. De Weerd: Mr. Wardle, did you have -- I heard you over there. Wardle: Thank you, Madam Mayor. The issue of permanency is really the issue of question here. And that's -- and the expectation and I agree, wholeheartedly with Mr. Rountree that the Bank's lived up to their expectation, has always been a good partner with the city and I think the difficulty that I see or -- other than the issue of permanency, is there were two additional requirements. One was a cross-access agreement and the other is a curb, if I understand that correctly. Mr. Nary? Nary: Slocking the drive-thru. Wardle: Okay. If we were to remove those two specific conditions, the only condition left is the issue of permanency, which the bank can certainly come back at anytime -- tomorrow or after the Findings and modify; is that correct? Nary: Well, Madam Mayor, Members of the Council, Councilmember Wardle, might want to ask Mrs. Canning. I mean we have another little goofy wrinkle about this and it's because this existing use and conditional use is based on our old code, not our current code. If you recall, part of the reason for the original application was because we had a public use for the building, with the city being the occupant. That went away when the UDC passed. So, not making a decision on that conditional use now may be more problematic a year or two or three from now. De Weerd: Mr. Nary, I don't think that's what he said. Nary: Oh. De Weerd: He said go ahead, drop the additional conditions for the CUP modification, and just extend the life of the building until it's vacated and, then, anything else will be dealt with through another application, if that is the desire to change. Nary: Right. But that's the problem with the later application. Maybe Mrs. Canning can give you a little more about that. Canning: If you were -- if they were to come back tomorrow with a new application, it would be the same application that we have processed, but asking to remove the condition that you're considering adding regarding the temporary use. But if they were Meridian City Council October 25, 2005 Page 32 of 41 to come in and say what do I need to do to have this use here, the answer is you need to have a tenant improvement of a certificate -- a tenant improvement is all. So, I'm not sure what they would be applying for, other than exactly what's before you tonight, which would be a modification to their original CU. Their modification was turned in before the adoption of the new UDC. A new application would not be -- what the code generally says is that you have a use that -- the only thing I can really rely on is the nonconforming. It's conditionally allowed, but it's kind of the same thing and it says if you were nonconforming before, now you're conforming, you're conforming. So, I'm not sure what they would be actually -- I'm not sure what they would be applying for. De Weerd: So, what you're saying, because of the new UDC, that they wouldn't have to come through and request a change to their Conditional Use Permit to remove the building and put in the pedestrian mall? Canning: They still have their old -- are you suggesting that they come in and modify their original one or the one that you are considering approving now? De Weerd: The one that their -- would approve tonight, if they so chose, is only going to modify the -- or delay the removal of the building condition. I'll let Mr. Wardle suggest it himself, but that's what I assumed. But if they approve Findings, drop the two extra conditions that P&Z put on it, just extend the life of the building to be removed at a later date, they could come back and through their own initiated conditional use modification, and request that that removal of the building and the pedestrian mall be modified or taken off. That would be a separate application by them. Canning: Yeah. It just sounds odd, but I guess it would -- I guess if we took it in, it would be just -- it would be decided by our Planning and Zoning Commission at a minimum. De Weerd: And that's fine. That's the new UDC -- Canning: But without a termination date on a condition, I don't understand why they would ever come in. De Weerd: Well, there is a termination date based on action tonight on the Findings in front of them. Canning: Oh. Okay. I -- I give up. I'm confused. De Weerd: Thank you. Nary: Madam Mayor? Madam Mayor? De Weerd: Mr. Nary. Meridian City Council October 25, 2005 Page 33 of 41 Nary: Yeah. And not to try to make it more complicated -- I don't know that I could, but the only thing that -- the only other thing, I guess, to add to your discussion is that right now the only -- those two new conditions regarding cross-access and no access onto Main Street or from Main Street, if you remove those conditions, when that shed is gone, then, you will have vehicular traffic driving in and out through that where there is one exit door out of that building that people walk through, so -- the rear part of the building. So, if you remove it, then, you may have a safety condition that might be problematic, that is now the only thing that's requiring them to abate that safety condition is the condition that was required by you. De Weerd: And that shed is there illegally. Nary: Well -- and it's supposed to be gone shortly, so that's only my concern as the tenant, is having people exiting the building with cars driving right next to them. De Weerd: Okay. Think of yourself. Nary: And my staff. De Weerd: Do you have anything to add? Thierra: Madam Mayor and Council, I would agree with Mr. Nary that that access to and from Main Street does need to be blocked. We don't have any objection to that. De Weerd: And I guess -- I'm not going to throw in another discussion point, but -- so Council could move forward with the Findings, drop the cross-access and let the bank mull over what they want to do and come back through their own application process, should you choose to adopt these Findings in some form tonight. That's about as simple we can get it. Nary: It's very lawyer-like simple, Madam Mayor. That's was very good. Rountree: I don't know whether that's an -- Bird: I don't know whether that's simple or not. Rountree: -- an insult or a compliment. De Weerd: Dean, he said I don't know if that was an insult or a compliment. Thierra: I have nothing further. De Weerd: Thank you. Okay. You have a couple of different ways you can take this, Council. You can approve the Findings tonight or reconsider it at a later date. Rountree: Madam Mayor? Meridian City Council October 25, 2005 Page 34 of 41 De Weerd: Mr. Rountree. Rountree: Just a point. It seems to me there is enough confusion that we are just going to have a series of these actions that are going to compound on one another. My preference is just to have an opportunity for the applicant to be heard. They did have a previous opportunity, they were not here, and we acted on some assumptions, on some information that was provided that may not have been quite to the point. My preference is that we reset the hearing for reconsideration and make sure that there is sufficient time that the bank knows what it is they do and don't want to do and if, in fact, they want to keep permanent status of the building, then, there are other conditions in the previous conditional use -- in the previous Conditional Use Permit that need to be modified, get it done so a Council two terms from now won't have to go through what we just went through this evening and I'm still a bit confused as to where we are. Having been on the receiving end of those kinds of things, it is difficult, as the years progress. So, my preference is let's get it cleaned up for everybody's interest and reset this for hearing the 15th of November. Donnell: Is that a motion? Rountree: That's my motion. Wardle: I will second that motion, if I may have additional discussion. De Weerd: Well, by seconding you granted yourself the right to discuss. Wardle: Perfect. Robert's rules. I agree that we need to get this resolved. My -- some of my earlier expectations and some comments made on the part of the applicant, I suggest a compromise that I think will fit into our -- into what the city is looking for, as well as what the bank is looking for, and that is let's reconsider this, let's talk about the merits of a permanent -- have the bank come back, present all of their requests, the permanency of that structure, and to have them bear the cost of an additional noticing for Public Hearing, I believe that would satisfy some of my concerns, and let's hear it and let's decide it and do away with any of the confusion. Rountree: The maker of the motion would agree to the statement about fees. De Weerd: Okay. So, the motion is to put this on for reconsideration November 15th and assess the additional noticing fees to the bank, which would now be, technically, the applicant. Okay. Mr. Berg, do you want to call roll on this. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 25, 2005 Page 35 of 41 Canning: Madam Mayor, before you move onto the next application, it appears to me that some of the confusion tonight resulted from correspondence that you had regarding the office lease and maybe if we could get those in our files, so that we could summarize it in a new staff report, then, everybody would have the same information. Would that be helpful? De Weerd: Yes. Canning: Thank you. Item 10: FP 05-062: Request for Final Plat approval for 12 commercial building lots and 2 common area lots on 4.65 acres in an L-O zone for Paramount Villaae Center Subdivision (fka Julie Subdivision) by Engineering Northwest, LLC - east of North Linder Road and north of McMillan Road: Item 11: TE 05-009: Request for approval of a second one-year time extension to commence work on the approved conditional use permit for Finish Line Automotive by Lee Kallenberger - NEC of West Franklin Road and North West 10th Street: De Weerd: Okay. Item NO.1 0 is FP -- and, you know, we really thought we would be out of here by 8:00 o'clock. Item No. 10 is FP 05-062 and Item 11 is TE 05-009. Staff, are there agreements on these two items? Canning: Madam Mayor, regarding Paramount Village Center Subdivision, we have a letter of agreement stating -- a letter stating they are in agreement with the terms of the application. Regarding the time extension, we request that you vacate this from your agenda. It was another issue where they -- instead of applying for a time extension, they just need to just complete their certificate of zoning compliance. We ask that the fees that they paid for the time extension be applied toward a new certificate of zoning compliance. We did issue a new one based on the Unified Development Code, so that they do have a full year to date to get that done. De Weerd: Okay. So, I would entertain two separate motions. First on Item 10. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 10. FP-05-062 and to approve the Findings. Donnell: Second. De Weerd: Okay. Motion to approve Item No. 10. Is there any discussion? Mr. Berg, will you call roll. Meridian City Council October 25, 2005 Page 36 of41 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Item 11. Wardle: Madam Mayor? Bird: Just a second. Madam Mayor? De Weerd: Mr. Bird. Bird: We have a letter in our packet that asks for this to be removed from our items for today. De Weerd: And that probably was the motion. Bird: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we remove Item 11, TE 05-009, from our agenda and to apply all fees paid by the applicant to a certificate of zoning compliance. Rountree: Second. De Weerd: Okay. Motion to remove Item 11 with the fees to be reapplied. Well, since we have a fee -- Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: MI 05-011 Request to remove the approved development agreement for The Plavaround. Inc. by Ronald Van Auker -1822 East Overland Road: De Weerd: Item 12 is Public Hearing MI 05-011. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a miscellaneous application. It's a request to modify a development agreement that has been in place since 1994. It's for the properties located at the northeast corner of Locust Grove and Overland and it was originally known as The Playground Subdivision. When you annexed this Meridian City Council October 25, 2005 Page 37 of 41 property a number of years ago, there was an RV park right at the corner on Lot 1 that- - and maybe I got that lot wrong. There was one on the corner, anyway, that is an RV park and the original intent was that there would be other entertainment uses within the subdivision. That has not happened. Sysco is on the property immediately east of that and Sysco is interested and has now acquired the property to the north. So, the request is to remove the two Sysco properties from that development agreement, which limits the entertainment -- limits it to entertainment and recreation uses. That's my most succinct summary of the application. De Weerd: Okay. Any questions for staff? Is the applicant here? Do you have comments? Do you have a comment? If you will, please, state your name and address. Eng: John Eng, Arrow Development for the applicant, Graven Properties, Inc. De Weerd: Do you agree with staff's comment? Eng: Yes. De Weerd: Okay. Questions from Council? Bird: I have none. De Weerd: Okay. Thank you, John. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I would like to make a motion that we close the Public Hearing on Item No. 12. Rountree: Second. De Weerd: Is it okay if I first ask if there is anyone else who would like to provide testimony? Donnell: Sure. Go right ahead. De Weerd: Is there anyone who would like to provide testimony on this application? Okay. Seeing none, I will entertain your motion to close the Public Hearing and the second. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Donnell: Madam Mayor? Meridian City Council October 25, 2005 Page 38 of 41 De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve MI 05-011, a request to remove the approved development agreement for The Playground, Incorporated, on east Overland Road. Rountree: Second. De Weerd: Okay. Motion to approve Item No. 12. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: RP 05-003 Request to split one parcel into two parcels for Linda Yanke by Linda Yanke - north of West Franklin Road and east of Linder Road: De Weerd: Thank you. Item 13. This is listed as a Public Hearing, although it's just a request for a one lot split or a split. It does not need to be a Public Hearing, but we will have staff comment on Item 13, RP 05-003. Canning: Madam Mayor, Members of the Council, this should be your last reduction in platting requirements request and it is to divide the subject property into two parcels. The first is about one acre. The other one is about two and a quarter acres in size. It's an I-L zone and the lots satisfy the requirements of the I-L district. So, staff is recommending approval, and there was no -- no site specific conditions of approval placed on this, other than our general requirements. De Weerd: Well -- and I'm sure the applicant stayed here tonight just so she could make comment; correct? Does the applicant have any comment to staff's recommendations? Okay. Council, do you have any questions for staff or the applicant at this time? Bird: I have none. De Weerd: Is there anyone else who would like to provide testimony on this application? And since it's not a Public Hearing, I didn't need to say that, but-- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve RP 05-003, incorporate staff and applicant comments. Rountree: Second. Meridian City Council October 25, 2005 Page 39 of 41 De Weerd: Okay. Motion to approve Item 13. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 14: Amendment to Ordinance No. 05-1192: AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Approve Item 15: Ordinance No. 05-1196 Enacting a New Title 7 f Chapter 1, Section 12, Meridian City Code Making It Unlawful to Drive in a Nealiaent Manner: Item 16: Ordinance No. 05-1197: Amending Title 2, Chapter 3f Section 2 of the Meridian City Code Regarding Membershio for the Traffic Safety Commission: De Weerd: Okay. Thank you. Items 14, 15 and 16 are ordinances 05-1192,05-1196 and 05-1197. Mr. Berg, will you, please, read these ordinances by title only. And for you students who are left behind, if you want a City of Meridian pin, I would be more than happy to give you one. Anyone who can last through this mass confusion or -- so while you read that, I will -- Bird: You guys were good and we know you're from Meridian. Christine, you did a good job getting them through. Donnell: Yes, I did. You bet you. Berg: I don't know about that. I mean I'm from Meridian. Donnell; You're too old. Bird: What did you say, Will? Wardle: Mr. Berg. Nary: Mr. President? Wardle: Mr. Nary. Nary: Do we need to clarify just on the record that the Windwalker one is just a cleanup, because there was an error in the original ordinance as to the property owner Meridian City Council October 25, 2005 Page 40 of 41 and so you have already previously approved this annexation, it's just a cleanup of some of the text. So, that's why that was in there. Berg: Thank you, Madam Mayor, Members of the Council. Amending Ordinance No. 05-1192, an ordinance for annexation of property located in the northwest quarter of the southwest quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate city limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said land from RUT to R-8 in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing for an effective date. Berg: Ordinance 05-1196, an ordinance enacting a new Title 7, Chapter 1, Section 12, Meridian City Code, make it unlawful to drive in a negligent manner and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ord inance 05-1197, an ordinance amend ing Title 2, Chapter 3, Section 2 of the Meridian City Code, establishing membership for the Traffic Safety Commission and providing for a summary and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Okay. You have heard these ordinances read by title only. Is there anyone who would like to hear it read in its entirety, any of these ordinances? Thank you for not saying so. Okay. Council, I would entertain a motion to approve Items 14 through 16. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 05-1192, 05-1196 and 05-1197 with suspension of rules. Rountree: Second. De Weerd: Okay. There is a motion to approve the ordinances as read, Items 14 through 16. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 25, 2005 Page 4] of 42 Item 17: Executive Session per Idaho State Code 67-2345(1)(c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Thank you. Item 17 is an Executive Session per Idaho State Code 67- 2345(1 )(c). Do I have a motion? Rountree: Madam Mayor, I move that we go into Executive Session per Idaho Code 67-2345(1 )(c). Bird: Second. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? ALL AYES. MOTION CARRIED. Meridian City Council October 25, 2005 Page 42 of 42 MEETING ADJOURNED AT 9:31 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) LI !~/t9~ DATE APPROVED October 21, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 25, 2005 ITEM NO. 5-F REQUEST Contract for the Support Services for Existing Model Updat with JUB Engineers, Inc. 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: See attached ~~ Contacted: Em ailed: 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: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer cc: Brad Watson, P.E., Public Works Director Date: 10/18/2005 Re: Proposed Agenda Item for October 25, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the October 25 City Council agenda, under Consent Agenda, for Council's consideration: *' Additional Support Services for Existina Model Update. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $10,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18th of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project consists of a contract amount increase to accommodate additional support services which include flow monitoring and model update assistance. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Support Services for Existing Model Update with JUS Engineers, Inc. for an additional $10,000 and authorize the Mayor to sign it. Sewer Collection Svstem Maintenance Proaram Peer Review. CH2M HILL, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $35,500. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18th of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project consists of evaluations and recommendations relative to the existing sewer collection system cleaning and maintenance program, procedures and related computer software and processes. . Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Collection System Maintenance Program Peer Review with CH2M HILL, Inc. for $35,500 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 2 au.a } 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: PROJECT NAME: J-U-B Project Number: City of Meridian Misc. Wastewater Proiects 10-05-025 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, dated Feb. 15 2005 J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a -Name ---IlLL. 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: Increase budaet amount to $30 000 Dated this _ day of 200Q. City of Meridian Print or Type Glient Name J-U-B ENGINEERS, Inc. By: Client or Representative Signature By: -bpretf:~ Tammv de Weerd Mavor Print or Type Name and Title Phillio H. Krichbaum P.E. Proiect Mar. Print or Type Name and Title October 21, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 25,2005 ITEM NO. 5-G REQUEST Sewer Collection system Maintenance Program Peer Review with CH2MHILL Inc. 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: See attached ()~~ Contacted: EmaiJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director Date: 10/18/2005 Re: Proposed Agenda Item for October 25, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the October 25 City Council agenda, under Consent Agenda, for Council's consideration: Additional Support Services for Existina Model Update. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $10,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18th of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project consists of a contract amount increase to accommodate additional support services which include flow monitoring and model update assistance. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Support Services for Existing Model Update with JUS Engineers, Inc. for an additional $10,000 and authorize the Mayor to sign it. .~ Sewer Collection System Maintenance Proaram Peer Review. CH2M HILL, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $35,500. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18th of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project consists of evaluations and recommendations relative to the existing sewer collection system cleaning and maintenance program, procedures and related computer software and processes. .. Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Collection System Maintenance Program Peer Review with CH2M HILL, Inc. for $35,500 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 2 Exhibit A Task Order Sewer Collection System Maintenance Program Peer Review City of Meridian This Task Order between the City of Meridian (City) and CH2M HILL, lNC. is pursuant to the terms and conditions set forth under a Miscellaneous Engineering Services Agreement executed between the parties on July 16th, 1993. CH2M IDLL (Consultant) shall provide the following services, as described herein, related to providing a peer review of the City's existing Sanitary Sewer System Cleaning and Maintenance Program. 1his work is broken into two distinct parts - (Task 1) evaluation and recommendations relative to the existing sewer collection system cleaning and maintenance program, procedures and processes; and (Task 2) evaluation and recommendations relative to the existing collection system related computer software and processes (GIS systems, mapping, sewer collection maintenance data, etc...). The budget for these services is presented in Exhibit"B on a per-task basis. These per-task budgets were developed to establish the level of effort for each task as well as to establish the overall project budget. Task 1. Sewer ,Maintenance Program Peer Review The Consultant will employ a sub consultant with extensive expertise on the subject of sanitary sewer operation and maintenance, Mr. Victor Coles of Municipal Services Company, to assist with work related to this task. Mr. Coles will provide assistance on all subtasks with. special emphasis on pre-interview checkl:ist development, review of current activities and the development of final conclusions and recommendations. 1.1 Existing Program Definition The purpose of this subtask is to investigate and define the City's existing sewer system cleaning and maintenance program to allow it to be reviewed, compared and commented on relative to industry and area standards in later subtasks. Consultant will endeavor to gain a comprehensive understanding of the City's sewer maintenance program, processes and procedures (written and unwritten) in order to make an accurate peer comparison possible. The Consultant will perform the scope of work as generally descnbed below to document the existing program and the City will provide timely access to appropriate City Staff and systems. Consultant will interview City Staff relative to their existing sewer collection system cleaning and maintenance program. To aid in the interview process, a pre-interview checklist will be developed based on published literature and the Consultant's (and their subconsultanes) experience in this area. The following is a preliminary list of discussion items that are anticipated to be part of the pre-interview checklist and this discussion items during the City interview process. · Manhole and Line condition assessment - frequency ;method, documentation and resulting action · CCIV inspections - frequency, interpretation and documentation . Line cleaning - method, frequency, prioritization . SSO frequency and associated procedures · 1/1 - monitoring, logging and. corrective actions/procedures · Blockage/Odor identification and corrective actions/procedures · Contractor usage - on-call, predetermined frequency/program, City/Contractor work split determination and past expenditure totals . Maintenance activity logging · System rehabilitation - identification, priority setting, method and general process · City Staff - number, assignments and duties . City Staff Training - frequency, content and method · Equipment Ownership and Usage- CeTY, hydro jet, root cutter, vador truck, etc... · New Construction Inspection/ Approval process · Public Involvement - work notice, lateral issues, etc... . Pretreatment Program · Overall Program Documentation - program continuation ease (employee turn-over) DeJlverables A memorandum will be prepared that sununarizes the Consultant's findings. This memorandum will be shared with the City in draft form for review and comment to emJure that the Consultant accurately understands the City's existing programs and systems. Assumptions · The City will provide a copy of all documented sewer cleaning programs, processes and procedures for Consultant review prior to interviews. · Consultant will prepare and present a pre-interview checklist to the City · No more than two interviews of City Staff will be necessary to complete this subtask. . All appropriate City staff will attend the interviews. · All information required to complete this subtask will be available in a timely manner. 1.2 Peer Review The purpose of this subtask is to investigate and document what the City's peers are doing with their sewer system cleaning and maintenance programs. 11tis subtask will be broken into two distinct parts - (1) an industry literature review; and (2) a local peer program review. The Consultant will perform the scope of work for this subtask as generally described below. Literalure/Vendor RevIew Consultant will perform a literature review to determine and document industry standard procedures, processes and trends relative to sewer cleaning and maintenance. Literature will be focused primarily on EP A guidance documents and wastewater orgariizational publications (WEF, PNCWA, etc...). local Peer Program Review Consultant will perlorm abbreviated interviews with local/regional municipalities to determine and quantify differences with the City's Sewer Maintenance Program. This peer review exercise will focus on Municipalities and Sewerage Agencies in EP A's Region 10 that are either (1) along the Idaho 1-84 corridor and/or (2) of similar size and climate as the City of Meridian. The number and identity of those involved in the peer review is variable depending on responsiveness. Initial targets for peer review are the City of Boise, Nampa, Caldwell, Twin Falls and Pocatello as well as the Northwest Boise Sewer District. Deliverables A memorandum will be prepared that summarizes the Consultant's findings from this Subtask. This memo will be shared with the City in draft form for review and comment. Assumptions · This subtask will be limited to a minimum of three and a maximum of five peers that will be interviewed depending on the time required to gather information. 1.3 Recommendations The purpose of this subtask is to review the findings from the previous subtasks and make reconunendations (if any) to the City of Meridian for potential improvements to their Sewer Maintenance Program. Consultant will develop recommendations for not only the present, but general recommendations for future improvements as well. Consultant shall prepare a draft recommendation memorandum as part of this subtask, present it to the City during one fotu' hour meeting and will revise it to incorporate City review comments before finalizing. One additional 4 hour meeting is assumed after the presentation to discuss and refine Ute recommendations. Deliverabtes Consultant shan prepare six copies of the final version of all three memorandums prepared as a result of this and the previous subtasl%. prepare an executive summary and bind together for dishibution within the City. Assumptions · Review and comment on the City's safety program and procedures is not included in this scope of work · Program review will be focused on the sewer cleaning and maintenance program only. 'This activity is not to be considered or intended to be a pre-CMOM audit. Task 2. GIS & Software Peer Review 2.1 Existing Program Definition The purpose of this subtask is to investigate and define the City's existing sewer collections system computer softwareJ its present usage and capabilities to allow it to be reviewed, compared and commented on relative to industly and area standards in later subtasks. The Consultant will perform the s<;ope of work as generally described below to documen~ the existing systems and the City will provide timely access to appropriate City Staff and systems. Consultant will interview City Staff relative to their existing sewer collection system related computer software U'3age... proceS5es and future plans. Specific attention will be paid to the City B existing maintenance and condition assessment management softwareJ collections system modeling softwareJ GIS software and the application and the interconnection of each. The purpose of this activity is to gain a comprehensive understanding of the City's existing software, systems and capabilities in order to make an accurate peer comparison possible. Deliverables A memorandum will be prepared that summarizes the Consultant's findings. This memorandum will be shared with the City in draft form for review and comment to ensure that the Consultant accurately understands the City's existing programs and systems. Assumptions · No more than two interviews of City Staff will be necessary to complete this subtask. . All appropriate City staff will attend the interviews. · All information required to complete this subtask will be available in a timely manner. 2.2 Peer Review The purpose of this subtask is to investigate and document what the City's peers are using for their sewer system software and GIS needs. This subtask will be broken into two distinct parts - (1) an industry literature review; and (2) a local peer review. The Consultant will perform the scope of work as generally described below. LlteratureNendor Review Consultant will perform a literature review to determine and document industry standard procedures, processes and trends relative to sewer computer software applications and usage. Literature review relative to computer software applications and trends will be focused on wastewater organizational publications (WEF,. PNCW AJ etc...) and software vendor literature/correspondence and references. Local Peer Program Review Consultant will perform abbreviated interviews with local and regional municipalities to determine and quantify differences with the City of Meridian's Sewer Collection System Software usage. This peer review exercise will focus on Municipalities and Sewerage Agencies in EPA's Region 10 that are either (1) along the Idaho I~84 corridor and/or (2) of similar size and climate as the City of Meridian. The number and identity of those participating in the peer review is variable depending on responsiveness: Initial targets for peer review include the City of Boise, Nampa, Caldwell, Twin Falls and Pocatello as well as the Northwest Boise Sewer District Deliverables A memorandum will be prepared that summarizes the Consultant's findings from this Peer Review Subtask. This memorandum will be shared with the City in draft form for review and comment. Assumptions . This subtask will be limited to a minimum of three and a maximum of five peers that will be interviewed depending on the time required to gather the applicable information. 2.3 Recommendations The purpose of this subtask is to review the findings from the previous subtasks and make recommendations (if any) to the City of Meridian for potential improvements. Consultant will develop recommendations for not only the present, but general recommendations for future improvements as well. Recommendations will cover potential GIS/software applications and general usage refinements. Order of magnitude costs for implementing the recommended improvements will be generated. Consultant shall prepare a draft recommendation memorandum as part of this subtask, present it to the Gty during one four hour meeting and will revise it to :incorporate City review comments before finalizing. One additional 4 hour meeting is assumed after the presentation to discuss and refine the recommendations. Deliverables Consultant shall prepare six copies of the final. version of all three memorandums prepared as a result of this and the previous subtasks, prepare an executive sununary and bind together for distnbution within the City. Project Management and Meetings Consultant shall set up intemal accoWlting files and project numbers. Consultant's project manager shall coordinate and review work activities of the project team. Consultant shall prepare and submit invoices to the City on a monthly basis. Consultant shall accompany invoice with a brief status report of one-page or less. Project Budget The work described herein will be :t:lliU\aged and billed on a time and materials basis with a noHo-exceed amount of $35,5VO as enumerated in Exlubit B for Tasks 1 and 2. CUENT: CITY of Meridian CH2M HILL... INC: Signature Signature Name (printed) Name (printed) Title Title Date Date Exhibit B - Payment Task Order Sewer Collection System Maintenance Program Peer Review City of Meridian October 2005 Task Task Total $23,200 $12,300 $35,500 1 - Maintenance Program Peer Review 2 - GIS & Software Peer Review TOTAL EXHIBrf B V3.DOC October 21,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 25, 2005 ITEM NO. 5-H REQUEST Change Order No. 1 for the McMillan Water Extension Project with Mosco, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY 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: See attached ~.rJ Contacted: Em ailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. OCT 1 9 2005 Memo City of Meridian City Clerk Office To: Will Berg; Tara Green From: Clint Dolsby, P.E., Staff Engineer cc: Len Grady, P.E., City Engineer Date: 10/19/2005 Re: Proposed Agenda Item for October 25, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 25 City Council agenda, under Consent Agenda, for Council's consideration: Chanae Order No.1 for the McMillan Water Extension Proiect. Additional work is required for the completion of the McMillan Water Extension Project Construction Services. This change order consists of the following work: Soft spot repair on the base for the surface restoration on McMillan Road near the intersection with Meridian Road. Cold mix. pavililg for the intersection of McMillan and Meridian Road. Permanent paving at the intersection of Locust Grove and McMillan Road. An additional 660 feet of 12-inch waterline that was installed by Masco, Inc. and partially reimbursed by Far West LLC along with additional traffic control. Additional asphalt thickness and saw cutting that was required in McMillan Road. Mascot Inc submitted a cost for this change order as summarized below: Masco, Inc $56,501.58 Reeommended Council Action: The Public Works Department. recommends that City Council approves Change Order No. 1 for the McMillan Water Extension Project with Masco, Inc. for $56,501.58 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 CHANGE ORDER NO.1 ~ DATE OF ISSUANCE EFFECTIVE DATE OWNER City of Meridian CONTRACTOR Masco Inc. Contract: McMillan Water Extension Proiect Project: . McMillan Water Extension Proiect OWNER's Contract No. N/A ENGINEER ENGINEER's Contract No. N/A You are directed to make the following changes in the Contract Documents: Description: This change order consists of the following work: Soft spot repair on the base for the surface restoration on McMillan Road near the intersection with Meridian Road. Cold mix paving for the intersection of McMillan and Meridian Road. Permanent paving at the intersection of Locust Grove and McMlIlan Road. An additional 660 feet of 12-inch waterline that was installed by Masco, Inc. and partially reimbursed by Far West LLC along with additional traffic control. Additional asphalt thickness and saw culling that was required in McMillan Road. Reason for Change Order: Soft spots were found and repaired in severallocalions on McMillan Road near the intersection wllh Meridian Road prior to placing the first lift of pavement. Cold mix paving was required in the intersection of McMillan and Meridian Road. Additional waterline was installed by the Contractor and additional asphalt thickness and saw cutting was required for the project. Attachments: (List documents supporting change): Faxed estimates from Masco, Inc. and spreadsheet estimate from City of Meridian. CHANGE IN CONTRACT PRICE: Original Contract Price $ 326 075.00 Net Increase (Decrease) from previous Change Orders No. ~ to ~ : $ 0 Contract Price prior to this Change Order: $ 326 075.00 Net increase (decrease) of this Change Order: $ 56501.58 Contract Price with all approved Change Orders: $ 382576.58 RECOMMENDED: ACCEPTED: By: By: Clint Dolsby, Staff Engineer Contractor Date: Date: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) N~t change from previous Change Orders No. _ to No; : Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) APPROVED: ATTEST: By: By: Tammy de Weerd, Mayor William G. Berg, Jr. City Clerk Date: Date: Approved by City Council: EJCDC 1910-8-8 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. d4~-, .7~ JlIV~ . .l:xcaVating & paving Contractor Pipeline Specialists Since 1977 5450 vv. Gowen Road · Baise, Idaho 83709 · Phone: (208) 362-6152 . Fax: (208) 362-6199 December 29,2004 Mr. Clint polsby City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: McMillan Water Extension Subject: Cold Mix Paving Dear Mr. Dolsby: Masco will be installing the 12" waterline in the intersection of McMillan and Meridian Road starting 1/03/05. All the. asphalt hot plants in 'the valley will be shut doWn for winter maintenance. We therefore propose installing cold mix until weather allows a permanent repair. The cost for the temporary paving is as follows: Cold Mix Paving Remove Cold Mix Traffic Control 390 SF 390 SF 40HR @ $2.00 @ $1.00 @ $20.00 Sub- Total Less Discount Total $780.00 390.00 800.00 $1,970.00 (870.00) $1,100.00 Please let me know if this is acceptable. Sincerely, q(~~ ~< Dave Turner Vice President DT:km Faxed to 898-9551 O:\McMillan Water Extension. #461 OO\Correspondence\Temp Cold Mix Paving. doc · DEC-J5-200lLOJED) 10: 12 . . . . t,jRSCD (FRx)?ns 352 5199 P.001/OOl J~".~.. .....~..~.. J::xC.,:n"atlng &. PaVtng Contractor Pfpelfne Specialists . Since 1977 5450 W. Gowen Roaa - Boise, Idaho 83709 . PfTOne: (208) 362-5152 .. Fax; (208) 362-5199 December 15) 2004 Mr. Clint Dolsby , City of Meridian 33 E. Idaho Meridian., Idaho 83642 Re; Mc~ 'Water E.'\1cnsion -. Soft Spot Repair De!l! Mr. .oolsby: . , . . . ..' vie ate l;;:Urrently proceeding with a soft ::''P~t ~pair on fhe McMillin Water E:x:t:enslon as follows: ' ' , . Soft Spot 420 :~~et;;;;; $'widc X 2'dccp = J 56 ~an..1:: cubic 'yards VI. e :will ;u11' ~g. materi31 out at a cost of'$14/CY. lS6bcy. X $14/cy :::; $2S84.00. Please let us know if this is uot'acccptnble.. S~ncere]y, 'Ml~~,~Uy,.~ DaVe Turner . 7fu Vice President DT:jk <<:<a !!.!:..~!.~ 131 S. \'Z 5th Avenue, Suire A . Meridian, ID 83642 108-288-1992' Fa.'\:: 208.288-1999' \\~vw.kdler:l$sociares.com A Company of Proftssio1Ut/ EI/gil/eers December 2, 2004 Mr. Clint Dolsby, P.E. City of Meridian Public Works Department 660 Watertower Lane, Suite 200 Meridian, ill 83642 Re: McMillan Water Extension Project Mosco Change Order Response Meeting Summary Dear Clint: This letter is a summary of the meeting held on December 1, 2004 at the Meridian Public Works office. m attendance representing the City of Meridian were Len Grady and Tom Johnson; representing Masco mc. were Ryder Irvine and Dave Turner; and representing Keller Associates were Keven Shreeve and Donn Carnahan. The final agreed upon action is to compensate Masco an additional $11,548.03 for the Type P Asphalt repair, $5,968.50 for the Petra Mat with Tack, and $2,785.30 for the additional saw cutting for a total increase of $20,301.83. The intent is to avoid temporary asphalt repair work. The latest lO-day forecast indicates five consecutive days (December 7-11) with temperatures above 40 degrees. Masco agreed that they would be ready to complete the Type P Asphalt repair at such time ACHD allows the work to be completed (anticipated any time within the next couple weeks). Masco agreed to prepare and submit a cost difference proposal for constructing the north leg of the MeridianlMcMillan intersection water improvements during the original contract time verse delaying the work 1Ultil spring. m addition, Masco agreed to provide a cost estimate for providing and then removing a temporary asphalt patch. If you have any questions or need additional information, please call me. Sincerely, KELLER ASSOCIATES, INC. JJ-~ ~ Donn Carnahan, P .E. Project Manager DC/cw cc: City of Meridian, Len Grady City of Meridian, Tom Johnson Masco, Dave Turner ACHD, Ed Merrill Keven Shreeve File Meridian . Pocardlo Quality Engineering to Satisfied Cliems 104049/2/04-688 June 17,2005 :Mr. Clint Dolsby City of Meridian 33 E. Idaho Meridian, ID 83642 Re: McMillan Water Extension Dear:Mr. Dolsby: Masco has completed the permanent paving for the intersection of Locust Grove and McMillan. ACHD required that work to be perlormed on the weekend and also requested the road to be closed. The costs are as follows: Specialty Construction 15% Markup for Overhead & Profit Repave Intersection 24' X 10' X $3.00/SF Remove Temporary Patch 24' X 10' X $1.50/SF Hot Plant Start Up on Weekend $1,781.00 267.15 720.00 ./ 360.00 () 1'--, $3~;~'~~ ~ JOJJ. c;- Please prepare a change order for this temporary paving and for the other items that you have yet to prepare a change order. 1) Soft Spot Repair (12/15/04 Letter) 2) Petra Mat and Additional Saw Cut 3) Asphalt Only for Extra Depth - 421 ton @ $27.43/ton The total is $26,363.98. Please prepare a change order. Sincerely, riCA'S---- Dave Turner Vice President DT:jk O:IClo,ed JcbsIMcMillan Water Extension - #46WO\C.O.RICity o[Meridian-McMillan COR 6-17.0S.doo $2,184.00 8,753.80 11,548.03 2004 McMillian Water Extension Masco, Inc. Unit Bid Bid Item Item No. Description Qty. Unit Price Total 207.4.1.0.1 Removal of Existing Blowoff EA $ 653.00 304.4.1.B.1 Trench Stabilization CY $ 2.30 307.4.1.0.1 Type C Surface Repair LF $ 1.60 307.4.1.F.1 Tvpe P Surface Repair 660 LF $ 7.20 $ 4,752.00 308.4.1.A.1.a Steel Casing Pipe Boring & JackinQ, 30" Oia. LF $ 570.00 308.4.1.A.1.b Steel Casing Pipe Borinq & JackinQ, 24" Oia. LF $ 570.00 401.4.1.A.1.a Water Main Pipe - 16" Class 150, C905 LF $ 34.00 401.4.1.A.1.b Water Main Pipe - 12" Class 150, C900 660 LF $ 23.90 $ 15,774.00 401.4.1.A.1.c Water Main Pipe -10" Class 150, C900 LF $ 38.70 401.4.1.B.1.a Water Main Fitting, 16"x 12" Tee EA $ 1,660.00 401.4.1.B.1.b Water Main Fitting, 12"x1 0" Tee EA $ 923.00 401.4.1.B.1.c Water Main Fitting, 16" Bend EA $ 789.00 401.4.1.B.1.d Water Main FittinQ, 12" Bend EA $ 431.00 401.4.1.B.1.e Water Main Fitting, 10" Bend EA $ 465.00 401.4.1.B.1J Water Main FittinQ, 12" AdapterFLxMJ EA $ 177.00 402.4.1.A.1.a Valve -16" - Gate Valve EA $ 4,670.00 402.4.1.A.1.b Valve - 12" - Gate Valve EA $ 1,380.00 402.4.1.A.1.c Valve -10" - Gate Valve EA $ 1,150.00 402.4.1 .A.1.d Valve -16" & 2" Blow Off Assemblv 7.12B(w) EA $ 3,520.00 402.4.1.A.1.e Valve - 12" & 2" Blow Off Assembly 7.12B(w) EA $ 3,520.00 1103.4.1.A.1 Construction Traffic Control LS $ 6,700.00 1103.4.1.B.1 Traffic Control Signs 2076 SF $ 4.10 $ 8,511.60 1103.4.1.0.1 Traffic Control Drums EA $ 16.10 1103.4.1.G.1 Portable Tubular Markers EA $ 11.50 2010.4.1.A.1 Mobilization LS $ 14,000.00 SP-1 Relocate Irrigation Manhole, Station 33+46 EA $ 1,530.00 SP-2 Trim Tree and Stump Grind Roots LF $ 2.30 SP-3 Remove and Reset Sign EA $ 57.50 SP-4 Remove and Reset Mail Box EA $ 57.50 SP-5 Sampling Tap EA $ 367.00 SP-6 10" Pressure Reducing Station LS $ 13,800.00 SP-7 Potholing for Utilities EA $ 326.00 SP-B ACHO Permit and Fees LS $ 4,260.00 SP-9 Connect to Existing Water Main EA $ 653.00 TOTAL $ 29,037.60 Any Proposal that contains omissions, erasures or alterations not initialed, additions of any kind, prices uncalled for, prices that are obviously unbalanced, or that in any manner fail to conform to the published Invitation to Bid can be considered unres Bidder: October 21 , 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 25, 2005 ITEM NO. 5-' REQUEST Sanitary Sewer and Water Main Easement Agreement for Jackson's Food Store 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: See attached ,/ 0Jff Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings ~hall 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: 10/18/2005 Re: Proposed Agenda Items for 10/25/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 10/25/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Jackson's Food Store. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Jackson's Food Store and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ;).7 day 0~20~between~iq,I1.$h:zJ ~!<5.:L.r 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 sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, 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, itls successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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 Sanitary Sewer and Water Main Easement EASMT.S&W.doc Page 1 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 do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, 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 \VITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above vvritten. GRANTOR:::};L~.>;"LS bA Store.$.:;:DK.. GRANTEE: CITY OF MERIDIAN: ~/d.r/o s Date !Ld~a (;tfure Date Tammy de 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 ,e; ep>1- , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared :J7:". r: t: Ilcu/; <; and , Imown or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. a~~ NOTARY PUBLIC FOR IDAHO Residing at at" r Jrl/A,)./ Commission Expires: vV;J.~7i i"--IO Page 2 B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Rd. Boise, ID 83705 Telephone 208-343-3381 Facsimile 208-342-5792 Land Description City of Meridian Water Service and Fire Hydrant Easement Jacksons Eagle Road and Pine Avenue 23 September 2005 A parcel of land situate in the northwest quarter of the southwest quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the west quarter corner of said Section 9; thence N89010'44"E, 307.80 feet along the east-west centerline at said Section 9; thence SOoo49'16"E, 50.00 feet to the southerly right-af-way af Pine Avenue; thence S89010'44"W, 97.50 feet along a the southerly right-of-way of Pine Avenue to the Point of Beginning: Thence SOoo49'16"E, 10.00 feet; Thence S89010'44"W, 20.00 feet along a line parallel to the southerly right-at-way of Pine Avenue; Thence NOoo49'16"W, 1 0.00 feet to the southerly right-of-way of Pine Avenue: Thence N89010'44"E, 20.00 feet along the southerly' right-af-way of Pine Avenue to the Point of Beginning. Comprising 200 square feet, more or less. EXHIBIT A OJ I-- OJ :t ~ lJJ / 7. l1J l1)C) mal[) ~C"\J", t::: C"\J ()) CD ~ ~ ~ '\:;t '\:;t ~. ~C): . 00. Q) a.: C) _~. t::: ~g: ~ co . Q. co <: l...<.r) o U 2/ ""J- "" tj ~ .OO'OZ .00'01 .OO'OZ .00'01 ./79'QZ .OO'OQ 3:JNVl S 1 G fv)'\:;t -.J-J t...() -J Lr) -J c::: <J l... c::: -0 <b ~ ~ <J ~ <b:S:: tJ :t: LlJ 3 _ /7 /7 . 01 068 N M_ 91.6/7000 N M _ /7 /7. 0 1 068 S 3-91.6/7000 S 3- 00. 9fo/7/7 N 3-91.6/7000 S 9NI(fV38 .Zg'Oer M _ 60. 00..00 S 6J ~ c9 /i "/ Yo 'c.9 8-y at:? /> .IQ-06Z 3_60.00..00 N peo!::! 8/15133 9 7 Q 7 /7 7 r 7 Z 7 1 7 3N/7 m .J::: t..:l t..:l m :::.. m t..:l CI) l.." ..\c: t::: m mCl)- ::::s CI) t::: m l.." t::: (J) :::.. ~ ~ ~ ~ ~ : ~ m t\S CI) t::: ~ lLJ "tJ 0.. o '"0 o t::: l1... (tl t..:l t::: l.() ~ ~ CI) co C\f l.." ~ m i< OJ m C") -Q c::: '<:t ~ .~ :' -. c::: 0;) Q.lLJ~ '0 ~ ~ C\f t\:I o r:r: '"0 c::: t\S l.." l.." m "tJ CI) ~ :::..., c::: ::t::. 0 CJ) o m ~ l.." t..:l :::...,._ tU m -. l1... """:) t:r.J tU lJ.J C(j; CQ () C(:S October 21, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 25, 2005 ITEM NO. 5-J REQUEST Agreement for Professional Services for Miscellaneous NPDES Permit Assistance with CH2MHILL 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: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached (fl;(rr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetIngs shall become property of the City of Meridian. To: Mayor De Weerd & City Council IFrom: Brad Watson, P.E. CC: File, City Clerk Date: 10/18/05 Re: October 25, 2005 City Council Meeting Agenda Items The Public Works Department requests that the items below be considered on the October 25 City Council agenda, on the Consent Agenda, for Council's consideration. Aoreementfor Professional Services - Miscellaneous NPDES Permit Assistance CHM2HiII. This agreement authorizes CH2MHiII to provide technical assistance on the City's wastewater and biosoHds NPDES permit renewal with E.P.A The permit renewal application was submitted to E.P.A in 2004 but has not yet entered their review stage. Once review begins, CH2MHiII will review, provide comments and help negotiate final requirements. A copy of the proposed agreement follows. Recommended Council Action: Approve agreement with CH2MHiII, on a time-and- material basis, not-to-exceed amount of $25,000, for Miscellaneous NPDES Permit Assistance and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. p CD Page 1 2 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CH2M HILL's Office Address: 322 E. Front Street, Suite 200, Boise, ID 83702 Project Name: Miscellaneous NPDES Pennit Assistance CH2M HILL Project: To be determined Client: Meridian Idaho, City of Address; 33 East Idaho Avenue, Meridian, Idaho 83642 CLIENT requests and authorizes CH2M HILL to perrorm the following services: ~ Provide professional engineering selVices and miscellaneous assistance to the City of Meridian, Idaho regarding the City's NPDES permit for their wastewater treatment plant. B!i!lO].r;hl-'Y-ltr.ri1llllill by CLIENT to CH2M HILL will be on the basis of: time and materials not to exceed $25.000 unless an amendment to this Agreement is executed by both parties. 1lII!.Iliroliih~"1 ~__ Services covered by this AGREEMENT will be performed in accordance with tho Provisions and any allachmenls or schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. CLIENT: CH2M HILL, INC.: Signature Signature Name (printed) Name (printed) Title Title Date Date Fon'.112.1 RE'JISEJ: 7.'97 c;"\'t",,J. o Il": 0' 1';""""''0 · 6/0/1'6/1J5 1. Authorizatlon to Proceed Execution of this AG RE EME NT by CLI ENT will be authorization for CH2M HilL to proceed Wiltl the services, unless otherwise provided for in this AGREEMENT. 2. Salary Costs CH2M Hill's Salary Costs, when the basis of compensation, are the amount of wages or salaries paid CH2M HILL employees for work direclly performed on the Project plus a percentage applied to all such wages or salaries to cover all payroll-related taxes. payments, premiums. and benefits. 3. Per Diem Rates CH2M HilL's Per Diem Rates. when the basis of compensation, arc those hourly or daily rates charged for work performed on the Project by CH2M HILL employees of the indicated classificaHons. These rales are contained in the COMPENSATION section on page 1 and are subject to annual calen<Jar year adjustments. 4. Affiliated Companies Work performed under this AGREEMENT may be performed using labor from affiliated companies of ENGINEER. Such labor will be billed to OWNER under the same billing terms appticable to ENGINEER's employees, 5. Subcontracts and Direct Expenses When SERVICES are performed on a cost reimbursement basis, a markup of zero percent will be <:lpplied to subcontracts and outside services and a markllp of ?Oro percent will be applied to Direct Expenses.. For purposes of this AGREEMENT. Ofrsct Expenses are defined to include those necessary costs and charges incurred for the Project including, but not limited to: (1) the direct costs of tmnsporlalion, meals. lodging. mail, shipping. equipment and supplies; (2) CH2M Hill's current standard rate charges for direct use of CH2M HilL's vehicles, laboratory test and analysis, printing and reproduction services, and certain field equipment; .and (3) CH2M Hill's standard project charges tor computing systems, special health and safely requirements of OSHA, and telecommunications services. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to CH2M HILL's compensation when invoicing CLIENT. 6. Cost Opinions Any cost opinions or Project economic evaluations provided by CH2M Hill will be on a basis of experience and judgment, but. since CH2M HILL has no control over market conditions or bidding proceclures, CH2M HILL cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. 7. Standard of Care The standard oi care applicable to CH2M HI Ll's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing tho same or similar servicf'_'> at the timo CH2M HilL's services are performed. CH2M HILL will reperform any services not meeting this standard without additional compensation. 8. Termination This AGREEMENT may be terminated for convenience on 30 days. written notice or if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of wriUen notice and diligently complete the correction thereafter. On termination. CH2M HilL will be paid for all aulhorized work performed up to the termination date plus termination expenses. such as, but not limited to, reassignment of personnel, subcontract termination costs, and related Closeout costs. 9. Payment to CH2M Hill Monthly invoices will be issued l>y CH2M HILL tor all SeNicss performed under this AGREEMENT. CLIENT shall pay each invoice within 30 days. Interest a1 a rate of 1-1/2 percent per monlh will be charged on all past-due amounls, In the event of a disputed billing, only that disputed portion will be withheld from payment, an<J the undisputed portion will be paid. FORM124 REViSED: 7!97 PROVISfONS CLIENT will exercise reasonableness in disputing any bill or portion thereof. No interest will accrue on any disputed porlioll of the billing until mutually resolved, 10. Limitation of Liability CH2M HILL's liability for CLIENT's damages will, in the aggregate. no! exceed the agreement amount. This provision lakes precedence over any conflicting Provision of Ihis AGREEMENT or any document incorporated into 11 or referenced by it. This limllation of liability will apply whether CH2M HilL's liability arises under breach of contract or warranty; tort, including negligence; strict liability; statutory liability; or any other cause of action, and shall include CH2M HILL's officers, affiliatod corporations, employees, and subcontractors. 11. Severability and Survival If any of the provisions contained in this AGREEMENT are held illegal, invalid or unenforceable, the other provisions shall remain in full effect. Limitations of liability shall survive termination of this AGREEMENT for any cause. 12. No Third Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than CLIENT and CH2M HILL <:lnd has no third party beneficiaries exctlpt as provided in paragraph 10. 13. Materials and Samples Any items, substances, malerials, or samples removed from the P~oJect site for testing, analysis. or other evaluation will be returned to the Project site unless agreed to othorNisc. CLIENT recognizes and agrees that CH2M HILL is acting as a bailee and at no lime assumes tiUe 10 said items, substances, materials. or samples. CliENT recognizes that CH2M HILL assumes no risk and/or liability for a waste or hazardous waste site originated by other than CH2M HilL. 14. Assignments Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this AGREEMENT, whether arising in tort. contract or otherwise, without the written consent of the other party. Any llnauthorized assignment is void and unenforceable. 15. Integration This AGREEMENT incorporales all previous communications and negotiations and conslitutes the entire agreement of the parties. If CLIENT issues a Purchase Order in conjunction with performance of the Services, general or standard terms and conditions on the Purchase Order do not apply to this AGREEMENT. 16, Force Majeure IF performance of the Services is affected by causes beyond CH2M HILL's reasonable control, project schedule and compensation shall be equitably adjusted. 17. Dispute Resolution Tl1e parties ~'.Arr use U1eir best efforts to resolve amicably any dispute, including use of alternative dispute resolution options. 1 a, Changes Client may make or approve changes witl1in the general Scope 01 Services in this AGREEMENT. If such changes affect CH2M HILL's cosl of or time required tor performance of the services, an equitable adjustment wHl be made through an amendment to this AGREEMENT. October 21 , 2005 MERJDJAN CITY COUNCIL MEETING APPLICANT October 25, 2005 ITEM NO. 5-K REQUEST FY2006 Budget Amendment for Building Department for Full Time Department Specialist AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLJCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRJCT: 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 (JIfr~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. OCT t 9 2005 City of Meridian City Clerk Office To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, City Clerk, Stacy K., Bill Nary Date: 10/18/05 Re: Budget Amendment Request - Building Department Personnel I am requesting a FY 2006 budget amendment for additional personnel in the Building Department. The additional personnel would be one Department Specialist and would be on an interim basis. The need for the position will be evaluated each year to determine the need for it. The total cost for 10 months of 2006, assuming the position is not filled until December 1, would be $36,695. This cost includes salary, benefits, desk, computer and expenses associated with all full time employees. As stated in the attached memo I sent to Mayor De Weerd and Councilmember Rountree, the sustained high volume of permits necessitates this position. The workload per Department Specialist has doubled over the last several years while the number of positions has grown only 50%. We do, however, expect the web-based permit and inspection system to be implemented this budget year to alleviate some of the current workload, which is why the position will be annually evaluated. Recommended Council Action: Approve FY 2006 budget amendment for Building Department for additional full time Department Specialist position, commencing December 1, 2ooS, in the amount of $36J69S. Thank you for your consideration. ~ . Page 1 g ~ co rf) i .c l a ~.~ ~i ~~ if 0.13 H ~.!ll 1:10. ~.~ ~~i ~~g in .~ ~.~ HH QJ.cCO:J HI! ro'Oro'O ii~f o..c o.c ~m~~ ~i~:l O'ro....,oo c nu ;!::QJ'Oco ro .c ~~ ~~ ~~ Ii ~~ ~~ co c: .~t . o..c ::a: ~~~ ~I~ .~~~ Hi Iii E o co 1 ~ I HUi Q) C) "C ::::I co CD o o ~ u. ~ ~ E ~ ~ ~ <l> 0::: c ~ (J) C"J (J) 0 C"J C"J (J) U"} U"} N f'.. 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"C Ql ::l 1/1 1/1 1/1 ~ ~ ~ October 21 , 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 25, 2005 ITEM NO. 5-L REQUEST Award of Bid for Well 26 & 27 Control System Installation to Custom Electric 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: See attached ~ {Afr Contacted: Emafled: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. CitY of Meridian Public Works Dept. Memo OCT 2 0 2005 City of Meridian City Clerk Office To: Will Berg; Tara Green From: Jon Mills, Staff Engineer CC: File Date: 10/18/2005 Re: Proposed Agenda Item for October 25, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 25 City Council agenda, under Consent Agenda, for Council's consideration: Wells 26 & 27 Control Svstem Installation. One bid was received for this project as summarized below and detailed in the attached bid: CUSTOM ELECTRIC - $18,620.00 This project consists of installation of flow monitoring, reporting, and readout equipment for .two future city water wells (the first currently under construction). Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wells 26 & 27 Control System Installation with Custom Electric for $18,620.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 OC T- 20-2005 THU 06: 25 AM CUS TOV ~l.ECTR Ie g o ::2 o ti t .!:: h ~ ti' :;" ~ ~~ ~l~ UJ ~~~i~ e ~~~. ~~ ~ l:E~~~ ~~J~.go (.) ~ a:~ ~ ~ OCT 20 '05 07: 40 ~ j~ ~~~ '5gJ; &~~ ~ ~ ~ ~- j ~ o 1 Cf) I i ~ Jj ~ e m ~ ~ "5 .~ ~ ~ b: 5 .g I : ~ .~ ~ ~ ~ _"8 f ~::::E E:; ~~$-~ UH ~~,~~ ~.~~o. ~~ e~ 00c...(,) ~~ 8 o ~ o o ~ ~ CJJ ~ 0- Il! ~ ~ w .g ~ i6 ~ "@EIll .~ ~ ~ 6 a ! i ~ ~ {!. .~ E ~- ~ i~ ~. CIJ~~i ~oQ;~"O 8~,fSa ~~i~ "'~-dl ~l'~~ ~~ ~; aott5' 365 2768 ::JAR <;;::;C; ??hQ p, 002/002 8 i J .e b ~ o October 21 , 2005 MERIDIAN CITY COUNCIL MEETING October 25, 2005 APPLICANT ITEM NO. 5-M REQUEST Power Easement for Well No. 26 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: #Jfr 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. City of Meridian Public Works Dept. OCT 2 0 2005 Memo City of Meridian City Clerk Office To: Will Berg: Tara Green From: Jon Mills, Staff Engineer CC: File Date: 10/20/2005 Re: Proposed Agenda Item for October 25, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 25 City Council agenda, under Consent Agenda, for Council's consideration: Well No. 26 Power Easement An easement from the City of Meridian is required by Idaho Power before they will install the transformer at the well building site. Recommended Council Action: The Public Works Department recommends that City Council approves the Power Easement for Well No. 26 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 Glenn K. Bennelt, P.L.S. Pres ident Livil Survey Consultants, Inc. 100 S. Adkins Way Suite 10 [ Meridian, Idaho 83642 (208)888-43] 2 Fax 888-0323 Timothy A. Burgess, P.E. Vice President October 20, 2005 Jon Mills, EIT City of Meridian 600 E. Watertower Meridian, Idaho 83642 Re: City of Meridian - Well No. 26 Dear Jon: I am enclosing an original easement form for the power service transformer at Well No. 26. This easement is required by Idaho Power before they will install the transformer, which is currently scheduled for November 7,2005. Please have the easement executed and return the original form to me no later than November 2,2005. I will forward it to the appropriate person at Idaho Power. I have also enclosed a three page set of instructions for signing the easement form. Please follow the instructions on page 2 for municipalities. Please call me if you have any questions. ~~ Tim Burgess, P.E. ene. Easeme.nt( )rganization (Underground) The Ci tx. of Meridian (uSt!! the legOllfy registered name oHM olganizalion,) State of I d a h 0 . does hereby grant and conVt;y to IDAHO POWER COMPANY, a Corporation, with its principal office locatt:d f; ~;~t;V~~:~~I~~~j, ~~:n~~~~~' ~;~ l;~~~~~ ~~~~~:~~sa:d~i:~~~~:~~:.~;~~c1~~R~~~d:~~:~~~~~~~~~~~;i~~:~~~~~~~;U~d~fe~~rthjCh ~~~~e~i:~n:f ~~:;~~8~a(~~fi~~!i~~~~~~1,t1iirl~~~i:~~I~~~~oili~-~~;~~~fl~~h~~l~~~~~:~=~:'s~i: ~ll~~~~~~~f:~~~~fo U:~~~~~6~1::1.un, and repair !he facilities over, through, Ililder. artd llcross said lands, together with the rit#, at the sole eXptmse of Gral1tet:, to excavate and refill ditChes and trenches for the loCMion of the faoHitie~, and the funher right to remove trees, bushos, sod. flowers, shrubbery, lUld other obstructions and improvements, Interfering with the location, construction, and maintenance ofthc: facilhtes, over, on, and across the following premises, bdonging to the said O'ramor(s) in A d a Counly, State of I d a h 0 in the following location, to"wit; l'.t Corporation, Grantor(s} of Ada COUllty, See Exhibi t A Attached Tho facilities generally will consist of buried pOwer wires, above-.ground pad.mountlld tl'ansformers,junction boxes, cables and conduits, and other equipment, part of which may extend above ground. Executed and delivered this t'5-tJl day of f0c....fube;u , 2-ouS . ~~~:t .11:"'"'' ~iii'm 1, The undeniigncd notary j)ublic. do hereby cerrify that on !his ZtQ +h.. day of Ou1-ob.f..lL-> . 20~ personally appeared before me 'rQVY\'IY~ cG.-L.llw\c.l. \'1'1 fJ. t~{ 4 WI \.A.ZQ,w \. G\ 'P::rtJI't.~, 4V". , (\:.-!\S f.ltP~ J:. -' (Individ1f(1t'~ Name im;(uding title after eQ"/~ llClme-) who, being by me first duly Sworn, declared tlley are respectively the duly lluthorized persons of .t\u. G( {LX ()+ V'{1tJL( d (a'YL.-l (Organizatioll Name), that he I she / they signed tho foregoing docUlDent, and acknowledged to me that he / she / they executed the same as the free: act and deed On b~hl\lf of said organization. II II am II. cS h a.!l un 1'5?rvl:t~ ) t!>..t.~ONi... NotaryPubhc (Notary.~+OT~:r.~:.. .. cn'~ UJC'-. J Jticc/L,~) :,'. ~~~ R<;;~ldmgm ' : { : : (0 C:;!-n J~/? / ~ \~\ ",/ l Commission expir<;;s .otli/ ~8~ ' a.- Refer to the attached sheets 18tfi~ t6n how to notarize oIJsement.s. ,~ ROW 002c W05) EXHIBIT A POWER EASEMENT FOR THE CITY OF MERIDIAN WELL 26 An easement for underground power purposes located in Lot 8 of Block 1 of WESTBOROUGH SUBDIVISION as shown on the plat on file in Book 87 of Plats at Page 9884 in the office of the Recorder, and also being located in the NE '14 of the NE '14 of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeasterly corner of said Lot 8; Thence N 0037' 16" E along the easterly boundary of said Lot 8 a distance of 42.00 feet to the POINT OF BEGINNING; Thence continuing N 0037' 16' E a distance of 10.00 feet to a point; Thence leaving said easterly boundary N 89022'44" W a distance of 18.00 feet to a point; Thence S 0037' 16" E a distance of 10.00 feet to a point; Thence S 89022'44" E a distance of 18.00 feet to the POINT OF BEGINNING. This parcel contains 180 square feet and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated October 19,2005 October 21 , 2005 MERIDIAN CITY COUNCIL MEETING Department Reports October 25, 2005 ITEM NO. 6-A-l APPLICANT Parks Department -- Doug Strong REQUEST Further Discussion of Land and Water Conservation Fund Grant for Splashpad at Meridian Settler's Park from October 4, 2005 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 Minutes See attached ~~;: rQ -r.~ I.?: efD .eP~ J ~l{ v I lY'~ ~~ V Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Parks & Recreation Memo OCT 1 8 2005 City of Meridian City Clerk Office To: Mayor and City Council CC: Will Berg ~ y . ~. Doug Strong, Director IJwr ~ October 18, 2005 From: Date: Re: Land and Water Conservation Fund Grant During the October 4, 2005 City Council meeting a discussion took place on the Land and Water Conservation Fund Grant for Splash-Pad at Meridian Settler's Park. The out come of that discussion was to place this back on an upcoming agenda with a recommendation from Director Strong as to how to move forward with this issue. The Parks Staff is requesting this item be placed on the agenda for ,October 25, 2005. Attached is a copy of the minutes for this particular item from the October 4, 2005 meeting. Page 1 DIRK KEMPTHORNE governor Robert L. Meinen director Doug Strong City of Meridian Parks & Recreation 11 WBower Meridian ill 83642 RE: Settlers Park SplashPad, Grant #16-00535 Dear Doug, I am pleased to inform you that the National Park Service has approved your grant application on the federal level. Enclosed are two (2) project agreements (including general provisions for each). Please sign them both and return one to our office. The City will be able to proceed with the project as soon as we are in receipt of our copy of the signed agreement. Your project has been assigned #16-00535. Please reference this number in all future correspondence relating to this project. I have enclosed several additional documents and information packets for you. Please review and complete the documents as required and return them to our office. An outline ofthe enclosed items is as follows: 1. GUIDELINES II - AFTER PROJECT APPROV AL: This booklet is the key to the proper implementation of your project; please study it thoroughly. Negligence in following these procedures can result in a partial or total loss of reimbursement eligibility. Section II, on pages 5 through 9 will provide the most immediate help to you. 2. CONSTRUCTION BY CONTRACT SUPPLEMENT: This booklet will be very helpful in assuring compliance with state and federal requirements regarding construction contracts and with bidding procedures. Again, negligence in following these procedures can result in partial or total loss of reimbursement eligibility. 3. ENGINEERING CERTIFICATION: Please have your engineer examine and sign this document and return one copy to our office. All developments must be properly engineered prior to submitting final plans to our office and before construction. 4. EQUAL OPPORTUNITY EMPLOYER: The "Equal Opportunity Poster" must be posted in a conspicuous place on the project site during construction. 5. LWCF SIGN: I have enclosed a LWCF sign that should be posted and maintained at the site, preferably near the main entrance. Settlers Park SplashPad, Grant #16-00535 September 26, 2005 Page 2 6. UNIFORM FEDERAL ACCESSIBILITY STANDARDS (UFAS): The UFAS criteria must be followed in all applicable development facilities-booklet enclosed. The City should also adhere to the standards development for the Americans with Disabilities Act of 1990. These standards generally mirror the UFAS. 7. FINAL PLANS and CERTIFICATION: The City will be required to submit copies of all site plans to our office for approva1prior to construction. State or City certificates of health an umbing, electrical inspections, etc. must be provided to our o hey are completed. estions you may call or email me at (208) 334k;180, id r.state.id.llS. Thank you. OCT 17 '05 14:30 FR elt" OF MERIDIAN 208 888 4218 TO PP-"S P.01/04 Meridian Clly Council October 4, 2005 Page 10 of61 '5', ~ ' -. c;? !b:VL!wI.:...... U aird: Yeah. Chief, would you state what an ALS is different than what we are doing right now, what the paramedics can do for ~~ because we seem to get letters to the editor saying that we are not staying up with our safety and stuff. Anderson: Sure. I would be glad to. All of our personnel in the fire department now are uained to what we call basic life support and they are all emergency medical technicians. What that is is, basically, it's about 150 hours of first-aid type of training and we also do auto extraction and those types of things. So, in a city such as Meridian, the fire department is the first line of defense and we are normally the first responders and normally arrive, in the case of an emergency, wrthin about three or four minutes from the time you dial 911. Our scope of practice under that EMT basic is very limited as far as what we can do. With this additional skill set, instead a 150 hour course, most of the paramedics will have' in the neighborhood of about 1,500 hours of training. They will be able to do a number of advanced life-saving measures from starting IV's to intubations, cardiac monitoring, administering drugs. So) it will be a significant improvement to the level of service to our citizens and when somebody has a life threatening emergency like that, seconds literally count. So, the higher level of training that our folks can provide to the citizens is going to mean lives saved in the long run. So, thanks for asking that Bird: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would just like to thank the chief for his hard work and efforts on that front, as wen as Station Four, and say that you have far surpassed all of this city's expectations for your six month money back guarantee and have done a great job. De Weerd: I don't know, I was going to say he survived the first six months, but more I survived his first six months. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Chief) could you give us just kind of a time line on the new station? Anderson: The new station is proceeding along as scheduled. It did get bumped back about 30 days. We were anticipating a middle of December opening and now we are looking at a middle of January, just due to construction delays. Rountree: Thank you. C. Parks Department - Doug Strong OCT 17 '05 14:30 FR OF MERIDIAN 208 888 4218 TO P8Pl(S ( P. 02/04 I Meridian CIly Council October 4. 2005 Page 11 Of 61 fEr ;: ',- ~ S? 10LI-o<.'''-''' U Discussion of Land and Water Conservation Fund grant for Splashpad at Meridian Settler's Patk: De Weerd: Thank you, Council. Thank you, chief. And congratulatlons_ Those are great announcements. Item 6-C, our Parks Department. Another grant that the city received and in reviewing the documentation, our director came to us with some concerns. We had our city attorney do a review of the contract that is in front of you and I will tum this over to Doug. 1. Strong: Thank you, Madam Mayor, Members of the Council. This grant, as grants go, has been in progress for about a year now and we are working through a variety of issues that you deal with, certainly, when yOu look for any kind of federal grant dollars into a project What we were looking for initially was funding for phase two development of Adventure Island playground. which is a water splash pad portion of that playground. Our initial cost estimates would be about 90,000 dollars to complete that project. (tts a 50-50 match. So, that's what we went after and to make a long story short, we were successful in that in going through the process - and one of the few projects funded in the stats, which pleased us, but as we looked at some of the requirements of receiving the dollars, we had reservations continue to grow for a 45,000 dollar grant for, essentially, a million dollar playground and how it encumbers the city for the future. $0, we feel it's very important before any signing on the line for the Council, certainly, to either say yeah or nay to this project before we commit in perpetuity, our requirements under this grant. So, that's where we are at this point. De Weerd: I guess, Mr. Nary, do you have anything to add to that? Nary: Madam Mayor, Members of the Council, I mean I think some of you are familiar with land on conservation fund restrictions that go along with property and the language that was concerning to us was the - the original requirement was that this would - this grant would encumber the entire parcel, the entire 56 acres of ground, even though the pOrtion'that's being developed under this grant is not the entire 56 acres. The contract that's in front of you, that's -- the language is still there. Mr. Strong has negotiated a different outcome, but it's still a significant portion of the park ground that's being encumbered, basically all of the developed property. So, future uses as we have experienced with Storey Park and these things never go away and 40 years later we still address these concems with Storey Park about use and conservation and the usability of that property in the future and that is a requirement if you accept the grant, so - De Weerd: Council, I guess we knew of the encumbrance and during the presentation it was noted and also discussed that it would be limited to just the area of park lands that this portion would be funding. So, Adventure ISland and the splash pad, in particular. What Director Strong was able to do is to narrow that down from the 56 acres to 21 T which we think is still extremely unreasonable, when it only pertains to the minimally one acre or two acre playground site. So, Councilor Doug is in front of us tonight to recommend or seek your comments and direction. OCT 17 '05 14:31 FR Cr.Tv OF MERIDIRN 208 888 4218 TO ppDl(S P. 03/04 Merldian City Council October 'I. 2005 Page 12 of 61 [Q) ~'\1 L: '- ~ U Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I'm the only one that was here with the 1968 purchase of the Storey park deal and being involved with that very heavily. I'm not for getting a penny from them, because they take control. You're limited to what you can do, as we all know. I think Mr. Nary just stated that. I think we can find the 45,000 - I don't think it's worth the trouble that it will cause us down the road. Everybody knows what I feel about federal grants. There is alway;S string attached to IT and it's usually in their benefit. So, I think we can find the 45,000 somewhere else. That would be my opinion. Rountree: I would agree. De Weerd: Council, perhaps we can put this as an agenda item next week with a recommendation from Director Strong as to how we can move forward and I believe that we need to consider looking at our park impact fees to make up the difference of what is not in our budget. Strong: Madam Mayor and Members of the Council, just for my guidance this week, it would be I think prudent for me to respond to the grant folks at state parks to let them know where we are with this. They are expecting a signature on the form to come back and, then, proceed with a contract. If we are not going to move ahead, they would be able to make the money available to some other applicant next in line on the list. So, as soon as we can accomplish this - and I'll call state parks and let them know and send apprupriate correspondence to that effect. De Weere:!: And, Doug, I do have a message into the state director. He's been out of town and he retums tomorrow morning. So, I will ww Strong: Director Minen? De Weerd: Uh-huh, Strong: Okay. Regarding this matter? De Weerd: Yes. Strung: Okay. De Weerd: Thank you. Rountree: Madam Mayor? De Weere!: Mr. Rountree. Meridian City Council October 4. 2005 Page 13 of61 OCT 17 '215 14:31 FR OF MERIDIRN 2218 888 4218 TO P8Pl<S P.eJ4/eJ4 [Q)~;~J;u Rountree: Question for Doug. Didn't we include the completion of this particular activity in the budget increase that was presented at budget time? Strong: Madam Mayor, Councilman Rountree, we did, including a projected 45.000 dollars from Land and Water Fund. Rountree: Okay. Strong: So, we backed this portion - this 45,000 out of the cost we thought it would take to finish the playground. Rountree: Thank you. Item 7: De Weerd: Okay. Thank you. Item 7. We did not have any times moved from the Consent Agenda. Items Moved from Consent Agenda: Item 8: Item 9: Item 10: Continued Public Hearing from September 13, 2005: AZ 05-015 Request for an Annexation and Zoning of 59.30 acres from RUT to R.8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: Continued Public Hearing from September 13, 2005: PP 05.017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool f locker facility I restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: Continued Public Hearing from September 13, 2005: CUP 05"022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to allow for reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and block lengths in excess of 1,000 feet in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: De Weerd: So, I will move to Item 8 is a continued Public Hearing from September 13th, AZ 05.015. I will open this item. Also Item 9, PP 05-017, and as well as Item 10, CUP 05-022, with staff comments. Canning: Madam Mayor, Members of the Council, this is the Crossfield project. It's located south of Ustick, west of Venable Lane. Venable Lane right now is on the north side of Ustick, but it's in that location. The highlights of this development - I've shown this, because this is the easiest one to see at this level. It is a large project. It's 245 ** TOTAL PRGE. 04 ** Meridian City Council October 4, 2005 Page 10 of 61 Bird: Yeah. Chief, would you state how an ALS is different than what we are doing right now, what the paramedics can do for -- because we see letters to the editor saying that we are not staying up with our safety and stuff. Anderson: Sure. I would be glad to. All of our personnel in the fire department now are trained to what we call basic life support and they are all emergency medical technicians. What that is, basically, it's about 150 hours of first-aid type of training and we also do auto extraction and those types of things. So, in a city such as Meridian, the fire department is the first line of defense and we are normally the first responders and normally arrive, in the case of an emergency, within about three or four minutes from the time you dial 911. Our scope of practice under that EMT basic is very limited as far as what we can do. With this additional skill set, instead of a 150-hour course, most of the paramedics will have in the neighborhood of about 1,500 hours of training. They will be able to do a number of advanced life-saving measures from starting IV's to intubations, cardiac monitoring, administering drugs. So, it will be a significant improvement to the level of service to our citizens and when somebody has a life threatening emergency like that, seconds literally count. So, the higher level of training that our folks can provide to the citizens is going to mean lives saved in the long run. So, thanks for asking that. Bird: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would just like to thank the chief for his hard work and efforts on that front, as well as Station Four, and say that you have far surpassed all of this city's expectations for your six month money back guarantee and have done a great job. De Weerd: I don't know, I was going to say he survived the first six months, but more I survived his first six months. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Chief, could you give us just kind of a time line on the new station? Anderson: The new station is proceeding along as scheduled. It did get bumped back about 30 days. We were anticipating a middle of December opening and now we are looking at a middle of January, just due to construction delays. Rountree: Thank you. C. Parks Department - Doug Strong Meridian City Council October 4, 2005 Page 11 of 61 1. Discussion of land and Water Conservation Fund grant for Splashpad at Meridian Settler's Park: De Weerd: Thank you, Council. Thank you, chief. And congratulations. Those are great announcements. Item 6-C, our Parks Department. This is another grant that the city received and in reviewing the documentation, our director came to us with some concerns. We had our city attorney do a review of the contract that is in front of you and I will turn this over to Doug. Strong: Thank you, Madam Mayor, Members of the Council. This grant, as grants go, has been in progress for about a year now and we are working through a variety of issues that you deal with, certainly, when you look for any kind of federal grant dollars into a project. What we were looking for initially was funding for phase two development of Adventure Island playground, which is a water splash pad portion of that playground. Our initial cost estimates would be about 90,000 dollars to complete that project. It's a 50-50 match. So, that's what we went after and to make a long story short, we were successful in that in going through the process -- and one of the few projects funded in the state, which pleased us, but as we looked at some of the requirements of receiving the dollars, we had reservations continue to grow for a 45,000 dollar grant for, essentially, a million dollar playground and how it encumbers the city for the future. So, we feel it's very important before any signing on the line for the Council, certainly, to either say yeah or nay to this project before we commit in perpetuity, our requirements under this grant. So, that's where we are at this point. De Weerd: I guess, Mr. Nary, do you have anything to add to that? Nary: Madam Mayor, Members of the Council, I mean I think some of you are familiar with land on conservation fund restrictions that go along with property and the language that was concerning to us was the -- the original requirement was that this would -- this grant would encumber the entire parcel, the entire 56 acres of ground, even though the portion that's being developed under this grant is not the entire 56 acres. The contract that's in front of you, that's -- the language is still there. Mr. Strong has negotiated a different outcome, but it's still a significant portion of the park ground that's being encumbered, basically all of the developed property. So, future uses as we have experienced with Storey Park and these things never go away and 40 years later we still address these concerns with Storey Park about use and conservation and the usability of that property in the future and that is a requirement if you accept the grant, so -- De Weerd: Council, I guess we knew of the encumbrance and during the presentation it was noted and also discussed that it would be limited to just the area of park lands that this portion would be funding. So, Adventure Island and the splash pad, in particular. What Director Strong was able to do is to narrow that down from the 56 acres to 21, which we think is still extremely unreasonable, when it only pertains to the minimally one-acre or two acre playground site. So, Councilor Doug is in front of us tonight to recommend or seek your comments and direction. Meridian City Councll October 4, 2005 Page 12 of 61 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I'm the only one that was here with the 1968 purchase of the Storey park deal and being involved with that very heavily. I'm not for getting a penny from them, because they take control. You're limited to what you can do, as we all know. I think Mr. Nary just stated that. I think we can find the $45,000 -- I don't think it's worth the trouble that it will cause us down the road. Everybody knows what I feel about federal grants. There is always string attached to it and it's usually in their benefit. So, I think we can find the $45,000 somewhere else. That would be my opinion. Rountree: I would agree. De Weerd: Council, perhaps we can put this as an agenda item next week with a recommendation from Director Strong as to how we can move forward and I believe that we need to consider looking at our park impact fees to make up the difference of what is not in our budget. Strong: Madam Mayor and Members of the Council, just for my guidance this week, it would be I think prudent for me to respond to the grant folks at state parks to let them know where we are with this. They are expecting a signature on the form to come back and, then, proceed with a contract. If we are not going to move ahead, they would be able to make the money available to some other applicant next in line on the list. So, as soon as we can accomplish this -- and I'll call state parks and let them know and send appropriate correspondence to that effect. De Weerd: And, Doug, I do have a message into the state director. He's been out of town and he returns tomorrow morning. So, I will -- Strong: Director Minen? De Weerd: Uh-huh. Strong: Okay. Regarding this matter? De Weerd: Yes. Strong: Okay. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council October 4, 2005 Page 13 of61 Rountree: Question for Doug. Didn't we include the completion of this particular activity in the budget increase that was presented at budget time? Rountree: Okay. Strong: Madam Mayor, Councilman Rountree, we did, including a projected 45,000 dollars from Land and Water Fund. Strong: So, we backed this portion -- this 45,000 out of the cost we thought it would take to finish the playground. Item 7: Rountree: Thank you. Items Moved from Consent Agenda: De Weerd: Okay. Thank you. Item 7. We did not have any items moved from the Consent Agenda. Item 8: Item 9: Item 10: Continued Public Hearing from September 13, 2005: AZ 05-015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: Continued Public Hearing from September 13, 2005: PP 05-017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility / restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: Continued Public Hearing from September 13, 2005: CUP 05-022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to allow for reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and block lengths in excess of 1 ,000 feet in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: De Weerd: So, I will move to Item 8 is a continued Public Hearing from September 13th, AZ 05-015. I will open this item. Also Item 9, PP 05-017, and as well as Item 10, CUP 05-022, with staff comments. Canning: Madam Mayor, Members of the Council, this is the Crossfield project. It's located south of Ustick, west of Venable Lane. Venable Lane right now is on the north side of Ustick, but it's in that location. The highlights of this development -- I've shown this, because this is the easiest one to see at this level. It is a large project. It's 245 October 21, 2005 MERIDIAN CITY COUNCIL MEETING Department Reports October 25, 2005 ITEM NO. 6-8-1 APPLICANT Planning Department -- Steve Siddoway REQUEST Discussion of Meridian's Transportation Task Force Priority List and Recommendations AGENCY COMMENTS CITY CLERK: See previous Item Packet 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: ~ ~ ;pr1J tV~ tJl;r 5 r (t Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 14, 2005 MERIDIAN CITY COUNCIL MEETING Department Report October 18, 2005 ITEM NO. 6-A-l APPLICANT Planning Department -- Steve Siddoway REQUEST Presentation of Meridian's Transportation Task Force Priority List and Recommendations 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: See attached " b~ IA/ foYv fl j f vJ~ J^k~ @ J1ad Wf 1 of reJwf,4;~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. September 30, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT OCTober 4, 2005 ITEM NO. 5 REQUEST Presentation of tv1eridian's Transportation Task Force Priority List and Recommendations AGENCY COMMENTS CiTY CLERK: See attached CITY ENGINEER: CITY PLANNJNG 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 iRRIGATJON: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: c - tlJO uJ ti-(}- S lift 61 fJ~~ oj. \ @ tlfI..Ut copCj off r eteJ-pf-}lJ}.- Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Will Berg From: Steve Siddoway [siddowas@meridiancity.org] Sent: Friday, September 30, 2005 12:1 9 PM To: Will Berg; Tara Green; Jessica Johnson Cc: Tammy de Weerd; Bill Nary; 'Anna Canning' Subject: TTF List for Pre-Council Attachments: TTF Memo to Council.doc; Proposed Priority List.doc; Transportation Task Force Member List.doc Attached is the information for the Pre-Council Meeting regarding the Transportation Task Force priority list. S(l;rti' ..stddowily Pzmcptd .1f!J..twti'J< .Mf::z';idiac .1f!lmJ.i.lJff ~ 401;J;iZ)ff 660.e ft/iJ(fl.z-(OW'ti'.l' M..afJ, $ui(fJ 202 .Mf:.l'idlfW, /da.ho S3642 PbO.l.)fJ Z08.cS'cS'4.$.533 F'1i% 208.cS'S8. t5cS'.54 9/3012005 Memo To: Mayor and City Council From: Steve Siddoway Transportation Coordinator Date: September 30,2005 Re: Priorities for the Five Year Work Program (FYWP) and Transportation Improvement Program (TIP) Attached is a listing of the proposed transportation projects as nominated and prioritized by the City of Meridian Transportation Task Force (TTF). The attached table shows the priority number for the project, the project name, and a description of the project as well as any comments on the prioritization. The TTF engaged early this year and has been meeting regularly since March 2005. Meeting topics have educated the TIF on Ada County Highway District's (ACHD) prioritization process, development of the TIP, Compass' traffic modeling, the Downtown Transportation Plan, the Idaho Transportation Department's (ITD) projects and funding, Valley Regional Transit's (VRT) transit planning, and ACHD's Curb/Gutter/Sidewalk Program. After those meetings, TTF members nominated projects for consideration on the priority list. At our September meeting, the list of projects was compiled and voted on. At the end of the meeting, the TTF members unanimously endorsed the priority list to be forwarded to the Mayor and City Council. A list of task force members is also attached for your information. If there are any questions please let me know. ACHD and Compass need to have a finat Council-approved list of priorities by the end of October 2005. I offer the following observations based on the TTF priority list: · Ten Mile interchange is and continues to be the City's number one priority transportation project. · Locust Grove Overpass and Locust Grove Road extension are not on the list because we were instructed by ACHD that projects scheduled for 2006 construction are a "given" and will be constructed. Therefore, they do not need to be prioritized with the other future projects. · The priority list includes a mix of ITD projects, ACHD road projects, and intersection projects. · The top six future ITD projects in priority order are: 1. Ten Mile Interchange 2. Meridian Road Interchange Rebuild 3. Linder Overpass 4. Eagle Road Corridor Improvements 5. SH-16 Extension @ McDermott 6. Chinden Road widening · The top six future ACHD road projects in priority order are as follows. The top five projects for ACHD to construct will receive "bonus points" in ACHD's prioritization process for the FYWP. 1. Downtown Split Corridor 2. Pine Avenue! Meridian to Eagle 3. E 3rd Connection (note: because this connection will be development- driven! it not receive bonus points, but will be on ACHD!s screen for development to construct it). 4. Meridian/Ustick Intersection 5. Ten Mile Road! Overland to Ustick 6. Franklin Road! Linder to Ten Mile (as noted above this one would be in line for 5th priority bonus points.) · The top six North Meridian Intersection projects in priority order are: 1. Meridian/U stick 2. Linder/Ustick 3. Meridian/McMillan 4. Linder/McMillan 5. Locust Grove/McMillan 6. Ten Mile/Ustick · A general observation is that priority went to those projects that increased capacity in highly congested corridors over those projects for beautification or other benefit. · The City has so many HIGH priority transportation needs that many TTF members noted a desire for all projects be in the top five to receive ACHD's bonus points. 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'8' ;;:.... p.., ~ '"Cl a tJ .a a; OJ 'E ~ 0 w ~ '"Cl '"Cl I::l w '8 ~ca ~ 0 0 U o 5 .~ ~ ~ 5 >- ~~ ~E o '"' 00 0-, g Q.O N N ~~ Meridian Transportation Task Force (TTF) Members 2005 David Wynkoop, Downtown business owner, fonner ACHD Commissioner David Zaremba, P&Z Commission Chair, Meridian resident Dick Armstrong, Blue Cross of Idaho Don Landin, Central Meridian resident, recently resigned Jayson Ronk, BCA Representative, North Meridian resident John Forsberg, Downtown Business owner, East Meridian resident Jolm Overton, Police Captain, East Meridian resident Keith Bird, Meridian City Council, Meridian resident Kenny Bowers, Fire Department, Central Meridian resident Matthew Denney, Mayor's Youth Council Rich Allison, Downtown Business owner, Meridian resident Rob Knawa, Meridian resident Steve Siddoway, Meridian Transportation Coordinator, North Meridian resident Tammy De Weerd, Mayor, West Meridian resident Terry Smith, South Meridian Resident CITY OF MERIDIAN Planning Department Memo To: Ada County Highway District (ACHD) Community Planning Association (Compass) Idaho Transportation Department (ITD) cc: Mayor Tammy de Weerd From: Steve Siddoway, Transportation Coordinator Date: October 28, 2005 Re: Priorities for the Five Year Work Program (FYWP) and Transportation Improvement Program (TIP) Attached is a prioritized list of transportation projects in the City of Meridian. The list was approved by motion at the City Council meeting on October 25, 2005. The list includes the priority number for the project, the project name, a description of the project, and the priority numbers from past years. I offer the following observations on key issues and points of discussion surrounding the final priority list: · The priority list includes a mix of ITD projects, ACHD road projects, and intersection projects. · Ten Mile interchange is and continues to be the City's number one priority transportation project. The roads in the Ten Mile area were prioritized by the Mayor and Council even higher than the original recommendation in recognition of the critical need to get the local road system ready for the interchange, which is now programmed for 2008. · Locust Grove Overpass and Locust Grove Road extension are not on the list because we were instructed by ACHD that projects scheduled for 2006 construction are aI/given" and will be constructed. Therefore, they do not need to be prioritized with the other future projects. · The top future ITD projects in Meridian in priority order include: 1. Ten Mile Interchange 2. Meridian Road Interchange Rebuild 3. Chinden Road widening 4. Eagle Road Corridor Improvements 5. SH-16 Extension @McDermott 6. Linder Overpass · The top five future ACHD road projects in priority order are as follows. These are the projects we wish to receive Agency Support points in ACHD's prioritization process for the FYWP. 1. Downtown Split Corridor 2. Ten Mile Road, Overland to Ustick 3. Franklin Road, Under to Ten Mile 4. Linder/Ustick Intersection 5. Linder/Pine Intersection · The North Meridian roads are heavily congested. During peak commute times vehicles will often back up for a full mile. Intersection improvements are needed to change the existing four-way stops to signalized intersections. We would prefer to have several intersection improvements over a mile of road widening. We still want the road widening projects in North Meridian, and the projects are reflected in the priority list. However, we acknowledge that intersection improvements would provide the most immediate capacity improvements. So, this year the Transportation Task Force prioritized each of the North Meridian intersections independently with the various road projects. The top North Meridian Intersection projects are: 1. Linder/U stick 2. Meridian/U stick 3. Meridian/McMillan 4. Linder/McMillan 5. Locust Grove/McMillan 6. Ten Mile/Ustick · Other important intersection improvements are not included in the list, because the task force was directed not to worry about trying to include all priority intersections already in the FYWP. Such important intersections that we want to keep moving forward include Franklin/Ten Mile (part of the Ten Mile Road project) and EagleNictory. · The City agrees to postpone the Linder Road widening project in order to promote the construction of the Split Corridor along Main and Meridian Roads. However, we ask that the widening project only be deferred if the critical intersection improvements at Linder/Pine and LinderfUstick are prioritized and constructed separately and ahead of the road widening project. We also ask that Linder widening be reprioritized back into the FYWP schedule shortly thereafter and not be delayed more than a year or two. · The Split Corridor is our top priority project for ACHD road improvements (Ten Mile interchange is an lID project). The City and ACHD have formed a partnership over the past year to find a solution for the Main StreetjMeridian Road corridor. We hope to see the critical improvements to the Waltman/MainjMeridian/Central intersection with phase one in or around 2008 and hope to see the second phase in the FYWP soon thereafter, perhaps by 2011. · A general observation is that priority went to those projects that increased capacity in highly congested corridors over those projects for beautification or other benefit. Similarly, projects in the heart of the community scored higher than those at the edge. · We know that the priority list includes more projects than can be included in the next FYWP. The City has so many HIGH priority transportation needs that we note a desire for all projects to be in the top five. However, since that is not possible, we recommend the order listed in the attached list. On a scale of 1 to 10 all of the listed projects would rank between 8 and 10. They are all important to the City. If there are any questions please let me know. VJ ..... 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E-< ~ "g ,;!l : ~ ~ .8 ..= ~ ~ ;9 ~ .g ~ g '8' 8 'I '~ ,~~ .g ~ ,~ ~ ";; .s ~ ~ ~ ~ ~ ~ ~ ,~~ ~ C.l CI.l '0' ~ c; c b!} U3 c ~~ o 0 ..c E (\l Q) ;:s~ - ~E .;:; l. g..e ~=-.: ;:;:; Page 1 of2 Sharon Smith From: Steve Siddoway Sent: Wednesday, November 02, 2005 9:51 AM To: Will Berg Cc: Tara Green; Sharon Smith Subject: FW: City of Meridian Transportation Priority List Attachments: Memo to Agencies re priorities.doc; Final Priority List 2005.doc Will. my emaiJ to you came back as undeliverable. Here's a second try... From: Steve Siddoway Sent: Friday, October 28, 2005 5:50 PM To: 'Steve Siddoway'; 'Kendall Kemmer'; 'Katey Levihn'; 'Don KosteJec (dkostelec@achd,ada.id.us)'; 'Toni Tisdale'; 'Patricia Nilsson'; 'Sue Sullivan'; 'Bruce Mills' Cc: 'Tammy de Weerd (deweerdt@meridiancity.org)'; 'Anna Canning'; 'Peggy Gardner'; 'Will Berg'; 'Tara Green'; 'Kathleen Kreller' Subject: RE: City of Meridian Transportation Priority List I have attached a memo summarizing key issues and discussion items that came up during the creation the prioritized list. If I can be of any help or if you would like to discuss any of the issues, please do not hesitate to contact me. Sincerely, Steve Siddoway From: Steve Siddoway [mailto:siddowas@meridiancity,org] Sent: Thursday, October 27, 20054:41 PM To: 'Kendall Kemmer'; 'Katey Levihn'; Don Kostelec (dkostelec@achd,ada.id,us); 'Toni Tisdale'; 'Patricia Nilsson'; 'Sue Sullivan'; 'Bruce Mills' Cc: Tammy de Weerd (deweerdt@meridiancity.org); 'Anna Canning'; Peggy Gardner; 'Will Berg'; 'Tara Green'; 'Kathleen Kreller' Subject: City of Meridian Transportation Priority List ACHD, Compass, and ITD, Attached is a prioritized list of transportation projects for the City of Meridian. The list was approved by motion of the City Council on October 25, 2005. I will follow up with a separate memo summarizing the list and describing some of the key issues and discussion points for your consideration. Please let me know if you have any questions. Sincerely, Steve Siddoway Transportation Coordinator Page 2 of2 Steve Siddoway Principal Planner Meridian Planning & Zoning 660 E, Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone 208.884.5533 Fax 208.888.6854 October 21,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT City Attorney -- Bill Nary Department Reports October 25, 2005 ITEM NO. 6-C- 1 REQUEST Land Fill Recommendation by SW AC 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: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at p ubJic meetings shalf become property of the City of Meridian. cU;;idl;n .,( '\ ~'0"" _ 'DAHO ,.' I ~,l~8~ MA YOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City AttorneylHuman Resources 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 W, Bower Street 888-3579/ fax 888-6854 P Jann ing 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. Watertower Lane Suite 200 898-5500/ fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-221 [ / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N, W, 8th Street 888-5242/ fax 884-1159 October 24, 2005 To: Mayor and City Council Prom: Solid Waste Advisory Committee (SWAC) Recommendation Nancy Mann, Chair RE: Solid Waste Landfill Commitment Request from Ada County Pursuant to your direction the Solid Waste Advisory Committee (SW AC) met on October 20, 2005 to discuss the request by Ada County, Officials from Ada County and from Idaho Waste Systems (IWS) were present. The Committee made inquiries of Ada County and from IWS in reaching its conclusion, After thorough discussion the Committee makes the following recommendation: · Commit to the North cell expansion proposed by Ada County; · The commitment shall be for the continuance of the historical usage of the County landfill and the method and operation as has been done to date; · Reserve the right to maintain control over the waste stream produced by the City of Meridian; · The City's commitment shall only be the use of the current landfill and the North cell expansion; · A diversion to another waste site by the City's vendor, will only be at the City's discretion; · Ada County has committed to provide the City annual notice by Aprill of each year to any possible request for rate increase; · Ada County has committed to maintaining better dialogue between the County and the City and its vendor on solid waste issues; · Ada County has committed to the continuation of the current recycling and alternative waste disposal systems, The Committee strongly felt that the City needs to re-assert its right to retain control over its solid waste stream. The Committee also felt the Ada County landfill was a reasonable disposal site and the continuation of service is for the benefit of the citizens of Meridian and should be continued, The Committee did not feel that alternative sites to the current landfill were in the City's best interest at this time. The City should retain its right to make those CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, ID 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 FINANCE & UTILITY BILLING - FAX 887- 4813 MAYo.R'S OFFICE -- FAX 884-8119 decisions when or if the need arises. The City can address those alternatives in the future, but should continue with the current operations and historical usage of the landfill. Thanks for the opportunity to have provided this recommendation, Dated this _ day of October, 2005, Nancy Mann Chair 14425 SE 63'd Street BeJlevue. W A 98006 (425) 761.1399 Eric J. Weiss Regional Sales Director (425) 761-1399 eric@idahowaste.com October 25,2005 OCT 2 5 Z005 CITY OF MERIDIAN CITY CLERK OFF1CF Mayor Tammy de Weerd Meridian City Council Solid Waste Advisory Committee City of Meridian 33 East Idaho Avenue Meridian, ID 83642 RE: Ada County LandfilllNorth Ravine Cell Dear Mayor de Weerd, City Council Members and Solid Waste Advisory Committee (SW AC): Initially, let me thank you for allowing Idaho Waste Systems to participate in the discussions relative to Ada County's development of the North Cell Ravine and alternatives available to the City of Meridian to possibly divert some waste to our facility, This letter is drafted in response to some questions asked at the recent SW AC meeting and other City inquiries, Idaho Waste Systems cannot stress enough the advantage present in the design and operation of the Simco Road landfill. As stated in our presentation, our facility exceeds current sub-title D requirements by constructing our landfill with a double liner system, Also, an array of environmental monitoring systems has been installed to confirm the environmental security and integrity of the landfill. Leachate monitoring, early leak detection, ground water, gas, and radiation monitoring are all in place to ensure our "Safe" operation, Ada County has not provided the cities in the county a final design of the North Ravine Cell, There is no reason to question its intention to build a quality facility, yet it remains to be seen. The same is true for the proposed Blacks Creek site being pursued by BFI. Nonetheless, the City is being required to make a long term commitment to Ada County without a complete picture of the project. In the same sense, Ada County has not provided the City information as to the nature of the commitment being sought, Le, is the Blacks Creek project included within the scope of this commitment, the financial obligation to the City for the construction and closure of the proposed cell or the duration of the commitment. These are issues that may be considered in the contractual negotiations with the County, but they are unclear at this point when the City facing a statutory deadline to commit to the project. October 25, 2005 The City Council posed several obstacles in contracting with Idaho Waste Systems. The first is complying with the competitive bid process. This is not an obstacle and the process should provide the City the best value for its dollar. The bid process cannot be completed by November 3rd, but then again, the North Ravine Cell will not be opened until 2009, Idaho Waste Systems understands that the City will participate in the North Ravine Cell, yet it would welcome the opportunity to competitively bid for the waste generated in the City, During the recent SW AC meeting, the committee discussed the j mportance of the continuation of the County's programs, As well, the County acknowledged their sole responsibility as a "non-profit" organization was to provide program management through the rates paid for solid waste in the County, With this in mind, Idaho Waste Systems would be willing to compensate the County on Meridian City's participation in their Household Hazardous waste and other programs. Finally, Idaho Waste Systems does not believe that siting a public/private landfill at Blacks Creek is prudent. If anything, it is redundant. Idaho Waste Systems has a state of the art facility in the same region and is actively pursuing contracts with public entities for business, Its site is located on an acti ve rail system and could easily receive waste utilizing the rail corridor owned by the City, Even if this does not become feasible, the extra cost in transportation between trucking to Simco Road rather than Blacks Creek cannot justify the construction of a second desert landfill. Again, thank you for providing Idaho Waste System the opportunity to participate in the City's process. Idaho Waste Systems will be in the region for a very long time and looks forward to future opportunities to provide service to the cities in the Treasure Valley, If you have any questions or concerns, please feel free to call me at (425) 761-1399, ~ Eric J. Weiss Regional Sales Director - 2- MAYOR Tammy de Weerd Ow COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree ShaUll Wardle CITY DEPARTMENTS City Attorney/Human Resources 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E, Franklin Road 888-1234/ fax 895-0390 Parks & Recreation II W. Bower Street 888-3579/ fax 888-6854 Planning 660 E, Watertower Lane Suite 202 884-5533 / fax 888-6854 Police 140 I E. Watertower Lane 888-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-55001 fax 895-955] - Building 660 E. Watertower Lane Suite 150 887-2211/ fax 887-]297 - Wastewater 340] N. Ten Mile Road 888-21911 fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 October 24, 2005 To: Mayor and City Council From: Solid Waste Advisory Committee (SW AC) Recommendation Nancy Maim, Chair RE: Solid Waste Landfill Commitment Request from Ada County Pursuant to your direction the Solid Waste Advisory Committee (SW AC) met on October 20,2005 to discuss the request by Ada County, Officials from Ada County and from Idaho Waste Systems (IWS) were present. The Committee made inquiries of Ada County and from IWS in reaching its conclusion, After thorough discussion the Committee makes the following recommendation: · Commit to the North cell expansion proposed by Ada County; · The commitment shall be for the continuance of the historical usage of the County landfill and the method and operation as has been done to date; · Reserve the right to maintain control over the waste stream produced by the City of Meridian; · The City's commitment shall only be the use of the CUlTent landfill and the North cell expansion; · A diversion to another waste site by the City's vendor, will only be at the City's discretion; · Ada County has committed to provide the City annual notice by Aprill of each year to any possible request for rate increase; · Ada County has committed to maintaining better dialogue between the County and the City and its vendor on solid waste issues; · Ada County has committed to the continuation of the cun-ent recycling and altemative waste disposal systems. The Committee strongly felt that the City needs to re-asselt its light to retain control over its solid waste stream, The Committee also felt the Ada County landfill was a reasonable disposal site and the continuation of service is for the benefit ofthe citizens of Meridian and should be continued. The Committee did not feel that altemative sites to the current landfill were in the City's best interest at this time, The City should retain its right to make those CITY HALL 33 EAST IDAHO A VENUE MERIDIAN, ID 83642 (208) 888-4433 CI1YCLERK-FAX 888-4218 FINANCE &UTlLITY BlLLING-FAX 887-4813 MAYOR'S OFFICEh FAX 884-8119 decisions when or if the need arises. The City can address those altematives in the future, but should continue with the current operations and historical usage of the landfill. Thanks for the opportunity to have provided this recommendation, Dated this _ day of October, 2005, Nancy Maim Chair October 21, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 25, 2005 ITEM NO, 8 REQU EST Pretermination Hearing for Ryan Wixson at 4343 East English AGENCY COMMENTS CITY CLERK: See attached Customer History Account 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: .u(~ Mf f1Vrl r Vl' ~f}l{;~ 0 Contacted: Emailed: See attached Letter from Ryan Wixsom OTHER: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian, ~ 1 "'VI /)Ix,;o V] G 1.7f,..tt~} vJOl4/J t~~ j~ (lVIl t4-IP/IJo(/l CJ ( wale\ 10/1 r;;/os ServIce.. - I, ~ F{AdMJ~<'1/'O VI hereh,/ /NIQ1'" y- '1 Vl J <'.-11; CP "to! c;J I l.B 43 f-, 6~Jj,S h rv'erJJlvtl-1, LV '6~tI{2 (20'6) ;76 -6 () s If ~u~ ~ be ~ r e. ,j ::s j ~ ~ :J.. ~ "0 ~ 'iij o ~ 15 e .ra 1: ::J o E as (I) m~ ~1i) .~ ~ m~ :g ~+oo ~ -mo '- ~ 1: ~ !5 ~ ~ g.~ ~:S -;-gE ~~~ .a-c:~ :SS.c C:UJ~ .e=o~ .~~ 5 .!: - 0 ~j.E :; :;) :J :) :'i1 :; ::) >. 1) Xi :J ~ 'fI ::I 3 ~ ~ :i ) .if! 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(.) ~ffi~~ ~<tiS:~ J;l~3~ m: 0 "'0 E~ c ...I OJ ~~.~ .S rn 4-J:: ..J C :E I- o Z o o w ~ W ...ll a.. .: 1:l ~ C Q) ro ~ ,*r tu U).s~'Orn ~o~-g~ S ~~~ ~ ~ [ al 'E ~.9 m ....- ~ ~ i ~~ ~ ! ~ ~ ~,~ ~ ~,~ ~ ~ ~ [ g,~.s~:s:g N~~~.9~ i ~'~ ~ ~ g g~~:;g>~ ~ ~ ~ ~ '~ ~ ~~~8.~~ ~ g, ~ ~i ~ ::l::: 8 CtI "0 C Co == ~ -g ~'~ 8-go :.gJR '~8~ ~~ ~ ~~::;o~ ~~~~~-g ~ ~~!i~ s ~~~.g~ .~ ~ 15 ~i.; ~:6~~~! i~a~ ~~ ' ~!e~8'~~ ~'~,~ -~~ ~.~ 1J~~~~~~ i~~~~~~ ~ '~;; ~ ~ ~ ~ g.~ ~:g ~i'~ ~Q.UCtla:l~f/I N '<t (0 (') co 9 Z od: o ~ w :E ui ~ o J: ~ u.i C"l Z <( o ~ w :::i: u. o f: u I 9~1-21 = DELlNQUENc..:IES; CITY PROCEDURE: Page 1 of2 A.Termination Of Service; Notice: The municipal utility billing department shall furnish monthly each water user a statement of the amount due for water and sewer and other charges for the preceding month or up to the time that the meter has been read; and if any water user does not pay the billing within fifteen (15) days from the date of the statement, the water user's account shall be delinquent. Water users shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service of this notification on the water user, the right to water shall cease and terminate unless the owner requests a pretermination hearing, Should the water user not request a pretermination hearing, or if an adverse decision is rendered against the owner after a pretermination hearing, the city may require the owner to pay the delinquent water bill attributable to the use, plus a turn on charge as a condition of resumption of water service, and in the event the water meter has been removed, a fee must be paid as a condition of resumption of water service, No allowance will be made for nonuse for less than one month, All corrections as to the charge and all abatements shall be made under the direction of the mayor and council and shall be certified by the finance director, BRight To Hearing: 1, The city, in its delinquency notice to all water users and owners, shall inform them in writing of their right to a pretermination hearing, with such hearing to be held with the due process protection described below, If a pretermination hearing is requested by any water user, the city will not discontinue water service to any water user prior to a fair and impartial hearing, after timely and adequate notice and an opportunity to confront witnesses, to personally appear with retained counsel to be judged on facts adduced at the hearing and to otherwise be heard and defend the claim made by the city, The city council shall have the responsibility of holding pretermination hearings, The city council shall make a record of all pretermination hearings, The city council shall render its decision in writing, giving the reasons for its determination, In decisions adverse to the water user, the city council will inform the water user of the right to appeal the decision pursuant to the Idaho state administrative procedures act 1 , 2, Provided, however, the city shall not initially deny or discontinue water service to any water user because of any delinquent water bill on that premises that is attributable to the prior owner, However, any and all unpaid water charges shall be a lien against the property as provided below, The city may initially deny water service to any water user who requests service at a new location when that water user has a delinquency at any previous location or premises, Provided, further, that the city shall not initially deny water service to any water user for whatever reason without informing the water user of the right to a hearing before the city council on the issue of whether the city can initially deny water services, In the case of an initial denial of water service, the city is not required to provide water service pending a hearing, However, a hearing upon request of a water user initially denied water service shall be held as expeditiously as possible and held in the manner and accordance with the procedures for pretermination hearings delineated above, C,Lien Imposed: Where allowed by law, all delinquent charges or fees, as provided by this section, not paid after the final determination of the delinquent account, shall be imposed as a lien against and upon the property or premises against which such charge file:IIC:\DOCUME~ 1 \BERGW~2.MER\LOCALS~ 1 \Temp\LNFTVVUX,hhn 10/18/2005 "" Page 2 of2 ( or fee is levied or assesstd; and the clerk shall, at the time o(certifying the city taxes, certify such delinquencies together with all penalties to the tax collector of Ada County, and when so certified, the same shall be a lien upon the property. All monies collected by the clerk under the provisions of this section shall be paid over to the city treasurer in the same manner as is required for the payment of other city monies. D,Security Deposit: Upon application for new service, or upon reconnection for existing service which was terminated for nonpayment, the city may require a water user to pay a deposit in an account to be determined in accordance with policies established by resolution of the city council. (Ord, 03-1044, 9-23-2003) file:!/C:\DOCUME~ 1 \BERGW~2,MER\LOCALS~ 1 \Temp\LNFTVVUX.htm 10/18/2005 Customer History - Account by Name Report Date(s): 01/01/200310 10/20/2005 Page: 1 Oct 21 ,2005 02:23pm Report Criteria: Customer.Cust No" 204712042 20.47.1204.2 WIXSON, RYAN Account Summary: Dump Billings Adj Payments Olh 01/15/2003 02/05/2003 158.81 Yes CITY OF MERIDIAN Customer History - Account by Name Report Date(s): 01/01/2003 to 10120/2005 Page: 2 Oct 21, 2005 02:23pm 20.47.1204.2 WIXSON, RYAN (Continued) Garb RetCk Dump Billings Adj Payments CITY OF MERIDIAN Customer History - Account by Name Report Oate(s): 01/01/2003 to 10/20/2005 Page: 3 Oct 21, 2005 02:23pm (Continued) 20.47.1204.2 WIXSON, RYAN 04/05/2005 05/05/2005 06105/2005 07/05/2005 08/05/2005 09105/2005 10/05/2005 10/20/2005 03/1112005 52996645 04/18/2005 52996645 05/16/2005 52996645 06/1712005 52996645 07/18/2005 52996645 08/15/2005 52996645 09/20/2005 52996645 52996645 Beg Read 259 263 271 276 282 28B 293 300 263 271 276 2B2 2BB 293 300 Usage 4,000 8,000 5,000 6,000 6,000 5,000 7,000 300,000 Muliplier .0000 1000.0000 .0000 1000.0000 .0000 1000.0000 .0000 1000.0000 .0000 1000.0000 .0000 1000.0000 .0000 1000.0000 7.63 11.67 8.64 9.65 9.65 B.64 10.66 .00 Non-metered Services' Usage 02105/2003 03/05/2003 04/05/2003 05105/2003 06/05/2003 07/05/2003 08/05/2003 09/05/2003 10/05/2003 11/05/2003 12/05/2003 01/05/2004 02105/2004 03105/2004 04/05/2004 05/05/2004 06/05/2004 07105/2004 08/05/2004 09/05/2004 10/05/2004 11/05/2004 12105/2004 01/05/2005 0210512005 03105/2005 04/05/2005 05/05/2005 06/05/2005 07/05/2005 OB/05/2005 09/05/2005 10/05/2005 10/20/2005 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 00 .00 .00 .00 .00 .00 .00 Current Rate Table: 301 Sewer-residential 02/05/2003 03/05/2003 04/05/2003 05/05/2003 06/05/2003 07/05/2003 OB/05/2003 09105/2003 10/05/2003 11/05/2003 12/05/2003 01/05/2004 02/05/2004 03/05/2004 04/05/2004 0510512004 06/05/2004 07/05/2004 08105/2004 09/05/2004 10105/2004 11105/2004 12/05/2004 01/05/2005 02/05/2005 03/05/2005 04/05/2005 05/05/2005 06/05/2005 07/05/2005 08/05/2005 09/05/2005 10/05/2005 10/20/2005 Usage o 3,000 6,000 5 5 5 5 5 5 5 5 5,000 6,000 7,000 6,000 6 6 6 6 6 6 6 6 11,000 9,000 8,000 4,000 8,000 5,000 6,000 6,000 5,000 7,000 o 102,088 12.41 20.75 17.97 17.97 17.97 17.97 17.97 17.97 17.97 17.97 17.97 20.75 23.53 20.75 20.75 20.75 20.75 20.75 20.75 20.75 20.75 20.75 34.65 29.09 26.31 15.68 27.16 1B.55 21.42 21 .42 18.55 24.29 .00 CITY OF MERIDIAN Customer History - Account by Name Report Date(s): 01/01/2003 to 10/20/2005 Page: 4 Oct 21, 2005 02:23pm 20.47.1204.2 WIXSON, RYAN (Continued) Period 02105/2003 03105/2003 04/05/2003 05/0512003 06/0512003 07/05/2003 08/05/2003 09105/2003 10/05/2003 11/05/2003 12/0512003 01/05/2004 02105/2004 03105/2004 04/05/2004 0510512004 06/0512004 07/0512004 08/05/2004 09/05/2004 10105/2004 11105/2004 12105/2004 01/05/2005 02105/2005 03/05/2005 04/05/2005 05105/2005 06/05/2005 07/0512005 08/05/2005 09/05/2005 10/05/2005 10120/2005 Usage Current Rate Table: 501 Garbage 10.75 RES Usage .00 Conne 9.92 9.92 9.92 9.92 9.92 9.92 9.92 9.92 10.05 10.05 10.05 10.05 10.05 10.05 10.05 10.05 10.05 10.05 10.05 10.05 10.15 10.15 10.15 10.15 10.15 10.15 10.15 10.15 10.15 10.75 10.75 10.75 .00 Current Rate Table: 801 Residential Toter Usage 02105/2003 03/05/2003 04/0512003 05/0512003 06105/2003 07/05/2003 08105/2003 09/05/2003 10/05/2003 11/05/2003 12/05/2003 01/05/2004 02105/2004 03105/2004 04/05/2004 05/0512004 06/0512004 07/05/2004 08/05/2004 09105/2004 10/05/2004 1110512004 1210512004 01/05/2005 02105/2005 03/05/2005 04105/2005 05/05/2005 06/05/2005 07/05/2005 08/05/2005 09105/2005 10105/2005 1 0/20/2005 Usage Amount Status Current Rate Table: 701 TOTERS Usage Status .00 Conne 2.45 2.45 2.45 2.45 2.45 2.45 2.45 2.45 2.38 2.38 2.38 2.38 2.38 2.38 2.38 2.38 2.38 2.38 2.38 2.38 2.41 2.41 2.41 2.41 2.41 2.41 2.41 2.41 2.41 2.41 2.41 2.41 .00 Current Rate Table: 1101 Returned Check Fee Usage 02105/2003 .00 Con ne 02/05/2003 .00 Conne 03/0512003 .03 03/05/2003 .00 04/0512003 .03 04/05/2003 .00 05/05/2003 .03 05/05/2003 .00 0610512003 .04 06105/2003 .00 0710512003 .04 07105/2003 .00 08/05/2003 .04 08/0512003 20.00 09105/2003 .04 09/0512003 .00 10/05/2003 .04 10105/2003 .00 Customer History - Account by Name Report Date(s): 01/01/2003 to 10/20/2005 Page: 5 Oct 21, 2005 02:23pm 20.47.1204.2 WIXSON, RYAN Usage (Continued) 11/05/2003 12/05/2003 01/05/2004 02/05/2004 03/05/2004 04/05/2004 05/05/2004 06/05/2004 07/05/2004 08/05/2004 09/05/2004 10/05/2004 11/05/2004 12/05/2004 01/0512005 02/05/2005 03/05/2005 04/05/2005 05/05/2005 06/05/2005 07/05/2005 08/05/2005 09/05/2005 10105/2005 10/20/2005 Usage .14 .14 .14 .14 11/05/2003 12/05/2003 01/05/2004 02/05/2004 03/05/2004 04/05/2004 05/05/2004 06/05/2004 07/05/2004 08/05/2004 09/05/2004 10/05/2004 11/05/2004 12/05/2004 01/05/2005 02/05/2005 03/05/2005 04/05/2005 05/05/2005 06/05/2005 07/05/2005 06/05/2005 09/05/2005 10/0512005 10/20/2005 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Current Rate Table: 1501 Dumpster - Misc Period Usage Status Usage Status - ---------- -- - -.............. - - 02/05/2003 02/05/2003 03/05/2003 .00 03/05/2003 .00 04/05/2003 .00 04/05/2003 .00 05105/2003 .00 05/0512003 .00 06/05/2003 .00 06/05/2003 .00 07/05/2003 30.00 07/05/2003 .00 08/05/2003 .00 08/05/2003 .00 09/05/2003 .00 09/05/2003 .00 10/0512003 .00 10/05/2003 .00 11/05/2003 30.00 11/05/2003 .00 12/05/2003 .00 12/05/2003 .00 01/05/2004 .00 01/05/2004 .00 02/05/2004 .00 02105/2004 .00 03/05/2004 .00 03/05/2004 .00 04/05/2004 .00 04/05/2004 .00 05/05/2004 .00 05/05/2004 .00 06/05/2004 30.00 06/05/2004 .00 07/05/2004 .00 07/0512004 .00 08/05/2004 30.00 08/0512004 .00 09105/2004 .00 09/05/2004 .00 10/05/2004 .00 10/05/2004 .00 11/05/2004 .00 11/05/2004 .00 12105/2004 .00 12/05/2004 .00 .14 .14 .14 .14 .14 .14 .14 .14 .14 .14 .14 .14 .14 .14 .14 .14 .12 .12 12 .00 Current Rate Table: 1301 Tumon Fee Dump CITY OF MERIDIAN Page: 6 Oct 21, 2005 02:23pm Customer History - Account by Name Report Date{s): 01/01/2003 to 10/20/2005 20.47.1204.2 WIXSON, RYAN (Continued) 01/05/2005 02/05/2005 03105/2005 04/05/2005 05/05/2005 06/05/2005 07/05/2005 06/05/2005 09/05/2005 10/05/2005 10/20/2005 Usage .00 .00 .00 .00 .00 30.00 .00 .00 30.00 .00 .00 01/05/2005 02/05/2005 03105/2005 04/05/2005 05/05/2005 06/05/2005 07/05/2005 08/05/2005 09/05/2005 10/05/2005 10/20/2005 Usage .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Transaction Detai!: Date Type Ref No Service 03105/2003 Bill 03/05/2003 Bill 03105/2003 Bill 03105/2003 Bill 03/05/2003 Bill 03/12/2003 pmt 04/05/2003 Bill 04/05/2003 Bill 04/05/2003 Bill 04/05/2003 Bill 04/05/2003 Bill 05/05/2003 Bill 05/05/2003 Bill 05/05/2003 Bill 05/05/2003 Bill 05/05/2003 Bill 05/15/2003 Pmt 06105/2003 Bill 06105/2003 Bill 06/05/2003 Bill 06/05/2003 Bill 06105/2003 Bill 06/26/2003 Pmt 07/05/2003 Bill 07/05/2003 Bill 07/05/2003 Bill 07/05/2003 Bill 07105/2003 Bill 07/05/2003 Bill 07/28/2003 BilC 08/05/2003 Bill 08/05/2003 Bill 08/05/2003 Bill 08/05/2003 Bill 08/05/2003 Bill 08/05/2003 Bill 08/08/2003 Pmt 09/05/2003 Bill 15935 Water 80429 Sewer 80429 Garb 80429 Toter 80429 Tax 460 1 Water 64594 Sewer 64594 Garb 64594 Toter 64594 Tax 16570 Water 114322 Sewer 114322 Garb 114322 Toter 114322 Tax 329 16972 Water 87281 Sewer 87281 Garb 87281 Toter 87281 Tax 129 13792 Water 27074 TnOn 55448 Sewer 55448 Garb 55448 Toter 55448 Tax 4 Water 30785 Water 30786 RetCk 80321 Sewer 80321 Garb 80321 Toter 60321 Tax 443 10899 Water Description Utility Reading - 02/11/03 Auto Billing - 02128103 12:52 Auto Billing - 02128/03 12:52 Auto Billing - 02128/03 12:52 Auto Billing - 02128/03 12:52 UTILITY PAYMENT Meter Entry - 03/21/03 08:38 Auto Billing - 03/28/03 11 :20 Auto Billing - 03/28/03 11 :20 Auto Billing - 03/28/03 11: 20 Auto Billing - 03/28/03 11: 20 Utility Reading - 04/1 0103 Auto Billing - 04/28/03 14:14 Auto Billing. 04/28/03 14:14 Auto Billing. 04/28/03 14:14 Auto Billing - 04/28/03 14:14 UTILITY PAYMENT Utility Reading. 05/12/03 Auto Billing - 05/30/03 13:55 Auto Billing - 05/30/03 13:55 Auto Billing - 05/30/03 13:55 Auto Billing - 05/30/03 13:55 UTILITY PAYMENT Utility Reading - 06/10/03 Manual Bill - 06/27/03 09: 03 Auto Billing - 06/30/03 14:52 Auto Billing - 06/30/03 14:52 Auto Billing - 06/30/03 14:52 Auto Billing - 06/30/03 14:52 NSF CHK# 2136 Utility Reading - 07114/03 Manual Bill - 07/23/03 11 :38 Auto Billing - 07/31/03 11 :33 Auto Billing - 07/31/03 11:33 Auto Billing - 07/31/03 11 :33 Auto Billing - 07/31/03 11 :33 UTILITY PAYMENT Utility Readinq - 08/11/03 Usage 3,000 3,000 o o o o 6,000 6,000 o o o 7,000 5 o o o o 7,000 5 o o o o 17,000 o 5 o o o o 24,000 o 5 o o o o 28,000 6.42 12.41 9.92 2.45 .03 31.23 - 9.36 20.75 9.92 2.45 .03 10.34 17.97 9.92 2.45 .03 42.51 - 10.34 17.97 9.92 2.45 .04 81.43 . 20.14 30.00 17.97 9.92 2.45 .04 81.43 Man Alloe 27.00 20.00 17.97 9.92 2.45 .04 161.95 - 30.92 CITY OF MERIDIAN Customer History - Account by Name Page: 7 Report Date(s): 0110112003 to 1012012005 Oct 21, 2005 02:23pm 20.47.1204.2 WIXSON, RYAN 4343 ENGLISH DR E (Continued) Type Ref No Service Description Source ld Usage Status --- ---- 0910512003 Bill 65227 Sewer Auto Billing - 08129103 12:59 5 17.97 0910512003 Bili 65227 Garb Auto Billing - 08129103 12:59 0 9.92 0910512003 Bili 65227 Toter Auto Billing. 08129103 12:59 0 2.45 0910512003 Bill 65227 Tax Auto Billing. 08129103 12:59 0 .04 0911612003 Pmt 1127 UTILITY PAYMENT 0 77.38 - 1010512003 Bill 20866 Water Utility Reading - 09112103 19,000 22.10 1010512003 Bill 107026 Sewer Auto Billing - 09126103 15:48 5 17.97 1010512003 Bill J 07026 Garb Auto Billing - 09126103 15:48 0 9.92 1010512003 Bill 107026 Toter Auto Billing - 09126/03 15:48 0 2.45 10/05/2003 Bill 107026 Tax Auto Billing. 09/26103 15:48 0 .04 10/22/2003 Pmt 131 UTILITY PAYMENT 0 61.30 - 11105/2003 Bill 22029 Water Utility Reading - 10/10/03 15,000 18.18 11105/2003 Bill 23183 TnOn Manual Bill- 10/24/03 09:51 0 30.00 11105/2003 Bill 79741 Sewer Auto Billing - 10130103 08:42 5 17.97 11105/2003 Bill 79741 Garb Auto Billing - 10/30103 08:42 0 10.05 11105/2003 Bill 79741 Toter Auto Billing - 10130103 08:42 0 2.38 11105/2003 Bill 79741 Tax Auto Billing - 1 0/30103 08:42 0 .14 1112112003 Pmt 728 UTILITY PAYMENT 0 52.48 - 12/0512003 Bill 848 Water Utility Reading - 11/14103 11, 000 14.26 12/0512003 Bill 6578 Sewer Auto Billing -11/21/03 07:19 5 17.97 12/0512003 Bill 6578 Garb Auto Billing -11/21/03 07:19 0 10.05 12/0512003 Bill 6578 Toter Auto Billing -11/21/03 07:19 0 2.38 1210512003 Bill 6578 Tax Auto Billing - 11/21103 07:19 0 .14 12122/2003 Pml 158 UTILITY PAYMENT 0 78.72 - 01105/2004 Bill 845 Water Utility Reading - 12/15/03 5,000 8.38 0110512004 Bill 21234 Sewer Auto Billing - 01105104 16:08 5,000 17.97 01105/2004 Bill 21234 Garb Auto Billing - 01105104 16:08 0 10.05 01105/2004 Bill 21234 Toter Auto Billing - 01105104 16:08 0 2.38 01105/2004 Bill 21234 Tax Auto Billing - 01105104 16:08 0 .14 01116/2004 Pmt 21 UTILITY PAYMENT 546 8.000530 0 63.72 - 01129/2004 Pmt 329 UTILITY PAYMENT 560 4.048203 0 45.00 - 02/0512004 Bill 392 Water Utility Reading. 01115104 6,000 9.36 02/0512004 Bill 19242 Sewer Auto Billing - 02105/04 14:26 6,000 20.75 02/0512004 Bill 19242 Garb Auto Billing - 02105/04 14:26 0 10.05 02/0512004 Bill 19242 Toter Auto Billing - 02105104 14:26 0 2.38 02/0512004 Bill 19242 Tax Auto Billing - 02105104 14:26 0 .14 03/05/2004 Bill 519 Water Utility Reading. 02/1 3104 7,000 10.34 03105/2004 Bill 29715 Sewer Auto Billing - 03/04/04 06: 57 7,000 23.53 03/05/2004 Bill 29715 Garb Aulo Billing - 03/04/04 06:57 0 10.05 03/05/2004 Bill 29715 Toter Auto Billing - 03104104 06:57 0 2.38 03105/2004 Bill 29715 Tax Auto Billing - 03104104 06:57 0 .14 0410512004 Bill 720 Water Utility Reading - 03/16/04 6,000 9.36 0410512004 Bill 33197 Sewer Auto Billing - 04105104 17:46 6,000 20.75 0410512004 Bill 33197 Garb Auto Billing - 04105104 17:46 0 10.05 04105/2004 Bill 33197 Toter Auto Billing - 04105104 17:46 0 2.38 0410512004 Bill 33197 Tax Auto Billing - 04105/04 17 :46 0 .14 04116/2004 pmt 358 UTILITY PAYMENT 0 44.12 - 05105/2004 Bill 1886 Water Utility Reading - 04119/04 5,000 8.38 0510512004 Bill 9213 Sewer Auto Billing - 05/04/04 14:56 6 20.75 0510512004 Bill 9213 Garb Auto Billing - 05/04/04 14:56 0 to.05 05/0512004 Bill 9213 Toter Auto Billing - 05/04/04 14:56 0 2.38 05/0512004 Bill 9213 Tax Auto Billing - 05/04/04 14:56 0 .14 05/2112004 Pmt 35 UTILITY PAYMENT 0 84.36 - 06/0512004 Bill 761 Water Utility Reading - 05/14104 9,000 12.30 06/0512004 Bill 5430 TnOn Manual Bill - 06102104 14:32 0 30.00 06/0512004 Bill 26214 Sewer Auto Billinq - 06/04/04 15:02 6 20.75 Customer History - Account by Name Report Date{s): 01/01/2003 to 10/20/2005 Page: 8 Oct 21 ,2005 02:23pm 20.47.1204.2 WIXSON, RYAN 4343 ENGLISH DR E (Continued) Type Ref No Service Description Source Id Usage 08/05/2004 Bill 28214 Garb Auto Billing - 06/04/04 15:02 0 10.05 0610512004 Bill 26214 Toter Auto Billing - 06/04/04 15:02 0 2.38 06/05/2004 Bill 26214 Tax Auto Billing - 06/04/04 15 :02 0 .14 07/05/2004 Bill 650 Water Utility Reading - 06/15/04 10,000 13.26 07/05/2004 Bill 4193 Sewer Auto Billing - 06/21/04 08:47 6 20.75 07/05/2004 Bill 4193 Garb Auto Billing - 06/21/04 08:47 0 10.05 07/05/2004 BlII 4193 Toter Auto Billing - 06/21/04 08:47 0 2.38 07/05/2004 BlII 4193 Tax Auto Billing - 06/21/04 08:47 0 .14 07/21/2004 Pmt 2344 UTILITY PAYMENT 0 75.62 - 08/05/2004 Bill 920 Water Utility Reading - 07119/04 10,000 13.28 08/05/2004 Bill 5954 TnOn Manual Bill - 07/28/04 08:26 0 30.00 08/05/2004 Bill 20114 Sewer Auto Billing - 08/05104 14:18 6 20.75 08105/2004 Bill 20114 Garb Auto Billing - 08/05/04 14: 18 0 10.05 08/05/2004 Bill 20114 Toter Auto Billing - 08/05/04 14: 18 0 2.38 08/05/2004 Bill 20114 Tax Auto Billing - 08/05/04 14: 1 8 0 .14 08/18/2004 pmt 21 UTILITY PAYMENT 0 50.00. 09105/2004 Bill 907 Water Utility Reading - 08/17/04 9,000 12.30 09105/2004 Bill 22485 Sewer Auto Billing - 09/03/04 16:53 6 20.75 09/05/2004 Bill 22485 Garb Auto Billing - 09/03/04 16:53 0 10.05 09105/2004 Bill 22485 Toler Auto Billing - 09/03/04 16:53 0 2.38 09/05/2004 Bill 22485 Tax Auto Billing - 09/03/04 16:53 0 .14 09/21/2004 pmt 592 UTILITY PAYMENT 0 118.82 - 10/05/2004 Bill 445 Water Utility Reading - 09/17/04 9,000 12.30 10/05/2004 Bill 47720 Sewer Auto Billing - 10/06/04 10: 26 6 20.75 10/05/2004 Bill 47720 Garb Auto Billing - 10/06/04 1 0: 26 0 10.05 10/05/2004 Bill 47720 Toter Auto Billing - 10/06/04 10: 26 0 2.38 10/05/2004 Bill 47720 Tax Auto Billing - 10106104 10:26 0 .14 11/05/2004 Bill 612 Water Utility Reading - 10/15/04 9,000 12.30 11/05/2004 Bill 21121 Sewer Auto Billing - 11/05/04 11 :17 6 20.75 11/05/2004 Bill 21121 Garb Auto Billing -11105/04 11:17 0 10.15 11/05/2004 Bill 21121 Toter Auto Billing - 11/05/04 11: 17 0 2.41 1110512004 Bill 21121 Tax Auto Billing. 11/05104 11: 17 0 .14 11/30/2004 Pmt 331 UTILITY PAYMENT 0 55.00 - 12/0512004 Bill 672 Water Utility Reading - 11/15/04 9,000 12.30 12/05/2004 Bill 21689 Sewer Auto Billing. 12/03104 14:21 6 20.75 12/05/2004 Bill 21689 Garb Auto Billing. 12/03/04 14:21 0 10.15 12/05/2004 Bill 21689 Toter Auto Billing -12/03/04 14:21 0 2.41 12/05/2004 Bill 21689 Tax Auto Billing -12/03/04 14:21 0 .14 01/04/2005 Pmt 2505 UTILITY PAYMENT 0 55.00 - 01105/2005 Bill 781 Water Utility Reading - 12/14/04 11. 000 14.26 01/05/2005 Bill 38387 Sewer Auto Billing - 01/05/05 17:00 11,000 34.65 01105/2005 Bill 38387 Garb Auto Billing - 01/05/05 17:00 0 10.15 01/05/2005 Bill 38387 Toter Auto Billing - 01/05105 17:00 0 2.41 01/05/2005 Bill 38387 Tax Auto Billing - 01/05/05 17:00 0 .14 02/0512005 Bill 1695 Water Utility Reading - 01/20/05 9,000 12.30 02/05/2005 Bill 24564 Sewer Auto Billing - 02104/05 09:08 9,000 29.09 02105/2005 Bill 24564 Garb Auto Billing - 02104/05 09:08 0 10.15 02/05/2005 Bill 24564 Toter Auto Billing - 02104105 09:08 0 2.41 02/05/2005 Bill 24564 Tax Auto Billing - 02104105 09:08 0 .14 02/08/2005 pmt 608 UTILITY PAYMENT 0 55.00. 03/05/2005 Bill 395 Water Utility Reading - 02/14/05 8,000 11.32 03/05/2005 Bill 7669 Sewer Auto Billing - 02123/05 12:32 8,000 26.31 03/05/2005 Bill 7669 Garb Auto Billing - 02123/05 12:32 0 10.15 03/05/2005 Bill 7669 Toter Auto Billing. 02123105 12:32 0 2.41 03105/2005 Bill 7669 Tax Auto Billing - 02123/05 12:32 0 .14 03/07/2005 Pmt 828 UTILITY PAYMENT 0 55.00 - CITY OF MERIDIAN Cuslomer History - Account by Name Report Dale{s): 01101/2003 10 10/20/2005 Page: 9 Oct 21,2005 02:23pm 20.47.1204.2 WIXSON, RYAN (Continued) 04/05/2005 Bill 04/05/2005 Bill 04105/200S Bill 04105/2005 Bill 04/05/2005 Bill 04/05/2005 Pm! 05/05/2005 Bill 05/05/2005 Bill 05/0512005 Bill 05/05/2005 Bill 05/05/2005 Bill 05/18/2005 Pmt 06/OS/2005 Bill 06/05/2005 Bill 06/05/2005 Bill 06/05/2005 Bill 06105/200S Bill OS105/2005 Bill OS/14/2005 Pmt 07/05/2005 Bill 07/05/2005 Bill 07/0512005 Bill 07/0512005 Bill 07/0S/2005 Bill 07/0S/2005 Pm! 08/05/2005 Bill 08/0S/200S Bill 08/0S/2005 Bill 08/0S/2005 Bill 08/05/200S Bill 08/17/2005 Pml 09/05/200S Bill 09/0S/2005 Birr 09/0S/2005 Bill 09/0S/2005 Bill 09/OS/200S Bill 09/05/200S Bill 10/05/200S Bill 10/05/200S Bill 10/OS/200S Bill 10/0S/200S Bill 10/0S/2005 Bill 10/18/2005 Pmt Type Ref No Service 728 Waler S9S40 Sewer S9S40 Garb 59S40 Toler 59S40 Tax 2029 396 Water 29844 Sewer 29844 Garb 29844 Toter 29844 Tax 140 727 Water 22961 TnOn 41887 Sewer 41887 Garb 41687 Toler 41887 Tax 1086 1746 Water 21514 Sewer 21S14 Garb 21514 Toter 21S14 Tax 2302 800 Water 11870 Sewer 11870 Garb 11870 Toler 11870 Tax 57 723 Water 10413 Sewer 10413 Garb 10413 Toter 10413 Tax 10414 TnOn 1623 Water 10424 Sewer 10424 Ga rb 10424 Toter 10424 Tax 19S Description Check No Usage 4,000 4,000 o o o o 8,000 8,000 o o o o 5,000 o 5,000 o o o o 6,000 6,000 o o o o 6,000 6,000 o o o o S,OOO S,OOO o o o o 7,000 7,000 o o o o 7.63 1S.68 10.1S 2.41 .14 SS.OO, 11.67 27.16 10.15 2.41 .14 64.16 - 8.64 30.00 18.55 10.1S 2.41 .14 5S.00 - 9.65 21.42 10.1S 2.41 .14 55.00 - 9.65 21.42 10.75 2.41 .12 55.19 - 8.64 18.S5 10.7S 2.41 .12 30.00 10.6S 24.29 10.75 2.41 .12 114.82 - Comp Metered. 03/31/05 12:02 AulD Billing - 04105/05 11 :42 Auto Billing - 04/0S/05 11 :42 Auto Billing - 04/05/05 11 :42 Auto Billing. 04/05/05 11 :42 LOCKBOX PAYMENT Comp Metered - 05/0S/0S 15:05 Auto Billing - 05/05/05 15: 17 Auto Billing - 05/05/05 1S: 17 Auto Billing - 05/05/05 15:17 Auto Billing. 05/05/05 15: 17 UTILITY PAYMENT Utility Reading - OS/16/05 Manual BiII- 06/03/05 11 :11 AulD Billing - 0610SI05 10:31 Auto Billing - 06/06/05 10:31 Auto Billing - 06/06/05 10:31 Auto Billing. 06/06/05 10:31 UTILITY PAYMENT Utility Reading - 06/20/05 Auto Billing - 07/05/05 14: 16 Auto Billing - 07/05/05 14: 16 Auto Billing - 07/05/0S 14:16 Auto Billing - 07/0S/05 14:16 UTILITY PAYMENT Utility Reading, 07/18/0S Auto Billing. 08/04/OS 17:33 Auto Billing. 08/04/0S 17:33 Auto Billing - 08/04/0S 17:33 Auto Billing - 08/04/0S 17:33 UTILITY PAYMENT Utility Reading - 08/15/0S Auto Bill ing - 09/06/0S 16:S3 Auto Billing - 09/06/OS 1 B: S3 Auto Billing" 09/06/05 16:53 Auto Billing - 09/06/05 18:S3 Manual Bill - 09/06/05 19:51 Utility Reading - 09/20105 Auto Billing - 10/05/05 16:55 AulD Billing - 10/05/05 16:55 Auto Billing - 10/05/05 16:55 AulD Billing - 10/05/05 16:55 UTILITY PAYMENT Customer History - Account by Name Report Date{s): 01/01/2003 to 10/20/2005 Page: 10 Oct 21 ,2005 02:23pm Water Sewer Garbage Garbage - Bldr Toters Container Tax Fire Line Dumpster Tax ReI. Ck Tuman Fee False Alarm Dumpster. Misc Meter Rental Meter Tax Septic Dump Principle Interest Renter Reinstall Fee OT Inspection Vehicle Fee Usage Amount 300,000 102,088 o o o o o o o o o o o o o o o o o o o 407.36 663.04 323.56 .00 77.08 3.59 .00 .00 20.00 180.00 .00 .00 .00 .00 .00 .00 00 .00 .00 .00 .00 Report Criteria: Customer.Cust No = 204712042 M:\C$[)ala FriOct2L 2005 02:20pm .J d ! t q i i ; d i f If ; j I' 1 i I ;, M:~iiiala '. .";i Oct 21, 2005 02:20 m : i 11 11 II n w d jj II ! I . f il Ii 'I II 5000 1855 10.15 241 14 00 3000 00 69.89 115.69 6416. 00 00 00 00 00 00 Balance: I-"121".f,f r-""Ti5.6f r---'64:is r-"-13TI5' r--1421l2- [-""75.62 i Adiu$lment , Detail homani Fri Oct 21. 2005 02:20pm i I 11 d 11 d 11 ' i 11 H ! i . i Fri Oct 21.2005 02:21pm j ! : rr ,_ t. - (. q. H. it 1 ( i ~ 11: OTY OF MERIDIAN ilolniani M:\Csioala Frj Oct 21. 2005 02:21 pm , III . J ! I n !!fUIII :~Fil' M:\c;Oala Fridel 21. 2005b2:iipm j I d : d ! i If: H ! j I , Ii I , I It: ;!ldl I j j !l1 I j d I . i ' II i I I . i l j . J co d i;l. J r r i III II' jll~lj '.1 l. i j I October 21 , 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Beckit Development, Inc. AZ 05-030 October 25, 2005 ITEM NO. 14 REQUEST Amendment to Ordinance No, 05-1192 - Request for Annexationa nd Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision - 2770 South Locust Grove Road 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: Contacted: <a~ (0;O.oJ~..1 Date: 1 D/)_4!OS- Phone: EmaiJed: f/ o.(/(J>.J @ fIlo..rktAr rf....e S~q() COM Staff Initials: A f!- Materials presented at public meetings shall become property of the City of Meridian, COMMENTS See attached Ordinance o1f~ CITY OF MERIDIAN AMENDING ORDINANCE NO. 05-1192 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-030 WINDW ALKER SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NW ~ OF THE SW ~ OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TillS ORDINANCE SHALL BE ~ED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit" A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: John and Glenda Shipley. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and re-zone said property. AMENDED ANNEXATION OF AZ-OS-030 WINDW ALKER SUBDIVISION Page 1 of3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance, SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in fun force and effect from and after its passage, approval and publication, according to law, SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho, SECTION 9. That pursuant to the affirmative vote of one-half (I/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 25'~ day of tJcIi9~ , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z-5.ft: day of t9~~ ,2005. Page 2 of3 STATE OF IDAHO, ) ) S8. County of Ada ) On this ~y of 0 (, to lQ-Vu 2005, 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) ......N..... ....~9. _~~.. ..W.i:-OT~.ft~~. III I Tr"" . : { ~ : . , I II ~ '. l : ..~~\Q~~... ..~Wlll1'lfl.. Jhcu} iY7 rfnA"#0 NOTARY PUBLIC FOR IDAHO RESIDING AT: nle (i;Ja.. Jo( MY COMMISSION EXPIRES: /O-iS>/1 AMENDED ANNEXATION OF AZ-05-030 WINDW ALKER SUBDIVISION Page 3 of3 NOTICEANDPUBUSHEDSUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN AMENDED ORDINANCE NO. 05-1192 PROVIDING FOR AMENDING ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the NW % of the SW %, of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, of Wind walker Subdivision more particularly described in Attachment" A". This parcel contains 5.1 acres more or less, Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho, This amended ordinance shall become effective on the 251'!::.. day of tJvh~ .2005, L~~~~~YOfMeridjan By: William G. Berg, Ir" City Clerk First Reading: It - t ~ ~ t? ~ Adopted after first reading by suspension ofthe Rule as allowed pursuant to Idaho Code 50-902: YES ---1:C- NO_ Second Reading: Third Reading: STA TEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF AMENDED ORDINANCE NO. 05-1192 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 Amended Ordinance No, 05-1192 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 ,g 50-901A (3). / DATED this 3- day of NJ-LJ ,2005. - ~~N1J~ City Attorney AMENDED ORDINANCE 05-1192 SUMMARY AZ-05-030 WINnw ALKER SUBDMSION Page 1 of 1 EXHIBIT A Windwalker Subdivision AZ-05-030, PP-05-030 Legal Description DESCRIPTION FOR PROPOSED WIND WALKER SUBDIVISION May 12, 2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SW 1f4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20 T. 3 N" R 1 E., B.M.. MERIDIAN, ADA COUNTY, IDAHO; THENCE N 00.44'50" E 1327.40 FEET TO THE SOUTH 1f16 CORNER. THE SOUTHWEST CORNER OF THE NW 1/4 OF SW 1f4 OF SAID SECTION 20; THENCE S 89'49'11" E 45.00 FEET TO THE EAST RIGHT OF WAY OF S, LOCUST GROVE ROAD, ALSO BEING THE NORTHWEST CORNER OF SHERBROOK HOLLOWS SUBDIVISION NO. 4,THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE N 00'44'49" E ALONG SAID EAST RIGHT OF WAY 194.95 FEET TO THE SOUTHWEST CORNER OF INGLENOOK SUBDIVISION; THENCE S 89051'08" E ALONG THE SOUTH LINE OF SAID INGLENOOK SUBDIVISION 1049.72 FEET TO A POINT ON THE WESTERLY LINE OF TARAWOOD SUBDIVISION; THENCE S 41 '50'37" E ALONG SAID WESTERLY LINE 263.21 FEET TO A POINT ON THE NORTH LINE OF SAID SHERBROOK HOLOWS SUBD1VISION NO.4; THENCE N 89049'11" W CONTINUING ALONG SAID NORTH LINE 1227.85 FEET TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; THIS SUBDIVISION CONTAINS 5.10 ACRES, MORE OR LESS. Q~~).J t;.,4J~::~~ .W~d~ p: P.l.S.B444 \. ~?~J;.i WAYNE K. BARBER, J- -I t- l I I I "~l-<~ ,/- - ~ y,~ J- = = = ~ I A /~(r [ /' '-" / ~q;o>~f , ! ~ ~o ~~r 1___-1 - L \ /-sl-O ;'~t:,"J'\ I I \ ~(t..'\ , J I 7<<'1"- S L___-j : / // I I y/ /' I :-__-1 ';~-f< j I I .../;>\ \: }- - - --1 V \ \--, I I I f-___ \-<___~ 5 I ;), ! --'( 6:~ji i ~/ " I.______J I I I ~ 1 : [ I I lUll : i : r------1 ffi ~I----r---i- I f::::----=~-~ i __ z --J~ ~ ~: ! ! ! f-------, I J- -e ,.... ~ ;::l r I J : : I i ~ ::; ~ l; ----L---L___L___ i ---m-L J ~--..g--~ '" :}-----It:;>.').~-f'"~~~!'''O'-~''--- [ Ji! L-~-_1~ ~ ~==;===:~ Ifr--T ! ------ j~i! ~ J' ~ i 6 [i lli: I \ I I ,I I.J Q. ~ Z ~ I n:[ \:-_----\ i-------ti ~---~-- I I ---~--: :~: " i ! ! i-' I 0, i IS! \ I r I I I L----6---\ \.\ \ ' -----~ I r-n---1 !"" \ 't' \,~j If - Iii il ! ______ : 1 ~ _~ \ ..-'-~ ~- i t-g-----oo- \ \"1"- r~ L______-j I I- ~ i :1: I l~ \ \\( I : I : I I -IlL____...'" --iffi i I L ---i I 1-------1 r 13 1h la? I I : --- Ii: W i: I ~ !~ i f-- ! ::: ----~_J ;;; r":;:--------.7@: \. ~ t::::=LLL_~( ~"~~=~=_~; - - , - , - . - , - , - , - , - ,!j6~6i 3 .6vil>t.oO N ~ffi .O~'aN 3.M.>>.CO tI _1.-) ~ 0';1'01::1 3^OClO .LSnOOl 'S ~~ W S It lJ.'.-) ~. ~ ~ ~ s: Z ::.:J (ij -: 0:: in ci "l. \J1 3- ~ ,..l o ":t ul 't. o o fi. ro ~ ~ leg - !! !~ ~ "tc ~ ~ ~j~ w fll ~ \;t~ ~ UU ~ J ~ z ~ 0 II W I- - Z~ Oi SA I ~~~ x w e3~rt.1 Z (0 0 ~ ~~J:tl ~ g:.i= ""~j :x w ~ z z {i;( <l; ~ A Z ~ October 21, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 25,2005 ITEM NO, 15 REQUEST Enacting a New Title 7, Chapter 1 t Section 12, Meridian City Code Making it Unlawful to Drive in a Negligent Manner 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~ o~/l Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian, NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05~ ! /96 PROVIDING FOR AN AMENDMENT MERIDIAN CITY NEGLIGENT DRIVING ORDINANCE An Ordinance of the City of Meridian amending Title 7, Chapter 1, Section 12 of the Meridian City Code making it unlawful to drive in a negligent manner. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Av:enu.e, Meridian, Idaho. Thi~\~wainiIt'i;9/71 shall become effective upon the passage and publtcatlOn. ",,\.~~ (jf ME~b/'I/,'l,.. ,f' () ctWOR..q h ~ ...~ g</tv ~ ~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUl\tlMARY OF ORDINANCE NO. 05- 111& The undersigned, William L.M, Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the leBal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- 1 ( t (/l 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 ~ 50-901A (3kb-V DATED this ~ day o~ 2005, ~:N~~ City Attorney NEGLIGENT DRIVING SillvIMAR Y Page 1 of1 CITY OF MERIDIAN ORDINANCE NO. (}5'-!f16 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE ENACTING A NEW TITLE 7, CHAPTER 1, SECTION 12, MERIDIAN CITY CODE MAKING IT UNLAWFUL TO DRIVE IN A NEGLIGENT MANNER; AND PROVIDING FOR A WAIVER OF THE READING RULES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 7, Chapter 1, Section 12, Meridian City Code is hereby enacted to read as follows: 7-1-12 NEGLIGENT DRIVING It shall be unlawful for anv nerson to onerate a motor vehicle in a ne12JiQ:ent manner over and along the hiQ:hwavs streets or alleys of this Citv, For the nuroose of this Section to "operate in a neQ:liQ:ent manner" shall be construed to mean the operation of a motor vehicle in the followim! manner: A. The enQ:aQ:inQ: in anv motor vehicle speed contest or exhibition of speed' and/or B. Excessive unreasonable raoid acceleration of a motor vehicle' and/or C. The oneration of a motor vehicle where the operator has less than full control of the sneed and direction of movement of the vehicle. The collision bv a vehicle with any stationary object shall be prima facie evidence of a violation of this Section, Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members ofthe 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 COUNell- OF THE CITY OF MERIDIAN, IDAHO, this Z 5"" I'~ day of (I) r ~ 6vL.- , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z5-1!: day of tJ vi-!? ~ , 2005. ORDINANCE - NEGLIGENT DRIVING Page 1 of2 ATTEST: ORDINANCE - NEGLIGENT DRIVING Page 2 of2 October 21, 2005 MERIDIAN CITY COUNCil MEETING APPLlCANT October 25,2005 ITEM NO, 16 REQUEST Amending Title 2, Chapter 3, Section 2 of the Meridian City Code Regarding Membership for the Traffic Safety Commission 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 IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: COMMENTS See attached Ordinance llq1 O~/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian, CITY OF MERIDIAN ORDINANCE NO. tJ ~ - ! I q 7 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 2, CHAPTER 3, SECTION 2 OF THE MERIDIAN CITY CODE REGARDING MEMBERSHIP FOR THE TRAFFIC SAFETY COMMISSION; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 2, Chapter 3, Section 2 of the Meridian City Code is amended to read as follows: 2~3-2: MEMBERSHIP AND TERMS OF OFFICE: A. Appointment; Terms: The fIraffic sSafety €~ommission shall consist of.ill2JQ nine (9) members to be appointed by the mMayor with the consent and approval of the ~€~ounciL Members of said commission shall hold office for a period of four (4) years each and said terms shall be staggered in such a manner so that the terms of not more than three (3) members shall expire in anyone year. Three (3) of such members shall hold office for a term of two (2) years, the remainder for four (4) years unless the appointment specifies a shorter term. Thereafter, the term of office for each appointive member shall be four (4) years. B. Membership: Members shall be selected so that there shall a1..a)s remain in for the €.Gommission from the following different interest grouos: one Joint School District No.2 sehael clistriet administrator or deshmee one pt:1slie "arks representati .e City planning representative preferably a Transportation planner, one Ada County flHighway dJ2istrict (ACHD) representative, one.city police department representative, one €.Gity ~ Attornev or Deoutv and four (4) local citizens, The four (4) local citizens should, if possible, represent different areas of Meridian: ~ "Old Town" northwest Meridian (from west of Meridian Road to Black Cat Road and north ofthe interstate to Chinden Boulevard excluding "Old Town"), northeast Meridian (from east of Meridian Road to Eagle Road and north of the interstate to Chinden Boulevard excluding "Old Town"), and south Meridian (to include all city limits south of the interstate), Representatives shall serve on the committee without compensation. (Ord. 04-1076, 5-4-2004) Section 2, 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 TRAFFIC SAFETY COMMISSION MEMBERSHIP Page 1 of2 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 2 ;;.r6. day of I!J c: ./v 6-e r , 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this 2- 5'"-/1:;. day of /JI":-kb../r- , 2005. APPROVED: TRAFFIC SAFETY COMMISSION :MEMBERSHIP Page 2 of2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. t 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- 1(17 PROVIDING FOR AN AMENDMENT MERIDIAN CITY TRAFFIC SAFETY COMMISSION ORDINANCE An Ordinance ofthe City of Meridian amending Title 2, Chapter 3, Section 2 of the Meridian City Code regarding membership for the traffic safety commission, A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho, Thi~\R~diuan~~,shall become effective upon the passage and publication. ",,~~ ~",,/ ~ ~6 ~% ~/6-~9-v ! ~ ~o '\ Mayor ~n.d City Council oft~e City oIM H idiarsEAL ~ By: WIlham G. Berg, Jr., CIty Clerk\ 17. ,Qj~& f First Reading: It? - Z ~ .- t) 5' Kd9 'f.i . r I~i by suspension of the Rule as allm~ed pursuant to Idaho Code 50;;/1/;' UN S \' NO_ Second ReadIng: "l1l1l1llll1\\\ Third Reading: STA TEMENT OF MERIDIAN CITY ATTORNEY AS ~O ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- i I Gl'l The undersigned, William L.M. Nary, City Attorney ofthe 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- 11 CJ'1 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 ~ 50-901A (3). _ I DATED this ~ day of f\h.A1 2005. cJ2J17~ William. L.M. Nary ~ City Attorney TRAFFIC SAFETY COMMISSION MEMBERSHIP SUMMARY Page lofl October 21, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 25, 2005 ITEM NO. 17 REQUEST Executive Session per Idaho State Code 67-2345(1 Hc) to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY C1TY 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: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian, STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY (0 -2tf?-o~ tlh:J {!PMu:dJJh tw1 1445 North Orchard. Boise, Idaho 83706-2239. (208) 373-0550 Dirk Kempthorne, Governor Toni Hardesty, Director KUNA - MERIDIAN 11 :30 a.m. - 1 :30 p.m. Introductions. . . . , , . . , , . . . . , , . . . . . . . . . . , .11:30 - 11:40 a,m. Goals and Objectives, . . . . . . . . . , . . . , . . , . . . .11 :40 - 11 :55 a.m. · This Meeting · Long Term Kuna Planning Activities. . . . . . , . . . . , . . .11:55 a.m, -12:15 p,m. Meridian Planning Activities. . , , . . . . , . . . . . . ,12:15 - 12:35 p.m. Discussion, . . . , . . , . . , . . . . , , . . . . , , . . . . . . , .12:35 -1:15 p.m. Next Steps, . . . , . . . , . , . , . . . . . , . . . . , . . . . . . . .1:15 - 1:30 p.rn, N ~ 0- ~ 'iij :::J t:i~ wca ~~ wE ~~ ~ .~ zw, w.... ~~ C)f!) ~~ I-ca we. ~~ o J: ca :2 ~ >Q ~ ~ 'V:> ~ ~~ ~ ~ ~ ~ ~ i= 0 Cl Cl .5 .5 1) 1) CI) CI) :!E :E ~ ii ::J 1-0 w_ w,e Xc tl)Q) wE uC ZO <C .= 0> Zc wW 1-0 ~c: C)Q) zE _1:: I-ca we. WQ) ::sO o ..c:: ra 32 ~ ~ 'vJ \~ ~~ ~ ~ ~ >Q Jg ~ i= c C) C) c .5 ~ a; CI) CI) :e :E rCtge 1 Ul ~ From: Peggy Gardner Sent: Monday, October 24, 2005 1 :57 PM To: 'Iynda@cityofkuna,com' Cc: Will Berg Subject: RE: Joint City Council Meeting October 25, 2005 Okay, Lynda this is the updated lunch list. I suggest a variety of soda and/or water for those who didn't designate a choice. Shaun Wardle & Bill Nary The Smokehouse Keith Bird & Will Berg Turkey Ranch Wrangler Ted Baird & Anna Canning (diet soda for Anna) The Turkey Classic I no mayo Charlie Rountree & Brad Hawkins Clark The Turkey Classic Tammy de Weerd The Divine Chicken Salad (Water) Christine Donnell Heavenly's Famous Ham Salad Brad Watson Smokehouse (no mayo or mustard!!!!) wI diet cola John Shawcroft The Heavenly Original Len Grady Turkey Bistro wI diet cola Peggy Gardner Administrati ve Assistant to Mayor Tammy de Weerd Phone 888-4433 ~@meridiancity.org From: Peggy Gardner Sent: MondaYI October 24,2005 12:11 PM To: 'Iynda@cityofkuna.com' Subject: RE: Joint City Council Meeting October 25, 2005 Here is the lunch list!! Thanks for taking care of this. Will contacted Faye at DEQ to discuss the other details, It looks like all of the details are taken care oLgood work. Shaun Wardle & Bill Nary The Smokehouse 10/24/2005 rC1M>C ~ UJ. ~ Keith Bird & Will Berg Turkey Ranch Wrangler Ted Baird The Turkey Classic I no mayo Charlie Rountree The Turkey Classic Tammy de Weerd The Divine Chicken Salad Christine Donnell Heavenly's Famous Ham Salad Peggy Gardner Administrative A5sistant to Mayor Tammy de Weerd Phone 888-4433 gardnerp[a)meridiandtv,or2" From: Lynda [mailto:lynda@cityofkuna.com] Sent: Tuesday, October 18, 2005 5:36 PM To: Peggy Gardner Cc: Will Berg Subject~ Joint City Council Meeting October 25, 2005 Peggy - Thanks again for all of your help in making the arrangements for the Joint meeting between our City Councils at the DEQ Offices on October 25, 2005. I have taken your advice and plan to order box lunches from Heavenly Ham, To this end, attached is a link to Heavenly Ham's website showing their sandwich choices, I would appreciate it if you would check with Mayor de Weerd, your City Council and your City Clerk as to their preferences and forward that info to me, I would like to place the order early in the afternoon on Monday, October 24th, Here is the link to the sandwiches: htto://www.heavenlvham.com/Caroorate/CoroProducts.asp? Categorv=BoxLunch Will- Are you planning to record the meeting and, if so, how do you plan to facilitate this? LyndQ BuI"gU$, MMC City Clerk City of Kuna P.O. Box 13 Kuna, ID 83634 208-922-5546 10/24/2005 cU;;;dtdh IDAHO MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 ! fax 895-0390 Parks & Recreation 11 W. Bower Street g88-3579 ! fax 898-5501 Planning 560 E. Watertower Lane :;uite 202 !84-5533 ! fax 888-6844 )olice 401 E. Watertower Lane :88-6678 / 846-7366 'uhlic Works 60 E. Watertower Lane uite 200 98-5500 / fax 898-9551 Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191 ! fax 884-0744 Water 2235 N.W. 8th Street 888-5242 ! fax 884-1159 .\\ i /'" q", rH9D3 NOTRCE OF SPECIAL JOiNT WORKSHOP I MEETiNG MERIDIAN CITY COUNCIL & KUNA CITY COUNCil NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the City Council of the City of Kuna will hold a Special Joint Workshop I Meeting at the Idaho Public Television Conference located at 1445 North Orchard, Boise, Idaho, on Tuesday, October 25, 2005 at 12:00 noon. The Meridian City Council and the Kuna City Council will be discussing planning efforts in and outside of the impact areas, The public is welcome to attend, Men'dian City Council Special Joint Meeting with Kuna City Councl1- October 25, 2005 All materials presented at public meetings shall become the property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact DEQ at 373-0572 at least 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888"4218 CITY ATIORNEY I HR - FAX 884"8723 FINANCE & UTILITY BILLING _ FAX 8874813 MAYOR'S OFFICE _ FAX 884"8119 Printed on recycled paper Rand McNally - (jet a Map Page 1 of2 map results ~::,~gr:;;~:~t239 ~~ exDress maD ~ m:i!!! ~ save I'El email Click on Map to: (i Recenter r Zoom In r Zoom In & Recenter Recenter mao on address tp:/ /www.randmcnally.com/rmc/directions/dirGetMap.j sp?val=large&BV _ SessionID=@@@@19358.., 10/21/2005 C/W'e;;'dicrn MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franldin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 ! 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 ! fax 898-9551 - Building 660 E. Wa tertower Lane Suite 150 887-2211 ! fax 887-1297 . Wastewater 3401 N. Ten Mile Road 888-2191 ! fax 884-0744 , Water 2235 N. W. 8th Street 888-5242 ! fax 884-1159 .,,~. ~I i / cC In'g~~ NOTICE OF SPECIAL JOINT WORKSHOP I MEETING MERIDIAN CITY COUNCil & KUNA CITY COUNCil NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the City Council of the City of Kuna will hold a Special Joint Workshop 1 Meeting at the Idaho Public Television Conference located at 1445 North Orchard, Boise, Idaho, on Tuesday, October 25, 2005 at 12:00 noon. The Meridian City Council and the Kuna City Council will be discussing planning efforts in and outside of the impact areas. The public is welcome to attend. Meridian City Council Special Joint Meeting with Kuna City Council- October 25, 2005 Aff materiafs presented at public meetings shall become the property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact DEQ at 373-0572 at feast 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO A VENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATIORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING _ FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119 Printed on recycled paper Rand McNally - Get a Map Page 1 of2 map results 1445 N Orchard 5t Boise, ID 83706-2239 .. exDress maD ~ 2!!n! I'iiI:lI ~ IE] email Click on Map to: ~ Recenter r Zoom In r Zoom In & Recenter Recenter maD on address http://www.randmcnally.com/rmc/directions/dirGetMap.j sp?val=large&BV ~ SessionID=@@@@19358... 10/21/2005 .. . . . ~ ~ ~ ~ ~ ~ D . ~ . ~ ~ ~ Title City of Kootenai P.O. Box 566 Kootenai, ID 83840- Phone: (208) 265-2431 Fax: (208) 265-0932 County: Bonner Population: 462 Office Hours: NA Council Meetings: First Monday of each Month @ 7 p.m. FT Employees: 0 Name Phone Fax EmaiJ Mayor Couneilmember Councilmember Councilmember Councilmember City Attorney Clerk-Treasurer Margaret Mjelde Drew Cunie Cullen Gatlin, Jr. Kenneth Gors David Sundquist Mason & Stricklin Phyllis Porath (208) 265-2431 (208) 265-243 I (208) 265-243 ] (208) 265-243 I (208) 265-243 J (208) 667-1300 (208) '265-243 1 (208) 265-0932 (208) 265-0932 (208) 265-0932 (208) 265-0932 (208) 265-0932 (208) 667-2817 (208) 265-0932 City of Kuna P.O. Box 13 Kuna, ID 83634- Phone: (208) 922-5546 Fax: (208) 922-5989 County: Ada Population: 8839 Office Hours: M-F, 8 a.m.-5 p.m. Council Meetings: First and Third Tuesdays of each Month @ 7:00 p.m. FT Employees: 2 J Title Name Phone Fax EmaiJ v' Mayor V Councilmember V Councihnember V Councihnember Councilmember Animal Control Officer Billing Specialist Building Inspector. City Clerk-Treasurer City Engineer Clerk/Receptionist Deputy Clerk Deputy Treasurer P &Z Director Planning & Zoning Public Works Director Sewage Plant Supervisor Water Supervisor O. Dean Obray Scott Dowdy Zella Johnson Jeffery Lang Dave Szplett Don Brownfield Bill Jackson Jerry Coulter Colleen Nixon-Cook Tim Burgess Kim Rice Cindy Ranger Khaseta Grigg Melodie Halstead Lisa Bachman James Taylor Leola Vega Janice Yerton (208) 922-5546 (208) 922-5546 (208) 922-5546 (208) 922-5546 (208) 922-5546 (208) 880-6080 (208) 922-5546 . (20.8) 922-5546 (208) 922-5546 (208) 888-4312 (208) 922-5546 (208) 922-5546 (208) 922-5546 (208) 922-5274 (208) 922-5274 (208) 922-3397 (208) 922-3397 (208) 922-3397 -65- (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 888-0323 (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 922-5989 (208) 922-5989 mayor@cityotkuna.com jdowdys@highstream.net zeltext@msn.com jtlang2@msn.com bill@cityofkuna.com col1een@cityofkuna.com tburgess@civilsurvey.net kim@cityotkuna.com cindy@cityofkuna.com khaseta@cityotkuna.com me1odie@cityofkuna.com lisa@cityofkuna.com STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1445 North Orchard. Boise, Idaho 83706-2239. (208) 373-0550 Dirk Kempthorne, Governor Toni Hardesty, Director KUNA - MERIDIAN 11 :30 a.m. - 1 :30 p.m. Introductions . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 :30 - 11 :40 a.m. Goals and Objectives. . . . . . . . . . . . . . . . . . . . . .11:40 - 11:55 a.m. · This Meeting · Long Term Kuna Planning Activities. . . . . . . . . . . . . . .11:55 a.m. - 12:15 p.m. Meridian Planning Activities. . . . . . . . . . . . . . . .12: 15 - 12:35 p.m. Discussion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12:35 - 1 :15 p.m. Next Steps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1:15 - 1 :30 p.m. STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1445 North Orchard. Boise, Idaho 83706-2239 . (208) 373-0550 Dirk Kempthorne, Governor Toni Hardesty, Director KUNA - MERIDIAN 11 :30 a.m. - 1 :30 p.m. Introductions . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 :30 - 11 :40 a.m. Goals and Objectives. .................... .11:40-11:55 a.m. · This Meeting · Long Term Kuna Plarming Activities. . . . . . . . . . . . . . .11:55 a.m. - 12:15 p.m. Meridian Planning Activities. . . . . . . . . . . . . . . .12: 15 - 12:35 p.m. Discussion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12:35 - 1:15 p.m. Next Steps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1: 15 - 1 :30 p.m. Stale of Idaho DEPARTMENT OF ENVIRONMENTAL QUAl/TY 1415 North Orchard BOIse, Idaho 83706 Tel; (208) 373-0550 Fax; (208) 373-0287 Michael R. McGown E-maIl: mmcgOWO@deq-idaho,gov Administrator Boise Regional Office CITY OF KUNA 231 N. Kay Ave.. PO Box 13 Kuna, ill 83634 ~:, . .- ~..." .#' LYNDA BURGESS, MMC City Clerk Phone: (208) 922-5546 (208) 922-5989 :Fax Email;lynda@cityofkuna.com ** TX CONFIRI....ION REPORT ** AS OF OCT 21 'e~ .1.7:34 PAGE. 131 CITY OF MERIDIAN DATE TI ME TO/FROM MODE M I N/SEC PGS CMDI:t STATUS 131 10/21 17: 19 LAKEVIEW GOLFCOU G3--S 1313'44" 0131 246 OK 02 113/21 17:21 POST OFFICE EC--S 1313'41" 1301 246 OK 133 10/21 17:22 IDAHO ATHLETIC C EC--S 00'28" 0131 246 OK 04 113/21 17:23 ID PRESS TRIBUNE EC--S 013'28" 001 246 OK 135 10/21 17:24 20888867131 EC--S 00'28" 001 246 OK 06 10/21 17:34 PUBLIC WORKS ----S 00'130" 0013 246 BUSY -----------------------------~~~=-~~=~~~~~-~=_:~~==-~~-~~~~~~------------------------------- ?rL\~ P'D'i-t frv.7f.J.hu'c !lofi&. -7hMtfc.s./ otre;;:ha-n 0.\ lliLIC \Q lI)AHO J ~ 11AY,m "lJtnmy de W~<,rd ern' COUNCIL 1v.l~M.llliR~ Keith Bird Christine l)ol1nell Charles M. l~ountree ShSLJn W=:lle CITY DSPARTMliNTS Fire 540 c. f'nU1kJin Ilo<ld 1l1l8-1234 I fax 895.039CJ Pad,s & Rec"ciJtion f1 W. !:lower Slreet' RIlIl-3579 I [<IX 898-5501 l'Janning 660 E. Wnte,'fowel' Lane Suite 202 884-5533 I {a x 888-5844 Police 1401 E. Willerlowcr w.ne 888.6678 I B46.7366 Pubhl; Work~ 660 E. Wate<tower t'Jne Suit" 200 898-5500 I fax 891l-9551 - Bulldi'1g 660 E. Waterlowcr Lilne SuHe 150 BS7.2211 I fa;..: R87-\297 .. Wastewater 3401 N. Ten Mile Road 888-2191 liax 8114-0744 - Waler 2235 N.W, 8lh Street 8R8-5242 I fax 8B4-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian wHl hold a Pre-Councif Meeting at City Council Chambers, Meridian City HaJj, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, October 25, 2005 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: Discussion Concerning School/Park Property with Wendell Bigham from MeridIan School District Discussion Concerning Elementary School Process with Wendell Bigham from Meridian School District The PUblic is welcome to attend the meeting. DATED this 21st day of October, 2005. J!~A Cny BALL 33 EAS'f IDAHO A VENUE MERIDIAN, If)AHO 83642 (208) 888-4433 en v CLBJU::- I'I\X S5$-'J21~ CITY ATrOHNEY /!i(( -l'^X~~-8723 FINANCE &: U71IJTYS[LUNC FAX SS7-'~13 MAYOR'S OFFICI;, FIIX 8Sol-R1N Printed nn 'l"cq-cJ~d p;'lp~ Meridian City Pf8.Councll Meeting Agenda - October 25, 2005 Page 1 of 1 All materials presented at public meetings shalJ become property of the City of MerIdian, Anyone desIring accommodatiol'l for dIsabilities related to documents andfor hearJl'lgs, please contact the City Clerk's Office at BBM433 at teast 48 hours prior to tile pUblic meeting. Pl eu S~ POSt Per 'P tA~1 Ie N d/1 Cc..- -l{AOiHLS \, \, CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 25, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 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: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of August 30, 2005 City Council Special Meeting / Joint Workshop: B. Approve Minutes of October 4,2005 City Council Regular Meeting: C. Amended Findings of Fact and Conclusions of Law for Approval: AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-B zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: D. Amended Findings of Fact and Conclusions of Law for Approval: PP 05-030 Request for Preliminary Plat approval of 24 residential building lots and 4 common area lots on 5.10 acres in a proposed R-B zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: E. Amended Findings of Fact and Conclusions of Law for Approval: VAR 05-018 Request for a Variance to reduce the street side setback to 10 feet for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Meridian City Council Agenda - October 25, 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. DATE TIME TO/FROM 11 10/21 16: 13 8848723 13 10/21 16: 17 8841159 14 10/21 16' 18 2088840744 15 10/21 16:20 POLlCE DEPT 16 10/21 16: 21 8985501 17 10/21 16' 22 Ll BRARY 18 10/21 16'24 92083776449 19 10/21 16:26 3886924 20 10/21 16:27 P-AND-Z 21 10/21 16:29 FIRE DEPT 22 10/21 16' 30 128300040 23 10/21 16' 32 208 387 6393 24 10/21 16:33 ADA CTY DEIJELMT 25 10/21 16' 35 2888885052 26 10/21 16'37 LAl<EIJIEW GOLFCOU 27 18/21 16:39 IDAHO ATHLETIC C 28 10/21 16:41 10 PRESS TRIBUNE 29 10/21 16:42 2088886701 .0 PAGE. 01 CITY OF MERIDIAN MODE M I N/SEC PG5 EC--S 01'03" 003 EC--S 00'59" 003 EC--S 1'11' 00" 01'13 EC--5 00'58" 003 EC--S 80'58" 003 EC--S 1'11'26" 003 EC--5 Be' 58" 003 EC--s 00' 58" 003 EC--S 00'58" 003 EC--S 00'58" 003 83--S 1'11' 15" 003 EC--S 00'58" 003 EC--s 00' 58" 003 EC--S 00'59" 003 G3--S 01'53" 0El3 EC--S 00'58" 003 EC--S 00'59" 003 EC--S 00'58" 003 CMDll STATUS 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK 239 OK ---.......------------------------------.....-----.........-----.....-----------------------~----------------- l/lrU~( rUSt tcr Vu..bl ie.. NotlCc.-.- Il^MUUi"\, CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TueSday, October 25, 2005 at 7;00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: Shaun Wardle ~ Christine Donnell - Charlie Rountree Kei1h Bird - - MayorThriimy de Weerd 2. Pladge of Allegiance: 4. Adoption ofthe Agenda: 3. Community Invocation by Joe Anderson, with Cole Community Church: 5. Consent Agenda: A. Approve Minutes of August 30,2005 City Council Special Meeting I Joint Workshop: B. Approve Minutes of October 4, 2005 City Council Regular Meeting: C. Amended Findings of Fact and Conclusions of Law for Approval: AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Becki! Development, fnc. - 2770 South Locust Grove Road: D. Amended Findings of Fact and Conclusions of Law for Approval: pp 05-030 Request for Preliminary Plat approval of 24 residential building lots and 4 common area lots on 5.10 acres in a proposed R-8 zone for Windwalker Subdivision by Beck;t Development, Inc. - 2770 South Locust Grove Road: E. Amended Findings of "'act and Conclusions of Law for Approval: VAR 05-018 Request for a Variance to reduce the street side setback to 10 feet for Windwalker SUbdiVision by Beckit Development, Inc. - 2770 South LOcust Grove Road: Meridian City Council Agenda - Ocrober 25, 2005 Page 1 of 3 All materials presented at pUblic meetings Shall become property of the City of Meridian. Anyone deSiring accommodation for disabllilies related !o dOcuments and/or hearings. please contact the City Clerk's Office at 888-4433 at least 48 hours prior fo the pUblic meeting. ** TX CONF I RMATl ON REPORT ** ( AS OF OCT 21 '05 16: 48 PAGE. 01 CITY OF MERIDIAN DATE Tl ME TO/FROM MODE M I N/SEC PGS CMDtI STATUS ----~~---~~~:~-~~~~~-~~~=~:_~~~~:_--------_::==:_--~~~~:~-~~:_---_:::_---~~----------------- YltU~( 1~OSt 11r Vu..bll(. NGt1CC-- lV\o.V1[U\I, CITY OF MERIDIAN CITY COUNCJL REGULAR MEETING AGENDA Tuesday, October 25, 2005 at 7:00 p.m. City Council Chambers 33 East Jdaho Avenue, Meridian, Idaho 1. RoH~ca" Attendance: Shaun Wardle _ Christine Donnell - Charlie Rountree Keith Bird - - MayorThriimy 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. Approve Minutes of August 30,2005 City Council Special Meeting / Joint Workshop: B. Approve Minutes of October 4, 2005 City Council Regular Meeting: C. Amended Findings of Fact and Conclusions of Law for Approval; AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-B zone for Windwalker Subdivision by Beckit Devefopment, Inc. - 2770 South Locust Grove Road: D. Amended Findings of Fact and Conclusions of Law for Approval: pp 05~030 Request for Preliminary Plat approval of 24 residential building Jots and 4 common area lots on 5.10 acres in a proposed R.8 zone for WindwaJker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: E. Amended Findings of Fact and Concfusions of Law for Approval: VAR 05-018 Request for a Variance to reduce the street side setback to 10 feet for WindwaJker Subdivision by Beckit Development. Inc. - 2770 South Locust Grove Road: Meridian Cily Council Agenda - October 25, 2005 Page 1 of 3 All materials presented at pUblic meetings shall become property of the City of Meridian. Anyone desJring accommodation for disab!Jities related to documents and/or hearings, please contact the Cily Clerk's Office at 888-4433 at least 48 hours prior to tile public meeting. 8. Pretermination Hearina for Rvan Wixson at 4343 East Enolish: 9. Reconsideration of Findings of Fact and Conclusions of Law for Approval: CUP 05-040 Request for a Conditional Use Permit to modify the Conditions of Approval for CUP 03-050, in order to allow the existing building at 703 North Main Street to remain and to allow a public use in the 0- T zone for Farmers and Merchants State Bank by Farmers and Merchants State Bank - 703 North Main Street: 10. FP 05-062: Request for Final Plat approval for 12 commercial building lots and 2 common area lots on 4.65 acres in an L-O zone for Paramount Villaae Center Subdivision (fka Julie Subdivision) by Engineering Northwest, LLC - east of North Linder Road and north of McMillan Road: 11. TE 05-009: Request for approval of a second one-year time extension to commence work on the approved conditional use permit for Finish Line Automotive by Lee Kallenberger - NEe of West Franklin Road and North West 10th Street: 12. Public Hearing: MI 05-011 Request to remove the approved development agreement for The Plavaround. Inc. by Ronald Van Auker _ 1822 East Overland Road: 13. Public Hearing: RP 05-003 Request to split one parcel into two parcels for Linda Yanke by Linda Yanke - north of West Franklin Road and east of Linder Road: 14. Amendment to Ordinance No. 05-1192 : AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Approve 15. Ordinance No. Enacting a New Title 7, Chapter 1, Section 12, Meridian City Code Making It Unlawful to Drive in a Nealiaent Manner: 16. Ordinance No. : Amending Title 2, Chapter 3, Section 2 of the Meridian City Code Regarding Membership for the Traffic Safety Commission: 17. Executive Session per Idaho State Code 67-2345(1)(c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Agenda - October 25, 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Sha un Wardle CITY DEPARTMENTS Fire 540 K Franklin Road 888-1234 ! fax 895-0390 Parks & Recreation 1I W. Bower Street 888-3579 ! fax 898-5501 Planning 560 E. Watertower Lane 3uite 202 ~84-5533 ! fax 888-6844 JoIice 401 E. Watertower Lane .88-6678 / 846.7366 'ubIic Works 60 E. Watertower Lane uite 200 ~8-5500 ! fax 898-9551 Building 660 E. Watertower Lane Suite 150 887-2211 ! fax 887-1297 Wastewater 3401 N. Ten Mlle Road ~88-2191 ! fax 884-0744 /Vater ~235 N.W. 8th Street :88-5242 ! fax 884-1159 NOTICE OF SPECIAL MERIDIAN CITY COUNCil & KUNA CITY COUNCil NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the City Council of the City of Kuna will hold a Special Joint Workshop I Meeting at the Idaho Public Television Conference located at 1445 North Orchard, Boise, Idaho, on Tuesday, October 25, 2005 at 12:00 noon. The Meridian City Council and the Kuna City Council will be discussing planning efforts in and outside of the impact areas. The public is welcome to attend. Meridian City Council Speciaf Joint Meeting with Kuna City Council- October 25, 2005 AfI materials presented at PUblic meetings shall become the property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact DEQ at 373-0572 at least 48 hours prior to the public meeting. CITY lULL 33 EAST IDAHO A VENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY AITORNEY I HR - FAX 884-8723 FINANCE & UTILITY BILLING _ FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119 Printed On recycled lJanPr Rand McNally - Get a Map Page 1 of2 map results 1445 N Orchard St Boise, ID 83705-2239 *. express maD ~ IDi!:!! ~ ~ B email Click on Map to: (i' Recenter r Zoom In r Zoom In & Recenter Recenter man on ~ p:1 Iwww.randmcnally.comlrmc/directions/dirGetMap.j sp?val=large&BV _ SessionID=@@@@ 193 58... 10/21/2005 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shann Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 ! fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 ! fax 888-6844 Police 1401 E. Watertower Lane 888-6678 ! 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 - Wastewater 3401 N. Ten Mile Road 888-2191 ! fax 884-0744 . Water 2235 N. W. 8th Street 888-5242 ! fax 884-1159 NOTICE OF SPECIAL JOINT WORKSHOP I MEETING MERIDIAN CITY COUNCil & KUNA CITY COUNCil NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the City Council of the City of Kuna will hold a Special Joint Workshop 1 Meeting at the Idaho Public Television Conference located at 1445 North Orchard, Boise, Idaho, on Tuesday, October 25,2005 at 12:00 noon. The Meridian City Council and the Kuna City Council will be discussing planning efforts in and outside of the impact areas. The public is welcome to attend. Meridian City Councif Special Joint Meeting with Kuna City Counci/- October 25, 2005 AfI materials presented at public meetings shalf become the property of the City of Meridian. Anyone desiring accommodation for disabifities refated to documents and / or hearings, please contact DEQ at 373-0572 at least 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CrTY ATTORNEY / HR ~ FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119 Printed on recyded paper .~:'{j C/W'e;idi:1 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell CharIes M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888.1234 ! fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 ! fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 ! fax 888-6844 Police 1401 E. Watertower Lane 888-6678 ! 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 - Wastewater 3401 N. Ten Mile Road 888-2191 ! fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 ! fax 884-1159 NOTICE OF PRE-COUNCil MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, October 25,2005 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: Discussion Concerning School/Park Property with Wendell Bigham from Meridian School District Discussion Concerning Elementary School Process with Wendell Bigham from Meridian School District The public is welcome to attend the meeting. DATED this 21st day of October, 2005. .J!~p Meridian City Pre-Council Meeting Agenda - October 25, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours priorto the public meeting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888.4218 CITY ATTORNEY / HR- FAX 884-8723 FINANCE & UTILITY BILLING - PAX 887-4813 MAYOR'S OFFICE - FAX 884.8119 Printed on recycled paper F. Contract for the Support Services for ExistinQ Model Update with JUB Enaineers. Inc.: G. Sewer Collection Svstem Maintenance Proaram Peer Review with CH2M HILL. Inc.: H. Chanae Order NO.1 for the McMillan Water Extension Proiect with Masco. Inc.: Sanitarv Sewer and Water Main Easement Aareement for Jackson's Food Store: J. Aareement for Professional Services for Miscellaneous NPDES Permit Assistance with CH2Mhill: K. FY2006 Budaet Amendment for Buildino Department for Full Time Deoartment Soecialist: L. Award of Bid for Well 26 & 27 Control Svstem Installation to Custom Electric: M. Power Easement for Well No. 26: 6. Department Reports: A. Parks Department - Doug Strong 1. Further Discussion of Land and Water Conservation Fund orant for Solashoad at Meridian Settler's Park from October 4,2005: B. Planning Department: Steve Siddoway 1. Discussion of Meridian's Transportation Task Force Priority List and Recommendations: C. City Attorney - Bill Nary 1. Land Fill Recommendation by SWAC: 7. Items Moved from Consent Agenda: "Although the City of Meridian no longer requires sworn testimony, al/ presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. U Meridian City Council Agenda - October 25, 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Exhibit A Task Order Sewer Collection System Maintenance Program Peer Review City of Meridian This Task Order between the City of Meridian (City) and CH2M HILL, We. is pursuant to the terms and conditions set forth under a Miscellaneous Engineering Services Agreement executed between the parties on July 16th, 1993. CH2M HILL (Consultant) shall provide the following services, as described herein, related to providing a peer review of the City's existing Sanitary Sewer System Cleaning and Maintenance Program. This work is broken into two distinct parts - (Task 1) evaluation and recommendations relative to the existing sewer collection system cleaning and maintenance program, procedures and processes; and (Task 2) evaluation and recommendations relative to the existing collection system related computer software and processes (GIS systems, mapping, sewer collection maintenance data, etc...). The budget for these services is presented in Exhibit B on a per-task basis. These per-task budgets were developed to establish the level of effort for each task as well as to establish the overall project budget. Task 1. Sewer Maintenance Program Peer Review The Consultant will employ a sub consultant with extensive expertise on the subject of sanitary sewer operation and maintenance, Mr. Victor Coles of Municipal Services Company, to assist with work related to this task. Mr. Coles will provide assistance on all subtasks with special emphasis on pre-interview checklist development, review of current activities and the development of final conclusions and recommendations. 1.1 Existing Program Definition The purpose of this subtask is to investigate and define the City's existing sewer system cleaning and maintenance program to allow it to be reviewed, compared and commented on relative to industry and area standards in later subtasks. Consultant will endeavor to gain a comprehensive understanding of the City's sewer maintenance program, processes and procedures (written and unwritten) in order to make an accurate peer comparison possible. 111e Consultant will perform the scope of work as generally described below to document the existing program and the City will provide timely access to appropriate City Staff and systems. Consultant will interview City Staff relative to their existing sewer collection system cleaning and maintenance program. To aid in the interview process, a pre-interview checklist will be developed based on published literature and the Consultant's (and their subconsultant's) experience in this area. TI1e followll1g is a preliminary list of discussion items that are anticipated to be part of the pre-interview checklist and this discussion items during the City interview process. · Manhole and Line condition assessment - frequency {method{ documentation and resulting action · CCTV inspections - frequency, interpretation and documentation · Line cleanmg - method{ frequency! prioritization · SSO frequency and associated procedures · 1/1 - monitoring, logging and corrective actions/procedures · Blockage/Odor identification and corrective actions/procedures · Contractor usage - on-call, predetermined frequency/program, City/Contractor work split determination and past expenditure totals · Maintenance activity logging · System rehabilitation - identification, priority setting, method and general process · City Staff - number, assignments and duties · City Staff Training - frequency, content and method · Equipment Ownership and Usage- CCTV, hydrojet, root cutter, vactor truck, etc... · New Construction Inspection/Approval process · Public Involvement - work notice,lateral issues, etc... · Pretreatment Program · Overall Program Documentation - program continuation ease (employee turn-over) Oeliverables A memorandum will be prepared that summarizes the Consultant's findings. This memorandum will be shared with the City in draft form for review and comment to ensure that the Consultant accurately understands the City's existing programs and systems. Assumptions · The City will provide a copy of all documented sewer clearung programs, processes and procedures for Consultant review prior to interviews. · Consultant will prepare and present a pre-interview checklist to the City · No more than two interviews of City Staff will be necessary to complete this subtask. · All appropriate City staff will attend the interviews. · All information required to complete this subtask will be available in a timely manner. 1.2 Peer Review The purpose of this subtask is to investigate and document what the City's peers are doing with their sewer system cleaning and maintenance programs. This subtask will be broken into tvvo distinct parts - (1) an industry literature review; and (2) a local peer program review. The Consultant will perform the scope of work for this subtask as generally described below. LiteratureNendor Review Consultant will perform a literature review to determine and document industry standard procedures, processes and trends relative to sewer cleaning and maintenance. Literature will be focused primarily on EP A guidance documents and wastewater organizational publications (WEF, PNCWA, etc.. .). Local Peer Program Review Consultant will perform abbreviated interviews with local/regional municipalities to determine and quantify differences with the City's Sewer Maintenance Program. ll1is peer review exercise will focus on Municipalities and Sewerage Agencies in EPA's Region 10 that are either (1) along the Idaho 1-84 corridor and/ or (2) of similar size and climate as the City of Meridian. The number and identity of those involved in the peer review is variable depending on responsiveness. Initial targets for peer review are the City of Boise, Nampa, Caldwell, Twin Falls and Pocatello as well as the Northwest Boise Sewer District. Deliverables A memorandum will be prepared that summarizes the Consultant's findings from this Subtask. This memo will be shared with the City in draft form for review and comment. Assumptions · This subtask will be limited to a minimum of three and a maximum of five peers that will be interviewed depending on the time required to gather information. 1.3 Recommendations The purpose of this subtask is to review the findings from the previous subtasks and make recommendations (if any) to the City of Meridian for potential improvements to their Sewer Maintenance Program. Consultant will develop recommendations for not only the present, but general recommendations for future improvements as well. Consultant shall prepare a draft recommendation memorandum as part of this sub task, present it to the City during one four hour meeting and will revise it to incorporate City review comments before finalizing. One additional 4 hour meeting is assumed after the presentation to discuss and refine the recommendations. DeHverables Consultant shall prepare six copies of the final version of all three memorandums prepared as a result of this and the previous subtasks, prepare an executive summary and bind together for distribution within the City. Assumptions · Review and comment on the City's safety program and procedures is not included in this scope of work. · Program review will be focused on the sewer cleaning and maintenance program only. This activity is not to be considered or intended to be a pre-CMOM audit. Task 2. GIS & Software Peer Review 2.1 Existing Program Definition The purpose of this subtask is to investigate and define the City's existing sewer collections system computer software, its present usage and capabilities to allow it to be reviewed, compared and co:mmented on relative to industry and area standards in later subtasks. The Consultant will perform the scope of work as generally described below to document the existing systems and the City will provide timely access to appropriate City Staff and systems. Consultant will interview City Staff relative to their existing sewer collection system related computer software usage, processes and future plans. Specific attention will be paid to the City's existing maintenance and condition assessment management software, collections system modeling software, GIS software and the application and the interconnection of each. The purpose of this activity is to gain a comprehensive understanding of the City's existing software, systems and capabilities in order to make an accurate peer comparison possible. Deliverables A memorandum will be prepared that summarizes the Consultant's findings. TI1is memorandum will be shared with the City in draft form for review and co:mment to ensure that the Consultant accurately rmderstands the City's existing programs and systems. Assumptions · No more than two interviews of City Staff will be necessary to complete this subtask. · All appropriate City staff will attend the interviews. · All information required to complete this subtask will be available in a timely manner. 2.2 Peer Review The purpose of this subtask is to investigate and document what the City's peers are using for their sewer system software and GIS needs. This subtask will be broken into two distinct parts - (1) an industry literature review; and (2) a local peer review. The Consultant will perform the scope of work as generally described below. LiteratureNendor Review Consultant will perform a literature review to determine and document industry standard procedures, processes and trends relative to sewer computer software applications and usage. Literature review relative to computer software applications and trends will be focused on wastewater organizational publications (WEF, PNCWA, etc...) and software vendor literature/ correspondence and references. Local Peer Program Review Consultant will perform abbreviated interviews with local and regional municipalities to determine and quantify differences with the City of Meridian's Sewer Collection System Software usage. This peer review exercise will focus on Mw.1icipalities and Sewerage Agencies in EP A's Region 10 that are either (1) along the Idaho 1-84 corridor and/ or (2) of similar size and climate as the City of Meridian. The number and identity of those participating in the peer review is variable depending on responsiveness. Initial targets for peer review include the City of Boise, Nampa, Caldwell, Twin Falls and Pocatello as well as the Northwest Boise Sewer District. Deliverables A memorandum will be prepared that sununarizes the Consultant's findings from this Peer Review Subtask. This memorandum will be shared with the City in draft form for review and conunent. Assumptions · This subtask will be limited to a minimum of three and a maximum of five peers that will be interviewed depending on the time required to gather the applicable information. 2.3 Recommendations The purpose of this subtask is to review the findings from the previous subtasks and make reconunendations (if any) to the City of Meridian for potential improvements. Consultant will develop reconunendations for not only the present, but general recommendations for future improvements as well. Reconunendations will cover potential GIS/software applications and general usage refinements. Order of magnitude costs for implementing the reconunended improvements will be generated. Consultant shall prepare a draft reconunendation memorandum as part of this subtask, present it to the City during one four hour meeting and will revise it to incorporate City review conunents before finalizing. One additional 4 hour meeting is assumed after the presentation to discuss and refine the reconunendations. Oeliverables Consultant shall prepare six copies of the final version of all three memorandums prepared as a result of this and the previous subtasks, prepare an executive summary and bind together for distribution within the City. Project Management and Meetings Consultant shall set up internal acconnting files and project numbers. Consultant's project manager shall coorclinate and review work activities of the project team. Consultant shall prepare and submit invoices to the City on a monthly basis. Consultant shall accompany invoice with a brief status. report of one-page or less. The work described herein will be managed and billed on a time and materials basis with a not-to-exceed amount of $35,500 as enumerated in Exhibit B for Tasks 1 and 2. CLIENT- Date f-\pprv\!li) b y c.kJ ~~) ~J Signature ~\ 6-- S\c.~e- \ Name (printed) -i'", ~\r:es.s bfDlAf W ~ ~~ TItle "6 \. 10 Ire, Joe:;- Date I CH2M HILL, INC: Exhibit B .. Payment Task Order Sewer Collection System Maintenance Program Peer Review City of Meridian October 2005 Task Task Total 1 - Maintenance Program Peer Review 2 - GIS & Software Peer Review TOTAL $23,200 $12,300 $35,500 rJij'B 11 J-U-B ENGINEERS, Inc. ~ 250 S. Beechwood Avenue, Suite 201 iii Boise, Idaho 83709-0944 CD Telephone (208) 376-7330 . FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - No.3 CLIENT: PROJECT NAME: J-U-B Project Number: City of Meridian Misc. Wastewater Proiects 10-05-025 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, dated Feb. 15 2005 J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: ~ Name ~ 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: Increase budaet amount to $30 000 Dated this 2'S#J day of t:c+obe!l , 200~. City of Meridian Print or Type Client Name J-U-B ENGINEERS, Inc. By: H2 HILL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CH2M HILL's Office Address: 322 E. Front Street, Suite 200, Boise, ID 83702 Project Name: Miscellaneous NPDES Permit Assistance CH2M HILL Project: To be determined Client: Meridian Idaho, City of Address: 33 East Idaho Avenue, Meridian, Idaho 83642 CLIENT requests and authorizes CH2M HILL to perform the following services: ~ Provide professional engineering services and miscellaneous assistance to the City of Meridian, Idaho regarding the City's NPDES permit for their wastewater treatment plant. a!l!U1I'I:.Jlh"'t<l~ by CLIENT to CH2M HILL wilf be on the basis of: time and materials not to exceed $25,000 unless an amendment to this Agreement is executed by both parties. .'Il~.:.Jfllh_ Services covered by this AGREEMENT will be performed in accordance with the Provisions and any attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. FORM124 REVISED: 7/97 1. Authorization to Proceed Execution of this AGREEMENT by CLIENT will be authorization for CH2M HILL to proceed with the services, unless otherwise provided for in this AGREEMENT. 2. Salary Costs CH2M HILL's Salal)' Costs, when the basis of compensation, are the amount of wages or salaries paid CH2M HILL employees for work directly performed on the Project plus a percentage applied to all such wages or salaries to cover all payroll-related taxes, payments, premiums, and benefits. 3. Per Diem Rates CH2M HILL's Per Diem Rates, when the basis of compensation, are those hourly or daily rates charged for work performed on the Project by CH2M HILL employees of the indicated classifications. These rates are contained in the COMPENSATION section on page 1 and are subject to annual calendar year adjustments. 4. AffiJiated Companies Work performed under this AGREEMENT may be performed using labor from affiliated companies of ENGINEER. Such labor wiIJ be billed to OWNER under the same billing terms applicable to ENGINEER's employees. 5. Subcontracts and Direct Expenses When SERVICES are performed on a cost reimbursement basis, a markup of zero percent will be applied to subcontracts and outside services and a markup of zero percent will be applied to Direct Expenses. For purposes of this AGREEMENT, Direct Expenses are defined to include those necessary costs and charges incurred for the Project including, but not limited to: (1) the direct costs of transportation, meals, lodging, mail, Shipping, equipment and supplies; (2) CH2M HILL's current standard rate charges for direct use of CH2M HILL's vehicles, laboratory test and analysis, prinling and reproduction services, and certain field equipment; and (3) CH2M HILL's standard project charges for com puling systems, special health and safety requirements of OSHA, and telecommunications services. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to CH2M HILL's compensation when invoicing CLIENT. 6. Cost Opinions Any cost opinions or Project economic evaluations provided by CH2M HILL will be on a basis of experience and judgment, but, since CH2M HILL has no control over market conditions or bidding procedures, CH2M HILL cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. 7. Standard of Care The standard of care applicable to CH2M HILL's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time CH2M HILL's services are performed. CH2M HILL will reperform any services not meeting this standard without additional com pensation. 8. Termination This AGREEMENT may be terminated for convenience on 30 days' written notice or if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. O!1)ermination, CH2M HILL will be paid for all authorized work pertotnied up to the termination date plus termination expenses, such as, but.not limited to, reassignment of personnel, subcontract termination Costs, and related closeout costs. 9. Payment to CH2M HILL Monthly invoices will be issued by CH2M HILL for alt Services performed under this AGREEMENT. CLIENT shall pay each invoice within 30 days. Interest at a rate of 1-1/2 percent per month will be charged on all past-dUe amounts. In the event of a disputed billing, only that disputed portion will be withheld from payment, and the undisputed portion will be paid. FORM124 REVISED: 7/97 PROVISIONS CLIENT will exercise reasonableness in disputing any bill or portion thereof. No interest will accrue on any disputed portion of the biJling unlil mutually resolved. 10. Limitation of Liability CH2M HILL's liability for CLIENT's damages will, in the aggregate, not exceed the agreement amount. This Provision takes precedence over any conflicting Provision of this AGREEMENT or any document incorporated into it or referenced by it. This limitation of liability will apply whether CH2M HILL's liability arises under breach of contract or warranty; tort, including negligence; strict liability; statutoI)' liability; or any other cause of action, and shall include CH2M HILL's officers, affiliated corporations, employees, and subcontractors. 11. Severability and Survival If any of the provisions contained in this AGREEMENT are held megal, invalid or unenforceable, the other provisions shall remain in full effect. Limitations of liability shall survive termination of this AGREEMENT for any cause. 12. No Third Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than CLIENT and CH2M HILL and has no third party beneficiaries except as provided in paragraph 10. 13. Materials and Samples Any items, substances, materials, or samples removed from the Project site for testing, analysis, or other evaluation will be returned to the Project site unless agreed to otherwise. CLIENT recognizes and agrees that CH2M HILL is acting as a bailee and at no time assumes tiUe to said items, substances, materials, or samples. CLIENT recognizes that CH2M HILL assumes no risk and/or liability for a waste or hazardous waste site originated by other than CH2M HILL. 14. Assignments Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this AGREEMENT, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. 15. Integration This AGREEMENT incorporates all previous communications and negotiations and constitutes the entire agreement of the parties. If CLIENT Issues a Purchase Order in conjunction with performance of the Services, general or standard terms and conditions on the Purchase Order do not apply to this AGREEMENT. 16. Force Majeure If performance of the Services is affected by causes beyond CH2M HILL's reasonable control, project schedule and compensation shall be equitably adjusted. 17. Dispute Resolution The parties will use their best efforts to resolve amicably any dispute, including use of alternative dispute resolution options. 18. Changes Client may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CH2M HILL's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. ADA COUNTY RECORDER ,!"~VID NAVARRO BOISE IDAHO 11/03/05 01~ . 'M DEPUTY Vicki Allen RECORDED-REQUEST OF Meri d i an City AMOUNT .00 IllllIlllIllIllIllIlllIlIlIllllllllll 1 ~J51 t.E.E.ll SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this f),7 day 0~~O~between~A<o/l5~)-j St.:k5,7,/ 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 sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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 Sanitary Sewer and Water Main Easement EASMT.S& W.doc Page 1 ~. r::: any permanent structures, trees, brush, or peremual 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 do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, 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 WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR:~.dw)/LS ~..:t Store~~c.. GRANTEE: CITY OF MERIDIAN: If /;;;.fo c;- Date I !LJft1 a (/awe Approved By City Council On: /o-;z~- V!? Date STATE OF IDAHO ) ) ss County of Ada ) On this ~ day of ,C;ejP1- , 20t15', before me, the undersigned, a Notary Public in and for said State, personally appeared :Ti;,. r:K .AR'(I; <; and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. a~~ NOTARY PUBLIC FOR IDAHO Residing at ChIrr (' ~fh L-/ Commission Expires: vv ;J:~ J>-It? Page 2 P"rYO ;) nf 5 STATE OF IDAHO, ) : ss. County of Ada ) On this~day of Uc. +O~ , 2005, 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, J have hereunto set my hand and affixed my official seal the day and year first above written. ....NR;it;~. (SEAL) if' 't~j..~.. i . \ ': . I . III \\ i; . " I .. Sf/a/) rr; J!n{~ NOTARY PUBLIC FOR IDAHO RESIDING AT: -777..e t h....{ Jc.(. MY COMMISSION EXPIRES: IC"/5' -/ I f.Jage~oQ. B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Rd. Boise, ID 83705 Telephone 208-343-3381 Facsimile 208-342-5792 Land Description City of Meridian Water Service and Fire Hydrant Easement Jacksons Eagle Road and Pine Avenue 23 September 2005 A parcel of land situate in the northwest quarter of the southwest quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the west quarter corner of said Section 9; thence N89010'44"E, 307.80 feet along the east-west centerline of said Section 9; thence S00049'16"E, 50.00 feet to the southerly right~of-way of Pine Avenue; thence 589010'44"W, 97.50 feet along a the southerly right-of-way of Pine Avenue to the Point of Beginning: Thence SOoo49'16"E, 10.00 feet; Thence S89010'44"W, 20.00 feet along a line parallel to the southerly right-af-way of Pine Avenue; Thence NOoo49'16"W, 10.00 feet to the southerly right-of-way of Pine Avenue: Thence N89010'44"E, 20.00 feet along the southerly right-of-way of Pine Avenue to the Point of Beginning. Comprising 200 square feet, more or less. EXHIBIT A 1 5 P~Q'p. f:t~~.JO~ l1J ~ "'- ~l ~ co .00'Oc ,00'0/ .00'Oc .00'0/ ./79'~Z .OO'O~ 3:JNVl S / G I- co :t:: >< lLJ I 7. If/C) Q)6ltJ ~ C"\! ~ t::: C"\! Q) Q) ~ ~ "( Fv) ~ --.J --.J \Q --.J c::: lr) tJ l.. c:: --.J '"\:) Q) ~ -~ tJ ~ Q) ~ tJ ~ l1J 3 ~ /7 /7 . 0 / ()6 8 N M ~ 9/. 6/7()00 N M ~ /7 /7 , 0 / ()6 8 S 3 ~ 9 / . 6/7 ()OO S 3 ~ 00. 9f()/7/7 N 3~91,6/7()00 S DNIClV38 .Z9'ozr M~ 60. OO()OO S c9 ~v ,1/ o ~~ ~* De ~ .15'06Z 3.. 60. 00,,00 N p130tJ 8/6133 9 7 5 7 /7 7 r 7 Z 7 I 7 3N/7 (b J::: ~ ~ ~ (b ~ CI) I....~ t:: (b (bCl)- ::::s CI) s:::: I.... s:::: CI) ~ (b Q) 0,) ..... E I.... ""C ~ : :: Q) (\j CI) c::: ~ lLJ "tJ 0.. "tJ ,... Q "tJ .... C) s:::: (\j lI.. (\j Q,) "tJ CI) "tJ ~ ~ s:::: (\j ::r: Q Q Q Q,) ~ Cr:: I.... ~ ~ '- cu Q,) ..... lI.. ~ b) cu lLJ (J ~ Q,) ~ s:::: l() C) C) CI) CQ C\J I.... ('t) Q) ('t) Q) Q) ~ .Q s:::: """ E '~ ('t) Q) s:::: "Ie :;. lLJ ~ ~ "'C C\J ~ CQ Meridian City Council October 25,2005 Page 2 of 41 De Weerd: Mr. Bird. Bird: I would move that we adopt the agenda as published. Rountree: Second. De Weerd: Okay. Motion is to adopt the agenda as published. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of August 30t 2005 City Council Special Meeting I Joint Workshop: B. Approve Minutes of October 4t 2005 City Council Regular Meeting: C. Amended Findings of Fact and Conclusions of Law for Approval: AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: D. Amended Findings of Fact and Conclusions of Law for Approval: PP 05-030 Request for Preliminary Plat approval of 24 residential building lots and 4 common area lots on 5.10 acres in a proposed R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: E. Amended Findings of Fact and Conclusions of Law for Approval: VAR 05-018 Request for a Variance to reduce the street side setback to 10 feet for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: F. Contract for the Support Services for Existina Model Update with JUS Enaineers. Inc.: G. Sewer Collection System Maintenance Proaram Peer Review with CH2M HILL Inc.: H. Chance Order No. 1 for the McMillan Water Extension Proiect with Masco. Inc.: Sanitary Sewer and Water Main Easement Acreement for Jacksonts Food Store: Meridian City Council October 25,2005 Page 3 of 41 J. Aqreement for Professional Services for Miscellaneous NPDES Permit Assistance with CH2Mhill: K. FY2006 Budqet Amendment for Buildina Department for Full Time Department Specialist: L. Award of Bid for Well 26 & 27 Control System Installation to Custom Electric: M. Power Easement for Well No. 26: De Weerd: Item 5. Mr. Bird. Bird: Madam Mayor, I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department - Doug Strong 1. Further Discussion of Land and Water Conservation Fund arant for Splashpad at Meridian Settler's Park from October 4, 2005: De Weerd: Item 6, our Department Reports. We will start with Mr. Strong as the parks department. Strong: Thank you, Madam Mayor, Members of the Council. As you will recall on the October 4th City Council meeting, we discussed the Land and Water grant that we were awarded from the National Parks Service through the Idaho State Parks. I'd certainly answer any additional questions that you have had the opportunity to think about since then. What I'm here for tonight is to recommend that we not accept that grant and to request that the 45,000 dollars that we would have gotten from the grant, that we use additional impact fees to build the water splash pad, phase two, of the Adventure Island Playground. So, with that as an introduction, I'll entertain questions or concerns about that proposal. Mem To: Tammy de Weerd, Mayor From: Clint Do[sby, Staff Engineer cc: Brad Watson, Public Works Director Date: 11/01/2005 Re: Execution of Change Order No. 1 for the McMillan Water Extension Project The Public Works Department respectfully requests the enclosed contract be signed and fully executed by the mayor. This contract was approved by the CIty Council on October 25, 2005. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 Oct.26, 2005 12:20PM No,2281 p. 2 CHANGE ORD~R NO.1 .!iQ.,J, DATE OF ISSUANCE EFFECTIVE DATE OWN!;;R City of Meridian CONTRACTOR Masco Inc. Contract: McMillan Water Extension P~ Project McMillan Water Extension Proiect OWNeR's Contract No. N/A ENGINEER ENGINEER's Contract No. N/A You are directed to make the following changes in the 'Contract Documents: Description: This change order consists of the following work: Soft spot repal r on the base for the surface l'9stor:lt!on on McMlltan Road near the intersection \'Ath Mendia n Road, Cold mix paving for the IntersecUon of MCMillan and Meridian Road. Pannanent paving at the intersection of Locust Grova and McMillan Road. An addilional 660 feet of 12-lnch watetline that ~3 installed by Masoo, Inc. and partially reimbursed by Far West LLC dlOllg With additional traffic control Additional asphalt thickness and saw cutting that was required In McMlIIan Road Reason for Change Otdet; Soft :lpo13 were found and repaired in several locations on McMjIJ~n Road near the Intersection with Meridian Road prior to plating the first lift of pavement. cord mix paving was required In the Intersection of McMlltan ::lnQ MeridIan Road. Additional walerlil'le WGl8 installed by the Contractor and additional asphalt thickness and saw cuUlng was required for tile project. Attachments: (List documents supporting change): Faxed Elstlmates from Maseo, Inc.. and spr@adsheat estimate from Crly Qf Meridian" CHANGE IN CONTRACT PRICE: Original Contract Price $ 326 075.00 Net Increase (Decrease) from previous Change Orders No. L.. to --2-: $ 0 Contract Price prior to this Change Order: $ 326 075.00 NGt increase (decrease) of this Change Order: $ 56 501.58 Contract Price with all approved Change Orders.~ $ 382 576.58 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _10 No; SubStantial Completlon: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net Increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contr0ct Times with all approved Change Orders: Substantial Completion: Ready forflnaf payment: (days or dates) Approved by City Council: RECOMMENDeD: ACCEPTED: By: Gt:J- Do!&; By; (I.::...~~s Clint Dolsby, starr Engineer Contractor Data: IOh.,,~s Date: /J/z:/os- Oct.26, 2005 12:20PM No.2281 p, 3 ~~ .e-)(caVatfng & Pavlog Contractor Pipeline Specia.lists Since 1977 5450 w.: Gowen Road · Boise, Idaho 83709 · Phone: (208) 362-6162 . Fax: (208) 36?-6199 December 29,2004 Me Clint polsby City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: McMillan Water Extension Subj eel: Cold Mix Paving Dcar Mr. Dolsby.~ !v.1asco will be installing the 12" waterline in ~e intersection of McMiU~ and Meridian Road starting 1/03/05. All the asphal~ hot plants in the v~ley will be shut dOwn for winter maintenance. We therefore propose installing cold mix until weather allows a permanent repaiL The cost fOT the temporary paving is as follows: Cold Mix Paving Remove CQJd Mix Traffic Control 390 SF 390 SF 40HR @ $2..00 @ $1.00 @ $20.00 Sub-Total Less Discount Total $780..00 390.00 800.00 $1,970..00 (870.00) $1.,1.00.00 Please let me kl10W if this is acceptable. Smcerely, q(~Yl2uJIIJJ!/J ~iz 17 Dave Turner Vice President DT:km Faxed to 898-9551 O;\MeMillan Wa(~r El(len.~ion - #46100\Corre.spond~nce\Ternp Cold Mi:o: PavIng.doc II lJ E [ - 1 Q c ~:. ~ ~ " _ ~ ~ 0,5 1 L ~ :, ~ I PM :. '-: :. (FAX)cOQ ')2 1i19~o.2281 P~ ~Ol/001 ~;$~ ~e;:,vatln9 & P8o\(,09 Contractor pipeline Spscialisfs ' Since 1977 . 5450 tN.. Gowen Road .. BoJse~ Idaho 83709 .. Phone: (208) 352-51 S2 · Fax: (208) 382-6199 D~~C!:mbcr 15~ 2004 Mr. Cli.rJ.t Dolsby City of Meridian 33 R. Idaho Meridi~ Idiil10 63642 Re: McMil1ih "Waler E.xrcnsion ~ Soft Spot Repair Dear Mi. Dolsby: vie ~ currently pl;CIceeding 'With 3. soft !.~~t tcpair on the McMillin Water ExteD~ion as follows: Soft Spot 420 f~t;;;;; S~widc: X 2~dccp := J 56 baok cubic yards We :win pull cristmg, materi!tl Ollt at a cost of$14/cy. 1 S6bcy X $14/01 ::: $2,1.84.00. please let US know iftbis is not'accepblble. Sincerely? W.CvvLL ~~ Dave Turner ~ Vice President OT;jk Oct,26. 2005 12:21PM No.2281 P, 5 .~ !!h~!!! 131 S.w. 5th A~ft\uc. Suitolil A . McridillJl, ID 83641 20S-288-1992' Fax: 208-188-1999' w",w.k~It~r.modal~.colll ;t Compfmy ofProfmioUlrl Enginu1'; December 2, 2004 Mr. Clint Dolsby, P .B. City of Meridian Public Works Department 660 Watertower Lane, Suite 200 Meridian, ID 83642 Re: McMUlcm Water Extension Project Masco Change Order Response Meeting Svmmary Dear Clint: This letter is a sumtnmy of the meeting held on December I, 2004 at the Meridian Public Works office. 1n attendance representing the City of Meridian were Len Grady and Tom Johnson; repre$enting Masto Inc. were Ryder Irvine and Dave Turner; and representing Keller Associates were Keven Shreeve and Donn Carnahan. The final agreed upon action is to compensate Maseo an additional $11,548.03 for the Type P Asphalt repair, $5,968.50 for the Petra Mat with Tack, and $2,785.30 for the additional saw cutting for a total increase of $20,301.83. The intent is to avoid temporary asphalt repair work. The latest 10-day forecast indicates five consecutive days (December 7-11) with temperatures above 40 degrees. Masco agteed that they would be ready to complete the Type P Asphalt repair at such time ACHD allows the work to be completed (anticipated any time within the next couple weeks). MascQ agreed to prepare and submit a cost difference proposal for constructing the north leg of the MeridianlMcMillan intersection water improvements during the original contract time verse delaying the work until spring. In addition. Maseo agreed to provide a cost estimate for providing and then removing a temporary asphalt patch, If you have any questions or need additional infonnation, please call me. Sincerely, KElleR ASSOCIATES, INC. /J-~ ~ Donn Carnah~ P.E, Project Manager DC/cw 00: City of Meridian, Len Grady City of Meridian. Tom Johnson Masco, Dave Turner ACHD, Ed Menill Keven Shreeve File lQ4049/UOH88 M~ridi3n . PQI;;\{~lIo Q,wty Engiclming (() Sa.r:Mi"'" C1i~nu Oct,26. 2005 12:21PM June ] 7 ~ 2005 Mr. Clint Dolsby City of Meridian 33 E. Idaho Meridian, JD 83642 Re: McMillan Water Extension Dear Mr, Dolsby: No.2281 p. 6 Maseo bas completed the permanent paving for the intersection of Locust Grove and McMillan. ACID required that work to be performed on the weekend and also requested the road to be closed. The costs are as follows: Specialty Construction ] 5% Markup for OVerhead & Profit Repave Intersection 24' X 10' X $3.00/SF Remove Temporary Patch 24' X 10' X $1.50fSF Hot Plant Start Up on Weekend .$1,781.00 267.15 720.00 ./ 360.00 (!) 1-, ~ ~ J.t1)J. t:i"" Please prepare a change order for this temporary paving and for the other items that you have yet to prepare a change order. 1) Soft Spot Repair (12/1.5/04 Letter) 2) Petra Mat and Additional Saw Cut 3) Asphalt Only fOl' Extra Depth - 421 ton @ $27.43/ton The total is $26,363.98. Please prepare a change order. Sincerely, c!C4- S---- Dave Turner Vice President DT:jk O:\Cfo$Cd loh!\McMlltu WalcrEl<lemioa -lI*lOOlC.O.R\City~M<ri<lillll"Mc.MiIlllll COil. ~11.j)S.doc $2,184.00 8,753.80 11.548.03 Oct.26. 2005 12:21PM No.2281 p, 7 2004 McMillian Water Extension Mssco, Inc. crnit Bier Bid Item Item No. Description Qty. Unit Price Total 207.4.1.D.1 Removal of Existina Blowoff EA $ 653.00 304.4.1.B.1 Trench Stabilization CY $ 2.30 307.4.1.0.1 Tvpe C Surface Repair LF $ 1.60 307.4.1.F.1 Type P Surface Repair 660 LF $ 7.20 $ 4.752.00 308.4.1A1.a Steel Casin~ Pioe BorinQ & Jackina. 30n Oia. LF $ 570.00 308.4.1.A.1.b Steel Casino Pioe Borina & Jacking, 24u Dia. LF $ 570.00 401.4.1.A.1.a Water Main Pice -16. Class 150, C90S LF $ 34.00 401.4.1.A.1.b Water M~in PiDe _12u Class 150, C900 660 LF $ 23.90 $ 15,774.00 401.4.1 A1.c Water Main Pipe -10~ Class 150, C900 LF $ 38.70 401.4.1.B.1.a Water Main Fittin , 16Ux 12n Tee EA $ 1 660.00 401.4.1.B.1.b Water Main Fittio ,12"x10"Tee EA $ 923.00 401.4.1.B.1.c Water Main Fittin , 16" Bend EA $ 789.00 401.4.1.B.1.d Water Main Flttin , 12n Bend . EA $ 431.00 401.4.1.8.1.e W~ter Main Fittin 10ft Bend EA $ 46S.00 401.4.1,B.1J Water Main Fittln I 12" Adapter FLxMJ EA $ 177.00 402.4.1.A.1.a Valve - 16" - Gate Valve EA $ 4,670,00 402.4.1 A 1.b Valve ~ 12" - Gate Valve EA $ 1,380.00 402.4.1.A.1.c Valve -10" - Gate Valve EA $ 1,150.00 402.4.1.A.1.d Valve-16u & 2" Blow Off Assemblv 7.12B(w) EA $ 3,520.00 402.4.1.A.1.e Valve - 12" & 2U Blow Off Assembly 7.128(wf EA $ 3,520.00 1103.4,1.A.1 Construction Traffic Control LS $ 6,700.00 1103.4.1.B.1 T rafflc Control Siqns 2076 SF $ 4.10 $ 8,511.60 1103.4.1.D.1 Traffic Conlrol Drums EA $ 16.10 1103.4.1.G.1 Portable Tubular Markers EA $ 11.50 2010A.1.A.1 Mobilization LS $ 14,000.00 SP~1 Relocate rrriaation Manhole Station 33"'46 EA $ 1,530.00 SP~2 Trim Tree and Stump Grind Roots LF $ 2.30 8P-3 Remove and Reset Sian EA $ 67.50 SP.4 Remove ar'Jd Reset Mail Box EA $ 57.50 SP-5 Sampling Tap EA $ 367.00 SP.6 10. Pressure Reducina Station LS $ 13,800.00 SP-7 Potholino for Utilities EA $ 326.00 SP-8 ACHD Permit and Fees LS $ 4 260.00 SI='-9 Connect to Existinq Water Main EA $ 65~.OO TOTAL $ 29,037.60 Any Proposal that contains omiSSions, erasures or alteratlons not initlaled~ additions of any kind, prices uncalled for, pricas that are obviously unbalanced, or that in any manner fail to conform to the published Invitation to Bid can be considered unres Bidder.. ** TX CONF I RMA I J ON REPORT ** ( AS OF NOIJ 18 '0::> 10:25 PAGE. 01 CITY OF MER] DIAN DRTE TI ME TO/FROM MODE M I N/SEC PGS CMDl:t STATUS 03 11/18 10:25 2087721881 ----S 00'00" 000 245 BUSY -----------------------------~~~=-~~:~~=~~-~=-=~~==-~~-~=~~~~------------------------------- ..... ..~.-----. AN ORDINANCE ENA"C"IlNG.A NEW MERIDIAN CITY CODE TITLE 6, CHAPTER 3, SECTION 11 TO SET LOOTS 'ON TliE OVER-TlJE-COUNT:li:R Dl~TRIBl:JTION OF CERTAIN PSEUDOEPHEDRINE PRODUCTS; ...___...!R8'VnllNG A :PENALTY; PROVIDING A SAVINGS CLAUSE; AND - . ..;::--- -' PROVIDING FOR. AN EFFECTIVE DATE. ..----- CITY OF MERIDJAN ORDINANCE NO. tJ 5 -II g g '<B-'l!.:.r:l!E CITY COUNCIL: BIRD, DONNELL, ROUNTl(EE, WARDLE WlIEREAS, methamphetamine is an illegal drug that is produced using legal sUbstances such as pseudoephedrine, which i~ contained in certain over-the-counter medicinell sold in retail outlets; and, WHEREAS, methamphetamine is produced and distributed i.n Our communities with negative social effects, including harm to children, families, increasing crime and property damage; and, WIIEREAS, the production of methamphetamine in illegal labs can. caUSe significant health and safety risks such as the danger offirc, explosion, and environmental hazards from production b:yproducts; and, WHEREAS, the legislature of the State ofIdaho ha'l not enacted any laws to control pseudoephedrine products that have been prepared for dispensing Or over-the~ counter distribution; and, WHEB.EAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate the ovcr-the-cOlll1ter distribution of certain pseudoephedrine products within the City of Meridian. NOW, THEREFORE, BE rr ORDAINED BY THE MAYOR AND CITY COUNCn:.. OF rHE CITY OF MERlDlANt lDAHO: Section 1: THAT ANEW SECTION, TITLE 6, CHAPTER 3, SECTION 11 IS HEREBY AD:OED TO THE MERIDIAN CITY CODE AS FOLLOWS: 6-3-11 Over-the-Counter PseudoeDhedrine Rce-ulatJons A. Definitions. The fOllowing defmitions shall apply in the following section: 1. "Locally Regulated Pseudoephedrine Products" a. A drug or product containing as its sole active ingredient pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers; or DISTRIBUTION OF PSEUDOEPHEDRINE Page 1 of .3 ** MEMORY MRNRGEMENT REPORT ** RS OF NOIJ 18 '05 10: 10 PRGE.01 CITY OF MERIDIRN SYSTEM STmUS RIJR I LABLE MEMORY 66% 0006 PAGES I N SEND MEMORY 0000 PRGES IN RECE I IJE MEMORY 0000 PRGES IN MR I LBOX PEND I NG TRRNSRCT I ON COMMRND ij 006 [ INCOMPLETE] TELEPHONE NR SND MODE RCIJ TI ME CODE RL Y MR I LI:* I:*PGS fU9 LRKEIJ I EW GOLFCOU * NORM 003 ------....--------------------..--.....-------------------------------------....---------------------------- COMMRND 1:* 245 TELEPHONE NR a2087721881 SND MODE RCIJ T I ME CODE RL Y MR I UI I:*PGS * NORM 10: 12 003 --------------------....------------.....----------------------------------------------------------....- ( ** TX CONF [RMA n ON REPORT ** ( AS OF NOIJ 16 '05 13: 26 PAGE. 01 CITY OF MERrDIAN DATE TIME TO/FROM ~~~:S M~i:~~~ 00~GS ~:~I:l S6~TUS ----~~---==~=~-=:~=~-=~~-~~~-=~~=----------------------------------------------------------- CITY OF MERIDlAN ORDINANCE NO. t!J 5 -1/ g 8 '-B--Y.T~ CITY COUNClL: BIRD, DONNEtL, R.OUNTREE, WARDLE AN OlIDINANCii'ENA-CTlN'G-A NEW MERIDIAN CITY CODk TITLE 6, CHAPTER 3, SECTION 11 TO s~rt LOOTS ON THE OVER-THE-COUNTER Dl~TR.l!llJ:I'ION OF CERTAJN PSEUDOEPHEDRINE PRODUCTS; -PReVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND -:-~'PROVlDING FOR AN EFFECTIVE DATE. .-.------_.. WliEREAs, methamphetamine is an il1egal drug that is produced using legal substances such as pseudoephedrine, which is contained in certain over-tIle-coullter medicines sold in retail outlets; and, WIlEREAS, methamphetamine is produced and distributed in our communities with negative social effects, including harm to children, families, increasing crime and property damage; and, WBEREAS, the production of methamphetamine in illegal labs can caUSe signi.ficant health and safety risks such as the danger of fire, explosion, and environmental hazards from production byproducts; and, WHEREAS, the legislature of the State of Idaho has not enacted any laws to control pseudoephedrine products that have been prepared for dispensing or over-the- counter distribution; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate the over-the-counter distribution of certain pseudo'ephedrine produc..1s within the City of Meridian. NOW, THEREFORE, BE: IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MElUDIAN, IDAHO; Section]; THAT ANEW SECTION, TITLE 6, CHAPTER 3, SECTION 1llS llEREJJY ADDED TO THE MERIDIAN CITy CODE AS FOLLOWS: 6-3-11 Over-the-Counter Pscudocnhedrine Re~lJlations A. Definitions. The fOlloWing definitions shall apply in the following section: 1. "Locally Regulated Pseudoephedrine Products" a. A drug or product containing as its sole active ingredient pseUdoephedrine, or any of its salts, optical isomers, or salts of optical isomersj or DISTRIBUTION OF PSEUDOEPHEDRINE Page 1 of3 ** TX CONF] RMH I ION REPORT ** AS OF NOIJ 16 '135 13: 32 PAGE. 131 CITY OF MERIDIAN DATE TI ME TO/FROM MODE Mf N/SEC PGS CMDI:I STATUS 137 11/16 13: 32 21387721881 ----5 1313' 013" 13013 245 BUSY -----------------------------~~~:_~~=~~~~~-~:-:~~==-~~-~~~~~~------------------------------- CITY OF MERIDJAN ORDINANCE NO. tJ 5 -1/ g 8 "B-)?:I:~E CITY COUNCIL: BIRD, DONNELL, ROUNJ1U;E, WARDLE AN ORDINANC.E'EN)?~ NEW MERIDIAN CITY CODE TITLE 6, CHAPTE:R 3, SECTION 11 TO SET LOOTS 'ON TIlE OVER-THE-COUNTER DI~TRJBl:JTlON OF CERTAIN PSEUDOEPHEDRINE PRODUCTS; '---.. .~Rf)VrDINGA PENALTY; PROVIDING A SAVINGS CLAUSE; ANn -. -~. . PROVIDING FOR. AN EFFECTIVE DATE. ......--'........ WHEREAS, methamphetamine is an illegal drug that is produced using legal substances such as pseudoephedrine, which i!; contained in certain over-the. counter medicine9 sold in retail outlets; and, WHEREAS, methamphetamine is produced and distributed ill our communities with negative social effects, including harm to children, families, increasing crime and property damage; and, W.HEREAS, the production of methamphetamine in illegal labs can caUSe significant health and safety risks such a<; the danger of fur;, explosion, and environmental hazards from production byp,roducts; and, WHEREAS, the legislature of the State ofIdaho ball not enacted any laws to control pseudoephedrine products that have been prepared for dispensing Or over-the- counter distribution; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate the OVt.T-the-coUnter distribution of certain pseudoephedrine products within the City of Meridian. NOW, THEREFORE, BE:rr ORDAINED BY THE MAYOR AND CITY COUNCl.'L OF THE CITY OF MER1DlAN~ IDAHO: Section 1: THAT ANEW SECTION, TITLE 6, CHAPTER 3, SECTION 11 IS HEREBY AD))ED TO THE MERIDIAN CITY CODE AS FOLLOWS: 6-3~1l Over-the-Counter Pseudoeobedrme RCl!'ulatlons A. Definitions. The follOwing defmitions shall apply in the fOllOWing section: 1. "u)Cally Regulated Pseudoephedrine Products" a. A drug or product containing as its sole active ingredient pseUdoephedrine, or any of its salts, optical isomers, or salts of optical isomers; or DISTRIBUTION OF PSEUDOEPHEDRINE Page 10f3 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request to Annex and Zone 5.1 acres from RUT to R-8 (Medium Density Residential) AND Preliminary Plat approval for Twenty-Four (24) Single-family residential lots and Four (4) Other/Common Lots, AND a request for Variance to MCC 11- 9-2D3 for Windwalker Subdivision, by Beckit Development Case No: V AR-05-018, AZ-OS-030, PP-05-030 For the City Council Hearing Date of: September 20, 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 ~67- 6509. The matter was duly considered by the City Council at the September 20, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the pi aIming jurisdiction ofthe 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 ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. 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 ~67-6509, 6512, and Meridian City Code ~~ 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-05-030, AZ-OS-030,VAR-OS.OI8 - PAGE I of4 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 verified that the property owner of record at the time of issuance of these findings is John and Glenda Shipley, 2770 S. Locust Grove Road. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits D, E, and F 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 (I.c. S67- 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 S 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 Planning 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, the Preliminary Plat dated July 14, 2005 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 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) 11-9-2BC (Minimum Yard Setback Requirements), to allow an lO-foot street side setback on all lots of Windwalker Subdivision; and The applicant's preliminary plat as evidenced by having CITY OF MERIDIAN FINDfNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-05-030, AZ-05-030,V AR-05-018 - PAGE 2 of4 submitted the Preliminary Plat dated July 14, 2005 are hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. 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 9 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat Exhibit C: Final Conditions of Approval Exhibit D: Annexation and Zoning Findings Exhibit E: Preliminary Plat Findings Exhibit F: Variance Findings By action of the City Council at its regular meeting held on the O/:..fv~ ,2005. 29~ day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-05-030, AZ-05-030,V AR-05-0 18 - PAGE 3 of 4 COUNCIL MEMBER SHAUN WARDLE VOTED$~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~A- VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ and City Attorney. By: (~t10U! mS rn;~ City Clerk's Office Dated: J / -D,s) -05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSlONS OF LAW AND DECISION & ORDER CASE NO(S).PP-05-030, AZ-05-030,V AR-05-0 18 - PAGE 4 of4 EXHIBIT A Windwalker Subdivision AZ-05-030, PP-05-030 Legal Description DESCRIPTION FOR PROPOSED WIND WALKER SUBDIVISION May 12, 2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SW 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20 T. 3 N., R.1E.. B.M" MERIDIAN, ADA COUNTY, IDAHO; THENCE N 00.44'50" E 1327.40 FEET TO THE SOUTH 1/16 CORNER, THE SOUTHWEST CORNER OF THE NW 1/4 OF SW 1/4 OF SAID SECTION 20; THENCE S 89"49'11" E 45,00 FEET TO THE EAST RIGHT OF WAY OF S. LOCUST GROVE ROAD, ALSO BEING THE NORTHWEST CORNER OF SHERBROOK HOLLOWS SUBDIVISION NO. 4,THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE N 00044'49" E ALONG SAID EAST RIGHT OF WAY 194.95 FEET TO THE SOUTHWEST CORNER OF INGLENOOK SUBDIVISION; THENCE S 89"51 '08" E ALONG THE SOUTH LINE OF SAID INGLENOOK SUBDIVISION 1049.72 FEET TO A POINT ON THE WESTERLY LINE OF T ARAWOOD SUBDIVISION; THENCE S 41 '50'37" E ALONG SAID WESTERLY LI NE 263.21 FEET TO A POINT ON THE NORTH liNE OF SAID SHERBROOK HOLOWS SUBDIVISION NO.4; THENCE N 89"49'11" W CONTINUING ALONG SAID NORTH LINE 1227.85 FEET TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; THIS SUBDIVISION CONTAINS 5.10 ACRES, MORE OR LESS. WAYNE K. BARBER, ~" ~~v-\. ......Nt; .s/,'~", ~ /,~;?Cj, . \ST ,~ !! ,'(<" \ ','il ~411 .~~ ~\ P.L.S.8444 I, I 814 . '10S"" ; \, \c~> 511'Z(~?/ . , <1;~~;~'ci'0~~'~: nlJ~ 'S S SIMMElITi\l AVE. I ~.l: ,,",'1', u> ,:; liMOUSINE : ~ ' AVE. I EXHIBIT B Windwalker Subdivision PP-OS-030 Preliminary Plat Dated July 14, 2005 ~ X tJ ~. INGLEfjOO~ AYE ~-~ .<, .fi'1?-.f i~ EXHIBIT C Windwalker Subdivision AZ-05-030 PP-05-030 Conditions of Approval (With deletions and additions in strikeout/underline) SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. This Staff Report is based upon the preliminary plat prepared by Briggs Engineering on Revision Date July 14, 2005, and is approved with the conditions listed herein. All comments/conditions of the annexation and zoning (AZ-05-030) application shall also be considered conditions of the Preliminary Plat (PP-05- 030). 2. Construct E.Horse Creek Street to connect the north right-of-way line of E. Fireside Court to tie in with the 50-feet of right-of-way for Silmnental Lane. 3. Maintenance of all common area lots shall be the responsibility of the Windwalker Homeowners' Association. 4. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the perimeter, temporary construction fencing to contain debris must be installed prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10 5. Set aside a minimum of 5% of the 5.10 acre site for useable common open space, as required. All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. The required open spaces are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. 6. Prior to final plat approval by City Council, depict on the preliminary plat the sections of road which will be designated ''No Parking" or show areas of off street parking to be provided for visitors to the subdivision. 7. The submitted landscape plan prepared by Murillos Landscape, dated 05-19-05 is approved as submitted, with the following notes/modifications: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). Coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. Landscape a minimum 25-foot wide buffer in the existing Locust Grove Road right-of-way and execute the required license agreement with ACHD. The landscape buffer along Locust Grove Road shall be planted with trees and Windwalker Subdivision Exhibit C shrubs, lawn, or other vegetative groundcover, with a minimum density of I tree per 35 linear feet, as proposed. Said landscape buffer shall be located beyond the required future street right-of-way, as proposed. · Depict a minimum of five-foot sidewalk in the Locust Grove Road Right-of- way or as required by ACHD Conditions of Approval. · All fencing along Eight Mile Creek shall be non-combustible fencing materials. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 8. The Eight Mile Creek shall be fenced appropriately with a six-foot tall non- combustible material and maintained free of noxious materials. 9. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. If the system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 10. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. The applicant shall provide five-foot detached sidewalks adjacent to Locust Grove Road. The applicant shall also provide five-foot wide attached sidewalks with a rolled curb adjacent to the internal public streets as proposed and in compliance with existing road designs. 11. Add a note to the face of the final plat stating: "Garage setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive. " 12. Sanitary sewer service to this site is being proposed from the sewer main in Locust Grove Road and extensions through Inglenook Subdivision. The applicant will be responsible to construct all sewer mains necessary to serve this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than tl1Tee-feet from finish grade to the top of the pipe. If cover is less than three-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Windwalker Subdivision Exhibit C 13. Domestic water service to this site shall be via extensions from Inglenook Subdi vision. The applicant will be responsible to construct all water mains necessary to serve this proposed development in accordance to Public Works approval. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 14. The landscape plan dated 5/19/2005 shows trees planted on each lot line. Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 15. If any water meters are located in common driveways shall be constructed of traffic rated materials per Meridian Public Works Standard Detail 7.05 (w) note 3 and Section 3.4 A.-5. 16. Direct lot access to Locust Grove Road is prohibited. A note shall be placed on the final plat restricting access to Locust Grove Road. 17. A groundwater report from a Professional Geo-tec1mical Engineer or Professional Soils Scientist shall be submitted to the Public Works Department. The consultant shall use any means deemed necessary to formulate is opinion on the groundwater elevations in this proposed development. The rep011 shall be submitted to the Public Works Department a minimum of 10-days prior to their City Council Hearing Date. 18. The preliminary plat indicates that a storm drainage retention area is being proposed in common Lot 9, Block 1, but has not indicated with what means it will discharge subsurface or other means. The applicant shall revise the preliminary plat to indicate the means of discharge for the storm water. 19. Any existing domestic wells and/or septic systems appurtenant with the existing house or other systems within this project will have to be removed fI.'om their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 20. Any existing structures must be removed prior to the signature on the final plat by the City Engineer. 21. No arianees, en6Bfltiens Sf reOOeHSI:lS t8 the Cit) aasptea aimeasieflal staflaaras Of l:lses are frl3PfS ed ith this preliTRiflar; plat applieatiol1. Unless otherwise approved, all minimum lot sizes, structure setbacks, street frontage, and house size requirements of the R-8 zone shall be maintained. Windwalker Subdivision Exhibit C 22. The side yard setbacks for all lots in Windwalker Subdivision shall be a minimum of 10' from perimeter property lines. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be perfonned in confonnance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Street signs to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. 5. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 6. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior commencing installations. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 10. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all Windwalker Subdivision Exhibit C storms up to and including a 100-year stonn events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type and characteristics during the design and construction phases. 11. The applicant shall coordinate mailbox locations with the Meridian Post Office. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of tlrree feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 14. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 17. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat approval use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C Windwalker Subdivision Exhibit C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Depm1ment and water quality by the Melidian Water Department for bactelia testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 412" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing pelmits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 8. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 9. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for Windwalker Subdivision Exhibit C facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) fl.-om a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped tIU'oughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Melidian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. ADA COUNTY HIGHWAY DISTRICT- A. Site Specific Conditions of Approval 1. The applicant shall construct an ACHD approved turnaround on East Horse Creek Street. The minimum standard "snoopy" turnarounds shall have a minimum of 18- foot radius. The applicant shall submit a design of the turnaround for review and approval by District staff. 2. The applicant shall dedicate 45-feet right-of-way on South Locust Grove Road. Construct a 5-foot wide concrete sidewalk along South Locust Grove Road. All or part of the sidewalk may be placed in an easement provided to the District. 3. Construct South Simmental Avenue with 50-feet of right-of-way, 36-foot street section, WitIl rolled curb, gutter and a 5-foot wide detached concrete sidewalk with a minimum 5-foot wide landscape strip. Provide an easement for any sidewalk outside of the right-of-way. 4. Construct East Horse Creek Street and Fireside Court with a 29-foot street section, with vertical curb, gutter and 5-foot concrete sidewalk within 42-feet of right- of-way. Windwalker Subdivision Exhibit C 5. Provide written approval from the Meridian Fire Depaitment to allow the reduced street sections, and sign the roadway for "No Parking" on one side. 6. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in wliting by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and celtify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Windwalker Subdivision Exhibit C 10. No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written continuation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Windwalker Subdivision Exhibit C EXHIBIT D Windwalker Subdivision PP-05-030 Required Findings PRELIMINARY PLAT ANALYSIS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed layout as a practical solution to address the constraints of infiII development which has design criteria dictated by previous developments. Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail.) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public fmaneial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e.- police, fire, ACHD, etc.) to determine this finding. (See finding "0" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Windwalker Subdivision Exhibit D The proposed design creates a unique situation for propelties in Sherbrook Hollows to the south ofthe propelty and Inglenook to the nOIth of the propelty. The nonnal rear yard to rear yard setbacks would be 15 feet each yard. This provides a minimum of 3 0 feet total separation from building to building. However the proposed design shows rear yards for existing development bordering the side yard of the proposed development. The applicants submittal of the variance application more adequately addresses the conflict between the rear and side YaJ'd setbacks. Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 1. Public Streets and Access: Connectivitv (Sherbrook Hollows to Inglenook Subdivisions): The stub street from Sherbrook Hollows, Simmental Avenue shall connect to E. Horse Creek Street and again north to Inglenook Subdivision on E. Fireside Court. The subdivision is constrained by previous development in the area and is bound by ACHD policies of inter connectivity. No direct access to Locust Grove Road is approved with this subdivision. 2. Landscaoinl!: Staff is generally supportive of the proposed landscaping design with the following considerations: Non-combustible fencing should be included on the eastern border of the Eight Mile Creek, and Locust Grove Road landscaping shall be designed according to MCC 12-13 Landscaping and maintained by the home owners association. See Site Specific Condition #7 below. Ooen Soace: MCC 12-13-16 requires five percent of open space to be set aside for subdivisions of at least five acres in size. The applicant is proposing to set aside 14,374-sq ft of the site for open space. Most of this open space is at the eastern property boundary of the development and accessible to all lots of the subdivision. (MCC 12-13-16-3). See Site Specific Condition #5 below. Tree Mitigation: There are several large trees on this site that the applicant is proposing to remove or relocate. Any tree over 4" in caliper that is removed liOln the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC Windwalker Subdivision Exhibit 0 12-13-13-3). The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park Department. See Site Specific Condition #7 below. 4. Ditches Laterals and Canals: Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Staff is unaware of the official status of the Eight Mile Creek; it appears to be maintained by Nampa Meridian lnigation and is considered a natural feature and does not require tiling. See Site Specific Condition #8 below 5. Pressure Irril!ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point cOlmection to the culinary water system shall be required. If a single-point cOlmection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12- 13-8 and MCC 9-1-28. See Site Specific Condition #9 below. 6. Fencinl!: The applicant is proposing to construct a Six fl.ve-foot tall solid fence around the perimeter of the site. Staff is supportive of the proposed fencing. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. Fencing along the Eight Mile Creek shall be constructed with a non- combustible material. Windwalker SubdivisioniExhibit D EXHIBIT E Windwalker Subdivision AZ-OS-030 Required Findings- Annexation ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Conunission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15- I I and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'Medium density' is defined as areas including single-family homes at densities of three to eight dwelling units oer acre with the allowances of smaller lots for residential pU1]Joses. The applicant is requesting that all the subject site be zoned R-8 (Medium Density Residential). The R-8 district allows for a maximum of eight (8) dwelling units per acre (MCCll-7-2.C). Although staff would expect an R-4 zoning designation similar to the sun-ounding zone codes the R-8 schedule of bulk and zoning controls allows design criteria that better accommodate the proposed infill development.. The proposed residential density for this site is 4.71 gross dwelling units per acre as calculated by the applicant, or 24 units per 5.1 acres. Staff finds that the oronosed zoning designation R-8 is harmonious with and in accordance with the 2002 Comorehensive Plan and Future Land Use MaD which designates the land to be Medium Densitv Residential. There is a minimum target density of tlrree dwelling units per acre in the Comprehensive Plan; the proposed gross density of Windwalker Subdivision is 4.71 dwelling units per acre which is slightly higher than surrounding developments but not outside the acceptable tolerance for infill development. Inglenook 3.35 du/acre - Sageland 3.85 du/acre -Chesterfield 4.63dulacre The following Comprehensive Plan policies support this proposal: · Require that development projects have pi aImed for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide Windwalker Subdivision Exhibit E municipal services to the lands proposed to be annexed in the following manner: Sanitary sewer and water service will be extended to the project af the developer's expense. The subjecf lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Departmenf, who currenfly shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's jive-minute response zone. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacenf to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School Disfrict #2. This service will not change. The subject lands are currenfly serviced by the Meridian Library District. This service will not change and the Meridian Library District should stiffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. · Protect existing residential properties fi:om incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. · Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) Windwalkcr Subdivision Exhibit E The subject property is designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium- density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 4.71 dwelling units per acre. · Require street cOlll1ections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The two street connections provided from Inglenook and Sherbrook Hollows have been connected as planned (see ACHD report for details). This subdivision is the last infill development in the near vicinity and will not be required to stub to adjacent properties as there is no further development expected at the boundaries of this development. · Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The Eight Mile Creek waterway is the only distinguishable natural feature at this location. Staff feels the open fencing and maintenance free of noxious materials will enhance the surrounding area. Wetlands, and alternate natural resources are absentfrom this site and the subject property has designed the common/open space around preserving the Eight Mile Creek corridor for wildlife habitat and enhancing the waterways. · Develop policies and incentives to encourage infill and contiguous development. (Chapter V Goal I Objective A Action 8) The applicant has requested a slightly higher density relative to the immediate vicinity and will be developing smaller lots, common drives, with a unique neighborhood attractiveness. The project is foreseen as being a retirement community with 1600-2200 square foot homes, staff has requested elevations be submitted prior to the Planning Commission Meeting of August 4, 2005 to determine how the homes would fit in the immediate vicinity. The applicant has continued the plans for development and the proposal meets the agencies expectations with preservation of the waterway and connections to existing stub streets as required by ACHD. The designed proposal is unique to the neighborhood but stafffeels if designed correctly the clustered home concept would provide a good alternate home product for the general vicinity. · Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The anticipated products for the site will be unique single family residences available to individual buyers who are seeking a low maintenance lot closer to the urban center. There are no single family attached products in the Windwalker Subdivision Exhibit E general vicinity and infill developments are encouraged to use the ordinance to the fidlest extent. The applicant has not requested a planned development and has designed the proposal within the constraints of MCC 11-9-1 schedule of bulk controlfor single family residences. Staff anticipates a retirement age buyer or a first time home owner who seeks a smaller, moderately priced, low maintenance home as the target client. These anticipated future owners would also be harmonious with the larger lot, family oriented homeowners in Sherbrook Hollows and Inglenook developments. Staffwould encourage the Planning Commission and Council to review the home designs with building footprints to determine the "fit" of the proposal into the neighborhood. · Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) The proposed density, size of lots and unique roadway design will allow for an increase in density for the proposal with smaller lots, not requiring special considerations within the ordinance and comprehensive plan, see also findings above. · Apply design and performance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Staff does not foresee negative impact on surrounding development outside of the construction phase. The site has an existing residence which will be removed and the size, number, and quality of the houses is similar in nature to the surrounding developments that the proposal should be indistinguishable upon build out as an attractive neighborhood within a neighborhood. Staff finds that the proposed R-8 zoning designation is hannonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Windwalker Subdivision Exhibit E Staff finds that single-family residential uses are allowed within the requested zoning district of R-8. Medium Density Residential pennits the establislunent of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nomesidentia1 uses. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that confonn to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that recent residential developments to the south have been approved for development similar to the proposed subdivision, with single-family residences. Development in the area has limited the main trunk sewer capacity. Currently sewer is available in E. Fireside Court via Inglenook Subdivision. There have been sewer capacity concerns south of the freeway; however those have involved projects sewering out of their service area into the Ten Mile Trunk:. This project is not sewering out of its service area and is therefore not contributing to capacity issues. Based on the ACHD Long Range 2030 proposal, Locust Grove Road is anticipated to eventually be a three lane roadway abutting this site. However, Locust Grove Road is not currently included within ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. Local Streets Simental Ave. and Fireside Ct. are ACHD rights-of-way and provide stub connection to the property ACHD and the City of Meridian will require the proposed development connect these roadways as proposed. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the requested zoning and proposed density is slightly higher tl1an the anticipated range for a medium density urban project. Based on the Comprehensive Plan, staff believes that the existing parcels in the area (south and north and east) have already developed with similar densities and allowances for alternate products and designs are encouraged. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be hmllionious Windwalker Subdivision Exhibit E with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards ofMCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions offive acres or more." The applicant has buffered the Eight Mile Creek with an open space/drainage lot which meets the standards set for open space. Lot 9 Block 1 provides 14,374 sq/ft of open space which is approximately 6% of the site. The existing character of the area will not change as this is one of the final infiIl developments in the vicinity. Staff does not find that the proposed zoning or uses will adversely change the essential character of area. Staff recommends that the Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed as proposed. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a malUler consistent with City Code. Access to Locust Grove Road shall be taken through the stub streets as designed. This will created additional traffic, especially construction traffic during build- out. This change could be considered disturbing to residents in Inglenook and Sherbrook Hollows Subdivision for access to Locust Grove Road must be provided through these neighborhoods. According to ACHD, E. Horse Creek Street shall be designated "No Parking" which will create a problem for visitor parking at this location. Further, Meridian Fire will require the cul-de-sacs to be designed for 90' radius of paved turnaround, inside of curb. The plat was re-drawn on July 14, 2005 to address this concern. The common lot listed as Lot 9 Block 1 will require fencing to separate the Eight Mile Creek from residential uses. The Eight Mile Creek is a steep banked and potentially hazardous waterway which should be fenced in such a malUler as to be non-combustible and impede all access to the creek or as required by Nampa Meridian Irrigation District. The proposed design creates a reduced anticipated rear yard setback for properties in Inglenook and Sherbrook Hollows subdivisions. (See Preliminary Plat Windwalker Subdivision Exhibit E Analysis, F) Projects such as Hacienda Subdivision have included lots with side to rear yard setbacks. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all sewer and water mains necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. On July 27,2005, ACHD staff held a tech review on the subject applications. ACHD has submitted a staff report with site specific and standard conditions (Agency Comments and Conditions are included with this report). On July 1, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. Windwalker Subdivision Exhibit E I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shan be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street extension into the site from Inglenook Subdivision and one extension from Sherbrook Hollows Subdivision which will connect with Locust Grove Road, a minor collector. ACHD is supportive of the proposed stub street extensions as previously approved. The landscaping should be designed in a manner to not allow traffic flow directly to Locust Grove Road. If is designed and constructed as approved by the ACHD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. However, city staff would propose a design to allow parking on at least one side of the street and approved by ACHD even if the design is amended to reduce lots. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Fencing the Eight Mile Creek along the eastern boundary of the proposal should provide wildlife and open areas adequate protection from residential uses. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. Staff recommends that the Commission and Council reference any public testimony that may be presented to detennine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Windwalker Subdivision Exhibit E L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. Staff does not recommend lot sizes that would be invasive to the properties to the north and south of the subject property but the lot sizes should be transitional in nature and allow additional residential densities and product opportunities for the general vicinity. Subdivisions of medium density have already been approved for development to the south and this is a logical expansion of the City limits for an infill project. In accordance with the findings listed above, staff finds that annexation and zonine of this orOlJertv would be in the best interest of the City. Windwalker Subdivision Exhibit E EXHIBIT F Windwalker Subdivision V AR-05-018 Required Findings- Variance VARIANCE REOUIRED FINDINGS 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 cleady be impracticable or unreasonable; The City Council finds that the circumstances of how this setback issue arose are unusual. The unusual circumstance is based upon ACHD's action in regards to permitting unusual locations for stub streets on a narrow parcel binding the parcel to meet restrictive design criteria based on actions in the past. Therefore, the Council finds that the strict application of the building setbacks required by code is unreasonable in this instance. 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 01' 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; As noted above, City Council finds that strict compliance with the City's Ordinances is unreasonable under the circumstances. City Council finds that granting the subject variance will not inhibit the achievements or the objectives of Title 11. 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 ill which the property is situated; City Council anticipates that granting a variance will not be detrimental to the public's welfare or injurious to other properties in the area. Further, the applicant has contacted the surrounding neighbors and has received favorable consideration for the requested variance in anticipation of additional unusual circumstances arising if strict compliance with ordinance be required. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." City Council finds that the issuance of the subject variance does not have the effect of altering the purpose and interest of the Zoning Ordinance. Windwalker Subdivision Exhibit F ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 11/03/05/,"17 PM ~~~~~~E~i~k~:8~~ST 6F III [11111I111111111111111111111111111 Meridian City 105166616 CITY OF MERIDIAN AMENDING ORDINANCE NO. 05-1192 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-030 WINDW ALKER SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NW ~ OF THE SW ~ OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICA TION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TffiS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX CO.M.MISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: John and Glenda Shipley. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and re-zone said property. AMENDED ANNEXATION OF AZ-05-030 WINDW ALKER SUBDIVISION Page 1 of3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission ofthe State ofIdaho. SECTION 9. 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 29t:.. day of {)c:h;;~ ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z5.f~ day of t9c:ht-~ ,2005. Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this ~y of f) (+0 bvu , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAM1vfY 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) ..G...~lII... .~.~9.n_~4(;. .o~~OT~~~:.. 11 , ~. : { : : III , I . ~. \, ~l l .~~ ~.. .0$ .- Jh tV} fl7 J;n( V/0 NOTARY PUBLIC FOR IDAHO RESIDING AT: I11L tk;vL Jof MY COMMISSION EXPIRES: /0-1 S-(( AMENDED ANNEXATION OF AZ-05.030 WINDW ALKER SUBDIVISION Page 3 of3 EXHmIT A Windwalker Subdivision AZ-OS-030, PP-05-030 Legal Description DESCRIPTION FOR PROPOSED WIND WALKER SUBDIVISION May 12,2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SW 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY. IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20 T. 3 N., R.1 E., B.M., MERIDIAN, ADA COUNTY. IDAHO; THENCE N 00'44'50" E 1327.40 FEET TO THE SOUTH 1/16 CORNER. THE SOUTHWEST CORNER OF THE NW 1/4 OF SW 1/4 OF SAID SECTION 20; THENCE S 89049'11" E 45.00 FEET TO THE EAST RIGHT OF WAY OF S. LOCUST GROVE ROAD, ALSO BEING THE NORTHWEST CORNER OF SHERBROOK HOLLOWS SUBDIVISION NO. 4.THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE N 00.44'49" E ALONG SAID EAST RIGHT OF WAY 194.95 FEET TO THE SOUTHWEST CORNER OF INGLENOOK SUBDIVISION; THENCE S 89051 '08" E ALONG THE SOUTH LINE OF SAID INGLENOOK SUBDIVISION 1049.72 FEET TO A POINT ON THE WESTERLY LINE OF T ARAWOOD SUBDIVISION; THENCE S 41"50'37" E ALONG SAID WESTERLY LINE 263.21 FEET TO A POINT ON THE NORTH LINE OF SAID SHERBROOK HOLOWS SUBDJVISION NO.4; THENCE N 89"49'11" W CONTINUING ALONG SAID NORTH UNE 1227.85 FEe:T TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; THIS SUBDIVISION CONTAINS 5.10 ACRES. MORE OR LESS. ~'t\~\.~ ~~"\ST t! ~ ,~ WAYNEK.BARBER, .Q;;: 8144 ".. ~; P.L.S.8444 II, \\":~ 51Iil~/~-; , ~>?if~~~'~~ i -l I I I I ,,~ //----;<; J-===~ " A /~\.J\:.(r I /r " /q,v~ ~~ry : I /\ ~o ,,(...:~ r - - - -i -I \ /,~P ..~~ I I \ 4.(~ I r I }<<~, ~ L---i '0 : / / I I Z y/ / I :----1 ~ .,.// .-::::..: II f I ~ "" ...:;.- \ ':t /.-;.:.-\ \\ ~ }- - - -j u.I ( '\ _)>---'1 z I ~ \ i ------(> ..<---~~ ~ : / / ",- t : \ (r --'--"'1 ~ r ~ f-------1 i i : il ",: ----T-_ I J I :-------1 cr. ~r I -__/__ ~------' : : - ~ fJ, ! I : ~~~-:::::'-=~-1 ~--i--Ji ~ ~l' r f f : : 'I ;; Iw ~ 1:; -----'-----"---_L____ : ---- ___J r:! ~--..g--~~ ~ :}----i&~~V-12'~::!~~~~-.:.~-- r 10, I :l I!r' 0 r-------., I ~'-----T- : :w:: '. ill Id 1 : iiI': I l-------Jm: L--~--1 ~ ~ ,---.----i r 01 \ : i !~!! ~ I ~ ; 0 i! ~ ! __ : I 1.1 I ....l J a.. ~---~----i 1 a::, 'r---\ ~-------~ WI ~---~-- I I ~ : 1 ~\ \ ! I:: - I '') i !~i \ I I r I I I -___.1__-\ \ \ \ r------l ! r------1 r ~ \ '\ \vJ : i i ii, _____{,__~, \ _< L -i 1 I--------i t ~ 0 \ '( r : ------ i ! :, , j1 ~ \ \ { I ! I \ I I li-----w---1ffi I 1 L----__-I I ~------1 r 15 :t lii2 J I i i ! i w ?" , i "~i f-- l::==LLt:~-1L ~~:~:~Jh~ = - . - . - . - . - . - . - , - .!i6~lIT 3:6r.'tr.oO N gffi .01'lZ~~ 3.0~.#'.oo II _I.., ~ a'V'o~ :3t'\O~D LsnOOl 's::;;:~ J- -1 I- 5 !t~. ~ a. 1:'"'" ~ ~ :: z =::;. [jj ~ 0: in ~tll]h ~ 0 ~! j~~ w ~ 15 ~ :S'Q.g' ~ ~ ~ i {'~i ! :i 0. ~ !:1 I nu i ~ ~ z ~ 0 ~ W Z~ ?- m OA r E-1e:;~ x ~~oo w Z m 0 ~ ~~~ ~ ""~~ g'<l" W Z Z ~ <( A Z ; BEFORE THE MERIDIAN CITY COUNCIL C/C October 25, 2005 IN THE MATTER OF THE APPLICATION OF LINDA YANKE FOR APPROVAL FOR A REDUCTION IN PLATTING REQUIREMENTS FOR A SHORT PLAT TO CREATE ONE (1) 1.01 ACRE PARCEL AND ONE (1) 2.23 ACRE PARCEL IN AN APPROVED I-L ZONE LOCATED NORTH OF WEST FRANKLIN ROAD AND EAST OF LINDER ROAD CASE NO. RP-05-001 ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLA TTING This matter coming before the City Council for Reduction in Platting approval pursuant to Meridian City Code S l2-3-1.B for a short plat to create one (1) 1.01 acre parcel and one (1) 2.23 acre parcel, and the Council finding that the Administrative Review is complete from Joe Guenther, Associate City Planner for the Planning and Zoning Depmiment, dated: Hearing Date: October 25,2005 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by Linda Yanke, is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor and City Council, from Joe Guenther, Associate City Planner, for the Plmming and Zoning Department, dated: Hearing Date: October 25, 2005 ORDER OF CONDlTrONALAPPROVAL OF REDUCTION IN PLATIINGFORA SHORT PLAT TO CREATE ONE (t) LOt ACRE PARCEL AND ONE (I) 2.23 ACRE PARCEL BY LINDA YANKE (RP-05-003) Page I of3 listing 6 Conditions of Approval, a true and correct of which is attached hereto marked Exhibit "A", and consisting 3 pages, and by this reference incorporated herein. 2. The Record of Survey (ROS) upon which there is contained the ce1tificate and signature of the City Engineer verifYing that the drawing meets the City's requirements shall be signed only at such time as: 1. The ROS dimensions are approved by the City Engineer and; 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. 3. The applicant shall comply with the conditions as set forth in the Memorandum from the Planning and Zoning Department as set forth in Exhibits "A" and "B" respectively. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 967-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLATIING FORA SHORT PLAT TO CREATE ONE (1) 1.01 ACRE PARCEL AND ONE (I) 2.23 ACRE PARCEL BY LINDA YANKE (RP-05-003) Page 2 on after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2 S -t-h day of 0 r-\-n hix" , 2005. By: \\\\\\\\\1 I \\\\\-{ Of Attest: ~~'& ~." ,f" ,'0 \ (\ \\ l 7-J.1\ n \; r(\ . \r'-~ ~ \ \ l~ (ll~~ \ \..;C. [;> ~- William G. Berg, J1'., City erk.. '-=:. ~ ~u.s ,Qi jJ ,~- . . \~~.~ r 15'\ . f)~ /", . Copy served upon ApplIcant, the Plarullng and Z0{1h'fgOO~'tfrkr.tertt, PublIc Works Department, and City Attomey. I"" By: 8hC{/l{h~I/'~ City Clerk's Office 11-09 -()c:; Dated: ORDER OF CONDITIONAL APPROY AL OF REDUCTION TN PLATTING FOR A SHORT PLAT TO CREATE ONE (I) I.O! ACRE PARCEL AND ONE (J) 2.23 ACRE PARCEL BY LINDA YANKE (RP-05-003) Page 3 of 3 BEFORE THE MERIDIAN CITY COUNCIL C/C October 25,2005 IN THE MATTER OF THE APPLICATION OF LEE KALLENBERGER FOR APPROVAL OF A SECOND ONE- YEAR TIME EXTENSION TO COMMENCE WORK ON THE APPROVED CONDITIONAL USE PERMIT LOCATED AT THE NEC OF WEST FRANKLIN ROAD AND NORTH WEST 10TH STREET CASE NO. TE-OS-009 ORDER REMOVING AN APPLICA TION FOR A SECOND ONE- YEAR TIME EXTENSION The City Council having removed the application for a time extension for approval of a second one-year time extension, during the hearing held in front of the City Council on October 25, 2005, the removal is hereby accepted and the matter is dismissed. The applicant may submit an application for a certificate of zoning compliance application and the fees for the time extension application shall be applied towards the fees for the certificate of zoning compliance application. By the action of the City Council at its regular meeting on the 2S-t'" day of o MrJ hf'" v ,2005. DATED this 2~~ day of Or-\-Dr\'f'Y ,2005. ORDER REMOVING AN APPLICATION FOR A SECOND ONE-YEAR TIME EXTENSION (TE-05-009) Page 1 of2 Attest: '\[\MlJ'Il\f,,~ t o/\-lil? t:h.vtclL.x;~~ .. Y~<Wr ,. ,R. 0 j -William G. Berg., City Clerc I.) ~... ~ f"\-.. 15 ~rt......,,, ../....I/I~~lJNT"l \\\,\"'" Copy served upon Applicant, Planning and Zoning D~i:H.lll:1W~nt, Public Works, and the City Attorney. BY: ShCU'tOVl ~lj~ City Clerk's Office Dated: 11- ocr u:) ORDER REMOVING AN APPLICATION FOR A SECOND ONE-YEAR TIME EXTENSION (TE-05-009) Page 2 of 2 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICA TION OF ENGINEERING NORTHWEST, LLC FOR FINAL PLAT APPROVAL FOR 12 COMMERCIAL BUILDING LOTS AND 2 COMMON AREA LOTS ON 4.65 ACRES IN AN L-O ZONE LOCATED EAST OF NORTH LINDER ROAD AND NORTH OF MCMILLAN ROAD IN A RESUBDIVISION OF LOT 2, BLOCK 4 OF PARAMOUNT SUBDIVISION NO.1 AND A PORTION OF THE SW 1;4 OF THE NW 1;4 OFT. 4N., R.IW., SECTION 25 C/C October 25, 2005 CASE NO. FP-05-062 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to UDC 11-6B-3 on October 25, 2005) and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Plmming and Zoning Depm1ment, and Michael Cole, Development Services Coordinator for the Public Works Depm1ment, dated: Hearing Date: the preliminary plat the Council takes the following action: October 25 ,2005, to the Mayor and Council, and the Council having considered the requirements of IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT VILLAGE CENTER SUBDIVISION / (FP-05-062) Page I of 4 1. The Final Plat of "PLAT SHOWING PARAMOUNT VILLAGE SUBDIVISION LOCATED IN A RESUBDIVISION OF LOT 2, BLOCK 4 OF PARAMOUNT SUBDIVISION NO.1 AND A PORTION OF THE SW ~ OF THE NW ~ OF T. 4N., R. 1 W., SECTION 25, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITIENDATE: 09/01/05, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC", PARAMOUNT DEVELOPMENT, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Healing Date: October 25, 2005, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Engineering N0l1hwest, LLC, a true and conect copy of which is attached hereto marked Exhibit "B" and consisting of2 pages, and by this reference incorporated herein, and the additional requirements f1:om the action of the Council taken at their October 25, 2005meeting as follows, to-wit: 1.1 Adopt the RecOlmnendation of the Central DistIict Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT VILLAGE CENTER SUBDMSION / (FP-05-062) Page 2 of 4 approved by the Idaho Deparhnent of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stonnwater disposal and design a stonnwatermanagementsystem that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stonnwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Enviromnental Quality, July 1997. 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT VILLAGE CENTER SUBDIVISION / (FP-05-062) Page 3 of 4 Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue, A request for a regulatOlY takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2 Sih day of 0 C. Tobe.v- ,2005. Attest: By: 3htU1 iYl ~~l1il City Clerk's Office 1/ - Of -D$'" Dated: ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR PARAMOUNT VILLAGE CENTER SUBDNISION / (FP-05-062) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAR'llvlENTS STAFF REPORT STAFF REPORT: Hearing Date: October 25,2005 Transmittal Date: October 20,2005 TO: Mayor & City Council FROM; Sonya Watters, Assistant City Planner Stv Michael Cole, Development Services Coordinator r'Y\ C SUBJECT: Paramount Village Center Subdivision (fka Julie Subdivision) Request for a Final Plat Approval of Paramount Village Center Subdivision Consisting of 12 Commercial Building Lots and 2 Common Lots on 4.65 Acres in an L-O Zone by Paramount Development, Inc. (File# FP-05-062) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Engineering Northwest, LLC, has applied for final plat approval of Paramount Village Center Subdivision&a Julie Subdivision. This subdivision consists of 12 commercial building lots and 2 conunon area lots on 4.65 acres in an L-O zone. Paramount Village Center Subdivision is located 011 the east side of N. Linder Road, approximately 12 mile north ofW. McMillan Road, in the NW ~ of Section 25, TAN., R.I W. A Conditional Use Permit (Planned Development) was approved for this subdivision that aUowed for a reduction to the minimum standards for the following: street frontage (from 50-ft. to O-ft.) and building setbacks (side setback from 5-ft. per stOlY to 5-ft and rear setbacks from 20-ft. to 2-f1.) measured from the property line. The preliminary plat findings also required that a minimum 20-ft. wide rear building setback be maintained for the two lots that abut the northem propeliy boundmy and allowed for reduced rear setbacks for the rest of the building lots as shown on the approved preliminary plat. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Paramount Village Center Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUmEMENTS 1. Applicant is to meet all terms of the approved development agreement (Inst. No. 103137116), annexation (AZ-03-006), prel iminary plat (PP-OS-O 11), and conditional use pennits (CUP-03-008 & CUP-OS-013). 2, The applicant has indicated that the Paramount Homeowners Association wiU own and maintain the pressure irrigation system within this development. However the construction plans show no design for it. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as p31i of the development plan review process, and a draft copy of the Exhibit "A" FP-05-062 Paramount Village Center Sub FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT pressurized irrigation system Operations and Maintenance manual must be submitted prior to plan approval. 3. If the pressurized irrigation system is going to be installed around the perimeter of this development, then a 10-foot wide public utilities, drainage and irrigation easement shall be dedicated along the perimeter of this project via plat note, If the pressurized irrigation system is to be run internally than appropriate easements shall be shown on the face ofthe plat. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or wel I source is not available, a single-point cOlUlection to the culinary water system shall be required. If a single-point cOlU1ection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. Fencing must be in compliance with UDC 11-3A-6 and ll-3A-7. 6. Sanitmy sewer service and municipal water to this site shall be via stubs from existing mains in W. Cayuse Creek Drive and Linder Road. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service, 7. As each lot develops a drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord, 557, 10-1-91) for all off-street parking areas. StOlID water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necess31Y applications with the Idaho Dep31tment of Water Resources regarding Shallow Injection Wells. 8. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing tIus document. 9. The landscape plan, prepared by The Land Group and dated 214/05, shall be revised as foHows: Correct the landscape buffer width along N. Linder Road (Lot 2, Block 1) to match the plat (width should be 35-ft.) b. Correct the width of the future right-of-way lot (Lot 1, Block 2) to match the plat (width should be 23-ft.) Sidewalk along N. Linder Road shall be constructed a minimum of 41-ft. from the centerline of the right-of-way, a minimum of 5-ft. wide and tie in with the existing sidewalk on the south. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer Exhibit "A" FP-05-062 Paramount Village Center Sub FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 10. Revise or add the following note(s) on the face of the plat dated 9/1/05, prepared by Engineering Northwest: (2.) "Lot ;t. 1, Block 1 is a non-buildable lot to be owned by the developer or assigns for possible right-of-way acquisition and maintained by the Paramount ~cl I-Iemse" nor's Business Owner's Association." (8.) "Direct lot access to N. Linder Road and W. Cayuse Creek Drive is prohibited~ s]38sifiealI:, aIle ea 8:' the ^ aa CSI:lRt) High a:, Distriet aml the Cit) efHericliaH." (9.) Complete recorded instrument number (12.) Add note: "Lot 2, Block I is a non-buildable conunon lot to be owned and maintained by the Paramount Business Owner's Association." 11. Please submit a copy of the Ada County Street Name Committee's "Pinal" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 12. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incOlporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 13. Complete the Certificate of Owners. 14. Staffs failure to cite specific ordinance provisions or terms of the approved development agreement, preliminaty plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2, Water system shall be approved and activated, fencing installed, and the Pinal Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of ] 10% shall be required for all uncompleted fencing, landscaping, amenities, pressurized in-igation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit "A" FP-05-062 Paramount Village Center Sub FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. All grading of the site shall be preformed in confOlmance with MCC 11-12-3H. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street fmish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. ] O. Coordinate fire hydrant placement with the City of Meridian Public Works department. 11. Applicant shall be responsible for application and compliance with any Section 404 Pelmitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 13. All development features shall comply with the Americans with Disabilities Act and the Pair Housing Act. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Village Center Subdivision with the above stated comments and conditions. Exhibit "A" FP-05-062 Paramount Village Center Sub FP.doc PAGE 4 Enf!ineerinJ! tvorthWest, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 .. Fax. (208) 376-5556 October 24, 2005 Mayor and City Council City of Meridian 660 E. Watertower, Suite 200 Meridian, ill 83642 Re; File No. FP-05-062 Paramount Village Center T am writing on behalf of Our client, Paramount Development, Inc. who has indicated to us their acceptance of the conditions of approval as outlined by staff's October 20 memo for the above referenced. Our response to the City's Site Specific Comments for this project is as follows: Site Specific ReQuirements 1) All terms ofthe approved Preliminary Plat (PP-05-0 11), Conditional Use Permits (CUP-03-008 & 05-013), Annexation (AZ-03-006) and Development Agreement (Inst. No.1 03137116) will be met. 2) The Paramount Homeowner's Association will own and maintain the pressure irrigation system within tills development. 3) Appropriate easements for the pressure irrigation will be identified on the final plat. 4) An irrigation well will be continued for use as a secondary source as in previous phases. 5) Agree. 6) Sewer and water mains will be constructed through this phasc of development by COlll1ecting to existing extensions from previous phases. 7) Drainage for the interior lots will be developed for the entire site rather that for each individual lot. All storm drainage will be coUected and disposed of via subsurface seepage trenches. 8) Any waterfsewer mains outside of a public right-of-way shall be in a 20-foot easement prior to request for plat signature. 9) The landscape plan shall be revised as requested. 10) Face of plat - Notes will be modified I added as outlined. II) The Ada County Street Name Committee Final letter will be submitted to the City of Meridian prior to signature by the City Engineer. 12) There are no wet ponds proposed for this project. 13) The Certificate of Owners 'Nill be completed prior to final plat signature. 14) Agree. General Reauirements The developer agrees to all the general requirements contained in the staff report dated October 20, 2005. Should you have any questions or need anything else feel free to give me a call. Thank you, ~te;?L Xc: Peter Oliver, Paramount Development