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HomeMy WebLinkAbout1999 03-02 ( MERIDIAN CITY COUNCIL AGENDA TUESDAY, MARCH 2, 1999- 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE CONSENT AGENDA A. TABLED 2/16/99: FOTHERGILL GREENWAY LICENSE AGREEMENT - RESOLUTION #216: (APPROVE) B. MINUTES FROM PREVIOUS MEETING HELD FEBRUARY 16,1999: (APPROVE) C. APPLICATION FOR LIQUOR LICENSE BY MEGA, INC.: (APPROVE) D. APPROVE BILLS: (APPROVE) REGULAR AGENDA 1. PRESENTATION OF RESULTS OF THE HEAL THWISE COMMUNITIES PROJECT BY AMY HANNISH: 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2 - WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: (APPROVE) 3. TABLED FROM 2/16/99: CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUilDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE (MIDV ALLEY BUSINESS PARK) BY HUBBLE ENGINEERING - NW OF EAGLE ROAD/I-84 INTERCHANGE, WEST OF TEXACO: (TABLE UNTIL MARCH 16TH MEETING) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING, 1 TRI- PLEX, AND 4 FOUR-PLEX UNITS FOR PROPOSED SEABURY SUBDIVISION BY WEST PINE DEVELOPMENT - BETWEEN W. PINE 8T & W. BROADWAY AVE, EAST OF W. FOURTH 5T: (APPROVE AS AMENDED) 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 21.54 ACRES FOR PROPOSED THOUSAND SPRINGS VILLAGE BY MARTIN DEVELOPMENT INC.-NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE ROAD: (APPROVE) 6. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE-SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: (APPROVE) 7. TABLED 2/16/99: FINAL PLAT FOR WHITESTONE ESTATES #3 BY WHITESTONE DEVELOPMENT COMPANY LLC - NORTH OF WALTMAN, SOUTH OF W. FRANKLIN, WEST OF S. LINDER ROAD: (APPROVE) 8. REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS BY BRUCE A. BENOIT D/B/A BARISTAS ESPRESSO -1375 E. FAIRVIEW: (ATTORNEY TO PREPARE FINDINGS AND ORDER OF DECISION) 9. WATER I SEWER 1 TRASH DELINQUENCIES: (APPROVE) 10. DEPARTMENT REPORTS: A. TOM KUNTZ: 1. AWARD BID - GENERATIONS PLAZA. (APPROVE) 2. 4 ACRE FARM LEASE AGREEMENT WITH VANCE JANICEK. (APPROVE RESOLUTION #217) 3. TREE MEMORIAL PROGRAM. (APPROVE) 4. PARKS AND RECREATION GOALS AND OBJECTIVES. 5. RESOLUTION #218 -INDEPENDENT CONTRACTORS AGREEMENTS. (APPROVE) B. GARY SMITH: 1. TABLED 2/16/99: INSPECTORS CONTRACTS FOR MECHANICAL AND PLUMBING. (APPROVE BUILDING & ELECTRICAL. (APPROVE) 2. TRANSPORTATION IMPROVEMENT PROGRAM. (APPROVE) 3. USTICK WATER RESERVOIR DRAIN LINE LICENSE AGREEMENT. (APPROVE) 4. ROARING SPRINGS WATER PARK SEWER AND WATER ASSESSMENT AGREEMENT. (WORK WITH PUBLIC WORKS AND DEVELOPER) C. CHIEF GORDON: 1. POLICE BUILDING. D. RON ANDERSON: 1. DISCUSSION OF FIRE STATION SITE SOIL TEST CONTRACT. E. GLENN BENTLEY: 1. MERIDIAN OVERPASS. / \ MERIDIAN CITY COUNCIL MEETING MARCH 2, 1999 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on March 2, 1999 by Mayor Corrie. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree. OTHERS PRESENT: Mayor Bob Corrie, Will Berg, Bill Gigray, Bill Gordon, Gary Smith, Kenny Bowers, Shari Stiles. Corrie: I want to welcome everybody here this evening and thank you for coming. Sorry we're a little late. We had a pre-council meeting with some parents at 6:30. I want to welcome Troop 129 here tonight and also Troop 72 here tonight, so thank you for coming and hope we enlighten you on some of the Council's work. And also welcome to all the other folks here this evening as well. One of the things that I did want to remind you of tomorrow at March 3 at 3:00 is the enough is enough bell ringing for 33 seconds at 3:00, so if you are all inclined to do that we would like to see you do that. If somebody would like to come down to city hall, we're going to be ringing the bell at 3:00 and I believe the Chief is going to supply a car down here with a loud speaker to kind of do some of the bell ringing here as well. Council you have the consent agenda in front of you. Items A, B, C and D. Excuse me. I've got two C's here. What is your pleasure on the consent agenda? Bird: Mr. Mayor I move that we pass items A, B, C and D on the consent agenda. Rountree: Second. Corrie: Motion is made by Mr. Bird second by Mr. Rountree to approve the consent agenda A, 8, C and D. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 1. PRESENTATION OF RESULTS OF THE HEAL THWISE COMMUNITIES PROJECT BY AMY HANNISH: Hannish: My name is Amy Hannish, and I'm Nancy's assistant. I'm a health educator for Healthwise and Nancy couldn't be here this evening so I'm in her place and I would like to share here with you the results of our communities project. I'm hoping everyone has a book like this at home, Healthwise Handbook. We mailed these books out in 1996 as you may know as we started our three year Healthwise Communities project. bring to you some of our incredible successes that we've had with this project. This project extended through four Idaho Counties. It was Ada, Boise, Elmore, and Valley Counties. Our services included this Healthwise Handbook to all of those households, so every household got a book and we sent out over 32,000 Healthwise Handbooks throughout those four counties, and within Ada County - I'm sorry we sent out over 143,000 books, and 127,000 of those were in Ada County. Then our nurses from the Healthwise line have answered over 32,000 calls. So we've had great success with those as well. If you've ever used an information station over at the Meridian Public Library or if you've been in to Boise in that area, we have something called the ( Meridian City Council March 2, 1999 Page 2 Healthwise knowledge base. It's a consumer health information data base. It's extremely helpful, it's 30,000 pages worth of health information and we also have that on the internet and we've had great success with that. We've had over 16,000 users on those information stations in the libraries and physicians' clinics. The website gets about 400 hits a day. So our goal was to make the residents of Ada, Boise, Elmore and Valley Counties the most educated and empowered health care consumers in the State of Idaho and across the nation. We've had an incredible impact on the lives of people. Oregon Health Science University has been studying our communities project and 62010 of people that have used the book saved themselves a trip to the doctor's office, because they were able to treat their problem at home when they would have gone into the physician's clinic. And 71 % of people that have used the Healthwise Handbook have saved themselves a trip to the emergency room, which is very costly. So to put this in dollar amounts, we have saved these four counties an estimate of about 14 million dollars in a three year period. They had a low estimate of about 7 million dollars and a high estimate of about 21.5 million dollars so we've saved the people in our community a considerable amount of money. We have also presented self care workshops that includes using the book and we've presented these workshops to various community groups and we've had a great presence in the faith community especially here in Meridian. 590 junior high and high school students have attended these workshops and that comes to an overall of about 17,000 people just in Ada county that have attended these workshops and seen what the Healthwise Handbook can do for them, and at that time if they didn't have a handbook at home, we gave them one so that they could take and use it. So we've had incredible successes and we far exceeded our goals that we had set. We estimated that we would save the community 9 million dollars. Again, it turned into about 14 million dollars. The return on investment that we got from our sponsors was about 4 to 1. So for every one dollar that the sponsors spent for our communities, it was returned $4 in savings. So that's a substantial amount. I welcome any questions as well. Anderson: Mr. Mayor I have one. We had all this tremendous success. Where do we go from here now? Are you going to keep it going? Hannish: Well actually the Healthwise Communities project is ending on March 31st, which is why I'm here to present to you our successes. The good news is we were originally suppose to end on August 31st of 1998 and we were able to extend it this extra six months. So that is a great accomplishment. Unfortunately we are not able to extend it beyond that, but the Healthwise knowledge base that's on the internet will continue to be on the internet and it will still be free to the community. If anyone cares to write that address down, I can say it for you. Anderson: Go ahead. Hannish: It's www.ivillaQe.healthwise.com. Healthwise, Inc. will continue to produce this incredible health information. They are actually coming out with I believe a 13th edition of the Healthwise Handbook in May, and they will continue to update that ( Meridian City Council March 2, 1999 Page 3 healthwise knowledge base. They update it quarterly so it's very up to date current health information. Again about 30,000 pages were in every update, there's more information new topics. So it's great information for our community and our community has used it. They've become more educated. They've become more empowered and they have learned how to work in partnership more with their physicians. So we've had a great impact. Bentley: I think it's a great program that you put together. My wife is a nurse and she's even delved into the book to get some answers too and she was pretty impressed with the organization of it. So thank you. Hannish: It's a great book. This book is written to a seventh grade level, so it's useful for - I go into high schools and junior highs and show the kids how to use the books and tell them that they have them at home. A lot of those kids baby-sit and they can resolve the problems with children by using this book and a lot of kids approach me after the class and they said I never got a book. Can I take one home with me? Or where can I get it? So it's great to offer those services and know that we're reaching people and that they welcome the health information, welcome that education. Anderson: Is the primary reason it's not being continued because of the sponsorship then? Hannish: Well originally we had gotten about 2.1 million dollars from the Robert Wood Johnson Foundation. And then local corporations matched that amount. Blue Cross and Blue Shield contributed a very substantial amount to that fund so that we were able to have 4.2 million dollars for the three year project. We did not get a renewal of the Robert Wood Johnson Foundation money, and some of the local sponsors were not able to contribute what we were asking due to their bottom lines, so that the project could exist as we know it. Anderson: Thank you. I applaud you for your efforts. Hannish: Thank you. Thank you for giving me this time this evening. Continue to use your Healthwise Handbook. Corrie: I've got mine. Before we go to item two, I would like the Council to on the department reports to add Councilman Bentley. He wants to have a discussion on the Meridian Road bridge so we'll have that as item E. 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2 - WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: Corrie: I invite staffs comments and we'll start with Shari. I'm sorry Mr. Gigray~ Gigray: Thank you Mr. Mayor and members of the Council, I'll do the staff report since this is merely the adoption of Findings of Fact and Conclusions of Law, excuse me. Meridian City Council March 2, 1999 Page 4 Adoptions of Findin~s and Conclusions. We prepared these as a result of your action on February the 16t. The main issue which was presented to the Council for which this matter was delayed by a number of public hearings and continuances had to do specifically with the access question. As you go through you will see the findings include those parts of the record which were established and I understood were not contested. The specific one dealing with access that you want to review here is 17.1. That language is included as being a consideration of government subdivision in order to - so that this development will not impose expense upon the public as a condition. And then we've repeated that finding at 19.3 and that is the finding that deals with if the development is allowed, what can be done to minimize hazard or disturbance to neighboring properties. And then we've included as 3.1 of your Decision and Order as a condition of annexation and the development agreement at page 19. Basically what it provides is that the site is currently landlocked, that access to the site is proposed and shall be contingent upon the applicant obtaining right-of-way and constructing a public road which right-af-way shall also be used as public utilities in accordance with the standards of the Ada County Highway District, which public road shall be in and run adjacent to the northwest boundary of the real property to the south of the subject property a distance efficient to provide access to the public street within the Packard Subdivision with accordance with the approved plat thereof which is located in the parcel to the southwest of the subject property and as an emergency access only to the subject property from Eagle Road subject to Ada County Highway District requirements. The access location shall also be considerate of the residents of the Carol Subdivision to the north and shall not be adjacent to their lots. Adequate pedestrian and bicycle access shall also be needed to provide to the site and I drafted this in relationship to your motion at the last Council meeting. Given the testimony that was provided and evidence and I believe it came through and was uncontested that the appropriate location that had been identified by the school district representatives by their developers as well as by approval of staff and public works was that access way along that particular at that particular location which would then funnel into the Packard Subdivision. Corrie: Thank you Counselor. Shari you called me this afternoon and I think we need to have a discussion of what's going on here. We may have to do something. Stiles: Mr. Mayor and Council, I have received calls from the architect, Darrell Leatham and Jim Carberry today about some discussions they've had with Ada County Highway District and the Idaho Transportation Department requiring a public road be constructed to Eagle Road to access this site and the 80 acres to the south. I have not heard that personally from either Ada County Highway District or the Idaho Transportation Department. This is in a location that coincides with the requirement for a public road from the Eagle corridor study. However I believe the way the findings are written is more than adequate to take care of that. Corrie: Any further discussion on the Findings of Facts? Meridian City Council March 2, 1999 Page 5 Rountree: I have none. Bird: None. Corrie: Then I will entertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law and the Decision and Order for the requested annexation and zoning. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the Findings of Fact and Conclusions of Law and the Order. Any further discussion? ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. MOTION CARRIED: ALL YEAS. Rountree: Excuse me Mr. Mayor. On that particular item in the Findings of Fact and Conclusions of Law and Order of Decision there's an indication that a development agreement would be in order. That needs to be followed up before can request annexation ordinance. Gigray: Mr. Mayor with your permission, I'll respond. Members of the Council, we have gone ahead and prepared a draft of the development agreement as well as a draft of the annexation ordinance so that that pending action of City Council tonight and we'd be in a position to submit that to the school district for their - and I think that's been routed today to the Clerk's office if I'm not mistaken. You haven't? Then she's holding it until tomorrow then. Rountree: That's in process. I just want to make sure. Gigray: Oh, yes. Rountree: Okay. Thank you. 3. TABLED FROM 2/16/99: CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE (MIDVALLEY BUSINESS PARK) BY HUBBLE ENGINEERING - NW OF EAGLE ROAD/I-84 INTERCHANGE, WEST OF TEXACO: Corrie: Mr. Gigray? Gigray: Mr. Mayor and members of the Council, just to refresh your memory this matter was tabled on advice of City Attorney to assure that the annexation ordinance was in effect and had been published so that the subject real property would be subject to the ordinances of the City. We had tendered to the Clerk a draft of the recommended findings and order granting conditional use permit in a transmittal letter of February the 8th, and I believe you have that before you, and if the Clerk can affirm that the ordinance Meridian City Council March 2, 1999 Page 6 of annexation is in effect and published, my recommendation would be that it would be proper for you to consider action on this matter. Corrie: Mr. Clerk can you affirm that? Berg: Mr. Mayor and members of the Council, the annexation ordinance is recorded by Ada County and it will be published tomorrow in the newspaper so it has not yet been published. Bird: Mr. Mayor we got a memorandum from Mr. Gi~ray stating that exact same thing, and this is going to have to be tabled until March 16t meeting. Am I not true? Gigray: That's correct. Corrie: I'll entertain a motion Mr. Bird on the table. Bird: Mr. Mayor I move that we table the conditional use permit for Midvalley Business Park until 3/16/99. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree to table item number three until the March 16, 1999 meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING, 1 TRI- PLEX, AND 4 FOUR-PLEX UNITS FOR PROPOSED SEABURY SUBDIVISION BY WEST PINE DEVELOPMENT - BETWEEN W. PINE ST & W. BROADWAY AVE, EAST OF W. FOURTH ST: Corrie: Mr. Gigray? Gigray: Mr. Mayor and members of the Council, you have before you a draft findings on this particular matter. I would advise the Council upon review that we would recommend a change. One of the issues as you remember had to do with the width of the driveways. I had originally drafted this and I'm looking at 6.17 of the findings on page 5. It talks about driveway widths and I see we neglected to delete as required by ordinance because I remember there was a discussion about the ordinance so what we would propose I think you could go ahead and move on this if you choose to that we would if you make this motion change that language to internal driveway widths are approved as shown. Driveway approaches shall be as required by Ada County Highway District which will accommodate the proposal that was submitted which I believe provided for 23 foot widths for those driveways as the testimony was in there, but we would change the language of that section. That section reappears in the conditions of the order and then section 6.35 at page 7 we would propose an additional language in that finding to comply with the plat approval here that would just add what's Meridian City Council March 2, 1999 Page 7 already there the language if out parcel abutting Broadway Avenue is required to be part of the final plat, so that would further qualify that condition and I have had an opportunity to have that reviewed and I think that this language will make those provisions just a little bit clearer in conditions as follow up and we would recommend those conditions as they're shown and the Decision and Order we would make the same changes if you choose to follow that advice. Corrie: All right thank you. Staff any further comments on this item? Stiles: Mr. Mayor and Council, I would just add on page 10 of the findings to change the - on paragraph five that this is an R-15 zone. Gigray: That's correct. Corrie: Anything further? Any further discussion on item four? I'll entertain a motion to approve Findings of Fact and Conclusions of Law with the change of language as prepared by the attorney and Planning and Zoning Administrator. Bentley: Mr. Mayor, I move that we approve the Findings of Fact and Conclusions of Law and request for conditional use permit for Seabury Subdivision with the changes made by Planning and Zoning Director and City Attorney. Anderson: Second. Corrie: Motion is made by Mr. Bentley second by Mr. Anderson to approve the Findings of Fact and Conclusions of Law as changed language. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 21.54 ACRES FOR PROPOSED THOUSAND SPRINGS VILLAGE BY MARTIN DEVELOPMENT INC.-NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE ROAD: Corrie: Mr. Gigray. Gigray: Mr. Mayor and members of the Council, as a result of the action taken by the City Council at the last meeting, we've prepared these Findings for your consideration. This is the annexation request that consists of two parcels and there are also accompanying plat applications with this. But this is simply on the annexation and zoning request. As you will see these Findings also include the Comprehensive Plan analysis in addition to the requirements and conditions of annexation. Of course if you take this action we will have to follow it up with a development agreement and Meridian City Council March 2, 1999 Page 8 ordinance of annexation and our usual recommendation on the annexation is that that is held until the development agreement is signed. Corrie: Any other staff comments? Stiles: Mr. Mayor and Council I would just add on page 22 of the Findings, the first paragraph 3.31 that direct lot or parcel access to Eagle Road is prohibited. Just add Eagle Road between to and is. Gigray: Oh is this an addition? Bentley: It says to is prohibited. It should say to Eagle Road. Corrie: Thank you Shari. Any further comments? Council? I'll entertain a motion on the item number five, Findings of Fact and Conclusions of Law request for annexation and zoning. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law and the Decision and Order that will grant this annexation and zoning. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the Findings of Fact and Conclusions of Law annexation and zoning and make the corrections. Any further discussion? ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. MOTION CARRIED: ALL YEAS. Corrie: Mr. Gigray have the development agreement and the ordinance for the annexation then. Gigray: Yes, those will be in process. Corrie: Thank you. 6. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE-SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: Corrie: Mr. Gigray. Meridian City Council March 2, 1999 Page 9 Gigray: Mr. Mayor and members of the Council this as the similar actions that we've had are matters that you decided on the 16th of February. We have at your direction prepared Findings of Fact and Conclusions of Law and Order of Decision to grant an application for annexation and zoning of this 8 plus acre parcel, which is proposed to be annexed into the City. Findings relative to the essential requirements for legal requirements for annexation and appropriate zoning designation are included and as you will find the specific considerations of the government subdivisions as conditions of annexation are set forth in section 18 of these findings of which there are a number that were listed there. If you need further review of that, I'd be more than happy to do that. We also have included in the findings for your consideration the proposed development and analysis of the Comprehensive Plan because it's an annexation and zoning designation and that it's in conformance of the Comp plan. Those conclusions of law include that analysis in addition to your statutory and ordinance authority to take these actions and then the order proposed decision and order includes entering of a development agreement which provides in section four of your order the specifics of that development agreement which are those conditions relative to the requirements and requests of the government subdivisions providing services in the jurisdiction. Corrie: Okay thank you. Any further comments from staff. Stiles: No, sir. Corrie: Thank you. Any comments or discussion from Council? I'll entertain a motion on the Findings of Fact and Conclusions of Law. Anderson: Mr. Mayor I would make a motion that we approve the annexation and the Decision and Order for the zoning request for John Goade for 8.51 acres. Bird: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the Findings of Fact and Conclusions of Law for the request. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 7. TABLED 2/16/99: FINAL PLAT FOR WHITESTONE ESTATES #3 BY WHITESTONE DEVELOPMENT COMPANY LLC - NORTH OF WALTMAN, SOUTH OF W. FRANKLIN, WEST OF S. LINDER ROAD: ( \ Meridian City Council March 2, 1999 Page 10 Corrie: Shari, any comments? Stiles: Mr. Mayor and Council this was tabled last time because the applicant hadn't had an opportunity to review our comments and respond, which they have now done and also it was the issue of vacation of right of way and that's being handled through Ada County Highway District through an exchange in lieu of a vacation. He's addressed all of our concerns. Corrie: Mr. Gigray, I haven't forgot you. I just made you second this time. Gigray: Mr. Mayor and members of the Council, in this instance we haven't gotten to - in the final plat we would just prepare the order based on whatever action the City Council would take and the only matter I would think you may want to clarify with the staff is whether or not there are any changes or additions or deletions of their recommendations submitted to the City Council for plat approval of I believe it's their letter of February 24, 1999. Corrie: Ms. Stiles. Stiles: I have no additions. Corrie: I'll entertain a motion for the final plat of Whitestone Estates No.3. Rountree: Mr. Mayor I move that we approve the final plat for Whitestone Estates No.3 Subdivision with including the conditions of staff. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the final plat with conditions of staff. Any further comment? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 8. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS BY BRUCE A. BENOIT D/B/A BARIST AS ESPRESSO - 1375 E. FAIRVIEW: Corrie: At this time I will open the public hearing and invite comments from staff. Stiles: Mr. Mayor and Council, this was not really required to have an additional public hearing, but since it's been noticed I guess we would go ahead with the public hearing. ( Meridian City Council March 2, 1999 Page 11 It's for an espresso kiosk in front of the Intermountain Outdoor Sports building. As far as the recommendation on page 3, item 1.4 I would add to beginning except for signage as shown on building, no signage is approved with this application, and also under 1.6 to strike that as our code enforcement officer has been hopefully successful in getting the emissions van to take down their illegal sign. So we'll just keep working with them and make sure that they all comply with the sign ordinance. Smith: Mr. Mayor and Council, I just have one question that I would like the applicant to address if they're here this evening. The matter of the water that is supplied to the fresh water tank within the small building and the gray water I believe it's referred to that's withdrawn from the holding tank, I'm curious as to where the water comes from and where the water goes after it's removed. Corrie: Any other staff comments? This is a public hearing I'll invite the representative fi rs t. BRUCE BENOIT Benoit: I'm Bruce Benoit. I'm the owner of the establishment and to answer your question the water comes from approve city sources. We currently have one in Boise. It comes from the United Water and probably would be the same source for here since we have the same delivery system for all of them and the gray water is hauled to approved sewer dumps. It doesn't go to parking lots. It doesn't go to storm drains. It goes into sanitary sewers and it's hauled away in a storage system that we have, pumps it out the tank and disposed of properly. Corrie: Did that answer your question, Mr. Smith? Smith: Yes, Mr. Mayor. Those would both be city systems then. The water from the city system, the sewer to a city dump? Benoit: Yes, correct. Some of them like for instance one of the places actually goes to a - we're dumping it into a car wash drain that's a car wash sump that's part of the city sewer system. It doesn't go to the storm drain system at all. Corrie: Do you need some clarification of what he's talking about or anything? Smith: No, I just - there was a question about sewer assessments and water assessments and I was just curious as to where these were coming from and where they were going. Bird: Mr. Mayor I got a question for the applicant. Have you looked at the recommendations from the Planning and Zoning Commission and agree with those? ( Meridian City Council March 2, 1999 Page 12 Benoit: Yes. Bird: Okay. Corrie: Thank you. Any further questions? Hearing none, anyone else wish to issue testimony in this hearing? Okay. The Council have other questions or discussion at this time? Rountree: I have none. Bird: I have none. Corrie: Okay I'll entertain a motion to close the public hearing. Rountree: I move that we close the public hearing on the conditional use permit for the kiosk in the parking lot of Intermountain Outdoor Sports. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to close the public hearing on item number eight. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? Hearing none, I'll entertain a motion on the request for conditional use permit item number eight. Rountree: Mr. Mayor I move that we approve the conditional use permit request for the kiosk with the appropriate changes made on page 3 of the recommendations from Planning and Zoning Commission that would allow signage on the building as shown and that - that's the only change in the recommendation. Bird: (I naudible) Bentley: 1.6 needs to be stricken. Bird: Yeah. Rountree: She may want to remove it, but I'm not going to. c ( Meridian City Council March 2, 1999 Page 13 Bird: I'm not either. I'm not voting for it. Don't we have to have Findings of Fact and Conclusions of Law and Decision and Order on this? Isn't that part of the - wouldn't that be part of your motion Charlie? Rountree: Mr. Mayor I will withdraw my motion. Mr. Mayor clarification with the Counsel. Did Planning and Zoning grant the conditional use permit? Gigray: Mr. Mayor and members of the Council, if it's agreeable with Councilman Rountree that I respond to that question. They have prepared recommendations because the final authority under your ordinance for conditional use permits lies with the City Council, so that's why it comes to you in the form of a recommendation rather than Findings of Fact because it's a conditional use permit and it comes under the quasi judicial matters under the land use planning act we have to prepare Findings of Fact and Conclusions of Law and Decision and Order in accordance with your directive this evening which we would bring back to you at the next Council meeting for your consideration and adoption. But the recommendations provide you with some of the conditions that you might direct that I include in those findings. Rountree: Thank you. Mr. Mayor I move that we have legal counsel prepare Findings of Fact and Conclusions of Law including the recommendations as conditions in that finding with the modification of the item on page 3 as it relates to signage and that we indicate an affirmative in the Findings of Facts as far as acceptance of the conditional use permit. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird, discussion? Bentley: I have a question. On your reference to the changes made on page 3, are we going to include the second change or not? Rountree: I'm not. I'm just as it relates to the signage on the building. Bentley: Okay, thank you. Corrie: Any further discussion? All in favor of the motion as stated with the change in 1.4 adding the word on the building after the no signage has been proposed on the building. Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 9. WATER I SEWER I TRASH DELINQUENCIES: Meridian City Council March 2, 1999 Page 14 Corrie: This is to inform you in writing if you choose to have the right to a predetermined hearing at 7:30 p.m. Tuesday March the 2nd, 1999 before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the city that your water, sewer and trash bill is delinquent. You may retain Counsel and this service will be discontinued on March the 10th, 1999 unless payment is received in full? Is there anyone in the audience present who wishes to contest their water, sewer and trash delinquency? They are hereby noticed that they may appeal and have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho Code. Even though they appeal their water will be shut off in the amount of the turn off list is $45,120.38. That comes down to real close (inaudible) March 10th. I'll entertain a motion on the turn off list. Bird: Mr. Mayor I move that we approve the water, sewer and trash delinquencies. Rountree: Second. Corrie: Motion's made by Mr. Bird second by Mr. Rountree to approve the water, sewer, trash delinquency turn off list. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 10. DEPARTMENT REPORTS: A. TOM KUNTZ: 1. AWARD BID - GENERATIONS PLAZA. Kuntz: Thank you Mayor and Council. The first item under department reports is the Generations Plaza bid award. You should have in your packets a memo with a letter attached from David Koga of the Land Group that lists each company that bid on Generations Plaza and the price. The Parks and Recreation Department supports Dave's recommendation that the construction bid for Generations Plaza be awarded to Guho Corporation in the amount of $123,709, and request approval for the Mayor to sign and the City Clerk to attest. (End of Tape) Bird: Is that motion Tom? Kuntz: Yes, do I have a second? Bird: Mr. Mayor I move that the City of Meridian accept the bid and enter into a contract with Guho Corporation on Generations Plaza for total of alternate A added in of $123,709. Meridian City Council March 2, 1999 Page 15 Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve the contract to Guho in the amount of $123,709, authorize the Mayor to sign and the City Clerk to attest. Any further discussion? Bentley: Can we add an "Amen"? Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bird: After five years, we'll really break ground. Corrie: Is that going to be done - Rountree: It hasn't been that long. Bird: Four year this month. Unidentified: The schedule is groundbreaking in two weeks if all the contracts are signed up and everything and the dedication during Dairy Days. Bird: It will be finished by Dairy Days? Unidentified: Yeah, that's the plan. Rountree: Don't make promises you can't keep. (Inaudible) Unidentified: (Inaudible) so it should work pretty good. As a matter of fact I have a meeting with the contractor tomorrow if we could sign that note of award. Anderson: It's being signed right now. Bentley: Mayor, I have a question for Tom. I know you're in discussions with the utility easements. Are we getting that hooked? Kuntz: I presented those construction utilities easements to Betty Theirhouse today and told her we need to hear back from her in a timely manner. I'm going to call her at the end of the week just to see how she's coming. She informed me that her attorney had Meridian City Council March 2, 1999 Page 16 had a heart attack so she was looking for another attorney. I did give her a copy of the original easement that she signed off on and hopefully that will expedite matters. The only change between the two easements is that between the original and the one I'm having her sign now is we're asking for a permanent sewer easement underneath the electrical or as part of the electrical easement because we are going to run a drain into the storm drain for the fountain, so that's the only change we're asking for from the original one. Bentley: Thank you. 2. 4 ACRE FARM LEASE AGREEMENT WITH VANCE JANICEK. Kuntz: The second item is a four acre lease agreement with Vance Janicek. To give you a brief history the last two years the Joint School District No.2 which owns 55 acres south of Overland Road and east of Meridian Road and runs adjacent or abuts up to our four acres has been collecting lease on our four acres. Mr. Janicek called to inform me of that situation. We met approximately a week and a half ago. Thanks to Mr. Gigray's office was able to throw together a lease agreement and that lease agreement is what you have in your packets tonight, and I'm requesting your approval on that agreement. Bird: Is that for a year Tom? It will be for one year. I believe it expires August 31st of this year. Bentley: Mr. Mayor I move we approve the lease agreement between the City of Meridian and Vance Janicek for the four acre park and authorize the Mayor to sign and the Clerk to attest. (Inaudible) Bird: I'll second that. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the four acre farm lease agreement with Vance Janicek the Mayor to sign and the City Clerk to attest. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Kuntz: The next item is the memorial tree project which you have a copy of in your packet. This program went to the Parks and Recreation Commission this month and they unanimously approved of the program. What we are trying to do is initiate a tree donation program and have designated a site along the five mile creek pathway in Tully Park that would be the area where we'd plant these trees and the plaques initially. With ( Meridian City Council March 2, 1999 Page 17 the future park expansion we would try to designate other areas that would be where we would plant these memorial trees. Bird: Mr. Mayor, Tom is this $290, does that just cover our cost or does that give us a little - Kuntz: That gives us a 200ft> mark up. Bird: Good okay. Kuntz: Administrative fee. Bentley: Mr. Mayor I have a question for Tom. Have you laid out an area where we're going to place these? Is it right along the pathway? Kuntz: It is, it's on the park side of the pathway. We can't once we entered into an agreement with Nampa Meridian where the path will be along Five Mile Creek, if it reflects the agreement we have now with Fothergill, they don't want to see us planting trees along the creek side of the pathway so planning ahead we're going to make sure we're on the park side of the pathway. We have an individual who wants to buy two trees and two plaques right now. Bentley: My follow up question to that we're allowing enough space so when we go in there to put the pathway in we're not going to disturb the trees. Kuntz: Correct. Bentley: Mr. Mayor, I move that we approve the Meridian Parks and Recreation Memorial Tree program. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the memorial tree program. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 4. PARKS AND RECREATION GOALS AND OBJECTIVES. Kuntz: Item number four you should have in your packet is the parks and recreation goals and objectives for 1999. These goals and objectives went to the Parks and Recreation Commission this month and were approved. What we've done at this point Meridian City Council March 2, 1999 Page 18 is taken all of the goals and objectives under each major heading marked A and tried to put a priority number one, two or three and then assigned staff responsibilities to complete those priorities. We welcome to answer any questions. Anderson: Are you going to be able to meet that number one goal? Kuntz: Yes, sir. Bird: How about the number two? Kuntz: Yes, sir. Actually I met with a new landscape architect firm and they are really excited about number two on that list, but of course we'll have to go out to all landscape architect companies with an RFP, but we've got a lot of interest out there in both those projects. Corrie: Thank you Tom. Good goals. Kuntz: Mayor, I do have a number five and on the original agenda for tonight, I believe it was struck. But I do have a number five item. The number five item that you have there is not the one that I want to discuss. I really have nothing to report on that and that was the Parks and Recreation fee and don't have a report on that tonight. That's being worked through by Council member Bentley and will be brought to your attention to discuss it at a future date, but I do have and you should all have a packet that was put in your mailbox tonight a copy of a memo from Bill Gigray to myself. If you don't I've Bird: It was in our box tonight? (Inaudible) Kuntz: And I apologize for the lateness of this, but we had submitted to Mr. Gigray's office two items in regards to getting our spring recreation programs up and running. The first was an agreement with the Meridian Joint School District NO.2 to use their facilities and item number two was an agreement that's allowing us to use independent contractors to teach our classes. Mr. Gigray did an excellent job of pulling both those items together and I think I would ask for his further explanation of what we have in front of us tonight. Corrie: Are you asking for the resolution tonight Tom? Kuntz: Yes. Corrie: Okay, Mr. Gigray. ( Meridian City Council March 2, 1999 Page 19 Gigray: Mr. Mayor and members of the Council and Tom, working with Tom and Tom's office it appeared that these two items seemed to go hand in hand because I believe the one with the Joint School District was a method to provide facilities for recreational programming. The other part of this had to do with the form of agreement by which the Parks and Recreation Department would enter into contracts that would clearly define the people that are providing specific services for programming and recreation where it's needed would be hired as independent contractors. I thinking about this and working with Tom have prepared for your consideration a resolution which would grant him authority to enter into these contracts upon certain conditions. One the resolution as you can see in the first section sets out certain findings and the basis for findings is it's a declaration on your part that this activity is really within the normal course and scope of his department authority and the operations of its normal programming activity. Secondly it would provide authority to the Parks and Rec. Director to enter into independent contractor agreements. Those agreements would have to be in the form and manner of what is Exhibit A attached to this resolution to provide services for recreational programming and then to give the Parks and Recreation Director authority to enter into rental agreements with the school district in the form provided in Exhibit B for facilities needed to run recreational programs upon the condition that it's within the recreational budget appropriation for fiscal year 1998 and 1999. It provides that this particular authority would rest with the Director until you either change this authority by revocation of this resolution or at the end of the 1998 and 1999 fiscal year whichever comes first and it would provide that as a routing mechanism and information that the Parks and Recreation Director would provide the original of the agreement to the City Clerk so that it's filed with all of our contracts as official records of the City and then notify the insurance carrier of any agreements signed under his authorization for the purpose that the city would be assured of insurance coverage for all of its activities at all of its locations because we wouldn't want an insurance lapse to occur. The independent contractor agreement which is attached as Exhibit A to the proposed resolution sets out in a basic format by which these agreements could be filled out by the department using the particular form because there are going to be a number of people that they're going to have to deal with. If you grant this authority, the Parks and Recreation Director does not have to bring each one of these back to you for a specific resolution and authorization. If you don't want to give that authority, then we'll have to retrofit this resolution. The form of the independent contractor agreement I have worked on to assure that there's a declaration of intent and purpose of entering into the agreement. They would prescribe in section two of this agreement what contractor services are going to be provided in this recreational program. Where the work is going to occur the term is going to be for the session that they will be providing and then in section four provides leeway so they can draft specifically what the compensation provisions are because that could change depending on what kind of program is involved. Some may be by the hour, some may be by the program. Then in section five we have an option as to whether the contractor is required to provide and furnish the Meridian City Council March 2, 1999 Page 20 materials and equipment or they're not. This could depend on what's going on and then we want to be clear in section6 they're an independent contractor. They are not going to be considered as an employee. There's a work standard. I've included that in section 7 so that in many of these instances we're going to be contracting with people that have particular expertise and we want insurance that the contractor will adhere to standards of care and performance that are reasonable and prudent of person of similar qualification, training and expertise. And if appropriately licensed providing said services and I use the language there and I've drawn that pretty closely to the language that's in the Idaho Code relative to the medical malpractice standards which I think best articulates in the statutes what the standard of care is for people that are providing professional expertise. The term that this is an exclusive the rest of these provisions are kind of standard. It's not to be assigned. We entered a contract with a specific person to provide those services. Written notice of provisions and then some other standard provisions so that's basically that form. The form which is provided as Exhibit B is the school rental agreement form and this is actually a copy of the form that is provided and used by Joint School District No.2. We've just - this has some specifics in this regarding place and hours and that's because the one we had to follow this from was for the Meridian Middle School, but as long as it substantially follows this form, he would be given authority to enter into those agreements, and I don't know how many sites they will have to negotiate at how many schools, but this would give him authority to handle that as a part of his authority to administer this program and then the top letter you see is a directive from me to Tom with regards to follow with how to fill out the contractor agreement and what is the follow up with regards to when agreement is entered into who you supply copies to and so on. Bird: I got one question on the subcontractor. Being a subcontractor they got to have a certificate of insurance liability and workmen's comp, don't they to work for the city as a subcontractor? Gigray: If they're going to have employees we definitely want to have - Bird: Even if they're out there doing as a subcontractor - I realize if they own themselves, they don't have to have the workmen's comp but they got to have liability. If they do something and get sued by one of the participants or something it's going to come back to us anyway, but they should have the liability. If they're going to be a subcontractor, they should have certificate of liability. And that should be in this right here, and what our minimum is I don't know what our minimum is for the city, but I'm sure it's $500,000 or a million, isn't it? Gigray: $500,000. Single incident. Meridian City Council March 2, 1999 Page 21 Bird: Okay I would think any subcontractor that is receiving money as a subcontractor, that has to be in that agreement, and if they've got employees they better have workmen's comp on file too and that's got to be on the file before they start work. Rountree: Mr. Mayor I can't envision that we would get into this situation but there are limits to the amount that can be contracted without going through a bid process or a professional agreements process. That may need to be alluded to in the directions on this, so we don't get into that case and the other item I would propose to have included in this in terms of what the authority is that the authority is granted not only within the constraints of what's budgeted for the Parks and Recreation Department but that a monthly report be provided to the Council on the status and account of agreements that have been entered into the amount and the duration. Bird: Also to the Parks and Recreation Commission? Rountree: Yeah, that's an understood. Bird: I got one question Mr. Mayor. On this if he contracts it by the hour, then we would be eliminating that clause won't we of the bidding Charlie? I don't know how you do this Tom. Is it usually on an hourly or is it on a section? Kuntz: Usually it's on a per person basis. And so if you're taking a karate class, the instructor would - let's say we were charging $15 for a six week class or an 8 week class. The instructor would enter into an agreement where we would agree to pay them $10 per student for each student in that class. So the amounts and I'm not sure what kind of amounts you're talking about but should not be - Rountree: You're correct. I can't envision getting there, because I think the amounts are like $25,000. Bird: Yeah but we need to take into consideration that down the line it could happen. Rountree: Well this is only good for a year at a time. Kuntz: And Charlie if I could address the report thing. I would hope that through the reports that we get on a monthly basis from our finance department that not only our expenditures identified, but our revenues identified because I need to track that for budgetary purposes for the coming you know fiscal year, so that's something that we're definitely interested in and it would be very simple to get that and pass it along to the Commission and the Council, and that report should include not only contractual instructors but instructors that are not eligible to be contractual and would be employees. We still want to keep a check and balance between revenues and expenditures for those recreation programs. ( Meridian City Council March 2, 1999 Page 22 Bird: If you're going to hire employees now we're getting into another subject. Rountree: Those are the only comments I had initially. Corrie: Any other comments? Gigray: Mr. Mayor point of information for the Mayor and Council, I was advised I think by Eli that they may need authority to enter into the agreement with the Joint School District because I think that comes before them on Monday or they have need for the space by then and I don't know whether or not you feel comfortable making a motion for approval of these resolutions subject to our preparing the appropriate change to provide for the certificate of liability insurance as an addition to the form on Exhibit A that also that this resolution would include an additional provision that no contract could be entered into that would violate the Idaho State Code on bid for services for professional services and include a provision that the Parks and Ree. Director provide to the City Council and to the Parks and Rec. Commission a monthly report of any contracts entered into. Bentley: Will, do you have a resolution number? So we can hook one into it? Mr. Mayor I would move that we authorize the Parks and Rec. Director and approves these resolutions for independent contractors agreement with the stated changes and the Meridian School District rental agreement. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the resolution with the approved amendments to be prepared by the City Attorney as directed by Council. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bentley: Mr. Mayor I have a question for Mr. Rountree. And that is on the - what was your intent on the Parks and Rec. Commission and reflection on this? Rountree: Just that they get the information so they know what's going on as well. They wouldn't approve it, we wouldn't approve it. It's just an accountability thing and it's information that they need. Bentley: Okay thank you. B. GARY SMITH: ( Meridian City Council March 2, 1999 Page 23 1. TABLED 2/16/99: INSPECTORS CONTRACTS FOR MECHANICAL AND PLUMBING. (APPROVE BUILDING & ELECTRICAL. Smith: Mr. Mayor and Council, the first item this evening concerns the inspectors contracts for the mechanical and plumbing inspections. As you know our mechanical and plumbing inspectors, all of our inspectors are contract employees. At the last Council meeting you approved the building inspector and the electrical inspectors' contracts and you had questions concerning the requested increases for mechanical and plumbing and table those to this evening's meeting. Lynd Hoover, our plumbing inspector and Rod Medley, our mechanical inspector is here this evening to answer your questions concerning their request. I guess I would open the floor to you to ask questions of them. I believe - hopefully you still have the information that was submitted to you at the last meeting concerning the fees that were paid to each. The- Rountree: Mr. Mayor if I might my issue - it's really not an issue just wanted an explanation of the change and your thoughts behind the suggested change. Is it a parody issue with the other inspections that go with the City? Is it in line with what's going on in the industry? What are you issues and what are you trying to accomplish besides get more money? That's pretty simple. Smith: I guess I'll just turn microphone over to either Rod or Lynd~ However they want to proceed. (Inaudible) Hoover: I've been doing this ten years and I've had two decreases in what I make. I started off originally at 50% and then I went from 50 to 40 on a sliding scale. Now I'm to 50, 40 and 30 on a sliding scale. I still do the same amount of work. I've had to hire people in the past to help me get all the work completed, and right now if I hire somebody I'm paying them $30 an hour and I think I need a raise, you know in ten years I need a rate increase just to cover my expenses that I will have if we get really busy and I have to hire somebody. Rountree: Lynd, I guess I had a question in terms of your sliding scale as opposed to the sliding scale reflected with the other inspections. And I don't have them in front of me but as I recall yours broke at 3 points and the other sliding scales there are four ranges and permit issuances where there's certain percentages and I think Mr. Medley is talking about essentially he'll end up with three by his proposal but the other two inspectors there's four break downs. Did you look at that so we have some consistency in how those permit issuances breakout and are there pros and cons as it relates to your business on that. ( Meridian City Council March 2, 1999 Page 24 Hoover: Well every inspector has a little different quirk to their contract. Harold the electrical inspector gets 500/0 of all commercial no matter where he is on his percentage. The commercials like St. AI's you spend just a tremendous amount of time there. Just you know, I've been there probably 20 times so far and they're only on the second floor. You know it just get busy and all our contracts are not the same. Mine would break down into three groups. I would have 500/0 then it would slide to 400/0 and then it would slide to 300/0 and that would be the three groups that I would have for my contract and what I'm asking for is an increase in the slide point, from 50 to 40 and 40 to 30. Rountree: And can you give me a rough estimate? You indicated that your help is going to cost you $30 an hour. In your business and your bottom line, what are your increase in cost of doing business over the last ten years? Do you have a figure on that? Hoover: One year I paid out $12,000 to somebody to help me. You know every year it fluctuates. I've gone through three new pickups since I've been here. You know, .32 cents a mile, I'd write 20 some thousand miles a year so that's what the government rate says it costs you. Other than that, I don't have a lot of expenses. Corrie: Any other questions from Lynd? I guess not Lynd. You must have made your case. It sounds like it. Rod? Medley: Well I've been here just half as long as Lynd. I started in January 1, 1994 and on my contract I have five different percentages Mr. Rountree, and that's what I want to do is eliminate the last one which is 300/0 which would make my bottom line 400/0. The reason my contract was structured in the way it is, is my permits are not quite as much as the plumbing and electrical and of course not near as much as the building permits are, but five years ago when I started our city limits were a lot closer to the center of town than they are now. My truck expenses have increased about 20% because of mileage and of course higher expenses as far as vehicles is concerned period. I have the same situation as Lynd does. If we get any busier than we are right now, pretty soon I'm going to have to start looking at hiring at least one guy part time because I just can't stay up with it. I can't satisfy our customers and that's one of my concerns. Where we pay all of our own benefits if you want to call them that every year my insurance continues to go up. My liability insurance went up this year more than I had anticipated. And so if I eliminate the 300/0 and end my rate at 40, it's going to increase my yearly income between three and four thousand dollars depending on our volume of course, and if I do that then I think I can justify and at least maintain where I have been for the last five years as far as my general expenses are concerned. Rountree: This hasn't anything to do with what you just told me, but I'm curious as to the availability of help. I guess in both of your cases, are there folks out there that you ( Meridian City Council March 2, 1999 Page 25 can hire readily? Do they have to be licensed? Can you do it as an apprenticeship? What's the situation? Medley: Well what I have done in the past Mr. Rountree is hired retired people like to fill in when I'm on vacation. What I mean by that I mean retired mechanical people. To go out and hire a person off the street Lynd can't do that because he's restricted by codes as far as journeymen are concerned. We don't have any I'm sure you're aware of we don't have any journeymen requirements in this state, but I want to maintain some good service, so I wouldn't want to hire somebody off the street to do the inspections for us. Rountree: Thank you. Just part of my education. Corrie: Any other questions? Bird: I have none. Mr. Mayor I move that we enter into contract agreements with Lynd, Inc. and RIM), Inc. with the changes as shown on their proposals for the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree to enter into a contract with the changes proposed to Council for the Mayor to sign and the Clerk to attest. Bird: Mr. Mayor that is retroactive to October 1st. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Gigray: Mr. Mayor and members of the Council, point of information. We will rewrite these agreement. We have to scan them in because we've changed computers as you know and I thought if we moved on this we could do them all at the same time. If that's agreeable. 2. TRANSPORTATION IMPROVEMENT PROGRAM. Smith: Thank you Mr. Mayor, thank you Council. The second item is the Transportation Improvement Program. At your last work session you discussed in fair amount of detail the two reports that were submitted to you. One from the Transportation Task Force Committee and one from the Mayor's Ad Hoc Transportation Committeea Bentley: On this sheet that we compiled off the board, we're short about three votes. Did we have three people not vote on five projects or did we just miss them in the tally? Meridian City Council March 2, 1999 Page 26 Bird: (inaudible) Rountree: How many votes are shown on the couplet? There should be three there. There's three that were left on the couplet. Bentley: Thank you. Rountree: When he compiled that, he took them off because the couplet was an issue that we were going to ask ACHD to provide us some updated information which we did last week, so that's where those three votes are. Bentley: Thank you. Then my question would be then we would have to figure out what we're going to do with the couplet. Rountree: By way of discussion tonight, we've got three options, one we drive a stake into it, two we can put it on the back burner, or three we can put it on a list of priorities and put a priority on it. Bentley: How do you like your steak? Rountree: I speak for myself, I did want to hear what ACHD was going to tell us about it. Apparently did have some discussion with the Ad Hoc Transportation Group about that particular option in terms of its feasibility and the timing that it might be necessary because they even include it as an alternative in their discussion, but kind of a last resort. So given that my personal feelings would be that we maintain it on a list but assign it no priority and that it be a long term project for considered solution once we get a better handle on what we've got in the way of improvements in the city. And again I'd like to hear what ACHD has to say about it. Bentley: My feeling is somewhat on the same I think with the opening of Franklin and the improvement on Meridian Road, I would prefer to put it on the back burner and see how some of these other projects if we can open things up and use it as a last resort. Anderson: I guess I walked away from the meeting on Friday with ACHD still leaving an empty void for me because I had specifically asked that we have a presentation from them and have them talk about that. That never happened. I would like to hear another presentation before we put this on the back burner and find out what we're talking about here. If Franklin Road widening the timing of the lights the new lights have been added, if they have made an impact, I would like to know what kind of an impact so that we can make a decision on this couplet issue one way or the other once and for all. So I don't want to just keep pushing it back. I'd like to get it resolved and the only way we can get it resolved is to get the most current information on it. Meridian City Council March 2, 1999 Page 27 Bird: I agree with Ron on that. I think we - it's been on the back burner for three years now. I think it's time we do need an updated study from them. Ron left there asking Terry to give us a new study. Once it comes out, I think we need to go forward with it and see what it is like, but I agree with Ron. I don't want to put it on the back burner. Bentley: We do have traffic counts from while the construction was under way and if we can get some traffic counts now that the roads are completed and open, I think we can get a good reflection off of where it's going. I know where it is when I come through here at a quarter to six at night compared to what it was when the roads were closed, but I think it would be a better view if we had those traffic counts. Corrie: So what I'm hearing is that you would like to have an update from the ACHD as soon as possible on the counting and that? Rountree: You know as far as an action, I think we need to take an action on the list as it's presented. I'm going to take a stab at a motion here that we approve the list as it's been summarized by City Clerk Berg and that we retain the couplet at the bottom of the list with an annotation that indicates a specific decision will follow a briefing from ACHD traffic engineering staff. I wish I could give you a date certain. I would like to make that decision tonight, but at it's earliest convenience per our request made February 26, 1999 of ACHD for that information. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the road projects 2/23/99 project with the decision to follow after the ACHD survey questions been answered to us. Any further discussion? Anderson: Could you explain that footnote on the couplet deal? What you're saying Charlie if I can understand this is we will assign no specific priority to it right now pending the outcome of the presentation by ACHD. Rountree: It stays on the list as unprioritized until we get an explanation from ACHD. Corrie: (Inaudible) Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 3. USTICK WATER RESERVOIR DRAIN LINE LICENSE AGREEMENT. (<- Meridian City Council March 2, 1999 Page 28 Smith: Thank you Mr. Mayor the third item is the Ustick Reservoir Drain Line License Agreement with Nampa Meridian Irrigation District. This is an overflow line from our reservoir and also bypass pumping line that will discharge into the Finch Subdrain. I petitioned irrigation district for approval to make that discharge and they agreed and responded with this license agreement that you have a copy of in your packet. Bentley: I have a question for Mr. Gigray. Have you had a chance to review this? Gigray: Mr. Mayor and members of the Council, Gary's office has provided me with a copy of this agreement and I reviewed it and it appears to be kind of in the standard format by which we craft license agreements with that district. The one thing that you will want to do and I want to make sure that we continue to do is to provide our carrier with copies of these agreements where we're entering into with Nampa Meridian or anyone else because there's certain indemnity provision in here with regards to our own operations and I want to make sure that our carrier's notified and we're covered for that activity. It does provide some protections in here and we tried to craft this in the Fothergill Agreement which is included in the Fothergill Agreement that there are no third party beneficiaries of this agreement so that someone else can't come in and claim that they're a benefit of this that if we're not doing something it can only Nampa Meridian that can enforce it. My only other comment is I'm going to rely totally on Gary and his staff to make sure and to tell you that this agreement allows them to do the things they need to do to accomplish their goals. Smith: It does, thank you. Bentley: I have nothing further. Corrie: Any further discussion from Council? I'll entertain a motion on the license agreement. Bird: Mr. Mayor I move that we enter into the Ustick Water Reservoir Drain Line License Agreement with Nampa Meridian Irrigation and for the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion made by Mr. Bird second by Mr. Anderson to approve the license agreement for the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Meridian City Council March 2, 1999 Page 29 4. ROARING SPRINGS WATER PARK SEWER AND WATER ASSESSMENT AGREEMENT. Smith: Thank you Mr. Mayor and Council members. The last item I have concerns the sewer and water assessments that were made by my office for the Roaring Springs Water Park. I submitted a memorandum to you dated February 25th explaining the rationale that I used or that we used in our department to calculate these assessments. It's my understanding that the developer is here this evening to contest the amount of money that has been assessed by my department for the sewer and the water. I guess primarily the water, because as I understand the water basins do not have a drain to our public sewer. Corrie: Gary, have you seen that letter? Smith: Yes, written by Roger Smith. Yes, I have. Bentley: Gary, these are the standard charges you normally - or use the same form you normally use on other ones? Smith: Yes. The only thing that was of question in my mind was the annual fill of the basins. When the facility starts up in the spring or early summer of each year, that's an unusual use because we haven't been faced with a similar business with a similar impact on our system. However as I understand it's a fairly significant impact. It's over a fairly short period of time. I don't know what the time period is. But I assume I know that it all happens within a month period of time. At least I'm assuming that's the case. The rest of the calculations are based on the monthly water use which figures have been provided to me by Pinnacle Engineering and (End of Tape) Smith: ... one of the things that we do on all commercial projects is that we ask the user to enter into a reassessment agreement with us, so that after a specified period of time, we can assess the water use as it actually occurs and make adjustments to the assessments that have been made up front. In that case, we either refund money to the user, or we invoice for additional funds. As I mentioned in my memorandum, it's not our intention to assess users for any more or any less water or sewer than they use. We want to be sure that we are as accurate as possible. So we pick on numbers to the best of our knowledge and the best knowledge of the applicant reflects what the use is going to be. We rely totally on the information that was supplied by the engineer, Pinnacle Engineers for the applicant, since we have zero experience for water parks, water use. Corrie: Any questions for Gary at this point? Meridian City Council March 2, 1999 Page 30 Bird: Gary, what do you-what are the developers, owners, what do you think their contention of over this? I've got another question, Pinnacle, they're maximum, their January 21 st letter certainly don't match up with the one that I just got today. I don't know how that changed so fast, but it did. Smith: In terms of the water use? Bird: Yeah. Smith: I don't recall the January letter, is it the gallons per day, recharge... Bird: Pools, rides, and all that, yeah, 50 gallons-another for cleaning and stuff. It's still at the 35 gallons, but it's just the (Inaudible), 35,000 I mean. 35 gallons, they wouldn't be here contesting it if it was 35 gallons. Smith: The assessments for the-they are referred to as connection charges, I refer to them as assessments because a connection charge is sometimes misunderstood as a physical activity and these are assessment charges based on the capacity of our system to provide the water that is required. The cost of the assessment is based on the dollar value of our system and the capacity of that system. It's not totally that simple, but it's basically that type of derivation to arrive at an assessment fee for an equivalent residential unit, which is the basis for our fees and calculating all the commercial assessments. As I explained, we don't-we use either the fixture unit demand, out of the Uniform Pluming Code, if we have fixtures to deal with, such as the restroom areas-I think there were two other buildings that had to do with vendors, proposed vendors. Or we use a gallons per month equivalent for actual water use. Bird: Gary, are these fees based on an ordinance that is in place? Smith: Yes, our ordinance obviously spells out the $704 for each equivalent residential unit and we do have a gallons per month basis in the ordinance for-to define a single family residence. I guess that kind of sums up my comments unless you have questions of me. Corrie: Stick around, I'm sure we will. Rountree: Gary, did you have an opportunity to do a quick and dirty assessment of our rates as it compares to like systems within the valley? Smith: I accomplished a little bit of that Councilman Rountree, just via telephone. The monthly water use fee or the fees used, assessed to the development during the month, on a monthly basis, my assistant engineer commented out of seven cities or water purveyors he has surveyed, we are number four out of seven. So we are right in the / l Meridian City Council March 2, 1999 Page 31 middle in terms of monthly rates. In terms of assessment fees for the capacity of the system, he said that we're-it's difficult to compare because everybody has a little different structure as to how the assessment fees are determined. It-he just related it to apples and oranges. Everybody isn't the same, so it's difficult to compare one to another. I don't have a good answer for you on the assessment, sorry. Rountree: (inaudible) never a good answer, but that's okay. Smith: I don't think that--we are competitive as far as what we are charging for the assessment. Rountree: Okay, my recollection when this was before council, you expressed a considerable concern that whether or not we had capacity to even move forward with this project and apparently that question has been answered, but it did put some stress on our system on that particular location. My recall being subject to senior moments, more and more every year, I don't recall if there was any discussion at that point and time about the possibility of providing a well, or a well lot, nor if there was any discussion about the possibility of these folks providing their-a portion of their water on their own site with a well, so do you recall any of that discussion going on? Smith: No I don't. Rountree: I sure don't. Smith: I recall a discussion of my concerns about the ability of us, of our well to provide water for this use, based on the conditions of our water rights at well #14. Which I did research and found that their was no restriction for this type of use, such as we are having attached to our water rights on more previous drilled wells. The rate at which the water is to be used, has increased significantly from earlier discussions, in terms of gallons per minute. The conversations that we have had with the developers engineer, we've relied upon the timing of the filling of the basins. Initially is was going to be one basin every week, in terms of about 500,000 gallons each. I understand now that the volume is somewhere around 1.2 million and it's going to be over a much shorter period of time. So the initial fill of the structures is going to be increased form what we thought around 80 gallons a minute, to somewhere in the 140 gallons a minute. As I mentioned, at the time of the hearings, our responsibility as a water purveyor is to the drinking water of our residents. That's our initial responsibility and I made that clear during the public hearings, so that the record was clear on that. Not in opposition to this project, but I wanted everybody to understand that that is where our responsibility lays. In terms of how much we assess for this water use, then that becomes the question that is before you this evening. Rountree: That was never a question? Meridian City Council March 2, 1999 Page 32 Smith: I don't recall that anyone ever asked what that number was. I know that we discussed a little bit about what the water use fee is, the monthly fee and I think in the memo that I gave you earlier that's a pretty minor number compared to the assessments. Rountree: Thank you. Corrie: Anything else? Okay Gary, thank you. Who wants to be first? ROGER SMITH. R. Smith: I'm working with the developers as their engineer and I've spoke with Gary today about just questions in general on how the assessment was determined and had a chance to look at his memo to you folks. The items that we're hoping to get out, I think one thing that I would like to discuss that I haven't brought to Gary's attention is we're-our assessment for the daily operation to make up water that we need to recover water that has evaporated or taken out by people in the pools, is during a time period that it's mutually exclusive to the initial fill period. So we are getting an assessment for one rate, during the period of operation, during normal daily operation and then proceeding that period before the period of normal daily operation we also have an assessment for the initial fill that we will do on an recurring basis annually. So I think that there maybe some room at least for discussion with Gary about how that's done, I think that rate for filling is going to be very similar to the rate that we draw water on a continuing basis. So because those are over two different time periods, mutually exclusive time periods, it's sort of like a doubling effect on the fee I think and I would have to discuss that more with Gary, but it's one item to note I think and to discuss. I do think that that draw rate for initial filling of the pools is going to be very similar to the daily make up rate. So that's the fundamental points, so I think having a separate assessment for the initial fill is one issue that we can probably discuss and may have some room for negotiation on. The-another point that we brought up was that even though we do have a significant draw rate over the summer, that rate doesn't continue for the whole year, which is obviously different than an equivalent residence would be. So we are not pulling water for the whole year. The second point is that we are like a residence again, I think this development could probably be considered similar to essentially a 150 unit subdivision. You know, that would be I think a number that would generate something close to that 7,500 gallons a month rate for the total amount of water that we are going to draw. The thing that makes us different than what would be a typical subdivision is that we have a lot of control over the time period that we draw water. So we are willing to make concessions here or adjust the time that we draw water to minimize the impact on the system, which you know is obviously isn't something that you could do with a residence. So I think all we are looking for is if it's possible to adjust or somehow make an adjustment for a business that is using water in I ( Meridian City Council March 2, 1999 Page 33 a different way than the average residence and the basis for assessing the fee that might be a place where we can hopefully work out some adjustment in the rate structure. That's alii have. Bentley: What kind of purification-you have a purification system onboard? R. Smith: Yes we do. Bentley: And you have irrigation water on site? R. Smith: Yes we do. Bentley: Is that a usable quantity for refilling? R. Smith: The irrigation system is not designed to provide water at the rate that we need it for. Right now, Nampa Meridian Irrigation District has a well house for that subdivision, when it was originally designed, Nampa Meridian has a structure there that is designed to provide irrigation water for the entire 45 acres there. Boondocks and the remaining parcels around us. As it is designed right now, there is going to be some difficulty in water sharing and some cooperation required between the parcels to make sure that we don't overtax that system just for irrigation water so that's a separate issue. Then you know, if we want to pull more water from that ditch, there would be an additional irrigation right that we would obviously have to go after to obtain the ability to use that water. We would have to I'm sure design-that water is obviously not of the same quality as city water and there would be some additional at least design systems and purification systems that we would be require to have to make that work. Bentley: Have you thought about a private well? R. Smith: We did, the problem is the Snake River (Inaudible) process which has put a restriction on new wells for the purpose of providing water to a facility such as this. In talking with the state department water resources, a draw, a new well to draw water just as Gary's has eluded to on the city's wells, don't have rights for this kind of a system to pull water for that purpose. Bentley: Okay, thank you. R. Smith: You are welcome. Rountree: I guess a point that I would like to make is that the capacity-you need the capacity there to operate whether you prorate it over 12 months or operate.. . R. Smith: That is absolutely true. Meridian City Council March 2, 1999 Page 34 Rountree: So I don't necessarily buy into the argument, unless you are agreeable to take water prorated on what you would get on a monthly basis for 12 months, and then you wouldn't be able to operate either. As far as the other point that you raised about the potential doubling effect of the fill versus the daily makeup, that might be something that you want to explore with Gary, my initial thoughts on that-yeah there maybe something there. The other point that I would like to make is something I mentioned earlier is that the possibility of a lot to (Inaudible) on this site for the city to add to its city water system for consideration. I don't know if that is a possible operation, I don't know if it fits well with our grid for wells, but that might be something that you can approach the city with as well. I guess my point is that we want to make this work, but we also want to be consistent and we want to be fair with the people who have come to Meridian and the people who are going to come to Meridian. So, this particular request is one that I'm going to be particularly cautious with. R. Smith: I think the owners feel that they are certainly willing to pay their fair share and they understand that. We are just looking for a way and cooperation to figure out a way to reduce that total cost and the total number here of $165,000 with something that-we didn't know what that value was going to be and obviously it took some time and trying to sort it out to figure out what it was going to be because we are not (Inaudible) at the same time being an odd use, and being something different than everyone else, we think we might be able to make some adjustments where we are not treated like the average subdivision or the average house, or the equivalent average house, we might be able to work something out. Bentley: I would have to agree with Charlie, you know we have really got to be careful here and-but your statement that you are not like the average house, that's true, because I don't know very many houses when they flush the toilet there goes 35,000 gallons. So you know, we have to be careful of what we are doing, because we don't need to open a can of worms. I think too, like Charlie the feasibility of working with Gary on a couple of those items that maybe we can come to a reasonable solution that direction. Corrie: One of your contentions here is generation of-we figured $99,000 or close to $100,000 assessment and you have $27,000. There is quite a difference there, I think that is one of the... R. Smith: That was based on-the long and short of it, splitting that demand over a whole year and as Councilman Rountree eluded to, obviously we don't make that demand over the whole year. We don't-we are not able to make our water draw over that period, if we could, or if we could store it up, we would probably consider that an option. It's not realistic obviously to look at us as being able to pull that water over the whole year period, but at the same time we are not withdrawing water when the rest of ( Meridian City Council March 2, 1999 Page 35 the city is drawing water. At least we can avoid, (Inaudible) when drawing water. So hopefully there is at least some counter balancing obviously not entirely cause out of the city's storage of water and obviously we are drawing it the worst demand period when there is over the summer time, so we acknowledge that. Bentley: I'll tell you what I think if you get a hold of Bureau of Rec. right now, they would let you have all the water you want. R. Smith: It would be nice if that would coincide. Bird: They would divert the Boise River up here right now. Corrie: Not quite ready for that one yet. Gigray: Mr. Mayor and members of the council, just a point of information. It would be my opinion and recommendation to the council and certainly listening to the case here is appropriate, it would be my opinion that if we are dealing with assessment fees and hookups to an existing system and those are all proprietary funds and fees and I think that the basis upon which those fees are set are established by ordinance. I don't think that you would have the leeway to grant any variance from your own ordinance requirements in order to protect the system without doing ordinance changes and it seems that maybe there is some issues that could be negotiated. I'm seeing there is some indication here that there may be. I think it would be helpful to the City Council if that negotiation process could be undertaken to see if there could be resolution of this issue. If not, I would recommend both to the Roaring Springs Representatives and to the public works department that if there is a dispute, that that dispute be defined in terms of whether it's a factual issue based on assumed facts by the proper applications of the ordinance so that it is clearly defined what the issue is and what the authority of the council would be to provide a remedy. I can work with the departments on the process, not to prejudice the developer in any way, but it's my recommendation, I think this is important that we establish a process by which you would resolve any ultimate dispute and that that be well framed before you take it up. As you are well aware, you've passed a procedure policy and procedure-we could handle it as a motion possibly where we would address those issues head on, and have them well defined ahead of time so we know what our-what your leeway is. I don't know that we have that information at this point. Corrie: Gary, do you think that you could do this within a reasonable period of time, work with them--these figures and see where we are and what the difference are and convey back to the council by the next meeting? Smith: Yes, Mr. Mayor I can, you bet. I did want to clarify one thing, just for your information, I did not assess anything for the initial fill. That was not included. There is Meridian City Council March 2, 1999 Page 36 the annual fill, which amounts to ~ of a million gallons, was part of the assessment, but the initial fill was not assessed other than water use fee. I would be happy to work with Bill Gigray on this as far as the process is concerned and get that set forth and I would be happy to have that answer back to you by your next council meeting. We can include, I don't know if I can work with Mr. Gigray, can I work with the engineer for the developer as part of this or... Gigray: Mr. Smith, I think that certainly this is an operational issue that you as the department head should work with them directly on this. I'm just saying if you get to (Inaudible), in terms of what your position and recommendation as a department head enforcing the ordinances and their position as we will not accept that, then what we have to do, I think, is define what the issue is if that dispute exists and then we have to look at our ordinances to see where it fits in there, so that we process a protest properly, but we also, I can recommend to the council where it's authority is and where it isn't, cause I would say that my advice at this point is that the council should not violate it's own ordinances. This is a strict application of the ordinance. There is no discretion, they shouldn't enforce it. Smith: Okay, thank you. Corrie: Do you guys have anything that you want to add to this? I better request to ask Shari Stiles to address a couple of issues, since you are here, might as well be aware of some of the issues. So Shari? Stiles: I would just like to briefly since the owners are here, let you know some of the problems that we are having. WE realize we have a very aggressive schedule and you've got deadlines to meet. However, I have some mechanical-mechanical building plan in my office right now that is not being processed and the reason for that is because the plan does not comply with the conditions of the conditional use permit. There is zero landscaping between that building and the freeway and you know, I can't just unilaterally say well you don't have to do anything then, because there is a sewer easement there. Gary doesn't want any trees or any large shrubs within that easement, but there is not even grass shown there, it's ten feet of dirt and ten feet of paving, and then a block building. It's going to be very unattractive from the-you know this is an entrance corridor into the City of Meridian and if that building-if what has happened in the past, and buildings starts happening before a building permit is issued, there is going to be problems, because we need to have some kind of screening there, some kind of landscaping. I don't think it's impossible, but if somebody is out there pouring footings, before building permits are even processed, then we are going to come into problems. I jut wanted to let you know it's been a very difficult project to work on, because it seems like we are shifted from the architect, to the landscape architect, to the engineer, nobody has an answer, it's always somebody else's problem. So you know, we are trying to work with you, we are anxious to get you open too, but we would (:- Meridian City Council March 2, 1999 Page 37 like some response when we ask for information. As I've told all of your consultants, the requirements of the conditional use permit are requirements, they are not suggestions. If you want to make a change, or there needs to be a change, then somebody needs to talk to us and work it out. I just wanted to let you know that and if you could help me I would appreciate it. Corrie: I see your head shaking yes, but I need it on record. REED BOWEN. Bowen: I'm one of the developers of the park. First let me say just concerning this water issue, we are not in dispute with Gary. Gary is doing his job and one of the things that we are looking at though is Gary is doing his job out of a square box with a real round hole trying to go into that square box, and it's just not fitting. What we are asking is maybe we could re-evaluate how we are looking at businesses that fit in water parks or other heavy water use businesses or something along those lines and see if there is any concessions or changes that could be made to accommodate those. Especially where Meridian is a growing city, I know that we are trying to attract business here, we are trying to attract families here and we are all of the same mind set, but I would hope that one of the council's responsibility or feelings of their responsibility is to make the businesses that are here successful. In looking at the assessments that we've got from the municipalities both the city and county and utilities, we are now five percent over our total budget just from those assessment fees and that's before we start to pay taxes in the community. That's before we've brought in 113,000 to 150,000 additional visitors to the City of Meridian and the tax impact, and the sales tax issues and all those things that will go along with that for the state and city and the growth out in this area. So we are just asking that maybe you know, as there are in other areas in government, there are always exceptions to certain rules and we are asking that maybe we could look at this and see if there are some exceptions that can be made. Maybe not in the way that is calculated, but maybe in the way that the numbers are used for the calculations. One thing that we want to make real clear is that we have from the very start have been very willing to cooperate with Gary in using the water, we don't intend to take the city down beyond their capacity to take care of the pubic. We know that is top priority and I think that everything that we have described in our plans has demonstrated that and we ware more than willing to cooperate in any way to make sure that doesn't happen. That we have a very minimal impact on the city's water resources as we fill initially, then if we use water as the time goes on. I know it's tough in trying to calculate how much the assessments were. We did give Gary the numbers back in November and it's just been a process of trying to come up with an assessment number. It's kind of late in the game due to the quick time curve that we are on now. That's what we would ask of the city is that we get maybe an opportunity to re-Iook at the box as to how this is calculated. Shari concerning the building, one of the things that we have asked-right now to get into the back of, back to the ditch, to the well, for the irrigation district, and also for the Meridian City Council March 2, 1999 Page 38 City of Meridian to have access to a sewer mainline that they maintain down at the bottom of our property, which will be between two properties eventually, there needs to be some type of a road down there that gives access. Currently right now there is a field of weeds. What we are proposing is that we would make a road that is well maintained, graveled, without weeds, that would be the width of a truck to get down there. We do have a building down there, but like Shari, we are concerned about how that building looks. We have asked Clinton Yark (sic) our architect to come up with some kind of landscape design that we can actually incorporate into that building out of rocks and our theme of our park that would blend into what we are doing in the park, so that building rather than looking like a concrete building, now looks like part of our park and blends into the landscape. So we are concerned about that and hopefully when we get those drawings done, that will maybe suffice to what you need. Also remembering that as people are driving by on that freeway side, I don't know exactly- how wide is the road? Ten feet, we've only got ten feet of gravel there that we'll have on a road base, that will be kept weed free, completely clean and right behind that will be a beautiful landscaped water park. I really think that the gravel piece through there will not detract from the theme that Shari is trying to get and that is to have that gateway into Meridian a very beautiful and attractive first impression on peoples eyes as they drive by. So we are in agreement with you and we will do what we can to make sure that meets your satisfaction. Corrie: Okay Reed, I think that is going to be okay. I think you need to get together and make out those arrangements and I'm not going to hold you up because of negotiations here, so you can still work out there and just work with Shari and the people here and by the 16th of March, we will have a little more handle on it. DEPARTMENT REPORTS: CHIEF GORDON: POLICE BUILDING: Gordon: I recently attended a seminar in Portland on designing and constructing police facilities in preparation for new police building or a remodel of existing buildings. At that seminar, I met an architect out of the Portland area who was raised in Meridian and does business in Idaho with CHSQA. They do reciprocal work in both states. He came over here, made a dual trip to visit relatives and also requested to sit down and talk to myself and possibly a couple of Councilmen to discuss what we were looking at and possibly give us some ideas. Last week Councilman Bird and myself met with this architect Russ Hansen and after a long lengthy discussion and looking at the needs assessment that was done by ZGA for the city, he suggested that we look at a feasibility study to give the city some options on what to look at. Existing buildings, remodels, new structures and also the types of structures. One level versus multi story, give the city some kind of an option as far as expenses now and in the future. Councilman Bird and I both thought it would be a good opportunity now to maybe get the jump on something and at least get some options. With that... { r \ Meridian City Council March 2, 1999 Page 39 Bird: After talking to Russ, by the way Captain Bowman and Captain Musser were both involved too, which was very good. He had some good ideas. You know our plans being if and when we build a new city hall, we would move the police department down here, if you look at the assessment, space assessment and stuff that ZGA did, all we are doing is moving from a size 10 shoe to a size 11 shoe box. Once you remodel this to the police department, it would not be good for anything else. If we grow-I was amazed by the study that the parents brought in will be 90,000 in 2010, I don't think we will be quite that, but after talking to Russ and having done some work in some jail facilities, I realized they are a building of their own. Once you build it, that's all you are going to get out of it. It's like a fire station or something else, you are not going to sell it down the road for an office building or something like that, you know, because that's all it's for. I would like to see-it's not a real expensive item, Russ would do it on a need assessment for us, on whether we forego remodeling this, look into a new-he can do all this and he felt that 9,000 would be more than enough to cover his assessment. Chief and I had talked about it and I think it's something that we need to get ready so that when we do or need to move we are not waiting a year to get the assessment to find out what we need. That's all I'll say. Corrie: Comments, questions? Rountree: My only concern would be the shelf life of such an assessment. We don't know for sure, we haven't set a particular course of action on any of the city buildings at this point in time, we are looking at a city hall, and we have looked at space studies. We could jump right out and do this feasibility study and it could lay on the shelf with the other things that we've done, so to me it's a timing issue, it's not a needs issue. I agree with what you are saying, we do need to do it, but do we do it right now? I'm of the opinion that we probably ought not to. Probably we ought to do some more planning as to what we need to do in the city, once we have a course of action set that is one of the things we plot in that course of action. The feasibility of we'll have this, we will have the fire station, we will have the existing police department building. Is our course of action to sell them all? We need to know that, but to me it's a timing thing. It's not the fact that we don't need it, I think we do need to do it. I would prefer that we maybe defer until we know what we are going to do a little more with the other issues. That's my opinion. Anderson: I wouldn't disagree with Councilman Rountree, I just had a question on the actual building itself. Is there any merit to including jail space-can additional funding be available by housing prisoners and is there a need in the future to have jail space here in Meridian? Gordon: Mr. Mayor, Councilman Anderson, that's an extremely dirty word when you talk about a municipality having jail space. The plan was for four rooms of detention facilities. There is an extremely large amount of liability goes with jailor detention facilities and I really don't think that the city would even want to get close to something r \ Meridian City Council March 2, 1999 Page 40 like that. I know the marshals would look at us if we were-if we had a capacity level of 100 people or larger. Prior to working for Meridian, I was a Chief Deputy in Bingham County and I ran a jail. When you start housing other prisoners you don't get the best of the prisoners and usually the $18-25 a day that you receive is a fractal amount of what it actually cost to house those people. I don't think we even want to look at anything other than detention. Those would be less than 24 hour storage if you will, temporary. I'm sure Sheriff Kalem (sic) could really give you some eye openers as far as cost for prisoners and with the legalities now and the civil actions, that would-I wouldn't have enough people on my staff right now to take care of the jail. Anderson: Is the county going to be able to continue to house all those people? If we are talking about us being 75,000-80,000 here in 10-15 years, they are going to have to go somewhere. Gordon: Creative management is what we've been doing so far. Here again, we are getting down to who we lock up and who we don't lock up and that changes and there is a lot of things that they are looking at. The bracelets and the anklets and-I could give you a lot of off the wall things, but they will manage the county is required to take all the prisoners. They are still looking at the privatization of storage of prisoners. That facility I guess is still in the works. Where it's at I'm not really familiar with. I don't know. To back up a bit, if the council wanted to pursue looking at a facility to house people, it would be on a private basis. I could look into it. Boy, I don't have much hair now and I would have even less after running a jail again. (Inaudible) Gordon: So to kind of answer your question, I would really rather not, but I will if that is the direction of the council. Corrie: Does Bentley have any comments on it? Bird: I guess the feeling is that we probably better hang loose for-I would like to see the chief put it in his budget for next year whether we use it or not Charlie. Rountree: I don't have a problem with that, but what I would like to see is that it be down on paper so that we can keep it on a radar screen and we don't loose sight of it when we do get down to that stage. Make sure we don't forget to factor it in. Corrie: Have you been to Washington DC lately, that's all they've talked about, put it on the radar screen. Rountree: Get it on the radar screen, I've got a phone line. ( Meridian City Council March 2, 1999 Page 41 Gordon: This architect, one of the things that he wanted, he said that time was not really that much of an issue, because you could-once you had things figured out, you could go by the cost of living increase and the cost of the property. He was going by, him and Councilman Bird were speaking the same language and a lot of the times I didn't really fully understand. They were talking about the cost of dirty dirt and clean dirt, but they understood what they were talking about. Evidently those costs don't ever-the values don't change other than with the going market. That's what he said, you could do it now, or do it later, but it would still be a value to you so. I was just looking at getting a start on things. The idea was not to crowd the council on the new city hall and Councilman Bird and I talked about that. (I naudible) Gordon: Thank you gentlemen, that's alii had. Bird: Thank you Chief. DEPARTMENT REPORTS: GLENN BENTLEY: MERIDIAN OVERPASS: (Inaudible) Bentley: Tom Kuntz and I wound up speaking with Clair Bowman the other day. We were looking for some answers on mitigation funds to do some landscaping on the freeway. We stumbled on to the Meridian Road situation and he came up with a couple of ideas. We are all looking to get the bridges built and this needs to be restructured. It's a 31 year old bridge. In the course of the discussion we were asking what we could do to this if it was feasible to do, by feasible is what's the shelf life of this bridge going to be. Clair suggested that we approach ITD and have them do an engineering study and see if this bridge will last ten years. The purpose for that is we offer up some improvements that need to be made. One would be in order to access the water park and Boondocks, which is over here, this is Overland Road here. One would be to get a light crossing to get pedestrians through here and a pedestrian walkway on the west side of the bridge. Again, over here they have scheduled I think is it 2002 or 2003, Charlie, for this light in here? Rountree: Glenn I don't know what the timing is on that. Bentley: I've seen it on a sheet, but I can't remember the date to control the lights here. They are going to add the second left turn lane I believe this year down here. So we will have two left turn lanes from the west bound going on. I suggested that we need to improve this light at Overland Road so we've got-currently now we've got the five way on Overland road, but we only have the arrow turn for Meridian Road to access either direction. I also suggested that they take this on ramp going to Boise East bound and ( Meridian City Council March 2, 1999 Page 42 close it off and bend it up in such a way that we stop the left turners that are on the bridge. This is backing up the traffic the chief has police out there and are writing tickets constantly on it. Clair stated that there is a possibility of a project falling by the waste side and there maybe a half a million dollars available to lay toward this project. The whole scenario would be that if this bridge can take this project and last for ten year. If it last for ten years by engineering standards, then that will free up the money and free up this project-push that out enough that we may... (END OF TAPE) Bentley: ... the bridge (Inaudible) is taken care of. Along the way that may open up the Ten Mile Interchange. So what I need to know is what are your thoughts for this? Gary is proceeding with sending a letter to ITD to have their engineering study done on this bridge to see. It all centers around whether this bridge can be saved for ten years and then we won't request anything else beside this and the other portion we're talking about is the pavement from these on ramps to the light be replaced because it is all crumbling up. So if we put this project together like this and we get a ten year life span out of it, it may open the window to get the two overpasses built that we need. Anderson: How does that open that window because they don't have to rebuild this one? Is that what you are saying? Bentley: That's correct. This one is on the horizon to be totally ripped out and replaced. Anderson: Within ten years. Bentley: Yeah. Rountree: I think the need for fixing that interchange is not the longevity of that structure, that structure was designed to last for 60 years and it's not unusual for them to last a whole lot longer than their design life. The deck may wear out and probably has worn out, but that can be replaced. The issue is that it doesn't serve the capacity that is there now and whether or not it would need to be modified-in order to modify a bridge like that it's usually cost prohibited to try and modify. It's generally cheaper to just go in and pull it up and start over. I really don't know for sure that is a project that is being considered at this point. I know that it's something that is being looked at. Certainly not on the five year program... Bentley: No, it's not on the five. Rountree: It might be on the 20 year concept, our long range planning concept. I don't know that they need to do a study to tell you whether or not that bridge will last another ( ( Meridian City Council March 2, 1999 Page 43 ten years. The sufficiency rating on that bridge is probably quite high. Whether it will last capacity wise for another ten years is the real question. Bentley: That's a question that maybe they can help answer. We've got an immediate safety need there. Rountree: The potholes get any deeper it will last a long time, no one will be able to get through there. Bentley: The other problem that we've got, if they decide to take and pull this before either of those other crossing are built, or before Ten Mile is gone, then we've really got a choke problem over there on Eagle, with only one way to get across to the south side of the freeway. In Clair's eyes and I agreed with him that you know, if this is a doable deal it would save us and maybe help us get the other two bridges up on Linder and Locust. Rountree: I guess the other angle we can approach for the other two bridges, the same growth concept and the same planning concept as resulting in the 75 million dollar reconstruct to the Wye is applied to that section of the interstate. The whole thought process was there wouldn't be any growth south of the interstate, in the length of time that particular facility would serve, which interstate itself was designed for 20 years. It's going to be there forever, I really think the approach the city needs to take is through (Inaudible) is that we need those structures to accommodate the growth in our community and to tie our community together and play heavily on the concept of community cohesion. Bentley: I don't think there is an argument there with APA. I don't think there is an argument there with ACHD, but the whole point is you've got the dollar problem. If they are going to sit there and say are we going to give you two minor bridges or are we going to give you this major overhaul? My point is if they are looking at putting this up as a major project first, then like I said, we are down to one crossing. If we could delay it by doing this, because this bridge was up to have that pedestrian walkway added at one time, that money was taken away and the project was moved to-the money was moved to a different project. You know, but of course, at the time, there wasn't thought of Boondocks or the water park over there or the rest of the growth that is occurring on the west side there. Anderson: So my understanding of what you are saying though is that there was a half million dollars that may become available from another project. That half million is not enough to put an overpass on Locust Grove or Linder. We were just told the other day those are a million to two million dollar deals. Bentley: That's correct. Meridian City Council March 2, 1999 Page 44 Anderson: So if we did this cosmetic thing to this one, if the funding did become available to widen this and increase the capacity of it, then we would loose that? Bentley: Well, if the money doesn't get allocated to something else before the timeline runs out, then the money goes back. So what we are saying, this is a Band-Aid approach to this, but by doing this, and not having to take action on this now, that it could free up money that they were dedicating to this to help us get the other two in. Corrie: You aggressively pursue the two overpasses. Aggressively is my word. Bentley: So it's a thought, you know we can press and see if it goes anywhere and maybe get ACHD's ideas on whether they think, because I just briefly scan this with them. You were there, you know what I said. The key is to find out, the first step is to find out what the engineers have to say. If it's a doable deal, in that direction, then we can look at it with ACHD and see if ifs something that we want to pursue along with APA. Thafs basically all I've got on that, it's an idea that mayor may not work. Back to the original reason that we had Clair come over is Tom was looking at getting some landscaping done on this and I told him if this bridge is going to go, I really don't want to landscape it at this time, but I would want to start at Eagle. He wasn't aware that we have either a 900/0 or Booib federal match on doing those projects, so we are going to be looking at trying to get something put together next year on that. Rountree: Just a point to remember, if in fact you do get-or we get a project, in order to get a project, the city has to commit to maintenance. Bentley: Umm we know that. Rountree: Maintenance cost runs about 100ib of construction cost on an annual basis. Bird: 100ib of construction? Rountree: Cost the city about $200, the City of Boise about $200,000 a year to maintain the landscaping on the connector. Landscaping cost about $2,000,000 bucks. It's expensive. It has to be maintained to a certain standard or you put yourself into the position of having to pay the money back, City of Boise is doing that as well. So it's a big time commitment on the part of the city. Not to discourage you, but we need to know and recognize that. Bentley: I know. (Inaudible) ( ( Meridian City Council March 2, 1999 Page 45 Bentley: Look at grasses and not these huge heavy maintenance bushes and stuff like that. We're looking at grasses and trees. Rountree: Grasses are the most expensive you've got to maintain. Bird: Get some gravel. Bentley: I just don't like the tumble weeds, you know, and the story they told us several years ago is they just planted some new grass out there when there was a water shortage in the 70's and they said yeah, the grass only grows two inches a year, I said give me a bag. That's all I've got. Corrie: I think pursue that with ACHD and see what they are. Rountree: Yeah, if we can get a half of a million dollars from them, great. Corrie: Okay, so be it. Mr. Anderson? DEPARTMENT REPORTS: RON ANDERSON: SOIL TEST FOR FIRE STATION SITE: Anderson: On the fire station site, we've had some meetings with the architect and discussion has come up about hauling in some fill material to decrease the incline coming onto Franklin Road with the fire trucks. Before any fill can be hauled in there, we have a number of construction projects going on in the area where we may be able to come up with some fill material, we have to have a soils test done, so Paul from ZGA Architects got with Gary and got the name of a company that does that and we have a proposal from that company, Tericon to do the soils test that we need on that property out there. Rountree: Is that a structures test, compaction test? (I naudible) Smith: Mr. Mayor and council members, if the fill is going to be hauled in to support a future building, it would have to be engineer fill, so you are right, compaction tests will have to be run on it. It's going to have to be somewhat monitored. Rountree: This is as opposed to a site assessment for environmental reasons. So this is structural engineering. Smith: I assume that's what it is, I haven't seen the proposal, but... Meridian City Council March 2, 1999 Page 46 Anderson: So this proposal is in the amount from $5,200-5,500. So what I'm asking tonight is that we get a motion to have the mayor sign and the clerk to attest on this particular contract and proceed with this. Without that, it's going to delay the project. Bird: Is that a motion Ron? Mr. Anderson? Rountree: Before you make that a motion, I would like you to add to that that Gary Smith have an opportunity to review it before the mayor signs. Just to make sure. Bird: I have no problem with that. You've got a motion? Anderson: I would make a motion that we authorize the mayor to sign and the clerk to attest to enter into a contractual agreement with Tericon for soil testing for the property for the proposed fire station on Franklin Road, prior to the mayor signing, I would like this contract reviewed by Gary Smith, City Engineer. Bentley: Second. Anderson: And Bill Gigray, City Attorney for legalese. Bentley: You still get a second. Corrie: We have a motion made by Mr. Anderson, seconded by Mr. Bird. Any further discussion? Hearing none, all in favor say aye. MOTION CARRIED: All ayes. Bentley: Behind Home Depot they are moving that dirt back there, I don't know how much you need, or whether that is the kind you want or not, but they've been working on that huge pile out there, by the off ramp. I don't know whether they have a place for it or not. Anderson: I'll tell Paul and... Bentley: ... that's not too far from where you are at so. Anderson: We've got that office building on the corner of Franklin and Eagle. Corrie: There is a couple of things, hand outs for you to take a look at and see what you think later and we will discuss it. There is nothing else on the agenda, I'll take a motion to adjourn. Bird: I move that we adjourn. Meridian City Council March 2, 1999 Page 47 Rountree: Second. Corrie: Motion made by Mr. Bird, seconded by Mr. Rountree that we adjourn, all in favor say aye. MOTION CARRIED: All ayes. MEETING ADJOURNED AT 10:21 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: ~ ( ( MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16,1999 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 14A-2 REQUEST: GARY SMITH - INSPECTORS CONTRACTS FOR BUILDING, MECHANICAL, ELECTRICAL & PLUMBING AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: IDAHO POWER: ~b~ 1)v Jr1~ 4~Jf yOvf1 ~ r9J if ()11ff~ 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: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( w.d[ ~ Memo RECEIVED FEB 1 6 199~1 CITY OF lVIERIDLL\1'\I To: Mayor & Councit From: Gary D. Smith, PE CC: file Date: 02116/99 Re: Contrad Buifding lnspedors Here is a copy of each of the existing agreements with our .contract building inspectors" along with a spread sheet showing the -dollar v.alue "guts" of each agreement Our building inspector and elect.ncal inspector .are not requesting any changes to their existing contracts. Our m~chanical and plumbing inspector are requesting some changes. The electrical inspectors request is the most significant. These requested changes are shown on the spread sheet. I apologize for the delay in getting this infonnation to you. I had misplaced it in a file folder and finally found it over this past weekend. Hopefully you will have time to review this fOf tonight's Council meeting. If you havJ3 any -questions please -give.me :a .calL Regards, Gary ;bo-- From the desk of. . . Gary D. Smith, PE Meridian City Engineer Meridian Public Works Department 200 E. Cadton St., Suite 100 Meridian. Idaho 83642.2600 . Page 1 {2OB) 887-2211 Fax: (208) 887.1297 ( CITY OF MERIDIAN CONTRACT INSPECTORS BUILDING FY '98 Contract (no change requested) Inspector Percentage Permit Fee 50% First $30,000 40%) $30.000 to $50,000 300/0 $50,000 to $75,000 25% over $75,000 Negotiate fee for structure over $500,000 value. 850/0 of re-inspection fees. FY f98 Payment $217,893.37 FY '98 Permit Revenue $822,028.25 ELECTRICAL - Inspector Percentage 50% 50% 40% Percent Of Total Revenue 26.50/0 FY 198 Contract (no change requested) Permit Fee All Commercial Permits First $40,000 of Residential Permits Of Residential Permits Above $40.000 Percent Of FY '98 Permit Revenue Total Revenue $145,040.09 45.4% FY '98 Payment $65,840.63 MECHANICAL - FY 198 Contract (requested changes in italics) Inspector Percenffige Permit Fee 750/0 First $30,000 60% $30,000 to $45,000 500/0 $45,000 to $60.000 40%) $60,000 to $75,000 30% Over $75,000 40% Over $75,000 Proposed Change };;r:?:"::ff!J~t; Negotiate permit fee of $1,000 or more FY '98 Payment $57,698.31 FY '98 Permit Revenue $116,701.48 PLUMBING Inspector Percentage 500/0 40% 30% Percent Of Total Revenue 49.4% FY 198 Contract (requested changes in italics) Permit Fee First $50,000 $50,000 to $100,000 Over $100.000 FY f98 Payment $77,707.63 FY '98 Permit Revenue $208,093.42 )..:> ~~~:.:jt Proposed Changes 50% First $100,000 40% $100,000 to $200,000 30% Over $200,000 Calculate FY '98 wi Proposed Changes FY '98 Payment FY '98 Permit Revenue $92,428.00 $208,093.42 inspector contracts.xls Percent Of Total Revenue 37.30/0 Percent Of Total Revenue 44..4% 2/16/99 CONTRACT FOR SERVICES j 1- scVj - ~~ cJ- # ci~ VL~ v~~y [qQS THIS AGREEMENT, made the 1 st day of October, 499Y, between the City of Meridian, an Idaho municipal corporation, and WHITMAN & ASSOCIATES, INC., a licensed Building Inspector, located ;n Boise, Idaho. The City of Meridian, a municipal COrporation duly organized and existing under the general municipal lam of the State of Idaho, desires to retain the services of a Building Inspector to serve the City of Meridian. The City of Meridian has adopted the Uniform Building Code, published by the International Conference of Building Officials, for regulating the erection, construction, conversion, occupancy, equiping, use, height, area and maintenance of all buildings or structures in the City. The code provides for issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such Uniform Building Code and the Uniform Building Code Standards have been made a part of Title 7, of the Revised and Compiled Ordinances of the City of Meridian. The Building Inspector shall enforce all code regulations as specified in the aforementioned codes and any City Ordinance as they pertain to building matters. For and in consideration of the mutual promises contained herein, the parties agree as follovvs: 1. That Whitman & Associates, Inc., 284 Oakhurst Way, Boise, Idaho sh II k -Ik Building Official for the City of Meridian, Idaho; 2. The fee payable by the City of Meridian, Idaho, to Whitman & Associates Inc. shall be according to the value placed on the building permit and based upon the follo'Ning pay schedule: A. 50% of the permit fees for the first $30,000 in permit fees collected annually. 8. 40% of the permit fees between $30,000 to $50,000 in permit fees collected annually. C. 30% of the permit fees between $50,000 to $75,000 in permit fees collected annually. D. 25% of the permit fees over $75,000 in permit fees collected annually. /:> L I~r::! ~/ c/.... .r~ .c V"_ . l. .. ) :' ~. ,f ~ ~: :.~. MERU)iJ-:"i. CITY ENC-J~dFr:r ( 3. The permll fee for any structure of a value of $500,000 or more shall be negotiable between the City of Meridian and the Building Inspector. 4. 85% of reinspection fees collected. The Building Inspector is an independent contractor and not an employee of the City of Meridian and shall be responsible for all insurances, workman's compensation , taxes, and shall furnish certificates for each employee to the City of Meridian. I q q 3 The term of this contract shall be one year commencing on October 1, 4-99Tuntil October 1, 4-99tJ and shall continue from year to year until terminated as provided hereinafter. l qqq This agreement may be terminated by either party upon the giving of at least thirty (30) days notice of termination to the other party. Termination may be made without cause. APPROVED: approved by City Council 12 16 ~~ BER D. CORRIE MAYOR - CITY OF MERIDIAN D~ W'^-',.~ DAUNT WHITMAN PRESIDENT - WHITMAN & ASSOC. INC. ATTEST: ~or.; I F ~ ~ w-e-YUJJi -Iv ~~ ~rj- .. " - ~ r 1/ ~ ~ ~ ~ ~.f-unA PT-C~ .. 10 b-R- ~ ~ ~ dW-~~ ~ ~ ~ ;ut~~~. ~~. ~ CONTRACT FOR SERVICES ~J~ ~ ~ ~oft-~ ~~vvv-y ~ t q ~8 THIS AGREEMENT, made the 1 st day of October, ~, between the City of Meridian, an Idaho municipal corporation, and HAROLD'S ELECTRIC CO. INC., a licensed Electrical Inspector located in Meridian, Idaho. The City of Meridian, a municipal corporation duly organized and existing under the general municipal lavvs of the State of Idaho, desires to retain the services of an Electrical Inspector to serve the City of Meridian. The City of Meridian has adopted the National Electrical Code published by the National Fire Protection Association for regulating the installation of electrical in all building or structures in the City. The code provides for issuance of permits and collection of fees, therefore; each and all of the regulation, provisions, conditions and terms of such National Electrical Code and the National Electrical Code Standards have been made a part of Title 7, of the Revised and Compiled Ordinances of the City of Meridian. The Electrical Inspector shall enforce all code regulations as specified in the aforementioned codes and any City Ordinance as they pertain to electrical matters. For and in consideration of the mutual promises contained herein, the parties agree as follows: 1. That Harold's Electric Co. Inc., 39 East State, Meridian, Idaho shall be the Electrical Inspector for the City of Meridian, Idaho; 2. The fee payable by the City of Meridian, Idaho, to Harold's Electrical Co. Inc. for services rendered, shall be according to the value placed on the electrical permit, and based upon the following pay schedule: A. 50% of all commercial permit fees collected annually. 8. 50% of the residential permit fees for the first $40,000 in permit fees collected annually. C. 40% of the residential permit fees from $40,000 on up in permit fees collected annually. RECEIVED J.Afv? 2 '~.. ~ MERJDiAI't CITY ENGINEER ~ (. (, \ The Electrical mspector is an independent contractor and not an employee of the City of Meridian and shall be responsible for all insurances, workman's compensation, taxes, and shall furnish certificates for each employee of Harold's Electric Co. Inc. to the City of Meridian 1 q 18 The. term of this contract shall be one year commencing on October 1, 1=S9'1 until . October 1, ~ and shall continue from year to year until terminated as provided hereinafter. L ~ q q This agreement may be tenninated by either party upon the giving of at least thirty (30) days notice of termination to the other party. Termination may be made \\Iithout cause. APPROVED: -~ ERT D. CORRIE YOR - CITY OF MERIDIAN ATTEST: WILLIAM G. BE G, JR. 9- CITY CLERK - CITY OF MERIDIAN approved by City Council 12 16-98 N~/ d-r~ HAROLD HUDSON PRESIDENT - HAROLD'S ELECTRIC CO. INC. ",tUnltl1'I", ,\\\ ,...:r; ~" ",\ --( \.J' I", ,.....'O~ ~~ "r~ ~ ! ~. .~ "\ E ! ~ SEAL ~ \ 7~ #. f ,. ~ .V/... 1\' D " ~'-^ ~r lS~ ' ~~" ,- ~ ...: " ~ ~.,~ L'\l-,' ",. '" ," -', I) , \ \ ' , '1/ \\\ 11111111 fU1\\\ ( CONTRACT FOR SERVICES I q q 8 THIS AGREEMENT,made the 1 st day of October, ~, between the City of Meridian, an Idaho Municipal Corporation, and RIMI, Inc., a licensed Mechanical Inspector located in B€Hee, Idaho. Mer. J 'A~ The City of Meridian, a municipal corporation duly organized and existing under the general municipallavvs of the State of Idaho, desires to retain the services of a Mechanical Inspector to serve the City of Meridian. The City of Meridian has adopted the Uniform Mechanical Code, published by the International Conference of Building Officials, for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat-producing appliances in the City of Meridian. The code provides for issuance of permits and collection of fees therefore; each and all of the regulations, provisions, conditions and terms of such Uniform Mechanical Code and the Uniform Mechanical Code Standards have been made a part of Title 7, of the Revised and Compiled Ordinances of the City of Meridian. The Mechanical Inspector shall enforce all code regulations as specified in the aforementioned codes and any City Ordinance as they pertain to mechanical matters. For and in consideration of the mutual promises contained herein, the parties agree as follovvs: 41 q s. )pc~V\ ~j LI ~. 1. That RIMI, Inc., S-WO Sugar CrooJ~, Meridian, Idaho shall be the Mechanical Inspector for the City of Meridian, Idaho; 2. The .fee payable by the City of Meridian, Idaho, to RIMI Inc. shall be according to the value placed on the mechanical pennit, and based upon the follo'Ning pay schedule: A. 75% of the permit fees for the first $30,000 in permit fees collected annually. B~ 60010 of the permit fees between $30,000 to $45,000 in permit fees collected annually. C. 500;6 of the permit fees bet\.veen $45,000 to $60,000 in permit fees collected annually. D. 400~ of the permit fees between $60,000 to $75,000 in permit fees collected annually. RECEIVED i;" :\1 oJ 1""0/ ::. ~ < 5 :J; ~.t !. _ I ~ - - - MERlOl A ~ CITY ENGINEER ( f2.v.d WlW\~ ~ / .CAL~ Jo 4 0 elf) over $75,000 In permit fees 3. Any permit fee of $1000.00 of more the fee to RIMI Inc. shall be negotiable bef:\Neen the City of Meridian and RIMllnc. The Mechanical Inspector is an independent contractor and not an employee of the City of Meridian and shall be responsible for all insurances, workman's compensation, taxes, and shall furnish certificates for each employee to the City of Meridian. lq~~ The term of this agre~ment shall be one (1) year commencing on October 1, 4-99r- until October 1, 1emrand shall continue from year to year until terminated as provided hereinafter. I q ~ q This agreement may be terminated by either party upon the giving of at least thirty (30) days notice of termination to the other party. Termination may be made without cause. APPROVED: BERT D. CORRIE MAYOR - CITY OF MERIDIAN ~ approved by City Council 12 16 98 (- CONTRACT FOR SERVICES lf18 THIS AGREEMENT, made this 1 st day of October,499-7, betw'een the City of Meridian, an Idaho municipal corporation, and L YND. INC., a licensed Plumbing Inspector located in Meridian, Idaho. The City of Meridian, a municipal corporation duly organized and existing under the general municipal laws of the State of Idaho, desires to retain the services of a Plumbing Inspector to serve the City of Meridian. The City of Meridian has adopted the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, for regulating the plumbing of all buifding or structures in the City. The code provides for issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such Uniform Plumbing Code, and the Uniform Plumbing Code Standards have been made a part of Title 7, of the Revised and Compiled Ordinances of the City of Meridian. The Plumbing Inspector shall enforce all code regulations as specified in the aforementioned codes and any City Ordinance as they pertain to plumbing matters. For and in consideration of the mutual promises contained herein, the parties agree as folloYJS: 3 41-() ~ Ut.. Cv.Lk 1. That Lynd, Inc. 13~ 0 C. -4tM Street, Meridian, Idaho, shall be the Plumbing Inspector for the City of Meridian, Idaho; 2. The fee payable by the City of Meridian, Idaho, to Lynd, Inc., shall be according to the value placed on the plumbing permit and based upon the follOwing pay schedule: Lqnd l4- a, ~ ~ A. 50% of the permit fees for the first€~O~ p;nnit fees C.f~ ~ collected annually. "to t (){)/ CIllO · 8. 40% of the permit fees betvlee~in ~V1~ ~ ~ permit fees collected annually. ----- I ...Li. . ~ 'fO c)ttv'vL r 7 V\II.4-' C. 30% of the permit fees ov $100,000 permit fees .fu iO(},(I1)O 10 _ collected annually. 1- (}(}) {l1fD . ty t1 tt. l4.- M-~ fa Ut~~L ~ /1J f UO t7/lJ .. I RECEI t"J.r:lJ t It l~ ? '"; J..r~ .... (.. MERJf); D, t'.. CITY ENGINFFi. (' - { r 3. Upon pei.....( reconciliation, if the number of fixtures was under reported then the the Inspector shall receive 50% of the fees due up to a limit of 5 additional fixtures. Any amount beyond 5 shall be negotiated by the Inspector and the Mayor. The Plumbing Inspector is an independent contractor and not an employee of the City of Meridian and shall be responsible for all insurances, 'NOrkman's compensation, taxes, and shall furnish certificates for each employee to the City of Meridian. /qq~ The tenn of this agreement shall be one year commencing on October 1, ~, until October 1, ~and shall continue from year to year until terminated as provided hereinafter. l q q, 1 This agreement may be terminated by either party upon the giving of at least thirty (30) days notice of termination to the other party. Termination may be made 'Nithout cause. APPROVED: ERT D. CORRIE YOR - CITY OF MERIDIAN ATTEST: approved by City Council 12 1G 9S -,; ~;?~ L YND HOOVER. PRESIDENT - L YND, INC. ( MERIDIAN CITY COUNCIL MEETING: APPLICANT: DEPARTMENT REPORTS REQUEST: TRANSPORTATION IMPROVEMENT PROGRAM MARCH 2, 1999 AGENDA ITEM NUMBER: 10B2 AGENCY COMMENTS CITY CLERK: SEE ATTACHED INFORMATION CITY ENGINEER: MERIDIAN SCHOOL DISTRICT: ;2/ ( { q q --- w/J1t&ftJY:- W~.. I MrJ.;tkk:~~fay .. .~ .:t:;kVk .~ ,T~f~J--rjlv!-- mcifon - .l:VW-eCtd~CYi1.dgPi.4iQ'h. JTyY dt.\LIt11!Utf/~ .-fHmJ'/or/if;cuU.m.k clt~ ,J1;lMc.h~ ..... .' aIr. .I . . . () L ~ . . . ......XVVJlICYvl-..marltf,~.,.... ..u.,.. '~".. ....._.. .. _ .' ......... A1~.~.Wt-&VIbe.tt-!njeGt h~. .~VWI~ Jwo.. ~lJlJi~---tAh-Otlh1#1;If~/ . 71\1 . ~.iii .-cideJ:Utl..tiJmpyht Cl.-m -,.. .ctc~WvL - (rY.L~/~<,M4t.~_.~~. .. ~.tzO;:;tY:~~j; .. 1Jm#-j ~. ... . ....._.~-..la--~ ~.;;;~- i;= }H~" .-.. ~ . _ .;;,' ;. '.. ---0---" "-". . _._-j;u"~D-"_u_" . ---<-~- -. ~ ~-~_..~.~-~,~. ~ -.'< -'>-~~-'.-1J- _ _ - ...,'T........_....... ~ ..... -_ ......~ -_... ............ ~~ _ ~__............. ....-.......:... .L. ...... ~~ _.~_ - - ~ - - --~-_.,.,.,..~-~~-~......~~-<_.._---.......,"-_._'+<--~-....,..._.~._-~.~' - -;y=-' .~~-~--~...~ ~._- OTHER: - - - All _. <. - -_ Materials presented at pu blic meetings sna~l.i.'.~'~~-~~~-~<p+'.~~~..p._~" ..... ~.>.r:+ -,._,.. --...~+ --.>. -. . .._ -. - --_c~. ---.. :-. ~. .-~.-- -- ~---.,-.- r- ---- erry VI Irlt:: \....IIY VI IV'V"II\....UII. CENTRAL DISTRICT HEALTH: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGA liON: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: PLANNING ASSOCIATION 413 West Idaho Street. Suite 100. Boise, ID 83702-6064 MEMORANDUM '~N01 ~ Jt~O ~ J4J; i' ~J'p.~ e I t~J. -: r -:::J ~~o~.... 9 ~ :t> ();/' /" I 0", 8" 0 <~g "/ I ~~...,~ ~7t".~ ~ ~ FROM: Ada County Mayors and commiSSionlirti~~nts Clair M. Bowman, Executive Director~V ' January 28, 1999 TO: DATE: RE: Opportunity to Comment on the FY2000-2004 TransDortation Improvement Proaram Reauested Action Consider scheduling two review sessions for the FY2000-2004 Transportation Improvement Program. Background Each year the Idaho Transportation Department, in conjunction with metropolitan planning organizations and the Local Highway Technical Assistance Council, develops a calendar to highlight the benchmarks and deadlines to develop the annual State Transportation Improvement Program. Local governments agree to and are required to honor these deadlines when submitting their Transportation Improvement Program projects. The development and approval process for.Ada County's Transportation Improvement Program is driven by this schedule, by procedures prescribed by the Ada Planning Association Board over time, and by requirements of the Metropolitan Planning Rules. Given these multiple constraints and the daunting task of cramping an 18-month process into- a 12-month time frame, developing and adhering to a feasible calendar become matters of fine artistry. One of the procedures prescribed by the Ada Planning Association Board was an opportunity for local government decision-making bodies to have input in this process before the Ada Planning Association acts. To implement this prescription, the Ada Planning Association Board, on January 25, approved a schedule which allows two very narrow windows of opportunity for local governments to review projects, prepare formal comments for the Ada Planning Association Board, and provide guidance to Ada Planning Association Board members. The purpose of this memorandum is to provide as much advance warning as possible regarding when these windows of opportunity occur. In that way, I anticipate you might be able to schedule your council or commission work sessions to your advantage rather than mine.@ (208) 345-5274 · Fax (208) 345-5279 · www.planning.cog.id.us ( Status The first opportunity to comment begins on February 23 and ends with the March 15 Ada Planning Association Board meeting. You will be provided on February 23 with as many copies. as you desire of a complete list of preliminary Transportation Improvement Program candidate projects. Ada Planning Association Board members will be asked on March 15 to review this list and give formal guidance to Ada Planning Association staff regarding project priorities. The second opportunity to comment begins on July 27 and ends with the August 16 Ada Planning Association Board meeting. You will be provided on July 27 with as many .copies as you desire of a draft Transportation Improvement Program. This document will incorporate the March 15 guidance and ensuing negotiations with funding agencies, specifically identifying projects proposed for construction anywhere in Ada County during the FY200Q-2004 time period. Again, Ada Planning Association Board members will be asked on August 16 to adopt and submit a final Transportation Improvement Program to the Idaho Transportation Department. Ada Planning Association staff will be available at your request to review these documents with your council or commission. Ali Bonakdar will contact you within the next few days to see if you wish to have this on your agenda and, if so, whether you would like to have Ada Planning Association staff in attendance. If you have any additional needs or questions, please contact Erv Clen, AIi Bonakdar or myself at your earliest convenience. I trust that this advance notification will help meet the Ada Planning Association Board's objective to incorporate thorough local government reviews in this adoption process at points where they can "make a difference." pc: Ada Planning Association Board Will Berg, City of Meridian Ali Bonakdar, Ada Planning Association Craig Eckles, City of Garden City John Embury, Star City Council Nancy Merrill, Eagle City Council Barbara Montgomery, City of Star Annette Mooney, City of Boise Laurale Neal, Kuna City Council Jerry Nyman, Ada County Highway District Erv Olen, Ada Planning Association Scott Phillips, Ada County Marjorie Pigg, Garden City Council Charles Rountree, Meridian City Council Jim Scherer, City of Kuna Sharon Smith, City of Eagle Carolyn Terteling, Boise City Council File 685.03/FY2000 TIP CB:CP\BOARD\CBMEMOS 2000TIP MEMO ;-" c Draft Findings for Road Projects 2-23-99 special projects I special funding I high priority 1-84 Interchange at Ten Mile Road Locust Grove Road Overpass over 1-84 Linder Road Overpass over 1-84 1-84 & Meridian Road Interchange Improvements 5 Locust Grove Road KB RA CR GB Be Fairview Ave4 to Franklin Road 5 Franklin Road CR KB RA GB Be E. 1 st St. to Locust Grove Road 4 Ten Mile Road CR RA Be GB Pine Ave. to Ustick Road 4 Overland Road KB CR Be GB Meridian Road to Locust Grove 2 Linder Road RA GB Franklin Road to Cherry Lane 1 Pine Avenue CR E. 1 st St to Nola Road 1 Ustick Road KB Ten Mile to Eagle Road E. 3rd St. Franklin Road to Pine Ave. Meridian Road Franklin Road to Cherry Lane Park & Ride Fixed Base Dedicated Left Turn on Overland Road East Bound at Eagle Road Turn Bay at E. 18t St. Left Turn Bay at Pine Ave. & Ten Mile Road Signal Light at Pine Ave. & Linder Road Intersection E.1 st St. & Meridian Couplet - needs to be re-studied or re-analyzed before decision made ( MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 1081 REQUEST: INSPECTORS CONTRACTS FOR MECHANICAL AND PLUMBING 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: US WEST: yY OIffrO ~~ \f- ar~ r ~(; ~o rl~~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( ( MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 10A4 REQUEST: PARKS AND RECREATION GOALS AND OBJECTIVES 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: 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. ( ( · Underlined items are included in current budget Priority #1 = 7-30 days #2 = 31 - 60 days #3 = 61-90 days GENERAL: A. To be cOl11pleted Spring/SUlllltler - 1999 · Complete a parks & recreation master plan. (#1- Tom) · Start the design phase of the 56-acre park. (#2. - Tom) · Address current staffing levels/ new hires. (#1- Tom, Denny, Eli) · Purchase new vehicles & equipment as budgeted. (#1. - Brad) · Re-key park facilities. (#1. - Brad) · Landscape on north curve. (1st Ave. and Cherry Ln) (#3. Denny) · Construction of Generations Plaza (#1- Spence) · Develop a tree memorial program. (#1- Rick) · Compile a list of Eagle Scout Projects. (project scope) (#1- Susie) B. To be cOll1pleted SUtnll1erjFall-1999 · Develop a signage plan for all parks. · Develop a plan to address future staffing levels, equipment, and vehicle needs. · Pursue Tree City USA status. (Include tree com.jOrdinance) · Participate in the reconstruction of the M.H.S. tennis courts · Review status of 5 mile path - Linder & Meridian · Pursue Civic Park Concept · Develop a revenue plan. (including gift brochure) c. Proposed projects for FY 99/00 · Develop a plan to address downtown tree well problem. · Remodel part of shop area at Bower St. for break/ staff room. · Develop a comprehensive publicity plan. · Develop a plan for The Farm. Park · Start design phase of new recreation center. ( (~,. \ STOREY PARK: A. To be cOlllpleted SpringlSultll11er -1999 · Replace sprinkler system around shop. (#3. - table until next mtg.) · Add infield soil and quick coupler to Cox softball field. (#2. Denny) · Address rain run-off from speedway. (#3. - Denny) · Replace fence along 1St and 3RD base lines of Legion Field. (#3) · Install outfield fence, fill and seed expanded outfield - Cox softball field. (#1. - Dennis) · Upgrade electrical outlets at shelter #1 and #2. ( #2. - Rick) · Move drinking water closer to shelter #1. (#2. - Rick) · Sandblast & paint shelter frames & exterior restrooms) (#3 - Rick) · Move 4 pear trees from 1st medium to Storey Park (#1- Dennis) B. To be cOlllpleted SununerfFall-1999 · Conversion of Well #8 for sprinkler system.. · Update Franklin strip sprinkler system.. · Replace broken asphalt curbing. · Better solution to playground irrigation box problem. · Relllove 3 Ash Trees - across street from well #8. · Start Planning Process to update playground Equipment. · Expand or rebuild dugout - Legion Field c. Proposed projects for FY 99/00 · Replace barb wire fence .(on east boundary of park) · Consider Adding a Shelter in the SE corner of the Park. TULLY PARK: A. To be cOlllpleted SpringlSultlIl1er -1999 (Brad - all itellls ) · Install playground equipment - including underlayment, benches, and concrete border. (Kiwanis) (#3.) · Complete shop area, replace plywood on outside of restroom. (#1) · Construct picnic shelter - Kiwanis (#3.) · Install trash can receptacles around park. (#1.) · Address lowering m.anhole cover. (#1.) · Build new picnic tables. (#3.) B. To be cODlpleted SUlllll1erfFall - 1999 . Build Dum.pster pen. . Build basketball court. · Add infield dirt and crown infields. · Add concrete slabs and bleachers at softball fields. · Address signage for park. · Move trees fro1ll56 acre site nursery C. Proposed projects for FY 99/00 · Purchase Inore picnic tables . Add scoreboards Chateau Park: A. To be cOlllpleted SpringlSutntner - 1999 Tile ditch with plastic pipe (#3. - Brad Watson) B. To be cODlpleted SutnlllerfFall - 1999 . Tile drain ditch. · Level ground, add underground sprinklers, and seed. C. Proposed projects for FY 99/00 · Address restroom and parking issues. ( ( 8TH STREET PARK: A. To be cOll1pleted SpringlSUtnlller - 1999 (Spence - all itelTIs) · Redesign playground & add new equipment including under- layment, benches, concrete border & pavers in front entrance. (#2) · Replace old sprinkler valves & revise system for playground. (#2) · Deliver neighborhood notices in regard to vandalism. (#2) B. To be cOll1pleted SUlllll1erfFall - 1999 · Build new restroOlTIs. · Address tree problems. C. Proposed projects for FY 99/00 PINE STREET SCHOOL: A. To be cotnpleted SpringlSultltner - 1999 · Weld merry-go-round so it will not spin. (liability) (#1. - Brad) · Check playground equipment and repair as necessary. (#1. -Brad) B. To be cotnpleted SUInlllerfFall -1999 · Check roof for leaks. · Consider re-Iandscaping of areas with large shrubs. BOWER ST. OFFICE: · Replace front door (2. - Sue) · Repave & stripe parking lot (2. - Eli) · Curbing and sprinklers around grass area ( MERIDIAN CITY COUNCIL MEETING: MARCH 21 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: lOA 1 REQUEST: AWARD BID - GENERATIONS PLAZA 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: ifU ~ 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. TO: Mayor Corrie and City Council Tom Kuntz ~I< REC E IVED FEB 2 6 1999 FROM: C.C. File City of i\leridian City Clerk Office DATE: 2/26/99 RE: Generations Plaza Bids On February 24, 1999 four bids were received and opened for construction of Generations Plaza. Attached is a letter from David Koga of The Land Group, Inc. that lists each company and their bid price. David's recommendation is to accept the low bid from The Guho Corporation. Your Parks and Recreation Department supports that recommendation and asks you to award the Generations Plaza contract to the Guho Corporation of Eagle, Idaho in the amount of $123,709.00 and authorize Mayor Corrie to sign and City Clerk Will Berg to attest the agreement. Thank-you, From The Desk Of............. Tom Kuntz 11 W Bower Meridian, 10 83642 (208) 888-3579 ( = THE LAND GROUr:, INC. Member of Landscape Architecture · Site Planning · Environ111ental Planning · GIS 128 S. Eagle Road · Eagle, Idaho 83616 · Phone (208) 939-4041 · Fax (208) 939-4445 ASLA February 25, 1999 Tom Kuntz City of Meridian Parks and Recreation Director 11 W. Bower St. Meridian, ID 83642 RECEIVLD FEB 2 5 1999 CITY OF MERIDIAN Dear Tom: We are excited to notify the City of Meridian a list of contractors bidding on the Generation Plaza Project. Our original cost estimate for the park was, One hundred thirty nine thousand, three hundred and forty nine dollars, ($139,349.00). Following is a list of contractors and their bid costs. Project: Bid Opening GENERATION PLAZA 2.24.99, 3:00 pm BIDDER Ellsworth Kincaid Guho Wright Brothers Beniton Construction Corporation Construction Proposed Properly X X X X Completed & Signed General Information X X X X Required of Bidders Bm AIVI0UNT $124, 774.00 $109, 38.i.OO $126, 750.uij $111, 649.00 ADD ALTERNATE #A $ 13, 402.00 $ 14, 328.00 $ 13, 655.00 $ 13, 231.00 TOTAL BID $138, 176.00 $123, 709.00 $140, 405.00 $124, 880.00 After reviewing the bids and the forms, we suggest to the City of Meridian to award the project to the apparent low bid, GOOo Corporation of Eagle, Idaho. ( CITY OF MERIDIAN GENERATIONS PLAZA NOTICE OF AWARD TO: Guho Corporation DA TED: March 4. 1999 391 W. State Street, Suite G Eagle, Idaho 83616 PROJECT DESCRIPTION: GENERATIONS PLAZA The OWNER has considered the Bid submitted by you for the above described Work in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your Bid has been accepted for (description): CoN~TRuc:nON of 1l11! GENERATION PLAZA . In the amount of : One Hundred, Twenty Three Thousand. Seven Hundred and Nine Dollars. Dollars ( $123,709.00 ). You are required to fully execute the Agreement and furnish the required Contractor's Performance bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of the notice to you, that is by March 14, 1999. If you fail to execute said Agreement and to furnish said bonds and certificates of insurance within ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the OWNER. OWNER: \H\'lHItlJrEST: \\\\ ~ UJ::"~ JIll ,,\,\. Vi .' ..~t:l1 I~, ~ " ~, ~ ~~ ~,:.. 0"~ ,;~..~ ~ .ifP <'0' -;.... d_ ~ By: L-L~f --= B~:. ~ ~ . = SEAL f7 Nam : ROBERT D. CORRIE ~ ~~, Na~' I~IAM G. BERG JR. Title: MAYOR ~"10 uSr 1$1t1 . ;.:..:{"' ~- CITY CLERK Approved by City Council: S -Z-'llf//J'~~:/?OUN''{1-P~~~~ eX- 6u (JIlL, ~c,;;e J--2-9CJ 241111 H 1 n ,,(~'f" -.. . -- i/ -7 MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT: AGENDA ITEM NUMBER: 9 REQUEST: WATER I SEWER I TRASH DELINQUENCIES 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: CENTRAL DISTRICT HEALTH: [y f'')V O/(f ADA COUNTY STREET NAME COMMITTEE: 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. 0\ ~~ ~~ ~a ~~ 00 ~~ ~~ u-~ z~ ~~ ~~ or-1 ~O ~oo. ~~ ~~ o ( oS cu ~ b .U....-4 r.n (1) ~ .... .~.~ (]J -'t:l ~ 5 Qj ro~;;"'~ ~~ o~...orJjao ~cor:n ~ .:dCd~:E(]JfZl OJ)~~~~~ .~ 0 M ~ 0 ~ ~ . ~ ~ ~ .s ~ ~ z ~ ~ s.C'--' (1) a) c...> 0 = ~ ~~ (]J- utE g ~(]J~-S8<U = ~ ~ 'G\$' 6- ~ c.s e 'E ~ .8 f'\ ...0 ~- ~ >- ~ o (]) ~.~ \JJ ..f-lO\"'Ct~o~ (]J~"'C S g~ ~~a=~~ o N4"\ 0 .....-4 ~ ~~Zl.>-~~ =o~-+-i6a ~~(]J~a~ ~~.g 6-~~ ,,~d 8 ~~ on "='- 0 ~ ~ f'\ .8 rn ~ tU 0 ~ ~ (],)- Q.) 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V T""'" co 0 ~ N u: r-- N <0 1.0 0 r- C\I a) 0 l.() 0 v Z ~ ~ C\I M N C") ('I) v N ("I) ("I) (i') ("I) ~ L.... ::J: '- '- Q) Q) Q) ~ ..a .... '- ..c ..c ~ E z Q) E E CO +J ...c :J ..c en Q) 0 0 Q) Q) :J '- 0 ~ Q) >, :J a :E +-' > 0 C ..0 '-- ~c c Cl 0 0 (I) m Q) ct1 ~ ::::s :J ~ Q) 0 z 0 -, u... ~ 2 J ...., (f) (' l MERIDIAN CITY COUNCIL MEETING: /rl~'L 2/ IC/tfq APPLICANT: - /2~ ~.r~ AGENDA ITEM NUMBER: REQUEST: _ ~ . ?:e J -f . ~. ;=i}- -rZ . r:[ rafi~ ch ~te-- /0.-5-1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: Jj./ .~~ ~f' NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ('- MERIDIAN CITY COUNCIL MEETING: ;nM.-cA 2-/ /CfCj9 APPLICANT: _ 61-enn 13-e h.__-f/e 0/ \.../ AGENDA ITEM NUMBER: 11/-$ -I REQUEST: !:h----Ic~d~ t77'l.-1n..eAld/~ /?t7av{,. <7 ~ Cv<<-gl- /~rov~ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING OEPT: 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: ( MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 1 DCl REQUEST: POLICE BUILDING AGENCY COMMENTS CITY CLERK: NO INFORMATION SUBMITTED 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: NAMPA MERIDIAN IRRIGATION: r~~~ - ur Sf) JJ~ ~$ fJytoJV (jP- L o~rJ-- tK (J rr ~r ~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SElTLERS 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: MARCH 2, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 1084 REQUEST: ROARING SPRINGS WATER PARK SEWER AND WATER ASSESSMENT AGREEMENT AGENCY COMMENTS CITY CLERK: SEE ATTACHED AGREEMENT CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CENTRAL DISTRICT HEALTH: '\ IAl f-j '1/) }:J' ~ (""l j/Jf/vJ .~ PU ~~~ 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: 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. ( ( Date: February 25, 1999 To: MAYOR & COUNCIL Jj~o' ,c-~b ~!'p, OJ'~O <$ ~.() O~~~O ~99 ~~~ ~~7"()~ ~ Interoffice Memo file 1/1 A Frum: GARY D. SMITH, PE /;;fJ-- RE: Roaring Springs Water Park - Sewer & Water Assessment Cc: Attached is a copy of the calculations used to determine the assessment costs for water and sewer 5elVice to this project. The calculations for the buildings are based on the fixture demand values from the Unifonn Plumbing Code (UPC), as adopted by Meridian City Council. I have previously detennined that a typical Meridian single family residence has a fixture unit demand of 21. I have used this single family residence as the basis for detelIDining water and sewer assessments for commercial businesses and have referred to this base as an "Equivalent Residential Unit" (ERU). When water use values are available, we use them to determine the assessment. I feel that history of water use gives us the best basis for determining the assessment. OUf water use records show that in Meridian a typical single family residence will use 7500 gallons per month during the winter months. We have therefore used this number as a base and have also referred to it as an "Equivalent Residential Unit" (ERU). As you can see, there are two basis' that we use to determine the sewer and water assessment. Without water use history for a particular user we rely on the UPC fixture unit demand. If water use history is available we use it as being the most accurate representation of what we can expect. Using either or a combination of the above methoos, we always enter into a "Reassessment Agreementn with each commercial user so that we can review what their actual water use is over a specified period of time (usually 12-18 months). At the end of the designated time period we erther invoice them for additional assessment fees or we refund any overcharge. Our mission is to assess each business for their impact on our water and sewer system, no more. no less. For this particular project we used a combination of fixture unit demand values for the buildings and water use records for the water basins. The information for basin water use is as provided by the developers engineer, via letter (copy attached). I am available to answer any questions you may have. I understand that this assessment issue for the Roaring Waters facility will be on your City Council agenda for March 2, 1999. Regards, Gary 1 CITY OF MERIDIAN ( ~~:rJ:-~~~ ~-:---- ;m~:t=-~:~;~~~!':. _: =i::~E_~: 1 :- _.~_:_:: _ -.-: m:_:_ _~_u : -- ,in:: ::___ ~__.:: -:_:- -t--!--t-i- - --I--t---'I--+- i;~=T~~;~-~ ---r-j-- f-- t-:n- ;- '~ -- ,--__1_: ! i -,..: : I I I ;!;: I 'i i:! !,,; t --r--+--!T-~-+--- +-j---1-- --,--L- __om -~--- -!-----L-Ti -+ lb Il~~-t-- ---1---:-----1- LL- -- !t-'-+1' -- ! ;, ~s.L 11 i 1_;-I,__j '--'-j--~ I r- I ~.~-~H--"'--r---T," -~- r I I r- .~b( I vtia.\n5 ! : ~j ! -L JI 1-+- ~--I I--~- --li- ---~-- i-- ~++T---- JI. . : -,--1'-----1-- no -L +--i--- : e--r--- ,-t--'-T-I--+---j-- ---r --T---r-- -t-H- .. .-.... -.... : ... -- - --r-;--" r--t--- T- --;---1- ~J~LJ --t =:t~-1-~~rl~--=-r~~l=I-I= ~-~-t=-I=, II _ : ---!--T~:[-l--nT:~-_l~~=:=~~'--e___--- VrL - j,", .1" I 'T'"..., ~;. i! !:. ! i I!;", ~ i E f\J U~ r.J -1 1.-"1 i' ',' i ,I , , i ";; ! - to . ...... ~ .' 0 -~.....- -~ ! : I j I ^ll ~ I I ] ~ g I [I i J ----J-, -.L--J.-L- .ul.ldf,\.u~-L_ ---ri~---Lqj---- ~LJ.,' -.l. i , _.... i I i I ~ lld05_' I ! tel I i I I - t _ ' : j ~=-;~=r-l~f ~~~~t- ~:l=i:~:rr== =i=F=, I ___n' : i::~r---I J I i I I 1 : 1 I r ! j :! i ILJ~;t~ -7 -=:-I-r .i - -r--- --t--+-I.: - -1-- -l-- -1'--- .- ~[,.:,! j:;,,'."> '1;.1 c: ~lr -": !~ .-: ! --~=-===l,; _~;II--~_ c: -~J,..:T .: ' v.:164i# t..A r<~..i · i i: i i i: 'F \ x.. 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'.'; I f' ~..-~, -~...Anb~~~u ':: -i~~:'9~~'3:'-'''.LlS1.~~L~'1/~~~--3-Lf~-~-J~,----.. ..~ I . ..j... . :...J.._ m,.; . ~~us ~ . C!J, . 4c:lWJ..-. 11. ~31 9 -34>- i .": --! .. _ :.. .-1.': ~_ - ~ i... .. I . . . : ./ .. . ' . 1--: - - V14. a.l 'f IM.C4.IL~ up; 35,600 j'cJ L X 3(0 ~ da..Y5 -:- 12.. ~n-4n~ = ,~ 04> ~ 58 3 '3 ~ <<, / fY1 ..,.: - . . - ..LIA-~~B3~~/1Y10~:. 7S00jdlE::t?:u.=. 144. ~'SQ:> . · I Lt-2. e R.LJ ~ X. "$ IO,+-. 00 I e-eu. -=--" 9 q I <=\(08. ( CITY OF MERIDIAN I -=JOTAL 'A"::>$~SS"-1ENT5-; . '. - s- - .-t-''-T .,.-._- "' vJ A-~' = 7/04-0. t"" + .~3J q 3t- - + f '49 J q (p 8. - ~E\U~:: 'lIll, ~'80.- > SetA:a2..LA-~ , 11 1.01 Dt.ol. ~ W 1\---re-J;2. r-tElEIZ. TonlL ~ 1P l3C>, g LfLJ-~ --- = - if .2.~1 4Lt I. - - - ':I' - 4, 720.. - -'--CSTA L -r- Designed By --;:;;,." ~ f1t Checked By C '4~bL<- Sheet ~ Date Dale I.;!.. r7 of ~ Description ASSESSMENT AGREEMENI LOT 28, BLOCK 1, INTERST ATE CENTER 400 WEST OVERLAND ROAD This Agreement made and entered into this 29th day of January, 1999, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter referred to as CITY, and ROARING SPRINGS WATER P~ hereafter referred to as APPLICANT, their heirs, successors, assigns and personal representative. WIlNESSETH: WHEREAS, The following assessments are calculated by the City based upon information supplied to the City by the Applicant and/or historical information on record for a similar facility and/or established in the City's Ordinances for the proposed type offacility. Sewer (ERU) Sewer Assessment per (ERU) Sewer Assessment Total Sewer Latecomers Fee per (ERU) Latecomers Fee Total 11 (ELEVEN) $1,580.00 $17,380.00 $551.00 $6,061.00 Water (ERU) Domestic / Landscaping Water Assessment per (ERU) Water Assessment Total Water Latecomers Fee per (ERU) Water Latecomers Fee Total 186 (ONE HUNDRED EIGHTY-SIX) $704.00 $130,944.00 N/A N/A * (ERU) Equivalent Residential Units NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and binding on the parties 2. Both parties to this agreement acknowledge that the above assessments were determined from the infonnation referenced in the first recitaL and not actual metered flows, and that the assessments for the proposed facility will be re-evaluated after a period of twelve (12) months of full service, final occupancy, to determine if adjustments are warranted. The City shall refund any overpayment of assessments resulting from the re-evaluation~ or the Applicant shall be responsible for, and shall pay within (10) days the shortage of payment resulting from the re-evaluation. ( PINNACLE ~ Enginee:r-s ~ Inc-. TO:' Gary Smith, P.E. Meridian Public Works Department 200 E. Carlton A venue, Suite 100 Meridi3;n, ID. ~3642 DATE: January 21, 1999 RE: ROARING SPRINGS WATER PARK ...; WATER DEMAND De~ Gary: The water park will have a maximiun capacity of 1,200,000 gallons in the pools, rides, and piping systems. In the process of winterizing the park, the pools will be ~wn down approximately six inches and the piping systems will be dramed: This remQves 200,000 gallons from the system which must be made up during startup for the following season. In addition to the replenishment volume, another 50,000 gallons will be- used in flushing, cleaning, and testing during the startup period. The average daily makeup volume ovez; an entire season of operation is expected to be 35,000 gallons. The pool engineer indicates that these are approximate numbers-that theyfeeJ will be representative of operation in this area. . ?9V Roger J. Smith) P.E. --.-- .-_.. . ._.",1"'~' .. ., ~r.. . ..... . tL. (~ J"'-: ~ - ..J.1 ~J 2 7 : CC: File #98767 \.~, C~I!.:eJ~20t:J1 pvtJ ,j/JJ-f"WJ- - Ph/-IJ f !/fh X :lt~3 ~,/_471.1J~ - ~1 F 1/ cO If...[ ~ 7 f va v 704 - " ;S3-4 hro. b 7 \ t ~.sr:St-Hj;d: /J/)t1HaJ, ; -- 2..; J{/I) If I \/13)0 IJrr'-/~ n-If\ho/;.)- J~covl1.!;l )( .:-~ -;-1S-OQ '(.$704-. ~ q9/12.c.t1/~ / ri i1 \/ I ~ I Fa ; K~_J=\ Ll... .t:t IS :- l:b~M-e'\~ bUll d/~ -_.~ftvZSl),CO09ct.l. ~/S60-=- 33.3~ O~ ~1{.E:I2.U~ !loLf. 7-. JlQ)3"Q3<P ~ / ~4 "i.(<.~ x. ~/7. OO(Lflr-7Ec.O~"') ~ q,LtI '8'.00 t)~. ,_ lll. C^~ vt-'otL.. -:, "1Cf.QIAf/?, r ~c>oD)c" 3(,5""'.\1--:.. 116V4/s~~. -: 1$00 - .2.r;...K; \ ,,, ('/ ~ ~ I 1-12. tJ'2.l.h >< p ~-n 00 ::. (Lc.) -::.." ~ 870 NORTH UNDER sum B · MERIDIAN. IDAHO 83642 . (ZOB) 887-776() . FAX (208' 887-nSl IAN 27 '99 14:34 887 7781 PAGE. 02 : PGND PHONE NO. . ( Mar. 02 1999 02:54PM P2 ,PINN I\'CLE ~ - -i. I 1 1 Eri.gi;rieiC~~., Ioe. TO: Gary Smith~ P.E. M~ridjan Public Works Department 200 E. Carlton A vcnue1 Suite...] 00 McrjdiW1).~D 8364~ . RE~EIYED ~1AR -. 2 1999 arv Of MERIDIAN. DA T~: Februruy 26. 1999 . RE: ROARING SPRINGS \'lATER PARK ~ \V A TER ASSESSME}~~'T IXar 'Gary: Ib~ water park owners have requtisted tbtU 11~yiew d\~ calculation})' for th~ ~!~:~:wr assessmcDt~ My re.view has generated a c.oupla of qu.eitions. 1 undMSland .that yo~ cbarg~ a wl.Iter 1i.saeS$lncnl ()f $704.00. per . c.quivaleJ1t re,tdential unit (ERtJ) and \h~t the ERl!, is based upon t>itbct 21 fU~ture units Qr a b~elinc .7500 gal/month demand. Your assessment cf'the dOlncst;'c wiUtr, (Il;lwrS, sewer, Bnd sewer lateeotner5 fees appear fair and reasonablo 10 me, h.o~\leJ'> We lU'~ questloll:l\g the ~eSSmC1\lS ba:v.d upon the annual till and daily makeup uunlbers~ · . The annual ~flJ 1 assesbn10llt was calcuJated using the il.lw tinnuaJ fill volume, It 4~ems that the annual fill total should be distributed over twelve months.to detennbe its actual value in E..i{Us since the ERl1 iii llmonthlv r4tC. Th~ annual fill value distributed over twdv~ rnor.ms creates irate cf2o.S33 gal/month and is equival~t to 2.8 ERUs. This gcnerau..~ an assessment otll$1.93~.OO inst.e:ad ofth.e listc:d S23,936.00. . . 'n'\~ daily makeup volume W8Si ca.lclJlated 'using the ex (Jccted a'Vcr~l:I JS ,000 ga.lJday rate but W~ computed over an entin.': year of operation ,at ~a.t ra.te. Th~ ~r~ is,plarmed to bo aperaicd for lOj days 'p.:r year QO I ,. would ex~ct t~ l.lumber to be amortized over ~nc: Year. The, m~up .voluiXl~ for one UIUOO I S oporll:~jon ' should ~ 3...570,000 gallons. That 'Volumc;,tspread ov~r twe1ve month~ WOL~ld bc'297,SOO saJ/rnonth and is . ~uiyalent to 39.7 BRUs. This would generate an 'as..~ssm=.nt of $27.925.00 ~lJst~d of'the listed $99. 968.00. . . . My ~liem5 understand the:-importa~ o~ being ~ura.e io this estimate, as tile rcasseasJnant bili Gould be'an UllQxpected significant COSt C1ext Y~'\ fr uur revised ::.ma.1ysi& is oorrect, r urn y:rta.in that the O\YfiC1'$ wiJ! b; prc.parc::d to pay a toral of$65,0&2. Please COnt~ct file regarding uur.~valuation, particularly, if you. disagree with my undcrit:.Ul.ding of the assessment m.e:tbQd, Til e owners are plannins w attend the tuesdd.,Y r;iaht. Ci.ty Council meeting to discus~ these fee:> and llUl hOpt)lJ we can resolve our que!>tioOl: hefore th.~t ml.li'l:in~. l- am ~~qiliWJl'c~~'~~7. 7760. , . . , .' . f.t~ .~. . ,. '. , . ~~a\S.E . .....j . . I' Ciel'C1 ... .,'~ )', " :.... f. , ", : !l': f. l,,'~ '. ~ ~" } ;.' :' 1 )) f iP ..:Jtj~' \R~ ~r~~~/ ..:~:)""... ,. ),'~f. "r .' '. <<1't:!"'.,...., r l;;".......~ . cc; ': ":':Fhit.#98767 ". '\ 810 NORTH UND~ SUITE B c MERIDlAN. roi";;'~Q" 8364-2 · (208J sa1-7~'(jO I tAX' (:CL""j ~'Tl81 EXHIB IT "A" INDEPENDENT CONTRACTOR AGREEMENT Parties: City of Meridian , Contractor This agreement made this day of , 1 999, by and between the City of Meridian, a Municipal corporation organized and existing by virtue of the laws of the State of Idaho, by and through its Parks and Recreation Department, hereinafter referred to as "CITY", and hereinafter to as "CONTRACTOR". 1. Recitals: 1.2 The City conducts various programs as part of its Parks and Recreation programming; and 1.3 In order to fully implement the recreational programming the City finds it is necessary to retain the services of persons as independent contractors who have the qualifications to provide: instructor, supervisor, and/or other professional services in the performance of the program; and 1.4 Contractor is qualified and has expertise to provide the services hereinafter set forth and is willing to do so as an independent contractor for the consideration hereinafter provided for. In consideration of the mutual promises contained in this agreement, and of the mutual benefit to be derived hereunder, the parties agree as follows: 2. Services to be provided: Contractor shall provide the following service: Independent Contractor Agreement - I 3. Place of worlc: Contractor service shall be provided at the location and times that are specified in accordance with the City's recreational program, which is attached hereto marl(ed Exhibit "A". 3. Term: 4.1 This agreelnent shall be in full force and effect until the session for which the service is being provided has concluded. 4.2 Either party may terminate this agreement for a failure of the other to comply with the terms and C011ditions of this agreement and/or at the will of the City. 4. Compensation: The City shall pay to the Contractor for services rendered pursuant to this agreement, as follows: 5. Materials and Equipment: Contractor shall_, or shall not be required (Put x in appropriate space), to furnish, at Contractor's own expense, all materials, and/or equipment, necessary to carry out the terms of this agreement. 6. Relationship between Parties: The parties to this contract agree that the Contractor is a professional person, self-employed, and that the relationship created by this contract is that of employer and contractor. Contractor is not an agent or employee of employer and is not entitled to the benefits provided by employer to its employees, including but not limited to health, worl(er's compensation and unemployment insurance, and pension or employee benefit plans. Independent Contractor Agreement - 2 ( 7. Wor]( Standards: Contractor shall control the conduct and means of performing the worl( required under this contract. Contractor will adhere to the standard of care and performance of a reaso~able and prudent person of similar qualifications, training, expertise, and if appropriately licensed, providing said services. Contractor shall be free to contract with others during those periods when not performing under this contract for employer. 8. Terms to be Exclusive: The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement. Except as herein expressly provided to the contrary, the provisions of this agreement are for the benefit of the parties solely and not for the benefit of any other person, persons, or legal entities. 9 . Waiver or Modification Ineffective unless in writing: No waiver, alteration, or modification of any of the provisions of this agreelnent shall be binding unless in writing and signed by a duly authorized representative of both parties to this agreement. 10. No Assignment without Consent: Contractor shall not assign this contract nor any of the rights and duties hereunder without the prior written consent of employer. 11. Written Notice: 11.1 All communications regarding this agreement should be sent to Contractor at [the address set forth above] unless City is notified in writing to the contrary. 11.2 Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this agreement or such other address as may hereafter be specified by notice in writing. Independent Contractor Agreement - 3 12. Governing Law: This Agreement shall be governed by the laws of the State of Idaho. 13. Attorney Fees: In the event either party defaults in the performance or nonperformance of the terms of this Agreement and it shall become necessary to resolve the default by any course of legal action, whether the same be through litigation or by the intervention of attorneys, the party determined to be at fault shall pay to the prevailing party reasonable attorney's fees and all expenses and costs thus incurred. Dated CONTRACTOR PARI(S AND RECREATION DIRECTOR msglD:\MyFiles\1v1eridian City File\Parks\iNDEP CONTRACTOR AGMT.wpd Independent Contractor Agreement - 4 EXHIBIT "B" SCHOOL RENTAL AGREEMENT Parties: City of Meridian Joint School District No.2 This agreement made this day of , 1999, by and between the City of Meridian, a Municipal corporation organized and existing by virtue of the laws of the State of Idaho, by and through its Parl(s and Recreation Department, hereinafter referred to as "RENTER", and Joint School District No.2, hereinafter referred to as "OWNER". WITNESSED: Public school facilities are hereby rented to the RENTER according to the following schedule and terms: 1. Date/Place/Hours: 1.1 Date: MARCH 8, 1999 - JUNE I, 1999 / MONDAY-THURSDAYS 1.2 Place: Meridian Middle School CAFETERIA and MAT ROOM 1.3 Hours: Between the hours of (V ARIOUS) per individual requests attached. 2. Equipment: 2.1 To be made available to the RENTER by the OWNER: 2.2 No equipment nor storage space to be furnished. Groups to provide own clean-up. 3. Facilities / Rent: Gymnasium. . . . . . .$ Multi-Purpose room.$ Cafeteria (only) . . . . $ Cafeteria wild tchen . . $ Custodial Fee . . . . . . $ DAMAGE DEPOSIT$ Auditorium. . . . . . .$ _ Sound Specialist. . . .$ _ Light Specialist. . . . $ Oth e r : . . . . . . . . . . . $ _ Supervision. . . . . . .$ Other: . . . . . . . . . . . $ TOTAL FEE CHARGED. . . . . . . . ..$ N/C School Rental Agreement - 1 4. Special conditions of the agreement: 4.1 Any damage of the building or equipment caused by the RENTER will be repaired or replaced at he expense of the RENTER. 4.2 Adequate adult supervision will be present at all times. 4.3 Additional personnel service; if required, will be paid by the RENTER in addition to the rental fee at current per hour rates. 4.4 NO equipment other than that specified in item #2 will be furnished to the RENTER without prior approval of the principal. 4.5 If the building being rented is not properly cared for, the building principal retains the right to breal( the contract. 4.6 First aid stations or other special services needed for the safety and welfare of the group will be provided by and at the expense of the RENTER. 4.7 NO SMOIGNG will be allowed on any school property. 4.8 No food or beverages will be allowed except in designated areas. 5. Payment: Payment by the RENTER will be made prior to using the facility unless other arrangements have been made with the superintendent. IN WITNESS WHEREOF THE PARTIES HERETO EXECUTED THIS AGREEMENT, THE DAY AND YEAR AS WRITTEN ABOVE. JOINT SCHOOL DISTRICT NO.2 MERIDIAN PARI(S AND RECREATION (OWNER) (RENTER) BY: (Principal or Superintendent) BY: (Authorized Representative) msgID:\MyFiles\Meridian City File\Parks\School Agmt.wpd School Rental Agreement - 2 CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected Clerl( 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 Clerl( of this City, I am the custodian of its records and minutes and do hereby certify that on the 21@. day of 111 tfVtc/t- , 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 IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ATTACHED EXHIBIT "A" AGREEMENT FORM; GRANTING THE AUTHORITY TO THE PARI(S AND RECREATION DIRECTOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AGREEMENTS ENTITLED "INDEPENDENT CONTRACTOR AGREEMENT" AND "RENTAL AGREEMENTS" BETWEEN THE CITY OF MERIDIAN, LESSEE, AND THE CONTRACTOR, LESSOR. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION I: FINDINGS: WHEREAS, the Council finds that an integral part of the programming of the Parl(s and Recreation Department is the presentation of recreational programming that requires the hiring of independent contractors who have special expertise and sldll to conduct certain program offeri11gs, and to contract with the Joint School District No.2 for suitable preluises to conduct certain recreational program offerings; and CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN WHEREAS, it will be necessary for the City to contract with numerous persons as independent contractors to perform such services; and WHEREAS, it is the duty and responsibility of the Director of the Parks and Recreation Department to oversee and direct recreational programming; and WHEREAS, for reasons of time constraints and ease of doing business it is in the best interests of the City for the City Council to grant to the Paries and Recreation Director authority to enter into certain form contracts for independent contractor services and contracts for rental of School District facilities for the conduct of recreational programs. SECTION 2. GRANT OF AUTHORITY TO P ARI(S AND RECREATION DIRECTOR: 2.1 The Parl(s and Recreation Director is hereby authorized to enter into on behalf of the City Independent Contractor Agreements in the form and manner of Exhibit "A" attached hereto with qualified person(s) to provide recreational program services and to enter into Rental Agreements in the form and manner of Exhibit "B" attached hereto with Joint School District No.2 to provide recreational program facilities so long as said agreements are within the recreational budget appropriation for the 1998/99 fiscal year. 2.2 The Parl(s and Recreation Director shall provide an original of any agreement signed under this authorization to the City Clerl( for filing with the official records of the City, and shall also notify the City's insurance carrier of any and all agreements signed under this authorization to assure insurance coverage of all activities conducted pursuant to the agreements. 2.3 2 ( STATE OF IDAHO, ) ~J ~ ~fma Expires:J olls/~~ ss. County of Ada, ) On this~day of &rcL , in the year 1999, before me, ~c )Imt~ ' a Notary Public, appeared WIL G. BERG, JR., IGlown or identified to me to be the City Clerl( of the City of Meridian, Idaho that executed the said instrument, and acIGlowle~d.t~~ that he executed the same on behalf of the City of Meridian. ~~~~~O~;.!;~.~l~###~ ..It) ~ ... -. f.P ~ .: e ... ~ = :0 ~OTA.Rr.\ \ Q . >- . _ G . 5 * : ~... : * i III 0 c.- ~ ~ PUB\"'\ .. I ~ o. J' 0 ~ ~ <P~ .. .....~ ~ -P;p <~ .......... ~v ,. ~~ '< 1 :r s>.,-;'" ~~ Notary Public for Id~1J OF \ ~~,~.ftI ""'8'111'" Commission msg\D:\MyFiles\Meridian City File\Parks\LICENSE AGREEMENT Cert of Clerk for Resolution.wpd CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 3 To: Tom ICuntz cc Mayor, Council and City From: Bill Gigray Re: Parl(S and Recreation In e end nt Contractor Agreements and Rental agreement for space Date: 3-2-99 RECEIVLD MAR - 2 1999 CITY OF MERIDL1\N Enclosure: I e Resolution of the City Council 2. Independent Contractor Agreement Advise/Information: I am providing the enclosures as a result of your departments request. The resolution is drawn to authorize you to enter into the Independent Contractor Agreements with persons providing services for recreational program activities offered by your department. The Resolution also authorizes you to enter into rental agreements with the School District for facilities for these program offeringse The authorization shall be good for the remainder of this fiscal year and or until the City Council revolces the authority. Requested Action: Read the Resolution carefully: Note that the resolution requires that you ta!(e certain follow up steps after obtaining a signed agreement for rental space and or independent contractorse You are to provide the original of the agreement [or a conformed copy in the case of the School District] to the City CIerI, and notify the City's insurance carner of the agreement. Instructions for completion of the tenns of the Independent Contractor Agreemente Fill all blanl(S with the appropriate information, in section 6 marlc whether or not the contractor is required to furnish the material and or equipment. If you have any questions please advise. ... f ( ( , lerracon February 25, 1999 10840 Executive Drive Boise, Idaho 83713 (208) 323-9520 Fax: (208) 323-9592 City of Meridian C/O ZGA Architects 815 Park Boulevard Boise, Idaho 83712 Attention: Mr. Paul D. Marcolina, A.I.A. Re: Proposal for Geotechnical Engineering Services Proposed Meridian Fire .Station Meridian, Idaho Terracon Proposal 62992036 Gentlemen: At your request, we are pleased to submit this proposal for geotechnical engineering services for the proposed Meridian Fire Station. Our understanding of the project is based on preliminary site and building drawings and on conversations with the project architect. PROJECT DESCRIPTION The building will consist of-a single story, masonry and frame structure having plan dimensions of approximately 160 feet by 80 feet and a maximum eave height of about 30 feet. The central portion of the building will house various sizes of trucks and will have a reinforced concrete slab on grade floor to support the heavy wheel loads. Concrete aprons designed to support the heavy truckloads will be constructed outside the building at the front and back of this central area. It is not known at this time whether the concrete apron in the front of the building will be extended to connect to Franklin Road, or whether an asphalt pavement will be used for the apron extension. Administrative and living areas will be located on either side of the central truck bays and will have numerous partition walls supported over crawl spaces. It is anticipated that the site in the building area will be raised 2 to 3 feet to provide a suitable grade between the floor elevation and the adjacent road. Filling to accomplish this may only be necessary beneath the slab on grade in the central portion of the building, since the other areas are supported over crawl spaces. Minimum depth spread footings will likely be placed very near to the existing ground surface elevation. Some filling around the perimeter of the building may be needed to provide frost protection for footings, and to blend with the grade of the exterior aprons. Arizona. Arkansas. Colorado. Idaho. Illinois. Iowa. Kansas. Minnesota. Missouri. Montana Nebraska. Nevada. New Mexico. North Dakota. Oklahoma. Tennessee. Texas. Utah. Wisconsin. Wyoming Quality Engineering Since 1965 ( ( ( Proposal for Geotechnical Engineering Services Proposed Meridian Fire Station Meridian, Idaho Terracon Proposal 62992036 February 25, 1999 Terracon ANTICIPATED CONDITIONS The site is presently a vacant parcel located on the north side of Franklin Road across from the Meridian Cemetery. We do not know prior uses of the property at this time. Previously developed lots are located on either side of the site. An existing canal flows along the western border of the lot. The topography drops sharply on the north side of Franklin Road at this location, and there is about 5 to 6 feet of elevation difference between the road and the proposed building area. Based on our experience in the area, it is expected that the subsurface profile consists of generally fine-grained silt or clay soils overlying dense sand and gravel deposits. It is expected that the upper fine-grained soils will control design and construction at the site. SCOPE OF SERVICES The purpose of this investigation is to develop recommendations for design and construction of foundations for the proposed building. Our services will include field and laboratory investigations to define subsurface conditions and to determine physical and engineering properties of the foundation soils. Engineering analyses of the data will be performed relative to the new structure, and an engineering report of our findings- will be prepared. Each of these steps is described in greater detail below. Field Investigations It is proposed that field explorations consist of 5 borings extending to depths of about 15 feet or to sound bearing conditions, whichever occurs first. A Terracon engineer or geologist will log the borings as the drilling progresses and select sample locations. Sampling will be accomplished by driving split spoons into the soil (standard penetration test) or using thin walled tubes in the fine grained soils to obtain undisturbed samples, as appropriate. At least one bulk sample will also be obtained for testing to determine parameters for design of slabs on grade and pavements. Prior to initiating subsurface investigations, drill sites will be cleared for utilities using local"Digline" services. Due to the recent very wet conditions, we propose that a track mounted drill rig be used to permit access to the site. Use of a conventional truck mounted drill would require waiting for conditions to dry. 2 ( ( Proposal for Geotechnical Engineering Services Proposed Meridian Fire Station Meridian, Idaho Terracon Proposal 62992036 February 25, 1999 Terracon Laboratory Testing Samples will be taken to our laboratory where they will examined and visually classified. Representative samples will be selected for testing to .determine their physical and engineering properties. Tests may include, but not be limited to: moisture content, gradation, Atterberg limits, consolidation, and CBR. Analysis and Report - Data obtained in the field and laboratory will be analyzed and summarized in an engineering report of our findings. Recommendations will be developed regarding type, depth, and allowable bearing pressures for foundations, potential settlement, soil parameters for design of floor slabs and pavements, and possibly other earthwork related issues. Services will be performed in accordance with generally accepted standards of the geotechnical engineering profession. We understand that design of the floor slabs and pavements will be performed by others, and these tasks are not included in our scope of work. Hazardous waste evaluation or investigation is also specifically excluded from this scope of work. FEE Our fee for the services outlined above will be in accordance with the attached Professional Service Fee Schedule and actual quantities expended. Based on the above scope of work, it is estimated that the fee for our services will range from $5,200.00 to $5,500.00. This estimate and the outlined investigation assume that it will be possible to support the addition on shallow spread footings. If findings or conditions indicate a need for other types of foundations or modifications to the scope or budget for other reasons, this fee may need to be renegotiated. We will contact you to discuss this situation if it occurs, along with proposed modifications to the budget. ACCEPTANCE AND SCHEDULE Should this proposal meet your approval, please issue the attached notice to proceed. We would be available to begin field investigations within about 1 week of notice to proceed, depending on availability of our drilling subcontractor. Our completed report should be available within about 4 weeks after completion of field investigations. Preliminary information can typically be made available prior to the final report. 3 ( ( Proposal for Geotechnical Engineering Services Proposed Meridian Fire Station Meridian, Idaho Terracon Proposal 62992036 February 25, 1999 Terracon Thank you for the opportunity to submit this proposal and we look forward to working with you on this project. Should you have any questions concerning our services or this proposal, please contact us at your convenience. Sincerely, TERRACON ~-t;t2~~ :.James R. Kuenzli, P. E. ~ Jerry A. Peterson, P.E. J R K:d m \62992036. doc Attachments Copies to: Addressee (2) NOTICE TO PROCEED The above proposal and attached Terms and Conditions are understood and accepted. i FOR: City of Meridian (Company) 4 [ ( TERRA CON PROFESSIONAL SERVICE FEE SCHEDULE FIELD INVESTIGATION Drilling services, backhoe, bulldozer, and other heavy equipment rental ................................................................................................Cost + 15 percent Drill bits and/or media, special sampling and/or monitoring equipment, air compressor, water truck, equipment for site access, special safety equipment, or other auxiliary equipment provided ............................................................Cost + 15 percent Equipment rental including slope inclinometer, pressuremeter, seismometer, resistivity meter, etc. ................................................Quotation on Request PROFESSIONAL SERVICES Hourlv Rate Principal Engineer.. ............ ................... ......................... ...................................................... .................................... .................................. $1 05.00-135.00 Senior Project Engineer.................................. .................................. ........... ....................................................................... ......................... $94.00-11 0.00 Project Engineer....................................................................... ............. ................................................. .......... ................ ..... ........................ $80.00-95.00 Assistant Project Engineer........................................ .... ........ ....... ............. .............. ....... ...... ............... .............. .......... ........... ......... .............. $63.00-78.00 Staff or Field Engineer............................. ......................................................... ......... ........ .,. ...... ......... ........ .................................................. $52.00-68.00 T ec h n i ci an. . . . ... ..... . . . . . .. . . . . . .. . . . . . . . .. ... .. . ... . . . .. . . . . . . .. . .... .. . . . ... . . .... .. . . ..... .. . .. .. . .. .... . . . . . . . . .. ..... ... . .. . . . . . . .... .. .. .. . .. .. . . ... .. . . . .... .. .... .. .. . .. . .... .. ..... ... . . . . . ... .... .. $35.00-60.00 C I e rica I.. .. . . .. . . ... . . . .. . .. . . .... .. . . . . . ... . . . . . . . . . . . . . . .. .. . .. . . ..... .. . .. . . . . . . ........ .. ... . . . .. .. . . . . ... ... . . . . . . . ....... . . . . ...... .... . . . ... . . . ... . . . .... .. . . .......... . ... ..... .. ... . . ... .. . .. .. . .. ..... . .. . .. .. . ... $38.00 Special Consultation, Expert Testimony, & Court Appearance (4 hour minimum) ............ .... ................ .... ................. ............ ............... ..... $135.00-190.00 LABORATORY TESTING OF SOIL AND ROCK Unit Price Sieve Analysis (ASTM 0422 and 01140) a. Standard Sieves 3-inch through No. 200 ......................$66.00 b. Standard Sieve 3-inch-No. 200 (SPT Sample)..............$52.00 c. Standard Sieve NO.4 through No. 200..........................$51.00 d. No. 200 to .005 mm, add to a, b or c.............................$4O.00 e. Percent passing No. 200 mesh sieve only ....................$35.00 Liquid-Plastic Limit (ASTM 04318)...... ......... ..... ......... .... .... .... .$55.00 Specific Gravity (ASTM 0854)........... .... ........... .......... ........ .....$47.00 Moisture Content (ASTM 02216) ............................................$12.00 Moistu re- Density Determination Standard (ASTM 0698)................. .................................. .$105.00 Modified (ASTM 01557).................................................. .$115.00 One Point Test ......................................... .... ..................... .$46.00 Density & Moisture Content (ASTM 02937) ............................$35.00 CBR Test (ASTM D1883).............. ........................................$340.00 R-Value - ITD T8 (ASTM 02844) ..........................................$305.00 pH and Resistivity.... ... ............... ...... ..... ........ .... ............. .... ..... .$63.00 Direct Shear per point: Unconsolidated-Undrained............................. .................... .$65.00 Consolidated-Undrained.. .................................................. ..$75.00 Consolidated-Drained....................................................... .$100.00 Rush laboratory service available at 30 percent surcharge Unit Price One-Dimensional Consolidation or Swell: (ASTM 02434 and 04213) a. 4 ksf load... ............ ....... ........................................... ....$115.00 b. 8 ksf load................. ............... ................................. ....$130.00 c. 16 ksf load.. .... ........... ....... ....... ....... ............. ....... .........$145.00 d. 32 ksf load.. .................... ............................................ .$180.00 e. Add to a-d, above for time rate readings (1) 2 loads ...............................................................$95.00 (2) 4 loads............................................................ .$135.00 Unconfined Compression, (ASTM 02166 and 02938)............$90.00 Triaxial Shear, per point a. Unconsolidated-Undrained, Saturated .................... ....$240.00 b. Unconsolidated-Undrained, UnSaturated................. ...$230.00 c. Consolidated-Undrained... ....... ...... ............... ........ ..... ..$480.00 d. Consolidated-Drained.. ............ ....... .............. ........ On Request Permeability Using Triaxial Cell a. Undisturbed or Remolded ...........................................$305.00 Special Tests ................................................... Quotation on Request Laboratory Technician for sample preparation ................ $49.00/hour DIRECT CHARGES Per Diem and Lodging............................... ............................................ ............................. ..... .... ...................... ...... .............. $26.00/day + cost of lodging Automobile or Pick-up.......................................... ............ .................................... ......................... ........................... $O.421mile or $140.0o/week minimum 4-Wheel Drive Vehicle ......................................... .......... ................ ........ .................................................................. $O.68/mile or $21 o.OO/week minimum All other direct project expenses, i.e. special equipment rental, commercial travel. bulk reproduction, protective clothing, etc. ......................................................................................................................... Cost + 150k Provide on-site field laboratory facilities and test equipment............ ...................................... ............................... ......... .... ............... Quotation on Request ENVIRONMENTAL AND CONSTRUCTION MATERIALS ENGINEERING SERVICES .u...........u................... Fee Schedule Available on Request Salt Lake City Office Boise Office Revised January 1999 lrerraccn I ( ( TERRA CON PROFESSIONAL SERVICE FEE SCHEDULE FIELD INVESTIGATION Drilling services, backhoe, bulldozer. and other heavy equipment rental ......... ....................................................................................... Cost + 15 percent Drill bits and/or media, special sampling and/or monitoring equipment! air compressor, water truck, equipment for site access, special safety equipment, or other auxiliary equipment provided ............................................................ Cost + 15 percent Equipment rental including slope inclinometer, pressuremeter, seismometer, resistivity meter. etc. ................................................Quotation on Request PROFESSIONAL SERVICES Hourlv Rate Principal Engineer........................................................................................................................................... ........................................... $1 05.00-135.00 Senior Project Engineer..................................................................................................................................... ............................. ............. $94.00-11 0.00 Project Engineer........................................ ...................................................... ..................................... ......................................................... $80.00-95.00 Assistant Project Engineer............................................. .......................................... ........... ............................ ..... .............. ............. .............. $63.00-78.00 Staff or Field Engin eer ...... ..... .. ......... .............. .............................................................................................................................. ................. $52.00-68.00 Tee h n i c ia n ............................................................................................................................... .. .. . ..... ... . . ...... . .. . .. . . . ... . . . . .. . . . . ... . ...... . .. ...... . .. . . . ... $35.00-60.00 C I e ri ca I. . .. . . . . . . . ... . . .. . . .. . . . . . . . . . . . . . .. . . . . . . ... . .. . . .. .. . . . .. ... ..... .. . .... . .. .. ... . . . .. . ... .... .. .. ... .. . .. . . .. . . ... . . . . . .... . . .. .... .. .. . ... . ... ... .... . . .. .. .. .. .... . . .. . . .. .. . . . . ... .. . . . ... . . .. . .... . ... . . .. .. .. $38.00 Special Consultation. Expert Testimony, & Court Appearance (4 hour minimum) .................... ................... .............................................. $135.00-190.00 LABORATORY TESTING OF SOIL AND ROCK Unit Price Sieve Analysis (ASTM 0422 and 01140) a. Standard Sieves 3-inch through No. 200 ......................$66.00 b. Standard Sieve 3-inch-No. 200 (SPT Sample)..............$52.00 c. Standard Sieve NO.4 through No. 200..........................$51.00 d. No. 200 to .005 mm, add to a, b or c.............................$4O.00 e. Percent passing No. 200 mesh sieve only ....................$35.00 Liquid-Plastic Limit (ASTM 04318)...... ...... ...... ............. .......... .$55.00 Specific Gravity (AS TM 0854)................................................ .$47.00 Moisture Content (ASTM 02216) ......... ........ .......................... .$12.00 Moistu re-Density Determination Standard (ASTM 0698)............... ...... .............................. .$105.00 Modified (ASTM 01557)................................................. ..$115.00 One Point Test............................................ ...................... .$46.00 Density & Moisture Content (ASTM 02937) ............................$35.00 CBR Test (ASTM D1883)....................................... ...............$340.00 R-Value - ITD T8 (ASTM 02844) ..........................................$305.00 pH and Resistivity .............................................. ..................... .$63.00 Direct Shear per point: U nconsolidated-U ndrained................................................. .$65.00 Consolidated-Undrained................................ .................... ..$75.00 Consolidated-Drained............. ..... ......................................$100.00 Rush laboratory service available at 30 percent surcharge Unit Price One-Dimensional Consolidation or Swell: (ASTM 02434 and 04213) a. 4 ksf load.................................. ..... ........... .................. .$115.00 b. 8 ksf load.. ....................................... .......................... ..$130.00 c. 16 ksf load ............ .................. ............... ................. .....$145.00 d. 32 ksf load............... ....... .......................................... ...$180.00 e. Add to a-d, above for time rate readings (1) 2 loads ............................................................... $95.00 (2) 4 loads ........................................................... ..$135.00 Unconfined Compression, (ASTM D2166 and 02938)............$90.00 Triaxial Shear, per point a. Unconsolidated-Undrained, Saturated ........................$240.00 b. Unconsolidated-Undrained, UnSaturated ...... ..... .........$230.00 c. Consolidated-Undrained.... ..... ....... .......... .............. .... ..$480.00 d. Consolidated-Drained............. ................ .............. On Request Permeability Using Triaxial Cell a. Undisturbed or Remolded ...........................................$305.00 Special Tests ....... ............. .................. ............. Quotation on Request Laboratory Technician for sample preparation ................ $49.00/hour DIRECT CHARGES Per Diem and Lodging .................................... ................. ......... .................. ................................ ............................ ............... $26.00/day + cost of lodging Automobile or Pick-up.......................................... ........................ ........................ ......................... ........................... $0.421mile or $140.00/week minimum 4-Wheel Drive Vehicle............................. ........... ................................................................................. .................... $O.68/mile or $21 O.OD/week minimum All other direct project expenses, i.e. special equipment rental, com m ercial travel, bulk reproduction, protective clothing, etc. ......................................................................................................................... Cost + 150k Provide on-site field laboratory facilities and test equipment............................................ .... ............................................................. Quotation on Request ENVIRONMENTAL AND CONSTRUCTION MATERIALS ENGINEERING SERVICES ................................... Fee Schedule Available on Request Salt Lake City Office Boise Office Revised January 1999 lrerraccn at ffi ~ ~ == ~; LIJ I ~ (...)~o ~~5 t- W W :1: zen <CZ -- cz -C) n-=- wen :EC) u..~ 00:: >-~ 1-:1: o~ ...I en :J c.. ~(I) ~1 ..q: t~ J ~ ~ C)I UJ z=e i=~ w w ~ 'Q:fijl g~ ~8: o ~ ~ \ ~I-- \ (.) ~LlJ 16 w8: !cc c ~ ~ a ~ o if co r r: ~ ~ ~ ~ 4:7 5!51i () '], . '~ 3~ gl v e; j 1- -2 -/ .~ // V g 1_ I I I I I I .1 I I ( I I I I I I ----1 I ~ z :s Q m fa UJ ~ ~ 2: N X UJ r 'ge (.) Ct: 0 ~~5 I- W W J: zUJ <C~ - I Cz -e> ~- WUJ :Ee> LL~ O~ ~~ -0 0- ...I CO ~ c.. a:ffi g~ a.. ~a.. o ~ ~ \ ~ I- \ (.) ~~ o w8: ~ c '() UJ \/) ~~ ~~ a..~ ~ CI)~ CI)~ ~ ~ ~ ~ ~~~ i~ ~ ~ ~ ~ ~ C) UJ ~~ z =e ~ - q:~ I-~ W W D fi :!: ~ .Q \~ ~ U ~ ~ ~ j ~ ~ ~ ~ J~ ':J ~ ::z. ~ ~ ~ ~ ~ JY ~ /J1tvLC;~ 2 / / r C; C; I ~~-&J ;2&j/ifl-J:r AGENDA ITEM NUMBER: 7Jr.- ICtwvrt- l?es~~ kdL~ C~dcn-s MERIDIAN CITY COUNCIL MEETING: APPLICANT: _ REQUEST: ( COMMENTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING OEPT: 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: ~- tur~ hi ~l0 PJ~~vb~ /{}-fl- 5" ( \ MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT: NANCY NADOLKSKI AGENDA ITEM NUMBER: 1 REQUEST: PRESENTATION OF RESULTS OF THE HEALTHWISE COMMUNITIES PROJECT AGENCY COMMENTS CITY CLERK: SEE ATTACHED LETTER 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: ~t 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. The H e a I t h "S. -J e Communities Good health care begins with you. February 16, 1999 li~Oli: ;:- ell f 'lrrlt)) Ct~1"o~ .. :1 1.9,0.9 ~ . O#~Pp)". . - .II.1.h (J~ '~l: ~ City of Meridian 33 E. Idaho Avenue Meridian,ID 83642 Dear Anita, In reference to our phone conversation this morning, I would like to schedule a IS-minute presentation on the results of the Healthwise Communities Project at your city council meetings on March 2nd. Your city has made history by being part of the first research, ever, to determine how self-care impacts the medical system. In April of 1996 every resident in Meridian received a Healthwise Handbook as the first of 6 services available through the Healthwise Communities Project. Through this grant funded research we have created a community in Southwest Idaho where people here, more than anywhere else, are doing a better job of taking care of their health problems at home and in partnerships with their doctors. Last year we attended one afyaur City Council meetings to brief you on the progress of the project. As the project ends in March of this year, we'd like the chance to come back and describe in full the results created in your community. Should you have any questions, please call me at 331-6911. I'm looking fOlWard to presenting you with this update of the Healtllwise Communities! Best of health, Il tJ--n c;f- Nancy Nadolski, RN, M.Ed Associate Director ~k-l ~ :5/z/fl ceriA d 7,;{)- /jr!- \ P.o. Box 237 · Boise, Idaho 83701 · PH: 208-345-1212 · FAX: 208-345-4107 · www.hcp.org ( MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 10B3 REQUEST: USTICK WATER RESERVOIR DRAIN LINE LICENSE AGREEMENT AGENCY COMMENTS CITY CLERK: SEE ATTACHED AGREEMENT 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: tvrPf'J/ 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. (/-- ~~ ~~ (}~.,t..o "<9 <> $' ~ 0.6> ~~ -& ~ 4;,.. o~ ~ ~~~ %~ ~ Memo To: Mayor Conie From: Gary D. Smith, PE MA CC: file r r- Date: 02/25/99 Re: Ustick Water Reservoir Drain Line - Nampa & Meridian lnigation Distrid Ucense Agreement Mayor: I would appreciate it if you could place a request for approval of the attached License Agreement on the agenda of the March 2nd Council meeting. This Ucense Agreement is to allow us to discharge overflow of the new reservoir or by-pass pumping of Well NO.20 into the Finch stub Lateral. Thank You, Gary From the desk of... Gaty D. Smith, PE Meridian City Engineer Meridian Public W 000 Departrrent 200 E. Carlton St., Suite 100 Meridian, Idaho 83642-2600 . Page 1 (208) 887-2211 Fax; (208) 887-1297 (- LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _ day of , 1999, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the fITst part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter referred to as the "Licensee", WIIN ES.s.EIH: WHEREAS, the Licensee is the owner of real property (burdened with the easement of the District hereinafter mentioned) particularly descnbed in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FINCH STUB DRAIN (hereinafter referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessaty that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set fo~ the parties agree as follows: I. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. r ( ( 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise aJter the ditch or canal in any manner not described in this agreement without fITst obtaining the written permission of the District. 3. Each facility C'facilityH as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property~ b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of inigation water by the District~ c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement~ e. any other damage to the District's easement and inigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circmnstances enumerated in the preceding paragrap~ 4.a through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that fmal acceptance of the such work shall not be made mtil all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the tenns of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. LICENSE AGREEMENT - Page 2 ( 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulatio~ directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jwisdiction of any such agency as a result of execution oftrus agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herell\ Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures or landscaping of any kind within the Districfs easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. LICENSE AGREEMENT - Page 3 ( 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreem~ the license of the Licensee lUlder the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. third party. This agreement is not intended for the benefit of any third party and is not enforceable by any 19. If any provision of this agreement is determined by a comt of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", ifused in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running wi~ all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMP A & MERIDIAN IRRlGA TION DISTRICT By Its President ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ) 5S: County of Canyon ) On this _ day of , 1999, before me, the undersigne<L a Notary Public in and for said State, personally appeared and 'l known to me to be the President and Secretary, respectively, ofNAMP A & MERIDIAN IRRIGA YION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate frrst above written. Notary Public for Idaho Residing at N ampa, Idaho My Commission Expires: SI A IE OF IDAHO ) )88. County of Ada ) On this _ day of 'l 1999, before me, the undersigned, a notary public in and for said state, personally appeared and , known to me to be the and , respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate fIrst above written. Notary Public for Residing at My Commission Expires: LICENSE AGREEMENT - Page 5 .-- ~.LJ .L:;J :;J ~ It:.J J · "-t r .-- '" r- UDL. J. '- WUr"t'.;:) ~~OOO(i~~( IU ~~~~O~( I.~C:/~...J Description For City of Meridian Ustick Reservoir & Booster Pump Station Ada County. Idaho A portion of a parcel o'Nrled by the City of Meridian located in the SE 1/4 of Sadion 361 Township 4 North. Range 1 West, Boise Meridian. Ada County, Idaho. more particularly described as follOYJS: Beginning at the southeasterly comer of said SE 1/4; thence North 89020'51" West along the southerly bo~ndary of said SE 1/4 a distance of 360 feet to a point; thence leaving said southerly boundary North 0039'09- East a distance of 25.00 feet to a point on the northerly right-of-way of Ustick Road and the POINT OF BEGINNING; thence leaving said leaving said right-of-way North OG39J09n East 237 feet; thence North 8$020'51- West 330 feet; thence South 0039'09" West 237 feet to a point on the northerly right-of-way of Ustick Road; thence South 89020'51" East along the northerly right-of-way of Ustick Road 330 feet to the POI~T OF BEGINNING. This area cont~ins 1.62 acres, more or less. and is subject to existing easements. This description was prepared from the annexation Ordinance #783 and approved construction plans for the Ustick Reservoir and Booster Pump Station. No field survey YlaS performed and a field survey may disclose discrepancies. The description describes a portion Of a complete parcel owned by the City of Meridian. c: \bw\w7\reservoi r . leg aldescri pti 0 n ..21999. doc Page 1 of 1 Exhibit A (- & ~ Jt.... . ~ ~~ '~/ ':';)~Il~;1;r~i~r~{Jhf~~{(':l, :~:i~/~. :~ijJ i . '~'io;",J,-...,H. NI~~1i!"$.l!~t;..Al~j_r :t[,~:r o.:~~_ l, " :U' ""f.. 'ft:f. , ti- " ~ 1"~<l" ~l" ~ ":-'-J ,;'b~lY .~~ ,:f... .(~~~!.Y*t~I~ih. ;~t.~ ~~~ .'1~:~- '''''' ,~" '\'.:;>;"'" ~..., .f:... ., ., 1..... '. .," , , ... '_~.. "\\f'ijJ~,,'l; 1~~"'~1 ;;:~y.f''-!~lL~{l ~'lJ ,t. ';', -I,.. i!~" {!,J:7{;N;j;;,~t' '~~JJ~}~)~~;..t ~/~j~~~,;.. ... , tt...-;o. ~! ~ - :{"" f.ri ,", r' ~. C..__.,,::. ~:tr.J c, ,"" 3!U;; h+ .->;. 'i- ,Ft-..:;..: 6!~ :;:-:O'h}- , < -'r-:-. l'~'_w'-'- - "':;.....: ,......~.~; ;0-" - ~~~."':" ;'\.. :.t....... :r~.", . ~"" - . r::~, ,".;,~...:tf .. '-Cr. ;}tL'~~i,~i~.t::, '/{ -' 7~_ :~~V:. . , iAii.. or ~ -.:" ',./ . :~~'.. ,,:;r ~.- ~ . .~.t: C,~''-- ;,If~<~:-~d ~:,~h;<__. : E''':oi.,mm~>~,; 'II- <, 11 ;'-.. ~. ~ 1",.-lt~~~:f:. T If , Exhibit B, page 1 . -- -- -' - - - - .. · '" . '-'4.JL...&........ u..Ju'.....r........J ~~OOO(~~~( IU J~~qO~( , - DESCRIP~IONS FOR THE CI1Y OF ( t MERIDfAN, AD~ COUNTY. IDAHO, LOCATED IN SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST; SECTION 31, TOWNSHIP 4 NORTH, RANGE ] EAST: SECTION 6, TOWNSHIP .3 NORTH, RANGE 1 EAST; SECTION 1. TOWNSHIP 3 NORTH, RANGE 1 WEST. BOISE MERIDfAN. t-'.~.j/~.j SCALE: ,.. -400' r 3tw - .... 0::0: Q ~ a:: PARK SITE z ~ 9 a::: LLJ ()S+i Co K R@~ ef' VO."'" o..ltI\d ~ Be 0 st. T'" f>"" "" ~ 4j, -t:a..+t <I'" ~ ~ y V-aJf~~ Ro.B. '/ 36 ~31 T~N l <t USTlCK ROAD l' ,16 T3N POl~lT O~ O[G'r4t4IrJG~ ~ ANNEXED UNDER I ORDINANCE NO. 687 .......:::: ~ Exhibit B, page 2 '/4 ( EXHIBIT C Purpose of License The purpose of this License Agreement is to pennit Licensee to: I. construct and install an emergency outfall drain line within the District's easement for the Finch Stub Drain; and 2. discharge emergency outfall from Licensee's U stick Reservoir into the District's easement for the Finch Stub Drain, all in or near the property described in Exhibit A, located northwest of the intersection of Meridian Road and Ustick Road in Meridi~ Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be performed in accordance with certain plans consisting of three sheets: sheet I entitled "Reservoir Drain Line, Plan and ProftIe, Sta. 0+00 to Sta. 5+50" bearing engineer's stamp dated July 20, 1998; sheet 2 entitled "Reservoir Drain Line, Plan and Profile, Sta. 5+50 to S13. II +00" bearing engineer's stamp dated July 20, 1998; and sheet 3 entitled "Reservoir Drain Line, Plan and Profile, Sta. II +00 to Sta. 16+18.5" bearing engineer's stamp dated July 20, 1998. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are incorporated herein by this reference. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. e. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all LICENSE AGREEMENT - Page 6 penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to enviromnental matters relating to the subject matter, tenns or performance of this agreement which arise out of the actions or omissions of the Licensee or its agents, employees or representatives, tmless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanctio~ directive, cl~ action or requirement. f. In the event the District is required by any govennnentaI authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate, control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agenCIes. h. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District for any flooding or damages arising from Licensee's emergency outfall being discharged into the Finch Stub Drain. i. Licensee shall not excavate, place any structures, plant any trees, shrubs, or landscaping or perform any other construction or activity within or affecting the District's easement for the Finch Stub Drain except as referred to in this agreement or exhibits hereto without the prior written consent of the District. j. The District's easement for this portion of the Finch Stub Drain is 50 feet, 35 feet to the left and 15 feet to the right of the centerline looking downstream. Construction shall be completed not later than April 15, 1999. Time is of the essence. LICENSE AGREEMENT - Page 7 ( ( RESOLUTION NO 2/1 BY: Glehn.. 8.eJ'V.f/e:j {~ry ~ mef'7l/~ 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" BETWEEN THE CITY OF MERIDIAN, LESSEE, AND VANCE JANICEK, LESSOR. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF TIlE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with VANCE JANICEK, denoted as "LEASE 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 as follows: 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with VANCE JANICEK, entitled "LEASE AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN LEASE AGREE:MENT WITH VANCE JANICEK ( PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2~ day of m~ , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2@ day of ~ , 1999. ATTEST: \\'\ \\' \ It H I'll f J \\\ <.f// "!-.\'\\.~ Of r:.~~i'"'<-< :-'\ 'I.,'/~ ~,~ ~ ,_~::';:__~+~.':' r;~~""_," ~\/ , G /'- C~~. i-",~., ~". "7~ ~ $' ", ~ · '-. ;;~ w>""" .r;, ~ ,.. '~,() " ~ - - ~ - ~ ~ ;;,.1.~', L b.;i :;"y r-, :: (",. ()":::: ~~ ~'t. ,r;j) 0 ~ "'/...~ ~i 1~':',,>'f", ~.. <:.-'. ...:::: ~ ~-"" ..... \ ,.}....... ~ t 0 r<- t '. ,...... '// ... " ,.... , //, 011"~<~:-'\I \;,) \" .,.\,/ U l~ Q' 1. \\\ J III; I J }; .n t 1-' \ \ \ \ \ RESOLUTION OF THE CITY OF rdERIDIAN LEASE AGREEIvlENT WITH VANCE JANICEK 2 (- LEASE AGREEMENT City of Meridian (owner) agrees to lease to Lessee, Vance Janicel" 888- 6619, 1965 E. Overland Road, Meridian, Idaho 83642 the herein described real property on the terms and conditions hereinafter set forth. I. LEASED PREMISES: The following described premises: Parcel Number 8/120244600 located in the City of Meridian (4.1 acres) more particularly described as follows: A parcel of land lying in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, 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 line of the NW 1/4 of said Section 20 to the Real Point of Beginning 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; Thence N 00024' 16" E 311.00 feet along a line parallel with the east line of the NW 1/4 to a point; Thence 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 4.0 I acres, more or less. 2. TERM: Term shall be for one year, 1999 crop season (excluding mint) beginning 2nd day of March, 1999 and concluding the 31 st day of August, 1999. Premises include the following equipment and furnishings: None - water assessment # I 069L Nampa & Meridian Irrigation District. LEASE - 1 ( (r- . 3. RENT: Lessee agrees to pay, without deduction or offset, the SU111 of $320.00 rent for said four (4) acres of the property, due and payable on the 31 st August, 1999. 4. SECURITY DEPOSIT: As a consideration for the execution of this agreement by Ovvner, Lessee agrees to pay a Security, Cleaning, and Danlage Deposit of $ 0 , all of which shall be refundable within thirty (30) days after vacating; provided the follovving conditions are met; (A) premises are left in clean, rentable condition; (B) no damage has occurred to premises; (C) all other terms and conditions of this arrangement 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 withollt the prior vvritten consent of the Ovvner. 7. LIABILITY: Owner does not assume any liability for personal property owned and/or stored on premises covered by the arrangement. 8. ALTERATION: Lessee will not mal(e any permanent improvements or alterations to the premises without vvritten permission from the Owner. All improveme11ts to the property will become the property of the Owner upon termination of this Rental Agreement. 9. CANCELLATION: This Rental Arrangement is subject to cancellation by either party upon thirty (30) days "Written notice. 10. 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. LEASE - 2 ( IN WITNESS WHEREOF, the parties hereto have executed this Agreeme11t in duplicate the day and year first above vvritten. City of Meridian t/~7iU~< /~ or SEAL - ~ -? & g ~ ~ ,~ 2 % ~ \S"1~ ' f> $ ~ "a d'.Y' ....~ ATI ST. It/.I1 n:, Mc!J~ '\"'" \'~ . '>/1 ~N i 1 , \\" ~ J21~ IQ. City Clerk P - Vance J anicel( "Lessee" ACI<NOWLEDGMENT STATE OF IDAHO ) :ss County of Ada ) On this 2,..J day of ~ ~rJ , in the year 1999, before me, the undersigned, a Notary Public, personally appeared Robert D. Corrie, known or identified to me to be the Mayor of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said municipality, and aclmowledged to me that such municipality executed the same. (SEAL) "","ltl',!', \\' r: L 'I, ,'\' \ C 1.::. . G ~" " ~ . ol!1l1!Jet!. 4', ~"~ IWf!JOf) ~o~ · di '-:. ............ · "0 (,;1*) ~ ... ),., 01" /11. ~ L) .. ~ ~ ,~, Q · ! l ~_" (i -; :: 1: '.' , ~~ ::. : " () ... - ( \ ^ ~ (,. \ ~. ... <<:~,.. '-.1 # J , ,. " v {I...:- ~ -;' r:., r..: FJ t.,. (/ '<4~ ... ~) r;.... ~ ~;~c... ._ .:./ r, ~ ....of ~ /;/J ~\~:::: ':-.;};:i'(:'::" ~ ~ t ,~..J ,~ +.f-t,; ,,'{";"."' /">-.- t::~>'~-~:\" '''~#II' \.;' ~-' \I ~ \ ~ "0- 'l:s.:S-". LEASE - 3 ( STATE OF IDAHO COllnty of Ada ) :ss ( \ On this .3r-J. day of 5Y\~rck ,in the year 1999, before me, the undersigned, a Notal)' Public, personally appeared Vance Janicel(, l<nown or identified instrument, and to me to be the person whose name is subscribed to the within aclmowledged to me that he executed the same. ",'1""".:"1 . \" r:: L 1,# ", \ C I:. . Q~' ~ ,'~ oce-eSo.Q.... "9 ,.7, .......... ~ .:;;"o~ -+~o tP~,p.. ~ '),.,8 -T A ~ %('1 l;"'1 .--;. :: : ~O 1; l~[I~.. ("> -.:. :: g ,. ~ ,. ~ ~.: : ~ ~; ~' ~; = ....~ (J /':JG "c, v .~# ~ (SEAr:2~~ ~ .J 0 t ..~ r) ~j - ("I U t. rJ 0,,, .... ~\ f/:~" -:-., \..:~.....)~C'... ..-,- --J"'j-' ~r::) .."'~ , ".:!"? ~ -~C) ;')1';.--.... t ~~\ ....... "'~ .....l~r.. CT' ~,~) ~ " ~"', ~ .; . \__ ~~ '".::1 \ \ ... /1/110:..,'1\\ ry Public for Idaho mmission expires: ()J-ft,f"'I / ey/ 15360 MlD:\Iv1yFiles\1v1eridian Ci ty File\Parks\J anicekPR.Lse.wpd LEASE - 4 RESOLUTION NO~ 2/6 BY: ;alfh ;j1r~ tit]' Ci)td/rl~ me nv/~ 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 "LICENSE AGREEMENT" , DATED THE 2~ DAY OF j'Jzafrvh- , 199~, BY AND BETWEEN THE CITY OF MERIDIAN AND NAMPA & MERIDIAN IRRIGATION DISTRICT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best i11terests of the City of Meridian to enter into an agreelnent with NAMPA & MERIDIAN IRRIGATION DISTRICT denoted as "LICENSE AGREEMENT" a copy of which is attached hereto marlced as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and ClerIc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with NAMP A & MERIDIAN IRRIGATION DISTRICT entitled "LICENSE AGREEMENT" dated the 2NJl day of ~ , 1991, by and between the City of Meridian and Nampa & RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT (FOTHERGIL) Meridian Irrigation District, a copy of which is attached hereto marlced as Exhibit "A" to this Resolution and to bind this City to its tenns and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2#,J) day of /11~ , 1991'. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2@ dayof Jn~ ,1991'. - ATTEST: RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH NAMP A & MERIDIAN IRRIGATION DISTRICT (FOTHERGIL) 2 ( ( MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16t 1999 APPLICANT: CONSENT AGENDA ITEM NUMBER: H REQUEST: FOTHERGILL GREENWAY LICENSE AGREEMENT (RESOLUTION #214) 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. SEE ATTACHED AGREEMENT & RESOLUTION ~~vI p}/l r ~ ~ yJ(} # ~V ~fr ( JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIORAY, 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 TEL (20S) 466~9272 FAX (20B) 466~4405 EmaiI viaInternet@vvfg@wppmg.com PLEASE REPLY TO MERIDIAN OFFICE February I, 1999 William G. Berg, Jr. CITY CLERIC 33 East Idaho Meridia11, Idaho 83642 RECEIVED FEB -2 1999 CITY OF lYlERIDLL\N" Re: FOTHERGILL GREENWAY LICENSE AGREEMENT Dear Will: Please find attached the Resolution a11d Certification of the Clerl(, along with two original License Agreements. Please note that the attached agreements are duplicate originals and must be returned bacl( to my office after you have secured the City's signatures ~ along with the original of the Certificate of the Clerl(. I will then forward the documents to Mr. Steenson for his client's signature, and the return of their certificate, and an executed duplicate original of the License Agreement for the City. Thanlc you for your assistance, and if you should have any questions please advise. Very truly yours, ~7~ Wm. F. Gi y, I cc: file enclosures ( LICENSE AGREENffiNT LICENSE AGREENffiNT, made and entered into this _ day of ? 1999, by and between NAMP A & 11ERIDIAN IRRIGATION DISTRIqT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "Districtff, and THE CITY OF 11ERIDIAN, a political subdivision and municipality of the State of Idaho party of the second part, hereinafter referred to as the "Licensee", WI TNESSE T H: WHEREAS, the Licensee is the owner of the real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Descriptionlt attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District is the owner of the irrigation ditch or canal known as JACKSON DRAIN (hereinafter referred to as the "Drain"), an integral part of the irrigation works and system of the District, together with easements therefor (the "easement area") which include easements to convey irrigation water, to operate and maintain the ditch or canal, and for ingress and egress for those purposes; and, WHEREAS, a portion of the Drain and easement area crosses and intersects Licensee's real property as shown on Exhibit B attached hereto an~~ by this reference made a part hereof; and, WHEREAS, Licensee's predecessor in interest constructed a pathway, placed landscaping, and constructed or installed other improvements related to the pathway within the portion of the easement area right of centerline looking downstream (north) in its course across the property described in Exhibit A; and, WHEREAS, the Licensee desires a license to approve, authorize, and permit the construction, installation, and maintenance of the pathway, landscaping and related improvements within the easement area of the Drain in its course across Licensee's property and to make the pathway available to the public without charge for recreational activities, in the manner hereinafter appearing and under the terms and conditions hereinafter set forth; and, LICENSE AGREENffiNT - Page 1 ( WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree each with the other as follows: 1. PURPOSE OF THE LICENSE; OWNERSHIP AND CONTROL THIS LICENSE AGREEl\1ENT PERTAINS ONL Y TO THE PORTIONS OF THE DRAIN AS SHOWN ON EXHIBIT B AND DOES NOT APPLY TO ANY OTHER PORTION OF THE DRAIN, ANY TRIB'UTARY TO THE DRAIN OR TO ANY OTHER PART OF THE IRRIGATION AND DRAINAGE SYSTEM OF THE DISTRICT. THE LICENSEE EXPRESSLY ACKNOWLEDGES THAT THE DISTRICT7 BY ENTERING INTO THIS LICENSE AGREE~NT~ IS NOT MAKING A COIvllvfITMENT TO APPROVE, AUTHORIZE OR PERMIT ANY OTHER ENCROACHMENT, MODIFICATION_ OR ALTERATION OF ANY OTHER PART OF THE DRAIN OR THE IRRIGATION OR DRAINAGE SYSTEM OF THE DISTRICT. The purpose of this License Agreement is to approve, authorize, and permit the constructio~ installatio~ and maintenance of the pathway, landscaping, and related improvements within the easement area of the Drain in its course across Licensee's property, and permit Licensee to make the pathway available to the public without charge for recreational activities. The pathway to be used by the public is hereby designated as the Fothergill Greenway. The authorized uses of the Fothergill Greenway are limited to walking, jogging, and riding bicycles or other human-powered vehicles or devices. Authorized uses shall not include horseback riding, fishing, hunting, or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by Licensee of the pathway, landscaping, and related improvements or by the District for District purposes, or for access by handicapped persons with motorized wheelchairs or comparable equipment for access by handicapped persons. The License herein provided is at all times subject and subservient to the commitment of the easement area and the Drain to the drainage and irrigation needs of the District. 2. REPRESENTATIONS BY THE LICENSEE The Licensee acknowledges that the covenant by the Licensee to indemnify, hold harmless and defend the District from claims as hereinafter set forth is an essential and material consideration for the granting of the license for the Fothergill Greenway. As part of the inducement for the District to enter into this License Agreement the Licensee represents and warrants unto the District that the Licensee has the authority, capacity and financial ability to indemnify, hold harmless and defend the District from all claims arising from the Licensee's operations or activities on or in connection with the Fothergill Greenway, or arising from the use of the Fothergill Greenway by any member of the public, and the Licensee expressly agrees to indemnify, hold harmless and defend the District from all such claims, in addition to or redundant of the indemnification, hold harmless and defense LICENSE AGREE~NT - Page 2 provisions of sections 4.Q and 7 of this License Agreement. The provisions of this section shall not apply to uses of the easement area by the District's employees, agents or contractors to access, operate, maintain or repair the Drain for District purposes. 3. CONSTRUCTION AND REPAIR Construction and recreational activity by the Licensee and any members of the public shall be performed or conducted in accordance with the conditions herein stated. Any improvements or facilities installed or constructed on the easement area by the Licensee shall be constructed, maintained and kept in repair and kept clean at all times by the Licensee and at the cost and expense of the Licensee. It is further acknowledged and agreed that the pathway, landscaping, and improvements authorized and allowed to be installed or constructed on the easement area by this License Agreement, were, and have bee~ constructed and installed by Licensee's predecessor in interest when it o\V11ed the land described in Exhibit A; that the District has had an opportunity to view and inspect the pathway, landscaping, and improvements, and by entering this Agreement approves and authorizes their construction, installation, and maintenance within the easement area. The provisions of this section pertain to construction, maintenance, and repair and otherwise establish a duty owed by the Licensee to the District only, and this Agreement does not intend nor does it provide that this duty is owed to any other entity and! or perso~ and specifically this provision does not extend the duty of the Licensee to the public beyond the provisions of Idaho Code Section 36-1604, which are incorporated herein by this reference. 4. SPECIAL CONDffiONS AND REQUIREMENTS In order to protect the District's right and responsibility to access, operate, maintain, and repair the Drain, and to ensure that the license herein granted does not interrere with that right ~nd responsibility, the following conditions and requirements of the Licensee are provided. A. The Licensee shall prepare and install a readily visible sign (the "signs") at each end of each segment of the Fothergill Greenway, advising the public that the primary use of the easement area is for drainage and irrigation water and that use for Greenway purposes is by the consent of the District. B. The size of the signs, and the material painted, printed or otherwise displayed thereon, shall be as shown in Exhibit C, attached hereto and by this reference made a part of this Agreement. c. License shall take all necessary and reasonable steps to maintain the license premises so that trash or litter are not deposited and! or remain on the ground within the easement area or in the Drain. LICENSE AGREE11ENT - Page 3 ( D. The signs shall notify the general public that maintenance activities are necessary within the easement area and that the Fothergill Greenway may be closed from time to time for maintenance purposes. E. The signs shall notify the general public that persistent violations may result in cancellation of the Licensee Agreement and permanent closure of the Fothergill Greenway to public use. F. The Licensee shall adopt and enforce such ordinances as it deems necessary to protect the safety of the members of the public who use the Fothergill Greenway, ensure that members of the public comply with the terms of this agreement, and protect against interrerence with the District's use, operation, and maintenance of the Drain and the easement area. G. The Licensee shall exercise best efforts to prevent members of the public who use the Fothergill Greenway from violating the terms of this Agreement or any city ordinance regarding activity on the Fothergill Greenway. H. The use of motor vehicles or equipment except for law enforcement, construction, maintenance or repair by Licensee of the License Premises or by the District for District purposes, or access by handicapped persons using motorized wheelchairs or comparable equipment, shall not be permitted on the Fothergill Greenway. ~ I. The Licensee shall construct obstructions to unauthorized vehicles and equipment at the termini of each segment of the Fothergill Greenway. J. The hours of use for the Fothergill Greenway shall be from 30 minutes before sunrise to 30 minutes after sunset, and it shall be closed to use during all other times. K. The Licensee may spread and level any spoil removed from the Drain and placed on the easement area or, in the alternative, may transport the spoil to a sanitary landfill or some other authorized place of disposal. The District shall have no obligation to spread, level, or remove any spoil removed from the Drain and place on the easement area. L. For purposes of this License Agreement fences shall be considered as improvements, and no additional fences shall be installed on the easement area until the proposed location of any new fence has been staked on the ground and that location has been approved in writing by the District. M. This License Agreement does not authorize or give license to any use of the easement area for fishing, swimming, wading, boating, or any activity in the Drain itself The Licensee shall take appropriate action to prevent any such use of the easement area and any activity in the Drain. This Agreement shall not preclude the District from enforcing any prohibition against fishing, swimming, wading, boating or any other activity in the Drain or easement area that may be LICENSE AGREEMENT - Page 4 adopted by the District. N. Licensee shall not excavate, place any structures, plant any trees, shrubs, or landscaping or perform any other construction or activity within or affecting the Drain or easement area except as referred to in this License Agreement without the prior written consent of the District. O. The Licensee acknowledges and agrees that the License Agreement covers only the portions of the Drain described in Exhibit A, and does not authorize construction or installation of any facilities or improvements in or on any other portions of the District's drainage system or irrigation system. As further consideration for the granting of the License for the Fothergill Greenway, the Licensee agrees that it will obtain from the District a separate license agreement for the installation of any new improvements or facilities, or for the relocation of any existing improvements or facilities, in any other portion of the irrigation system or drainage system of the District, prior to the construction or installation of the applicable improvement or facility. P. The Licensee acknowledges that the construction of facilities and improvements on the easement area pursuant to this License Agreement, and the opening of the easement area to limited public use in accordance with the terms and conditions of this License Agreement, inevitably will cause an increase in the numbers of people present on the easement area and a concomitant increase in the opportunity for damage to the Drain and for depositing or discharging trash and other pollutants in the waters of the Drain. The parties acknowledge and agree that some of the conditions in Section 3, above, are intended to minimize potential impacts resulting from the anticipated increased usage of the easement area. Q. The Licensee agrees to construct and maintain any improvements or facilities installed or constructed by the Licensee on the easement area pursuant to this agreement in a safe condition to the end that the Drain and the facilities installed or constructed by the Licensee shall not constitute a hazard to any person or persons, and to indemnify, hold hannless and defend the District from all claims for damages of any nature arising out of the use of the Fothergill Greenway or any obstructio~ hazard or negligence in the construction, operation, maintenance and repair of said facilities or the failure of the Licensee to keep the same in a safe condition. The Licensee agrees to indemnify, hold hannless and defend the District from any damages the District or its landowners may suffer arising frOIl\ related to or in any way connected with the construction and maintenance of the facilities installed or constructed by the Licensee, or the use of the easement area by members of the public. 5. PRIOR APPROVAL FOR CONSTRUCTION OR INSTALLA nON The Licensee shall not construct or install any improvements or facilities on the easement area without first having obtained the written authorization of the District for each such improvement or facility. For purposes of this License Agreement, any activity which changes the then-existing physical condition or appearance of the Drain or the land within the easement area, or which adds to the easement area material of any kind from an external source, shall be deemed either an LICENSE AGREE1ffiNT - Page 5 improvement or a facility. In that regard, since the Licensee has located the path and completed construction thereofwithin the easement area and the District has had an opportunity to review and inspect them, the District hereby approves of their location, design and construction. However, construction or installation of any additional improvements or facilities shall not commence until the location of the applicable improvement or facility has been marked on the easement area with stakes, and such location has been approved in writing by the District. 6. NON-INTERFERENCE WITH DRAINAGE OR FLOW OF WATER Construction activity by the Licensee shall be accomplished at such times and in such seasons and in such manner as not to interrupt or interfere with the drainage of water into, or the flow of water in, the Drain, or with the carriage of water to any landowners of the District or other parties who might be entitled to the use of water flowing in the Drain. All operations of the Licensee within the Fothergill Greenway, including but not limited to maintenance and repair of the Drain, shall be conducted in such manner as not to intenupt or interfere with the drainage of water into, or the flow of water in, the Drain, or with the caniage of water to any landowners of the District or other parties who might be entitled to the use of water Bowing in the Drain. 7 . INDEMNIFICATION - DISTRICT LANDOWNERS AND THIRD PARTIES The Licensee agrees to indemnify, hold harmless and defend the District from .a11 claims of any of its landowners or third parties for damages from the impairment of drainage into, or the flow of water in, the Drain which may be caused by the construction and related activity of the Licensee or by the condition of any facilities constructed or installed by the Licensee or by any use by the Licensee or by members of the public at any time, or from the impairment of drainage into, or the flow of water from, the Drain resulting from the failure of the Licensee to maintain and keep in repair the facilities or improvements constructed by it in the Drain or on the easement area. 8. POSSffiLE FUTURE MAINTENANCE OF DRAIN BY LICENSEE; MAINTENANCE BY DISTRICT BEFORE GREENWAY PLACED IN USE The Licensee acknowledges and agrees that for various reasons the District has deferred certain maintenance work on the Drain for a number of years, including, but not limited to, removal of deposits of silt or sand from the channel of the Drain and removal of trees and bushes. The District will complete any deferred maintenance work it now or hereafter deems appropriate on any segment of the Drain before the applicable segment is placed in use as part of the Fothergill Greenway. No portion of the Fothergill Greenway shall be placed in use until the District has notified the Licensee in writing that the maintenance work for that segment has been completed by the District. It is expressly understood and agreed that this License Agreement does not modify or in any way affect the District's right to fully maintain the Drain and the easement area, including removal of trees and bushes and removal of spoil, and the Licensee agrees that it will not interfere with or attempt to prevent any such maintenance work by the District. The Licensee may submit comments to the District concerning any such maintenance work, but the District shall not be bound to any extent by LICENSE AGREENlENT - Page 6 ( those comments and shall not be required to take any specific action to consider those comments. The Licensee is authorized at any time during the existence of this Agreement to trim vegetation that the water superintendent of the District and the city engineer of the Licensee mutually agree is obstructing the use, enjoyment or safety of the Fothergill Greenway. 9. LICENSEE TO PAY ITS OWN EXPENSES; NO LIEN AGAINST DISTRICT'S PROPERTY All costs and expenses of every kind and nature whatsoever involved in the construction, installation, or maintenance of the Fothergill Greenway, landscaping, and related improvements or in the operations of the Licensee pursuant to this License Agreement, or in the public use authorized by this License Agreement, shall be paid by the Licensee and the District shall have no obligation or responsibility whatsoever for payment of any such costs or expenses. The Licensee shall have no right, power or authority to grant, allow or suffer any lien or any other charg~ or encumbrance of any kind against the District's right, title and interest in the Drain or the easement area. 10. REMOVAL OF HAZARDS OR Il\1PEDl1\1ENTS BY DISTRICT The District reserves the right, at its option, to remove at any time any impediment to drainage of water into, or the flow of water through, the Drain, including any facilities constructed or installed on the easement area by the Licensee, and to remove at any time any hazards to persons or property which may arise by reason of any construction or installation by the Licensee or the recreational activity by the public. 11. INSPECTION AND APPROVAL BY DISTRICT The Licensee agrees' that the work performed and the materials used in any construction or improvement by the Licensee shall be subject at all times to inspection by the District and by the engineers for the District, aild that final acceptance of any item of construction work or installation or improvement shall not be made until all such work and materials shall have been expressly approved by the District. 12. DAMAGE TO INSTALLATIONS OR IMPROVEMENTS The Licensee agrees that the District shall not be liable for any injury or damage which might occur to the Fothergill Greenway, landscaping or any other improvements in the reasonable exercise of the rights of the District in the course of performance of maintenance or repairs by the District. The Licensee further agrees to suspend its use and public use of the easement area when the use of the easement area is required by the District for maintenance or repair under this or any other section of this agreement. LICENSE AGREEMENT - Page 7 ( ( 13. SURFACE DRAINAGE; POLLUTANTS; INJUNCTION; TERMINATION The Licensee acknowledges that its use of its interest in the property described in Exhibit ~ or public use of the Licensee's interest therein, might, either now or at some future time, cause an increase in the amount of surface water or ground water draining or wasting into the Drain. The Licensee understands and agrees that it has no right to drain or waste into the Drain more sutface or ground water than drains or wastes from the described property in its present state and condition. The Licensee further understands and agrees that neither it nor the public in general has any right to discharge pollutants, contaminants, debris or foreign material into the Drain, and the Licensee expressly agrees that it shall not cause, suffer or pennit any additional surface or ground water to drain or waste into the Drain nor discharge into the Drain any pollutants, contaminants, debris or foreign material. The Licensee expressly agrees that the District shall be entitled to enforce compliance with the provisions of this paragraph by tennination of this Agreement or by injunction and that violation of the provisions of this paragraph constitute irreparable damage to the District and shall be sufficient cause for issuance of a preliminary or permanent injunction. The right to such injunctive relief: and any other remedies set forth herein, shall be cumulative of any other remedies available to the District under the laws of the State of Idaho. If the Licensee or any member of the public using the Fothergill Greenway shall cause, suffer or permit any such additional water to drain or waste into the Drain or discharge pollutants, contaminants, debris or foreign material into the Drain, the District shall have the right to stop such additional water from draining or wasting into the Drain or stop the discharge of water containing such pollutants, contaminants, debris or foreign material into the Drain and the Licensee agrees to reimburse the District on demand for the costs and expenses expended or incurred by the District in stopping such drainage or wasting or discharge of such pollutants, contaminants, debris or foreign material, or water containing the same, into the Drain. If the public using the Fothergill Drain shall cause, suffer or pennit any additional water to drain or waste into the Drain or if the public shall discharge pollutants, contaminants, debris or foreign material into the Drain, the District shall have the right to stop such additional water from draining or wasting into the Drain or to stop the discharge of water containing such pollutants, contaminants, debris or foreign material, into the Drain, and the Licensee agrees to support the action of the District, and if necessary take criminal or civil action to stop such drainage, wasting, or discharge of such pollutants, contaminants, debris or foreign material, or water containing the same, into the drain 14. ATTORNEY FEES FOR ENFORCEMENT Should either party incur costs or attorney fees in connection with efforts to enforce the obligations of the other party under the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. LICENSE AGREEMENT - Page 8 15. NO Il\1PAIRMENT OF DISTRICT'S RIGHTS The parties hereto understand and agree that the District has no right to in any respect impair the uses and purposes of the inigation and drainage works and system of the District, by this contract, nor to grant any rights in its irrigation and drainage works and system incompatible with the uses to which such inigation and drainage works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 16. LICENSE INFERIOR TO DISTRICT'S RIGHTS Nothing herein contained shall be construed to impair the easements of the District, or to limit its rights of access to the Drain or the easement area for all purposes, and all uses of the Drain or the easement area for the construction and recreational activity of the Licensee and the public, and the license herein give~ shall remain inferior and subseIVient to the rights of the District to the use of the Drain and the easements for the purposes for which the Drain was constructed and the easements were obtained. 17. WATER RIGHTS; TERMINATION Nothing in this agreement shall create or support any claim to a water right in Licensee or any other party or the general public for use of the waters of the Drain for any purpose. The filing of an application for a permit to appropriate the waters of the Drain or any tributary thereot: whether surface water or ground water, or the filing of a request for the Idaho Water Resource Board to consider the appropriation of a minimum stream flow under ~ 42-1504, Idaho Code, for the portion of the Drain covered by this License Agreement, shall constitute absolute and unconditional grounds for immediate, unilateral, and complete termination of this License Agreement by the District, without prior notice to the Licensee. Licensee acknowledges that the District does not regard the Drain or any portion thereof as a natural stream whose waters are subject to appropriation and Licensee acknowledges and agrees that all sources of the waters flowing in the Drain are fully appropriated. . The Licensee recognizes the right of the District to reclaim any surface waters or ground waters within the boundaries of the District for use or reuse within the irrigation system of the District, and acknowledges that the flow of water in the Drain may be diminished as a result of any such reclamation by the District. The Licensee shall not in any manner attempt to require the District to maintain any flow of water in the Drain. It shall be the responsibility of any adjacent or underlying landowner, of which the Licensee is one, who claims a stock water right to establish- his, her or its own water right, and the approval by the District of the installation of stock watering facilities shall not be construed as obligating the District to make water available from or in the Drain for livestock. LICENSE AGREENlENT - Page 9 ( ( 18. DEFAULT; NOTICE; TERMINATION In the event of the failure, refusal or neglect of the Licensee to cure any default in compliance with any term or condition of this License Agreement, within 30 days after service of written notice from the District stating the.particular default or breac~ then the license of the Licensee under the terms of this Agreement may be terminated by the District, and all facilities or improvements on the easement area shall be removed promptly by the Licensee following such termination, and if not so removed by the Licensee within 30 days after terminatio~ the District may remove those facilities or improvements and shall be entitled to reimbursement from the Licensee for the reasonable cost of such removal, to be paid within 30 days after written notice of the amount of such costs. 19. NO ASSIGNMENT; SUB-LICENSE The Licensee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. The Licensee shall have no right, power or authority to issue a sub-license to any person or entity without the prior written approval of the District, which approval shall be entirely and unconditionally optional with the District. 20. APPLICABLE LAW AND JURISDICTION UNAFFECTED BY LICENSE Execution of this License Agreement does not extend the application of any statute, rule, regulation, directive or other requirement (collectively "regulation"), or the jurisdiction of any Federal, State, or other agency or official (collectively "agency") to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities. In the event the District is required to comply with any regulation or is subject to the jurisdiction of any agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, the Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such regulation or the assertion of such jurisdiction. The District shall give the Licensee notice prior to invoking the provisions of this sectio~ including whether the regulation and/or jurisdiction should be challenged. The Licensee shall give written notice to the District within 21 days thereafter of its intent to challenge. If the Licensee elects to challenge, then the Licensee shall be allowed to assert all legal rights of the District and/or the Licensee'to challenge subject to the Licensee's duty herein to defend and hold the District harmless. The parties agree that, in the event the Licensee does not elect to challenge, each shall then have the option to elect to tenninate this License Agreement. If this termination option is exercised, the party seeking to terminate the agreement shall give the other party 30 days written notice of intention to terminate. During the 30 day period, the parties shall discuss their positions on the matter. This Licensee shall then be terminated at the end of the 30 day period unless the party exercising the option provides a written notice of retraction of the notice to terminate within the 30 day period. LICENSE AGREE:MENT - Page 10 ( 21. WAIVER; CATCHLINES; CONSTRUCTION; BINDING EFFECT The Licensee expressly waives and disclaims any right to assert estoppel or waiver against the District with respect to any act, course of conduct or omission by the District concerning the Drain, the easement area, or the activities of the Licensee or the general public pursuant to this License Agreement. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of the Agreement, and are not intended to be aids in interpretation of any provision of the Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. The covenants, conditions and agreements herein contained shall constitute covenants to run wi~ and running with, all interests of the Licensee in the lands described in Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of the~ and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. This Agreement ~oes not create or confer any rights for any individual member of the general public or any group within the general public. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto caused its municipal name to be subscribed and its seal to be affixed by it officers first thereunto duly authorized by resolution of its City Council, all as of the day and year herein first above written. LICENSE AGREENlENT - Page 11 ( NAMPA & rvtERIDIAN IRRIGATION DISTRICT By Its President ATTEST: Its Secretary THE CITY OF rvtERIDIAN ATTEST: ,\\\f\14tHlI1111 J \,\ C ~.tr- III '-,,~ '__1. 0'1 J~~:p I....~,,/: ,," ~-,. ~'.:#ltl ~, 9- I" 0- J;p?90i?1 ~ ~~ \ - ~ 2 ; S~\L , C'.:: approved by City Council 3~2- Q ~ 0 ~ ~.,<) ~i 1S~ · ,~~ ~":- ~; ~1 \f) ~.f' ,~..... ....."..;',11~ COUt..ff'l · .... \\,,-,, flll \\' IllttUH t1\\\\\ LICENSE AGREErvtENT - Page 12 (- ( STATE OF IDAHO ) ) S5: County of Canyon ) On this _ day of , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared and , known to me to be the President and Secretary, respectively, of NAMP A & ~RIDIAN IRRIGATION DISTRICT, the rogation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Nampa, Idaho My Commission Expires: STATE OF IDAHO ) ) 58: County of Ada ) (ld tlvt . On this L day of '1 ' ~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 Clerk, respectively, of THE CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate,,~. st above written. ~..' t; ~~ ~ ~ .., ,.....,..... r ~, 'v-..J ~", ~#~ ~", O~L L. 3./~~"#. Notary ublic for Ip ho ~",,~ ~~ ........... 'O(~n. , J ~ ".. · V. ~_ Residing at icz.~ ....- ... i I ~ 0 T A.R r e, \ My Commission Expires: : *: ~.- '*: : : : = .. . he. ~ -:. O..f"" UB L \ .. ~ ~-<p. · ~ ~ -l> o~~ ...A.~O :' ~.,~ <1:r "(1".....- ~~7 ~~ .,##~ S 0 F \\) ~..... 1'#"" I!J 21......G., LICENSE AGREENlENT - Page 13 '-- 9YOSr< 38 o 0.. II f"\o . A Plpneo( Caplpany t : . J~ D li ~. C;. r\ t COR D E R j. D A './ I D i 1;\ V /\ ~ R 0 B 0 I S E III :n.E cO. NE.E.R 1\ Telephone (208) 377...2700 ?\O '9~ SEP 30 o. PPl 3 18 FEE '3 '~_i)i..~tf) RECORDED :.r lliE ~~ PIONEER TfI:LE C()MP ANY OF ADA COUNlY 888 North Cole Road I Boise, Idaho 83704 / DP ACCOMMODATION WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED SARA L. EWING, AN UNMARRIED PERSON; AND JOHN R. EWING, A MARRIED PERSON AS HIS SOLE AND SEPARATE PROPERTY. Grantor S ., do hereby grant, bargain, sell and convey unto CITY OF MERIDIAN the Grantee , whose current address is: 33 E . IDAHO, ME RID IAN, I D 83642 the following described real property in ADA' County, State of Idaho, more particulary described as foIIows, to-wit: LOT 1 BLOCK 13 OF FOTHERGILL POINTE SUBDIVISION NO.1 ACCORDING TO THE PLAT THEREOF. FILED IN BOOK 65 AT PAGES 6639 AND 6640, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , and Grantee heirs and assi gns forever. And the said Grantor sio hereby covenant to and wi th the said Grantee , the Grantor s are the owner s in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made. suffered or done by the Grantee ; and subject to reservations, restrictions, dedications, casements. rights of way and agreements. (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any). for the current year, which are not yet due and payable, and that Grantor s will warrant and defend the same from an lawful claims whatsoever. Dated: MAY~.3. ~ 1994 ~4l' /: ~~/ SARA L. EWING STATE OF -IDAHO , County of ADA , S5. On this 01 ~ day of MAY LESJ.TR n POTT~ sonally apPlN"rd'..:i~--EWTNa ANn .JOHN R RtJTNa known QI'lt\IRifJl:.dp:AfiPtJ,to be the person BJYhose name 1L- Rt'A ackn~~itM~.ftts4!~~exccuted the same. ~ f..J v;,it - _ <P ... ! !- ~OTA~r ..~ % , ~~ d ~ -*. . .. . : : : * : Notary.Public:~./ ~ - -.P C - .. . -;. . .. U n L \ -..: ~ Residing at: RO \ <P~ ...I)n QOo~\..O .....~ My Commission EXpl es: 3/8 /?OOO "', ~ J" ..ft,..r,l) lot~'" ..... "" 11 -: 1 P t"' ~~..... "trrell" , in the year of 1994 , before me , a notary public, pcr- subscribed to the within instrument. and Exhibit A. -..... ..~ : ~ :~. ~....,,:; 1\.::;. ...- r 1fJ_ . -I~-~W" ;~~~~;~~ ~~ ,~~, " __.... .~""~.. '1i&.. - '. Exhibit B, page 1 ~ ~ E5 CD r--- ?" 0 ~Q~ U~~ ~~O'l U1 (f) , <( 0 W'7Z S~~ o 3: a. (f)ZU Co a) cO CO o 3: ~ _1"1 to '<1- en CD U') v ........... :?; Z '<1-. , '-....:i -cri ~ . lI1w ELi z - 52 02 :: t- Q1 . - V1cD X ~ ~ jz 4: .~ ~ ~g~ ;t :Ju, (jj 0 W "0 co V1 V') u... U1 / ") "') r o W I- ..... <( ...J 0... Z =:l n o =. ::E cri r W n::ci~ ~i-~ Cl:::r-r)"l;f' 8~~ ~CD , ............ 0 ~aZI.O t;0~;; ~rx~~ '] - l-'Cj 'Jr\ - L - 'Cj W Ii o ~ /- <! -1 a... Z ::> :I: () I- I.JJ ~o CI)~ t >-~ ~~ c::: ::> en 3nN3l\V lNO~HOW1 .N 3nN3l\V NVOStU .N 3nN3\V ~VAOA .N 3nN3t\V ~HOI~ .N (!)t=' ~~ Z:2 C5=> I.tJ Z I mo w~ ~~ ~ I- Z ~.. z~ ~~ ~ Q. cn~ ;J ,L 6 ~ r L ~; J'L'L9 r t ..J zW. ~ ~~ (aU -:.- ..0 l,{) 0 :- t"} . cD -.J ~ ,r---m (j) ,OO'OL to N to N ,00'06 ~ w ....~ ~ '0 <?u N vO g 0 f=) g ....-.J 01 ID ~ ,t L'l6 M"c;l,9l.OON o d a ~ .5Vt9 in N ,St'lS M "g ~, in N ,yL '~9 :-f"') 'f-..-. d ~ N ~~O (0 0 ..... -1 ~ m ,gg'~~~ (; M,S L,9Z.00N o I~ ,<;:L'SL Ln N ,GeTl l in M.. S t, 9Z.00N N ,9STL <'cO 0 N ci~ N 'co LaJ ~O ,..... ai 0 ,...... . --l 0 OJ ,6L T6 ~ 3..S t,el.OOS '0) ;.., ex) 0 N d 0 r- eo en ;? , LO'vL in N ,6erZ L in M,S L,9l.00N N ,9~'<;:L ~ ~o o<? zO v ~1 O>~ ao o --.J CD ~ ~6'C])ON ~ ,SL T6 J,,~CL l 00~'J ,;S'9L w o ~ o ai Ii) 0 en a,') (f) N ,ll'L6 ,6Z "6(';('; 3,S t,8l.00S , t 6 'gO l 3" <; L, Sl.OOS ~ ~ tl) _v N ~ ;;; S? en II) U1 r~:J ~'J a ;;1 ::: rV (; w ~ 0 ~ I g '),fl, m..... CJ ~ ~ ze "0 o v >- ~ Q:: .... :::> 00 8 ~ i co Exhibit B, ''-- , -: L "S~'~ i./v l 133HS~- US ( wu (J1l..L. \ ..0 ~\ 't ,or;. \ ~ (j 611'g('T J'Z'LOt .L 9'~L <D ~ LO ,L6T6 n 0/ OJ CX) !{J 0' 0:> ,l6'Sl.L M..9v,9r.rON .w ;.... to lO .1l1 OJ :; to <D en co Z w 4 (,'1- ~ I I ~ ~~ /~I ~ I a; ;,- g "'1-:..- (() ,.r') ~ en co z N --> ~ ~ ..... .-::.. ~ -.:..... ~ \;t os 4 ,r6-0Lr ---7~ OVO~ NVIOI~" ON ~'j 9Z'LLg page 2 3.Lr .9l..00 N JACKSOR DRAlR FOftBRGILL GRBBB1fAY PUBLIC ACCESS PBRMI~ FROM 30 HIBU'rES BBPORB StJIIRISB ~ 30 HIBItnBS U"rBR susSS': RO H~RIZBD VBBICLBS (BXCBPr FOR BABDICAP USE) 110 LI~HG NO FISHING, SWIMMING, BOATING, OR WADING 80 HORSES USE OF mE GREBBlfAY IS BY COHSBB'J! OF mE RAMPA & MBRIDIAR IRRIGA~IOR DIS~IC~ ABD ~ CIn OF MBRIDIJUI fte priJaary Purpose of ftis Area Is Por Drainage and Irriga~ioD Wa~.r and Periodic MaiD~.Dance Hay R.8ul~ in Closure of the FotJl.rgil~ Greell1faY frail ~t.e t.o ~iJae .:I..J .~ ....-#' .. , I,:, ... PBRSIS~ VI~OBS or Dr ROLBS. MAX PORCB A pmum.I5.~ CLOSURB 01' ~ FO:I:JU5KGILL GKSbftar m PUBLIC tJ8K Exhibit C ,~ ( ( CER TIFI CA TE 0 F CLERI( OF THE CITY OF MERID IAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the lavvs of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the custodian of its records and minutes and do hereby certify that on the 2~/.J day of hlMdt-, ,1999, the following action has been tal<.en 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 "LICENSE AGREEMENT", DATED THE 2tVtJ DAY OF frz,tVLd-, , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND NAMPA & MERIDIAN IRRIGATION 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 NAMPA & MERIDIAN IRRIGATION DISTRICT, denoted as "LICENSE AGREEMENT" a copy of which is attached hereto marlced as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN ( NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and ClerIc are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with NAMPA & MERIDIAN IRRIGATION DISTRICT entitled "LICENSE AGREEMENT" a copy ofyvhich is attached hereto marl(ed as Exhibit "A" to this Resolution and to bind this City to its terlTIS and conditions. . \ \ \ \' \ \\1 If ; r 11 f!f II, \\t ~c. t. fr::~ . '1.1 ,~ ~ l, J'f &~~:"'''..r~\.;',.. "/;'J -, ",. ..... 1 '., - it iF"" .....v ~U'" __:l"'I""-<,,,, \."r..::..:~... "-":-'" ~ a c.-pf"tb # ~>:> ~,~;;t 'l... ..... C~-l'~ .....V'Jt, ~ .. V" , ~ "" . ...G ,,-:;:... .... '" 2 ~ ~o ~ ~ - - ~ - - ~::-~ SKfiL ~ WILLIAM G. BERG, J ~- c== .",. V~.J qj .;:- ~ -'f!I """Un ~ ~ ..,9,....-:,-- ~ '0 "l/ 15 \ · ~'" y.... ....// :..J"J ~5"': ';(' ,,-'- STATE OF IDAHO~/"'/'>I?O~rri · \:~\'''''' I111 t~: \' s~ ~H\\ County of Ada, ) iSS-H- day of lfYb.Acl-- , in the year 1 999, before me, , a Notary Public, appeared WILL G. BERG, JR., l<novvn 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. tr.'~ .,.......,' ,..., L '#~ ,,~\~~u~L · S'/A:##4! ~ ~ ( ~.. 'b-.'Y' 0........ ""7:^ ~~ J ~ \.' e-a -. U' "-. ~ ~ . ~ ~ i l ~OTA~r \ \ ' ( (YLI) !~) -.- ! * : Notary P lie for Ida:llilho t \ \. .PUBL\C; j Commission Expires: 0 IS ;).()()'\ ~. ~ ~ ~ ~ 1.P').. e. .e 0 ~ '", ~ "e. .._ ~.Q;. ~ msg~~.$1~M~{ji)ti~'{y File\Resoultions\LICENSE AGREEMENT NAMPA & MERIDIAN IRRIGATION DIST.wpd , 4t##1 U pn}.. ,,~~ ~ "8'".."", CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 2 ( J' MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT: CONSENT AGENDA AGENDA ITEM NUMBER: A REQUEST: FOTHERGILL GREENWAY LICENSE AGREEMENT AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 2/16/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED AGREEMENT CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: NAMPA MERIDIAN IRRIGATION: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITIEE: 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. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 2 Corrie: Motion made by Mr. Rountree second by Mr. Bird. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Mr. Bentley would you want to hear H now, or would you want to it at the end? Bentley: We could do it now because I don't really think it's going to take too long as far as I'm concerned. Corrie: Okay we have item H then for discussion of Fothergill Greenway License Agreement Resolution #214. Mr. Bentley. Bentley: Thank you. Mr. Mayor my concern with this is in section F it discusses that the licensee shall adopt, that's on page 4, licensee shall adopt and enforce ordinance as it deems necessary to protect the safety of the member of the public to use Fothergill Greenery and ensure that the members of the public comply with the terms of this agreement protect against interference with the district's use operation and maintenance of the drain, and it further states you know we have to - in G we to protect for the violations for the terms of the agreement on the remaining part of the greenway. My concern is I was speaking with Chief Gordon, he has not seen this and since this is a document that he has to effect protection of, I think he needs to have a review of it. Corrie: Okay Chief would you like to review that and have that back in two weeks then. Would that give you enough time? Gordon: Yes, sir. Bentley: I was wondering if the Counselor had anything he needed to - Corrie: Okay, Mr. Gigray. . Gigray: Mr. Mayor, Councilman Bentley and members of the Council and Chief, I just wanted to provide you with some information. The reason that provision is in there and I think it's good that the Chief review the agreement, I'm not arguing against that at all, is that it is anticipated that we would probably at some point move forward with the passage of some kind of ordinance yet undrafted that would provide an appropriate way for an ordinance wherein if persons were engaged in activities in these greenways, it would give us an opportunity to cite them for those activities and deal with them in that fashion rather than to have to get to an issue of saying well you're trespassing. Since we're opening this up to a license and that we would move forward with some kind of park ordinance that would create a misdemeanor if someone violates some of these terms, but we would be of course working with the Chief on any of those ordinances. t. r MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 3 But that was the basic thought process and I'd also mention one of the concerns and I think that your comments are very important because it is important. The City is not to incur additional liability on the part of the City by entering into this agreement, and we've been very careful in this lease agreement. In fact there were a number of revisions that we requested that Nampa Meridian agreed to include in this agreement is one that no other party is a third party beneficiary of this agreement to claim that we are assuming liability beyond the protection and the limited liability that we are already afforded under that statute in title 36 and that we have drafted this tightly around the provisions of title 36. The statute to ensure that those protections are afforded the city so I just want to provide that for information and give the Chief an opportunity to review before the Council meeting and that's an excellent idea and get his input. Bentley: Okay with that in mind, I move that we table to the March 2nd meeting the Fothergill Greenway License Agreement so to give the Chief a chance to review. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to move item H that was on the consent agenda Fothergill Greenway License Agreement to the March the 2nd meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 1. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF. 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2- WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: Corrie: At this time I'll open the public hearing and hear from staff. Shari. Stiles: Mr. Mayor and Council, I believe the primary reason this was tabled was to come up with a solution for access to the site, and I believe the school district is prepared to present what they've come up with on that issue. Corrie: Any other from staff comments? Stiles: I would like to add to my previous comments on this project. They're just proposing the annexation and zoning at this time, but since then we've met with the Idaho Transportation Department and they indicate that they would like since this abuts the half mile mark on Eagle Road, they would like a roadway at that location, and we'd have to work out the details of that as part of the site plan review. Bentley: Mr. Mayor, Shari, now you're saying they want a roadway to go into the school? Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 · Fax (208) 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and correct copy of ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITESTONE ESTATES NO.3 was mailed to: WHITESTONE DEVELOPMENT CO. 8850 N. GADWALL BOISE, IDAHO 83714 properly enclosed in an envelope, with postage prepaid, on this 1 st day of April, 1999. ~J ~.Jlmv Deputy ity CI k Copy: Shari Stiles, Planning and Zoning Gary Smith, Public Works BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF WHITESTONE DEVELOPMENT ) (FP-99-001) COMPANY, LLC, APPLICATION FOR FINAL) ORDER OF CONDITIONAL PLAT FOR WHITESTONE ESTATES NO.3) APPROVAL OF FINAL PLAT SUBDIVISION, NORTH OF WALTMAN, ) SOUTH OF W. FRANKLIN, WEST OF 5. ) LINDER ROAD, MERIDIAN, IDAHO ) This matter coming before the City Council for Final Plat approval pursuant to S 11-9- 604 H Municipal Code of the City of Meridian on the 16th day of February, 1999, and again on March 2, 1999, and the Council finding that the Administrator Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, listing 8 General Comments and 9 Site Specific Comments, which are herein found fair and reasonable, and Keith Jacobs of Pacific Land Survey appearing after Shari Stiles, Planning and Zoning Administrator, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1.) The Final "Plat of Whitestone Estates Subdivision No.3" as evidenced in Plat bearing the job reference, ACAD. DWG. FILE \549340\WHI3SUB1, DATE: DECEMBER 31, 1998, SHEET 1 OF 2, PACIFIC LAND SURVEYORS, is Conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITESTONE ESTATES NO.3 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 and Shari Stiles, Planning and Zoning Administrator, dated February 24, 1999, listing 8 General Comments and 9 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "AU and by this reference incorporated herein. 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 and 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 issued guaranteeing the completion of off site improvements. By action of the City Council at its regular meeting held on March 2, 1999. Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. Dated: ) ~ -2 --9r ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITESTONE ESTATES NO.3 (- MERIDIAN CITY COUNCIL AGENDA 1. PRESENTATION OF RESULTS OF THE HEAL THWISE COMMUNITIES PROJECT BY NANCY NADOLKSKI: /Irn.!J ~1\J1.sH 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2 - WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: ~V~ 3. TABLED FROM 2/16/99: CONDITIONAL USE PERMIT FOR 24,560 SQUAR,E FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE (MIDV ALLEY BUSINESS PARK) BY HUBBLE ENGINEERING - NW OF EAGLE ROAD/I-84 INTERCHANGE, WEST OF TEXACO: -la-treL ~ ~u- I,G ~ ~ 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING, 1 TRI- PLEX, AND 4 FOUR-PLEX UNITS FOR PROPOSED SEABURY SUBDIVISION BY WEST PINE DEVELOPMENT - BETWEEN W. PINE ST & W. BROADWAY AVE, EAST OF W. FOURTH ST: ~v-<- as ~ 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 21.54 ACRES FOR PROPOSED THOUSAND SPRINGS VILLAGE BY MARTIN DEVELOPMENT INC.-NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE ROAD: t:lffT'PV'..c.- 6. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE-SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: ~hJV'L 7. TABLED 2/16199: FINAL PLAT FOR WHITESTONE ESTATES #3 BY WHITESTONE DEVELOPMENT COMPANY LLC - NORTH OF WALTMAN, SOUTH OF W. FRANKLIN, WEST OF S. LINDER ROAD: ~P;//7lV~ 8. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS BY BRUCE A. BENOIT D/B/A BARISTAS ESPRESSO -1375 E. FAIRVIEW: aZC~11-o ~p~ -;PI-/' ~c/{. I tJ/iJ 9. WATER I SEWER I TRASH DELINQUENCIES: ~f1rvv~ 10. DEPARTMENT REPORTS: A. TOM KUNTZ: B. 1. AWARD BID - GENERATIONS PLAZA. tLl?/l:J(/,~ 2. 4 ACRE FARM LEASE AGREEMENT WITH VANCE JANICEK. tUJpv.e- ;bJ'r:>(/dJ~ 217 . {HJ 3. TREE MEMORIAL PROGRAM tf/'PVVU:- 4. PARKS AND RECREATION GOALS AND OBJECTIVES. 5. PARKS AND RECREATION FUND;&.F~~'-~ /2ese8,/)---PUJPf1~v~ C~./-Jr1: GARY SMITH: 1. TABLED 2/16/99: INSPECTORS CONTRACTS FOR MECHANICAL AND PLUMBING. (APPROVE BUILDING & ELECTRICAL. ~ ;-vV'...(./ 2. TRANSPORTATION IMPROVEMENT PROGRAM. ctpn'~ 3. USTICK WATER RESERVOIR DRAIN LINE LICENSE AGREEMENT.~V~ 4. ROARING SPRINGS WATER PARK SEWER AND WATER ASSESSMENT AGREEMENT. tulJl-k- WII1L jJt-'i-64:C- [,.UctLM CHIEF GORDON: I Mvdope--t-t.T {;-~ c. 1. POLICE BUilDING. c ~ ~ ItncLvz-f (/;J /. ~ re f f- M- F>--.e rf fz?h Pn- Ji-.fe 7;;. f!~ GlehK t3en..f-ley /... /Ju/l./?:&- ~ a- <M. j?a. Li ( MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 10A3 REQUEST: TREE MEMORIAL PROGRAM 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: ~iJ/ 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. ~er'C~ian Parks & Re(_ leatio~ 11 West Bower, Meridian, Idaho 83642 208 888-3579, FAX 208 898-5501 Memorial Tree Program The City of Meridian Parks and Recreation Department's Tree Memorial Program provides an opportunity for groups or individuals to purchase a tree and plaque in memory of someone special. We have designated specific types of trees and an area where the trees will be planted to start a memorial lane. The fITst memorial lane will run along Five-Mile Creek in Tully Park which is located at 2500 Linder Rd. between Cherry Ln. and Ustick Rd. The trees will help to create a beautiful shaded walkway. As we build additional parks, new memorial lanes may be added. The cost of a 3" caliper tree and 6" x 8" red granite plaque is $290.00. A tree can be purchased without a plaque for $230.00. Trees will vary between Autumn Blaze Maple, Emerald Queen Maple, Scarlet Oak and Northern Red Oak. They will be planted approximately 25 ft. apart with a black plastic border and filled with 1" diameter bark chip. Trees may be planted March through November depending on conditions. Maintenance of the memorial trees will be a high priority, and The City will be responsible for tree replacement for one full year. Memorial Plaques will be located inside the tree ring. There will be a map of the memorial trees located in Tully Park office and the Park Dept. Office at 11 W. Bower St. for those who would like to locate a specific tree. The Park Dept. office also has a sample plaque and pictures of the trees. Name: Address: Day Phone: Evening Phone: Number of Trees: Number of Plaques: Total: $ 6 x 8 Red Granite PIa ue - White letterin , 48 Spaces available For more information call (208) 888-3579 Z~4,~~. 'tf) t ~: BEFORE THE MERIDIAN CITY COUNCIL. IN THE MATTER OF THE APPLICATION ) OF MERIDIAN JOINT SCHOOL DISTRICT ) FINDINGS OF FACT AND NO.2, WEST SIDE OF EAGLE ROAD ) CONCLUSIONS OF LAW AND BETWEEN FAIRVIEW & USTICK ROAD, THE) DECISION AND ORDER APPLICATION FOR ANNEXATION AND ) GRANTING APPLICATION FOR ZONING OF12.21 ACRES, MERIDIAN, IDAHO) ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on December 15, 1998, at the hour of 7:30 o'clock p.m., and the Applicant, Jim Carberry appearing on behalf of the Meridian Joint School District No.2, having appeared and testified and the City Council having continued the public hearing to January 19, 1999, and the matter again coming before the City Council for public hearing on January 19, 1999, and it was therein requested to be continued and no one objecting and the same was continued until February 2, 1999, and the matter again coming before the City Council for public hearing on February 2, 1999, and it was therein requested to be continued and no one objecting and the same was continued until February 16, 1999, and the matter again coming before the City Council for public hearing on February 16, 1999, at the hour of 7:30 o'clock p.m., and a report having been received from Shari Stiles, Planning and Zoning Administrator, and the Applicant having appeared and testified by Kent C. Krohn, of Leatham & Krohn Architects of 1735 Federal Way, Boise, Idaho, and Jim Carberry for Meridian Joint School District No.2, for further clarification regarding the issue of access having been received from Gary Smith, City Engineer, and persons having appeared and FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL testifying to safety concerns for children crossing Eagle Road, and the need for access to the subject real property from other directions and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 15, 1998, 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 notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 15, 1998, and the same having been continued in open session to January 19, 1999, and again being continued to February 2, 1999, and again to February 16, 1999, at which time a continued public hearing on this matter was held and the Applicant, affected property owners, and government 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 - 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and SS 11-2-416E and 11-2-417 A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions 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, Ordinance No. 629 - January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 12.21 acres in size. The property is located on the west side of Eagle Road between Fairview and Ustick Road, Meridian, Idaho. 6. The Applicant is the record owner of the property and has filed a written request for annexation and zoning. 7. The property is presently zoned by Ada County as Rural Transition (RT), and is primarily open land. 8. The Applicant requests the property be zoned (R-4), Low Density Residential. 9. The Applicant has requested the annexation and zoning, and the application was not initiated at the request of the City of Meridian. 10. The subject property is located off of Eagle Road between Fairview and FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL Ustick, with the Carol's Subdivision to the north and west property lines. The proposed site of the subject property is adjacent to and west of Eagle Road. The proposed site is one-half mile north of Fairview Avenue. 11. The city limits of the City of Meridian are adjacent and abut on the west side of the subject property. 12. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 13. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 14. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 15. The Applicant proposes to develop the subject property in the following manner: Construct and develop a new Meridian Elementary School. 16. Traffic volume on Eagle Road is quite high and serves as a major interchange and north/south collector with Interstate 1-84. 17. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 17.1 The site is currently landlocked with no public road access. Access to the site is proposed and shall be contingent upon the applicant obtaining a right-of- FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL way and constructing a public road, which right-of-way shall also be used for public utilities in accordance with the standards of the Ada County Highway District which public road shall be in and run adjacent to the northwest boundary of the real property to the south of the subject property, a distance sufficient to provide access to the public streets within the Packard Subdivision in accordance with the approved plat thereof which is located in the parcel to the southwest of the subject real property, and as emergency access only to the subject property from Eagle Road, subject to Ada County Highway District requirements. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 17.2 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. 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. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 17.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 17.4 Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. Design, routing and appropriate easements need to be coordinated with the Public Works Department. 17.5 Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 17.6 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 17.7 Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. 17.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 17.9 Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 17.10 A development agreement shall be required as a condition of annexation. 17.11 Comply with requirements of ITO for State Highway 55 (Eagle Road) frontage. Submit to the ACHD a letter from ITD regarding said requirements prior to ACHO approval of a building permit (or other required permits). 17.12 Utility street cuts in the new pavement are not allowed unless approved in writing by the ACHD. 17.13 The Eagle Road Access Study identified temporary full-access intersection approximately 1 ,320-feet, 1 ,980-feet and 2,640-feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. Coordinate the access locations with ACHD staff. The site shall be designed to have full street access from the interior of the section. 17.14 As required by ACHD policy, restrictions on the width, number and locations of driveway, shall be placed on future development of this parcel. 17.15 The Applicant obtain written approval from the appropriate entities, .for the central sewage and central water plans. 17.16 The developer must contact John P. Anderson or Bill Henson at the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 17.17 Applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site.. 17.18 Applicant enter into a development agreement that provides in the event the conditions are not satisfied by the developer that the property shall be subject to de-annexation with the City of Meridian. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 17, and all subparts, 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 following are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance 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 existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors: 19.1 Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 19.2 A development agreement may be required as a condition of annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 19.3 The site is currently landlocked with no public road access. Access to the site is proposed and shall be contingent upon the applicant obtaining a right-at-way and constructing a public road, which right-at-way shall also be used tor public utilities in accordance with the standards ot the Ada County Highway District which public road shall be in and run adjacent to the northwest boundary of the real property to the south ot the subject property, a distance sufficient to provide access to the public streets within the Packard Subdivision in accordance with the approved plat thereot which is located in the parcel to the southwest of the subject real property, and an emergency access only to the subject property from Eagle Road, subject to Ada County Highway District requirements. The access location also should be considerate ot the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 19.4 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. 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. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 19.5 The Eagle Road Access Study identified temporary full-access intersection approximately 1,320-feet, 1,98D-feet and 2,64D-feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. Coordinate the access locations with ACHD staff. The site shall be designed to have full street access from the interior of the section. 19.6 As required by ACHD policy, restrictions on the width, number and locations of driveway, shall be placed on future development of this parcel. 19.7 Applicant enter into a development agreement that provides in the event the conditions are not satisfied by the developer that the property shall be subject to de-annexation with the City of Meridian. 20. It is the policy of the City Council that agreements are difficult to enter,into prior to annexation ordinances being passed; as such the Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL Commission recommends that if the City Council deems a development agreement necessary such agreement should be entered into prior to the passage of an annexation and ordinance of zoning designation and prior to issuance of any building permits. 21. The Applicant's requested zoning of the subject real property as Low Density Residential (R-4) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 22. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 23. The development of the property as a (R-4) Low Density Residential District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (R-4) Low Density Residential District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 24. There are no major or scenic features of major importance that affect the consideration of this application. 25. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 25.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2/ ELEMENTARY SCHOOL achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 25.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 25.3 School and subdivision developments will be jointly planned and sited to insure mutual benefits and neighborhood identity. 25.4 The application is consistent with Meridian's self identity. 25.5 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a, self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 25.6 Compliance with the requests of the Political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 25.7 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 26. The property can be physically serviced with City water if the Applicant extends the line. 27. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights- of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and ~ of all other adjacent Public right-of-ways. The legal description shall be prepared by FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 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. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex 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 Section 50- 222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975" codified at Chapter 65, Title 67, Idaho Code by the adoption of "Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 2. Under SCHOOL SITING GOAL STATEMENT at page 13 School and subdivision developments will be jointly planned and sited to ensure mutual benefits and neighborhood identity. SITING POLICES at page 13 and 14 3.1 Schools should be planned with two concerns in mind: a. Schools should be protected from incompatible uses; and, b. Elementary and intermediate primary schools should be the focal point of community development. 3.2 School sites should be selected to avoid limiting physical features and other hazards detrimental to the safety of children and to the general operation of the school. 3.3 School sites should be reserved for future acquisition in advance of development of planned land use. Approval of subdivision plats may be withheld if adequate school facilities or sites are not available to serve the proposed subdivision. 3.4 School sites should be large enough to accommodate possible future building expansion and recreation needs. 3.5 New development should provide for adequate pedestrian and bicycle access for school children within residential neighborhoods to minimize busing. 3.6 Increased traffic should be discouraged on streets where existing elementary schools are located. 3.7 Widening and the general upgrading of streets should not be considered when it will have a negative impact upon schools. 3.8 Secondary schools Uunior and senior high schools) should have direct access onto a collector or minor arterial thoroughfare. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 3.9 The policy of sharing sites for parks with schools should be encouraged. 3.10 A vocational-technical school shall be encouraged to locate in the Urban Service Planning Area. Such a school should locate in close proximity to an Industrial Review Area and to an interchange of a primary or minor arterial with 1-84. 3.11 The City of Meridian supports the School District's investigation of the feasibility offees-in-lieu-of-Iand dedication by sponsors of new residential housing. Such fees would be dedicated to the acquisition and/or development of public school sites and facilities. 3.12U Coordinate City and School District efforts to identify and acquire future school sites and adjacent open areas. 3.13U Coordinate school site planning with adopted utility master plans prior to school site acquisition. 3.14U Share information between the School District and City staff regarding land development proposals. 3. Under TRANSPORTATION, Page 43 Existing Conditions 8. Eagle Road north of Overland Road is designated as a principal arterial. 4. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1 .1 All commercial and industrial developments should be reviewed by the City for adequate site planning. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / . MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Quality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 5. The requested zoning of Low Density Residential District, (R-4) is defined in the Zoning Ordinance at 11-2-408 B. 3. as follows: (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 likely to occur in accord with the Comprehensive Plan 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 maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 6. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which Idaho Code S67-6513, relates to subdivision ordinances, and provides as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. 7. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 8. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20) wide, and shall not be a part of the normal street right of way or utility easement. 9. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 10. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan. . . .; FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2/ ELEMENTARY SCHOOL 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 11. 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). 12. The development of the annexed 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 requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 13. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 14. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 15. As a condition of annexation and the zoning of (R-4) Low Density Residential, the Applicant may be required to enter into a development agreement as authorized by Sections 11-2-416 Land 11-2-417 D of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL the Applicant enter into a development agreement for the development of the subject property, condition of annexation, a condition of zoning (R-4) Low Density Residential, authorized by Sections 11-2-416 Land 11-2-417 D, Municipal Code of the City of Meridian. As an alternative to entering into a development agreement Applicant may be required to submit detailed site plans for review by the Planning and Zoning Commission or City Council for approval. 16. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: 16.1 If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 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. Applicant prepare the legal description for the annexation included in the application with legal description which references the recognized government corners. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal descri,ption for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-4) Low Density Residential District Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian which provides for the following conditions of development to-wit: 3.1 The site is currently landlocked with no public road access. Access to the site is proposed and shall be contingent upon the applicant obtaining a right-of- way and constructing a public road, which right-of-way shall also be used for public utilities in accordance with the standards of the Ada County Highway District which public road shall be in and run adjacent to the northwest boundary of the real property to the south of the subject property, a distance sufficient to provide access to the public streets within the Packard Subdivision in accordance with the approved plat thereof which is located in the parcel to the southwest of the subject real property, and as emergency access only to the subject property from Eagle Road, subject to Ada County Highway District requirements. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 3.2 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. 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. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 3.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 3.4 Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. Design, routing and appropriate easements need to be coordinated with the Public Works Department. 3.5 Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3.6 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. 3.7 Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. 3.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 3.9 Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 3.10 A development agreement shall be required as a condition of annexation. 3.11 Comply with requirements of ITO for State Highway 55 (Eagle Road) frontage. Submit to the ACHD a letter from ITD regarding said requirements prior to ACHD approval of a building permit (or other required permits). 3.12 Utility street cuts in the new pavement are not allowed unless approved in writing by the ACHD. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 3.13 The Eagle Road Access Study identified temporary full-access intersection approximately 1 ,320-feet, 1 ,980-feet and 2,640-feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. Coordinate the access locations with ACHD staff. The site shall be designed to have full street access from the interior of the section. 3.14 As required by ACHD policy, restrictions on the width, number and locations of driveway, shall be placed on future development of this parcel. 3.15 The Applicant obtain written approval from the appropriate entities, for the central sewage and central water plans. 3.16 The developer must contact John P. Anderson or Bill Henson at the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. 3.17 Applicant enter into a development agreement that provides in the event the conditions are not satisfied by the developer that the property shall be subject to de-annexation with the City of Meridian. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of this Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL 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 annexation and zoning 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 February 16, 1999. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ VOTED ~ VOTED~ VOTED~ VOTED COUNCILMAN RON ANDERSON COUNCILMAN CHARLIE ROUNTREE COUNCILMAN GLENN BENTLEY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 3~ 2 -- qq MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. Dated: 3- Z -'11 msg\D:\MyFiles\Meridian City File\Meridian Joint School Dist. No.2 (AZ)\AZ. FFCL.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL RECEIVED MAR - 2 1999 aTY Of MERIDIAN ( ( RESOLUTION NO 2! B BY: 6'ie'h1L &~Ie?j t~& Cof/Vrt-cZL /J1~I?'l~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ATTACHED EXHIBIT "A" AGREEMENT FORM; GRANTING THE AUTHORITY TO THE PARKS AND RECREATION DIRECTOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AGREEMENTS ENTITLED "INDEPENDENT CONTRACTOR AGREEMENT" AND "RENTAL AGREEMENTS" BETWEEN THE CITY OF MERIDIAN, LESSEE, AND THE CONTRACTOR, LESSOR. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: FINDINGS: WHEREAS, the Council finds that an integral part of the programming of the Parks and Recreation Department is the presentation of recreational programming that requires the hiring of independent contractors who have special expertise and skill to conduct certain program offerings, and to contract with the Joint School District No.2 for suitable premises to conduct certain recreational program offerings; and RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE PARKS AND RECREATION DIRECTOR TO ENTER INTO AN INDEPENDENT CONTRACTOR AND RENTAL AGREEMENT ( ( WHEREAS, it will be necessary for the City to contract with numerous persons as independent contractors to perform such services; and WHEREAS, it is the duty and responsibility of the Director of the Parks and Recreation Department to oversee and direct recreational prograll1ll1ing; and WHEREAS, for reasons of time constraints and ease of doing business it is in the best interests of the City for the City Council to grant to the Parks and Recreation Director authority to enter into certain form contracts for independent contractor services and contracts for rental of School District facilities for the conduct of recreational programs. SECTION 2. GRANT OF AUTHOIDTY TO PARKS AND RECREATION DIRECTOR: 2.1 The Parks and Recreation Director is hereby authorized to enter into on behalf of the City Independent Contractor Agreements in the form and manner of Exhibit "A" attached hereto with qualified person(s) to provide recreational program services and to enter into Rental Agreements in the form and manner of Exhibit "B" attached hereto with Joint School District No.2 to provide recreational program facilities so long as said agreements are within the recreational budget appropriation for the 1998/99 fiscal year. 2.2 The Parks and Recreation Director shall provide an original of any agreement signed under this authorization to the City Clerk for filing with the RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE PARKS AND RECREATION DIRECTOR TO ENTER INTO AN INDEPENDENT CONTRACTOR AND RENTAL AGREEMENT 2 r l official records of the City, and shall also notify the City's insurance carrier of any and all agreements signed under this authorization to assure insurance coverage of all activities conducted pursuant to the agreements. 2.3 The authorization terminates either upon City Council action revoking this resolution or upon the end of the 1998/99 fiscal year, whichever occurs first. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2@day of /Jl~cIv , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 21('p day of /J1tlA~ ,1999. (-~-_." " ATTEST: '\ \,\!\n II Bl1l1/ t \;.\\\ .i""'t'C ..I~ .~ III; ~ .... Vl Jr~'M:.F;.:~')."L. "'1/./ :\'\ A"""'\ . t'}{i!../1:1/ ,~ ~ '" . --..., t~f~ . ~ ~ v' o~Of14l?~, <{f~., ~ ,g "..0 i ~ . ~ _ ~ v ~ 2 S = SEfiL =: ~ M "l- ~ ~ ,.f~::: "/ ~ u~ 'to- --t' ..I ~() ~ ~ <6 ~,sr 19"" J / X'. .;: "/........ ~i a~ 'f.3'~. ,,~ /,1.11. ou~ '.iN ,\,X "~II Ii t: '\\\\' IllfliHt Ht\\\\\ RESOLUTION OF THE CITY OF MERIDIAN, SE1TING FORTH CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE P ARKS AND RECREATION DIRECTOR TO ENTER INTO AN INDEPENDENT CONTRACTOR AND RENTAL AGREEMENT 3