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Home My WebLink About2000 05-23 MERIDIAN CITY COUNCIL AGENDA MAY 23,2000 @ 7:00 P.M. CITY COUNCIL CHAMBERS Roll-Call: x X Tammy deWeerd X Ron Anderson X X Mayor Robert Corrie Cherie McCandless Keith Bi rd Reaular Aaenda 1. Development Agreement: AZ 00-005 Request for annexation and zoning of 20.26 acres for proposed Stratford Park for residential and professional offices from R- T (Ada County) to R-8 by Howell Murdoch Development Corp: Approve - Resolution No. 322 2. Ordinance No. 875: AZ 00-005 Request for annexation and zoning of 20.26 acres for proposed Stratford Park for residential and professional offices from R- T (Ada County) to R-8 by Howell Murdoch Development Corp: Approved 3. Public Hearing: Residential curbside recycling program with new rate schedule and a monthly household hazardous waste collection program by Sanitary Services Company: Attorney to prepare Ordinance 4. Resolution No. 320: Repeal Resolution No. 140: 5. Resolution No. 321: Policy Regarding Overtime Compensation: 6. Department Reports: A. Mayor Robert D. Corrie: 1. Appointment of the Deputy City Clerk: Approve Shelby Ugarriza B. City Engineer - Gary Smith 1. Easement Agreements for Five Mile Creek Parallel Pipe: Approve Resolutions 323 and 324 May 23, 2000 - Page 1 Materials presented at pUblic meetings shall become property of the Meridian City Council. MERIDIAN CITY COUNCIL AGENDA Roll-Call: TUESDAY, MAY 23,2000 @ 7:00 PM CITY COUNCIL CHAMBERS X Tammy deWeerd ~Cherie McCandless IRon AndeXrson Keith Bird ~ Mayor Robert orrie 1. Development Agreement: AZ 00-005 Request for annexation and zoning of 20.26 acres for proposed Stratford Park for residential and professional offices from R- T (Ada County) to R-8 by Howell Murdoch Development Corp: tUl/)iYJI/e- j!ef ~ "'-6:Pf 32-Z 2. Ordinance No. g17' : AZ 00-005 Request for annexation and zoning of 20.26 acres for proposed Stratford Park for residential and professional offices from R- T (Ada County) to R-8 by Howell Murdoch Development Corp: ~ v.e-- 3. Public Hearing: Residential curbside recycling program with new rate schedule and a monthly household hazardous waste collection program by Sanitary Services Company: a--t~ 10 ~/tVLe- trl~ 4. Resolution No. :120 : Repealing Resolution No. 140: 6/ffr~ I/lfL, 5. Resolution No. .3 2-1 6. Department Reports: Policy Regarding Overtime Compensation ~v.e.-- t#f)-'A.. ~ A. Mayor Robert D. Corrie : 1. Appointment of the Qeputy ~ity Clerk: atPrP(ILIL/ SW~1 t{gllyr1zP.- Public Works I BuiYding Department - Gary Smith: B. 1. Easement Agreements for Five Mile Creek Parallel Pipe: E. t.. BRM "\ > Ytf)WnJ ~ L T{J tt~l/<'- y~~ L~tlr L iJ z. /JdA- C~ .hv6dMJ/"--, - ~ ~7 ~ Meridian City Council Special Meeting Mav 23. 2000 The special meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:00 p.m. on Tuesday, May 23, 2000. Members present: Robert D. Corrie, Tammy deWeerd, Cherie McCandless, Ron Anderson, Keith Bird. Others present: Bill Nichols, Gary Smith, Bill Gordon, Will Berg. Corrie: Okay, I'll open the special meeting of the Meridian City Council on Tuesday, May 23,2000, at 7:00 p.m. and have roll-call, please, Mr. Berg. Item 1. Development Agreement: AZ 00-005 Request for annexation and zoning of 20.26 acres for proposed Stratford Park for residential and professional offices from R- T (Ada County) to R-8 by Howell Murdoch Development Corp: Corrie: Okay, Item No. 1 is the Development Agreement, AZ 00-005, request for annexation and zoning of 20.26 acres for proposed Stratford Park for residential and professional offices from R- T (Ada County) to R-8 by Howell Murdoch Development Corporation. Mr. Clerk, do we have the Development Agreement that has been signed? Berg: Mr. Mayor, members of the Council, we do have a signed Development Agreement that I have in my hands. Corrie: Any questions on the agreement, Council? Okay. Bird: Mr. Mayor, I move that we have the attorney - I move that we approve the Development Agreement request for annexation and zoning of 20.26 acres for proposed Stratford Park for residential and professional offices from R- T (Ada County) to R-8 with the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion's made and seconded to approve the Development Agreement, AZ 00-005, on the Stratford Park. Any further discussion? deWeerd: Mr. Mayor, I have some real concerns about this. I don't know if I can approve it. Corrie: Okay, as long as it's only one. deWeerd: I'm just kidding. I wanted to get a reaction. I have no comment. ( Meridian City Council Specia'i Ivlceting May 23, 2000 Page 2 Corrie: I told them, I said, there goes my lunch tomorrow. Any other discussion? Hearing none, Mr. Clerk, roll-call vote, please. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item 2. Ordinance No. : AZ 00-005 Request for annexation and zoning of 20.26 acres for proposed Stratford Park for residential and professional offices from R- T (Ada County) to R-8 by Howell Murdoch Development Corp: Corrie: Item No. 2 is an Ordinance, AZ 00-005, request for annexation and zoning of 20.26 acres for proposed Stratford Park for residential and professional offices from R-T to R-8 by Howell Murdoch Development Corporation. Mr. Clerk, what Ordinance Number would that be? Berg: Mr. Mayor, 875. Corrie: Mr. Clerk, would you read Ordinance No. 875 by title only, please. Berg: Thank you, Mr. Mayor, members of the Council, Ordinance No. 875: An Ordinance finding that certain land lies contiguous or adjacent to the City limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation in writing to the Council; and that said land be annexed into the City of Meridian and zoning designated medium density residential district (R-8); and declaring that said land by proper legal description as described below be part of the City of Meridian, County of Ada, State of Idaho; repealing all ordinances, resolutions, orders or parts thereof or in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay, you've heard the reading of Ordinance No. 875 by title only. Is there anyone from the public that would like the Ordinance read in its entirety? Hearing none, Council, I'll entertain a motion on Ordinance No. 875. deWeerd: Mr. Mayor, I move that we approve Ordinance No. 875, AZ 00-005, request for annexation and zoning of 20.26 acres for proposed Stratford Park and to have the Mayor sign and the Clerk to attest with suspension of the rules. ( Meridian City Council Special Meeting May 23, 2000 Page 3 Corrie: Okay, motion is made and seconded to approve Ordinance No. 875 as stated in the motion by Mrs. deWeerd. Any further discussion? Hearing none, Mr. Clerk, roll-call vote, please. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item 3. Public Hearing: Residential curbside recycling program with new rate schedule and a monthly household hazardous waste collection program by Sanitary Services Company: Corrie: Item No.3 is a public hearing. This is the public hearing of residential curbside recycling program with new rate schedule and a monthly household hazardous waste collection program by Sanitary Services Company. Open the public hearing. Do we have any staff comments at this point? Okay, I'll entertain a representative from the Sanitary Services Company to come forward. Slonaker: Good evening Mayor and members of the Council. I think you've met me before. My name is Nancy Slonaker. I am a citizen of this City of Meridian. I do not work for Sanitary Services Company. I am a taxpayer in this city, and I live in this city, and I became interested in working with this program about 15 months ago when I was asked by Mayor Corrie if I would be the citizen-at-Iarge on the Solid Waste Ad Hoc Advisory Committee, and I said yes I would because recycling for some reason is a passion of mine which started, I think, when I was a child. I grew up in a Pennsylvania Dutch German family, and we never threw anything away. My father died 20 years ago, and it took my mother 20 years to clean out the basement. So following in those footsteps, I was raised that you just didn't throw anything away. About 15 years ago, I made a commitment on Earth Day that I was going to become an avid recycler, and I have been ever since. I moved to Meridian five years ago, and one of the first phone calls I made when I got my phone hooked up was to call down here and find out where I could get my recycling in. The answer I got was we don't recycle here because people don't like it. We tried it and people don't like it. So that kind of got me fired up, and ever since I've been trying to do something about it. So when I had this opportunity 15 months ago to get on this committee, I jumped on it because I felt like I wanted to do something positive for my community. We've been here talking to you for the last few months about how this program would look, and tonight I think we are at the point where we're looking for a commitment form the people of Meridian and the City Council that Sanitary Services can move forward to put together a really nice curbside recycling program. Eighty-one percent of all Americans currently recycle. So that's a pretty large percent of them. I think that with the way that this city is growing, we kind of need to jump on that band wagon and join the populous in general and recycle our wastes. I think this is a topic that most people don't really ever think about. People don't want to think about what to do with their trash, but we all make it and we have to do something ( Meridian City Council Special rVieeting May 23, 2000 Page 4 with it. It's not going to go away. I think if anything as time goes on, people are going to generate more solid waste. It just seems to be the way our society seems to be going. To my dismay, I wish it was the other way, but this is something that we all have to deal with, and it's not going to get any less expensive over time to dispose of our waste. It's going to become more expensive as our landfills become more crowded, and as we know, our landfill here is getting full. We have to make some positive decisions about how we deal with that. I believe if Steve will back me up, I think we know that we can divert about 15 percent of our solid wastes with the curbside recycling program. It is not a huge piece, but it is going to eliminate the bulk going to the landfill. The way we've put this program together, and Steve can give you more details when he gets up and speaks, but this is hopefully going to be a win-win situation for the City. The citizens are going to win because we are going to be able to divert trash into the landfill, solid waste, that's the term we like to use. But also there is going to be a benefit to the citizens because the way we've put this program together and the choice that we made a month ago when we talked to you was the commodity revenue, the money that will actually be collected from selling our recyclable materials, that money will directly go back to the City. So I don't know how anybody could be not say yes to this program, because I think it's just going to benefit everybody in general, and it's going to be commodity revenue that's going to be put in to parks or community programs, whatever the Council decides. We do hope that it is earmarked for a specific purpose. We're hoping that the citizens in the City of Meridian are going to be encouraged to recycle because they know that every time they put recyclable materials out, this money is going to go back to the City. The challenge that I think we all have is that people just don't understand how programs like this work. People don't understand that it costs money to recycle. It costs money to do everything that we do in this society, and I mean, I think that if most citizens realize that every time they roll their trash can out to the curb, they're throwing something away, but it's still costing them money to get rid of that. It's just a fact of life that you accept that you have to pay the trashman to take your trash away. Well, it costs money for a truck to drive down the street to pick up those recyclable materials. They have to be transported and that costs money. Sanitary Services is going to have to purchase equipment, recycling bins, they're purchasing trucks, they're paying a driver to go around and pick everything up, and I think the general public has not been educated to the fact that it does cost money to do this. We can make a little bit of money, but we can't make enough money to actually pay for the program. So we are looking at, you know, different fee structures to support this program. As you know, there are many communities around us that are already doing this successfully, and we'd like to be one of them, too. As you know, we did do a survey back in December, January - December '99, January '00, and we did get a very positive response rate. We got a 40 percent response rate of surveys coming back, and 50 percent of the people definitely said, Yes, we do want a recycling program, and another 20 percent said, Yes, we want one, but we don't want to have to pay for it. There, again, I think it just goes back to public education. If people understood how this works, maybe they would ( Meridian City Council Speciallvleeti':l9 May 23, 2000 Page 5 ( change their minds and we would get more people hopping on the bandwagon with us. I think it's just a very responsible program to roll out, and I hope that we'll get a positive vote from you so that we can move forward on this. I'll probably chime in more a little bit later, but I'm going to let you hear your peace, too. Sedlacek: Mr. Mayor, members of the Council, my name's Steve Sedlacek. I met you all many times before. I don't know if we want to rehash where we've been in terms of the options that were presented to you regarding how much this program could cost, what to do with the recycling commodity revenue. We can go into that issue. I think where we're at right now just for those who are here and haven't heard us before, we're looking at a program that will cost $2.10 a month. Six percent of that fee goes right to the City as a franchise fee. The 94 percent comes to Sanitary Service. The commodity revenue that comes out of this program would then be going to Sanitary Service for a very short time.. What our intention is to pay for the household hazardous waste program which would become a monthly event, every fourth Tuesday, our first one today, and the remaining money goes to the City. So this is a proposal not just to do curbside residential recycling, but also household hazardous waste collection. An important program that we need to - we would like. Of course, the other option is not to do any program. I'm not here to say I'm for or against recycling. You know, we'd love to do it if the City wants to do it, but this is the City's choice, and we're here to help you, and we'll implement the program professionally and very well with a lot of public education if you decide to move forward. Just to tell you how the program works, we've got one visual aid here. I'll go through it. (inaudible) these are 14 gallons, 18-gallon bins. Before I do this, let me put that down. Let me introduce a few people here. We've got Dave Neals here. He's the Ada County Solid Waste Director. Rick Gillihan is here from Western Recycling. His company will be taking all the commodities and paying for them or reimbursing us for the value of those commodities. So if you have any questions about why isn't glass collected or why do we only collect certain kinds of plastics, Rick can answer those kinds of questions. Then we've got Billy Cecil here. Billy's our maintenance manager and can tell us all about the trucks that we're going to have to buy and that sort of thing; the productivity of the trucks if we get into those kinds of questions. As far as recycling on a day-to-day basis, everyone gets a bin. You sort your recyclables into basically four paper sacks. In one sack you put your milk jugs and your plastic pop bottles. These are actually from my house. So that's the only kind of plastic that we do. They go into a paper bag. Junk mail goes into another one. We all get a lot of junk mail. Cans go into another one. Those are aluminum cans and tin. Magazines and catalogs, basic glossy literature goes into the fourth paper sack. In the bottom of the bin are newspapers and then below the bin is cardboard. So that's sitting on the concrete with the recycling bin on top. You put that out on your trash day. A separate truck comes and gets it, we sort it into the truck, and then the truck bins are full, we have a particular bin that's full so we can't collect anymore recyclables, we drive the truck to Western Recycling and dump it on Rick's floor, ( ~ Meridian City Council Special Meeting May 23, 2000 Page 6 and he sorts it out and weighs it and pays the City what it's worth. So that's how the program works. If there's any- Anderson: Why are you putting it in the paper sacks? It seems like they're handling twice. You've got it in the bin and you've got to take it out and then you've got to take it out of the sack again. Sedlacek: Well, what happens is there's an opening on the truck, You can take a whole sack like this and shove it in there. You don't want to spend your time throwing one can in at a time. Anderson: You can't do that with the bin? Sedlacek: Well, if we had five bins for everybody, then yes. Anderson: Oh, they're all going into one? Sedlacek: They're all in one bin here. Anderson: (inaudible) if I lost one like it got mixed In my camping gear or something. Sedlacek: If you find your kids sledding in the bin, that's a bad thing. There's- that's not an uncommon use for recycling bins. We would give you a new bin for free. That's all part of the program. If they break, we get you new ones. It's like the (inaudible). If they break, you get one for free. I mean, unless we think that you're really abusing it or something, but I don't know how people could do that. deWeerd: Mr. Mayor, Steve, on the sacks, they're not as commonplace anymore. How do people obtain the sacks? I know how I do because I prefer sacks, but - Sedlacek: people will - this program will start in October, and people will have to be told or educated to go to the stofe and ask for paper, not plastic. Albertson's will give it to you. Fred Meyers will give it to you. You just have to ask for it. WinCo, when your new WinCo comes in, you bag your own groceries. You need to bag with paper. These paper sacks, these I have are from my house. I have probably had them for four or five months. They're getting a little ratty, but they last fine. They don't get thrown away. They get left with the bin. The only exception to that is if it's a super windy day and we feel like these things are going to blow all over the neighborhoods, we'll recycle them. So there might be a few days in the year where your paper sacks are gone. That's because we've made that decision that it could be more of a mess if we left them. deWeerd: Have you been talking with Albertson's and Fred Meyers to kind of forewarn them that this is coming up? ( Meridian City Council Special -'oI.eeting May 23, 2000 Page 7 Sedlacek: We have not - depends on what happens tonight. That was an important part of the Boise program, and it will be - we will talk to the store managers about it. They should expect a run on their paper sacks. That's- they'll accommodate us. That shouldn't be a problem. We have many months to get ready for this. Bird: Mr. Mayor, Steve, this is going to be on our regular pickup day? This will also be picked up that same day? Sedlacek: Yes, sir. And I guess as far as the implementation schedule goes, we've talked about having the public hearing in May so that we could order equipment if you so choose to move forward with the program, and we'll start the program in October starting the fiscal year. Just a couple things that are going to occur in October that we need to bring out. If we decide to go forward with this program, that's an additional fee on everybody's bill. Everybody that currently gets charged $7.20. We're to get an additional $2.10 out of everyone's bill. The other thing that's going on on October 2nd is our contract to the City, we have a cost of living allowance which is going to be two or three percent, but that's after we remove the disposal fee part of our bill or our - of the $7.20, we take out the disposal fee part. So that leftover chunk goes - it will be escalated by two or three percent. Also, there may be a landfill increase in the fall. Landfill's running out of space, so there may be - there will be if you want to move forward with this, more than the $2.10. I just want to make everyone aware of it. These are all things - we don't control the landfill. The cost of living is just an issue we all deal with every day, and the increase in cost of living, and, of course, adding the program, household hazardous waste and recycling takes money. I guess two more things I wanted to bring up just while we're here in the public hearing. One was the City of Boise's program. We got a lot of comments that it's cheaper to recycle in Boise because you get a dollar off of your bill. If you're in Boise and you recycle, ,you pay $7.35 a month right now. If you don't recycle, you pay $8.35. They're in essence giving you this rebate. That's what everybody thinks, but that's not true. What happened was the City of Boise started recycling, they added $1.80 to everyone's bill. It went from $5-something - $5.15 to $6.95, and it's gone up a little bit since. If you didn't recycle, they penalized you. They charged you an extra dollar. It was meant to be a penalty for those who don't recycle. But now everybody thinks that it's cheaper to recycle. It doesn't. The fact of the matter - or it isn't. The fact of the matter is just looking at this - the Ada County numbers from last year from BFI, they received in commodity revenue about 12 cents per house per month. That's what it's worth. The aluminum and newspapers. But it costs about $2.00 to run that truck down the road per house per month. Intuitively, this makes sense because if I could pick up everybody's recyclables and break even, I would never even come to you guys. I'd do it. I'd be doing it 1 0 years ago if I could make a nickel doing something, I'd try it. But it's got to be subsidized, and that's the deal. One of the things about recycling programs, and you can look at these numbers for fiscal year '99. There are some commodities that generate revenue. Newspapers, Meridian City Council speCia(..:eting May 23, 2000 Page 8 aluminum cans. You get money. To get rid of plastics, you've got to pay money. To get rid of cardboard boxes, you've got to pay money. So the way the recycling program works, some things generate revenue, some things reduce that revenue. But in total, you need to do the whole spectrum. Not just cherry- pick the best ones and just have a one- or two-commodity recycling program. What you don't want to do is pick so many that your revenue is diluted so you really don't get any commodity revenue. This - newspapers in 1999 were paying $18.20 a ton, and last month they were over $75 a ton; is that right, Rick? Something like that. So that's some big money. If you're the receiver of that commodity revenue, there's a huge amount of commodity revenue. Now that might go to zero next month. (inaudible) NASDAQ stock market (inaudible). So anyway, that's really all I had. If there's any questions, I'll be happy to answer them. Open it up further. Corrie: Okay. This is a public hearing. Is anyone here that would like- to issue testimony on this curbside recycling program? Okay. Bockleman: This is just a real quick comment. I work at the Meridian Library. We subscribe to something like 1 00+ magazines. Every once in a while we weed these out, and I hate to see them go to the dump. It just - you know. We do recycle a few into nursing homes and that kind of thing, but there are some that are not good for anything after the one month it came out. I just would like to say Yay, go for it. One question - no glass recycling at this point? Corrie: Anyone else? Yes, sir. Bockleman: May name is Larry Bockleman. I just have a quick question. You say junk mail. We have a shredder, and we do a lot of shredding. Well, how would be package that so it doesn't blow away on those windy days? Corrie: Good question. Sedlacek: I guess I'll turn it over to Rick to answer the glass question which a lot of people ask and also the paper. Gillihan: My name is Rick Gillihan, I'm the general managing partner with Western Recycling. To answer the gentleman's last question about the shredded paper, my suggestion would be to package it in a brown paper bag and (inaudible) and just throw the whole bag and everything because that goes to a mill that can handle the items as well as the mixed bag. In response to the glass question, we still take some glass, and we're probably the only ones in the state that do it on any kind of a basis. There are a few operations that take in some glass and grind it for sandblasting and things of that nature. But because of the amount and volume, we continue to send it to consuming glass mills (inaudible) on the coast. We do it as a public service more than anything else. We don't encourage people to bring it to us, but if they want to bring it into us, we feel like (- Meridian City Council Special Meeting May 23, 2000 Page 9 we're obligated to take it as part of our services. You know, right now, with glass, I sell it to a glass mill like $3 to $10 a ton for this stuff. That's delivered into Portland. My freight costs alone are $24 a ton, so any labor, time, sorting that we put into it above and beyond that is just an added deficit for us. So it's something that we try to stay away from at this point in time. I don't know whether it will ever become a viable commodity again. I think the jury's still out on that because we see plastic become more and more proliferated. My suspicion is that glass market sure continues to dwindle, and unfortunately, that's the reality of it. I don't know whether it will ever change. That's something that remains to be seen. If it does, we're certainly more than happy to add that to our active commodity list again. At this point in time, it's not a good thing to do. Corrie: If we went to collecting glass and it costs you $24 to get rid of it and you're only getting $8, we would be adding to your loss of revenue. Gillihan: Exactly. It's like Steve said. It would have to be subsidized through lower pricing on something else. It's a doable thing, but sometimes even (inaudible) evaluated on a case-by-case basis. Corrie: Thank you. Anyone else that would like to testify? Okay. Council, questions of the applicant, people. Bird: I have none. McCandless: Mr. Mayor, Steve, did you include newspaper and that (inaudible) magazines? Sedlacek: (inaudible) deWeerd: They're on the bottom. You put your sacks on top of them. remember the sequences. Bird: Cardboard, you sit the bin on it. Corrie: Okay, any other comments? In that case, I would entertain a motion on the public hearing. Bird: Mr. Mayor, I move that we close the public hearing on the recycling program. McCandless: Second. Corrie: Motion made and seconded to close the public hearing on the recycling program. Any further discussion? Hearing none, all those in favor of the motion say aye. ( Meridian City Council Special Meeting May 23, 2000 Page 10 MOTION CARRIED: ALL AYES Corrie: Discussion, Council? Motions? Have the attorney do his thing. deWeerd: I have no comment. Bird: Ordinance. Prepare an Ordinance. Corrie: Prepare an Ordinance. We don't need the Findings of Facts on this one, just prepare an Ordinance? So we just need to have an Ordinance prepared by the attorney. Okay. deWeerd: Mr. Mayor, I move that we instruct the City Attorney to draw up an Ordinance to approve the new rate schedule on monthly household hazardous waste and residential curbside recycling program. Bird: Second. Corrie: Motion made and seconded to have the attorney draw up the Ordinance for the curbside recycling program. Any further discussion? Hearing none, Mr. Berg, will you give the roll-call vote, please. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES deWeerd: Mr. Mayor, it might help if Steve could work closely with our front office. They're the ones that will be taking probably most of the phone calls on this and making sure that we really get the education out about the rates and that sort of thing. Corrie: Just in case, Nancy and Steve, I've got an office set up for you with a phone there and you can answer those questions that come in for the next 50 to 75 days. If it's longer I still have the office. deWeerd: Let's just forward our calls to your office. Bird: I think we can solve a lot of that by how well we present it to the public before October 1st. There's no reason that it can't be once this Ordinance is out it can't be put out in the papers, right Frank? Explain it and I think you'll solve a lot of your phone calls right there. Howard: Leslie Howard, Billing Manger with the City of Meridian. I think that if we educate our children through the schools, and we talked about that in our Solid Waste Committee meetings that (inaudible) I think the kids will educate their parents, and we (inaudible) as well as sending out information with the bills. ( Meridian City Council Special Meeting May 231 2000 Page 11 deWeerd: You need to recruit this Mrs. Nordquist who had a 4th grade class write letters supporting recycling help you with that. Sedlacek: We responded to every one of those letters. (inaudible) Corrie: Thank you. 4. Resolution No. 320: Repeal Resolution No. 140: Corrie: Item No. 4 now is a resolution repealing Resolution No. 140, so this resolution will be number what, Mr. Berg? Berg: 320. All right. Resolution No. 320, repealing Resolution No. 140. This is a resolution of the City Council of the City of Meridian setting forth certain findings directive to the Treasurer and repealing City of Meridian Resolution No. 140 concerning revenue of funds for building expansion and improvement. Council has had - have you had a chance to read the prepared Resolution No. 320? Okay. I will entertain a motion on the Resolution No. 320 to repeal Resolution No. 140. Bird: Mr. Mayor, I move that we approve Resolution No. 320 repealing Resolution No. 140 for the Mayor to sign and the Clerk to attest with suspension of rules. Anderson: Second. Corrie: Motion has been made and seconded to approve the Resolution No. 320 for the repealing of Resolution of 140 and to have the Mayor sign and the City Clerk to attest with suspension of rules. Any further discussion? Roll-call vote, Mr. Berg. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye 5. Resolution No. 321: Policy Regarding Overtime Compensation: Corrie: Item No. 5 is Resolution 321. This is a policy regarding overtime compensation. Council, have you had a chance to see that resolution? I believe the City Attorney just got us the new one on this. deWeerd: Dated May 18th? Is that correct? Berg: No. Bird: No. Dated today, May 23rd. We just got it in our baskets today. Mr. Mayor, on this, after talking to the Human Resources and the Clerk and with the ( Meridian City Council Special Meeting May 231 2000 Page 12 ( approval of Mr. Nichols, No. 2.A., we would like to add at the very end "as per current union contract." Corrie: Okay. Bird: If there's no discussion, I would move that we approve Resolution No. 321 with the suspension of rules and for the Mayor to sign and the Clerk to attest with the addition of 2.A at the bottom as stated. deWeerd: Second. Corrie: Motion is made and seconded to approve Resolution No. 321. Resolution setting the policy regarding compensation of overtime. Any further discussion? Anderson: Mr. Mayor, just a question for our legal counsel. I think adding the words "as per current union contract" could be confusing. The current contract that's in effect right now today may not be the one that's in effect three years from now. But our language in this article already is the exact same language that - as in the union contract. So you'll have one language in here and if the union contract changes a couple years from now, you almost have contradicting statements. Nichols: Mr. Anderson, Mayor, members of the Council, I think that potential for confusion would exist whether this language was in here or not if the future union contract changes. I think the important thing is that when the next firefighters' contract is negotiated, and that tentative contract comes before the Council, then it's subject to Council approval at that time. So to the extent that this is inconsistent with that future contract, that future contract would override it. So the purpose for putting notes Fire Department personnel in this was to set out what the current policy was on overtime for all members or employees at this time. I think if it changes in the future, it won't make any difference whether we put as per current union contract or not because it will still be inconsistent with what this says if it does change. Anderson: I think there needs to be some clearing up in the language as per current union contract to me and an attorney could probably argue the case, but the current contract is the one that is in effect at the time when this Resolution is adopted. Our language should read something about possibly "or as adopted in the contract that is in effect as of such-and-such date or as of the date" - I think we're asking for trouble. It's going to be a point of contention two or three years from now the way this language is in here or take out all that and just put in the - as per current union contract or the contract in effect at the time of - Nichols: You mean to take out the body of the language, Mr. Anderson? I, Meridian City Council Special ,vteeting May 23, 2000 Page 13 ( Anderson: Yes. I think it's just going to cause some problems. Bird: Mr. Mayor, Ron, even though we're passing on May 23, 2000, ten years from now if this ordinance is still in effect, all these things, unless they have been changed, is done. So all that statement is if you change in 2005, which is current at that time, the union contract, then you're under the union contract. Anderson: But it doesn't say that. It says as per current contract or (inaudible) Bird: Current contract in 2005 is 2005. It's not 2000. Anderson: But it can be interpreted as the contract, the date as when this thing was signed. Bird: But this doesn't last but for 2000 unless we change this resolution every year. Are you going to go back on your sworn law personnel enforcement if we give them a change? Are we going to have to change that every year? Once we make this resolution, all that first A does to me means does the union contract that's negotiated every year or every three years? Whatever we're under that time is what that resolution is under. Nichols: Mr. Mayor, members of the Council, if it would help, let me ask Councilman Anderson if this language would satisfy him. If under A it said Fire Department personnel, colon, as specified in the applicable union contract, period. It would highlight that we would need to look to the contract for what that overtime was whenever it was. Would that satisfy you? Anderson: I think that's more on track of what I'm saying because I think we could have this resolution and our contract at some point in the future, it could be in conflict, and as Councilman Bird talked about, as he interpreted it that everybody interprets something different, and I've experienced that through the negotiation process with them that if they decide if they interpret that differently, then it's a point of contention and we spend hours and hours and hundreds of dollars on legal fees figuring out what the intent was. I would just as soon clarify that at this point than go through that in negotiations. Nichols: Then I would ask Mr. Bird, would that satisfy you? Bird: That's fine with me. deWeerd: Second agrees, too. Corrie: So, under A, it would be Fire Department personnel, colon, add applicable to present union contract. Is that what you said? Meridian City Council SpeciJ...:eting May 23, 2000 Page 14 Nichols: Let me write out the exact language, Mr. Mayor, and I'll make sure that Mr. Bird and the second agree to this. The language would read A, Fire Department personnel, colon, according to the applicable union contract, period. Bird: That's okay with me. Is that okay with you, Tammy? deWeerd: That's fine with me. Anderson: Mr. Mayor. deWeerd: We should have asked Ron. Is this fine with you, Ron? Anderson: You guys are going to love me for this one after the last meeting. As much as I love to argue with Chief Gordon about things, I've spent a considerable amount of time looking at 8-hour and 10-hour and 12-hour and 11- and 12-hour shifts and things like that and maps some stuff out on the calendar, I hate to say I agree with you, Bill, but I would actually like to see us take Item B out and make Item C just say all other personnel and all time worked in excess of 40 hours in a 7 -day work period be paid the time and-a-half, and when you calculate it out over any time period at all, it does not make that significant amount of difference, and if it causes morale problems in the Police Department and it becomes easier for our bookkeeping people, that would be my suggestion. So J'lIleave the room now. McCandless: Mr. Mayor, I whole-heartedly agree with Councilman Anderson. Corrie: Okay, Bill, comments? I can do the commenting for you. I know what's going to come. I'll let you - Gordon: Is there anybody on this Council who doesn't clearly understand exactly where I stand? Okay. Bird: We- Gordon: My whole issue was you guys did this to make everybody the same. Just make them all the same; everybody in the City is a 7 -day, 40-hour workweek. Now, that was my whole argument, Councilman. I agree with you 100 percent, believe it or not. It's on record. Corrie: Thank you. Bird: Mr. Mayor, I have to - Councilman Anderson, I thought we were on a 40- hour, and at the last meeting when you came up and threw in the 160-hour FSLA, and I thought maybe I didn't understand which I don't. I think they ought to work 40 hours a week, 7 days a week, and if they work 41, they get paid one hour of overtime, but if they're off six hours of sick leave or something _ ~r - - ( ( Meridian City Council Speciallvleeting May 23, 2000 Page 15 *** End of Side 1 *** deWeerd: And that is how it's going to work, the new way. Now Cherie says yes and you say no. McCandless: Now, if they work 40 hours a week, they get paid - 42 hours a week, but they've taken 2 hours off of that week for one reason or another, they don't get paid the 2 hours overtime. Gordon: That's correct. It's hours worked, not scheduled. Bird: I tell you, we're making Mr. Nichols some good job security because he's got to go back and rewrite this thing. Mr. Mayor, I pull my motion if the second will pull and I'll make another one. Who made the second? Corrie: Tammy did. deWeerd: Okay. Bird: Mr. Mayor, I move that we have the attorney - we approve the Resolution 321, but we have the attorney re-draft it with 2.A being stated, the Fire Department personnel according to the (inaudible) union contract as only - that's good pronunciation. Section B being completely stricken - Anderson: Paragraph C strike the word - Bird: And Paragraph C to say "all other personnel." Nichols: Point of order. I would simply say just have Item B read: All other non- exempt personnel because your exempt personnel you don't pay overtime. So you simply strike what is currently B and make the existing C the new B, and that's all you have to do. Bird: That's part of my motion from the attorney. This will be effective, for clarification, the pay period of June which starts May 26th. Clear? Chief? Gordon: Mr. Mayor, President Bird, yes. Bird: That's fair? That's what we agreed upon, right? Gordon: That's what the Treasurer is working on, yes, sir. Bird: With that, I'm done. McCandless: I second. ( \. Meridian City Council Special Meeting May 23, 2000 Page 16 Corrie: I'm glad that you had that all other non-exempt personnel in there because I thought I was going to get a raise. I guess not. Okay. Any further discussion? Hearing none, Mr. Berg, roll-call vote on Resolution 321 as we stated for the attorney to draw up. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye 6. Department Reports: A. Mayor Robert D. Corrie: 1. Appointment of the Deputy City Clerk: Corrie: Okay. Mayor Department Reports, Mayor, appointment of Deputy City Clerk. I would like to appoint the name of Shelby E. Ugarriza. She's been with us for almost a year now in Will's office. We had a - here's her resume. We had the Human Resource, the City Clerk and myself interview from in-house. We had two that applied for it. Shelby has been working in that position since October of '99. Very good lady. She gets the job done. She's helped Will. Will, have you got any comments that you want to mention on this one? Berg: Mr. Mayor, just that, members of the Council, we had some pretty good selections from inside the City to choose from, and I think this is a good choice. Corrie: Shelby Ugarriza. That's how it's pronounced. Nichols: Mr. Mayor, since my wife taught with her dad a few years back, it's Ugarriza. Corrie: Thank you, Mr. Attorney. Okay. Berg: And he goes by "Mr. U." Anderson: Mr. Mayor, just a question because I don't know any better, and is it that we're looking for somebody specifically from Will's office? I guess the only thing that bothers me is that the tenure of this person, we're talking about someone who has worked for the City from September of '99, so they haven't even worked for the City a year and we would be putting them into a Deputy Clerk position I guess that would function in Will's absence if he's not here. I mean, it just doesn't seem like a very long enough time to know much of the inner-workings of the City that we have people who work here at City Hall that have much more tenure. Is it something particular to that office that makes sense that we need to have somebody else from that office? Corrie: Actually, nobody else from the City wanted it, too. She's been doing this mainly with Will, and I might add that she's doing a very good job. She's getting Meridian City Council Special Meeting May 23, 2000 Page 17 things in and done, and she has a training also as a court reporter, so she is very good as far as listening to tapes and things and getting them done. She has been helping Will as a Deputy City Clerk without the title. I would recommend her very highly, which I am, because she does get the job done. She does and has helped Will's office considerably as Will knows, and some of you know I've been on his fanny quite a bit for getting things done, and it's beginning to get done. That's no reflection at this point on Will, but it's taking some of the work that he's had and out of his hands, and she's doing a good job. She has had the experience there, and I would - that's why I recommended her for appointment. It isn't a large-paying job, but it's somebody there that can take over when Will's gone and knows where the files are. That's an important part of this as far as I'm concerned. Bird: Mr. Mayor, I would move that we approve your appointment of Shelby Ugarriza as Deputy City Clerk. McCandless: I second. Corrie: Motion's been made and seconded to appoint Shelby as the Deputy City Clerk. Any further discussion? If none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES B. City Engineer - Gary Smith 1. Easement Agreements for Five Mile Creek Parallel Pipe: Smith: Thank you, Mr. Mayor, members of the Council, we've got three easements before you this evening that are for the sanitary sewer line that will be our parallel pipeline for Five Mile Creek Interceptor, and I'm just requesting your initial approval of these easements so that we can get them recorded. Corrie: Any question? Bird: Do we do them separately, Mayor, or all at once? Corrie: You can do them all at once, I think, if you want unless there's any specific ones that you want to pull out. We can do all three of them. Smith: Mr. Mayor, could I have their names read into the record, please? Bird: Mr. Mayor, I would move that we approve these easement for Five Mile Creek Parallel Pipe; agreements with E.L. Bews, the Young Land, Ltd., and the third one is Young Lands, Ltd. Three easement agreements. The Mayor to sign and the Clerk to attest. Meridian City Council Special Meeting May 23, 2000 Page 18 Anderson: Second. Corrie: Motion has been made and seconded to approve the three easements of E.L. Bews, Young Lands, Ltd., and Young Lands, Ltd., as well, for three total. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Smith: Thank you. May I have another moment of your time? I had received a phone call today from Ramon Yorgenson who is a land developer. His company is called Capital Development., Inc. He did the Crossroads Subdivision. He owns a parcel of property that fronts, it's a narrow parcel of property north-south, east-west, I mean, long dimension is north-south. Fronts on the Chinden Boulevard. It's in the very northeasterly most corner of our area of impact. I'll pass out a little drawing for you to look at. This parcel of property is adjacent to the west boundary of Bristol Heights Subdivision which is a Boise area of impact subdivision. The east boundary line of this parcel that Ramon Yorgenson is wanting to develop is the same line for the - it's a separating line between the Boise area of impact and the City of Meridian area of impact. Where I've labeled the lift station, that exists in Bristol Heights right now. That's Boise City lift station. What Mr. Yorgenson is proposing to do is to sewer this parcel of ground into the Boise lift station on a temporary basis. He's going to provide a gravity sewer line south from that lift station that would flow into where I've marked at the very bottom of the development, future gravity sewer line that would flow into our system eventually, and he's also willing to pay the assessment fees for each lot to the City of Meridian as well as the assessment fees to the City of Boise. Boise has agreed to allow him to transfer those fees to another development at such time that he connects to Meridian's sewer line or at least a portion of those fees. So the fees - and that's been one of the things that's been a stumbling block in these border subdivisions is the payment of fees once the switch-over is made. I told him that it was really kind of - I wanted you folks to be aware of what his proposition is. I don't have a particular problem with it as long as he provides the gravity sewer at the south end that we can eventually hook to, and he's willing to pay the fees to us. I don't know if there's a legal problem with that: paying the fees on a future connection. I assume that once you pay the fees, you have the right to connect, but not being in the City I don't know. deWeerd: How are they getting water? Smith: They're probably getting water from the Bristol Heights Subdivision, and I assume that's United Water. Bird: Once they get in there, there's no guarantee they will be - Smith: Well, we would need to have some kind of agreement between the subdivision either in the protective covenants that would say once City sewer is ( Meridian City Council Special-Meeting May 23, 2000 Page 19 there that they will connect, and the fees - if the fees being paid now are acceptable, then that doesn't become an issue. We still do have an issue of the water that we probably need to address also. There will need to be an agreement between the City of Meridian and the City of Boise as far as the treatment of the sewage goes, too, so that at such time they connect to the City of Meridian, then Boise eliminates the need to treat their sewage. So I think we've got a couple of memorandums of understanding, maybe, with the City of Boise and some kind of a language that needs to be in the covenants so that the property owners understand it. They could probably care less as long as the sewage goes down the pipe away from the lot whether it goes to Boise or goes to Meridian. Corrie: (inaudible) something to work out with United Water? We have to meet with them so that they would come under our water system after we get the sewer? Smith: I think it would be a similar situation there, yes. Corrie: We wouldn't do it unless they did? Smith: Well, we're going to have to have some way to charge them sewer, and that's off of the water meter readings. We had a verbal agreement. I don't think there was ever a written agreement with the Aposolitic Church on Meridian and Chinden about a temporary service. That was done on kind of a verbal basis. So that when we get there with our water, they will disconnect with United Water and connect to us. But there was never anything written. So I don't know how far that's going to go. Bird: Mr. Mayor, I have a couple questions. The water thing really bothers me because as you've told me, the State Water Board has the final ruling over it. We have areas, but if they get into it, they can move those areas. Second thing, are you willing to get all the other developers out there - are you willing to make the agreements with Boise sewer and water on the rest of them? There are other developments right out there by that that would be happy to do that. It's been brought to the Commissioners' attention. Are we - is that a policy that we want to set? Smith: Well, that is a fair question. I don't know. Bird: I think that once you have water getting in there, you're not going to get an out. I think (inaudible) church thing is going to be a real test. Smith: I agree with you. Bird: I have a doubt that once the sewer gets going in there that I doubt - we might get some fees. I think the court's going to prove that it can't be. I think the (- Meridian City Council Special' Meeting May 23, 2000 Page 20 I { court thing got into this kind of a thing. I don't know. If we are going to do it for this one developer, we better be prepared to do it for everybody out there from Locust Grove east. McMillan to Chinden. You can't treat one parcel any differently than the others. We, as the City of Meridian, we (inaudible) when we did Vienna Woods. Anderson: Mr. Mayor, I think this whole thing just stinks really bad to me, Gary. I don't know why we look at this proposal. When you look at the layout of this subdivision for all practical purposes, it's going to become part of that Bristol Heights. We've done nothing to secure because we can't do spot annexation. It doesn't do anything to help us secure our border. From an emergency standpoint, you might as well give it to Boise. Their access is through Bristol Heights. It makes no sense for the Fire Department to go out of their district, go into Boise's district to gain access into this when police and fire are going to be quicker to service it from the other area. I don't know. This whole thing to try to accommodate this one developer makes no sense to me, and I agree with Keith: All we're going to do is open the floodgates to everybody in that area that is willing to pay these fees, and there's nothing to say that we can't be overturned on it later that would make us keep from paying back fees for our service that we didn't provide. Bird: Mr. Mayor, Mr. Anderson, I don't - looking at your response, our map, I'm not - fire map, I'm not positive that this little lot isn't in Boise's, north Ada. Corrie: I think it's in Ada County. Bird: I think it's in North Ada. I don't think the fire - the fire doesn't have anything to do out there. Corrie: They might. Bird: They might, but I don't know. If you look at the map - Anderson: I don't think North Ada has any land - Bird: Anyway, I think if you're going to do it for one, you better be prepared to do it for all of them or do none. deWeerd: Mr. Mayor, you know, I think when Edinburgh Subdivision came in front of us, we attempted to kind of draw a line in the sand, and this would be again scratching that line out and being fuzzy again. So I agree with the other two Council members that I know he's kind of answering some of the issues that you had, but it still is spot, leap-fragging around and not growing in that orderly and logical way that the engineers like to see us grow. ( Meridian City Council Special' Meeting May 23, 2000 Page 21 ( Corrie: I'd like to give my comment, but I won't. I agree with you 100 percent for a different reason. Bird: Mr. Mayor, I have no problem with bringing it in and helping them, but I mean you just can't pick out one developer and do it. That's what we're seeing here. Until we get our utilities ready, but I don't think this is going to stop. I think that there's enough people out there right now that - and the Commissioners are guaranteed getting pressure. Smith: Okay. I'll take that word back to them tomorrow if that's - that's the consensus of the Council, then, from what I hear. Not any kind of a motion at all. Bird: We don't need a motion. deWeerd: I think those would be our general comments. The only one we haven't heard from is Councilwoman McCandless. McCandless: Mr. Mayor, I'll go ahead anyway. I think we'd be opening ourselves up for trouble, too, since we did turn down Edinburgh project in somewhat of the same area. I would vote against it myself for those reasons. Corrie: Pretty well got your margin, Gary. Smith: Thank you. By the way, Edinburgh is coming back. I guess you're aware of that. Fifty-six lots coming back through the County. Bird: Fifty-two, wasn't it? Smith: Fifty-six. Corrie: They presented it. McCandless: Increased it again? Smith: No. They increased it from the 50 approximate lots, and the County wanted those border lots on the northwest corner that he was going to leave out where the road connects to Vienna Woods. So that is coming back as 56 lots. McCandless: So they're going through P & Z again? Smith: County, yes. deWeerd: But it's still as ugly as it was before us. Smith: Same arrangement. Mr. Mayor, one other thing, next Tuesday on the 30th we have a workshop at the Wastewater Treatment Plant with Planning and ( Meridian City Council Speciar IVleeting May 23, 2000 Page 22 ( Zoning to talk about the sewer and transportation. One of the things that I wanted you to be aware of is we're about three months behind schedule on the White Drain. That's - we've been waiting for a land developer for location of the trunk at the headworks. Basically at Ten Mile Road. We can't get that layout. I just would like your thoughts on this how you want to proceed because I don't know where it is in terms of getting it. I haven't heard. Bird: Is this through the Bews' property? Smith: Yes, sir. Bird: Why don't we just go - we know which way we want to go, don't we? Why don't we just go and let him go around us? Smith: Well, we have to have the easement. We either have to have a signed easement or we have to go through condemnation process in order to get the right to get the line where we want to put it. Bird: It's not getting done? I mean, Brad and I had lunch with him two months ago, and he said it was - I keep getting different stories. Smith: No. We don't have it. I hear rumors, but we don't have the alignment. So we do have a set of plans for his development on the mini-storage that Brad and I are going to talk about in the morning. Those final comments. Pipes on the ground out there for that extension through his mini-storage. It's different pipe than what we specified. It showed up. The pipe supplier is saying he's taking responsibility because the estimator hasn't the ability to distinguish between different names. Anyway, we're going to accept the pipe assuming they can make one more proof type to us and let it go at that. Bird: Is it the specs on the pipe or the brand name? Smith: It's the brand name and right now a spec is in question. If they can verify the specification of the pipe, and if it's the same as what we specified originally, then we'll accept it. Bird: If it got any state - has that got any state or public money in it? Smith: No. Bird: This thing does not have any public money in it? Smith: What he's building is his own money other than he will ask for latecomers agreement and refund as latecomers connect. Bird: So there is going to be state money in it? City money? (~_. Meridian City Council Special Meeting May 23, 2000 Page 23 ( Smith: That money will be paid by people that connect to the system, not the City. I just wanted you to be aware of the status of the projects. Next Tuesday when we talk about sewer system, you'll know where we are on that project. Okay. Thank you. Corrie: Before we leave, I would like you to know that on the web page, other people that we had, the only one that came back was $85 an hour straight time, and I think they're going to talk about the web page being on another system. So if it goes down, our whole City system goes down. The other one, the gentleman, he's never called us back. I called him and he never called us back. If we think about it, we might just discuss it Friday night real quick. Thursday night. They're not calling me back or anything else, and we asked three of them. Bird: Mr. Mayor, I want to let you get out of here in five minutes, but do you know anything about the boundary impact area for Star and Meridian? I have been told, I talked to a Commissioner, and on our northwest corner, I understand that Star thinks we want to give them some stuff south of Chinden. I'm one Councilman that doesn't want to give anything south of Chinden. Corrie: Okay. I talked to Gussie. It was not in our conversation, and I have a call into her that if they want to go south of Chinden that we are not going to approve it, I'm not going to approve it, so I've got another Councilman here. We talked about in our meeting, she came, was a square area around Star which wasn't even close to Chinden nor where they had first done it. I said I would help her get that, but then this other one came back that's in our south of Chinden over to the west, and that was not discussed, and she gave me a letter. If you want to read it, it's in my office, and I turned it down because first off, it's not going to do them any good to call the County Commissioners of what they're saying, and I need to talk to her about edifying her letters and also how to get things done. That's not the way to do it. That was not in there. That's consequently, I'm going to tell her that I don't agree to her letter and I won't support that either. Did everybody get that letter, by the way? Bird: I did not get it. I talked to - I'll be truthful. I thought that Grant was quite concerned that we were - that they were even thinking about coming there. He did not say that you had agreed to it. He just said that you guys better watch out. Corrie: And I saw the letter. I became almost furious because that was not what we talked about. I wasn't going to approve it. Bird: I think he was just trying to tell us heads up. Corrie: Right. The way that she wrote that letter, I'll put it in your box, but that was not the way to win friends and influence enemies. But it is the way to influence enemies. ( Meridian City Council SpeciallVleeting May 23, 2000 Page 24 ( Bird: Mr. Mayor, Clerk's got something. Berg: Mr. Mayor, just to follow up on that, Shari mentioned that at our meeting before about the application of the area of impact for Star. Maybe we can have her bring that up next meeting just to give us an update of what the application is for. Bird: Next Thursday? Berg: Tuesday. Bird: This Thursday is just goal setting. That's going to be us guys. Berg: Next Tuesday when we're at the Wastewater Plant. I'm sure she'll be out there. I don't know what the headline is for our response to the Ada County Development Services when she said that application came up. I know they're in the Committee of Nine, but she said that she had gotten some information from the Ada County Development Services. Bird: This has evidently come out in the Committee of Nine meeting that they wanted this area south of Chinden. Corrie: It did? That wasn't what I was understanding. Bird: That's what I heard. deWeerd: That's what I heard. Corrie: We definitely need to have it clarified to me and to you. As soon as I get the clarification, I'll get it to you, but I'm not going to give her south of Chinden Boulevard because she can't even sewer it. Bird: No. Don't back down. Corrie: I guess that's it. Bird: Mr. Bird, I move that we adjourn. deWeerd: Second. Corrie: Motion made and seconded to adjourn. All in favor say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 8:39 P.M. ( Meridian City Council Special rvleeting May 23, 2000 Page 25 (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: :z , - May 18, 2000 Resolution MERIDIAN CITY COUNCIL MEETING l~ '7 rl APPLICANT Resolution ~ yv May 23,2000 ITEM NO. 4 REQUEST Repeal Resolution No. 140 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: J~ wrr ~ ~VI """" r~~J~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. v_-_~ 1i J- i 1"--"\ ~_, 11i '," -., " " - J.. Qi.,.;J :...-J j....:-A -~- \.' _ ':'l <fl cc: Mayor Robert D. Corrie City Council APR 2 6 2000 l1!n:1-1V {'t;:", ~ -" to. _ _ . .... U J.. '2. ~ i1 it {.-, h~ll "il"" r,'i,.l '-" ..:t.. ,..:.....i....J~... _l ..lU. , From: Wm. F. Nichol Subject: Resolution No. 140 Date: April 21, 2000 Will: One loose end that needs to be taken care of is the repeal of Resolution No. 140. Mr. Gigray had previously prepared a draft Re"solution to accomplish the repeal. I believe that this Resolution should be adopted by the Council so that we no longer have any problems with the audit, nor this process which appears to be outside the normal budgetary process. Please cheeI, with the Mayor and President I(eith Bird, but I believe that this should be on the agenda for an upcoming Council meeting so that we can put this issue to rest. Z:\W ork\M\Meridian 15360M\budget 1 999 and 2000\BergResNo.1400421.Mem ( RESOLUTION NO. $20 BY: /U/H\./ 6irL C/lr ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN SETTING FORTH CERTAIN FINDINGS; DIRECTIVE TO TREASURER AND REPEALING CITY OF MERIDIAN RESOLUTION NO. 140 CONCERNING THE RESERVE FUND FOR BUILDING EXPANSION AND IMPROVEMENT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: FINDINGSIDIRECTNE TO TREASURER: A. The City Council enacted Resolution No. 140 on the 17th day of September, 1991, which provided for the establishment of a reserve fund for building expansion, improvement fund and authorizing transfers of funds from the general fund to the expansion fund, upon excess funds being available at the end of the fiscal year; and B. The City Council in fiscal year 1991-92 budget appropriated Four Hundred Eighty Thousand and No/IOOths Dollars ($480,000.00) but has not appropriated any further sums to said fund and there now exits as a result of expenditures previously made from said fund the sum of Four Hundred Sixty Nine Thousand and No/I00ths Dollars ($469,000.00) in the Building Expansion and Improvement Fund. C. The Council does hereby direct the Treasurer to continue the reserve fund for the remainder of this fiscal year and shall consider the same as carry over funds for appropriation in fiscal year 2000-2001. D. It is found, and has been recommended to the City Council by its auditor and City Attorney, that Resolution No. 140 should be repealed and that the budget, appropriation, and expenditure process follow the requirements of Idaho Code Sections 50-1001-1006. RESOLUTION REPEALING RESOLUTION NO. 140 - PAGE 1 OF 2 SECTION 2: REPEAL OF RESOLUTION NO. 140: Resolution No. 140 is hereby repe~led. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 231l:.2 day of ,hut '1 ,2000. (/ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z3/!:!!.- day of /hrtLf' ' 2000. Attest: - - msgjZ:\ W ork\M\Meridian 15360 M\budget I 999 and 2000\ResRepealingRes 140 RESOLUTION REPEALING RESOLUTION NO. 140 - PAGE 2 OF 2 luano ~{a{UleS t'age 1 or 1 .~;i/ ,.L,c. '. Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 10 FINANCES 50-1006. EXPENDITURES NOT TO EXCEED APPROPRIATION -- EXCEPTIONS. The mayor and council shall have no power to appropriate, issue or draw on the treasurer for money unless the same has been appropriated or ordered by ordinance, or the claim for the payment of which such order or warrant is issued has been allowed according to the provisions of sections 50-1001 through 50-1042, Idaho Code, and appropriations for the class or object out of which such claim is payable has been made as provided in sections 50-1001 through 50-1042, Idaho Code. Neither the city council nor any department or officer of the corporation shall add to the corporation expenditures in any year anything over and above the amount provided in the annual appropriation bill for the year, except as herein otherwise specially provided; and no expenditures for any improvement to be paid shall exceed in any year the amount allocated for such improvement in the annual appropriation bill, provided, however, that nothing herein contained shall prevent one-half (1/2) plus one (1) of the members of the full council from declaring an emergency, the necessity for which was caused by casualty, accident, or act of nature after such annual appropriation is made. In the event of a declared emergency caused by casualty, accident, or act of nature, the city council may order the mayor and finance committee to borrow a sufficient sum to provide for the expense incurred in abating the emergency or the making of any repairs or restoration of improvements, for a space of time not exceeding the close of the next fiscal year, which sum and interest shall be added to the amount authorized to be raised in the next general tax levy and embraced therein. Should any judgment be obtained against the corporation, the mayor and finance committee, under the sanction of the city council, may borrow for a space of time not exceeding the close of the next fiscal year, a sufficient amount to pay the same, which sum and interest shall in like manner be added to the amount authorized to be raised in the general tax levy of the next year and embraced therein. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.C. 9 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi-bin/newidst?sctid=500 1 00006.K 5/2/00 ( ( . Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 10 FINANCES 50-1001. FISCAL YEAR. The fiscal year of each ci~y shall commence on the first day of October. The Idaho Code is made availab1e on the Internet by the Idaho Legis1ature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, IC. 9 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi-bin/newidst?sctid=500 10000 1.K 5/2/00 ( ( . ~- Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 10 FINANCES 50-1002. ANNUAL BUDGET. The city council of each city shall, prior to passing the annual appropriation ordinance, prepare a budget, estimating the probable amount of money necessary for all purposes for which an appropriation is to be made, including interest and principal due on the bonded debt and sinking fund, itemizing and classifying the proposed expenditures by department, fund or service, as nearly as may be practicable, and specifying any fund balances accumulated under section 50-l005A, Idaho Code. To support such proposed expenditure, the council shall prepare an estimate of the total revenue anticipated during the ensuing fiscal year for which a budget is being prepared classifying such receipts by source as nearly as may be possible and practicable, said estimate to include any surplus not subject to the provisions of sections 50-1004 and 50-l00SA, Idaho Code, nor shall said estimated revenue include funds accumulated under section 50-236, Idaho Code. The proposed budget for the ensuing fiscal year shall list expenditures and revenues during each of the two (2) previous fiscal years by fund and/or department. Following tentative approval of the revenues and expenditures estimated by the council, the same shall be entered at length in the journal of proceedings. Prior to certifying to the county commissioners, a notice of time and place of public hearing on the budget, which notice shall include the proposed expenditures and revenues by fund and/or department including the two (2) previous fiscal years, and a statement of the estimated revenue from property taxes and the total amount from sources other than property taxes of the city for the ensuing fiscal year, shall be published twice at least seven (7) days apart in the official newspaper. At said hearing any interested person may appear and show cause, if any he has, why such proposed budget should or should not be adopted. The Idaho Code is made avai1ab1e on the Internet by the Idaho Leqis1.a ture as a pub1.ic service. This Internet version of the Idaho Code may not be used for commercia1 purposes, nor may this database be published or repackaged for commercial sale without express written permission. Available Reference: Searclt Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, 1 C. S 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi- binlnewidst?sctid=5 00 1 00002.K 5/2/00 ( ( . Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 10 FINANCES 50-1003. ANNUAL APPROPRIATIONS BILL -- AMENDING APPROPRIATION ORDINANCE -- SPECIAL APPROPRIATION UPON PETITION OR ELECTION. The city council of each city shall, prior to the commencement of each fiscal year, pass an ordinance to be termed the annual appropriation ordinance, which in no event shall be greater than the amount of the proposed budget, in which the corporate authorities may appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporation, not exceeding in the aggregate the amount of tax authorized to be levied during that year in addition to all other anticipated revenues. Provided, the amount appropriated from property tax revenues shall not exceed the amount of property tax revenue advertised pursuant to section 50-1002, Idaho Code. Such ordinance shall specify the object and purposes for which such appropriations are made and the amount appropriated for each object or purpose. Said ordinance shall be filed with the office of the secretary of state. The city council of any city may, by the same procedure as used in adopting the original appropriation ordinance at any time during the current fiscal year, amend the appropriation ordinance to a greater amount than that adopted, if after the adoption of the appropriation ordinance, additional revenue will accrue to the city during the current fiscal year as a result of increase in state or federal grants or allocations, or as a result of an increase in an enterprise fund or funds to finance the operation and maintenance of governmental facilities and services which are entirely or predominantly self-supporting by user charges, or as a result of an increase in revenues from any source other than ad valorem tax revenues. A city whose property tax certification is made for the current fiscal year may amend its budget and annual appropriation ordinance, pursuant to the notice and hearing requirements of section 50-1002, Idaho Code, prior to certification to the county commissioners. No further appropriation, except as herein provided, shall be made at any other time within such fiscal year unless the proposition to make each appropriation has been first sanctioned by a majority of the legal voters of such city, either by petition signed by them equal in number to a majority of the number who voted at the last general city election, or approved at a special election duly called therefor, and all appropriations shall end with the fiscal year for which they are made. The Idaho Code is made availabl.e on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, LC. ~ 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi-bin/newidst?sctid=500 100003.K 5/2/00 ( ( -~ ~. Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 10 FINANCES 50-1004. SPECIAL TAX ASSESSMENT -- WARRANT REDEMPTION FUND. At the time of passing the annual appropriation ordinance, said city councils, unless provision shall have been made as provided by law for the funding, refunding, purchase, redemption or exchange of the outstanding city warrant indebtedness, must, whenever any city shall have warrants outstanding and unpaid, for the payment of which there are no funds in the city treasury, in addition to other taxes provided by law, if such warrants amount to a sum equal to five per cent (5%) or more of the value of the taxable property of such city, levy and include a special tax assessment of not to exceed two tenths per cent (.2%) of market value for assessment purposes in such annual appropriation bill; if such warrants amount to a sum equal to four per cent (4%) and less than five per cent (5%) of such taxable property, they must levy and include a special tax or assessment of not to exceed sixteen hundredths per cent (.16%) of market value for assessment purposes in such annual appropriation bill; if such warrants amount to a sum equal to three per cent (3%) and less than four per cent (4%) of such taxable property, they must levy and include a special tax or assessment of not to exceed twelve hundredths per cent (.12%) of market value for assessment purposes in such annual appropriation bill; if such warrants amount to a sum equal to two per cent (2%) and less than three per cent (3%) of such taxable property, they must levy and include a special tax or assessment of not to exceed eight hundredths per cent (.08%) of market value for assessment purposes in such annual appropriation bill; and if such warrants amount to one per cent (1%) and less than two per cent (2%) of such taxable property they must levy and include a special tax or assessment of not to exceed four hundredths per cent (.04%) of market value for assessment purposes in such annual appropriation bill; and if such warrants amount to less than one per cent (1%) of such taxable property, then they must levy and include such special tax or assessment on the dollar in such annual appropriation bill as shall be sufficient to pay such warrants. All moneys arising from such special tax or assessment shall be placed in a special fund to be known as the "Warrant Redemption Fund" and the redemption of such warrants shall be paid exclusively from this fund. All moneys in the city treasury at the end of each fiscal year not needed for that year's expenses and applicable thereto, and not subject to the provisions of section 50-1005A, Idaho Code, shall be transferred to said "Warrant Redemption Fund," if such there be. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.e. ~ 9-350. According to Idaho lmv, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi- binlnewidst?sctid=5 001 00004.K 5/2/00 ( -- ~. Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 10 FINANCES 50-l00SA. ACCUMULATION OF FUND BALANCES. Cities may accumulate fund balances at the end of a fiscal year and carryover such fund balances into the ensuing fiscal year sufficient to achieve or maintain city operations on a cash basis. A fund balance is the excess of the assets of a fund over its liabilities and reserves. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Available Reference: Search Instructions. The Idaho Code is the property afthe state of Idaho, and is copyrighted by Idaho law, Ie. 9 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi-bin/newidst?sctid=5 001 00005A.K 5/2/00 MA YOR Robert D. COITie ; ~~!~ft:0: olfe;;dl;~~;~'~\ ~ IDAHO i 1~ ~y ~~~ ~/ !2Ft<l~ SINCE ; 1903 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PARKS & RECREATION (208 888-3579 · Fax 898-5501 PUBLIC WORKS (208) 898-5500 -Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird July 18, 2002 Re: Howell- Murdoch I Stratford Business Park Annexation Ordinance No. 875 Dear Applicant or Agency, Enclosed you will find a copy of the recorded ordinance as noted above. It was brought to our attention recently that this ordinance was not distributed to agencies. Please make note in your records. Please feel free to contact our office if you have any questions. Sincerely, ShCVI~~ Sharon Smith Deputy City Clerk Ene. 33 EAST IDAHO · MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-48] 3 · City Clerk Office Fax (208) 888-4218 · Human Resources Fax (208) 884-8723 · . oi~OA COUNTY RftoffllV~ RECOR, OED. REQ'UES J. DAVID NAVARRO l//ii.1 . ct!)- BaiSE. IDAHO J fEE' DEPUTY .ZDOO MY 25 PH ,: 26 1(, i 0 0 0 4 5 CITY OF MERIDIAN ORDINANCE NO. &7G'" AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R- 8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. j BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-vvit: A parcel of land being the North half of the Southeast 1/4 of the Northeast 1/4 of Section 18, T. 3N., R. IE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marl<.ing the Northeast comer of Section 18, T. 3N., R. IE., B.M., Ada County, Idaho; thence South 00031'15" West along the Easterly boundary of said Section 18, 1,329.55 feet to an iron pin marldngthe North 1/16 comer of said Section 18, said point being the REAL POINT OF BEGINNING; thence continuing along said Easterly boundary South 00031 'IS" West, 664.63 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-99-005)- 1 thence leaving said Easterly boundary South 89036'07" West, 1,326.23 feet to a point on the Westerly boundary of the North half of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence North 00029'39" East along said Westerly boundary, 660.00 feet to an iron pin marking the NE 1/16 comer of said Section 18; thence leaving said Westerly boundary North 89039'40" East, 1,326.53 feet to the REAL POINT OF BEGINNING. Said parcel contains 20.26 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 2. g~day of tl1 cot , 2000. 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. ANNEXATION AND ZONING ORDINANCE (AZ-99-005)- 2 SECTION 8: The Clerl( 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 plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, 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 of Idaho, all in compliance with Idaho Code s63-2215 and s50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Zgt-:!!- day of fnaj , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 23~ day of /J'11l1 ,2000. ANNEXATION AND ZONING ORDINANCE (AZ-99-005)- 3 STATE OF IDAHO,) 5S. County of Ada. On this 1~~day of MA~ ,2000, before me, the undersigned, a Notal)' Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., lmown to me to be the Mayor and City ClerIc of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged to me that the City of Meridian executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ",'IlClIIIJ~... .. -a lJ <t. ..~...~:.--...9~.. .~~OT~'" ~Q .r,.~/ ~ .,.t... '\ e .-.." \ d .::q, *.... "Nil -00' ,~ Q . ~ ',..-g · \ ' m e \ / . ... \ .A-___. . ~' 19 .. ~~":~.fil=}9:-:G\.'1.. It ..?}jOFlP~~' ..cJJ.,m~.~ Z:\ Work\M\Meridian 15360M\Stratford Business Park AZ\.P\Z..ORD (SEAL) I {!}Q PUBLIC FOR IDAHO RESIDING AT:i'l'\L{id.itl-1ll. I D MY COMMISSION EXPIRES:t1-Zb-CO ANNEXATION AND ZONING ORDINANCE (AZ-99-005)- 4 ( CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. g75 passed by the City Council of the City of Meridian, on the 2g".!? day of ~ ' 2000, is a true and correct copy of the original of said document which is in t e care, custody and control of the City Clerk of the City of Meridian. \\\\\lHUIII1/ \\\ 'I, \.~\ Of ~II ," '\. ----\ /.1" '....'a~ ~ ..... ~ ' ~ . ~ ~ 2 '~ ~ 2' "= '" E County of Ada, fh On thi~~. day of YY\tl~ ,in the year 2000, before me, I\1el~ VVI7A..-/ , a Notary Public, appeared WILLIAM G. B RG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. o.~lSali.e .~ {]-. ..~"( ~:.---9...d 00'. .~~"""" TA h~~~ ~~ I;'~ 0 -"'..rr ;~'\ 0.. ftr.-../ """'r ~ \ ~e 8"""1, \~~ (SEAL-:f;J; *.. * :>: fiJ. \ ' lti II \ I l!1 o \ ! tJ $ \ / ~ ~f; Ql~,bmL\S:"'"~oo~ ~ ~4~----' E"?'~~ <&/;Jt:J ~~ OF ro \)-&t!l .mC~.G~ msg\l:\W o rk\M\Meridian 15360M\Stratford Business Park AZ\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - (AZ-99-005) ill" J~ NB9.39'-'40-( 1326.53' w M ~o \0 ..;. \0 ~~ \0 8\0 Z SB9.36'07-'" 1326,23' ~- ~ 7 . POINT OF BEGINNING w > Cl ~ l:J ~ '" U Cl ...J I ORDINANCE NO, HOW'ELL-MURDOCH SECTION 181 T3N, R1E CITY OF MERIDIAN 200 E. CARL TON, STE, 100 MERIDIAN, IDAHO 836-42 SCALE. NTS DA TEl 5/18/00 D'w'NISJO ~".."... P(COROEO - REQUESlOf . " ADA COUNTY RECOROER~;k " :" ~ .- .~ y " J. ~~YJ~.~~X~~RO ,~ FE~OEPUTY -Jl1-.. loon MY 25 PH I: 27 3I-fJ I 0 0 0 4 059 6 DEVELOPMENT AGREEMENT 05-03-00 PARTIES: 1. 2. City of Meridian Howell Murdoch Development Corporation, an Idaho corporation THIS DEVELO~ENT AGREEMENT (this "Agreement"), is made and entered into this /?-dayof ~ ' 2000, by and between eITI OF MERIDIAN, a municipal corporatio of the State of Idaho, hereafter called "ClTI", and HOWELL MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation, "DEVELOPER"j"OWNER" whose address is 1087 W. River St., Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, "DEVELOPER"j"OWNER" Howell Murdoch Development Corporation, an Idaho corporation, is the sole. owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full; and 1.2 WHEREAS, I. C. S6 7 -6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Developer"j"Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code S~ 11-7-12 and 11-16-4 A, which authQrizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Developer"j"Ovvner" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of Medium Density Residential District (R-8), (Meridian City Code) Case No. AZ-OO-005; and DEVELOPMENT AGREEMENT - (AZ-OO-005) - 1 J 1.8 1.9 1.10 ( { 1.5 WHEREAS, "Developer"/"Owner" has made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and 'Yvhat improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.'7 WHEREAS, City eouncil, the JitA day of IHif ' 2000, has approved certain annexation and zoning findin of fact and eonclusions of Law and Decision and Order, Case No. AZ-OO-005, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, both the "Findings" require the "Developer"/"Owner" to enter into a development agreement before the City Council tal(es final action on annexation and zoning and zoning designation; and "DEVELOPER"j"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WH~REAS, "City" requires the "Developer"j"Owner" to enter into a development agreement for the purpose of ensuring that "Property" is developed, and the subsequent use of the "Property" is, in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning and re- zoning designation from government subdivisions providing services within the plannfng jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance DEVELOPMENT AGREEMENT - (AZ-OO-005) - 2 (- with the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance #629, January 4,1994, and the Zoning and Development Ordinance codified in Title II, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"j"OWNER": means and refers to Howell Murdoch Development Corporation, an Idaho corporation, and its successors, assigns and affiliates, whose address is 1 087 W. River St., Boise, Idaho 83702, the party developing "Property" and shall include any subsequent owner(s)jdeveloper(s) of the "Property". 3.3 "PROPERTY": means and refers to Property, owned by Howell Murqoch Development Corporation, an ldaho corporation, 1087 W. River St., Boise, Idaho 83702, which is that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT - (AZ-OO-005) - 3 , - ( 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses and development allowed pursuant to this Agreement of the subject property shall be subject to and pursuant to those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code S 11-7 - 2 D which are herein specified as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. For the construction and development of a police station and other uses as pennitted in the R-8 zone and compatible with the City's Comprehensive Plan and Zoning Ordinances. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Developer/Owner" shall develop the "Property" in accordance with the following special conditions: 5.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. DEVELOPMENT AGREEMENT - (AZ-OO-005) - 4 ( ( 5.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 5.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 5.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 5. 7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 5.8 Provide five-foot-wide sidewalks in accordance with City Ordinance. 5.9 All cQnstruction shall conform to the requirements of the Americans with Disabilities Act. 5.10 The legal description submitted for the property is correct and places the parcels contiguous to existing city limits. 5.11 The proposed R-8 zone is in compliance with the current Comprehensive Plan for single family residential. DEVELOPMENT AGREEMENT - (AZ-OO-005) - 5 ( ( 5.12 The proposed name of Stratford Business ParI, should not be approved as part of this application because business parks are prohibited in R-8. Instead it should be nalned Stratford Park. The park cannot be proposed until the comprehensive plan for the property changes. 5.13 The current draft of the future land use map does show the area as commercial. 5.14 All non-residential uses of the property shall be required to follow the Conditional Use process. Commercial uses shown in the Zoning Schedule of Use Control as 'prohibited' will remain prohibited. The requirement for all non-commercial uses to follow the CUP process may be changed at a future date by a revised development agreement if the property is rezoned. 5.15 A minimum 20-foot landscape buffer beyond all right of way shall be required as a condition of annexation. 5.16 The Applicant shall be required to follow through with the platting requirements as per Meridian City Code. 5.17 Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (Or other required permits), whichever occurs first. 5.18 Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel, located 2-feet within the new right-of-way. Coorp.inate the location, elevation and grade of the sidewalk with District staff. 5.19 Extend Watertower Lane into the site as a 40-foot street section with curb, gutter and 5-foot wide concrete sidewallc within 58-feet of right -of-way. 5.20 Extend Adkins Drive into the site as a 40-foot street section with curbs, gutters, and sidewalks within 58-feet of right-of-way. DEVELOPMENT AGREEMENT - (AZ-OO-005) - 6 5.21 Locate any proposed public street or driveway to align or offset 220 feet from any approved/proposed public street. 5.22 In accordance vvith District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 5.23 As required by District policy, restrictions on the vvidth, number and locations of driveways, shall be placed on future development of this parcel. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer/Ovvner" or "Developer/Ovvner"'s heirs, successors, assigns, to comply vvith Sections 6 entitled "Conditions Governing Development of subject "Property" of this agreement vvithin two (2) years of the date this Agreement is effective, and after the "City" has complied vvith the notice and hearing procedures as outlined in I.C. ~ 67- 6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer/Ovvner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" to which the default applies subject to and conditioned upon the follovving conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer/Ovvner" and if the "Developer/Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer/Ovvner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance vvith the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT - (AZ-OO-005) - 7 9. DEFAULT: 9.1. ln the event "Developer/Owner", "Developer/Owner'" s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply vvith all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated with respect to the "Property" which is in default by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer/Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer/Owner"'s cost, and submit proof of such recording to "Developer/Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer/Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT - (AZ-OO-005) - 8 ( 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer/Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer/Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended. by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified checl< or negotiable bonds, as allowed under Meridian City Code S 12-5-3, to insure that installation of the improvements required in section 6 of this agreement, which the uDeveloper/Owner" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer/Owner" agrees that no Certificates of Occupancy will be issued until all improvements required in section 6 of this agreement are completed, unless the "City" and "Developer/Owne~" have entered into an addendum agreement stating when the improvements required in section 6 of this agreement will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements required in section 6 of this agreement have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer/Owner" agrees to abide by all ordinances of the City of Meridian and "Property" as the case may be .shal~ be s:ubject to de-annexation if the owner or his assigns, heirs, or successors DEVELOPMENT AGREEMENT - (AZ-OO-005) - 9 shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: do City Engineer City of Meridian 33 E. ldaho Ave. Meridian, lD 83642 Howell Murdoch Development Corporation, an Idaho corporation 1087 W. River St. Boise, Idaho 83702 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATIORNEY FEES: Should any litigation be commenced between the parties hereto con<;:erning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations DEVELOPMENT AGREEMENT - (AZ-OO-005) - 10 / ( hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City'''s corporate authorities and their successors in office. This Agreement shall be binding on the ovvner of the "Property", each subsequent ovvner and any other person acquiring an interest in the '(Property". Nothing herein shall in any way prevent sale or alienation of the '(Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor ovvner or ovvners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City'" agrees, upon 'Written request of "Developer/Ovvner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer/Ovvner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between '(Developer/Ovvner" and HCity" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer/Ovvner" and "City", other than as are stated herein. Except as herein othervvise provided, no subsequent alteration, amendment, change, addendum or addition to this Agreement shall be binding upon the parties h~reto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to ('City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or DEVELOPMENT AGREEMENT - (AZ-OO-005) - 11 amendment in force at the time of the proposed amendment except that minor modification(s) of required improvements provided for in section 7 may be approved by City Public Worl(s and Planning and Zoning Staff, if such changes are required or preferred by Ada County Highway District Staff. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - (AZ-OO-005) - 12 ( ( ACI<NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER/OWNER BY:~</- A ~~ owell Murdoch Development Corporation, an ldaho corporation, Developer ATTEST: BY RESOLUTION NO. CITY OF MERlDIAN Attest: ~ ITY CLERi( BY RESOLUTION NO. DEVELOPMENT AGREEMENT - (AZ-OO-005) - 13 ( ( STATE OF IDAHO COUNTI OF ADA :ss ) On this / c?d day of ~ ' in the year 2000, before me, a Notary Public, in and for said ou& and State, personally appeared ;l:ew;'/ A ~a/~LL ,..a-rttt~.J: :-t:)/- , of Howell Murdoch Development Corporation, an Idaho corporation, known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instrument on behalf of said corporation. ...... .. W "'.. . -0 IF". . -<'" '>;,. ......~: - - - - -",)-- . ."v... T ....-<-.;--. · ,,'r,/" 0 A..b...." ~ . l rizY'id-) -< (J-.. \'t.':a ~*~ * * \(fl- . , t . . I J . . ' . I . .. \ : / -- .. \ I .. · \ A_ C / .. · .~:;" ~ _:-; HL ~ ..." ~~o + + ..;~OF-IO~.. ......... 1pc_J:;7 Notary Public My Commission expires: //~-t:J5 \. STATE OF IDAHO ) :ss County of Ada On this ) 1-~r1 day of , in the year 2000, before me, !Y\a /'r a Notary Public, personally appeared Robert D. eorrie and William G. Berg, know or identified to me to be the Mayor and CIerI" respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ......... ..,.~ ~:._QG... ...., ~ ",.,." T~"''' ... ~~)F~() '~\ ~ -c;"i' y -)..,.. . -.., I v--- \ . :~:' .J.. * * \ · .CJ:)1 ~ I QI (SEAL) · \ J : ~ \ / . -. 0>\.. .A~ ""Ie //0 .. . ~....~...._UBLJ;....~~ .. +.;!Ji0iiJr:+. ....... msg/Z:\W ork\lvNvIeridian 1 5360M\Stratford Business Park AZ\DevelopAgr Notary bI. for Idaho eommission expires: q - )h,... 00 DEVELOPMENT AGREEMENT - (AZ-OO-005) - 14 EXHIBIT A AZ-OO-005 LEGAL A parcel of ~and being the North half of the Southeast 1/4 of the Northeast 1/4 of Section 18, T. 3N., R. IE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marlcing the Northeast corner of Section 18, T. 3N., R. IE., B.M., Ada County, Idaho; thence South 00031'15" West along the Easterly boundary of said Section 18, 1 ,329.55 feet to an iron pin rnarldng the North 1/16 corner of said Section 18, said point being the REAL POINT OF BEGINNING; thence continuing along said Easterly boundary South 00031'15" West, 664.63 feet to a point; thence leaving said Easterly boundary South 89036'07" West, 1,326.23 feet to a point on the Westerly boundary of the North half of the Southeast 1/4 . of the Northeast 1/4 of said Section 18; thence North 00029'39" East along said Westerly boundary, 660.00 feet to an iron pin marking the NE 1/16 corner of said Section 18; thence leaving said Westerly boundary North 89039'40" East, 1,326.53 feet to the REAL POINT OF BEGINNING. Said parcel contains 20.26 acres, more or less. DEVELOPMENT AGREEMENT - (AZ-OO-005) - 15 ( EXHIBIT B AZ-OO-005 Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - (AZ-OO-005) - 16 { , /-.-.-.~. i ( . BEFORE "THE IvlERlDIAl"I CITY COUNCIL IN THE NlATTER OF THE APPLICATION OF HO"YVELL ?vlURDOCH DEVELOPIvlENT CORPORATION, THE APPLICATION FOR ANNEXf\TION AND ZONING OF 20.26 ACRES FOR THE PROPOSED STRATFORD BUSINESS PAR1(, LOCATED ALONG THE \VEST SIDE OF LOCUST GROVE ROW BETWEEN FRANI<lIN ROW Al"TD 1-84, ?vfERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) ) ) ) ) 05-03..00 Case No. i\Z-OO-OOS FINDINGS OF FACT Ai"TD CONCLUSIONS OF IA'YV AND DECISION Al'JD ORDER G RAi\ITIN G APPLI CA TI 0 N FOR Al"TNEXA TI 0 N Al"ID ZONING The above entitled annexation and zoning application having come on for public hearing on May 2,2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Dave vVilliams, and the eity Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT Al'\TD CONCLUSIONS OF LAW - Page I AND DECISION Ai"ID ORDER GRAJ'\JTING APPLICATION FOR Al'\INEXf\TION A1'\TD ZONING/BY HOWELL MURDOeH DEVELOPMENT eORPORATION / (AZ-OO-005) ( zoning was published for two (2) consecutive weeks prior to said public hearing , 1 scheduled for lYra;; 2, 2000, before the City Council, the first publication appearing and \\Titten notice having been mailed to property O\vTIers or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the wfay 2, 2000, public hearing; and the applicant, affected property o\vners, and government subdivisions providing services \vithin the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance vvith all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67 -6511, and wferidian eity Code ~~ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian eity Code, and all currert zoning maps thereof, and the Comprehensive Plan of the eity of Meridian adopted December 2"1,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. FINDINGS OF FACT AJ.'\JD CONCLUSIONS OF LA vV - Page 2 AJ."JD DECISION AND ORDER GRAJ'\fTING APPLICATION FOR AJ.'\JNEXATION AND ZONING/BY HOWELL lYIURDOCH DEVELOPIvfENT CORPORATION / (AZ-00-005) , ( ( \ 4. The propeny which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set fonh in full. The propeny is approximately 20.26 acres in size and is located along the west side of Locust Grove Road between Franklin Road and 1-84. The property is designated as Stratford BLlsiness Parl<. 5. The Ovvl1er of record of the subject propeny is Howell iYIurdoch Development Corp., of Boise, Idaho. 6. Applicant is Qvvner of record. 7. The property is presently zoned by Ada eounty as Rural Transitional (R-T), and consists of vacant land. 8. The Applicant requests the property be zoned as Medium Density Residential (R-8). 9. . The subject propeny is bordered to the nonh by Light Industrial, to the west by General Retail and Service Commercial, to the South by county residential zoning to the east by the proposed Woodbridge Subdivision zoned R-4 and city limits of the eity of lvIeridian are adjacent and abut to the nonh and west of the subject property. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included vvithin the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION At"JD ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT eORPORAT10N / (AZ-OO-OOS) ( ( Service Planning ..'\rea as the Urban Service Planning Area is defined in the Meridian Conlprehensive Plan. 12. The Applicant proposes to develop the subject property in the follO\ving manner: develop a police station and other uses as permitted in the R-8 zone and compatible vvith the City's Comprehensive Plan and Zoning Ordinances. 13. The Applicant requests zoning of the subject real property as R-8 which is consistent \vith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. Giving due consideration to the COil1ment received from the governmental subdivisions providing services in the eity of Meridian planning jurisdiction, public facilities and services required by the proposed development \vill not impose expense upon the public if the follO\ving conditions of development are imposed: Adopt the Recommendations of Planning and Zoning and Engineering staff as follovvs: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follovvs: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. The ditches to be piped should be shovVTI on the site plans. Plans "viII need to be FINDINGS OF FACT At"'\JD CONCLUSIONS OF LAW - Page 4 AJ"'ID DECISION AND ORDER GRAL"'ITING APPLICATION FOR ANNEXATION AND ZONING/BY H.OWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-OO-005) / { approv'ed by" the appropriate irrigation/drainage district, or lateralllsers association, vvith vvritten confirmation of said approval submitted to the " Public vV orks Department. No variances have been requested for tiling of any ditches crossing this project. 15.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. vVeIls may be Llsed for non-domestic purposes such as landscape irrigation. 15.3 Off-street parking shall be provided in accordance vvith City of Meridian Zoning and Developmem Ordinance and/or as detailed in site-specific requirements. 15.4 Paving and striping shall be in accordance vvith the standards set forth in the City of NIeridian Zoning and Development Ordinance and in accordance with Americans vvith Disabilities Act (ADA) requirements. 15.S A drainage plan designed by a S tate of Idaho licensed architect or engineer is required and shall be submitted to the eity Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 15.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance vvith City Ordinance. IS. 7 All signage shall be in accordance vvith the standards set forth in the City of Nleridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs "viII be permitted. 15.8 Provide five-foot-vvide sidewalks in accordance with eity Ordinance. 15.9 All construction shall conform to the requirements of the Americans vvith Disabilities Act. 15.10 The legal description submitted for the property is correct and places the parcels contiguous to existing city limits. FINDINGS OF FACT Al~D CONCLUSIONS OF LAW - Page 5 Al~D DECISION Al"\fD ORDER GRAl"1TING APPLICATION FOR .ANNEXATION Al'\ID ZONING/BY HOWELL NfURDOCH DEVELOPNIENT CORPORATION / (AZ-OO-005) ( <'. ( 15.11 The proposed R..8 zone is in compliance vvith the current Con1prehensive Plan for single fan1ily residential. 15.12 The proposed name of Stratford Business Park should not be approved as pan of this application because business parks are prohibited in R..8. Instead it should be named Stratford Park. The park cannot be proposed until the comprehensive plan for the propeny changes. 15.13 Staff has done an initial review of the parcel in regard to the current Comprehens.ive Plan Update process. The current draft of the future land use map does shovv the area as commercial. 15.14 All non-residential uses of the property vvill be required to follow the eonditional Use process. Commercial uses shown in the Zoning Schedule of Use Control as 'prohibited' \vill remain prohibited. The requirement for all non-commercial uses to follow the eup process may be changed at a future date by a revised development agreement if the propeny is rezoned. 15.15 A minimum 20-foot landscape buffer beyond all right of way should be required as a condition of annexation. 15.16 A Development Agreement is required as a condition of annexation. 15.17 The Applicant shall be required to follow through vvith the platting requirements as per Meridian City Code. Adopt the Recommendations of the Ada County Highway District as follows: 15.18 Dedicate 48-feet of right-of-vvay from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (Or other required permits), 'Yvhichever occurs first. 15.19 Construct a 5-foot ",vide concrete sidevvall<. on Locust Grove Road abutting the parcel, located 2-feet vvithin the new right-of-way. Coordinate the location, elevation and grade of the sidevvall( vvith District staff. FINDINGS OF FACT Ai~D CONCLUSIONS OF LAvV - Page 6 Ai"JD DECISION AL"JD ORDER GR.At"JTING APPLICATION FOR AL"lNEXATION AL'\TD ZONING/BY HOvVELL lVIURDOCH DEVELOPivfENT CORPORATION / (AZ-OO-OOS) ( ( l 15.20 Extend vVatenmver Lane into the site as a 40-foot street section ,,'lith curb, gutter and 5-foot "vide concrete sidewalk vvithin 58-feet of right-of- vvay. 15.21 Extend Adkins Drive into the site as a 40-foot street section with curbs, gutters, and sidevvalJes \vithin 58-feet of right..of..\va~{. 15.22 Locate any proposed public street or driveway to align or offset 220 feet from any approved/proposed public street. 15.23 In accordance vvith DistriCt policy, stub streets to the undeveloped parcels abutting this site may be required upon revievv of a future application for this site. 15.24 As required by District policy, restrictions on the 'width. number and . locations of driveways. shall be placed on future development of this parcel. 16. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of FaCt No. 15, and all sub-parts, the economic welfare of the City and its residents and tax: and rate payers .will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 17. It is also found that the development considerations as referenced in Finding No. 15 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance vvith the existing, or intended character of the general vicinity, in order to assure that the proposed use vvill not change the essential character of the affected vicinity and will insure that the FINDINGS OF FACT Ai'\JD CONCLUSIONS OF LAW - Page 7 Al"JD DECISION Al"JD ORDER GRAi"ITING APPLICATION FOR Al"INEXATION Al"lD ZONINGIBY HOvVELL MURDOCH DEVELOPlvlENT eORPORATION / (AZ-00-005) ( ( proposed uses ,vill not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. It is found that the zoning of the subject real property as (R-8) :tvledium Density Residential DiStrict permits the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre and requires connection to the :tvfunicipal 'vVater and Sewer systems and will be compatible "!'vith the Applicant's development intentions, and vvill assure that the zoning is consistent vvith the Meridian eomprehensive Plan Generalized land Use Map which designates the subject property as Single Family Residential. 19. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follo'Yvs: 19.1 The consideration of the provisions of the eomprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of grovvth vvith the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the eomprehensive plan and the Zoning ordinances of the City to all applications such as the subj ect application. 19.2 This proposed new growth development vvill finance public service expansion by the requirement herein that the applicant comply ,vith the requests submitted of the political subdivisions responses vvithin the Meridian Urban Service Planning Area subn1itted in the record of this matter. FINDINGS OF FACT Ai.'\TD CONCLUSIONS OF LAvV - Page 8 Ai.~D DECISION Ai.,\[D ORDER GRAi"ITING .AJ?PLICATION FOR Al"INEJrGt\TION AND ZONINGIBY HOWELL NfURDOCH DEVElOPIvfENT CORPORATION / (AZ-OO-OOS) / I. 19.3 The application is consistent vvith Meridian's self identity. ( 19.4 The preservation and improvement of the character and quality of N[eridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the eity to the subject application. 19.5 Compliance with the requests of the political subdivisions providing services, assures that community ?ervices are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 19.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20. The property can be physically serviced vvith City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon vvritten request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies vvithin the area of city impact as provided by Idaho eode Section 50-222. The Meridian City Code ~ 11-16 provides the eity may annex real property that is vvithin the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and FINDINGS OF FACT Al'\TD CONCLUSIONS OF LAW - Page 9 Al'\JD DECISION AND ORDER GRAL'\1TING APPLICATION FOR Al'\!NEXATION Al'\fD ZONING/BY HOWELL MURDOCH DEVELOPlv[ENT eORPORATION I (AZ-00-005) , ,__ _ (/- ~ I . ~ \ policies, and of actual conditions existing within the City and State. 3. The City of [yferidian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of [yferidian adopted December 21,1993, Ord. No. 629, January 4,1994. 4. . The following are found to be peninent provisions of the City of i\tferidian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-vvide and Urban Service Planning Area policies, vvhich deal vvith area-specific policies and progran1s. 4.2 To ensure that grovvth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units vvithin the Urban Service Planning Area. . 4.3 To encourage the kind of economic growth and development vvhich supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the eity's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups vvithin the community. FINDINGS OF FAeT AL'\TD CONCLUSIONS OF LAvV - Page 10 j\J\JD DECISION AL'\JD ORDER GRAL'\ITING APPLICATION FOR ANNEXATION AND ZONING/BY HOvVELL MURDOeH DEVELOPi\tfENT CORP 0 R.A.TI ON / (AZ-OO-OOS) 4.6 4.7 4.8 4.9 ~ ~._.- I 4.5 ( To preserve and improve the character and quality of lYferidian's man-made environment while maintaining its identity as a self-sllfficient comn1unity. To encoLlrage cultural edLlcational and recreational facilities "Yvhich vvill fill the needs and preferences of the citizens of lYferidian and to inSLlre that these facilities are available to all residents of the City. To provide community services to fit existing and projected needs. To establish compatible and efficient use of land through the use of innovative and functional site design. To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of lVledium Density Residential District, (R-8) is defined in the Zoning Ordinance at 11-7 -2 D as follovvs: (R-8) lVledium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dvvelling units per acre. This District delineates those areas vvhere such development has or is likely to occur in accord vvith the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop a police FINDINGS OF FACT Ai~D CONCLUSIONS OF LAvV - Page 11 Ai"JD DECISION Al"JD ORDER GRAl'JTING APPLICATION FOR Al'\INEXATION AND ZONING/BY HOvVELL NfURDOCH DEVELOPMENT CORPORATION I (AZ-00-005) \, ( station and other uses as permitted in the R-8 zone and compatible with the City's Comprehensive Plan and Zoning Ordinances on any legal lot within this parcel of land4 / . Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Bun vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply "vith the Ordinances of the City of j\ileridian including, but not limited to: Section 12-2-4 which penains to development time schedules and requirements; Section 12-4-13, which penains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follo'Yvs: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an mvner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the propeny, or prior if agreed to by the owner of the parcel. Unless the commitment is mod~fied or terminated by the City Council, the commitment shall be binding on the o'vvner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A FINDINGS OF FAeT Ai"fD CONCLUSIONS OF LAvV - Page 12 Al'\TD DECISION Al"JD ORDER GRANTING APPLICATION FOR ANNEXATION AJ."ID ZONINGIBY HOWELL MURDOCH DEVELOPMENT eORPORATION / (AZ-00-005) ;' \. con1mitn1ent is binding on the O\vTIer of the propeny" ev'en if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the propeny only if the subsequent ovvner and each other person acquiring an interest in the propeny has actual notice of the con1mitment. DECISION AL'ID ORDER NOvV, THEREFORE, BASED UPON THE ABOVE .AJ.'JD FOREGOING FINDINGS OF FAeT AL"J"D CONCLUSIONS OF LAvV, the eity eouncil does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 20.26 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 20.26 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the eity of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Applicant enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of and for the real propeny which provides in the event the conditions therein are not met by the Applicant that the propeny shall be subject to re-zone and/or de-annexation, with the City of Meridian, which provides for the follovving conditions of use and development to-vvit: FINDINGS OF FACT AL"TD CONCLUSIONS OF LAW - Page 13 AL"JD DECISION AL"1D ORDER GRANTING APPLICATION FOR At"JNEXATION AL"lD ZONINGIBY HO\tVELL MURDOCH DEVELOPIvfENT CORPORATION / (AZ-OO-OOS) ~ ..... ~........ -. · . t- . .. . ( ( 3.1 Any existing irrigation/drainage ditches crossing the propeny to be inclllded in this project, shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, \vith vvritten confirn1ation of said approval submitted to the Public \V orks Depanmem. No variances have been requested for tiling 0 f any ditches crossing this project~ 3.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. y\l ells may be used for non-domestic purposes such as landscape irrigation. 3.3 Off-street parking shall be provided in accordance vvith City of IvIeridian Zoning and Development Ordinance and/or as detailed in site-specific requiremen ts. 3.4 Paving and striping shall be in accordance vvith the standards set fonh in the City of Meridian Zoning and Development Ordinance and in accordance with Americans vvith Disabilities Act (ADA) requirements. 3.5 A drainage plan design.ed by a State of Idaho licensed architect or engineer is required and shall be submitted to the eity Engineer for all . off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance vvith City Ordinance. / 3.7 "All signage shall be in accordance "vith the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.8 Provide five-foot-wide sidewalks in accordance with eity Ordinance. 3.9 All construction shall conform to the requirements of the Americans vvith Disabilities Act. 3.10 The legal description submitted for the property is correct and places FINDINGS OF FACT Al"JD CONCLUSIONS OF IA vV - Page 14 Pu~D DECISION Pu'\JD ORDER GRAJ"1TING .APPLICATION FOR Pu"lNEXATION 1\ND ZONING/BY HOWELL ivlURDOCH DEVELOPIvIENT CORPORATION / (AZ-00-005) ( the parcels contiguous to existing city limits. 3.11 The proposed R..8 zone is in compliance vvith the current Comprehensive Plan for single family residential. 3.12 The proposed name of Suatford Business Park shall not be approved as pan of this application because business parl<.s are prohibited in R-8. Instead it should be named Stratford Parl<.. The parl<. cannot be proposed until the comprehensive plan for the property changes. 3.13 The current draft of the future land use map does shovv the area as commercial. 3.14 All non-residential uses of the propeny shall be required to follow the Conditional Use process. Commercial uses sho"wn in the Zoning Schedule of Use Control as 'prohibited' vvill remain prohibited. The requirement for all non-commercial uses to follo\v the CUP process may be changed at a future date by a revised development agreement if the property is rezoned. 3.15 A minimum 20-foot landscape buffer beyond all right of way shall be required as a condition of annexation. 3.16 A Development Agreement is required as a condition of annexation. 3.17 The Applicant shall be required to follow through .with th~ platting . requirements as per Ivleridian City Code. Adopt the Recommendations of the Ada County Highway District as follows: 3.18 Dedicate 48-feet of right-oE-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (Or other required permits), vvhichever occurs first. 3.19 Construct as-foot vvide concrete sidevvall<. on Locust Grove Road abuttin.g the parcel, located 2-feet vvithin the nevv right-of-vvay. Coordinate the location, elevation and grade of the sidevvall<. vvith District staff. FINDINGS OF FAeT AND CONCLUSIONS OF LAvV - Page 15 AL"JD DECISION AL'\fD ORDER GRANTING APPLICATION FOR AL"INEXATION AL~D ZONINGIBY HOWELL NIURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) { 3.20 (" ( Extend vV"aterto\ver Lane into the site as a 40-foot street section \vlth curb, gutter and 5-foot wide concrete sidewalk .within 58-feet of right-of- \.va y . 3.21 Extend Adkins Drive into the site as a 40-foot street section with curbs, glItters, and side\v.all(s \vithin 58-feet of right~of-vvay. 3.22 Locate any proposed public street or driveway to align or offset 220 feet from any approved/proposed public street. 3.23 In accordance -vvith District policy, stub streets to the undeveloped parcels ablltting this site ll1ay be required upon revievv of a future application for this site. 3.24 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) M~dium Density Residential District, Meridian City Code ~ 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian eity eode s 11-21-1 in accordance -vvith the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AL'\TD CONCLUSIONS OF LAvV - Page 16 AL"fD DECISION AL'\lD ORDER GRAL"lTING APPLICATION FOR.ANNEXATION AL"JD ZONINGIBY HOvVELL MURDOCH DEVELOPMENT CORPORATION / (AZ-OO-OOS) ( ( NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Nferidian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real propeny which may be adversely affected by the issuance or denial of the annexation and zoning and who may .within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. / I' -f{ By action of the City Council at its regular meeting held on the _0 day of / /laC(. r.4- (/ , 2000. ROLL CALL COUNCILlYw"J RON .A.1"lDERSON VOTED 7v,,-, COUNCILlvLAL'\T lCEITH BIRD VOTED~ COUNCILIv1AN T.A.1\11MY deWEERD VOTED*- COUNCIL1vfAJ."l CHERlE McCANDLESS VOTED~ l\1AYOR RO.BERT D. CORRIE (TIE BREAlCER) DATED: S-Ib-OO --- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 Al'\ID DECISION .A1'\ID ORDER GRAl"1TING APPLICATION FOR .A1~NEXATION .A1"TD ZONING/BY HOWELL MURDOCH DEVELOPMENT eORPORATION / (AZ-OO-005) ( \ l\tIOTION: APPROVED: ~&~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Depanment, Public ivV orks Depanment and the City Attorney. By: Dated: 5 -/6 -tJ() msglZ:\vV o rk\1.'vtUvferidian i 5360lv1\Stratford Business Park A.Z\AZFfCIsOrder FINDINGS OF FACT Al'\JD CONCLUSIONS OF LAvV - Page 18 At"lD DECISION At"JD ORDER GRANTING J\PPLICATION FOR At"INEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPl\IIENT CORPORATION / (AZ-OO-OOS) \ \ , ~ t' H ff I , , " I, / / \,-\ Of ~ill ~\ ~ /1 ", :"\" .i 'I /....... $" (;, -Q.POJ:;1 ~"Y /~..... ~ ~v -.. ~ l" ..:, ~ ~ (-'() ~ ~ RESOLUTION NO 322- BY: ~/I1\...l3i}~ C/~ tVJft/~cZtt~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND HOWELL MURDOCH DEVELOPMENT CORPORATION, AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with Howell Murdoch Development Corporation, an Idaho corporation, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto mar]<ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cler]< are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with Howell Murdoch Development Corporation, an Idaho corporation, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and Howell Murdoch Development Corporation, an Idaho corporation, a copy of which is attached hereto mar]<ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. AZ-OO-005 ( PASSED BY THE COUNeIL OF THE eITY OF MERIDIAN, IDAHO, this 23r.55= day of /J1tij ,2000. - APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 231'!f- day of ~-' , 2000. ArrEST: \\\\fUIHtltlll -,-,'\\'Oc .~. 11111 ,'- -1 1[" -I1'"jf ~....., .L~ ~ ,.... i,.,' :~A .--:, f'CJ c~ ~.-'}'-~o % ~ ~ ~ ~ ~ ~ SEAL ~ 1 -? e 2 :;. . ~Q ,C5 D~ ~ ~ 'l..,Sr 1Sr'l\ · ~ $ /.... <J~1. .<"\'tt .~ "'/ ~ 0/ * /'/~II" c"'o(JNl'l. "'-"....' 11"1 \;\.' 1J111_n: H H\~\" MSG/Z:\W ork\M\Meridian 15360M\Stratford Business Park AZ\RESOLUTION Ji~/2~C) CITY CLERI( AZ-OO-005 CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, . a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 2 :3~ day of )1/L~:i. ' 2000, the following action has been tal<.en and authon ed: A RESOLUTION OF THE CrTI COUNCIL OF THE CITI OF MERIDIAN, SETTING FORTH CERTAIN FlNDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITI, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE ClTI OF MERIDIAN AND HOWELL MURDOCH DEVELOPMENT CORPORATION, AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with Howell Murdoch Development Corporation, an Idaho corporation, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marlced as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with Howell Murdoch Development AZ-OO-005 - 1 Corporation, an Idaho corporation, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and Howell Murdoch Development Corporation, an Idaho corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \ \'\ \ U H If 1111/11 ~\, ~ Mf::~'111 ~,~' -' v' =-''If.Q~II",~ ~~.... " r\"' ':f ~'O~ . ~ ~ ~ ~ ! a ~ WILLIAM G. BERG, JR. E ~ ~ SEAL ~eI1Y eLERI( %.,.~ R. f , .v{" -.;' J:) ..... ^ ~~ '~r j~ ~ ~ .; STATE OF ID~~~ &:-\~.y"; ,~ ~ ,\...'f.: "I' A ".' "'..;.....' "It · · ,\\}. , It If ~ \1 t H,~ , \ County of Ada, ) On this ,/1;r4 day of Ma ~' in the year 2000, before me, ~~11 UgttrV1ZA--- , a otary Public, appeared WILLIAM G. BERG, JR., known or iClentified to me to be the City ClerIc of the City of Meridian, Idaho that executed the said instrument, and acl<l1owledged to me that he executed the same on behalf of the City of Meridian. '- !S.ta..... .- ~ fJ .. ..~ ,-:....- G .. ~t~~OT~~.6~ (SEAL) ~ ~ .A'\~. : trJ: ..da....6.. * \ N ~ : ; ~ ~ :>: . \ : . G. \ I . ..~'"A---"(C ,,' .. ..:t~~~~~.. MsglZ:\Work\M\Meridian 1536el't~:w~a Business Park AZ\CertifClerkRes AZ-OO-005 - 2 ( May 18,2000 MERIDIAN CITY COUNCIL MEETING APPLICANT Sanitary Services Company May 23,2000 ITEM NO. 3 REQUEST Residential curbside recycling program with new rate and schedule and a monthly household hazardous waste collection program AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: }b r.. lJtI' yJJ~ J- (}JV' ~r~ lrl;/ rf"U MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: Materials presented at public meetings shall become property of the City of Meridian. ( ( NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, May 23,2000, for the purpose of reviewing and approving proposals for a residential curbside recycling program with new rate schedule and a monthly household hazardous waste collection program by Sanitary Services Company. A copy of the proposed programs with the new rate are on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and are available for review during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 1st day of May, 2000. SE!~L -;."'u ~:= ~ Q "Q) 0 ~ ~ '1'.0 <."Sr 1S~ . _'X $ ..:, .. I I ~~ ,~ ....,.,... t ~~r ~l-,," PUBLISH May 12 and 19'~':2~.!_~!"'< · \\\\\\\ J1ifJ:ft {,H~\\ dit~~~~ WILLIAM G. BERG, J _, CITY CLERK { Summary of Proposal to Implement a Residential Curbside Recycling Program and a Monthly Household Hazardous Waste Collection Program INTRODUCTION In the first quarter of 2000 survey results indicated a desire to have a curbside recycling program for residential customers. There was a 38.80/0 response rate to the survey. Half of the respondents wanted to participate in a curbside collection program, 30.50;0 did not, and 19.5% in general supported the idea of recycling but did not want to pay for it. Survey results were presented to the Solid Waste Ad-hoc Advisory Committee (SWAAC) on March 2 and then to the City Council in a pre-council session on March 7 and finally to the City Council in Workshop session on April 25, 2000. The outcome of these meetings was that a Public Hearing will be held on May 23, 2000 to get public input into the program. This summary presents the preferred recycling option, with costs, as well as a timeline for implementation and a public education program. PROGRAM DESCRIPTION The recycling program as described in the questionnaire and as presented to the Council will be as follows: 1. An 18-gallon recycling bin will be provided to each residence by SSC along wit~ educational material to explain the program. 2. Residents will sort recyclables into paper sacks within the bin throughout the week. 3. Materials to be collected include (each of these categories must be in a separate bag with the exception of newspapers and cardboard which is placed in the bottom of the bin): · Plastics (Milk jugs, PET, Pop bottles) · Mixed Paper (Junk mail, envelopes, cereal boxes) · Cans (tin and aluminum) · Magazines and catalogs (Glossy) · Newspapers including inserts · Corrugated cardboard (maximum 2 foot diameter and bundled) 4. Residents will place their bin with their trash cans by 7 am on trash collection day and a separate truck will collect the material. 5. All recyclables will be delivered to Western Recycling on the day they are collected. The scheduled program start date is anticipated to be October 2, 2000. ( The rate for recycling service would be $2.10 per house per month. Of the $2.10 collected $0.13 would go to the City for its 60/0 franchise fee and $1.97 would go to Sanitary Services. Commodity revenue would support a monthly household hazardous waste (HHW) collection program. The commodity revenue would be sent to Sanitary Services, the cost of a household hazardous waste program would be subtracted and the balance of the funds would be delivered to the City of Meridian. The commodity revenue would go to other City needs such as funding the development of Parks or to support the Fire or Police departments. Household Hazardous Waste Collection Sanitary Services has had preliminary discussions with Public Works staff from the City of Boise regarding expanding the Boise weekly collection program. At this time there is a tentative agreement to have a monthly household hazardous waste collection event in Meridian on the fourth Tuesday of every month beginning with the implementation of the recycling program. By sharing the costs of this program with the City of Boise a very effective and low-cost program can be added to the City of Meridian. This program is also important to the public works department in the city. It has come to our attention that this type of program is a requirement for NPDES permits in the City of Boise. Although not required at this time in the City of Meridian it can be anticipated that it may be a requirement as the City population grows. { NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the C-ity of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, May 23, 2000, for the purpose of reviewing and approving proposals for a residential curbside recycling program with new rate schedule and a monthly household hazardous waste collection program by Sanitary Services Company. A copy of the proposed programs with the new rate are on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and are available for review during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 1st day of May, 2000. WILLIAM G. BERG, JR., CITY CLERK PUBLISH May 12 and 19, 2000. ** TX CONF I R( IN REPORT ** AS OF MAY 01 ( 11:21 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 25 05/01 11:21 2088885052 MODE MIN/SEC PGS CMDij STATUS EC--S 00'25" 001 004 OK -------------------------------------------------------------~------------------------------ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street. Meridian, Idaho, at the hour of 7~OO p.m~ on Tuesday, May 23, 2000, for the purpose of reviewing and approving proposals for a resjdential curbside recycling program with new rate schedule and a monthly household hazardous waste colJection program by Sanitary Services Company_ A copy of the proposed programs and new rat+Jare on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and are available for review during regular business hours. Any and all interested persons shaJl be heard at said pubJic hearing and the pUblic is welcome and invited to submit testimony.. DATED thjs 1st day of May, 2000. WillIAM G. BERGI JR.? CITY CLERK PUBLISH May 12 and 19, 2000. Summary of Proposal to Implement a Residential Curbside Recycling Program and a Monthly Household Hazardous Waste Collection Program INTRODUCTION In the first quarter of 2000 survey results indicated a desire to have a curbside recycling program for residential customers. There was a 38.80k response rate to the survey. Half of the respondents wanted to participate in a curbside collection program, 30.50/0 did not, and 19.50/0 in general supported the idea of recycling but did not want to pay for it. Survey results were presented to the Solid Waste Ad-hoc Advisory Committee (SWAAC) on March 2 and then to the City Council in a pre-council session on March 7 and finally to the City Council in Workshop session on April 25, 2000. The outcome of these meetings was that a Public Hearing will be held on May 23, 2000 to get public input into the program. This summary presents the preferred recycling option, with costs, as well as a timeline for implementation and a public education program. PROGRAM DESCRIPTION The recycling program as described in the questionnaire and as presented to the Council will be as follows: 1. An 18-gallon recycling bin will be provided to each residence by sse along with educational material to explain the program. 2. Residents will sort recyclables into paper sacks within the bin throughout the week. 3. Materials to be collected include (each of these categories must be in a separate bag with the exception of newspapers and cardboard which is placed in the bottom of the bin): . Plastics (Milk jugs, PET, Pop bottles) . Mixed Paper (Junk mail, envelopes, cereal boxes) . Cans (tin and aluminum) . Magazines and catalogs (Glossy) . Newspapers including inserts . Corrugated cardboard (maximum 2 foot diameter and bundled) 4. Residents will place their bin with their trash cans by 7 am on trash collection day and a separate truck will collect the material. 5. All recyclables will be delivered to Western Recycling on the day they are collected. The scheduled program start date is anticipated to be October 2, 2000. The rate for recycling service would be $2.10 per house per month. Of the $2.10 collected $0.13 would go to the City for its 60/0 franchise fee and $1.97 would go to Sanitary Services. Commodity revenue would support a monthly household hazardous waste (HHW) collection program. The commodity revenue would be sent to Sanitary Services, the cost of a household hazardous waste program would be subtracted and the balance of the funds would be delivered to the City of Meridian. The commodity revenue would go to other City needs such as funding the development of Parks or to support the Fire or Police departments. Household Hazardous Waste Collection Sanitary Services has had preliminary discussions with Public Works staff from the City of Boise regarding expanding the Boise weekly collection program. At this time there is a tentative agreement to have a monthly household hazardous waste collection event irl Meridian on the fourth Tuesday of every month beginning with the implementation of the recycling program. By sharing the costs of this program with the City of Boise a very effective and low-cost program can be added to the City of Meridian. This program is also important to the public works department in the city. It has come to our attention that this type of program is a requirement for NPDES permits in the City of Boise. Although not required at this time in the City of Meridian it can be anticipated that it may be a requirement as the City population grows. ( \ ( Option 1 The rate for recycling service would be $1.91 per house per month and the commodity revenue would be kept by Sanitary Service. Of the $1.91 collected, $0.11 would go to the City for its 6% franchise fee and $1.80 would go to Sanitary Services. Commodity revenue would support a monthly household hazardous waste (HHW) collection program. Sanitary Services would contract with MSE Environmental to conduct the monthly HHW collection. Option 2 The rate for recycling service would be $2.10 per house per month and the commodity revenue would be kept by the City of Meridian. Of the $2.10 collected $0.13 would go to the City for its 6% franchise fee and $1.97 would go to Sanitary Services. Commodity revenue would support a monthly household hazardous waste (HHW) collection program. The City of Meridian would contract with MSE Environmental to conduct the monthly HHW collection. Monies that remained after supporting the HHW program would go to other City needs such as funding the development of Parks or to support the Fire or Police departments. Option 3 This option is a combination of both options above. This option has the higher price to the residents of Option 2 but the contracting for the recycling commodities and the household hazardous waste program would be similar to Option 1. In this option the rate for recycling service would be $2.10 per house per month. Of the $2.10 collected $0.13 would go to the City for its 60/0 franchise fee and $1.97 would go to Sanitary Services. The commodity revenue would be sent to Sanitary Services, the cost of the household hazardous waste program would be subtracted and the balance of the funds would be delivered to the City of Meridian. The commodity revenue would go to other City needs such as funding the development of Parks or to support the Fire or Police departments. Household Hazardous Waste Collection Sanitary Services has had preliminary discussions with Public Works staff from the City of Boise regarding expanding the Boise weekly collection program. At this time they are expanding their collections to more sites but they do not have enough sites to support collection every week. Therefore, we have discussed the possibility of adding a Meridian site to the collection. By sharing the costs of this program with the City of Boise a very effective and low-cost program can be added to the City of Meridian. One important point to remember This program is also important to the public works department in the city. It has come to our attention that this type of program is a requirement for NPDES permits in the City of Boise. Although not required at this time in the City of Meridian it can be anticipated that it may be a requirement as the City population grows. R.. "BCJ:.;J~\/~T!"~ 4 tY-' . J~! ,.Li MEMO RAN 0 U M APR 2 5 2000 TO: Mayor Robert D. Corrie Councilman Keith Bird, Chairman Councilperson Cherie McCandliss Councilperson Tammy DeWeerd Councilman Ronald Anderson f1IT' 1(\1 r! T( 1'. ,-! -" ,-I ; - - .,--' -- , ._ - v i Vi. UJ':J.l.~lJj~L~:'f FROM: Solid Waste Ad-hoc Advisory Committee DATE: April 17, 2000 SUBJECT: Proposal to implement a curbside residential recycling program in Meridian. Mr. Mayor and members of the Meridian City Council: Attached is the final draft of the proposal to implement a curbside residential recycling program in Meridian. The Solid Waste Ad-hoc Advisory Committee (SWAAC) has reviewed the information and believes that it should be presented to the Council in workshop session at the end of April. Please review the attached information prior to the April 25 council workshop session. The attached proposal presents three implementation options. The purpose of presenting this information in workshop session is to determine the preferred implementation option and set a public hearing date to move forward with the program. ( Proposal to I mplement a Residential Curbside Recycling Program Prepared by: Sanitary Services, Inc Prepared for: the City of Meridian April 10, 2000 INTRODUCTION In the first quarter of 2000 survey results indicated a desire to have a curbside recycling program for residential customers. There was a 38.80/0 response rate to the survey. Half of the respondents wanted to participate in a curbside collection program, 30.5% did not, and 19.5% in general supported the idea of recycling but did not want to pay for it. Survey results were presented to the Solid Waste Ad-hoc Advisory Committee (SWAAC) on March 2 and then to the City Council in a pre-council session on March 7. The outcome of these meetings was that Sanitary Service was directed to develop a proposal to conduct curbside recycling in Meridian and present the proposal to the SWAAC and the City Council. This proposal presents three recycling program options, with costs, for SWAAC and City Council consideration as well as a timeline for implementation and a public education program. PROGRAM OPTIONS The recycling program as described in the questionnaire and as presented to the Council in the past will be as follows: 1. An 18-gallon recycling bin will be provided to each residence by SSC along with educational material to explain the program. 2. Residents will sort recyclables into paper sacks within the bin throughout the week. 3. Materials to be collected include (each ot these categories must be in a separate bag with the exception of newspapers and cardboard which is placed in the bottom of the bin): · Plastics (Milk jugs, PET, Pop bottles) · Mixed Paper (Junk mail, envelopes, cereal boxes) · Cans (tin and aluminum) · Magazines and catalogs (Glossy) · Newspapers including inserts · Corrugated cardboard (maximum 2 foot diameter and bundled) 4. Residents will place their bin with their trash cans by 7 am on trash collection day and a separate truck will collect the material. 5. All recyclables will be delivered to Western Recycling on the day they are collected. The options related to this program address the fee charged tor the service, disposition of commodity revenue, and additional programs that can be supported with this revenue. Option 1 The rate for recycling service would be $1.91 per house per month and the commodity revenue would be kept by Sanitary Service. Of the $1.91 collected, $0.11 would go to the City for its 6% franchise fee and $1.80 would go to Sanitary Services. Commodity revenue would support a monthly household hazardous waste (HHW) collection program. Sanitary Services would contract with MSE Environmental to conduct the monthly HHW collection. Option 2 The rate for recycling service would be $2.10 per house per month and the commodity revenue would be kept by the City of Meridian. Of the $2.10 collected $0.13 would go to the City for its 60/0 franchise fee and $1.97 would go to Sanitary Services. Commodity revenue would support a monthly household hazardous waste (HHW) collection program. The City of Meridian would contract with MSE Environmental to conduct the monthly HHW collection. Monies that remained after supporting the HHW program would go to other City needs such as funding the development of Parks or to support the Fire or Police departments. Option 3 This option is a combination of both options above. This option has the higher price to the residents of Option 2 but the contracting for the recycling commodities and the household hazardous waste program would be similar to Option 1. In this option the rate for recycling service would be $2.10 per house per month. Of the $2.10 collected $0.13 would go to the City for its 6% franchise fee and $1.97 would go to Sanitary Services. The commodity revenue would be sent to Sanitary Services, the cost of the household hazardous waste program would be subtracted and the balance of the funds would be delivered to the City of Meridian. The commodity revenue would go to other City needs such as funding the development of Parks or to support the Fire or Police departments. Household Hazardous Waste Collection Sanitary Services has had preliminary discussions with Public Works staff from the City of Boise regarding expanding the Boise weekly collection program. At this time they are expanding their collections to more sites but they do not have enough sites to support collection every week. Therefore, we have discussed the possibility of adding a Meridian site to the collection. By sharing the costs of this program with the City of Boise a very effective and low-cost program can be added to the City of Meridian. One important point to remember This program is also important to the public works department in the city. It has come to our attention that this type of program is a requirement for NPDES permits in the City of Boise. Although not required at this time in the City of Meridian it can be anticipated that it may be a requirement as the City population grows. ( In both options listed above the contracting and payment for a household hazardous waste collection program is anticipated by the entity that receives the recycling commodity revenue. RECYCLING IN OTHER JURISDICTIONS For comparison purposes, the following monthly costs are charged for identical programs within Ada County. All costs exclude franchise fees: Ada County $2.51/month (BFI keeps commodity revenue) Boise $1.80/month (Residential rates subsidized by commercial rates to some degree, SFI keeps commodity revenue. Boise City does not charge a franchise fee but charges customers an extra dollar if they do not recycle.) Eagle $2.65/month (based on 1998 bid, SFI keeps commodity money) Garden City $1.85/month (SFI keeps commodity money) Kuna No curbside collection. Recyclables are collected at a drop off location. J&M Sanitation keeps recycling revenue. Meridian Option 1 $1.80/month (Sanitary Service keeps commodity revenue and pays for monthly HHW collection.) Meridian Option 2 $1.97/month (City of Meridian keeps commodity revenue and pays for monthly HHW collection.) Nampa No curbside collection, currently researching the program prior to implementation. Star $2.51/month (SFI keeps commodity money) IMPLEMENTATION SCHEDULE The program implementation schedule is Attachment A to this proposal. The scheduled program start date is anticipated to be October 2, 2000. This date is driven by two factors: 1.) The time to order and get containers and vehicles to implement the program is a minimum of 120 days. So, if the contracts are all signed by June 1 the program can begin on or around the first of October. 2.) SSC's contract with the City requires a rate adjustment on October 1 of each year based upon the Consumer Price Index. By starting the program on this date the rate structure can address both issues at the same time. In general, the decision on which program option to pursue must be completed by mid- April, contracting must be completed by mid-May, roll out in September and program start on October 2, 2000. PUBLIC EDUCATION The most important aspect to a successful recycling program is a comprehensive and ongoing public education program. Example public education materials are included in Attachment C to this proposal. Descriptions about various public education materials that will be used are discussed below: Curbside Recycling Brochure: These brochures will be distributed initially to residential customers along with their bin. They will outline information, such as commodities collected, preparation and sorting of recyclables, and who to contact for questions or missed pick-ups. Instructional Bin Sticker or Hot Stamp: A sticker or hot stamp outlining items collected and sorting instructions will be attached to the bin prior to delivery. The sticker will also display a phone number to call for missed collections, comments, or general information. Contamination Notice Sticker: These stickers will be placed on bins by collection route representatives as necessary to notify customers about contamination problems, sorting procedures, and other service issues. Press Releases: Initial promotion of the curbside program will be accomplished through press releases from the City of Meridian and SSC to local television and radio stations and newspapers. As necessary, the City of Meridian and SSC will develop ongoing press releases to update residents regarding tons collected, etc. Program Kick Off Event: Immediately prior to the beginning of the program, a kick-off event will be conducted with the Mayor, City Council, and SSC staff to increase public awareness of the program. City of Meridian Internet Page: SSC will provide detailed information about the curbside program to the City's homepage. CONTRACTING ISSUES The major difference between the two recycling program options is who contracts with Western Recycling for the receipt of the commodities and who will contract with MSE to conduct the HHW collection. If the city is required to go through a competitive bidding process before they can enter into a contract with either company there may not be enough time to complete such a task and meet the implementation schedule. This issue will need to be addressed as soon as possible to determine which option will be viable for program implementation. The second contracting issue is SSC's contract with the City of Meridian. The recently signed contract will need to be amended to address recycling services. Attachment A Implementation Schedule L.... ~m o ON o LO L....N IDeo .o~ E ID~ ........ 0r- a. <l>v C/) ~ N t).-+ :J.;!. rn :J,....... <( o ~ >. :;('f) -, N ID~ 5LO -, co >. CO 2 \f- ~ o 'C ~ a. ('f) ~<( ?:TI~ <l> L.... .ecoo J-~N co N ~ M V N ,....... ~ CD N 0) ~ 0) N N N LO ~ ~ N ,....... c: o +:; '0 C :J o Ol U U .f: ~~ 13 00 U "0 ~ c~~u~g> 5c>.CI)co ()o::UJ:u>. ~li()-g(;)~ l50a5COIDO::: 0"0 Q.) >.S c ........~~B.e03 CJ)CJ)mQ.) :t::=t) 55\f-.oa5;:Q) :;:;;i~CQ)CS cu c.c..(L 0 ~ 0 C)OO\f-~~~:5 Q) \i- \i- 0 .- ..0 .- '3: ::::!coco........o........ C)c cO 0><.>0>0 c: 0 .Q ;i Q) co Q) co +:;~rn~Cl:;C~ (.)........ .- t5 c 1:5 c f!cQ)cErn8~8 "'c/)~Cl>"- ....., :5 ~ ~ ID ~ .9> 5 .2> On..n..OUClJUC/) o ~ C/) ~.8 ::s tn !!1 -i: (,) en Q) C ~ tn C'CS I- c: o +:;"0 J!cv"O c: C. cv Q) ..Q :u E ~ .2= Q)Q)ID c."OU E .!!!. tn -rorn c: 'C 'C 00.>2 ;:imCO ~ E E ::Srnrn " c C Woo .!::! ~ ~ :c g g ::SU"O D..WW C tn o Q) +:; oE C'G if) 0 1: Cf).e Q) Q 0 E --........ .!u -g~ Q.a.> L....L.... E 03 ~ Q) ,~ ,~ ::"E 03 >Q)ID c: 0 'U 'c U "'0 Q) tn L.... L.... tn tn E l....., 0 co l....., L.... c.~~~~~ ":5 'co <3 <3 'co 'co en C" C :.c :.c C C o~ w 0 Q) Q) 0 0"'0 C) "'Cu>>uo~~ C en en en en C) 0- C'CS~~~~~~E o~~~~~m~ ~ g g ~ g g ,~ e -10:::0::0::0:::0::00.. Attachment B Example contract with Western Recycling MERIDIAN CITY CURBSIDE MATERIAL AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO ON THE DAY OF 2000, BY AND BETWEEN FUTURE ENTERPRISES D\B\A WESTERN RECYCLING, A CORPORATION, WHOSE ADRESS IS 1990 S. COLE RD, BOISE IDAHO (HEREINAFTER REFERRED TO AS "WESTERN") AND ,A CORPORATION ( HEREINAFTER REFERRED TO AS ). WHEREAS HAS AGREED TO TERMS SET FORTH IN THAT CERTAIN CONTRACT WITH THE CITY OF MERIDIAN ,DATED ,2000, (THE uMERIDIAN CONTRACT'") TO PROVIDE RESIDENTIAL CURBSIDE RECYCLING SERVICES; WHERAS AND WESTERN HAVE AGREED TO COOPERATE WITH EFFORTS TO PROMOTE RECYCLING OF CONSUMER PRODUCTS IN THE SEPERATION ,TRANSPORTATION AND MARKETING OF IDENTIFIED RECYCLING MATERIALS. NOW, THEREFORE, INCONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER SET FORTH ,THE PARTIES HERBY AGREE AS FOLLOWS: 1. TERM. THE TERM OF THIS AGREEMENT SHALL BE FOR A PERIOD COMMENCING ON THE DATE HEROF AND ENDING WITH THE EXPIRATION OF THE CONTRACT THAT HAS AGREED TO TERMS WITH THE "MERIDIAN CONTRACT", PROVIDED, HOWEVER, IN THE EVENT OF TERMINATION OF THE CONTRACT MAY AT ITS SOLE OPTION TERMINATE THIS AGREEMENT UPON (30) DAYS WRITTEN NOTICE TO WESTERN. THE TERM OF THIS AGREEMENT MAY BE EXTENDED UPON THE WRITTEN MUTUAL AGREEMENT OF THE PARTIES HERETO. 2 AREAS OF APPLICABILITY. THIS AGREEMENT SHALL APPLY TO ALL AREAS IN THE CITY OF BOISE AND ADA COUNTY WHERE CURBSIDE COLLECTION SERVICES ARE PROVIDED BY BFI PURSUANT TO THE BOISE CONTRACT AND THE COUNTY CONTRACT, RESPECTIVEL Y 3 OBLIGATIONS OF SHALL: A. SEPARATE AND DELIVER TO WESTERN, RECYCLABLE MATERIAL COLLECTED CURBSIDE PURSUANT TO THE MERIDIAN CONTRACT, BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THIS CONTRACT MAY CHANGE PERIODICALLY AND THAT THESE CHANGES WILL BE MUTUALLY AGREEABLE TO BOTH PARTIES. FURTHERMORE, IT IS THE UNDERSTANDING OF BOTH PARTIES THAT ANY CHANGES THAT ARE MADE TO THE MERIDIAN CONTRACT SUCH AS COMINGLED COLLECTION I MAY AFFECT PRICING OF MATERIALS. FURTHERMORE BOTH PARTIES AGREE TO BARGAIN IN GOOD FAITH IN REGARDS TO THESE CHANGES IN MATERIAL PRICING AND THAT THESE CHANGES WILL IN NO WAY AFFECT THE TERMS OR CONDITIONS OF THIS AGREEMENT. B. MAINTAIN CERTAIN QUALITY STANDARDS FOR MATERIALS AS ARE SET FORTH IN ATACHMENT 'A' ATTACHED HERETO AND INCORPORATED HERIN BY REFERRENCE. BOTH PARTIES ACKWOLEGE AND AGREE THAT THESE STANDARDS ARE FOR GUIDELINE PURPOSES ONLY AND THAT ALLOWABLE PERCENTAGES OF CONTAMINATION ARE ACCEPTABLE AND THAT THESE QUALITY REQUIREMENTS MAY CHANGE FROM TIME TO TIME TO REFLECT MARKETS OR COLLECTION METHODS. C. DELIVER ALL SUCH RECYCLABLE MATERIALS COLLECTED PURSUANT TO THE MERIDIAN CONTRACT TO WESTERN'S FACILITY LOCATED AT 1990 S. COLE RD. (WESTERNS FACILITY) TO AN AREA WITHIN SUCH FACILITY SPECIFIED BY WESTERN PERSONNEL AND AT TIMES THAT ARE MUTUALLY AGREEABLE TO BOTH PARTIES. DELIVERIES WILL BE ACCECPTED A MINIMUM OF 5 DAYS PER WEEK DURING THE HOURS OF 7:00 A.M TO 5:00 P.M AND ON SATURDAYS WHEN REQUIRED BECAUSE OF HOLIDAYS. ( D. PERFORM SUCH DELIVERY SERVICES USING PROCEDURES AND EQUIPMENT WHICH REASONABLY MAXIMIZE EFFICIENCY AND SAFETY. E. PROVIDE PAYMENT TO WESTERN (OR DIRECT WESTERN TO OFFSET FROM AMOUNTS OWED TO ) AS IS REQUIRED FOR GLASS AND MIXED WASTE RECYCLABLE MATERIALS IN THE PRICING FORMULA AS PER ATTACHMENT liB", ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE, BOTH PARTIES ACKNWOLEDGE AND AGREE THAT SIGNIFICANT CHANGES INTHE QUALITY OR GRADE OF MATERIALS COLLECTED MAY ALSO BE SUBJECT TO PAYMENT TO WESTERN FROM F. AGREES TO INDEMNIFY, SAVE HARMLESS AND DEFEND WESTERN, ITS PRESENT AND FUTURE OFFICERS OR DIRECTORS (OR OFFICIALS), EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGESt FINES) SUITS, OR ADMINISTRATIVE PROCEEDINGS (INCLUDING REASONABLE ATTORNEYS FEES), WHICH ANY AND ALL OF THEM MAY HEREIN AFTER INCUR BECOME RESPONSIBLE FOR OR PAY OUT AS A RESULT OF DEATH OR BODILY INJURIES TO ANY PERSONt DESTRUCTION OR DAMAGE TO ANY PROPERTY RESULTING FROM THE NEGLIGENCE OR WILLFULL MISCONDUCT OF I ITS AGENTS, EMPLOYEES OR SUBCONTRACTORS IN THE PERFORMANCE OF THE AGREEMENT. 4. QBLIGATIONS OF WESTERN. WESTERN SHALL: A. PROVIDE ADEQUATE FACILITIES TO UNLOAD TRUCKS WHICH REASONABILY MAXIMIZE EFFIENCY AND SAFETY. B. GUARANTEE MARKETS FOR ALL COLLECTED MATERIALS SO LONG AS THOSE MARKETS ARE MUTUALLY AGREEABLE TO BOTH PARTIES HERTO; PROVIDED, HOWEVER MAY AT ITS SOLE OPTION, DESIGNATE MARKETS OTHER THAN AS SET FORTH IN ATTACHMENT IB'. IN SUCH EVENT, THE PRICING FORMULA IN SAID ATTACHMENT SHALLCONTINUE TO APPLY. C. WITHIN (5) FIVE DAYS FOllOWING THE END OF ANY CALENDER MONTH, PROVIDE WITH A MONTHLY STATEMENT OF ALL PAYMENTS DUE OR OWING AS PER THE PRICING FORMULAS SET FORTH IN ATTACHMENT 'B't AS WELL AS RECYCLABLE MATERIAL VOLUMES DELIVERED BY PURSUANT TO THIS AGREEMENT. WESTERN SHALL PAY ALL AMOUNTS DUE OR OWING WITHIN THIRTY (30) DAYS OF SUCH MONTHLY STATMENT. WESTERN SHALL KEEP COMPLETE AND ACCURATE RECORDS OF ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT; SUCH RECORDS AND ANY COMPLICATIONS THEREOF SHALL COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PROCEDURES, THESE STATEMENTS SHALL BE PROVIDED TO THE FOllOWING LOCATIONS: (I) D. WESTERN SHALL FURNISH TO A PERFORMANCE AND PAYMENT BOND WITHIN FORTY- FIVE (45) DAYS FROM THE DATE HEREOF) UNDERWRITTEN BY BY A CORPORATE SURETY SAT I FACTORY TO t IN THE PENAL SUM OF ONE HUNDRED THOUSAND DOLLARS ($100tOOO) AS SECURITY FOR THE FAITHFUL PERFORMANCE OF THIS AGREEMENT THE BOND SHALL CONTAIN ANY APPLICABLE STATUTORY LANGUAGE. E. PROVIDE ADEQUATE STAFF FOR THE RECEIPT OF MATERIALS AT WESTERN'S FACILITY UNLOADING AREA IN A MANNER WHICH WILL REASONABLY MAXIMIZE THE EFFICIENCY OF ANY DELIVERY BY F. WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF , WESTERN SHALL NOT DISPOSE OF BY ANY MEANS, INCLUDING BUT NOT LIMITED TO LANDFILL DISPOSAL OR INCINERATION, ANY RECYCLABLE MATERIALS DELIVERED PURSUANT TO THIS AGREEMENT, G. WESTERN AGREES TO INDEMNIFY SAVE HARMLESS AND DEFEND ,ITS PRESENT AND FUTURE OFICERS AND DIRECTORS (OR OFFICIALS), EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES ,CLAIMS, DAMAGES, FINES, SUITS OR ADMINISTRATIVE PROCEEDINGS (INCLUDING REASONABLE ATTORNEYS FEES) WHICH ANY OR ALL OF THEM MAY / i HEREINAFTER INCUR, BECOME RESPONSIBLE FOR OR PAY CUT AS A RESULT OF DEATH OR BODILY INJURIES TO ANY PERSON,DESTUCTION OR DAMAGE TO ANY PROPERTY RESULTING FROM THE NEGLIGENCE OR WILLFULL MISCONDUCT OF WESTERN, ITS AGENTS, EMPLOYEES OR SUBCONTRACTORS IN THE PERFORMANCE OF THE AGREEMENT. 5. FORCE MAJEURE EXCEPT FOR THE OBLIGATION TO PAY AMOUNTS OWED PURSUANT TO THIS AGREEMENT, NEITHER PARTY HERETO SHALL BE LIABLE FOR ITS FAILURE TO PERFORM HEREINUNDER, IN WHOLE OR IN PART, DUE TO CONTINGENCIES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO,STRIKES, RIOTS WAR, FIRE, ACTS OF GOD, INJUNCTION, COMPLIANCE WITH ANY LAW, REGULATION OR ORDER, WHETHER VALID OR INVALID, OF THE UNITED STATES OF AMERICA OR ANY OTHER GOVERNMENTAL BODY OR ANY INSTRUMENTALITY THEREOF, WHETHER NOW EXISTING OR HEREINAFTER CREATED. 6. MAY FROM TIME TO TIME AND WITH REASONABLE NOTICE TO WESTERN CONDUCT AN AUDIT OF ALL RECORDS OF WESTERN AS THEY RELATE TO ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT. 7. COMPLETE AND SEPARATE AGREEMENT. THIS AGREEMENT ISA COMPLETE AND SEPARATE AGREEMENT FROM ALL OTHER AGREEMENTS HERETOFORE ENTERED INTO BETWEEN THE TWO PARTIES AND SHALL HAVE NO EFFECT ON THE RIGHTS OF THE PARTIES GUARENTEED UPON THOSE AGREEMENTS. 8. ASSIGNMENT. THIS AGREEMENT SHALL NOT BE ASSIGNED WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF BOTH PARTIES. 9. NO AGENCY OR PARTNERSHIP. NOTHING IN THIS AGREEMENT SHALL BE DEEMED OR CONSTRUED BY THE PARTIES HERETO OR BY ANY THIRD PARTY AS CREATING THE RELATIONSHIP OF PRINCIPLE AND AGENT, EMPLOYER AND EMPLOYEE OR OF PARTNERSHIP OR OF JOINT VENTURE BETWEEN THE TWO PARTIES HERETO. 10. NO WAIVER. THE FAILURE TO TAKE ACTION WITH RESPECT TO ANY BREACH OF ANY TERM COVENANT, OR CONDITION OF THIS AGREENENT SHALL NOT BE DEEMED TO BE A WAIVER OF SUCH TERM, COVENANT, OR CONDITION OR ANY SUBSEQUENT BREACH OF THE TERM, COVENANT, OR CONDITION. THE SUBSEQUENT ACCEPTANCE OF PAYMENTS UNDER THIS AGREEMENT SHALL NOT BE DEEMED TO BE A WAIVER OF ANY BREACH OF ANY TERM, COVENANT, OR CONDITION. IN WITNESS WHEREOF THE PARTIES HERETO BY THEIR DULY APPOINTED OFFICERS HAVE EXECUTED THIS AGREEMENT. WESTERN RECYCLING "WESTERN" BY NAME TITLE- BY NAME- TITLE- ATTACHMENT B ALUMINUM CAN PRICING EQUATION QUOUTED SHIP POINT PRICE; ANHAUSER BUSCH RECYCLING HAUSER LAKE $0.57fTON $0.57fTON PROCEEDS TO BE DISTRIBUTED AS FOLLOWS; 60 % $0.342rrON 400/0 WESTERN $0.228rrON IN NO EVENT SHALL WESTERN PAY AN AMOUNT THAT IS LESS THAN $0.16 PER POUND. PLASTIC PRICING EQUA liON QUOTED DELIVERED PRICE FOR MIXED PLASTIC BALES; GARTEN FOUNDATION SALEM, OREGON: FIBERS INTERNATIONAL BELL VUE WASHINGTON AVERAGE DELIVERED PRICE LESS .5 PER LB. FOR PROCESSING LESS .1 PER LB FOR FRIEGHT $0.06 PER LB. $0.06 PER LB. $120.0rrON $100.00rrON $ 20.00rrON REMAINDER PAID TO OR BY $0.00 IN NO EVENT SHALL BE CHARGED MORE THAN $20.00 PER TON FOR PLASTICS. TIN CAN PRICING EQUATION DELIVERED PRICE FOR BALED TIN CANS: NUCOR STEEL PLYMOUTH, UTAH LESS FRIEGHT $60.00 PER TON ($15.00) PER TON $45.00 PER TON REMAINDER TO BE SPLIT- 50% 50% WESTERN $22.50 $22.50 NEWSPAPER PRICING EQUATION DELIVERED PRICE FOR BALED DE-INK NEWSPAPER: JEFFERSON SMURFIT NEWSPAPER NORPAC NEWSPAPER AVERAGE DELIVERED PRICE LESS FREIGHT LESS PROFIT AND PROCESSING $60.00 PER TON $67.00 PER TON $63.50 PER TON ($22.00 PER TON) ($30.00 PER TON) REMAINDER PAID TO_ $11.50 PERTON -30.00 - 0.00 0.00 - 30.00 31.00 - 60.00 61.00- + 500J'o 60% 70% 80% ALL PRICE INCREASES OR DECREASES SHALL BE SPLIT ACCORDING TO THE FOLLOWING: WESTERN 500/0 40% 30% 2.00/0 IN NO EVENT SHALL WESTERN CHARGE MAGAZINE PRICING EQUATION DELIVERED PRICE FOR BALED MAGZINES: JEFFERSON SMURFIT NEWSPAPER. NORPAC NEWSPAPER AVERAGE DELIVERED PRICE LESS FRIEGHT LESS PROFIT AND PROCESSING AMOUNT PAID TO IN NO EVENT SHALL WESTERN CHARGE FOR NEWSPAPER $45.00 PER TON $52.00 PER TON $48.50 PER TON ($22.00 PER TON) ($20.00 PER TON) FOR MAGAZINES $6.50 PERfTON MIXED WASTE PRICING EQUATION AVERAGE DELIVERED PRICE FOR MIXED WASTE: WEYERHAUSER N. BEND/SPRINGFIELD GEORGIA PACIFIC TOLEDO FIBERS INTERNATIONAL, BELLEVUE AVERAGE DELIVERED PRICE LESS FRIEGHT LESS PROFIT & PROCESSJNG AMOUNT PAID TO/BY $50.00 $35.00 $25.00 $46.66 ($22.00) ($25.00) -(10.34) BE CHARGED MORE THAN $20.00 PER TON FOR MIXED WASTE IN NO EVENT SHALL / I.' ( Attachment C Example Public Education Materials Attention City of Moscow Curbside Recvclers! Please set out your recycling bin by 7:00 a.m. __~ Your recyclables may not necessarily be collected the same time as your gar- " bage. Please make sure to set out your recycling bin by 7:00 a.m. Call Moscow Recycling at 882-0590 if you have any questions. Thank you for participating! Visit our website at www.moscowrecycling.com ( Catch the "Curb It! II Fever City of Moscow's Curbside Recycling Program Begins the week of Monday, April 5th Look in loday's Dailv News for more information "Curb It II program for City of Moscow households onlv ~ Moscow Recycling Visit ourwebsite at www.moscowrecycling.com Attention Moscow Curbside Participants. Moving During the Month 0' MaV . . . Please do not take your recycling bins with you when you leave. The curbside bins are the property of Moscow Recycling and are to remain at the residence where they.were assigned at the start of the program. If you have any questions, please call Moscow Recycling at 882-0590. ~~AC"'" ':~\<"""h,~~M;tiS~co>>l< ".Resiae.nJ"s..~.,y~,,, ~i:;: ..~~ ..i..",~~:;.H"I::.. ~:;~. ?1~~:..._~_-:..:. ., ,~. .Lt:7..~~;"'~~:"i:,.tM.. .:..:.1.:~"":~;;;';'~-..L";~~;+;2~~..~:..t+i;;:.;;:'.~~.~X~jt .'!~.~;.,,__,. _,:~:. ._~~~.\~~..~'~'~.;_.~;;,;;.t.~~~:~~~'5;S.~:~~:.-~.r~.-,t ~~.~ .....:.~.~\.tj....\~. .-.~~~-,_.:.$:...-:( .::;i..~Jo. "(..:;i~~h;:~~; ~ ~ All eligible Moscow ,J3.~sidents are encouraged ~o participate in the FREE Curb It! .~.~r6si'~e RepVcJ!ng ~~,rC?gram. Eligible house- holds are those ~,bi ~h :'" .~ '~';;?, .,;~"':r';;':;::':;;::, +Are I ocate8";with in . U1e'; Qli"y,'of"Mt;i'seow.<, \ +Live in a., 're,~tg,~Q.9~:wJt.tLf9YJ~gr.f~~,~.r ynits + p lac~"'ajrasb-Gan'"on " t~.e c.cu rb.- fort"qollection ~~. ~,_ :{:..t>.~~~_J .~.:j ~ -: If your householCl rJieets tt(~$'e'~,-re~q~,ireme~ts, please contact ,; J .. '.-..' ..;:... ,~ Moscow RecYf,Hn~._~ at~:~82-0~,,90.:fQt~m.ore inf<?~~ation. , l-.. .. S n ...::." ,"1 'I '..A, If you are not"eligible for fh~e:'Cllrbj, I~! prog~am, you are en- ~~, ~.:o.., (".. "T. ~ .. .. . ..:. _..-;. :r~;.. ..~~.. _.~+..-;'";.. .~ .. couraged to use M~~0W.:.R~9ycUOff~~:24.:hq.H~:~R~cycling Drop-off Center, located at 40'1~~';N :',,~a acks~6 n-~:St::,~"i n--- M.c{sc6W~~ Radio Advertising for Curbside Recycling-March, 1999 Hello, my name is Relene Johnson, CEO of Moscow Recycling and Latah Sanitation. All of us want you to "Catch the Curb It! Fever." Curbside Recycling will begin the week of AprilSth for all City of Moscow Households. This program offers an economical and convenient once-per-week collection service for a wide range of commodities. Each household will receive two green 18 gallon bins, a "Your guide to Curb It! Curbside Recycling brochure and a Curbside Recycling Calendar delivered to your do or step- the week of March 22nd. For more information, call 882-0590. Participate, and catch the Curb It! fever!!!! If. 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C/J ,:: cr ~ e tr l>> '"i J>> 0 S-' P"' ~ ~-' .S:.(D ~1 i "1 oa en g: ..... 0 0 2 f:;,~. g.-~ !!-;~ ~ .~S: ~ q ~ s:~. E. P': ~~ @ . ~_"'r ~~ po' ~os:g ;J.. aa~~' rrl 59.0 lb' to; ~ ~ ~. :;. C1J 0 pt. 0 fS"' ~ ~ & ~ ~ 00' ft: ~ p ~ C'b g. ..... ft m co =-- ~ t:r" ~ ~.,~ ~ "t:J ~ UJ to t'tj t:T t'tJ C'O .E ci ~ m ~ c-t" g ~ ~ '~~ ~ S. ..... T I tIl'T ~ ~I C'1" 9~n;~ ~ (0 r") ~ r" ~... C"P 0" ~ n ?:;""' ~ IU ()'Q C'D ~ t.- o = '< o .= 't-t . P':'~Alr."'" ..,.,.".1111 Moscow mal<es 1 ' its pitch No major problems to report witn new curbside recycling 'By Nina Staszkow . Staff Writer Friday it was a full jar of pickles. Some days it's been a lone piece of cake left in its plastic container or other food missed by recyclers who set their goods on Moscow's curbs. They aren't mistakes formd by Latah Sanitation Inc. staff after the first full two- week cycle of tpe city's new ctrrbside ser- vice. These are merely examples of the "weird stufi" curbside truck driver Greg Glinski has noticed~ There haven't been any major proplems since' the service began April ~5. t "I don't know if (the pickles) are garbage or if they 'want us to have a snack," Glinski said Friday as he laughed about the jar of pickles left near a Fort Russell resident's recycling bins. Besides the things that make' Glinski smile as he drives his neW route - includ- , -ing the 5-year-old boy who followed the curbsi~e 'truck to several homes Thursday insisting his mother wouldn't miss him -:.- . Glinski. and ISI co-owner Helene joimsgn ~said things ~ going smootJ:ily: . " "The s~rvice' is befug very' >:well r~ived," Johnson said. "So far, sO good,."' After 'earlier concernS:from residents .about the elaborate inStnictions for sort- ing products, .Johnson lsaid for the most ~ . ~ J See Pitch back pag~ (- (' . '., . ~ ',", " ,',..:' ". ,.:.' '. .",'. " , '. . ',.'. . 'Geoff Cnmmlns ~dy ~Oyd, from~atahSa~itation/fy18~~~~::;Reo/cl~rg,. dumps ,Cq~gb?~rd In~o hiS ttupk whll~.,~ol!tc~ng reqYR!.~~I!t~.~;put$l~e',JY1osc.owreslderqes Fnday. The .Mosco~.~,9~tbsla~ recychng'.pr(jgr,a~ stqrted f\pnl ,5. '.'. ~, ", -:'..,t.... ~ ." '.' _I,'" _~,.;.: '.J';~~'_'_.!_"L: ( May 18,2000 Department Report MERIDIAN CITY COUNCIL MEETING APPLICANT City Engineer - Gary Smith May 23, 2000 ITEM NO. 6-8-1 REQUEST Easement Agreements for Five Mile Creek Parallel Pipe AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Easeln.ett. I ~ree1'hert--ff /,IJirA..- *- 8, c. f3ew$ * ,/I?Clh5 Lakds Lf~ "* Younj Lahds L 72J CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ~ 6!f9/ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ( SANITARY SEWER EASEMENT THIS INDENTURE, made this _ day of April, 2000 between E. L. Bews, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-at-way for the permanent and temporary construction easements tor the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "All AND "B") The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line 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. The temporary construction easement hereby granted is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in constructing the sewer line and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 3 THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, large trees or brush within the area'described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. CITY OF MERIDIAN Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk SANITARY SEWER EASEMENT, Page 2 of 3 ( STATE OF IDAHO ) ) ss County of Ada ) On this (t, day of apf<> I/~ , 2000, before me lLO 1 personally appeared . E.L gtU)S , proved to me on the ses of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same. Commission Expires: b /;/0 /ZPtJ5' / / SANITARY SEWER EASEMENT, Page 3 of 3 ~ (" J.U.B ~ ~ ( Engineers Surveyors Planners Project No.: Date: Revised: Parcel No.: Grantor: 5 Mile Relief Sewer (11616-03) April 7, 2000 May 12, 2000 50435438600 Edward L. Bews CITY OF MERIDIAN EXHIBIT uA" A 32' WIDE PERMANENT SANITARY SEWER LAND SITUATED IN ADA COUNTY A strip of land located in the Southeast ~ of Section 35, T.4N., R.1W., B.M., Ada County, Idaho, for the. purpose of a 32 -foot wide permanent sanitary sewer easement lying 20 feet Southerly and 12 feet Northerly of the following described line: Commencing at a brass cap marking the Southwest corner of Section 35, T.4N., R.1W., B.M., Ada County, Idaho. From said cap, a ~" iron pin marking the West % corner of said Section 35 bears North 00053'21" East, 2,643.52 feet; thence North 00053'21" East along the Easterly boundary of said Section 35, 1, 153.21 feet to a point; thence leaving said Westerly boundary South 89006'39" East, 25.00 feet to a point on the existing Easterly right-of-way of Ten Mile Road; thence South 59052'40" East, 466.70 feet to a point; thence South 80021 '43" East, 412.45 feet to a point; thence South 80033'17" East, 446.64 feet to a point; thence South 80029'11" East, 375.27 feet to a point; thence South 63000'45" East, 424.73 feet to a point; thence South 61049'50" East, 399.12 feet to a point; thence South 62031 '49" East, 282.80 feet to the point on the Westerly boundary of Parcel No. 50435438600. Said point being the REAL POINT OF BEGINNING; thence continuing South 62031'49" East, 25.72 feet to a point; thence South 64004'59" East, 290.07 feet; thence South 88016'01 " East, 315.30 feet to a point of terminus on the Easterly boundary of said parcel. From said point, a 5/8" iron pin marking the South.~ corner of Section 35 bears South 81038'53" West, 607.19 feet. Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION TOGETHER WITH: A 25-foot wide temporary construction easement being 25-foot Northerly and coincident with the Northerly boundary of above-described permanent sanitary sewer easement. Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION Prepared by: * Refer to Exhibit ffB" J-U-B ENGINEERS, Inc. LHK:lhc Lawrence H. Koerner, P.L.S. 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WJ= < .. ~ lo N ~~~ N n ll)()W ')l' I: (j) I SANITARY SEWER EASEMENT THIS INDENTURE, made this _ day of April, 2000 between Young Lands L TO, 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 right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATIACHED EXHIBITS "A" AND UB") The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line 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. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. The Grantee also agrees to the following: 1. alfalfa damaged do to construction will be replanted, and 2. surface rock greater than two inches in diameter in fields within the construction area will be removed. SANITARY SEWER EASEMENT, Page 1 of 3 ( ( THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush 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 of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. CITY OF MERIDIAN Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk SANITARY SEWER EASEMENT, Page 2 of 3 ( STATE OF IDAHO ) ) ss County of Ada ) On this I ( day of Jij>~ I L , 2000, before me, the unders~' ed, a Notary Public in and for said State, personally appeared J/(J!i2!<.~ j\. 'A Aft; J known or identified to me to be the President of the 'corpor tion th t executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. b /J(~ / 2 otJ5 / I Commission Expires: SANITARY SEWER EASEMENT, Page 3 of 3 ~ ('" J.U.8 -A ( ~ Engineers Surveyors Planners Project No.: Date: Revised: Revised: Parcel No.: Grantor: 5 Mile Relief Sewer (11616-03) April 7, 2000 April 17, ?OOO May 12, 2000 S0435438410 Young Lands L TO CITY OF MERIDIAN EXHIBIT "A" A 32' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A strip of land located in the Southeast ~ of Section 35, T.4N., R.1W., B.M., Ada County, Idaho, tor the purpose of a 32.foot wide permanent sanitary sewer easement lying 20 feet Southerly and Westerly of and also 12 teet Northerly and Easterly of the following described line: Commencing at a brass cap marking the Southwest corner of Section 35, T.4N., R.1W., B.M., Ada County, Idaho. From said cap, a Y2" iron pin marking the West 1A corner of said Section 35 bears North 00053'21" East, 2,643.52 feet; thence North 00053'21" East along the Easterly boundary of said Section 35, 1,153.21 feet to a point; thence leaving said Westerly boundary South 89006'39" East, 25.00 feet to a point on the existing Easterly right..ot-way of Ten Mile Road; thence South 59052'40" East, 466.70 feet to a point; thence South 80021 '43" East, 412.45 feet to -a point; thence South 80033'17" East, 446.64 feet to a point; thence South 80029'11 " East, 375.27 feet to a point; thence South 63000' 45" East, 424.73 feet to a point; thence South 61049'50" East, 399.12 feet to a point; thence South 62031 '49" East, 308.52 feet to the point; thence South 64004'59" East, 290.07 feet; thence South 88016'01" East, 315.30 feet to.a point on the Westerly boundary of Parcel #50435438410, THE REAL POINT OF BEGINNING; thence continuing South 88016'01" East, 36.99 feet to a point; thence South 88006'09" East, 286.97 feet to a point; thence South 43011 ' 35" East, 14.14 feet to a point; thence South 03016'51" West, 19.07 feet to a point on the existing Northerly right-of..way of Ustick Road. The point of terminus of this description; from said point, a 5/8" iron pin marking the South ~ corner of Section 35 bears South 87002'29" West, 934.37 feet. Sidelines to be shortened or lengthened to match the beginning and terminus of this descri ption. END OF DESCRIPTION * ~-ru.B ~ ( ~ City of Meridian Exhibit "A" Young Lands LTD April 7, 2000 Revised: April 17, 2000 Revised: May 12, 2000 Page 2 Engineer~ Surveyors Planners TOGETHER WITH: A 25-foot wide temporary construction easement being 25-foot Northerly and Easterly and coincident with the Northerly and Easterly boundaries of the above-described permanent sanitary sewer easement. Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION Refer to Exhibit "B" Prepared by: J-U-B ENGINEERS, Inc. LHK:lhc Lawrence H. Koerner, P.L.S. F:\projects\ 11616\admin\young lands 2 perm sewer easement.doc * C/) l- ( Z I W ~ -I L I La.. W ~ \D CJ ~. 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R I ~ z .~ <[ ~ I . ~ I--i ~ ~ ~ ~ ::r; .-- -.J (I) I--t -;:.. ai 0:::: d j:Q -;:.. c.: w 5 j:q ~ 2: ~ A ~ ~ J l- t- Z Z w w w :::E :::E w w z U) C/) :J <( <( a:: w w I- ~ I- 0::: Z (J) ~ W W Z ~ (j) 0 w bf~>- () (J) <(:JO::: >- .-- Wt-~ 0 a::: z Z <( w ZZz w a::: z ~W..:( (!) 0 w a:::QU1 --11~ 0... ~ < W ::E 0::: 0(/)0 - e:::::::x -' ~ W ~<{Z 0.. _WF 'J c--' ~-I(j) lo N lOd~ N tr) I: I I, (J) SANITARY SEWER EASEMENT THIS INDENTURE, made this _ day of April, 2000 between Young Lands L TO, 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 right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "A" AND UBJJ) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line 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. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. The Grantee also agrees to the following: 1. replace and/or repair three "field drainJJ culverts within the permanent easement area, 2. if construction disrupts or prohibits the harvest of winter wheat within the easement area, grantors will be SANITARY SEWER EASEMENT, Page 1 of 3 compensated for the loss based on the estimated quantity and the local fair market value of wheat lost, 3. surface rock greater than two inches in diameter in fields within the construction area will be removed, and 4. grantors will be consulted as to final manhole placement THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush 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 of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. ?I- CITY OF MERIDIAN Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr. J City Clerk SANITARY SEWER EASEMENT, Page 2 of 3 ( STATE OF IDAHO ) ) 55 County of Ada ) On this I J day of ~ f'R I L , 2000, before me, the under igned, a Notary Public in and for said State, personally appeared , known or identified to me to be the President of the corpo ation hat executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. &./10/ZCJ05 / I Commission Expires: SANITARY SEWER EASEMENT, Page 3 of 3 ~ ..... J-U-8 ~ ~ ( Engineers Surveyors Planners Project No.: Date: Revised: Parcel No.: Grantor: 5 Mile Relief Sewer (11616-03) April 7, 2000 May 12, 2000 50435346619 Young Lands L TD CITY OF MERIDIAN EXHIBIT tfA" A 32' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A strip of land located in the Southwest ~ of Section 35, T.4N., R.1W., B.M., Ada County, Idaho, for the purpose of a 32..foot wide permanent sanitary sewer easement lying 20 feet Southerly and 12 feet Northerly of the following described line: Commencing at a brass cap marking the Southwest corner of Section 35, T.4N., R.1W., B.M., Ada County, Idaho. From said cap, a Yz" iron pin marking the West ~ corner of said Section 35 bears North 00053'21" East, 2,643.52 feet; thence North 00053'21" East along the Easterly boundary of said Section 35, 1, 153.21 feet to a point; thence leaving said Westerly boundary South 89006'39" East, 25.00 feet to a point on the existing Easterly right..of-way of Ten Mile Road; thence South 59052' 40" East, 466.70 feet to a point; thence South 80021 '43" East, 412.45 feet to a point; thence South 80033'17" East, 446.64 feet to a point; thence South 80029'11" East, 37.59 feet to a point on the Westerly boundary of Parcel No. 50435346619. The REAL POINT OF BEGINNING hereinto referred to as Point rtA". thence South 80029'11" East, 337.68 feet to a point; thence South 63000'45" East, 424.73 feet to a point; thence South 61049'50" East, 399.12 feet to a point; thence South 62031 '49" East, 282.80 feet to the point of terminus on the Easterly boundary of said parcel. From said point, a 5/8" iron pin marking the South ~ corner of Section 35 bears South 00026'19" West, 236.39 feet. Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION TOGETHER WITH: A 25-foot wide temporary construction easement being 25..foot Northerly and coincident with the Northerly boundary of above-described permanent sanitary sewer easement. Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION J..U..B ENGINEERS, Inc. ~ * Refer to Exhibit rtB" Prepared by: LHK: lhc Lawrence H . Koerner, P. L. S. 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':. ~ - --. -- /7i @' I I ! u . ! -- ---1 ~..- . , ~~I .~ ~ n Ii I 2t "- "- " '-, (*1) May 18/ 2000 Department Report MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor Robert Corrie May 23/ 2000 ITEM NO. 6-A- 1 REQUEST Appointment of Deputy City Clerk AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: if V b'\/V #vpffJ stJ' ~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ~ (- (--- ORDINANCE NO. 804 fi141' ;\ ../,1.+ , ~~ L... -' () ~:.t.,-1~.^. ,~" ll"l '.l')l:-~ t.::,. //JJ!!l 0;:. .i;j;;"<t':!) :~~:' .:/<1-..; "'V CITY OF MERIDIAN AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING CHAPTER 8, TITLE 1, OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, PROVIDING FOR THE ADDITION OF A NEW SECTION 1-804A CREATING THE POSITION AND PROVIDING FOR THE DUTIES OF THE DEPUTY CITY CLERK. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: It is found by the City Council that: A) there are times when the City Clerk cannot be present to transact the ordinary everyday business of the office of the City Clerk; B) that circumstances arise whereby in the City Clerk's office it is necessary, in order to timely manage the business and affairs of the City, that an Deputy be able to act in the place of the City Clerk; C) that it is in the best interest of the City that the City Council exercise its authority under Idaho Code Section 50-204, to create the office of Deputy Clerk. SECTION 2. That Chapter 8, Title 1, be and the same is hereby amended by the addition thereto of a new Section 1-804A to read as follows to-wit: 1-804A: DEPUTY CITY CLERK, DUTIES: There shall be the office of Deputy City Clerk who shall perform such duties as assigned by the City Clerk, and who shall have full authority to act in the place and stead of the City Clerk in the event of the City Clerk's absence and/or inability to perform the duties of the office. The person filling the office of Deputy City Clerk shall execute any and all official bonds approved by the City Council to the officenf the Citv Clerk. which bonds are filed with the Mayor.Ciftlk~~ . ...., 11/1 v3 &I ~- .' 1 &h /J/l . jftr 50-203 MUNICIP.A,L CORPORATIONS 508 50-203. Officials - Compensation. - The officials of each city shall consist of a mayor and either four (4) or six (6) councilmen whose compen_ sation shall be fixed by ordinance passed at least sixty (60) days before any general city election, which ordinance shall be effective for all said officials commencing on January 1 following said election and continuing until changed pursuant to this section. (1967, ch. 429, ~ 33, p. 1249; am. 1976, ch. 45, S 8, p. 122.] Compiler's notes. Section 32 of S.L. 1967, ch. 429 is compiled as 9 50-308. Section 34 of S.L. 1967, ch. 429 is compiled as S 50-21l. Sections 7, 9 of S.L. 1976, ch. 45 are com- piled as 22 50-1007, 31-1601, respectively. Section 32 of S.L. 1976, ch. 45 read: uIn order to provide an orderly sequence for im- plementation of the provisions of this act: (a) Sections 1, 2, 3, 4, 7, 8, 9, 10, 11, 15, 27 and 31 shall be in full force and effect on and after January 1, 1977; (b) Sections 5, 6, 12, 13, 14, 20, 21, 22, 26 and 30 shall be in full force and effect on and after July 1, 1977; (c) Sections 16, 17, 18, 19, 23, 24, 25, 28, and 29 shall he in full force and effect on and after October 1 1977." , Cross ref. Qualifications, powers and du- ties of councilmen, SS 50-701 - 50-708. Qualifications, powers and duties of mayor, SS 50-601 - 50-611. Cited in: State v. Whelan, 103 Idaho 651; 651 P.2d 916 (1982). DECISIONS UNDER PRIOR LAW Signature of Warrants. It was duty of mayor to sign warrant pre- sented to him for signature on claim allowed by city council. Rice v. Gwinn, 5 Idaho 394, 49 P. 412 (1897). 50-204. Appointment of officers - Oath - Bond. _ The mayor; except as otherwise provided in sections 50-801 through 50-812, with the consent of the council shall appoint a city clerk, a city treasurer, a city attorney and such other officers as may be deemed necessary for the effi- cient operation of the city. The city clerk, city treasurer, and such other officers as are designated by the council shall, before entering upon the duties thereof, execute a bond to the city in such penal sum as the city council may by ordinance determine, conditioned on the faithful perfor- mance of his duties. All official bonds shall be approved by the city council and when so approved shall be filed with the city clerk, except the bond of the city clerk, which shall be filed with the mayor. (1967, ch. 429, ~ 68, p. 1249.] Compiler's notes. Section 67 of S.L. 1967, ch. 429 is compiled as g 50-341. Cross ref. Mayor and council to fill vacan~ cies in office, S 59-905. Worker's compensation applies to munici~ pal officers and employees, S 72-205. Cited in: Bunt v. City of Garden City, 118 Idaho 427, 797 P.2d 135 (1990). AN AL YSIS Police officers. Presumption of official action. Police Officers. The historical progression of the relevant statutory sections shows the legislature's in~ tention to limit the officers required by stat. ute to be appointed by the mayor with the consent of the city counciL Police officers, once included in the above category, are not expressly enumerated in the present version of this section, and the apparent legislative intent was to delete police officers from the requirement of mayoral appointment, with city council approval, applicable to other offi.. cers. State v. Whelan, 103 Idaho 651, 651 P.2d 916 (1982). f ~ . . "_r] '"~j Presumption of Official Action. . In a prosecution for resisting an officer l~ the performance of his duty, in the absence 0 a showing by the defendant that the city re. quired police officers to post a bond, the court :t~ .-, '--I~ ~~- -1~ ~::~; <,; ~ ' 5~~ GENERAL PROVISIONS - GOVERNM{ t ~) t, ~ f ,1 ~ ~ ~, ~ ,. ~ r. - TERRITORY 50.. 207 had to presume that the two complaining offi- cers had been properly appointed and were carrying out the duties of the office. State v. Whelan, 103 Idaho 651, 651 P.2d 916 (1982). DECISIONS UNDER PRIOR LAW ANALYSIS appointed by and was under the direction and control of the board of trustees. Miller v. Mullan, 17 Idaho 28, 104 P. 660,19 Ann. Cas. 1107 (1909). policemen. Removal. Statute of limitations. policemen. Under fonner section the mayor was autho- / rized to appoint policemen by and with the :/'_, _ consent of the council; this was the only I'~~: . method by which policemen of a city could be ~ appointed. Moore v. Hupp, 17 Idaho 232, 105 P. 209 (1909). Statute of Limitations. With respect to running of statute of limi- tations, cause of action on bond of city trea- surer for money deposited without authority in bank which failed accrued when he failed to turn over funds of city at close of term. City of St. Anthony v. Mason, 49 Idaho 717, 291 P. 1067 (1930). Collateral References. Vehicle, construc- tion and application of statutes making mu- nicipal corporations liable for damages due to negligence of official or employee while oper- ating. 136 A.L.R. 582. 1; H_ S II '~,l ;.. f. ~: " _ Removal. r:t No power exists to dismiss or discharge any '.{.: elective officer. All officers having anything '~,- to do with streets and sidewalks were elective \ officers, except street commissioner, who was ~ If- 'f ~, ); 1 J 1.'! i ~ J . . ? .1 ,50-205. Refusal to confirm appointments - Vacancies. - If the Ycity council shall refuse to confirm any nomination, the mayor shall then ~;'within ten (10) days thereafter, nominate another person to fill the office :8i1Ci he may continue to nominate until his nominee is confirmed. If the 'mayor fails to make another nomination for the same office within ten (10) aa.ys after the rejection of a nominee, the city council shall appoint a suit- able person to fill the office during the term. The affirmative vote of one ,J"ir (1/2) plus one (1) of the members of the full council shall be required to ~:.. .hfirm any nomination made by the mayor. Whenever a vacancy shall ~::.,' ~. in an appointive office, the vacancy for the unexpired term shall be ,l~ by appointment in the same manner as the original appointment. ~ 9~~7) ch. 429, 9 69, p. 1249.] -'I. -av; .' 1.- ,:~96. Removal of appointive officers. - Any appointive officer, ~~appointed under sections 50-801 through 50-812, may be removed by ~,~yq.r for any cause by him deemed sufficient; but such removal shall Y1r~d with the affirmative vote of one half (1/2) plus one (1) of the --~~~ o~ the full council; provided, that the city council, by the unani- _~~Qte of all its members, may upon their own initiative remove any nti ffi [ .~.,-..~ye .0 lcer. 1967, ch. 429, 9 70, p. 1249.] .,~. fJ.. (1" Jof,.P~iice. holder was therefore possible at the will of Ol!l~.'orChief of Police is an appointive the employer, with no notice or hearing re- . '__ i to this section's employment-at- quired. Bunt v. City of Garden City, 118 "".;..~work. and removal of the office Idaho 427, 797 P.2d 135 (1990). .r:;f:'; - :, <i~~-'''' Duties of the clerk - Journal - Administering oaths. - . ~t~lerk shall keep a correct journal of the proceedings of the council ~ have the custody of all laws and ordinances of the city. He may "jr oaths to any person concerning any matter submitted to him or ...;"-.- ;~', h:,' ':. ' May 18, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT Resolution No. ~~ May 23, 2000 ITEM NO. 5 REQUEST Policy Regarding Overtime Compensation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: . ~ 1A ." 0..-1 '}J 17 ~ ~~ ~ {}' rlt~Jp) t/~.{ltf IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ( interoffice MEMORANDUM /~ RECEIVED MAY 2 4 2000 CITY OF MERIDIAN To: From: Marlene St. Geo Subject: Overtime Pay Resolution Date: May 24, 2000 Will: Pursuant to last nights City Council meeting, please find attached the revised Resolutiol1 pertaining to the overtime pay. The changes have been made as requested at the meeting. If you have any questions please advise. Z:\ W ork\M\Meridian 15360M\Police Dept\resolution pay\Wil1052400.Mem RESOLUTION NO. 3 2/ A RESOLUTION SETTING POLICY REGARDING CALCULATION OF OVERTIME COMPENSATION WHEREAS, the City of Meridian has written policies for calculation and paYlnent of overtilne cOlupensation; and WHEREAS, actual practice, in various departments, has not complied with these written policies; WHEREAS, it is necessary to clarify policies, and conform future practices to those policies. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL"as follows: I. Except as modified in this resolution, the written policies of the City of Meridian are affirmed and ratified. Any practices that do not match these written policies are to be discontinued immediately. 2. Effective June 2000 pay period, overtime compensation for all non exempt personnel shall be calculated as follows: A. Fire Department Personnel: According to the applicable union contract. B. All other non exempt personnel: All time worl<.ed in excess of forty (40) hours within a seven (7) day period (not including any paid leave such as sicl, leave, vacation, etc.)shall be compensated at a rate of one and one-half (1.5) times the regular hourly rate of pay. 3. Effective June 2000 pay period, court time for sworn law enforcement personnel, unless the court time occurs during a regular shift, shall be paid at the rate of one and a half (1.5) times the regular hourly rate of pay for the actual tilue taken for the court appearance, or two (2) hours, whichever is greater. RESOLUTION AMENDING RESOLUTION #277 - PAGE 1 OF 2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 23~ day of I1tPj ,2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z~r1:: day of 1J1ttf ,2000. RESOLUTION AMENDING RESOLUTION #277 - PAGE 2 OF 2 ** TX CONF I p. -"'T I ON REPORT ** ( AS OF MAY it -g 17:32 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 12 05/18 17:31 2882501 MODE MIN/SEC PGS CMD~ STATUS EC--S 00'53" 002 169 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN Phone: 208-888-4433 Fax: 208- 888--4218 Fax To: Marfene From: Pauline Skeggs Date: May 18, 2000 Fax: (208) 288-2501 Phone: (208) Pages: 2 Re: Resolution for Off cc: o Urgent Ofar Review o Please Comment DPJease Reply o Please Recycle -Comments: Marlene. The wording you used on the revised orr resoJution is incorrect. On the fire department personnel please use the exact wording I have circled from the union contract 10 correct the resolution. If you have any questions, please give me Will a call. cc: Will Berg .. ,~ I / // " COLLECTIVE LABOR AGREElVllf ~ ( , modify or alter in any way, the provisions of this Agreement. The cost of arbitration shall be borne equally by the DEPARTMENT and UNION. ARTICLE 16 -NO STRIKES - NO LOCKOUT · Upon the consummation and during the term of this Agreement, no member of the Fire Department covered by this agreement shall strike or recognize a picket line of any labor organization while in the performance ofhislher official duties, in accordance with Idaho Code Section 44-1811. It is mutually agreed that there shall be no strike authorized by the UNION and no lockout authorized by the EMPLOYER, except for the refusal of either party to submit to or abide by the grievance procedure set forth herein. No picket line, at or around the City's property, established by any other person or organization shall be sanctioned or honored during the term of this Agreement. The UNION agrees that as part of the consideration for this Agreement, it will, within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow-downs or suspensions of work, instructing their members to work immediately. The UNION agrees that it will not assist employees participating in unauthorized work stoppages, strikes, slow-downs or suspensions of work. For purposes of this section, the term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and picketing of the City's premises. ARTICLE 17 - UNIFORlVI ALLO'V AL'fCE All suppression employees uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 minimum requirements for station uniform wear. The brand, style, materials and color of uniforms shall be designated by the Fire Chief. Under this article the DEPARTMENT shall provide each suppression employee $600.00 credit per fiscal year for the purchase of station uniform wear. For a introductory firefighter, the DEPARTMENT shall provide the proper station uniform, meeting the N.F.P.A. 1975 standards, for the first year of service, or $800.00 credit. On the firefighter's anniversary date, of the first year of service, the firefighter shall receive $50.00 credit for each month between the anniversary date and the DEPARTMENT'S fiscal year end. Non suppression employees shall receive $600.00 credit for their clothing allotment per fiscal year. '* The designated work period for all Fire Department personnel covered under this Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular hourly rate and 12 hours paid at the overtime rate if no excluded hours under the act has ~ The regular work schedule for suppression personnel sha ''\ duty every other day and then four (4) days off. A shift shall be twenty-four (24) hours \ of duty, starting at 0700. For illustration purposes, the regular work schedule for \ \\ suppression personnel is listed below with an X representing an on-duty shift and a Y \. representing an off-duty shift. \: Agreement- 7 interoffice MEMORANDUM RECE:tV"ED MAY 1 8 2000 CITY OF lVIERIDIAN To: William G. Berg, Jr. cc: Mayor Robert Corrie, Meridian City Council and Pauline Skeggs, Human Resources Marlene St. Georg~ · Non Exempt Personnel Overtime Compensation From: Subject: Date: May 18, 2000 Will: Please find attached the revised Resolution pertaining to the Non Exempt Personnel Overtime Compensation, which was recently discussed at the Executive Session. Please replace this new Resolution vvith the Resolution which was previously sent to your office on May 12,2000. The Resolution should now be ready to be placed upon a11 upcoming Council Agenda. If you have any questions, please give Bill Nichols a call. z:\ W ork\M\Meridian 15360M\Police Dept\resolution pay\Berg051800 .Mem