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Home My WebLink About1999 12-07 ( HUB OF TREASURE VALLEY A Good Place to Live (- Mayor ROBERT D. CORRIE City Council tvlembers CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 33 EAST IDAHO lVIERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884~5533 · Faz 887-1297 NOTICE OF PRE-COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, December 7, 1999 at 6:30 PM. The Meridian City Council will discuss agenda items on the regular City Council meeting as well as a presentation by CPASI (formerly APA). The public is welcome to attend. DATED this 3rd day of December, 1999. ...... ...... "- ( MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING DECEMBER 7.1999 The Pre-Council meeting of the Meridian City Council was called to order at 6:30 p.m. on Tuesday, December 7, 1999, by Mayor Robert Corrie. MEMBERS PRESENT: BOB CORRIE, KEITH BIRD, CHARLIE ROUNTREE OTHERS PRESENT: GARY SMITH, SHARI STILES, BILL GORDON, BILL GIGRAY, KEN BOWERS, WILL BERG, TAMMY deWEERD, CHERIE McCANDLESS Corrie: I'm going to open the Pre-Council meeting, but we don't have a quorum, so the following will be a discussion only. Glen: - five from Canyon County, Nampa, Caldwell, the County of Canyon and then two rural highway districts, and then Clair Bowman and I from Ada Planning Association at that time represented Ada County governments, and Terry Little from Ada County Highway District. At the request of the City of Boise, an eleventh member was added at our last meeting to represent the City of Boise. We're the Committee that's basically been working with a consultant and advising the Idaho Transportation Department on this study~ There's two significant things in this I'd like to cover before I turn it over to Dave. First of all, in order to do this kind of analysis, we need a travel forecast model that was regional in nature. For the last 20 years, Ada County has had one, but we really haven't had the ability to look at Canyon County and the dynamics of traffic between the two, particularly if we had the capacity in a (inaudible). Through the funding available for the study, we did do an origin/destination survey around a year ago and now have a regional model that we're using as an analytical tool for this. It's also going to be a valuable tool for a lot of other studies and analyses that we'll be doing, and it's certainly going to benefit the City of Meridian~ The second point I want to bring up is we, early on, adopted the goal in Ada County of 25 percent of all trips by alternative modes. When we did the origin/destination survey a year ago, we came up with about 18~8 percent of all the trips were other than driving along, so the goal would bump that another third to 25 percent~ Had we not made that assumption for that six percent increase in alternative transportation, we estimate that we'd have to find another equivalent of a six-lane arterial east-west between Ada and Canyon County just to handle the demands~ So the traffic assumption is really in here, and if it weren't, there'd be a lot more' (inaudible) needed in the (inaudible)~ With that, I'd like to turn it over to Dave Butzier and have him go through this with you. We are certainly looking forward to your questions and answers. Butzier: On the - first of all, thank you for the opportunity to be here, Mr. Mayor, members of the CounciL The cover shows the boundaries of the study area. If you'll look carefully, I know it's a small scale, but it really goes from Issac's Canyon (sic) interchange on the east end to the other side of Caldwell or what's ( ( Meridian City Council Pre-Council Meeting December 7, 1999 Page 2 referred to Exit 24 where Highway 44 ties into the Interstate there~ It's 32 miles in length, there's 16 existing interchanges, and we're looking at several new locations to be determined. I want to walk through the sheets that are in here and kind of give you some background~ This first sheet which we call the Travel Demand Map, what we did was took the traffic analysis zones as a part of the overall model and grouped major activities there. The City of Meridian was used as one major activity center; Nampa, Caldwell and Eagle as well, and then we took an area around the mall, downtown Boise, and the airport and Micron~ So there's eight, essentially, major activity areas that we combine traffic analysis zones to look at how many trips are going to be occurring between those major zones. So if you look at Meridian, for instances, Meridian to Nampa in the future, in 2020, the model was saying there's going to be 12,346 trips in one day, and that's what this line shows here. The number means the number of trips being made between Meridian and Nampa in the future. If you go the other way to downtown Boise from Meridian, there's 12,391. It's essentially the same, but it gives us an idea about where the trips are going to be made and where we need to account for them. Another example would be this top line that has 560 next to it shows the number of trips from Caldwell to Eagle~ One of the things we use this to determine is, again, as I said, where the major trips are going to be. This tells us from Caldwell to Eagle, there's not a whole lot of trips going to be done in the future or made in the future. The Highway 44 isn't probably a major component to handling the trips in the Treasure Valley between Caldwell, Nampa, Meridian and Boise~ It may be a major component for the Middleton and some of the stuff along Highway 44, but it's not going to be a major corridor for relieving the Interstate. The next one, deficiencies map, Capacity Deficiencies Map, what we did was I put into the network all the projects that are funded on the various programs in the next five years; ITDs, five-year program, ACHD's program for additional capacity or projects that actually have money earmarked for in a particular year, and then ran the model with the 2020 land use. If you look where there's blue lines, we're showing the capacity, the level of service in the future would be what we call a level of service iCe." Green would be "D." Orange would be "E" and red uF." Levels of service are graded from "A" to UF." U A" would be great, uF" is not good; just like in school. uAn would be there's almost no traffic out there and you've got very little - very few other vehicles to worry about or getting in your way; "B" they're starting to get a little bit of traffic, but not a whole lot of conflict; "e" you've got to be careful, you've got to watch over your shoulder; the lower down we get, of course, "F" if there's just the slightest incident along the freeway, for instance, a flat tire or anything and it comes to a stop (inaudible) parking lot. So you can see the more red we have, the less that's going to be good~ That kind of tells us where some of the problems are. There's a lot of red. A lot of orange, unfortunately. So that's some of the things we're trying to address~ Rountree: Mr_ Mayor. Corrie: Mr~ Rountree. ( Meridian City Council Pre-Council Meeting December 7,1999 Page 3 Rountree: Dave, in addressing or identifying level of service UF," is that an instantaneous level of service uF" or is it - did you pick a duration that the facility would operate at uF," say, 15 minutes during rush hour or for three hours a day, or- Butzier: We looked at peak hours. Rountree: Peak hours, okay. Butzier: Good question. I don't know how long the peak hours are going to be in the future. We didn't look at that detail. Other larger communities kind of laugh when we talk about peak-hour, rush-hour traffic around here because we really don't have a peak hour - yeah. We have a peak period, but it's really not quite an hour. Most major cities have peak hours of three or four and some more than that, unfortunately. After we identified the capacity deficiencies and the travel demand map, we looked at - we call it a series of five strategies. This isn't in your packet, but let me go through that real quickly. Strategy One we did all the improvements on arterial system, nothing to the Interstate, no additional capacity to the Interstate, not even new access points all the way to Strategy Five where we do everything on the Interstate, no additional capacity to the arterial corridor system. What we found was neither one, neither extreme worked. We needed to be somewhere in the middle where we did some improvements on the Interstate as well as some of the parallel arterial corridors. We heard that a lot from the public. We've got sounding boards in both Ada County and Canyon County as well as we had a series of open houses in May and again just last month, and we're hearing that a lot that people think we need to do more than just develop the Interstate because if something happens out there, they want an alternative. The next formats we labeled Alternative AA through DD; AA, BB, CC and DD. There was a step between those strategies and these that we called Alternative A, 8, C and D. Each of those we looked at widening the Interstate and providing additional access, cross another parallel corridor, too, and found we still didn't have enough capacity, so we go to these what we're now calling AA, BB, CC and DO which have several different parallel corridors. Let me just walk through AA for you real quick It's got widening on the Interstate, and, in this case, four lanes from the Y -Interchange to Eagle Road; three lanes from Eagle Road Interchange on out to Middleton Road; five lanes on US 20-26 from Caldwell all the way into Boise; five lanes on Ustick from Caldwell Boulevard all the way to Curtis Road; five lanes on Franklin from essentially Garrity or CanAda Road out by the Idaho Center on through Meridian into tying into the five-lane section in Franklin down by Five Mile as well as Overland Road; a five lane section south of the Interstate and Victory Road_ In this case, Victory Road from 1-84 out to Meridian Road with new interchanges at Ten Mile, at McDermott Road and at Middleton Road. That's what the circles represent. If you turn over to SB, it's very similar to AA. There's a few minor changes. The major change actually happens in Canyon County. This one has' an interchange at Karcher Road ( Meridian City Council Pre-Council Meeting December 7, 1999 Page 4 instead of Middleton Road. It's also got the same interchanges at Ten Mile and McDermott that AA had~ The other slight variation is Five Mile Road between Franklin and Overland would be five lanes in this altemative~ Victory Road stops at Eagle Road where as in AA it went on out to Meridian Road. Then if we move on to CC, it's very similar to AA and BB. The exceptions are there's an interchange at Ustick Road over south of Caldvvell, just south of the airport there. There's no McDermott interchange, no McDermott Road Interchange. There's still a Ten Mile Interchange. Those are the basic differences~ The other one, in this case, Franklin Road doesn't go as a five-lane roadway past Ten Mile~ Previously it did~ It went to Garrity. Then DD, we've got - the biggest difference - it's the one that varies the most from the other three. It's got a loop around Nampa. As we \Nant out to the public, we heard a lot from folks concemed about a lot of agricultural traffic coming from southern Canyon County particularly headed to the beet factory, but other locations~ They currently all have to drive right through downtown Nampa, and so we've been talking a lot about a loop road around Nampa to take some of that traffic out of downtown~ On the west, it would be Middleton Road with an interchange at 1-84. This one has Ustick Interchange as well~ Just a mile-and-a-half further west. Going up and down to Deer Flat Road on the southern part of the loop and then using Star Road and Robinson Road on the east side of that loop with an interchange at Star Road or Robinson. The previous AA and SS had those, had the interchange at McDermott, and the pros and cons to those two, McDermott is actually half way between Ten Mile and Garrity, so it provides good spacing on the Interstate, the Robinson ties into Star Road which goes across the river and gives good access to the Idaho Center. So there's pros and cons to both. We're looking at which one really makes the most sense~ The only major difference on this DD is a Five Mile Interchange. The previous three did not have Five Mile Interchange (inaudible). What we did was we ran capacity analyses on these four alternatives, and actually for the open house two weeks ago, 17th and 18th, these other alternatives we presented to the public~ We got some input and the last two sheets show the results of that input. I'd like to go through, move onto~ The first, this sheet that's normal size, 8 % by 11 is a matrix summarizing the tVJO alternatives we're looking at right now. We've pared it down to what we're calling CC-1 and-2 and DD-1 and -2~ Let's look at the map real quick and then I'll come back to that matrix in a minute~ CC-1 and -2, the only difference between -1 and -2 is there's no Ustick Interchange on CC-2 and there's a Ustick Interchange on -1 ~ It's the same thing with the next one is 00-1 and -2. There's no Ustick Interchange on alternative 2~ So there's only slight variations between the two. We're basically (inaudible) DD and a CC. Do you follow that? So if we look at CC-1 first, it's showing, and you have to look at the matrix as well, but the interstate shows five lanes in each direction from the Y to Eagle Road; four lanes in each direction from Eagle Road to Ten Mile; three lanes in each direction from Ten Mile on out to Ustick Road; five lanes on Ustick Road coming on into Eagle Road; 20-26 is showing with this green that's showing is a four-lane expressway from the Interchange there at Caldwell to Ten Mile Road and then going to six- lane expressway from Ten Mile on into Garden City at Glenwood and then a Meridian City Council Pre-Council Meeting December 7, 1999 Page 5 seven-lane arterial from Glenwood on into 1-84. Franklin Road in this alternative goes as a five-lane from CanAda all the way into town. The gap there again in Meridian is because it's already five lanes~ We wouldn't have to do anything more to it, but the purple on either side shows it needs to be widened. If we - it's got a Ten Mile Interchange in this case. We've got that loop road concept around Nampa using McDermott on the east with an Interchange of 1-84, Middleton on the west, but it does not have an Interchange in this version. The Interchanges are at Karcher and Ustick. Again, Ustick is in or out depending on whether you're talking about 1 or 2. So, let's flip over to DO real quick and I'll go through the differences between the two. It's still got the loop road around Nampa, but in this case, eastern loop road is Robinson Road and Star with the Interchange there, again, instead of McDermott. On the west side, Middleton Road is still the loop road, but the Interchange is at Middleton instead of Karcher. There's still a Ten Mile Interchange. This one still has the Five Mile Interchange in it that we had in the previous DD. The Interstate is the same five lanes in both directions from the Y to Eagle Road, four lanes from Eagle Road to Garrity Interchange in this one; previously, CC we stopped it at Ten Mile. So we're taking four lanes in each direction all the way to Garrity and then three lanes from there on to Ustick and Franklin Road stops as a five-lane roadway at Ten Mile in this case where it went on out to Garrity in the previous one. We have Victory Road showing as a five-lane roadway in this case all the way to Robinson. On the previous one it stops at McDermott which is the eastern edge of that loop road in Nampa or around Nampa. I think those are the highlights. Ten Mile is showing as a five-lane from 20-26 down to Victory Road, I think, in both cases. Yes. With the connection to Highway 16 across the river coming up Ten Mile. That matrix that I skipped over in text form gives you a summary, the black lettering shows a common element between the alternatives. We've got red print means there's some difference between the two alternatives, so if you look at the 1-84 lines there, again, it's Ten Mile - ten lanes, five lanes in each direction from Y to Eagle common to both. Eight lanes from Eagle Road to Ten Mile, again, common to both, but then it goes on DD the eight lanes or four lanes in each direction goes on out to Garrity where it goes six lanes on CC and so forth all the way through and it gives you kind of a summary, and hopefully you can follow along and see the differences. I think with that we'll entertain any questions, comments and thoughts you have on all of this. Corrie: You're increasing the capacity of the lanes. Is that going to solve our transportation problems by adding more lanes or do we need to go more rapid transit? It seems like in other areas, the more roads you build, the more cars that was on it~ Butzier: We think the answer is both. We need additional lanes, but we also need some form of alternative transportation. I neglected to mention, the orange line that's in the middle of both maps, CC-1 and OD-1, is along the (inaudible) corridor symbolizing the 25 percent that Erv talked about using alternative modes. That's going to be - take quite a bit to get us from the 18.8 to the 25 ( ( Meridian City Council Pre-Council Meeting December 7, 1999 Page 6 percent. We don't know what form that's going to be, whether it's an expresslbusway or light rail (inaudible) or what, but it's - or HOV, High Occupancy Vehicle Lanes, on the Interstate, but it's that 25 percent. Again, Erv mentioned if we didn't take that incremental change from the 18.8 that we're at to the 25 percent, we'd need additional six lanes somewhere in this area. We took a screenline just west of Eagle Road and added up all the trips that (inaudible) make that (inaudible) and just at change would take another six lanes to be able to accommodate the difference between the 18_8 and the 25 percent_ So, I guess that's a long answer to we need both_ Bird: I think Mr_ Gigray had a question to ask_ Corrie: Bill. Gigray: Mr. Mayor, with your permission and the Council, one of the questions that I had was what does the corridor study at this point, is this a preliminary graph? Is this something that you are requesting that cities have reviewed by their Public Works Departments, P & Z and maybe their Commissions and the City Council make recommendations on positions or what is the envision of the process at this point? Butzier: The extent to which you want to look at it, we'd welcome as much input as you'd want to give us. We are - we just came from Garden City, and frankly, they don't much like the option of seven lanes down through Garden City_ They're very concerned about that_ It's an option to the info we got. The previous, if you look at all the AA, the double-lettered ones, Ustick was a five- lane roadway on into town, and that was a concern of the neighborhoods in there, and so we're in the process of testing what it does in terms of pushing traffic to the Chinden corridor, and we told Garden City that we'd take another look and develop an option that is a little more friendly to their community. So if there's anything you see that causes you folks concern, we'd like to know about it. Gigray: The point of the question, and I know I represent a highway district, too, that I must disclose that, but it seems to me, you know, I think vvould be important from the City's standpoint from administration is this: If you are still funded to continue this study, and if the study is looking for some kind of uniform, at least recognition throughout the Valley, it seems to me that it V\fOuld be important for the various communities affected thereby to get some input, and that means I would think the City in this instance would need comment from Public Works Department, probably a comment from its Planning and Zoning Administrators and Department as well as a review by the Planning and Zoning Commission and a report to the City Council because the City Council being the governing body would be the one to decide what the position of the City would be_ That process takes some time. I can see this could affect a number of things. It could affect utility infrastructure, it can affect potential zoning and Comprehensive Plan ( Meridian City Council Pre-Council Meeting December 7, 1999 Page 7 considerations of the City because of the time you start putting in major roads like that, that's really going to affect land values and land use. Also, access needs of various communities are hugely affected by this, and it would seem that, and I don't know how far you were funded or if your mission is just to do this and you're done. ( Butzier: The ultimate mission is for each of the agencies in the Treasure Valley to adopt it including Meridian, Boise, Garden City, Nampa, Caldwell. So whatever you folks are comfortable or need to do in order to be comfortable in adopting, that's what needs to happen. (inaudible) Public Works Director and your Planning Director to review this with them, see if they have any comments. This is going to go to the community, my organization's board, on the 20th of this month for all of the elected officials to actually get an in-depth presentation so you can hear what others are saying as well. It's going to the public at the end of January for public comment. Following that we'll likely send it to the Idaho Transportation Board. They're the sponsor of this. If they don't like it, it won't go any further anyway. After that, we're going to send it out for your formal adoption. That process can take up to six months and would be up to each individual entity to, you know, whatever procedure you'd like. So there's plenty of opportunities for getting Meridian and the other cities to give us their comments, and ultimately, you're going to be asked to adopt it. Before you can adopt it, you have to be comfortable with whafs in there. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I have three questions. Are any of the improvements on any of the corridors including an HOV facility? Butzier: The HOV is part of that 25 percent whether - we don't know for sure what's going to end up on the Interstate. If it's an additional lane over what we're planning, then it'd be another lane. Rountree: It'd be an additional lane? Butzier: Yeah. Rountree: On any of that widening of the existing grid other than the Interstate, was there any assumptions made at the time of access control or are we looking at access control that exists there or are we looking at our control access? Butzier: There's really several answers to that. 20-26, for instance, where it's fairly rural, particularly west of Ten Mile, that would be access control, probably strongly controlled access. For instance, Ustick where there's already some ( Meridian City Council Pre-Council Meeting December 7 f 1999 Page 8 access, it would not be as strong of control, but we hope to do better than what Fairview Avenue has done in the past, for instance, or Chinden Boulevard in Garden City~ There'd be some control, but, again, the level of the facility would depend~ Rountree: So that's certainly going to take some coordination for local entities and- Butzier: Absolutely~ Rountree: -- for the land use side of it~ Last comment or question: It seems that this is already started to be somewhat of a divisive process. Our sister city to the west doesn't seem to be particular pleased with much about this~ I mean to the east. Yeah. To the east~ Right. It seems to me that we're all in this together. If in fact they don't climb aboard on this particular corridor study and some of the results that may please the western folks, has there been any thought to how to get over that hurdle? Butzier: We're still trying to figure that out, Charlie. We don't know for sure and welcome any thoughts you might have at this point. Rountree: Yeah~ I wish I had an answer for you. It seems to me that's probably the key issue right now is that if we've got a major holdup, your efforts are going to be in vain. Butzier: Right~ Rountree: And I see from the looks of this in terms of Meridian's position) certainly some of our main corridors will be wider than they are now, but that's not inconsistent, I don't think, with what we've been anticipating anyway with major sectionline facilities. Looking at five-lane roadways, north-south as well as east and west~ Butzier: That's what we're hoping is that it would be consistent, and that was the plan. We do, and I've neglected to mention, we do show in brown, and it's hard to see, Locust Grove and Linder across the freeway as well based on your task force input and - is it in your Camp Plan too? Rountree: Not at this point. Butzier: Okay. Rountree: That's alii have, Mr~ Mayor. Corrie: I was just wondering how - on the five-lane, you have Ustick, that was one of the things that Boise was really hot about. Then you get five lanes up to (- Meridian City Council Pre-Council Meeting December 7,1999 Page 9 Eagle Road, and then it goes down to nothing as far as they're concerned. What do you do with all that traffic that's dumping on Ustick to Eagle Road? ( Butzier: The - as an off-shoot of the Bench Valley or kind of a compromise that came out of the Bench Valley study that most of you, I think, are familiar with, the agreement was the connections off the Bench that came out of that study would be done as a three-lane facilities, all of them built and then come back and look at what needs to be done. Boise City's contention was Ustick is part of that, and so we - the previous versions, the AA, BB, CC and DD had Ustick as a five-lane all the way into Curtis Road where it's just opened up. Their position was not - the agreement was we'd do all these other connections and then we'll look at what needs to happen out here. That's why we've shown these alternatives backing off on Ustick. Eagle Road is going to be a major facility shown as an expressway. It's going to take a lot of traffic. We've also - Ten Mile has a five- lane all the way up to 20-26 is previously, I think, in those versions we stopped it at Ustick. Now it's shown as five lanes to 20-26 to help disburse some of that traffic that wouldn't be able to go on on Ustick. I think we also, McDermott or Robinson, depending on where the Interchange, we took it up to Ustick Road to help again spread it Quta But the Ustick itself would be addressed after all the other connections that came out of the Bench Valley study were done to see what needs to be done there. Corrie: Any other questions? Bird: I have none. Corrie: Okay. Thank YOUa Butzier: Thank you, again, very much for your time and r~cord any other comments you have. Corrie: Thank you. Rountree: Excuse me, Mr. Mayor. Could you leave some extra copies of these - we have a couple Councilmen that aren't here and we've got two new Councilmen in the audience, so if you've got- (inaudible discussion amongst Council members) Corrie: Charlie, I'm going to take off, so - (inaudible) quorum, and so - Rountree: Do we have - (inaudible discussion amongst Council members) Corrie: All right, well, I guess we'll wait for - ( Meridian City Council Pre-Council Meeting December 7, 1999 Page 10 Gigray: Do you want me to just report on this Agenda Items that I have some information about in preparation for the City Council meeting? Rountree: I'm going to take over control here and Mayor has to leave, so if you would. ITEM K. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5,6,12 AND 13 OF BLOCK 7 BY WHITESTONE DEVELOPMENT, LLC: Gigray: I just thought I'd provide, Mr. President and member of the Council and soon-to-be members of the Council, on the Consent Agenda, obviously as our practice has been, you'll want to move to take anything off there that you want to take off, and I would note that you probably received some memos from our office regarding that we're waiting for relinquishments on the Whitestone Development, that's Item K, and Gary has advised me this evening, and he has the needed relinquishments so that action can take place. We. were going to append those to the Findings on that vacation, and then I'll hold if you're taking notes until you nod to go to the next one. Item L, this has to do with Findings concerning a conditional use permit that are related to Item Z~ Is there a problem? (microphone problems) Smith: Could I make a comment on that Whitestone? Is it okay? Could I make a comment on that Whitestone vacation? Rountree: Please do~ Smith: The vacation of the easements actually refers to Whitestone Estates No. 2 Subdivision. It's being done as part of the Whitestone Estates N04 3 Sub, but the easements themselves belong to what was recorded as Whitestone Estates No.2; specifically the utility easements on Lot 4, Block 7 and Lot 7 Block 5 of Whitestone Estates No.2. (inaudible) Rountree: Is that it, Gary? Smith: Yes. Rountree: Okay. Thank you. ITEM L. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI-STORAGE ON LOT 2 OF PROPOSED ( Meridian City Council Pre-Council Meeting December 7, 1999 Page 11 ( ITEM Z. OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC -1230 E_ OVERLAND ROAD: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7_25 ACRES FROM SINGLE- FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI-STORAGE FACILITY BY OVERLAND MINI- STORAGE, LLC: Gigray: Mr~ President, Item L, I believe, is a conditional use permit that involves the annexation and zoning which is in Item Z, and it is my recommendation of the Council that you not take action on Item L, in fact, that you table it so that your action can be complete in the passage of the annexation ordinance and Item Z is completed, then once that has been published, the ordinance of annexation, you'd be in a position to take action on Item L. Bird: So in other words, table Item L? Gigray: My recommendation would be to table Item L. The Clerk may have further information. Rountree: Will. Berg: Yes, Mr_ President_ Just to add to Mr. Gigray, Item Z on the Consent Agenda which we had gotten is Findings of Facts and Conclusions of Law for annexation and zoning which should probably be in front of that, but we got them and we didn't get them in place in the right order_ He is correct with that assumption of tabling, but just so you know, there is an order for that annexation to come first. Rountree: Mr_ Berg, what Item is that? What would be the timing on the publishing of that so we would know the date certain to table? Until January? Berg: Was there a Development Agreement for the Overland Mini-Storage? Which means we need to approve the Findings of the annexation before I can attach that to the Development Agreement to send to the applicant, property owner. I guess that's who signs the Development Agreement: property owner. Rountree: Which Findings? Berg: Item Z. Rountree: So approve Item Z and then how long do we have to table - Berg: I will attach that to the Development Agreement and send it out - Meridian City Council Pre-Council Meeting December 7, 1999 Page 12 Rountree: It has to be published? Berg: No. That's the Development Agreement. When a Development Agreement is signed, then I bring it to the City Council for their approval and have the Ordinance right behind it. Does that make sense? Rountree: So then we can act on the conditional use permit? That'll be in January. Gigray: That would sound correct, Mr. President, and the Clerk is correct. Your procedure would be don't pass the annexation and zoning until you know the Development Agreement is signed because it's a condition. Bird: Need to pull Land Z, both. Gigray: Well, Item Z, I think you can do the Findings. Bird: Annexation? Gigray: That's as far as it can go, I think. Rountree: Go ahead, Mr. Gigray. o. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF PARCEL "An FROM RT TO SINGLE- FAMILY RESIDENTIAL AND PARCEL uB" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD: Q. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY QUEENLAND ACRES, INC., TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL FOR THE SOUTH SIDE OF OVERLAND ROAD, Y4 MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: R. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY BILL CLARK/CLARK DEVELOPMENT (TERRACE LAWN MEMORIAL)TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL- 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD: ( Meridian City Council Pre-Council Meeting December 7, 1999 Page 13 5. ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO. 3 BY WIRT EDMONDS AND CRAIG GROVES - WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: Gigray: Thank you, Mr, President. I want to report on for your information on Item No. O. I prepared two Development Agreements. The reason for that is that particular application included two parcels. It was a parcel A that's aO-some acres and a parcel B that's about 1.5 acres. They have different owners, the two parcels. So I have prepared two Development Agreements in conjunction with the purported action there. I just wanted to note that, that you, of course, make the final decisions when you pass things. There should be a routing slip on it explaining it. I would point out in Items Q and R, I have an explanation letter with both of those that were sent out in that there were some changes and corrections that the Council ordered as a result of those particular Findings, and I felt as a result of those changes, there were some minor other changes that needed to be made. The letter that accompanies those Findings explains what it was~ I just wanted to point that out to you. In Item 8, an Order of Decision, there's a reference in 1.2 of the Order of that final plat. Order of Decision which references, I believe, the placement of that pathway, and I included in that in a provision in there and in accordance with the requirements of the Nampa Meridian Irrigation District, that that's incorrect. I might point that out, and Shari might take a peek at that as we go through just to see that we've done that correctly, but that's how I understood the action of the City Council at the last meeting~ Thank you, Mr~ President~ I just wanted to point out those Items on the Consent Agenda. Rountree: I appreciate it. Gary, do you have any comments on those Findings? ITEM J. FINDINGS OF FACTS AND CONSLUSIONS OF LAW: REQUEST FOR VACATION OF TWO 10-FOOT WIDE PUBLIC UTILITY EASEMENTS BY W.H. MOORE COMPANY, LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK: Smith: Yes. I had a couple things, Mr. President. In the Consent on Item J. Rountree: Okay. Smith: Request for vacation of two 10-foot wide public utility easements by W.H. Moore Company; the body of the Findings addresses the tvvo 10-foot easements. The title of the Order only addresses Lots 5 and 6. Lots 6, 7 and 8 should also be included of Block 1. There were two locations of the easements. One was along the lot line common to 5 and 6, the other easement was along a lot line common to Lots 6, 7 and 8. Rountree: Do you have that, Mr. Berg? (inaudible) have to make a motion? Okay. Meridian City Council Pre-Council Meeting December 7, 1999 Page 14 Bird: Yeah. Rountree: Anything else, Gary? Smith: I think that was - that's all the comments I had on the Consent. Rountree: Okay. Thank you. Shari. Stiles: I only made it to Item S. Rountree: You only made it to S? Well, the whole alphabet's there. What's the matter? ITEM M. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINI- STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC - 1230 E. OVERLAND ROAD: Stiles: I didn't - I just had a couple of things. On the Overland Mini-Storage, Item M, page 4. There was just an extra - under Item 2, it mentions - has the adopted Planning and Zoning Administrator and City Engineer recommendations as follows, and then there's nothing under it. That's just - needs to be taken out because it's repeated. Rountree: Item 2? Delete it? Stiles: Pardon me? It has the conditions of approval are as follows to wit, and then the next two lines need to be deleted because those are repeated later. ITEM N. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 96-UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISES, INC~ - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Stiles: On Item N1 Page 18, it references a site plan. On the very last line, it says City of Meridian, City Clerk's Office on August 25th, 1995. That should be '99. On Page 24, Item 2.32 and 2.33, those should be 48 feet instead of 43 feet. Item 2.35, there's a typo in the second line that should read "of' instead of zero, one. Rountree: What Item was that, again? Stiles: 2.35. ( Meridian City Council Pre-Council Meeting December 7,1999 Page 15 Bird: Thanks, Shari. Stiles: I can't quite recall if your motion was - you know, you changed those buildings to two-story, the ones adjacent to the Robbersons on Cobblestone Village. Those apartments - that apartment complex, you've made those two- story buildings. Were you letting them replace those units they lost there in other buildings, or was it going to reduce it down to 92 units? I don't recall. Rountree: My recollection would be that would have reduced the number of units, not in compensation for. Stiles: Okay. So then I believe we would need to change the approval that it's for the conditional use is granted for 92 units. Rountree: Okay. Stiles: And Page 6 of 8 of the Order of Conditional Approval, Item 2.30, the reference to August 25th, 1995 should be changed to 1999; also 2.32 and 2.33, the 43 feet should be changed to 48 feet. Then the -let's see. ITEM Q. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY QUEENLAND ACRES, INC., TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL FOR THE SOUTH SIDE OF OVERLAND ROAD, % MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: Stiles: Item Q, just wanted a clarification from legal counsel, it's the application was for single-family residential to commercial, but I didn't know if as a clean-up item, maybe need to change that footer that the Decision of Order is amending the Comprehensive Plan from single-family to mixed/planned use development. It appears to be okay in the text, I just - Rountree: Okay. Stiles: And that's alii had. ITEM S. ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO. 3 BY WIRT EDMONDS AND CRAIG GROVES - WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: Rountree: How about the comment on Item 6 from Mr. Gigray about the pathway being reviewed, accepted by Nampa Meridian Irrigation District? ( Meridian City Council Pre-Council Meeting December 7, 1999 Page 16 Gigray: uS~>> Rountree: Excuse me, S~ Bird: Which one? Oh. "S. n Gigray: It's probably 1 ~2 of the Order~ I have so many files, Mr. President) I'm pulling them all out here, but that's - Stiles: I was wondering where the five-foot - we didn)t ask for a five-foot pedestrian pathway to there) did we? Gigray: I'm just going off of the notes that I took. There was a reference- Stiles: The comment that was made at the meeting was that we wanted to make sure that they had five-foot pedestrian pathways wherever they went because they've constructed the huge mailbox structures right in the middle of the sidewalk, and we wanted them to flare out those sidewalks so they had a minimum walking path of five feet. But it didn)t involve the - *** End of Side 1 *** Stiles: - that'll probably just remain dirt. I doubt Nampa Meridian is going to permit any mention of a pedestrian pathway along that. It'll just be there. Bird: That was Item 36 (inaudible). Rountree: Is that clear? Anything else, Shari? Mr. Gordon. Gordon: Yes) sir. Rountree: Anything as it relates to Items C) D on the Consent Agenda? Gordon: (inaudible) Rountree: Okay. Mr. Clerk, anything as it relates to Item E on compensation policies, practices and resolution? Aren't you on that Committee? Mr. Smith? Is it - Item E? It's okay? Okay. Since we haven't called the meeting to order at this point in time) we'll take just a brief few moments to get organized so we can now that we have a quorum. We weren)t sure we were going to have a meeting tonight) so we'll get back here at about 7:35, and I'll open the meeting. MEETING ADJOURNED AT 7:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ( Meridian City Council Pre-Council Meeting December 7 t 1999 Page 17 ATTEST: ROBERT D. CORRIE Mayor LITY OF MERIDI~...l~ PUBLIC WORKS / BUILDING DEPARTMENT COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD GARY D. SMITH, P.E. Public Works Director December 9, 1999 Mr. Phil Krichbaum, PE JUS Engineers, Inc. 250 S. Beechwood Ave., Suite 201 Boise) Idaho 83709-0944 RECEIVED DEe 1 0 1999 CITY OF MERIDIAN RE: Engineering Agreements Dear Phil: Here, for your files, is one copy each of fully executed engineering agreements for the following projects: 1. "Design of 3D-inch Trunk Line Extension at the City Wastewater Treatment Plant)) 2. "Design of Five Mile Creek Relief Sewer.)) 3. "Provide Technical Assistance to Refine, Review, and Develop Phasing and Development Concepts for the 1998 Sewer Master Plan. n Please consider the return of these signed documents to you as your Notice to Proceed on each of these projects. Thank you for your support and llook forward to successful projects for JUS and for the City of Meridian. J Christmas, Gary ~ PE City Engineer Cc: file, City Clerk 200 East Carlton, Suite 100 · Meridian, Idaho 83642 Phone (208) 887-2211 · Fax (208) 887-1297 (- DECEMBER 7" 1 '" MERIDIAN CITY COUNCIL MEETING: APPLICANT: AGENDA ITEM NUMBER: y REQUEST: ENGINEERING AGREEMENT - 1998 SEWER MASTER PlAN ANALYSIS Of DEVELOPMENT CONCEPTS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED CITY PLANNING DIRECTOR: CITY AlTORNEY: - CITY POLICE DEp. CITY FIRE DEPT: CITY BUilDING D CITY WATER DEPl MERIDIAN SCHO MERIDIAN POST ( ADA COUNTY HIf ADA COUNTY STr CENTRAL DISTRIC NAMPA MERIDIA SETTLERS IRRIGAl IDAHO POWER: : US WEST: INTERMOUNTAIf\- BUREAU OF REC- OTHER: All Materials pre UJ~ll J . UJho.j-' cto I. ciD w. L.t-l~ .f+Les ~. ? ~ of Meridian. ( Memorandum RECEIVED DEe 0 3 1999 .;.:-:--:.:-:....:~.:-:-:.;-:.:.-~.:.~.:.::. .:.:.':.:.:~.;~':':~';' ~~~:::':.:.?-:.:~~;.:.~X'=:':..; :7~.:.:~':~~':..~_~-;-:-:.~':':.:.:.~;;;' ~~-: :.:':;::'--:-:.:-.-~'":'"~'::"~.:-::.:._, '7.:-:.:-;.::.:-:'.~:..~ :.~:':-.~: MAYORS OFFICE ). CITY OF ~IERIDIAlI To: Mayor Conie cc: file From: Gary Smith Date: 12/03199 Re: Engineering Agreements - Miscellaneous and Sewer Trunk Une Mayor: Here are two engineering agreements for work. relating to our sanitary sewer system. I would appreci~~.~ it if these could be placed on the agenda for the December 7Ut City Council meeting. The foll~i1g.~.~~. a brief explanation of each agreement. 1. "1999\~::.Trunk Sewer Extension Proiect": This design project will result in the installation .~.- ..~......., ~.~..~. ....~.._~+~-. ~....., ,....... ........u.._. _......_ ..u_.... ...._.....~..,.," ., and iff2rrQ~9Q of a 30 inch diameter sewer line to the "headworks" of the wastewater treatment ..............~...._..... _I_'~...... u.... _._ .........~.......-....~~....... .,._u....... _d__ Plan~~;~~~ktension of that pipe approximately 300 lineal feet to the northeast, under the .................~.~,......._~-.--..-......-. Cre~_~~~~~ral. At that point the developer of the proposed mini-storage facility will connect and exte~l1e:trunk through his project and out to Ten Mile Road for Mure extension and connection to the "No-Name" sewer trunk. This project is a little complex, design wise, because of the connection to the headworks and having to deal with existing underground facilities on the treatment facility site. This complexity is indicative of the proposed engineering costs, as relates to the estimated cost of construction. 2. "1998 Sewer Master Plan Analvsis of Development ConceDts": This agreement will allow us to consult with JUS, as needed, for assistance in detennining impacts of proposed dewlopments on our sanitary sewer system master plan. Much of this type of analysis will be done "in houseJJ, however, there are times that we need assistance from JUS, because they put the computer analysis program together for us and have a very good understanding of our system and obviously the operations of the computer model. 1 ( December 3, 1999 Suaaested City Council Action: 1. "1999 WWTP Trunk Sewer Extension Proiect": Approve of the engineering agreement with JUS Engineers, Inc., of Boise, Idaho to develop the design, plans and specifications for construction of approximately 300 lineal feet of 30 inch diameter sewer line from the Waste WaterTreatment Plant (WWTP) headworks northeast under the Creason Lateral for the cost of $17,489 (Lump Sum) and $6,981 (Time and Materials Estimate) and to authorize Mayor Corrie to sign the agreement with attest by the City Clerk. 2. 111998 Sewer Master Plan Analvsis of Development Concems"; Approve of the engineering agreement with JUB Engineers, Inc. of Boise, Idaho to provide engineering review and analysis to support the Meridian Department of Public Works with the evaluation of sewer service alternatives, on an on-call basis at a time and material cost using a payroll rate multiplier for overhead of 3.17, and to authorize Mayor Corrie to sign the agreement with attest by the City Clerk. 2 f' J.U.B A ~. En~nceMl Surve)'OMI Plannenl J,~U-B ENGINEERS(' Inc. I , A~.1EEMENT FOR PROFESSIONAL SERVICES PHK 096 J-u..a Project No.: 11620 THIS AGREEMENT entered into this _ day of November, 1999, between City of Meridian hereinafter referred to as the 'CLlENT" and J-U-B ENGINEERS, Inc., an Idaho corporation of Boise, Idaho, hereinafter referred to as · J-U-B .. WITNESSETH: WHEREAS, the CLIENT intends to review, refine and develop phasinq and development concepts for the 1998 Sewer Master Plan, hereinafter referred to as the PROJECT; NOW, THEREFORE, the CLIENT and J-U-B in consideration of their mutual covenants herein agree in resoect as set forth below. CLIENT INFORMATION AND RESPONSIBILmES The CLIENT will provide to J-U-B all criteria and full infonnation as to CLIENT's requirements for the Project, including design objectives and constraints, space, capacity and perlonnance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which CLIENT will require to be included in the Dra'Nings and Specifications. The CLIENT will furnish to J-U-B, as required for perfonnance of J-U-B 's services, data prepared by or services of others, if available, including, without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples. materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property descriptions; zoning, deed and other land use restrictions; and other special data or consultations as may be available, all of which J-U-B may use and rely upon in performing services under this Agreement. The CLIENT will arrange for access to and make all provisions for J-U-B to enter upon public and private property as required for J-U-B to perform services under this Agreement In addition, the CLIENT will furnish to J-U-B: 1) All necessary materials, data, mappinq, plats. etc., to complete the work: 2) Access to the City's updated model. SERVICES TO BE PERFORMED BY J-U-B J-U-B win rovide en ineerin review and anal service alternatives on an on-ca aSls. SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said services as follo'NS: Work will. be completed in a timelv manner. BASIS OF FEE AND BILUNG SCHEDULE The CLIENT 'Nin pay J-U-B for their services and reimbursable expenses as follo'NS: Actual multi lier of 3.17. This standard multi lier does not include costs for ITrintln or equipment. or 0 er costs not normallv Included With the standard mu tiP ler. Rle FofderTrtfe MERIDIAN, CITY OF - Support Services, Sewer Master Plan Remarks: Contact: Gary D. Smith, P.E., and Brad Watson, P.E., OeDt of Public Works The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: J-U-B: CITY OF MERIDIAN NAME 200 East Carlton Avenue, Suite 100 STREET Meidian ID CITY STATE 83642 ZIP CODE 250 South Beech'NOOd, Suite 201 STREET ~)J' ID~83709-<>944 _ _ " ~ ~'-:J\STATE BY (Signatu) - Phillip H Krichbaum, P.E. Project Manager NAME TITLE ZIP CODE BY (Signature) Robert D. Corrie NAME Mayor TITlE DISTRIBUTION: White - J-U-B Corporate File Yellow - J-U-B Office File Pink - J-U-B Project File BY (Signature) William G Berg, Jr. NAME City Clerk TITLE J-U-B -01 J-u-tj t:NGINEERS, Inc. TERMS AND CONDITIONS GENERAL J-U-B shall provide for CLIENT professional engineering andlor land surveying services in all phases of the Project to Ylhich this Agreement applies. These services \ViII include serving as CLIENTs professional engineering or land surveying representative for the Project, providing professional consultation and advice in accordance 'Nith generally accepted professional practices for the intended use of the Project and makes no other WARRANTY EITHER EXPRESSED OR IMPUED. J-U-B shall not be responsible for acts or omissions of any party involved in the services covered by this Agreement other than their own or for faBure of any contractor or subcontractor to construct any item in accordance with recommendations issued by J-U-B. J-U-B has not been retcUned to supervise. direct or have control over Contractor(s) work nor shall J-U-B have authority over or responsibility for the means. methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety , precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with lam, rules. regulations, ordinafnces. codes or orders applicable to Contractor(s) furnishing and perfonning their work. Accordingly, J-U-B can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s)' failure to fumish and perform their work in accordance with the Contract Documents. In soils investigation work and in detennining subsurface conditions for the Project. the characteristics may vary greatly between successive test points and sample intervals. J-U-B will coordinate this work in accordance 'Nith generally accepted practice of the professional services being provided and makes no other WARRANTIES EXPRESSED OR IMPUED, or as to the professional advice furnished by others. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in thiS Agreement. OPINIONS OF COST Since J-U-B has no control over the cost of labor. materials, equipment or services furnished by others, or over the Contractor(s)' methods of detennining prices, or over competitive bidding or market conditions, J-U-B's opinions of probable Total Project Costs and Construction Costs provided for herein are to be made on the basis of J-U-B's experience and qualifications and represent J-U-B's best judgment as an experienced and qualified professional engineer, familiar 'Nith the construction industry; but J-U-B cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by J-U-B. If the CLIENT wishes greater assurance as to Total Project or Construction Costs. CLIENT shall employ an independent cost estimator. J-U-B's services to modify the Project to bring the Construction Costs 'Nithin any limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT. REUSE OF DOCUMENTS All documents and magnetic media including Drawings and Specifications prepared or furnished by J-U-B pursuant to this Agreement are instruments of service in respect of the Project and J-U-B shall retain an ownership and property interest therein 'Nhether or not the Project is completed. Any reuse 'Nithout written verification or adaptation by J-U-B for the specific purpose intended \\111 be at CLIENrs sole risk and without liability or legal exposure to J-U-B and CLIENT shall indemnify and hold hannless J-U-B from aU claims, damages, losses and expenses arising out of or resulting therefrom. CONTROLUNG LAW This Agreement is to be governed by the law of the State of Idaho, principal place of business of J-U-B. SUCCESSORS AND ASSIGNS CLIENT and J-U-B each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and J-U-B are hereby bound to the other party to this Agreement and to the partners. successors, executors, administrators and legal representatives of such other party, in respect of all covenants, agreements and obligations of this Agreement Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and J-U-B, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and J-U-B and not for the benefit of any other party. TIMES OF PAYMENTS J-U-B shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due J-U-B for services and expenses within ten (10) days after receipt of J-U-B's statement therefor. the amounts due J-U-B will be increased at the rate of 10/0 per month from said tenth day, and in addition, J-U-B may, after giving ten days' written notice to CUENT, suspend services under this Agreement until J-U-B has been paid in full all amounts due for services, expenses and charges. TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perfonn in accordance with the tenns hereof through no fault of the tenninating party. If this Agreement is terminated by either party, J-U-B will be paid for services rendered and for Reimbursable Expenses incurred to the date of such tennination plus an allowance for demobilization costs as determined by J-U-B. RISK ALLOCATION The CLIENT is aware of the risks, reYJards, and benefits of the project and J-U-B's total fee for services. The risks are hereby allocated such that the CLIENT agrees that, to the fullest extent pennitted by law. J-U-B's total liability to the CLIENT for all injuries, claims, expenses, damages or claims expenses arising out of this agreement from any cause, shall not exceed the fees for services rendered on this Project. Such causes include, but are not limited to, J-U-B's negligence. errors, omissions, strict liability and breach of this Agreement HAZARDOUS WASTE AND ASBESTOS In consideration of the unavailability of professional liability insurance for services involving or related to hazardous waste elements of this Agreement, or for the removal or encapsulation of asbestos. it is further agreed that the CUENT shall indemnify and hold hannless J-U-B and their consultants, agents and employees from and against all claims. damages, losses and expenses direct and indirect, or consequential damages. including but not limited to fees and charges of attorneys and court. mediation or arbitration costs, arising out of or resulting from the perfonnance of the 'NOf'k by J-U-B, or claims against J-U-B related to hazardous waste or asbestos activities. MEDIATION BEFORE unGATION No action or lawsuit shall commence nor recourse to a judicial forum be made (hereinafter -litigation-) until CLIENT, J-U-B, and/or other Parties of Real Interest have commenced, participated in and concluded nonbinding mediation. pursuant to the rules of mediation. LEGAL FEES In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the tenns and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses. including attorney's fees as may be set by the Court. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations, representations or agreements. either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and J-U-B. J-U-B -01 ROBERT D. CORRIE Mayor r ~ { . {\ CiTY OF MERIDIAN PUBLIC WORKS / BUILDING DEPARTMENT COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD GARY D. SMITH, P.E. Public Works Director December 9, 1999 Mr. Phil Krichbaum, PE JUS Engineers, Inc. 250 S. Beechwood Ava. I Suite 201 Boise, Idaho 83709-0944 RECEIVED DEe 1 0 1999 CITY OF MERIDIAN RE: Engineering Agreements Dear Phil: Here, for your files, is one copy each of fully executed engineering agreements for the fOllowing projects: 1. "Design of 3D-inch Trunk Line Extension at the City Wastewater Treatment Plant." 2. UDesign of Five Mile Creek Relief Sewer." 3. "Provide Technical Assistance to Refine, Review, and Develop Phasing and Development Concepts for the 1998 Sewer Master Plan.>> Please consider the return of these signed documents to you as your Notice to Proceed on each of these projects. Thank you for your support and I look forward to successful projects for JUS and for the City of Meridiana J Christmas, Gary ~ PE City Engineer Cc: file, City Clerk 200 East Carlton, Suite 100 · Meridian, Idaho 83642 Phone (208) 887-2211 · Fax (208) 887-1297 November 12t 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16,1999 APPLICANT: ORDINANCE ITEM #: 27 REQUEST: REVISION. CODIFICATION AND COMPILATION OF THE GENERAL ORDINANCES OF THE CITY OF MERIDIAN AGENCY COMMENTS CITY CLERK: SEE ATTACHED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: NAMPA MERIDIAN IRRIGATION: '1~~ ~'~ ~ I OL~ I ~v~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN) IDAHO 83680-1150 TEL (208) 288..2499 FAX (208) 288..2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653~0247 T,~L (208) 466~9272 FAX (208) 466.4405 Email viaInternet:wtg@wppmg.com PLEASE REPLY TO MERIDIAN OFFICE September 1, 1 999 SEP - 3 1999 Will Berg, City CIerI, City of Meridian 33 E. Idaho Meridian ID 83642 CI~ ~~ c-.: =;~~i'~l=;I~:~>; Re: Ordinance Amending 1-8-1 and Ordinance Adopting the New City Code Dear Will: I am enclosing the original and a copy of the Ordinance which is required to be passed to adopt the new Meridian City Code. I recommend the following steps in regard to this matter: Step no. 1: I have recommended that the Mayor and City Council authorize the submission of the new code amendments in the Zoning Ordinance to the Planning and Zoning Commission for public hearing and recommendation to the City Council. Step no. 2: If this is authorized and with the permission of the Mayor relative to the setting of the agenda items for the Council meetings, this enclosed ordinance should be placed on the agenda at the time the Recommendations of th.e Planning and Zoning Commission are received and at the time the matter of the amendments to the Zoning Ordinance are set for public hearing. Step no. 3: Mter the public hearing is completed the Council can then proceed to pass the enclosed ordinance adopting the Nevv Code. Please also be advised that I have a number of ordinances that I am preparing that include both needed legislative changes which are operational matters, Will Berg, City Clerk September 1, 1999 Page 2 and other ordinances which will fLx minor corrections which are necessary to the new Code. As we submit those for consideration they should be held pending final action on the new Code. This will involve all new ordinances for consideration. Once the new Code is on the agenda for consideration you and I should review all of these with the Mayor for permission to place on the City Council Meeting agenda following the adoption of the new Code~ Very truly yours, Enclosure eyfZ:\ W ork\M\M.eridian 15360 M\Codification\CClerkSep l.1tr ( November 12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16,1999 APPLICANT: ORDINANCE ITEM #: 31 REQUEST: TO PROVIDE FOR THE EXTENSION AND CONNECTION OF SEWER SERVICE OUTSIDE THE CITY LIMITS AGENCY COMMENTS CITY CLERK: SEE ATTACHED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE DEPT: CITY BUILDING OEPT: CITY SEWER OEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: . .,'1Jv Vt jJ )IVJ ~tv~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( MEMORANDUM To: William G. Berg, Jr. RECE~TT;1l{"', .... \ ' --l. \; k-"; ,; ~ , . --..,-1 ~U From: Wm. F. Gigray, III NOV 1 2 1999 CITY OF NIERID]}~i cc: Mayor Robert D. Corrie, Ga Smith Subject: Connection and Extension of City Water and Sewer Ordinance Date: November 12, 1999 Will: Please find attached the original Ordinance amending Sections 9-1-16 and providing a new Section 9-4-26A of the Meridian City Code, which concerns the provisio11S for the extension of City water and sewer outside the City lilnits. This Ordinance has been prepared in relationship to the Vienna Woods Subdivision and has been approved by Gary Smith, Public Worl(s Director. We would appreciate of this being scheduled for City Council meeting on the 16th following the adoption of the Meridian City Code. ( MERIDIAN CITY COUNCIL MEETING: DECEMBER 7,1999 APPLICANT: AGENDA ITEM NUMBER: REQUEST: COMPENSATION POLICIES AND PRACnCES - REVISIONS E AGENCY COMMENTS CITY CLERK: ~{' e ttfl--nc h e c( CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: fO~ tG,rf (U~ SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: 1B ~t OTH ER: All Materials presented at public meetings shall become properly of the City of Meridian. OCT 2 8 1999 interoffice MEMORANDUM (~IT~~ () F :\ rI~ R I IJ. I)~7'J To: William G. Berg, Jr cc: Mayor Robert D. Come and Council From: Wm. F. Gigray, III Subject: COMPENSATION POLICIES AND PRACTICES RESOLUTION Date: October 28, 1999 Will: Please find attached the original of the above Resolutio11, along with the Certificate of the City Clerl(. Additionally, copies have been distributed to the Mayor and Council for their review and COlnlnent. If this Resolution meets with their approval then it will be ready to be placed upon an upcolning City COU11Cil age11da. If you have any questions please advise. 11lSg/Z:\Work\M\Meridian 1 5360M\Human Resources\Bergl02899.Mem <\~ V ~()J &~ MERIDIAN CITY COUNCIL MEETING: DECEMBER 7, 1999 AGENDA ITEM NUMBER: 2... APPLICANT: ORDINANCE REQUEST: REVISION, RECODIFICATION AND COMPIlATION OF THE GENERAL ORDINANCES OF THE CRY OF MERIDIAN AGENCY COMMENTS CITY CLERK: SEE 11/16 MEETING PACKET CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: tlV cUf1rrY SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Malerials presented at public meetings shall become property of the City of Meridian. ( MERIDIAN CITY COUNCIL MEETING: DECEMBER 7, 1999 APPLICANT: .-ORDINANC[ t,ef.f)fvvtr&;:) AGENDA ITEM NUMBER: 3 REQUEST: ADOpnNG BUILDING PERMIT FEE SCHEDULE AGENCY COMMENTS CITY CLERK: SEE 11/16 MEETING PACKET CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: NAMPA MERIDIAN IRRIGATION: I)I{~ ~ L/ J'/ tvfyrV V'1f' (V<JJ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF REClAMATION: OTH ER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: DECEMBER 7, 1999 APPLICANT: ORDINANCE AGENDA ITEM NUMBER: o REQUEST: TO PROVIDE FOR THE EXTENSION AND CONNECTION OF SEWER SERVICE OUTSIDE THE CITY LIMITS AGENCY COMMENTS CITY CLERK: SEE 11/16 MEETING PAC~~ CITY ENGINEER: CbpYf/'N /0 ~ JWJ. (?~f. Jt;XdL S~ CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: r g01/ ~vP. ./ af~ Orf~/ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. v/ V v V V ( November 12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16, 1999 APPLICANT: ORDINJ'_'JGE R~) ~/uh~tr>"-' ITEM#: 28 REQUEST: CONSIDERATION TO SET PUBLIC HEARING PERMIT FEES AGENCY COMMENTS CITY CLERK: SEE ATTACHED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER OEPT: CITY WATER OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ~J\i1~ fV1J ~lW ~.bU ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. RESOLUTION NO. 213 BY: ICe/t-1l ~)--cL t!ilz? e8trneZe.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN MAIGNG CERTAIN FINDINGS AND PURPOSES ADOPTING A BUILDING PERMIT FEE SCHEDULE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the City Council has duly enacted the" 1997 Uniform Building Code", which is codified at Chapter I of Title 10, Meridian City Code, together with certain amendments thereto, of which is included an amendment to Section 107.2 "Uniform Building Code" which provides: "107.2 Permit Fees. The fee for each permit shall be as set forth pursuant with a schedule of Permit Fees as established by Resolution of the City Council" ; and WHEREAS, the City Council finds that by the passage of the" 1997 Uniform Buildi11g Code", the Council must exercise its authority to establish said permit fees; and WHEREAS, the City Council finds that the attached Schedule of Building Permit Fees is reasonably related to the costs of administering the Uniform Building Code and its related ordinances. NOW THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the attached " Exhibit "A" City of Meridian Building Permit Fees" is hereby adopted as the official schedule of Permit Fees as provided in the amendment to Section 107.2 "Uniform Building Code". RESOLUTION - I PAS~ BY. THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7Eday of CPht ~ ,1999. APPROb..D BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7-rn day of ce~~ ,1999. 70.~ RESOLUTION - 2 EXHIBIT "Art CITY OF MERIDIAN BUILDING PERMIT FEES VALUATION PERMIT FEE VALUATION PERMIT FEE 100-500 l.u.GG 29,001-30,000 ~ ~"~ . r '} 501-600 18.00 30,001-31,000 250.50 601-700 20.00 31,001-32,000 256.00 701-800 22.00 32,001-33,000 262.00 801-900-- 22.50 33,001-34,000 267.50 901-1,000 25.50 34,001-35,000 272.50 1,001-1,100 27.50 35,001-36,000 278.50 1,101-1,200 29.00 36,001-37,000 284.50 1,201-1,300 31.00 37,001-38,000 290.00 1,301-1,400 33.00 38,001-39,000 295.50 1,401-1,500 35.00 39,001-40,000 301.00 1,501-1,600 37.00 40,001-41,000 307.00 1,601-1,700 38.50 4"1, 001-42, 000 312.50 1 , 7 0 1 - 1- , 8 0 0 40.50 42,001-43,000 318.00 1,801-1,900 42.50 43,001-44,000 323.50 1,901-2,000 44.50 44,001-45,000 329.50 2,001-3,000 52.00 45,001-46,000 335.00 3,001-4,000 59.50 46,001-47,000 340.50 4,001-5,000 67.00 47,001-48,000 346.00 5,001-6,000 74.50 48,001-49,000 352.00 6,001-7,000 82.00 49,001-50,000 357.50 7,001-8,000 89.50 50,001-51,000 361.00 8,001-9,000 97.00 51,001-52,000 365.00 9,001-10,000 106.00 52,001-53,000 368.50 10,001-11,000 112.00 53,001-54,000 372.50 11,001-12,000 119.50 54,001-55,000 376.00 12,001-13,000 127.00 55,001-56,000 380.00 13,001-14,000 134.50 56,001-57,000 383.50 14,001-15,000 142.00 57,001-58,000 387.50 15,OOJ.-16,OOO 149.50 58,001-59,000 391.00 16,001-17,000 157.00 59,001-60,000 395.00 17,001-18,000 164.50 60,001-61,000 398.50 18,001-19,000 172.00 61,001-62,000 402.50 19,001-20,000 179.50 62,001-63,000 406.00 20,001-21,000 187.00 63,001-64,000 410.00 21,001-22,000 194.50 64,001-65,000 413.50 22,001-23,000 202.00 65,001-66,000 420.00 23,001-24,000 209.50 66,001-67,000 423.50 24,001-25,000 217.00 67,001-68,000 427.50 25,001-26,000 223.00 68,001-69,000 431.00 26,001-27,000 228.00 69,001-70,000 435.00 27,001-28,000 234.50 70,001-71,000 438.50 28,001-29,000 239.50 71,001-72,000 442.50 VALUATION PERMIT FEE 72,001-73,000 446.00 73,GOl-74,OOO 450.00 7 4 , dOl ~ 7 5 , 000 453 . 5'0 75,001-76,000 457.50 76,001-77,000 461.00 77,001-78,000 465.00 78,001-79,000 468.50 79,001-80,000 475.00 80,001-81,000 480.00 81,001-82,000 485.00 82,001-83,000 490.00 83,001-84,000 495.00 84,001-85,000 500.00 85,001-86,000 505.00 86,001-87,000 510.00 87,001-88,000 520.00 88,001-89,000 525.00 89,001-90,000 530.00 90,001-91,000 535.00 91,001-92,000 540.00 92,001-93,000 545.00 93,001-94,000 550.00 94,001-95,000 555.00 95,001-96,000 560.00 96,001-97,000 565.00 97,001-98,000 570.00 98,001-99,000 575.00 99,001-100,000 578.50 100,000 + 3.75 For Each Additional 1,000 or Fraction Thereof. 'vi ( MERIDIAN CITY COUNCIL MEETING: DECEMBER 7, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 18A-2 REQU EST: AUTHORITY TO MAKE DETERMINAnONS PROVIDED IN 6 12-3-1 B MERIDIAN CITY CODE AGENCY COMMENTS CITY CLERK: C 0/ 7'>1. 'e-:; ~ CITY ENGINEER: CITY ATTORNEY: SEE ATTACHED Gu~ SA.,~ S w I~ v V "V CITY PLANNING DIRECTOR: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: if~IV E ADA COUNTY STREET NAME COMMITTEE: l/P NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: US WEST: FECEIV1~[) DEe - 7 1999 CIYI OF' IvfuiuDiAN IDAHO POWER: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. RESOLUTION NO. 2- 7 4-- BY: e ~~ !2<nLPv-(Y-.e.L A RESOLUTION SETTING FORTH FINDINGS AND PURPOSES AND PROVIDING FOR AND DELEGATING AUTHORITY TO THE CITY ENGINEER UPON THE WRITTEN APPROVAL OF THE PLANNING AND ZONING ADMINISTRATOR TO MAI<E DETERMINATIONS PROVIDED FOR IN ~ 12-3-1 B MERIDIAN CITY CODE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN: Section 1: Findings and Purposes: I. The Subdivision and Development Ordinance codified at Title 12 Meridial1 City Code regulates any act of dividing an original lot, tract or parcel of land into two (2) or more parts as a subdivision; and 2. Section 12-3-1 B Meridian City Code provides: Re-Subdivision: Notwithstanding the definition of "subdivision" contained in Sectio11 11-2-2 of this Code, where an applicant desires to subdivide an existil1g lot which is located i11 an existing subdivision which has been previously recorded and the required improve111ellts made thereon, he Inay do so without gOi11g through the entire platting procedure required by this Title. He shall, however, sublnit an application for re-subdivision showing the existing lot and how the lot is proposed to be re-subdivided. The City shall then determine what requirements of this Title shall be complied with the applicant. The City may require full compliance if deemed necessary. The provisions of this subsection pertaining to the reduction in plattil1g requirements of certain parcels may apply to previously unplatted and unsubdivided ground upon application of the City Council. 3. It is necessary and desirable to establish the authority to adluinister the provisions of S 12-3-1 B Meridian City Code, and it is found that the RESOLUTION - PAGE I OF 2 City Engineer with the approval of the Planning and Zoning Director is the appropriate City official to administer this provision. Section 2: Delegation of Authority to City Engineer to administer provisions of g 12-3-1 B Meridian City Code: 1. The City Engineer is hereby delegated all authority to administer the provisions of S 12-3-1 B Meridian City Code, subject to the applicatio11 for such process being lnade, in accordance with ordinal1ce provision and UpOl1 the written approval of the Planning and Zoning Director of each application so processed by the City Engineer; and 2. The City Engineer is hereby further delegated the authority in those applications which are approved under this provision to certify cOlnpliance and to cause to be recorded a certificate of cOlnpliance which shall contain the legal description and any accolnpanying notes as conditions of approval with the Ada COU11ty Recorders Office to evidence compliance with this ordinance provision and this resolutiol1. PASSE~_THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7~ day of --t)eL.em~ ,1999. APPROVRP_ BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7-1!:- day of -I)f(e/J?v~ ,1999. .~ ArrEST: \\\t1UJf Ittlllll ,~~~ Of ~1;lli); '\'\ A. "'\ :f~ $''''~ O'rno..:. -~,.t :- --Ufr~ ~ ~ - ~b v :: ~ ~ E ; ~ : - - ..... oe... n1sg/Z:\Work\M\Meridian I 5360M\PLANNING AND ZONING FILE\RESMakeDeterminations RESOLUTION - PAGE 2 OF 2 ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the ll11dersig11ed, do hereby certify: 1. T11at I a111 the dllly appointed and elected CIerI, of the City of Meridia11, a duly incorporated City operating under the lavvs of the State of Ida11o, "With its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City CIerI, of this City, I am the Cllstodian of. s records and minutes and do hereby certify that on the 7---f3. day of l- ce~ 1 999, the follovving action has been taI<en and authorized: A RESOLUTION SEllING FORTH FINDINGS AND PURPOSES AND PROVIDING FOR AND DELEGATING AUTHORITY TO THE CITY ENGINEER UPON THE WRITTEN APPROVAL OF THE PLANNING AND ZONING ADMINISTRATOR TO MAI<E DETERMINATIONS PROVIDED FOR IN 9 12-3-1 B MERIDIAN CITY CODE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN: Section I: Findings and Purposes: 1. The Subdivision and Development Ordinance codified at Title 12 Meridian City Code regulates any act of dividing an original lot, tract or parcel of land into two (2) or more parts as a subdivision; and 2. Section 12-3-1 B Meridian City Code provides: Re-Subdivision: Notvvithstanding the definition of "subdivision" contained in Section 11-2-2 of this Code, where an applicant desires to subdivide an existing lot which is located in an existing subdivision which has been previously recorded and the required improvements made thereon, he may do so "Without going through the entire platting procedure required by this Title. He shall, however, submit an application for re-subdivision sho"Wing the existing lot and how the lot is proposed to be re-sllbdivided. The City shall then determine what CERTIFICATE OF CLERI(- PAGE 1 OF 3 reqlliren1ents of this Title shall be complied vvith the applicant. The City may require full cOlnpliance if deemed necessary. The provisions of this subsection pertaining to the redllction in platting require111e11ts of certain parcels may apply to previously llnplatted a11d unsllbdivided ground upon application of the City Council. 3. It is necessary and desirable to establish the al~thority to adlninister t11e provisions of S 12-3-1 B Meridian City Code, and it is fOllnd that the City Engineer with the approval of the Planning and Zoning Director is the appropriate City official to administer this provisio11. Section 2: Delegation of Authority to City Engineer to administer provisions of g 12-3-1 B Meridian City Code: I. The City Engineer is hereby delegated all authority to administer the provisions of S 12-3-1 B Meri1ian City Code, subject to the application for such process being Inade, in accordance vvith ordinance provisio11 and upon the vvritten approval of the Planning and Zoning Director of each application so processed by the City Engineer; and 2. The City Engineer is hereby further delegated the authority in those applications which are approved under this provision to certify compliance and to cause to be recorded a certificate of compliance which shall contain the legal description and any accompanying notes as conditions of approval with the Ada County Recorders Office to evidence compliance with this ordinance provision and this resollltio11. ~ William G. Berg, Jr. City Clerl( CERTIFICATE OF CLERI(- PAGE 2 OF 3 STATE OF IDAHO, : ss: COllnty of Ada, ) On this 7&-dayof /1tT--C'in ber- ,1999, before me JtlUr 7) ]) ()tJg;;t--!~/Jt ~ , a Notary Public, appeared WILLIAM G. BERG, JR., lcnovVI1 or identified to me to be the City ClerIc of the City of Meridian, Idaho that execll~ed the said instrument, and acI<.novvIedged to me that he executed the same on behalf of the City of Meridian. ",........,'. k1). OVS~,....~ (ft;~ ........ ~.tA..~~ ~...." -.. ...". ~ f ~ O'tARl' \ , -. .... · it i - . ~ . :. C, I ; it: \.. PUB~"\ 101 ~.. .. ..~ , ~ . ^ .. .. ,:;r-r It #, u~ .......:'\) ". ~ ###~ ~ l'B 01= \: ".,." ." " ..........." a//~A ~ Notary Public for Idaho Commission Expires: /,I..07--oL,L msglZ:\ W ork\M\Meridian 15360M\PlANNING AND ZONING FILE\CertCIMakeDetermination CERTIFICATE OF CLERl(- PAGE 3 OF 3 ......."..- .. - JJ~ ( at; J/ ADA COUNTY RE%ROER . ., J. OAViQ NAV~RRO 801S\~J lO,t:\dO 19990E 2-2 PM t: 25 CITY OF MERIDIAN ORDINANCE NO. 848 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 HIGH DENSITY RESIDENTIAL DISTRICT (R-40); 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. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION I. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridia11 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 a portion of tl1e Northeast 1/4 of the Northeast 1/4 of Section 18, T.3N., R.lE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monulnenting the northeast comer of said Section 18, said corner being the TRUE POINT OF BEGINNING, fr0111 which the North 1/4 comer of said Section 18 bears South 89046118" West 2,654.20 feet; thence South 00031 '19" West 565.45 feet along the Easterly boundalY of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89041'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No. I recorded in Bool( 7S of Plats at Page 7794 in the records of Ada County, Ida11o: ANNEXATION AND ZONING ORDINANCE.. 1 . ,t ' '( thence along the easterly boundary of said subdivision North 00058'4311 East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North 02014!38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89046'18" East 480.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 6.16 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 High Density Residential District (R-40). 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: All ordinances, resolutions, orders or parts thereof in conflict herevvith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk. of the City of Meridian shall, :within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner 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-YVit: 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 vvith Idaho Code S63-2215 and SSO-223. ANNEXATION AND ZONING ORDINANCE - 2 ( . ' ( ~4SSED .&Y THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 16t!:dayof /XQY.ein~, 1999. ~ / fA. ArVROYED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ( b - day of ~ve~~, 1999. . , STATE OF IDAHO,) \\'\HUU lilt '" \\\\ r'lfr.C: UJ:'h. "1/ ,'\\\\.... U' n~Dl 1/1, ~' ~'""\ . ~A... /~/ ~ & ~OR.1h .-y ~ ~ _.....0 ~<) ~ ~ ~ ~ ~ ~ = ; SEAL- _ ~ .:: "'6- ~:: ~.~ ~TP ~ ~..yO VSr 1S-1\ ' ~.? ~ ......'t ,,<,~'" ,,' /.1 t a ~ " "'~.I/.... Oum'!. \\\,\ J,rIJ \\\\ "liHHI H~\-\ ATTEST: Jldh-~~ CITY CLERI( I 5S. County of Ada. ) On this It ~ day of l/irWlnbA_ ' 1999, before me, the llndersigned, a Notary Public in and fat said State, personally appeared ROBERT .D. CORRIE and WILLIANI G. BERG, JR., lmovvn to me to be the Mayor and City Clerl( of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official se~ and year first above written. ,., .......... '0. 0 V 1l~~ ~~ ~ ~ :1;".. ~ ~ <<ry ! ~ I ~O'tAk~ \ (S~dT\ .~ .<< : ~ .. v: : '\ ir PUl\'-S lo i ~ 1;/ ~.; ~l'- ......Gf)'~ \:,J~ ....... .;f t'B or \ ,,,," .." ..........",.. ~~/Q IIZ~ NOTARY PUBLIC FOR IDAHO RESIDING AT: '1Z(it!f.f~ MY COMMISSION E IRES: //-6.2---Oi./ msg\Z:\Work\M\Meridian 15360M\Cobblestone Village\AZ.ORD ANNEXATION AND ZONING ORDINANCE - 3 '::SEC.18 d;-~cV #848 No~ .:::D12-N'E.I2.! ~.IB~ 1\ ~" \\ ~N1 oP ~ltJrJlM fJor=-fl-f ~~: i";;s~' ,i~ ~.:i: -:9: ~ ~ - ~~PN~ :i VIL.lACfE. ~*$ .~~ 9 z ---...\ '\, " ,,,, '~\ \\ \\ \ \\ \\ '\ \\ '\\ \ ~ \ \ ~ \ \ ~, "~ , , "~---~ ----\\ \\ \, , \ I \ --1=84- , ... '\ ... ... .. \. \ .. '\ .. \ --~ ~ ------------------------------------------....------------------------- -- t , .' ( CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax COlnmission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerl(, of the City of Meridian, Ada COl)nty, State of Idaho, do hereby cenify that the attached copy of Ordinance No. &~ . passed by the City Council of the City of Meridian, on the /67:f:. day of ;Vovefrv{}f-v 1999, is a true and correct copy of the original of said document which is in the care, custody and control of th~,!;it,}j/Clerl( of the City of Meridian. _\\\\'\ 11'1/ ,\ at':: UJ:"h, 'I ~;..\ _t 1(" -"-11111.. 1/...,;: ....' ~~ . '-V4~ " $" c) , orwFi.4~ ~ ~ % ~ ~G ~() ~ :: ~ ~ - ~ ~ - SE~t\L County of Ada, tin On this /~ ^day of I1JIZ/V7V~, in the year 1999, before me, ~ b, {)tlr~~#l_ , a Notary Public, appeared WILLIAM G. BERG, JR., IGlown or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and aclcnowledged to me that h~~~~MM1~~#e same on behalf of the City of Meridian. ~.. '" · /j~~ J" ## ....... ~ ......fj '<../;p"" ~ ~ 1:-'- .. .0 #:. . ...:~ .. ~$ ~ ~ !:::.~ . .-. = -.:; I '! A.h. i -. ". ~ . -'C. ~o . ~ : .. . ~ ...,... :. ~,~~ . . · · .". ..... i · ~ \.V. \- Vy.\J 101 ... (S t) .. ~ ~ "~ ......~~ ~.~# .-f tB Otl ~ .'~ ., ,.~ .........".. aAPfiJ rC~ Notary Public for Idaho Commission Expires: II" (j ~.,Cl Y 10' msg\Z:\ W o rk\M\lV1eridi an 15360M\Cobblestone Village\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN ( ( CITY OF MERIDIAN ORDINANCE NO. & 1-1 AN ORDINANCE FOR REVISING, CODIFYING AND COMPILING THE GENERAL ORDINANCES OF THE CITY OF MERIDIAN PROVIDING FOR THE ADOPTION OF THE MERIDIAN CITY CODE AS PREPARED BY STERLING CODIFIERS, INC., AND PROVIDING FOR A METHOD OF PERPETUAL CODIFICATION; AND PROVIDING FOR THE EFFECTIVENESS OF EXISTING CITY ORDINANCES, AND PROVIDING THAT CERTAIN TYPES OF ORDINANCES SHALL NOT BE INCLUDED IN THE CITY CODE; AND DECLARING IT UNLAWFUL TO CHANGE OR AMEND BY ADDITION OR DELETIONS ANY PART OR PORTION OF THE CODE TO CAUSE THE lAW OF THE CITY TO BE MISREPRESENTED THEREBY, AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO: SECTION 1: From and after the date of passage of this ordinance, the City Code of the City of Meridian, Idaho prepared by Sterling Codifiers, Inc. containing the compilation of all ordinances of a general nature.together with the changes made to said ordinances, under the direction of the governing body of the City, shall be accepted in all courts without question as the official code and law of the City as enacted by the Mayor and City Council. SECTION 2: There is hereby adopted, as an method of perpetual codification, the loose-leaf type of binding together with the continuous. supplement service, provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the official City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, one copy of which shall be maintained in the office of the City Clerl(, certified as to correctness and available for inspection at any and all times that said office is regularly open. SECTION 3: All ordinances of a general nature included in this official City Code shall be considered as a continuation of said ordinance provision and the fact that some provisions have been deliberately eliminated by the governing body shall not serve to cause any interruption in the continuous effectiveness of ordinances included in said official City Code. All ordinances of a special nature, such as .tax levy ordinances, bond ordinances, franchises, vacating ordinances and annexation ordinances shall continue in full force and effect unless specifically repealed or ( amended by a provision of the City Code. Such ordinances are not intended to be incltlded in the official City Code. ,.I SECTION 4: It shall be llnlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. SECTION 5: All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. ? -II! ArrEST: eyfZ:\W ork\,M\N1eridian 15360 !v1\Codification \Recodif.Ord ( CITY OF MERIDIAN ORDINANCE NO. 852- AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 16, CHAPTER I OF TITLE 9, MERIDIAN CITY CODE, AND AMENDING CHAPTER 1 OF TITLE 9 AND THE ADDITION THERETO OF A NEW SECTION 16 TO PROVIDE FOR THE EXTENSION AND CONNECTION OF WATER SERVICE OUTSIDE THE CITY LIMITS, AND REPEALING SUBSECTION A, SECTION 26, CHAPTER 4 OF TITLE 9, MERIDIAN CITY CODE AND AMENDING SECTION 26, CHAPTER 4, TITLE 9 MERIDIAN CITY CODE BY THE ADDITION THERETO OF A NEW SUBSECTION A TO PROVIDE FOR THE EXTENSION AND CONNECTION OF SEWER SERVICE OUTSIDE THE CITY LIMITS, AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO: SECTION I: That Section 16 of Chapter 1 of Title 9, Meridial1 City Code, be and the sal11e is hereby repealed. SECTION 2: That Chapter 1 of Title 9, Meridian City Code, is hereby amended by the addition thereto of a new Sectio11 16 to read as follows: 9-1-16: Connection to the City Wate! SystelTI Outside of the City Lilnits: 111 order to obtain Municipal Water System service to parceVs which are either partially or entirely outside of the corporate City limits the following provisions must be complied with: A. There shall be an application form which shall provide that the applicant will agree to the terms and conditions required by this section as a consideration for obtaining such service. The City Council shall establish an application fee which fee shall be based upon various classes of applications as recommended by the Public W orl(s Director given the amount of staff review required for processing the application. The application form shall specify the legal description of the parcells for which service is being applied, the name and address of the legal owner/s of the parcells and purpose of the requested service. B. A completed application lTIUSt be filed with the Public Works Department. ORDINANCE - 1 ( c. Following the filing of a completed application form and the payment of the application fee the Public W orl(s Director shall then review the circumstances presented by the application in accordance with the terms and conditions and regulations of this Chapter as are relevant to the application and which shall also include a review of the effect the granting of the application will have on the ability of the Municipal Water System to provide an acceptable level of service to developed parcels with existing service within the City lin1its which shall not be compromised. D. The Public W orl(s Director shall then review the findings and recommendations with the applicant for comment. E. The Public W orles Director shall then submit the application and a report of recommendation/s to the City Council regarding the application. F. The City Council, in the exercise of its discretion may either grant or deny the application after review of the application and the report of recommendation/s of the Public W orl(s Director. G. In the event the Council grants the application it shall include as a condition that the legal owner/s of the parcells shall enter into an "Agreeme11t for the Extension of Domestic Water Service Outside the City Limits" [hereinafter in this section referred to as the "Agreement"] which agreement form shall provide that the legal owner/s of the parcells agree that the provisions of the City's ordinances, regulations, and policies, and inspection fees, which appertain to the regulation, control and use of its domestic water system including haole up, service fees as apply terms of the "Agreement" and which form shall also provide that the owner/s of the parcells agree to the annexation into the City of the parcells serviced; and the Council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the City limits and to assure that the proprietary funds of the City domestic water service are not used for the extension and or enlargement of the systelll which conditions shall also be included in the "Agreement". H. The water user of the parcells serviced pursuant to a granted application under this section shall be considered a user and subject to the terms and conditions of the "Agreement" so long as the ORDINANCE - 2 ( property being served remains outside of the corporate lilnits of the City. SECTION 3: That Subsection A of Section 26 of Chapter 4 of Title 9, Meridian City Code, be and the same is hereby repealed. SECTION 4: That Section 26 of Chapter 4 of Title 9, Meridian City Code, is hereby amended by the addition thereto of a new Subsection 26 A to read as follows: 9-4-26A: Connection to the City Sewer System Outside of the City Lilnits. In order to obtain Municipal Sewer System service to parcells which are either partially or entirely outside of the corporate City limits the following provisions must be complied with: A. There shall be an application form which shall provide that the applicant will agree to the terms and conditions required by this section as a consideration for obtaining such service. The City Council shall establish an application fee which fee shall be based upon various classes of applications as recommended by the Public W orl(5 Director given the amount of staff review required for the processing the application. The application form shall specify the legal description of the parcells for which service is being applied, the name and address of the legal owner/s of the parcells and purpose of the requested service. B. A completed application must be filed with the Public Works Department. c. Following the filing of a completed application form and the payment of the application fee the Public W orl(s Director shall then review the circumstances presented by the application in accordance with the terms and conditions and regulations of this Chapter as are relevant to the application and which shall also include a review of the effect the granting of the application will have on the ability of the Municipal Sewer System to provide an acceptable level of service to developed parcels with existing service within the City lilnits which shall not be compromised. D. The Public W orl(s Director shall then review the findings and recommendations with the applicant for comment. E. The Public Warks Director shall then submit the application a11d a ORDINANCE - 3 report of recommendation/s to the City Council regarding the application. F. The City Council, in the exercise of its discretion may either grant or deny the application after review of the application and the report of recormuendation/s of the Public Worles Director. G. In the event the Council grants the application it shall include as a condition that the legal owner/s of the parceVs shall enter into an "Agreement for the Extension of Domestic Sewer Service Outside the City Limits" [hereinafter in this section referred to as the "Agreement"] which agreement form shall provide that the legal owner/s of the parceVs agree that the provisions of the City's ordinances, regulations and policies which appertain to the regulation, control and use of its domestic sewer system including haole up, service fees, and inspection fees, apply as terms of the "Agreement" and which form shall also provide that the owner/s of the parceVs agree to the annexation into the City of the parceVs serviced; and the Council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the City limits and to assure that the proprietary funds of the City domestic sewer service are not used for the extension and/or enlargement of the system which conditions shall also be included in the "Agreement". H. The sewer user of the parcel/s serviced pursuant to a granted application under this section shall be considered a user and subject to the terms and conditions of the "Agreement" so long as the property being served relnains outside of the corporate lilnits of the City. SECTION 5: All ordinances, resolutions, orders or parts thereof in COl1flict herewith are hereby repealed, rescinded and annulled. SECTION 6: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herei11 be declared for any reason to be invalid it is the intent of the Meridia11 City Council that it would have passed all other portions of this ordinance independent of the elimi11ation herefrom of any portion as may be declared invalid. ORDINANCE - 4 ( SECTION 7: DATE OF EFFECT: This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PA\SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this -7-1.6.. day of .(/!("ftn~ ,1999. APPRO,\E? BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7.f!L day of I}eC.eh1 ~, 1999. ATTEST: JI~AA~~. City Clerk f/ ORDINANCE - 5 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR VACATION OF TWO 10 FOOT ) WIDE PUBLIC UTILITY EASEMENTS ) OF LOTS 5 AND 6 OF BLOCI( I AND ) LOTS 6,7,8 OF BLOCI( 1, MERIDIAN ) BUSINESS PARlC SUBDIVISION ) ) JONATHAN R. SEEL, APPLICANT ) ) 12-21-99 CASE NO. V AC-99-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF UTILITY EASEMENT This matter coming on regularly before the City Council at its regular meeting on the 16th day of November, 1999, at the hour of 7:00 p.m., and Gary Slnith, City Engineer, appeared and the Council having received the record froln the PlaI1niI1g aI1d Zoning Commission and its recommendations to the City Council, and no objection having been received mal<.es the following Findings of Fact and Decision and Order. Fi11dings of Fact and Conclusions of Law and - Page 1 of 9 Order of Vacation of two 10 foot wide public utility easelnents / Meridian Business Park / By: JOl1athan R. Seel/ VAC-99-005 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same Inanner as streets. {I.C. S 50- 1325}. 2. The vacation of an easement which was accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.C. S 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city IUllst petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; C011tain a legal description of the platted area or property to be vacated; the nalnes of the persons affected thereby, and said petition shall be filed with the city clerl(. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred (300) feet of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a celnetery being within three hundred (300) feet of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, Findings of Fact and Conclusions of Law and - Page 2 of 9 Order of Vacation of two 10 foot wide public utility easements / Meridian Business Parl( / By: Jonathan R. Seel / V AC-99-005 power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacati<?n of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {I.C. 9 50-1306A (1), (2), (3) and (5)} 4. Pursuant to S 9-611 A 2. a. and b. I. of the Meridian Z011ing and Development Ordi11ance it provides as follows: Commission Recommendation: The Commission shall review the request and all agency response and malee a recomme11dation to the Council for either approval, conditional approval, or denial. Council Action - When considering an application for the vacatio11 procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights-af-way in such proportions as are prescribed by law. FINDINGS OF FACT I. W. H. Moore Company/Jonathan R. Seel, of 600 N. Steelhead Way, Suite 144, PO Box 8204, Boise, Idaho, 83707 -2204, is a legally recognized form of business in the State of Idaho. {see Chapter 6 of Title 53 Idaho Code} 2. W. H. Moore Company/Jonathan R. Seel, filed a petition for the vacation of two 10 foot wide public utility easelnents in the SE 1/4 of the SW 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian as dedicated in the Certificate of Owner of Meridian Business Parle in Book 70 at page 7158, as Instrument No. 95059609. 3. The legal descriptions of the utility easements which are the subject of Findings of Fact and Conclusions of Law and - Page 3 of 9 Order of Vacation of two 10 foot wide public utility easements / Meridian Business Parle / By: Jonathan R. Seel / VAC-99-005 ( this petition are: Easement One (Legal description of a portion of an existing easement to be released Lots 5 and 6 of Block 1, MERIDIAN BUSINESS PARle): A 10.00 foot wide strip of land being 5.00 feet wide on each side of centerline and located in Lots 5 and 6 of Bloclc 1 of MERIDIAN BUSINESS PARI( SUBDIVISION situate in the SW 1/4 of the SE 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, the centerline of said strip of land being more particularly described as follows: BEGINNING at the most easterly Lot corner common to said Lots 5 and 6; thence South 89020130" West a distance of 235.05 feet alol1g the line common to said Lots 5 and 6 to the POINT OF TERMINUS, said point bears North 89020'30" East a distance of 25.00 feet froln the lTIOst westerly corner common to said Lots 5 and 6. Said strip of land contains 2,350.5 square feet lTIOre or less. Easement Two (Legal description of a portion of an existing easement to be released lying on Lots 6,7, and 8 of Block 1, MERIDIAN BUSINESS PARle): A 10.00 foot wide strip of land being 5.00 feet wide on each side of centerline and located in Lots 6, 7 and 8 of Block 1 of MERIDIAN BUSINESS PARI( SUBDIVISION situate in the SW 1/4 of the SE 1/4 of Section 7, Township 3 North, Range I East of the Boise Meridian, Ada County, Idaho, the centerline of said strip of land being more particularly described as follows: BEGINNING at the most easterly Lot corner common to said Lots 6 and 7; thence South 89020130" West a distance of 235.05 feet along the line common to said Lots 6, 7 and 8 to the POINT OF TERMINUS, said point bears North 89020'30" East a distance of 25.00 feet from the most westerly corner common to said Lots 6 and 8. Findings of Fact and Conclusions of Law and - Page 4 of 9 Order of Vacation of two 10 foot wide public utility easements / Meridian Business Park / By: Jonathan R. Seel/ V AC-99-005 Said strip of land contains 2,350.5 square feet more or less. 4. The particular circumstances of the requested vacation is: The vacations are required to allow construction of buildings over the easements. All utilities are located in the street and can service projects without having to utilize these easements. Additionally, the City has requested that the consent of Parcel A land owner (Gary Price) be combined with the two vacations in one application. A consent letter from Mr. Price is attached within Exhibit "A". 5. The names and, Relinquishment of Easements attached as Exhibit "A", of the affected by the petition to vacate include: 5 .1 The applicant! owner of the property is W. H. Moore Company, Boise, Idaho. 5.2 Ada County Highway District of Boise, Idaho. 5.3 Intermountain Gas, US West Communications, Inc., City of Meridian, TCI Cablevision and Idaho Power, attached within Exhibit "A" are the Relinquishment of Easements releases. 5.4 Gary Price, consent letter. 6. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred (300) feet of the boundaries of the area described in the petition, and such notice was also published once a weel( for two (2) successive weel(s in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 7. All affected utility holders have agreed to the requested vacation in writing. 8. The Ada County Highway District does not object to the requested Findings of Fact and Conclusions of Law and - Page 5 of 9 Order of Vacation of two 10 foot wide public utility easements / Meridian Business Park / By: Jonathan R. Seel / V AC-99-005 vacation. 9. All publication costs have been paid by the petitioner. DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. Those certain utility easements as depicted on the Record of Survey of Meridian Business Park, are hereby vacated. Easement One (Legal description of a portion of an existing easement to be released Lots 5 and 6 of Block 1, MERiDIAN BUSINESS PAR1(): A 10.00 foot wide strip of land being 5.00 feet wide on each side of centerline and located in Lots 5 and 6 of Blocl( 1 of MERIDIAN BUSINESS P ARI( SUBDIVISION situate in the SW 1/4 of the SE 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, the centerline of said strip of land being more particularly described as follows: BEGINNING at the most easterly Lot corner COmlTIOn to said Lots 5 and 6; thence South 89020'30" West a distance of 235.05 feet along the line common to said Lots 5 and 6 to the POINT OF TERMINUS, said point bears North 89020'30" East a distance of 25.00 feet from the most westerly corner common to said Lots 5 and 6. Said strip of land contaillS 2,350.5 square feet more or less. Fil1dings of Fact and Conclusions of Law and - Page 6 of 9 Order of Vacation of two 10 foot wide public utility eaSelTIents / Meridian Business Park / By: Jonathan R. Seel / V AC-99-005 ( Easement Two (Legal description of a portion of an existing easement to be released rying on Lots 6, 7 and 8 of Block 1, MER1DIAN BUSINESS PARle): A 10.00 foot wide strip of land being 5.00 feet wide on each side of centerline and located in Lots 6, 7 and 8 of Blocle 1 of MERIDIAN BUSINESS PARI( SUBDIVISION situate in the SW 1/4 of the SE 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, the centerline of said strip of land being more particularly described as follows: BEGINNING at the most easterly Lot corner common to said Lots 6 and 7; thence South 89020'30" West a distance of 235.05 feet along the line common to said Lots 6,7 and 8 to the POINT OF TERMINUS, said point bears North 89020'30" East a distance of 25.00 feet from the most westerly corner common to said Lots 6 and 8. Said strip of land contains 2,350.5 square feet more or less. 2. The City ClerIc shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Worles, Planning and Zoning Departments, and the City Attorney's office. 3. The City ClerIc shall cause a certified copy of this order to be recorded with the Ada County Recorders office. Findings of Fact and Conclusions of Law and - Page 7 of 9 Order of Vacation of two 10 foot wide public utility easements / Meridian Business Parle / By: Jonathan R. Seel / V AC-99-005 NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the vacation 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. ~~y action of the City Council at its regular meeting held on the 7-16 day of ~.e-In~ ' 1999. ROLL CALL COUNCILMAN ANDERSON VOTED /f6J$J COUNCILMAN BENTLEY VOTED~ VOTED~ COUNCILMAN BIRD COUNCILMAN ROUNTREE VOTED~ ~ ,- <:::: - -~. -.. Findings of Fact and Conclusions of Law and - Page 8 of 9 Order of Vacation of two 10 foot wide public utility easements / Meridian Business Park / By: Jonathan R. Seel / V AC-99-005 \ ( MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: /2-7-Cf1 Copy served upon Applicant, the Planning and Zoning Department, Public W ~~~bl\'\lHI""IIII/1 Department and City Attorney. ,:~,\\~ Of ME'f?-o~//"""""" " r).. 0 -1A 'l J I f '-' ~(p?P 114 r~o y '% BY: ~~~lfety. DATED: /2--1-f1f ~ SEAL . City Clerk "G; q,&. -:.- ~ <:>',1. A\ 0':: ~.... ~"l vSr 15\ ' '~$" ....../...... ..<., C '-("'\. ~ ".... ".I Ou ~ \V " 1'1'" Nt, f \\,.... <-.I"J, · \ \ \ !..t( f.U-u t n n \ \ STATE OF IDAHO, : ss. County of Ada. ) On this 7 ~day of !).te.-t.1f1 h _<J" , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City ClerIc of the City of Meridian, Idaho, and who executed the within instrument, and aclG10wledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set lny hand and affixed my official seal the day and year first above written. ....".......~ ....~~ t..~::{. 0 "~.t<~ f~OTAJt~ ~ \ . : . . * . ~.-- . . : ~ :*= \ PUB IJ\ C.: i ~ fP. (!f1J 0 ~ ~ ~ -. rr -\ ~ ~.... ~ ol).., ..... Qo .(" (" : ,",' - ..... ...... .f .( ~b ....... ,- ... 4lt#", .c 0 F i -, ~ ~.~~ msglZ:\~~Wetidian 15360M\W.H. Moore VAC\FfCIOrdVacUtilityEasmt a~JO~ Notary Public for Idaho Commission Expires: J /-O;;-o$' Findings of Fact and Conclusions of Law and - Page 9 of 9 Order of Vacation of two 10 foot wide public utility easements / Meridian Business Parl( / By: Jonathan R. Seel / V AC-99-005 MEMORANDUM To: William G. Berg, Jr. Marlene 81. George tW,,/{, RECEIVED DEe - 9 1999 CITY OF MERIDIAN From: Subject: AGREEMENTS FOR NEW POLICE STATION Date: December 9, 1999 Pertaining to the COMMERCIAUINVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT and the EXCLUSIVE BUYER REPRESENTATION AGREEMENT for the purchase of property for the 11ew police station, please find those original agreements attached hereto. Also, please note in the COlull1ercial/Investluent Real Estate Pllrchase and Sale Agreemellt, at 11Ulllber 8, additional language has been added as follows: "A11d the additional conditio11 set forth in City Council Resolution No. 277." Additionally Will, you will need to attach the certified Resolution No.2 77 to the Commercial/Investment Real Estate Purchase and Sale Agreement and the Certificate of the Cler]( as the appended material. Please make sure both of these agreemellts are executed by tIle Mayor alld that your office retains conformed copies of these two agreell1ellts, alollg witll tIle appropriate attachlnents. Also, please provide conforlued copies of these two agreements, with the attachmellts, to the attorlley's office for Ollr file. I did speal( with Dave WillialTIs this 1110rning and inforlTIed hill1 that tIle docume11ts would be delivered to City Hall today. Therefore, after Mayor Corrie l1as executed these two doculnents would you please deliver these agreelnents to Dave WillialTIs, with the submitted offer. Please advise Mr. Gigray of the offer. Tha11lc you for your assistance in this luatter, al1d if YOll have allY questions please give Ine a call. msgjZ:\ W ork\1'vl\1'vleridian 15360M\Adrninistration \Berg 12 099 9 .Mem interoffice MEMORANDUM To: William G. Berg, Jr. D~CE~ /GlD' 1 ~j1..:J -lLV J~ ~ " DEe - 7 1999 CITY OF NIERIDIAN From: Wm. F. Gigray, III Subject: RESOLUTIONS FOR NEW POLICE STATION Date: December 7, 1999 Will: .''<.i~: ~,.., Please find attached the two originals of the Resolutions and Certificate of Clerl(s for Dave Williams dba Diamond Properties for the purchase of a 10 acre site for ~ new poli~e stati?n and other public use to b~r~~<!:::~e De~ember 7, 1999, City CouncIl meetmg. ~ _.~ , ~!~J:.._".~.~F~~...",""c""",~1'I:!i~~ Please also find attached the originals of the two agreements. These agreements will need to be presented to the Mayor to obtain his signature, and, of course, your attestation. the matter. Please be sure to keep co.pies of these agreements for the Clerl(S' file on . If you have any questions please advise. Z:\W ork\M\Meridian 15360M\Administration\Clerk120799.Mem interoffice MEMORANDUM To: William G. Berg, Jr. RI.' "Ci'l {t"""1 ~T' -y~~ ~--[-:-I "j:~-- -f' !~ 1 1 'U ...._____1 _I "'/ (- - ; i , ~ \l;Y' '- · ~I,~JJL.J; " DEe - 7 1999 CIT1' OF IV[E~ilDIA1~ From: Wm. F. Gigray, III Subject: RESOLUTIONS FOR NEW POLICE STATION Date: December 7, 1999 Will: Please find attached the two originals of the Resolutions and Certificate of Clerl(s for Dave Williams dba Diamond Properties for the purchase of a I 0 acre site for a new police station and other public use to be presented at the December 7, 1999, City Council meeting. Please also find attached the originals of the two agreelnents. These agreements will need to be presented to the Mayor to obtail1 his signature, and, of course, your attestation. Please be sure to keep copies of these agreements for the Clerics' file on the matter. If you have any questions please advise. z:\ W o rk\M\Meridi an 15360 M\Administra tion \Cl erk 120 799. Mem -f-) ~-;:;-~ - ..-a -,f:"'" -r-t -- ~.--;-t .:-- -', -:, '1 I J \G ....i...:..J JL ,)/ ~-l ; 1 '. ".' ~)..::--' ' -~A .~l;d R. -,..,-.- ~ -71 ~--:- -..-- --.. .- ....'... ~.i I I '1 1 ,.~\ ;,l ~"I ~ ,t } 1fi j ~~ .iL:..f....L t ;-\ vy' ~..~ DEe - 7 1999 CITi OI~1 lvilif(lDUlN DEe - 7 1999 CITi OF r/iEl=tIDlf\N RESOLUTION NO 276 BY: tlL~d~'/~e-v ~/J;t &~~C~ 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 "EXCLUSIVE BUYER REPRESENTATION AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE. 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 DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, denoted as " EXCLUSIVE BUYER REPRESENTATION AGREEMENT", a copy of which is attached hereto marked 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 a~ follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, entitled "EXCLUSIVE BUYER REPRESENTATION AGREEMENT", by and between the City of RESOLUTION - DAVE WILLIAMS DBA DIAMOND PROPERTIES - PAGE IOF2 FOR NEW POLICE STATION AND OTHER PUBLIC USE Meridian and DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ~. SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7~ay of ~C.e/'YI-~ , 1999. AfPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7#. day of Jdecern/6M. , 1999. _ r; ~. ATTEST: JI~~~/~ CITY CLERK RESOLUTION - DAVE WILLIAMS DBA DIAMOND PROPERTIES - PAGE 20F2 FOR NEW POLICE STATION AND OTHER PUBLIC USE ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerl( of the City of Meridia11~ a duly incorporated City operating under the laws of the State of Ida11o, vvith its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerl( of this City, I am the custodian of its records a11d f~nutes and do hereby certify that on the 7-IJL day of /.)e.c.e IYI/~ , 1999, the following action has been taken and authorized: 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 "EXCLUSIVE BUYER REPRESENTATION AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO REPRSENT THE CITY AS A REAL ESTATE BROICER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE. 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 DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROlCER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, denoted as " EXCLUSIVE BUYER REPRESENTATION AGREEMENT", a copy of which is attached hereto marl<ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - I NOW, THEREFORE, BE IT RESOLVED BY THE NlAYORAND CITY COUNCIL as follows: 1. The Mayor and Clerl( are hereby authorized to enter into and on behalf . of the City of Meridian that certain agreement vvith DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROlCER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, entitled "EXCLUSIVE BUYER REPRESENTATION AGREEMENT", by and between the City of Meridian a11d DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROICER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, a copy of vvhich is attached hereto marl(ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. -: ..l:alAL ~ ~ p ~ ~ ,c:;- ..0 ~"1'O ~r 1~ t -x' ~ ~"'........ "A1 0.-- ~ ~ "".::- ,;/ . - utJN'T"'{, " '\ ') 1'1 \.\" IllHUt tt\:\\\\ STATE OF IDAHO, : ss: County of Ada, ) ~ ~n this _~ of dL--U-~, in the year 1999, before me, ~l:tv IJ. C~ , a Notary Public, appeared WILLIAM G. BERG, JR., l<.nown or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acl<.nowledged to me that he executed the same 0 he City of Meridian. ~fi 4.~~ · ,,~~~ t ~~ ~~ ~ ~ OTAa.. ~ : , ~ .f{~ (~J>;;:\C * ~ <p e. .. 0 mSgl~.~.Pi~~~ 4t##.. 'E: OF \V ~,... ',.,.... ......... ~~ LQ /l4A~>( ~ -~. ) Notary Public for Idaho '--" Commission Expires: / /-O.:z -Cl ~ M\Administration\CertifClerkPOLICEST A TIONRes CER TIFI CA TE OF CLERIC OF THE CITY OF MERIDIAN - 2 RESOLUTION NO 2- 11 BY: tit ~I ~ l2&w1,,-,:frU- t!1 ~ {1tvn c:e ~c:vv.- 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 "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176", BY AND BETWEEN THE CITY OF MERIDIAN AND DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #S1118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY. 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 make an OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #81118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, denoted as "COMMERCIAL/INVESTMENT REAL EST ATE PURCHASE AND SALE AGREEMENT ID #57176", a copy of which is attached hereto marked 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 Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with DAVE WILLIAMS, DBA DIAMOND RESOLUTION - DAVE WILLIAMS DBA DIAMOND PROPERTIES - PAGE lOF2 FOR NEW POLICE STATION AND OTHER PUBLIC USE ( PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #81118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY 8HALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, entitled "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176 ", by and between the City of Meridian and DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #81118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ~SSED ~Y THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7/1- day of am ~ , 1999. ~D BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7~day of ~ , 1999. ATTEST: \\\t1UffflJ"'t -~\\\ Of ~/II ".... .... - 'I, ....' A. ~ ..., ," ,\.., ?: ~ v-~ ,~ ~ ~ ~ ~ '~...-;. ~ ~- '$ i ~ SEAL ! l 7l'L .b! - ~ ,VI..... ,~- .... ~ <)d "0.., 1~ ' ~ f ~/.... '1' ~ ...:~""" /// '. CO/Ill rrV ~ ,.....' , 'I UN t l' \" II, \\\ litHji UH\\\\ z:\w ork\M\Meridian 15360M\Administration\RESOLUTIONtwoPoliceStation.Agt RESOLUTION - DAVE WILLIAMS DBA DIAMOND PROPERTIES - PAGE 20F2 FOR NEW POLICE STATION AND OTHER PUBLIC USE ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: I. That I alTI the dl.lly appoi11ted and elected Clerl( of the City of Meridia11, a duly incorporated City operating llnder the laws of the State of Ida11o, vvith its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerl( of this City, I am the Cllstodian of its records a11d ,--zni_nutes and do hereby certify that on the '7.Jf!. day of AtCI!I'Y"~ , 1999, the following action has been taken and allthorized: 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 "COMMERCIAUINVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176", BY AND BETWEEN THE CITY OF MERIDIAN AND DAVE WILLIA1vIS, DBA DIA1vIOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #51118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORlvI A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY. BE IT RE50L VED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to mal<.e an OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #51118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION . THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORNl A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 1 ( THE PROPERTY, denoted as "COM!vlERCIAIJINVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176", a copy of which is attached hereto marl<.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: I. The Mayor and Clerl<. are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement vvith DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #51118141900 SUBJECT TO THE TERlvIS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, entitled "COMMERCIAIJINVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176 ", by and between the City of Meridian and DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTX PARCEL #S 1118141900 SUBJECT TO THE TERlvIS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, a copy of which is attached hereto marl<.ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ~~ ILLIAM G. BERG, JR. CITY CLERI( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 2 ( c STATE OF IDAHO, : 5S: County of Ada, ) -tv ' , - /J On this ~ day of ;af~/dl/J-LA-, in the 'year 1999, before me, !dill; 71/ iJ. (JJ/?Lh/? ' a Notary Pubhc, appeared WILLIAM G. B'ERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acl<l1ovvledged to me that he executed the same on behalf of the City of Meridian. "....... .., 0 .,," ~ · " ~ b ...... ~ ~ ....... ~~ ~ ~ ... ~. ~ ~ _ .." S ~:- ~O~A~~ (f;EJiL) ..... . : *. C \ \ PUB\"\ .~!):.-.. . ~ 7>", .........::, ~ ~ffi l'S 0 F \v ,~~... ....... II.. It'" ~JA~ Notary Public for Idaho Commission Expires: II --0:2-0 f msglZ:\W ork\M\Meridian I 5360N1\Administration\CertifClerkt\voPOLICEST A TIONRes CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 3 ( - R~. --t- -; r---"_ -- :t ~- -~ -- -- - , , ~: - '. --~ ~ ~ 'fI '--; _." 10- D LJ ~ij--, -L V _'~; ~(_ ,] Meridian Parks & Recreation Winter Activity Guide 2000 New Class Prices December 6, 1999 DEe - 6 1999 CITY OF l~ilinl1Ju:L.'tJ Stock Investing Class Framing Crosstitch Projects Framing & Preserving Photos Pet Care Make-up Application Basics Mastering Manicures Home Decorating Basics $12 $42 $5 $5 $5 $5 $5 PLEASE NOTE: · The formula for establishing the class price is based on the hourly amount the instructors have requested to receive for teaching as well as any supplies and equipment costs. An additional 20% is added by Meridian Parks & Recreation for administrative costs. . "Care Enough to Share" financial assistance is available for qualified children in grades K-6. Application forms are available at the Parks & Recreation Office. . Additions or deletions may be made to this list until Friday, December 17, 1999. ( MERIDIAN CITY COUNCIL MEETING: DECEMBER 7, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 1 ~~-- L REQUEST: CHIEF GORDON - VEHICLE QUOTES 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: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( { MERIDIAN POLICE DEP ARTMIEN1r W. L. "BILL" GORDON Chief of Police PHONE: (208) 888-6678 FAX: (208) 884-5077 a\ l\~ \( \\\4, November 29, 1999 TO: Mayor Robert Corrie and Council FROM: W. L. "Bill" Gordon, Chief of Police RE: 2 New Police Vehicles (Replacement) Chevrolet has reentered the police vehicle market with the, ~pala V -6, front wheel drive. ,. The Impala has the same horsepower as the Ford V -8, and is $1,461.57 less than the Ford. Chevrolet let Meridian Police Department test drive one, and the officers would like to test one for a year. I have obtained quotes on (1) one Ford Crown Victoria and (1) one Chevrolet Impala totaling $40,764.43. (See attached) I also agree with Lieutenant Fuchs and believe that we should stay local, Meridian Ford and Roundtree Chevrolet. 201 Eas t Idaho Street Meridian, Idaho 83642 Meridian Police Department Inter- Office Memo Date: To: From: Re: November 29, 1999 Captain Musser Lieutenant Fuchs Vehicle Purchase Recommendation Q ll/~9/91 i~ /l , J\ e.v~(/ flkv \ a~ 'V :;p ~o Bill, Since I gave you recommendations on the purchase of the new patrol vehicles, I been thinking that going with the two low bids maybe lower in cost in the short run, but higher in cost in the long run. There is a difference of only $84.25 between Meridian Ford and Dan Wiebold Ford. It takes about 45 minutes longer combined to travel to Dan Wiebold Ford than to Meridian Ford. That is about 3 trips before the $84.25 savings are used up. The cost of two officers taking the vehicle over to Dan Wiebold Ford. As for the difference between Edmark Chevrolet and Rountree Chevrolet it is $153.43. This would take about 6 trips before the savings are used up. Though the initial cost of purchasing the vehicles through Dan Wiebold Ford and Edma,rk Chevrolet is cheaper in the long run I believe that it will cost the City Of Meridian more. I would recommend that the Chevrolet Impala be purchased at Roundtree Chevrolet for $19,651.43, and the Ford Crown Victoria be purchased at Meridian Ford for $21,113.00. This is for a total price of$40,764.43. MERIDIAN CITY COUNCIL MEETING: DECEMBER 7, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 19t--2 REQUEST: CHIEF GORDON - SKEMATIC DRAWING QUOTES FOR NEW POLICE STATION 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: NAMPA MERIDIAN IRRIGATION: ~7 )\ Q,.if ~ )f/ C~. d}v. n/ r ~/g/ ,t fJV V oJff Vg1r' MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. i r' . \ ( rC ,( MERIDIAN POLICE DEPARTMENT INTER-OFFICE MEMO -- November 30,1999 TO: Mayor Robert Corrie and Council FROM: w. L. "Bill" Gordon, Chief of Police RE: New Police Building The first step after purchasing the land is to have an architectural firm provide a verification of needs assessment study and a schematic design done. I have contacted (4) four architectural firms and asked for quotes, (3) three are local and (1) one is located in Portland and does work in Idaho through CSHQA in Boise. 1. ZGA Architects and Planners - Hourly, not to exceed $24,300.00 2. H.D.N. Architects - Fixed, $12,500.00 3. Ronald Thurber and Associates - Fixed $20,750.00 4. Lombard-Conrad Architects - Hourly, not to exceed $10,000.00 MERIDIAN CITY COUNCIL MEETING: DECEMBER 7, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 18C-3 REQUEST: CHIEF GORDON - POLICE GRANT 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: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: NAMPA MERIDIAN IRRIGATION: ort CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. April 1 71 2000 MERIDIAN CITY COUNCIL MEETING April 181 2000 APPLICANT Police Department - Chief Gordon Department Report REQUEST Wages ITEM NO. 1 Q-C-3 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: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: \ 'l~~ r~V INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: /' y , f~ tv /l~ p . Materials presented at public meetings shall become property of the City of Meridian. ( MERIDIAN CITY COUNCil MEETING: DECEMBER 7, 1999 APPLICANT: AGENDA ITEM NUMBER: REQUEST: 1999-2000 FISCAL YEAR CAPITAL OUTLAY DISTRIBUnON l1 AGENCY COMMENTS CITY CLERK: SEE ATTACHED INFORMATION CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: f)~ OIff CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Audite Repo FY 95 Audited Report FY 96 Audited Repo FY 97 Audited Repo FY 98 Not Audited FY 99 FY 2000 ( ! 12/02/1999 CITY OF MERIDIAN GENERAL FUND CAPITAL EXPENSE REPORT - 5 Years Comparison of Budget versus Actual Dollars Expended GENERAL HUMAN TOTAL d ADMIN. GOVNMT LEGAL ACCTNG MAYOR RESOURC POLICE FIRE PARKS { 0/0 of Total Budget 70/0 00/0 00/0 00/0 00/0 00/0 1% 8% 840/0 1000/0 Budget 135,000 0 0 0 0 0 30,000 165,000 1,715,200 2,O45~200 Actual Expended 60,693 0 0 0 0 0 78f659 90,138 1 ;231,108 1,460,598 Ok of Actual Budget 30/0 00/0 OOk 00;'0 0% 00/0 40/0 40/0 600/0 710/0 { 0/0 of Total Budget 13% 00;'0 00/0 00/0 00/0 00/0 30/0 1 00/0 740/0 1000/0 Budget 221,512 0 0 0 0 0 45,280 165,000 1,257,400 1;6891192 Actual Expended 13,742 0 0 0 0 0 78,234 113,229 352,704 557,909 % of Actual Budget 10/0 00/0 0% 00/0 00/0 00/0 50;'0 7% 210/0 330/0 { % of Total Budget 300/0 00/0 1% 00/0 00/0 00/0 160/0 70/0 470/0 1000/0 B udget( after amend) 392,593 0 16,280 0 0 0 205,000 90,000 614,000 1,317,873 Actual Expended 12,141 0 25,009 0 0 0 240,069 63,917 164,565 505,701 0/0 of Actual Budget 10/0 00/0 2% 00/0 00/0 00/0 180/0 50/0 120/0 380/0 rtr 0/0 of Total Budget 2% 10/0 20/0 0% 00/0 00/0 50/0 170/0 740/0 1000/0 Budget(after amend) 35,000 24,000 30,631 0 0 0 100,808 340,000 1 ,511 ,400 2,041,839 L Actual Expended 22,004 20,000 1.2,317 0 0 0 280,474 222,667 703,745 1,261,207 0;'0 of Actual Budget 10/0 10/0 10/0 00/0 00/0 0% 140/0 110/0 340/0 620/0 J 0/0 of Total Budget 40/0 10/0 0% 00/0 0% 0% 8% 470/0 400/0 1000/0 Budget(after amend) 100,000 17,000 0 0 0 5,000 199,740 1,135,000 978,498 2,435,238 L Actual Expended 63,41 0 8,816 0 0 2,941 2,967 207,183 958,008 592,925 1,836,250 0/0 of Actual Budget 3% 00/0 0% 00/0 00/0 00/0 90;'0 390;'0 240/0 750/0 *Note: FY99 actual numbers reflect up through 9/30/99, 12 months of our fiscal year. 1999 information has not been audited. Proposed Capital GENERAL HUMAN TOTAL ADMIN. GOVNMT LEGAL ACCTNG MAYOR RESOURC POLICE FtRE. PARKS 0/0 of Total Budget NA 00/0 00/0 500/0 l3% 320/0 950/0 Proposed Budget 102,000 Legal with 2,000 0 0 1,000,000 260,000 636,000 2,000,000 (Fire Bldg) Admin. (2 desks) (nothing) (no amount) (Iand-2cars) _ 946JOOO 946,000 Total Capital: 2,946,000 *Fire pep! CapItal was approved City Council set aside $2,000,000 plus $946,000 (Fire) for Capital Outaly Expense 2,946,000 Total MERIDIAN CITY COUNCil MEETING: DECEMBER 7, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 180- 1 REQUEST: MAYOR CORRIE - SENIOR CmZEN CENTER 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: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: DECEMBER 7, 1999 AGENDA ITEM NUMBER: v APPLICANT: REQUEST: ENGINEERING AGREEMENT - "NO NAME SEWER TRUNK" AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: ~ ~ ['If f SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Memorandum RECEIVE::~ DEe 0 L 1999 MAYORS ,OFFICE 'c'lTy"-()F-,.:Mjt:'RIUIAN':;::::':":' To: Mayor Corrie cc: file From: Gary Smith Date: 12/02199 Re: Engineering Agreement - "No-Name Sewer Trunk" Mayor: I would appreciate it if you could place this item on the agenda for the December ~ City Council meeting f(?f Council review and action. This engineering agreement will provide plans and specifications for cons~@:9r of this sewer trunk line to service property bounded by Ten Mile Road, Ustick Road, - -'., "..-. .__ , __._ .. "1" ,,,._.. McMiJlarf:g.q~i;f~nd Locust Grove Road. 0.." "_. ,. _._...,.._.... , . ,-- , ,."". . .._, .... - - ,--.,- ,_. ,.. _~, ..... _.__ n, - - .,-, .~....,'~ .- , Keller A~~~~~.$;<of Meridian, Idaho, was selected by your Public Works Department to do this work , - -.- . --,_., "...., . after wetl~~::_~~~ proposals from four engineering firms that had responded to our "Request for _, ___. .,. .--_..0 _ I, ,,_ , ,-. -......-.--. .--. - . .... ". -.-- -' - -- - '" Proposal$2.~-.)~eller Associates has been doing most of the engineering work for expansion of our --, - .. .- , , .. wastew~~~r:.tt-eatment plant and has been doing a good job for us. They have been very responsive and have been easy to work with. This is a part of a previously budgeted item. Suaaested Council Action: "Approve of the engineering agreement with Keller Associates of Meridian, Idaho, for preparation of construction plans and specifications for the construction of the "No-Name Sewer Trunk" project that is generally situated from Ten Mile Road to Locust Grove Road, between Ustick Road and McMillan Road, in the amount of $68,984 (Lump sum) and $91,488 (Time and Material Estimate) and to authorize Mayor Corrie to sign the agreement and City Clerk to attest." Thank you, Gary 1 ,( AGREEMENT FOR ENGINEERING SERVICES In Association witfl Design and Construction of No Name Trunk Line Project KELLER ASSOCIATES, INC. This Agreement is made and entered into between the City of Meridian, Idaho (herein called OWNER) and Keller Associates, Inca (herein called CONSULTANT) this _ day of December, 1999. In consideration of the mutual promises herein contained, the OWNER and the CONSULTANT agree as follows: 1 a Scope of Services During. the terms of this Agreement, CONSULTANT shall furnish to the OWNER, Design Engineering services as set forth in Section 2 of Attachment A, attached hereto, and made a part hereof Such services shall be performed by individuals as employees of CONSULTANT, an independent Contractor, and not as employees of the OWNER. 2. Period of Aoreement The Agreement shall commence on the first above written date and terminate upon completion of construction. 3a Payment Rates and Billina 3.1 As compensation for Design and Construction Engineering Services to be performed by CONSULTANT, the OWNER will pay CONSULTANT the amount set forth in Section 3 of Attachment A attached heretoa OWNER shall not have any liability for any other expenses or costs incurred by CONSULTANT, unless otherwise provided in the Attachment or authorized by the OWNERa 3a2 CONSULTANT shall keep accurate records of the time expended. Payment for services performed by CONSULTANT shall be made at the end of each month upon the submission by CONSULTANT of invoices or time statements to the OWNERa Invoices submitted by CONSUL TANTwill: A. Accurately describe services rendered during the invoice period,. including respective dates of performance and any reports submitt~d. 8. Identify any other authorized expense incurred hereunder; and c. Make reference to this Agreement (Keller Associates' project number) or otherwise identify the invoice in such a manner as the OWNER may reasonably requirea 19906211/99-668 be 102299 Pag.e 1 3.3 The CONSULTANT shall not take any action hereunder which could cause the amount for which OWNER would be obligated to CONSULTANT to exceed the sum of the fees defined in the Attachment provided, however, that this sum may be increased or decreased from time to time by the OWNER in writing if extra work is required or the scope of work is adjusted for any reason.. For other than lump sum (fixed fee) agreements, CONSULTANT shall advise the OWNER in writing when costs incurred under this Agreement are equal to seventy-five percent (75%) of the aforesaid sum. 4. Data CONSULTANT agrees that all data and information such as designs, drawings, reports, blueprints, and the like generated in the performance of this Agreement and data and information which are specific to be delivered or which are, in fact, delivered pursuant to this Agreemen~ shall be and remain the sole property of OWNER. CONSULTANT shall deliver all . data and information to the OWNER upon OWNER's request, and shall be fully responsible for the care - and protection thereof until such delivery. Except as otherwise provided in this Agreement, said documents sh'all be delivered to OWNER without additional costs to OWNER. 5. Termination The OWNER and CONSULTANT may terminate this Agreement in whole or in part at any time be giving 30 days written notice thereof. Upon said termination, CONSULTANT will be reimbursed for that portion of the work satisfactorily completed prior to termination and shall be entitled to reasonable damages. 6. Chanqes The OWNER, within the general scope of this Agreement, may at any time, by written notice to CONSULTANT, issue additional instructions, require additional services, or direct the omission of services covered by this Agreement. In such event, there will be made an equitable adjustment in price and time of performance, but any claim by either party for such an adjustment must be made within thirty (30) days of the receipt of said written notice. 7. Compliance with Laws To the extent applicable hereto, CONSULTANT shall in the performance of this Agreement comply with all Federal, State, and local laws, all regulations and orders issued under any applicable law, and all State regulations. 8. Standards All services hereunder shall be performed by employees or agents of CONSULTANT who are experienced and highly skilled in their professions and in accordance with the standards of workmanship in their professions. CONSULTANT warrants that its findings, recommendations, and professional advice shall be based on practices and procedures customarily used in its 199062/1/99-668 be 102299 Page 2 profession and asserts it will employ the current state-of-the-art and accepted standard industry practice in performing the services defined herein. 9. Records The OWNER and, it the services are to be performed hereunder relate to a Federal or State Government Contract, the Comptroller General ot the United States, and the Department or Agency of the Government having cognizance over said prime Contract, and any of their duly authorized representatives', shalf, until the expiration of 3 years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions related to this Agreement 10. Gratuities CONSULTANT warrants that neither 'it nor any of its employees, agents, or representatives has offered or given any gratuities to OWNER's employees, agents, or representatives with a view toward securing this Agreement or securing favorable treatment with respect thereto. 11. Insurance CONSULTANT shall provide professional liability indemnification to protect the OWNER and granting agencies from CONSULTANTs negligent acts and errors of omission of a professional nature. 12. Owner Furnished Services The following services would be provided by the OWNER in completion of this project: a. Provide access to relevant record drawings, master plans, county GIS mapping, base mapping with contours in AutoCAD and other relevant information of record. b. Execute and pay for all necessary right-at-way or easements for construction. Provide assistance and review during the appraisal and negotiation process. c. Provide horizontal and vertical datum information. d. Provide fulltime inspection services and all other services not included in Keller Associates Scope of Work unless additional services are requested of Keller Associates by the City at an increase in cost. 199062/1/99-668 be 102299 Page 3 In Witness Whereof, the parties hereto have executed this Agreement as of the date first above written. CLIENT: CITY OF MERIDIAN CONSUL T!,NT: KELLER ASSOCIATES, INC. Robert D. Corrie By: ~ivA IJames L. Ke ler By: Title: Mavor Title: President Attested: William G. Sera Jr. Attested: Dennis M. Suihkonen By: By: G~ S<J~ Title: City Clerk Title: Proiect Manaaer Approved By City Council: Date: 199062/1/99-668 be 102299 Page 4 October 20,1999 ATTACHMENT "A" AGREEMENT FOR CIVIL ENGINEERING SEl{VICES 1999 NO NAME TRUNK - TENMILE TO LOCUST GROVE CITY PROJECT NO. SECTION 1 Owner Information and ResDonsibilities:. The following data and/or services are to be provided by the OWNER without cost to the CONSULTANT. A. Provide ongoing review of the CONSULTANT work and timely consideration of policy issues at a time acceptable to both the OWNER and CONSULTANT. B. Provide access to relevant record drawings, master plans, county GIS mapping, base mapping with contours in AutoCAD and other relevant information of record. c. Execute and pay for all necessary right-of-way or easements for construction.. Provide assistance and review during the appraisal and negotiation process. Set ground rules for negotiations. D. Construction staking. E. Mail a flyer, prepared by CONSULTANT, to the adjoining landowners informing them of the . project and seek permission of access for the CONSULTANT to perform work. F. Provide pipe sizes for sewers stubbed out to service areas. The proposed trunk: will vary from 24 inches to 8 inches in diameter and will be approximately 15,700 feet long. G. Review and execute any necessary agency developed agreements with the owner of irrigation/drainage facilities, if needed. H. Review and execute necessary agency developed agreements related to utility crossing of ACHD controlled right-of-way. CONSULTANT will provide work related to legal descriptions and maps. 199062/]/99-66 I 1 r - \, October 20, 1999 SECTION 2 Preliminary Alignment Services to be Performed by the CONSULTANT: The CONSULTANT shall furnish services specifically limited to the following: 2.1 Project Dodates Throughout the length of the project, the CONSULTANT will submit a monthly progress report that includes a current invoice, a description of the completed tasks, estimate of percent completion, and other relevant information related to the project schedule. 2.2 Aerial Photos Using existing contact prints, order one set of aerial photos for the project area to be developed at an approximate scale of 1" = 1 00' to 1" = 200'. Aerials can be used in project planning, environmental efforts, and presentation during meeting with property owners. These photos will not be rectified and will not include contours. 2.3 Spot Elevation Survey Perform spot elevation survey within project area generally bounded by Ten Mile Road, Locust Grove Road, Ustick Road and McMillian Road. The intent of this survey is to supplement the contour mapping provided by the City and to confirm elevations that may be needed in the Preliminary Alignment analyses. This work does not include a full topographic survey. 2.4 Review Preliminary Ali€!nment Using GIS mapping provided by the City, existing contour mapping, spot elevation data, and findings from the Preliminary Site Survey and Wetland Assessment, review the preliminary horizontal alignment for the trunk line. No vertical profiles will be developed at this time, except sanitary sewer depths will be estimated at key locations. Meet with City to review concept and get concurrence. 2.5 Initial Property Owner Contacts Make initial contact with property owners to review preliminary alignment and request donation of easement to the City. Seek input, comments, and concerns from property owners. Have property owners sign a permission letter to access property. Document results. 2.6 Meridian Review Meet with the City to review the findings of the preliminary alignment review and property owner contacts. Make decisions regarding changes related to the preliminary alignment. 2.7 Revise Preliminary Alignment Revise the preliminary horizontal alignment. 2.8 Second Property Owner Contacts Make second contacts with property owners to review the revised alignment. Seek input, comments, and concerns. Document results to City and property ownersa 199062/ 1 /99-661 2 October 20,1999 2.9 Agency Coordination Coordinate with ACHD, Nampa Meridian Irrigation District, Idaho Fish and Game and Utility companies. Write a letter to confirm findings and initiate the process to develop an agreement, if needed, with the agency. The City will review and execute any necessary agency agreements. 2.10 Bureau of Reclamation Coordination Contact the Bureau of Reclamation to research and confirm ownership of the No Name Drain. Meet with the No Name Drain responsible party (if there is any) to review the proposed project. Write a letter to confirm findings and initiate the process to develop an agreement with the agency and Meridian. The City will review and execute any necessary agreements. 2.11 Select Alignment Compile property owner comments and meet with the City to review project status. Make selection of preferred alignment and issue a notice to proceed with other design tasks. Easement Acquisition Services to be Performed bv the CONSULTANT: The anticipated scope involves work related to 14 parcels. This scope is based on one half of parcels donating the easement to the City. The CONSULTANT shall furnish services specifically limited to the following: 2.12 Title Reports Based on the preferred and selected alignment, order Title Reports for all affected properties from a title company. 2.13 Parcel Map Develop a parcel base map showing parcel boundaries and right-of-way for the project. Incorporate design work developed as part of the Final Design Section of this scope. 2.14 Legal Descriptions & Maps Using City standards related to easement width requirements, refine easement requirements for the trunk: line. Write metes and bounds legal descriptions for the easements. Develop a map in AutoCAD to serve as an attachment to the legal descriptions. 2.15 Appraisals This work will not begin until the City has approved the alignment and sufficient work has been completed to accurately define the final alignment. Perform property appraisals for all non- donated parcels using the Short Form Summary (2288 Format). Work will be performed by an Idaho State Certified Real Estate Appraiser. 2.16 Market Data Book Upon appraisal completion, prepare a Market Data Supplement Book. 2.17 Negotiations A City approved negotiator will perform this work. Meet with City to establish ground rules and special requirements. Negotiator will call upon property owners to negotiate easement. If after a 199062/ 1/99-661 3 October 20, 1999 minimum of four calls a settlement cannot be reached, negotiator will report to Meridian City with special concerns and receive direction. Work anticipated for 7 parcels. 2.18 Easement Contract Forms Complete an Easement form for each parcel. Include special conditions or requirements of the contract and attach legal description and map. Submit package to City. City will proceed with . execution of the contract, make payments, and execution and recording of the formal "Grant of Easement" . Environmental Services to be Performed by the CONSULTANT: Tasks 2.19 through 2.22 will begin immediately. The CONSULTANT shall furnish services specifically limited to the following: 2.19 Agency Contacts Make preliminary contacts with appropriate natural resource regulatory a~encies such as the US Army Corps of Engineers (USACOE), the Idaho Department ofFish and Game (IDF&G), the Idaho Division of Environmental Quality (IDEQ), and the Idaho Department of Water Resources (IDWR). Obtain wetland and other related natural resource information for the site. Identify critical issues or other agency topics of concern, if any. 2.20 Data Collection Gather the following preparatory data, as applicable: A. USGS topographic maps, B. National Wetland Inventory (NWI) maps, C. Natural Resource Conservation Service (NRCS) soil surveys, D. aerial photographs of the project area, E. site survey plans and engineering designs, F. stream flow data, if available, G. documents and maps, as appropriate, from the City of Meridian or other agencies. 2.21 Preliminary Site Survey & Wetland Assessment The intent of this task is to determine if the project impacts wetlands and determine if these wetlands are classified jurisdictional wetlands under Section 404 of the Clean Water Act. Walk site with Greg Martinez of the Army Corps of Engineers. This scope of work is based on not having any jurisdictional wetlands in the project area. If jurisdictional wetlands are determined, delineation and mitigation plan would be covered under Additional Services. 2.22 Environmental Proiect Management Project Management, correspondence, meeting and record keeping. Desi!!D Services to be Performed bv the CONSULTANT: The CONSULTANT shall furnish services specifically limited to the following: 199062/ 1/99-661 4 October .20,1999 2.23 Pre-Design Meeting The CONSULTANT shall attend a meeting with the OWNER for the purposes of obtaining project information and to receive any general direction the OWNER may have with respect to proceeding with the project. 2.24 Utility Research The CONSULTANT shall contact and receive utility information from affected utilities including, but not limited to, gas, power, telephone, storm drainage, cable T.V., irrigation, and other utilities which may be affected by the proposed construction. The CONSULTANT will use "Dig-Line" to verify utility line locations. Actual field pot-holing will not be part of this agreement, unless added as a necessary additional service by OWNER written approval. 2.25 Design The CONSULTANT shall be responsible for preparing the design in conformance with local agencies' policies including ACHD, shall be responsible for consideration of traffic access, pipeline grades necessary to service surrounding service area and buildings, compliance with separation from water lines and wells in conformance with the State Drinking Water Act, and other items necessary for proper construction of the project. 2.26 Pipe Analvsis The CONSULTANT shall analyze different pipe available for use in construction. Evaluate different pipe based on: material, cost of pipe, installation cost and maintenance. Submit recommendation to the City. 2.27 Note Reduction.. Mapping & Design Drafting The CONSULTANT shall perform topographical survey data, mapping and design drafting in an AutoCAD format Version 14.0. The scale of the drawings shall be I" = 20' or }" = 50' horizontal, and 1" = 5' vertical, and shall include Meridian City standard notes, vicinity maps, sheet indexes, north arrows, and bar scales. The design drawing shall utilize the ISPWC standard symbols and shall identify pipe size and type, pipe slope, invert elevations, surface repair required, adjacent property addresses, property lines, right-of-way, street names, elevation benchmarks, survey control, topographic features, utilities, and any special details necessary for a high quality, bidable project. The drafting shall be performed on a 22" x 34" vellum~ 2.28 Specifications and Contract Documents Specifications and Contract Documents shall be in accordance with the 1999 Idaho Standard Public Works Construction (ISPWC) format and Meridian City revisions thereof. The CONSUL T ANT shall be responsible for preparing plans and specification for bidding. 2.29 Plan Review Upon 75% completion of the plans and specifications, the CONSULTANT shall submit review sets of plans to all affected utilities, ACHD, DEQ and three sets for the OWNER's review and comments. 2.30 Revisions The CONSULTANT shall incorporate all revisions as suggested by the OWNER and the utilities in the final set of plans and specifications. 199062/1/99-661 5 October 20,1999 2.31 Deliverables to the City Deliverables shall include 30 sets of plan and. specification packages. 2.32 Opinion of Probable Cost The CONSULTANT shall prepare an opinion of probable construction costs at two different times during the project. Near the conclusion of preliminary design an opinion of probable cost will be developed for each alternative alignment under consideration in the preliminary design process. These estimates will be presented to the O\VNER during the final selection alignment meeting. These preliminary opinions of probable cost will include probable cost estimates only for any alignments still under consideration at the time. The opinion of probable cost for the final selected pipeline alignment will be updated to include easement acquisition and environmental mitigation costs once final property owner contacts and appraisals have been completed. A final design opinion of probable costs will also be prepared that will include all land acquisition, right-of-way, easement, and pipeline construction costs. This final design opinion of probable cost will be modified during the bidding process to include just an opinion of probable construction cost which will be used for evaluating the contractor bids. Construction Assistance Senrices to be Performed by the CONSULTANT: Items 2.33 through 2.39 will be performed by the CONSULTANT if requested by the OWNER. 2.33 Pre-Bid., Bid and Award The CONSULTANT shall attend pre-bid meeting and walk through, answer all technical questions referred to the CONSULTANT by the City relating to the project during the bid and award process. 2.34 Addenda When requested by the OWNER, the CONSULTANT shall prepare addenda as necessary during the bid process to clarify bidding requirements. The City will distribute addenda as required. 2.35 Pre-Construction Conference The CONSULTANT shall attend a pre-construction conference for this project. The City shall make all of the necessary arrangements for time, date, and place. 2.36 Construction Review The CONSULTANT shall be available for construction review and technical consultation as requested by the OWNER while the project is being constructed. Attend weekly review meetings for project cost, schedules, problems and tour project site. This work is based on a four month construction period. 2.37 Shop Drawing Revie~ When requested by the O\VNER, the CONSULTANT shall be responsible for any necessary shop drawing reviews for the project. 2.38 Change Orders When requested by the OWNER, the CONSULTANT shall participate in the negotiation and preparation for any necessary change orders for the project. 199062/ 1/99-661 6 ( . ( October 20,1999 2.39 Record Drawings The CONSULTANT shall prepare final record drawings documenting all manhole locations, and elevations of manhole rings and inverts and any other documented plan changes that were made during the construction process. TOD02:raphic and Design Survey to be Performed bv the CONSULTANT: The Consultant shall furnish services specifically limited to the following: 2.40 Monument Replacement The CONSULTANT shall reference on the map and tie down the location of all found monuments. If monuments are disturbed during construction, the CONSULTANT shall replace said monuments to their referenced position. 2.41 Monument.. Record Map~ and Benchmark Research The CONSULTANT shall research the Ada County Surveyor's records for survey monuments for the purpose of horizontal control for the project. The CONSULTANT will locate in' the field monuments of record which may be disrupted as a part of the construction. The CONSULTANT shall reference these monuments on the Construction Plans provided to the City. The vertical and horizontal datum shall be the same as shown on the City of Meridian 1998 Master Plan Update (NA VD 88 Datum). 2.42 Topographic Survey The CONSULTANT shall perform a topographic survey along the preferred and selected alignment; generally east from Ten Mile Road between Ustick and McMillan generally along a no name drain to Locust Grove Road. The survey shall locate all relevant features necessary for a proper design of the project. As a minimum, all items shall be located within 50 feet of the proposed alignment. These items shall include wells, streets, outlines of buildings, significant vegetation, sidewalks, driveways, utilities, building finish floor elevations, ditches, drainage ways, trees, centerline elevations, and shall also include a search for monuments of record and a physical survey of monuments that are found. 2.43 Construction Survey Co~~ol The CONSULTANT shall set temporary benchmarks (TBM' s) and horizontal control points at 500' intervals along the alignment of the project. TBM's and horizontal control points shall be delineated on the fmal Construction Plans provided to the City. Project Schedule for the CONSULTANT: 2.44 Schedule The project schedule is based on construction ending 12/3/00. This schedule is contingent upon the success of acquiring easements, receiving the environmental approvals (if needed), timely reviews by the City, ACHD, DEQ and Utilities. If at any time during project performance the CONSUL T ANT expects difficulty in meeting the schedule, the CONSULTANT must notify the City in writing regarding anticipated schedule delays and specific tasks that are causing the delays. The CONSULTANT and City shall meet to discuss overall project impacts, negotiate contract schedule extensions, and determine the proper course of action. 199062/ 1 /99-661 7 .. Start Date · 75% Review Plans . Final Plans . Advertise Project . Open Bids · Award Bid · Begin Construction · End Construction 199062/1/99-661 12/15/99 5/1/00 6/19/00 6/22/00 7/19/00 7/29/00 8/3/00 12/3/00 r ( October 20,1999 8 October 20,1999 SECTION 3 Basis of Fee and Billing Schedule The OWNER shall pay CONSULTANT for its services and reimbursable expenses as follows: Preliminary Alignment Services Items 2.1 through 2.11, on a time and materials basis estimated at $ 21,870.40 Easement Acquisition Services Items 2.12 through 2.18, on a time and materials basis estimated at $ 24,080.40 Environmental Services Items 2.19 through 2.22, on a time and materials basis estimated at $ 1,826.00 Design Services Items 2.23 through 2.31, on a lump sum basis of $ 68,984.00 Construction Assistance Services Items 2.32 through 2.37, on a time and materials basis estimated at $ 23,580.00 Topographic and Design Survey Item 2.38 through 2.41, on a time and materials basis estimated at $ 20,132.00 TOTAL ESTIMATED CONTRACT AMOUNT: $ 160,472.80 For all services to be paid by the OWNER to the CONSULTANT for work completed on a time and materials basis, the CONSULTANT shall be paid for each hour each assigned employee works on the project in accordance with the attached Title Code Billing Rate schedule. The Title Code Billing Rates attached include all costs for direct labor, indirect labor, travel costs within the Meridian area, vehicles, surveying equipment, computer hardware and software, and markup for profit. These Title Code Billing Rates shall remain in place during the course of the project unless billing rate changes are specifically approved in writing by the OWNER. All reimbursable expenses shall be paid at the direct reimbursable expense cost times a multiplier of 1.0. Reimbursable expenses shall include subconsultants, travel outside of the Meridian area, equipment rental costs and plan and specification reproduction costs over and above 20 sets of plans and specifications and any charges required from JUB, aerial companies, the county or city in association with obtaining survey control and/or GIS data. 199062/1/99-66 ] 9 Personnel Principal: Project Managers: Chief Engineer: Electrical Engineer Project Engineers: Designers: T echnicians/Inspection Drafting Clerical Two-Man Survey Crew Three-Man Survey Crew Nuclear Densometer Testing Mileage Cost 199062/1/99-661 KELLER ASSOCIATES, INC. TITLE CODE BILLING RATES January 1, 2000 Jim Keller, P .E. Dennis Suihkonen, P .E. Rod Linja, P .E. David Kinzer, P.E. Rosemary Regner, P .E. Donn Carnahan, P .E. Mike Ward, P .E. James Bledsoe, E.I.T. Mike Anderson, E.I.T. Jay Walker, E.I.T. J eny Thornton Ian Crane 10 October 20,1999 Hourly Rate $97.00 $92.00 $92.00 $92.00 $60.00 $75.00 $65.00 $55.00 $55.00 $55.00 $54.00 $48.00 $45.00 $45.00 $40.00 $85.00 $105.00 $10/hr. $O.28/mile /,- I \ ROBERT D. CORRIE Mayor CITY OF MERIDIAN PUBLIC WORKS / BUILDING DEPARTMENT COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD GARY D. SMITH, P.E. Public Works Director December 9,1999 Mr. Jim Keller, PE Keller Associates, Inc. 131 S.W. 5th Ave., Suite A Meridian, Idaho 83642 RECEIVED DEe 1 0 1999 CITY OF MERIDIAN RE: Engineering Agreement: "No-Name Sewer Trunk" Dear Jim: Here, for your files, is a fully executed copy of the engineering agreement for this project. Please consider this transmittal as your Notice to Proceed on this project. Thanks for your past support and I look forward to a successful project for you and for the City of Meridian. Gary mith, PE City Engineer Cc: file, City Clerk 200 East Carlton, Suite 100 · Meridian, Idaho 83642 Phone (208) 887-2211 · Fax (208) 887-1297 MERIDIAN CITY COUNCil MEETING: DECEMBER 7, 1999 APPLICANT: AGENDA ITEM NUMBER: w REQUEST: ENGINEERING AGREEMENT - FIVE MILE CREEK REUEF SEWER PROJECT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: ~ o;ffrrfJ SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: All Materials presented at public meetings shall become property of the City of Meridian. ( ( Memorandum :"~~ 'jEJVE D o 2 1999 To: Mayor Corrie file l\~ -;.~9 OFFICE CITY OF .MERIDIAN" cc: From: Gary Smith Date: 12/02199 Re: Engineering Agreement - Five Mile Creek Relief Sewer Project Mayor Corrie: Attached is a proposed engineering agreement for this project. I would appreciate it if you cou!~...place this item on the December tt' City Council agenda for Council review and approva(;j:f~~~~~~:~. ._..~.~.~.~~.~.~~~... ~......., ~. -.. ~....... ~....... +........ .... ~........ ~... ~.. ~....... ~. -......... This eng~_ll~Jtfrk will result in the preparation of plans and specifications to construct a parallel sanitary ~Ilff!~m~:along portions of the existing Five Mile Creek Sewer Trunk line that will be overloa~!l~1mtoear Mure. Generally, the project limits extend from the east side of Tully Park to Ten M ile Roads~~~(?~~~f~~ff:~:::~::' ........-.............~...~......................... ._...._...~~I.U........... -..........+....~~ ~... ~. - ~ ~~ ~.. _..~..... ~. ~ Your Put}fic=Works Department selected JUS EngineersJ Inc., Boise, Idaho, to design this project after we advertised for "Reque~ for Proposals" to the engineering community. Four consulting engineering finns submitted qualification packages for our consideration. Suaaested Cou~cil Action: "Approve of the Engineering Agreement with JUS Engineers, Inc. of Boise, Idaho for preparation of construction plans and specifications for the construction of a relief sanitary sewer line along portions of the existing Five Mile Creek Sewer Trunk line, generally from Tully Park to Ten Mile Road, in the amount of $73,486 (Lump Sum) and $36,955 (Time and Materials) and to authorize MayorConie and City Clerk Berg to sign the Agreement." Gary 1 ~ ("" J.U-8 ~ .~ En!Kincent Surveyon PlanncMI J-r.-B ENGINEERS,C--nc. AGREEMENT FOR PROFESSIONAL SERVICES PHK 096 J..U-B Project No.: 11616 THIS AGREEMENT entered into this _ day of November, 1999, between City of Meridian hereinafter referred to as the .CLIEN"P and J-U-B ENGINEERS, Inc., an Idaho corporation of Boise, Idaho, hereinafter referred to as · J-U..S ., WITNESSETH: WHEREAS, the CLIENT intends to construct Five Mile Relief Sewer outlined in Attachment 'A'. Section 1.1, hereinafter referred to as the PROJECT; NOW, THEREFORE, the CLIENT and J-U-B in consideration of their mutual covenants herein agree in respect as set forth below, CLIENT INFORMATION AND RESPONSIBIUTIES The CUENT will provide to J..U-B all criteria and full infonnation as to CLIENTs requirements for the Project, including design objectives and constraints, space, capacity and perfonnance requirements, flexibility and expandability, and any budgetary limitations; and fumish copies of all design and construction standards which CLIENT will require to be included in the Drawings and Specifications. The CLIENT will fumish to J-U-B, as required for perfonnance of J-U-B 's services, data prepared by or services of others, if available, including, without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property descriptions; zoning, deed and other land use restrictions; and other speciaf data or consultations as may be available, all of which J-U-B may use and rely upon in perfonning services under this Agreement. The CLIENT 'Nill arrange for access to and make all provisions for J-U-B to enter upon public and private property as required for J-U-B to perform services under this Agreement. In addition, ~e CLIENT will furnish to J-U-B: As outlined in Attachment 'A'. SERVICES TO BE PERFORMED BY J-U-B J-U-B 'Nill (as outlined in Attachment 'A'. SCHEDULE OF SERVICES TO BE PERFORMED J-U-B 'Nill perfonn said services as follo'NS: In a timely manner. BASIS OF FEE AND BILUNG SCHEDULE The CLIENT will pay J-U-B for their services and reimbursable expenses as follo'NS: Refer to Section 7 of Attachment 'A'. Rle FoIderliUe MERIDIAN. CITY OF - Five Mile Relief Sewer Proiect Remarks: The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: J-U-B: CITY OF MERIDIAN NAME 200 E. Carlton, Suite 100 STREET Meridian CITY 10 83642 STATE ZIP CODE 250 South Beech\YOOd, Suite 201 STREET ~OO~ C STATE ZIP CODE _/ ??/~~ -f5Y (Si nature) , George L. Wagner, P.E. Vice President NAME TITLE BY (Signature) Robert D. Corrie NAME tvtayor TITLE DISTRIBUTION: White ... J-U-B Corporate Ale Yellow - J-U-B Office File Pink - J-U-B Project File BY (Signature) NAME TITLE J-U-B -02 ( J-U-B ENGINEERS, Inc. TERMS AND CONDITIONS GENERAL J-U-B shafl provide for CLIENT professional engineering and/or land surveying services in all phases of the Project to which this Agreement appiies. These services will include serving as CLIENTs professionaf engineering or land surveying representative for the Project, providing professional consultation and advice in accordance with generally accepted professional practices for the intended use of the Project and makes no other WARRANTY EITHER EXPRESSED OR IMPUED. J-U-B shall not be responsible for acts or omissions of any party involved in the services covered by this Agreement other than their own or for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by J-U-B. J-U-B has not bee~ retained to supervise, direct or have control over Contractor(s) 'NOrk nor shall J-U-B have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contract6r(s), for safety precautions and programs incident to the YJOrk of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and perfonning their work. Accordingly, J-U-B can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor{s)' failure to furnish and perfonn their work in accordance 'Nith the Contract Documents. In soils investigation work and in detennining subsurface conditions for the Project, the characteristics may vary greatly between successive test points and sample intervals. J-U-B 'Nill coordinate this 'Nark in accordance 'Nith generally accepted practice of the professional services being provided and makes no other WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advice furnished by others. Resetting of survey and/or construction stakes shall constiMe extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST Since J-U-B has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor{s)' methods of determining prices, or over competitive bidding or market conditions, J-U-B's opinions of probable Total Project Costs and Construction Costs provided for herein are to be made on the basis of J-U-B's experience and qualifications and represent J-U-B's best judgment as an experienced and qualified professional engineer familiar with the construction industry; but J-U-B cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not varY from opinions of probable cost prepared by J4U-B. If the CLIENT 'Nishes greater assurance as to Total Project or Construction Costs, CLIENT shall employ an independent cost estimator. J-U-B's services to modify the Project to bring the Construction Costs within any limitation established by the CLIENT 'Nill be considered Additional Services and paid for as such by the CLIENT. REUSE OF DOCUMENTS All documents and magnetic media including Drawings and Specifications prepared or furnished by J-U-B pursuant to this Agreement are instruments of service in respect of the Project and J-U.B shall retain an ownership and property interest therein 'Nhether or not the Project is completed. Any .reuse 'Nithout written verification or adaptation by J-U-B for the specific purpose intended will be at CLIENTs sole risk and Vvithout liability or legal exposure to J-U-B and CLIENT shall indemnify and hold hannless J-U-B from all claims, damages, losses and expenses arising out of or resulting therefrom. CONTROLLING lAW This Agreement is to be governed by the law of the State of Idaho, principal place of business of J.U-B. SUCCESSORS AND ASSIGNS CLIENT and J-U.B each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and J-U-B are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives of such other party, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and J-U-B, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and J-U-B and not for the benefit of any other party. TIMES OF PAYMENTS J-U-B shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due J-U-B for services and expenses within ten (10) days after receipt of J-U-B's statement therefor, the amounts due J-U-B will be increased at the rate of 1 % per month from said tenth day, and in addition, J-U-B may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until J-U-B has been paid in full all amounts due for services, expenses and charges. TERMINATION The obligation to provide further services under this Agreement may be tenninated by either party upon thirty days' written notice in the event of substantial failure by the other party to perlorm in accordance \Vith the tenns hereof through no fault of the terminating party. If this Agreement is tenninated by either party, J-U-B will be paid for services rendered and for Reimbursable Expenses incurred to the date of such termination plus an allowance for demobilization costs as detennined by J-U-B. RISK ALLOCATION The CLIENT is aware of the risks, rewards, and benefits of the project and J-U-B's total fee for services. The risks are hereby allocated such that the CLIENT agrees that, to the fullest extent pennittecf by law, J-U-B's total liability to the CLIENT for all injuries, claims, expenses, damages or claims expenses arising out of this agreement from any cause, shall not exceed fifty percent of the amount of J-U-B's insurance covering such liability for services rendered on this Project or fees, whichever is greater, as of the date of this Agreement. Such causes include, but are not limited to, J-U-B1s negligence, errors, omissions, strict liability and breach of this Agreement. HAZARDOUS WASTE AND ASBESTOS In consideration of the unavailability of professional liability insurance for services involving or related to hazardous waste elements of this Agreement, or for the removal or encapsulation of asbestos, it is further agreed that the CLIENT shall indemnify and hold harmless J-U-B and their consultants, agents and employees from and against all claims, damages, losses and expenses direct and indirect, or consequential damages, including but not limited to fees and charges of attorneys and court, mediation or arbitration costs, arising out of or resulting from the performance of the work by J-U-B, or claims against J-U-B related to hazardous waste or asbestos activities. MEDIATION BEFORE UTJ'GATlON No action or lamuit shall commence nor recourse to a judicial forum be made (hereinafter -litigation-) until CLIENT, J-U-B, and/or other Parties of Real Interest have commenced, participated in and concluded nonbinding mediation, pursuant to the rules of mediation. LEGAL FEES In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the tenns and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses. including attorney's fees as may be set by the Court. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and J-U-B. J-U-B -02 I' ( A IT ACHMENT nAn AGREEMENT FOR CIVIL ENGINEERING SERVICES City of Meridian, Jdaho Five Mile Relief Sewer Project J-U-B ENGINEERS, Inc., Project No. 11616 SECTION 1 - PROJECT UNDERSTANDING 1 . Project Location and Description 1.1 Limits of the relief improvements to the Five Mile Trunk Project are identified in the 1998 Sewer Master Plan Update and generally described as follows: 1) The upstream reach is located north of NW 13th Street and continues downstream northwesterly to Linder Road. The reach ends immediately north of the intersection of Linder Road and the Five Mile Drain. 2) The second reach begins north of the Five Mile Drain, across from Tumble Creek Subdivision and continues northwesterly to Ten Mile Road. A diversion structure will be designed at Ten Mile Road with stub-outs to the west and north for future connection. 3) An additional trunk will be designed approximately 300 feet north of the Ten Mile intersection to the connection point with the No Name Sewer, which is designed by others. SECTION 2 - OWNER RESPONSIBiliTIES 2. Client Information and Responsibilities: The following data and/or services are to be provided by the OWNER without cost to the CONSULTANT. 2.1 Provide ongoing review of the CONSULTANT's work and timely consideration of policy issues within a time acceptable to both the OWNER and CONSULTANT. 2.2 Provide access to relevant record drawings, master plans, and other relevant information of record. 2.3 Provide pertinent design information on No Name Trunk Sewer, which is designed by others. This information shall be provided on the same vertical datum as this project. 2.4 Provide copies of existing sewer easements, license agreements, and other existing legal instruments that may exist on the Five Mile Trunk Sewer. Attachment 'A' Agreement for Civil Engineering Services City of Meridian - Five Mile Relief Sewer Project October 28, 1999 Page 2 2.5 Provide City personnel and equipment to field locate existing city facilities and other utilities that may represent a conflict to the proposed improvements. This may entail exploratory excavations to determine exact locations and depths of critical utilities prior to design. 2.6 Pay for all permits, fees, or other payments required to secure permitting for construction of the proposed improvements. 2.7 Provide copies of all existing City easements in the project area that may be relevant to the project. 2.8 Provide copies of all preliminary and final plats within the project area. 2.9 Mail a flyer to the adjoining landowners informing them of the project. 2.10 Assign City contact person to attend meetings with the Engineer, as required for agency coordination, easement negotiation, and to serve as private development liaison. 2.11 Pay for all costs associated with the acquisition of easements required to construct the project. 2.12 Identify locations of future collection sewer stub-outs. SECTION 3 - PRELIMINARY AND FINAL DESIGN 3. Services to be Performed bv the CONSULTANT: The CONSULTANT shall furnish services specifically limited to the following: 3. 1 Predesi'!n A. The CONSULTANT shall attend a predesign meeting with the OWNER for the purposes of obtaining project information and to receive any general direction the OWNER may have with respect to proceeding with the project. B. CONSULTANT will prepare preliminary alignment alternatives and preliminary cost estimates for the proposed relief sewer. 1. Alignment options will be developed from available Ada County mapping, field review and input from the OWNER. Attachment t A' Agreement for Civil Engineering Services City of Meridian - Five Mile Relief Sewer Project October 28, 1999 Page 3 2. Initial screening of the alternatives will be performed with the OWNER and opinions of cost developed for the selected alternatives. Screening considerations are anticipated to include minimizing disturbance of Five Mile Trunk Sewer and Five Mile Drain; optimizing boring lengths and excavation depths, implementability, reliability, availability of easements, etc. To rank alternative alignments, a preliminary evaluation on the availability of easements and identification of permitting issues will need to occur during this phase of the project. The CONSULTANT's work scope in conjunction with easement acquisition and permitting, is provided in a subsequent tasks under Section 6. 3 . CONSULTANT will meet with OWNER to select a final alignment. 3.2 Monument, Record Map, Benchmark Research, Ri'!ht.of-wav Research and Control The CONSULTANT shall research the Ada County Surveyor's records for survey monuments to aid in establishing horizontal control for the project. The CONSULTANTs previous horizontal control work completed for the OWNER, in 1998 Sewer Planning Project, and 1999 Waterline Projects will be utilized to the maximum extent feasible. The horizontal coordinate system will be translated to a common point in the 1983 Ada County G.I.S. system. The CONSULTANT will locate in the field monuments of record that may be disrupted as a part of construction. The CONSULTANT shall reference these monuments on the Construction Plans provided to the OWNER. In addition, the CONSULTANT shall depict on the construction plans, other monuments, or land corners that have adequate evidence of existing. Vertical control shall be based on the 1988 NA VD datum elevation. Research will be performed to generally identify rights-of.ways. The CONSULTANT shall set temporary benchmarks (T.B.M.s) and horizontal control points at 500-foot intervals along the alignment of the project required for proper construction control. TBM's and horizontal control points shall be delineated on the final Construction Plans provided to the OWNER. Attachment 'A' Agreement for Civil Engineering Services City of Meridian - Five Mile Relief Sewer Project October 28, 1999 Page 4 3.3 TODOQraohic Survey The CONSULTANT shall complete topographic surveys along the selected relief sewer routes. Limits of topographic survey are: 1) Generally, a 1 aD-foot wide strip of land will be surveyed with additional site survey as needed at diversion structures and boring locations. The survey shall locate all relevant features necessary for a proper design of the project. As a minimum, these items shall include topography features such as fences, utility poles, surfacing, culverts, drainage structures, significant vegetation, drain flowlines and top of bank elevations, sidewalks, curbs, gutters, driveways, utilities, edge of pavement, and shall also include a search for monuments of record, physical survey of monuments and property pins that are found. 3.4 Desi'!n A. Basic Design of Relief Sewer: The CONSULTANT shall be responsible for preparing the design in conformance with OWNER's and local agencies' policies including NMID and ACHD. CONSULTANT shall be responsible for design considerations such as minimizing disturbance to existing trunk sewer, constructability, minimizing impact to drain and vegetation, dewatering, traffic access, utility conflicts, and other items necessary for proper construction of the project. B. Design of Diversion Structures: The CONSULTANT shall design diversion structures to provide flow diversions capability as recommended in the 1998 Sewer Master Plan Update. The structures will incorporate flow control valves, or slide or weir gates. It is assumed that all components shall be manually controlled, and will not require any automated instrumentation or flow measurement devices. The CONSULTANT shall complete reinforced concrete design of the structure. C. Design of Drain Crossings: It is assumed that the drain crossings will be designed as horizontal bored crossings, and not as open trench. Therefore, no U.S. Army Corps 404 permitting will be required. Attachment 'A' Agreement for Civil Engineering Services City of Meridian - Five Mile Relief Sewer Project October 28, 1999 Page 5 D. Pipe Material Selection: A review and research of available piping materials shall be performed by the CONSULTANT. A summary of the research along with costs shall be submitted to the OWNER for review and selection of pipe material. 3.5 Topo~raDhv and Desi~n Draftin~ The CONSULTANT shall perform design drafting in an AutoCAD Version 14.0, that can be converted to be compatible with the OWNER's current computer-aided drafting system 14 (Version B). The anticipated scale of the plan and profile drawings shall be 1" = 20' horizontal and 1" = 2' vertical scale. All drawings will include Meridian Public Works title blocks, City sewer department standard notes, vicinity maps, sheet indexes, north arrows, and bar scales. The design drawings shall utilize the OWNER's standard symbols and shall identify pipe size, type, slope, invert elevations, ground surface elevations, surface repair required, boring details, property lines, found monuments and property corners where there is sufficient documentation of their existence, rights-of-ways, easement boundaries, street names, elevation benchmarks, survey control, topographic features, utilities, pay limits, and any special details necessary for a biddable product. The drafting shall be performed on a 22" x 34" vellum, ANSI standard size rrD" sheets. 3.6 Specifications and Contract Documents Specifications and Contract Documents shall be in accordance with the proposed 1999 Edition of the Idaho Standard Public Works Construction (ISPWC) format and standard revisions thereof. The CONSULTANT shall be responsible for preparing special provisions necessary for the project and shall prepare the contract documents on a word processing system compatible with Microsoft Word, Windows 1995. 3. 7 Plan Review Upon 90% completion of the plans and specifications, the CONSULTANT shall submit review sets of plans to all affected utilities, NMID, and ACHD and two sets for the OWNER1S final review and approvaL Attachment 'A' Agreement for Civil Engineering Services City of Meridian - Five Mile Relief Sewer Project October 28, 1999 Page 6 3. 8 Final Revisions 'i ., The CONSULTANT shall incorporate all appropriate revisions as suggested by the OWNER and the utilities in the final set of plans and specifications. 3.9 Ooinion of Probable Construction Cost The CONSULTANT shall develop and issue to OWNER an opinion of probable construction cost for the construction project, and any bid alternatives. SECTION 4 - BID AND AWARD SERVICES 4.1 Biddinsz Publishin~ CONSULTANT will provide 25 sets of the contract documents required for bidding purposes. Plans and contract documents will be distributed through CONSULTANTs Boise office. 4.2 Bid Administration CONSULTANT will provide bid administration services to coordinate the Bid process with the OWNER, prepare addenda when necessary during the Bid process to clarify bidding requirements, issue addenda, and assist in answering bidders' questions. 4.3 Prebid Meetint! CONSULTANT will attend and administer a prebid meeting with potential bidders and the OWNER. A written meeting summary shall be developed by the CONSULTANT, for possible incorporation into addenda. 4.4 Bid Ooenink! and Award CONSULTANT will conduct the bid opening, review bids, prepare a bid abstract, provide recommendation for contract award to OWNER, and prepare necessary contract documents to award the project. Attachment t A' Agreement for Civil Engineering Services City of Meridian - Five Mile Relief Sewer Project October 28, 1999 Page 7 SECTION 5 - CONSTRUCTION SERVICES 5.1 Preconstruction Conference CONSULTANT will arrange and conduct a pre-construction conference for the project with the contractor, OWNER, ACHD, and affected utilities. 5.2 Construction Staking The CONSULTANT shall provide one (1) set of construction control stakes in accordance with the approved plans that allow the contractor to construct the sewer main. The following stakes will be provided: A. Manholes: Three (3) stakes per each manhole consisting of one (1) centerline stake and two (2) offset stakes. Each stake will be marked with the cut/fill to the manhole invert. B. Pipeline: Stake at 10Q..foot stations beginning at the manholes. At each station, three stakes shall be provided consisting of one (1) pipe centerline stake and two (2) stakes at 30.foot offsets. Each stake shall be marked with the cut/fill to the pipe invert. A series of three (3) stakes will also be provided 50 feet forward and 50 feet back of each manhole. 5.3 ShOD Drawin'! Review CONSULTANT will review and administer activities associated with shop drawing review of major materials and equipment. 5.4 Construction Administration CONSULTANT will assist the OWNER with the applicable payment requests, review of construction permits, resolution and negotiation of change orders, issuance of substantial completion, perform a final walk.through and other contract close..out procedures. Attachment r A' Agreement for Civil Engineering Services City of Meridian - Five Mile Relief Sewer Project October 28, 1999 Page 8 5.5 Construction Observation CONSULTANT will provide resident construction observation only when reauested by the OWNER during the project to review the construction for general conformance with the plans and specifications, in-place quantities, and compliance with easement provisions. The ENGINEER will make site visits as requested by OWNER. 5.6 Monument Replacement The CONSULTANT shall reference on the horizontal control map and tie down the location of all found monuments. If sectional monuments are disturbed during construction, the CONSULTANT shall replace said monuments to their referenced position and file a corner and filing record as required with the county. 5.7 Record Drawin'!s J-U-B will perform field surveys and assemble construction data (provided by the OWNER) for preparation of project record drawings. OWNER will distribute record drawings to DEQ and other affected agencies, as required. SECTION 6 - EASEMENTS. PERMITTING, & AGENCY COORDINATION 6. 1 Preliminary Easement and PermittinQ Identification The CONSULTANT shall review existing easements and/or license agreements and identify where additional easements are needed. Review of the existing easements will determine the suitability to accommodate the relief sewer. Property owners will be contacted where new easements are necessary to determine general concerns and feasibility of obtaining easements. Initial contact and a site walk-through will be performed with permitting agencies: U.S. Army Corps of Engineers, Bureau of Reclamation (BOR), Nampa Meridian Irrigation District (NMID), and Ada County Highway District (ACHD) will be made to determine general design issues and constraints. Attachment' A' Agreement for Civil Engineering Services City of Meridian - Five Mile Relief Sewer Project October 28, 1999 Page 9 6.2 Property Owner Meetin~s Where new easements are required the CONSULTANT shall meet individually with affected property owners to negotiate requirements and develop easement provisions. Several meetings per property owner are anticipated to finalize negotiations. 6.3 Easement Aporaisal. Descriptions and Exhibits The CONSULTANT shall have the land appraised by Idaho Land and Appraisal Company. The CONSULTANT shall also prepare the necessary easement legal descriptions and exhibits in the OWNER's standard format for the OWNER to secure the necessary right-of- way for construction. It is anticipated that a maximum of six (6) title reports will be required to research property ownership and existing easements. 6.4 Draina~e/lrri~ation District Permittin~ The CONSULTANT will coordinate with NMID and BOR and prepare the necessary applications, to secure license agreements and construction permits. The CONSULTANT shall also complete the necessary legal descriptions and exhibits for a license agreement(s) between the OWNER and the irrigation/drainage purveyor. 6.5 AQencv and Utility Coordination, Research, and PermittinQ The CONSULTANT shall schedule and coordinate a meeting with and Ada County Highway District (ACHD) to establish acceptable corridors within County rights-of-ways in addition to: 1) Determining if any road or structure improvements are anticipated in the foreseeable planning period. 2) Obtaining pertinent design requirements and material specifications for proposed improvements. 3) Obtaining record drawings of improvements in the project vicinity. 4) Identifying approval time required to complete the permitting process. CONSULTANT will prepare the necessary plans and exhibits and complete right-of-way utility permits for agency approval. The CONSULTANT shall contact and receive utility information from gas, power, telephone, storm drainage, cable T. V., street lighting, traffic signals, irrigation, and other utilities that may be affected by the proposed construction. Utilities depicted on { I I, Attachment r A' Agreement for Civil Engineering Services City of Meridian - Five Mile Relief Sewer Project October 28, 1999 Page 10 drawings as a result of this task will not be verified. Utility location must be verified during project construction. Coordination and the submittal of final construction plans and specifications to the Idaho Division of Environmental Quality, shall be performed by the CONSULTANT. It is not anticipated or implied that this scope of services will include work to secure U.S. Army 404 permits for the Five Mile Drain crossings. If such permitting is required, an addendum of these engineering services will be required. SECTION 7 - FEE SCHEDULE Basis of Fee and Billing Schedule The OWNER shall pay CONSULTANT for its services and reimbursable expenses as follows: · Items 3.1 through 3.9, on a lump sum basis with a cost of......................................... $73,486.00 · Bid and Award Services Items 4.1 through 4.4, on a time and materials basis, with an estimated budget................ $4,182.00 · Construction Services' Items 5. 1 through 5. 7, on a ti me and materials basis, with an estimated budget.............. S 11 ,712.00 · Easements, Permitting, and Agency Coordination Items 6.1 through 6.5, on a time and materials basis, with an estimated budget.............. $21 ,061.00 The basis for calculation of fees is presented in Attachment rrB". 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'II;" ~tq....'" r.t) :;Q C'l N ~j~ ci ci 0 ci Iri ~ 0: ~ ~1l11l11l? ~ a .... .... ....~ r.t) iJ~ ciOOO ...; 0 M ~ ~ ~i" 0 0 0 ~ ~ ~:sa ~ ~ ~ .~ "E ~ nHpl ~ ~~ .~~I~I!I~ ~ ~ell ~ ,Q--. ~ ~ ~~~~ ~~~~~i~ ~ 4; ::t ~I~I~ ~ 41 2 ii~~-g ! i~~~gh ~ ~!!il!~~ ! ~ ~:2~E ~ ~J ia:H~ ::x: ~~~i~~~ j ~co~~ ~ ll:!-t:; ~ (l)g8i~ o Fra: :2 <0:: 8 ~ 0: ~ It ~ co ~ a:.s~a.. d: >-13 g t; g ~ J .... ~ It) I if -offig E "E ~ 2; 1 ~ S~~ i .!8 0 e a: ~o~ c31~ t .:( g tie I! ~ ~~ 5 ~ ; ~ ~- i I ~ :2 ~ E ~ co ti :E~ .f 4t ~ ~t ~ z ~ ~ ~ U) .. < ffia.. . ~ ~ ~ al I ~ ~ 8 ~ . .....NM'<f' It)....N"'''''''''..oe-.. -0-<'1"'''''''..,.1() to. ~ ..;..;..;..; ..0..6..0..0..0..0..6 .0..0.0..0..0..0..0 ~ ~ rr-- ROBERT D. CORRIE Mayor CITY OF MERIDI1.N PUBLIC WORKS / BUILDING DEPARTMENT COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD GARY D. SMITH. P.E. Public Works Director December 9, 1999 Mr. Phil Krichbaum, PE JUS Engineers, Inc. 250 S. Beechwood Ave., Suite 201 Boise, Idaho 83709-0944 RECEIVED DEe 1 0 1999 CITY OF MERIDIAN RE: Engineering Agreements Dear Phil: Here, for your files, is one copy each of fully executed engineering agreements for the fOllowing projects: 1. UDesign of 3D-inch Trunk Line Extension at the City Wastewater Treatment Plant" 2. "Design of Five Mile Creek Relief Sewer.JJ 3. "Provide Technical Assistance to Refine, Review, and Develop Phasing and Development Concepts for the 1998 Sewer Master Plan." Please consider the return of these signed documents to you as your Notice to Proceed on each of these projects. Thank you for your support and I look forward to successful projects for JUS and for the City of Meridian. ) Christmas, Gary ~ PE City Engineer Cc: file. City Clerk 200. East Carlton, Suite 100 · Meridian, Idaho 83642 Phone (208) 887-2211 · Fax (208) 887-1297 ( MERIDIAN CITY COUNCil MEETING: DECEMBER 7" 1999 APPLICANT: AGENDA ITEM NUMBER: x REQUEST: ENGINEERING AGREEMENT - 1999 WWTP TRUNK SEWER EXTENSION PROJECT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNlY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: rovY oJ(1 SETTLERS IRRIGATION: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. .( RECEIVED DEe 0 3 1999 CITY OF MERIDIAN ,.:.:.:.:':.~.:.:..:.:.Cl:t:t.:.~.:..C.LER,"z7..0-:E~EJ:-.C E Memorandum To: Mayor Corrie Cc: file From: Gary Smith Date: 12/03199 Re: Engineering Agreements - Miscellaneous and Sewer Trunk Una Mayor: Here are two engineering agreements for work relating to our sanitary sewer system. I would appreci~~,- it if these could be placed on the agenda for the December 701 City Council meeting. The foll~[~li~_ a brief explanation of each agreement ................~r......'_.............~~--........ . ~ ~.. ~ ~............... ~... ~ ~........ ~... + .............~......~................................. ......_........~-~ .~.....~................."--....~. 1. "199!~~~;nJnk Sewer Extension Project": This design project will result in the installation and I!~el of a 30 inch diameter sewer line to the "headworks" of the wastewater treatment plan~~~~-'Xtension of that pipe approximately 300 lineal feet to the northeast, under the CreC{ii~gral. At that point the developer of the proposed mini-storage facility will connect and exte~~~~~nk through his project and out to Ten Mile Road for future extension and connection to the "No-Name" sewer trunK This project is a little complex, design wise. because of the connection to the headworks and having to deal with existing underground facilities on the treatment facility site. This complexity is indicative of the proposed engineering costs, as relates to the estimated cost of construction. 2. "1998 Sewer Master Plan Analvsis of Development Concepts": This agreement will allow us to consult with JUS, as needed, for assistance in detennining impacts of proposed developments on our sanitary sewer system master plan. Much of this type of analysis will be done "in houseJJ, however, there are times that we need assistance from JUB, because they put the computer analysis program together for us and have a very good understanding of our system and obviously the operations of the computer model. 1 December 3, 1999 Suaaested City Council Action: 1. "1999 WWTP Trunk Sewer Extension Proiect": Approve of the engineering agreement with JUB Engineers, Inc., of Boise, Idaho to develop the design, plans and specifications for construction of approximately 300 lineal feet of 30 inch diameter sewer line from the Waste WaterTreatment Plant (WWTP) headworks northeast under the Creason Lateral for the cost of $17,489 (Lump Sum) and $6,981 (Time and Materials Estimate) and to authorize Mayor Corrie to sign the agreement with attest by the City Clerk. 2. "1998 Sewer Master Plan Analvsis of Development ConceIJtS": Approve of the engineering agreement with JUB Engineers, Inc. of Boise, Idaho to provide engineering review and analysis to support the Meridian Department of Public Works with the evaluation of sewer service alternatives, on an on-call basis at a time and material cost using a payroll rate multiplier for overhead of 3.17, and to authorize Mayor Corrie to sign the agreement with attest by the City Clerk. 2 J.L.fUvf"~ .lJ;"~ -0-" U 0 J" J ~ J J b J-U-B ENG. BOISE [4J 002/003 ~ ("" J-U.B .l ~ ~r\~"(IoL'" fh""''''-.)'fl,,. Pl.lU'l.a". J'~ U-B ENGINEERS(, Inc. AGREEMENT FOR PROFESSIONAL SERVICES PHK 096 J ..U-B Project No.: 11624 THIS AGI{EfMENT entered into thIs _ day of December. 1999, between City of Meridian hereInafter referred to os the "CLIENT' and J-U-B ENGINEERS, Inc.. on Idaho corporation of Boise, Idaho, hereinaHer referred to as II J..U-8 h. WITN ESSETH: WHEREAS, the CLIENT Intends to c nstruct 0-inch trunkline extension at WWTP os eneral des ribed in Section 1 of Attachment 'A'. hereInafter referred to os the PROJECT; NOW. THEREFORE. the CLIENT and J-U-B in consideration of their mutual covenants herein oaree in resoect os seT forth below. CLIENT JNFORMATION AND RfSPONSIBILrTIES The CLIENT will provide to J-U-B 011 criteria and full information os to CUENfs requirements for the Project. including desIgn objectives and constraints. space. capacity and perlcnnance requirements. flexIbility and expondability. and any budgetary limitations: and lumish copies of all design and construction standards which CLIENT will require to be included in the DrawIngs and Specifications. . The CLIENT win furnish to J-U-B. as required for perfonnance of J-U-8 's services. data prepared by or servIces of others. if available. including. without limitation. borings. prObings and subsurface explorations. hydrographic surveys. laboratory tests ond inspec110ns 01 samples. materials and equipment: appropriate professional interpretations of all 01 the foregoing; environmental assessment and impoC1 statements. surveys of record. property descrIptions; zoning, deed and other land use restrictions; and other special data or consultations as may be available. all o/whlch J-U-B may use and rely Upon in performing services under this Agreement. The CLIENT will arrange lor access 10 and make 011 prOvisions for J-U-B to enter upon public and private property as requIred lor J-U-8 to perlorm services under this Agreement. In Oddition, the CLIENT will furnrsh 10 J.U..B ; Los outHned in Attachment 'A') SERVJCes TO BE PERFORMfD BY J-U-B J-U-B will (os outlined in Attachment 'AI) SCHEDULE Of SERVICES TO BE PERFORMED J-U-B will rerform said services os follows: In a timely manner, per the client's construction constraints as described in Section 1 0 Attachment 'AI. BASJS OF FEE AND BilLING SCHEDULE The CUENTwlll poy J-U-B for their services Ond reimbvnoble expenses as follows: Refer to Section 7 of Attachment 'A'. File Folder Tille MERIDIAN. CITY OF - WWTP Trunk Sewer Extension Proiect Remarks: The Notice to Proceed, by the Client. verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE ARE PART OF THIS AGREEMENT_ THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLrENT: J-U-B: CITY OF MERIDIAN NAME 200 E. CarBon, SuIte 100 STREff Merfdian. CITY ID 83642 STATE ZIP CODE ZIP CODE BY (Signature) Robert D. Corrie NAME Moyor TITLE BY (Slgnatu J PhfJllp H. KtK:hboum. P.E. NAME TITLE Project ManofJer BY (Signorure) William G. Ber~. Jr. NAME Ciry Clerk TITLE DISTRIBUTJON: White - J-U-B CorporOfe fIre Yellow - J..U..b Office FII4! Pink - J-U-B ProJ4!ct file J-U..B -01 DEe 03 '99 12:36 208 323 9336 p~~~ ~? .J.I-.I Vvl vv .Lv.vU u ,uo V ~ J ~ J.) 0 J - U -1) EN<.J. EO I SE J-U...B ENGINEERS, Inc. ( TERMS AND CONDITIONS @ 003/003 GENERAL J..U...B shaH provJde for CLIENT professlonol engineerlng and/or land surveying servIces in all phases of fhe Project to which this Agreement applies. These services will include 'servlng os CLIENTs professional engineering or land surveying representatIve lor the Project. providing professional consullation and advice in accordance with generally accepted professional pracfices for the intended use of the Projecr Ond makes no other WARRANTY EITHER EXPRESSED OR IMPLIED. J-U..B sholl not be -responsible for acts or omissions of any party Involved in the services covered by this Agreement other than their own or for failure of any contractor or subcontractor 10 construct any item In accordance with recommendations issued by J..U..B. J-U-B has not been retained to supervise. direct or have control over Confrac1or[s) work nor sholl J-U-6 hove authority over or responsibility for the means. methods. techniques. sequences or procedures or construction selected by Cantractor(s). lor safety precautIons and programs incident to the work of Contractor{s} or for any failure of Contracfor(s) to comply with laws, rules. regulations. ordinances. codes or orders Opplicoble to Controctor(s) furnishing and performing their work. Accordin~ly. J..U-6 can neither guarantee the performance of the construction contracTS by Contractor(s) nor assume responsibility for ContractorrsJ failure to furnish and perlorm their work in accordance with the Contract Documents. In sons investigation work and in determining subsurface condltJons for the Project. the characteristics may vary greatly between successive test points and sample intervals. J...U..8 will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other WARRANTJES EXPRESSED OR IMPUED. or os to the professional advice furnisf1ed by others. Resetting of survey and/or construction stakes sholl constitute extra work and shalJ be paid for on a time and material basis in addition to any other payment provIded in thIs Agreement. OPINIONS OF COST Since J-U-B hos no control over the cost of labor, materio!s, equipment or services furnished by others. or OVer' the Contractor(s)" methods of determlnrng prices. or over competitive bidding or market condITions, J-U..8's opinions of probable Totol Project Costs and Construction Costs provided for herein are to be made on the basis of J.U-B's experience and qualifications and represent J-U.B's best judgment as on experienced and qualified professional engIneer. familiar with the construction Industry; but J"U-B connot and does nof guarantee that proposols. bids or actual Total Project or Construction Costs will not vary from oplnions of probable cost prepared by J-U..B. If the CLIENT wIshes greater assurance os to Totol PrOject or Construction Costs. CliENT sholl employ an independent cost estimator. J-U-B's services to modify the Project to bring the Construction Costs within any limitation established by the CLIENT will be considered Additional Services and poid for 05 such by the C L1ENT. REUSE OF DOCUMENTS , An documents and magnetic media inCluding Drawings and Specifications prepared or furnished by J..U-B pursuant to this Agreement are Instrvments of service in respect of the Project and J-U-8 shall retain on ownership and property Interest thereIn whether Or not the Project is completed. Any reuse without written verification or adaptation by J-U..B for the specific purpose intended will be at CLIENTs sole rIsk and without liability or legal exposure to J-U-B and CLIENT shall indemnify and hold harmless J-U..B from all claims. damages, losses and expenses arising out of or resulting therefrom. CONTROLLING LAW This Agreement is to be governed by the low of the State of Idaho. prIncipal place of business of J..U..B. SUCCESSORS AND ASSIGNS CLIENT and J-U..B each is hereby bound and the partners, successors. executors. administrators ond legal representatives of CUENT end J-U-B ore hereby bound to the other party to this Agreement and to the partners. successors. executors. admlnlmotors ond legol representatives of such other party. in respect of all covenants. agreements and obliaotions of this Agreement. NothinQ under this Agreement shalJ be construed to give any rIghts or beneRts in this Agreement to anyone other than CLIENT and J..U-B. and 0/1 duties and responsibilities undertaken pursuont to this Agreement w1ll be for the sole and exclusive benefit of CLIENT and J-U-B and not for the benefit of any other party. TIMES OF PAYMENTS J.U-B shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall malee prompt monthly poyments. If CLIENT foils to make any payment due J-U-B for services and expenses witt1in ten (101 doys after receipt of J-U..Bfs statement therefor. the amounts due J-U-B will be increased at the rote 011% per month from said tenth day. and in addition. J-U-B may. after giving ten days' wriHen notice to CLIENT. suspend services under this Agreement until J-U-6 has been paid in full all amounts due for services. expenses and charges. TERMINATION The obligation to provide further servIces under this Agreement may be terminafed by etfhe- party upon thirty days' written notice in Ihe event af substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminoHng party. If this Agreement is terminated by either party. J-U..B will be paid for services rendered and for Reimbursable Expenses Jncurred to the date of such termination piUS an allowance for demobilization costs as determined by J-U-B. RISK ALLOCATlON The CUENT is aware of the risks, rewords. and benefits of the project and J-U-B's rotal fee for services. The risks ore hereby allocoted SuCh that the CLIENT agrees that. to the fullest e;(tent permitted by law. J-U-8's 10talliobility to the CLIENT for 011 injuries. claims. expenses. damages or claims expenses arising out of this agreement from any couse. sholl not exceed the fees for services rendered on this Project. Such causes include. but ore not limited to, J"U..B's negligence. errors. omissions. sfricf raobirrty and breach of this Agreement. HAZARDOUS WASTE AND ASBESTOS In consideration of the unavailabllfty ot professionalliabirify insurance for servlces involving or related fO hOlordous waste elemenfS of this Agreement. or for the removal Of encapsulation of asbestos. It ;s further agreed that the CLIENT sholl indemnify and hold hormless J-U..B and their consultants, agents and employees from and agoinst 011 claims. domages. losses and expenses direct and IndIrect or consequential damages. includIng but not limited to fees and charges of attorneys and court. mediation or arbitration costs. arising out 01 or resulting from the performance of the work by J.U-B. or claims ogo1nst J..U-B related to hazardous waste or asbestos octrvlties. MEDIATtON BEfORE UTlGATION No action or IOWSLltt shall commence nor recourse to a ]UdfCiol forvm be mode (hereinaHer "Iitigation") until CLIENT. J"U..B, and/or other Ponies of Real Interest hove commenced, participated in and concluded nonbinding mediation, pursuant to the rules of mediation. LEGAl FEES In the evenl at any action brought by either porty agains1 the other to enforce any of the obligations hereunder or arising out of any dispute concemlng the terms and conditions hereby Cleated.. the losing party sholl pay the prevailing party such reasonable amounts for fees. costs and expenses, including attorneyls fees os may be set by the Court EXTENT OF AGREEMENT ThiS Agreement represents the entIre and Integrated agreement between the CLIENT and J-U-B and supersedes 011 prior negotiations, representatlons or agreements. either written or oral. The Agreement moy be amended only by wriHen instrument signed by both CLIENT and J-U-B. J...ll-B ..01 DEe 03 '99 12:37 208 323 9336 PAGE.03 ( ATTACHMENT "A" AGREEMENT FOR CIVIL ENGINEERING SERVICES City of Meridian, Idaho 1999 WWTP Trunk Sewer Extension Project J-U-B ENGINEERS, Inc., Project No. 11624 SECTION 1 - PROJECT UNDERSTANDING The following describes J-U-B ENGINEERS, Inc. understanding of the "project" and Client needs. The Client intends to construct a 30 inch Trunk Sewer aka" No Name Trunk Sewer" extension north from the existing headworks structure through the treatment plant site to a location immediately north of the Creason Lateral. J-U-B ENGINEERS, Inc.'s understanding of the Client's needs or goals is described below: · The Client desires to have portions of the project which cross the Creason Lateral constructed by April 1, 2000. The project will terminate immediately north of the Creason Lateral's northerly right-at-way. · The existing headworks structure will be modified to allow connection of the proposed trunk sewer. -It is anticipated that several alternatives will be preliminary examined to accommodate future flows and achieve reasonable hydraulic conditions within the constraints of the existing structure. SECTION 2 - CLIENT RESPONSIBiliTIES Client Information and ResDonsibifities: The following data and/or services are to be provided by the CLIENT without cost to the CONSULTANT. 2.1 Provide ongoing review of the CONSUL TANTJs work and consideration of policy issues within a time acceptable to both the CLIENT and CONSULTANT. 2.2 Provide access to relevant record drawings, flow record data, facility plans, property deeds of record on the WWTP Facility and Creason Lateral, and other relevant information of record. 2.3 Serve as a liaison to Owners of the private property located immediately north of the Creason Lateral. Provide copies of development plans for the befonnentioned property. 2.4 Provide basis ot horizontal control for site monumentation and vertical datum at WWTP that is desired to be used. 2.5 Provide updates to scheduling of related WWTP construction projects that may affect this Work. 2.6 Pay for all permitsJ fees, or payments required to secure irrigation license agreements, easements and/or pennitting for construction of the proposed improvements. Attachment M A. - Page 1 {, 2.7 Identify key W\NTP operations that need to be maintained during construction. 2.8 Provide personnel and equipment to "pothole" potential conflict areas with existing utilities prior to design as determined by the Engineer. Field locate known utilities prior to topographic survey. SECTION 3 - FINAL DESIGN Services to be Performed bv the CONSULTANT: The CONSULTANT shall furnish services specifically limited to the following: 3.1 Aaencv Coordination and Pennittino The CONSULTANT shall schedule and coordinate a meeting with the following agencies: A. The CONSULTANT will contact Nampa-Meridian Irrigation District to establish construction requirements for open trenching of the Creason Lateral Crossing. CONSULTANT will prepare necessary exhibits, legal descriptions, and applications necessary for procurement of the license agreement. B. The CONSULTANT will submit of final construction plans and specifications to the Idaho Division of Environmental Quality, for approval. Three (3) copies of plans and specifications wiJl be submitted along with completed checklists for agency approvals. 3.2 Monument. Record Map. Benchmark Research. Riaht-of-wav Research and Control The CONSU L T ANT will utilize local horizontal and vertical datum at the WWTP as a basis in preparing construction plans. The CONSULTANT shall set temporary benchmarks (T.B.M.s) and horizontal control points at intervals along the alignment of the project required for proper construction control. TBM's and horizontal control points shall be delineated on the final Construction Plans provided to the OWNER. The CONSULTANT will locate in the field monuments of record that may be disrupted as a part of construction. The CONSULTANT will reference these monuments on the Construction Plans provided to the OWNER. The CONSULTANT will depict on the construction plans, other monuments, or land comers that have adequate evidence of existing. In addition, CONSU L T ANT will provide vertical datum reference to NA VD 88 vertical datum at the end point of this project. This will be completed by establishing a NAVD 88 datum elevation on the local WWTP benchmark. A level circuit will be run from a known NAVD 88 benchmark at Ustick Road and Ten Mile Road to the W\NTP. 3.3 Topoaraphic Survey The CONSULTANT shall complete topographic surveys along the proposed alignment. General limits of topographic survey are listed below: Attachment "A" - Page 2 . Land width equal to approximately 100 feet in width and 400 feet in length beginning at the headworks facility and extended northwesterly to a point north of the Creason Lateral. . The headworks structure and influent collection .box will be measured and invert elevations established at key locations. Invert elevations of key gravity sewers will be established. · Topography along and adjacent to the Creason Lateral will be defined, generally 1 00 feet upstream and downstream of proposed alignment. · Generally, the survey shall locate all relevant features necessary for a proper design of the project. As a minimum, these items shall include topography features such as fences, utility poles, utilities, surfacing, culverts, structures, significant vegetation, sidewalks, curbs, utilities) and shall also include a search for monuments of record, physical survey of monuments and property pins that are found. Topography shall be drafted in AutoCAD format Version 14.0, which is compatible with the OWNER's current -computer-aided drafting system. The anticipated scale of the drawings is 1 n = 20' horizontal. The drafting shall be performed on a 22" x 34" vellum, ANSI standard size GD~ sheets. The design drawings shall utilize the standard symbols for topographical features. In addition property lines, rights- of-ways, found monuments and land comers) and other property comers where there is sufficient documentation of their existence will be depicted. 3.4 Final Desion A. Basic Design of Sewer. The CONSULTANT shall be responsible for preparing the design of trunk sewer extension conforming to OWNERS requirements and agency policies of the Idaho Division of Environmental Quality and Nampa-Meridian Irrigation District. CONSULTANT shall be responsible for design considerations such as utility conflicts, avoidance of future planned facilities, minimizing WNTP disruption. alignment and grading of sewer to achieve maximum service depths, Creason Lateral crossing, connection details. and other items necessary for proper construction of the project. B. Review of Piping Materials. The CONSULTANT will briefly review available pipe materials for the intended 30 inch trunk sewer which will entail: telephone survey of installation contractors and owners of piping products to determine the piping products' general installation and service performance. The research will focus primarily on plastic piping materials. C. Headworks Modifications. The CONSULTANT will develop conceptual alternatives sketches depicting general modifications to the existing headworks structure to accommodate the proposed sewer. These concepts will be reviewed with City staff to establish a preferred alternative for final design. Anticipated alternatives include the following: Option 1 - Direct Connection to North Wall of Headworks Attachment" AtI - Page 3 ( Option 2 - Expansion of Collection Box to the north with transition structure added to headworks Option 3 - Expansion of Collection Box to the south with piping modifications into the south headworks wall The CONSULTANT wilt then design the required structural improvements and piping systems necessary for completion of the work. D. Preparation of Plans, Specifications, and Contract Documents. The CONSULTANT shall perform design drafting of plan, profile, and detail sheets as necessary to develop a high quality well-defined biddable product. The drawings shall show standard notes, vicinity map, sheet index, north arrows, bar scales, benchmarks, TBM's, and survey control points. Design drawings for the proposed trunk sewer will identify pipe size and slope, type, invert elevations, ground surface elevations, surface restoration, connection details, Creason Lateral Crossing details, and headworks connection details. Specifications and Contract Documents shall be in accordance with the proposed 1999 Edition of the Idaho Standard Public Works Construction (ISPWC) format and standard revisions thereof. The CONSULTANT shalt be responsible for preparing special provisions necessary for the project and shall prepare the contract documents on a word processing system compatible with Microsoft Word, Windows 1995. E. Prepare 900/0 Review and Revisions to Plans. Upon 900/0 completion of the plans and specifications, the CONSULTANT shall submit review sets of plans to the Owner for review. The CONSULTANT shall incorporate all appropriate revisions to produce final construction plans. F. Prepare Opinion of Cost. The CONSULTANT shall develop and issue to OWNER an opinion of probable construction cost for the construction project, and any bid alternatives. Attachment a A. - Page 4 SECTION 4 - BID AND AWARD SERVICES 4.1 Biddino Publishina CONSULTANT will provide sets of the contract documents required for bidding purposes. Plans and contract documents will be distributed through CONSULTANTs Boise office. 4.2 Bid Administration CONSULTANT will provide bid administration services to coordinate the Bid process with the OWNER. CONSULTANT will when necessary during the Bid process to clarify bidding requirements, prepare addenda, issue addenda, and assist in answering bidders' questions. 4.3 Bid Openine and Award CONSULTANT will attend and assist with the bid opening, review bids, prepare a bid abstract, provide recommendation for contract award to OWNER, and prepare necessary contract documents to award the project. SECTION 5 - CONSTRUCTION SERVICES 5.1 Preconstruction Conference CONSULTANT will arrange and conduct a pre-construction conference for the project with the contractor, OWNER, and Nampa-Meridian Irrigation District. 5.2 Construction Stakina CONSULTANT will provide construction staking services including: establishing horizontal and vertical construction control as required to construct the project. 5.3 Construction Administration CONSULTANT will provide construction support as required to answer field questions from the Owners construction representative, assist with resolution and negotiation of change orders, and assist with partial construction pay estimates. Attachment · A. - Page 5 SECTION 7 - FEE SCHEDULE Basis of Fee and Billina Schedule The OWNER shall pay CONSULTANT for its services and reimbursable expenses as follows: · Agency and Utility Coordination, Research, and Permitting Items 3.1, on a time and materials basis, with an estimated budget of ..................... ..................... .... $1,484 · Monument, Benchmark, and Right-of-Way Research, and Control Item 3.2. on a time and materials basis, with an estimated budget of .............. ...... ........................... $2,597 . Topographic Survey and Mapping Items 3.3, on a time and materials basis, with an estimated budget..................................................$3,016 . Final Design Items 3.4, on a time and materials basis, with an estimated budget of ...........................................$11,876 . Bid and Award Services Items 4.1 through 4.3, on a time and materials basis. with an estimated budget...............................$1.986 . Construction Services Items 5.1 through 5.3, on a time and materials basis, with an estimated budget............................... $3,511 The basis for calculation of fees is presented in Attachment "B". F :'AJsers\phk'proposal\meridlan WNtp water attacha.doc Attachment a A. - Page 6 . ( ~ " (Cl l.O ~ co ~ Ol ..-t r-. I III 0 Q) III ~~ fN tti fa Ill; " CW) tilt- wt- ... ... <.... ~ t-E "5 .~~I~ 0\0 [~ ~I~ OIN ~o a~ ~~ \0\0 I~~g a~,! IO~~ I~t;,;; I~~ I:~ I~I~ ............ I~ t; q- tiE I'" MI~ I~I~ I -.."7 IW'T YT" ~O" ~ .~ I~ taj5- t-jrr; CI)...... :r: _10 ~~I~ I~* ~ '~I~ ,I' ....... ~(1'1 .~~ ('1')" -.:tl~ ~1\lJ " "I~CO ~~8 I;;~I~ I~ ~~ 1;;1'" -a) ~~ ;;.~~ ..,~~ I~~~ '.,. :.-. .,. I~ .....~ ~ "'....- .... IQ .0 C) t-:JG ~ (I) ,: 0 ) 0 lOlO C\l I() ~ 0 0 to 10 - fii~~ ""0 .... .... dci ~ ~ ' J , :3 bi C\lCl)I..; z 'ip ..... I~ 0 0 ~Il'! - ~ ~~~ ..... 0 ~2 ~o d 00 Odd ~. ep"'" ~ 0;; - :0 ~ U1 0 ..... ..... 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'a ~.~ en ii5 gj ILl i~ 1&.1 Z 0 B.; ~ 0 i u ::; 8 ~ ~ ffi >- ~~ t:.n 1&1 C) 10.. 10 t- .... ~-g ~.2 ~ en ~ :J en a z ;= ~~ -e~ I z a: 0 ~ :;) 0< CJ ~ ti af Za:: ~z i3 0( .... li b.I J:J:J: 0 :J; 2: 0 a:: 'kJ :J i:!.!~ CJ ...J Z .... z.... z ":En ~ -< cn c-< bJ z ~!!~ ...; z oS: " 0 ~~~ g z a 8 ii:i= '< 2: k: Ci5 kit} '1< Ql "f ..... ~ ....~ C\!~ an~ ~~ ~ )0- f') fW) fW) 'ltq-oq l.OW')l.O -i!I ~..c :ct C'l') o a ~z <<i u~ !> a.. ai ~ c: ~ .J: o CII ::: < RESOLUTION NO. 278 COMPENSATION POLICIES AND PRACTICES SUBJECT: REVISIONS BY: j;z;)-A- ;j/f-~ t/fJ t!tJUhc.l--tJ'h~ A RE.SOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN REPEALING SUB-PARAGRAPHS 1.,2.,4., AND 9. OF SUB-SECTION B [COMPENSATION POLICIES] OF SECTION IV [EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS] OF THE PERSO.NNEL POLICY rvIANUAL AND BY AMENDING SUB-PARAGRAPH B OF SECTION IV OF THE PERSONNEL POLICY rvIANUAL BY THE ADDITION THERETO OF NEW SUB-PARAGRAPHS 1 THROUGH 21, AND RE-NUMBERING THE RErvIAINING SUB-PARAGRAPHS OF SUB-SECTION B OF SECTION IV PERTAINING TO COMPENSATION POLICIES. BE IT RESOLVED BY THE rvIAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: That sub-paragraphs 1.,2.,4., and 9. of sub-section B of Section IV of the Personnel Policy Manual are hereby repealed. SECTION 2: That sub-section B of Section IV of the Personnel Policy Manual is hereby amended by the addition thereto of new sub-paragraphs 1 through 21 and re-numbering the remaining sllb-paragraphs of sub-section B to read as follovvs: B. COMPENSATION POLICIES AND PRACTICES 1. Objective and Definitions The purpose of this sub-section is to provide guidelines for consistent administration of the compensation program and movement of employee from position to position (i.e., promotion, transfer, demotion, etc.). The City believes that employees should be paid for their performance and the contributions they make as employees of the City of Meridian. This philosophy is known as "Pay for. Performance". "In-guideline": approvals require all levels of management signature in the chain of command (starting with the Supervisor). "Out-of-Guideline": approvals require all levels of management signature in the chain of command and the Mayor. "A promotion": is a reassignment of an employee to a position in a higher salary/wage range or grade than the employee's prior position. REVISIONS OF CONIPENSATIONPOLICIES AND PRACTICES PAGE 1 OF 14 (< itA demotion": is a reassignment to a position of lower salary/wage range than the employee's prior position. "A transfer": is a lateral move to a different job in the same grade. itA documented vvarning": is an action taken when and employee's behavior is inconsistent vvith the city's statement of conduct and has received a vvritten notice describing such conduct. "A short-term (less than three (3) calendar months) reassignment": is not considered as a promotion, transfer, or demotion. itA pay review": is, conducted when a wage or salary adjustment is being considered. itA performance review": considers various factors of the employee's fulfillment of his/her job duties. "Reassignment to another shift": is not considered a promotion/ transfer unless meeting the above criteria. 2. Pay Program 2.1 Annual Increase Amounts The Mayor and City Council determine pay increases as budgets are set and tax levies are authorized. Pay given for any position within" the City is subject to the annual budgetary process and as such may be subject to increase or decrease from fiscal budget year to year. The head of the department may make suggestions about salary compensation and other pay system concerns but the final decision regarding compensation levels rest with the Mayor and City Council. The Mayor and City Council reserve the right to make budget adjustments, and consequently pay adjustments, during the course of the fiscal budget year to deal with other circumstances which they think justify changes in entity expenditures. Employees will receive the increase according to the mid-point of their current grade range. After considering the employee's performance as provided here in this sllb-section, the percentage increase will be determined. This amount is then multiplied by the mid-point of the employee's grade and added to the current rate. For example, an employee is in a grade range with a mid-point of $10.00. The individual is given a 5% increase based on his/her performance. The employee's current rate is $9.25. The employee's ne\rv rate would be $9.75 ($10.00 X .05 = $0.50 + $9.25 = $9.75). The increase amOllnts can be adjusted. Contact Human Resources for the latest schedule. REVISIONS OF COMPENSATION POLICIES AND PRACTICES PAGE 2 OF 14 2.2 Employees Currently Over the Maximum of Their Grade Range These employees will continue to receive increases as if they vvere vvithin the range for one (1) year. If after one (1) year the employee is above the range maximum, he/she will be frozen until recaptured in the range. 2.3 Compliance vvith State and Federal Pay Acts The City shall comply with all State and Federal pay acts respecting the compensation of employees for services performed in the public service. 3. Review Schedule 03.1 Current Employees Current employees will be given a review on October 1st of each year unless experiencing a date altering event as prescribed by policy. Upon completion of the review current employees are eligible for a merit increase based on performance. 3.2 Nevv Hires Employees hired on or after October 1, 1998 will receive a review at six (6) months, and will be eligible for an merit increase based on performance at twelve (12) months effective on their employment start date and on the employee's anniversary thereafter unless experiencing a date altering event as prescribed by policy. Employees in the police department will receive a review after one (1) year of service, and will be eligible for a merit increase based on performance that vvill be effective on the anniversary date of hire, unless experiencing a date altering event prescribed by policy. Employees in the fire department will receive a review after one (1) year of service; merit increases are determined by the union contract. 3.3 Interim Increases (Changes in Anniversary Date) Each time an increase or decrease occurs, the date of this adjustment will be used to determine the next review. For example, if an employee receives an increase or promotion on March 15, his/her next review is due twelve (12) months after the wage increase. Supervisors may delay or request early increases on an exception basis. Such a review will be approved through Uout-of-gtlideline" approval channels. The exception to this is a pay review that is delayed because the employee is on a REVISIONS OF COMPENSATION POLICIES AND PRACTICES PAGE 3 OF 14 documented disciplinary warning for which he/ she has signed an acknowledgment of receipt. 3.4 Rehires Employees who have terminated their employment will have their revievv date based upon when they rehired. 3.5 Employees on Document Written vVarning These employees vviII not be eligible for pay increase until after the warning has expired. If an increase is granted after the warning period has expired, the anniversary is not adjusted, but remains the same date as the scheduled revievv. For example, and employee's scheduled revievv is October 1. The individual is placed on an employee signed warning on September 15. The employee sllccessfully fulfills the outlined warning obligations and the warning expires on March 15. The increase would be effective on March 15 and the employee's next review will be on October 1 in the following year. 3.6 Promoted Employees See section 15 of the "Promotion/Transfer" policy. 4. Differentials 4.1 Lead Differential Lead Workers will be raised to the greater of: two grades above the lowest position in the work group for which they are responsible or one grade higher than the grade of the top position in the work group. For example, if a Lead Worker coordinates employees who are in a grade A2 and As he/she would be placed in Grade A4. However, if the work group consists of only A4's, the Lead Worker would be placed in the A6 grade. 4.2 Other Differentials (Police Department) Differentials (e.g., skill pay, certification) are additions to the base wage and will be removed when the specific condition is no longer required. 5. Start Rate 5.1 New Hires New hires will normally start at the minimum of the range for the grade. REVISIONS OF COtvlPENSATION POLICIES AND PRACTICES PAGE 4 OF 14 If the individual filing the position has considerable background, knowledge, education, etc. \vhich merits entering at a higher rate the Department Head must get "out-of-guideline" approval before an offer is made. 5.2 Rehires Terminated employees who are rehired will be considered "new hires" (see 5.1 for guidelines". Terminated employees \vho are rehired above the market rate \vill require additional approvals. Employees returning from an approved leave of absence are not considered as "rehires." 6. Updating the Program 6.1 Ranges Human Resources will review the wage ranges by grade on an annual basis. 6.2 Grades Revievved by the Compensation Committee The Mayor will designate a Compensation Committee. They will meet on at least an annual basis to review the grades, re-evaluate positions that have significantly changed, and slot new positions. 7. Interim Increases Increases other than those given according to the schedule( s) outlined in this policy must have all levels of management approval starting with the Supervisor up to and including the Mayor. The next review date will then be derived from this adjustment date. 8. Procedure 8.1 Notice of Review Date Approximately five (5) weeks prior to the employee's effective date for his/her increase, Human Resources will send a list of employees to be reviewed to the designated supervisor, manager or department head. 8.2 Management responsibility The supervisor, manager or department head will complete a Performance Evalllation form for each of the employees noted in section 8.1 and indicate the appropriate salary/wage increase on a Personnel Action Request form. Two (2) forms are llsed for each in routing for approvals. A due date will be noted on the information received from Human Resources. The date will be approximately REVISIONS OF COI\.1PENSATION POLICIES AND PRACTICES PAGE 5 OF 14 ( tvvo (2) vveeks after receipt of the list by the supervisor. 8.S Approvals 8.3.1 If the recommendation is "in-guidelines", the immediate supervisor forwards the Personnel Action Request form and related Performance Evaluation(s) to the next level of management for approval. After the next level of management has approved these documents, the Personnel Action request form is sent to Human Resources and the Performance Evaluation and a copy of the Personnel Action Request form is sent to the immediate supervisor. 8.3.2 lfthe recommendation is (lout of guidelines", the Personnel Action Request form and related Performance Evaluation(s) are sent to all levels of management and up to and including the Mayor for approval. 8.4 Inputting by Payroll The information will then be put into the system by Payroll. 8.5 Sending of Forms Back to the Supervisor The approved Personnel Action Reqllest form(s) vvill be sent back to the Supervisor with the related Performance Evaluation(s). 8.6 Meeting with the Employee The supervisor will discuss the review with the employee and have him/her sign his/her Performance Evaluation. The supervisor gives the employee a copy of the Performance Evaluation and forwards the original to Human Resources for filing. 8.7 No Preliminary Discussion with Employee No discussion of the increase should be held with the employee prior to receipt of fully approved documents. 8.8 Responsibility for Review Outcome The immediate supervisor should take responsibility for the amount of the review. In no case should a supervisor lead an employee to believe they tried for a larger increase, but could not get it approved by "upper management." 8.9 Wage/Salary Increase Philosophy Increases are "earned by the employee not "given" by management. All increases are earned by merit. Merit considers and measures job performance REVISIONS OF COMPENSATION POLICIES AND PRACTICES PAGE 6 OF 14 ( against job standards or established goals and objectives. Attitude can also be considered if it affects the job performance of the employee or other employee( s). 9. Employees on Leave of Absence (LOA) and Layoff(LO) 9.1 Revievv Date lfthe employee has been on LOA or LO for less and one-half(~) of the total days for the review period, the employee's review date will remain the same as though he/she had not been on leave. Increases for employees on LOA or LO is prorated based upon time service. If the employee has been on LOA or LO for more than one-half(~) of the total days for the review period, the review will be forfeited. 9.2 Pro-ration of Increase When increases are given job performance is, among other factors, a major consideration. If the employee has been on active status for less than the annual review period of twelve (12) months, an increase will be calculated from a proportion of actual mon ths of active status worked compared to total number of months in the review period. Example: An employee is on active status for six (6) months during his/her review period. He/ she is reviewed on October 1. This individual would receive six-twelve's (6/12) or 50% of his/her regularly scheduled amount. 10. Returning [rom LOA/La or Transferring to a Position in a Lower Grade Employees returning or transferring to a position in a lower salary/wage grade will assume the new salary/wage range. Factors considered in determining the employee's salary/wage in the new range include: speed, accuracy, attitude, length of service in the job class prior to the leave of absence or layoff, the salary/wage grade range of the new position, grade range penetration of the employee relative to experience level, etc. 10.1 Minimum to Mid-Point Generally, employees will be placed between the entry and market point of the range for the position they are being placed. 10.2 Under the Minimum and Over the Mid-Point of the Range Employees' rate can be placed in these locations through "out-of-guideline" approval( s ). REVISIONS OF COMPENSATION POLICIES AND PRACTICES PAGE 7 OF 14 11. Amounts Noted for Salaried Positions Salaries are quoted in monthly amounts for convenience and are not designed to imply a contractual obligation on the part of the employee or city. 12. Promotion Eligibility 12.1 Qllalifications Eligibility for promotion/transfer compares minimum relevant qualifications of the new position and the employee's qualifications. Factors that generally relate to the position include: The duties and responsibilities of the position; Education, training, or special knowledge required; and Experience, including both the nature and length of previous assignment. Factors that relate to the employee include: Quality of work, initiative, planning, dependability and attitude; Present and past performance levels; and Potential for successful performance in the new position. 12.2 Required Length of Service 12.2.1 An employee must have a minimum of six (6) months service in his/her current position before requesting a promotion/transfer unless receiving approval from all levels of management starting with the immediate supervisor up to and including the Department Head in the chain of command, Human Resources and the Mayor. 12.3 Employee Performance Criteria for Granting of Requests 12.3.1 The employee being considered for the promotion/transfer must not be on any type of documented disciplinary warning with and employee receipt acknowledgement signature. 12.3.2 The employee being considered for the promotion/transfer must have documented good work performance. 13. Job Posting Procedures 13. 1 Proced ures IS.1.1 The open position will be posted showing the related grade and range. REVISIONS OF COMPENSATION POLICIES AND PRACTICES PAGE 8 OF 14 13.1.2 The employee is to return the URequest for Promotion/Transfer" form to Human Resources. 13.1.S Screening of applicants by the prospective supervisor "viII be done in coordination with Human Resources, as positions are open. 13.1.4 After review by Human Resources, Department Heads may mal{e the verbal offer. Human Resources will follow up vvith a vvritten acknovvledgment. After the position has been fuled, Human Resources will inform the candidates in \vriting of the hiring decision. 13.2 Posting of Positions Positions will be posted for five (5) working days on a designated board(s) for employees to review. Positions in all Grades will be posted. Ifinterested in a position any Grade, the employee should submit an approved "Request for Promotion/Transfer" to Hllffian Resources. 1S.3 Interviews Although employees may have a "Request for Promotion/Transfer" form completed, this is not a guarantee of an interview when the position is available. 13.4 Outside Recruiting The City reserves the right to consider outside applicants simultaneously with those submitting "Request for Promotion/Transfer" from within. 14. Selection Process The candidate who is best matched for the open position will be selected. This determination will be made through such methods as interview, past performance, evaluations, etc. As an equal employrp.ent opportunity employer, age, race, sex, national origin, religion or disability will not be discriminatorily considered. 15. Promotion Wage/Salary Adjustment All increase will be based on merit. Depending on the performance of the employee and the location ofthe promoted individual's current wage/salary, the following schedule will be used as it relates to the lowest range for the grade. Below Entry To Minimum Salary/Wage Location in New Range Entry to Market Rate Up to 5%, but not to exceed Market Rate Over Market-Rate 0% REVISIONS OF COMPENSATION POLICIES AND PRACTICES PAGE 9 OF 14 15.1 Below the Entry of the Ne\v Range Promoted employees will be taken to the minimum of their new range. 15.2 Current Wage/Salary Betvveen Entry and Market Rate The employee will be able to receive up to five percent (5%) increase at the time of promotion. 15.3 Current vVage/Salary Above the Market Rate Typically there are no increases for individuals in this section of the range. The advantage for the employee is he/ she will assume a range with a greater maximum than in his/her previous grade. Any exceptions will be processed through the "out-of-guideline" approval channels. 15.4 Revievv Schedule for Promotional Increases When an employee receives an increase in conjunction vvith a promotion, the date of the promotion becomes the anniversary date for the purposes of establishing the next review date. 16. Demotions Employees being placed in positions with a grade lesser than the one from which they originated will have wage/salary determined through "out--of-guideline" approval channels. Employees being demoted will normally receive a decrease in wage/salary if their rate of pay is above the market rate of their grade. Demoted employees with a wage/ salary below the market rate of the new range will be frozen for at least one year. 17. Transfers to a Position in the Same Grade Employees affected by this situation must have their wage/salary adjustment and transfer approved before completion of the move. Typically the individual will remain at the same rate of pay. 18. Adjustment of Review Dates for Transferred Employees If adjustment to the employee salary/wage rate occurs, the next review will be twelve (12) months from the transfer date. Lateral transfers when no increase is given the employees regular scheduled review date will remain the same. 19. Transfers at the Company's Request 19.1 City Initiated Occasionally, transfers may be made at the City's request to satisfy operational REVISIONS OF COMPENSATION POLICIES AND PRACTICES PAGE 10 OF 14 ( needs. Consideration vvilI be given to employee's speed, accuracy, attitude, background and experience, personal situation (i.e., preferred shift, etc.). 19.2 Job Elimination In the event of job elimination, refusal to accept a reasonable transfer at the City's req uest will be interpreted as a termination. Layoff( s) of regular full-time employees must be approved through "out-of-guideline" channels. 20. Introductory Period for Employees Who are Promoted/Transferred An employee selected for promotion/transfer will enter an Introdllctory Period of not less than six (6) months to assess his/her performance. Police/Fire department introductory period is one (1) year. Completion of the Introductory Period will not result in a wage/salary review. Should the selected employee be unable to satisfactorily perform the duties of the new position, his/her supervisor will notify him/her. Two (2) levels of management and Human Resources will be involved in this process. Efforts will be made to place the employee in another position within the organization. Hovvever, ifno match is found, termination may occur. 21. Employment At-Will Nothing in this policy is to alter the employment at-will philosophy; which means the employee may voluntarily terminate employment with the City for any reason at anytime. Similarly, the City may terminate the employee's employment anytime for any reason, subject to the employees and employers rights afforded by law. Additionally, this document does not guarantee employment for a specific period of time nor does it apply to appointed positions under State Code. 22. Classification Plan All employees of the City of Meridian shall be classified in the position they hold with the City of Meridian in the following manner: 22.1 Elected officials. 22.2 Exempt employees not subject to merit testing or other selection criteria provided by this manual and compliance with Fair Labors Standard Act. 22.S Classified full-time employees subject to the testing and placement standards established by this personnel policy manual. 22.4 Part-time or casual employees exempt from placement standards cited herein. REVISIONS OF COMPENSATION POLICIES AND PRACTICES PAGE 11 OF 14 ( 23. Overtime Compensation- Compliance vvitl1 Fair Labor Standards Act All executive, administrative or professional employees who qualifY, as exempt employees under the Fair Labor Standards Act (FLSA) will be paid in compliance with the applicable code of federal regulations of the (FLSA). 24. Overtime Policy All non-exempt employees will be paid time and one-half (1 Y2 ) the regular rate for hours worked in excess offorty (40) hours per week. Overtime must be approved in advance by the employee's supervisor or when absolutely necessary (in case of an emergency). 25. f{eporting and Verifying Time Records I t is the responsibility of each employee to properly record time that he or she has worked during a payroll period. Each time sheet/ card shall bear the signature of the employee with a statement verifYing its accuracy and a counter signature by a supervisor indicating that the hours claimed were actually worked. These records shall be retained for at least four years follovving a pay period or the conclusion of an employee's service by the payroll officer (City Treasurer). Failure to carry out these duties may result in disciplinary action. 26. Work Period Employment with the City of Meridian is subject to the Federal Fair Labor Standards Act as previously described. Each employee is responsible for monitoring the status of hours worked in each work period. Overtime will be allowed only when authorized by an appropriate supervisor or when absolutely necessary in an emergency. The work week for all regular employees who are subject to the FLSA will begin at 12:00 (midnight) on Sunday of each week and concludes at 11:59 p.m. of the succeeding Saturday. For regular employees, hours actually worked must exceed forty in a work week, and premium compensation will be paid, or authorized compensatory time will be allowed to accrue, on the paycheck next following the work period during which it was earned. Sworn law enforcement officers and fire fighters are subject to the special exception for their respective professions (~ 207(k)) which allows establishment of their work period up to twenty eight days. Premium compensation is to be paid for qualifying law enforcement hours beyond 171 in a 28-day work period or for qualifying Fire Department hours beyond 204 in a 27-day work period. For these special exception employees, payment of premium compensation will be paid, or authorized compensatory time will accrue, on the paycheck which follows the conclusion of a 27-day work period by at least one week. Questions about overtime and compensatory time should be directed .to your supervisor or the personnel office. REVISIONS OF COrdPENSATION POLICIES AND PRACTICES PAGE 12 OF 14 Q"- - I . Payroll Procedures and Payday Employees are paid every month throughout the year. Paychecks are issued by the office of the City Treasurer on the last working day of each month. Paychecks compensate employees for work performed in the pay period. Paychecks are to be distributed at the workplace prior to 5:00 p.m. on pay day. I t is the obligation of each employee to monitor the accuracy of each paycheck received. Information shown on the employee's paycheck stub is provided for information only. The paycheck is generated by a computer program that does not have the capacity to think or to understand individual circumstances. Actual practices respecting the issuance of paychecks and allocation of employee benefits must be consistent with official policy of the entity. In the event of disagreement between the computer- generated paycheck stub and official policy as interpreted by the Mayor and City Council with the assistance of the City Treasurer, the policy shall prevail. 28. Compensation while Serving on Jury Duty or as Witness in Court Proceeding Leave will be granted to full-time employees called to jury duty or to serve as a court witness in accordance with City COllncil-adopted policy. Full pay vvill be provided during actual service. Fees received by an employee excluding mileage reimbursement shall be remitted to the City. 29. Military Leave Unpaid leave of absence vvill be granted for a maximum of fifteen calendar days to participate in ordered and authorized field training under the National Defense Act. Our public entity employment policy will comply with provisions of Idaho Code ~ 46- 224, et seq., or its successor, as those Code provisions govern leaves of absence for military service. so. Reduction in Force Employee assignments may be affected by reductions in force made due to economic conditions or to changes in staffing and workload. The Mayor and City Council reserves the right to make any changes in work force or assignment of resources that it deems to be in the organization's best interests. The Mayor and City Council may also specify at the time reductions in force are made what reinstatement preferences may accompany the reductions. Said reinstatement preferences may be tied to the classification of the employee or to specialized skills possessed by the employee. S 1. Payroll In accord with Idaho Code ~ 45-609 or its successor, no payroll deductions vvill be made from an employees paycheck unless authorized by the employee or required by law. REVISIONS OF COMPENSATION POLICIES AND PRACTICES PAGE 13 OF 14 ( ( 32. Travel Expense Reimbursement An employee on entity business shall be .reimbursed for expenses incurred in completing his/her work-related assignment in accord with the policies established by the Mayor and City Council. Each City employee is responsible for providing verified receipts for any expenses for vvhich reimbursement is requested in accord with Idaho Code ~ 31-1506 or its successor. 33. On-The-Job Injuries All on-the-job injuries shall be reported to the Human Resources as soon as practicable to allow fIling of worker's compensation claims in the proper manner. All on the job injury reports shall be completed by the Supervisor and employee and filed with Hllman Resources. If an employee is disabled temporarily by an On-the-job accident he shall be eligible for worker's compensation and shall not be charged with any vacation or sick leave time while away from his or her position. Return to employment vvill be authorized on a case-by-case basis upon consultation with the supervising official and the State Insurance Fund. Concerns associated with injured worker status may be brought before the chief executive for review. 34. Job Abandonment Any employee that does not report to work or is absent without notifying his/her supervisor for three (s) days/shifts will be terminated. P ASSE~Y THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of cem~ , 1999. 7-11: APP~ED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this of .e~~, 1999. 7~ day 7. ~ == ~ ~ Ojc::: "" 'J U '" ...... ~ "0 '&"'lS~ · .~ $ ~ ..:.1 ~ ~ "" .../ () \.<'. l' ....''- ....".J' QJ 'A"'~.J \V" /'>, v,,, ~ 1. \\\\ Illllllln I1'H\\\\\ REVISIONS OF C01\1PENSATION POLICIES AND PRACTICES PAGE 14 OF 14 RESOLUTION NO. 267 BY: Kelf-A ;j/}-~ Uiltj ~w.-~ A RESOLUTION FINDING THAT THE OWNERS, QUEENLAND ACRES, INC., THERON SCOTT, AND CAROL LOTSPIECH, OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED PLANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERI( TO NOTIFY AND PROVIDE A CERTIFIED COpy OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section I. Findings: 1. The owner, Queenland Acres, Inc., Theron Scott, and Carol Lotspiech, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed Plal111ed Use Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Coul1cil having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their cOlnments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and RESOLUTION - (CPA-99-006) - PAGE I OF 3 \ 3. The Real property which is the subject of this resolution is legally described as follows: A parcel located in the NE 1/4 of Section 24, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 (one-quarter corner) from which a brass cap monument marldng the northeasterly corner of said NE 1/4 bears N 89021' 19" E a distance of 2618.81 feet; Thence N 89021'19" E a distance of 1759.40 feet to a point; Thence S 3059'54" W a distance of 755.96 feet to a point; Thence S 89021'20" W a distance of 1706.67 feet to a point; Thence N 0000'05" W a distance of 753.53 feet to the POINT OF BEGINNING. This parcel contains 29.98 acres and is subject to any easements existing or in use. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed Planned Use Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RESOLUTION - (CPA-99-006) - PAGE 2 OF 3 Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSE~BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7-{i. day of IJ-e.ce~ /:re,J , 1999. APPROVED BX THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this L~ day of Mc.eh-v~ ,1999. :ss. City Cler]( STATE OF IDAHO, County of Ada, On this 1~ day of l.f!u.t~M~ , 1999, before me, the undersigned, Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., lmovvn to me to be the Mayor and City CIerI, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above vvritten. 14A'~ /P cfJ~ Notary Public for Idaho Residing at: '7L~ //-~~- r/ Y RESOLUTION - (CPA-99-006) - PAGE 3 OF 3 CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN A RESOLUTION FINDING THAT THE OWNERS, QUEENLAND ACRES, INC., THERON SCOTT, AND CAROL LOTSPIECH, OF CERTAlN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE IvIAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED PLANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE IvIAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE IvIAP COMPONENT AND DIRECTING THE CITY CLERI( TO NOTIFY AND PROVIDE A CERTIFIED COpy OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE NlAYORAND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The ovvners, Queenland Acres, Inc., Theron Scott, and Carol Lotspiech, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map change from a Single Family Residential designation to a Mixed Planned Use Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance vvith law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Lavv, Decision and Order Granting the Application; and (CPA-99-006) ( ( 3. The Real property which is the subject of this resolution is legally described as follows: A parcel located in the NE 1/4 of Section 24, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 (one-quarter comer) from which a brass cap monument marldng the northeast.erly corner of said NE 1/4 bears N 89021' 19" E a distance of 2618.81 feet; Thence N 89021119" E a distance of 1759.40 feet to a point; Thence S 3059'54" W a distance of 755.96 feet to a point; Thence S 89021'20" W a distance of 1706.67 feet to a point; Thence N 0000'05" W a distance of 753.53 feet to the POINT OF BEGINNING. This parcel contains 29.98 acres and is subject to any easements existing or in use. Section 2. The above descriqed real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed Planned Use Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. (CPA-99-006) Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ",H.n"""", :\,\\ f ~'III ' ,""", 0 . '1,7 ~ . ~ ,,~ ~.....- ~~ G ~0R.4); ~ -- ~ /{ ~ - ~ -# ~c. - t:--~~ f ~. 'William G. Berg, JI. ~ SEAL ~ty Clerk ~ ~ &':: ;. ~ ,~ .p g ~,,^ Us;r lS~ ' x.$' ~ ~A \'J.. ..... ........ , ~". " ,1.1", COU" r-.r-V ' ", II'^- N; l' \,-' ^ ~ tiT \ \ , STATE OF ID.tti""1.@i/HH n\\\~' : 55: County of Ada, O h. 1 ft~ d f I( · h 1999 b f n t IS ay 0 k V f! } IIVL.I{; P ..l. , In t e year , e ore me, , a Notary Public, appeared WILLIAM G. BERG, JR., l<.nown or identified to me to be the City Clerl( of the City of Meridian, Idaho, that executed the said instnlment, and acl<.nowledged to me that he executed the same on behalf of the City of Meridian. ,........~ ""..~ t). 0 ~ h.t , .... ~ <G' ! ~ . 'Or'" \ = ~^ ~OTA)(". I S(SrJ _.- * ! : * . l.C = ': ~PUB \..). · : \ ... c .: - .p~ ... .- ~ .. . ".~ "" ...... ~ .,' ms;,.pclJ<.'8'fA\??~..15360M\Queenland Acres\CertofClk.CP A ~."........"" ) aA~ h./ /1) I"(}/A-b(-L~ Notary Public for Idaho Commission Expires: J / -() d -0 t.,C (CPA-99-006) WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH KATHY J. EDWARDS JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD DAVID M. SWARnEY TERRENCE R. WHITE** 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680...1150 TEL (208) 288..2499 FAX (208) 288..2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653~024 7 TEL (208) 466~9272 FAX (208) 466~4405 Email viaInternet@wfg@wppmg.com · ALSO ADMITIED IN OR ..ALSO ADMIITED IN WA PLEASE REPLY TO MERIDIAN OFFICE December 8, 1 999 Williall1 G. Berg, Jr. MERIDIAN CITY CLERI( 33 East Idaho Meridia11, Idaho 83642 RECEIVED DEe - 9 1999 CITY OF MERIDIAN Re: PACI<ARD ACRES SUBDIVISION NO. I / FP-99-028 BY: PACI<ARD ESTATES DEVELOPMENT, LLC Dear Will: Regarding the above referenced lnatter, please find enclosed tl1e origi11al of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval a11d sig11ature by the Mayor and yourself. Please serve a copy of the ORDER llp011 the Applicant, with a Certificate of Service in the file and a copy to Plal111il1g and Z011i11g, Public W orl(5 and City Attorney. If you have allY questions, please give 11le a call. Very truly yours, ihJk Wm. F. Gigr , III 111Sg/Z:\'vV ork\M\Meridian IS360M\Packard Sub FPlats\BergrFP.L TR ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PACI<ARD ESTATES DEVELOPMENT, LLC FOR APPROVAL OF FINAL PLAT FOR PACI<ARD ACRES SUBDIVISION NO. I, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) FP-99-028 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursua11t to ~ 11-9-604 H Municipal Code of the City of Meridian on November 16, 1999, and tl1e Council finding that the Administrative Review is complete whicl1 l1as i11cluded certai11 comments and conditions as stated in a letter to the Mayor a11d COllncil from Bruce Frecldeton, listing 8 General Comments and 18 ~ite Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning a11d ZoniI1g Administrator, and Gary Smith, City Engineer, commented at the hearing, and Pat Tealey of Tealey's Land Surveying appeared on behalf of the applicant and testified, a11d the Council having considered the requirements of the preliminary plat the Council tal(es the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PACI<ARD ACRES SUBDIVISION NO. I" as evidenced in Plat bearing the Project No. 1408, and dated 08-11-99, Sheet I of 2, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PACI<ARD ACRES SUBDIVISION NO. I - I 1408PLTI.dwg, dmarlcs, Tealey's Land Surveying, Paclcard Estates Development, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Assistant to the City Engineer, dated November 15,1999, listing 8 Ge11eral Comments and 18 Site Specific Comments, a true and correct copy of which is attached hereto marlced Exhibit "A" and by this reference incorporated herein, with the additional requirements that: 1.1 Fire Chief, I(enny Bowers, requires that all commo11lots will need to be kept clear of trash and weeds; that there will be no parking of vehicles, trailers or trucks in the cul-de-sacs; that street name signs need to be installed before construction is started. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate performance bond has been isslled guaranteei11g the completion of off-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PACI<ARD ACRES SUBDIVISION NO. 1-2 By action of the City Council at its regular meeting held on the 16th day of November, 1999. Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. B Dated: , - ey\Z:\Work\M\Meridian 15360M\Packard Sub FPlats\FPOrderNo.l ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PACI<ARD ACRES SUBDIVISION NO. I - 3 Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Cjty Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-250 I PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Faz 887-1297 MEMORANDUM: November 15, 1999 To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer Re: Request for Final Plat for Packard Acres Subdivision No. 1 - 33 Single-family Lots on 12.42 Acres by Packard Estates Development, LLC We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless. expressly modified or deleted by motion of the Meridian City Council: GENERAL REOUIRE~NTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be piped per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Submit final letter from the Ada County Street Name Committee, approving the sulxlivision and street names. Make any corrections necessary to conform. 5. Coordinate fIre hydrant placement with the City of Meridian Public Works Department. 6. Sewer and water mains shall be extended to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided tQ keep the sewer lines on the south and west sides of centerline. 7. One hundred watt, high-pressure sodium streetlights will be required at locations designated by the. Public Works Department. All streetlights shall be installed at AZ-99-002 """..gc;...oo 3 Packard Aaes.fP.doc Mayor, Council and P&Z November 16, 1999 Page 2 subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations are determined after subdivisipn power design is complete. 8. Please be prepared to respond at the City Council meeting to each of these comments contained in this memorandum, and to follow-up in writing by the following Friday. Submit three copies of the revised final plat map to the Public Works Department. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plats and development agreement. 2. Applicant has indicated previously that the pressurized irrigation system within this development is to be connected to the existing system within Packard Subdivision. The common areas within the development will be a subject to City of Meridian water assessments for the domestic backup. 3. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. 4. The design of drainage areas shall ensure that water is retained only during major storm events for a maximum 24-hour period. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to any building permits being issued. Landscaping shall be installed prior to obtaining certificates of occupancy. 6. Applicant shall be responsible to construct a six-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 7. Please change the year of the plat to ''2000'' 8. Revise, delete or add the following notes: (7.) Add Lot 9, Block 5 to the list of HOA lots, and also dedicate a blanket easement over this lot for Public Utilities, Drainage, and Irrigation. (9.) ...shall be a minimum of -MOO 1.600 square feet in size... 9. The Land Surveyor preparing this plat shall affix their official stamp, signature and date to the Certificate of Surveyor. AZ-99-OO2 PP-99-004 Pacbrd Aaes.fP.doc ( Mayor, Council and P&Z November 16, 1999 Page 3 10. Add an easement across Lot 16, Block 2 for the conveyance of storm drainage to the retention pond located on Lot 15, Block 2. This easement will also need to accommodate an access road to the satisfaction of the Ada County Highway District, since Wingate .- Lane is exclusive. I 1. Add an arrow symbol to the plat legend that depicts front of house orientation. Place symbol on Lot 6, Block 1, toward E. Meadowgrass Street, Lot 6 & 1, Block 4, toward N. Hickory Way, and Lots 3 &4, Block 4 toward N. Bullock Avenue. These arrows are required because less than minimum street frontage is shown on the other lot side. 12. Provide a temporary turnaround at the end ofE. Challis Street. The Preliminary Plat map was approved with a fifty-foot radius "bulb" turn around on Lot 8, Block 5. This lot will remain un-buildable until such time as E. Challis Street is continued. 13. The lot dimension shown on the south side of Lot 1, Block 2 appears to be in error. The distance looks like it should read 430.34'. 14. Applicant has indicated in their preliminary plat response that they are seeking an encroachment agreement with Nampa & Meridian Irrigation District for the north ten-feet of the Stokesberry Lateral easement along the developments southern boundary. If encroachment is granted the lot lines shall be set at the encroachment line. . If the encroachment isn't allowed, Lot 2, Block 1 wouldn't meet the minimum. lot frontage requirements. A ten-foot wide easement for Public Utilities, Drainage, and Irrigation shall be provided along the southern boundaries of lots 2, block 1, and 2-5, block 2. 15. Provide ten-foot wide easements for Public Utilities, Drainage, and Irrigation on each side of the mid-block lines of Blocks 4 and 5. 16. Revise the E. Challis Street right-of-way width dimension adjacent to Lot 6, Block 5. 17. Detailed landscaping plans for all common areas, including species, size, quantities, and locations, must be submitted for approval to the Planning & Zoning Department prior to City Engineer signing Final Plat. 18. There was a preliminary plat condition that required the applicant to prepare a development agreement for review by staff and approval by City Council This development agreement was to be recorded prior to signature on the final plat by the City Engineer. My files don't have any information it them as to whether this was ever accomplished. ~ pp-99-(04 PacIwd Aacs.FP.doc MERIDIAN CITY COUNCIL MEETING: DECEMBER 7, 1999 APPLICANT: WOODBRIDGE COMMUNmES. LtC AGENDA ITEM NUMBER: o REQUEST: ANNEXAnON AND ZONING OF PARCEL "A" FROM IT TO SINGLE-FAMILY RESIDENnAL AND PARCEL uB" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OfFICE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY WATER DEPT: \ [ et~ n n '-,-, (V'~ b Cjl~ ~ '-./ (II cJi1 ~ CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: -$'--~'-~-- :;:.:~~~~==:=f::~:.:~;j;E:.;'"'3-~.J...- :::::",':'E%=: =~=.... =' ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: f f NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: AU Materials presented at public meetings shall become properly of the City of Meridian. SC(JJ.t' ~eL:.~tv-1Y' - ptcltJ:t;~ tr.f pl.(JiL<(,!^ ,0..... ~ ... ! .,i ! -, ) I;' a ~;: ~~r. -tIJ 'j - 1 1:'" . .) (A..., ( MERIDIAN CITY COUNCIL MEETING: DECEMBER 7 ~ 1999 APPLICANT: WOODBRIDGE COMMUNITIES~ LLC AGENDA ITEM NUMBER: o REQUEST: ANNEXATION AND ZONING OF PARCEL "A" FROM RITO SINGLE-FAMILY RESIDENTIAL AND PARCEL "B" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OFFICE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: ~ L ~-;. .f~~'!.~ ~' ~~-r_- ~,~- ~..,Y (~ ( v \.') ,-, --~-'\, { ~'/\ - :> ~ { ; L: .1-1 /t ./ IA (' ,'_ I ../ Lt...r ,.. L r \ . ~- CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( JUSTIN P. AYLSWORTH KATHY J. EDWARDS JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS. CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRuss ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD DAVID M. SWARTLEY TERRENCE R. WHITE** 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680..1150 TEL (208) 288..2499 FAX (208) 288..2501 (j I C /M~f} IZ-7-ctCj :!k--1i() WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW rv,:) 1 vrrJ.\....c. OVA .c.'t / NAMPA, IDAHO 83653~024 7 TEL (208) 466~9272 FAX (208) 466~4405 Elnail via Internet @.I wfg@wppmg.com $ ALSO ADMIITED IN OR $*ALSO ADMITTED IN WA PLEASE REPLY TO MERIDIAN OFFICE Rf]CEl \f~,; . December 3, 1999 DEe - 7 1999 CIrri OF IVllijiIDW~~ William G. Berg, Jr., City ClerIc MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: WOODBRIDGE COMMUNITY, LLC / ANNEXATION AND ZONING FINDINGS and the DEVELOPMENT AGREEMENT Dear Will: Please find enclosed tl1e original of tl1e FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING prepared as per instructiol1s froln the Council meeti11g of November 16, 1999, and which are on the agenda for December 7, 1999. I 11ave also attached the originals of the Resolution and Certificate of the ClerIc for the Developlne11t Agreement. I have also attached hereto the two Development Agreen1ent's for Parcel A a11d Parcel B for the above matter. Mter the Council meeting of December 7, 1999, if COll11Cil approves the Findings of Fact al1d Conclusions of Law for the above matter, then the Findings will need to be attached to each of the Development Agreements as Exl1ibit "B". Mter the Findings of Fact and Conclusions of Law and Decisiol1 and Order Granting Application for Annexation and Zoning have been adopted, please sublnit tl1e Development Agreements to the respective owners and developer for signatures. If you have any questions please advise. r ruly y. ITISg\Z:\ W ork\M\IV1eridian 1 5360M\W oodbridge Community\FFCL and DevAgtClk.ltr ( RECi;'~T'JI~Ij DEe - 7 1999 CITf OF LVlEltlDIA1\T 12-03-99 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF WOODBRIDGE COMMUNITY, LLC THE APPLICATION FOR ANNEXATION AND ZONING OF 80.83 ACRES FOR WOODBRIDGE COMMUNITY SUBDIVISION , PARCEL A LOCATED AT 450 S. LOCUST GROVE ROAD AND PARCEL B LOCATED AT 385 S. LOCUST GROVE ROAD, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-99-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above el1titled annexation and zoning application having come on for public hearing on November 16, 1999, at the hour of 7:00 o'clocl< p.m., and Shari Stiles, Plal111ing and Zoning Administrator, appeared and testified, and appearing al1d testifying on behalf of the Applicant was Pete O'Neal, and no one appeared in oppositio11, a11d having received the Recommendation to City Council of the Planning and Zoning Comlnission on this lnatter, and the City Council having duly C011sidered the evidence and the record i11 this lnatter therefore Inakes the followil1g FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 ( Findi11gs of Fact and Conclusions of Law, and Decision and Order: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Tudicial Notice: The Councilluay take judicial notice 'of governme11t ordi11ances, a11d policies, and of actual conditions existing within the City and State. Annexation: 1. The City of Meridian has authority to a11nex real property upon written request for annexation and the real property. being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Sectio11 50-222. The Municipal Code of the City of Meridian Sectio11 11-2-417 provides the City may annex real property that is within the Meridian Urba11 Service Planning Area which is desig11ated in the COluprehensive Pla11 City of Meridian adopted December 21, 1993, Ord. No. 629, January 4,1994, a11d as provided i11 ~ 11-2-417 C Revised and COlnpiled Ordinances of the City of Meridia11. 2. The City Council exercises its legislative authority in the annexation a11d zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65(1983). Prior to a11nexation the City Council shall request and receive a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 reCOlTIlUendation fron1 the Planning and Zoning Commission of proposed zoni11g ordinance changes for the area to be ann~xed in accordance with the notice and hearil1g procedures provided in Section 67 -6509, Idaho Code and concurrently or immediately following the adoption of an ordinance of annexation, the City COU11Cil shall all1el1d the Planning and Zoning Ordinance. [I.C. S 67 -6525J [s 11-2-417 A Revised a11d Compiled Ordinances of the City of Meridian. J Zoning: 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with t11e adopted Comprehensive Plan. [I. C. S 67 -6511 J. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [s 11-2-401 C Revised and COlnpiled Ordinances of the City of Meridian. J 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Z011i11g Ordinance" of the City of Meridian, Idaho, which provides for various zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 districts. [Title 11 Chapter 2 Section 400 et. seq. of the Revised and Compiled Ordi11ances of the City of Meridian. 5.1 The "Zoning Ordinance" provides a zoning district for Parcel A (R-4) Low Density Residential and for Parcel B (L-O) Limited Office which are defined as: [s 11-2-408 B 3 and S 11-2-408 B 7 Revised and Compiled Ordinances of the City of Meridian. ] Parcel A (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is lil(ely to occur in accord with the Comprehensive Pla11 of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a luaxilUUIU of four (4) dwelling units per acre and requires connectio11 to the Municipal Water and Sewer systems of the City of Meridian. Parcel B (1-0) Limited Office District: The purpose of the (L-O)District is to permit the establishlnent of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and siluilar uses. Research uses shall not involve heavy testing operations of any ldnd or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer betwee11 other more intense non-residential uses and high density residential uses, and is thus a tra11sitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 ( 5.2 The "Zoning Ordinance" provides for a "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and perlnitted accessory use. [s 11-2-407 A Revised and Compiled Ordinances of the City of Meridian] 5.3 The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [8 11-2-407 A Revised and Compiled Ordinances of the City of Meridia11.] 5.4 The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning a11d Zoning Commission and the City Council. [s 11-2-416 A-F Revised and Compiled Ordinances of the City of Meridian.] 5.5 The General Standards Applicable To Zoning Amendments include the followi11g [s 11-2-416 I( Revised and Compiled Ordinances of the City of Meridian]: 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Pla11 amendment; 5.5.2 Is the area i11cluded in the zoning amendment i11te11ded to be rezoned in the future; 5.5.3 Is the area included in the zoning amendlnent intended to be developed in the fashion that would be allowed under the new zoning - for exalnple, a residential area turning into commercial area by means of conditional use perlnits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets bee11 widened, new railroad access been developed or planned or adjacent area being FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance 'With the existing or intended character of tl1e general vicinity and that such use 'Will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5. 7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishluent of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and 'Will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equiplnent and conditions of operatio11 that 'Will be detrimental to any persons, property or the general welfare by reason of excessive productio11 of traffic, noise, smol(e, fumes, glare or odors; 5.5.10 Will the area have vehicular approaches to the property which shall be so designed as not to create an interferel1ce 'With traffic on surrounding public streets; 5.5.11 Will not result in the destruction, loss or dalnage of a natural or scenic feature of major importance; and 5.5.12Is the proposed zoning amendment in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. Development Conditions: 7. The City is authorized by I.C. S 67 -6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer malce a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at ss 11-2-416 L al1d if the property is annexed and zoned 11-2-417 D of the Revised and Compiled Ordinances of the City of Meridian. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 9. The development of the a11nexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirelnel1ts; Sectio11 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertai11s to pressurized irrigatio11 systems. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridia11. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The 110tice of public hearing on the application for al1nexation a11d z011ing was published for two (2) consecutive weel(s prior to said public hearing scheduled for November 16, 1999, before the City Council, the first publication appearing and 'Written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the 110tice of public hearing havi11g been posted upon the property under consideration more than one weel<- before said hearil1g; and that copies of all notices were Inade available to newspaper, radio and television stations as public service annOU11cen1e11ts; and the matter having been duly considered by the City Council at the November 16, 1999, public hearing; and the applicant, affected property owners, and governme11t subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 2. There has been compliance with all notice and hearing requireme11ts set forth in Idaho Code ss 67-6509 and 67-6511, and ssll-2-416E and 11-2-4I7A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title II, Municipal Code of the City of Meridian, and all current zoning luaps thereof, and the Comprehensive Plan of the City of Meridian adopted Decelnber 21, 1993, Ordi11ance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. Parcel A is approximately 80.83 acres and Parcel B is approxiluately 1.5 acres in size. Parcel A is generally located at 450 S. Locust Grove Road a11d Parcel B is located at 385 S. Locust Grove Road. The property is designated as Woodbridge Community, as defined in Exhibit "A", consisting of two pages, attached hereto as if set forth in full for Parcel A and Parcel B. 5. The owner of record of Parcel A is James F. Gri ffi 11 , of 450 S. Locust Grove, Meridian, Idaho and the owner of Parcel B is Snorting Bull Investme11ts, 385 s. Locust Grove in Meridian. 6. Applicant is Woodbridge Community, LLC, of 100 N. 9th St. Suite 300, Boise, Idaho. 7. Parcel A is presently zoned by Ada County as RT Rural Transitional FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 and is vacant, and Parcel B is Rl Single Family Residential, and consists of a single family residence. 8. The Applicant requested Parcel A be zoned as (R4) Low Density Residential and Parcel B as (LO) Meridian Limited Office. 9. Parcel A is located east of Locust Grove Road south of Gree11hill Estates north of Locust View Heights Subdivision and west of aluended Magic View Subdivision. Parcel B is located west of Locust Grove Road, east of Stonebridge Business ParI,. 10. Parcel A is bordered to the north by Greenhill Estates to the east by Magic View Estates and to the south by Locust View Heights and to the 110rthwest is Parcel B. Parcel B is surrounded by Stonebridge Business ParI, to the west, rural single family residential development to the north, the proposed Cobblestol1e village apartment complex is approxiluately 1,000 feet to the north at the southwest corner of Locust Grove and Franldin. The city limits of the City of Meridian are adjacent and abut to the west of Parcel B of the subject property. II. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urbal1 Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 Comprehensive Plan. 13. The Applicant proposes to develop Parcel A in the follovvi11g Ina11ner: construction and development of a 283 single family residential subdivision and to develop Parcel B. 14. The Applicant requests zoning of the subject real property for Parcel A as Low De11sity Residential (R4) a11d Parcel B as Limited Office (LO). 15. The application is consistent vvith the Meridian COlnprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. The follovving Comprehensive Plan policies are relevant to this application: Parcel B: 11.1 Economic Development Chapter - Policies 1.2 and 1.3 11.2 Land Use Chapter - Policies 4.5U, 4.8U, 5.8, 5.9, and 5.11 11.3 Transportation Chapter - This section of Locust Grove is curre11tly designated as a Minor Arterial on the Functional Street Classificatio11 map. Due to their required vvidth, Minor Arterials Inay serve as land use buffers for incompatible uses and boundaries between neighborhoods. On July 19, 1999, the APA Board moved the proposed Locust Grove/I- 84 overpass from the Destination 2020 Plan (soft projection) to the Transportation Ilnprovement Plan (hard planning doculnent). APA projects a dralnatic increase in traffic for Locust Grove south of Fra111<.lin when the overpass is constructed. 11.4 Community Design Chapter - Policy 2.lU FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 Parcel A: 11.5 Economic DevelopInent Chapter - Policies 3.1 U, 3.2U 11.6 Land Use Chapter - Policies 2.1 U, 2.2U, 2.3U, 6.3.c 11.7 Natural Resources and Hazardous Areas Chapter - Policies l.lU, 2.1 U, 2.5U, 3.1 U, 4.lU 11.8 Transportation Chapter - Policies 1. 6U, 1. 9U 11.9 Open Space. Parks & Recreation - Policies 3.1,5.3 11.10 Housing Chapter - Policies 1.3, 1.4, 1.7,1.12, 1.13l!, 1.18 11.11 Community Design Chapter - Policies 1.8, 5.2U 16. There are no significant or scenic features of major iInportance that affect the consideration of this application. 17. Giving due consideration to the comment received froIll the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expe11se upon the public if the following conditions of developInent are imposed and which restrict the use and development of the subject real property Parcel B: under and pursuant to conditional use permit process and the use and development of the subject real property; Parcel A: be subject to Planned Unit Development/Conditional Use Permit process. 18. It is found that if the developer pays for the requested iInprovelnent a11d FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 complies with the conditions set forth in these findings of fact, 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. 19. It is found that the development considerations which lTIUst be tal(en into account, in order to assure the proposed developluent is designed, c011structed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existi11g, or future neighboring uses, particularly considering the ilTIpact of proposed development on potential to produce excessive traffic, noise, smol(e, fUll1es, glare al1d odors, and can best be handled by requiring as a condition of developluent and use 011 said parcel that all developluent a11d use on and of the subject real property will be subject to a Parcel B: u11der and pursuant to conditional use perluit process and the use and development of the subject real property; Parcel A: be subject to Planned Unit Development/Conditional Use Permit process. 19.1 Parcel A: Ordinance No. 9-607.F. states that any conditions attached to a Final Development Plan for Pla11ned Developlnent projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 19.2 A Development Agreement will be required as a condition of annexatio11 for both parcels. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 80.83 acres for Parcel A be zoned as (R-4) Low Density Residential and Parcel B be zoned as (L-O) Limited Office, are granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 80.83 acres. The legal descriptions shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexatioll must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. The Owner and Developer of each parcel is to enter into a Development Agreelnent. There shall be a development agreement for parcel A and a developlnent agreelnent for parcel B. 3.1 Parcel B: under and pursuant to conditional use permit process and the use and development of the subject real property; Parcel A: be subject to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 Plan11ed Unit Development/Conditional Use Permit process. 3.2 The Development Agreement governing parcel A shall include and contain the following conditions that the use and development of the subject parcel shall be in accordance with a Planned Development/Conditional Use process. 3.3 The Development Agreements. Shall each contain provisio11S that the conditions imposed in the approval of the conditional use permit and/or planned development shall be included automatically as an alnendlne11t to the development agreement nunc pro tunc. 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 for Parcel A to (R-4) Low Density Residential and Parcel B to (L-O) Limited Office. (9 11-2-408 B 3 and 7 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public W orl(s Department shall prepare the appropriate mapping changes of the official boundaries and zoning lnaps as provided in 9 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please ta]<e notice that this is a final action of the governing body of the City of Meridian. Pursua11t to Idaho Code S 67-6521 an affected person is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 has an interest in real property 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. By action of the City Council at its regular meeting held on the day of /)eC-em~ 7-fh , 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED ttr:PFeJ- COUNCILMAN GLENN BENTLEY VOTE D-% tG COUNCILMAN I<EITH BIRD VOTED$Cc- COUNCILMAN CHARLIE ROUNTREE VOTED*fA.- MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: (2-- '7 - cr1 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Department and the City Attorney. By:~~J~ a ity Clerk t/ Dated: /2 -7-f9 InsglZ:\ W ork\M\Meridian 15360M\ Woodbridge C0111n1Uni ty\AZFfCIs SEAL ~ &- ~ G-rQ ,~ ^ ~ %"0 u8r lsi t ~ ! "/ ""~( ,,~ " /,.. a \V " //Ii; OUm'! t \\", 1IIIIltlHi tllH\\\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 r /lC ./ / .,/ AMENDED September 7, 1999 DATE: July 26, 1999 PROJECT: 98048 PAGE: 1 of 2 EXlfiBIT "A" BOUNDARY DESCRIPTION For ANNEXATION TO THE CITY OF MERIDIAN Two parcels of land situated in Sections 17 and 18, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: PARCEL A A parcel of land being the S~ of the NW~ of Section 17, described as BEGINNING at the north 1/16 corner common to said Sections 17 and 18 as shown on Record of Survey No. 1199; thence, along the exterior lines of said Sth of the NW~, through the following courses: 1) N.89030'51 "E., 2648.31 feet to the center-north 1/16 corner of said Section 17, thence; along the east line of said SVz of the NW~, 2) S.ooo07'39"E., 1328.47 feet to the center ~ corner of said Section; thence, along the south line of said NW ~ , 3) S.89029'53"W., 2651.27 feet to the ~ corner common to said Sections 17 and 18; thence, along the west line of said NW ~ , 4) N.oooOO'OO"E., 1329.23 feet to the POINT OF BEGINNING. CONTAINING 80.83 Acres, more or less. EXCEPTING THEREFROM the right-of-way for Locust Grove Road. PARCEL B A parcel ofland in the NE~ of the NE~ of Section 18, T.3N., R.IE., B.M., Ada County, Idaho, described as BEGINNING at the southeast corner of the northeast quarter northeast quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is south along the east side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet from a bronze cap marking the northeast corner of said Section 18; thence, 5) South 89 degrees 11 Vz ' West, along the south side of the northeast quarter northeast quarter of said Section 18 a distance of 438.7 feet to a steel pin; thence, H: \98048\Anncx-Desc.Doc DATE: PROJECT: PAGE: 6) 7) 8) July 26, 1999 98048 2of2 North 0 degree 55' East, 149.0 feet to a steel pin; thence, North 89 degrees 11 Ih' East., 436.3 feet to a steel pin; thence, South, 149.0 feet along the east side of said Section 18 to the REAL POINT OF BEGINNING. CONTAINING 1.5 Acres more or less H: \98 048 \A nne x- Dcsc. Doc lArnJDfAN PUBlIC WORKS DEPT. RESOLUTION NO. 275 BY: /U/IA j)/yL 61; t~ I/tytcd /hefh, 6?--- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYORAND CITY CLERI( TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AUTOMATIC AID AGREEMENT CITY OF BOISE, CITY OF MERIDIAN AND MERIDIAN RURAL FIRE PROTECTION DISTRICT". 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 CITY OF BOISE AND MERIDIAN RURAL FIRE PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "AUTOMATIC AID AGREEMENT CITY OF BOISE, CITY OF MERIDIAN AND MERIDIAN RURAL FIRE PROTECTION DISTRICT", a copy of which is attached hereto marked 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 Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CITY OF BOISE AND MERIDIAN RURAL FIRE PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "AUTOMATIC AID AGREEMENT CITY OF BOISE, CITY OF MERIDIAN AND MERIDIAN RURAL FIRE PROTECTION DISTRICT", a copy of which is attached hereto marl(ed as RESOLUTION FOR AUTOMATIC AID AGREEMENT CITY OF BOISE, CITY OF MERIDIAN AND AND MERIDIAN RURAL FIRE PROTECTION DISTRICT - PAGE 1 OF 2 Exhibit "A" to this Resolution and to bind this City to its terms and conditions. -1"- PASSED B~HE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7- day of t:ehv~ ,1999. APPRO~ BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7-0- day of L.ffn~ ,1999. ATTEST: RESOLUTION FOR AUTOMATIC AID AGREEMENT CITY OF BOISE, CITY OF MERIDIAN AND AND MERIDIAN RURAL FIRE PROTECTION DISTRICT -PAGE20F2 CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected ClerIc 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 o~odian <;>f its records and minutes and do hereby certify that on the 711- day of 0 'L..t'Jhf>e,v, 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERI< TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AUTOMATIC AID AGREEMENT CITY OF BOISE, CITY OF MERIDIAN AND MERIDIAN RURAL FIRE PROTECTION DISTRICT". 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 CITY OF BOISE AND MERIDIAN RURAL FIRE PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "AUTOMATIC AID AGREEMENT CITY OF BOISE, CITY OF MERIDIAN AND MERIDIAN RURAL FIRE PROTECTION DISTRICT", 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 CITY 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 CITY OF BOISE AND MERIDIAN RURAL FIRE PROTECTION DISTRICT, organized and existing CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 1 ;/ t I L pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "AUTOMATIC AID AGREEMENT CITY OF BOISE, CITY OF MERIDIAN AND MERIDIAN RURAL FIRE PROTE~TION DISTRICT", a copy of which is attached hereto marked as Exhibit "A" to this Re~wubion;Mnd to bind this City to its terms and conditions. ~\\ ".&. ~"J';;". ,,~.J V IIi ,,~ :.\"' 1-0(-. l(j~~ ~\ ~.// ~ ~ ~ ~ ~ SKAL ~William G. Berg, Jr. STATE OF ID~-%:~~ ~S1' ...R.~ J ~, ':if ~~~..~,~ ...... ~ ~J!; ~,J,~ ' \\,-, County of Ada, JII""" ".n'~\\\ 011 this {-If:. day of bu e~ ,in the year 1999, before me, t;'n~jb1.J {)q[ifr;~ , a Notary Public, appeared WILLIAM G. BERG, 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. ...... ..-'C. TJ .... ..~ ?:!----9~.. .~/~ 0 T4~;'~i. :~/~ ~'~~ -ttil .d..Ja. ~ \N- :00: ~ ~ Il(' :>: . I , . o \ / . . , / . · "A-_ . C I . ..dl~"~~HL~,,,:~O . · ~~--_.... P'?'.... ..~.coFID .+ ......... ~ ~ubliCfOrIdahO Commission Expires: q -'db ,-00 msglZ:\ W o rk\M\Meridian 153 60M\Fire Dept\CertOfClerkAUTO MATI CAIDAGMT CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN - 2 Meridian City Council Meeting December 7, 1999 Page 80 Corrie: Okay. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS B. FIRE CHIEF - KENNY BOWERS 2. AUTOMATIC AID AGREEMENT WITH THE CITY OF BOISE: Bowers: The next item is an automatic aid agreement between the City of Boise, the City of Meridian and the Meridian Rural Fire Protection District. Basically what the deal this is, is Boise City will come into our area out of Medicaid Agreement and help us at St. Luke's and also the Blue Cross building at this time. I was not able to get an original draft. I've tried all week, last week and this week to get an original so you guys could look at it also, but this is the draft that was sent to Bill Gigray. He has checked it out and he does not have a problem with it. Do you guys have any comments on it? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: Having heard the recent news broadcast about this particular item, I suspect it ought to have a no-whining clause in it. Bowers: Yeah. We would surely put that on the last page. Corrie: We never did find out what was going on, did we? Bowers: That really hit me along side the head. I wasn't ready for that. Rountree: I don't think any of us were, and I think it was uncalled for and just bad news day or something. I think we ought to explore that before we enter into this. I don't know when you're going to execute it, but (inaudible) - Bird: I agree with Charlie. I'd like to know where that come from. Rountree: But that kind of stuff, it doesn't do any of us any good. Bowers: Talking with Steve Dennis and also talking with Ran Ross on the subject, there's just too many stories that I can't figure out where it came from either, you know. Whether it came from somebody in our district was whining about it, and I don't - why would they do that because we're the ones that are getting the best part of this at this time of these agreements. Meridian City Council Meeting December 7, 1999 Page 81 Corrie: Yeah. Bowers: Excuse me. Corrie: Go ahead. Bowers: And also, we will not be responding to their area unless we are called for. The reason being, they have annexed now that big chunk of land through there, and that was north Ada Counties, and they will start hydrant, putting hydrants and water in that area right away, they said, by United Water. We will not have to take our tanker to their - but I still - we still need help, of course, at Blue Cross and St. Luke's. Rountree: It's a good deal for all of us. Bowers: I don't want to turn down free help. We did get slapped in the face. Corrie: I had a conversation with Mayor Coles, and he's - last conversation he hasn't been able to find out anything either. But you, we are still pursuing it. Okay. Any further discussion on the automatic agreemelJt Boise City and Meridian, Meridian Rural? Rountree: do we want to see a final version - Bird: (inaudible) Corrie: We need a Resolution, don't we? Resolution? Does this take a Resolution? Is there a final - is there a Bowers: Yes. Yes, it does. (inaudible discussion amongst Council members) Rountree: I guess my concern on it is all we have is something that's got "draft" on it. Bird: Yeah. All we got is something that says "draft." Rountree: Is it something we're going to want to change on their end - Gigray: (inaudible) indicate we've done one at one time. (inaudible discussion amongst Council members) Corrie: Any changes that you're aware of? i Meridian City Council Meeting December 7, 1999 Page 82 Bowers: No. Corrie: Well, it's up to Council whether they want to see the regular full draft or- Bird: There was no changes, Kenny, to the one we got in? Gigray: Point of information. Corrie: Mr. Gigray. Gigray: Mr. Mayor and members of the Council, if I could ask Chief Bowers, are we just kind of waiting for final approval from Boise? Because as I remember, we kind of decided, and you ran it by the Rural, and we were all copasthetic about what needed to be done, and then we were kind of getting some changes from Boise, and that was where I thought we kind of left it. Bowers: This was the final draft from Boise, and this is what they will approve of. Gigray: You could go ahead and authorize it tonight as long as the final draft looks like this, you're okay. We'll have to work with the Clerk's office, but he has this draft, so he can look - we can verify that with the Mayor if you're ready to go. Corrie: Okay. Then I'll - Bird: Resolution No. What's the Resolution? Berg: 275. Corrie: 275. Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve Resolution No. 275, the automatic aid agreement with the City of Boise by the Fire Department and for the Mayor to sign and the Clerk to attest. Bentley: Second. Corrie: Motion's made and seconded to approve the Resolution No. 275 by Mr. Bird, seconded by Mr. Bentley. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF QUEENLAND ) ACRES, INC. FOR A ) COMPREHENSIVE PLAN ) AMENDMENT TO CHANGE LAND) USE FROM SINGLE FAMILY ) RESIDENTIAL TO COMMERCIAL ) FOR THE SOUTH SIDE OF ) OVERLAND ROAD, 1/4 MILE ) WEST OF MERIDIAN ROAD, ) WESTWARD TO STODDARD ) ROAD, MERIDIAN, IDAHO ) ) 12-~ CASE NO. CPA-99-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP The above entitled application for amendment to the City of Meridian's C0111prehensive Plan Generalized Land Use Map havi11g cOlne 011 for public hearing before the City Cou11cil on the 3rd day of Novelnber, 1999, at the hour of 7:00 p.111., on said date at the Meridian City Hall, 33 East Idaho Street, Meridia11, Idaho, and appearing and offering testimo11Y was Shari Stiles, Planning and Z011ing Adlni11istrator, and appearing and testifyi11g was the Applicant/0W11er, Pam Lotspiech, and no 011e appeared in opposition, and the Council having received the record of this matter from the Planning and Zoning Commission, and having received the "Findings of Fact a11d Conclusions of Law and Decisiol1 and ReCOlTIlnendation" of FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 the Planl1il1g and Zoning Comlnission on this application, and having duly considered the matter, the City Council malces the following Findings of Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map. FINDINGS OF FACT 1. A notice of the tilne, place, a11d a summary of the proposed alnendlue11t plan to be discussed at the November 3, 1999, hearing was published fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the November 3, 1999, public hearing; and the public was given full opportunity to express COlnn1el1ts and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code S 67-6509. 3. The property which is the subject of the application for alnel1dmel1t is herein described as follows to-wit: A parcel located in the NE 1/4 of Section 24, Township 3 North, Ra11ge I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marldl1g the northwesterly corner of said NE 1/4 (one-quarter corner) froln which a brass cap Inonume11t lnarl<ing the northeasterly corner of said NE 1/4 bears N 89021' 19" E a FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 distance of 2618.81 feet; Thence N 89021'19" E a distance of 1759.40 feet to a point; Thence S 3059'54" W a distance of 755.96 feet to a point; Thence S 89021'20" W a distance of 1706.67 feet to a point; Thence N 0000'05" W a distance of 753.53 feet to the POINT OF BEGINNING. This parcel contains 29.98 acres and is subject to any easements existing or in use. 4. The Applicant is QUEENLAND ACRES, INC., of 1032 E. Cayn1an Drive, Meridian, Idaho. The Applicant filed a written Comprehensive Plan alnendlnent application. 5. Pursuant to the application, the affected property is generally described as a parcel on the south side of Overland Road approximately 1/4 mile west of Meridian Road, westward to Stoddard Road. 6. The application consists of twelve one-acre parcels a11d 20 acres of farmland for a total of approximately 30 acres, all of which are outside of the City limits but abut the City limits, with the one acre parcels currently zoned County Rl and the farmland zoned as County RT Rural Transitional. 7. The Meridial1 Plan11ing a11d Zoni11g COffilnissiol1 takes judicial110tice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 3 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 8. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. 9. The proposed application requests a Comprehe11sive Plan amendlnent to change the designation of the subject property from Single Family Residential to Commercial. The designation change requires an amendment to the Comprehensive Plan of the City of Meridian as requested by the Applicant. (City of Meridian COlnprehensive Plan, pg. 78-79). 10. The subject real property has 10 011e-acre parcels zoned R-I with residential rental houses and which are owned by the Applicant, these parcels have direct access to Overland Road and additionally there are 20 acres of farmland zoned as Ada RT Rural Transitional. The Meridian City limits abut the property on the east and the north. Water a11d sewer is available with extension of lines. The property is within the Meridian Area of Impact. 11. The conditions or situations which warrant a change being made from Single Family Residential to Commercial includes the fact that all of the adjoining property north of Overland Road is zoned C-G and is currently being developed into FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 commercial businesses. The existing property to the east is also zoned C-G. Overland Road is a minor arterial with a proposed 96-feet right-of-way. This would put the roadside within 23-feet of the existing residential houses. 12. The public need for and/or benefit from such a change in the Plan is it would be appropriate to have commercial property adjacent to Overland Road to provide a buffer from future residential use anticipated to the south. Controlled entrance of traffic to Overland Road could be planned. Freeway access is readily available to allow the public to reach future businesses. 13. No other solutions to the problem are presented by the current policy of the Plan that are possible or reasonable in that, directly north, existing businesses include Mountain View Equipment, Intermountain Pet Hospital, Roaring Springs Water Park, and Boondocks. Currently, Interstate Center has future plans for motel and restaurant development. It is not reasonable to expect this large, full-scale commercial development on the north side of Overland Road to be compatible with single-family housing on the south side. Title 67, Chapter 65, Idaho Code, will not allow zoning or annexation requests until the Meridian Comprehensive Plan is alnended. 14. The applicants do not plan to develop the property themselves, but they do have an interested buyer for a 7 -acre parcel on the west side of RoHo located FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 across from Roaring Springs Water Park. The purchasers plans include a planned RV parle for travelers visiting the water park. IS. Any commercial development would add to Meridian's future tax base and provide additional customers for existing businesses in Meridian. Costs would be ' paid by future impact fees, increase in tax base, developers, and future businesses. 16. The City has complied with the referral process with Ada County of the requested amendment of the Comprehensive Plan. 17. The Applicant filed a written application for Comprehensive Plan amendment with the consent and permission of the owners of the real properties which include Queenland Acres, Inc., Theron Scott and Carol Lotspiech. 18. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 19. The Planning and Zoning Commission has recommended to the City Council approval of an amendment to the City of Meridian Comprehensive Plan Generalized Land Use Map component for the subject real property from Single Falnily Reside~tial to Mixed Planned Use Development which will call for FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 commercial development along Overland Road, while giving the Planning and Zoning Commission, and the City Council, greater control over the uses that develop to ensure compatibility with surrounding development, and as an entryway corridor to the City of Meridia11. CONCLUSIONS OF LAW 1. The procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian require notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which is to be fifteen (15) days prior to the hearing; copies of all notices are to be made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code S 67-6509(b)). 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S 67 -6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 ordinance pursuant to Idaho Code S 67 -6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 _ 79 lnust be satisfied: A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Pla11 amendlnent wl1ic11 will contain the following; 4.B.l Specific definition of the cha11ge requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.BA The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 8 OF 15 DECISION AND ORDER AMENDING COMPREHENSNE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 4.B. 7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Commission may recommend amendments to the land use map component of the Comprehensive Plan to the City Council not more frequently than one every six (6) months. (Idaho Code S 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. The City Council may conduct a public hearing in addition to the public hearing conducted by the Planning and Zoning Commission as provided by Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using the same notice and hearing procedures as the Commission, only after having received the Recommendations from the Planning and Zoning Commission. Idaho Code S 67 -6509(b). 7. The Comprehensive Plan of the City of Meridian provides at page 79 in Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for the procedure to be followed by the City Council upon receipt of the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 9 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 Zoning COlnmission's recomn1endations to as follows: F: Upon receipt of the Planning and Zoning Commission's recommendations on Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the proposed amendments will be presented and the City Council will receive the report of is Committee, if one has been appointed, and public testimony on each application. G: At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreelnent of the applicant, an additional alllount of time, which shall be specified, may be taken). All applicants shall be notified by mail of the City Council's decision and the decision shall be supported by findings of fact and conclusions of law. If the City Council makes a material change in the proposed plan alnendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of law. H: All applications for Comprehensive Plan alnendments shall be acted upon by the City Council within 16 months from their date of filing unless, upon written agreement of the applicant, an additional amOllnt of time may be specified, or unless the provisions of Section (1) are applicable requiring additional time for study. 8. The Meridian Comprehensive Plan applies to the Meridian Area of City Impact and the coordination of amendments and zoning applications in the Impact Area are as follows: 1-11-6 Meridian City Code: Coordination of Amendments and Zoning Applications: "A. County and City Coordination: All applications for Ada County and FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 Meridian amendments to their respective comprehensive plans and implementing ordinances which apply within the area of City impact shall be sent by the e11tity considering such amendment to the other entity. A separate referral process shall be adopted by resolution by each entity regarding procedures and time periods for, and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City. B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant to subsectiol1 A of this Section." 9. To change a designation from Single Family Residential to Mixed Planned Use Development requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Ilnplelnentation Chapter COlnprehensive Plal1 Amendlnents Sectiol1. 10. Upon review of an amendment application affecting residential designations, the Council should take the following policies into account: 10.1 Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 10.2 Support strategies for the development of neighborhood parks within all residential areas. 10.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and e11hance its FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE II OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 quality of life for residents. 10.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHDILocal Improvement District pro graIns. 10.5 Encourage compatible infill development which will improve existing neighborhoods. 11. The requirements for a Comprehensive Plan are set forth in I. C. S 67- 6508. The statute provides in part that: "The plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. The maps and charts are based on the components of the written plan. " DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order that: I. The Applicant's request for Comprehensive Plan Amendme11t to the Generalized Land Use Map Component to change the real property described in Finding of Fact no. 3 from a Single Family Residential designation to Mixed Planned Use Development designation is granted. 2. The City Attorney is directed to prepare for consideration by the City FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 12 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 Council the appropriate Resolution directing the Comprehensive Plan Land Use Map Component change of the subject real property from Single Family Residential to Mixed Planned Use Development. 3. Subsequent to the passage of the Resolution, provided for in Section 2 of this Order, the engineering staff of the Public W orl<.s Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with this Order and the provisions of the Resolution. 4. The City Clerk is to notify and provide a certified copy of the Resolution to the appropriate Ada County officials to notify them of the COlnprehensive Plan amendment. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEEN LAND ACRES, INC. - CPA-99-006 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67 -6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the Comprehensive Plan Land Use Map change 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. 7-1" \. _By acti~n of the City Council at its regular meeting held on the - day of f)eCe/rl--~ ,1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED abJ-eJ COUNCILMAN GLENN BENTLEY VOTED ptA.- COUNCILMAN ICEITH BIRD VOTED fILA- COUNCILMAN CHARLIE ROUNTREE VOTED ~A...- FINDINGS OF PACT AND CONCLUSIONS OF LAW, PAGE 14 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED /2-7~99 DATED: MOTION: APPROVED: J)ISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public W orl(s Department, appropriate Ada County officials, and the City Attorney. By: Dated: /2--7-1'1 msglZ:\ W ork\M\Meridian I 5360M\Queenland Acres\FfCIDecOrdCP A - .... FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 15 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO MIXED PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006 RESOLUTION NO 279 BY: ketlh !d/l-L (] lrt edJWn cd Aa IV 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 "LEASE AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND VANCE JANICEIC. 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 VANCE JANICEIC, denoted as "LEASE 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 VANCE JANICEIC, entitled "LEASE AGREEMENT", by and between the City of Meridian and VANCE JANICEIC, 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. -->-~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7fA day of /JeaM-n~, 1999. - APPROVED ~y THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7tf day of ../Jece/?o-~ , 1999. \~ ATTEST: CITY CLERI( (-- \ CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I anl the duly appointed and elected ClerIc 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 *odian of its records and minutes and do hereby certify that on the 7t!- day of rf' fl1,~, 1999, the follovving action has been talcen and authorIzed: 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 uLEASE AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND VANCE JANICEIC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAH 0: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with VANCE JANICEI(, denoted as "LEASE AGREEMENT", a copy of which is attached hereto marl(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: I. The Mayor and Cler]( are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with VANCE JANICEK, entitled "LEASE AGREEMENT", by and between the City of Meridian and VANCE JANICEI(, a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \\\\\ Iltllllllll ,\\\\\Oc p,.1f:C"..IIII/ ~ ,,,...... -{ 1 .-J LU~ . ///~ ,-" :\ /4A "'l ~'c} ro?trOR.4r~ 'V ~ W~~~~ [t f ~v 6 '\ WILLIAM G. BERG, JR. f/ ~ SEAL ~ "Y [] - ~-':\ A.Q) 0 2 , ~'ll ~ , ~ -'1A vSr 15\ 1 ~ ~ / V ~. ~ "/....../ 0;1 ~"\ "....' //11, COVN""<-"'{ t \" , ,~/ I. r. l \ \ \ \ JJ//::;li n\'l\\' ( STATE OF IDAHO, ) 55. County of Ada, ) On this 1~ day of JCU/J1.6r-e. , in the year 1999, before me, 4/11-111 ;) ()yc,Ulrl- , a Notary Public, appeared WILLIAM G. BERG, 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 san1e on behalf of the ~y.ll~eridian. ~., o~::.......- ....~ .~ t). ".b.A-"~ ~ 4.'\. ~~ ~ ~ ~~ ~~ ~ ~~ ~" : ~. 1- . . is * 5 .* ,.. : ~VB\"\V E 'c. ~ .~r-~ ...~o ~ ., '" ... ''''.... 4f 1'J1 OF \'Q ~~~~" ~'.II,,'I" ms g'Z: \ W 0 r k\M \LVleri dian 15360 lv1.\P ar ks\Certi fCi kJ anicekAgm t ~vd~ Notary Public for Idaho Commission Expires:/ /.ct e2 -d~ , Meridian City Council N Jng December 7) 1999 Page 3 ITEM R. ITEM S. ITEM T. ITEM U. ITEM V. ITEM W. ITEM X. ITEM Y. ITEM Z. OVERLAND ROAD, ~ MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY BILL CLARK/CLARK DEVELOPMENT (TERRACE LAWN MEMORIAL)TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL - 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD: ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO.3 BY WIRT EDMONDS AND CRAIG GROVES - WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: ORDER OF DECISION OF DENIAL: APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: REQUEST FOR ONE-YEAR EXTENSION OF THE 11/17/98 APPROVAL OF THE FINAL PLAT FOR ASHFORD GREENS NO. 4 BY BRIGHTON CORPORATION - PORTION OF THE WEST }2 OF THE WEST % OF SECTION 3, T.3N., R.1W: ENGINEERING AGREEMENT - "NO NAME SEWER TRUNK": ENGINEERING AGREEMENT - FIVE MILE CREEK RELIEF SEWER PROJECT: ENGINEERING AGREEMENT - 1999 \NWrP TRUNK SEWER EXTENSION PROJECT: ENGINEERING AGREEMENT - 1998 SEWER MASTER PLAN ANALYSIS OF DEVELOPMENT CONCEPTS: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE- FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI-STORAGE FACILITY BY OVERLAND MINI- STORAGE,LLC:APPROVED Rountree: City Council meeting for the City of Meridian in order at 7:37. City Clerk, would you do roll-call. Welcome this evening. We have quite an agenda before us, but we hope to do away with about a page and a half of it in short order here. Bear with me. I'm substituting for the Mayor who is going to be gone Meridian City Council f.J .ing December 7 J 1999 Page 4 for a white this evening, I don't know how long. I'm the City Council President, Charlie Rountree. The first items on the agenda this evening is the Consent Agenda. Any discussion? Bird: I have none. Rountree: Mr. Bentley. Bentley: I have none. Rountree: I'll entertain a motion on the Consent Agenda. Bird: Mr. President. On the Consent Agenda, I move that Item L be tabled until the 21 S\ I believe, December 21 st. Rountree: January 4th. Bird: Okay. To January 4th. On the rest of it, I move that we approve the Consent Agenda with the Staff's comments from our Pre-Council meeting recorded, and that we have voice vote because we have some contracts involved here. Rountree: You all done? Do I hear a second? Bentley: Second. Rountree: It's been moved and seconded that we approve the Consent Agenda with tabling of Item L and including the Staff comments on the Items as discussed in the Pre-Council briefing. Voice vote; Councilman Bentley. Bentley: Aye. Rountree: Councilman Bird. Bird: Aye. Rountree: Councilman Rountree; aye. All in favor. The Consent Agenda is passed. MOTION- CARRIED: THREE AYES, ONE ABSENT ITEM 1. CONTINUE PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AN-D CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR '(Ac...........oi!fii.lIlS~f!j:ii~I:';:~~:I:::~~:f:)t' -.;:~t!~~ii:~tijTI{:~~iK)~;8~:I::::~ii;~~~~f:I:;::~~~@;1;:::ki.j~~:.:ji:j:~s~;!l....:~i~~:li.tt~W;fIi~!~f~;~{{{{tItI~j@irf~J~[~@~:::r:';.:-:>;.~:~;~:>(:~~~:D~.:.;.:-:.:-:._~;~{ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE JIM WATERS INSURANCE 1713 12TH AVE RD NAMPA, ID 83686 COMPANY A MUTUAL OF ENUMCLAW INSURED VANCE JANICEK 1965 E OVERLAND MERIDIAN, ID 83642 COMPANY B R,ECElVRT) --- - -4.J DEe 1 R 1q99 CITY OF MRRlllT A 7\T COMPANY C I COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMlDDIYY) DATE (MM/DDNY) LIMITS GENERAL LIABILITY --;t- X COMMERCIAL GENERAL LIABILITY II~ CLAIMS MADE [X] OCCUR FO 2 7 5 6 2 OWNER'S & CONTRACTOR'S PROT GENERAL AGGREGATE $1 , 000 , 000 PRODUCTS COMPIOP AGG $ o 3 - 2 2 - 9 9 0 3 - 2 2 - 0 0 PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ ~TOMOBILE LIABILITY THE PROPRIETOR! P ARTN ERS/EXECUTIVE OFFICERS ARE: OTHER RINCL EXCL COMBINED SINGLE LIMIT $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ AUTO ONLY EA ACCIDENT $ OTHER THAN AUTO ONL Y: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ I WC STATU- I IOTH- TORY LIMITS ER EL EACH ACCIDENT $ EL DISEASE POLICY LIMIT $ EL DISEASE EA EMPLOYEE $ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS ~RAGE LIABILITY ANY AUTO EXCESS LIABILITY I UMBRELLA FORM I OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERA TlONSlLOCA TIONSNEHICLES/SPECIAL ITEMS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF MERIDIAN C/O WILL BERG 33E IDAHO MERIDIAN, ID 83642 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE JAMES E WATERS .:fCliYlI!4 E . .~ .A9QRgi?~~~::~1~111:::~:::::m:.:~1:mMI':.:f@:!M:~lm@;~ril:l~::ila@.1::.1:U:M:.;:..::::.1.:Ji:;lt::lrI11IH~;::tIlt1::::I~I.!tI!mrmll:I~4ggQQ1:PQ~A;r~QNj.~~~;: MERIDIAN CITY COUNCil MEETING: DECEMBER 7, 1999 AGENDA ITEM NUMBER: E APPLICANT: REQUEST: LAND LEASE WITH VANCE JANICEK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS ~ rL ---r ; c l!- ~L/ V ()/n/)./ 0 tJVfl -fo ~rr~ ~ aFY'" ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: t!/.~1q V1-- II J> ~ 1 'd ~' of( f {LI- J ~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, JI. / I Wm. F. Gigray, III N rV Lease Agreement with Vance Janicek RECEIVED DEe - 9 1999 CITY OF MERIDIAN From: Subject: Date: December 9, 1999 Will: Please find attached the revised original Lease Agreement with Vance Janicele, which has been corrected due to a telephone discussion with Vance Janicel<. on todays date. Please note that number 9 has been changed to read: LIEN: Lessee shall not cause any kind of lien to attach against the leased preluises. This langtlage clarifies that the lien would be against the leased prelnises al1d 110t the crops. If you have any questions please advise. lTISglZ:\ W ork\M\Meridian I 5360M\Parks\Berg 120999 .Meln ( interoffice MEMORANDUM To: William G. Berg, Jr. 0t From: Wm. F. Gigray, III Subject: LEASE AGREEMENT WITH VANCE JANICEK Date: December 3, 1999 Will: Please find attached the original Lease Agreeluent, Resolution a11d Certificate of Clerk for the above matter. This agreement has been placed upon the Deceluber 7, 1999, City Councillueeting for their approval. If you have any questions please advise. msglZ:\W ork\M\Meridian 153 60M\Parks\Clerk1203 99 .Mem o~ f~Y rf~. LEASE AGREEMENT City of Meridian (owner) agrees to lease to Lessee, Vance Janicele, 888- 6619, 1965 E. Overland Road, Meridian, Idaho 83642 the herein described real property on the terms and conditions hereinafter set forth. 1. LEASED PREMISES: The following described premises: Parcel NUluber Sl120244600 located in the City of Meridia11 (4.1 acres) luore particularly described as follows: A parcel of land lying in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridia11, Ada County, Idaho, more particularly described as follows: Commencing at the north 1/4 corner of Section 20, T3N, RIE, BM, thence S 0024'16" W 2,334.43 feet along the east li11e of the NW 1/4 of said Sectio11 20 to the Real Point of Beginni11g of this description; Thence S 00024'16" W 311.00 feet to the southeast corner of the NW 1/4 (center 1/4 corner); Thence S 89055'58" W 562.00 feet along the south line of the NW 1/4 to a point; The11ce N 00024' 16" E 311.00 feet along a line parallel with the east line of the NW 1/4 to a point; The11ce S 89055'58" E 562.00 feet along a line parallel with the south line of the NW 1/4 to the Real Point of Beginning of this description. Said parcel of land contains 4.01 acres, more or less. 2. TERM: TerlTI shall be for one year, 2000 crop season (excluding mint) beginning 1 st day of January, 2000 and concluding the 1 st day of November, 2000. Premises include the following eqlliplne11t a11d furnishings: None - water assessment #1069L Nalnpa & Meridian Irrigation District. LEASE - 1 ( ( 3. RENT: Lessee agrees to pay, without deduction or offset, the Stirn of $320.00 rent for said four (4) acres of the property, due arld payable on the 31st August, 2000. 4. SECURITY DEPOSIT: As a consideration for the executioIl of this agreement by Owner, Lessee agrees to pay a Security, Cleani11g, a11d Dalnage Deposit of $ 0 , all of which shall be refundable withi11 thirty (30) days after vacating; provided the following conditio11s are nlet; (A) premises are left in clean, rentable conditio11; (B) no dalnage has occurred to prelnises; (C) all other terms and conditions of t11is arrangemerlt are satisfied. 5. UTILITIES: Owner agrees to pay irrigation charges. 6. SUBLET: Lessee shall not assign, transfer, let or sublet all or any part of the premises without the prior written consent of the Owner. 7. LIABILITY: Owner does not aSSUlne any liability for personal property owned ancl/or stored on premises covered by the arrangelnent. 8. ALTERATION: Lessee will not make any permanent ilnprovelnents or alteratio11s to the premises without written permission frOITI the Owner. All improveluents to the property will become the property of the Owner upon termination of this Rental Agreelnent. 9. CROP LIEN AND/OR FARM LABORERS' LIEN: Lessee shall 110t cause any crop lien, labor lien, or any other ldnd of lien agail1st t11e premises. 10. ASSIGNMENT PROHIBITION: Lessee shall 110t assig11 this lease without prior written permission of the City Council of the City of Meridian. II. INSURANCE: Lessee shall maintain, at all times, insurance coverage for liability for the premises during the tenn of the lease in an alTIOunt not less than the amount of liability under State of Idaho Tort Clai111 law, presently codified at Idaho Code S 6-926, or as it may be anlel1ded and Lessee shall also Inaintain worleer's compensation insurance in the amount required by Idaho law, and a Certificate of Insurance evidencing LEASE - 2 such insurance coverages shall be provided by Lessee to the City CIerI, to be on file with the ClerIc's office during the term of the lease. 12. SPECIAL PROVISIONS: Lessee will be responsible for all irrigation ditches and fence maintenance. Lessee will also be responsible for noxious weed control on the subject property. IN WITNESS WHEREOF, the parties hereto have execllted this Agreelnent i11 duplicate the day and year first above written. City of Meridian Vance Janicek "Lessee" ATTEST: City ClerIc LEASE - 3 ACICNOWLEDGMENT STATE OF IDAHO :ss County of Ada On this _ day of , in the year , before 111e, the u11dersigI1ed, a Notary Public, personally appeared Robert D. Corrie, lG10Wl1 or identified to me to be the Mayor of the City of Meridian, who executed the instrulnent or the person that executed the instrulnent on behalf of said lTIunicipality, al1d aclG10wledged to me that such municipality executed the same. (SEAL) Notary Public for Idaho ComlTIission expires: STATE OF IDAHO :ss County of Ada On this _ day of , in the year , before me, the u11dersig11ed, a Notary Public, personally appeared Vance Ja11icele, lG10wn or ide11tified to lne to be the person whose name is subscribed to the within instrument, and aclmowledged to me that he executed the same. (SEAL) Notary Public for Idaho COlnmission expires: ey/ 153 60M/Z:\ W ork\M\Meridian 1 5360M\Parks\J anicekPR.Lse.wpd LEASE - 4 interoffice MEMORANDUM To: M~y?r Robert D. Coni~ ',0\1 C.,I'm WIllIam G. Berg, Jr., CIty rterk\nOR\~~1 I~' ,7\\ u" \" f.> ~ ~ 0' I :> "'7 \ \ 9 ~ \ \" {"', . . . I I , , -. _ ,.... I 1"\ f\l - -. I J 1'\ '- U -; .., oJ -!j r, U \ 0 \ \j. \ ....1 , \ _' "v , l\. V J \ \ \ I i..J 1" \";j-\ , Wm F Gigray III 5L.\~\ 1~' C'- -rO 1\\10\0 ,j\..- " , \-\ \ S )\ B S '2. N I:. \ ~\ , SW AAe REPORT TO CITY COUNCIL - NEW ORDINANCE: SOLID WASTE COLLECTION SERVICES From: Subject: Date: August 4, 1999 Mayor Come. and Will: Please find enclosed the proposed ordinance which repeals the existing Solid Waste Collection Services Ordinance and replaces those provisions with a new ordinance. The Committee seeks the City Council's consideration of this ordinance at its first convenience. I anticipate that a presentation by committee member(s) can be made at the time the Council considers this ordinance. If the Council passes the ordinance, we will prepare a Notice of Published -Summary for publication of the ordinance. - Also, if this ordinance passes, the Mayor and Council should review the proposed provisions of Section 4-110 to determine if it has staffed a Board of Adjustment to perform the functions of this section. , ' I further report that in the event this ordinance passes, the City Attorney's office will then direct its attention to revising the contract with the franchise holder. cc: SW AAC Committee Members File ms g/Z: \ W ork\M\1vl en d ian 15360 M\S W AA C\M a yorc i tyCl kG? 2399. mem interoffice MEMORANDUM RECEIVED NOV 3 0 1999 CITY OF' MEfiIDIAN To: Mayor Robert D. Corrie William G. Berg, Jr., City Clerk DICTATED BY ATTORNEY A.ND Wm. F. Gigray, III SENT \\'ITHOUT SIGNt\TURE IN HIS ABSENCE TO AVOiD DELAY SW AAC REPORT TO CITY COUNCIL - NEW ORDINANCE: SOLID WASTE COLLECTION SERVICES From: Subject: Date: November 30, 1999 Mayor Corrie and Will: Please find enclosed the proposed ordinance which repeals the existing Solid Waste Collection Services Ordinance and replaces those provisions with a new ordinance. The Committee seeks the City Council's consideration of this ordinance at its December 7, 1999, meeting. I anticipate that a presentation by committee member(s) can be made at the time the Council considers this ordinance. If the Council passes the ordinance, we will prepare a Notice of Published Surmnary for publication of the ordinance. Also, if this ordinance passes, the Mayor and Council should review the proposed provisions of Section 4-110 to determine if it has staffed a Board of Adjustment to perform the functions of this section. I further report that in the event this ordinance passes, the City Attorney's office will then direct its attention to revising the contract with the franchise holder. cc: SW AAC Committee Members File msg/Z:\Work\M\Meridian ] 5360M\SW AAC\MayorCityClkI13099.mem ( RECEIVE..'-...~~ _d U DEe 1 4 1999 CI'Iry OF MERIDWT interoffice MEMORANDUM Subject: William G. Berg, 1tiiClf\IED BY f\nOR~:E,{ ~;~~N . ~ENl V~\1HO\.n S\G;\A1U;E\18 Wm. F. Glgray, IL\-\\S l\'bSENCE 10 ?\lJO\D ORDINANCE NO. 850 To: From: Date: December 13, 1999 Please find attached a corrected Ordinance No. 850 pertaini11g to tl1e appointlne11ts by the Mayor, as approved by Cou11cil at their December 7th meeti11g. This corrected version has added the HUll1a11 Resources Director in the title. Please replace this revised Ordinance with the one you previously had in your possessio11. If you have any questions please advise. msgJZ:\ W ork\M\Meridian 153 60M\Codificati on\Clerk 1 2 13 99 .Mem CITY OF MERIDIAN ORDINANCE NO. 8!iO AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 1, CHAPTER 8 OF TITLE I, MERIDIAN CITY CODE BY PROVIDING IN ADDITION FOR THE APPOINTMENT BY THE MAYOR OF THE PLANNING AND ZONING ADMINISTRATOR, PUBLIC WORI(S DIRECTOR, PARI(S AND RECREATION DIRECTOR, AND HUMAN RESOURCES DIRECTOR, AND DELETING APPOINTMENT OF CITY PUBLIC WORI(S SUPERINTENDENT, AND THE REFERENCE TO ASSISTANTS. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO: SECTION I: That Section 1 Chapter 8 of Title 1, Meridia11 City Code be, and the same is hereby amended to read as follows: 1-8-1: APPOINTMENTS BY MAYOR: A. Specific Appointments: The Mayor, with the consent of the City Council, shall appoint a City ClerIc, City Attorney, Cityr Public ~\^lorks SupcrintcndcI'Lt, City Planning and Zoning Administrator~ Public Worles Director~ Parl(s and Recreation Director~ Huma11 Resources Director~ Chief of Police, Chief of Fire Departlnent ftflti .L\ssistants and City Treasurer. B. Offices Hereafter Created: The Mayor, by and with the consent of the City Council, shalllnake appointments to all City offices now existing in the City which have not been in this Chapter specifically named and which may be hereafter created from tilne to time by the City Council. SECTION 2: All ordinances, resolutions, orders or parts thereof i11 conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordina11ce independe11t of the elimination herefrom of any portion as may be declared invalid. ORDINANCE - PAGE 1 ( ( SECTION 4: DATE OF EFFECT: This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. P~Ep BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7-8. day of &C-~/l1bef-, 1999. APPRO~~ BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7-f.:.5: day of 4f!t!-etn/;;-ev , 1999. SE.l\~L __ 7~ &:: ~ Q ,OJ 0 :::: ~..,o us, 181 t ~'''.$ "/,.., ~~'1 ~,. " ,-:"'0 ~.....' ~/I \ OUN-/'( t ,.....,' 1,,/ ~ \\\\ If/iIlnJ ~\\n\\\ ey/Z:\ W ork\M\Meridian 15360 M\Codifica tion \PZAdminAppt. Ord Jb~~~l~ City Clerk ATTEST: ORDINANCE - PAGE 2 [' \ ORDINANCE NO. 85/ AN ORDINANCE OF THE CITY OF MERIDIAN RELATING TO SANITARY SERVICE SYSTEM, REPEALING CHAPTER 1, TITLE 4 OF THE MERIDIAN CITY CODE; PROVIDING FOR A NEW CHAPTER I, TITLE 4 OF THE MERIDIAN CITY CODE TO BE I<NOWN AS "SANITARY SERVICE SYSTEM"; PROVIDING FOR DEFINITIONS, ESTABLISHING A RESPONSIBLE AUTHORITY FOR THE ENFORCEMENT OF THE PROVISIONS OF THE CHAPTER; PROVIDING FOR COMPULSORY USE SOLID WASTE COLLECTION; PROVIDING FOR SOLID WASTE. COLLECTION, TRANSPORTATION AND DISPOSAL AND MAIGNG IT UNLAWFUL TO CONDUCT SUCH BUSINESS WITHOUT A FRANCHISE; PROVIDING THAT IT IS UNLAWFUL TO ACCUMULATE SOLID WASTE AND DECLARING IT TO BE A PUBLIC NUISANCE; PROVIDING FOR REGULATION OF WASTE RESULTING FROM CONSTRUCTION ACTIVITIES AND COMPOST PILES; PROHIBITING OPEN BURNING AND DUMPING OF SOLID WASTE; PROVIDING FOR THE REGULATION OF THE LOADING OF CONTAINERS; PROVIDING THAT IT IS UNLAWFUL FOR CUSTOMERS TO DEPOSIT PROHIBITED WASTES NOT IN COMPLIANCE WITH THE ORDINANCE; DEFINING AND MAIGNG THE THEFT OF COLLECTION SERVICES UNLAWFUL; PROVIDING THAT IT IS A VIOLATION OF THE ORDINANCE FOR PERSONS TO DISCARD SOLID WASTE IN SPECIFIED LOCATIONS SUCH AS STREETS, ALLEYS, VACANT LOTS, ETC.; PROVIDING FOR THE REGULATION OF THE STORAGE OF SCRAP TIRES; PROVIDING FOR SPECIAL HANDLING OF SOLID WASTE MATERIALS, PRESCRIBING COLLECTION FREQUENCY; PROVIDING FOR A BOARD OF ADJUSTMENT AND ITS AUTHORITY TO PRESCRIBE RULES AND REGULATIONS AND TO ADJUST RATES; PROVIDING FOR THE REGULATION OF COMMERCIAL, RESIDENTIAL, AND MULTI-FAMILY PREMISES SERVICE; REQUIRING A SITE PLAN FOR COMMERCIAL OR MULTI-FAMILY NEW CONSTRUCTION OR REMODELS; PROVIDING FOR COLLECTION FEES AND A METHOD OF COLLECTION AND DISPOSITION OF FEES; PROVIDING FOR A RIGHT-Of-ENTRY TO PREMISES FOR INSPECTION; PROVIDING FOR FRANCHISEE LICENSING; CONTRACTING AND BONDING OF ALL SERVICES PERTAINING TO SANITARY COLLECTION AND DISPOSAL OF SOLID WASTE; AND PROVIDING FORAN EFFECTIVE DATE. Page 1 of 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION I: That Chapter 1 of Title 4 of the Meridian City Code, be, and the same is hereby repealed. SECTION 2: That Title 4 of the Meridian City Code, be, and the same is hereby amended by the addition thereto of a new Chapter I, to be ]<nown and designated as Chapter I, Title 4, Meridian City Code, and to read as follows: CHAPTER I SANITARY SERVICE SYSTEM 4..101: DEFINITIONS: (A) Ada County Highway District (ACHD) shall mean the Ada County Highway District, a county wide highway district of Ada County, Idaho, duly formed and existing under Chapter 14 of Title 40, Idaho Code. (B) Bulky Waste shall mean waste materials intended for landfill disposal, except for major appliances; with sizes, weights or volumes greater than those allowed for trash containers, such as water tanles and furniture. Bulley waste does not include construction debris, dead animals, hazardous materials, or animal stable matter. (C) City shall mean the City of Meridian, Idaho. (D) Commercial premises shall mean business, industrial, and institutional premises and activities, as distinct from residential or multi-family premises. (E) Customer shall mean an occupant or owner of any premises, including household, apartment, business, institution or other establishment in the City for which solid vvaste service is, or has been, provided. (F) Franchisee shall mean any person authorized by the City of Meridian, or employed by Page 2 of 22 the City of Meridian to collect, handle, transport and dispose of solid vvaste and/or recyclable materials and who has executed a Franchise Agreement with the City of Meridian. (G) Hazardous Materials or Wastes shall mean any chemical, compollnd, mixtltre, substance or article vvhich is designated by the United States Environmental Protection Agency or appropriate agency of the state to be a "hazardous waste" or "hazardous substance" as those terms are defined by federal or state law. (H) Inspector shall mean the authorized employee or employees of the City of Meridian or some individual designated by the City Council as having the duty of enforcement of this Chapter. (I) Multi-Family Premises shall mean multi..family structures vvith two (2) or more dvvelling units, condominium complexes of all sizes, mobile home parI,s or manufactured housing communities, clusters of detached homes and duplexes where owners choose centralized solid waste collection in containers provided by the Franchisee rather than individual solid waste can service. Multi-Family does not include dwelling hotels, motels, hospitals, nursing homes, or other congregate housing, care, or institutional facili ties. (J) Occupant shall mean the person in possession, charge or in control of any unit in a multi-family premises, residential premises, commercial premises or other premises where solid waste is created or accumulated. (Ord. 375, 7 -7 -80) (I() Overlo(lding shall mean exceeding the container weight capacity or allovvance, allowing objects to protrude outside of the container, or stacldng objects against the container. (L) Owner shall mean the person owning the real property vvhere solid waste is created or accumulated. (M) . Person shall mean any person, firm, partnership, association, institution, limited liability company, corporation, trust and/or any other legal entity whether for profit or nonprofit, public or private, and in the plural as well as singular. (Ord. 95, 6..2..58) (N) Prohibited waste includes any wastes that have any of the following general ch ar acte risti cs: a. extreme temperature; b. harmful vapors; c. the presence of corrosive, flammable, explosive or toxic chemicals; d. any materials with physical or other properties vvhich render collection operations hazardous; or e. any materials which create a risl( to the environment or public health Page 3 of 22 and safety. In addition to vvastes with the general characteristics described above, prohibited vvastes include: a . Liquid wastes, both bulle and contain~d; b. Tires; c. Any material regulated by the State of Idaho or the United States Environmental Protection Agency (40 CFR 260 - 268) as hazardoltS waste; · d. Any equipment or machines containing refrigerants; e. Infectious wastes generated from business sources such as hospitals, clinics, medical, surgical, dental, nursing homes, veterinarian offices, and laboratories. Generators of infectious waste are required to sterilize, package, or otherwise process the infectious waste so that it may be collected without hazard to collection personnel and the general public; and f. Dead animal remains in an amount exceeding twenty-five (25) pounds, excluding animal carcasses if brolcen down and placed into plastic solid waste bags and into a lidded, air and water-tight container. (0) Putrescible Waste shall mean wastes that can decay and stinlc or become putrid. (P) Residential Premises shall mean a separate dwelling or residential unit in the city occupied by a person or group of persons which may be in a single family residence, mobile home, manufactllred home, condominium, duplex or multiplex where solid waste is placed and collected in solid waste containers and/or recyclable materials are placed and collected in recycling containers located at the curb or alley. Each separate dwelling unit shall be considered a separate residence for solid waste service and billing purposes. (Q) Solid Waste shall mean all materials discarded for disposal, putrescible and non-putrescible solid and semi-solid waste material including solid waste, rubbish, demolition and construction wastes, industrial wastes, vegetable solid and semi-solid wastes, dead animal remains in amounts not to exceed twenty-five (25) pounds, reusable or recyclable material, bulley goods, and other discarded solid and semi-solid wastes. (R) Vector shall mean an organism that can transmit disease. 4..102: RESPONSIBLE AUTHORITY: The Chief of Police of the City of Meridian and such other persons as may be appointed by Page 4 of 22 the Mayor and Council, shall be responsible for the enforcement of the provisions of this Chapter and other duties as the City Council may prescribe, and there shall be designated as a member of the Police Department, a Sanitary Inspector, who shall enforce the same under the supervision of the Chief of Police. 4-103: COMPULSORY USE REQUIRED: (A) In order to maintain the public health, safety, and aesthetics of the city, all owners and/or occupants are required to pay for, and are provided, solid vvaste collection servi ces. (B) Provided, further, that in areas in the City where the collection of solid waste on the schedules hereinafter set forth would be impracticable, the City Council may issue a special permit altering the time and extent of collection. 4-104: SOLID WASTE COLLECTION: There is hereby established a system of solid waste collection, transportation and disposal. It shall be unlawful for any person to engage in the-business of collecting, transporting, hauling} or conveying any solid waste over the streets or alleys of Meridian, or to dump or dispose of the same, unless and until such person has a franchise, license, or contract as an authorized representative of the City of Meridian. 4-105: PROHIBITIONS: (A) ACCUMULATION OF SOLID WASTE: 1. It is a violation of this chapter for any person to permit or to suffer to accumulate in or about any yard, lot} place or premise, or upon any street, alley or sidewalk. adjacent to such lot, yard, place or premise owned or occupied by such person} any solid waste so as to cause such yard, lot, premise, or the street} alley or sidewalk. adjacent thereto} to be or remain in such condition as to cause or create a nuisance or offensive odor or atmosphere or vector harborage, or thereby to be or to become, or cause or create, a public nuisance, within the limits of the City of Meridian. Any such unauthorized accumulation or collection is declared a nuisance and prohibited. 2. Waste resulting from construction activities may be collected within an active site. The waste shall be managed and maintained in such a manner that it will not be blovvn, washed or carried to adjacent properties. All wastes must be removed and disposed properly from the site prior to the end of the construction project. Page 5 of 22 3. Compost piles may be maintained for fertilization purposes and matter used for fertilization purposes only may be transported, Icept and used, provided, that the same shall not be maintained so as to cause a condition of odor and/or site visibility and/or other conditions relative to insects or disease that effects neighboring properties, causes harmful vapors or constitllte a risk to the environment or public health and safety. (B) BURNING AND DUMPING: It is a violation of this chapter for any person to burn, incinerate, bury, dump, or in any other manner dispose of solid waste within the limits of Meridian. (C) OVERLOADING CONTAINERS: It is a violation of this chapter for any customer to load a waste container beyond its volume or weight capacity. This prohibition includes loading containers in a manner which is unstable or lik.ely to cause damage, create a litter condition, or impact the public health or safety. The m~ximum permissible container weights, meaning gross weight of loaded container, are: Residential Bags Residential/Commercial Containers Residential/Commercial Toters 2 cubic yards 3 cubic yards .4 cubic yards 6 cubic yards 8 cubic yards 20 cubic yards 30 cubic yards 35 cubic yards 40 cubic yards thirty-five (35) pounds sLxty-five (65) pounds one hundred and fifty (ISO) pounds Front-Load Containers three thousand (3,000) pounds three thousand (3,000) pounds four thousand (4,000) pounds five thousand (5,000) pounds five thousand (5,000) pounds twenty thousand (20,000) pounds twenty thousand (20,000) pounds twenty thousand (20,000) pounds twenty thousand (20,000) pounds Rear Load Containers two thousand four hundred (2400) two thousand four hundred (2400) two thousand four hundred (2400) two thousand four hundred (2400) two thousand four hundred (2400) Customers shall be responsible for damages, costs, expenses, fines or penalties, including tic!cets issued to Franchisee for overweight vehicles, vvhich arise out of customer failure to limit weights, in a container greater than or equal to twenty (20) cubic yards. (D) PROHIBITED WASTES: I. Solid waste collection service is intended to collect normal commercial, Page 6 of 22 industrial, residential, and multi-family premises vvastes. It is a violation of this chapter for any person to deposit or relinquish for collection or disposal any prohibited wastes identified herein. Customers are encouraged to contact the Franchisee vvith questions regarding specific wastes. ? Customers vvho are a source of prohibited vvastes shall mak.e appropriate arrangements to coUect and dispose of the waste. (E) TA1GNG OF SOLID WASTE OR RECYCLABLES: 1. All trash and recyclable material placed for collection shall be ovvned by and be the responsibility of the customer until the time of collection. At the time of collection, all trash and recyclable material become the property of the Franchisee. 2. It is a violation of this chapter for any person to tak.e, examine, uncover, snoop in, separate, gather, collect or salvage materials deposited in solid waste containers except with the express permission of the generator of the solid waste. (F) THEFT OF COLLECTION SERVICES: 1. It is a violation of this chapter for any person, except for the owner or occupant, to place or deposit any materials in or around a solid waste receptacle provided for the use of a specific business or premises, or in or around the can or container at a residence. 2 . It is a violation of this chapter for any person to place solid waste at a premises within the City limits of Meridian that is not generated at the commercial, residential, or multi-family premises. (G) DISPOSAL OF WASTE: It is a violation of this chapter for any person to throw, discard or deposit any solid waste in or upon any street, alley, sidewall( or vacant ground, or in or upon any canal, irrigation ditch, drainage ditch or other water course. (Ord. 95, 6-2-58) 4-106: NUISANCE: Failure of an owner or occupant of any commercial, residential, or multi-family premises to receive regularly scheduled adequate solid waste collection service is herein declared a public nuisance by the city. The city shall have the authority to order the abatement of such nuisance at the expense of the owner or occupant of the premises. This shall not limit the right of the City or the owner to seelc recovery against other responsible persons. 4-107 : STORAGE OF SCRAP TIRES: Page 7 of 22 A - ( Commercial business entities which store scrap tires for the purpose of salvage or reuse shall: 1. Screen the tires from public view; 2. Store the tires in such a manner that vectors and pest breeding or habitat areas will be avoided; 3. Store or malee available no more than 50 scrap tires at any given time; 4. Remove all scrap tires a minimum of once per month. 4-108 : SPECIAL HANDLING: Solid waste consisting only of cardboard, or wooden boxes, brush, and cuttings from trees, lawns, shrubs, and gardens, may be leept separately without depositing in solid waste containers, providing, that bulle materials, such as leaves, weeds and cuttings shall be in a can, box, sacle, or receptacle for ease of loading and such material as brush and limbs shall be tied in bundles not to exceed four feet (4') in length. Nothing contained in this Section shall be construed so as to permit any violation of any laws or any rules or regulations of the City's Life Safety and or other Uniform Codes. 4-109: COLLECTION FREQUENCY: Franchisee shall collect solid waste from each customer at least once each weele, or as provided by the rules and regulations of the Council as allowed in Section 7 -308A. 4-110: RULES AND REGULATIONS AND BOARD OF ADJUSTMENT: The City Council of the City, is hereby granted the authority to adopt rules and regulations pertaining to the sanitary service system, including but not limited to the setting of fees and rates and the City Council is hereby authorized to appoint a Board of Adjustment consisting of the Sanitary Service System Commissioners, and the sanitary service system contractor and the City Treasurer; the Board of Adjustment shall have the duty to propose rules and regulations and in certain situations adjust rates and fees as necessary. (Ord. 370, 5-19-80) 4-111: COLLECTION: (A) COMMERCIAL SERVICE Commercial Solid Waste Service is associated with commercial premises, including governmental agencies, schools, and temporary construction activities. Commercial Solid Page 8 of 22 { Waste Service includes waste collection/removal and recycling collection. Service vvill commence on a daily basis, except Sunday, at 5 :00 ANI. Additionally, public and private schools, even though they are often located in residential areas, vvill be serviced betvveen 5 :00 AM and 7 :00 AM for safety reasons. ( 1) Types of Service The follo'Vving Commercial Solid Waste Services are provided by the solid \rvaste Franchisee: a. Regular Service Franchisee shall provide containers and collect waste at least once vveekly. Franchisee shall provide the customer with a choice of weekly 32 gallon container service (containers provided by custo~er) when: 1. The customer can reasonably be serviced by a regular weeldy residential waste service route; and 2. The customer does not regularly generate more than six (6) thirty-two (32) gallon size containers of solid waste per week. b. On Call Service ;franchisee shall provide container and collect waste within the next working day of a customer request. For customers choosing to use compactor containers, the customer shall provide the compactor and the Franchisee shall collect waste within the next working day of a customer request. c. Temporary Service Franchisee shall provide container and collection services to temporary accounts for construction and demolition projects or other short-term waste generation projects. Temporary service is provided for a maximum of 120 days. Use of a temporary container does not displace regular solid waste service for the premises. Regular solid waste generated by the premises is not permitted in a temporary container. Temporary service for construction & demolition wastes will be limited to roll-off containers; except vvhere construction and demolition trash service can only be provided with a 3-yard container due to inadequate space or other site location restrictions. (2) Commercial Premises Commercial Containers Commercial Premises Solid Waste Service is provided with large capacity containers, which Page 9 of 22 ( include two (2) to eight (8) cllbic yard dumpsters, front or rear loaded, and tvventy (20) to forty (40) cubic yard roll-off containers. Such containers are supplied by the solid waste Franchisee and are placed at a location specified by the customer, subject to approval by the Franchisee. Commercial Premises Solid Waste Service also includes compactor-container service. Customers provide the compactor and container for this type of service. Containers for compactor service range from two (2) to forty (40) cubic yard capacity, subject to approval by the Franchisee for compatibility with collection vehicles. (3) Container/Compactor Sites a. Location Requirements 1 ~ Permanent Containers. For any area under a customer's ownership or control, including drivevvays and/or any other access route, as well as the container location, customers shall have a sufficient foundation to support the collection vehicle weight. Vehicle weights vary, but range between twenty and thirty tons. 2. Temporary Container Requirements. Temporary containers are placed at the customers direction, if Franchisee approves the location for space reqllirements and safety. Containers shall not be placed in a street without prior approval and permit from the Ada County Highway District (ACHD). Nor shall they obstruct the public right-of-way or pedestrian traffic. 3. Compactor Containers. Compactor customers must contact the Franchisee in advance to ensure that the compaction unit is compatible with collection vehicles and equipment and to ensure the location allows proper access for collection. Minimum height and width clearances will vary depending upon the compaction equipment. b. Appearance All commercial property owners shall maintain, clean, and largely shield from view all commercial solid waste collection equipment from public streets by walls, fences, earthen berms, or evergreen landscaping forming an opaque, attractive sight barrier. All such barriers shall comply with all applicable city ordinances requirements and/or limitations, including location and height. No commercial collection location shall be on a public right-of-way unless an appropriate variance is granted by the ACHD. No commercial collection location shall blocl( pedestrian traffic. Existing commercial solid waste collection sites shall be largely shielded from view within three (3) years of the effective date of this ordinance. c. Cleanliness Customers shalll(eep the container location, and the containers, in a sanitary condition. The Page 10 of 22 ( Olltside of the container shall be kept clean and free from accumulating grease, decomposing materials, and litter. Loose solid waste fillst be deposited in containers for collection. Failllre to comply vvith this subsection is herein declared a public nuisance. Franchisee work.ers do not normally clean up the premises. However, clean-up services can be provided at an additional service charge. Where determined necessary to protect the health or safety of the public and environment, the city may order a customer to clean the area. Franchisee shall clean up any spillage that occurs during collection services. Cllstomers shall l(eep the interior of the container in a sanitary condition. d. Contents Contents of a vvaste container must be able to fall freely from the container when emptied. Container lids must be in a completely closed position and swing freely open vvhen the container is emptied. Containers must be pacl(ed to allow easy emptying of contents when inverted. e. Frequency of Collection The choice of container size and frequency of service is at the customer's option, except that all regular service customers, and Cllstomers generating wet or putrescible wastes, shall be collected no less than once per weel(. Temporary and on-call services, not generating wet or putrescible wastes, must receive at least monthly service, unless the city determines another minimum service interval is appropriate, considering protection of the environment and public health and safety. (B) RESIDENTIAL PREMISES SERVICE Residential Premises Solid Waste Service is provided to residents of Meridian City by a Franchisee. This service is provided to allow residential premises customers to meet solid waste disposal requirements of the City. Solid waste intended for disposal shall be placed in containers supplied by the customer or toter carts available from the Franchisee at an additional cost. (1 ) Mandatory Payment for Services In order to maintain the public health, safety, and aesthetics of the city, all owners and/or occupants are required to pay for, and are provided, solid vvaste collection services. (2) Types of Service The following Residential Solid Waste Services shall be provided by the solid vvaste Franchisee: Page 11 of 22 ( a. Regular Service Customer shall provide the solid waste container(s) and Franchisee shall collect the waste on a weekly basis. b. Carly-out Service At customer request, Franchisee shall enter customerrs property, but not enclosed structures, to collect solid \rvaste containers and recycling bins. Franchisee may require the customer to execute a "Save and Hold Harmless Agreement" prior to receiving this service. c. ADA (Americans with Disabilities Act) Service The Franchisee shall provide carry-out service for solid vvaste and recyclable materials at no extra charge to those who have a disability as hereinafter defined and who have no one else in the household that can talee the solid waste container(s) to the curb/alley. However, the regular residential solid waste collection fee shall be charged. In order to qualify for the lower rate for carry out service, individuals must have a written certification from a licensed physician verifying that they applicant's impairment qualifies as a disability and prevents them from utilizing curbside service. In addition the applicant must certify that there is no other person in the individual's household that can carry the solid waste container(s) to the curb/alley. Disability, for this purpose, is defined as a physical or mental impairment, whether permanent or temporary, that limits caring for on~'s self, performing manual tasks of walking, or lifting so as to place a solid waste container at the curbside. Application for the disability discount are available from the Utility Billings Department at City Hall. d. Appliances Franchisee shall collect major appliances upon resident request and shall deliver the appliance to a recycling facility. Customers must contact Franchisee for collection services. Franchisee is responsible for ensuring that refrigerants and compressor oils contained in the appliance, if any, are recycled according to applicable regulations. Appliance collection is offered once weekly. e. Bulley Wastes Franchisee shall collect bulky wastes within t\rventy-four (24) hours of customer Page 12 of 22 ( ( request on normal business days or on the normal solid vvaste collection day. Franchisee is not required to enter premises to collect bulk.y vvastes. Customer shall convey bulk.y wastes to the curbside for collection. f. Christmas Trees Following Christmas each year, on dates specified by the City, Franchisee shall provide separate collection for Christmas trees prepared for recycling. (3) Residential Premises Service Containers a. It shall be the duty of every owner or occupant of any residential premises to at all times k.eep or cause to be k.ept portable above-ground containers consisting of metal or other approved type of container for the deposit therein of solid waste and except as othenvise provided, to deposit or cause to be deposited all solid waste therein. All solid waste shall, before deposit in StIch container, or tightly closed 1.5 mil plastic bags, be free of any liquids. All such containers shall be watertight, not easily corrodible, rodent, and flyproof, and shall be equipped with handles and a close fitting lid. Such containers shall not be less than twenty (20) gallons capacity or more than thirty two (32) gallons capacity, and limited to sixty-five (65) pounds in weight. The containers shall not be less than twenty eight (28) gauge metal or the equivalent, and be hot-dipped after fabrication to insure non-Ieak.ing containers or a can that is guaranteed by the manufacturer, and also labeled, to be leak.proof regardless of manufacturing processes. b. Container lids must be in a completely closed position and open freely to allovv the container to be emptied. Containers must be packed to allow easy emptying of contents when inverted, the contents must fall freely from the container when emptied. Containers must have sturdy handles and shall be replaced by the customer when the containers are no longer functional or when determined by the Franchisee to be unsafe for further lise. Whenever solid waste is placed therein or taken therefrom such lid shall be replaced by the person placing or taking therefrom such solid waste. Such containers shall be k.ept in sanitary condition, with the inside and outside thereof washed at such times as to k.eep the same free and clean of all accumulating grease and decomposing material and so that no odor nuisance shall exist. All solid waste containers shall be k.ept in a place accessible to the collector provided that in the case of isolated dwellings or places of business or where reasonable access cannot be had by a truc!e, the containers may be leept in such places as may be agreed by the owner and collector, or at such place as may be designated by the inspector; provided further, that whereas there is no alley entrance, such containers shall be placed on the street curb on collection day. c. Tree trimmings and similar solid waste should be tied in bundles not to exceed Page 13 of 22 ( ( four feet (4') in length and tvvo feet (2) in diameter. d. Ninety (90) to Ninety-Five (95) Gallon toter carts may be available from the Franchisee for a monthly rental fee. Carts may be used in conjunction vvith additional customer fllrnished containers and do not limit the amOllnt of waste that can be placed at the curbside. The maximum weight limit of a toter cart is 150 pOllnds. (4) Location a. Residential premises solid waste shall be placed as close to the curb as possible, or in alleys if the property has alley access. The solid vvaste containers shall be clear of pedestrian and vehicular traffic at all times. Solid waste containers shall be clearly visible and accessible to the waste collection personnel and free from obstructions including, but not limited to, trees, shrubbery, fences, vehicles, and walls. Franchisee shall not be required to pass through any doors or gates, cross tlovver beds or lawns, go through hedges, or place themselves in any situation which could jeopardize their health or safety. b. The Franchisee shall not be required to remove solid waste from in-ground or sunk.en locations. Any customer who has such a location shall be responsible for placement of the container, with lid, above ground. c. The Franchisee shall return all emptied containers to the location where the customer placed them. The Franchisee shall close any can or c00tainer as securely as possible to prevent t.he lid from blowing away, or prevent moisture from entering the can or container. d. For carry-out service, customers shall store prepared containers in unloclced areas clearly visible to the Franchisee worIcers from the street or alley from which normal collections are made. If the yard is Iock.ed or there is an animal which appears unfriendly, the customer shall place the can or container outside the fence or animal's domain. (5) Cleanliness Customers shalllceep containers in a sanitary condition with the outside thereof clean and free from accumulating grease, decomposing material and litter. Loose solid waste must be deposited in containers for collection. Franchisee work.ers shall malce a reasonable effort to pick. up all material blown or littered during the course of collection. However, they do not normally clean up messes caused by improper waste set out. In the case of a recurring problem, the Franchisee may leave the resident a notice describing the problem. Page 14 of 22 ( (6) Containers Set-Out and Bring-In Residential premises solid waste shall be placed at the curb for collection no later than 7:00 a.m. on the regularly scheduled day, but no sooner than the evening prior to collection. Residential solid vvaste Cllstomers Ltsing alley collection locations shall ensure containers are placed in an accessible location in the alley-way by 7 :00 a.m. on the regldarly scheduled collection day. Alley-way customers must maintain the solid waste collection area to ensure no vectors, rodents, or animals are attracted to the solid waste containers and to ensure a nLtisance is not created or maintained. Residents who pltt their solid waste out after the collection trLtck. has serviced their area or have had the solid waste containers blocked or hidden from vievv by an object such as a vehicle, shall be responsible for contacting the Franchisee for a special collection. If the containers are placed after the area has been serviced, the Franchisee may charge a special "call bacle" rate established by the city; or the customer may store the solid waste until the next regularly scheduled day for collection. Residents who have curbside service must relocate their empty containers bacle to a location within five feet of their home within 24 hours of being serviced. It is a violation of this chapter if a residential premises customer who places Residential/Commercial Can or Toter at curb for collection does not remove the same from the curb within twenty four (24) hours of the day of collection. (7) Used motor oil Must be placed in a leak-proof, preferably see-through7 unbrealeable, plastic containers of not more than two (2) gallons with a screw-on lid. Containers will be clearly marleed by the Resident as "OIL". No other fluids are to be included. Limited to two gallons per weelc. Used motor oil shall be placed near, but not in, the recycling bin or trash container for collection. If the used oil container is to be returned to the customer it must be marleed, in legible letters, "SAVE". (8) Appliances Customer must drain all moisture and "vater and remove all solid waste and food products from refrigerators, freezers or other appliances prior to collection by Franchisee. Appliances must be readily available for collection by Franchisee vvorleers. Franchisee shall not be required to enter any building or structure to remove the appliance or other item. (9) Bulley Waste Franchisee shall provide special collection service for bulley waste items upon request by the customer. Bulley wastes must be readily available for collection by Franchisee worleers. Page 15 of 22 ( ( Franchisee shall not be required to enter any building or structllre to remove the appliance. (10) Christmas Trees Customers participating in the annual Christmas tree recycling program must remove all ornaments, lights, tinsel, and tree stands from the tree prior to placing it at the curb or alley for collection. Branches and tree trimmings may also be set out for collection vvith Christmas trees. Trees and branches should be cut to four feet (4) or less and bundled as needed. ( 11) Franchisee/Licensee Responsibilities When the Franchisee/Licensee encounters improperly prepared solid waste, such as overvveight containers, \rvaste which is too tightly pack.ed to fall from the can, Christmas trees with stands or ornaments, etc., the Franchisee shall collect any properly prepared waste and leave the improperly prepared material. The date and service address shall be noted on the notice. The Franchisee shalllceep a copy of this information and supply a copy to the City upon request. (12) Frequency of Collection All residents of the city shall be provided solid waste collection service once per weel(. On a day determined by the Franchisee in consultation with the City Council ( 13) Missed Collection Customers should contact the Franchisee to report any missed collection. Franchisee shall promptly respond to reports of missed collections. A complaint of a missed collection received by the Franchisee from a residential customer shall be resolved within one business day of the customer's report. The one business day deadline does not apply if the missed collection occurred due to late or improper set out by the customer. Each customer failure must be documented by the Franchisee through verifiable means such as log bool(, and in the case of improper set out, by a copy of the customer notice. If the complaint is a documented customer responsibility, the customer shall be offered the option of having a special collection at the "call baclc" rate established by the city, or storing the solid waste until the next regular collection day. (C) MULTI-FAMILY PREMISES SERVICE Multi-Family Premises SaUd Waste Service is provided to premises with mldti-unit dwellings of more than one residence on a single site. Multi-Family premises include multiplex dwellings, apartments, condominiums, and manufactured home paries where the solid waste is billed under a master billing. Multi-Family does not include dwelling hotels, Page 16 of 22 motels, hospitals, nltrsing homes, or other congregate housing, care, or institlItional facilities. Multiple family dwellings of fOlIr (4) or fewer units may use either can service or central solid vvaste collection service. Multiple family dwellings of five (5) or more units shall use central solid vvaste collection services. Multi- Family Premises Solid Waste Service is provided vvith large capacity containers, vvhich include two (2) to eight (8) cubic yard dumpsters, front or rear loaded, and twenty (20) to forty (40) yard roll-off containers. Such containers are sllpplied by the Solid Waste Franchisee and are placed at locations specified by the customer and acceptable to the Franchisee. Multi-Family Premises Solid Waste Service can also include compactor-container service. Customers desiring compactor service provide the compactor for this type of service. Containers for compactor service range from two (2) to forty (40) cubic yard capacity, subject to approval by the Franchisee for compatibility with the collection vehicles. (1 ) Mandatory Service In order to maintain the public health, safety, and aesthetics of the city, all multi- family premises are required to pay for, and are provided, solid waste collection services. (2) Types of Service The Franchisee shall provide the following multi-family premises solid waste services: (a) Regular Service Franchisee shall provide containers and collect waste at least once weeldy. If the customer chooses to use a compactor, the customer shall provide the compactor and the Franchisee shall collect the solid waste at least once each week.. (b) Temporary Servi~e Franchisee shall provide container and collection services to temporary accounts for construction and demolition projects or other short-term waste generation projects. Temporary service is provided for a maximum of 120 days. Use of a temporary container does not displace regular solid waste service for the premises. Regular solid waste generated by the premises is not permitted in a temporary container. (c) Appliances Franchisee shall collect major appliances and shall deliver the appliances to a recycling facility. Customers must contact Franchisee for collection services. Franchisee shall be Page 1 7 of 22 (- responsible for ensuring that refrigerants and compressor oils contained in the appliance, if any, are recycled according to applicable regulations. Franchisee shall not be required to enter any building or structure in order to remove any appliance. Appliance collection is offered weekly. (3) Solid Waste Containers The Franchisee shall provide a container of adequate size to accommodate the type of service requested by the customer. ClIstomer ovvned compactors can vary in size and are subject to approval by the Franchisee for vehicle compatibility. (4) Container/Compactor Sites (a) Location Requirements For any area under a customer's ownership or control, including driveways or any other access route, as well as the container location, customers shall have a sufficient foundation to support the collection vehicle weight. Vehicle weights vary, but range between twenty and thirty tons. Temporary containers are placed at the customer's direction, if Franchisee personnel approve the location for space requirements and safety. -Containers shall not be placed in a street without prior approval and permit from the Ada County Highway District. Containers shall not obstruct the public right-of-way or pedestrian traffic without prior approval. Compactor customers must contact the Franchisee in advance to ensure that the compaction unit is compatible with collection vehicles and equipment and to ensure the location allows proper access for collection: Minimum height and vvidth clearances will vary depending upon the compaction equipment. (5) Appearance Every Multi-Family Premises Solid Waste collection location shall be maintained properly, cleaned, and largely shielded from view from public streets by walls, fences, earthen berms, or evergreen landscaping forming an opaque, attractive sight barrier. No collection location shall be on a public right-of-way unless an appropriate variance is granted by ACHD. No collection location shall blocl, ped~strian traffic. ( 6) Cleanliness Page 18 of 22 Customers shall k.eep the container location, and the containers, in a sanitary condition. The outside of the container shall be k.ept clean and free from accumulating grease, decomposing materials, and litter. Loose solid waste must be deposited in containers for collection. Franchisee work.ers do not normally clean up the premises. However, clean-up services can be provided at an additional service charge. (7) Contents Contents of a waste container must fall freely from the container vvhen emptied. Container lids must be in a completely closed position and swing freely open when the container is emptied. 4-112 : SITE PLAN FOR COMMERCIAL OR MULTI-FAMILY NEW CONSTRUCTION OR REMODELS (A) Customers are responsible for obtaining plan approval from the city for all proposed solid vvaste storage and collection areas. This requirement shall apply whenever new construction or remodeling occurs on commercial or multi-family premises. Site plan approval shall be based on the following requirements: 1. All commercial containers must be placed on a firm, level surface pad of concrete or asphalt at least three inches (3") thiclc. Customers shall accept the risk. that asphalt surfaces may sinlc or become uneven or unserviceable; 2. The surface pad must be at least twelve feet (12 ') wide by ten feet (101) deep for solid waste collection, and seventeen feet (1 7') wide by ten (10') feet deep if other waste activities are occurring (i.e. grease collection, recycling); .3.. Gates I?ust be constructed to rest in an open position to avoid swinging shut during piclctip; 4. The site shall provide adequate turning space for the waste collection vehicle. Adequate turning space shall mean a minimum turning radius of forty-five feet (451); 5. The site shall provide adequate space to allow the collection vehicle to back up a distance of at least fifty feet (501); and 6. The site shall provide at least fourteen feet (14') vertical clearance and twelve feet (12') width drive clearance. Additionally, front load containers must have at least twenty feet (20') vertical clearance at the container. Customers are required to remove any vertical height obstacles. B. Site plan submissions shall include an accurate plan of the entire area for which Page I 9 of 22 ( service is to be provided. The plan shall be drawn accurately, at a scale adequate to show clearly all the following data: 1. lot lines; 2. existing and planned buildings; 3. proposed collection location and sight shielding; 4. all existing and planned sidewalk.s, curb cuts, drives, parkjng spaces, landscaping, free-standing signs, posts, poles (i.e. street light, telephone, and electric poles), and other structures that may affect solid waste collection; 5. the location of all public right-of-ways, fire hydrants, sidevvall<s, and public transportation stops located on the premises and/or adjacent to the premises; and 6. adjacent structures, including distances to nearest residential areas. 4..113 : COLLECTION FEES: Fees and rates for the collection of solid waste shall be set by of the City Council. The city utility billing department may require a deposit as a condition of initiating, continuing, or restoring temporary or on-call service. 4..114: METHOD OF COLLECTION: Fees shall be billed to and paid by the owner of the premises that is served by the sanitary service system. Fees shall be carried on the water bill, and the same shall be paid with the water bill, and the Water Department is authorized to discontinue service to the owner's premises if the utility bill is not paid. Said sanitary service system fees that become delinquent shall be treated the same as water delinquent fees and shall be subject to the same penalties, including the same shall become a lien on the premises and shall be collected with the taxes. Further, any owner leaving a delinquency at one location shall not be entitled to service at a new location until all delinquencies in sanitary service system fees are paid. (Amd. Ord. 375, 12-15-80) In case of nonpayment, or delinquency in payment, of accounts that do not have associated water system charges the solid waste service may be suspended until such time as all charges and fees (including late fees and penalties) are currently paid. 4..115: DISPOSITION OF FEES: Page 20 of 22 ( I ( The proceeds from the collection of fees and charges herein provided shall be placed in a special fund to be known as the "Solid Waste Collection Account", and all expenses of t11e City in the operation of the sanitary collection system shall be paid out of such fund and any surplus remaining therein at the end of each fiscal year may be transferred by the Council to the General Fund. 4..116 : INSPECTION RIGHT-Of-ENTRY: The Chief of Police, or such person as may be designated as the Sanitary Inspector, or any other person concerned with the enforcement of laws shall have the right of ingress or egress to any premises for the purpose of inspecting all places and containers where solid waste is accumulated or lcept. 4..11 7 : FRANCHISES; LICENSING; CONTRACTING; BOND: (A) The Mayor and Council have the sole authority to select and approve all persons who . shall enter into a Franchise or License Agreement; contract to perform all services pertaining to sanitary collection and disposal under the provisions of this Chapter; to establish reasonable fees for licenses; and may establish reasonable rules and regulations governing the conduct and operation of such Licensee or Contractor. The Council may require of any such Franchisee, Licensee, or Contractor a bond in a reasonable amount, and the condition of which shall be the satisfactory performance of the contract. (B) Any person using three (3) or more vehicles or if anyone vehicle is a single or combination vehicle with a Gross Vehicle Weight Rating (GVWR) of 26,001 or more that provides Solid Waste Collection services within the Meridian City Limits must execute a Solid Waste Collection Franchise Agreement with the city. Collection of solid waste within the Meridian City Limits without a valid franchise or license agreement is a violation of this Ordinance subject to the penalties contained in Section 4..118. (C) Any person using fewer than three (3) vehicles and the Gross Vehicle Weight Rating (GVWR) of each vehicle is less than 26,001 in a single or combination vehicle, that is engaged in the collection and hauling of recyclable materials within the Meridian City Limits must execute a Recyclable Materials Collection License Agreement with the city. Collection of recyclable materials, within the Meridian City Limits without a valid license agreement is a violation of this Ordinance, subject to the penalties contained in Section 4-118. (D) The actual producers of the solid waste and/or recyclable materials, or owners and occupants of the premises upon which such waste is generated, may collect, convey and dispose of such waste andlor materials, provided that their actions comply with all other provisions of this Ordinance. Page 21 of 22 ( ( (E) A civic, community, benevolent, or charitable non-profit organization that collects, transports and mark.ets source-separated materials for recycling only for the purpose of raising funds for that organization shall not be required to obtain a license or franchise from the City. (F) Any person engaged in the occupation of a demolition or construction contractor or landscaper who produces incidental volumes of solid waste as a result of such work may collect, convey, and dispose of such waste, provided that their actions comply vvith all other provisions of this Ordinance and the conveyance of such waste occurs in vehicles that are owned by the contractor. SECTION 3: DATE OF EFFECT. This ordinance shall tal<e effect within one month after its passage and publication, according to law. PASSED BY T~OUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7-f1t- day of' em~, 1999. APPROVED BikHE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7-m day of Cein~, 1999. CITY OF MERIDIAN ATTEST: ey/Z:\ Work\M\Meridian 15360M\SW MC\SanitaryServDraft.Ord Page 22 of 22 ( R T:"'1 "'--1 T" ry......-r--. .T..... .I L 4 b' ~~I..D ' ~ -1... ~ t i ,., ,~ ~""'-~ OCT 2 8 1999 interoffice MEMORANDUM rT""""'J OF "n"7)Tnr \ 'J ...J . ~ i t ~ _ _v iL.l e.llJ _ _.:1._ 1 To: William G. Berg, Ir cc: Mayor Robert D. Come and Council From: Wm. F.. Gigray, III Subject: COMPENSA IrON POLICIES AND PRACTICES RESOLUTION Date: October 28, 1999 Will: Please fi11d attached the original of t11e above Resolution, alo11g vvith the Certificate of the City ClerIc. Additionally, copies have been distributed to the Mayor and Council for their revievv and comment. If this Resolution meets with their approval then it will be ready to be placed upon an upcoluing City Council agenda. If you have any questions please advise. nlsglZ:\ W o rk\l\1\lvleridi an 15360M\Human Res ources\B erg I 02899 .Nlem q tJ t0Ma cL / rt~ c (e ((7~d~ Iz~1-ql ( RESOLUTION NO. COMPENSATION POLICIES AND PRACTICES SUBJECT: REVISIONS BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN REPEALING SUB-PARAGRAPHS 1.,2., 4., AND 9. OF SUB-SECTION B [COMPENSATION POLICIES] OF SECTION IV [EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS] OF THE PERSONNEL POLICY MANUAL AND BY AMENDING SUB-PARAGRAPH B OF SECTION IV OF THE PERSONNEL POLICY MANUAL BY THE ADDITION THERETO OF NEW SUB-PARAGRAPHS I THROUGH 21, AND RE-NUMBERING THE REMAINING SUB-PARAGRAPHS OF SUB-SECTION B OF SECTION IV PERTAINING TO COMPENSATION POLICIES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION I: That sub-paragraphs 1.,2.,4., and 9. of sub-section B of Section IV of the Personnel Policy Manual are hereby repealed. SECTION 2: That sub-section B of Section IV of the Personnel Policy Manual is hereby amended by the addition thereto of new sub-paragraphs 1 through 21 and re-nlllnbering the remaining sub-paragraphs of sub-section B to read as follows: B. COMPENSATION POLICIES AND PRACTICES 1. Objective and Definitions The purpose of this sub-section is to provide guidelines for consistent administration of the compensation program and movement of employee from position to position (i.e., promotion, transfer, demotion, etc.). The City believes that elnployees should be paid for their performance and the contributions they mal(e as employees of the City of Meridian. This philosophy is l<.nown as "Pay for Performance". "I11-gtlideline": approvals reqllire all levels of managen1ent signatllre ill the c11ain of comn1and (starting vvith the Supervisor). "Ollt-of-Gt.lideline": approvals reqllire all levels of nlanagement signatllre in the chain of COlTI111and and the Ivlayor. "A proI11otion": is a reassignment of an en1ployee to a position in a higher salary/vvage ra11ge or grade than the employee's prior position. "A demotion": is a reassignment to a position of lovver salary/wage ra11ge thal1 the employee's prior position. "A transfer": is a lateral move to a differe11t job in the same grade. "A documented warning": is an action taleen when and employee's behavior is inconsistent vvith the city's statement of condllct and has received a vvritten notice describing such conduct. "A short-term (less than three (3) calendar months) reassignment": is not considered as a pron1otion, transfer, or demotion. "A pay revievv": is conducted vvhen a vvage or salary adjustment is bei11g considered. "A perforn1ance review": considers various factors of the employee's fulfillment of his/her job duties. "Reassignment to another shift": is not considered a prolTIotion/transfer unless meeting the above criteria. 2. Pay Program 2.1 Annual Increase Amounts The Mayor and City Council determine pay increases as budgets are set and tax levies are authorized. Pay given for any position within the City is subject to the annual budgetary process and as such may be sllbject to increase or decrease from fiscal budget year to year. The head of the department may rnalee suggestions about salary compensation and other pay system concerns bllt the final decision regarding compensatio11 levels rest with the Mayor and City Council. The Mayor and City COllncil reserve the right to malee budget adjustments, and conseqllently ( pay adjust111e11ts, dllring the COllrse of the fiscal blldget year to deal \vith other circumstances which they think justify changes in entity expenditures. Employees will receive the increase according to the mid-point of their curre11t grade range. After considering the employee's perfor111a11ce as provided here in this sub-sectio11, the percentage increase vvill be determined. This amount is then multiplied by the mid-point of the employee's grade and added to the current rate. For example, a11 eluployee is in a grade range vvith a Inid-point of $10.00. The i11dividllal is given a 5% increase based on his/her perforlnance. The elnployee's current rate is $9.25. The employee's new rate would be $9.75 ($10.00 X .05 = $0.50 + $9.25 = $9.75). The increase amOllnts can be adjusted. Contact Human ReSOl.lrCeS for the latest schedule. 2.2 Employees Currently Over the Maximum of Their Grade Range These employees will continue to receive increases as if they were within the range for one (1) year. If after one (1) year the employee is above the range maximum, he/she will be frozen until recaptured in the range. 2.3 Compliance with State and Federal Pay Acts The City shall comply with all State and Federal pay acts respecting the compensation of employees for services performed in the public service. 3. Review Schedule 3.1 Current Employees Current employees will be given a review on October 1st of each year unless experiencing a date altering event as prescribed by policy. Upon completion of the review current employees are eligible for a merit increase based on performance. 3.2 New Hires En1ployees hired on or after October I, 1998 will receive a review at six (6) months, and "viII be eligible for a111nerit increase based on performance at twelve (12) months effective on their employment start date and 011 the e111ployee' s an11iversary thereafter ll11less experiellci11g a date alteril1g eve11t as prescribed by policy. Elnployees in the police depart111ent will receive a revievv after one (I) year of service, a11d "viII be eligible for a 111erit increase based 011 performance that vvill be effective 011 the anniversary date of hire, llnless experiencillg a date altering event prescribed by policy. E111ployees in the fire departmel1t will receive a revievv after one (I) year of service; l11erit increases are deter111ined by the LInion C011tract. 3.3 Interim Increases (Changes in Anniversary Date) Each time an increase or decrease occurs, the date of tllis adjust1nent will be LIsed to determine the next review. For example, if an elnployee receives an increase or promotion 011 March 15, his/her next revievv is due tvvelve (12) Inonths after the vvage increase. Supervisors may delay or request early increases on a11 exceptioll basis. StIch a revievv will be approved through "out-of-guideline" approval channels. The exception to this is a pay revievv that is delayed because the employee is on a doculllented disciplinary vvarning for which he/she has signed an aclG10wledgment of receipt. 3 .4 Rehires Employees who have terminated their employment will have their review date based upon when they rehired. 3.5 Employees on Document Written Warning These enlployees will not be eligible for pay increase until after the "varning has expired. If an increase is granted after the warning period has expired, the anniversary is not adjusted, but relnains the same date as the scheduled review. For example, and employee's scheduled review is October 1. The individllal is placed 011 an ell1ployee signed warning on September 15. The employee successfully ftllfills t11e olltlined warning obligations and the vvarning expires on March 15. The increase vvollld be effective on March 15 and the employee's next review will be on October 1 il1 the following year. 3.6 Promoted E111ployees See section 15 of tl1e "Promotion/Transfer" policy. 4. Differentials 4.1 Lead Differential Lead W orlcers "viII be raised to the greater of: tvvo grades above tl1e lowest position in the vvork group for vvhich they are respo11sible or Ol1e grade higher than the grade of the top position in the worl( grOllp. For example, if a Lead W orl<.er coordinates employees who are in a grade A2 and A3 he/she WOlIld be placed in Grade A4. Hovvever, if t11e vvorl, group consists of 011ly A4's, the Lead Worl<.er would be placed i11 the A6 grade. 4.2 Other Differentials (Police Department) Differentials (e.g., sId.ll pay, certification) are additions to the base wage and will be removed vvhen the specific condition is no longer required. 5. Start Rate 5.1 New Hires New hires will normally start at the minimum of the range for the grade. If the individllal filing the position has considerable bacleground, lmovvledge, education, etc. which merits entering at a higher rate the Department Head must get "ollt-of-guideline" approval before an offer is made. 5.2 Rehires Terminated employees vvho are rehired will be considered "nevv hires" (see 5.1 for guidelines". Terminated employees who are rehired above the marleet rate will require additional approvals. Employees returning from a11 approved leave of absence are not considered as "rehires." ( 6. Updating the Progran1 6. 1 Ranges Huma11 Resources vviII revievv the vvage ranges by grade 011 a11 a1111l1aI basis. 6.2 Grades Revievved by the C01npe11sation Comn1ittee The Mayor vviII designate a Con1pensation COffilnittee. They"vill111eet on at least an annllal basis to revievv the grades, re-evalllate positions that have significantly changed, and slot new positions. 7. Interim Increases I11creases other than those given according to the schedllle(s) outlined in this policy must have all levels of lnanagement approval starting with the SLlpervisor up to and including the Mayor. The next review date will the11 be derived from this adjllstrnent date. 8. Procedure 8.1 Notice of Revievv Date Approximately five (5) weeles prior to the employee's effective date for his/her increase, Hun1an Resources "viII send a list of employees to be reviewed to the designated supervisor, Inanager or department head. 8.2 Managenlent responsibility The supervisor, manager or department head will complete a Performance Evaluation form for each of the employees noted in section 8.1 and indicate the appropriate salary/wage increase on a Personnel Action Request form. Two (2) forms are used for each in rOllting for approvals. A due date "viII be noted on the information received from HUlnan Resources. The date "viII be approximately two (2) weeles after receipt of the list by the supervisor. 8.3 Approvals 8.3.1 If the recommendation is "in-gtlidelines", the in1n1ediate sllpervisor forwards the Personnel Action Request form and related Perforl11ance EvalLlation( s) to the next level of 111anagel11ent for approval. After the next level of n1anage111e11t has approved t11ese doclll11ents, the Personnel Actiol1 reqLlest forn1 is sent to Hun1an Resources and the Performal1ce EvalLlation and a copy of the Personnel Action ReqLlest forIn is se11t to the i111111ediate sllpervisor. 8.3.2 If the recoll1111e11dation is "out of guideli11es", the Person11el Action Request fornl a11d related Perforlnance Evalllatio11( s) are sent to alIlevels of managelnent and up to and includil1g the Mayor for approval. 8.4 Inputting by Payroll The inforluation vvilI then be pllt into the systeln by Payroll. 8.5 Sending of Forllis Bacl, to the Supervisor The approved Personnel Action Reqllest form(s) vvilI be sent bacl, to the Supervisor with the related Performance Evaluation(s). 8.6 Meeting with the Enlployee The supervisor will discuss the revievv vvith the employee and have him/her sign his/her Performance Evaluation. The supervisor gives the employee a copy of the Performance Evalllation and forwards the original to Human Resources for filing. 8.7 No Preliminary Discussion with Employee No discussion of the increase should be held with the employee prior to receipt of fully approved documents. 8.8 Responsibility for Review Outcome The immediate supervisor shollld tal<.e responsibility for the amount of the review. In no case should a supervisor lead an employee to believe they tried for a larger increase, but could not get it approved by "upper management. " 8. 9 Wage/Salary Increase Philosophy Increases are "earned by the employee not "give11" by Inanage111ent. All i11creases are ear11ed by merit. Ivlerit considers and n1eaSllres job perforlnance against job sta11dards or established goals and objectives. Attitude can also be considered if it affects the job perfor111ance of the employee or other eI11ployee(s). 9. En1ployees on Leave of Absence (LOA) and Layoff (LO) 9.1 Review Date If the employee has been on LOA or LO for less and one-half (V2) of t11e total days for the revievv period, the employee's review date vviII relnain the same as thOllgh he/she had not been on leave. Increases for employees on LOA or LO is prorated based llpon time service. If the employee has been on LOA or LO for more than one-half (1/2) of the total days for the revievv period, the review will be forfeited. 9.2 Pro-ration of Increase When increases are given job performance is, among other factors, a major consideration. If the en1ployee has been on active statlls for less than the annual revievv period of tvvelve (12) months, an increase will be calclllated froIn a proportion of actual months of active status worl(ed compared to total number of months in the revievv period. Example: An employee is 011 active status for six (6) months during his/her review period. He/she is reviewed on October 1. This individual would receive six-twelve's (6/12) or 50% of his/her regularly scheduled amount. 10. Returning from LONLO or Transferring to a Position in a Lower Grade Elnployees returning or transferring to a position in a lower salary/wage grade will assume the nevv salary/wage range. Factors considered in determining the employee's salary/wage in the new range include: speed, accuracy, attitllde, length of service in the job class prior to the leave of absence or layoff, the salary/wage grade range of the nevv position, grade range penetration of the e111ployee relative to experience level, etc. ( 10.1 Minin11.1111 to Mid-Point Ge11erally, elnployees vvill be placed betvveen the e11try and l11arl(et POi11t of the ra11ge for the position they are being placed. 10.2 Under the MinilTIUn1 and Over the Mid-Point of the Range Employees' rate can be placed in these locations through "Ollt-of- guideline" approval (s). 11. An1ol1nts Noted for Salaried Positions Salaries are quoted in monthly amounts for convenience and are not designed to imply a contractual obligation on the part of the employee or city. 12. ProlTIotion Eligibility 12.1 Qualifications Eligibility for promotion/transfer compares n1inimllm relevant qualifications of the nevv position and the employee's qllalifications. Factors that generally relate to the position include: _ The duties and responsibilities of the position; _ Education, training, or speciallmovvledge required; and _ Experience, inclllding both the nature and length of previous assignment. Factors that relate to the employee include: _ Quality of worle, initiative, planning, dependability and attitude; _ Present a11d past performance levels; and _ Potential for successful performance in the new position. 12.2 Required Length of Service 12.2.1 An employee must have a minimum of six (6) months service il1 his/her current position before requesting a prolTIotion/transfer unless receiving approval from all levels of management starting -with the immediate sllpervisor up to and including the Department Head in the chain of comlTIand, Human Resollrces and the Mayor. ( (~ 12.3 E111ployee Performance Criteria for Granting of Reqllests 12.3.1 The employee being considered for the promotion/transfer 111l1St .' not be on any type of documented disciplinary warning vvith and elnployee receipt aclmowledgement signatllre. 12.3.2 The el11ployee being considered for the prolTIotion/transfer 111l1St have dOClllTIented good vvorl( performance. 13. Job Posting Procedllres 13.1 Procedures 13.1.1 The open position will be posted shovving the related grade and range. 13.1.2 The employee is to retllrn the "Reqllest for Promotion/Transfer" form to Human Resources. 13.1.3 Screening of applicants by the prospective supervisor 'Will be done in coordination with Human Resources, as positions are open. 13.1.4After review by Human Resources, Department Heads may nlal(e the verbal offer. Hllman Resources will follow up 'With a vvrittell acl<.nowledgment. After the position has been filled, Hunlan Resources 'Will inform the candidates ill vvriting of the hiring decision. 13.2 Posting of Positions Positions 'Will be posted for five (5) working days on a designated board(s) for employees to review. Positions in all Grades will be posted. If interested in a position any Grade] the employee should submit an approved "Request for ProlTIotion/Transfer" to HlllTIan Resources. 13.3 Interviews Although employees may have a "Request for Promotion/Transfer" form C0111pleted] this is not a guarantee of an intervievv when the position is available. 13.4 Olltside Recnliting The City reserves the right to consider outside applicants silllultaneously vvit11 those subl11itting "Request for Prolnotion/Transfer" from vvithin. 14. Selection Process The candidate vvho is best matched for the open position vviII be selected. This determination will be made throllgh StIch methods as intervievv, past perfOrlTIanCe, evaIllations, etc. As an eqlIal elnployment opportunity elnployer, age, race, sex, national origin, religion or disability will not be discrilninatorily considered. 15. Pro111otiol1 Wage/Salary Adjustment All increase will be based on merit. Depending on the performance of the employee and the location of the pro1110ted individual's current vvage/salary, the following schedule vvill be used as it relates to the lovvest range Ear the grade. Belovv Entry To Minimum Salary/W age Location in New Range Entry to Marleet Rate Over Marleet-Rate Up to 5%, but not to exceed MarIeet Rate 0% 15.1 Below the Entry of the Nevv Range Promoted employees will be taleen to the minimum of their nevv range. 15.2 Current Wage/Salary Between Entry and Marleet Rate The employee will be able to receive up to five percent (5%) increase at the time of prolTIotion. 15.3 Current Wage/Salary Above the Marl(et Rate Typically there are no increases for individuals in this section of the range. The advantage for the employee is he/she will aSSllme a range with a greater maximum than in his/her previous grade. Any exceptions will be processed through the "ollt-oE-guideline" approval channels. ( ( 15.4 Revievv Schedule for ProlTIotional Increases When an employee receives an increase in conjllnction with a promotio11, the date of the promotion becomes the anniversary date for the pllrposes of establishing the next review date. 16. De111otions Ell1ployees being placed in positions vvith a grade lesser than the one fr0111 vvhic11 they originated vvilI have vvage/salary determined throllgh "out-of- gtlideline" approval cha11neIs. En1ployees being de1TIoted vviII norlTIally receive a decrease in vvage/salary if their rate of pay is above the marleet rate of their grade. Demoted employees with a vvage/salary belovv the n1arleet rate of the nevv range will be frozen for at least one year. 17. Transfers to a Position in the Same Grade Employees affected by this situation mllst have their vvage/salary adjust111ent and transfer approved before cOll1pletion of the move. Typically the individl.lal "viII re1nain at the same rate of pay. 18. Adjustment of Review Dates for Transferred Employees If adjustment to the elnployee salary/wage rate occurs, the next revievv will be tvvelve (12) months from the transfer date. Lateral transfers when no increase is given the en1ployees regular scheduled review date will remain the saIne. 19. Transfers at the Company's Request 19.1 City Initiated Occasionally, transfers may be made at the City's request to satisfy operational needs. Consideration will be given to employee's speed, accuracy, attitude, bacleground and experience, personal situation (i.e., preferred shift, etc.). 19 .2 Job Elimination In the event of job elimination, refllsal to accept a reasonable transfer at the City's request will be interpreted as a termination. Layoff( s) of regular full-time employees ffillSt be approved throllgh "out-of-guideline" channels. ( (- 20. I11troductory Period for En1ployees Who are Pron1oted!Tra11sferred fu1 e111ployee selected for promotion/transfer will enter an I11trodllctory Period of 110t less than SL'C (6) Inonths to assess l1is!her perforlnance. Police/Fire depart111ent i11trodllctory period is 011e (1) year. COlnpletio11 of the I11trodltctory Period will not resltlt in a vvage/salary review. Should the selected elnployee be unable to satisfactorily perfOrlTI the duties of the nevv position, his!her supervisor vvill notify hiln/her. Tvvo (2) levels of managel11ent and Hlllnan Resources will be involved in this process. Efforts vvill be l11ade to place the el11ployee in another positio11 within the organization. Hovvever, if no Inatch is found, termination may occur. 21. ElnploYlnent At-Will Nothing in this policy is to alter the employment at-will philosophy; which meallS the eluployee may voluntarily terminate employment vvith the City for any reason at anytime. Similarly, the City may terminate the employee's enlploymellt anytinle for any reason, subject to the enlployees and employers rights afforded by law. Additionally, this docllment does not gtlarantee elnplo)TJ.nent for a specific period of tilue nor does it apply to appointed positions under State Code. 22. Classification Plan All employees of the City of Meridian shall be classified in the position they hold vvith the City of Meridian in the follovving manner: 22.1 Elected officials. 22.2 Exempt employees not subject to merit testing or other selection criteria provided by this manual and compliance with Fair Labors Standard Act. 22.3 Classified full-time employees subject to the testing and placement standards established by this personnel policy manual. 22.4 Part-time or casllaI employees exempt from placement standards cited herein. 23. Overtime Compensation- Compliance with Fair Labor Standards Act All executive, administrative or professional elnployees vvho qualify, as exe111pt elnployees tInder the Fair Labor Standards Act (FLSA) vvill be paid i11 COll1pliance with the applicable code of federal regulations of the (FLSA). 24. Overtime Policy All11011-exen1pt enlployees vvilI be paid tinle and one-half (I 1/2 ) the regtllar rate for hours worleed in excess of forty (40) hO'tITS per weel<.. Overtilne illtlSt be approved i11 advance by the enlployee's supervisor or whe11 absoltltely necessary (in case of an emergency). 25. Reporting and Verif)ring Tinle Records It is the responsibility of each employee to properly record time that he or she has worked during a payroll period. Each time sheet/card shall bear the signature of the employee vvith a statement verif)ring its accuracy and a C011nter signature by a supervisor indicating that the hours claimed vvere actllally vvorleed. These records shall be retained for at least four years following a pay period or the conclusion of an employee's service by the payroll officer (City Treasurer)~ Failure to carry out these duties may result in disciplinary action~ 26. Worle Period Employment with the City of Meridian is subject to the Federal Fair Labor Standards Act as previously described. Each employee is respo11sible for monitoring the status of hours worleed in each worle period. Overtime will be allovved only when authorized by an appropriate sllpervisor or when absollltely necessary in an emergency. The worle weele for all regular employees who are subject to the FLSA will begin at 12:00 (midnight) on Sunday of each weele and concludes at 11 :59 p.m. of the succeeding Saturday. For regular employees, hours actually worleed must exceed forty in a worle weel<., and premium compensation will be paid, or authorized compensatory time will be allowed to accrue, on the paycheck next following the warle period during which it vvas earned. Sworn law enforcement officers and fire fighters are subject to the special exception for their respective professions (s 207 (Ie)) which allows establishment of their worle period up to twenty eight days. Premium cOlnpensation is to be paid for qualif)ring law enforcement hours beyond 171 in a 28-day worle period or for qualifying Fire Department hours beyond 204 in a 27-day worle period. For these special exception elnployees, payment of premium cOlnpensation will be paid, or authorized compensatory time will accrlle, on the paychecle which follows the conclusion of a 27 -day worle period by at least one vveel(. Questions abollt overtin1e and con1pensatory time should be directed to YOllr supervisor or the personnel office. 27. Payroll Procedures and Payday Employees are paid every month throllghout the year. Paychecl(s are issued by the office of the City Treasllrer on the last worl<ing day of each month. Paychecl(s cOlnpensate employees for work performed in the pay period. Paychecles are to be distribllted at the vvorleplace prior to 5:00 p.ll1. on pay day. It is the obligation of each eluployee to monitor the accllracy of each paychecl( received. Inforn1ation shovVl1 on the employee's paychecle stub is provided for inforll1ation only. The paychecl( is generated by a computer program that does not have the capacity to thinl( or to Llnderstand individual circumstances. Actual practices respecting the issuance of paychecks and allocation of employee benefits must be consistent with official policy of the entity. 111 the event of disagreement betvveen the computer-generated paycheck stltb and official policy as interpreted by the Mayor and City Council vvith the assistance of the City Treasurer, the policy shall prevail. 28. Conlpensation while Serving on Jury Duty or as Witness in COltrt Proceeding Leave will be granted to full-time employees called to jury duty or to serve as a court witness in accordance vvith City Council-adopted policy. Full pay will be provided during actual service. Fees received by an employee excluding mileage reimbursement shall be remitted to the City. 29. Military Leave Unpaid leave of absence vviII be granted for a maximum of fifteen calendar days to participate in ordered and authorized field training under the National Defense Act. Our public entity employment policy will comply with provisions of Idaho Code S 46-224, et seq., or its successor, as those Code provisions govern leaves of absence for military service. 30. Redllction in Force En1ployee assignments may be affected by reductions in force made due to economic conditions or to changes in staffing and worl<load. The Mayor and City Council reserves the right to malee any changes in vvorle force or assignment of resources tl1at it deems to be in the organization's best interests. The Mayor and City Council may also specify at the time reductions in force are 111ade vvhat reinstatell1ent preferences may accompany tl1e redllctio11S. Said rei11statement preferences 111ay be tied to the classification of the ell1ployee or to specialized 51<111s possessed by the employee. 3 1 . Payroll In accord with Idaho Code S 45-609 or its successor, no payroll deductions vvill be made from an employees paychecl( unless authorized by the elnployee or required by lavv. 32. Travel Expense Reilnbursement An employee on entity busi11ess shall be reilnbursed for expenses incurred i11 cOlnpleting his/her vvorle-related assignment in accord vvith the policies established by the Mayor and City Council. Each City employee is responsible for providing verified receipts for any expenses for which reimbursement is requested in accord with Idaho Code S 31-1506 or its successor. 33. On-The-Job Injuries All on-the-job injuries shall be reported to the Human Resources as soon as practicable to allow filing of vvorleer's cOlnpensation claims in the proper manner. All on the job injury reports shall be completed by the Supervisor and employee and filed with Human Resources. If an employee is disabled temporarily by an On-the-job accident he shall be eligible for worleer's compensation and shall not be charged vvith any vacation or sicle leave time while away from his or her position. Return to employment will be authorized on a case-by-case basis upon consultation with the supervising official and the State Insllrance Fund. Concerns associated vvith injured worl<.er status may be brought before the chief execlltive for review. 34. Job Abandonment Any employee that does not report to warle or is absent without notifying his/her supervisor for three (3) days/shifts will be terminated. (< ( \ PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. ATTEST: BY: Mayor Robert D. Corrie City ClerIc msgZ:\ VV o rk\M\Meridi an 15360M\Human Resources\CompPolicies 102099 .Res ':-.1 _ ~t J MERIDIAN CITY COUNCIL AGENDA TUESDAY, DECEMBER 7, 1999 @ 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: RON ANDERSON X 9HARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE CONSENT AGENDA A. APPROVE MINUTES FROM NOVEMBER 16,1999 MEETING: APPROVED B. APPROVE MINUTES FROM NOVEMBER 22, 1999 SPECIAL MEETING: APPROVED c. REQUEST FOR BEER & LIQUOR LICENSE FOR MERL YN SCHMECKPEPER: APPROVED D. REQUEST FOR BEER & LIQUOR LICENSE TRANSFER FOR PAISANO'S BY SCHMECKPEPERlGOODWIN: APPROVED E. COMPENSATION POLICIES AND PRACTICES RESOLUTION: APPROVED - RESOLUTION NO. 278 F. LAND LEASE WITH VANCE JANICEK: APPROVED - RESOLUTION NO. 279 G. AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS: APPROVED - RESOLUTION NO. 280 H. TABLED 11/16/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY - NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: APPROVED - RESOLUTION NO. 281 ( i I. TABLED 11/3/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE- FAMILY DWELLING/OFFICE BY ED SEWS - WEST OF TEN MILE AND NORTH OF USTICK ROAD: APPROVED J. FINDINGS OF FACTS AND CONSLUSIONS OF LAW: REQUEST FOR VACATION OF TWO 10-FOOTWlDE PUBLIC UTILITY EASEMENTS BY W.H. MOORE COMPANY, LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK: APPROVED K. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5,6,12 AND 13 OF BLOCK 7 OF WHITESTONE ESTATES NO.2 BY WHITESTONE DEVELOPMENT, LLC: APPROVED L. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI- STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC -1230 E. OVERLAND ROAD: TABLED UNTIL JANUARY 4, 2000 M. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC - 1230 E. OVERLAND ROAD: APPROVED N. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 96-UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISES, INC. - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: APPROVED O. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF PARCEL "An FROM RT TO SINGLE- FAMILY RESIDENTIAL AND PARCEL uB" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD: APPROVED P. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A THREE-BUILDING RETAIL COMPLEX OF APPROXIMATELY 50,000 SQUARE FEET ON VACANT 5.5 ACRE SITE IN A C-G ZONE BY NORCO - NORTH OF FAIRVIEW BETWEEN EAGLE ROAD AND LOCUST GROVE ROAD: APPROVED ( \ Q. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY QUEENLAND ACRES, INC., TO CHANGE LAND USE FROM SINGlE-FAMllY,RESIDENTIAL TO COMMERCIAL FOR THE SOUTH SIDE OF OVERLAND ROAD, % MILE WEST OF MERIDIAN ROAD, WESlWARD TO STODDARD ROAD: APPROVED R. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY BILL CLARK/CLARK DEVELOPMENT (TERRACE LAWN MEMORIAL)TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL - 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD: APPROVED - RESOLUTION NO. 265 s. ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO.3 BY WIRT EDMONDS AND CRAIG GROVES - WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: APPROVED T. ORDER OF DECISION OF DENIAL: APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: APPROVED u. REQUEST FOR ONE-YEAR EXTENSION OF THE 11/17/98 APPROVAL OF THE FINAL PLAT FOR ASHFORD GREENS NO.4 BY BRIGHTON CORPORATION - PORTION OF THE WEST Y2 OF THE WEST % OF SECTION 3, T.3N., R.1W: APPROVED v. ENGINEERING AGREEMENT - UNO NAME SEWER TRUNK": APPROVED W. ENGINEERING AGREEMENT - FIVE MILE CREEK RELIEF SEWER PROJECT: APPROVED x. ENGINEERING AGREEMENT - 1999 \MNTP TRUNK SEWER EXTENSION PROJECT: APPROVED Y. ENGINEERING AGREEMENT - 1998 SEWER MASTER PLAN ANALYSIS OF DEVELOPMENT CONCEPTS: APPROVED Z. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE-FAMILY RESIDENTIAL ( ( WITH ACREAGE TO COMMERCIAL LOTS AND MINI-STORAGE FACILITY BY OVERLAND MINI-STORAGE, LLC: APPROVED REGULAR AGENDA 1. CONTINUE PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR THE ESTABLISHMENT OF A NEW FEE FOR COPIES OF THE ZONING AND DEVELOPMENT ORDINANCE IN THE AMOUNT OF $25_00 AND RECODIFICATION OF NEW CODE BOOK FOR THE CITY OF MERIDIAN: HAD HEARING 2. CONTINUED 11/16199: ORDINANCE NO. 849 REVISING, CODIFYING AND COMPILING THE GENERAL ORDINANCES OF THE CITY OF MERIDIAN: APPROVED 3. CONTINUED 11/16/99: RESOLUTION NO. 273 ADOPTING BUILDING PERMIT FEE SCHEDULE: APPROVED 4. CONTINUED 11/16/99: ORDINANCE NO. 850 APPOINTMENT OF PLANNING AND ZONING ADMINISTRATOR: APPROVED 5. CONTINUED 11/16/99: ORDINANCE NO. 851 SANITARY SERVICE SYSTEM: APPROVED 6. CONTINUED 11/16/99: ORDINANCE NO. 852 TO PROVIDE FOR THE EXTENSION AND CONNECTION OF SEWER SERVICE OUTSIDE THE CITY LIMITS: APPROVED 7. ORDINANCE NO. 853 SOLID WASTE COLLECTION SERVICES I FRANCHISE: APPROVE PUBLICATION AND PLACE ON JANUARY 18,2000 AGENDA 8. INTRODUCE ORDINANCE FOR FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION SERVICES: OKAY 9. CONTINUE PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 150.79 ACRES OF LAND FOR R-4 ZONING BY BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF OVERLAND: CONTINUED PUBLIC HEARING FOR 12121/99 MEETING ( 10. CONTINUE PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED BEAR CREEK SUBDIVISION OF 326 SINGLE- FAMILY DWELLING LOTS BY BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF OVERLAND: CONTINUE PUBLIC HEARING UNTIL DECEMBER 21,1999 11. PUBLIC HEARING: REQUEST FOR REDUCTION OF .LANDSCAPING REQUIREMENTS TO ALLOW NEW CONSTRUCTION SITE TO MATCH EXISTING AND AS TYPICAL IN THIS AREA AND SUBDIVISION BY DAROL FORSYTHE/SEVEN GATES PROPERTIES - LOTS 8f 9, 10, BLOCK 1, LAYNE INDUSTRIAL PARK SUBDIVISION: CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW 12. PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR SEVEN GATES INDUSTRIAL SUBDIVISION BY SEVEN GATES PROPERTIES, LLC, - NORTH OF LOCUST GROVE ROAD WHERE LOTS 8,9, AND 10 OF LAYNE INDUSTRIAL PARK NOW EXIST: CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW 13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 283 LOT PLANNED DEVELOPMENT FOR PROPOSED WOODBRIDGE SUBDIVISION ON 80.83 ACRES FROM R-T TO R-4 BY WOODBRIDGE COMMUNITY, LLC - SOUTH % OF THE NW % SECTION 17 T3N R1 E: CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW 14. FINAL PLAT FOR THE LAKES AT CHERRY LANE NO.8 BY STEINER DEVELOPMENT - NW %, SECTION 3, T.3N., R.1W: APPROVE 15. FINAL PLAT FOR DEE JAY SUBDIVISION BY J-U-B ENGINEERS- SOUTH STRATFORD AND EAST WATERTOWER LANE: APPROVE 16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR APPROXIMATELY 20,000 SQUARE-FOOT CORPORATE HEADQUARTERS FACILITY, CREDIT UNION, DRIVE-UP TELLER UNITS AND RELATED SITE IMPROVEMENTS BY CAPITAL EDUCATORS FEDERAL CREDIT UNION - LOTS 14, 25f 18 AND 19 IN BLOCK 2 OF HONOR PARK SUBDIVISION NO.3: CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW 17. 1999-2000 FISCAL YEAR CAPITAL OUTLAY DISTRIBUTION: APPROVE 18. DEPARTMENT REPORTS: A. PUBLIC WORKS DIRECTOR - GARY SMITH: 1. VEHICLE STORAGE BUILDINGS @ WASTEWATER TREATMENT PLANT - BID AWARD: APPROVE 2. AUTHORITY TO MAKE DETERMINATIONS PROVIED IN 9 12-3-1 B MERIDIAN CITY CODE: APPROVE- RESOLUTION NO. 274 B. FIRE CHIEF - KENNY BOWERS: 1 ~ WORK ORDER CHANGE FOR NEW FIRE STATION: APPROVE 2. THE AUTOMATIC AID AGREEMENT WITH THE CITY OF BOISE: APPROVE - RESOLUTION NO. 275 3. ADDITIONAL COST REQUEST FOR NEW FIRE STATION: DENY 4. NEW FIRE WORKS ORDINANCE: NOTICE FOR PUBLIC HEARING C. POLICE CHIEF - CHIEF BILL GORDON: 1. VEHICLE QUOTES: 2. SKEMATIC DRAWING QUOTES FOR NEW POLICE STATION: APPROVE LOMBARD-CONRAD 3. POLICE GRANT: DENY D. MA VOR CORRIE 1. SENIOR CITIZEN CENTER E. ATTORNEY - BILL GIGRAY: 1. CHERRY LANE RECREATION: APPROVE TO SUBMIT AGREEMENT 2. EXCLUSIVE BUYER: RESOLUTION NO. 276 3. PURCHASE AGREEMENT: RESOLUTION NO. 277 ( MERIDIAN CITY COUNCIL MEETING DECEMBER 7. 1999 The regular City Council meeting of the Meridian City Council was called to order at 7:37 p.m. on Tuesday, December 7, 1999, by President Charlie Rountree. MEMBERS PRESENT: CHARLIE ROUNTREE, KEITH BIRD, GLENN BENTLEY (MAYOR CORRIE ARRIVED AT 9:28 P.M.) MEMBERS ABSENT: RON ANDERSON. OTHERS PRESENT: GARY SMITH, SHARI STILES, BILL GORDON, BILL GIGRAY, KEN BOWERS, BRAD WATSON, WILL BERG ITEM A. ITEM B. ITEM c. ITEM D. ITEM E. ITEM F. ITEM G. ITEM H. ITEM I. ITEM J. APPROVE MINUTES FROM NOVEMBER 16, 1999 MEETING: APPROVE MINUTES FROM NOVEMBER 22, 1999 SPECIAL MEETING: REQUEST FOR BEER, WINE, LIQUOR LICENSE FOR MERL YN SCHMECKPEPER: REQUEST FOR BEER, WINE, LIQUOR LICENSE TRANSFER FOR PAISANO'S BY SCHMECKPEPERlGOODWIN: COMPENSATION POLICIES AND PRACTICES RESOLUTION: LAND LEASE WITH VANCE JANICEK: AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS: TABLED 11/16/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY - NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: TABLED 11/3/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE-FAMILY DWELLING/OFFICE BY ED BeWS - WEST OF TEN MILE AND NORTH OF USTICK ROAD: FINDINGS OF FACTS AND CONSLUSIONS OF LAW: REQUEST FOR VACATION OF lWO 10-FOOTWIDE PUBLIC UTILITY (- Meridian City Council Meeting December 7, 1999 Page 2 ITEM K. ITEM L. ITEM M. ITEM N. ITEM o. ITEM P. ITEM Q. EASEMENTS BY W.H. MOORE COMPANY, LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5,6,12 AND 13 OF BLOCK 7 BY WHITESTONE DEVELOPMENT, LLC: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI-STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC - 1230 E. OVERLAND ROAD: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINI- STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC -1230 E. OVERLAND ROAD: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 96-UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISES, INC. - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF PARCEL "A" FROM RT TO SINGLE-FAMILY RESIDENTIAL AND PARCEL "8" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A THREE- BUILDING RETAIL COMPLEX OF APPROXIMATELY 50,000 SQUARE FEET ON VACANT 5.5 ACRE SITE IN A C-G ZONE BY NORCO - NORTH OF FAIRVIEW BETWEEN EAGLE ROAD AND LOCUST GROVE ROAD: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY QUEENLAND ACRES, INC., TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL FOR THE SOUTH SIDE OF ( Meridian City Council Meeting December 7, 1999 Page 3 ITEM R. ITEM S. ITEM T. ITEM U. ITEM V. ITEM W. ITEM X. ITEM Y. ITEM Z. OVERLAND ROAD, X MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY BILL CLARK/CLARK DEVELOPMENT (TERRACE LAWN MEMORIAL)TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL - 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD: ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO.3 BY WIRT EDMONDS AND CRAIG GROVES - WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: ORDER OF DECISION OF DENIAL: APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: REQUEST FOR ONE-YEAR EXTENSION OF THE 11/17/98 APPROVAL OF THE FINAL PLAT FOR ASHFORD GREENS NO. 4 BY BRIGHTON CORPORATION - PORTION OF THE WEST % OF THE WEST ~ OF SECTION 3, T.3N., R.1W: ENGINEERING AGREEMENT - "NO NAME SEWER TRUNK": ENGINEERING AGREEMENT - FIVE MILE CREEK RELIEF SEWER PROJECT: ENGINEERING AGREEMENT - 1999 WWTP TRUNK SEWER EXTENSION PROJECT: ENGINEERING AGREEMENT - 1998 SEWER MASTER PLAN ANALYSIS OF DEVELOPMENT CONCEPTS: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE- FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL lOTS AND MINI-STORAGE FACILITY BY OVERLAND MINI- STORAGE,LLC:APPROVED Rountree: City Council meeting for the City of Meridian in order at 7:37. City Clerk, would you do roll-call. Welcome this evening. We have quite an agenda before us, but we hope to do away with about a page and a half of it in short order here. Bear with me. I'm substituting for the Mayor who is going to be gone ( Meridian City Council Meeting December 7, 1999 Page 4 ( r for a white this evening, I don't know how long. I'm the City Council President, Charlie Rountree~ The first items on the agenda this evening is the Consent Agenda~ Any discussion? Bird: I have none. Rountree: Mr. Bentley~ Bentley: I have none. Rountree: I'll entertain a motion on the Consent Agenda. Bird: Mr. President. On the Consent Agenda, I move that Item L be tabled until the 21st, I believe, December 21st~ Rountree: January 4th. Bird: Okay. To January 4th. On the rest of it, I move that we approve the Consent Agenda with the Staffs comments from our Pre-Council meeting recorded, and that we have voice vote because we have some contracts involved here. Rountree: You all done? Do I hear a second? Bentley: Second. Rountree: It's been moved and seconded that we approve the Consent Agenda with tabling of Item L and including the Staff comments on the Items as discussed in the Pre-Council briefing. Voice vote; Councilman Bentley. Bentley: Aye. Rountree: Councilman Bird. Bird: Aye. Rountree: Councilman Rountree; aye. All in favor. The Consent Agenda is passed. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 1. CONTINUE PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR ( Meridian City Council Meeting December 7, 1999 Page 5 ( THE ESTABLISHMENT OF A NEW FEE FOR COPIES OF THE ZONING AND DEVELOPMENT ORDINANCE IN THE AMOUNT OF $25.00 AND RECODIFICATION OF NEW CODE BOOK FOR THE CITY OF MERIDIAN: Rountree: First Item on the Regular Agenda is a continued public hearing for the purpose of reviewing and considering the Planning and Zoning Commission's consideration of various technical and clerical textual changes to the Zoning and Subdivision Ordinances. Any discussion? Bird: Give us time to find it, will you? Rountree: It's on the second page. Bird: This is only Consent Agenda here. (inaudible discussion amongst Council members) Rountree: 1'1) open up the public hearing on a review and consideration of Planning and Zoning Commission's Subdivision Ordinance change in the new recodification and new Code Book. Staff, any comments? Stiles: No. Rountree: Mr. Gigray. Gigray: Mr. President, members of the Council, I simply comment that this went through the Planning and Zoning process and the public hearing process because of the fact that my concern that there was a - we increased a fee for, I believe, is it the Comprehensive Plan packet, $25, and there were various little technical changes in the Zoning Ordinance besides a recodification of it to splitting of the titles of the Subdivision Ordinance and the Zoning Ordinance to Titles 11 and 12 where now they are only in Title 11. Since that was in a sense, a change to the zoning Ordinance, we felt it was proper to have a public hearing and go through the process as required by the Land Use Planning Act. This is really part and parcel of the adoption of the new City Code which is on the agenda this evening. But it's not substantive. It's not like it's changing zones or designations of zones or conditions of zones. It's not that kind of change. Rountree: Any questions of Mr. Gigray? Bird: I have none. Rountree: Anybody from the public wish to testify on this particular item? Seeing none I would entertain a motion to close the public hearing. ( Meridian City Council Meeting December 7, 1999 Page 6 ( Bentley: So moved. Bird: Second. Rountree: Been moved and seconded to close the public hearing; all those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: Recommendations? Gigray: Mr. President, point of information for the President and Council members. You don't really need to do anything on this public hearing. It's just to meet the requirements of the Land Use Planning Act. The action that you will take on this will be when you adopt Item No.2. Rountree: Okay. Thank you, Mr. Gigray. Item 1 will be deferred until Item 2. ITEM 2. CONTINUED 11/16/99: ORDINANCE NO. REVISING, CODIFYING AND COMPILING THE GENERAL ORDINANCES OF THE CITY OF MERIDIAN: Rountree: Item 2 is a continuation from our last meeting, November 16th, Ordinance revising and codifying and compiling the general Ordinances of the City of Meridian. Any questions of Mr. Gigray on this particular item? Bentley: I have none. Bird: I have none. Rountree: Staff, do you have any input on this particular item? What would the Ordinance No. be, Mr. Clerk? 849. Mr. Clerk, if you'd read the proposed Ordinance by Title. Berg: Thank you, Mr. President. Ordinance No. 849: An Ordinance for revising, codifying and compiling the general Ordinances of the City of Meridian providing for the adoption of the City, excuse me, for the Meridian City Code as prepared by Sterling Codifiers, Inc., and providing for a method of procural codification and providing for an effectiveness of existing City Ordinances and providing that certain types of Ordinances shall not be included in the City Code and declaring it unlawful to change or amend by additions or deletions any part or portions of the Code to cause the law of the City to be misrepresented thereby and providing an effective date. Rountree: Thank you. This is a public hearing. Anybody in the public wish to testify on this particular Ordinance? Seeing none, motion to close the hearing. ( Meridian City Council Meeting December 7, 1999 Page 7 Bentley: So moved. Bird: Second. Rountree: All those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: We need a motion to take action on this particular Ordinance for whatever your pleasure is. Bird: Ask if anybody wants to read it in their entirety. Rountree: Oh. Yeah. Novice mayor tonight. Is there anybody out there that would really like to hear this in its entirety? Thank you. Bentley: Mr. Mayor. Mr. President. Rountree: Mr. Bentley. Bentley: I move we adopt the Ordinance No. 849 with a suspension of rules. Bird: Second. Rountree: Been moved and seconded to adopt Ordinance No~ 849 with suspension of rules. All those in favor. No. Roll-call; Mr. Bentley. Bentley: Aye. Rountree: Mr. Bird. Bird: Aye. Rountree: Mr. Rountree; aye. ITEM 3. CONTINUED 11/16/99: RESOLUTION NO. BUILDING PERMIT FEE SCHEDULE: ADOPTING Rountree: Item No.3, I'll open the public hearing on Ordinance adopting building permit fee schedule. Mr. Smith, any comments? Mr. Gigray? Gigray: Mr. President, members of the Council, this basically adopts the same fee structure that you have now. I believe there are just a few changes of categories, and that's why this is on here, and also as part of your action in Item No.2, the 1997 Building Code is now a part of the City's Building Code which is ( Meridian City Council Meeting December 7, 1999 Page 8 (. now updated, and that's why we needed to bring these fees current with the 1997 Building Code. That's why it is before you. It's to my knowledge this has been - I know it has been approved by the Building Inspector and by Public Works. Rountree: This is a public hearing. Anybody from the public wish to testify? Mr. Clerk, would you read this by Title and give us an Ordinance No? Berg: Thank you, Mr. President. Just a question for the attorney, if I may. I have a Resolution No. on my page. Does this need to be Ordinance or Resolution? Gigray: I believe it's a Resolution. Isn't it a Resolution for adoption, the fees? think that's right. I don't know. Is it noted - Rountree: It's noticed as an Ordinance. Berg: It's noticed as an Ordinance, but I have a Resolution ready. Gigray: Yeah. That's what it should be. Berg: Okay. Thank you. Rountree: So there's no need for reading of the Resolution by Title. Resolution No. is - again, to get us back on track, is there anyone wishing to testify on this Resolution for building fee schedule, Nos. 273? Seeing none, did I close the hearing? Bird: So moved. Bentley: Second. Rountree: Been moved and seconded to close the hearing. Bird: Mr. President. Rountree: All those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: Okay. Bird: Mr. President, I move that we pass Resolution No. 273 adopting the building permit schedule. Bentley: Second. ( Meridian City Council Meeting December 7, 1999 Page 9 ( Rountree: It's been moved and seconded to approve Resolution 273. Mr. Bentley. Bentley: Aye. Rountree: Mr. Bird. Bird: Aye. Rountree: Mr. Rountree; aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 4. CONTINUED 11/16/99: ORDINANCE NO. APPOINTMENT OF PLANNING AND ZONING ADMINISTRATOR: Rountree: Open the public hearing on Ordinance for the appointment of Planning and Zoning Administrator. Gigray: Mr. President. Rountree: Mr. Gigray. Gigray: Mr. President, members of the Council, this particular agenda item, I believe, is consideration of an Ordinance, and I might report to the Council that this has been prepared now that the new Code is in place, we have, as you know, been trying to search it for potential corrections to meet current practice in the City as it will come about in the next year for appointments of various City officers and Department Heads, I was requested to prepare an amendment as I had pointed out, I think, in former workshops that there was some omissions in the section as to some of the appointments, so as you can see, this proposed Ordinance would delete the reference to the City Public Works Superintendent which is no longer an appointed position, and would add a Planning and Zoning Administrator which is provided for actually in another part of the Code under the Zoning Title, but this makes sure that these are all together under the administrative section of the Code, adds the Public Works Director, Parks and Recreation Director and Human Resources Director. And - Am I looking at the wrong Item? Rountree: No. That's the correct Item. Anything else, Mr. Gigray? Gigray: There's a deletion of "and assistants" which was a part of the Fire Department, and as my understanding in speaking with the Mayor that that's no longer a practice, so that's why that's stricken. I would also mention as an ancillary, in my report, I would report on at least, and these are drafts not for your consideration tonight, but for your information, and we still need input from the l ~ \ Meridian City Council Meeting December 7, 1999 Page 10 ( various affected departments, proposed draft for the creation and Ordinance of Public Works Department and a Human Resources Department as well as the designation of Director and Director responsibilities and duties which would be a follow-up to this, but that will require comment from those affected departments and wouldn't be for action this evening. Would be a follow-up to this in the next couple of three meetings. Rountree: Thank you. Shari, do you have a comment? Gary? Chief? This is a public hearing. Ordinance on the amendment of No. 850 to provide changes in recognition and location of Planning and Zoning Administrator, Public Works Director, et cetera. Anybody from the public wish to testify? Okay. Mr. Clerk, will you read this by Title? Berg: Thank you, Mr. President. Ordinance No. 850: An Ordinance of the City of Meridian amending Section 1, Chapter 8 of Title 1, Meridian City Code by providing in addition for the appointment by the Mayor of the Planning and Zoning Administrator, Public Works Director, Parks and Recreation Director, Human Resource Director and deleting appointment of the Public Works Superintendent and reference to the assistants. Rountree: Anyone wishing to have this read in its entirety? Seeing none and no desire to testify, accept a motion to close public hearing. Bentley: So moved. Bird: Second. Rountree: Been moved and seconded to close the public hearing. All those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: Hearing's closed. What's your desire? Bird: Question, Mr. President. On this Title reading, mine don't say anything about public - Human Resources. It was read that way on the record, wasn't it? Berg: Yes, Mr. President. Rountree: Mr. Berg. Berg: Down below, it is added in the body- Bird: I realize that, but it isn't in Title on my copy I've got. Berg: I guess I inserted it in as a typo that needed to be included in the Title. ( ) ( Meridian City Council Meeting December 7, 1999 Page 11 Rountree: Answer your question? Gigray: We can resubmit the (inaudible) - Bird: I don't like it, but- Gigray: -- the Clerk's c<?rrect. Bird: I don't like - I mean, I realize it says down below, but not in the Title of the Ordinance. Rountree: It's been read in the record. Any other questions? Discussion? Recommendation? Bentley: Mr. President. Rountree: Mr. Bentley. Bentley: I move we approve the Ordinance No. 850 with the amended Title and the corrections in the body with suspension of rules. Bird: I'll second it. Rountree: It's been moved and seconded to approve Ordinance 850; appointment of Planning and Zoning Administrator, Item No.4 with suspension of rules; Mr. Bentley. Bentley: Aye. Rountree: Mr. Bird. Bird: Aye. Rountree: Mr. Rountree; aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 5. CONTINUED 11/16/99: ORDINANCE NO. SERVICE SYSTEM: SANITARY Rountree: Next Item on the agenda is public hearing for Sanitary Services Ordinance. I'll open the public hearing. Mr. Smith, do you have any comments? Smith: No, I don't. /- \ Meridian City Council Meeting December 7, 1999 Page 12 Rountree: Okay. Mr. Gigray. Gigray: Mr. President, members of the Council, I would simply report this is the work of the SWAAC Committee which the Council appointed. President Rountree served on that Committee. The Committee met throughout the past year in working out the details because it was my recommendation at the time that we were approached last year by Sanitary Services to engage in a new franchise and a revision of the agreement that our existing Ordinance concerning solid waste services needed to be updated and so that Committee worked very diligently and this is the net product of that, and this has been held because this was drafted so it would amend the Meridian City Code which you just passed. Rountree: Any questions for Mr. Gigray? Bentley: None. Rountree: This is a public hearing. Anybody wish to testify on Ordinance 851 related to Sanitary Services? Mr. Clerk, would you read this Ordinance by Title? It's a long one. Berg: Thank you, Mr. President. Ordinance No. 851: An Ordinance of the City of Meridian relating to Sanitary Service System, repealing Chapter 3, Title 7 of the Meridian City Code; providing for a new Chapter 1, Title 5 of the Meridian City Code to be known as "Sanity Service System"; providing for definitions, establishing a responsible authority for the enforcement of the provisions of the Chapter; providing for compulsory use solid waste collection; providing for solid waste collection, transportation and disposal without a franchise; providing that it is unlawful to accumulate solid waste and declaring it to be a public nuisance; providing for regulation of waste resulting from construction activities and compost piles; prohibiting open burning and dumping of solid waste; providing for the regulation of the loading of containers; providing that it is unlawful for customers to deposit prohibited wastes not in compliance with the ordinance; defining and making the theft of collecting services unlawful; providing that it is a violation of the Ordinance for persons to discard solid waste in specified locations such as streets, alleys, vacant lots, et cetera; providing for the regulation of the storage of scrap tires; providing for special handling of solid waste materials, prescribing collection frequency; providing for a Board of Adjustment and its authority to prescribe rules and regulations and to adjust rates; providing for the regulation of commercial, residential and multi-family premises service; requiring a site plan for commercial or multi-family new construction or remodels; providing tor collection fees and a method of collection and disposition of fees; providing for a right-at-entry to premises for inspection; providing for franchisee licensing; contracting and bonding of all services pertaining to sanitary collection and disposal of solid waste; and providing for an effective date Bentley: Could you repeat that? ( Meridian City Council Meeting December 7, 1999 Page 13 ( Rountree: Mr. Gigray. Gigray: Mr. President, members of the Council, probably to Councilman Bird's annoyance, I apologize for the - we submitted to the Clerk a memo on November 30th as I was proofing these for City Council meeting, I noticed that the draft that he had prior to that date referenced as was read Chapter 1, Title 4 being repealed and unfortunately, that's the old code. The new code is Chapter 1, Title 4 and the Clerk's office should have, and I can give him my copy, if you want, the reference to Chapter 1, Title 4, it's in - the second line at the top of the Title, and it's Section 1 on Page 2 of the Ordinance, it says, Chapter 1 of Title 4 of the Meridian City Code being the same as hereby repealed. That's - and then you're re-enacting that same Chapter in Section 2. Rountree: If you'd provide that to the City Clerk, it would be appreciated. Anybody out there wish to hear the entire Ordinance in its - Bentley: It's only just that. Rountree: Seeing no interest in that, no one wishing to testify, move for - Bird: So moved. Rountree: -- closing the hearing. Bird: So moved. Bentley: Second. Rountree: Been moved and seconded to close the hearing on Ordinance 851, Sanitary Services. All those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: Hearing's closed. Discussion? Bird: I have none. Bentley: None. Rountree: Recommendation? Bentley: Mr. President. Rountree: Mr. Bentley. ( Meridian City Council Meeting December 7, 1999 Page 14 Bentley: I move that we approve Ordinance No. 851 for the Sanitary Service System with suspension of rules. Bird: Second. Rountree: Been moved and seconded to approve Ordinance 851, Sanitary Service System, with suspension of rules; Mr. Bentley. Bentley: Aye. Rountree: Mr. Bird. Bird: Aye. Rountree: Mr. Rountree; aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 6. CONTINUED 11/16/99: ORDINANCE NO. TO PROVIDE FOR THE EXTENSION AND CONNECTION OF SEWER SERVICE OUTSIDE THE CITY LIMITS: Rountree: Item No.6, the Ordinance 852 if it passes to provide for the extension and connection of sewer service outside the city limits. It is a public hearing. Mr. Smith, comment? Mr. Gigray. Smith: Mr. President, Council members, I guess I have a real comment for this particular Ordinance other than the information that was published in the Statesman this morning concerning Boise City's attitudes toward extension of sewer lines into the unincorporated areas, and I think maybe that's a point of interest that we need to watch. Rountree: Thank you. Mr. Gigray. Gigray: Mr. President, members of the Council, as you recall, this Ordinance, I believe we've discussed before at workshops that the Council's had. This is to provide a process by which the City facilitates extension and connection of its sewer system and water system outside of the city limits to provide a methodology where developers pay for the over-sizing of the need for putting in new lines to serve new areas, and then they can - the City is authorized to enter into late-comer fees with those developers so they can recoup some of those costs not associated directly with their development, but also avoid the need to have to put in two or three lines to the same area, and it also eliminates from your presence code provision the double hook-up fee which is provided at this particular time so that we can bring the provisions of the ordinance more in light with the engineering and the cost studies which are associated with our regular fees, but provide the assurance that City funds for the proprietary funds for water ( Meridian City Council Meeting December 7, 1999 Page 15 and sewer are not used for the extension and enlargement of the sewer and water system for these types of projects. I believe that the Public Works Department and Gary have approved, this Ordinance, and we've felt that we have one project that has pushed this along, and we have - it's been our recommendation to the Mayor and City Council that this would set a policy that the City would have - should establish a policy with dealing with these kinds of requirements, and that's what this Ordinance is designed to do. Rountree: Again, this is a public hearing. Anyone wish to testify on Ordinance No. 852, provide for the extension and connection of sewer service and water service outside the city limits? Mr. Clerk, would you read the proposed Ordinance 852 by Title only? Berg: Thank you, Mr. President. Ordinance No. 852: An Ordinance of the City of Meridian repealing Section 16, Chapter 1 of Title 9, Meridian City Code and amending Chapter 1 of Title 9 and the addition thereto of a new Section 16 to provide for the extension and connection of water service outside the city limits and repealing Sub-section A, Section 26, Chapter 4 of Title 9, Meridian City Code and amending Section 26, Chapter 4, Title 9, Meridian City Code, by the addition thereto of a new subsection A to provide for the extension and connection of sewer service outside the city limits and providing an effective date. Rountree: Anyone in the audience wish to have the entire Ordinance read? Seeing that and no desire for testimony, I would accept a motion to close the public hearing. Bird: So moved. Bentley: Second. Rountree: Been moved and seconded to close the public hearing on Ordinance 852; all those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: Discussion, recommendation? Bird: I have none. Bentley: I have none. Bird: Mr. President. Rountree: Mr. Bird. Bird: I move that we pass Ordinance 852 for the extension and connection of sewer service outside the city limits with suspension of rules. ( Meridian City Council Meeting December 7, 1999 Page 16 (r Bentley: Second. Rountree: It's been moved and seconded to approve Ordinance 852 with suspension of rules; Mr. Bird. Bird: Aye. Rountree: Mr. Bentley. Bentley: Aye. Rountree: Mr. Rountree; aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 7. ORDINANCE NO. SERVICES I FRANCHISE: SOLID WASTE COLLECTION ITEM 8. INTRODUCE ORDINANCE FOR FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION SERVICES: Rountree: Item 7. Public hearing I'll open for Ordinance 853, solid waste collection services. Mr. Gigray. Gigray: Mr. President, members of the Council, I believe you've had handed to you a packet regarded Agenda Item No.8, and I believe that this Item is covered in that particular packet. There's a letter from me to the Mayor and Council dated December 2nd regarding a series of steps associated with this particular matter, and what this is is an Ordinance as it's required by Idaho Code in the granting of a franchise that it be done by Ordinance and so that's what this is designed to do with sanitary services. This is also in conjunction with the development of the agreement, the franchise agreement to petform solid waste collection and disposal services. I would report to the Council, and I believe Mr. Sedlicek (sic) is here in Council chambers, that we have negotiated with his company and his attorney, Mr. Mark Freeman, we have drafted provisions of the agreement. They have commented on that agreement. We've run drafts back and forth, made various corrections and at this point in time, I think that these are both in a position where myself as part of the staff of the City as well as I understand their position is to recommend this for passage by the City Council. In order for us to meet statutory requirements, I would recommend that the Council could receive this as a report this evening, that the Council should then introduce the Ordinance granting the franchise, you could even have a first reading, but then direct the City Clerk to publish the Ordinance, and it has to be published at least once, and that publication must be 30 days prior to the passage of the Ordinance, so then the second reading, and then maybe the motion to suspend the rule would then occur in January to allow enough time for the publication. (? Meridian City Council Meeting December 7, 1999 Page 17 Rountree: Any questions for Mr. Gigray? Gary, did you have any comments that you wanted to make? This is a public hearing. Anybody from the audience wish to testify? Mr. Clerk, if you would read the proposed Ordinance 853 by Title. Berg: Thank you, Mr. President. Ordinance No. 853: An Ordinance of the City of Meridian, Idaho, relating to the granting of a franchise for solid waste collection and disposal; providing for a title definition setting forth the authority of the City Council to grant a franchise and license; setting a term of granting a franchise ordinance for a solid waste collection and disposal to the Sanitary Service, Inc., an Idaho Corporation; and setting a term commencing September 9, 1999, and extending to at least September 30, 2010; providing for a seven-year advance notice of termination; providing for an acceptance; providing for specific conditions; providing for general conditions; providing for indemnity; providing for comprehensive liability and property insurance; providing for limitation on franchise; providing for assignment of franchise; providing for default by 8SI; providing for effective invalidity; providing for savings clause; and providing for all ordinances and resolutions in conflict are repealed and rescinded; and providing for effective date. Rountree: Anyone wish the Ordinance be read in its entirety? Seeing none, I'd accept a motion to close the public hearing. Seven is the Ordinance. Eight is the franchise agreement. Gigray: (inaudible) assume signatures in the meantime. Rountree: Still have a public hearing open and waiting for a motion to close. Bentley: Mr. President. Rountree: Mr. Bentley. Bentley: I move to close the public hearing. Rountree: It's been moved to close the public hearing. Bird: Second. Rountree: It's been seconded to close the public hearing; all those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: Mr. Bird. Express your confusion. Bird: Express it, you've got that right. Okay. We're passing the solid waste collection ordinance, right? We're introducing it. (' Meridian City Council Meeting December 7, 1999 Page 18 (r Rountree: We introduced the Ordinance for franchise. Yes. That's number 8. Bird: That's number 8. Number 7 is - Rountree: (inaudible) Bird: Is the Ordinance - for the solid waste c-ollection services. Rountree: No. I think your packets are misnumbered. Bird: If my packet's misnumbered, so is his stupid thing. Well, you're probably rig ht. Rountree: Item 8 looks like this. Bird: Get your revised one out. The one we got today. Rountree: And it's dated December 6th and received December 6th. Cover letter from Mr. Gigray to the City Clerk. That's Item 8. Bird: Item 8 is to introduce Ordinance of a franchise agreement to provide solid waste collection services. Number 7 is Ordinance No. - solid waste collection services, and this is new, revised agenda of 12/6. Now, if there's another one out, please give it to Glenn and I. Rountree: Mr. Gigray. Gigray: Hopefully I can explain. There's only two Items for consideration. You've already passed, earlier, on the Ordinance that cleaned up and modernized your solid waste Ordinance. Now the consideration has to do with who you grant the franchise to to provide the service, and that's done with two actions; one action is the granting of that franchise by Ordinance, and that's why you have an Ordinance for your consideration, which requires prior publication before it's passed, and it's what needs to be introduced first, and then voted on finally at a later date after the 30-day publication, and then there is also an agreement to provide the services which would be entered into with Sanitary Services in conjunction with your passage of that Ordinance in January. Rountree: So that's the one we've numbered 853, the action on Ordinance 853 is to approve its publication; correct? Gigray: Introduce it and approve it for publication by the Clerk with 3D-days notice, and then set it for final action on the agenda with the Clerk's advice about when that should be. That's the franchise ordinance. ( \ Meridian City Council Meeting December 7, 1999 Page 19 (- Bird: The one - number - I mean, I hate to be stupid, but I am. What is this other ordinance, this number 6? What is it even doing here, then? Gigray: Well- Bird: That's a solid waste collection services. Gigray: Correct. It's not a franchise, thought. It doesn't make - Bird: No, no. That's what I mean. What's it even on the agenda? Gigray: Because it - Bird: When do we enact on it? Gigray: Because - you already have. Bird: When? Gigray: In Item 6. Bird: We did not pass this ordinance. No, we didn't. Six was for the sewer. Rountree: Six is the sewer and the water. Bird: It doesn't have a thing to do with solid waste. Rountree: Five has to do with the solid waste, and that's the City Solid Waste Ordinance; doesn't have anything to do with the Franchise Agreement. It's the Ordinance as it relates to how we're going to deal with solid waste disposal. Hasn't anything to do with a vendor- Bird: What number is this one is what I'm trying to find out. Rountree: That is 851. Bird: Oh my god. Bentley: They lost me, too. Rountree: And 852 was the sewer and water. Bentley: And seven and eight are the same thing. Bird: No. Eight is the Franchise. ( Meridian City Council Meeting December 7, 1999 Page 20 ( Bentley: Uh-huh. Rountree: Then seven and eight are together, in effect, what you're going to do with 853, the solid waste collection services ordinance is to introduce it and authorize its publications. Bird: Yeah. Okay. Rountree: That's what was read. Page 53. Bentley: It should have been done as one item. Bird: Yeah. It should have been done as one item. Rountree: I can't disagree. Seven and eight are essentially one item. Still confused? Bird: No. I'm (inaudible) down now. Rountree: Are you even enough to - Bird: Make a motion? Rountree: -- make a motion? Bird: Yeah. I think so. Bentley: Motion to adjourn? Rountree: Do I have a second? Bird: Okay. I move that we enact upon Ordinance 853 for the publication and of Ordinance 853 and then enact upon it on January 4, 2000. Bentley: Second. Rountree: It's been moved and seconded to introduce and publish Ordinance 853 for solid waste collection services. Bird: That's not going to work. It's going to have to be the 18th. Change that to January 18th, 2000. Rountree: To be publ~shed back on the Council agenda, January 18th. Bentley: Second. Rountree: It's been moved and seconded. Mr. Bird. ,-- ( \ "- Meridian City Council Meeting December 7, 1999 Page 21 ( Bird: Aye. Rountree: Mr. Bentley. Bentley: Aye. Rountree: Mr. Rountree; aye. MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: Item 8 is done as part of Item 7. Okay. ITEM 9. CONTINUE PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 150.79 ACRES OF LAND FOR R-4 ZONING BY BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF OVERLAND: ITEM 10. CONTINUE PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED BEAR CREEK SUBDIVISION OF 326 SINGLE-FAMILY DWELLING LOTS BY BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF OVERLAND: Rountree: Item No.9, continued public hearing for the request for annexation and zoning of 150.79 acres of land for R-4 zoning by Bear Creek, LLC, east of Stoddard Road and south of Overland. Staff, ('II open the public hearing. Bird: Mr. President, could we combine 9 and 10, get it all taken care of at one time? They're both regarding the same. Rountree: Is that acceptable to the applicant? Do the plat and the annexation together? Okay. 1'1( also open the public hearing for Item No.1 0 which concerns the preliminary plat for the same proposed annexation project. Staff? Stiles: Mr. President, Council members, this is the property next to Elk Run Subdivision. It goes from south of Overland Road clear to Victory. There are some significant issues related to the sewer, and I don't know if Gary wants to address those or have Bruce address those issues. It's not that we're against the project, it's the fact that one of the few growth management tools we have available to us is the sewer, and with the introduction of this proposal, we've already had requests for other annexations of subdivisions all the way to Linder Road. We're being hit on the north side with the No-Name Trunk Sewer that Council has put a priority on. With the boring of the sewer under the freeway near Overland and Eagle, that area is going to explode. Becky's here to make her case tonight, but Staff is recommending denial of the project. ( Meridian City Council Meeting December 7, 1999 Page 22 Rountree: Mr. Smith, any comments? Smith: Thank you, Mr. President, Council members. For quite some time, the City Council has had the informal policy concerning pumping of sewage from one drainage area to another. This particular development would be served at some future time, or this parcel of ground would be served at some future time, by the extension of what is known as the Black Cat Sewer Trunk. The proposal that's being placed before us is to gather the sewage from this development and pump it into the Ten Mile Drain sewer. In order to facilitate the Ten Mile Drain sewer accepting this flow, there's a necessity to parallel pipe a length of the existing sewer from approximately in Crestwood Subdivision from approximately Ten Mile Drain north on Linder Road to the railroad tracks. This is 326 lots, I believe, as proposed. Your Assistant City Engineer, Brad Watson, has done a significant amount of work as far as analysis is concerned, hydraulic analysis, on the Ten Mile Trunk Sewer. The impact that this system will have on it, the ability of the trunk line to continue to serve development on the Ten Mile Drain that could be served by gravity. I think at this point, Mr. President, I'd like Brad to get into the hydraulics of the project, proposed project, its impact on the Ten Mile Drain. Rountree: Okay. Watson: Mr. President, Council members, there's been a lot of analysis on this, and I'm going to compress it to a very small bit of data, so if you have any questions that aren't readily apparent to you that seem readily apparent to me, please stop. Doing the hydromodel that J-U-B provided to us earlier this summer, we've estimated - *** End of Side 1 *** approximately 1100 remaining units that can go into the Ten Mile Trunk. This Bear Creek proposal, as Gary mentioned, proposes to parallel about a half-mile of line in the Crestwood Estates area. That's where the bottleneck is in the whole Ten Mile Trunk. That's where the 1100 remaining units of capacity are controlled is in that area. If they parallel that particular line, they will increase the number of ERUs that can go into that trunk. From anywhere from 1200 to approximately 1700 additional units depending on the size of the line that they install. Anything more than that, we're just not going to get out of it because we'll be chasing the bottleneck all the way to the plant after that. That's the - those are the basic numbers. If there's any other questions, I'd be happy to answer them. Rountree: Brad, you indicated that it would add 1200 to 1700 additional units or the capacity would be 1200 to 1700. So we're looking at now we're bottlenecked at 11 00. It could be 2800? ( Meridian City Council Meeting December 7, 1999 Page 23 ( Watson: Councilman Rountree, that's correct. There's 1100 existing with the parallel line. It would, the extra, the total number of ERUs that could be added from today would be from basically 2200 to 2700 plus or minus. Rountree: Thank you. Any other questions? Bird: I have none. Rountree: Gary. Smith: Mr. President, Council members, I'd like to make one other comment. As Shari stated in the beginning of her presentation, we're being delluded with requests for development of property in all areas of the city. Right now, we're in the process of designing about three miles of sewer trunk line between Ustick and McMillan from the Wastewater Plant east to Locust Grove, open up three square miles of development area. The extension of the sewer and water line under the interstate and near Eagle Road will open up a significant amount of land for development at that intersection. We're also looking at extension of the south slew sewer line to the east under Eagle Road that will serve property in that area. So you can see that everywhere we're being asked to look at development. The developments other than in this southwest area would be served by gravity sewer. The gravity sewer lines are going to take awhile to build for the most part, and at the same time, the Wastewater Treatment Plant is being expanded and continues to expand and has been expanding for the past four years or more to provide the increased capacity. When you start pumping sewage, that happens fairly quickly. How far you pump it is dependent upon the diameter of the pressure line and the size of the pump. You can impact an existing drainage system. You can impact an existing wastewater plant in a fairly short period of time. Thank you. Rountree: Thank you. Is the applicant here? Bowcutt: I have a lot of props tonight. Rountree: Give us your name and address. Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 West Overland, Boise. I'm representing the applicant in this matter this evening. These drawings are kind of large. This is the Bear Creek Estates project. Just to give you some history, Elk Run Subdivision adjoins the east boundary. The city limits run along this Kennedy Lateral. Water and sewer are in Caulderwood. The property comes down to Victory Road and then abuts Stoddard a half mile line which is designated for a future collector. The Harden Drain traverses through this property. It's approximately 150.79 total acres. We're proposing 326 single- family homes. The average lot size for this project range from smallest lot, approximately 9200 all the way up to 35,758 square feet. What we've intended here is to provide three types of lot sizes all going up from 9200. This will ( Meridian City Council MGeting December 7, 1999 Page 24 ( - provide larger lot development which the City has asked repeatedly when they've seen projects at this standard 8,000 square foot. The proposed density in here is 2.16 dwelling units per acre. Mr. Johnson, when he brought this to us, gave us the opportunity to design a project that has extremely low density. He gave us the latitude to come in and propose a park site. That park site's 18.62 acres. That would be donated to the City. He agreed that he would pipe the Harden Drain, install the easterly parking lot, provide sprinklers and seed the park with some type of seed that the Parks Department dictates under their standards. We did have multiple meetings with the Parks Department on this project. We got their input on the configuration, the location of it. It would be a community park, as was mentioned in the article in the Statesman this week, on the south side of the freeway. We don't have any parks, and this would function as a regional or community park. He was really excited about it, and we're excited too. We submitted this project knowing that it was an uphill battle. But I'd like to layout the facts of the configuration of this parcel based on your sewer planning maps. This is the Black Cat drainage area you see in blue. As you can well see, it's an extremely large area. None of that trunk exists. Why doesn't any of that trunk exist? Well, probably because all of this area has gone into another trunk. This is Ashford Greens, Turnberry, part of Dakota Ridge, and this development here. English Gardens came in the other day. That's in the Black Cat Trunk area also. It was approved with a special assessment of $1500 per lot, but it was allowed to have a lift station for a very small project with no amenities. So none of this Black Cat Trunk has been built. Here we are in pink, and this particular project is split. As you can see, the Ten Mile Trunk Line service area is over here to the east, and here's the Black Cat; traverses it here and here. It doesn't look like much when you look at a map this size. I think that's like one inch equals 2,000 feet, but when you look at it at a larger scale, that constitutes 17.7 acres. That's 12 percent. So 12 percent of this property lies within the Ten Mile Trunk service area. The rest of the property is on the fringe. What you see in orange here delineates that. This property's on the fringe. In like the City of Boise under their jurisdiction, there are a lot of properties that lie within a fringe of a service area or a drainage area as Staff calls it. I had multiple conversations with two of the City Engineers at Boise City, and I said what happens when you have a property that is split by a particular drainage area or lies within a fringe. They indicated to me whichever trunk line gets there first would service the property. My question to them was what if it took a lift station. They stated, then, a lift station would have to be constructed, obviously, at the developer's expense. They have utilized lift stations in many jurisdictions, Boise in particular, because it allows them to provide service and collect those hook-up fees when the City's not putting out any expense for the trunk lines. To think that you're going to gravity everything within the Meridian Area of Impact is just not practical. It can't happen. Not unless you had trunk lines that were 35 feet deep. We've looked at some trunk extension in particular areas, the Nine Mile in particular, where the trunk line, if extended according to the plan, would be 28 feet deep. The cost to construct that, the cost of long-term maintenance of that, according to other cities, that's just not preferable. So what I'm trying to tell you is other jurisdictions have used ( Meridian City Council Meeting December 7, 1999 Page 25 this to build their coffers up. These lift stations are not considered permanent. They're considered temporary. The lift of the lift station, it may be there five years. It may be there ten years. It varies. But the cost here would be going by the project. We suggested in our letter, prior to English Gardens coming before you, that a special assessment should be allocated on this, or assessed on this Black Cat drainage area. The letter we submitted with our application, we stated that we would like to see at least a $1 ,000 special assessment in addition to the 1700-and-some-odd dollar hook-up fee. Your staff came back with some analysis and said $1500 would be more appropriate. We said great. We accept that. $1500. The issue then came up about the capacity. The capacity of the Ten Mile Trunk is not what it was intended to be. As is today, the Ten Mile Trunk cannot service what is delineated here in orange. The Ten Mile Trunk can't service all of this area. There's a bottleneck at Crestwood Estates up at Franklin and Linder. That bottleneck is approximately 2800 linear feet. So we went to your staff, and we said, well, what if we went in and we corrected that bottleneck? What's causing that bottleneck? Well, it's a 15-inch line, and I brought some handouts to kind of demonstrate to you what that looks like. As you can see by the drawing, that's Crestwood Estates. That section of line you see there is where you've got an 18-inch trunk line going into a 15-inch. That constructs the flow. That decreases over the capacity. So your capacity for the Ten Mile Trunk is already compromised at this point in time. So we said, okay, how about we come in and we replace that 2800 feet of line. Estimated cost would be about $75 a linear foot, so approximately $210,000 would have to be used to go in and replace that line. If we replaced that line, your own staff said, well, that would double the capacity of the Ten Mile Trunk. So one of my points is we're not utilizing the capacity that's there. I'm not taking capacity away from a parcel that's in that drainage area today based on what the capacity of the line is now. I'm going in and we're improving the capacity and creating our own capacity plus a substantial amount above and beyond what is needed for this project. Staff indicates that the Black Cat line will cost about 8.6 million dollars. If you allocate special assessments of $1500 and start creating that fund for that Black Cat construction, then that at some point in time is going to start taking shape. We've got to start somewhere, and that was one of the statements that the Planning and Zoning Commission said: We have to start somewhere. Someplace collecting these funds. Now, I'm not asking you to change your priorities or your focus. I understand fully that your focus, at this point in time, is on the north area in that McMillan, Ten Mile vicinity. However, for someone to think that all of the growth is going to go there, we've got a lot of planning ahead, a lot of transportation planning because you can't go and plop six or ten thousand homes in that north area and have those people get around. This particular property is within about 1 % to 1 % miles from the existing fire station. So it's close to a fire station, it adjoins the city limits, it has access to the interchange at the Meridian Road interchange, and it's got sewer and it's got water. I think those are important points. That's what makes this property unique. You already have eight lift stations in this city right now. Staff indicated in their analysis that those circumstances came about due to a critical reason. ( Meridian City Council Meeting December 7, 1999 Page 26 ( Well, I don't necessarily agree that it was critical reasons, but there were definitely reasons in why those lift stations were accepted. One of the reasons that we bring before you is the park site. We feel that this will add to this community. We're not just coming in with another cookie-cutter subdivision with 3 or 3.5 dwelling units per acre. We're coming in with an amenity that will benefit the community. We're coming in and we're adding capacity to a line that's currently compromised. The community's been begging for parks. Council's asked for larger lots. Look at some alternatives other than the standard R-4s. That's what we'd done. We've worked very, very hard on this project to bring this before you. We think that we have a valid reason. I would challenge any other development to come in and match the low density and this type of park donation. One of the reasons that we have the ability to do this is the location. If I can gravity sewer out the front door of a project, the price of the land is such that the development cannot bear the burden of making a donation of this size, and that's a fact. That's why we see so many projects that come in and they're pretty much built up with lots with a few minor pocket parks. Nothing that has anything of this size. We feel that that is a valid reason. We also feel that it's not precedence setting because of the reasons I've given you tonight. One of the things that was brought up, well, if you take out the park, what's your density? The density, if I remove the park area, is 2.47. So it's still far below what you typically see. We've got private common area in addition to the park which is about 9.56 acres. The Elk Run development that's next door, to kind of give you an example, their density is 3.3 dwelling units per acre. Their lots start at about 6500 square feet because there's a portion of it that's R-8 and then they go on up from there into the second phase, probably averaging maybe 8500 square feet, maybe push 9,000. So our lots are definitely consistent and compatible with what's proposed or what's existing next door to us. I know the staff has painted a pretty grim picture, and I understand what their concern is. They're worried that this opens up a Pandora's box. But I'm not the first lift station to come through the door, I won't be the last. Those other projects had some valid reasons, according to the staff, and we feel that we do too. That's what one can base this determination on. We spent a lot of money to get here. My clients spent over $30,000 just so we could get to this point to have you take a look at this project. I hope that you're looking at this with an open mind because the facts, we believe, speak for themselves that this is a creative plan, we've done a really good job trying to solve the problems that Staff has brought before us. Your staff can't find anything technically wrong with the project. They don't oppose the density, the design; the issue is this lift station. In our opinion, we don't see how the City can lose with a project like this. Most communities would really be ecstatic. We're put in a give-and-take situation here. Yes, we're asking for something from you, but we're also giving something back. It's not that often that I get to get up here and give something back that serves more than just one particular neighborhood. With that $1500, in addition to that, I just figured $1700 hook-up fees, this project will generate $554,200. That would include the special assessment and your standard hook-up fees. Excuse me. No. $880,200. I'm sorry. $554,200 in hook-up fees, $326,000 - or - yeah. Special assessment, $880,200. ( \ Meridian City Council Meeting December 7, 1999 Page 27 Rountree: Do you want to start over? Bowcutt: I'm getting tired and I'm getting cotton mouth. Sorry. I think that's all that I'll say at this point in time. Would like to reserve some rebuttal. Last - oh. One thing I did forget to mention is we did agree, we did write a letter to the Staff concerning the maintenance of the lift station. We stated that we will bear all costs for maintenance of that lift station for the first year. Thereafter, the Association would pay. The way City of Boise looks at lift stations is they have what they call an 0 and M surcharge of $3.11 per household per month, and that's the monies they utilize for operation and maintenance of these facilities. According to Boise, it takes one to two visits per week, approximately two hours per week or 104 hours a year. That was one of the main concerns that your staff has had that these take up employee time, that they're labor intensive. According to some of the other cities, telemetry and other modern things that can be placed on the lift station, it cuts down on the maintenance and also it - Gary brought up the fact the peek flows. There's going to be a lift station on the Black Cat Trunk anyway. It can't flow back to the plant to the east without a lift station. So even when the Black Cat comes, that'll be flowing through a lift station. The second thing is the Black Cat Trunk will come in and intercept the Ten Mile when it is constructed and take some of the Ten Mile away. So eventually, even though I'm going into the Ten Mile, we'll end up getting rerouted, technically, in theory, into the Black Cat Trunk. So I'd like you to keep that in mind. Thanks. Rountree: Any questions for Ms. Bowcutt? Bird: I have none. Rountree: This is a public hearing. Could I get a show of hands of number of people who want to testify? Okay. Please, please. This is a public hearing. Thank you. I'll just point and choose given the raise of hands, so, ma'am, if you would - Yarrington: Thank you. Mr. President and members of the City Council, my name is Carolyn Yarrington, my address is 8830 Morning Mist, Boise, Idaho, and I have property on the west side of Stoddard Road. I hope you take into consideration and staff comments regarding this project. They have taken the time to research the issues, and I think it's important to note that each Planning and Zoning Meeting, staff recommendation was to deny this project. It was brought up by the applicant that it was okay to do this project because it is on the fringe of an existing sewer trunk line. If this is approved, will this extend the fringe line to the other side of this project in which this same developer has already purchase 40 acres? At the Planning and Zoning meetings, it was mentioned that it would not be setting a precedence by building a sewer lift station to pump into a trunk line that was not designed for this area; however, many times there was reference to prior lift stations in Meridian. Even though not ( Meridian City Council Meeting December 7, 1999 Page 28 setting a legal precedence, I believe people would then refer to this project for future approval. I think that this area will eventually be developed and annexed into Meridian, but it shouldn't be done until it can be connected to the Black Cat trunk line which is a drainage system it should utilize. Traffic is already bad at Meridian, Kuna and Overland Roads and also at Victory, especially at rush hour times. How can this project not affect the existing traffic? It should not be approved until major improvements can be made to these two intersections. I think this project creates more problems that it solves, and I strongly oppose it. Thank you. Rountree: Thank you. Yes. Atkins: I'm Joan Atkins, my address is 400 West Victory Road. I'd like to show you where that is on this map up here. (walked away from microphone) The engineering firm keeps talking about the consistency of the development with the neighbors. Well, the only consistency I see with the neighbors is this small percentage up here, but I sure don't see a consistency - sorry, my voice carries pretty well - consistency with the rest of the neighbors, and you know what? There are some other neighbors around besides just this group up here. I've sat through a very interesting process of the Planning and Zoning meetings, and my heart goes out to the people that are in public office in this community right now because you're overwhelmed by the amount of projects and requests and things that are coming across your desks as well as the City and the people that are there. There has been a structure put in place, a study put in place that's supposedly been done in a thoughtful way to create a structure for decisions to be made in, and I think the staff has reviewed that structure and tried to make recommendations consistent with that so there isn't a hodge-podge of decisions being made that just - a patchwork rather than made with an overall plan. It's my understanding the overall plan is still under consideration, and, hopefully, decisions will be made in that format. I grew up on a farm in Idaho. I didn't move out here to move to 326 people. I'm a libertarian at heart, thought, and I never get anybody to vote for, but I understand private property rights. Certainly is the right of this developer to build this property and to purchase this property. I certainly wasn't naturally able to do that, but it is his right to buy that property and develop it. You know, I worked for (inaudible) Development Company in the 80s, and the last time I checked, there were 43,000 square feet in an acre, and I'm still amazed by this process that a 9,000 square foot lot ends up at 2.6 density. Never could quite figure out how that worked. Frankly, there's a lot of those. If you'll actually look closely at that plat, the only reason that you get larger lot sizes on this plat is because you have such a small frontage on the road that then creates this huge triangle, you end up with a few 20,000 square foot lots. Most of them are not anywhere near that size, so again, the map of this process eludes me. Someday I'd like to be educated on how a whole lot of 9,000, 10,000 square-foot lots end up being 2.6 density. Again, last I checked, 43,000 square feet in an acre. So maybe it changed since the 80s until now. The other thing is lawn a residential real - residential interior design firm. I drive subdivisions in this valley for a living. I see a lot of them. I see a lot of them done poorly. I see Meridian City Council Meeting December 7, 1999 Page 29 a few of them done well. I've been, again, interested - this is packed as tight and just as close together as humanly possible. This is certainly the highest density that this property is able to absorb. They're having - it just has to do with configuration of this site is why some of the lots have gotten larger. Anywhere there is a straight road that you could pack those lots in just as tightly as you could, it's been done. If you look at the property all around it, there isn't anything else that looks like that except Elk Run. I have no question in my mind that this property is built beside us that it will negatively, substantially negatively affect the value of our property. And we're not an old farm house that's been there for 70 years, the City's preparing - the County's preparing to tear down because for some reason they requested a road to go through our property; don't plan on that happening, and don't know why that was requested, but there's no question that this property at the value of these homes, and how they're going to absorb it again, I was in real estate development, I have no idea how that's going to work, once all these costs get loaded, how they're going to actually, competitively price these lots once all these freebe - all these things get thrown in that they're going to pay for. They have to cheapen the homes. I'm in residential real estate. I understand what's going to happen. The homes will have to be cheapened for this to be competitive. It's the only way to make it happen if you keep giving all these things. At the prior meetings, again, I guess I'm missing details. They were reque~ting a credit for the donation of the park. I don't know where that negotiation has gone, and I don't know its status, but it's something that needs to be brought up again. In my book, a donation is not something you then request a credit for against your fees. They also requested for a credit against the cost of the extension of the parallel extension against the assessment fees on the special assessment fees on - don't know where that negotiation again. That money is coming in, but they're requesting for it to come back out. I don't know how the City benefits from that. I know the sewer is the overriding issue, and as we went through the P & Z hearings and talked to the staff, I think everyone, and I'm sorry to say this, but believed all along the sewer was such a big problem, that the other issues regarding this development didn't get a huge amount of time because everybody felt the sewer was such a big problem. This is the accident report from the Sheriff's Department from Meridian and Victory from '95 to '99. I can tell you how many Fs are on here, which are fatalities. Someone's got to look at the traffic of that intersection. I'm sorry. You want to add that many trips to it, please give up some help and look at the traffic. The poor guy that was sent out to do the study ended up in an accident at Meridian Road and Amity. The poor guy trying to do the study on whether we ought to have a traffic light ended up in an accident. So I'm hoping, now I know which side he's on, but we really do need some help out there. I welcome any of you to be in my car with me at 20 minutes to eight in the morning, try to make a left turn onto Meridian Road from Victory. Try to make a right turn onto Stoddard at the same time. I'm sorry, but I welcome you not have your throat up in your - your heart up in your throat every single trip. So please give us some help. That was impressive, wasn't it? But I can't fold it back together. This wonderful park that's being donated, unless I'm reading the wrong things in the paper, I'd like someone to explain to me Meridian City Council Meeting December 7, 1999 Page 30 where the funding is going to come from to do anything other than spread grass on it. This isn't going to be this great addition to the city, at least from what I've been reading, they've got significant budget constraints on getting this park built. We are requesting that does happen, that is a needed park site, but that is not within the discretions (inaudible) deeded to the City. It's a deed-restricted site. But somebody explain to me when this wondertul site is actually going to come to fruition. We have playground equipment, very, very large pond that's 20 feet deep on our property. We're going to become the park. So there's a lot of other issues that haven't been addressed just because I think the sewer is such a big issue. I really do. Please, Heavens, I hope the sewer kills the project. I'm sorry, but I do. But, please, I would request that the other issues get as much careful consideration as the sewer's been given, and, frankly, at this point, I don't think they have. Thank you. Appreciate your time. Rountree: There was a gentleman up front here that - Critell: Gentlemen, my name is Wilfred A. Critell. I believe my dad and I and my mom sent you a letter which I hope you received. )'11 show you where we live. Our property is right here (inaudible - walked away from the microphone) - Can I stand right here and talk? Rountree: You can use the microphone. Critell: Couple of things. I don't want to keep going on top. Number one, the park development up here, if you want to see what it looks like, take a drive out Five Mile Road. There's some property that was donated by a developer. Boise City just recently took it over from Ada County, and when I was living over there, they told us that maybe within ten years we'll do something with it. We don't have the time or the finances. Henceforth, this is going to be seeded. That's all you're getting. You're not getting any equipment, you're not getting anything else unless they haven't told us about that yet. In addition to traffic, I get to exit up here every morning. This is not the only bad intersection. This one up here is bad too, and you've got one, two, three, four, five, six, seven extra people trying to fill into this. Traffic is going to be a definite impact on this area. I've got to save something for somebody else. This is the Ridenbaugh Canal. I don't know if any of you have ever swam it. I used to 30 years ago. Fast-moving current. Stay out of it. We've all been warmed, but we all did it. This is going to remain open. Notice the lots all bordering this. I assume this is annexed into the city that as soon as the first child drowns in this canal, the City will be informed. Thank you. Rountree: Thank you. Gentleman in the back that wanted to testify? No? Anyone else that wants to testify? Last call. Okay. Becky, you wanted to have some time at the end? ( Meridian City Council Meeting December 7, 1999 Page 31 Bowcutt: On the issue of traffic, a traffic study was done on this project. It was submitted to Ada County Highway District. We met with Ada County Highway District when we just had a hand sketch to get their input on the configuration of this development. We have a street connection, the Caulderwood street. Caulderwood Street is a designated collector with a 41-foot back-to-back, five- foot sidewalks both sides. The way we connected to it was in the T-fashion so that we could try to distribute our traffic into multiple directions. We did not want a convenient thru-fare onto Caulderwood even though it is a collector without front-end housing. That leads out to Highway 69. In ACHD's review, they have asked us to go up to the intersection of Overland Road and Stoddard and go in and construct a turn lane. That map doesn't go far enough north. So we'll come in here, here's Stoddard and Overland. So we'll go in there and we'll have a turn lane right there so you can have a left-hand turn. That would be an off-site improvement that this project would bear. On Stoddard Road, we would have to install sidewalk, five-foot sidewalk all along Stoddard on the east side only. According to the Highway District and the traffic study, we will need to put center turn lanes on Stoddard because at some point in time, Stoddard is going to be a full-fledged collector. We also intersect down here at Victory, and then Victory wraps in to Highway 69. Based on the traffic analysis, it was determined by the traffic engineer and the Highway District the capacity does exist in this area for this project. Considering the potential density of this project, if it were developed at its highest - you know, highest use, the traffic would be far greater than what's proposed here. I think we're at 3260 vehicle trips per day. Of that about 105 would be generated by the park. The question arose on the park: What's the timeline? The park is in the first phase. This is going to be probably a six- to seven-phase project. People don't recognize that. All they see is a lot of lots on the picture, and they feel oh, my word, we're going to have 326 new neighbors simultaneously. It does not happen. This is a six-, probably a six-year project at least, given current market conditions. Obviously, if the market were to change, then that would either be accelerated or would slow down. But if the park is within our first phase as delineated on the preliminary plat that we submitted to your staff. We've provided landscaping all along Stoddard Road. 30 feet. We've also laid our landscaping so we don't end up with just a straight corridor. We've gone in and proposed parking islands within our cul-de-sacs that are landscaped also to provide additional parking whereas when one finds restricted parking in the cul-de-sac areas. We've got this little intermittent pocket park here. We've tried really hard to come in and make our lots deeper along this area. We realize our neighbors include others and not just Elk Run. We came in and tried to keep a minimum of about 136 feet and ranging all the way up to 152 feet of depth in these lots. These lots are ranging next to this property here, ranging between 100 and 98 feet wide. Obviously, we can't come in and match five-acre lots for five-acre lots, but we have really tried to transition what we're proposing. The other issue is the Ridenbaugh Canal. The Ridenbaugh Canal would obviously be fenced. It would require fencing on both sides according to the City Ordinance. The Ridenbaugh Canal traverses through many subdivisions that we have done. We have always treated the same six-foot, nonclimbable" nonburnable fencing. ( Meridian City Council Meeting December 7, 1999 Page 32 The issue was brought up as far as impact fee credits. Well, we put in our application, and in our meetings with your Parks Director, we discussed that we would like to see some park impact fee credits. That is typically a mechanism that is used to help facilitate the parks. You don't give back everything that you've obviously donated. We're putting out a lot. The piping of the drain, building one parking lot, going in and installing sprinklers. Obviously, it'd have to work off of our pump station which would be under Nampa Meridian Irrigation District's jurisdiction, and then going in and seeding it. And the donation of the land. That's a lot of dollars. A lot of dollars, and, yes, we have asked for park impact fee credits. But that's not any different than the parks that have been built over by the YMCA next to Andrus Elementary. The developer did the same thing. So they say, well, gee, so how long is it going to be until there's play equipment? I can't answer that. We're providing the land. We're going in and putting in some basic things that are requirements so we've got instant green. Just because there's no play equipment doesn't mean it can't be used. We need soccer fields. We need Optimist Football fields. There's a lot of needs out there. Ball diamonds are the other thing. Big complaint in the community all summer long was there just aren't enough places for the kids to have these types of extracurricular activities. There are people that I work with that were driving their kids clear across to southeast Boise when they lived over in Meridian for some of these games. So we do need to provide some areas for these types of activities. That's what we're doing. As far as the monies for the special assessment, we want to pay the $1500 per lot. The $1500 per lot at 326 is $489,000. The only thing we ask is that because we are creating some or additional capacity in the Ten Mile that we be eligible at some point in time in the future for some late- comer reimbursement on that trunk line just for that money spent. That's it. That's all we're asking. We can only do so much~ We're giving - we're kind of at the limit as far as what we can afford to give. As I stated before, this project is what it is because of its location, and you do need to consider the neatness of the project. We've got a good project. I think we can - we've offered solutions to all the problems. I do think that Staff became alarmed, but I doubt if they were any more alarmed than when Vienna Woods came about. I heard the rumblings about that when that happened. They said, well, that's to protect our eastern boundary from Boise. So there was a reason. This is going to provide a good- quality, low-density development plus a city park. We think we've got a reason here too. Do you have any questions? Bird: None. Rountree: Glenn? Bentley: None. Rountree: Becky, it was pointed out by that individual that testified that the developer has purchased additional land in this vicinity - vicinity I think was the word. Is that then going to create an additional demand for utilization of or ( Meridian City Council M-eeting December 7, 1999 Page 33 development, expansion in this area potentially expanding the pumping facility potentially utilizing capacity that's going to be increased with the parallel sewer lines? Is it going to just create this snowballing effect in this area? Bowcutt: The land, I believe, the developer did purchase some land further west, but it's in agricultural use, and it's - my understanding is it's tied up (inaudible). Greg may be able to answer that. Is this our first step? To my knowledge, no. This is what we're looking at here. Greg may be able to answer that. Johnson: I'm Greg Johnson. I reside at 2433 CanAda Road in Melba. I did purchase the, actually, the LLC that owns this subdivision - *** End of Side 2 *** Rountree: Okay. Johnson: We have purchased 40 acres directly across from the city park. It is currently operated as a dairy. It's a small dairy. We felt it important to control that piece of property. We're proposing 326 new homes in this neighborhood over a period of six years, and we need to control when that dairy goes away, and we did purchase that. It is currently leased to Mr. Curtis Peck (sic) who operates that dairy. He has come to us and asked to expand that facility, and we're not allowing him to expand the facility. He's a young dairy farmer, he's getting started in it. Two years, maybe three years he's going to outgrow its capacity, and he'll have to go out by Parma or Melba or somewhere and purchase ground and build a permanent dairy facility for himself. It's tough to transition these neighborhoods, but a dairy and development don't mix, and so we felt it came on the market about the same time we had optioned this property, and so we purchased it so we could control what happened there. Someday in the future, yes, we are going to want to develop that ground, and we'll try and buy other ground in that neighborhood, but we understand that it's probably going to take the Black Cat Trunk to develop that ground. We'd like to get started on it now with these fees for trunk assessments. Hopefully it will start growing from the other end and then five or six years from now, we can come in with another proposal that'll eventually get Black Cat Trunk on this side of the freeway and serve this area. Any further questions? Rountree: Any questions? Johnson: Thank you. Bowcutt: One thing I did want to mention or I failed to mention earlier; the plant is being increased in its capacity. My understanding is you can handle 4 million gallons per day. The new upgrade that's going to take place will bring that up to 8 million gallons per day. We've estimated with this development, based on 3 ~ bedrooms, we will generate 275 gallons per day per home. That equates to ( Meridian City Council Meeting December 7, 1999 Page 34 89,650 gallons per day or 1.12 percent of your plant's capacity. So I just want the Council to know that we do not believe the impact on the plant by this project is even a drop in the bucket. Rountree: Thank you. Anyone wish to testify? Is it something new? You promise? Okay. Come on up. Atkins: Joan Atkins, 400 West Victory Road. The one thing that hasn't - I don't think the project's been submitted because the church - we've been approached by the people (inaudible). Everybody around us is very busy. That's owned by the Valley Church of the Nazarene. They have told us the back of that's all soccer fields. That the church is up against the northeast corner, and that whole back side of that property is all soccer fields. So we're going to be really busy on Saturday afternoons, and that need is going to be met through the church facility over here. I don't know what's going on, but I don't think that plan that's been presented to us for that property has ever been brought up at the hearings. So I just wanted to let you know. Thank you. Rountree: Thank you. Anyone else? Questions of staff? Bird: I'd like to hear the Staffs rebuttal or if they got any different views. Smith: Mr. President, Council members, I don't think that the picture that Becky has painted is in error in terms of what they're proposing to do. The costs on the system, those have all been researched, and I don't think there are any errors there. I see that - what I see happening is that this is the beginning of development in this area. If this project goes forward, I think plans might just as well be laid to locate this lift station somewhere down west of Linder on Overland Road and just make plans to accommodate all the vacant properties within that area because we've been approached by other land owners, particularly the southwest corner of the intersection of Stoddard and Overland Road, interested in developing. Queenland Acre Properties, the east side of Stoddard Road, is in for a Comp Plan change right now, and a portion of it, a very small portion of that property can sewer into Overland Road. That property's going to need sewer. It's just the beginning of development in this area, and I appreciate the comments that Mrs. Yerrington and Mrs. Atkins had to make particularly concerning the traffic. I agree with them that that has been an issue that has not been very strongly addressed. There is a tremendous amount of traffic on Kuna Meridian Road and on Overland Road in the mornings and in the evenings. Particularly in the darkness of the winter months, those intersections are treacherous. Caulderwood will become one. If we go forward with the approval of this project, I think $1500 assessment per lot should be paid up-front, lump sum to the City of Meridian, not on a per building permit basis. I don't believe there should be any credit given for the $210,000 for parallel piping. Our - your staff comments are not in favor of this project, and our policy, the City's policy has been, with a few exceptions as Becky mentioned, pretty tough on pumping on one drainage area ( Meridian City Council Meeting December 7, 1999 Page 35 into another without a real good reason. The northeast part of this town was being protected from the advents of Boise City by allowing the pumping of the sewage from Vienna Woods into the south slew. The construction of the No- Name Trunk will allow that pumping to be placed in the No-Name Trunk. Ultimately, the north slew will have to be built before that pump can go away. I believe with only one exception, we have lift station that's not going to go away, and it's an old one, serves a very small number of homes. I think that's all I have. Thank you Rountree: Thank you. Any other questions? I'll entertain a motion to close the hearing. Bird: I move we close the public hearing. Bentley: I second it. Rountree: It's been moved and seconded to close the public hearing on this Bear Creek, LLC annexation and preliminary plat for 326 single-family dwelling lots. Discussion and recommendations -- (inaudible) Findings of Facts and Conclusions of Law (inaudible). Bird: Got the annexation and zoning first and then the preliminary plat. Rountree: This is the hard part. (Mayor Corrie rejoins meeting at 9:28 p.m.) Rountree: Do you want to take over or do you want to hold off? Corrie: Hold off. Bird: Mr. President. Rountree: Mr. Bird. Bird: Just a comment. This is a nice, a very, very nice development. I think the 18 acres of park would be very, very nice. Of course, the traffic. The traffic's - of course, Meridian's probably still be back with 1500 people if we had our infrastructure in before we developed, or all cities would be the same way. The sewer issue is a real sore spot. We've sat around, to be truthfully, I believe the City and let ourselves get way behind in the sewer deal. We were trying to catch up now which I hope within the next two years we do get caught up. I can't jeopardize the people that are already naturally flowing into the sewer system, but bring in a pump. I know we did that at Vienna Woods, but I think it's a very, , very nice development, but I don't know if we're ready to accept it with our infrastructure that I think we need to get going as a City Council and as a City ( Meridian City Council Meeting December 7, 1999 Page 36 ( getting that going in the right way and getting caught up before we're going to want to - still want to go, we better get, as a City, better get ourselves in line and get going after it. We ask the developers to pay a lot of money and fees up-front, and we put it in the bank. That's alii got to say. Rountree: Mr. Bentley. Bentley: I pretty much would have to agree with Keith. I, too, if from my four years here, I've pushed pretty hard to get the sewer program going to where we can have some orderly growth and protect the infrastructure that we're trying to create. I'm with Keith. I'm really thrilled to see somebody come forward and really willing to donate 18 acres of park land, sprinkle it, get it under way. I'm afraid I'm going to have to agree with Keith also, I can't go with this project just because of the sewer problems we've got. I wish I could say yes to it because I'd love to see it go. Rountree: Do you want to put that in the form of a motion for Findings of Facts and recommendation? Bentley: Well, only after I hear what you have to say. Bird: (inaud ible) Corrie: You're not skating. Bird: You're not skating out. Rountree: I figured that was the case. We have two issues, one, annexation and zoning and the other preliminary plat. At some point in time in the not-too-distant future, this piece of property will more than likely be residential. It will more than likely be R-4. I don't disagree with that, and I think it's consistent with our Camp Plan. It is not consistent, thought, to the extent of what City's usual practice has been as it relates to sewage and drainage basins and pumping of sewer. Water is not an issue. Police and fire, no more issue here than they are anyplace else. Sewer is a definite issue. I applaud the applicant for willing to accept an additional fee per lot, an assessment, if you will, that would be banked toward a trunk line extension at some point in time in the future (inaudible) Black Cat drainage. Unfortunately, I wish this were on the other end of that line than where it is at mid-end of the line. I have a hard time going against the staff's recommendations even with severe conditions. I think there's some ways maybe to make this work, and I believe Gary may have touched on one in terms of maybe we need to look at a sub-basin analysis in this area jointly with the City as well as this applicant and some potential future applicants that have apparently approached the City and see if there isn't a better approach on an interim basis to handle the sewer situation. Having said that, I'm not in the position to flatly deny this application for annexation. I would like to see it deferred possibly for ( \ Meridian City Council Meeting December 7, 1999 Page 37 yet another round of analysis with the City and the developer and any other developer in the area that might participate to take a look at what we can do on a sub-basin basis as it relates to the appropriate spot for temporary pumping station in this area that may accommodate what we all know is coming: the request for development. Maybe we'll do it for a length of time and generate fees of sufficient quantity to at least get us started on the Black Cat trunk line. I have really no comments as it relates to the preliminary plat. I think it's as far as R-4 subdivision developments that have been presented to the City, it appears to be a quality subdivision. The lots are larger than what are required in an R-4 subdivision by some 1200 to several tens of thousands of square feet. It does provide some amenities for the Homeowners Association to utilize and take care of, and it does provide the City with the amenity of a city park; albeit, there is going to be some responsibility on the part of the City to make it entirely usable. So having said that, you know where I stand. I don't - I hate to stop this thing right now because I think there's some issues that we need to explore with the developer, but if we can't go there with them, then possibly keep this process open so we can at least go to the end if it - my recommendation would be to deny the annexation, but my first preference would be to keep it open and pursue that. You guys get to make a motion. Bird: I'd like to comment some more. Charlie, I agree with you 100 percent on that. I don't want to see it die, but in the same token, our staff is adamant about not pumping into that. They don't want a pump station. I think I, too, think it's a very, very good development. I hope that it gets us off our whatever and gets this City in gear to start developing stuff; get our trunk lines out there and do stuff like this so that we don't have to tell people this. I don't know how you would - if you don't deny it, how you continue it. I mean, we can keep continuing it, but I guess, what do you do? I mean, I'd like to see the thing worked out too so it could work. Rountree: Well, I guess my preference would be at least continue it to the point where that could be explored with the applicant and brought back and presented in a public hearing form. Bird: I have no problem with that. Rountree: And then at that time, condition it to a point of acceptability or reach a point where after the public hearing it's denied. Bird: I would have no problem with all of that. Rountree: (inaudible) any suggestions from the city attorney procedurewise. Gigray: Mr. President, members of the Council, if you choose to keep this matter open, and you choose to entertain the idea of additional evidence, in order for you to decide whether or not you would accept this project subject to terms and ( Meridian City Council Meeting December 7, 1999 Page 38 conditions which would come out of that, then what you would need to do then, I guess, would be my opinion, would be to re-open the public hearing and then move to continue it and then I would recommend that you ask the applicant whether or not they would be willing to waive any provisions in our ordinance that proscribe that you make a decision within a certain period of time. I'm not saying that that's a problem at this point, but it ought to be cleared because we do have some issues relative to our subdivision ordinance particularly, and then I would recommend a procedure that you might request that the matter be continued to a time certain with a subsequent staff report based on whatever negotiations came out of this, the developer would have an opportunity, of course, to address that, and you'd probably ought to, since this matter is contested, request that report be provided to the public so that they would have an opportunity to address any issues that might come out of that as well. I don't know how Staff and the developer, given the workload, and you may want to ask the Public Works Director, what kind of a reasonable timeframe there would be to discuss some of these so that you could decide if you choose this action of when to set it for. Rountree: Thank you, Bill. Bentley: Mr. President. Rountree: Glenn. Bentley: Follow-up question for the attorney. If we continue this, does the changing of the Council have any bearing on this? Gigray: Could have a big bearing on it because you have such a limited number here, and with you going off and Mr. Rountree going off, then we've got a quorum problem. Rountree: Actually, we're leaving. We're not going off. Gigray: Excuse me. Leaving off. I'm sorry. So that would limit your ability, and that's a good point to bring up. Because it'd have to be an old business item the first meeting in January. (inaudible) Rountree: Any recommendation by way of motion? Mr. Bird. Bird: I don't have anything. I know we're out of public hearing and everything, but I liked Bill's idea of going back to public hearing and delaying it for two weeks to see if we can work something out that would be - I mean, we have to have it done before January 4th because of you two guys. Bentley: Don't blame us. Rountree: It's not my fault. ( Meridian City Council Meeting December 7, 1999 Page 39 Bird: Well, we got one - Rountree: If you wish to make that a motion - Bird: I would make a motion that we re-open the public hearing on Items 9 and 10 which is the request for annexation and zoning of 150.79 acres of land for R-4 zoning by Bear Creek, LLC and the request for preliminary plat for the same acreage. I would like to ask the developer if they have anything against tabling this for a couple of weeks and seeing if we can work something out. Rountree: Got a motion; don't have a second. Bentley: Second. Rountree: Okay. Moved and seconded to re-open the public hearing on Items 9 and 10. All those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: The public hearing is re-opened. Do I have another motion? Bird: I would move that we continue until December 21, 1999, the public hearings for Items 9 and 10 on the agenda, see if we can, between staff and developer, can work something out that would be acceptable to getting this project taken care of. Rountree: What was the date again? Bird: The 21st. Rountree: Do I have a second? Bentley: It's been moved and seconded to continue the public hearing until December 21st to have the developer and staff coordinate a potential solution. All those in favor of the motion? Discussion. Bentley: Question for Mr. Gigray. Do we need to talk to the developer now? Whether they're interested in even going any farther than this? Gigray: Mr. President and Councilman Bentley, members of the Council, if you're just continuing it to the next meeting, this is the first public hearing that I'm aware of that you've had where you've received the testimony. I don't have many concerns on a two-week delay. I was thinking if more time for discussion than whatever, then we might run into a problem. But with a two-week delay, I don't see that as a problem. I think you'll want to make it very clear to all that are ( Meridian City Council Meeting December 7, 1999 Page 40 here that everyone is invited back and they'll all have an opportunity to address the issues that are brought up that are new at that public hearing whether they're for this project or against it. Rountree: Okay. Anymore discussion? Bird: I have none. Rountree: Okay. Again, it's been moved to continue the public hearing until December 21st. All those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: Motion's been passed. Any other questions? Bentley: Just another motion. Rountree: Need Glenn's favorite motion. Bentley: I move that we take a ten-minute break. Bird: I second it. Rountree: Moved and seconded to take a ten-minute break. All those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT (MEETING RECONVENES AT 10:00 P.M.) ITEM 11. PUBLIC HEARING: REQUEST FOR REDUCTION OF LANDSCAPING REQUIREMENTS TO ALLOW NEW CONSTRUCTION SITE TO MATCH EXISTING AND AS TYPICAL IN THIS AREA AND SUBDIVISION BY DAROL FORSYTHE/SEVEN GATES PROPERTIES - LOTS 8, 9, 10, BLOCK 1, LAYNE INDUSTRIAL PARK SUBDIVISION: PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR SEVEN GATES INDUSTRIAL SUBDIVISION BY SEVEN GATES PROPERTIES, LLC, - NORTH OF LOCUST GROVE ROAD WHERE LOTS 8, 9, AND 10 OF LAYNE INDUSTRIAL PARK NOW EXIST: ITEM 12. Corrie: All right. We're back on the air. It's 10:00. Open the public hearing on 11 and 12. If there's no objections from the applicant, is the applicant here tonight? Is there any objection to opening them both together? Rather have them separate? One is going to be a variance. I see that on No. 11. In 12 is ( Meridian City Council Meeting December 7, 1999 Page 41 ( preliminary. We'll have to take care of the variance and then come back for preliminary plat before we can do that, but we can do them all at once if you like. Okay. Then I'll open the public hearing for Item No. 11 and 12 at this time if it's agreeable with Council. Bird: It's agreeable. Rountree: It's fine with me~ Corrie: Okay. So, Shari, if you will - while we're waiting, Charlie, thank you for conducting the meeting. I was - Rountree: Did you raise a lot of money? Corrie: Yeah. We got $400,000 so far. That's the Salvation Army had the telethon, and they wanted $300,000 and we were at $400,000 when I left. I think they're going to be able to (inaudible) go with it. Thank you, Charlie. (inaudible discussion amongst Council members) Stiles: Mr. Mayor and Council, Item 11 is a request for a variance of the landscaping requirements. The old ordinance section was 11-2-414D2, Items A and C under that provision which require a minimum of one three-inch caliper tree for every 1500 square feet of asphalt. As part of their preliminary plat, they have three buildings, they have three lots, they're requesting to increase the lots to four to allow construction of another building. They're severely under- landscaped out there. The plans that were approved as part of the building permit were never constructed. They do have some landscaping. Our comments regarding the variance of the landscaping requirement are in with your plat comments. They would be on the recommendation to the City Council for the plat, it would be on Page 3, Item 1.7. Staff could support some reduction in the landscaping, but not what they have requested. They're proposing a total of 34 trees for four lots which is not acceptable. We have asked for ten-foot wide landscaped area around the south, east and west boundaries of the subdivision, and in that - by that method, they can accommodate 68 of the 77 trees they would be. required. The entire site is building and asphalt. Majority of the landscaping they do have now is in the right-of-way. They have indicated that they think they meet what the rest of that subdivision has installed as far as landscaping, but we have found no evidence that any of the lots in that subdivision are deficient to this point. We would ask as part of the variance if it is approved that our comments stated- at 1.7 on Page 3 for the plat be incorporated as part of that variance allowance. There are currently three buildings. I don't have the exact lot lines where they would be. Their parking is also severely limited as far as driveways and parking on site. There's a serious problem with on-street parking in this area. This eventually is planned to go through, would go through the Elixir (sic) property and onto Eagle Road. We do have a letter in the ( Meridian City Council Meeting December 7, 1999 Page 42 ( file from Walt Morrow. He was opposed to it. That is, as far as I know, the only opposition from owners within the subdivision. He owns the property right here, and he has met the requirements of the zoning ordinance. I hope that you have a copy of that letter in your packets as dated November 8, and he wanted to make sure that was included in the record. Their proposal is to make the four lots or they would have a building here, a building here, a building here, and propose a new building on this lot. That's alii have. Corrie: Thank you. Any questions? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: Did I hear you correctly, Shari? You've looked at the development in this particular subdivision at this point in time and they are consistent with our landscaping ordinance requirements? Stiles: Yes. Rountree: Okay. Corrie: Okay. Any other questions? Since this is a public hearing, I'd invite the applicant to speak first. Henkley: First, and I have (inaudible) these are the plans for the (inaudible) - Corrie: Okay. I need you to get your name on the record first. Henkley: My name's Robert Henkley. I live at 1036 Taffy Drive in Nampa. I'm with a surveying and engineering company (inaudible) working for the client. If you want to open those up. Basically what it shows is what my preliminary plat shows is the landscaping is built (inaudible) plans. It does have a disclaimer down in the corner, but those were the approved plans, and that is what was built out there. They built the buildings across the lot lines. What we're trying to do, basically, is move the lot lines to reflect where the buildings are and build the future proposed building up in the corner there as shown on those plans. This is a terrible copy. I have the blue-line if you wanted to pass that around. It's a little better copy. You can see the amount of landscaping doesn't go around the perimeter or anything. Corrie: So you're proposing 34 trees on the four lots? Henkley: Yeah. If you have a copy, we brought copies in, you should in your packet, I would imagine, have a copy of the preliminary plat, full-size there that you can see with the landscaping pretty much matches what's on those plans (. Meridian City Council Meeting December 7, 1999 Page 43 ( there (inaudible) built. Also maybe like to bring to your attention, the parking which except for a small area behind Building 1 on the new Lot 4 would meet requirements; however, if we take off a ten-foot strip around the edge, we wouldn't be able to possibly meet parking requirements. We'd lose too much square footage. It's all currently asphalted. All we'd have to do is do a little re- striping back there. We'd have to remove a lot of asphalt, fences. Bird: Are the first three buildings up? Henkley: The first three buildings have been in existence since, I believe, about '94. (inaudible) I've also brought some pictures, if you like, because City - what the landscaping does look like in actuality, and kind of what some of the neighboring ones do. (inaudible) I don't know if you have any other questions for me. Corrie: Council, any questions? Bird: I have none. Corrie: Okay. All right. Thank you. Anyone else in the public that would like to issue testimony? Okay. If you'll give us your name and spell your last name, please. Downing: Sure. My name is Bill Downing, D-O-W-N-I-N-G, I'm with Reineo Construction. Just a couple little quick things. The point of the landscaping not meeting those original drawings was - there were some changes, but it was because of the Fire Department needed access and visibility to get in. I can - I have it on the original (inaudible - walked away from microphone) It's not much but (inaudible) Second point I was going to make is just the street parking. Did you get those pictures of the street scenes? These are just street scenes of that subdivision. (inaudible) Currently in the second building, it's shared by a mechanic, repair shop and a moving company. The new building that's proposed will be occupied by the mechanic shop and the moving company will take over the entire building for no. 2 there which gives them all the parking behind that building. In the pictures, you'll see it's a moving truck that's parked out in front of this facility. It usually is. But that's not just true of the Forsythe's property, either. If you're looking at on-street parking, you'll see across the street, neighbor there, that has three or four cars out there every day. It'll actually improve the parking if they get approval of the variance and (inaudible). I think that was all I got. I just wanted to get that out. Corrie: Thank you. Is there anyone else from the public that would like to issue testimony tonight on Items 11 or 12? Okay. Hearing none, any questions from the Council? Bird: I have none. ( Meridian City Council Meeting December 7, 1999 Page 44 ( Corrie: Okay. I'll entertain a motion to close the public hearing on Item 11 and 12. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we close the public hearing on Items 11 and 12. Bird: Second. Corrie: Okay. Motion is made and seconded to close the public hearing on Items 11 and 12. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay. Discussion. I guess we need to take the variance first. Bird: Are we going to do Findings? Corrie: We'll have to do Findings, yeah, for the variance. We'll need to find out what the Findings are going to be. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I have a question, I guess, for Shari. It's more of a procedural or application - this. variance request, is it for the entire four lots or just what would be a new lot if the plat were approved. Stiles: it would be the entire four lots. Rountree: Thank you. Mr. Mayor. Corrie: Mr. Rountree. I think this is a case where we've got one or more chefs in the kitchen, and we need at least at one point in time because the plat that was before us certainly did indicate that the Fire Marshal did instruct the previous owners as it related to the building permit to remove some landscaping for fire- site reasons. Good bad or indifferent, I can't see why we can deny a variance in that particular - *** End of Side 3 *** I \ Meridian City Council Meeting December 7, 1999 Page 45 aspect. It seems to me I would like to see the intent of landscaping and our ordinance be met if we further subdivide this piece of property and any new development out there be in compliance with our ordinances. I don't know how you would structure that. I guess it would be structured in the Findings that a variance would be granted for the existing development, but then any new development would have to comply with existing ordinance. Looks to me like we're a party to them not being consistent with our landscape ordinance. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: My question would have to be by 1.7 of Page 3 of the preliminary plat, Shari has stated that it is severely deficient, the entire site. I understand what Councilman Rountree's saying about the Fire Department requesting the trees at a certain area being removed. I don't have a problem with reducing the requirements for that amount, but if the entire project is deficient, then I do have a problem with that. I think the projects should meet the requirements that was originally put on it with the exception of what was asked to be removed. I'd like to - Shari's got her hand up. Stiles: Mr. President, Mayor and Council, I didn't realize this new plan was submitted on December 1 st. The comments were prepared prior to this plan being submitted. I can't tell what these symbols are. If they were three-inch caliper trees or if some of them were conifers. Those are six- to eight-foot trees, and they are proposing this part of their variance. I think it's a reasonable compromise is to accept what they have presented as part of their variance. Rountree: We need to re-open the public hearing and then find out (inaudible) close the public hearing on the plat. Bird: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I would move we re-open the public hearing to hear from the applicant as it relates to the proposed subdivision plat that we have before us. Bentley: Second. Corrie: Motion made and seconded to re-open the public hearing that we had - to ask some questions of the applicant. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT (- - Meridian City Council Meeting December 7, 1999 Page 46 ( Corrie: Okay. Motion is approved. Re-open the public hearing. Henkley: My name is Robert Henkley, I live at 1036 Taffy Drive in Nampa, Idaho. Questions? Rountree: Mr. Mayor. We have before us this that has - Henkley: I brought a - Rountree: -- a lot of symbols on it. I guess our question is what do these various symbols, as it relates to landscaping, mean? They quantify the trees, but they don't tell us what kind of trees they are. Henkley: I believe that's in the notes. This wasn't anything to basically we had as a requirement to send you six copies of the preliminary plat. It may have been intended to read any changes in the preliminary plat, but we didn't want to be denied this hearing because we didn't bring the six copies. It's the same as was submitted months ago. Didn't mean to confuse you, Shari. Stiles: I don't see anything in the notes that says what they are. Henkley: If I could look at one, I could find it for you. Bird: This one. The symbol says right there, three-inch caliper trees. Yeah. On this one here. Bentley: That's the old one, though. Bird: This is the original. Rountree: I guess if (inaudible) testify to that effect -- Henkley: I believe (inaudible) site plan. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: My question to the applicant then, is that the symbols on this plan dated December 1st, receipt December 1st by the City of Meridian indicates that those would be three-inch caliper trees. Henkley: Correct. Rountree: Correct? Okay. That's alii need to know. (- Meridian City Council Meeting December 7, 1999 Page 47 ( Corrie: Any other questions? Henkley: Any other questions? Bird: I have none. Corrie: I think that answers (inaudible) Henkley: I believe on the site plan for Lot 1 pretty much answered that. And if I could maybe make a comment, I don't know if this is either here or there, but perhaps we could, you know, if you put a restriction for Lot 1, the new - basically the new Lot - creating where the new building goes to be fully landscaped. I don't know if that would be acceptable to you or not. It's a thought. The rest of it's kind of asphalted and fenced to the - as is. Bird: Mr. Mayor. Corrie: Yes. Bird: I got a question for Gary. I've got a letter here from one of the owners of a building across the street. He's questioning utilities, capabilities of the utilities that we got out there regarding fire mains and domestic water flows. Is there any problem with that, Gary? Smith: Mr. Mayor, Council members, Councilman Bird, I don't know exactly what Walt's concern is. If there's low service or low pressure, I haven't been advised of that. I don't know. This line and commercial core will be connected to the one that's being installed by Elixir to the east so it'll loop in the near future. Bird: Okay. (inaudible) Corrie: Okay. Let's let him finish. Smith: That's alii have. Bird: Okay. Thanks, Gary. Corrie: If you want to come up here, it's still a public hearing. Henkley: My name's Robert Henkley again. Same address. During P & Z, I can't recall your assistant - the Assistant City Engineer's name. He was here earlier. We discussed the water flows, and they aren't real high in that area. I believe they're bringing - going to connect to Eagle Road here shortly. Water and that many trees with city water probably wouldn't help the water pressure. f (, Meridian City Council Meeting December 7, 1999 Page 48 (- They neglected to put pressure irrigation~in that original subdivision when it was built. We don't have the option of watering with irrigation. Corrie: Any other questions? Bird: I have none. Bentley: Question for Shari. Corrie: Mr. Bentley. Bentley: Shari, would the new understanding of the symbols on the map, your comments on the landscape? Stiles: It shows - for the record, we didn't have this until December 1 st. It wasn't submitted, at least as any part of my files. For some reason it's dated 5/24/99. I don't believe that was the date it was probably done. We've got a different date on the plat. But they do show 66 trees on this plan. It is adjacent to the railroad tracks which is going to be hopefully a multiple-use pathway at some point. It would help a lot toward the appearance of the backs of those buildings and the vast sea of asphalt to have the landscaping along the entire border there. I could support the variance provided the minimum of the 66 trees is provided and that those trees be three-inch caliper or if they are some type of conifer tree, they be a six- to eight-foot minimum height. Bird: Shari, what's the date on those plans you're looking after? Stiles: It shows a date of 5/24/99. Bird: Okay. Thank you. Is that the site or the preliminary plat plan? Stiles: It's shown as a preliminary plat of Seven Gates Industrial Subdivision including proposed parking and landscaping layout. Bird: Thank you. Corrie: Any further questions? Bird: I have none. Bentley: I have none. Corrie: Okay. We'll try it once more. Bentley: Mr. Mayor. Corrie: Mr. Bentley. ( Meridian City Council Meeting December 7, 1999 Page 49 Bentley: I move we close the public hearing. Rountree: Second. Corrie: Motion is made and seconded to close the public hearing on Items 11 and 12. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT C~rrie: Any further discussion? Okay. Hearing none, I'll entertain a motion. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we have city attorney prepare Findings of Facts and Conclusions of Law and Decision of Order as it relates to their request for variance and that part of the conditions included in the variance indicate that a variance would be seen with a favorable recommendation provided that the landscaping on this particular site is consistent with the 5/24/99 preliminary plat that was received by the City of Meridian on 12/1/99 and that the tree size and/or caliper identified on this plan be either six- to eight-foot conifers or three-inch caliper deciduous trees or a combination of both. Bentley: Second. Corrie: Okay. Motion made by Mr. Rountree, seconded by Mr. Bentley, the motion as stated in the record. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Mr. Attorney, if you will take care of the Findings of Facts and Conclusions of Law on that. We need to come back then and do the preliminary plat after the variance; is that correct, Mr. Gigray? Can we do that - Findings - Gigray: I think you can proceed with the Findings on the preliminary plat subject to the adoption of the Findings on the variance because all I'm going to do is draft them and send them back to the - so you would act on those after you did the variance anyway. Corrie: Okay. Bird: This is the preliminary plat? ( Meridian City Council Meeting December 7, 1999 Page 50 ( , Gigray: Right, but I imagine that's because this is like a short plat (inaudible), but you still won't have final action on it until you adopt it. Corrie: The variance? Okay. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we have the city attorney prepare Findings of Facts and Conclusions of Law, Decisions of Order for the preliminary plat for the Seven Gates Property to include staff comments and the adoption of the variance as conditions of the ultimate approval of the preliminary plat. Bentley: Second. Corrie: Motion is made to have the attorney draw up the Findings of Facts and Conclusions of Law, Decision of Order with the adjustments on the landscaping to be included with the staff comments. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 283 LOT PLANNED DEVELOPMENT FOR PROPOSED WOODBRIDGE SUBDIVISION ON 80.83 ACRES FROM R-T TO R-4 BY WOODBRIDGE COMMUNITY, LLC - SOUTH Y2 OF THE NW % SECTION 17 T3N R1 E: Corrie: Item 13 is a public hearing. This is a request for conditional use permit for 283-lot planned development for proposed Woodbridge Subdivision on 80.83 acres from R-T to R-4 by Woodbridge Community, LLC, south half of the northwest quarter section, 17T, 3N, R1E. At this time, I'll open the public hearing on Item No. 13 and hear from Staff first. Stiles: Mr. Mayor and Council, you have a significant amount of information on this project. I hope you've had a chance to go through it. We have met with the applicant and their attorney several times, and it's come down to basically just a couple of issues. This property is what was formerly known as the Griffin property, the 80 acres. It's south of Green Hill, west of Magic View Subdivision. Cobblestone Village was approved up in this location here tonight. They are proposing to annex it or they have - you've approved the annexation of this parcel to an L-O, and they're proposing a planned development with a maximum of 283 lots. They're proposing reductions on a number of the Ordinance requirements as part of the planned development, but they have proposed open space, common areas throughout the project with pathways. One thing that will need to be determined once the platting proceeds with this project, the approval ( Meridian City Council Meeting December 7, 1999 Page 51 ( tonight is not the approval of a plat. It's just the conditional use permit. They're proposing stub street or a street connection through to Magic View. It's not known at this time whether this will be the final location. They'll be working on that as they get an engineer to prepare their plans. I believe Ada County Highway District supported more in this area, and Staff also supported that area, but they have committed to having that in operation prior to issuance of the 200th building permit, then that would go through to Magic View and eventually could be able to access the signal at the Chevron and St. Luke's area. The main issue that we have just had to agree to disagree on is this street here, Ada County Highway District - I think I have - there's three different proposals presented for the connection through to Green Hills Estates. This is an existing 50-foot right- of-way in Green Hill Estates. It's never been developed, but the right-of-way is still in tact. The Meridian Planning and Zoning Commission's recommendation was that 18 feet of grasscrete be constructed with a five-foot meandering pathway to connect the two subdivisions and that the ballards would be installed, and this would only be intended as an emergency access. Ada County Highway District, I believe this is still their final plan? Oh. I believe this was the staff recommendation for Ada County Highway District, and I guess Mr. Q'Niell's shaking his head, but he can clarify that. This is what they presented and gave to us in the packet most recently, and it says ACHD, so I assume that's what it was. This is O'Niell Enterprise's recommendation. They're proposing a 12-foot asphalt pathway with four-foot, I put five-foot there because that's our sidewalk requirement, pathway requirement. They're proposing four-foot grasscrete on either side of 12-foot asphalt pathway. In their, in what they presented, you see a - on Page 2 of what they've just submitted this week under the conditions of approval, it seems to be a combination of what they were proposing and what p & Z has proposed. One issue that we had was some of the wording they had there was that they were willing to go ahead and dedicate the 50-foot right-of- way so the possibility would exist. They're showing it as 50-foot right-of-way. So the possibility would exist at some point to make it a public road, but they had put in their conditions that it would be made permanent when ACHD, the City of Meridian, the developer and the residents of Green Hill Estates agree it should become permanent access. I don't know about you, but I don't believe that would happen in our lifetimes to get those four into these together and agree on that. There's the interneighborhood connectivity is very important. I don't - well, here's a better plan. This is the existing public right-of-way that hasn't been constructed. There's also an existing public right-af-way at this location that I imagine we're going to come up with the same problem there. They're not going to want that to continue through. The problem comes with only one access here that - the problems that exist here that when Franklin Road is reconstructed to the five lanes or seven lanes or however many lanes they're going to end up with there, it's going to be virtually impossible for the residents of Green Hill to get out. They can go through and get eventually to Eagle Road through this location, but I believe the policies of Ada County Highway District and our policies are to provide for that interconnectivity. Staff certainly supports the leaving of this as emergency access only for as long as possible, but I think they're going to find (r Meridian City Council Meeting December 7, 1999 Page 52 ( that in the not-too-distant future, they're really going to wish that they had that. Particularly when also the Locust Grove if we ever get the overpass there and they reconstruct Locust Grove Road, that's going to be at least another avenue for them to exit this site. It's also important for our emergency access, although the Fire Department is satisfied with the emergency access only. That was the one point of disagreement. It is a nice project. We certainly could have had someone else come in and pick up that property and end up with a much less desirable result. They've got lots of open space. They've got the Five Mile Creek coming through that they will develop as a common area. You have a clubhouse, swimming pool, all these other pathways and open areas. They have the smaller lots that would be on this portion and then gradually go to the larger lots. These would be the more ideal lots that they have as far as the size and the views that are available because of the topography of the site. They have committed to leaving these as type - what they call Type D lots, I believe, that is at least a minimum of 8,000 square feet. Neighborhood roads, they would all - you had that in yaur packets. All the street sections they have there. They have some very pleasing elevations tor some of the proposed housing within the subdivision. They're allowing for some varied setbacks, side-entry garages. This is the section of Locust Grove Road that they're proposing. Our ordinance states that when they are adjacent to a roadway such as Locust Grove, that the minimum 20-foot planting strip be provided beyond required right-at-way. They're proposing to build this street section, and I am told by Ada County Highway District that this does meet their requirements tor a five-lane roadway even though all of this portion would be in the right-af-way, they would allow through license agreement for this to be landscaped. This would be an eight-foot wide meandering asphalt pathway, and we have discussed with the applicant that we would like to review what types of plantings they have in there as far as this streetscape. They are proposing an additional ten feet beyond the required right-ot-way, but with the end result of what they're proposing would be very nice section. The only caveat would be Staff would ask that any development at least on the east side of Locust Grove Road be required to match this same construction and have the same kind of - even the eight-foot wide pathway with asphalt, at least, so it's consistent so we don't just have a quarter mile that look like that. This is section that shows in more detail how that will look once it's completed. They're showing the two thru-Ianes, the turn lane, bike lane, and then they would have the planting strip and then pathway. So it is a nice view there. Other than that, we have met for a long time. They have put a lot of work into it. They have answered virtually all of our questions and have been very responsive to any time we've asked to additional information, we will be working out some details as part of the preliminary plat, but Staff supports the project and would recommend approval and asks for your decision on the Weatherby connection. If you have any questions. Corrie: Mr. Gigray. ( Meridian City Council Meeting December 7, 1999 Page 53 ( Gigray: Mr. Mayor, members of the Council, just for purposes of the record, there have been some different transmittals from our office with regard to the recommendation of the Planning and Zoning Commission, and I just want to point out for the record that the official transmission is the one received by the Clerk's Office dated received December 6, 1999, which I think you have in your packets. I believe it has front sheet from the Clerk's office, and you'l( see received 12/6/99. It'l( reference this particular - Excuse me. Yeah. It's right here. It has handwritten on it, updated corrected, replace old set in packet, and you'll see a received stamp for recommendation to Council December 6, 1999. That's the correct one. Stiles: Mr. Mayor. Corrie: Shari. Stiles: Mr. Mayor and Council, I just got this tonight, so I didn't get a chance to look at it. I'm not sure that this is entirely consistent with what the Planning and Zoning Commission recommended. It does include some of the comments of Staff. On Page 3, Item 1.1, even though Brad did include some language about the 25 percent and the 75 percent, it's impossible for us to - that PD section has been interpreted in so many different ways that it's really hard for us to quantify what it even means. We're having Carla Olsen re-do our Planned Development Ordinance. That is in the works now. We would like that 1.1 to be stricken. I'm not sure that Planning and Zoning Commission was in agreement with that. Then on 1.2, that's what we were discussing about the Weatherby Stub. That was Planning and Zoning's recommendation. I'm not sure that they were recommending the 20-foot wide planting strip to be required. I'm sorry. I don't have this revised copy. If you're referring to this - I am looking at this, it says updated, corrected, replace old set in packet. But this that I just got, apparently, does anyone have this? This was faxed Ed Miller from - Bill. But this is what I picked up in my packet tonight at 6:00. Bird: Is that for 0 or for- Rountree: It's this one. It's just got the wrong cover sheet on it. Bird: That's the one you told me wasn't right. Rountree: Oh. This has got another cover sheet on it, I think. Yeah. That's right. That's- Bird: The one that we received, this one right here? Gigray: Yeah. It's the one that - it has a cover sheet on it, and this is where we're getting confused which is - this is the Clerk's office has had a number of transmittals, so it's not their problem. It's just so we get the record clear here. I ( Meridian City Council Meeting December 7, 1999 Page 54 ( have in front of me that's in my packet the document that's a routing slip from the Clerk's office dated December 7th that says Woodbridge Communities, LLC, but it references Item No. 0 for the Consent Agenda and actually, this has attached to it the recommendations that we've identified of the - to the City Council from the Planning and Zoning Commission on this particular matter which is the plan - the conditional use permit, case no. CUP-99-037. It consists of 12 pages. It has a received stamp on it of the City Clerk's office of December 6, 1999. Right here. Corrie: I got it now. It was in my - as O. Stiles: Excuse me, Mayor. Does - the 12 pages, does that include the transmittal sheet? I only have 11 pages in what was transmitted to Mr. Miller. Gigray: It's a recommendation to the City Council from the Planning and Zoning Commission consisting of 12 pages, 1 through 12. Stiles: There's no page 12 in - I'm looking at the bottom. Are you looking at the top? Gigray: I'm looking at the footers. Stiles: Yeah. It only has 11 pages. Gigray: I can show you mine. Stiles: I've got several of them now. Gigray: We can't be getting stuff on the 7th, 6th and 7th and - Stiles: I'd like to make sure we're still all looking at the same thing. Bentley: I hear you. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we continue this public hearing until the 12th or until the 21st of December, 1999, so that everything can get - we can all be looking at the same stuff that - in this items on Tuesday, the day of the meeting, it makes it kind of hard to read and look through and get us on the same page. Bentley: I second that. ( Meridian City Council Meeting December 7, 1999 Page 55 (- Corrie: Since this is still a public hearing, we haven't closed the public hearing yet. Counselor, I think the motion at this point is probably going to be out of order until we can get the public hearing - am I correct? Gigray: You can continue the public hearing and receive the testimony that's hear if you don't feel like you've got enough information. Councilman's made a motion - it was seconded and I guess you would have to deal with that motion. Corrie: We can still take the testimony. Okay. Any further discussion on the motion to continue the public hearing on Item 13? Rountree: Mr. Mayor, (inaudible) Corrie: Testimony and then we can do it? Bentley: I'll withdraw the second. Bird: I'll withdraw. Corrie: Okay. We'll still continue the public hearing and have the applicant at this point - Pete O'Niell: Good evening. My name is Pete OINiel1. I'm President of O'Niell Enterprises. We're the managing member of Woodbridge, LLC. I'll introduce my son Derek who's Vice President of Development, Scott Beecham, Development Assistant, and Ed Miller who's talking with Shari at the moment. I'd introduce the rest of our team in terms of planners and engineers, but don't need to do that, that's all part of the record. I would like to just point out that here's a list of meetings we've had with the City of Meridian. It started 18 months ago with the first meeting and started in earnest a year ago, nine months ago with a number of meetings. Since that time, it was submitted in September to Planning and Zoning. Heard the application on October 12, and it was really the 12 and 13. I think that was the meeting that ended close to 3:00 a.m. in the morning, and they wisely deferred a decision until November 9th at which point in time the Planning and Zoning Commission unanimously recommended approval with specific conditions of approval, recommended to the Council that they approve with specific conditions. On the 16th of November, the City Council met to hear the annexation and zoning part ot the application which you did at that time. The next day on the 1 ih of November, we were in front of the Ada County Highway District which unanimously approved the plan including the use of the connection to Green Hill Estates as an emergency vehicle/pedestrian access only within a 50-foot right-ot-way. So there was the option to do more than that at some point in time. The minutes from the Highway District are available. Should be distributed to you. I think just to try to clarify a little bit of the confusion that just took place: If I understand what Mr. Gigray mentioned as the official transmittal from Planning and Zoning Commission that was dated the 7th is essentially \, Meridian City Council Meeting December 7, 1999 Page 56 ,- (' correct. The Planning and Zoning Commission approved it subject to the conditions that were put forth with some modifications to one condition which is Condition 7C, and there's a slight error in the transmission because we didn't see this until today either. It is not consistent with the minutes of that meeting. I think it's a clerical issue as opposed to anything more. This, I think, technically is being submitted to you, and correct me if I'm wrong, counselor, is being submitted as the recommendation of Planning and Zoning. What Planning and Zoning Commission also mentioned is because Shari was concerned that there was a 3D-some-odd conditions that she wasn't comfortable without reviewing them further as written, they should go forward. So we met on the 22nd of November with representative of Mr. Gigray's office and Shari, and worked through each of those 31 conditions. They were attached to the packet that we sent out to you last Friday as Appendix 5A, and it was the red line version of what Mr. Gigray handed out today. They're a little out of sequence. What Mr. Gigray handed out essentially came first, these were the revisions to that that were agreed to on a long transmittal letter, here's what we agreed to and here's what we haven't, and then as of - Shari was gone for a period of time, so she didn't have a chance to review the red lined additions until yesterday, so there was a meeting yesterday afternoon, and subsequently, I believe she's going to had this out today, subsequently, there's further revisions to five of those conditions which are revisions of clarification, and I believe those are part of the records. If not, I believe they should be. Why don't we submit these. These were available for your review. So if you take the ones in Appendix A with these additions, that is what the staff and ourselves have agreed to (inaudible) except the wording in Condition 7C. Having heard Shari's report, I'm not altogether sure we even have a disagreement on that. So I think she covered it verbally quite well of what it is we're proposing. I don't know if that sheds any light on this or not. I mean, just this passing comment, we have always made it a practice to submit a book just for the very reason you all witnessed. The sections one, two, three and four - this is the exact information that was presented and gone over at Planning and Zoning Commission. You're looking at the same information that they did. The Appendix is things that have happened subsequently to that or concurrently with that, so we put them separately so there's no legal question of which came first and so on. That's - we try to go to all this trouble to get it out so the - if one has a chance to read it all, it hopefully clarifies the issue. There was another - there's two other transmittals that were either put in your boxes that you may have gotten. It may have been put in and taken back that were just dead wrong that were done last week in Shari's absence and I believe Mr. Gigray's absence. They tried to get something out and it was just not correct. I believe that's been pulled and corrected. I guess where we go from here - as I mentioned, the only issue I believe that we would presumably take exception with the Staffs report and what you've seen now in writing is that Condition 7C, and that really has to do with the use and configuration of the connection to Green Hill Estates to the north. So I guess at this point in time I would just again point out that Planning and Zoning Commission is recommending approval. The neighbors, and the reason it lasted until three in the morning, A, we didn't start until eight, but there ( Meridian City Council Meeting December 7, 1999 Page 57 ( was a substantial testimony of strongly opposed. They strongly opposed the full- time connection to Green Hill Estates. They were very much supportive of the project with that as an emergency vehicle and pedestrian connection. ACHD approved it. Their policy is similar to the City's. The liked the connectivity to all the neighboring deals, but given the particular conditions of this, they accepted and approved the emergency vehicle only and pedestrian only access to the north of Green Hill Estates. As a practical matter, the staff is in agreement with what it is we'd like to do. Rather than take a lot of your time, I do want to come back and to put in prospective with the site plan the issues surrounding the connection to Green Hill Estates just so we can make sure there isn't any confusion on that. Before I do that, I guess I would follow your lead as to what level of detail you'd like us to present the project. We've put it in the package for you. We've got overheads of all of those things. We can give you a detailed presentation. We can give you an overview. We can just do none of the above and - other than to frame the Green Hill Estate connection issue. I'd look to your Council on how you want to proceed from here. We can - we gave you a little bit of an overview. Last time we could refresh that and not go into a whole lot of detail if that's your pleasure, but given the hour, I don't want to give you a presentation that you're not interested in hearing. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: (inaudible) overview of your proposal - I think we know what you're proposing. What you're recommending is it relates to (inaudible) access and - those highlights that you feel may be of issue, and then you'll have an opportunity (inaudible) rebut anything that comes up (inaudible). Corrie: Okay. Anything - Council comments? Bird: I have none. Pete O'Niell: So you'd like a brief overview? Corrie: I've got a couple of questions, too. I'm not - I don't have the same thing that you've given us in the booklet form. (inaudible) modifications (inaudible) 7th, but go ahead and I'll see if we can work this out here. Pete O'Niell: Okay. Again, as we've - we'll just go through a few- *** End of Side 4 *** Pete O'Niell: -- of this community is a variety of housing types and price points. It isn't a homogeneous subdivision of all similar sizes of houses and all similarly priced houses. We arranged them in neighborhoods that are human scale and ( Meridian City Council Meeting December 7, 1999 Page 58 ( are typically loop roads so that there is not thru-traffic in your neighborhood. Then we try to separate those neighborhoods with open spaces in between so that not every home site is - we try to get a SO/50 balance between home sites that have fences on three sides and some that open up onto open space. We used to try to get everything onto open space and found that there are a number of people that like a totally fenced in yard. We tried to get some half-and-half. We like the open feeling. I think another major characteristic of this project as in others is there is a hierarchy of streets. Woodbridge Drive is a full 37 -foot of pavement with no parking allowed, and it serves as just a residential collector to get to the little neighborhood streets. The section that's included shows a setback meandering sidewalk on one side and heavily landscaped to 72-foot right-af-way. We would have a license agreement with ACHD to maintain heavy landscaping. Very similar to what's going down through Surprise Valley, not dissimilar to what goes down through River Run. Then as you get into the neighborhood streets, they're 29-foot section sidewalks on both sides, but again, they don't go anywhere other than serve that neighborhood. They don't have to be expandable in the future. I think Shari did a good job in explaining the proposal for Locust Grove. I think another characteristic would be the active community center which Shari touched on. There's roughly four acres of open space there and play fields, swimming pool, small clubhouse and parking for the use of the residents. Again, we put open space into different categories. Some of it is the usable space there at the recreation center. There are some pocket parks in some of the neighborhoods that just soften the entry to the neighborhoods and gives the kids a place to romp around locally, then there's the separations between the neighborhoods. There's also that heavily landscaped area along Locust Grove. There are some environmentally sensitive issues on the property; there is some delineated wetland which runs down through here. They need to be enhanced. It's pretty trampled at this point in time, so that's a little wider section that we'll try to retain the or regain the wetland character down through there. Then you have Five Mile Creek which is really the distinguishing feature to this community. There's quite a bit of elevation difference from the top there down to Five Mile Creek. It, again, is pretty trashed with the cattle operation over years. We've had good success in enhancing those and rehabilitating them, so there's roughly a four-acre strip right through the middle of the project, 2/3 through the project that will go along the Five Mile Creek. There's also a pathway that goes through there. Talking about pathways, we find that the number one attribute that most residents like in our communities is the pathway system. More so than tennis courts or swimming pools or something. They like to be able to get out, walk around, not being on the streets. We've got pathways all over the place here. You can get from neighborhood to neighborhood without going out to the main road by cutting through little paths in the open space. All of the pathways lead to the Ree Center sooner or later, and then we've got the pathway on Five Mile Creek. Now, the Five Mile Creek pathway is designed that if, as and when the City of Meridian is able to - in your Comprehensive Plan there's a major statement in terms of Five Mile Creek being connected publicly, so if that ever connects to anything, that pathway is designed / i Meridian City Council Meeting December 7, 1999 Page 59 to connect and continue on beyond the borders of this property and can be made into a public amenity. What have I forgotten here? Oh. There was some concerns by some of the neighbors in terms of neighborhood fencing. I think we will provide good-neighbor fencing wherever we interface a neighboring community. Good-neighbor meaning it looks good on both sides; there's not a good and bad side to that. I commented on the interface with the Meridian City parks and pathway system. The Locust Grove Street section (inaudible) irrigation system. We do have water and water rights. We've worked with Nampa Meridian Irrigation District and will provide pressurized irrigation to all of the landscaping. We will also deliver the irrigation water to all of the downstream users; either in surface, ditches or some other means that is satisfactory to the irrigation users in the district. We're willing to commit to not exceeding the 283 home sites that we're suggesting even though the zoning would mathematically calculate to more. Shari touched on the fact that as the CU or PUD, in order to make this all work, we have some variances and terms of square footage of lot sizes, frontages of lots, setbacks and they're all laid out in a chart that is in the material and gone over in great detail with staff and Planning and Zoning. Those are the trade-offs. We found that customers like it, we like it, do some different sized housing, lots, setbacks in turn for the open space and the pathway system and the recreation amenities. With that, as a very quick overview, is there anything else we missed? The whole issue, then, becomes - not the whole issue, but the issues that seem to have (inaudible) the most concern with the neighbors and staff here at Meridian and at ACHD for that matter, is this whole Green Hill Estates access. But to put that in prospective, the primary access to the project is off of Locust Grove Road, and you can see the way that it's drawn there. It's kind of a very loose rendering of a pretty substantial entry, and that is, according to traffic study, where how many? What percentage? 90 plus percent of the traffic will enter there. High percentage. As you know, thanks to the work of Mayor Corrie and others, hopefully Locust Grove Road is going to improved with an overpass and carry some traffic sooner than later. Which moves the problem down to Franklin, and we're all aware of that, and hopefully we can be part of the solution to that issue. So when we started looking, okay, that's how you get in. How do you have a second way in and out of the property? The easy thing for us to do would have been to use the existing 50-foot dedicated right-of- way on Green Hill (inaudible) going into Autumn Way and just run the street out there and say we're done. I mean, here's how you get in, here's how you get out, and we're done. We did meet with the Green Hill neighbors and the neighbors all around us. It was very -we did nit need a lesson in politics or anything else to understand that would not be a popular suggestion with the neighbors in Green Hill Estates. So we started looking at - we had been looking at the connection to the east to Magic View Subdivision. It became clear that really the way the traffic ought to flow is from West Locust Grove Road, and if there's a second way out, it ought to be headed east and connect up with Magic View at a signalized intersection on Eagle Road. Now there's two schools of thought on that. One is that it should be a direct connection and just siphon a lot of traffic through. The other school of thought is that it's somewhat of an indirect ( Meridian City Council Meeting December 7, 1999 Page 60 ( connection. You can get there, but you're not substituting for the major highways like Franklin and whatnot that are designed, and should be designed, to carry the traffic and not siphon off traffic through the project. We opt, obviously, for the secuitous (sic) route. Planning and Zoning supported that. The Highway District supported it. So the only issue to the east, and we've agreed on when that has to be identified, and when it has to be built is does it come out the southeastern corner and make a hard turn to the south - to the east and connect up with an existing cul-de-sac, platted cul-de-sac, or do we go out somewhere else? Everyone has a different opinion on where that ought to be. Our opinion is, we'll put it anywhere. I think it's really a function how that Magic View area develops. If it doesn't develop by the time we need to put it through, we've got to figure a way to get it out. So that is our view of where the secondary access goes. Then you get to Green Hill Estates and I think a full-time access through there at this time of - full-time vehicular - is a belt and suspenders. Traffic studies say you don't need it. You can carry all the traffic back out to Locust Grove Road and work its way through Magic View onto Eagle Road, and you really don't need a third full-time access to Green Hill Estates; on the other hand, there is an existing 50-foot right-of-way. We said we would match it up with a 50-foot right-of-way, but strongly you're urged, and our plan revolves around that being an emergency vehicle access, both of the benefit of the residents of Green Hill Estates in case their roads get tied up, there is another way for emergency vehicles to access Green Hill through Woodbridge and vice-versa. We want to - and it be a pedestrian connection so kids and neighbors can walk and play with their neighbors without having to get out on the busy streets and go around. So we want to make very clear the different issue. The issue, I think, is the use of the connection to Green Hill which is emergency vehicle and pedestrian-only within a dedicated 50-foot right-af-way that could be changed as needed in the future. Second issue is the design and the timing of it. Everybody has a different view of the design, and I think we changed wording and the conditions (inaudible) - design acceptable to the Fire Department, acceptable to the Highway District, acceptable to Meridian and acceptable to ourselves and the Green Hill people. I think the intention is to make it soft from a visual standpoint and a pedestrian standpoint, but to make it functional from Fire Department standpoint and emergency vehicle standpoint that you don't have to be a rogue scholar to figure out how to get through it. It's pretty straight path to get equipment and trucks through. Whether that's a gate or breakaway ballard or whatever, we'll work that out with the technical folks. We've done it both ways. So those are the issues. I think the wording is correct as it relates to the uses, emergency vehicle and pedestrian. I think there's an error in the transmittal today which one could get confused - the level of development and just when it happens. We've committed that by the 100th occupancy permit that that emergency access is functional. You can get to it, you can get a truck through it, you can respond to emergencies. Then between that and the development of Phase II, that's how that would function. When we develop Phase II and the loop road around there, that will be finished in its permanent condition with the hard surface and the landscaping to go in as we do the rest of the project. Is that stated properly? So that's the - as ( Meridian City Council Meeting December 7, 1999 Page 61 ( quick as I can make it, and I guess I'd rather take your valuable time answering the questions rather than trying to guess what it is you might want to hear. Corrie: Questions? Okay. Pete O'Niell: I guess I would having listened to Mr. Bird's motion, and I certainly understand it if I was in your position and got thrown that much stuff in that confusing manner, I'd say, wait a minute. You get organized, and we'll talk about it later. I'm not sure you have to do that. I think - I'd like to see act on this - we've been very responsive. We've gotten drafts out. I think other than this presentation tonight, I think it is pretty clear the steps that have gone through and really is not that much - there is no debate in terms of - as long as you confirm that this is an emergency pedestrian connection and not a thru-vehicle connection. I think the redline drafts work with one minor edit. It would be OUf, obviously, our want to go ahead and act on this. Corrie: Okay. No questions ot Council, we'll see what somebody else has to say. Pete Q1Niell: Okay. Corrie: Okay. It's a public hearing. Is there any other for the project at this point? Okay. Rockrohr: My name's Dick Rockrohr. I live at 2715 Autumn Way. Corrie: Okay. Spell your last name. Rockrohr: R-O-C-K-R-O-H-R. I guess I'm representing the Homeowners Association tonight. Usually there's a roomful at my neighbors in these things, but we kind of thought it was all done as far as we were concerned after going through Planning and Zoning and having them vote unanimously that they wanted it to be a soft-access with ballards like we discussed. Then going to ACHD and have them vote unanimously also that the secondary access should come out and go to the east into Magic View and then access the light on Eagle Road across from St. Luke's. So the neighbors were all happy, and then we heard that Staff is going to (inaudible) their demand that it be a regular access through there, so I guess I was the only one who got mobilized and got down here. The homeowners in Green Hills are supportive of a project like this rather than something that wouldn't be near as attractive. We like the open space, but we realize that development's going to happen. The access as proposed which gives the option for the right-at-way it in some time in the future in that we really need it, but still reserves the quality of our neighborhood as a quiet cul-de-sac type neighborhood opposed to one-acre lots and half-acre lots that this is how we'd like to see it and so far, everybody's agreed with us except for Staff, it appears. So thanks a lot. ( Meridian City Council Meeting December 7, 1999 Page 62 ( Corrie: Any questions from Council? Bentley: I have none. Bird: I have none. Corrie: Okay. Thank you. Anyone else to testify? Meecham: My name's Brian Meecham, I live at 2159 Autumn Way, and I'm one of the neighbors that showed up. I live just east of the Weatherby Drive stub, so I'm the property that butts up against it. Mr. Fender, who's been here on many meetings, he lives just to the west of stub road and he has asked that I represent his views on this stub street. He was not able to attend. Kim Knowlton, who is the Chairman of our committee that deals with this, we formed a committee in our subdivision to deal with - work with the Woodbridge Development, and she was unable to attend tonight and wanted you to know she's very interested. I'm a member of that committee, so I represent the Committee and their views on tonight. One of the things that I'd like to say is we have worked well with the developer. They've been very open to and have given us good suggestions. When we first started out in this process, we were saying we didn't want anything coming through that road. We were basically saying let's keep this subdivision separate. They worked with us, counseled with us that maybe we ought to be a little bit more free with what we want, and we accepted an emergency vehicular access and pathway approach. The only surprise tonight is this is the first time I've seen the design of the developer's desire for what the pathway would look like, and I would have to get somemore information, but as I look at it, I don't like what they're proposing. I don't think a 12-foot asphalt pathway's good because a car can get on that asphalt pathway pretty easily. I might have misunderstood, so I'm willing to listen, but I do like the Planning and Zoning's recommendation of the 18-foot grasscrete with a five-foot meandering sidewalk. Just so you know, our subdivision's been very active in this. We went around our neighborhood and you have, hopefully, our petitions. We had over 75 percent of our neighbors sign the petitions to say that we only wanted, if anything, emergency vehicular access. I think actually the petition said no vehicular access, we just wanted a pathway, but we have caved and said emergency vehicular would be okay. We've been to two Planning and Zoning meetings, and unfortunately I've been here 'til three in the morning once and was a little disappointed when I heard you were going to maybe continue this because, again, we sat here until this hour tonight. We've also been represented at Ada County, and we've had quite a few people at each meeting, and like my neighbor said, we kind of were hoping that you would see the same way as those two government bodies. Just to give you a brief, try to keep it real brief, is the history of the subdivision. It's over 20 years old. I know that you've had to deal with this on the east end of our subdivision for all the development that went with McDonald's, Chevron, and so you're probably pretty familiar with our subdivision. You might be a little surprised that we are ( Meridian City Council Meeting December 7, 1999 Page 63 actually working with the developer here and not against the developer. Some of the concerns that we have and why we want to limit the access to our subdivision is we have few street lights in our subdivision. At nighttime, it's dark in our neighborhood. We have no sidewalks in the acre lots, so we have no place for our children to walk freely within the subdivision which is a concern even today. There are no stop signs on any of our - I don't know if you have a picture of our subdivision, but there are no stop signs except for the four exits. So we have free-wheeling going on within our subdivision and any additional traffic would just cause more problems. In fact, as I've almost been hit head-on twice because of people cutting the corner on the road. We have seen increased traffic coming from Franklin to cut through so they don't go through the Franklin Eagle exchange. They cut through our subdivision, and at night, I've watched them cut back through and go to Franklin to avoid, and there's where I've almost been hit head-on as cars coming, flying by there that are on their way to Franklin. The stub road at Weatherby has not ever been developed and has just been sitting there. I've enjoyed the use of it for the last two years. Another thing we have in our subdivisions, many walkers and joggers in our neighborhood. We have the horse riding and the children. It's just a very nice little development. What we've heard at the Planning and Zoning meeting is they've recommended the emergency vehicular access. We understand that the first meeting, staff said no way. It's got to be a road. Then at the second meeting, if I - I don't want to quote incorrectly, but I think they said emergency vehicular access could be considered. At the end of that second meeting, it was the recommendation of Planning and Zoning to put grasscrete road and the five-foot meandering sidewalk which, you know, same thing we heard at ACHD. The fact is, one of the ACHD Commissioners said maybe we don't even need anything. Maybe we can just not put anything there and then they quickly said, well, they need to be good neighbors and have the access. We agree with that. We agree with the developer. We think - we're in favor of the development. We know we had other types of developments behind us, and we are very respectful of the work that Q'Niell Enterprises has done in other developments and look forward to a nice development in our back yard. Based on everything we've heard, our recommendation from our subdivision is that you also approve emergency vehicular access only and make this sidewalk and grasscrete so that it doesn't look like a road. Anyway, we respectfully ask that you follow those recommendations of the ACHD and the Planning and Zoning and the developer. Thanks for your time. Corrie: Thank you. Anyone else like to issue testimony? Yes, sir. McMillan: My name is Reece McMillan. I live at 870 South Locust Grove Road. I'm not an eloquent speaker like Mr. Q'Niell is. I want to get right to the point: traffic. We now have a road coming our East Central coming down on Locust Grove, and Mr. Bird said, well, one day we'll be (inaudible) paved. Now the City is providing us with some pretty close police protection. We'll have another road coming out on our road on Water Tower Lane. This road coming out of the ') Meridian City Council Meeting December 7, 1999 Page 64 / l subdivision on this is going to throw more traffic on Locust Grove, and the only thing I can say is that I wish this thing was postponed until they get some kind of development down on the corner of Franklin and Locust Grove; stoplights, something down there because right now we've got trucks coming in out of our road which we never had before, and the traffic is more coming in. Now they're going in Jabill, all the area up in that commercial district. Like I say, that's all I have to say. I just wish this was postponed until we get something done on the corner. Thank you. Corrie: Thank you. Fox: Alan Fox, 1840 Cadillac Drive. Mayor, Councilmen, I live at Locust View Heights Subdivision which is on the lower part of this. I would like to see if you're going to pass it that when you issue the permit so he can start his 80th home there, the road goes out to east because those people in here are going to use that. I have trouble getting out at 6:30 in the morning and go to work. I got traffic coming in. So you put 200 in there before you shove it out the other way, we're going to have a bottleneck that's going to be like - it'll carry it. We can run everybody through Milwaukee and Franklin, too, but nobody wants to go to it. That's what we'll have done there with no lights on it. So when you issue the 80th permit, the road goes out the other way, and I'll bet you half of those people will go out that way to hit Eagle if they're going on the freeway and go out because it's going to be - it's hard to get on Franklin in the morning. That's all. Corrie: Okay. Lindley: I'm Ann Lindley, and I live at 1790 East Cadillac Drive in the Locust View Subdivision. This new subdivision would also back up to my property. I think it is well laid out. My main concern is the traffic on Locust Grove. Locust Grove is a two-lane road, and part of it comes right off in a steep bank. Not far from where their entrance would be. This could be a very dangerous situation. We do need to have better access onto Franklin, and I really think this should be postponed until Locust Grove, the Locust Grove situation is taken care of. One other thing that I don't know whether they know that Five Mile Creek occasionally, when we have a real heavy rainstorm does flood. It becomes very wide. So they maybe need to know about this. I think that's about all I have tonight. Thank you. Corrie: Anyone else like to issue testimony? Lindley: I'm Mervin Lindley. Most of my concerns have been mentioned, but- Corrie: Give us - (~ Meridian City Council Meeting December 7, 1999 Page 65 ( Lindley: -- and concerned a little bit about the high density of housing. I prefer to see it lower. As it was also brought up that there should be a second access to the subdivision. Corrie: Okay. Give me your name and - Lindley: Mervin Lindley. Corrie: Address. Lindley: 1790 East Cadillac Drive. Corrie: So we get it on the record. Thanks. Lindley: That's all. Thank you. Corrie: Anyone else? Okay. Which one of you want to take any questions that they might have had? I guess I've got a couple of questions, Pete. Are you aware of the Five Mile Drain and the possible flooding - Pete OINiall: I was going to start at the bottom and work my way up. Yeah. We've - do that work very seriously and studied all of the data. There is a floodway and a flood plain related to Five Mile Creek. We've walked one end of it from and driven from one end to the other, and there's going to be a lot of backed up culverts from one end to the other because there's all kind of places that are pretty strained. The reason we're calling it Woodbridge is we couldn't come up with a culvert design that would really carry the presumed flood flows if they could get through some of the other constrictions and get down there, so we actually planned to build a bridge, ultimately, that would pass the flood flows. As it relates to the traffic on Locust Grove and the intersection at Locust Grove and Franklin, we truly want to be a part of the solution, not part of the problem. At least it seems that the way you get things done is you kind of make the problem bad enough that there's some momentum going to fix it. I would just as soon try to take a leadership position with the City and anyone else who would like to join us and all of the property owners that have recently come on and will contribute to that. There's no reason we couldn't put some kind of LID in effect and accelerate the improvement of that intersection. We're going to try to sell homes there. If people can't get to them or get from them, that's going to be hard to do, so we're in agreement with the neighbors that that should be a very, very high priority, and we'll do our pro rata share with Jabill and everybody else who is accessing onto that road, and I work with wh'oever you folks would like to work with to try and accomplish that. I think we're going to get further by being proactive with the Highway District than just saying you can't do anything until the road's approved - improved, and never will get approved. Other than that, the folks from Green Hill Estates are consistent with their other representatives at other meetings and don't really have a need to say anymore on that. (f Meridian City Council Meeting December 7, 1999 Page 66 (f Corrie: Okay. One other question. Somebody brought up (inaudible) that east road to Eagle Road; how soon do you want - are you planning on putting that in 80 homes or 200 homes? Pete O'Niell: Well, the condition as written, I believe from memory, somebody can read it while I'm - is that we need to identify prior to platting anything on the east side of Five Mile Creek, we need to identify where that's going to be. Prior to the issuance of the 200th building permit, which would be the beginning of construction in the second phase, we actually have to have it built and functional. And the Highway District said, you know, 250 is when it should be connected. It would be, frankly, a hardship we probably could not work at 80 or 100 to build a road all the way through to connect through some people's pasture land that don't want to be connected early on, so I just don't think that's going to work. But as a condition reads, we have to identify prior to platting the second phase which is the east side of Five Mile Creek, and we have to have it operational by the 200th building permit. Corrie: Any other questions? Okay. Thank you. Pete O'Niell: I - this would - for the record, that's like counselor says, we believe that the conditions of approval that we hope that you will approve are included in Appendix A with the addition of what was handed out to you earlier that says agreed modifications to conditions of approval December 7th, and those two combined become the recommended conditions of approval with the one addition that in 7e, the stricken sentence that says, until the 166th certificate of occupancy issued the emergency access may be (inaudible) all-weather service, that had been inadvertently stricken; shouldn't have been because you could read that condition that we'd have to put the grasscrete hard surface, everything in when we connected on the 100th house for emergency purposes, so this gap and logic, if you read that, and that shouldn't have been stricken. But other than that, I believe those are the conditions that everyone has agreed to. Gigray: Point of information. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, I might mention that from a procedural standpoint that I did participate on meeting with the developer's representatives, and we used as a base document what I think Mr. Q'Niell is identifying is Appendix A, I'm looking at a document that has a reference conditions of approval, Woodbridge Planned Development, and then it's dated November 9, 1999, appears to be a staff report with a redlining and strikethrough which was the source document that we used at that meeting. Then, as I understand it, Mr. O'Niell's representatives, and I think Mr. Ed Miller's present here, then supplied what is called this Agreed Modifications Conditions of Approval dated December 7, 1999, which references certain conditions therein, (c Meridian City Council Meeting December 7, 1999 Page 67 and I would, and the reason I point this out, I think this may help the Council focus on what conditions are being talked about, and you might want to ask Shari if that's her understanding of what she's addressing, and I would also point out from a legal standpoint, my advice would be I would have some concern of what I see is Condition 31, and that's not in these documents I just identified. I'm talking about the recommendation of the Planning and Zoning Commission. I would point out that the Development Agreement which is being - has been prepared for signature on the part of this developer would include a provision in that that the Development Agreement would be automatically amended by the conditions of conditional Use approval, and the circumstances of parcel A which this is, planned development residential application which is yet to come. But the way Condition 31 reads in the Planning and Zoning Commission, it would supplant any conditions of a conditional use permit or at least, I would interpret 31 as implying that, and when you grant a conditional use permit and it has conditions in it, that operates under one section of your code, and under the State Law in terms of how you can enforce conditional use permits, Development Agreements, the ability to enforce those is pretty restricted issues of zoning and zoning act, and that's why I don't like Condition 31 in the Planning and Zoning recommendation, because other - what the conditions in Appendix A and as modified makes reference to the fact that the PDR regulations that the Planned Development Regulations allow them certain variances if approved by Council from a subdivision otherwise provided by the Subdivision Ordinance, and we understand that will be part of their application process. I want to make sure that there isn't something in your Findings that would say that you would override your Subdivision Ordinance because you won't be. Clearly, this is a conditional use permit process which will result in if you granted a conditional use permit which will have an order and there are ways of enforcing those permits and conditions through the conditional use process which is a different process of enforcement than a Development Agreement. Pete Q'Niell: We 100 percent concur with the dating and whatnot as where these conditions came from. The Condition 31, as submitted by Planning and Zoning Commission has been modified in Appendix A and further modified in the addition today to include exactly the thing that City Council pointed out that there are conditions, there are parts of your Subdivision Ordinance and other ordinances that goverl1 if they're independent from any of the other things that have been agreed to. That was a change. Gigray: I would just recommend, and I'm sorry to interrupt here, that you might allow Shari to address this so that you're clear you're getting her recommendation as it relates to those documents because I think it makes it clear to follow. That is Appendix A in this (inaudible). Stiles: Yes. It would be under Section 5, Section 5A and starting on Page 5 through Page 13, then with the additional modifications that were faxed to us today from Mr. Miller, I don't even have a particular problem with the 7C provided ( Meridian City Council Meeting December 7, 1999 Page 68 on Page 7 that the permanent vehicular access is a decision of ACHD and the City of Meridian and not the developer and the residents of Green Hill Estates. Corrie: You recommendation is (inaudible) developer offer that (inaudible) - Stiles: Yes. Rountree: The developer and the residents of Green Hill Estates. Corrie: Okay. Questions of Staff? Further discussion? Still? Rockrohr: Can I ask a question? Corrie: Yeah. It's still a public hearing. We'll give you (inaudible). Rockrohr: Dick Rockrohr, 2715 Autumn Way. If at the future time City of Meridian and ACHD decide to make the emergency access into a full road, will we be notified and have chance to comment? Corrie: Yep. But what I'm - counselor, surely would; is that correct? Gigray: And I think, basically, that what Shari was referring to was Item 20 in their Appendix A and what, if I'm correct, Shari, please correct me if I misunderstand this; she's saying what she would like left in the language as otherwise required by the Ada County Highway District. I think this has to do with this road section. I may be wrong. She can correct me. Stiles: What page are you looking at? Pete Q'Niall: Pete Q'Niell again. Obviously we'd love to be able to have equal status with the City of Meridian and the Highway District, but that is not an unreasonable request. I do think, however, as Mr. Rockrohr pointed out, would be a reasonable request if the records show and that condition clearly showed that it needed to be subject to a public hearing on the part of the Highway District and the City of Meridian. Otherwise it could be - the neighbors could accuse someone of treachery. We don't want that to happen. Corrie: Okay. Any other questions? Bird: I have none. Rountree: I have none. Bird: Mr. Mayor, I move we close the public hearing. Corrie: Okay. Motion's made~ Do I hear a second? ( Meridian City Council Meeting December 7, 1999 Page 69 ( Bentley: Second. Corrie: A motion is made and seconded to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Discussion, Council? We were supposed to close this meeting at 10:30, but if you're all satisfied with where we are, then - Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move we instruct city attorney to prepare Findings of Facts and Conclusions of Law incorporating Staff comments and comments from staff as amended by discussions and negotiations with the developer as provided and submitted into evidence this evening with one specific change in our revised 12/6/99 recommendations from Planning and Zoning that Item 8C on Page 4 be amended and strike after the words "when the ACHD" strike the words "the City of Meridian, the developer and the residents of Green Hill Estates agree" and insert the word "determines" so the sentence will read: As and when the ACHD determines it should become a secondary access (or a permanent access). I'm done. Bentley: Second. Corrie: Okay. Motion made by Mr. Rountree, seconded by Mr. Bentley to have the attorney draw up the Findings of Facts and Conclusions of Law with the testimony that was heard tonight and to make the corrections as stated in the motion. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 14. FINAL PLAT FOR THE LAKES AT CHERRY LANE NO.8 BY STEINER DEVELOPMENT - NW %, SECTION 3, T~3N., R.1W: Corrie: Item No. 14, final plat for the Lakes at Cherry Lane No. 8 by Steiner Development, northwest quarter, section 3, T3N, R1W. Comments from Staff? Shari? *** End of Side 5 *** Rountree: I don't know. We lost everybody. ( Meridian City Council Meeting December 7, 1999 Page 70 Bird: Let's go, Charlie. Rountree: Did we lose the Mayor again? Bird: The Mayor - you're the Mayor now for a couple of minutes. He (inaudible). Let's get this thing going. Rountree: Shari, go ahead and start explaining the Cherry Lane final plat to us if you have any comments. Stiles: This is the property that is the final connection between the Lakes at Cherry Lane and Ashford Greens Subdivision. This is where the parking lot for the golf course's clubhouse is. This is where the clubhouse will be constructed. This was originally included as part of Ashford Greens, but the option was not picked up by Brighton, and Steiner did end up with this piece. The preliminary plat included this portion platted, and unfortunately, the preliminary plat also included about 20 feet in some cases of the City's golf course property. Maybe- I don't know if Mr. Gigray could expand on where we might be with any kind of a land transfer, but they have chosen to just leave this piece out at this time. We got the response from the applicant dated December 6th, and we had asked in our comments that they go ahead and put this in here now and they could have that as a lot, but that they said they didn't want to adjust these lots at this time and that they would come in at a later time if and when that land exchange occurs that they can, I guess, have - they'll either plat one lot or they'll do a re- subdivision to incorporate all the lots that might have some of the current city property in it. It's pretty straight forward. All the lots meet R-4 requirements, meet or exceed R-4 requirements. The Eight Mile lateral will be piped here, and it will be left open here where it goes through the golf course. Other than that, we recommend approval. I don't know if anybody's even here for the applicant. Rountree: Said she was leaving. Stiles: Oh. Okay. (Mayor Corrie returns to Council chambers) Rountree: Shari got us started, Mr. Mayor. Corrie: Okay. Rountree: Mr. Mayor, Shari's explaining this to us. I think she's kind of waiting for questions from us. Corrie: Okay. Any questions from Council? r ( Meridian City Council Meeting December 7, 1999 Page 71 Bird: I have none. Rountree: I have none. Corrie: All right. Hearing none, I'll entertain a motion then on the final plat for Item No. 14. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the final plat for 4.9 acres, R-4 for the Lakes at Cherry Lane No.8 subject to Staff conditions. Rountree: Second. Corrie: Motion's made and seconded to approve the final plat at Cherry Lakes No.8, Item No. 14 with the Staff comments. Any further discussion? Rountree: I have none. Bentley: I have none. Corrie: Okay. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 15. FINAL PLAT FOR DEE JAY SUBDIVISION BY J-U-B ENGINEERS - SOUTH STRATFORD AND EAST WATERTOWER LANE: Corrie: Item No.15 is a final plat for Dee Jay Subdivision by J-U-B Engineers south of Stratford and east of Water Tower Lane. Stiles: Mr. Mayor and Council, Gary Lee left. This is pretty straight-forward project. They have a road coming through here that will stub into this 20-acre parcel where the Police Department's apparently taking 1 0 acres of this site. I would like to amend one of our site-specific requirements on Page 2, Site- Specific Requirement No. 2 to delete the last sentence of that paragraph that we won't require a letter of credit or cash. We wanted the detailed landscape plan just so we had that on record so that we could have a consistent treatment, landscape treatment on Stratford and didn't have to negotiate with each lot owner as they came in. So we have agreed to delete that requirement. Other than that, it's real straight fOlWard and we recommend approval. Corrie: Okay. Any other questions of Shari? ( Meridian City Council Meeting December 7, 1999 Page 72 Bird: I have none. Corrie: Okay. Hearing none, I'll entertain a motion on Item No. 15. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we approve the final plat for Dee Jay Subdivision by J-U-B Engineers, south Stratford (inaudible) Water Tower Lane with the Staff comments incorporated. Rountree: Second. Corrie: Motion has been made and seconded to approve the final plat of the Dee Jay Subdivision, Item No.15 with Staffs comments. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR APPROXIMATELY 20,000 SQUARE-FOOT CORPORATE HEADQUARTERS FACILITY, CREDIT UNION, DRIVE-UP TELLER UNITS AND RELATED SITE IMPROVEMENTS BY CAPITAL EDUCATORS FEDERAL CREDIT UNION - LOTS 14,25, 18 AND 19 IN BLOCK 2 OF HONOR PARK SUBDIVISION NO.3: Corrie: Item No. 16 is a public hearing on request for a conditional use permit for approximately 20,000 square-foot corporate headquarters facility, credit union, drive-up teller units and related site improvements by Capital Educators Federal Credit Union, Lots 15, 25, 18 and 19 in Block 2 of Honor Park Subdivision NO.3. At this time, I'll open the public hearing and Staff comments first. Stiles: Mr. Mayor and Council, I can't quite recall if we got the non-Development Agreement lifted on this yet. Was that submitted? There is a non-Development Agreement, I believe, on these two lots here on this portion of it. Nothing's been constructed. They will request that. There's also going to be needed a vacation of the easements that were recorded. There's a 10-foot wide public utilities easement centered on lot lines, and that will be accomplished prior to us accepting building permits. They have proposed on these four lots the corporate headquarters for Capital Educators Credit Union, Federal Credit Union. Very nice-looking building. Lots of landscaping will be included, I'm sure. Bentley: Was that a hint? ( Meridian City Council Meeting December 7, 1999 Page 73 Stiles: And it's a great project, and we're looking forward to seeing it built. We ask that you approve it with Staff recommendations. Corrie: Okay. This is a public hearing. I'd invite the applicant to come forward. Simmons: Mike Simmons. My address is 1717 North 11th Street in Boise. Mr. Mayor, President Rountree, members of the Council, we've reviewed the Staff's Findings and recommendations for the project and we concur with their recommendations. I'd be happy to answer any questions you may have. Corrie: Questions? Rountree: Mr. Gigray has one. Gigray: Just a point of clarification -- Corrie: Mr. Gigray. Gigray: -- take action. Just when I hear Staff comments, and we do in these packets have Staff comments in addition to the recommendations of Planning and Zoning Commission, and I just might - hearing this witness talk about the recommendations of Planning and Zoning Commission, just hope you might ask to clarify if that's what they're addressing and also with Shari or if we're dealing with another document. Simmons: We should probably just say conditions of approval. Bird: Is that the Planning and Zoning, Mike, or is that the Staff comments? Simmons: It'd be the Planning and Zoning Staff conditions of approval, yes. Bird: Okay. Corrie: Okay. The ball's in your court, Shari. Stiles: I believe that the Findings that were prepared and the recommendations did incorporate our comments. Corrie: Okay. Does that clear it up, counselor? Gigray: Thank you. Corrie: Thank you. Simmons: Thank you. i Meridian City Council Meeting December 7, 1999 Page 74 ( Corrie: Anyone else like to issue testimony in this public hearing? Okay. Hearing none, Council, any questions of anything (inaudible)? Okay. I'll entertain a motion to close the public hearing. Rountree: So moved. Bird: Second. Corrie: Okay. Motion's made and seconded to close the public hearing on Item No. 16. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay. I'll entertain a motion on the request for conditional use permit. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we have the attorney draw up the Findings of Facts and Conclusions of Law - Corrie: We have them. We just have to approve the ones that are in there. Gigray: (inaudible) Corrie: (inaudible) Bird: We do it again on a public hearing. Corrie: Well, you can, but you can approve what's there. In a public hearing, there's no new testimony other than what we had. Am I correct that we do have to do another Findings of Facts? Bird: If you have - Gigray: I just follow these; your actions, and I submit them back to you. Corrie: Okay. All right. Gigray: Because this is on P & Z stuff - Bird: (inaudible) Corrie: Yeah. Okay. My mistake. I'm sorry. Go ahead. Meridian City Council Meeting December 7, 1999 Page 75 Bird: I don't know (inaudible) Corrie: No. I was thinking of something else, but you're right. Bird: I move that we have the attorney draw up Findings of Facts and Conclusions of Law and Decision of Order in favor of a conditional use permit for approximately 20,000 square-foot corporate headquarter facility for Capital Educators Federal Credit Union. Rountree: Second. Corrie: Motion's made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law on the request for conditional use permit for the Capital Educators Federal Credit Union. Any further discussion? Okay. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 17. 1999-2000 FISCAL YEAR CAPITAL OUTLAY DISTRIBUTION: Corrie: All right. Item 17 is 1999-2000 fiscal year capital outlay distribution. We have the - Treasurer's not here. You have that report. Any questions? Bentley: Yeah. I got one. Corrie: Okay. Shoot. Bentley: (inaudible) six pages of the same - Corrie: Yeah. We all do. It was just - it got - I saw that and I went back and asked her, I said, do I have to distribute this for you because I've got six of them. She said, no, everybody else did too. Bentley: I just kind of wondered if everybody had one page. We had to share. Bird: At least she gave us enough to read a couple of times before we didn't know which one we had. Corrie: That's correct. Bird: Some of us had some and some had something else. Rountree: Mr. Mayor. Corrie: Mr. Rountree. ( Meridian City Council Meeting December 7, 1999 Page 76 (' Rountree: I move we approve the capital expense report dated 12/02/99. Bentley: Second. Corrie: Motion made and seconded that we approve the capital expense report for 1999. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS: A. PUBLIC WORKS DIRECTOR - GARY SMITH: 1. VEHICLE STORAGE BUILDINGS @ WASTEWATER TREATMENT PLANT - BID AWARD: Corrie: Okay. Department reports. Gary Smith. Smith: Thank you, Mr. Mayor, Council members. We had a bid opening on November 10th for construction of a vehicle storage building at the Wastewater Treatment Plant for construction of - for storage of vehicles, and it's actually two buildings, two covered buildings. These are pole buildings with metal siding and metal roofing, and they're open on the north side of the building is open, and the east side of the building is open of the L-shaped shown on the plan that's attached to the bid. We had two bids that were received out of three contractors that took out the bid documents for bidding. We had one responsive bid out of those two by Gafford Construction of Boise for $134,018.18. The non-responsive bidder didn't complete the bid form and didn't include a bid security, so he was disqualified. So our recommendation from Public Works Department is to award the bid to Gafford Construction of Boise, Idaho, in the amount of $134,018.18 for the construction of the two storage vehicle buildings at the Wastewater Treatment Plant. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the contract with Gafford Construction to construct the two vehicle storage buildings at Wastewater Treatment Plant for $134,018.18 for the Mayor to sign and the Clerk to attest. Rountree: Second. Meridian City Council Meeting December 7, 1999 Page 77 Corrie: Motion made and seconded to award the bid to Gafford Construction in the amount of $134,018.18 and for the Mayor to sign and City Clerk to attest. Any further discussion? Roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS: PUBLIC WORKS DIRECTOR - GARY SMITH: A. 2. AUTHORITY TO MAKE DETERMINATIONS PROVIED IN S 12-3-1 B MERIDIAN CITY CODE: Corrie: I think there was another- Rountree: Should have been a resolution to empower him to make some decisions. Corrie: Right. Rountree: Do we have that? Bird: Here. I got one. Corrie: Authority- Rountree: It's 18.A.2. Corrie: Yeah. I got it. Okay. Authority to have the Resolution Certificate of Clerk authority for determination; is that the one? Bentley: Yep. Corrie: Okay. What Resolution No. will that be, Mr. Clerk? Rountree: Need a Resolution No. (' Meridian City Council Meeting December 7, 1999 Page 78 Berg: 274. Corrie: 27 4. Okay. Entertain a motion for Resolution No. 274. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move we approve the Resolution No. 274, authorize the Mayor to sign and the City Clerk to attest. Bird: Second. Corrie: Motion's been made and seconded to approve Resolution No. 274 and the Mayor to sign and the Clerk to attest. Any further discussion? None, Mr. Rountree. Roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS B. FIRE CHIEF - KENNY BOWERS: 1. WORK ORDER CHANGE FOR NEW FIRE STATION: Bowers: Mayor Corrie and City Council members, this is a work order change that Ron Anderson and myself and Assistant Chief Joe Silva worked on. At first, our auxiliary generator that we had, we did not think was going to be big enough to power the administrative side of our fire station. We just concentrated on the bays where the fire trucks were at and the living quarters. After getting all the facts from our generator, we were able to find out that we were able to power the administrative side also from our emergency generator. Emergency lighting in the Chief's - the Assistant Chiefs and the Fire Marshal's offices, in the reception area we were able to have some emergency lighting. Also this is a request that if there is a disaster in the City of Meridian or in our fire district, we do not have a place that we can turn into an instant command area that we would have Meridian City Council Meeting December 7, 1999 Page 79 availability of a fax machine, a copy machine, phones if the phone system is down if we could plug into regular phones. Talking to Ron, by the change order here, we have worked on to also our training room would be turned into an IC room and we'd be able to run off of our emergency generator. So if there was a disaster in the City, the Mayor, the City Council, the Police, the Water Department, the Sewer Department could come to our fire station and use it as an instant command. Basically, that was the changes that we had worked on for this work order change. Corrie: And you have another one for $613 (inaudible) - Bowers: Yeah. That'd be later. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve this change order for Beniton Construction for the changes in the electrical at the administration side and the training room for the sum of $3,459, and I believe that takes care of Beniton's markup bond and their supervision. Should be total. Bowers: Yes. Corrie: Motion made by Mr. Bird~ Do I hear a second? Bentley: Second. Corrie: Motion seconded by Mr. Bentley to approve the change order request in the amount of $3,459. Any further discussion? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: Just point this out that you would need to keep this in mind and not duplicate this effort in the police station, but if we do something in the police station it complement this - Bird: Beg pardon? Rountree: It would complement this effort, not duplicate it if you do something for emergency services in the new police station. Bird: Oh. I agree with you 100 percent. ( Meridian City Council Meeting December 7, 1999 Page 83 ITEM 18. DEPARTMENT REPORTS B. FIRE CHIEF - KENNY BOWERS 3. ADDITIONAL COST REQUEST FOR NEW FIRE STATION: Bowers: The next item I have, the manufacturer - excuse me. Our architect and the builder got together and approved of purchasing some beams that go inside our bays of our fire station that would cut building time by a month that if they were spliced together instead of waiting for the full beam to come. Somehow, we were left out of the loop on the project. When the beams got here, they were somewhere between $2500 and $3000 more. They didn't know for sure what we had approved of earlier. ZGA and the builder, I believe, argued over this point for quite a few months. Finally, the ZGA had came to conclusion that it should be the City Council with the last word of should we do this or not. The final bill was $2,805 for the two beams. Bird: How much? Bowers: $2,805. Bird: This was above the other cost, huh? Bowers: Yes. Bentley: So which beams did we get? Bowers: We got the beams that were spliced together that cut the building time by a month, they said. If we would have had a full beam, we would have had to wait another month until they ran the raw material. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Yeah., Kenny, I see this happened back on July 22nd when the bids come in from Outland Steel, we could save four to six weeks. I don't think we're four to six weeks ahead of schedule out there, personally. If we're going to finish in February which was the original schedule date, we're a long ways from being four to six weeks ahead of schedule. When they cost so much more, they're asking for $613 more that was in the Change Order No.1? Has Beniton forgot to put in their (inaudible)? Bowers: That's exactly right. Change Order No. 1 was when we had the big problem with Idaho Power bringing in the stuff. Beniton forgot to put in their profit of $613 into that bill the first time around. { - { Meridian City Council Meeting December 7, 1999 Page 84 Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: My opinion on this change order is that we deny it. It seems to me that the City was left out of the loop entirely in both of these issues. We did l in good faith, approve the first change order assuming that that was all the costs in this change order (inaudible) requested - beams, neither saved us money nor got us ahead of schedule nor was done in our direction or our knowledge, and I don't think that we should bear those costs. Not a lot of money, but -- Bird: I agree with you, Charlie. The thing I - Kenneth, the thing on this Change Order No.2 breakdown, now is this - are you sure they're not asking for another $2805? They got Change Order 2 breakdown. Bowers: Yes. $2805. Bird: They're asking for that plus the $613? Bowers: $613 from the first change. Yeah. They're asking $2,400 for the beams extra, then they've got the five percent markup, $120, Beniton supervision, $230, and then two percent bond, $55. That adds up to $2,805. Bird: Then did we approve this $2,805 yet? Bowers: No, we have not. Bird: This is what they're asking for right now. I didn't understand that because in your thing it says $613 and then I'm going looking here and I thought, maybe that's been ran through and they missed it. The only one we've approved is the - well, we've approved the $3459 tonight. Bowers: Yes. But I had talked to Ron Anderson on this. He was not in favor of paying the whole thing either. He was wondering if the City Council and Beniton and ZGA might want to try to pay part of it, a quarter of it, something like that, but he was not in favor of paying it all. Bird: I think they have to - I'd like to know - I'd like to see the facts and figures on what the original beam bid was. What their costs was. What their costs on Outland Steel. Get these beams - I'd like to see in their schedule where they've saved - where they've pushed themselves eight weeks or six weeks ahead. I don't believe they have. I am in agreement with Ron that I would like to sit down before I approve this. This first change order, A, they ran the paper route (inaudible) if they didn't put it in, I don't get a second chance. I guarantee if it was me, they wouldn't give me a second chance. Meridian City Council Meeting December 7, 1999 Page 85 Bowers: The $2805 on the beam, I believe the ZGA and Beniton was still arguing back and forth of should it be put in a work order change or not or an additional charge, and that's why it wasn't it on the first work order charge, change excuse me. But that'll be fine. We can get - Bird: Kenneth, when was our final occupancy date? Isn't it in February? Bowers: Middle of February we're supposed to go through the check-off sheet. Bird: We're going to be ready to get occupancy? Bowers: Now, he keeps saying that - Bird: Now, you're telling me that we're going to do it the first of January? Bowers: That's what he's saying now is that we'll move in right after the first of January. Bird: That we'll be able to move after the first of January; everything will be complete? Bowers: There's a ton of work in that. Bird: (inaudible) $100, but I don't see him doing it. Bowers: There's a ton of work to do inside yet. Bird: I agree with you. Bowers: Other than if we were behind a month, we might not have got the trusses up quite soon enough and the roofing up to get to that point. We still might have an open-air bay, maybe. I'm not sure. I don't know. Rountree: That's the contractor's issues, not ours. I guess I would make a motion that we deny this request for the Change Order. Bird: I second it. Corrie: Motion's been made and seconded to deny the request Change Order. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS Meridian City Council Meeting December 7, 1999 Page 86 B. FIRE CHIEF - KENNY BOWERS 4. NEW FIRE WORKS ORDINANCE Bowers: My last item is on the Fire Works Ordinance. I had passed out the new Fire Works Ordinance to you guys, then one of our strategy meetings, Charlie Rountree asked you to go through them. There are quite a few changes if you've noticed. We've went from $10 a permit to $25 a permit now for safe and sane. That's to do with investigational work; going to look at the site, going and checking the booths a couple times during sales, and then going and checking the property afterwards to make sure it's being cleaned off. Also, then, there is $125 fee now for the permit for the displays of fireworks like at the speedway or somebody else wants to come in and do that. That's to do with - that's much, much more background checks for like Will has to do to make sure that they are licensed to set them off and that they are qualified to do that. Where we picked out most of this stuff, we got Boise's, Nampa's, Caldwell's, and the State's fire works ordinances and just kind of melted them all together so we could come up with one. I wasn't here tonight to pass this. I just wanted to let you guys be aware that we need to be working on this. This new ordinance will give us two sale dates now; July and then at end December. Our Ordinance now says only July is the only time we can sell fireworks. Do you guys have some questions? Bird: I have none. Rountree: I guess the question is do we want it on an agenda soon? It's probably time to be notice of a hearing. It has to be noticed - Corrie: (inaudible) Bowers: I didn't know what you guys thought of that $125 if you thought that was way steep. I - we don't know on that. It went from $10 to $125. That's a pretty good increase. Rountree: Kenny, I'll tell you this. I got a friend of mine that sells these. He takes off from work for two years, and he clears $30,000. Bowers: Oh, yes. I realize that. And we deal with him here. He does a good job for us here. Corrie: We need to advertise (inaudible) public hearing (inaudible). Gigray: We checked the amount. It's based on a reasonable application of staff time. This isn't a revenue producer. We couldn't do that. Bowers: Exactly. Okay. Thank you, Mayor and Council. ( Meridian City Council Meeting December 7,1999 Page 87 (- 18. DEPARTMENT REPORTS c. POLICE CHIEF - CHIEF BILL GORDON: 1. VEHICLE QUOTES: Corrie: Chief Gordon~ Gordon: I wasn't sure if you wanted me to go through the vehicle bids again~ If you do, I will. We're going to buy a Ford and a Chevy. We're going to try a Chevy . Rountree: Do you want to see it again? Bird: I don't want to see it again. That's part of your budget. Gordon: We're going to try a Chevrolet. They're back on the market (inaudible). ITEM 18. DEPARTMENT REPORTS c. POLICE CHIEF - CHIEF BILL GORDON: 2~ SKEMA TIC DRAWING QUOTES FOR NEW POLICE STATION: Gordon: The next step on the land or the building design is the verification of the needs assessment and the schematic design~ I've taken the liberty to get four quotes. As you can see they vary greatly. The hourly not to exceed really varied. The two fixed ones were still kind of high and then Lombard Conrad came in with an hourly not to exceed $10,000, but that also includes incidental expenses. When I asked incidental expenses were, it was photocopies, travel, and he said they didn't - they shouldn't have to travel anywhere on this one, but copies, things of this nature. You guys might understand a little bit more of that than I do. I was really pleased. I've talked to all four of these architects. rve gone over all of the literature they've provided and Lombard Conrad not only had the lowest bid, but also had the best looking package as far as what they've already designed~ They've done a lot of jails and a lot of court facilities and some police stations. I would recommend Lombard Conrad, and the money's in my budget. Bentley: Mr~ Mayor. Corrie: Mr~ Bentley. Bentley: I move we approve the needs assessment design schematic - for the architectural firm of Lombard Conrad Architects, hourly not to exceed $10,000. ( Meridian City Council Meeting December 7, 1999 Page 88 Rountree: Second. Corrie: Motion's made and seconded we give the architectural firm of Lombard Conrad Architects the work for hourly not to exceed $10,000. Any further discussion? All those in favor of the m_otion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS c. POLICE CHIEF - CHIEF BILL GORDON: 3. POLICE GRANT: Gordon: Thank you. The universal hiring program on the cops grant, I received another letter. They've given me until the end of the month to aye or nay it. They also informed me that if after we've gone - been awarded the grant that they will remove us from that program. If the program keeps going, then we won't be able to get back into it, period. Not just three years out. I don't know how long they're going to go with that program. I can't stress the need for police officers. We're not going to get them any cheaper than this. The information that I've given you, the population based on the first - I think on Page 2, shows projected population through APA, and they show we don't get to 38,000 until we hit 2005. We're there now. The latest figures that are in nationally show that the average police officer per 1 ,000 is 1.8. Average for departments our size is 1.5. We're presently at 1.1. By this time next year, we'll be way below one officer per 1,000. Page 3 gives you the ratios and with the estimated population that we're at right now, we should get 58 police officers. We're at 41. Page 4, the graph gives you a visual look at where we're going right now at the present rate with the increase in the population. Up until now, we've stayed low, but evenly low. We're going to start separating more and more each time we come up with a population change. The ratio down below shows you what we should be at for the population. The cost is on Page 5. Costs for one officer for three years, $135,500 roughly. With the grant, the costs for three years for a police officer would be $68,000. Over a period of the three-year grant, it's going to save the City on two officers $134,372. Page 6 kinds of gives you a breakdown of the grants we've already used. We've hired eight officers off of this cops grant. We've saved the City $500,000, $600,000 already just by using that program. Page 7, I kind of threw that in there to give you some idea just how the workload has been increasing. We have gone from 16,000 calls for service a year to 79,000 calls in the past ten years. That doesn't show - we're not talking major crime. We're talking calls for service. That comes just with the population based and the way it's increasing. The actual reports also have gone up considerably. Here again, I'd hate to lose access to this program. We're going to be needing more police officers as we grow, and I don't think we can get them any cheaper (--- ( Meridian City Council Meeting December 7, 1999 Page 89 than what they're going to offer them to us for. My philosophy, yeah, is, and here again, we were the only department in the State of Idaho that was offered this grant, and the reason being, I think that they've seen the same thing that I've seen: we're the fastest growing city in Idaho and have been for the last five or six years. I understand now that we're the 15th fastest in the United States. They see the need for police officers, and that's why they're keeping us in the program. With that, I'll shut up. It's late. Bird: I got a question. Mr. Mayor. Corrie: Mr. Bird. Bird: On their cost (inaudible), they don't pay any part of the benefits, I was told. Gordon: Yes, they do. They pay 75 percent of wages and benefits. Bird: Of total. Gordon: Yes. That's first year. Bird: I understood they only paid 25 percent of the taxable wage. Gordon: No. Wages and benefits. The grant for two officers for a three-year period was not to exceed $150,000, and it doesn't. This money came from the citizens of Meridian to the federal government, and I think this is a good opportunity for us to bring some home. Bird: What - have we got the WRICOPS report back yet? Gordon: No, we don't. They're not going to get into officer needs. Bird: Well, they're going to tell us if we're controlling - Gordon: I asked them specifically. Bird: -- I asked them if they was going to tell us, when they interviewed me, if they was going to tell us if we were doing a community - doing our community right policing, and they said, yes, that would be part of the report; if we had enough officers. Gordon: Well, not that we've got enough officers. Just that we're doing what the citizens want us to do. The preliminary report said that everybody that they interviewed in the City said or thought that Meridian was a safe place to live and the Police Department was providing the service necessary. I'm not going to say that's a slight of hand or a magic trick, but that's not going to go on forever. The perception of the low crime rate is because we don't have a high crime rate. I attribute that to the job that the guys are doing plus the job that you folks are ( Meridian City Council Meeting December 7, 1999 Page 90 doing. This is a bedroom community, and it's a nice little town. rd like to keep it that way. Corrie: (inaudible) Bird: it's not big, though, like Boise or something. Gordon: I've seen towns - *** End of Side 6 *** cars that they see in town here. They think they belong to us, and they don't. Those guys are - they're high visibility, but they don't take care of any of the calls that we get for service. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: Another thing we need to look at is not just the two officers we're looking at this year is the officers in the future. Know we're going to keep growing. (inaudible) tonight with a couple more plans to add quite a few homes. If we're not going to keep up, we're just going to be wasting - well, we could waste, wind up wasting a million dollars worth of tax dollars coming back. If we're not going to keep adding the officers as we need them, then we might as well close P & Z and tell them we're not going to do anymore building here. So with that, I make the motion that we go ahead and okay the grant for these two officers. Rountree: I'll second. Corrie: Motion's been made and seconded to approve the grant for the two officers. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed say no. Bird: No. Rountree: No. Gordon: Thank you, gentlemen. That's alii had. MOTION FAILS: TWO NAYS TO ONE AYE. ITEM 18. DEPARTMENT REPORTS D. MA VOR .CORRIE ( Meridian City Council Meeting December 7, 1999 Page 91 1. SENIOR CITIZEN CENTER Corrie: Senior Citizen Center. The seniors have asked us if we would be interested if they approve it to take over the senior citizens center. They've given us some data from last year and this year. I told them that we would probably have to look in with the Fire Marshal and all the other buildings and to give us somemore reports. I would just like to see if the Council approves to go ahead and look at that possibility for possible - doing it in October of 2000 so they could - not feasible to do it now. We don't have the budgeting or anything else, but could take a look at it. I guess what my question is whether you want me to continue working with them and seeing what can be done as far as where we go, what are we doing or whether we don't, but just to have the information for the Council. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Seeings how I'm the oldest one, I'm getting the closest to the Senior Center, I would like to see us go ahead and see what can be done and helping out. They definitely need some help, and what we can do to help them. They're very important part of our community. They do need some help. I would certainly like to see you proceed with it. Corrie: Any other comments? Rountree: Well, I think it's probably almost certainly the politically correct thing to do, but how much have we explored this in the past, and I'm not sure there's anything we're in power to do. Bird: That's where I agree with you, Charlie - Rountree: I guess don't give up. Corrie: Right now, we're not empowered to be able to help them at all, but there's an idea that pursuing where we can go, and if the Council wants me to proceed in this fashion to see if we can find something. Rountree: Sure. Bird: Yeah. That's what I had taken before when you spoke about it, Mayor, that there was - you know, there wasn't anything we could jump right in and do right now, but there possible ways that we could maybe do it. Corrie: That's correct, and I just ask you if you want me to continue - I \. Meridian City Council Meeting December 7, 1999 Page 92 ( Bird: You bet I do. Like I say, I'm not too far away from that baby. Corrie: I'm closer than you are. Okay. Mr. Gigray, if you can do it in the next four minutes. ITEM 18. DEPARTMENT REPORTS E. ATTORNEY - BILL GIGRAY: 1. CHERRY LANE RECREATION: Gigray: I have - Mr. Mayor and members of the Council, for the record, Bill Gigray, City Attorney. I have a few items I'd like to go over. First of all, I have submitted to me for review, two agreements. One - the both concern the purchase for the new site for the police station. One would be the listing agreement with Dave Williams d/b/a Diamond Properties which would be dual listing. It p~ovides in the agreement which I think you have in your packets that his fee would be taken from the seller as part of the purchase price. Other than that, it looks like a fairly standard listing, but it is an exclusive listing with him for the purchase of the site. The second agreement that I've been asked to review has to do with making an offer to purchase the police property for the 805,800- and-same-odd dollars that's reflected in the agreement. One of the recommendations that I would have is that we have an additional contingency besides the one that's in there that says they will provide a survey for the easement across, I believe, it's the northern portion of that property to connect the streets. Would be that we be able to do a due diligence review to make sure that we're happy that there isn't some environmental problem on that site. I think the Chief wants to go with this. I know that you've had your sessions about moving with this, so I wanted to be in a position that at least we had resolutions for your consideration as to whether or not you want to go forward with it or not. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Before Bill gets - they'll make sure that the deed of trust and everything is clear and everything within this agreement (inaudible) before we would - have a survey and everything done on the easements, make sure everything's going through before we'd ever put through before we'd ever purchase it. Gigray: Mr. Mayor, Councilman Bird, members of the Council, you would be - seeking a clear title, and we would have the right to object if there were problems in the title police, and we've gone through that issue (inaudible) Generation Plaza additional purchase. But if there are additional conditions that you want to have in these, one of the things I think this does point out, and, of course, this may be ( Meridian City Council Meeting December 7, 1999 Page 93 ( all part of a procurement policy which you'll deal with next year is possibly some basic protocols that the City, you might, adopt that would be protocols for the purchase of property so that when we enter these kinds of agreements or make offers, we just have some automatic boiler plate conditions that go in because this one was prepared by the realtor. It wasn't prepared by me. It's on a standard form offer purchase which was used by realtors and recognized by the State. The only panel that if we don't go through with it is the fotfeiture of the $5,000 earnest money which this agreements provides. So it's not percentage concerning the volume of the purchase that huge a problem. So that's why it didn't get overly exercised about fussing with this too much. But I do think should give notice that we'd want to do some kind of environmental peek at this. I don't know what the history of that site is. Do you want me to keep going or do you want to deliberate on that one? Corrie: Unless somebody objects to it, I'd say go ahead. (inaudible) Rountree: As far as the Resolution goes? Gigray: I think the Clerk has the Resolution. Rountree: I would move that we adopt Resolution 276 for exclusive buyer and authorize the Mayor to sign and Clerk to attest. Bird: Second. Corrie: Motion made and seconded to approve the Resolution 276, Mayor to sign, Clerk to attest. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS E. ATTORNEY - BILL GIGRAY 2. CHERRY LANE RECREATION Gigray: Mr. Mayor, members of the Council, the next Item I want to discuss has to do with the Cherry Lane Recreation issue, and as I believe, to bring you up to speed, you should have in your packets, a letter addressed to each of you from me dated December 3, 1999, and accompanying that should include the letter of response from Edward Ansen who represents Independent Bank who was in response to our letter of November 3rd outlining the various four conditions that the City would request in order to enter into agreement to provide the bank with notice of default and notice - advance notice before any effective date of a modification of the agreement of lease with Cherry Lane Recreation, Inc. Bank ( Meridian City Council Meeting December 7, 1999 Page 94 wrote back in their letter basically saying, yes, we don't have a problem with your conditions except that we are not willing to guarantee that the funds derived from the loan would go to the construction of improvements upon the real property which is a subject of the conditional use permit. It is also my understanding from communications with the parties that the Cherry Lane Recreation did not have heartburn with any of the requests of the City, but I didn't get any further communications from them about proposed agreements to effectuate any of this, and I could see that we might be in a dead center position given the direction that was I thought I was given as a result of the workshop that we - Council workshop, I believe it was the last meeting. I determined to at least try to fashion an agreement which was an agreement between the bank, the City and Cherry Lane Recreation, Inc., that has some kind of unusual provisions because there's certain portions of the agreement that bind the Cherry Lane and the City and other portions that bind all three. The idea of that was primarily take cafe of the issue of the bank not being willing to guarantee the use of the funds, but yet through the agreement, provide a provision where the City can demand accounting of the use of those funds from Cherry Lane Recreation, Inc., that they would have to provide that verification and if we felt they were in default, they'd have 30 days to cure that, and if they didn't cure it, then they'd be in default with the agreement of lease, which 1'1) guarantee you would draw the attention (inaudible) the bank. Also, it provides that the initial disclosure of the information would be at the bank. The feason for that since this involves the use of financial funds for the construction of this property, it would probably become public records if it were here on site, we would provide in this agreement that that would have to be disclosed through the bank that we would access that information and then if we declared default, they'd have to - the bank would have to provide us with that information. So if we had to pursue it, we had it available to pursue it. It would - the agreement provides that Cherry Lane would agree that they would use the funds derived from the loan for the letter of credit as well as for the construction of the improvements required as the condition of granting the conditional use permit, and then the other provisions in there that the City would provide the notice that the bank requires (inaudible) Section 4, proposed, and then whereas there's a provision in here in the event - to amend agreement of lease, to provide for insurance coverage. Now, I haven't included an amount in that, and this is in Section 6 of this proposed agreement, because that agreement of lease goes for so many years in the future for us to put in a specific amount now may seem fine and good, but it could become antiquated in the future. This is designed to provide the standard by which they're not going to carry less insurance and is going to be required to replace the improvements that are out there, and they can't provide insurance that would be less than what tort claims law provides, but also it has to equal what is characteristically provided by privately managed Ada and Canyon County, the courses of similar size, is to provide some kind of standard to agree as to the amount of insurance coverage because the existing agreement of lease doesn't provide that they provide insurance coverage, and now we have considerable and will have considerable improvements on there that weren't there before. Then there's certain provisions Meridian City Council Meeting December 7, 1999 Page 95 here with regards to allowing the City to have the option on a foreclosure sale to purchase the bank's interest in that so that you don't have the situation of that going on for sale without at least having the first shot at it. That, of course, would require the City to tender those funds just in advance of the sale date, and if it was cured prior to the sale date, then those funds would be returned to the City. There's about a five-day, I think, period there. Because I represent the City, I do not feel that I had any authority to disclose a proposed agreement to the bank or to Cherry Lane Recreation, Inc., without first confiding in you to determine whether or not you would instruct me to share such an agreement with them and to pursue this or whether or not there're provisions in this that you don't like that you'd like changed or whether or not you'd like me to do anythir)g. So I submit that for your consideration, not to enter into this agreement at this point, but whether or not to authorize me to transmit it to them, see whether or not they will agree to it or not. I would say that if we did transmit it, that would be a strong indication you would ultimately approve it, though. Corrie: Comments? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I would move that we authorize the City Attorney to transmit the draft agreement to the subject parties for their consideration and seek their approval to enter into such an agreement so we could move on with this particular project. Bird: Second. Corrie: Motion made and seconded to have the attorney send these (inaudible) to the Idaho Independent Sank and Cherry Lane Rec to see what their status would be on this. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS E. ATTORNEY - BILL GIGRAY 3. PURCHASE AGREEMENT Gigray: I've been corrected by the City Clerk. We had two resolutions dealing with the police. One resolution dealing with the listing agreement with the realtor and another resolution dealing with the offer to purchase, and I don't know for purposes of the record, I would defer to the Clerk as to how he wants this clarified, because I think you only identified one resolution number. ( Meridian City Council Me"eting December 7, 1999 Page 96 I~ ( Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: To clarify, I'd move that we approve Resolution 277, the offer to purchase, authorize the Mayor to sign, the Clerk to attest. Bird: Second. Corrie: Motion is made and seconded to approve Resolution No. 277 to purchase the property and Mayor to sign, Clerk to attest. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS E. ATTORNEY - BILL GIGRA Y 4. HUMAN RESOURCES AND PUBLIC WORKS DEPT. Gigray: You have in your packets, and this is just informational, a proposed draft Ordinance regarding the creation of two departments, one Department of Human Resources, the other Department of Public Works. As I mentioned at the pre- council, although some of you weren't here, those have been routed to those - to the department heads of those affected areas. The idea with the Department of Public Works is to create that department because it's not in the Code now. My recommendation is that it should be there. We should 'create a Department Head. The one ordinance proposes to delete the Ordinance that's in place, the Superintendent, which is really an employee, but we would create a division of the Department of Public Works to deal with water and sewer as well as a division of public works to deal with municipal utility billing and we'll report on that later, but that would be interested in your comments about it if you have any problems with it. ITEM 18. DEPARTMENT REPORTS E. ATTORNEY - BILL GIGRAY 5. ROUTING TO PROCESS My last item is this. I have felt increasingly that the process of developing Findings and submitting those to the Council has gotten to be an issue of they - and I don't have any problem with staff, it's developers calling up, talking to my staff, talking to me about how they're going to say, they interpret what the ( Meridian City Council Meeting December 7, 1999 Page 97 decision of the P & Z Commission or in my instance what the City Council is and how these should be worded. Because these are quasi-judicial matters and because you close a public hearing, in my view, the only proper thing that I can do, of course, is to route those to the Staff for corrections with regards to how they see what action was taken, to correct me, because in some places, the Planning and Zoning Department actually does them. I don't have any problem with that (inaudible) Public Works. But I am having a problem with the developers. I don't want to be rude. What I propose to do, and if you have an objection to this, I just need a read on it. But I propose in my routing slip, when I route to the Clerk, and I think this is also designed to take off some pressure from the Clerk's office, and hopefully other staff, is I will put this note on the end of our letter. This is Findings you've directed me to prepare, because I can tell you on one of the items we had, I had one of the people walk up to me saying he was going to help me straighten out your motion. I just want to keep this process clean. You know we know what we've been through with some of these cases. would propose language to the effect: Please note that the public hearings are now closed on this matter, and enclosed Findings have been prepared at the direction of the City Council for its consideration alone because this is a quasi- judicial matter to which due process and open meeting law apply, there should be no discussions regarding these Findings by Council members, the Mayor or any member of the City Staff other than in a public meeting. Findings shall not become final until the Council takes action thereon. The City Attorney's Office will not consult with any affected party regarding the content of these Findings. can tell you, I really, all year, have not had much of a problem with this, but it seems like now it gets to be more and more of a debate in some of these developers. It gets a little bit intrusive. I have no problem dealing with Gary and Shari and I appreciate their review and comment, but I get a little nervous when I have developers say, well, I was there at that hearing, and this is what they intended. You know as well as I do, your motions in some regards have to be a little bit vague. You don't have time to go through every single item. We have to call a shot, we send it to you, you see something - and 1111 put comments in there if I think I'm doing something that I'm not sure about. Sometimes I miss things and sometimes I make mistakes because I can't wait for the City Council minutes to prepare them. We have to get that started. But if you see the mistake or you see something in there, you have every right to make any change you want to because it's not final until you adopt it. But I get a little nervous about having a developer starting to call me. I think this was a good one because it wasn't that heavily contested. You learn lessons and you move on. But I'm thinking I want to do something to kind of insolate this process so it's just - it's in house and - we're not in a public hearing, and we just can't invite that kind of debate. Bentley: It's (inaudible) attorney bring us the Findings. Gigray: Actually, that's okay, because you could look at them and decide you like those better than the ones we produce, and that's clean. I don't have a problem with that. But that should be stated on the record that they're going to ( Meridian City Council Meeting December 7, 1999 Page 98 do that before they do it. They can't come in later and do it. That's not proper at all. Rountree: That'd be testimony. Gigray: yeah. It's adding to the record. This would be a kin to if you're in a legal action, and the Mayor's the Judge and I'm his Clerk, and you all have argued your case and Glenn's argued adequately and you - Charlie's argued adequately and it's submitted and then Glenn comes and talks to me about what the Findings and Decision of Orders without Charlie being present, it's just a real violation of due process. You know, it can happen in administrative realm. I just want some language on here that protects so that it's on there, but I want you to know we're doing it and why we're doing it so people aren't offended. If you think it's improper, I'd like to know. Corrie: Anybody? Gigray: I don't want to be rude to the developers. We try not to be. (inaudible) Bird: (inaudible) Gigray: I don't blame them. If they've got our ear and they can get things done, they're doing their job. Corrie: So you can put it on there without further adieu? Gigray: Okay. Understand that we're going to still talk to staff because they've got - I have to have their approval on things. Okay? Corrie: Okay. Gigray: Thank you. Corrie: Hearing nothing else - Bentley: Move to adjourn. Bird: Second. Corrie: Motion made and seconded. All in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Adjourned at 1 :05. ( Meridian City Council Meeting December 7, 1999 Page 99 (MEETING ADJOURNED AT 1 :05 A.M.) APPROVED: ( tv/7fT d-e~ ~t)j, MERIDIAN CITY COUNCIL AGENDA ROLL CALL: TUESDAY, DECEMBER 7,1999 @ 7:30 P.M. CITY COUNCIL CHAMBERS RON ANDERSON V CHARLIE ROUNTREE V' GLEN~ BENTLEY v' KEITH BIRD V MAYOR ROBERT CORRIE CONSENT AGENDA A. APPROVE MINUTES FROM NOVEMBER 16, 1999 MEETING: APPROVED v' , B. APPROVE MINUTES FROM NOVEMBER 22,1999 SPECIAL MEETING: APPROVED v-- -...-- REQUEST FOR BEER,~L1QUOR LICENSE FOR MERLYN SCHMECKPEPER: APPROVED v. REQUEST FOR BEER, ~, LIQUOR LICENSE TRANSFER FOR PAISANO'S BY SCHM~K~PERlGOODWIN: APPROVED v .~ , Wlll ~ c. D. E. COMPENSATION POLICIES AND PRACTICES RESOLUTION#-ZtB APPROVED LAND. LEASE WITH VANCE JANICEK: APPROVED JpJ1>k-h~ fiZ11 F. G. AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE . PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF 'ATTORNEY FEES AND COSTS: APPROVED ;eRJ~-htrv- JlZSo H. TABLED 11/16/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY - NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: APPROVED v' I?es~~d 28 I TABLED 11/3/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE- FAMILY DWELLING/OFFICE BY ED SEWS - WEST OF TEN MILE AND NORTH OF USTICK ROAD: APPROVED v I. ( ,/ ~ 'iI:tt&-. .b"]I'5C/)..~,fr -0 FINDINGS OF FACTS AND CONSLUSIONS OF LAW: REQUEST FOR VACATION OF TWO 10-FOOTWIDE PUBLIC UTILITY EASEMENTS BY W.H. MOORE CO~PANY, LOTS 5 AND 6 ?...~~BhOGK~1~ MERIDIAN BUSINESS PARK. APPROVED J;ic_c~,::/FetiPfnJ-,,:I) ~ FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR /rJh7kr~ ~ VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON 6fnt..e t:tz., LOTS 5, 6, 12 AND 13 OF BLOCK 7 BY WHITESTONE DEVELOPMENT, LLC: APPROVED NZL~ tf!fli'Y"t/U5'hl'1"uv+.f - GdA!JS; FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI- STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI-STORAGE SUBDIVISION BY OV~9-MINI-S"f()R:AG C - 123~ E. .~. OVERLAND ROAD\~ UNTIL JANUARY 4, 2000 -r FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ~ PRELIMINARY PLAT FOR OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC - 1230 E_ OVERLAND ROAD: APPROVED Yev;'~~t:{ tv~~ redQi>o- ~L -- M. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR/,~'fc~-'7~~- -- ;_c__ - CONDITIONAL USE PERMIT FOR 96-UNIT APARTMENT COMPLEX;:;,.~:-q2 ~~?- (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORA TION/IONIC ENTERPRISES, INC~ - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: APPROVED re biY>-i- O. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF PARCEL "AU FROM RT TO SINGLE- Q FAMILY RESIDENTIAL AND PARCEL uB" FROM SINGLE-FAMILY Ii RESIDENTIAL TO LIMITED OFF'ICE BY WOODBRIDGE COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD: APPROVED ~ N. P. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A THREE-BUILDING RETAIL COMPLEX OF APPROXIMATELY 50,000 SQUARE FEET ON VACANT 5.5 ACRE SITE IN A C-G ZONE BY NORCO - NORTH OF FAIRVIEW BETWEEN EAGLE ROAD AND LOCUST GROVE ROAD: APPROVED V ( ~ Q. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY QUEENLAND ACRES, INC., TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL FOR THE SOUTH SIDE OF OVERLAND ROAD, ~ MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: APPROVED ~e doj:)LJ -{CoT-l?/'-' R. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY BILL CLARK/CLARK DEVELOPMENT (TERRACE LAWN MEMORIAL)TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL- 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD: APPROVED v 12e~~/~ ~ 26S- -- S. ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO.3 BY WIRT EDMONDS AND CRAIG GROVES - WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: APPROVED re~'j T. ORDER OF DECISION OF DENIAL: APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: APPROVED V u. REQUEST FOR ONE-YEAR EXTENSION OF THE 11/17/98 APPROVAL OF THE FINAL PLAT FOR ASHFORD GREENS NO.4 BY BRIGHTON CORPORATION - PORTION OF THE WEST % OF THE WEST % OF SECTION 3, T.3N., R.1W: APPROVED V v. ENGINEERING AGREEMENT - UNO NAME SEWER TRUNKn: APPROVED w. ENGINEERING AGREEMENT - FIVE MILE CREEK RELIEF SEWER PROJECT: APPROVED x. ENGINEERING AGREEMENT - 1999 WVVTP TRUNK SEWER EXTENSION PROJECT: APPROVED Y. ENGINEERING AGREEMENT - 1998 SEWER MASTER PLAN ANALYSIS OF DEVELOPMENT CONCEPTS: APPROVED z. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE-FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI-STORAGE /' FACILITY BY OVERLAND MINI-STORAGE, LLC: APPROVED v (-- REGULAR AGENDA 1. CONTINUE PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR THE ESTABLISHMENT OF A NEW FEE FOR COPIES OF THE ZONING AND DEVELOPMENT ORDINANCE IN THE AMOUNT OF $25_00 AND RECODIFICATION OF NEW CODE BOOK FOR THE CITY OF MERIDIAN: hll.a... ~ v-G/v 2. CONTINUED 11/16/99: ORDINANCE NO. 849 REVISING, CODIFYING AND COMPILING THE GENERAL ORDINANCES OF THE CITY OF MERIDIAN: APPROVED V 3. CONTINUED 11/16/99: RESOLUTION NO. 273 ADOPTING BUILDING PERMIT FEE SCHEDULE: APPROVED V 4. CONTINUED 11/16/99: ORDINANCE NO. 850 APPOINTMENT OF PLANNING AND ZONING ADMINISTRATOR: APPROVED ;-,e tio 5. CONTINUED 11/16/99: ORDINANCE NO. 851 SANITARY SERVICE SYSTEM: APPROVED t./' 6. CONTINUED 11/16/99: ORDINANCE NO. 852 TO PROVIDE FOR THE EXTENSION AND CONNECTION OF SEWER SERVICE OUTSIDE THE CITY LIMITS: APPROVED V 7. ORDINANCE NO. 853 SOLID WASTE COLLECTION SERVICES I FRANCHISE: APPROVE PUBLICATION AND PLACE OtfJANUARY~ ~8, 200~GENDA V INTRODUCE ORDINANCE FOR FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION SERVICES: OKAY V *: 8. 9. CONTINUE PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 150.79 ACRES OF LAND FOR R-4 ZONING BY BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF OVERLAND: v~ jYVW<-I-v----.:;O ~ ~~tJy ~ / ( ( , ~ 10. CONTINUE PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED BEAR CREEK SUBDIVISION OF 326 SINGLE- FAMILY DWELLING LOTS BY BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF OVERLAND: CONTINUE PUBLIC HEARING UNTIL DECEMBER 21, 1999 V ~ 11. PUBLIC HEARING: REQUEST FOR REDUCTION OF LANDSCAPING REQUIREMENTS TO ALLOW NEW CONSTRUCTION SITE TO MATCH EXISTING AND AS TYPICAL IN THIS AREA AND SUBDIVISION BY DAROL FORSYTHE/SEVEN GATES PROPERTIES - LOTS 8, 9, 10, BLOCK 1 J LAYNE INDUSTRIAL PARK SUBDIVISION: CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW V .---. 12. PUBLIC HEARING: ' REQUEST FOR PRELIMINARY/FINAL PLAT FOR SEVEN GATES INDUSTRIAL SUBDIVISION BY SEVEN GATES PROPERTIES, LLC, - NORTH OF LOCUST GROVE ROAD WHERE LOTS 8,9, AND 10 OF LAYNE INDUSTRIAL PARK NOW EXIST: CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW ./ ,--q 13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 283 LOT PLANNED DEVELOPMENT FOR PROPOSED WOODBRIDGE SUBDIVISION ON 80.83 ACRES FROM R-T TO R-4 BY WOODBRIDGE COMMUNITY, LLC - SOUTH % OF THE NW Y4 SECTION 17 T3N R1 E: CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW.......-- 14. FINAL PLAT FOR THE LAKES AT CHERRY LANE NO.8 BY STEINER DEVELOPMENT - NW %, SECTION 3, T.3N~, R.1W: APPROVE V 15. FINAL PLAT FOR DEE JAY SUBDIVISION BY J-U-B ENGINEERS- SOUTH STRATFORD AND EAST WATERTOWER LANE: APPROVE v" .--- 16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR APPROXIMATELY 20,000 SQUARE-FOOT CORPORATE HEADQUARTERS FACILITY, CREDIT UNION, DRIVE-UP TELLER UNITS AND RELATED SITE IMPROVEMENTS BY CAPITAL EDUCATORS FEDERAL CREDIT UNION - LOTS 14,25, 18 AND 19 IN BLOCK 2 OF HONOR PARK SUBDIVISION NO.3: CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW V 17. 1999-2000 FISCAL YEAR CAPITAL OUTLAY DISTRIBUTION: APPROVE v. (~. {, ( 18. DEPARTMENT REPORTS: ~ A. GARY SMITH - pubUC. WOYl--IL~- /nfbk-z"t1f1l-: 1. VEHICLE STORAGE BUILDINGS @ WASTEWATER TREATMENT PLANT - BID AWARD: APPROVE 2. AUTHORITY TO MAKE DETERMINATIONS P~VIED IN S 12-3-1 B MERIDIAN CITY CODE: APPROVE hJ~Lf 21 ~ B. KENNY BOWERS:- F'''--F GUleF: 1~ WORK ORDER CHANGE FOR NEW FIRE STATION: APPROVE 2. THE AUTOMATIC AID AGREEMENT WITH THE CITY OF BOISE: APPROVE - RESOLUTION NO. 275 v" 3. ADDITIONAL COST REQUEST FOR NEW FIRE STATION: DENY *~ 4. NEW FIRE WORKS ORDINANCE: NOTICE FOR PUBLIC HEARING ? C. CHIEF GORDON - po 1-1 C E CHI cF : 1. VEHICLE QUOTES: 2. SKEMATIC DRAWING QUOTES FOR NEW POLICE STATION: APPROVE LOMBARD-CONRAD 3. POLICE GRANT: DENY D. MA VOR CORRIE 1. SENIOR CITIZEN CENTER E. BILLGIGRAY - ./l-TflJILt'tE'I; T: ATTORNEY REPORT: /, (!lli!/1/Uj ~ R1CA/U<.h~ _ _ V; vl/J(lNvU -Iv <fZA-tJ)~/7t ug,~-e~ Z-F Ddkljl~ 13r - /ks. If 27b J / fJ ~c;t,-?<.- v<- /fr- -1-. - j2e J. ,d.- 2 7 7