Loading...
HomeMy WebLinkAbout1999 02-16 MERIDIAN CITY COUNCIL AGENDA TUESDAY, FEBRUARY 16, 1999- 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: K RON ANDERSON X CHARLIE ROUNTREE X GLENN B~TLEY X KEITH BIRD MAYOR ROBERT CORRIE CONSENT AGENDA A. - MINUTES FROM PREVIOUS MEETING HELD FEBRUARY 2, 1999: tLffrov--'-- B. - MINUTES FROM SPECIAL JOINT POWERS MEETING HELD FEBRUARY 2, 1999: tkf;:rrov-Il-- @ JOINT POWERS AGREEMENT FOR AUTOMOTIVE INSPECTION PROGRAM - RESOLUTION #212: @ E. - F. - G. - H. ORDINANCE #814 - 1999 MOTOR VEHICLE EMISSIONS CONTROL: 2/~ . RESOLUTION ti,2-t3- PARTIAL RELEASE OF THE PROVISIONS OF ANY AND ALL DEVELOPMENT AGREEMENTS: af>prrov~ PARTIAL RELEASE OF DEVELOPMENT AGREEMENT FOR SHERBROOKE HOLLOWS SUBDIVISION: ar /n-ov..e... PARTIAL RELEASE OF DEVELOPMENT AGREEMENT FOR MOORE OR LES, INC. AND RONALD CROW (STERLING CREEK SUBDIVISION): tJL--j' pro V-L FOTHERGILL GREENWAY LICENSE AGREEMENT - RESOLUTION #~ -h//)-u ~ r /ll-tvL~ z JI!1 ~ REGULAR AG~NDA 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 BE!Y'IEEN FAIRVIEW & USTICK ROAD: Ci~ d~:t /sJ fNP~ riFf elL DEVE'LOPMENT ;t\GREEMENT FOR MIDV ALLEY BUSINESS PARK SUBDIVISION: ttrPro v..e- TABLED FROM 2/2/99: CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. ( ( 12. SECURITY FENCE (MIOV ALLEY BUSINESS PARK) BY HUBBLE ENGINEERING - NW OF EAGLE ROAD/I-84 INTERCHANGE, WEST OF TEXACO: -nz-,~ ~ hA-~ 2- ~ /'W'3- ORDINANCE #810 - ANNEXATION AND ZONING OF MIDVALLEY BUSINESS PARK SUBDIVISION: ~rpV..<-r ORDINANCE #815 - DISORDERLY CONDUCT: ~oV'L- ORDINANCE #816 - FALSE ALARMS: ct.-pprbV..tV PUBLIC HEARING: 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 8T: OIl:J ab~fJ ~ ~/'~ J/~ ( eft PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY WEST PINE DEVELOPMENT - BETWEEN W. PINE 8T & W. BROADWAY AVE, EAST OF W. FOURTH 8T: appro V.fl..- ~C Iv .rftr./i<- Cc/vtd/ h '9rt.- J PUBLIC HEARING: 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: &7 CIftITVN-t" ~ r-fY~ FIt:- t/ ell- PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY MARTIN DEVELOPMENT INC.-NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE ROAD: ~v.e. jJ-Id. ~d .Fw6i'ed fo s--/z1-(/J ~ PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE-SOUTH OF lROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: 0/1J/ adr/VJ1.eff ~ ~~ r//-/' i dL FINAL PLAT FOR WHITESTONE ESTATES #3 BY WHITESTONE DEVELOPMENT COMPANY LLC - NORTH OF WALTMAN, SOUTH OF W. FRANKLIN, WEST OF S. LINDER ROAD: ~~/(! ~. ./I'lhdL 2tVlJ /U1- FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC - NW OF CHERRY LANE VILLAGE NO.1: ftl>le- /Ithvh 1 IJ~ I ~11: Jn~ DEPARTMENT REPORTS: A. GARY SMITH: 1. JUS ENGINEERING AGREEMENT FOR WATER LINE PROJECT. arFD v-<.-- ./II:J 1;1 tf 6 . ~ 13. 14. ( 2. INSPECTORS CONTRACTS FOR BUILDING, MECHANICAL, ELECTRICAL, PLU!v1BI!'JG.../ .L~ ~v..e... ~j~f GeaT7cd-- 3. UNION PACIFIC RAILROAD CROSSING AGREEMENT: ~ V€-- ;2<:f ~ n...> rI 21:3 4. AWARD BID FOR CLEANING AND T.V. INSPECTION OF SEWER SYSTEM: ~y~ 5. EMERGENCY REQUEST TO CONNECT TO CITY SEWER AT 911 E. PINE BY WALT CULVER. ~ ~{/..!2- J1A:fL~ ~-uf' wlrlL- t1VYJ~>e~ B. CHIEF GORDON: 1. ANIMAL SHELTER ajJprcJve aF~ c. BILL GIGRA Y: ~ ~ /lef tKaA7 ~ F 2-1 ~ 15. EXECUTIVE SESSION - PROPERTY ACQUISITION: /t,c ~C{' J:? ~ w~ J-htLdR.../ MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 14 Bowcutt: I'm representing the applicant in this matter. I'd like my testimony on item 7 to also be incorporated into the record for item 8, which is the preliminary plat. As Shari indicated this property is currently zoned R-15. It's occupied with one single fa.mily dwelling here on what we show as lot 2. It abuts Pine and Broadway and then Idaho Avenue dead ends into the property. What we're proposing is to extend Idaho Avenue across to our perimeter right here. We'll be building a 37 foot section with curb, gutter and five foot sidewalks both sides. In our discussions with Ada County Highway District we have these driveways as you can see in perfect alignment and they have asked us to provide an easement in both directions and so this will suffice as a T-turnaround. In fact there is more distance or length there in the T than is required. I'll also provide your fire department with a copy of that easement so they can review to make sure it's acceptable. That would be eliminated as far as the easement. It could be relinquished in the future when Idaho is connected on to the adjoining properties and finally makes its connection. We're proposing four 4-plexes, one 3-plex, a total of six lots. We do have a portion of property here that is on Broadway as Shari indicated we requested a one time split of that parcel. The title company for the applicant did review the history of the parcel and determined that it was eligible for the split based on the requirements under the ordinance. I told Shari I'll get here a packet with that information prior to bringing the final plat in. I believe we do have a condition that states that if that documentation is not provided that lot must be included as part of the preliminary plat and shown as a platted lot. Sewer and water exists in the street here. We'll have to extend it here. It's very, very shallow, but based on our preliminary investigations the sewer will be able to accommodate these buildings. We did do test hole on the property. The ground water level is at six and a half feet. It's infill out in this vicinity you've got mixed uses. There's apartments, there's 4-plexes, there's single family dwellings. What we're proposing is in compliance with the ordinance. The existing zone on the property. We've done the best we can in trying to lay the project out based on the limitations of the narrowness of the parcels. We did have one problem that I did bring to staff's attention early on and that was trying to get this distance here for the driveway aisles. What we ended up doing was a 23 foot aisle whereas your ordinance does specify a 25 foot aisle width. All of ours have 23. The reason being is we did not want to compromise the parking stalls which are 9 by 19 which is in compliance with your ordinance, and staff felt that it was most important that we provide a four foot landscape (End of Tape) Bowcutt: ... each end to buffer the parking area from the adjoining properties so therefore the only area that we felt comfortable with compromising was on that aisle area. With 23 feet we still have adequate backing room. A lot of the parking lots throughout the whole valley you'll see there may be 21, 22, 23, 24. Twenty five is pretty large. We feel that this will accommodate the limited number of vehicles. The project is quite small and staff did concur. We should buffer the adjoining properties. Staff also asked us to contact your garbage service, coordinate with them on whether they want individual can pick up or a central location. If a central location is chosen, then we'll MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 15 have to screen that. I believe we were in agreement with all of staff's conditions. One item did come to light right before the Planning and Zoning Commission and that is the fact that we have some doubts about the ability to provide irrigation, gravity irrigation water to a pressurized system. In talking with one of the property owners who's developing the parcel just on the other side of this parcel here, they received a letter from Nampa Meridian Irrigation District dated February 2nd on a project called Meridian Acres which I believe just went before your Planning and Zoning Commission. The letter basically states that the district cannot assure a constant head of water because of the upstream water users and water does flow to the site from time to time and the information that we received is the ditches because it's an infill area some of the ditches are older. They're not kept. There's culverts. They start getting compressed under driveways and so forth. Some people fill in their ditches. There a little bit of water out there last summer according to my client not much in the ditch. So one of the questions I want to bring up is if Nampa Meridian Irrigation District cannot provide us with an adequate source of water, I would like the ability to have some type of alternative. I spoke with Gary before the hearing. One of Gary's comments was exploring possibly a shallow well concept. Our other alternative would be obviously to hook on to the domestic water. One thing you don't want to do is ask these people to spend 15 or $20,000 and then have a system that will not function because we don't have an adequate source of water and then we have to turn around and hook on to domestic our secondary source anyway. If they're going to spend the money, the money should be spent in paying the necessary fees for that domestic water on that equivalent residential unit per acre basis. So I guess I'd like some ability or some flexibility is what I'm saying if we cannot make a pressurized system work in this area. This is not uncommon for infill areas. Other cities we have a lot of problem with infill areas. We just don't have the big laterals and the canals to source from. We're sourcing from little individual ditches that run through many, many property owners. Do you have any questions? Anderson: I have one. On that irrigation you talked about the lot developing over to the east of it, is there a possibility that something could be worked out with developer on some type of a pressurized irrigation system? Bowcutt: Yes, sir. That would be possible if we can source enough water. The letter was written for their project that they didn't feel there was an adequate source or at least that's what it implied. If we can get an adequate source, I recommended to the other developer and my developer that they do a joint system because the cost long term maintenance cost and just the installation costs would be 50% less so if at all possible that's the preferred route, but we don't want to do a system that does not have constant water source because if you can't get a source of water what are they going to want to do? They're going to want to flip the switch and go to the domestic or their second source. They're not going fiddle with it if it wont' work most of the time. I guess that's my main concern. ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 16 Anderson: Did Gary indicate to you how much water you can get out of the - just a low Bowcutt: Just a shallow well? Gary thinks that we should explore that idea. We'd have to obviously get a permit from Department of Water Resources to dig that well, but it is an option if the ground water is at 6 % feet, then that may be the only viable option other than connection to domestic and I've known that in the past that has not been the preferred (inaudible). I did want to show you the buildings that they are constructing. I don't have colored renderings, but I do have these black and whites. As you can see all the buildings will be very, very - they'll be the same type of building, maybe just a little bit of variation. These are probably some of the best 4-plex plans that I've even seen. These have been built out of state and they purchased the right to construct them here. As you can see they've got offset fascias, a lot of variation in the roof line so they're not a great big square box like you've seen built in many of the 4-plex projects. That gives them some character, also brings the bulk of the structure down so I do (inaudible) in that area that this will be a benefit to the area and add some character. Corrie: Any questions from Council at this time? All right thank you Becky. Bowcutt: Thank you. Corrie: Is there anyone else from the public who would like to issue testimony in favor of the project? Anyone not in favor of the project for testimony? Okay, Council questions, staff questions? Bentley: I have a question for Gary. Is the sewering of this project going to be okay? Smith: Mayor and Councilman Bentley Council, as Becky mentioned the elevation of the sewer out there is awfully shallow. And it will have to the grades of the sewer will have to conform to the Uniform Plumbing Code, if they're less than 8 inches in diameter on to the sites. Their preliminary profiles show that it would work. It's going to be shallow. Bentley: Okay thank you. Corrie: Becky one of the questions that came to mind is the property owners the holder of this conditional use permit. Rountree: Say you got an affirmative. Corrie: Yeah, she shook her head yes so it's affirmative. Any other questions from Council. I don't know do we need a variance on this 25 foot against the 23 foot width of the driveway. Mr. Gigray? ( "t MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 17 Gigray: Mr. Mayor and members of the Council I think that question might be better asked of the City Engineer or the Planning and Zoning Administrator if it's not where it's a development request that's beneath minimum standard then I would imagine under the code it would require a variance, but I don't in this instance whether it does or not. Stiles: Mr. Mayor and Council I would recommend since this is part of a conditional use permit that that could be approved as part of the conditional use permit. I'd hate to go through a variance for two feet. Corrie: That's your call. Thank you. Questions comments? If not I'll entertain a motion to close the public hearing. Bentley: Mr. Mayor I move we close the public hearing. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to close the public hearing on item number seven. Any further discussion? Rountree: No discussion on the motion, excuse me. Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Rountree: Mr. Mayor I just wanted to reaffirm that well development fees are still something that we have in our ordinance. Smith: Yes, sir, they still exist. Rountree: Okay. Smith: I might also mention Mr. Mayor and Council that it's my understanding from the Idaho Department of Water Resources they can dig a hole up to 18 feet deep and it's still not considered a well. I need to clarify that, but that would get them down below 12 feet below what Becky reported as the ground water level out there. Thank you. Corrie: Any further discussion on item number seven request for conditional use permit? Hearing none, I'll entertain a motion on the conditional use permit. (Inaudible - off the microphone) Corrie: Yes, sir it is. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 18 (Inaudible) Corrie: Well we've closed the hearing unless the Council wants to reopen it. We have the plat yet. You can make a comment there. I suppose it won't make any difference if you do it now or on the preliminary as far as you think? (Inaudible) Corrie: Okay we do that on the plat then. It's a public hearing so you can make your comment at that point. (Inaudible) Corrie: That's next item. Rountree: Mr. Mayor just a point of clarification do we need a finding? Corrie: Yes along with your order of approval of decision to go with that and the findings. Rountree: Mr. Mayor I move that we have the City Attorney prepare Findings of Fact and Conclusions of Law along with Order of Decision on the request for conditional use permit single family dwellings Seabury Subdivision to include conditions of staff, Planning and Zoning Commission, preference that the applicant provide pressurized irrigation primary source. In the event that's not possible that they investigate a shallow well as a source of pressurized irrigation. If that's not possible they investigate with the city the possibility of well development fees. Bird: Second. Corrie: Before I recognize the second, what about the 23 feet driveway? Do you want to include that as part of the conditions since the staff report was 25. Rountree: Sure I'll make that part of my motion. Bird: I'll second it. Corrie: Okay motion made by Mr. Rountree second by Mr. Bird to have the attorney draw up the Findings of Fact and Conclusions of Law with approval as stated in the motion. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 19 8. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY WEST PINE DEVELOPMENT - BETWEEN W. PINE ST & W. BROADWAY AVE, EAST OF W. FOURTH ST: Corrie: I will open the public hearing at this time and invite Ms. Stiles to comment. Stiles: Mr. Mayor and Council I would just ask that our comments dated December 21, 1998 be incorporated as conditions of approval. Corrie: All right. Okay anyone else from the public who would like to issue testimony in this case? You can come up here. Ask your questions and then we'll answer them for you if we can. LES MIGNEAULT Migneault: My name is Les Migneault. I own the property immediately adjacent to the property being developed at 631 W. Pine, and I was just interested in that ditch that crosses the property that I've had access to irrigation for many years now. I was interested to see if that was a ditch that was maintained by the irrigation district and whether it would be tiled and I would maybe have access to the irrigation water since I've been paying the taxes on it and using it. It pretty dead heads right there at my property now since the development closed the ditch leading off to the other direction, but I was mainly interested in access to the irrigation and whether it was a maintained ditch by the irrigation district. Rountree: Mr. Mayor, if I might ask a question. Do you have a reasonable amount of water through that ditch? Migneault: A reason amount. I tried to irrigate the backyard and there's a garden spot in the back that I access that water pretty regularly. It beats using city water on your lawn. Rountree: Do you pay more than your assessed fee to your property? In other words, do you pay for that water? Migneault: Yes, I do. It's irrigation taxa Rountree: How many inches of water do you pay for? Migneault: You know to be honest with that water has run down that ditch for so many years that we all just tapped off of it, and I never I mean the ditch was running and I went out there and made my damn and took the water that I wanted then opened the damn - MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 20 Rountree: So you're not paying for the water then? Migneault: Well I was to be honest with you I thought it was part of the irrigation tax in the district. Rountree: Probably not the case, but at least you have water to use. You're probably using somebody else's water. Migneault: I had access to it until they developed the apartments directly behind my house now and that ditch ran rather freely before until they got backed up from the apartment development and now it's being threatened even further and I feel that I've been paying taxes on the irrigation for many years on that property and had access to the water and if it is a maintained ditch or that the ditch is part of the irrigation district, then I feel I should keep access to the irrigation water or if the alternative is to not have access, then it's quite an expensive -I understand around $100 to get a person taken off of the tax list to where you don't pay tax if you don't have access to the irrigation. I would prefer to have access to the water if possible. Thank you. (I naud ib Ie) Bowcutt: Mr. Mayor just to put our response on the record we have identified the ditch. It is shown on our preliminary plat our to-po. We do show piping that irrigation ditch across. It looks like he comes off of a spur from this ditch so I'm glad that he showed up this evening so that we can go ahead and run it down here and make sure that it outlets to him. Corrie: You might stick around Becky. We have one more person who would like to testify . DWAYNE MADSEN 603 W. PINE Madsen: My name is Dwayne Madsen. I live at 603 W. Pine. This same water incident is what and we do have low pressure water that comes across there and at the point where he mentioned that he said that the ditch ends, it doesn't end. It goes into an underground over by the apartments right across the end of Broadway where the edge of the development is now and it's used by quite a few people and we're down on the end of it and we do pay a ditch tax and it our responsibility and not the ditch companies to take care of the ditch. So I've been helping take care of it over the years, but we do have low pressure water down through there and it does continue on and go into a drain ditch over by the apartments near Idaho and I think about 7th. But it is underground from about his place all the way over where it goes into the drain ditch except for about ( MERIDIAN CITY COUNCIL FEBRUARY 16f 1999 PAGE 21 1 00 feet on the very end down near the apartments and the single dwellings down there. Corrie: Okay are you on the east or the west of this gentleman? . Madsen: I would be just to the east of where he mentioned. Corrie: East. Okay is that Becky part of your property? Madsen: I'm the piece of property that's between these two developments. Corrie: You own between the two. Okay, make sure we got everybody cover here now. (I naud ible) Bentley: Mr. Mayor could you have the record reflect that Becky Bowcutt's testimony from item number seven is to be included in item number eight, the preliminary plat. Corrie: So be it. Anyone else would like to enter testimony on item number eight on the preliminary plat? Any other comments from staff? Any further comments from Council? Bird: I have none. Rountree: None. Corrie: I'll entertain a motion to close the public hearing. Rountree: Mr. Mayor I move we close the public hearing. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to close the public hearing on item number 8. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any further comments or discussion by Council? Bentley: I have none. Corrie: Then I will entertain a motion for accept, rejection or (inaudible) for approval of the preliminary plat. ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 22 Bentley: Mr. Mayor, I move we approve the preliminary plat subject to staff conditions. Corrie: Do I hear a second? Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to accept the preliminary plat for Seabury Subdivision by West Pine Development subject to conditions of staff comments. Any further discussion? Rountree: Mr. Mayor I would request if Councilman Bentley would consider a condition on that approval that the developer investigate and/or resolve the irrigation issue both downstream and through this parcel and they assist in identifying what problems may be upstream to get the irrigation water to this property. What I don't think we want nor do I think they want is another Don Bryant situation where on a wet year your 4-plexes are in a foot of water that nobody knows where it came from or where it's going to go to and I think it's really important that we pay attention to this irrigation issue. Bentley: I would agree to that. Corrie: Okay. Does the second agree to it? Anderson: Second agrees to it. Corrie: Mr. Gigray. Gigray: Mr. Mayor I would understand as we would prepare an order of conditional approval of the preliminary plat that the same conditions that were enunciated in the previous action in item seven we would make sure that this order was consistent with those because there are a lot of the same conditions apply in both instances with your permission. Bentley: Yes, that was my intent. Corrie: Amended motion by Mr. Bentley and second approval by Mr. Anderson. Any further discussion? Hearing none, all those in favor of the amended motion say aye. MOTION CARRIED: ALL AYES. 9. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 21.54 ACRES FOR PROPOSED THOUSAND SPRINGS VILLAGE BY MARTIN { \ MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 23 DEVELOPMENT INC.-NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE ROAD: Corrie: At this time I will open the public hearing and invite the staff to comment. Stiles: Mr. Mayor and Council I brought the wrong file, so I'm not sure what date our comments were. This is a project that's about a quarter mile north of Victory on Eagle Road. The owner of it was Mr. Gordon Harris if you might remember, he's tried several times to develop this property and now has the opportunity to have it developed. I don't believe we had any issues outstanding on this project. The Public Works Department is requiring a booster station to be built as part of this development to increase the flows in the pressures in that area. And they have agreed to do that. It's a fairly straight forward project. Ada County Highway District has requested that a stub be provided into the existing home which Mr. Harris resides so that possible future development may take place on that remaining parcel. They are going to continue their 50 foot wide right-of- way and we did have initial comments saying that the 57 foot right-of-way would be preferred but we have since agreed that we would prefer to have the 4 foot planting strip separating the sidewalk from the roadway rather than insist on the 57 foot right-of-way. Corrie: Is there anyone from the public who would like to issue testimony in favor of this item number 9 request for annexation of Thousand Springs Village. BECKY BOWCUTT BRIGGS ENGINEERING 1800 W. OVERLAND, BOISE Bowcutt: The project we bring before you is an annexation on 21.5418 acres. I'd like to mention for the record that it does include Mr. Harris' home parcel which is about two and a half acres. In our preliminary discussions with staff prior to submittal they thought it would be wise to include that in the annexation so we didn't end up with an enclave at a later date where the city had to go and then force them to annex. However within the preliminary plat that parcel is not included. It's a separate parcel under the Assessor's records and therefore it is a legal parcel. You probably saw a five acre subdivision come in under county referral on this property a year or so ago. After the Thousand Springs development was approved then this was purchased by a relative of Mr. Goldsmith's and they decided to incorporate it into the development. As you recall we provided two stub streets to this property. One here and here. We are extending those in and making that connection. We also took this cul-de-sac and brought a stub street at this location. However when we started to lay this development out, it became obvious that these two stub street connections were too close to make that intersection work. Therefore we requested the highway district and the city discontinue this street connection down here and instead we included a micropath connection. The highway district did support that and so did your staff. One thing that did is this would have been a really long street that somebody could get a pretty high excessive speeds on and it just doesn't make a lot of sense because we've got good interconnection with these two MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 24 stub streets here. This is the Bell property. We provided a stub street to that parcel so that it may redevelop in the future. We'll be extending the sewer and water through the Thousand Springs development into the Village. All of these lots exceed 8,000 square feet. A majority of them run between 9200 and 10,000 square feet on the average. We provided 40 feet of landscaping on Eagle Road which is consistent with Thousand Spring. We have asked Mr. Harris if he will go ahead and dedicate additional right-of- way so we can take our sidewalk along the frontage and have a continuous section of sidewalk without a break. He did agree to sell that to the highway district and we did agree that the highway district to construct that sidewalk so we won't have a break in the sidewalk. We'll tie all that landscaping in as far as similar theme. The development has the McDonald Lateral that runs, it comes across like this and then it dips down, terminates here, goes into a pipe and overflows into the Ridenbaugh Canal. We will be required to pipe this section of the McDonald lateral. I did submit plans to Boise Project Board of Control and ask for information from them. They have asked for a 24 inch pipe. They've asked for us to maintain their access road and to coordinate with the neighbors because there are three property owners that adjoins us that have their pumps in that lateral at this time. We have sent a survey crew to locate their pumps. We'll be constructing boxes that's acceptable to them as far as location and size along that McDonald Lateral so that they will have shared access to their water. The Planning and Zoning Commission asked us to at one time we showed this as just an easement. The Planning and Zoning Commission asked us to put that in a separate lot that was attached to this common lot here. We did modify our preliminary plat to do so. That will protect the lateral. We wont' have any problems with any encroachment from the neighbors or any disputes in the future. The district said that they'll have to drive back in here for any maintenance that may take place along that pipe so that roadway will be maintained. We did have some neighbors that had comments and concerns at the Planning and Zoning Commission. We asked the commission to please approve us and give us the opportunity to meet with those residents to come up with some solutions to their concerns. The Planning and Zoning Commission did allow us that privilege. We met with Bonnie Glick who owns the property here. Let me flip this here. She owns the property right here. You can see here house sits real far back. This is Bernetta Hastings. She sold this little portion here to Martin Development. We did not meet with her, but we met with Rex Young who lives here and he had concerns. One Rex wanted to see the roadway maintained or left in place for that access to the ditch. We have agreed to that. We agreed that we will coordinate the location of that pipe, their boxes. Secondly Bonnie Glick asked because her house sits so far back that 17 and lot 16 be designated as a single story lots. The developer has agreed to that in the development agreement that was submitted to your staff. I think Mr. Gigray has a copy of it. These two lots are designated as single story lots. We went back there observed her house. She does have a nice view. She does not have any trees or obstructions that gives here a view and that would just kind of help her view out. Rex's one problem was the fact that his property is about six feet higher than our parcel and when we install a perimeter fencing, that that fence would be lower than his property. So we walked out ( MERIDIAN CITY COUNCIL FEBRUARY 16,1999 PAGE 25 there in the rear and what we're going to do is we'll feather out from the access road we'll go ahead an add some fill and feather it out to the north so the fence will sit on the far side of the access roadway for the McDonald Lateral. So the fence will sit higher and then the. lot will be down and that was one of the compromises that we came up with. Mr. Young's property the rear of his, he abuts us just right from here over. He has an extensive forest in his rear yard that I believe gives him his privacy, but this fence will add to it, so as far as his view I told him I don't think you can see through those trees because I couldn't see an inch of your house on the other side. Mrs. Glick I also want to put on the record will be matching the fence along here in Thousand Springs 1 across the back. It will be some type of a capped six foot wood type fence. She did not want dog eared with some type of a white wash on it so it doesn't discolor as bad, so I think we've worked out the majority of our problems. This is a good project. There's approximately 53 buildable lots. Our density is about 2.7 dwellings per acre. The developable part of the project is approximately 19.4 acres. We got a pocket park here. It's about 25,500 square feet. That's going to be used as storm drainage and a pocket park. One of the things that we looked at is this is by far the lowest point on the property. We believe we can get the storm drainage to come to this location. We're going to try to minimize the amount of depression so that it is a usable grass area, not just a hole in the ground. We also have the micropath area here that we could -that will be grass with just a five foot or ten foot excuse me ten foot path according to ACHD requirements and we're going to attempt it was one of staffs questions. We've got a ditch that we're piping here that takes some drainage off of some of these other parcels, and we're going to try to create an overflow there so that our pond does not have to be so deep that it can just be a mild depression. When we get into design we'll get working on that and see what we can do. One of the prime things that we've been working on is try to make these usable areas that they function storm drainage but yet they're usable and aesthetically pleasing. One thing I do want on the record, I've got this little sliver here as you can see this particular lot five was met your standards for frontage exceeded your 8,000 square feet. However it was quite narrow and deep. I want to add this excess to this particular lot here so this lot 6 shown on the preliminary plat would go with this lot within Thousand Springs No. Phase 3 so I do want that on the record just to make it bigger because it's excess and they'll just have to do a quitclaim deed for that small portion. Do you have any questions? Rountree: Are you still proposing the same type of use for the lot in the northeast corner on Eagle? Bowcutt: Where? Up there? Rountree: Yeah. Thousand Springs. Bowcutt: That's the fire station lot. That's the well lot. Yes, sir. That's in phase in one of Thousand Springs. These are the phase lines. Phase one, two, three is coming (" MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 26 before you and four will be designed by the end of the month. And we will - oh I also want to go on the record that we'll be constructing a pressure booster station here. This project in conjunction with the developer of Thousand Springs to boost that pressure because this property sits at a higher elevation and your existing well is over on Locust Grove. Staff and our engineering team agreed that phase two of Thousand Springs would be the appropriate time to bring that on line. I'm currently waiting on your staff to provide me with a detail because no one has ever built one so we don't know what it looks like. Or what it costs yet either. It may not be a real good idea. Corrie: Any other questions of Becky? Bowcutt: Oh, please incorporate my testimony into item 10. Corrie: It will be done. Anyone else from the public who would like to issue testimony in favor of this annexation and zoning. Hearing none, anybody who would like to enter testimony against item number nine? Okay. Comments from staff on what you're heard so for? Comments questions from Council? Okay, I'll entertain a motion to close the public hearing on item number nine. Rountree: Mr. Mayor I move that we close the public hearing on item nine for Thousand Springs Village. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to close the public hearing on item number 9. Any further discussion? Hearing none, all those in favor of the motion say aye . MOTION CARRIED: ALL AYES. Corrie: Any further discussion on request for annexation and zoning. I might add in your comments going for the Findings of Fact and Conclusions of Law you might put in there to have the attorney draw up the draft for the development agreement which is item 1.18 of the Council's recommendation from Planning and Zoning and get it all done in one time. Rountree: Mr. Mayor I move that we direct the City Attorney to prepare Findings of Fact and Conclusions of Law and Order of Decision for the request for annexation and zoning for Thousand Springs Village and to pursue the initiation and completion of a development agreement for said project. Bentley: Second. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 27 Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the annexation and zoning and direct the attorney to draw up the Findings of Fact and Conclusions of Law as well as drafting the development agreement and the proposed annex ordinance. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 10. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY MARTIN DEVELOPMENT INC.-NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE ROAD: Corrie: At this time I will open the public hearing on item number 10 and have staff comments. Stiles: Mr. Mayor and Council we would ask that our comments dated January 7, 1999 be incorporated as conditions of approval. Corrie: Also note that Ms. Bowcutt's testimony on item number 9 is also included in item number 10. Is there anyone else from the public who would like to issue testimony in item number 10 on the request for preliminary plat for Thousand Springs Village? Any further discussion? Council questions of staff? Hearing none, I'll entertain a motion to close the public hearing. Bentley: Mr. Mayor I move we close the public hearing on item number 1 0 for Thousand Springs preliminary plat. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to close the public hearing on item number 10. 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 preliminary plat for item number 1 O. Bentley: Mr. Mayor I move we approve the preliminary plat for Thousand Springs subject to staff conditions. Bird: Second. ( ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 28 Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the preliminary plat for Thousand Springs Village by Martin Development Company, Inc. Any further discussion? Rountree: Just a question. Do we do that we before have the annexation and the development agreement? Corrie: I think we can. Gigray: Mr. Mayor and Councilman Rountree that's no problem on preliminary plat. It's just final plat that - Rountree: I don't have my book with me tonight. Bentley: You didn't do your homework. Rountree: It's suppose to be in my drawer and it's not here. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 11. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE-SQUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: Corrie: At this time I will open the pubic hearing on item number 11 and invite staff comments. Stiles: Mr. Mayor and Council this is the property that was once owned by Ruth Hunter that has what is referred to as the old Waltman house. There are no plans for any development of the property at this time that have been presented. For that reason we have requested that any uses by done under the conditional use permit process and we have also asked that a development agreement be entered into. It would have to be somewhat generic at this time, but at least to address the access and the requirement for provision of a bike path, multi use path along the Ten Mile Drain in this location. The applicant has indicated no problems with any of our comments and we would ask that the comments dated January 7, 1999 be incorporated as conditions of the annexation. Corrie: Is there anyone from the public who would like to issue testimony on the request for annexation and zoning by John Goade at this time. DONNA ALDRIDGE ( MERIDIAN CITY COUNCIL FEBRUARY 16,1999 PAGE 29 Aldridge: I live right across from there. My name is Donna Aldridge and I don't understand what they're wanting to do. Now this is Ruth Hunter's old place. Are they trying to get something built in there or get access or what? Corrie: Okay just right now they're trying to do is annex and zone it and I believe they're asking for - Shari what's the annexation and zoning request? Stiles: C-G and L-O. Corrie: That's commercial and also limited office in that area. That's the zoning they would like to do. They're not going to build anything there right now, but they're just asking for a new zoning to C-G which is commercial and a limited office at this time. When they come in with what they want to do then they'll have another public hearing with what they want to put in there. Aldridge: Well is that fair to the public? I mean I've been down there for 30 years and it's been quiet and peaceful and when they opened that road up here a while back when they was working on that bridge over there on Linder Road, those people was like a bunch of wild horses down through there. We had to have the police come down there and patrol it and everything else because I was right there in the middle of it and it was a total disaster, so I would kind of like to know more of what is going on, because I feel like I have grandmother's rights. I mean I'm getting kind of tired of all this. I mean I know you can't stop progress. I would like to have a little peace too and I lost my youngest son 17 years ago and that's memories to me and I do not want to have to move and I don't like people coming in and trying to force you know things like that on me and I mean I like to live with a little peace in my life and I like to know what's going on across there because they do live like I said that's right across from where I live. So I'd like to if you have any more meetings or anything I'd like to know what's going on and what they plan on doing because like I said right now they do have they've been pretty considerate when they have had weddings and stuff over there, the music has been kind of low. I mean once in a while it gets a little loud over there. I like to work with people. I like to get along with people, but I would like to have some consideration too. Corrie: Is there anybody from Council who would like to ask any questions here at this time? Okay thank you. Anyone else from the public who would like to issue testimony? JIM HOWARD, JJ HOWARD ENGINEERING Howard: My name is Jim Howard with JJ Howard Engineering. Do you need an address? Okay and I stand ready to answer any questions. I did bring a (End of Tape) ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 30 Howard: This is just to help the Council and anyone that might be here for testimony. That outlines the zoning. There are plans. We'll follow that plan in its development as it develops to extend the road as shown. The Troutner Business Park is to the north currently (inaudible). Existing Troutner Business Park is located here. Storage area here and this is zoned agricultural now. The Waltman home is right here. It will be retained. There's some talk of putting it on the historic register, so that will not be destroyed or torn down. It will be brought up to fire codes and probably converted to office use. This is a roadway layout. One zone is this we have C-G and the remainder is L-O. It's separated by the streets and I think that pretty much summarizes our request in terms of annexation and if I can answer any questions, I'd be more than happy to do so. Aldridge: Where this road is that he's talking about from the office there when they come for the office, are they going to have the office in the old Waltman place? Is that what they're trying to - are they going to build an office or what? I don't understand. Howard: The Waltman house is located here and then eventually these would be limited office. The road would be extended. There's plans, the city would like to see from my understanding see Corporate Drive extended ultimately, turn down and come down to Waltman Lane. I think the plans of ACHD is to terminate this or dead end Waltman down here. This will provide an access out of Waltman on to Corporate Drive which ultimately goes out to Meridian and then it will be the connection into that industrial park to the north. So it's my understanding, you correct me if I'm wrong, is Waltman will not be a through street. Adridge: Good. Okay that was one of my- Howard: Yes. Corrie: Any questions from Council? Thank you very much. Anyone else issue testimony on this item? Okay, hearing none Council any further discussion for public hearing? I'll entertain a motion to close the public hearing on item number 11. Anderson: Mr. Mayor I make a motion we close the public hearing on item number 11. Bentley: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bentley to close the public hearing on item number 11. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 31 Corrie: Any further discussion? In reference to this Council part of the conditions of the recommendation to City Council 1.18 provides for a development agreement as it did in number 9, so we might have to as long as we're doing the annexation and zoning Findings of Facts request the City Attorney to draft the same the next Council meeting together with the draft development agreement and proposed annexation ordinance at the same time. (Inaudible) Rountree: Mr. Mayor I move that we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law and Decision and Order for the requested annexation of 8.51 acres by John Goade tc? include a development agreement and include the city staff's conditions as condition in the annexation agreement and to prepare an annexation ordinance. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to request the annexation and zoning on item number 11 with the further comments made by Mr. Rountree. Any turther discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 12. FINAL PLAT FOR WHITESTONE ESTATES #3 BY WHITESTONE DEVELOPMENT COMPANY LLC - NORTH OF WALTMAN, SOUTH OF W. FRANKLIN, WEST OF S. LINDER ROAD: Corrie: Staff comments first? Stiles: Mr. Mayor and Council this is for the remainder of the preliminary plat for Whitestone Estates Subdivision No.3. The Meridian School District has purchased the property south of this subdivision to Waltman Lane and proposed their elementary school there. I apologize to the applicant and to the Council for the lateness of these comments. We just got them done late today. Hopefully Mr. Jacobs has had a chance to look through those and if he has any problems with any of those conditions, he can let you know. I did have one issue on this that I need legal counsel to help with. The preliminary plat does show some vacation of right-at-way. There were stub streets initially on this plat because it was intended to go on further. Can we just rely on Ada County Highway District's vacation of those right-at-way and just take the new recorded plat as getting rid ot those old rights-af-way or do we have to go through a separate vacation process? ( (/ MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 32 Gigray: Mr. Mayor and members of the Council I'm not sure I understand fully the history of this situation. Is this an area that's previously platted 50 that this could be considered a part and parcel of a replat and their approval of the replat would in effect would effect those vacations and rededications and as long as it's done in that fashion, I think we're fine. If we're talking about areas outside of the plat then we'd be into different issues. Stiles: I believe it was all part of the original plat and this would be a resubdivision of a portion of that perhaps. I'm not sure. Maybe Keith can help us on that too. Corrie: Well since this isn't a public hearing Keith, I'll let you talk anyway. KEITH JACOBS Jacobs: Thank you sir. Keith Jacobs Pacific Land Surveyors. We have an application for the Ada County Highway District to vacate those rights-of-way that were dedicated when the platting of Whitestone No.2 was undertaken and then finally recorded and that should take care of the issue with the right-of-way. We've also initiated paperwork with all the utilities requesting their concurrence with their relinquishing of the easements that were put on that property at that time. I haven't received all of that information, but as soon as I get that, that will be presented to the City and the Highway District. Corrie: So Mr. Gigray with that in mind your recommendation then would be. Gigray: Mr. Mayor and members of the Council if there's a petition to vacate before the highway district it will require the concurrence of the city before they can approve it. That's by state law. So at some point the City's approval of the specific vacation request should come before this Council. Corrie: And b~fore the final plat is approved, right? Or does it make any difference? Gigray: I would defer to the administrator as to whether or not in her opinion this is ready for final plat approval given some of the situations with this whether it should be tabled pending that approval then submitted for final approval or whether or not she'd recommend that you approve it subject to these conditions because our standard orders provide that the City Engineer doesn't sign off on the plat until all those conditions are met. Stiles: If it doesn't require a resubdivision of any of the rest of the property, is that right Keith? This new configuration doesn't require you to include parts of the old plat the number two plat? MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 33 Jacobs: Yes, there are parts of the old number two plat that are included in this subdivision. Two lots, one on the west and one on the east side. Stiles: Okay. Jacobs: And we would not bring the final plat to the City for signature. Obviously the highway district would not sign that plat until that vacation has taken place and the condition to bring it to the city would have to have the highway district signing the final plan and Central District Health so in that we couldn't bring it to the City Engineer to sign off on the final plat until the right-of-way has been vacated by then. Now as to whether the city has held a vacation hearing on that that's a new one on me. I don't know. Corrie: I think he said by law we had to, didn't we? Gigray: They have to have your approval whether or not you have a public hearing or not is another matter. It's just that you have to have the approval. I don't know. I haven't seen their application for vacation so I don't know whether or not that extends beyond the plat. I suppose an argument could be made and a comment could be made in the plat approval that that would be approval of any pending vacation request that would affect that plat area, and that could be transmitted to the Ada County Highway District which I think would be sufficient record of the City's approval at least as it affects the areas within the proposed plat. Outside ot the plat would be different matter. Corrie: Any other questions of Keith? Thank you Keith. Jacobs: Thank you. Bentley: Mr. Mayor if I'm understanding this right with the changes from Whitestone 2 and number 3 wouldn't that require a replat? Stiles: That's what they're doing. They're doing a resubdivision of a portion of it. Bentley: Okay. Corrie: (Inaudible) Bentley: Thank you. Corrie: Any further comments? Rountree: Mr. Mayor I would make a couple of comments. One it seems that there is some confusion as it relates to vacation of right-at-way and I don't believe the developer MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 34 nor their engineers had an opportunity to review or comment in writing on the letter that just went out today to them on this particular subdivision. Though I'm hesitant to table it would think that that might be something that we want to do to get the comments back and get the vacation issue resolved. Corrie: I agree. Bird: Is that a motion? Rountree: I just throw that out for discussion. If it's a flier, I'll move that we table the Whitestone Estates Subdivision No.3 final plat until our next regularly scheduled meeting March 2nd so that the developer and engineer can have an opportunity to respond to City's comments and resolve the issue as it relates to vacation and public rig ht -of-way. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to table item number 12 until March 2, 1999 meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 13. FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC - NW OF CHERRY LANE VILLAGE NO.1: Corrie: Shari comments? Stiles: Mr. Mayor and Council this is quite a bit different from the last one and Keith I apologize for not getting those - I didn't think there was anything on Whitestone that couldn't have been resolved, but the Villas at the Lake Subdivision. Unfortunately it was put on the agenda probably should not have been. It did not conform to the approved preliminary plat. There were some specific requirements in this plat and my staff did not have the adequate background on what had gone on with this project to be able to determine whether it was in compliance. Primarily we do need some easements shown on here and I guess one of the biggest issues we have is the fact they were approved 29 of the lots were required to be a minimum 1600 square feet. They've shown 11 of the lots to be 1600 square feet and also we have a question on whether all of these lots . can even accommodate a house that large. There are at least four lots where it would be very, very tight. They would have to have an absolute rectangle of a building and use every square inch available outside the setbacks to be able to meet those minimums and also have a two car garage. Lots 18 and 19 of block 1 would not be able to meet that. They do have four lots that could be the 1304. But we would like them to (~ MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 35 come back with some building envelopes and let us see how those plans would work. With the conditional use permit that was approved they did have specific floor plans. It may be that they need to come back with a two story in order to meet those minimums on some of these and also as requested in the preliminary plat stage, we did want detailed fencing and pathway and landscaping plans to be submitted for approval. We have some concepts, but no details and we would like to approve those as part of the final plat. Corrie: Shari are we on a time schedule for this final plat to be approved? We're not are we? Stiles: You can reconsider it anytime within 45 days. Bentley: Mr. Mayor it's obvious that this is going to have to be tabled. My question is two weeks or four weeks? Rountree: You can go to the 16th. Bentley: Mr. Mayor I move we table plat for the Villas at the Lake Subdivision until March 16th, 1999. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to table item number 13 final plat of Villas at the Lakes Subdivision until March 16th 1999. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 14. DEPARTMENT REPORTS: A. GARY SMITH: 1. JUS ENGINEERING AGREEMENT FOR WATER LINE PROJECT. Smith: Mr. Mayor and Council members, the first item I have this evening for your consideration is approval of an engineer agreement with JUB Engineers for design, plan preparations and bidding documents concerning the extension of our water system distribution system. The estimated construction cost of the water system expansion that we will build this year is $940,500. The overall estimated construction cost of the system as it will be designed is approximately 1.12 million dollars. Our budgeted amount didn't - didn't have enough funds in there to build all of it, but we did want to get it all engineered and plans prepared and ready to go. This project is broken into two r' - \ l { \ MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 36 phases. Sheet number one the attachment A describes the two phases. Phase one consists of waterline improvements in Ustick Road and Linder Road that will tie a new water tank into our existing distribution. The second part of that is Eagle Road 1-84 interchange crossing and construction of water main on Overland Road. There is an error on that Overland Road west of Playground Subdivision that shows 120 feet. That should be 2120 feet. This phase one is necessary to be constructed this year and it's part of the estimated construction cost to tie our system together in areas of high demand. Phase number two which is shown on page 2 of the attachment I've taken out quite a few of the smaller connection pieces in order to fare the construction costs down to meet the monies that have been budgeted. If you have any questions concerning this proposal I'd be happy to answer them. If not I would request your approval of the agreement. I think that amount for - it's $137,196.00. It shows up on page two of attachment B. We will be doing all of the construction observation. Bird: Mr. Mayor I move that we enter into the agreement, Mayor to sign and the Clerk to attest with J U B Engineering for the waterline project for the sum of $137, 196. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree to approve the JUS agreement for the waterline project in the amount of $136,196. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 2. INSPECTORS CONTRACTS FOR BUILDING, MECHANICAL, ELECTRICAL, PLUMBING. Smith: The next item I have is our contract with our building inspectors or our agreements with our contract building inspectors I should say. The attachment that I've given to you the spreadsheet shows the percentage breakdowns for each one of the inspectors based on the permit fees that they collect. The building inspector has no change requested on his existing contract. The electrical inspector has no change requested on his contract. The mechanical and plumbing inspectors have requested a modification to their existing agreement. Mechanical is requesting all permit fees collected over $75,000 his percentage be changed from 300/0 to 400/0. Rountree: Gary would it have been easier for him to have stated that anything over $60,000 would be a 400;O? Smith: Yes, correct. Rountree: Okay. ( t, MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 37 Bird: Gary I got one question. I notice on your deal in the building inspector's deal do we need to add in the inspection for occupancy in this contract so that it is taken care of and Shari - she feels it is a building official's duty. I have to agree with her. Smith: That's the question that was posed. Corrie: (inaudible) Bird: So we need to add that into the contract. Bentley: Adding that into the contract, that's part of his contract with no additional fee? Corrie: It goes along with the regular fee. Bird: It's just the wordage; is that right Mayor? Corrie: That's right. Bentley: Gary I have a question under mechanical negotiate permit fee of $1 ,000 or more. At the top it says the first $30,000 is 750/0. I'm kind of confused. Smith: Well the way his contract reads right now Councilman Bentley is any permit fee of $1 ,000 or more the fee to RIMI, Inc shall be negotiable between the City of Meridian and RIMI, Inc. Bentley: Okay but what does the inspector percentage that says 75% of the first $30,000 is that the same thing or am I reading something there? Smith: You probably should scratch the word permit. You're right, that should be any fee of $1 ,000 or more shall be negotiable. Good point, thank you. Bentley: Gary you and I had this conversation away from the rest of them, but I'm going to ask the question anyway since all four of us are now here. We budgeted for a head of inspectors and you stated you had not started that process yet. Smith: Correct. Bentley: Can we look for that to get going here real soon? Smith: Yes, I will. Thank you. I appreciate the reminder. I need those from time to time. The last one and probably the most the largest change in request has to do with our plumbing inspector. As you can see and I can't tell you exactly why that the permit ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 38 fees that were generated last year for example are significantly larger than the permit fees generated by electrical and mechanical, however they are. The percentages that the plumbing inspector has right in his existing contract gives him a percentage revenue of 37.30A> and comparing that to the electrical at 45.4 and the mechanical at 49.4 I think he sees that deficiency and that's the reason that he's requested this change. Now in terms of the dollars actually generated for payment to each one of the inspectors, the plumbing inspector has been paid more than the other two that is mechanical or the electrical. In terms of the amount of work that they actually do how different it is from one to the other, I can't tell you. I don't know. I think there's a similar number of inspections that are done. There's a rough and then there's a - I think they make three trips, don't they Councilman Bird? Bird: Yeah. They should make three trips out there. Smith: There's a rough and a trim and - Bird: The mechanical usually when they have the foundation rough, whatever you want to call that and then the trim and the final. Smith: I know that the mechanical inspector gets his knees and toes dirty because he crawls the crawl spaces looking at the plumbing, and that is an all weather. All kinds of weather. Bird: Gary when I started putting things together I wasn't in favor of this, but this gentleman (inaudible) permits one heck of a lot more than electric or mechanical and only received 12,000 more than the electrical and 20,000 more than the other. He had almost hit 90,000 more in fees than the mechanical and had 70,000 more in fees there. I guess maybe he needs a little change. Do you think it is fair, the change? Smith: In terms of the percentages of the revenue that they're earning it would be more comparable to what the other inspectors are getting, and I'm not sure how negotiable he would be with a figure other than what he has asked for. Anderson: Are there other people that offer these same services? Smith: Not that I'm aware of Councilman. I don't know that there are. I know that these guys also perform this service for Middleton and Star I believe. They've kind of gone as a combined, performed the same inspection services for those other cities, so we're not their only clients. But I don't know if there are other people out there that do this type of work on a contract basis. Bird: Gary this will be retroactive back to October 1st? (C- MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 39 Smith: Weill don't know. We've been operating under last year's contract which I think last year's contract was approved in December of last year, and I guess that was retroactive to October of the year before. Bird: We're a third of the way through the fiscal year and if you know the ones we keep that don't want any changes no problem, but then this the one if we decide to go with the plumbing and change his rate of percentages, then we got to go back and figure that. Corrie: Gary does our plumbing inspector work full time for us or you say he works for other cities as well? Smith: I believe he works for Middleton and Star as well as the mechanical and the building inspector. Bird: But he is a company isn't he? Smith: He's a corporation. Bird: And he does have other employees that - Smith: No. Bird: I mean I've never heard any complaints of not getting our stuff inspected. Smith: I haven't received any complaints and I don't know whether he has other employees. The only one that I know our building official has an employee. Gigray: Mr. Mayor and members of the Council and Mr. Smith, I guess the issue here that I would want to see clarified is what the intention is on Harold Electric, Inc. in terms of if this were retroactive to October 1 and proposed here. I would assume then the City would have to go back and do an accounting of all fees collected that would be subject this and then provide for the retro increase. Or if it is subject to increase subsequent to the date of approval, we can write that into the contract so that it prospectively and that's just - I don't know what he's expecting. I would just need some clarification there so when we write the final draft of this, it's in there. Bentley: My feeling as I've expressed for three years now that this is way too much money and we've started the process maybe bring it on board to ourselves provided we can get things lined up. I'm not in favor of the change in the plumbing inspector's or the mechanical and I agree with Mr. Gigray. We need to - it reads FY '98 so to me it automatically is retroactive, but I think that has to be clarified before we can take action on them. As far as the building and electrical, I think we can take action on those two ( ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 40 and just include on the building side the language for the occupancy permit and follow up. Corrie: Comments to my left? Mr. Rountree? Rountree: Mr. Mayor I - you know building and electrical there's no change so obviously there's no question. The other two proposing changes are they commensurate with the level of work and what needs to be done. I don't have any heartburn with the mechanical. The plumbing doesn't really create a great concern other than I would like to better understand the revenue generation and it seems to me that maybe it's inherent in the cost that's being higher for plumbing versus for mechanical and electrical inspections. I guess in fairness to them all, the percent of total revenue as a basis of permit revenue ought to be same, but the permit revenues ought to be in line with one another as well, so that's the problem I have with the plumbing. The permit revenues are significantly higher than the rest, which maybe the reason why his percent is much lower than the rest. I don't understand the rationale that went into the original contracts, and I would like to see that resolved before I could feel comfortable doing anything with the plumbing. The mechanical, the electrical.and the building I have no problem with. The question of retroactivity needs to be addressed as well. Bird: Mr. Mayor I believe your difference in your fee is there's more involved in plumbing - more plumbing fees involved and you have to have plumbing fees for ditches and stuff like that even you're bringing in where you don't have mechanical and stuff like that. I think that probably helps revenue. The building and the electrical, other than the wording in the building to add that one phrase is fine. I agree the mechanical I would just present the same contract to him. With those three you don't have to worry about going back to October 1 st because they've been working on the same thing. The plumbing his total percent of revenue is about 8% less than the electrical, 12% less than mechanical. If we had been on the - used the existing system that he's proposing last year, he would have got $14,000 more, which would have been $14,000 less for our department. So building, electrical and mechanical I have no problem. I think the plumbing we may need to discuss and see what we want to do. Anderson: Mr. Mayor kind of along the same lines as Councilman Rountree was talking about, without understanding the rationale of how they put together these prices and not knowing the history of how these contracts were developed, to me it's a shot in the dark right now to guess whether these increases are warranted or if he just wants an increase because another guy is getting a higher percentage than him. I would be in favor of asking the two that are wanting an increase to come before us and explain their rationale and why they need the increase if there's increased man hours and things like that more cost to them then I would have a better clearer understanding about why they're asking for these increases. If not then it appears to me like we need to start ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 41 looking at as Councilman Bentley pointed out getting our own inspectors if these guys are just getting to the point where they're getting greedy and wanting to drive the cost up because somebody else is getting more than them. So my recommendation would be to get them in here and have them explain why they want these increases. Corrie: We got the building inspector. Everybody's in agreement that we need to add the occupancy permit. Electrical stays the same. At one point we discussed that it would be 40% anything over 60 to over 75,000 would be 40% and then quite a bit of discussion on the plumbing. So you have your choice of I guess where you want to go. Mr. Anderson or with your Mr. Bird or the combination of the two the other Council. At this point let's get a - Bentley: Mr. Mayor I would move we approve the contracts for FY '98 for the building and the electrical with the addition verbiage for the occupancy permit in the building department and authorize the Mayor to sign and the Clerk to attest. Bird: I would second that. Corrie: Okay motion made by Mr. Bentley second by Mr. Bird to approve the FY '98 on the building inspector with the addition of the occupancy inspections as well as the electrical contract that was presented without any change. Any further discussion? Rountree: Mr. Mayor just a point of clarification. It probably for fiscal year '99 what have before us is what was in fiscal year '98. Bentley: That's correct. I meant '99. Corrie: (Inaudible) Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Now, would somebody like to make - Anderson: Mr. Mayor I would like to have the mechanical and plumbing inspector services come and explain to the Council their justification why they're asking for the increases and set that for the March 2nd Council meeting. Rountree: I'll second that. Corrie: Motion made by Mr. Anderson second by Mr. Rountree to have the mechanical and plumbing inspectors come to the City Council meeting of March 2, 1999 and explain ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 42 why they are requesting the increase that they have. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Smith: That was March 2nd? Corrie: March 2nd. Smith: I will so inform them. Thank you. 3. UNION PACIFIC RAILROAD CROSSING AGREEMENT: Smith: The next item I have is an agreement for the waterline crossing of Union Pacific Railroad right-of-way on Ten Mile Road. This crossing is necessary to extend the water line from its present location on Ten Mile Road north of Pine to the development that's taking place by Hansen Hunemiller on the south side of the Union Pacific Railroad track. The agreement that Union Pacific Railroad sent to me requests a resolution or other authorization for our Mayor and City Clerk to execute the agreement. The other information provided in that memo is just for your information. The fees on all the crossing permit expediting fees etc are being paid by the developer, Hansen Hunemiller. Except for the contractors' right of entry and I suppose they will pay that as part of the contractors cost to construct the waterline extension. Gigray: Mr. Mayor and members of the Council just a point of information. This agreement provides th~t we must include Union Pacific as additional insured and the Clerks office facilitate that certificate or just so we're in compliance with that, and I would also say that my review of the agreement it looks good because it doesn't appear to have a termination date, and I think that was important for the long term on this. Smith: And we try very hard to cross all the 1's and dot all the I's when we're dealing with the Union Pacific Railroad folks so that they don't have problem with these agreements. Bentley: Hopefully we'll own that someday and we won't have to worry about it. Smith: Yes, correct, thank you. So unless you have any questions I'd request your approval for the Mayor to sign and the City Clerk to attest the agreement with Union Pacific Railroad for this waterline crossing of the right-of-way on Ten Mile Road. Rountree: Mr. Mayor I move that we approve the agreement with Union Pacific Railroad for the waterline crossing and authorize the Mayor to sign and the Clerk to attest. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 43 Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the Ten Mile waterline crossing with UPRR motion as stated. Any further discussion? Bentley: Did I understand the attorney that we need a resolution for this? Gigray: The clerk's office has a form for resolution. I think Angel has it on the computer there and they can just generate those as you pass them and the minutes supply them. If that's not the case notify me and we'll get you the disc for it. Bentley: Okay thank you. Corrie: 213. Any discussion questions? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Smith: Thank you Mr. Mayor and Council. 4. AWARD BID FOR CLEANING AND T.V. INSPECTION OF SEWER SYSTEM: Smith: The next item I have is the results of a bid opening that we had on January 28, 1999 for cleaning and television inspection of sanitary sewer lines. This is an ongoing project that we have for all of our sewer lines. (End of Tape) Smith: ... bid for Municipal Service Company of Idaho, Inc. That is the same contractor that has been doing all the other work that we've had for the past several years. The contractor's bid is relatively the same as you can see on the exhibit. There are just some minor difference in unit prices. The contractor has been doing a very good job providing very quality cleaning and quality television inspection of our lines. We're very please with his work. Unless you have any questions I would request approval of this bid to Municipal Service Company of Idaho in the amount of $113,178.60 to authorize Mayor Corrie to sign and the City Clerk Berg to attest. Rountree: Mr. Mayor I move that we award the contract to Municipal Service Company of Idaho in the amount of $113,178.60 authorize the Mayor to sign and the Clerk to attest the agreement. Bird: Second. ,. ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 44 Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the cleaning and television inspection of sanitary sewer lines in the amount of $113,178.60. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. EMERGENCY REQUEST TO CONNECT TO CITY SEWER AT 911 E. PINE BY WALT CULVER. Smith: Thank you Mr. Mayor and Council. The last item I have is an emergency request form Walt Culver who owns some property at 911 E. Pine. They have a septic tank drain field serving the sewage at that home. This home is not located within Meridian City limits however it does front on E. Pine within which the city has a sewer line that presently serve Treasure Valley Business Center to the east and Crossroad Subdivision. The trunk line that was built in 1977 -78 is located along the west boundary of this parcel of ground. This property owner it's my understanding gave the easement to the City of Meridian for $1 and other considerations. The question that the property owner has what other considerations were. It's not well defined within the easement document. Their concern and they're here this evening to speak to you their concern is that the since the property is outside the city limits by ordinance we have a requirement for a double assessment fee and their concern is that double assessment fee as concerns the granting of the easement for the interceptor line that was built in 1977-78. At the time that the sewer line was extended to the east in Pine to the Treasure Valley Business Center, some services were installed to the properties along the south side of Pine. I don't have real good information record on it, but I do show on a print that I found that there was a 20 foot length of service pipe that was extended to the property to facilitate future connection. I think that's basically the history on the house and the request that Mr. Culver has made to me and I requested that he send this letter to you for Council approval as our ordinance requires. He is here this evening and may want to address you and give you any additional background that he may have on the easement that was granted in the late 1970's for construction of the trunk line. I think they're very willing to pay the single assessment. The question is the do.uble assessment. Rountree: I have a question for Gary. What do we now in terms of an easement? Do we commonly get them granted for a dollar or are we paying for other hookups or are we have to pay essentially the cost of the right-of-way what's the norm or is there one? Smith: To this time we haven't had to pay for an easement. We have conceded some tradeoffs in terms of providing a service to the property for future connection providing certain of the ground around man holes for example, but typically it's been providing the ability of the property to access the sewer at a future date such as a service line or providing a stub out of a man hole so that it can be extended at a future date by the ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 45 property owner should they develop. Sometimes there were concessions made at the time they develop. I can recall one on Five Mile trunk going to St. Luke's where we agreed with the property owner in return for the easement that at the time they developed the property would not be required to maintain the gravel access road across the top of the sewer. However we did require that they maintain permanent access to the manholes. So we dropped that requirement at that time that they would develop. So there are some concessions that we make in terms of facilitating the easement, but like I say so far we haven't had to reimburse anyone for the cost of the easement. I'm sure that's coming. I think we have continued to maintain the attitude that the presence of the sewer increases the value of the land. I still maintain that that's a true statement. Gigray: Mr. Mayor and members of the Council, one of the things I'm trying to do at this time in working with Gary's office is to develop a form which we would use as a form contract for the extension of water and sewer services outside of the city limits, and I think we've just about got that model done. Other facets of that is that they would agree as terms of the agreement that the sewer line or the water line is going to be subject to the terms and conditions of our sewer use ordinances and that they will agree to annexation at such time and place as it becomes available for annexation so that the system can then become part of the city through annexation and that they extend the lines if it's necessary in accordance with city specifications and requirements at their expense to wherever it's hooked up to that is part of our system. Now if our system is in front of their property, then it may just be a hookup. But I think our form will take care of those particular things and maybe in this instance the biggest issues was the fee. Smith: Yes, it is. I'm pretty sure that the sewer stub can be found with a little prospecting. Mr. Culver's got the prospecting equipment. So I don't see that as a big stumbling block, but the double assessment fee was a question that they raised to me and I said well it would be best if you came and presented your case to Mayor and Council and - Rountree: I had a question for Bill on reading this easement. I can't distill out of any language in here that the intent was not to - or it was to waive any fee. At the time that this was prepared by in 77 I don't know that we had the double assessment. Did we? Smith: I'd have to look in the ordinance book and see when that was - I'm not sure I can by even looking in the ordinance book. The bulk of the ordinance was written about that time because it was a requirement in order to get the government funds for the building of the sewer and water system. So it may have been. Gigray: Mr. Mayor, Councilman Rountree, members of the Council the one I have is very difficult to read. So I don't that I have a clear enough copy to say. It doesn't appear in what I can see in the whereas provisions which are really set forth the intent and kind of the background of the agreement that there would be evidence there that would MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 46 support a waiver of future fees and it's something that I would certainly recommend this Council not engage in the future because you know the methodology that we're using now is requiring people to put in things and then we get into agreements to provide them with latecomer fees which I think is the appropriate way to do that and then you have the terms and conditions specifically spelled out, and there's a limitation of time and so on and so forth. Rountree: Are the terms the other good and valuable consideration where that might lie and is that subject to- Gigray: In my opinion - the only time that you go outside of an agreement or an easement is if there is an ambiguity in the agreement as to whether - if you got an illegal action whether anyone could bring in what we call parole elements or other evidence or agreements or anything that was said to clarify an ambiguity. That is such standard language and any contract or any easement or any deed it would be in my opinion of no specific significance other than it would be support for the fact that there was consideration for entering into the easement. You know if they were going to challenge it on the basis well there was no consideration so the easement is void and that claim isn't being made. (Inaudible) Corrie: It's your property I assume so yes, ma'am. Would you like to - Culver: My name is Alice Culver and we are the owners of the property at 911 E. Pine, and I just want to give you some facts that you probably don't know. When this easement was written that property was a farm. The easement is 30 foot wide going north and south the entire distance of the property. The lady was 80 years old I understand at the time she gave it. She's 100 years old now. We bought this property in June. They told us when this came up on our title report that there was an easement. We immediately questioned them why. They told us that it was because the City had agreed to hook on her house whenever down the road in lieu of paying for that sewer line to go up her property line. They took 30 feet on the west edge of her property. The entire north and south distance and in this I mean I know it's really loosely written but it says now therefore in consideration of the benefits to be received that's really all it says, but it says to be received. That to me backs up what the daughter told us when we bought the property that it was a future sewer hookup fee and I just wanted to bring that to the attention of the City Council and hope that you make a decision today because we do have a failed tank. It needs something. Thank you. Corrie: Okay thank you. Council any other discussion? (Inaudible) Smith: No, sir. I don't have any other comments to make. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 47 Bentley: I wish there was some way we could research it. Bird: Yeah, we could probably look at the minutes, but that was a farm and this was in 77 or 78. Don Storey was the Mayor. I can believe it. Rountree: I guess I have a question of the Culvers. How receptive are you to annexation? Culver: I wouldn't have a problem with annexation at all. Rountree: Okay. Thank you. Culver: (Inaudible) Rountree: We'd help you. (I naudible) Rountree: Mr. Mayor I would move that we approve the request of Walter A. Culver and Alice Culver to hook up to the city sanitation system that's stubbed to their property with the condition that they pursue annexation into the City of Meridian and that the fee for the hook up would be the normal residential hook up fee. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the emergency request for connection to city sewer with the condition that they come into the city limits and the fee would be the normal fee for connection in the city limits. Gigray: Point of information Mr. Mayor. Would that include that we would prepare the appropriate extension agreement as we're trying to do anytime we extend water lines outside of the city with these property owners? Bird: We're not extending - Corrie: It's there. Smith: It's just a connection. Gigray: But we're still connecting to someone outside of the city limits. Smith: Yes. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 48 Bird: Yes, we are. Gigray: But I mean we can modify that agreement for this situation I think we easily. I just think it's a good idea to have those so that it's clear if they're hooked to your system that at such point as they can be annexed, that provision is automatic. We would record the agreement so if they sell the property we have subsequent owners, it's considered a written application for annexation and meets that hurdle. Rountree: Let's be as clear as we can because we're working with (inaudible) now. Bird: Let's make sure 20 years from now they don't have the same problem. Rountree: Yes to your question. Smith: They are contiguous to existing city limits. Gigray: Oh, they are. Smith: Yes, the annexation process could start immediately. Gigray: So you don't think we need it then. Smith: I don't think so. I don't know if we need any vehicle to ensure that the annexation process takes place or not. The approval by the Council is going to be on that basis that they do proceed with the annexation request. Obviously along with that would be payment of the fees for the annexation. I don't know what that amounts to. How big is that parcel of ground? About an acre. I guess if- Gigray: Well if they're going to proceed with annexation I'd agree with there's no point in getting into that. If they weren't going to proceed with annexation I think we could short form the agreement and take care of it. Whatever you choose. Corrie: I think the record indicates they are going to proceed with annexation. Rountree: My preference still would be to short form the agreement. That gives us some breathing room, it gives them some breathing room. Smith: Mr. Mayor may I ask Shari about the cost? Shari what would be cost of annexation? Stiles: How many acres? MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 49 Smith: One acre. Stiles: It would be - the mailings are 1.73 per mailing and then it's $400 for the annexation itself. It would be maybe around $500 for the application. Smith: The applicant says that's acceptable. I guess we just instruct Mr. and Mrs. Culver to pick up an annexation application from Planning and Zoning Administrator and proceed with filing the application on the basis of your approval. Corrie: Any other questions? All those in favor of Mr. Rountree's motion say aye. MOTION CARRIED: ALL AYES. Corrie: So if you'll go ahead and get with Shari and the annexation then we'll take care of the other for you. Smith: Thank you Mr. Mayor and Council members, that's alii have. Corrie: Chief Gordon. B. CHIEF GORDON: 1. ANIMAL SHELTER Gordon: Mr. Mayor, Councilmen, we advertised for bids for a new dog pound, the City Clerk did. My staff and Councilman Bird personally contacted some contractors in an attempt to get some bids. We only had one packet picked up and that was filed late and that was with Lasher Construction. I guess where we're at right now is it was properly advertised. Do we want to go ahead with the one bid or do you want to reissue? I'm kind of open here. I don't have a problem with lasher Construction other than my son- in-law works for them. Doug Lasher assured me that he won't be on site. The bid appears to be fair as far as I'm concerned. Bird: Bill we crossed all the 1's and dotted our I's. I feel that this is a legitimate bid, Lasher Construction worked on it, come in with an honest bid. I don't know what the state laws - we advertised, we waited. I mean there was a foul up on the deals when we advertised for February 15th and did something else that the thing said February 3rd or something I guess was that right? So we waited until the 15th kept it open. I for one would just as soon give them the award and the contract and let them get to work. You can have it rebid and now they're getting busy. It's going to cost more money anyway. And you probably won't get any more bids. ( MERIDIAN CITY COUNCIL FEBRUARY 16,1999 PAGE 50 Bentley: Mr. Mayor yes I would agree with that. We've done the rebidding route once before and it cost us about $20,000 and if Mr. Gigray doesn't have a problem with it on the legal side I say we press forward. Gigray: Based on the information I've heard this evening, it sounds like you've aired on the side of caution to allow any additional bidder on any time more time to submit a bid and haven't closed it off. No bids were received and the original bidder would appear to be the only one that could have complained about that if they filed a timely bid. If you're comfortable if it meets bid specs and it's a competent bidder, then have at it. It's in the budget. Anderson: That was my question. I just wanted to get in my mind now what did we budget for this? It didn't seem like it was that much. Gordon: The original bid that I put on my budget was $90,000. That was cut to $70,000. I have $70,000 in capital outlay for the building. Anderson: So we're about $18,000 short. Gordon: Yes, sir. The kennels - they might appear to be rather expensive but they are professional animal kennels and they are the same as the Idaho Humane Society has presently. We considered going to a chain link outfit and just having some portable kennels made and they weren't anywhere close to the quality of these. These are designed - there's ten kennels which can be split so we have actually have 20 kennels is what we'll end up with. Anderson: Is this design of this animal shelter is it also so that we can expand in the future because I'm sure we'll have the need. Is there room to expand where you plan on doing this? Gordon: Yes, sir, there is. With the 20 kennels we're going to put in there now, we have room in that building to put another ten and there is room to expand down to the road. We can probably get in another ten to fifteen. That's if Gary Smith would allow me to encroach on his land out there, which we're doing now. This has been a good project as far as land acquisition. It hasn't cost us anything yet. Bentley: On the aspect of the budget, the Chief will have additional revenue coming in that wasn't budgeted for and that's on the Idaho Power Franchise fee, so he'll have additional revenue go into his account that should be able to cover the additional expense. Bird: Mr. Mayor this is something and maybe I'm way off base. I've bee before, but things like this that is owned by the city I don't why we keep putting it in each ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 51 department's budget. This is a capital improvement for the city, not for the police department, not for anybody else and that's something I think we need to look at when we budget again each year. I realize it goes over a little bit Councilman Anderson but to get it done right, I feel we have to do that. If you want a first class outfit. I think you need one. By having bought chain link kennels myself for 20 kennels $16,000 isn't much money and these are much better than the ones I have. Rountree: Mr. Mayor I have a bit of concern with the budgeted amount and the ultimate cost. I'm concerned that nobody's interested in bidding on this project. I'm also concerned with the cost per square foot on this project is somewhere between $55 and $60 not including the cost of the land which seems to me a rather expensive facility to house stray dogs. I understand that we're in that business. We're not a rich city. That's $70-- $80,000 going to the dogs and Mr. Bentley is right no pun intended. I just point that out that I think that that's something where I (inaudible) and I don't know if we can do it for any less. I'm not in the construction business. But I know you can buy housing for that cost - when you're not including the price of the land. I've got to think that some folks in the - if this was in the newspaper would be a bit upset at that kind of expenditure. I just point that out. Being sensitive to the accountability aspect of this. I also know we generate significant fees or some fees as it relates to stray animal fines and when we budgeted this indicated that that's how we were going to pay for this and I'm all for that. That's where that money should go because that's why we're collecting, but just point that out that this is over what was budgeted and - Bird: The building isn't over. Rountree: The building is not but as a functional building it is. Bird: I agree the cost per deal is pretty high, but you look down through the specs, you're getting a metal building. You're getting sheet rock, you're getting insulation, you're getting all your gas heater, all this stuff. It goes with the fire station the one - the one that Garden City just built two years ago, I've got $65 per square foot. Ours is running a hundred and some dollars a square foot. If you put up a steel building like we've got - like I've got in my shop yeah you can probably build it for 25 or $30 a square, but you don't have no insulation, you don't have any of that kind of stuff. So I wish we had more than one bidder, so did Chief, I called three personal contractors asked them to pick it up. I don't know. Anderson: Did we have a set of drawings or was this just kind of we surmised that we needed or was it an architect? Gordon: It was a design and build RFP. We had the basic specs, the height, the measurements, the basic measurements, had a floor plan basically and went off of that. It's kind of a simple building. It has a small office in one end. Everything is sheet ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 52 rocked and insulated inside to maintain some type of temperature for winder months. It's not just an empty shell of a steel building. And I can't help but think there's just so much out there. They just - they didn't see enough profit in it to bother bidding. We didn't even get any calls. Even the ones we called wouldn't return our calls. So I'm open I would (inaudible) Councilman Bird as far as the cost goes. He's more familiar with that than I am. Bird: You know it's an expensive square foot, but you're getting a lot for that. If we just want a steel building and stuff we can probably knock it down a bit. If we want to go to cheaper kennels we can probably go to cheaper kennels. Ten years from now we'd probably be changing them out, but I don't like the cost. And I'm sure I'm like Chief, I wish we had more than one bid. Corrie: In order to speed this up, I'll entertain a motion - Mr. Gigray- Gigray: Just for the Council's information I would just note it seems like you have a major retailer in this community Zam Zow's that really I think made a major effort in advertising and trying to get this Idaho Humane Shelter out at Gowen Field up to snuff and I remember that a major campaign and if you move forward with this and you get any repercussions about this, they may be a real good source of information about why decent shelters for animals is important to the community. Gordon: Kind of along those lines we had that article in the Statesman. Martin Johncox did an outstanding job for us as far as our shelter out there. We were just over run the next day with phone calls, people volunteering to come out and paint or feed the dogs or just a multitude of things. One outfit was going to round up a bunch of contractors and come out and just go through the whole existing pound. I don't know they are going to respond to the cost of the shelter, but I can tell you people think more of their dogs than they do - they won't open the penitentiary out there to put crooks in, but they want a dog pound that's - Bentley: Can we rent that? Gordon: We could get a hold of Governor Kempthorne. I'm sure he'd sublease it out to us. There has been some comments of late about the condition of our pound, and it is getting - there's not much we can do. Paint won't help it any more. Bentley: Also when we raised the rates on the pick up fees for dogs and licenses, the intent of that revenue was to rebuild the kennel or to build a new one because rebuilding the old one was impossible since it's already been added to once and the big expense you got is your sloping floor with drains. It is expensive, but I still think we need to go with it, because the first time animal rights shows up down here, we'll be doing it. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 53 Anderson: I'll bit the bullet on this because I'm a dog lover, but I will make a motion that we approve the contract with Lasher Construction for a bid amount of $69,900 and T- Kennel Systems for $16,980 to build a new dog kennel. Bird: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bird to contract with Lasher Construction bid of $69,900 and T-Kennel Systems for $16,980 for a total of $87,880. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: 3 AYES 1 NAY. Gordon: Thank you gentlemen. I would like to just one more item, I would like to commend Mr. Gigray on the speed in which he researched and got those two ordinances ready for us. We were needed and I did appreciate it. Thank you. Corrie: Mr. Gigray, do you have anything at this point? C. BILL GIGRA Y: RESOLUTION #214 Gigray: Mr. Mayor and members of the Council I was asked at the last Council meeting to prepare a proposed resolution for the establishment of a ad hoc committee for solid waste. We have submitted that for various approvals through various departments through the Mayor and also with Sanitary Services, Inc. and I apologize for just getting the final draft to you this evening, but we have obtained those approvals subject to a couple of comments, and if you want the original is on the top there Mr. Mayor, the copies are - this is drafter first with findings. One of the things just as a point of actually just memory on this whole issue if you determine at some point you want to make a permanent committee out of this committee it will require us to draft an ordinance. You can do it by resolution though. If it's not a permanent committee and this provides in section 2.1 that this committee would exist for a period of one year. You could do annual renewals but you would have to recommission it. It proposes five members including Public Works Director, the MUSS supervisor, Planning and Zoning Commission Chairman, a Council member and a resident at large to be appointed or nominated by the Mayor and approved by the Council. One of the comments that I have received this evening from Mr. Gregory was some question about who should actually be serving that committee. Steve did comment to me this afternoon and approved generally the form of this resolution. We've tried to establish the duties of this ad hoc committee in section three dealing with issues of franchises, issues with ordinance and programs which the solid waste franchise holder would propose to initiate in the city and then to advise the City Council about all those matters. Mr. I !, MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 54 Gregory asked me a question about the need for potential or for advice by the City Attorney's Office in this matter and I advised him that that's part of our standard duty is to staff committees as they are needed to be staffed and that they would be provided with legal assistance automatically as part of the city's policy. Corrie: Mr. Gigray, do you have any comment on this since this is part of your company is involved in your ad hoc committee. I know it's not a public hearing but I'd like to have your input on this real quick. Gregory: It's Mr. Gregory not Gigray, close enough. Bill Gregory Sanitary Service Company and the only comments I had was there may be a lot of code and ordinance questions and so forth that may apply to not only city ordinance and code but also state that I was hoping that we would have legal representation on the committee that could advise us you know along every step of the way. There's a lot of promotion and education material and a lot of programs we wish to implement and I mean we've spent $10,000 for waste oil, holding tanks, and tanks for the solid waste vehicles to collect motor oil at the curb. We want the committee's input and involvement on how to design and press releases and so on and so forth on behalf of the city on how to promote the education. The public are our citizens and our customers on what we plan to do and how we want to do it. Those types of issues I don't know I guess in regards to designating the Public Works Director, you know, maybe the Public Works Director would want to appoint someone or representative from his department as well to serve on the committee rather than the Director himself. Then again the Planning and Zoning Chairman, I think Mr. Gigray has addressed that already and I think that's up to the department heads to (inaudible) but I think you know I'm extremely looking forward to pleasantly looking forward to the opportunity of working with the committee. Corrie: Okay thank you. Gary, do you have any objections of being on that as the Public Works Director? Smith: No, sir. Gigray: I just might further comment I think as I mentioned the last meeting of very timely because we have a number of drafts of proposed ordinances or ordinance proposed agreement that we're about to the point where we'll be circulating those so the formation of this committee I think is extremely timely for that whole matter, and I just want to go on record that when I first heard Mr. Gregory's name I think there would be a time when he and I could be at the podium at the same time because as a young lad as I was growing up I had to answer the phone because my dad is an attorney, and every time when somebody would ask is Mr. Gregory there, so I've had that moment. Corrie: Very good. So if you would like you can do the resolution tonight then. It's already set. It's set for the Council. 214. It will be sponsored by whoever makes the MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 55 motion. I suppose if you want to do it tonight or you can do it whatever you want. Does it read the way you want it to read? Bentley: It sounds good to me. Corrie: Whoever would like to make the motion I put you as - Bentley: Mr. Mayor I move that the City of Meridian approve for resolution #214 for the providing a committee for the solid waste committee. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Rountree to approve the resolution #214 a resolution establishing ad hoc committee for the WWAAC. (Inaudible) Corrie: Any further discussion? Hearing none, all those in favor of the resolution motion say aye. MOTION CARRIED: ALL AYES. Corrie: I'll get you the name. We've been working on that one with Mr. Gregory. Rountree: Mr. Mayor, one other item for Bill Gigray, otherwise known as Gregory (Inaudible) Rountree: We've got this notice on the Jake brake ordinance, I would make a motion that we accept the recommendation and the memo to us dated February 12th and then put that aside until further need. The Jake brake ordinance just not do it. We directed them to do it. Corrie: Point of information is that is only - ordinance only in the unincorporated areas, not in the incorporated areas. Gigray: Correct unless you pass an ordinance it does not apply inside the city limits, and we always like to route those through the Chief because he's the one that's in charge of enforcing them and he's real good about getting his information back to us. That's the information I received so I thought well let's put the brakes on this one. Anderson: I have here the contract for the architectural services with ZGA for the fire station. We instructed the City Attorney to go over the contract that was a standard AlA ( MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 56 contract, and he found some items in there that he questioned and so I've got a revised copy of those back and they have incorporated all of Mr. Gigray's comments in there and so we'll present this to you and I guess we've already given you the authorization to sign that thing. And the architectural firm has been gracious enough to start working with us, but they need the signed contracts with the other engineering firms that are going to do mechanical and electrical and until we get a signed agreement from you he can't sign those contracts with those folks so that's the original so if you could get that signed and a copy back to them, we would appreciate it. Bird: It's been passed and everything. Corrie: It just needs my signature? Bird: Just needs your signature and the Clerk to attest. Corrie: I think we're going to have an executive meeting next according to state code 67 -2345 to executive session on property acquisition. Motion's been that we go into Executive Session according to state code. All those in favor say aye. Rountree: Before you get out of here tonight let Will know when you can meet with ACHD. Bird: I thought we already - we've all done it. Corrie: The 26th? Bird: Is the Charlie the only one - 15. EXECUTIVE SESSION - PROPERTY ACQUISITION: Corrie: Okay we've come out of Executive Session at 12:20 talking about purchase of property. No decisions were made and no voting was taken. So in that case I will entertain a motion that we adjourn. Anderson: So moved. Bird: Second. Corrie: Motion made and second that we adjourn at 12:20. All in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 12:20 MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 57 (TAPE ON FILE OF THESE PROCEEDINGS) VED: ( ATTEST: _\\\\UnUlfI1/1 \\\\ ~C:: ~Gt"" III; ,\\ ... f \.J'l II ~~'CIt9 ''1: f I"}' ,-,-,'\ ~ ~ ...nl'1nr~ "-1'~J!l~ ;,;t~ ~- C~ ~(?_. ~rV'''1 "'","\;. ~~~l .~ ",""- '/,"- _ .~~~;" \..~~?, ~ ,.... v ~ ~ . , I e~ . :: . ~ -() ~ S ~..JJ Iy. L ,~1i. -:;"Y !.~..... ~ ~ {~ j ~ ~ 4kt~~.. ~<I/ .,0 f 1-- "'1C ~ I 1 S1 · / ~.'.:,: ~ Vi .....''1 ~~ ,,,,-._~\;~,"" ....~ ... ~ .. n. t.\) ., " .. I'tl/ \..0 OUit ~.-.,-.'l \ ", i)'i 4'1 t t \\\\' I'/'j-tl;~j tHn\\\ I- W W J: ztIJ <CZ -- o. _z ~el wU) :Eel LL~ O~ ~~ - 00 :J I~ ~ J C)UJ Z=e i=~ w w ~ t- W W :t: zUJ <cz -- o. _z ~C) wUi ::EC) u.~ O~ >-~ t-:t: - 00 - ..J OJ ~ a.. (- MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16. 1999 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 14A-4 REQUEST: GARY SMITH - AWARD BID FOR CLEANING AND T.V. INSPECTION OF SEWER SYSTEM AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: 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. COMMENTS v~ ii/ff'f'9 CitYpflVleridian PU.l.llicWorks .Dept. Memo To: Mayor & Councit From: Gary D. Smith, PE CC: file Date: 02111/99 He: Cleaning & Television Inspection of Sanitary Sewer Lines Gentlemen: On January 28, 1999, Bids were received for Cleaning & Television Inspection of Sanitary Sewer Unes in Meridian. One bid was received, and opened. from MunicipaJ Service Co.. of Idaho, Inc. This is the contractor that has been doing all of this type of work for us during the past -4 years or so. The contractors price has remained relatively the same with only minor cost increases as you can see on the attached spread sheet. Your Public WorKs Department recommends that you award this contrad to Municipal SeNice Co. of Idaho, Inc. in the amount of $113,178.6Q and authorize Mayor Collie to sign and Clerk Berg to attest the agreement. Thank You. l Gary D. Smith / J9wwj, / O' From the desk of... Gary D. Smith, PE Meridian City Engineer Meridian Public Works Depa~ 200 E. Carlton St., Suite 100 Meridian, Idaho 83642~2600 (208) 887-2211 Fax: (208) 887-1297 . Page 1 T- ...... Q) Q) .c Cf) en CD u ".: a.. "C c C'a ~E - Q) t-.... E - - OJ 't- Q) 0 1i) ]: oS! ~ >< (j) W ::::J \- " Q) Q) ~ ci ~ u Q) c: en (j) l+- ei "C 0 .c iii c: CO 0 :!2 U '+- Q) 0 a. 0 VJ c: U c Q) 0 u :~ .~ > Q) ~ (/) Q) m CO ..... 0> I 0- -0 C .(3 C CO co-, C I ::J 0> co ~ eN c L: co 0 Q.) Q) t5 0 ...... co co 0 '- 0> ...... (J) ~ c m 0 In 0 T- t- o 010 0 t- ('t') v N10 0 0 <0 m ~ o 0 N 0 l() v t- o N 0 - Q) v co (J) N 0 N ('t) 0 00 v 0 N 0 co "ll:t Lt) Lt) (J) 0 L() v CD CO L(') CD LO 0 ...... U T- T- fh M 0 ~ 0 ('i) ~ V T- ~ V 0 .C - fh ... ... ~ (fl. ..... 0.. Q) T- T- O> ~ T- I ('t) fh f:It ~ f:F) ~ fh ~ ('t) to L() I.() 0> t- t- O> 0> 0> m 0 VJ C'\I N ~ C'! N N ~ C'\( N N N N 0 Q) Q) 0 0 0 0 0 0 0 0 0 0 C> 0 0 () :t:::: oc c: u f:F) fh fF) f:F) fI7 fh tFJ- tR- Y) tR- ~ f:It 0 a.. :J .C ~ a.. oC5 en Q) ~ ~ C :t: co c: LL LL LL LL LL LL LL LL LL u.. u.. LL en :J :J -I -I -I -I -I -I -.J -I -l -l -.J -I -I 0 1:5 co ~ ...... T- T- c: 0 ~ v m (() co 0 0 v en CD ex:> 0 0 U <0_ ('I) CO 0 ~ M CD 0 ...... 0 ('I) L() 0 Q) 0 ('t) l.() 0 co ~ Q) 0 T- N T- ~ N ... ~ en ex> I.() ~ v co L() .,...- v m ~ ~ .,- 0 0 0 0 0 0 0 0 0 0 0 0 0 v 0 ~ CO 0 0 m l.() 0 0 0 0 0 ~ ~ CO 0 L() 0 0 CD 0 N 0> 0 0 0 co C\I 0 0 V fh ('I) 0 ~ m 0 fh I.C) ....., m ~ N.. m 0 co_ m t- ~ N N 0 .C ffl- f- a.. .,...- ('t) ('I) ~ ~ 0 C") ('I) N ~ ~ U) fA- U) fh LO t/)- t/)- f:F) fh fh V V Lt) co co en 0> en 0 0 0 C\! N C"! ~ N ~ N N M M 0 :t: Q) 0 0 0 0 0 0 0 0 0 0 0 <..) f:F) U) U) U) UJ. fh fh f:F) U) f:F) L() c: .C N :J a.. f:F) ~ LL u.. l.L LL LL u.. LL LL u... u... u.. LL (/) c: ::> ~ -l -I -I -I -I -I -.J -I ....J --I ....J --l 0 0 0 0 0 0 .,...- 0 0 ~ 0 0 ~ co I.() 0 ('t) 0 ~ Lt) 0 ('t) 0 ....., oq-- 00_ M 0 0 v co ('W') ~ 0 ~ 0 "ll:t (t') N v M N ,...... t- v t- t- v .,...- ~ .,..... .,- ~ .,- \- \- L... '- '- '- Q.) Cl.> Q) Q) Q) '- '- '- '- '- Q) ~ 3: ~ ~ 3: ~ Q) Q) Q) Q) Q) ~ Q) Q) Q) Q) Q) Q.) ~ ~ ~ ~ ~ Q) (f) (f) U) (f) Cf) ~ Q) Q) Q) Q) Q) (j) ..c ..c .c. ~ ..c Q) (f) (J) (J) en (j) .c. u <..) C) u () (/) ..c ..c ..c ..c ..c 0 c c c c c ..c u t) u <..> () c - - - - .. - 0 , , I C C <..) c: c:: c: c: C I N l.() co .,..... 0 c: - - f f - co .,- .,- .,- "T- N 0 , I I :;::::: :;::::: f 0 N 1.0 CO .,- Q) Q) Q) Q) Q) Q) co C- eo ~ .,..... ~ .,- N en .~ C/) .~ .!!2 .!!2 .~ .C C C C C C C > > > > > > - u fJ) co co co co co cu Q) Q) Q) Q) Q) Q) :c Q) Q) Q) Q) Q) ~ Q.) Q.) Q.) Q.) Q.) Q) Q.) 0 0 0 (3 U 0 0 U l- I-- I-- l- I- I-- ~ E N M v t.() CD t- OC> 0> 0 ~ N ('I') <1> ~ T""" ~ .,..... ~ ~ I -.:t ..... u) ~ M M Q') ~ .J c:( .... o J- 0 ~ co ,..... ~ M ..... ..... iII9- ...J <( .... 0 J- <D C> aJ n. ITEM NUMBER: 14A-3 REQUEST: GARY SMITH - UNION PACIFIC RAILROAD CROSSING AGREEMENT COMMENTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY FIRE DEPT: J)~i~ ~ " ct4fi~ IflJ CITY POLICE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: US WEST: ofP~ f~(~ JY~ pP 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. Memo To: Mayor & CounCil Members From: Gary D. Smith, PE 11~ CC: file /' - Date: 02111/99 Re: Ten Mile Road Water Une Crossing of UPRR Here is an Agreement from the Union Pacific Railroad Company for crossing of their tight of way with a 12" diameter water line in Ten Mile Road. This is the water tine extension that you recently approved to provide fire protection to the Hansen-Hunemiller development of Self Storage Units along the west side ofTen Mile Road, south of the UPRR railroad track.. UPRR is requesting "a resolution or other authorization" (I assume a copy of the meeting minutes would suffice) for our Mayor and City Clerk to execute this agreement We also need to provide a Certificate of Insurance to UPRR in the amounts requested. As a side note, the costs of this ~ ta.crass their righ1ofway~ is as follows: 1. PelTTlit... . . . .. . .. ... .... . .. . . .. . ". .. . ..... ... ... ..... .. . . . .. .... ... . ...... . ... ..... ..... ..... .. ... ..... .... . ..... ..... ... $55..00 2. ~ Fee.... ... ... ....... ... ....... ... '.' ... ...... .... ... ... ... ... ..... .... ... ... ... .. $3000.00 3. Pipeline Crossing Agreement Fee..... .... ... .... .... ... .... ......... .... ... ... ... ...." ....... $1500..00 4. Contractor's Right of Entry Fee... . . . .. .. .. .. . . .. . . . .. .. . . .. . .. . . . .. . . .. . .. . .. . .. .. .. . . .. .. .. . . .. .. . ... $500.. 00 . Total Crossing Fee $5155.00 From the desk of. . . Gaty D. Smith, PE Meridian City Engineer Meridian Public Works Department 200 E. Carlton St., Suite 100 Meridian, Idaho 83642~26O(J (208) 887-2211 Fax: (208) 887-1297 . Page 1 t c. ( ',-"..JION PACIFIC RAILROAD COMPk.~Y Real Estate Department R. D. Uhrich Assistant Vice President J. A. Anthony Director -Contracts D. D. Brown Director ~Real Estate M. W. Casey General Director-Special Properties J. P. Gade Director-Facility Management It J. L. Hawkins Director-Operations Support M. E. Heenan Director-Administration & Budgets D. H. Lightwine Director-Real Estate T. K. Love Director-Real Estate 1800 Farnam Street Omaha, Nebraska 68102 Fax (402) 997-3601 February 9, 1999 Folder No. 00868-87 GARYD. SMITH CITY OF MERIDIAN 33 E. IDAHO AVE MERIDIAN, ID 83642 RECEIVED FEB 1 0 1999 MERIDIAN CITY EN('tfNEEp Re: Proposed One Underground 12 Inch Potable Water Pipeline Crossing of Railroad Property at Mile Post 459.570 on the Boise Subdivision at or near Meridian, Ada County, Idaho Dear Mr. Smith: Attached are duplicate originals of an agreement covering your use of the Railroad Company's right of way. Please execute or arrange for execution of the attached document and have the signatures witnessed or attested, as indicated. Please RETURN ALL COPIES of the document for execution on behalf of the Railroad Company in the enclosed self-addressed envelope. Your copy of the fully- executed document will be returned to you, if approved by the Railroad Company. Also, please provide a resolution or other authorization for the party executing the documents, and Insurance Certificates, if required by the agreement. Also attached is Contractor's Right of Entry Agreement which must be executed and returned in accordance with the attached agreement, if work is to be performed by a contractor. Payment in the amount of One Thousand Five Hundred Dollars ($1,500.00) is due and payable upon your execution of the agreement. Please include your check, with Folder No. 00868-87 written on the front, made payable to Union Pacific Railroad Company, with the return of the documents. This agreement will not be accepted by the Railroad Company until the initial payment is received and all Insurance Certj ficates are in proper form, if required by the agreement. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's policy regarding Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. If we have not received the executed documents within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void. We are continually trying to do a better job for our customers. In an effort to do this, we would like to know what we did right. If there were any areas where you felt that our performance could improve, we would like to hear that also. In this regard, enclosed is a survey form that we would appreciate you completing and returning to us at your earliest convenience. If you have any questions, please contact me at (402) 997-3553. [U1 yO~t~L ~r~~ ~ehan Contracts Representative ( PL X 940206 Form Approved, A VP-Law Folder No: 00868-87 PIPELINE CROSSING AGREEMENT Mile Post: 459.570, Boise Subdivision Location: Meridian, Ada County, Idaho THIS AGREEMENT is made and entered into as of February 9, 1999, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY OF MERIDIAN, an Idaho municipal corporation, whose address is 33 E. Idaho Ave, Meridian, Idaho 83642 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). Article II. LICENSOR GRANTS RIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate only a One Underground 12 Inch Potable Water pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated February 9, 1999, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article ill. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges ( receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. B. C. Article VI. INSURANCE. A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 00868-87, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use of any work performed on or associated with the pipeline crossing located on Railroad right of way at Mile Post 459.570 at or near Meridian, Ada County, Idaho. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor All insurance correspondence shall be directed to: Folder No. 00868-87, Union Pacific Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, NE 68102. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. Article VII. SPECIAL PROVISIONS -- NONE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. WITNES S x UNION PACIFIC RAILROAD COMPANY By: Contracts Representative CITY OF MERIDIAN By Title PLAC€ ARROW INDICATING NORTH JIRECTION RELATIVE TO CROSSING ."1 ( FORM DR-0404 RE V. 1 0 - 1 0 - CJ ENCASED NON..FLAMMABLE PIPELINE CROSSING NO SCALE NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. @ .. J I goes FT ~F~ · (SEE NOTE 3 Ii 5) 2~1FT -/~FT. (SEE N:lTE 3 a.. s) TO -4 AlttS ~- ~ MAIN TRAC.K '-.' 9,,11 tl4",pcut.Y&eT (DESCRIBE FIXED OBJECT) (SEE NOTE 6) .- ~677~/~RPt (DESCRIBE FIXED OBJECT) (SEE NOTE 5) N'PAoWA-tt W/tI~6S iI.Nt. C01STANCE ALONO TRACK F~OH SECTION L1NE CROSS1NGl ~. (NOTE. THIS DIMENSION RECUIRED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS. DISTANCE TO A LEGAl SURVEy L]~E IS RECUIRED) . - @ - . RR'S R/w /()O 1="1_ J . . IOOF"T. .1. ~FT. f a: '1 I MIN. 015T (SEE NOTE 2) GRa..N) $lA=ACE '~I I >.2 T . (..5 FT MIN.) . (20 F'T. MAX.) I r CASlt(j PIPE' (SEE NOTE") SEItL CAS tNO ) / / / - - - --1- - - ~ = -, = ~ ;;1; !; = = = = _ ~ ~ 20 -115 FT.J 30 FT. · r I . I . I- 5 FT. ~FT. fi2QFT . ~FT. OTES . (CASlto.(j LENGTH wHEN MEASURED ALONG PIPELINE.) I ALL tfJRl200AL DISTNCES TO BE 1EASU=tED AT RIGHT MG..ES FRCI4 t OF TRACK. I CAS I~ TO EXTBI) BEl'ON) nE ~ OF TftAO( AT RIGHT ..o...eS 1l€ GRE"TER OF 20 · 2:8 FT.. OR 38 FT.. AN) BEYo.o LIMIT OF RAILROAD RIGHT-CF-WAY IF IECESSMY TO PROVIDE PfttPER LENiTH OJTSltE CF TRACX. ) M [N I KJH r# se- FRCI4 1lE ENJ OF IJIl'( RAJ LROAD ~JtG: - l OF ,.,., CULvERT - OR FROM fIrHT sv t TOt! t<<,; AREA. 1 SIGNAl. fEPAESENTATIVE MJST BE PFESENT DllUNj INSTALLATION IF RA.J~ SIGNALS ME. IN 1M: VICINITy tF CROSSI~. ) AU.OWAEILE FIxED OB.ETS IN:LUJE. 8ACXVALLS OF 8RIOCiiES. 'i. CF FOAD CAOSSIN3S . ove:~NJ VlPOJ:TS (GIve ROAD NAtE). OR CtLvarrs. J CAS IICi ,.., CARRIER PI PE MJST BE PLACED " "IN I...... OF 2 FEET EIEL.CW nE EX I ST J~ FJ fER CPT It CA8LE. lIMY EXCIIYA T ION REOU IRED lit IlH IN 5 FEET OF' nE: EXlSTIt<<i FIBER OPTIC CABLE MJSl BE HIllHJ Ola:i. IS PIPELINE CROSSING WITHIN DEDICATED STREET ?~YES'----NO, [F YES. NAME OF STREET /cN /tI/~E .ROAD DISTRIBUTION LINE X OR TRANSMISSION LINE CARRIER PIPE I COMMODITY TO BE CONVEYED PbTA8/-1i: Jw4. /b,€. OPERATING PRESSURE /00 PSI ..,./- /I Py~ WALL THICKNESS O./b /~ -DIAMETER /2 ,MATERIAL t:!cto/? , CASI~~rI~I~KNESSO.5011 ,OIA~ETER 24" ,HATERIAL6reeL I NOTE ICASING MUST HAVE 2- CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS. GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. ) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S). ~DRY BORE AND JACK (WET BORE NOT PERMITTED) , TUNNEL ,OTHER RR WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? ~YESI----NO, DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK ..~o J:!'r ) APPLICANT HAS CONTACTED 1-800"336-9193. (30' MIN.) u. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER O~~I.C_~A~~E~~~~~ 1~Q..O_E~._NOT, EX/~~4~X~INITY OF RR'S R/w .-- o C::Cl. a::w -J (' ,#/F,R/IMW) 100 FT. j -. --.. ...... STEEL CASING WALL THICKNESS CHART HINlHUH 01 AJtETER- TH I CKNESS CASIN3 PI .2500- 1/4- 12- OR LE .3125- 5/16- OVER 12-.. .3750. 3/8. OVER IS... .-4375- 7/1S- OVER 22.- .5000. 1/2- OVER 28.- .5625- Q/lS- OVER 3..... .6250- 5/8. OVER <42.- OVER 48- MUST BE APPROvED BY R.R. CO NOTE. THIS CHART IS Q FOR SMOOTH STEEL CAS) PIPES WITH HINIMUM YI: STRENGTH OF 35.000 ~ I FORHULA TO FIGURE CASU LENGTH WITH ANGLE OF CROSSING OTHER THAN - qe 8 - ~ SIN ~~ ,~ '" i/) \'" ... 8 MIN.D] ,(NOTE 1R..cJ: "A" ~ ... A R N I N G J N Al..L OCCAS I ()o4S. U .. P.. CCM<<..f.I J CIt T] ONS OEPARTtENT I4JST BE CQo.lTACTEO IN N:1VAH::E a= PMY lIORK TO QElERM (~ EX {STENCE AN) LOCATION a: FIBER OPTIC CAa..E. ~ . ,..~..7~..Q'Q~ JII~ t .. PL X 940206 Form Approved, A VP-Law Folder No: 00868-87 PIPELINE CROSSING AGREEMENT Mile Post: 459.570, Boise Subdivision Location: Meridian, Ada County, Idaho THIS AGREEMENT is made and entered into as of February 9, 1999, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY OF MERIDIAN, an Idaho municipal corporation, whose address is 33 E. Idaho Ave, Meridian, Idaho 83642 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). Article ll. LICENSOR GRANTS RIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate only a One Underground 12 Inch Potable Water pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated February 9, 1999, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article ill. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. B. C. Article VI. INSURANCE. A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 00868-87, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use of any work performed on or associated with the pipeline crossing located on Railroad right of way at Mile Post 459.570 at or near Meridian, Ada County, Idaho. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor All insurance correspondence shall be directed to: Folder No. 00868-87, Union Pacific Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, NE 68102. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. Article VII. SPECIAL PROVISIONS -- NONE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. WITNESS UNION PACIFIC RAILROAD COMPANY By: Contracts Representative CITY OF RID IAN SEl\L ?~- &' ~ . ~k ,Cj 0 -:,... \.~~ 00::: " ~:Y'l~ ~l-1y1(,-i1 AppY()fl41 F-tbrfACiry (0) /q 99 '1,/ \\\ 111/1; tt n~n\\ . ,,---I FORM DR-0404- REV. 10-10-~: ENCASED NON..FLAMMABLE PIPELINE CROSSING NO SCALE -. 22-'17 FT._ I/M.FT - (SEE NOTE 3 L 5) ~ MA IN TRACIK '-I 9,,11 ~14AipCUt.y6eT (OESCRIBE FIXED OBJECT) (SEE NOTE 6) ( 0151 ANCE ALONG TRACK F~OH SECT ION LINE CROSS 1 NG ) Jl:J-r · (NOTE. THIS CIMENSION RECUIRED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS. OISTANCE TO A LEGAL SURVEy LINE IS REcurRED) . . - - AR'S A/v /tJo F"1. ) J f ~FT. . f a: '1 I MIN. D15T (SEE NOTE Z) NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. @ J . f IOO~T. GACI.J<<'I ~ACE StJBGRACE ~.22- T. (~.5 FT MIN.) I (20 FT. MAX.) I r CASJt~ PI~ (SEE NOTE ..) I I CASU&:; ---r----- " _J___ @ ;,/ / / ;' / - - - -=1 = = = ~ = -I = ~ ~~J; !; = = = = _ ~ ~ 20 -L15 FT.J 30 FT _ _I I . 1 . It '~I I 5 FT. SEAL CASt NO ) ~FT. i:2Q..FT. ~Fi. ...oTES . (CASH-x:i LENGTH liMEN MEASURED ALONG PIPaINE..) 1) ALL H"JRlZONTAL. 0 tSTUCES TO BE tEASlfED AT R IOHT NG...ES FROM t OF TRACK. 2) CASIJ.13 TO EXTaD 8EYCN) nE ~ OF' TRACJ( AT RIGHT ~S 11€ GASATER OF 2D · 29 FT.. OR 38 ".. AN:) BEYIH) LIMIT CF RAILROAD RtGHT..a=..VAY IF tECESSARY TO PROVIDE PRCPER L.EJ.GTH QJTSlCE CF TRACK. 3) HINIHUH 0: 59" F'R()-I TtE Eh(J a: PH'( RAILROAD BRltxE. l CF f1HY CULVERT. OR F'ROM ANT $VITOflJt<<j AREA. ,,) SIGNAL FEPRESENTA T I VE MJST BE PfESENT Dlln..:;; tNSTALLATJ ON IF RA I lROAC SIGNALS ARE IN 1lE V It [NI TY CF CROSSl~. 5) ALLOVABLE FIxED OB~CTS IN:LtIJE. BACKvAU..S OF BRIDGES. ct 0= ROAD CROSSIN3S . OVEA-EAO vlAOl.r.:TS (GIVE ROAD NAtE). OR tu.varrS. 6) CASl~ IlH) CARRIER PIPE MJST BE PLACED A MINI""" OF 2 FEET BELOW' nE EXlSTJN:i FleER CPTIC CABLE.. PH'( EXCAVATI(>>i REtlJlRED VllHIN 5 FEET OF' nE EX 1 STING FIBER OPT J C CABLE l<<JST BE HIJtt.I) 0U3. I) IS PIPELINE CROSSING WITHIN DEDICATED STREET ?~ES'----NO, l) IF YES. NAME OF STREET 7.=# /tf/~E ~o.4D )) DISTRIBUTION LINE X OR TRANSMISSION LINE :> CARRIER PIPE I COMMODITY TO BE CONVEYED PbrAi3L..E WAn;-,e OPERATING PRESSURE /00 PSI -t'/_ II PYG WALL THICKNESS O. fb ;1 iJIAMETER /2 ,MATERIAL t.:!9t:JO , ~) CASI~~L~I~~I~KNESS 0.50" 100A~ETER 24/1 ,MATERIAL 6reeL J NOTE 'CASING MUST HAVE 2- CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS. GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. =) METHOD OF INSTALLING CASING PIPE UNDER TRACK<S)a ~DRY BORE AND JACK (WET BORE NOT PERMITTEO) J TUNNEL ,OTHER 3) ~ILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? ~YESI----NOJ ;) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING~AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK ~O~L I) APPLICANT HAS CONTACTED 1,,800,,336-91 <13. (30' MIN.) U.. P. COMMUNICATION DEPARTMENT. AND. HAS DETERMINED FIBER O~!.I_C _~A~~E -:~__9.~~~ '--=-=-=-:-~O_E~._NOT I EXJ~~4~XlfINITY OF RR'S R/.. ..- (' ,41F,R/~) too FT. j -. --.. STEEL CASING WALL THICKNESS CHART MINI HUM 01 Ar-ETER TH I CKNESS CASIN3 PI .2500. 1/4. 12. OR LE .3125. 5/16- OVER 12.. _ 3750- 3/8- OVER IS-.. . -4375- 7/1S. OVER 22.. .5000. 1/2. OVER 28.. .5625- q/ 16. OVER 34-.. .6250. 5/8' OVER 042... OVER 48- MUST BE APPROvED BY R.R. CO, NOTE. THIS CHART IS rn FOR SMOOTH STEEL CAS I PIPES WITH HINIMUM YII STRENGTH OF 35-090 PS I FORMULA TO FIGURE CASI~ LENGTH WITH ANGLE OF CROSSING OTHER THAN. qe' 9 ~~ ~ ~ ,~ ~ \"" , 8 MIN.DI ..(NOTE ; nw;x: EXHIBIT "A ~ C FOR RA tLROAO USE ON.. y ) \J n Q~ACIFIC RAILROAD =CO. , () \ ~~ C SUBOl vISION) E.S. if5'o.J'77' CROSSING ~ fA- Y A R N I N G IN AU. OCCASIONS. U. P. C~lCAT)ONS OEPART~NT toUST BE CCJo.lTACTEO IN ADVANCE CF' p,xy W~ TO DETERH I Jr.E Ex I STE...cE N.() LOCAT 1(>>.,1 CF' F'IBER OPTIC CAa..E. 0U("a.C' . t _ oo.a. _ .,~. Q' Q":l PLX980112 Form Approved, A vp..Law EXI-llBIT B Section 1. LnvfITATION AND SUBORDINATION OF RIGHTS GRANTED. a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the licensor to use and maintain its entire property inch.xlin; the right and power of the Ucensor to construct maintain. repair, renew, use, operate, change, modify or relocate railroad tracks, signal communication. fiber optics, or other wirelines, pipelines and other facilities upon. along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Ucensee or to any other party for compensation or damages. b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensors property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment Section 2. mNSTRUCI'lON. MAINTENANCE AND OPERATION. a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the licensee in strict confonnity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and all amen:hnents thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified and approved. by the licensors Vice President-Engineering Services. In the event such Specification conflicts in CIIrf respect with the requirements of any federaL state or municipal law or regulation such requirements shall govern on all points of conflict but in all other respects the Specification shall apply. b) All work performed on property of the licensor in connection with the construction maintenance, repair, renewal modification or reconstruction of the Pipeline shall be done to the satisfaction of the Ucensor. c) Prior to the commencement of any work in connection with the construction- maintenance, repair, renewal modification, relocation. reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Ucensor, the Ucensee shall submit to the licensor plans setting out the method and manner of handling the work includ.ing the shoring and cribbing, if any, required to protect the Ucensors operations, and shall not proceed with the work: tmtil suc:h plans have been approved by the V1C9 Presid.ent-EngineerinJ Services of the Licensor and then the work shall be done to the satisfaction of the Vice President-Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal modification. relocation, reconstruction or removal of the Pipeline, and, in the event the Ucensor provides su:h support the Ucensee shall pay to the Ucensor, within fifteen 05) days after bills sb:rll have been rerxiered therefor, all expense incurred by the Ucensor in connection therewith, which expense shall include all assignable costs. d) The licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF mMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention- the Ucensee shall provide as much notice as practicable to licensor before conunencing arrf work. In all other situations, the licensee shall notify the Licensor at least ten (10) days (or su::h other time as the licensor may allow) in advance of the commencement of any work upon property of the licensor in connection with the constructio~ maintenance, repair, renewal modification. reconstruction relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. UCENSEE TO BEAR ENTIRE EXPENSE. 1he Licensee shall bear the entire cost and expense incurred in connection with the construction. maintenance, repair and renewal and any and all modification. revision, relocation. removal or reconstruction of the Pipeline, including aIrf and all expense which may l:>e incurred by the Licensor in connection therewith for supervisioI1- inspection flagging, or otherwise. plx.exb Page 1 of4 Exhibit B PLX 980112 Form Approved, A vp..Law Section 5. REINFORCEtvfENT. RELCCA nON OR RElviOV /J.l OF PIPEUNE. a) TIle license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall at the sole expense of the licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the Ucensor may designate, whenever, in the furtherance of its needs and requirements, the Ucensor shall find such action necessary or desirable. b} All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Ucensor in the location hereinbefore described shall so far as the Pipeline remains on the property, apply to the Pipeline as modified changed or relocated within the contemplation of this section.. Section 6. NO INTERFEREN'CE WITH UCENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed ancL at all times, maintained repaired renewed and operated in such manner as to ceruse no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered. to be done by the licensee at CIIrf time tb:rt would in any manner impair the safety thereof. Section 7. PROTECTION OF F1BER OPTIC CABLE SYSTEtviS. a) F'1ber optic cable systems may be buried on the licensors property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. licensee shall telephone the licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the licensors premises to be used by the licensee. If it is, Ucensee will telephone the telecommunications company(ies) involved. arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Ucensee's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs. liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licenseels failure to comply with the provisions of this paragraph. b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including. without limitation, attorneys. fees, court costs and expenses) caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (1) CIIrf damage to or destruction of any telecommunications system on Licensors property, and/or (2) any injury to or death of any person employed by or on behaH of any telecommunications company, and/or its contractor, agents and/or employees, on licensor1s property, except if such costs, liability or expenses are caused solely by the direct active negligence of the Ucensor. licensee further agrees that it shall not have or seek recourse against Ucensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Ucensor's property or a customer or user of services of the fiber optic cable on Licensors property. Section 8. CLAIMS AND T TF:NS FOR LABOR AND MATERIAL: TAXES. a) The licensee sh:ill fully pay for all materials joined. or affixed to and labor performed upon property of the licensor in cormection with the constru:tion mainteIXIOCe, repair, renewal, modification or reconstruction of the Pipeline. and shall not permit or suffer a:rrj mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials fwnished thereon at the instance or request or on behaH of the licensee. The licensee shall indemnify and hold harmless the licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in CIrrf way connected with or growing out of such work done, labor performed or materials furnished. b} The Ucensee shall promptly pay or discharge all taxes, charges and assessments levied upon in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Ucensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location construction or maintelDD:e of the Pi:peline or arrf improvement, appliance or fixture connected therewith placed upon such property, or on account of the Ucensee1s interest therein. Where such tax. charge or assessment may not be separately made or assessed to the licensee but shall be included in the assessment of the property of the licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Ucenseels property upon property of the licensor as compared with the entire value of such property. plx.exb Page 2 of4 Exhibit B PLX980112 Form Approved, A vp..Law Section 9. RESTORA nON OF UCENSOR'S PROPERTY. In the event the Ucensor authorizes the Ucensee to take down emy fence of the Ucensor or in emy manner move or disturb emy of the other property of the Ucensor in connection with the construction maintenance, repair, renewal modification. reconstro::tion. relocation or removal of the Pipeline, then in that event the Ucensee shall as soon as possible an:i at Ucensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbecL and the Ucensee shall indemnify and hold harmless the Ucensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs an:i expenses of wh:rtsoever nature, in:luding court costs and attorneys' fees, which may result from injuzy to or death of persons wOOmsoever, or damage to or loss or destruction of property whatsoever, when such injury, death damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the licensor. Section 10. INDEtvfNITY. a) As used in this Section. -Ucensor' includes other railroad companies using the licensors property at or near the location of the licensee's installation and their officers, agents, and employees; 'i.oss. includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: a) injury to or death of persons whomsoever (including the Ucensor's officers, agents, and employees, the Ucensee's officers, agents, and employees, as well as any other person); and/or b) damage to or loss or destro::tion of property wh:rlsoever (including Licensee's property, damage to the roadbecL tracks, equipment. or other property of the Licensor, or property in its care or custody). b) As a major inducement and in consideration of the license and permission herein granted, the Ucensee agrees to indemnify and hold harmless the licensor from any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this Agreement including the installation, constructio~ mainterxnx::e, repair, renewal modificatiol\ reconstruction- relocation, or removal of the Pipeline or any part thereof; or 2. The presence, operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the licensor. Section 11. REtvfOV I\L OF PIPE UNE UPON TERMINA nON OF AGREElAENT. Prior to the termination of this Agreement howsoever, the Licensee shall at licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Ucensof, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Ucensee fails to do the foregoing, the licensor may do such work of removal an:i restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks an:i restore su:h roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Ucensor of the property of the Ucensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Ucensee for any damage sustained by the licensee for or on accotml thereof, and su::h removal an:i restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Ucensor may have against the Ucensee. Section 12. WAIVER OF BREACH:. The waiver by the Licensor of the breach of any condition. covenant or agreement herein contained to be kept, observed and performed by the licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. plx.exb Page 3 of4 Exhibit B PLX980112 Form Approved, A vp..Law Section 13. TERMINATION. a) If the Ucensee does not use the right herein granted or the Pipeline for one (I) year, or if the licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Ucensee specifying such default the Ucensor may, at its option. forthwith immediately terminate this Agreement by written notice. b) In addition to the provisions of subJ:'CII'CIgraph a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. c) Notice of default and notice of termination may be served personally upon the Ucensee or by mailing to the last known address of the licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may h:Ive accruecl or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEtvrENT NOT TO BE ASSIGNED. TIle licensee shall not assign this Agreement, in whole or in pari or any rights herein granted without the written consent of the Ucensor, and it is agreed that any transfer or assigrunent or attempted transfer or assigrunent of this Agreement or 0Irf of the rights herein granted whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void ctncL at the option of the licensor, shall terminate this Agreement. Section 15. SU<XESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereoL this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. plx.exb Page .. of .. Exhibit B ?UWL X INS 960830 Form Approved. A VP-Lnw EXHIBIT B-1 PipelineNlireline (Hazen-claus, Flammable. 12" or Larger) Insurance Requirements Licensee shall. at its sole cost and expense, prccure and maintain during the life of this Agreement the following insurance coverage: a) General liability insurance providing bodily injwy including death. personal injury and property damage coverage with a combined single lImit of at least $2.000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. This insurance shall contain broad form contractual Uab1l1ty with a separate general aggregate for the project <ISO Form CG 2S 03 or equivalent). Exclusions for railroads (except where the Job Site is more than fifty feet (50') from any railroad tracks, bridges. trestles. roadbeds, terminal2, underpasses or crossings), and explosIon, collapse and underground hazard shall be removed. Coverage purchased on a claims made form shall provide for at least a two (2) year extended reporting or discovery period Ii (a) the coverage changes from a claims made form to an occurrence form, (b) there is er lcrpse/cancellation of coverage, or (c) the succeedir.g claims made policy retroactive date is different for the expiring policy. b) butomobile liability insurance providing bodily injury, property damage and uninsured vehicles coverage with a combined single limIt 01 at least $2,000.000 each occurrence or claim. This insurance shall COller all motor vehicles including hired and non-owned. and mobile equipment if excluded {rom coverage under the general public 1IcrbJ11ty insurance. c) Workers' Comoensation insurance covering Licensee's statutory licrbility under the workers' compensation lows of the state(s) affected by this Agreement and Employers' Uability. If such insurance will not cover the Iicrbility of Licensee in states that require participation in state workers' compensation fund. licensee shall comply With the laws of such states. Ii Licensee is self- insured. eVidence of state approval must be provided. Licensee and their insurers shall endorse the required insurance policy(ies) to waive their rigb~ of subrogation against Licensor. Ucensee's insurance shall be primary with respect to cmy insurance carried by Licensor. The policies required under (er) ana (b) above shall provide severability of interests and shall name Ucensor as an additional insured Prior to commencing the Work, Licen.gee sholl f.1J.rnish to Licensor cerlificate(s) of Insurance evidencing the required coverage and endorsements and upon request, a cenified dup!iccrte original of any required policy. The certificcrte(s) shall contain er provi3ion thcrt obllgates the insurance compcmy(ies) issuing such policyues) to notify Licensor in writing of any rncrterial alteration including any change in the retroactive dcrte in any "claims-made" policies or substantial reduction of aggregate llmits, if such limits apply, or any cancellation at least thirty (30) days prior thereto. The Insurance policyCieg) shall bB written by er reputable insurance company{ies) acceptable to licensor or with er current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the state(s) in which the Job Site is located. Ucensee WARRANTS that this Agreement hers been thoroughly reviewed by Licensee's insurance agen!(s)lbroker(s), who have been instructed by licensee to procure the insurance coverage required by this Agreement. If Licensee [ails to procure and maintain insurance a9 required. Licensor may elect to do so at L.~e cost of Ucensee. The ferct that insurance is obtained by Licensee shall not be deemed to release or diminish the liability of Ucensee, inclucling, without lilTlJtaticn. lierbility under the indemnity provisions of this Agreement Damages recoverable by Licensor shall not be limited by the amount of the required insurance covercrge. g:\sharc\i nsuT":lnc\e:thb 1 x.cxb l:\forrn~\plxcexb} .kJo ** TOTAL PAGE.02 ** (- MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16,1999 APPLICANT: DEPARTMENT REPORTS /. ITEM NUMBER: 14-C REQUEST: BILL GIGRAY 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: if 9-/ U- ~ I0J SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: bI ~1;\ fL .k'~ fLRS P All Materials presented at public meetings shall become property of the City of Meridian. ( ( ORIGINAL RESOLUTION NO. 2-/ 4- BY: G/ehh lJ~~/etd- cry ~~ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN RELATING TO SOLID WASTE AND PROVIDING FOR FINDINGS AND ESTABLISHING A SOLID WASTE COMMITTEE; PROVIDING FOR THE RESPONSIBILITY AND AUTHORITY OF THE COMMITTEE; AND PROVIDING FOR THE APPOINTMENT OF THE COMMITTEE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION I. FINDINGS. 1.1 Whereas, the Mayor and Council have the authority [pursuant to I.C. S 50-21 OJ to establish committees as may be deemed necessary or expedient to assist the Mayor and Council to better carry out the responsibilities of their offices, and the power granted to permanent committees must be enumerated by ordinance; and 1.2 Whereas, the Mayor and Council have deemed it expedient to form a temporary non-perl11anent ad-hoc committee to serve as a liaison to the Solid Waste Franchise holder, and to advise the City Council regarding matters of operations, programs, ordinances and franchise agreements. SECTION 2. CREATION OF SOLID WASTE AD-HOC ADVISORY COMMITTEE. 2.1 There is hereby created for a period of one (1) year from the date hereof a non-permanent Ad-Hoc Advisory Committee to be lG10wn as the "Solid Waste Ad-Hoc Advisory Committee" [herein after referred to as "SWAAC"J which shall consist of five (5) members of which shall consist of the Public Worl(s Director, Municipal Utilities Billing System (MUBS) Supervisor, Planning and Zoning Commission Chairman, and in addition thereto a council member, a resident or property owner receiving solid waste service within the City, who shall be nominated by the Mayor and approved by the Council. All members serve at the pleasure of the City Council. Any vacancy on the committee shall be filled in the same manner as the original appointment. At the first RESOLUTION - 1 meeting of the COlnmittee it shall elect a chairman, vice-chairman and a secretary from among its members. SECTION 3. DUTY OF THE SOLID WASTE AD-HOC ADVISORY COMMITTEE. 3.1 Review with all Solid Waste Franchise holder's, and the City Attorney, existing and any proposed franchise agreements, and existing and future proposed programs; and 3.2 Review with Solid Waste Franchise holder's, and the City Attorney, existing and future programs for solid waste service; and 3.3 Review with all Solid Waste Franchise holder's, and the City Attorney, existing and any proposed revisions to the City ordinances granting solid waste service franchises; and 3.4 Report to, advise and reconunend to the City Council from time to time regarding the public interest in relationship to matters relative to franchise agreelnents, ordinances and progralTIS involving solid waste servIces. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /6 f-.b dayof ~bru.a7 ,1999. - APPROVED BY THE MAYOR OF THE CITY COUNCIL OF MERIDIAN, IDAHO, this !6f-!= day of Fe6ruec P-p( , 1999. (T ,g;;/fj ~ ATTEST: ,,\~\ \H HUll/II \\\ f"" /111 \\'\.\ ~ 0 i-r;~'Sf-" I,.;/~ ,,-' ~ . t'~l ;'...... ~' v ~~o~~~~~~}'.\ ~ ~ ~ ~ ~ ~ - - - ~ ; SEl'\L ~ RESOLUTION - 2 413 West Idaho Street. Suite 100. Boise, ID 83702-6064 FROM: Clair M. Bowman, Executive Director RECEIV~D FEB - 8 1999 CITY OF MERIDIAN MEMORANDUM TO: Ada County Mayors and Commission DATE: February 5, 1999 RE: Air Quality Ordinances Reauested Action Adopt the attached J.oint Powers Agreement and Air Quality Ordinance. Background The Ada Planning Association Board, in March of 1998, adopted a far-reaching air quality plan: Air Quality Program for Treasure Valley. A major component of this plan (see pages 13-25 in the attached copy of the plan) consists of a set of recommended changes in Ada County's Vehicle Inspection and Maintenance Program administered by the Air Quality Board. I have revised the existing air quality ordinances consistent with the new plan and reviewed it with several attorneys representing Ada County cities and Ada County. Their suggestions for improvement have been incorporated into the proposed ordinance. Status I have enclosed two copies of the proposed ordinance. We will make electronic or multiple print copies available to you if you desire. A great deal is happening with respect to air quality in Ada County. This particular ordinance revision strengthens the carbon monoxide testing already being performed by the Air Quality Board. Additionally, it empowers the Air Quality Board to initiate testing that will help reduce particulate matter pollution. The Ada Planning Association Board unanimously adopted the plan with these provisions and strongly requests that you adopt the Joint Powers Agreement and ordinance changes at your earliest convenience. (208) 345-5274 · Fax (208) 345-5279 · www.planning.cog.id.us I will personally be the primary point of contact as you review this request with your councilor commission. In the event that I am unavailable, Ali Bonakdar will ably perform that function. I will have Cinda Perry contact each of you within the next week to determine what your schedule may be for adoption. Thank you. pc: Ada Planning Association Board of Directors 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 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 CB:CP\BOARD\CBMEMOS - AQ ORDINANCE MEMO . ( AUTOMOTIVE INSPECTION PROGRAM JOINT POWERS AGREEMENT WHEREAS, Chapter 23 of Title 67, Idaho Code, provides for certain joint powers and activities between public agencies within the State of Idaho; WHEREAS, the public agencies signatory to this Agreement desire to create an Air Quality Board and exercise certain joint powers pursuant to said state law for the purpose of implementing and administering a motor vehicle emissions control program; WHEREAS, enabling legislation known as the 1999 Motor Vehicle Emissions Control Ordinance has been adopted by each participating agency defining the purpose, nature and scope of such program; WHEREAS, it is the finding of each public agency that such joint cooperative effort is the most efficient use of their powers in view of the geographic, economic and other factors influencing such program; WHEREAS, to be successful, such program within Ada County must function on a uniform basis within the common jurisdiction of all public agencies; WHEREAS, each public agency has the authority to enter into this Agreement and to perform individually the functions hereinafter described, and the execution of this Agreement will not extend the jurisdiction, power, privilege or authority of each public agency. NOW, THEREFORE, the undersigned public agencies hereby agree to the following terms and conditions of this Agreement. 1. Term. The term of this Agreement shall commence the _ day of , 1999, and remain in force until such time that the Automotive Inspection and Repair program provided for in the 1999 Motor Vehicle Emissions Control Ordinance is terminated. 2. Board Created. There is hereby created an entity to be known as the Air Quality Board, to act on behalf of each public agency signatory to this Agreement, for the purpose herein expressed. 3. PurDose of the Board. The purpose of the Board sh.all be to implement and administer the Automotive Inspection Program as the same is set forth in the 1999, Motor Joint Powers Agreement 1 [date] ( Vehicle Emissions Control Ordinance, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference and attachment. Duties, responsibilities and guidelines for the Board are also included in Exhibit "A." 4. Board Composition. The Board shall consist of one elected official from each agency signatory to this Agreement, and one citizen-at-Iarge appointed by each agency signatory to this Agreement. One representative of Public Health District IV, or any agency that may succeed to its powers and duties, shall serve as an ex-officio member. The Director shall also serve as an ex-officio member. Each agency shall be responsible for selecting its representatives who shall serve until removed or replaced by the appointing agency. 5. Bv-Laws. The Board shall adopt By-Laws and distribute same to the chief executive officer of each agency signatory to this Agreement. 6. Funding. Funding for the program shall be a combination of state or federal grants, matching funds, inspection fees, and any other monies appropriated or accruing to the Air Quality Board. All financial transactions for the program shall be within the Motor Vehicle Emissions Inspection Fund established in Exhibit "An and shall be accounted for in accordance with generally accepted accounting principles. Budgetary procedures of the Air Quality Board shall be as specified in Exhibit "A." 7. Termination. The Board shall not be terminated prior to termination of the 1999 Motor Vehicle Emissions Control Ordinance. The withdrawal of any agency prior to termination shall constitute a forfeiture of any funds or properties contributed by said agency to the Air Quality Board. Upon mutually agreed termination of the 1999 Motor Vehicle Emissions Control Ordinance by all participating agencies, the remaining funds or property contributed by each participating agency shall be returned to that agency. 8. Aareement to Enforce. The 1999 Motor Vehicle Emissions Control Ordinance, attached hereto as Exhibit "A," provides the statutory enabling law for the implementation and administration of the Automotive Inspection and Readjustment control program. Each public Joint Powers Agreement 2 [date] ( agency, through the execution of this Agreement, agrees to the enforcement of said ordinance, where applicable, within its respective jurisdiction. 9. Miscellaneous. This Agreement and the attached Exhibit "Au shall therefore be executed and adopted by each agency in accordance with all applicable statutory requirements. Any action of the Board shall be subject to compliance with all state and federal laws applicable to municipalities and counties within the State of Idaho. Dated this _ day of , 1999. Passed by the Council and approved by the Mayor of the City of Boise, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk I 1999. Passed by the Council and approved by the Mayor of the City of Eagle, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk , 1999. Passed by the Council and approved by the Mayor of the City of Garden City, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk , 1999. Passed by the Council and approved by the Mayor of the City of Kuna, Idaho Approved By: Attest By: Mayor City Clerk Joint Powers Agreement 3 [date] [' Dated this _ day of , 1999. Passed by the Council and approved by the Mayor of the City of Meridian, Idaho Approved By: Attest By: Mayor City Clerk Dated this _ day of I 1999. Passed by the Council and approved by the Mayor of the City of Star, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk I 1999. Passed and approved by the Board of Ada County Commissioners Approved By: Commissioner Approved By: Commissioner Approved By: Commissioner Dated this _ day of , 1999. Passed and approved by the Board of Ada County Highway District Commissioners Approved By: Approved By: Commissioner Commissioner Approved By: Approved By: Commissioner Commissioner Approved By: Commissioner CS\CB\AIR JOINTPWR.AGR Joint Powers Agreement 4 [date] / ( MOTOR VEHICLE EMISSIONS CONTROL 6-1-3 1.1 (reserved) 1.2. SHORT TITLE This Ordinance may be cited as The 1999 Motor Vehicle Emissions Control Ordinance. 1.3. LEGISLATIVE FINDINGS AND PURPOSE OF ORDINANCE It is found and declared that exhaust emissions from Motor Vehicles are a major source of air pollution throughout Ada County and such air pollution is a health hazard to all residents of the County and its incorporated cities; It is further found and declared that an effective system of periodic motor vehicle inspection and maintenance will reduce the level of vehicular-based air pollution; It is further found and declared that the federal government has mandated to the several states and local entities the ultimate responsibility for periodic motor vehicle inspection and maintenance; It is further found and declared that Ada County has been designated as a non-attainment area for both carbon monoxide and small particulate matter (PM1o) and as such is mandated under the Federal Clean Air Act to reduce emissions so that the National Ambient Air Quality Standards will be attained and maintained; It is further found and declared that Ada County and its incorporated cities will be monitored for PM2.5 and ozone in the immediate future, and that the primary source of both of these pollutants in Ada County is exhaust emissions from motor vehicles. It is further found and declared that fuel economy is a legitimate legislative purpose and that an efficient emissions control program will result in motor vehicle fuel savings for the residents of Ada County and its incorporated cities; It is further found and declared that Ada County and its incorporated cities are duly authorized to enact and enforce this Ordinance under Idaho Code 931-714 and 9..., respectively; The purposes of this Ordinance, therefore, are to protect the health and welfare of the citizens of Ada County and its incorporated cities, to provide for the continued control and management of exhaust emissions above certain levels as determined by the Federal Clean Air Act, as amended, as well as Rules for the Control of Air Pollution in the State of Idaho (IDAPA 16.01.01, et seq), and to empower the Air Quality Board to design and implement required periodic inspection of certain motor vehicles. 1.4 DEFINITIONS Automotive Inspection Program That program established by the Board in accordance with this Ordinance and whose purpose is to implement the requirements of this Ordinance. ( Automotive Inspection Station Board Carbon Monoxide (CO) Certificate of Compliance Emissions Inspection Mechanic Emissions Repair Mechanic Exhaust Analyzer Exhaust Emissions Exhaust Emissions Control Device Exhaust Emissions Inspection and Exhaust Emissions Re- Inspection A facility licensed in accordance with Board specifications or operating under a contract with the Board for the purpose of performing Exhaust Emissions Inspections. The Air Quality Board, chartered under the Automotive Inspection and Readjustment Program Joint Powers Agreement and this Ordinance. An inorganic chemical compound containing one atom of carbon and one atom of oxygen. A Board-approved certificate verifying that the Motor Vehicle described thereon is in compliance with the requirements of this Ordinance and the Rules and Regulations adopted pursuant to this Ordinance. An individual who performs Exhaust Emissions Inspections on behalf of the Board in compliance with a formal written agreement with the Board. An individual who performs exhaust emissions repairs to Motor Vehicles on behalf of the Board in compliance with a formal written agreement with the Board. A device for calculating the proportion of various gases, vapors and particles present in the Exhaust Emissions of a Motor Vehicle, specifically including Carbon Monoxide, Hydrocarbon, Oxides of Nitrogen, Sulfur Dioxide, Volatile Organic Compounds and any other gases, vapors and particles as required by the Board. Substances emitted into the atmosphere from any opening downstream of the exhaust port(s) of any Motor Vehicle engine. Equipment designed by the manufacturer for installation on a Motor Vehicle for the purpose of reducing pollutants emitted from the Motor Vehicle, or a system or engine modification of a vehicle which causes a reduction of pollutants emitted from the Motor Vehicle, as required by federal law. That test, performed at an Automotive Inspection Station or a Repair and Re-Inspection Station by an Emissions Inspection Mechanic, which determines whether a Motor Vehicle's Exhaust Emissions meet or do not meet applicable Pass-Adjust Criteria. Fine Parliculate Matter (PM2.sJ All particulate matter, including condensable particulates, with an aerodynamic diameter of less than or equal to a nominal two and one half (2.5) micrometers. Gross Vehicle Weight The weight in pounds of a fully-fueled empty Motor Vehicle plus any additional carrying capacity specified by the vehicle manufacturer. Hydrocarbon (HC) An organic compound consisting exclusively of the elements carbon and hydrogen. Inspection Period That period, determined according to applicable Rules and Regulations, during which a Non-Exempt Motor Vehicle is scheduled to be presented for an Exhaust Emissions Inspection. Joint Powers Agreement That agreement entered into pursuant to the joint powers provisions of Idaho Code Chapter 23 Title 67, among and between the incorporated cities of Ada County, the County of Ada, and the Ada County Highway District, which creates the Board. Model Year The year of origin of a Motor Vehicle so designated by that vehicle's Certificate of Registration filed with the Idaho Department of Transportation. Motor Vehicle Any self-propelled Motor Vehicle with four or more wheels in contact with the ground. Motor Vehicle Owner An individual, partnership, firm, public, private, or municipal corporation, association, trust, estate, agency, lessee, political subdivision of the State of Idaho or the Government of the United States or any other legal entity or their legal representatives, agents or assigns whose name appears as owner of a Motor Vehicle on its Certificate of Registration. National Ambient Air Quality Standards (NAAQS) Standards developed by the u.s. Environmental Protection Agency in accordance with its responsibilities under the Federal Clean Air Act, as amended, and its implementing regulations. Non-Exempt Motor Vehicle A Motor Vehicle which is subject to the Automotive Inspection Program and its Exhaust Emissions Inspections. Oxides of Nitrogen (NO) A group of chemical compounds formed by the combination of oxygen and nitrogen. Ozone (O:J A molecule composed of three atoms of oxygen. Particulate Matter (PM1oJ All particulate matter, including condensable particulates, with an aerodynamic diameter of less than or equal to a nominal ten (10) micrometers. Pass-adjust Criteria Those standards set forth in the Rules and Regulations adopted by the Board pursuant to this Ordinance which specify the maximum allowable components which may exist in Exhaust Emissions of a Non-Exempt Motor Vehicle. Public Notice A statement of the Board's intent to modify the Rules and Regulations, including a summary of the proposed modifications, published in at least one newspaper of general circulation within Ada County, posted at the offices of the Air Quality Board, and mailed to all participants in the Joint Powers Agreement and all Automotive Inspection Stations. Repair and Re-Inspection Station A facility licensed in accordance with Board specifications or operating under a contract with the Board for the purpose of repairing Non-Exempt Motor Vehicles which have failed an Exhaust Emissions Inspection and to perform a re-inspection of Exhaust Emissions in a manner specified by the Board. Rules and Regulations Specific written provisions governing the Automotive Inspection Program, as adopted and amended by the Board from time to time. Sulfur Dioxide (SD:z) A chemical compound consisting exclusively of the elements sulfur and oxygen. Tampering Removal of or rendering wholly or partially inoperative an Exhaust Emissions Control Device, including but not limited to the catalytic converter, air injection system, fuel inlet restrictor or other subsequent systems and devices designed and installed to reduce exhaust emissions. Volatile Organic Compound (VOC) Any organic compound which readily evaporates in the atmosphere and, through its participation in atmospheric photochemical reactions, contributes to the formation of Ozone. 1.5. CREATION OF AN INSPECTION-MAINTENANCE PROGRAM A. An Air Quality Board is hereby created pursuant to the joint powers provisions of Idaho Code Chapter 23 Title 67 in a Joint Powers Agreement executed by the participating public agencies. The composition and organization of the Board shall be as set forth in the Joint Powers Agreement B. The Board shall design and implement an Automotive Inspection Program for the mandatory Exhaust Emissions analysis, inspection, maintenance and repair of Non- Exempt Motor Vehicles to insure continued compliance with National Ambient Air Quality Standards and in accordance with applicable rules and regulations of the U.S. Environmental Protection Agency, the State of Idaho Division of Environmental Quality and the Ada Planning Association Board. C. The Exhaust Emissions of each Non-Exempt Motor Vehicle will be measured and evaluated periodically and the Owner of any such vehicle is required to present the vehicle at an Automotive Inspection Station for an Exhaust Emissions Inspection unless specifically exempted from this requirement by the Board or by this Ordinance. Failure to do so within the Inspection Period constitutes prima facie evidence of a violation of this Ordinance. The frequency and timing of the Inspection Period will be determined by the Board. D. The Owner of a Non-Exempt Motor Vehicle which passes an Exhaust Emissions Inspection as provided herein shall be presented with a Certificate of Compliance. The Owner shall maintain the certificate in a place and manner specified by the Board in the Rules and Regulations and present it to the Board or other authority upon demand. Failure to do so constitutes prima facie evidence of a violation of this Ordinance. E. A Motor Vehicle is classified as a Non-Exempt Motor Vehicle if all of the following are true: 1. The Certificate of Registration has 'ADA COUNTY' entered upon it as the county of residence or would be required to have 'ADA COUNTY' entered upon it as the county of residence pursuant to Idaho Code 49-401 B; 2. The Gross Vehicle Weight equals or exceeds 1500 pounds; and 3. The Model Year is 1965 or newer. F. The following are hereby specifically exempted from compliance with the Automotive Inspection Program, subject to verification in a manner specified by the Board and included in the Rules and Regulations: 1. Motorcycles as defined in Idaho Code 40-114; 2. "Idaho Old Timers" as defined in Idaho Code 49-406; 3. Farm tractors as defined in Idaho Code 49-107; 4. Motor Vehicles registered under the pro-rated registration provisions of Idaho Code 49-437 for a period of less than six (6) months; 5. Idaho Classic vehicles as defined in Idaho Code 49-406A; and 6. Motor Vehicles for which an alternate fuel type has been established according to Rules and Regulations adopted by the Board; 7. Such other Motor Vehicles as may be exempted by Rules and Regulations adopted by the Board. G. An Exhaust Emissions Inspection may only be performed by and in a manner consistent with Rules and Regulations adopted by the Board. An Exhaust Emissions Inspection shall include all of the following: 1 . A measurement of Exhaust Emissions using an approved Exhaust Analyzer or other procedure or device approved by the Board to sample the Motor Vehicle's Exhaust Emissions, specifically including Carbon Monoxide and Hydrocarbon content of the Exhaust Emissions and any other gases, vapors and particles as adopted by the Board to comply with the purposes of this Ordinance as expressed in Section 1.3; and 2. A determination as to whether Exhaust Emissions meet the Pass-Adjust Criteria; and 3. A visual inspection, for Model Years 1984 and newer, to verify presence of the catalytic converter, air injection system, size of the fuel restrictor and any other visual inspection component(s) specified by the Board in the Rules and Regulations; and 4. Any other inspection adopted by the Board in the Rules and Regulations. H. Where Exhaust Emissions do not meet the Pass-Adjust Criteria, an indication to a Motor Vehicle Owner of the repair and Re-Inspection provisions of the Automotive Inspection Program. I. It is the responsibility of the Owner of a Non-Exempt Motor Vehicle which was found not to comply with the Pass-Adjust Criteria to have the Motor Vehicle brought into compliance at the Owner's expense and to have it re-inspected within ten (10) calendar days of the failed Exhaust Emissions Inspection according to procedures and criteria established by the Board and included in the Rules and Regulations. J. Each Non-Exempt Motor Vehicle shall bear a share of the cost of the Automotive Inspection Program regardless of whether the Board elects to waive one or more Exhaust Emissions Inspections for that vehicle. The Motor Vehicle Owner for each Non- Exempt Motor Vehicle is required to submit payment to the Board or other authorized representative under terms and conditions specified in the Rules and Regulations. K. An Emissions Inspection Mechanic who performs an Exhaust Emissions Inspection on a Motor Vehicle shall, when the Motor Vehicle is found to comply with the Pass-Adjust Criteria, immediately issue a Certificate of Compliance in accordance with procedures adopted by the Board in the Rules and Regulations. The Certificate of Compliance will expire on the last day of the next Inspection Period for that Motor Vehicle. 1.6. DUTIES AND POWERS OF THE BOARD A. The Board shall conduct regular monthly meetings at such time and place as the Board shall determine. Meetings are open to the public. B. The Board, in accordance with the criteria expressed herein, shall adopt Rules and Regulations for the implementation and operation of the Automotive Inspection Program and amend those Rules and Regulations from time to time as it deems necessary. Rules and Regulations and amendments to same may only be adopted at an Air Quality Board meeting with a minimum of fourteen (14) days' Public Notice of the Board's intent to amend the Rules and Regulations. C. Rules and Regulations shall include but not be limited to the following: 1. Procedures for determining the exempt or non-exempt status of any Motor Vehicle and releasing exempt Motor Vehicles from further compliance with the Automotive Inspection Program; 2. Procedures for establishing the Inspection Period for a Non-Exempt Motor Vehicle; 3. Structure of the Automotive Inspection Program, specifically including whether repairs and adjustments to Motor Vehicles failing to comply with the Pass-Adjust Criteria mayor may not be made by Emissions Inspection Mechanics who perform the original Exhaust Emissions Inspection; 4. Procedures for licensing or contracting for Automotive Inspection Stations, Repair and Re-Inspection Stations, Emissions Inspection Mechanics and Emissions Repair Mechanics and for the potential termination thereof; 5. Pass-Adjust Criteria for all Non-Exempt Motor Vehicles; 6. Nature and display of Certificates of Compliance on Non-Exempt Motor Vehicles which successfully comply with the Pass-Adjust Criteria; 7. Specifications for approved Exhaust Analyzers or other emissions measurement devices or systems; 8. Procedures by which the fee to be charged each Motor Vehicle Owner for each Non-Exempt Motor Vehicle is determined, or, alternatively, the fee itself; 9. Circumstances under which a waiver may be granted to exempt a Non-Exempt Motor Vehicle from the provisions of this Ordinance, either temporarily or permanently; 10. Minimum effort(s) which will be required of the Owner of a Non-Exempt Motor Vehicle Owner which fails to comply with the Pass-Adjust Criteria in order to bring the failing vehicle into compliance with the Pass-Adjust Criteria, as well as procedures by which such minimum effort provisions may be amended from time to time. This effort shall generally be the minimum necessary to accommodate typical repair and reinspection needs and may be different for different Model Years; 11. Cost of a Certificate of Compliance. This shall be the minimum necessary to provide for the ongoing operation, administration, maintenance and enforcement of the Automotive Inspection Program and shall not exceed $4.00 without concurrence of all parties to the Joint Powers Agreement; 12. The processing fee which may be assessed upon Owners of Non-Exempt Motor Vehicles who fail to present their Non-Exempt Motor Vehicle for inspection within the Inspection Period and the procedure by which this fee is established. This fee shall be sufficient to recover costs of processing notices of violation for all Non-Exempt Motor Vehicles which do not comply with the provisions of this Ordinance within the Inspection Period; 13. Procedures governing the contracting for or licensing of Automotive Inspection Stations, Repair and Re-Inspection Stations and Emissions Inspection Mechanics and the suspension, revocation, or termination of those contracts or licenses when appropriate; 14. Schedules and deadlines for the flow of data, paperwork and information pertaining to Exhaust Emissions Inspections among Automotive Inspection Stations, Repair and Re-Inspection Stations, Exhaust Emissions Mechanics and the Automotive Inspection Program staff; and 15. Any other matters deemed to be within the authority of the Board. D. The Board may, at its discretion, employ the full power and authority of law to insure that Motor Vehicle Owners comply fully and completely with Idaho Code 49-401 8, specifically including correct designation of the county of residence as provided therein. E. The Board shall conduct an on-going quality assurance program to determine that all Automotive Inspection Stations, Repair and Re-Inspection Stations and Exhaust Emission Mechanics perform Automotive Inspection Program tasks in conformance with the adopted Rules and Regulations. F. The Board or its authorized representative, upon written notice and an opportunity for a hearing, may suspend, revoke and/or require the surrender and forfeiture of any license granted by the Board which is not utilized in accordance with this Ordinance or the Rules and Regulations. The procedure and grounds for suspension or revocation shall be set forth in the Rules and Regulations and shall comply with current Idaho law. G. The Board shall have the authority to undertake any additional actions reasonably necessary to the operation of the Automotive Inspection Program, including but not limited to: 1. Employing necessary staff; 2. Executing necessary contracts and documents; 3. Authorizing deposits into and expenditures from the Motor Vehicle Emissions Inspection Fund; 4. Acquiring and disposing of personal property; 5. Establishing an annual budget for the Air Inspection Program; 6. Operating the Automotive Inspection Program in accordance with standard fiscal practice; and 7. Providing for an annual audit of both financial and management practices of the Automotive Inspection Program. H. The Board shall conduct ongoing evaluations of the Automotive Inspection Program sufficient to satisfy requirements of the US Environmental Protection Agency, the Ada Planning Association Board and other applicable rules and statutes. 1.7. FINANCING A. There is hereby established a Motor Vehicle Emissions Inspection Fund which shall consist of the following: 1 . Money appropriated thereto by the Board or any local entity; 2. Money remitted by Automotive Inspection Stations and Repair and Re-Inspection Stations which is collected as fees; 3. Money received by the Board from private grants or donations; 4. Money received by the Board from processing fees assessed to Owners of Non- Exempt Motor Vehicles who do not present their vehicle for an Exhaust Emissions Inspection during the Inspection Period; 5. Federal or state funds received by the Board for the Automotive Inspection Program; and 6. Any other funds received by the Board from any source. B. Moneys in the Motor Vehicle Emissions Inspection Fund may be used to pay all costs ( / incurred by the Board in administering any aspect of the Automotive Inspection Program. C. The Board shall appropriate and budget on a fiscal year basis, indicating expenditures to be made in implementing and administering the Automotive Inspection Program and sources of income to be used for such expenditures. 1.8. INSPECTION CRITERIA AND COSTS A. A Non-Exempt Motor Vehicle's Exhaust Emissions must be less than or equal to the approved Pass-Adjust Criteria in order for a Certificate of Compliance to be issued without further repair, adjustment or testing. B. Non-Exempt Motor Vehicles of the Model Year 1984 and newer must have a fully operational catalytic converter, air injection system, fuel restrictor and any other component(s), devices or systems specified by the Board in the Rules and Regulations. The Owner of a Non-Exempt Motor Vehicle is required to see that these systems are fully operational. An Exhaust Emissions Inspection will not be performed on any vehicle on which one or more of these components have been subject to Tampering. The Owner of any Non-Exempt Motor Vehicle which has been subject to Tampering must bring all components into compliance and have the vehicle inspected within the Inspection Period. C. A Certificate of Compliance may be issued by an Emissions Inspection Mechanic who personally has performed an Exhaust Emissions Inspection and found the Non-Exempt Motor Vehicle to be in full compliance with the Automotive Inspection Program or by an Emissions Repair Mechanic who has personally performed repairs and adjustments to a motor vehicle which bring such vehicle into full compliance with the Automotive Inspection Program or by the Board. D. No person shall represent himself or herself as an Emissions Inspection Mechanic unless he or she has a current license issued by the Board or is operating under a current contract with the Board. E. No person shall demand or collect a fee for the Exhaust Emissions Inspection of a Non- Exempt Motor Vehicle unless authorized by this Ordinance. 1.9. ACQUISITION OF PROPERTY; CERTIFICATES PROPERTY OF BOARD A. The Board may acquire by purchase, donation, dedication, or other lawful means any special equipment, tool5, materials or facilities needed to adequately administer, investigate or enforce the provisions of this Ordinance or the Rules and Regulations adopted pursuant hereto, provided, however, any acquisition made by the Board shall comply with all statutory requirements imposed upon the County of Ada for the purpose of receipt of property. B. All Certificates of Compliance are the property of the Board until such time as they are issued to properly inspected Motor Vehicles. 1.10. FALSIFICATION OF CERTIFICATES ( A. No person shall willfully make, issue, display, sell or possess any imitation, counterfeit, or alteration of a Certificate of Compliance. Such activities so constitute prima facie evidence of a violation of this Ordinance. B. No person shall display upon nor carry within any Non-Exempt Motor Vehicle a Certificate of Compliance knowing it to be issued without compliance with this Ordinance. Such activities so constitute prima facie evidence of a violation of this Ordinance. 1.11. ENFORCEMENT Any Owner who fails to present a Non-Exempt Motor Vehicle for an Exhaust Emissions Inspection during the Inspection Period is in violation of this Ordinance and will be subject to a Board processing fee and any and all other enforcement mechanisms available through Idaho Code, this Ordinance, and other applicable municipal or county ordinances. Nothing in this Ordinance shall be construed to prevent the Board from requesting or utilizing any and all enforcement mechanisms granted by law. 1.12. PENALTIES Any person who violates any provision of this Ordinance shall be deemed guilty of an infraction and, upon judgment thereof, shall be subject to the penalties set forth in Idaho Infraction Rule 9(b)(Otner Infractions). Failure to satisfy judgment as ordered by the Court pursuant to this Ordinance shall be deemed contempt of court punishable as a misdemeanor pursuant to Idaho Code 18-1801. 1.13. EFFECTIVE DATES This Ordinance shall be effective beginning on the date on which the Joint Powers Agreement is adopted and continuously thereafter unless and until rescinded by a majority vote of the [Board of Ada County Commissioners]. 1.14. SEVERABILITY If any Section, sentence, clause, word or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid or unenforceable by any court of competent jurisdiction, such shall not affect the validity and enforceability of the remaining portions of this Ordinance, all of which shall remain in full force and effect. AUTOMOTIVE INSPECTION PROGRAM JOINT POWERS AGREEMENT WHEREAS, Chapter 23 of Title 67, Idaho Code, provides for certain joint powers and activities between public agencies within the State of Idaho; WHEREAS, the public agencies signatory to this Agreement desire to create an Air Quality Board and exercise certain joint powers pursuant to said state law for the purpose of implementing and administering a motor vehicle emissions control program; WHEREAS, enabling legislation known as the 1999 Motor Vehicle Emissions Control Ordinance has been adopted by each participating agency defining the purpose, nature and scope of such program; WHEREAS, it is the finding of each public agency that such joint cooperative effort is the most efficient use of their powers in view of the geographic, economic and other factors influencing such program; WHEREAS, to be successful, such program within Ada County must function on a uniform basis within the common jurisdiction of all public agencies; WHEREAS, each public agency has the authority to enter into this Agreement and to perform individually the functions hereinafter described, and the execution of this Agreement will not extend the jurisdiction, power, privilege or authority of each public agency. NOW, THEREFORE, the undersigned public agencies hereby agree to the following terms and conditions of this Agreement. 1. Term. The term of this Agreement shall commence the _ day of , 1999, and remain in force until such time that the Automotive Inspection and Repair program provided for in the 1999 Motor Vehicle Emissions Control Ordinance is terminated. 2. Board Created. There is hereby created an entity to be known as the Air Quality Board, to act on behalf of each public agency signatory to this Agreement, for the purpose herein expressed. 3. PurDose of the Board. The purpose of the Board sh.all be to implement and administer the Automotive Inspection Program as the same is set forth in the 1999 Motor Joint Powers Agreement 1 [date] ( Vehicle Emissions Control Ordinance, a copy of which is attached hereto marked Exhibit "AU and incorporated herein by reference and attachment. Duties, responsibilities and guidelines for the Board are also included in Exhibit "A." 4. Board Composition. The Board shall consist of one elected official from each agency signatory to this Agreement, and one citizen-at-Iarge appointed by each agency signatory to this Agreement. One representative of Public Health District IV, or any agency that may succeed to its powers and duties, shall serve as an ex-officio member. The Director shall also serve as an ex-officio member. Each agency shall be responsible for selecting its representatives who shall serve until removed or replaced by the appointing agency. 5. By-Laws. The Board shall adopt By-Laws and distribute same to the chief executive officer of each agency signatory to this Agreement. 6. Funding. Funding for the program shall be a combination of state or federal grants, matching funds, inspection fees, and any other monies appropriated or accruing to the Air Quality Board. All financial transactions for the program shall be within the Motor Vehicle Emissions Inspection Fund establi~hed in Exhibit "A" and shall be accounted for in accordance with generally accepted accounting principles. Budgetary procedures of the Air Quality Board shall be as specified in Exhibit "A." 7. Termination. The Board shall not be terminated prior to termination of the 1999 Motor Vehicle Emissions Control Ordinance. The withdrawal of any agency prior to termination shall constitute a forfeiture of any funds or properties contributed by said agency to the Air Quality Board. Upon mutually agreed termination of the 1999 Motor Vehicle Emissions Control Ordinance by all participating agencies, the remaining funds or property contributed by each participating agency shall be returned to that agency. 8. Aareement to Enforce. The 1999 Motor Vehicle Emissions Control Ordinance, attached hereto as Exhibit "A," provides the statutory enabling law for the implementation and administration of the Automotive Inspection and Readjustment control program. Each public Joint Powers Agreement 2 [date] ,- ( agency, through the execution of this Agreement, agrees to the enforcement of said ordinance, where applicable, within its respective jurisdiction. 9. Miscellaneous. This Agreement and the attached Exhibit "AU shall therefore be executed and adopted by each agency in accordance with all applicable statutory requirements. Any action of the Board shall be subject to compliance with all state and federal laws applicable to municipalities and counties within the State of Idaho. Dated this _ day of I 1999. Passed by the Council and approved by the Mayor of the City of Boise, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk , 1999. Passed by the Council and approved by the Mayor of the City of Eagle, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk , 1999. Passed by the Council and approved by the Mayor of the City of Garden City, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk , 1999. Passed by the Council and approved by the Mayor of the City of Kuna, Idaho Approved By: Attest By: Mayor City Clerk Joint Powers Agreement 3 [date] Dated this _ day of , 1999. Passed by the Council and approved by the Mayor of the City of Meridian, Idaho Approved By: Attest By: Mayor City Clerk Dated this _ day of I 1999. Passed by the Council and approved by the Mayor of the City of Star, Idaho Approved By: Attest By: Mayor City Clerk Dated this _ day of , 1999. Passed and approved by the Board of Ada County Commissioners Approved By: Commissioner Approved By: Commissioner Approved By: Commissioner Dated this _ day of , 1999. Passed and approved by the Board of Ada County Highway District Commissioners Approved By: Approved By: Commissioner Commissioner Approved By: Approved By: Commissioner Commissioner Approved By: Commissioner CS\CB\AIR JOINTPWR.AGR Joint Powers Agreement 4 [date] MOTOR VEHICLE EMISSIONS CONTROL 6-1-3 1.1 (reserved) 1.2. SHORT TITLE This Ordinance may be cited as The 1999 Motor Vehicle Emissions Control Ordinance. 1.3. LEGISLATIVE FINDINGS AND PURPOSE OF ORDINANCE It is found and declared that exhaust emissions from Motor Vehicles are a major source of air pollution throughout Ada County and such air pollution is a health hazard to all residents of the County and its incorporated cities; It is further found and declared that an effective system of periodic motor vehicle inspection and maintenance will reduce the level of vehicular-based air pollution; It is further found and declared that the federal government has mandated to the several states and local entities the ultimate responsibility for periodic motor vehicle inspection and maintenance; It is further found and declared that Ada County has been designated as a non-attainment area for both carbon monoxide and small particulate matter (PM10) and as such is mandated under the Federal Clean Air Act to reduce emissions so that the National Ambient Air Quality Standards will be attained and maintained; It is further found and declared that Ada County and its incorporated cities will be monitored for PM2.s and ozone in the immediate future, and that the primary source of both of these pollutants in Ada County is exhaust emissions from motor vehicles. It is further found and declared that fuel economy is a legitimate legislative purpose and that an efficient emissions control program will result in motor vehicle fuel savings for the residents of Ada County and its incorporated cities; It is further found and declared that Ada County and its incorporated cities are duly authorized to enact and enforce this Ordinance under Idaho Code 931-714 and 9..., respectively; The purposes of this Ordinance, therefore, are to protect the health and welfare of the citizens of Ada County and its incorporated cities, to provide for the continued control and management of exhaust emissions above certain levels as determined by the Federal Clean Air Act, as amended, as well as Rules for the Control of Air Pollution in the State of Idaho (IDAPA 16.01.01, et seq), and to empower the Air Quality Board to design and implement required periodic inspection of certain motor vehicles. 1.4 DEFINITIONS Automotive Inspection Program That program established by the Board in accordance with this Ordinance and whose purpose is to implement the requirements of this Ordinance. Automotive Inspection Station Board Carbon Monoxide (CO) Certificate of Compliance Emissions Inspection Mechanic Emissions Repair Mechanic Exhaust Analyzer Exhaust Emissions Exhaust Emissions Control Device Exhaust Emissions Inspection and Exhaust Emissions Re- Inspection A facility licensed in accordance with Board specifications or operating under a contract with the Board for the purpose of performing Exhaust Emissions Inspections. The Air Quality Board, chartered under the Automotive Inspection and Readjustment Program Joint Powers Agreement and this Ordinance. An inorganic chemical compound containing one atom of carbon and one atom of oxygen. A Board-approved certificate verifying that the Motor Vehicle described thereon is in compliance with the requirements of this Ordinance and the Rules and Regulations adopted pursuant to this Ordinance. An individual who performs Exhaust Emissions Inspections on behalf of the Board in compliance with a formal written agreement with the Board. An individua.1 who performs exhaust emissions repairs to Motor Vehicles on behalf of the Board in compliance with a formal written agreement with the Board. A device for calculating the proportion of various gases, vapors and particles present in the Exhaust Emissions of a Motor Vehicle, specifically including Carbon Monoxide, Hydrocarbon, Oxides of Nitrogen, Sulfur Dioxide, Volatile Organic Compounds and any other gases, vapors and particles as required by the Board. Substances emitted into the atmosphere from any opening downstream of the exhaust port(s) of any Motor Vehicle engine. Equipment designed by the manufacturer for installation on a Motor Vehicle for the purpose of reducing pollutants emitted from the Motor Vehicle, or a system or engine modification of a vehicle which causes a reduction of pollutants emitted from the Motor Vehicle, as required by federal law. That test, performed at an Automotive Inspection Station or a Repair and Re-Inspection Station by an Emissions Inspection Mechanic, which determines whether a Motor Vehicle's Exhaust Emissions meet or do not meet applicable Pass-Adjust Criteria. Fine Particulate Matter (PM2.sJ All particulate matter, including condensable particulates, with an aerodynamic diameter of less than or equal to a nominal two and one half (2.5) micrometers. Gross Vehicle Weight The weight in pounds of a fully-fueled empty Motor Vehicle plus any additional carrying capacity specified by the vehicle manufacturer. Hydrocarbon (HC) An organic compound consisting exclusively of the elements carbon and hydrogen. Inspection Period That period, determined according to applicable Rules and Regulations, during which a Non-Exempt Motor Vehicle is scheduled to be presented for an Exhaust Emissions Inspection. Joint Powers Agreement That agreement entered into pursuant to the joint powers provisions of Idaho Code Chapter 23 Title 67, among and between the incorporated cities of Ada County, the County of Ada, and the Ada County Highway District, which creates the Board. Model Year The year of origin of a Motor Vehicle so designated by that vehicle's Certificate of Registration filed with the Idaho Department of Transportation. Motor Vehicle Any self-propelled Motor Vehicle with four or more wheels in contact with the ground. Motor Vehicle Owner An individual, partnership, firm, public, private, or municipal corporation, association, trust, estate, agency, lessee, political subdivision of the State of Idaho or the Government of the United States or any other legal entity or their legal representatives, agents or assigns whose name appears as owner of a Motor Vehicle on its Certificate of Registration. National Ambient Air Quality Standards (NAAQS) Standards developed by the U.S. Environmental Protection Agency in accordance with its responsibilities under the Federal Clean Air Act, as amended, and its implementing regulations. Non-Exempt Motor Vehicle A Motor Vehicle which is subject to the Automotive Inspection Program and its Exhaust Emissions Inspections. Oxides of Nitrogen (NO) A group of chemical compounds formed by the combination of oxygen and nitrogen. Ozone (O~ A molecule composed of three atoms of oxygen. Particulate Matter (PM1cJ All particulate matter, including condensable particulates, with an aerodynamic diameter of less than or equal to a nominal ten (10) micrometers. Pass-adjust Criteria Those standards set forth in the Rules and Regulations adopted by the Board pursuant to this Ordinance which specify the maximum allowable components which may exist in Exhaust Emissions of a Non-Exempt Motor Vehicle. Public Notice A statement of the Board's intent to modify the Rules and Regulations, including a summary of the proposed modifications, published in at least one newspaper of general circulation within Ada County, posted at the offices of the Air Quality Board, and mailed to all participants in the Joint Powers Agreement and all Automotive Inspection Stations. Repair and Re-Inspection Station A facility licensed in accordance with Board specifications or operating under a contract with the Board for the purpose of repairing Non-Exempt Motor Vehicles which have failed an Exhaust Emissions Inspection and to perform a re-inspection of Exhaust Emissions in a manner specified by the Board. Rules and Regulations Specific written provisions governing the Automotive Inspection Program, as adopted and amended by the Board from time to time. Sulfur Dioxide (SO~ A chemical compound consisting exclusively of the elements sulfur and oxygen. Tampering Removal of or rendering wholly or partially inoperative an Exhaust Emissions Control Device, including but not limited to the catalytic converter, air injection system, fuel inlet restrictor or other subsequent systems and devices designed and installed to reduce exhaust emissions. Volatile Organic Compound (va C) Any organic compound which readily evaporates in the atmosphere and, through its participation in atmospheric photochemical reactions, contributes to the formation of Ozone. 1.5. CREATION OF AN INSPECTION-MAINTENANCE PROGRAM A. An Air Quality Board is hereby created pursuant to the joint powers provisions of Idaho Code Chapter 23 Title 67 in a Joint Powers Agreement executed by the participating ( public agencies. The composition and organization of the Board shall be as set forth in the Joint Powers Agreement. B. The Board shall design and implement an Automotive Inspection Program for the mandatory Exhaust Emissions analysis, inspection, maintenance and repair of Non- Exempt Motor Vehicles to insure continued compliance with National Ambient Air Quality Standards and in accordance with applicable rules and regulations of the U.S. Environmental Protection Agency, the State of Idaho Division of Environmental Quality and the Ada Planning Association Board. C. The Exhaust Emissions of each Non-Exempt Motor Vehicle will be measured and evaluated periodically and the Owner of any such vehicle is required to present the vehicle at an Automotive Inspection Station for an Exhaust Emissions Inspection unless specifically exempted from this requirement by the Board or by this Ordinance. Failure to do so within the Inspection Period constitutes prima facie evidence of a violation of this Ordinance. The frequency and timing of the Inspection Period will be determined by the Board. D. The Owner of a Non-Exempt Motor Vehicle which passes an Exhaust Emissions Inspection as provided herein shall be presented with a Certificate of Compliance. The Owner shall maintain the certificate in a place and manner specified by the Board in the Rules and Regulations and present it to the Board or other authority upon demand. Failure to do so constitutes prima facie evidence of a violation of this Ordinance. E. A Motor Vehicle is classified as a Non-Exempt Motor Vehicle if all of the following are true: 1. The Certificate of Registration has 'ADA COUNTYJ entered upon it as the county of residence or would be required to have 'ADA COUNTYJ entered upon it as the county of residence pursuant to Idaho Code 49-401 B; 2. The Gross Vehicle Weight equals or exceeds 1500 pounds; and 3. The Model Year is 1965 or newer. F. The following are hereby specifically exempted from compliance with the Automotive Inspection Program, subject to verification in a manner specified by the Board and included in the Rules and Regulations: 1. Motorcycles as defined in Idaho Code 40-114; 2. "Idaho Old Timers" as defined in Idaho Code 49-406; 3. Farm tractors as defined in Idaho Code 49-107; 4. Motor Vehicles registered under the pro-rated registration provisions of Idaho Code 49-437 for a period of less than six (6) months; 5. Idaho Classic vehicles as defined in Idaho Code 49-406A; and 6. Motor Vehicles for which an alternate fuel type has been established according to Rules and Regulations adopted by the Board; 7. Such other Motor Vehicles as may be exempted by Rules and Regulations adopted by the Board. G. An Exhaust Emissions Inspection may only be performed by and in a manner consistent with Rules and Regulations adopted by the Board. An Exhaust Emissions Inspection shall include all of the following: 1 . A measurement of Exhaust Emissions using an approved Exhaust Analyzer or other procedure or device approved by the Board to sample the Motor Vehicle's Exhaust Emissions, specifically including Carbon Monoxide and Hydrocarbon content of the Exhaust Emissions and any other gases, vapors and particles as adopted by the Board to comply with the purposes of this Ordinance as expressed in Section 1.3; and 2. A determination as to whether Exhaust Emissions meet the Pass-Adjust Criteria; and 3. A visual inspection, for Model Years 1984 and newer, to verify presence of the catalytic converter, air injection system, size of the fuel restrictor and any other visual inspection component(s) specified by the Board in the Rules and Regulations; and 4. Any other inspection adopted by the Board in the Rules and Regulations. H. Where Exhaust Emissions do not meet the Pass-Adjust Criteria, an indication to a Motor Vehicle Owner of the repair and Re-Inspection provisions of the Automotive Inspection Program. I. It is the responsibility of the Owner of a Non-Exempt Motor Vehicle which was found not to comply with the Pass-Adjust Criteria to have the Motor Vehicle brought into compliance at the Owner's expense and to have it re-inspected within ten (10) calendar days of the failed Exhaust Emissions Inspection according to procedures and criteria established by the Board and included in the Rules and Regulations. J. Each Non-Exempt Motor Vehicle shall bear a share of the cost of the Automotive Inspection Program regardless of whether the Board elects to waive one or more Exhaust Emissions Inspections for that vehicle. The Motor Vehicle Owner for each Non- Exempt Motor Vehicle is required to submit payment to th~ Board or other authorized representative under terms and conditions specified in the Rules and Regulations. K. An Emissions Inspection Mechanic who performs an Exhaust Emissions Inspection on a Motor Vehicle shall, when the Motor Vehicle is found to comply with the Pass-Adjust Criteria, immediately issue a Certificate of Compliance in accordance with procedures adopted by the Board in the Rules and Regulations. The Certificate of Compliance will expire on the last day of the next Inspection Period for that Motor Vehicle. 1.6. DUTIES AND POWERS OF THE BOARD A. The Board shall conduct regular monthly meetings at such time and place as the Board shall determine. Meetings are open to the public. B. The Board, in accordance with the criteria expressed herein, shall adopt Rules and Regulations for the implementation and operation of the Automotive Inspection Program and amend those Rules and Regulations from time to time as it deems necessary. Rules and Regulations and amendments to same may only be adopted at an Air Quality Board meeting with a minimum of fourteen (14) days' Public Notice of the Board's intent to amend the Rules and Regulations. C. Rules and Regulations shall include but not be limited to the following: 1. Procedures for determining the exempt or non-exempt status of any Motor Vehicle and releasing exempt Motor Vehicles from further compliance with the Automotive Inspection Program; 2. Procedures for establishing the Inspection Period for a Non-Exempt Motor Vehicle; 3. Structure of the Automotive Inspection Program, specifically including whether repairs and adjustments to Motor Vehicles failing to comply with the Pass-Adjust Criteria mayor may not be made by Emissions Inspection Mechanics who perform the original Exhaust Emissions Inspection; 4. Procedures for licensing or contracting for Automotive Inspection Stations, Repair and Re-Inspection Stations, Emissions Inspection Mechanics and Emissions Repair Mechanics and for the potential termination thereof; 5. Pass-Adjust Criteria for all Non-Exempt Motor Vehicles; 6. Nature and display of Certificates of Compliance on Non-Exempt Motor Vehicles which successfully comply with the Pass-Adjust Criteria; 7. Specifications for approved Exhaust Analyzers or other emissions measurement devices or systems; 8. Procedures by which the fee to be charged each Motor Vehicle Owner for each Non-Exempt Motor Vehicle is determined, or, alternatively, the fee 'itself; 9. Circumstances under which a waiver may be granted to exempt a Non-Exempt Motor Vehicle from the provisions of this Ordinance, either temporarily or permanently; 10. Minimum effort(s) which will be required of the Owner of a Non-Exempt Motor Vehicle Owner which fails to comply with the Pass-Adjust Criteria in order to bring the failing vehicle into compliance with the Pass-Adjust Criteria, as well as procedures by which such minimum effort provisions may be amended from time to time. This effort shall generally be the minimum necessary to accommodate typical repair and reinspection needs and may be different for different Model Years; 11. Cost of a Certificate of Compliance. This shall be the minimum necessary to provide for the ongoing operation, administration, maintenance and enforcement of the Automotive Inspection Program and shall not exceed $4.00 without concurrence of all parties to the Joint Powers Agreement; 12. The processing fee which may be assessed upon Owners of Non-Exempt Motor Vehicles who fail to present their Non-Exempt Motor Vehicle for inspection within the Inspection Period and the procedure by which this fee is established. This fee shall be sufficient to recover costs of processing notices of violation for all Non-Exempt Motor Vehicles which do not comply with the provisions of this Ordinance within the Inspection Period; 13. Procedures governing the contracting for or licensing of Automotive Inspection Stations, Repair and Re-Inspection Stations and Emissions Inspection Mechanics and the suspension, revocation, or termination of those contracts or licenses when appropriate; 14. Schedules and deadlines for the flow of data, paperwork and information pertaining to Exhaust Emissions Inspections among Automotive Inspection Stations, Repair and Re-Inspection Stations, Exhaust Emissions Mechanics and the Automotive Inspection Program staff; and 15. Any other matters deemed to be within the authority of the Board. ( D. The Board may, at its discretion, employ the full power and authority of law to insure that Motor Vehicle Owners comply fully and completely with Idaho Code 49-401 8, specifically including correct designation of the county of residence as provided therein. E. The Board shall conduct an on-going quality assurance program to determine that all Automotive Inspection Stations, Repair and Re-Inspection Stations and Exhaust Emission Mechanics perform Automotive Inspection Program tasks in conformance with the adopted Rules and Regulations. F. The Board or its authorized representative, upon written notice and an opportunity for a hearing, may suspend, revoke and/or require the surrender and forfeiture of any license granted by the Board which is not utilized in accordance with this Ordinance or the Rules and Regulations. The procedure and grounds for suspension or revocation shall be set forth in the Rules and Regulations and shall comply with current Idaho law. G. The Board shall have the authority to undertake any additional actions reasonably necessary to the operation of the Automotive Inspection Program, including but not limited to: 1 . Employing necessary staff; 2. Executing necessary contracts and documents; 3. Authorizing deposits into and expenditures from the Motor Vehicle Emissions Inspection Fund; 4. Acquiring and disposing of personal property; 5. Establishing an annual budget for the Air Inspection Program; 6. Operating the Automotive Inspection Program in accordance with standard fiscal practice; and 7. Providing for an annual audit of both financial and management practices of the Automotive Inspection Program. H. The Board shall conduct ongoing evaluations of the Automotive Inspection Program sufficient to satisfy requirements of the US Environmental Protection Agency, the Ada Planning Association Board and other applicable rules and statutes. 1.7. FINANCING A. There is hereby established a Motor Vehicle Emissions Inspection Fund which shall consist of the following: 1 . Money appropriated thereto by the Board or any local entity; 2. Money remitted by Automotive Inspection Stations and Repair and Re-Inspection Stations which is collected as fees; 3. Money received by the Board from private grants or donations; 4. Money received by the Board from processing fees assessed to Owners of Non- Exempt Motor Vehicles who do not present their vehicle for an Exhaust Emissions Inspection during the Inspection Period; 5. Federal or state funds received by the Board for the Automotive Inspection Program; and 6. Any other funds received by the Board from any source. 8. Moneys in the Motor Vehicle Emissions Inspection Fund may be used to pay all costs ,r incurred by the Board in administering any aspect of the Automotive Inspection Program. c. The Board shall appropriate and budget on a fiscal year basis, indicating expenditures to be made in implementing and administering the Automotive Inspection Program and sources of income to be used for such expenditures. 1.8. INSPECTION CRITERIA AND COSTS A. A Non-Exempt Motor Vehicle's Exhaust Emissions must be less than or equal to the approved Pass-Adjust Criteria in order for a Certificate of Compliance to be issued without further repair, adjustment or testing. B. Non-Exempt Motor Vehicles of the Model Year 1984 and newer must have a fully operational catalytic converter, air injection system, fuel restrictor and any other component(s), devices or systems specified by the Board in the Rules and Regulations. The Owner of a Non-Exempt Motor Vehicle is required to see that these systems are fully operational. An Exhaust Emissions Inspection will not be performed on any vehicle on which one or more of these components have been subject to Tampering. The Owner of any Non-Exempt Motor Vehicle which has been subject to Tampering must bring all components into compliance and have the vehicle inspected within the Inspection Period. C. A Certificate of Compliance may be issued by an Emissions Inspection Mechanic who personally has performed an Exhaust Emissions Inspection and found the Non-Exempt Motor Vehicle to be in full compliance with the Automotive Inspection Program or by an Emissions Repair Mechanic who has personally performed repairs and adjustments to a motor vehicle which bring such vehicle into full compliance with the Automotive Inspection Program or by the Board. D. No person shall represent himself or herself as an Emissions Inspection Mechanic unless he or she has a current license issued by the Board or is operating under a current contract with the Board. E. No person shall demand or collect a fee for the Exhaust Emissions Inspection of a Non- Exempt Motor Vehicle unless authorized by this Ordinance. 1.9. ACQUISITION OF PROPERTY; CERTIFICATES PROPERTY OF BOARD A. The Board may acquire by purchase, donation, dedication, or other lawful means any special equipment, tools, materials or facilities needed to adequately administer, investigate or enforce the provisions of this Ordinance or the Rules and Regulations adopted pursuant hereto, provided, however, any acquisition made by the Board shall comply with all statutory requirements imposed upon the County of Ada for the purpose of receipt of property. B. All Certificates of Compliance are the property of the Board until such time as they are issued to properly inspected Motor Vehicles. 1.10. FALSIFICATION OF CERTIFICATES ( A. No person shall willfully make, issue, display, sell or possess any imitation, counterfeit, or alteration of a Certificate of Compliance. Such activities so constitute prima facie evidence of a violation of this Ordinance. B. No person shall display upon nor carry within any Non-Exempt Motor Vehicle a Certificate of Compliance knowing it to be issued without compliance with this Ordinance. Such activities so constitute prima facie evidence of a violation of this Ordinance. 1.11. ENFORCEMENT Any Owner who fails to present a Non-Exempt Motor Vehicle for an Exhaust Emissions Inspection during the Inspection Period is in violation of this Ordinance and will be subject to a Board processing fee and any and all other enforcement mechanisms available through Idaho Code, this Ordinance, and other applicable municipal or county ordinances. Nothing in this Ordinance shall be construed to prevent the Board from requesting or utilizing any and all enforcement mechanisms granted by law. 1.12. PENALTIES Any person who violates any provision of this Ordinance shall be deemed guilty of an infraction and, upon judgment thereof, shall be subject to the penalties set forth in Idaho Infraction Rule 9(b)(Other Infractions). Failure to satisfy judgment as ordered by the Court pursuant to this Ordinance shall be deemed contempt of court punishable as a misdemeanor pursuant to Idaho Code 18-1801. 1.13. EFFECTIVE DATES This Ordinance shall be effective beginning on the date on which the Joint Powers Agreement is adopted and continuously thereafter unless and until rescinded by a majority vote of the [Board of Ada County Commissioners]. 1.14. SEVERABILITY If any Section, sentence, clause, word or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid or unenforceable by any court of competent jurisdiction, such shall not affect the validity and enforceability of the remaining portions of this Ordinance, all of which shall remain in full force and effect. ( r> ( 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: NAMPA MERIDIAN IRRIGATION: J1~ 1Jv~ Jr1uoY r ~0JP ~~r1 ~ ~9J if ~ CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: I I All Materials presented at public meetings shall become property of the City of Meridian. ( C~ty()f..lVleridian P...bliC;1IVorks Dept. IAJ~ ~ Memo RECEIVED FEB 1 6 1999 CITY OF MERIDIAN To: Mayor & Council Frum: Gary D. Smith, PE CC: file Date: 02116/99 Re: Contract Building Inspectors Here is a copy of each of the existing agreements with our "contract building inspectors" along with a spread sheet showing the.dollar v.aWe "guts" of each agreement Our building inspector and eJedJicaJ inspector are not requesting any changes to their existing contracts. Our m~anical 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 hav,e any.questioRs ~.giYe me :B -call. Regards, Gary )0-- From the desk of. . . Gary D. Smith, PE Meridian City Engineer Meridian Public Works Department 200 E. Carlton St., Suite 100 Meridian, Idaho 83642-26O(J . Page 1 {208) 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 400J'o $30,000 to $50,000 30% $50,000 to $75,000 250/0 over $75,000 Negotiate fee for structure over $500,000 value. 85010 of re-inspection fees. FY '98 Payment $217,893.37 FY '98 Permit Revenue $822,028.25 Percent Of Total Revenue 26.50J'o FY 198 Contract (no change requested) ELECTRICAL - Inspector Percentage 500/0 50% 40% Pennit Fee All Commercial Permits First $40,000 of Residential Permlts 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 '98 Contract (requested changes in italics) Inspector Percentage Permit Fee 750/0 First $30,000 600/0 $30,000 to $45,000 50% $45,000 to $60,000 40% $60,000 to $75,000 30% Over $75,000 40% Over $75,000 Proposed Change (~~?:?:.\~!ff Negotiate permit fee of $1,000 or more FY 198 Payment $57,698.31 FY 198 Permit Revenue $116,701.48 Percent Of Total Revenue 49.40/0 FY 198 Contract (requested changes in italics) PLUMBING Inspector Percentage 500/0 40% 30% Permit Fee First $50,000 $50,000 to $100,000 Over $100,000 FY '98 Payment $77,707.63 FY '98 Permit Revenue $208,093.42 ::t:'~~:;}t- 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 +~01 - ~ ~ o.l-;:A-- cl~ VL~ v\.A~ Y (qQS THIS AGREEMENT, made the 1 st day of October, ~.s97. between the City of Meridian, an Idaho municipal corporation, and WHITMAN & ASSOCIATES, INC., a licensed Building Inspector, located in Boise, 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 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 alf buildings or structures in the City. The code provides for issuance of permits and collection of fees therefore; and each and alf of the regulations, provisions, conditions and terms of such Unifonn 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 shalf 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 follo\^lS: 1. That Whitman & Associates, Inc., 284 Oakhurst Way, Boise, Idaho sh " he ~ Building Official for the City of Meridian, Idaho; 2. The fee payable by the City of Meridian, Idaho. to Whitman & Associates Inc. shalf be according to the value placed on the building permit and based upon the following pay schedule: A. 50% of the permit fees for the first $30,000 in permit fees corrected annually. B. 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~ECE/VFI.~' ~r : ~.. !,~ ? :~~. MER/[)u-,c' . CITY EN(';JhtFr-~f ( 3. The permit 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. 1 q 43 The term of this contract shall be one year commencing on October 1, ~ until October 1, 499t) 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 3~ BER D. CORRIE MAYOR - CITY OF MERIDIAN ~~ VJ~l~ DAUNT WHITMAN PRESIDENT - WHITMAN & ASSOC. INC. ATTEST: ~(JY.: I ~ ~ ~ we-~ -Iv ~~ ~rj-- ~~ I~~ ~ ~C~~~II ~ ~ 10 h-R- ~ ~ rd" '~~ ~ IU.L ~ :ut~~~. ~~. ~ CONTRACT FOR SERVICES ~J~ ~ ~ ~ut-~ ~~~Y d;P l q tt8 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 laws 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 offees, 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 foHows: 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. B. 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 ,4 f~ ? 2 '~.- ~ MERlDiAI\ CITY ENGINEE~ ( The Electrical 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 of Harold's Electric Co. Inc. to the City of Meridian J q 18 The. term of this contract shall be one year commencing on October 1, ~ until · October 1, 1B96'" and shall continue from year to year until terminated as provided hereinafter. L 1 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 without 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 16-9~ N~/ d-r~ HAROLD HUDSON PRESIDENT - HAROLD'S ELECTRIC CO. INC. CONTRACT FOR SERVICES 1 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 lAt.J 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 heatingl 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 Unifonn 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 follows: 41 q S. S"pDOV\ l:?; 1I ~. 1. That RIMI, Inc., 3400 Sugar Crool~, 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 permit, and based upon the following pay schedule: A. 75% of the permit fees for the first $30,000 in permit fees collected annually. B. 60% of the permit fees between $30,000 to $45,000 in permit fees collected annually. C. 500;0 of the permit fees between $45,000 to $60,000 in permit fees collected annually. D. 400;0 of the permit fees between $60,000 to $75,000 in permit fees collected annually. RECEIVED < j :~ ~\l ? 2 'i. ~ MERJDI A r"c CITY ENGINEER ~ ~iJ ~ J ..M.L~ -k 40 0/1) permit fees 3. Any permit fee of $1000.00 of more the fee to RIMI Inc. shall be negotiable between the City of Meridian and RIMI Inc. The Mechanical Inspector is an independent contractor and not an employee of the City of Meridian and shall be responsible for all insurances, v.urkman's .compensation, taxes, and shall furnish certificates for each employee to the City of Meridian. lq~~ The term of this agreement shall be one (1) year commencing on October 1, +99r- until October 1, ~and 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 (f approved by City Council 12 1~ 90 I ( CONTRACT FOR SERVICES Lfq8 THIS AGREEMENT, made this 1 st day of October,-499-7, between 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 building 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 Coder 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 follo'NS: '341-0 ~Ut, ~ 1. That Lynd, Inc. 1310 C. ~tR 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 Lyndr Inc., shall be according to the value placed on the plumbing permit and based upon the following pay schedule: ~J1.d L4- a,f 0, ~ A 50% of the permit fees for the first€~O~ p;rmit fees Cf~ ~ collected annually. 10 t ()()/ (j'(JO · ~Vt~ ~ ~ ~ r)-LtlNLY- ~ -Iv i Of) (!VO fv J _ 1- 0tJ (/1J7J. ) B. 40% of the permit fees bef:\vee permit fees collected annually. c. 30% of the permit fees ov collected annually. $100,000 permit fees ly J;t ft- w.. M-~ 10 Ut~~L ~ -h f ~ 01 I!7/lJ ~ RECElt/J.r:rJ 1 " I. J ...... r. J /-~. IY / t. MERJf)! r~ r.; CITY ENGJNFfr. , - ( ( 3. Upon permit 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, 'Mlrkman's compensation, taxes, and shall furnish certificates for each employee to the City of Meridian. jOjqg The term of this agreement shall be one year commencing on October 1, ~, unt; I 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 without cause. APPROVED: ERT D. CORRIE YOR - CITY OF MERIDIAN ATTEST: WilliAM G. BERG, JR. CITY CLERK - CITY OF MERIDIAN approved by City Council 12 lG 96 ~ ~:;/~ L YND HOOVER. PRESIDENT - L YND, INC. ( RESOLUTION NO. :l) 5 BY: !Vt.a;-lIe ;fo?Wt--Ire.e- C/J-y {!tJtl4,-cd/ 1M e Jl'Vb~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE /6f1r...- DAY OF ~6rtul-& ' 1999, BY AND BETWEEN THE CITY OF MERIDIAN HUBBLE ENGINEERING, INC. 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 HUBBLE ENGINEERING, INC., denoted as "DEVELOPMENT 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 HUBBLE ENGINEERING, entitled "DEVELOPMENT 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, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREErvlliNT WITH HUBBLE ENGINEERS - MIDV ALLEY BUSINESS PARK PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /6~day of kb/-UCiI-t/ ,1999. v APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /6(/:- day of ;=:e6f-uartf , 1999. u ATTEST: RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH HUBBLE ENGINEERS - MIDV ALLEY BUSINESS PARK 2 CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected ClerIc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the / 6 ~ day of ~6;-Uttu.'I ,1999, the following action has been taken and authorized: v A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", CITY OF MERIDIAN, GRANTOR. 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 agreement with HUBBLE ENGINEERING, INC., denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto Inarl<-ed 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: I. The Mayor and ClerIc are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with HUBBLE ENGINEERING, INC., entitled "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marlced as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \ \ \ , \ , 1111111/ J I ,,-\\\\ 111// \.' // ,-(\.' ~ 1'/.... ~> ~~ C}J\ ~ ~ ~ / ~'<l J:i,.)~ ~ I .~ :: o"",..t) .r'D \ ;-. ~ ~ c: c~ 00 (1,\ 0 ~ :~ 2" 'f t~~ ~; ) "11 :: ; ~ 4 (1 (S ", ~:;u ~ STI ^ 'TE OF IDAHO, ~ ~...-\ ~ ;~:; }. jn :;' li.. ~ · ...;. t-t ~.,.:/ / ,~-1 ,2 S5 ~ t.? c ~J ()?,../ _/~,.,' .:.~' . ~~ ~~~;;:~~;~<~. County of Ada, I ) "''''''or ':'0. . .~ \..$~ ~I/II \\\\,.. /) (Q ^. 1 tiff Ni:{HH\\'\\\ On thisdO. day of J/brU'Or2(, in the year 1999, before me, fr.r:J~ j -=----;s-, {)l~ , a Notary Public, appeared WILL G. BERG, JR., lcnovvn or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and aclcnowledged to me that he executed the same on behalf of the City of Meridian. "", ".........1. fo......~' ~L L. ,9 ;f'#4#~ ~.. ~ U ....... 'lA.-. ~ ~~ ....,..';' o. .. Ilt".--.p- ~ ~ \.. .0 .. ~ ~. . ~ = .a ~ 0 T ~ t...... ~ ~ . \.- .r._ ~ . : . (i~) -.- : * i Notary ublic or Idaho i ~ \. ~.. )>UBL"C l i Commission Expires: JQ / 5 :)i)()d- c>"p.., .0 ~ ~ ..?> 0$ .. A.~ ~ ~-4':~ "....... _~T ~~ msg\D~ ilts'01F~~ File\Resoultions\MIDVALLEY BUS PARlC SUB DEVELPMT AGMT CERTIFICATE OF ~Jf ..~ CLERIC. wpcr" ". III"" r CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 2 ('-- ( ( Ada Planning Association Report No. 13-97 AIR QUALITY PROGRAM RECEIVI:JD FEB - 8 1999 CIIT OF MERIDIAN FOR TREASURE VALLEY Prepared By: Ada Planning Association (APA) In Cooperation with Ada County Air Quality Board and Idaho Division of Environmental Quality (IDEQ) Clair Bowman, Executive Director March 1998 Erv Glen, Deputy Director I ! r' EXECUTIVE SUMMARY Introduction. This paper provides a broad overview .of air quality concerns in Ada County, Idaho, and recommends a series of modifications and enhancements to existing air quality maintenance and improvement programs both in Ada County and the surrounding area. The purpose of these recommendations is to establish a proactive stance on behalf of area residents' health .and local government agencies charged with maintaining air quality. These recommendations, if implemented, promise to: 1. Maintain healthy air quality throughout the Treasure Valley; 2. Minimize impacts on the general public of current and proposed air quality control measures; and 3. Retain control of air quality programs by Treasure Valley local governments rather than abdicating future program direction to state or federal agencies. Northern Ada County is designated nonattainment for carbon monoxide (CO) and particulate matter smaller than 10 microns in diameter (PM10), Although air pollution levels in Ada County have reduced significantly over the past several decades, recent evidence points to a reversal of this trend, largely due to side-effect~ of increased vehicle usage. Furthermore, air quality has clearly become a Treasure Valley (as opposed to an Ada County) issue, since growth is having a significant impact on Ada and most surrounding counties. Use of automobiles throughout the Treasure Valley continues to increase faster than population growth. Air quality impacts of i.ncreased vehicle use now threaten the oft-cited pristine nature of the Valley. MeasLires must be taken to cope with adverse effects of such growth. Program Objectives. Beyond the general goals cited above, specific objectives of the recommendations contained in this program are to: 1. Enhance efficiency of the existing vehicle inspection program by decreasing the cost of annual testing, increasing convenience and expanding functions; 2. Monitor other health-hazard vehicle emissions which are not currently tested as part of the annual Vehicle Inspection and Maintenance Program; 3. Address air quality issues as Treasure Valley issues; and 4. Increase stringency and enforcement of current air quality improvement measures. Recommendations. Twenty-one recommendations are proposed, generally classified into administrative and operational recommendations with short and long-range components of each. Short term recommendations are anticipated to be implemented as soon as practical; long range ones will likely take three-ta-five years. These recommendations can be summa- rized in the following general categories: 1 /"" \ TABLE OF .CONTENTS EXECUTIVE SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 REGIONAL GROWTH AND AIR QUALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . 3 A REVIEW OF AIR QUALITY CONCERNS IN THE TREASURE VALLEY. . . . . . . . . . . . . . . . 5 A. Carbon Monoxide in Northern Ada County ................................ 5 Health Effects of Carbon Monoxide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 State I mplementation Plan for Carbon Monoxide. ....................... 8 B. Small Particulate Matter Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Health Effects of Small Particulate Matter ............................. 9 State Implementation Plan for Small Particulate Matter. .................. 9 C. Additional Air Quality Issues on the Horizon ............................... 9 D. Air Quality Conformity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 GOALS AND OBJECTIVES .................................................. 11 A. Goals ........................................................... 11 B. Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 RECOMMENDATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 A. Administrative Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Short Range Administrative Recommendations . . . . . . . . . . . . . . . . . . . . . . . . 13 Long Range Administrative Recommendations: . . . . . . . . . . . . . . . . . . . . . . . . 17 B. Operational Recommendations . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 20 Short Range . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Long Range . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 REMOTE SENSING DEVICES (RSD) .......................................... 26 PUBLIC OUTREACH EFFORTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 A. Public Outreach Plan ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 B. Summary Results of Public Outreach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 C. Summary Results of Public Opinion Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 APPEN DICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 GLOSSARY ..................... '. . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . End Page REGIONAL GROWTH AND AIR QUALITY The Treasure Valley has experienced rapid population growth over the past ten 'years, similar to earlier population growth spurts of the 1960's and 1970's only sustained for a longer period of time. The total population of Ada and Canyon Counties has increased from 295,851 in 1990 to 372,584 in 1996, an increase of 30% or nearly 60/0 per year. Recent population projections for the Valley point to nearly 555,000 residents by 2020. Table 1 and Figure 1 track the actual and forecast population changes for the Treasure Valley from 1980 through 2020. I Area I 1980 I 1990 I 1996 I 2000 I 2010 I 2020 I Ada County 173,036 205,775 260,054 284,267 334,889 366,285 Canyon County 83,756 90,076 112,530 125,429 156,572 188,215 Treasure Valley 256,792 295,851 372,584 4091696 491,461 554,500 Table 1-Treasure Valley Population, 1980 - 2020 Figure 1 Treasure Valley Population, 1980-2020 600 500 ~ 400 c m 300 ::s .2 200 t- 100 o ------ ~ .---- --- .----- ___I ------- ------ ..-- ------- ---- .--- - ~ . .------- ~ --- 1980 1990 1996 2000 Year 2010 2020 ___ Ada County ___ Canyon County ___ Treasure Vally This dramatic growth in population, however, is overshadowed by an even more dramatic growth in vehicle miles of travel (VMT). For the past decade, VMT has been growing at nearly twice the rate of population growth. Ada Planning Association's computerized travel forecasting model predicts that by 2020, VMT in Ada County alone will reach nearly 10 million per day, producing more than 232,000 kilograms of carbon monoxide (CO) and more than 10,0001 kilograms of small particulate matter (PM10) emissions per day. Negative air quality impacts of population and VMT growth have been held in check in Ada County since 1981 by a combination of several factors enumerated on page 8. This achieve- ment, however, is now being overwhelmed by the rapid growth in VMT. It is estimated that by 1. This is an estimate; the exact amount of particulate matter emissions was unknown at press time. A new emission inventory for these particulates is in preparation. 3 ( A REVIEW OF AIR QUALITY CONCERNS IN THE TREASURE VALLEY There are six pollutants for which the U.S. Environmental Protection Agency (EPA) has national standards. These are carbon monoxide (CO), Ozone (03), particulate matter smaller than 10 microns in diameter (PM10), nitrogen oxides (NOx), sulfur oxides (SOx) and lead (Pb). Areas whose air contains any of these pollutants above EPA's National Ambient Air Quality Standards (NAAQS) are designated as IINonattainmentll areas. Northern Ada County, north of the Boise Baseline, has been designated as nonattainment for two of these pollutants, CO and PM10. Canyon County has not been designated as nonattainment for any of the above pollutants. In recent years, however, air quality concerns for Canyon County have led the Idaho Division of Environmental Quality (IDEO) to install air quality monitoring devices in the City of Nampa. Results have shown relatively high concentrations of PM1o. A. Carbon Monoxide in Northern Ada County On a typical winter day in Ada County, 750/0 of the carbon monoxide (CO) in the air is produced by vehicle emissions; most of the rest comes from wood burning. There are no significant industrial sources of CO in Ada County (such as a 'smoke stack' factory). Table 2 and Figure 4 show the various sources of CO in Ada County and their contributions to the CO problem. Table 2- SOURCES OF CARBON MONOXIDE IN NORTHERN ADA COUNW SOURCE TYPE CARBON MONOXIDE EMISSIONS Tons Per Year 0/0 of Total Stationary Point Sources (such as smoke stack factories) NA 0.0 Stationary Area Sources ( such as fi replaces) 15,026 19.2 On-road Mobile Sources ( such as automobiles) 58 777 75.1 Non-road Mobile Sources (such as lawn mowers, etc.) 4,456 5.7 Total 78,259 100.0 FIg. 4 On-Road Mobile Non-Road MobIle OJ Stationary Area ~ On-Road Mobile o Non..Road Mobile 2. Source: 1993 Base Year Carbon Monoxide Emission Inventory for Northern Ada County, Idaho, DEQ, 1995. 5 ( National health standards established by EPA require that an area's 8-hour concentration of CO be less than 9 parts per million (ppm). In spite of population and VMT growth noted earlier, Ada County has not experienced a violation .of CO standards since 1987. Figure 5 depicts improve- ment of CO concentration in Ada County over the past 20 years. As mentioned earlier, benefits from these emission reductions have been increasingly offset by the growth in vehicle use. Ada County experienced one exceedance of CO in 1991. Technically, a violation of the national air quality standards occurs when two exceedances are measured in a single year. The lack of violations in the past few years led EPA, in 1992, to designate Ada County as a IINot-classified Nonattainment areall for CO. This designation, however, does not relieve the area from the requirement of Air Quality Conformity for its transportation plans, programs and projects. Fig. 5 CO Levels in Northern Ada County, 1977 - 1996 80 25 70 ~60 -20 () 0 0 i50 -15 r- "'C CD Q) < ?j40 CD U; x 10 ~ ~30 "'0 1J 0 3 020 ~ z -5 10 0 0 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 Year · 1 st High (Right) (Y2) .L 2nd High (lRight) (Y2) tt NAAQS Levels (Right) (Y2) # of Exceedances (Left) (Y1) 7 l I I ( PM10 concentrations generally occur in wintertime, during stagnation of atmospheric air in the Valley. Current evidence shows that as the Treasure Valley grows, the PM10 problem will grow more serious. Health Effects of Small Particulate Matter. PM10 irritates the membranes of the respiratory system, possibly resulting in aggravation of existing respiratory and cardiovascular diseases, alteration of the body's defense system, carcinogenesis, and premature mortality. In addition, PM10 is strongly correlated with infant mortality in urban areas4. State Implementation Plan f~r Small Particulate Matter. A 1991 State Implementation Plan (SIP) for PM10 identified woodbu.rning as a major source of PM10 in Ada County. Mobile sources were responsible for 25% of PM10 emissions in wintertime. A substantial portion of this problem occurred when vehicle tires came into contact with sand placed on roadways to minimize impacts of snowfall. A contingency plan to reduce winter-time PM10 levels was submitted to EPA in July 1995. This plan emphasized improved road sweeping practices in wintertime to reduce PM10. Subsequently, the Idaho Transportation Department (ITD) and the Ada County Highway District (ACHD) adopted and implemented this plan. Other PM10 control measures need to be adopted to bring levels of this pollutant down in Ada County. The 1991 Ada County PM10 SIP does not reflect the rapid growth this region has experienced over the past ten years. Efforts are currently underway to update it, with IDEQ, APA and ITD currently working together to produce an updated inventory of PM10 sources in Ada County; sources in adjacent counties, to the extent that they affect PM10 concentrations in Ada County, are also included. The new document will provide a current, comprehensive PM10 Emission Inventory for Ada County as well as preliminary data on PM2.S emissions. The new Emission Inventory will be the basis of a more realistic State Implementation Plan for Ada County's PM10 problem. c. Additional Air Quality Issues on the Horizon Continuing rapid growth in population and vehicle miles of travel increase the likelihood that Ada County will soon (perhaps as soon as the turn of the century) be designated as a non- attainment area for two. more pollutants. First, new air quality standards were recently adopted by the Environmental Protection Agency which require monitoring particulates of 2.5 microns in diameter or less (PM2.S). The new standards will take effect in the early 2000's and will likely result in a non-attainment status for Ada County. Canyon County may be similarly affected. Major contributors to PM2.5 are oxides of nitrogen (NOx) and hydro carbon (HC). These pollutants are created as side effects of emis- sions from vehicle tail pipes and other sources. In the local atmosphere, oxides of nitrogen (NOx) emitted from vehicle tail pipes combine with other atmospheric elements to produce tiny particulate matter. PM2.S particles bypass normal body defenses and lodge deeply in human lungs. 4. US Department of Transportation, Federal Highway Administration, "Transportation Air Quality J Selected Facts and Figures", Washington, DC., 1996. 9 ~ GOALS AND OBJECTIVES A. Goals This program attempts to accomplish three broad goals related to improvement of air quality in the Treasure Valley: 1. Maintain healthy air quality throughout the Treasure Valley Nationwide studie.s show that there are serious human health problems associated with excessive concentrations of air pollutants discussed in this paper, with. CO and PM 10 being of special and immediate concern. Some of these studies have been conducted in Ada County. Despite weaknesses in some of the individual studies, the overall brunt of the research evidence is very clear: Higher levels of these pollutants cause increased health problems and increased health problems result in increased emotional, social and economic costs to individuals and the community as a whole. These consequences are measured both in terms of social well-being and the area's economic vitality or lack thereof. 2. Minimize the negative impact of air quality control measures on the general public. The primary strategy now in place to maintain Ada County's air quality is the Vehicle Inspection and Maintenance (1M) Program. All proposed changes to this program must balance the need to increase air quality benefits of the program with the equally important goals of reducing unnecessary intrusion of the program to the public and providing a reasonable opportunity for private providers of the current program to make a smooth transition to a modified program. 3. Retain control of air quality programs by Treasure Valley local governments rather than abdicating local authority to federal agencies. It is evid~nt that local governments must immediately begin to take proactive measures to prevent deterioration of Treasure Valley air quality. Failure to do so risks virtually immediate transition of program control from local government to the Environmental Protection Agency. In general, these state and federal agencies would be mandated by existing regulations to implement much harsher standards and program changes than will be required if local governments act proactively and in unison to initiate some of the most-needed program improvements. Doing so not only retains control of air quality 11 .I - i ( RECOMMENDATIONS The recommendations have been grouped into administrative and operational recommenda- tions with a short range and long range subset under each heading. It is anticipated that full implementation of recommendations labeled short term will occur in the next one to three years; long term recommendations will require at least three and perhaps as much as five years for full implementation. Original draft recommendations were grouped by the development team into short, medium and long range recommendations, with the description relating to timing of their implementation. Presenting recommendations grouped in this fashion seemed confusing to the public input respondents, so the current grouping scheme was developed. Its structure is in line with comments received by public input respondents and is intended to make the scope of the recommendations more easily understood by the general public. A. Administrative Recommendations Administrative recommendations pertain to local policies, and particularly to administration of the existing Vehicle Inspection and Maintenance (1M) Program. Short Range Administrative Recommendations: 1. Promote Alternative Modes of Transportation. The most effective way to reduce vehicle emissions is to reduce dependency on single occupancy vehicles as the predominant means of urban travel. It is a long-standing policy of the Ada Planning Association Bo~rd as well as the City of Boise to promote alternative means of travel including transit, carpooling/vanpooling, biking, walking, etc. According to the 1990 Census 81 % of travel to work in Ada County was by means of driving alone; 10oA. carpooled; 1 % used transit; and BOA> used other means. Ada County's long range transportation plan, Destination 2015, has established the specific goal of increasing the share of alternative modes to 250"" of all such trips. Further emphasizing this effort would further reduce small particulate matter (PM10) emissions. Recommendation: That local governments in Ada County increase their support for and emphasis upon public transportation options when practical. 2. Remove The Sunset Clauses from Remaining Air Quality Ordinances. A Vehicle Inspection and Maintenance (1M) Program, operated under the auspices of the Air Quality Board, was established in 1984 as a joint action of Ada County, the Ada County Highway District, and the cities of Boise, Eagle, Garden City and Meridian. Upon their initial adoption, each of these agencies included a "sunset clause" in their ordinance which called for termination of the program on a certain date in the future. Realizing the benefits of the program, during the early 1990.s, each agency periodically extended the life of the ordinance. In 1997, the cities of Eagle, Garden City and Meridian and the Ada County Highway District (ACHD) re-adopted the ordinance without any sunset provision, thus extending its life permanently unless an injunction is formally adopted. Ada County extended the program, but opted to retain a sunset clause dated 12/31/1999. The City of Boise extended the program through 12/31/2003. Stability for the 1M Program would be maximized if Ada County and Boise City also removed their sunset clauses. 13 /- ( 4. Expand Participation in the Existing Vehicle Inspection and Maintenance Program to Include AII'Vehicles Which Regularly Use Roadways in the Nonattainment Area. A substantial number of vehicles based outside the nonattainment area (see Figure 3) commute into northern Ada County on a regular basis. These vehicles constituted more than 15% of all trips into and out of the urban area in '1996, a dramatic increase from 10% of such trips in 1990. Nevertheless, none of these vehicles are subject to the existing Vehicle Inspection and Maintenance Program. Reasonableness demands that this situation be corrected. These vehicles are and have been part of Ada County's CO problem and are a growing part of the PM10 problem. To remedy this situation, however, requires action by the Idaho Legislature and requires a clear definition of 'regular u,se' which is easily understood and reliably measured. Remote Sensing Device technology gives us the ability to implement reliably almost any definition of 'regular use.' Therefore, the real challenge will be to determine an accept- able definition and gain approval of legislators to implement it. The most reasonable definition would highlight those vehicles causing problems at times of greatest concern, namely, those vehicles whose purposes are commercial or work-based. Applicability of such a definition should, of course, be limited to those areas with a state-approved, vehicle-based emissions inspection program. Recommendation: (1) That staff of the Ada Planning Association, the Air Quality Board and the Idaho Division of Environmental Quality prepare a draft definition of 'regular use' for review by their respective agency policy makers; (2) That these same staff draft enabling legislation to empower any agency which implements a vehicle inspection and maintenance program to include in the program all vehicles which 'regularly use' the roadways in that area; and (3) That this draft legislation be reviewed by the Ada Planning Association Board and the Air Quality Board for potential submission to the Idaho State Legislature. 5. Implement An Alternative Payment Strategy for Vehicle Inspection and Mainte- nance Program Fees. Currently, each individual who owns a vehicle subject to the 1M program pays their fee directly to the station where they take the vehicle for testing. Other recommendations contained in this program intend to exempt many of these vehicles from the current exhaust emission test provided their exhaust emissions are satisfactorily monitored by an alternative technique and they pass appropriate thresh- olds. Coupling a modification of this sort with subsequent operational changes to the 1M program would also reduce the cost per vehicle from the existing $12.00 to less than $9.00. Such vehicles would not have to be taken to stationary testing sites for at least a period of one year after such an observation. Nevertheless, such vehicles need to pay their fair share of total Vehicle Inspection and Maintenance Program costs. To do so requires a collection mechanism substantively different than the one currently in place. Discussions with Idaho Transportation Department staff indicate that this could be handled smoothly as a fee collected concurrently with the annual vehicle registration process. Current implementing ordinances for the annual vehicle Inspection and Maintenance Program do not prohibit the Air Quality Board from pursuing this or other alternative collection 15 /- Long Range Administrative Recommendations: 7. Separate Vehicle Exhaust Emi~sion Testing Sites from Repair Sites. Currently, most owners of Vehicle Inspection and Maintenance (1M) Program stations offer their customers some level of vehicle repair opportunity in the event of a failed test. This practice is convenient for customers, but is subject to two specific problems which reduce benefits of the 1M Program. Most exhaust emission tests in Ada County are now performed by operators of mobile vans. Operators at these vans are good at operating the testing equipment; maintaining and monitoring their skill is a major responsibility of the Air Quality Board. However, there is no comparable mechanism to guarantee that these individuals know how to solve engine problems, even though they may know how to 'tune' older vehicle engines. Furthermore, modern vehicle engines have complex combustion and exhaust systems which simply cannot be adjusted with limited equipment available at the mobile vans. Repair facilities are much better prepared to analyze an emission failure and are more likely to have the required parts to fix the vehicle engine properly. Separating exhaust emissions testing from engine repair maximizes the effectiveness of both the e.xhaust emission test and any resultant repairs. Initial test facilities, such as mobile vans, would be authorized to give emission tests without repairs. Their only goal would be accurate assessment of vehicle .exhaust emissions and operator training could continue to focus on that goal. Repair facilities which are currently doing some exhaust emission testing would become certified repair and re-test facilities where the objective is proper repairs and a clean-burning engine. ~"his separation of functions willli~ely cause some adjustments for existing 1M Program station owners. Easing those adjustments should be a major concern as the separation is implemented. Nevertheless, benefits of separating these functions far outweigh the adjustment factor, especially if the separation can be implemented with enough lead time and with enough assistance from the Air Quality Board to minimize negative fiscal consequences to station owners. Recommendation: (1) That the Air Quality Board be directed to implement a separation of exhaust emission testing from engine adjustment and repair; (2) That several owners of existing 1M Program mobile and stationary testing sites be included in a transition team to insure that this separation is implemented cautiously and with intent to minimize negative consequences to existing station owners; and (3) That this recommendation be coupled with recommendation numbers 9 and 10 to smooth both transitions. 8. Reduce Non-Compliance with the Vehicle Inspection and Maintenance Program. Idaho Code, Section 49-401 B provides that Idaho motor vehicles may be registered in any county in the State, but also requires vehicle owners to designate a 'home' county for each vehicle so registered. The purpose of the 'home' county designation is so the vehicle will be correctly counted in funding distribution formulas which are based on registered vehicles per county. The 'home' county designation is also the only mecha- nism by which vehicles subject to the existing Vehicle Inspection and Maintenance (1M) 17 rather than by true competition among private providers. This is an awkward process at best; at worst, it inflates costs to the public above what true competitive pricing would cost. Empowering AQB to contract with exhaust emission test providers rather than license them has several distinct advantages: the 1M Program can be made much more efficient and costs of each test can be lowered by at least 250/0; location of stations can be planned to insure coverage even in less-densely populated areas of the county; and contract-based programs are documented by EPA to provide more improvement in air quality than license-based programs. Combined with the separation of exhaust emission tests and engine repairs, this recommendation will cause some substantial restructuring of existing relations among the AQB and station owners. To minimize this consequence, existing station owners need to be involved in the design of the contract-based structure and participate in its implementation plan. Recommendation: (1) That the Air Quality Board be empowered to contract with exhaust emission test providers rather than license them; (2) That a plan to convert to the contract-based structure and reimbursement schedule be developed by a transition group which includes existing station owners; and (3) That implementation of this recommendation be conducted separately from the addition of remote sensing device technology to maximize existing station owners' ability to adjust to new operating conditions. 10. Provide Financial Assistance to Expedite Upgrading Vehicle Inspection and Mainten~nce Program Testing Equipment. Earlier recommendations to modify the Vehicle Inspection and Maintenance (1M) Program require acquisition and capitalization of costly additional testing equipment A revolving loan program could provide low-cost financial assistance for private business owners who will have to purchase this addi- tional equipment It is important to note that, of all these recommendations, this received the least public support during the public outreach effort. Recommendation: That the Air Quality Board be empowered to create a revolving loan program to lend public funds to 1M station owners at a lower-than-market interest rate for the limited purpose of acquiring newly required testing equipment. 19 ( Recommendation: That the Air Quality Board be empowered to establish parameters for a high engine revolutions-per-minute test (E.g. 2500 RPM) and add it to the current idle exhaust emission test as soon as it can be implemented. 13. Reduce Tailpipe Emissions of Hydrocarbons. Ada CountyJs Vehicle Inspection and Maintenance (1M) Program currently monitors and controls only carbon monoxide emissions. Small particulate matter (PM10) pollution, as noted earlier, is also directly associated with tailpipe emissions of harmful hydrocarbons (He). Hydrocarbons also act as a catalyst to the formation of ozone (03) in the atmosphere. Controlling He is therefore a significant way to improve air quality. The existing Vehicle Inspection and Maintenance (1M) Program currently measures this pollutant and has been doing so for several years, but no thresholds have been established. Recommendation: (1) That the scope of the existing Vehicle Inspection and Mainte- nance Program be expanded to include monitoring and enforcement of maximum levels of vehicle-based emissions for hydrocarbons (He); and (2) That the Air Quality Board (AQB) develop maximum allowable thresholds for vehicle-based emissions of He. 14. Address Citizens' Concerns About Smoking Vehicles. Citizen comments in the public outreach effort overwhelmingly supported efforts to reduce the number of vehicles on the road that "smoke." There are two actions which, together, would make significant improvement in this area. An opacity test is a simple visual test performed by a trained mechanic which compares the color of a vehicle's exhaust emissions with a standard color chart. Passing this test is- a sign of a properly functioning engine; failing it indicates that some engine function(s) is(are) not working properly and that the engine's emission control equipment, in particular, is malfunctioning. Such a test could easily be added to the existing Vehicle Irlspection and Maintenance Program virtually immediately. Failure of the built-in exha~st emission controls in gasoline engines is often sudden and shows up as a cloud of smoke coming from the vehicle's tailpipe. The Vehicle Inspection and Maintenance Program currently has no mechanism to require these vehicles to be brought in for early testing and repair. A smoking vehicle hotline can be established so that private citizens report such vehicles when observed. Bringing in these vehicles for early testing can have a very beneficial impact on air quality. On the other hand, procedures must be in place to protect vehicle owners against frivolous or malicious misuse of the hotline. Recommendation: (1) That the Air Quality Board (AQB) be directed to add an opacity test to the Vehicle Inspection and Maintenance Program; (2) That the AQB establish a training program to teach those individuals who perform vehicle exhaust emission tests to perform the opacity test reliably; (3) That the AQB develop guidelines for a smoking vehicle hotline which realize significant benefits while protecting individual vehicle owners from frivolous or malicious misuse of the hotline; (4) That the A QB take the proposed guidelines to a public forum for comment; and (5) Pending outcome of the public forum, that the AQB be empowered to implement a smoking vehicle hotline. 21 / Long Range Operational Recommendations: 17. Test Diesel-Powered Vehicles. Diesel engines produce relatively few carbon monoxide (CO) emissions, but they produce proportionately large amounts of small particulate matter (PM10) emissions. Nevertheless, diesel-powered vehicles are currently exempt from the Vehicle Inspection and Maintenance Program's annual emission testing requirement. To curb small particulate matter emissions in the Treasure Valley, diesel- powered vehicles should be monitored annually in the same fashion as gasoline- powered vehicles. Costs of this monitoring, however, .are somewhat expensive and should be implemented with care to help accommodate some of the transition needs of station owners. Recommendation: (1) That the Air Quality Board (AQB) establish thresholds for diesel- engine-produced components of PM10; (2) That the AQB work with existing station owners to devise a plan to begin testing diesel-powered engine emissions; and (3) That the AQB be empowered to incorporate testing of diesel-powered vehicles in the 1M Program as soon as the plan is complete. 18. Reduce Testing Frequency for Clean Vehicles. Remote Sensing Devices (RSDs) are described in some detail later in this paper. For current purposes, suffice it to say that an RSD device is capable of a) measuring some vehicle exhaust emissions as vehicles move at normal speed on roadways, b) capturing the vehicle's license plate number, and c) matching those data with Idaho Department of Transportation records to gener- ate a mailing label to the vehicle's owner. Use of RSD technology in conjunction with the existing stationary exhaust emission tests offers significant opportunities to reduce program costs and minimize unnecessary visits by 'clean-burning' vehicles to inspection sites while not reducing overall 1M program efficacy. Acquiring and implementing RSD technology would be a major modification of the existing Vehicle Inspection and Maintenance Program. It should not be undertaken without a firm belief that it will satisfy the US Environmental Protection Agency for many years in the future nor without careful pl~nning. If a decision is made to use RSD technology, options include the Air Quality Board (AQB) purchasing and operating the equipment, or private entrepreneurs owning it and operating it under contract with AQB. To maximize opportunities for existing station owners to maintain their livelihood and to avoid growth in another government agency, it seems most appropriate for the AQB to consider contracting with private entrepreneurs to provide this service. Recommendation: (1) That the Air Quality Board (AQB) make a formal determination as to whether RSD technology can be utilized effectively in Ada County for at least the next ten years; (2) That the AQB be encouraged to integrate remote sensing device (RSD) technology into the existing Vehicle Inspection and Maintenance (1M) Program if the above determination is in favor of RSD technology; (3) That the AQB establish thresh- olds by which RSD-generated emission tests can be used as the basis to waive required 1M Program tests at stationary sites; (4) That the AQB review these thresholds with all appropriate regulatory agencies before adopting them; (5) That the AQB develop, in conjunction with existing 1M station owners, criteria by which payment could be made to 23 tions on business by focusing on the time of year when small particulate matter pollution (PM10) is at its worst. Existing ordinances in Ada County and its cities, for example, curb wood burning during the peak PM10 season - November 1st through February 28th - when the Idaho Department of Environmental Quality (DEQ) issues air quality alerts. Throughout this period, DEQ monitors PM10 levels on a daily basis and issues a Pollution Standard Index (PSI) report. When the PSI is between 60 and 75 (Condition Yellow) a voluntary ban on woodburning is declared. If PSI reaches 70 and higher (Condition Red), a mandatory ban on wood burning goes into effect. This recommendation proposes ordinance changes to reduce PM10 emissions through use of DEQ's existing PSI index to minimize fugitive dust at construction sites. Two specific controls should be included in these ordinances. First, vehicles exiting construc- tion sites often retain a great deal of mud on their tires, much of which is deposited directly on the roadway surface as the vehicle accelerates. Tires of other vehicles impact this mud in much the same way ~s winter-time sand, grinding it into smaller and smaller particles until the really small ones, PM10, remain suspended in the air. Installing grates or some equivalent control measure at gateways to all construction sites to remove the mud before it is deposited on roadways seems a small effort to achieve a substantial gain in air quality. Second, to cover loads of sand, gravel and dirt being hauled from one location to another is especially effective at preventing localized dust production during high PM10 periods. Lastly, implementation of both of these changes should be targeted for November 1 through February 28, as noted earlier. Recommendation: (1) That Ada County and all cities in Ada County adopt dust mini- 17?/zation ordinances with applicability and enforcement maximized during the peak PM10 se.~son; (2) That these ordinances specifically contain dust minimization and enforce- ~~nt procedures to control dirt and mud tracked from construction sites onto roadways and to require loads of sand, gravel and dirt to be covered; and (3) That these ordi- nances provide for levels of stringency in control measures and enforcement keyed to PSI conditions declared by DEQ. 21. Request Participation/Implementation by Treasure Valley Governments. It has been pointed out repeatedly throughout these recommendations that air quality prob- lems, especially those involving particulate matter, are problems throughout the Treasure Valley, not localized to Ada County in the same way as carbon monoxide emission problems. Therefore, implementing the foregoing particulate matter recommendations by local governments in surrounding counties will surely benefit the entire valley. Recommendation: That the Ada Planning Association Board request local governments throughout the Treasure Valley to participate actively in reducing particulate matter pollutants by participating in and/or implementing appropriate foregoing recommenda- tions. 25 ( readings will be recorded on the same vehicle over a time period. Owners of observed vehicles with low emission averages will receive a waiver from the annual vehicle inspection and maintenance (1M) program. Others will be expected to comply normally with the annual inspection requirement. Incorporating this new technology into the 1M program will address major criticisms of the existipg 1M Program. First, RSD will be able to record the emissions of all vehicles operated regularly in Ada County, regardless of their county of origin. Second, the new technology will identify low emission vehicles which will then be exempt from the annual emission test requirement. This will result in a great deal of convenience to the public since a great majority of vehicles are in compliance with the standards. Third, by incorporating the new technology into the Program, the cost of annual emission tests will be reduced substantially. A cost analysis of the proposed program is shown in Appendix A. Fourth, RSD is capable of measuring NOx and HC, in addition to CO emissions. The Air Quality Board is not currently regulating these harmful gases, although He is being measured as part of the annual CO testing. 27 Ada County and 200 households in Canyon County were polled on these issues. These samples represent a margin of error of :1:5%. A complete copy of this survey is available upon request. 9. Focus Group Meeting with Canyon County Officials. On July 28, 1997 APA Executive Director met with Canyon County Officials and discussed the regional nature of our air quality issues. Canyon County officials expressed the need for cooperation on these mutually beneficial issues. Further pursuit of these discussions aimed at increased cooperation between the two counties on Air Quality issues are planned for the future. 10. Media Campaign. A press release on the Air Quality Program was issued which was .published on June 18, 1997 in The Idaho Statesman. The Air Quality Program was endorsed in the Editorial column of The Idaho Statesman on June 30, 1997. A copy of this editorial is shown as Appendix D. The program received air time by a local radio station and two television stations. The Information Meeting/Open House held on June 25, 1997 was advertised in the Idaho Statesman on June 20 and 22, 1997. A copy of this advertisement is shown as Appendix E. 11. Direct Mail Notification. Approximately 850 notifications were mailed out to citizens in Ada County who have requested to remain on APA's mailing list. The notification included the time, date, location and the purpose of the informational meeting. 12. Electronic E-Mail. A "Web Site" was created on the Internet about this program which included provisions for leaving comments and inquiries about the program. Staff's a-mail address on the Internet was advertised for public comments. 13. Infor~ation Meeting in Ada County. An information meeting was held on June 25, 1997 at the Maple Grove Grange Hall from 4:00 - 7:00 PM. The Air Quality Program was transcribed into a pupJic-friendly display format which prompted many questions and comments by the 25 people who attended this meeting. 14. Comment Receiving Period. The public was encouraged to submit verbal and written comments through a variety of media throughout the months of June, July and August, well beyond the information meeting on June 25, 1997. 29 ( B. Summary Results of Public Outreach The implementation of the Public Outreach Plan produced valuable public input into the final formulation of the program. In fact, this program was evolved as a product of public input and the Public Opinion Survey conducted in the summer 1997. In summary all input received directly or tacitly indicated: . a general concern for the quality of air in the Valley; . a need to make current efforts and procedures used in cleaning the air more efficient; . a need to prevent any further deterioration of the Valley's air quality; . an endorsement of the intent of the program. This conclusion is based upon lack of any ex- pressed opposition by the public and many ex- pressed praises for the staff performance at the afore-mentioned contact opportunities; . an expressed opposition by the owners of testing vans to the use of RSD technology; . a discontent about testing all vehicles every year to screen only 6% of them. Among the compo~ents of the program which received a broader and stronger public endorse- ment were expansion of the 1M Program to include all vehicles regularly driven in Ada County and enhancing the efficiency of the Program. A substantial portion of concerns about the efficiency focused on the cost of emission test ($10 -$12 per year). c. Summary Results of Public Opinion Survey A public opinion survey was conducted by the Clearwater Research, Inc., an independent research firm in Boise. A total of 609 households in Ada and Canyon Counties were interviewed from June 10, 1997 through July 26, 1997. This sample represented the demographic makeup of the two counties with a margin of error of :t50k. The following pages include summary results of this survey, as prepared by the Clearwater Research Inc. A complete results of this survey is available upon request. 31 In comparing the '94 and '97 surveys, Ada County residents indicated that air quality is better, placed less importance on improvement, and are more likely to have said that air quality. has improved over the past 4-6 years. There was an 11 % increase in the perception of air quality as either "good" or "excellent" from '94 to '97. There was an 8% decrease in importance of improving air quality as either "very" or "somewhat" important from '94 to '97. There was a 12% decrease in responses that indicated that air quality has "became worse, n and an increase of 1 0% who selected "remained the same" from '94 to '97. Overall, Ada County residents are more in favor of air quality programs than Canyon Co~nty residents. Ada County residents were significantly more likely to favor a "smoking vehicle hotline," new programs to test for nitrous oxide and diesel engines, using public funds to upgrade testing equipment, and were more likely to be supportive of local government efforts to improve air quality. Overall, males and females had different opinions concerning air quality. Males think air quality is better than females. Females placed more importance on improving air quality than did men and they rated Ada County's emissions testing program as being more effective than did the males. Femal~s favored increased funding, new programs and testing, and support a proactive local government significantly more than males. In general, females are more responsive to air quality issues concerning emissions testing than males. K:\DA T AIWP\AB\AQC\Report1.1 33 ( Appendix A Cost Analysis of RSD Operation Appendix B SUMMARY OF PUBLIC OUTREACH PLAN For Air Quality Program ~ Action I Description I Schedule I 1 Brainstorming Representatives of APA, DEQ and AQB have Since Fall met and developed a comprehensive Air 1996 Quality Program to "stay ahead of the game. II 2 Review by APA Board The Program has been reviewed at the APA Nov. 1996 Board meetings. & March 1997 3 Review by Transpor- The Program has been reviewed by the APA's March, tation Advisory Com- Technical and Citizens Advisory Committees April & May mittees 1997 4 Review by Cognizant The Program has been reviewed by Air Qual- Early 1997 Organizations ity Board, Ada County Highway District (ACHD), Owners of Emission Testing Vans and members of the Associated General Con- tractors. 5 Review by Civic and Presentation of the Program to civic and so- March Social Organizations cial organizations has begun. To date Rotary and April and Kiwanis Clubs have reviewed the Pro- 1997 gram; others are being scheduled. 6 Visual Productions on An expert will be retained to produce a video April 1997 the Area's Air Quality tape on the area's Air Quality Issues. This Issues video tape will be shown at the informational meetings and other feedback gathering ses- sions. 7 Public Opinion Survey A consultant will be retained to conduct a pub- May 1997 on Air Quality Issues lic opinion poll in May 1997. This will include residents of both Ada and Canyon Counties. 8 Media Campaign A comprehensive media campaign will be May 1997 (Press Release, Paid launched to open up the issue to public de- Advertisements) bate. 9 Direct Mail Post cards will be sent to a list of approxi- May 1997 mately 800 residents in Ada County who have been active in transportation planning process and 400 randomly selected residents in Can- yon County. These citizens will be invited to provide feedback into the process. (Dave) (Judy) (Charlie) (Dave 2) (Virginia) Appendix C Narrative of Air Quality Video Tape The Boise Valley isn't the same place it was 20 years ago - or even ten. Most of us would probably agree that, on the whole, the changes have been positive. There are more job opportunities. For us and our children. There is more to do - more places to gQ. But all of us have noticed that growth has also brought some changes that are not so welcome: IN: "Having to stop at... " OUT: H.. here in the valley. Not quite so obvious on a day by day basis is another serious problem: our valley's deteriorating air quality. IN: "Most o/my life.." OUT" ... right over the city" Individual vehicles run a lot cleaner than they once did. But those gains are being lost to an explosion in the number ofvehicles on the road. Within Ada County, the total number of miles driven each day has gone from three million in 1980 to about eight and a half million today. So many more tailpipes are having a detrimental effect on our air. And add to that pollution from other sources found in a high growth area. Changes are needed to the Ada County Air Quality Program. What was adequate ten years ago to assure healthy, breathable air will not serve our needs today. The very qualities that brought many of us here to begin with are what's most threatened; IN: "1 think that clean air.." OUT:". .. a major part of that" According to the Environmental Protection Agency, Ada County is in "Non- attainment" of air quality standards in two specific areas; The first is for Carbon Monoxide (or C.O.), which is caused primarily by incomplete fuel combustion in automobiles. We are also in violation of air quality standards for what are called ''particulates. " minute particles of dust, smoke, or exhaust that can find their way on to the lining of a human lung. Particulates come from a variety ofsources. The changes being recommended address both of these threats. By taking action now - at the local level - two major objectives will be accomplished. Most importantly, cleaner air means fewer health problems for people who live in the valley and breathe its air. None ofus wants to see "Los Angeles-type air" in the Boise Valley. IN:"I'm concerned about air.." OUT:"..last 10 years." By tackling the problem locally, we also prevent a situation where the federal government steps in starts calling the shots. Cleaning up the air will take approaches on several fronts. For vehicles, new upgrades in emissions testing will better insure that a vehicle is non-po/luting. A tightening of policies regarding waivers and exemptions for motorists will allow testing to be applied more uniformly... andfairly. If your car passes the test now and more than 90 per cent do - it will likely pass the new tests. Being targeted are the vehicles that cause the most pollution. Upsetting to many drivers who maintain their own car is seeing a "dirty" one driving down the road.., and nobody doing anything about it. IN:" You see all these old clunkers: OUT:" ... they're polluting the air. " A recommended addition to the program is establishing a "smoking vehicle hotline. " Appendix D The Idaho Statesman Editorial June 30,1997 OUR VIEW Expand emission testing Cleaner air in the Treasure Valley requires a regional solution that includes expanded manda- tory emissions testing. A proposal to expand vehicle testing to Canyon County and all of Ada County is a necessary step to bluer sides and easier breathing. The brown gunk over the Boise Valley most days comes in part from the thousands of ve- hicles on local roads and highways, many of them from outside county lines. Rapid growth in recent years has blurred the lines between Boise, Meridian, Nampa, Cald- well, Kuna-, Eagle and all the developments in between. ,These days it's not uncommon for some- one to live in Kuna, work in Nampa and shop in Boise. That makes air quality a regional problem that needs a regional answer. Mandatory testing that includes Kuna and Canyon County is a key element Officials should explore the benefits of testing in Elmore, Gem and Idaho counties as well because many people commute daily from Moun- tain Home, Idaho City and Emmett to work or shop. Tougher federal air quality standards are ex- pected next month that will raise the standards for carbon monoxide and particulate pollution. Vehicle emissions aren't the only culprits. The Ada Planning Associations proposal targets other activities that can help meet the new standards. Reduced sanding, for example, will minimize dust pollution, which can be hazardous to the health of the ill, young and elderly. Such action is needed not only to meet tougher standards but to protect the quality of life for every Treasure Valley resident. Local officials have their work cut out for them to make a new I more comprehensive testing program work with local service stations and private businesses. Private operators have played a big role in the testing program and should do so in the future. Ultimately, however, the region should be prepared to take whatever tough steps are neces- sary to protect public health through cleaner air. ( (---- S'i{". ACHD . . . . . . . . . Ada County Highway District AP A .......... Ada Planning Association AQB .......... Air Quality Board CAAA ......... Clean Air Act Amendment of 1990 CO ........... carbon monoxide DEQ .......... Division of Environmental Quality - State Department of Health and Welfare DOT .......... Department of Transportation EGR .......... Emission Gas Recycler, a combustion engine valve which monitors NOx emissions EP A .......... United States Environmental Protection Agency FHW A . . . . . . . . . Federal Highway Administration FT A . . . . . . . . . . . Federal Transit Administration IDEQ . . . . . . . . . . Idaho Division of Environmental Quality He ........... hydro carbon I/M Program .... Inspection and Maintenance program. The vehicle emis- sion testing program. ISTEA . . . . . . . . . Intermodal Surface Transportation Efficiency Act ITD ........... Idaho State Transportation Department (District III and/or Headquarters) MPO . . . . . . . . . . Metropolitan Planning Organization NAAOS . . . . . . . . National Ambient Air Quality Standards NOx . . . . . . . . . . . . . . . . .. oxides of nitrogen 03 . . . . . . . . . . . . . . . . . . .. Ozone, a harmful gas made up of three molecules of oxy- gen PM10 . . . . . . . . . . . . . . . .. Particulate Matter smaller than 1 0 microns in diameter PM2.s ................ Particulate Matter smaller than 2.5 microns in diameter RSD .......... Remote Sensing Devices, a technology capable of reading auto emissions of moving vehicles. SIP ........... State Implementation Plan for Air Quality STIP .......... State Transportation Improvement Program Adopted by ITO STP . . . . . . . . . . . Surface Transportation Program TCM .......... Transportation Control Measure TIP ........... Transportation Improvement Program Adopted by APA Board Treasure Valley An area in southwest Idaho which includes the counties of Ada and Canyon VMT .......... Vehicle Miles of Travel BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY PLAT FOR ) SEABURY SUBDIVISION BY ~ST PINE) DEVELOPMENT ) ) (PP-98-103) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on the 16th day of February, 1999, and appearing at the hearing on behalf of the applicant was Becl<y Bowcutt of Briggs Engineering, Inc., and appearing and testifying were Les McNolt and Dwayne Madson, neighboring property ovvners, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat Drawing dated: 11/24/98, Project Drawing No. 980612 by Briggs Engineering, Inc. for Seabury Subdivision, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council mal(es the following findings: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FINDINGS OF FACT I. That the proposed development is in conformance vvith the Comprehensive Plan by reason of the fact that it lies vvithin the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993 and, the property is presently zoned R-15, Medium High Density Residential District, and requires connection to the Municipal Water and Sewer System. [see Section 11-2- 408Bb(7), Municipal Code of the ~ity of Meridian.] 2. The prelilninary plat is in conforluance vvith the Comprehensive Plan City of Meridian adopted December 21,1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies vvith the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development vvithin the City's Capital Improvement Program and if the conditions which are requested by the ACHD and as proposed by the developer as stated on the preliminary plat there vvill be public financial capability of supporting services for the proposed development. 5. The development if built in accordance vvith the conditions and as proposed, FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT vvill not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval dravving of the preliminary plat herein designated as: "11/24/98 Project Drawing No. 980612 by Briggs Engineering, Inc. for Seabury Subdivision". DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 11-9-604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by 11/24/98 Project Drawing No. 980612 by Briggs Engineering, Inc. for Seabury Subdivision, is hereby conditionally approved; and 2. The conditions of approval are as follows to-vvit: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. Plans vvill need to be approved by the appropriate irrigation/drainage district, or lateral users association, vvith written confirmation of said approval submitted to the Public Works Department. No plan shall interfere or obstruct the delivery of water to any down stream water users that have a legal r.ight to the same. No variances have been FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT requested for tiling of any ditches crossing this project. 2.2 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. 2.3 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 2.4 Submit copy of proposed restrictive covenants and/or deed restrictions for review by the Meridian City Council. 2.5 Provide 5' wide sidewall<s in accordance with City Ordinance Section 11-9-606.B. 2.6 Submit letter from the Ada County Street Name Committee, approving the subdivision and street nalnes. Malee any corrections necessary to conform. 2.7 Coordinate fire hydrant placement with the City of Meridian's Water Warks Superintendent. 2.8 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 2.9 Sanitary sewer service to this site will be via an extension of the existing main adjacent to the west of the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public W orl(s Department. Sewer manholes are to be provided to I(eep the sewer lines on the south and west sides of centerline. 2.1 0 Water service to this site will be via an extension of the existing main adjacent to the west of the proposed development. Applicant will be responsible to construct the water mains to and through this proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2.11 Indicate any existing irrigation/drainage ditch easements on the preliminary plat map. 2.12 One-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations designed by the Public W orl(s Department. All streetlights shall be installed at subdivider's expense. Typicallocations are at street intersections and/or fire hydrants. 2.13 A pressurized irrigation system shall be required within the proposed development. Applicant shall indicate whether the pressurized irrigation system within this development is to be o"vned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to be private, plans and specifications shall be reviewed by the Public W orl(s Department as part of the development plan review process. A draft copy of the pressurized irrigation system 0 & M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. As an alternative to this requirement, if possible the applicant may obtain adequate irrigation water from shallow well up to 18' in depth and/or pay a well development fee. 2.14 Six-foot-high, permanent perimeter fencing is required to be in place prior to obtaining building permits unless specifically waived in writing by the City P & Z Administrator. 2.15 Applicant is proposing that the driveways for the development serve as the turnaround on this dead-end section of Idaho Street. Coordinate with the Meridian Fire Department and Ada County Highway District and provide letters of approval for this configuration. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT 2.16 Wheel blocl<.s vvill need to be provided where parking spaces meet (center parldng lots). 2.17 The driveway vvidths may not be less than 23' vvidths. 2.18 City Ordinance states that uses in the R-I5 zone should have direct access to an arterial or collector and be located adjacent to a parl<. or open space corridor. A portion of this development has direct access to Pine Street, and a small area is available for open space vvithin the development. 2.19 Provide detailed landscaping plans for approval prior to obtaining building permit. 2.20 Screened trash enclosures are to be provided vvithin this development. Coordinate placement vvith Meridian Sanitary Services, Inc. 2.21 Existing and proposed utilities are not shown on the conditional use permit site plan. 2.22 Applicant shall provide documentation on one-time split to ensure out- parcel is a legal lot; otherwise, include the out-parcel as part of the preliminary plat. 2.23 The Meridian City Fire Department requires that all fire codes be met. 2.24 Nampa & Meridian Irrigation District requires all laterals and drains vvithin the subject property are private and must be protected. 2.25 All storm drainage must be retained on site. 2.26 ACHD: The two existing curb cut driveways on Pine Avenue which are located: . IO-feet east of the west property line. . Abutting the east property line. are approved vvith this application. Reconstruct the driveways as 16 to FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT 20-foot wide curb return driveways with 15-foot curb radii. 2.27 Provide a recorded cross access easement for the parcel to the east to use this parcel for access to the public streets prior to final plat approval. 2.28 Constructed driveways on the future extension of Idaho Avenue as 16 to 20-foot wide curb cut driveways, located a minimum of 5-feet from the property lines. Coordinate the location of the driveways on Idaho Avenue with District staff. 2.29 Extend Idaho Avenue as a 37 -foot Street section with curbs, gutters, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 2.30 Provide a paved temporary turnaround at the end of Idaho Avenue with a temporary easement provided to the District. Coordinate the turnaround with District staff. 2.31 Construct curb, gutter and 5-foot wide concrete sidewallc and pavement widening to one half of a 37-foot street section on Broadway Avenue abutting the parcel (approximately 60-feet) prior to District approval of a final plat. 2.32 Pave all the driveways their full width and at least 20-feet beyond the edge of pavement of Pine Avenue and Idaho Avenue. 2.33 No driveways are proposed on Broadway Avenue and none are approved with this application. 2.34 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.35 Other than the access points specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 2.36 The following existing street names shall appear on the plat: "W. Pine FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT [ !. Avenue:, "w. Broadway Avenue", and "W. Idaho Avenue". 2.37 If the property to the east of the subject development has the same owner, it is recommended that the water main be tied in to the exiting main on the east side of the field, thereby eliminating any dead end water lines. 2.38 The applicant obtain written approval for the central sewage and central water prior to the approval of the Conditional Use Permit. 2.39 The applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.40 Run-off is not to create a mosquito breeding problem. 2.41 Stormwater shall be retreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water. 2.42 The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system to . prevent groundwater and surfacewater degradation. iL By action of the City Council at its regular meeting held on the / (P day of PdJflAUfj , 1999. By: ROB RT D. CORRIE M or, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ( Copy seIVed upon Applicant, the Planning and Zoning Department and the Public W orl(s De artment. By: City Clerk Dated: 2-/6-9CJ RECEIVED FEB 1 6 1999 ~ CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ( 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT was mailed to: WEST PINE DEVELOPMENT 11321 W. HICKORY BARK DRIVE BOISE, IDAHO 83713 properly enclosed in an envelope, with postage prepaid, on this 30th day of March, 1999. Copy: Shari Stiles, Planning and Zoning Gary Smith, Public Works JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TonD 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 83653~024 7 TEL (208) 466~9272 FAX (208) 466~4405 Email viaInternet@wfg@wppmg.com PLEASE REPLY TO MERIDIAN OFFICE March 1, 1999 William G. Berg, Jr. City Clerl( 33 East Idaho Street Meridian, Idaho 83642 T-?Ji~ c T'~ r-\/ " ~ ,-$.... --~" -lj MAR - 3 1999 CITY OF MERIDiAN Re: SEABURY SUBDIVISION PRELIMINARY PLAN REQUEST Dear Will: Regarding the above referenced matter, please find e11closed a copy of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAN for approval and signature by the Mayor and Council. Please serve a copy of the FINDINGS, along with the Notice of Final Action, upon the Applica11t, with a Certificate of Service in the file and a copy to Planning and Zoni11g. If you have any questions, please give lne a call. Very truly yours, &$:- jJy.ed /0 ff-f- ?C Car J #f /r;t/ tt~/ilizt'-ft? V - -to J'.a?'l- d (?tv!- t1./1fl_./ -!lvl] · J~ msgll):\MyFiles\Meridian City File\SEABURY SUBDIVISION PP\Clerk.wpd ~;'-:f ~~l~} ** TX CONF I R~. IN REPORT ** AS OF ( FEB 24 . ../:J 09: 55 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 03 02/24 09:51 208 888 1097 MODE MIN/SEC PGS CMD~ STATUS EC--S 04'21" 009 253 OK -------------------------------------------------------------------------------------------- M~YOt ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place (0 Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 · Fax (208) 887-4813 LEGAL DEPARTMENT (208) 8844264 Council Mc:mh-r-S. CfiARLES ROUNTREE GLENN BENn.EY RON ANDERsON KEirn B1RD PUBLIC WORKS BUllDrNG DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 FACSIMILE COVER SHEET FAX NUMBER: ggo ...-./ Dq1 TO: Yf1l1lf n fMJS TITLE/DEPARTMENT: DATE: ~~i / qq I CONFIDENTIAL: YES NO 0 / PI TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN FAX NUMBER: (208) 888-4218 COMMENTS: \ ~15 z g'lll .:rn~~ NAME: PLEASE CALL 'US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. CITY OF MERIDIAN ORDINANCE NO. 8/5 Ai"! ORDINANCE RELATING TO DISORDERLY CONDUCT; REPEALING SECTION 8-1608 AND AMENDING CHAPTER 3 OF TITLE 6 MUNICIPAL CODE OF THE CITY OF MERIDIAN BY THE ADDITION THERETO OF A NEW SECTION ESTABLISHING THE CRIME OF DISORDERLY CONDUCT AND TO SPECIFY THE MISDEMEANOR PENALTY, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION I. That Section 8-1608 of the Municipal Code of the City of Meridian be and the same is hereby repealed. SECTION 2. That Chapter 3 of Title 6 of the Municipal Code of the City of Meridian, be, and the same is hereby amended to read as follovvs: DISORDERLY CONDUCT Any person who shall conduct themselves in a violent, noisy, or riotous manner, and/or who shall use profane, abusive or obscene language in the presence of another person(s) or in any way commits a breach of the peace of another person(s), and/or who shall conduct themselves in a manner that endangers the health and safety of another person(s), and/or "vho conducts themselves in any other manner as is specified in this section is guilty of a misdemeanor; and a violation of this section shall also include but not limited to the following: A violation may include but not be limited to the follo\ving: A. Accosting other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms; or B. Occupying, lodging or sleeping in any building, structure or place, whether public or private, or any automobile, trilclc, railroad car or other similar vehicles or equipment without the permission of the ovvner or person entitled to the possession or in control thereof; or c. Using any motor vehicle, motor home, travel trailer, as a residence upon any public street (highvvay) and/or alley way or upon any other premises under the o\vnership and/or control of a government subdivision of the State of Idaho. D. Loitering, pro\vling or vvandering upon the private property of another, \vithout la\vful business, permission or invitation by the ovvner or the la\vful occupants thereof; or DISORDERLY CONDUCT ORDINANCE - 1 ( E. Loitering or remaining in or about school grounds or buildings, without having any reason or relationship involving custody of or responsibility for a pupil or student, school authorized functions, activities or use. F. Wilfully fleeing or attempting to elude a peace officer after being lavvfully ordered to stop by an identified peace officer. .Any person violating this ordinance shall be guilty of a misdemeanor. SECTION 3. Due to the fact that the codifier is in the process of recodifying the Municipal City Code, the exact section number of this ordinance shall be assigned by the codifier, and which section shall be approved at such time as the City Council approves the recodification in accordance with its authority under I.C. ss 50-903 and 50-905. SECTION 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 6. SAVINGS CLAUSE. This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance ta!ces effect. SECTION 7. DATE OF EFFECT. This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to la'Yv. PASSED BY THE COUNCIL OF THE CITY OF MERlDIAN, IDAHO, this 16~day of F--e/1rtutrtl ,1999. - V ~ APPROYED BY THE MAYOR OF THE CITY OF MERlDIAN, IDAHO, this ~day of rehrua';j , 1999. ArrEST: Jj~!-13tt ~ CITY OF MERIDIAN ORDINANCE NO. 8/6 AN ORDINANCE RELATING TO FALSE ALARMS; AMENDING CHAPTER _ OF TITLE MUNICIPAL CODE OF THE CITY OF MERIDIAN BY THE ADDITION THERETO OF A NEW SECTION ESTABLISHING THE CRIME OF FILING FALSE REPORTS / FALSE FIRE AND BURGLARY ALARMS AND TO SPECIFY THE MISDEMEANOR PENALTY, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That Chapter _ of Title _ of the Municipal Code of the City of Meridian, be, and the same is hereby amended to read as follows: FALSE REPORTS It shall be unlawful for any person, firm, partnership, association, corporation, company or organization of any kind: A. To malce or file, or cause to be made or filed, an accident report knowing the same to be false or misleading in whole or in part; or B. To malee or file, or cause to be made or filed, a theft report of a motor vehicle or other personal property, knowing the same to be false or misleading in whole or in part; or C. To intentionally malee, turn in or give a false alarm of need for police or ambulance assistance, or aid or abet in the commission of such act; D. To malee or file any false, misleading or unfounded statement or report concerning the commission or alleged commission of any crime occurring within the City; and E. To furnish in any report required by the ordinances of this City any false or fictitious address, or any address other than a true address or intended address, or to furnish in maldng such report any false, untrue or misleading information or statement relating to any information required by the ordinances of this City to be made or furnished. BURGLAR ALARM SYSTEMS: Purpose: The purpose of this section is to reduce the number of the false burglar and robbery alarms thereby enhancing response time on other critical calls for service. DEFINITIONS:For the purpose of this chapter, the following terms, phrases, and words and derivations thereof, shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and not merely directory. A. Alarm Agent: Any person employed by an alarm business whose duties include the installation, maintenance, repair, service, response to , or summoning others to respond to an alarm system. When the alarm system is the sole responsibility of the user and no contractual agreements with another company exist for the maintenance of alarm equipment, the user shall be considered the alarm agent for purposes of this section. B. Alarm Company Director: Any person who receives an activation of an alarm or alarm system as provided by this Chapter, and then transmits the information to the Meridian City Police Department. C. Alarm Officer: The Chief of Police of the City of Meridian or his designee. D. Alarm Subscriber: Any person who purchases, leases, contracts for, or othetwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system. E. Alarm System: Any mechanical, electrical or other device which is designated or used for the detection of a trespass, burglary, or robbery within a building, structure, or facility, or for alerting others to a hazard or to the commission of an unlawful act within a building, structure or facility, or which emits a sound or transmits a signal or message when activated and which is designated to elicit a response from the Police Department. Alarm systems include, but are not limited to, direct dial telephone devises, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms but are audible, visible, or perceptible outside the protected building, structure or facility are not included within this definition. An alarm system includes all the necessary equipment designed and installed for the detection of a trespass, burglary, robbery or other hazard in a single building, structure or facility, or for alerting others to the commission of an unlawful act within a building, structure or facility. F. Audible Alarm: A device designed for the detection of unauthorized entry or presence on certain premises which generates an audible sound or signal on such premises when it is activated. G. Automatic Dialing Device: An alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect. ( H. Emergency: Any condition for which the alarm was designed and installed, and which results in a response of police personnel. I. False Alarm: An alarm signal, message, transmittal, or communication which is activated from an alarm system and which is responded to by personnel of the Police Department for which no emergency situation exists or existed as determined by the responding personnel. False alarm shall not include alarms caused by natural occurrences such as hurricanes, tornadoes, earthqual(es, or other extraordinary circumstances determined by the alarm officer to be clearly beyond the control of the alarm subscriber. J. Penalty Status: That status achieved by more than two (2) false alarms within the calendar year beginning January 1 and ending December 31. 1(. Person: Any individual, partnership, association, corporation, organization of any kind, or any governmental entity or political subdivision thereof. L. Police Department: The Meridian City Police Department. ALARM SYSTEMS MAINTENANCE: A. Each alarm subscriber shall maintain each alarm system in good working order, and provide the necessary service to prevent malfunctions. B. It shall be unlawful for an alarm subscriber to allow, permit, or use an alarm system which is not in good worldng order, or has fallen into disrepair, or has malfunctioned. MAINTAINING A PUBLIC NUISANCE ALARM: A. No person, whether or not an alarm subscriber, shall maintain, operate, use or attempt to use an alarm system which generates more than two (2) false alarms in a calendar year. B. Any alarm system maintained, operated, used, or attempted to be used in violation of this section shall be deemed a public nuisance pursuant to Idaho Code &50-334. In addition to reimbursement or any other remedy available to the ~ity, the City may impose a penalty fee for each and every false alarm after the two (2) within the calendar year as determined by following the schedule below: 3 rd f al seal arm wi th i n th e cal en dar ye ar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2 5 .00 4 th f als e alarm wi thin th e cal en dar ye ar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50 .00 5 th false alarm wi thin the calendar year.. . .. . . . .. . . . . . . . .. . . .. . . . .. . . . . . .. . . .. .. . $ 7 5 .00 Every successive false alarm over five (5) within the same calendar year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 00 . 0 0 C. Where the alarm system is deemed a public nuisance as provided in this section, the alarm officer shall provide the alarm subscriber written notice informing the alarm subscriber of the penalty status and the finding of public nuisance. D. Abatement of Nuisance: I. The City of Meridian hereby reserves all remedies provided for in Idaho Code 950-334, S52-202, and S52-205. 2. The City of Meridian shall further reserve all rights and remedies of collection pursuant to Idaho Code S50-1 008. E. Review: 1. The alarm subscriber may request that the alarm officer review and reconsider the determination of public nuisance by submitting a written request to the alarm officer within ten (10) days upon receipt of the notice of penalty status and nuisance. Failure to submit a written request in compliance with this Section is deemed a waiver of any and all rights to appeal. 2. The alarm officer shall review the determination and send the alarm subscriber his findings as to whether the alarm system is a public nuisance in writing by certified mailing within fifteen (15) days of receipt of written request of the alarm subscriber. F. Appeal: The alarm subscriber may request a hearing before the City Council after filing a notice for hearing in writing to the City ClerIc no later that ten (10) days upon mailing of the alarm officer's finding of public nuisance. Any finding by the City Council is appealable to the District Court of the Fourth Judicial District provided filing and fees are submitted in accordance to Idaho law. COMPLIANCE: A. An alarm subscriber who has notice of his/her alarm system being deemed a public nuisance shall be assessed a penalty fee in accordance to B. An alarm subscriber who has notice of the assessed penalty or for any amount due in reimbursement, shall remit within fifteen (15) days the amounts due to the City of Meridian. PROHIBITED ALARM SYSTEMS: No person shall use or operate an automatic dialing device or any device programmed to initiate and deliver a message or signal to any telephone number belonging to the City. VIOLATIONS: A. It shall be unlawful to operate or maintain any alarm system as herein defined in this Section for any purpose other than reporting such trespasses, burglaries, robberies, or other crimes involving potential serious bodily injury or death. B. It shall be unlawful for any person to operate or use a public safety alarms system for any purpose other than that for which it is installed, or for any purpose other than detecting and reporting a trespass, burglary, robbery or other permitted purpose. C. It shall be unlawful for any alarm agent, alarm subscriber or other person to install, operate or use any alarm system as herein defined in this Section which malfunctions due to improper installation or operation and that results in the generation of false alarms. PENALTIES: A. Unless otherwise provided, any person violating any of the provisions of this Ordinance shall be deemed guilty of a general misdemeanor and upon conviction thereof shall be fined or imprisoned in the county jail in an amount not exceeding that permitted by law. (Idaho Code 918-113) B. Each and every false alarm over three (3) within the calendar year shall be deemed a separate offense. ENFORCEMENT: The conviction or punishment of any person for violation of the provisions of this Section shall not release such person from paying any business taxes, charges, fees, license fees or reimbursement for false alarms due and unpaid at the time of such conviction, nor shall payment of any fee or reimbursement for false alarm prevent the criminal prosecution for violation of any of the provisions of this Section. All remedies shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy provided by law. SEVERABILITY: If any clause, sentence, paragraph, section, or any part of this chapter, shall be declared and adjudged to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect, invalidate, or nullify the remainder of this chapter. Nothing in this provision shall be construed as modifying or nullifying Uniform Fire Code. SECTION 2. Due to the fact that the codifier is in the process of recodifying the Municipal City Code, the exact section number of this ordinance shall be assigned by the codifier, and which section shall be approved at such time as the City Council approves the recodification in accordance with its authority under I.C. 9S 50-903 and 50-905. SECTION 3. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 4. VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5. SAVINGS CLAUSE. This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance tak,es effect. SECTION 6. DATE OF EFFECT. This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this IG~day of lizPrtu.z I-j- , 1999. APPROVED BY THE MAYOR OF THE CITY MERIDIAN, IDAHO, this IG-/.!Jdayof t=-e 61-u-~ ' 1 999. ( MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16,1999 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 14A-5 REQUEST: GARY SMITH - EMERGENCY REQUEST TO CONNECT TO CITY SEWER AT 911 E. PINE BY WALT CULVER AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE DEPT: CITY BUILDING DEPT: NAMPA MERIDIAN IRRIGATION: ~. ltJ~f oJ V),rV ._ tvyiV;/ t yvv ~ ray(! , -# tJ!F r lJ CITY WATER OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. I~ '--f:.1" . .. '--7 .-' -', '\. f-II' - --' " , , .-. '1.-' ''-' 1 '1.-1 11..- 1 1 ~.~..))~ Walter A. Culver 6100 Pierce Park Lane Boise, Idaho 83703 February 12, 1999 Meridian City Council 333 E. Idaho Avenue Meridian, Idaho 83642 Dear Mayor and Council, I own a house at 911 E. Pine that is not in the Meridian City limits. It is presently connected to a septic tank for sewer service. The septic tankldrain field has failed and I am requesting to connect to Meridian City sanitation sewer system. I understand there is a double assessment fee for this connection and I have enclosed a copy of the Easement Agreement granted to the City of Meridian which we believe was intended to grant an easement in exchange for waiving the hook up fee for this house. We were informed of this by the owner's daughter and Seller of the property when we purchased it. Upon reading the easement, it is very loosely written but we believe the intent is there. We would like the City Council to make a determination on this if possible at the meeting on February 16,1999 and we would appreciate your approval of this request. Sincerely, W~ fl- ~~ Walter A. Culver FEE 12 '99 15:07 208 853 5232 PAGE.01 ~i---------l S21 5J5 I , I i I \. -~ ~ ~I -1-_ ----- _/ I r- -------~--==== =====D ; ~ -1-------- I I I 1 I /' ) j .... .... =------=::~-- - --_! - - -- - - =-- - - - - -- - - ---= ~ -- - ---- = ---- --j------- -~ -----1 6JS \ S15 527 S1S 1 t ~I~ i ! j 6.lIi I ~ , - -------. YE -" - - --------- 513 - 52l SJl t,JO ; 516 5. Sl4 603 -~---------- w SOD ~~ t, - ---------lr" \ - -----____.1 , '----"'"'" I ! \ 52:J" S7S ,1 I i 4r qp 602 i ~J- -......... -\~ ) ~~.~ , .. ) ~~jJ /' ~/ ... I i i --v Ie I[ INI I~..t- - .~i-____ ~ --t- 599 - , I ! I 63J 655 ~ 62 \ 540~ ~- ~.... 1600 1\ . ~L -, ~ - - - - FIl, ~NKIIN a ~ o '. ~ ~ \ \; ./ I / I~/j ~: rr ~ I 101a L. ~ I 975rt~, ); - 1027 I "lllJ /,1,..1 >>24 / +w ~- /-- e--_r~ ~ i SI6 ..._\ ~ I 4' J -~i 0.11 9.)] i!M2 m P : i tV tnl 646 Creek !' M2 9T z: J ( !0tr) (p. Pit'\~) ~ . .,..... ~ - ~--... ~ ' i \-lli \: ~ ~ ....j::> ~~ i l7l '!1 -l ~H-- >~~ 1 > \J 33( (9n ! r : -" ) ,It II :J. ~ - .,.. JII" \or\ wL -. - I~ 1 ~~, DU'') ~ - ~ ~ . to ~l I- I t ~ ~ an 115 t15 1fJ1 721 "-5 60) m I t13 M I( 4.... _ __ _ ~ '';;::::;:;;:'''f-- ---~ - -, ~- 1i.L ... . ""\ ~........ ---II U / '- " ~, . :, 6\> ~~' ) 2a1 nI _ ~~ I " ~ ~ 55 ~ 1f-r~ \ } \ ,~ I I I , I I I I I I : I I I ; : -,I : ,'\ : I I I I I I I !;;~_._ -/': -J I 7 e: 'diD // ~: I 9A · ../r/'o~~~; ~_.". ':: I ~> .:! I I :: ! I I i q,6 ,) l j'lbo - - '--I m 211 J65 6M 2SO \ .10 154 JII.2 7!iO ~ loft 617 an tts 7'01 ,." 7'11 660 1 j 100 &:0 <~ I - FFRANK.Ur~ ROAD - - 'I" Jln 54 89~ \) ~ 1005 1m () ~ .......... o () l)t5 :::::0 I nJ5 ~ )p WI 950 t14 >>to N \ Tt25 o ! 0 r----- i 97S -+--1~ 1 -- I i 1&0 i ~ ~_9 o ~ rl .., t: /'\V [ --- --------- ... 7i3 f i ! ~ ! j I .. I 'UIO 1440 E cni1i.ll ------- _______~~rtE~@ A\ 137.5 1UJ -v --+-------- ~....--.. U9.5 ~ noo ~ o IY) -... r \ '\ ~. o <;.} ~ ....... I ~ c::: o ~ ~~ ~~ ~ a& ~ ~ ~ Q~ ~ c:: &..::. ~ I ..:...::::: ~-c::: ~ \...... ~ \....... ~~ ~ ~'b~~ It.J~:::5C) -..........J S:: ... 1--...,..... ~::::J~ ~. ~ .~ ~ -s C::: c:u LJt..L.:1.1 ":'0 ~4'.1 .:1r-'I"1 r-HL.K.t..t(::, Kt.HL I r ?Sl!ur~ .'>~':"). . ;:~;... '.: S.E\IE1 !:AS!: c::r: . '., ..t. - %IQ,$ ClDENtVU. IlIo1dll tb.&.a ~:\r~1 of a.~'Ir;..r-C, t 19ZZ. betwUIl C~A~l~tt~ ~ 'Q~ ~ ~in~l~ ~~~~~ · che P~~t1-- of the f~'BC parc, a~4 ber.~fttr ~Jll.d the . . '~. CrAAtor~. ~AA tha C1tl ot ~.rtdlAAl SC~te or t~b4. . D~n1ci,~l corp~ra- tiQ~. tbe ,a1t1 ot the secoad pArt. ~ ~~re~lt.r ~tl~d :he GtA~t~~; ~S!:TH tlB!JL[AS, the Grancel__ 4tsf.rtl.....!... to ,rondo a SQCl.(.ttlr:' !a~'J~r r~,;t"I':. af-V21 across Ca. pre~.L!:,!, ac.d praput., berelA3!:Qt p.art1r;~1~rl, bo\,..-nc~.J. and daaerLbed. a~d ~. tb. '.AA1t.a r7 ~e\Jer 1$ ta be prvvic!\!d. for ~b.rQu&,~ &:l unrJcz.:.. rro~ plpeliQe to be ~CDGtructed by cba Cr~t8~; a:4 ~. it vil1 ~~ Aec~~s.ry ta ma~c.Lo acd SQr7!~e 1414 pL,G~~~c fro. ti.ae r.c cu. b1 ,he CC-lftf.c.: ~ Baw. TBtiEFORE. 10 ~oQ.id'ratle~ of thl bta.fLtJ to b~ tee.Lv,! ~y the CreDtor__, ~d lor the a~ of tea Do~r~ ($10.00) .~ ~~h~r !OO~ ~~G 'ru\l.Ablc cQnli.iderAc 10:1, t rlC! Ct"~..'or_ cloU tereb:f SL,:,.. &ract .If.O ~~:l'/uj' wet.o t.be CI"~:1 t ~~ ; h~ r! '.:~ l- o! -\Jay for i\Cl e..1 Sc.':1f1~C ~ 0:- eluI con&:. !...1.= ~ 1 ~~. Q1Ipcratlon a::d ~:L.:\t~!:.aOCQ of a s..lnit.1t)' se'~lt:r 11."\11 :J\'er anll1 ('~rO'~s t:~~ tollOW1D& d~j~rlb~d property: A 2tCr1j1 nt 11!'\~ Ol! 11..'1'[ ~~ ....:Jth Cin~~r..?j up;:~ -)1': ~."'l''''''.:t;.'. ;!....;~:i....~ '.:"'e!I: C!,)~on~LI~;': .,~. ~~,,' .: ,! ~h'........:~ '~drn,lr ot tr,ol S(')IJ~;",'"o\: ;'. v: 5,,'\":;,,~ ... .-.....~. shl;') j ::.~~tn, 1-\";:,~;,'" i i~..~, :; '~".\' :'~\'ri,I~.3:"t, AI!.'\ '':;.~t::l:.. :':'~~"'. 'l:L: r'!"'~l',,:, '" S90 J3' ~~'I l.:l 6~'~. ';1. :'r:I;t, t: ,r!'l: -~I' ~ ~:j)rthiJrl',' "'\"J:~-":J~" .... II L.! ~ I~~..... ~ : . oi S~:r.L\.':1 1 ,,) c:\\, :;,\r':~ ",', ..~ ...~r:11..r of L;'t ,,' ,\~. :-::.. 1....,,; :..:- .~! '''JI :~':. th~n~~ c.....:\tt:.\J1.:"'I,. ';. ';)" ~J' .~~II Ft. 1Y1.!.: :~,~t ~~ ~;~ ~'.J ~'v~: '.::, bouL'\~.'r:: 1,1:' A.\l,! Sf'I.I:t..;.~ 1,', :.;~ ~~:Q T~VE pot~'!' C~. .J ..~:\::; .: ": .,~" !: ," '" th":-\L:~)I uD J.~' :;01 ',...:. l:':,~.)" !(.tct r,t1,rC' or \.J:t.:"\ t.' :.:\\. ~'1::::7 OF nit ~;,$i:..'~::~~r ...'to tho ::~rl~h~rJ',' bJl::\dae-y ot [h~ 0r\"'~'I.'n Slli)~: Ll,...~ .....,:.:. I' t 19h t-(l! .:..,...):' i . J E:.XC~?TL~~l: 'rUt:iU::F;:('~11 .!ll ",..<j,Jt~n, rLln~"of"\J.1~. f:wt r..'l:(c P1nu ..\....:.::..!:t!. 7671 0.\8 'f'Qm 00. Pt\O"t " f=;a. . CUe' DEe 31 '98 15:24 208 853 5232 '" ' ","" PRGE.01 . . LJt..L ..::11 . '::'0 ~4. 14t-TI t""'Hl....K.t-t-<:::, t-<t..HL I Y (0"- Tbe ea,e=eat hrrc~1 grAnted 11 for 'ho ~~CPQS. oC 'onstr~.cion and opet~tloQ of ~ .4ni~ty '~wct l1=e Ana alLied f~cilltiGQ, ccccehet With thel~ ~1nC.a3nccl rC~3Lt. ~n~ 't~l~c~~c~t At th~ c~Rve"1cR~d ~f t~O Gr~"- :e8.:~th l~t. i~cc.~'ghc ot QCC..~ ~o I~ch '.cL1t~ie5 al .ny Qnd ~11 tL=~.. ..~( ~ . .~. . " . ..' . ~ .: " . .' :~; fa IA~ AND TO HOLO. Ih~ 'lid .uI_aAt aDd f1Ibt.ot.-...ray WlCo.. cbc I&U c;~..Qt.~. .. ~aQ~SgEE aad ~ss1gn' f~r.y.e. ~lt IS ~AI$SLt ~~fRS1000 AND AG1tED, by .Q4 ~.~ve.n ch. pare!.' bU"et.o lb.at the C ~Qtl. v~.11 tUlly CO-plltl ell. work of l&)'UI eM ~t&ry ..vet. liAe ~d rescore tbe ,r~l'e. us~4 ahQralor Co . ~1. U4~ (,..p4ltable" \11th chit '!..US&1cg pr1Gr to u.te~iAl r.h1..l ".-:M'Q~; ~h.ac ~ ~kiDa f~tut. r.,~Lr' tb. CroAtae vil1 ~,edl~~11 rt-L6c. 6Z4 r..(or. tba pr.-1lea to 4 .o~dlt1~a coep.'abl. co chAC &a1acen, prLor ~ ~.r- tak10a IYCh rapaLt. lad r.pl.ca=IQls. 11m 0IANT01t_ h.rlb)' o.oveuac.t... aad 'Cr..L that :,....._ vU1 idS puce ot allow to b. ,1~c.d AAY ,armaaaGE 'truetu~.. 0& t~. ar.. 4aaerl'.. tot till. ual.lMac 1ihiAh vC\yld lac.t r .r. wit" eM \al. or ...4G 4UC11ltrt4 c.a.... DaDt tar the purpOgl. .~e.. h~r.l~. lr 15 BDl.AI t\.-a111D. A~ t~c. 1M c;rUlot_ 4~ L..r.'" live 4ICt (fAAt CO lb. a~a.'I_ the fl:he c. v.c 'wtiftl &D1'~1 CO~ltt~eCloa ~ft addiCtoDAl .efip .f 1~4 ~.ac~1~.4 ~s 'ollo~'l A strip of i~~ )0 :~tt !D vldth &dJ~(~ec \0 ~h~ ~sterly o! ehe 4~ove dClcrlb.d pr~~.n~ ~~,~.nt. IT IS ~!AStOCj t~J: ~~. &~tl? ~! !~nd ~elerl~g~ in th~ previous para&raph 11 !o~ tnt ~~r,os~ o~ cQ~~,r~~'L~l S~~~ 5~nit~(1 co~.r 1in. herc1A descr!bRd. t~~ ~~e to er,1re ~hcn chc 1nLt1~1 cooltruct1on ~c c~pl.t..d . DEe 31 '98 15:25 208 853 5232 P.Z/3 PAGE. 02 LJt.L ..:11 . '::10 ~q. 1 qr-Tl r-'HLKt.t(::J t'(t.HL I I I 1 I Lt:. C.U';:) I ~cl'(V ll.. ~..:U{j ...J I -I -IL._ t T IS L"':\1)US'( and alread tht\t the C(~nt.. \1111 C4i,t( s30ld Act!p to . CGadlc1Q~ cODp~r~blQ co th3c exiltont pr10r to the undQtt~l1~1 of I ~ cc.sCruCCLOA of ~uch .~a1tAry acwlr l1G.. taw. OrIGCOf_ 4"'4 bCt'cby co"'e~~~ vt,h tn. CrAn'tt tM~ !..be_ .-!!-. ~u11y ..SIed &ft4 ,o.~.'.8d of the ~for~.n~1~n~d .n~ dGSQ~1b~d cract ., 1&&4, aa4 tba~ L~._ ha-L A IOOd 1~4 l~u!ul rlAht to co~vey ..1d CAse. , ,- " -.c. a84 tut I.u_ vOl "..rr~~t and lal."" 4ef.nd. th- title a.nd qule t ~..,.tee c'-'eoe ...iDsc 'b.ol~wful cl~1ma of all pt:lone vh02Io.Vtr, II ~S ~r. t~. .~!d p~~tJl- Qf the lirlt p~rc ~~!- he~.untQ o ~.lN4 ~ 6i...-,ur._ 11\. cl.ay aM y.ar fil'.t b&r.1cabo'o"Q Vl"le~IR.\ .~"~,,rt.~ ~'''l~ ~...J · CtKl.AtE. K. tav S%A%! OF 1.IWIO ) ) .. ~~" af Ad., OD thit ?:,.-: UJ' af ~ ",,'k,. .... tile ,ur I'zz.- '-4(6'11'<< ee t~ a.i.rs1Iftt<l. :a ~c.ary P'~lJ,e l.D .J:sd 'O~ 1&1cI Ic.ate. ~er,a:s.al1y .a;ttuC'f'd Cl\.at"l!3tte ~.. low . boVll to :Ie to bo t~. '''1',&)1\_ \lbc.. ~_ ~ su~.crl~~J Co ~~ fore~o!~~ 1b&tr~~t. ~3d ~~~ovl~~&Q~ CD ~ lh~~ ~~~_ esec~:c~ c.ba Gaae- %I V1Th~S tlK!:.A.tQF. 1 h.3IJe t'\~re.Anr:o set oy h..:iM ..I"~ ~:' f}..JC.:! ~., of(ltJ..l 11&&1 th. day And ~.'.2r CllSC :AhOVI! vrlt:e~. 1:;/_ .R;{ J 'fl'" 1/' .";: ,.., ~ .,~ /: # //.< ~otart P~bl1~ foc :h~ it3tc o~ :~~~~ leaid1ni AI: ~ .... '.I"L a r ~.J::O ,,: 01: 1 ,It .. .. . , "o', a'lJ ,., .." 0 ' (' I ~ .. ") - r- t.~1 i:..z' '.... .~ I f I :. r " ~ .. . , ..~~.. ,J ,. .. -.. .. ]'" \ ,'_ -I' '0;'. :OT :",:\' .. '. ." . ','~/... , J /~ :... ....,. ~ .~.~~: ~~"":~ ..:-:-_~, '.....~ '.~ 1 : I: ' ; ~! ..... C I -1 " ~. " _:~ 1 ~.tL ........ 04. .. f. .....- .' .' '( ." DEe 31 '98 15:25 208 853 5232 TOTAL P.03 PRGE.03 ITEM NUMBER: 148-1 COMMENTS y1) 1j'JL/ Off All Materials presented at public meetings shall become property of the City of Meridian. ( -\._ ~ N d e.-{ C;; tJ'v-. ( Inter-Office Memo ()[ 02/08/99 To: W.L. ff Bill Gordon Chief of Police From: Cpt. Dave Bowman ~ Ref: Animal Shelter As of Feb. 3, 1999, there were no RFP's received on the new animal shelter. On Feb. 4, 1999, Doug Lasher Construction has bid $69,900.00 (see attached bid document.) I have been unable to generate any other interest in this project among other Contractor's. I would recommend that the City Council award the contract to Doug Lasher Construction. After researching kennels, I have found that T KENNEL SYSTEMS would provide the most up to date kennel system for our purposes. Jerry Thorn of T Kennel Systems designed and sold the kennels currently being used in the Idaho Humane animal shelter in Boise. I have personally inspected these kennels, and interviewed the staff at the Boise shelter. They have nothing but praise for Mr. Thorn and the kennels. Mr. Thorn informed me that he would be willing to come out to Meridian from Salt Lake City to work with the Contractor in installing the kennels, and drain system. He has already supplied a preliminary design sketch free of charge to be used by the contractor. The kennels are priced at $1,698.00 each. Ten kennels would ultimately give us twenty kennels, because they can be partitioned off with a built-in sliding dOOf. They are very easy to maintain and clean, also.(See attached two pages from T Kennel.) I am recommending the following for Council's consideration: 1. Lasher Construction bid...... . . . . $69,900.00 2. T Kennel System... ... ... ... ... .. ..$16,980.00 -/I #~~~~O ~?4M~ B~~~D -. DOUG LASHER CONSTRUCTION, INC. POBOX 583 . A1ERIDIAN, ID 83680 PHONE (208) 888-1628 Febuary 3, 1999 City of Meridian BID FOR CONSTRUCTION OF ANIMAL SHELTER To be built in Meridian 50 ' x 30 ' metal building As per specs Sale price: Concrete foundation as per drawing 4000 P.S.I concrete floor 4" thick 2 "x6" wall framing 12 ' high 29 gazlge painted steel wall siding 26 gauge galvinized steel roof R-19 batt insulation in walls R-30 blow insulation in attic 5/8" sheetrock throughout fire tape sheetrock only paint interior 12 ' x 10' O.H. insulated door w/opener 3-3 'x6 '8" steel doors with wood jams vinyl windows as shown 4/12 pitch manufactured trusses 2-3 "floor drains hooked to sewer 1 hydrant and 1 hose bib hooked to water 1- 75,000 BTV gas unit heater 200 amp electrical service 10- 8 'florescent lights and 4-4 'florescent lights w/min. outlets I-exhaust fan with timer full set of architect drawings drawn to meet local codes (not engineered) $69,900. SO ~ 1 ~~~~ Doug Lasher ~ -;. '" ..~... .F 1\ X f/ : J( J~ N N J~ I~ S ~10uul;1( Units Uraill SystClllS Jtaiscll Fluor J)out>lc Uecker Sluall AuhllaJ Cages J solatiun Panels J~xc;lusiye M alcrials Slotted Welded Wire CustUUl Orders · Design Assistauce Inslallatiun Accessories . COJ\1rLlrrE KENNEL SYSTEMS BY T KENNEL SYST.El\IS, INC. Fu( InComlation: . T KENNEL SYSTEMS, INC. 1951 E 18TH ST KANSAS CtTY MO 64127 1-8(}{J..J77 .'1 OJ . c ^ (; I~ S KCIU1Cl Drainage S ystcrn u.s. f'l1lcnl No. 4.794.879 }o"'!\SCl1-1ILE 'l'R^I~Sl"lI'rTAL COVER SHEET F 1Z01.1 : J€A!~7.~v-.;;JI~ IJl\TE: 'ro: ATTH: ..v ,// M/e- ~U~ /MI/# 1~01'AL OF PAGES '1'0 FOLLOW ~ l\!'IY QUESTIOl~S CALL I ~ 0 'f E S : ~. ". ~. >IK~~ . I. . I ..i.~ ...:.' ...... ~f ' - <<' /6J~8ltJ~0, . ". . V .)~e:5T C~ E4 . .(#/ !3~~~ ~~n /7A.;t1$-/~ _ .~Y~:~~':':':'>'~~/j;jF':' ~~~1_~.".$_ ~---~ ~~..~......~....~~-~ cPldL .~I tf,;..::~.JJ~l'<" . ..~~ ,."'.t ~ .~.. ( . . ( The T .ltennelt:~5ystem: A new standard:.'fot:"kennel..:-design Indoor I Indoor-OutdOorHf Outdoor kennels . .-", ~ . t . .:.. :'1' ~:. ,':: :..~ ;.' r. ........ I ..'" The :..e~",'olu[ion~ry T Kennel design is a result of Olore than 25 ye3rs of experience in aninlal handling and kennel manufacture. The simple but effective design represents a vast improvement over tradition;1l kennels in efficiency, sanitation. and an i 11lJ 1 v/clfarc. .With our eatented covered drainage ~stenl~ your . kennels wIII,be cleaner and more sanitary. Your suff . will sp.end less time cleaning ~ennels :lnd more. time with . animil care and customer ~lstancc. And they 11 be '11:1ppier doing it. ...~ . ~~~- .............. ...-.; /-:~ ! -...;........~ -.-- I I '-.. I .-~. ~,~ ! ..' ..' -:.-..:: . -............... """-.. I ::~:.,,~ -- . -,., ....~ ..~ ~ ' "" ....... "". ..-/~. ,,' , ~~~~ f . ~~ '. ........~._ ,~...... I ~. ...... _ .q ........ ...... .:;~ .. '1 ~-,-", '----.... ._-~:=::'=~:::::~~::;2C;;~~~~~::-. /~ Slots for optional sliding'feed trays that may be emptied, cfeaned . and refilled without. entering the kennel..... ", Fun..width vertical slide duor is operated from (!l ther end through a self-contained counterweighted pufley system. Framed steel slotted welded wire panels are safe. strong and sanitary. They eliminate the sharp ends and twisted prongs of chain mesh link that can collect dirt and debris. Galvanized steel tubing frarnes are easy to assefllb~e~ . , Welded VI/ire top panel (not shovvn) is standard on Olltdoor ,double- decker, quad and small anirnal cage mode~s. .~ ...........~ Flush water Hne (not shov,In) at high pain! 0 f trench drain flushes th c waste to (1 drain outlet. 2 Kydex acrylic PVC side panels are virtually indestructible and impervious to water, urine or chemicals used for cleaning and disinfecting. Panels are sealed to prevent cross-contamination. Sloped floor (1/4" per foot) uses gravity to enhance waste removal and drainage. Patented kennel drainage system keeps drains covered while allowing free waste flow under kennel, away from the animal. It allows staff to hose waste into trench without entering kennel. Drains may be concrete floor trench drains or raised-floor trench drains. i Kennel Drainage System I U.S. Patent No. 4,794,879 Canadian Patent No. 1.293.'68 ~ Ll\DA COUNTY RECORDER J4 DAViD NAVARRO ' ~,; n : ~ ;~ I r f} A H [) ( RECORDED-REQVES FEE~=?-- DEPUTY D: ~. 1999 riR -I AM '6ft OF ME~6IAt8 0 2 0 026 r; . 990 ~oO;2 ORDINANCE NO. 810 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL (C-G);AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRlBED BELOW, BE A PART OF THE CITY OF MERlDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYORAND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: Lot 10 of Amended Magic View Subdivision as recorded in boole 52 of Plats at Pages 4445 and 4446, records of Ada County, Idaho, located in the SE 1/4 of the NE 1/4 of Section 17, T.3N., R.IE., B.M., Ada County, Idaho more particularly described as follows: Commencing at the E 1/4 of said Section 17; thence along the East boundary line of said Section 17 North 00022'57" West, 1326.59 feet to the N 1/16 or said Section 17; thence along the North boundary line of said Amended Magic View Subdivision North 89058'3011 West, 770.41 feet to the NE corner of Lot 3 of said Amended Magic View Subdivision; MIDVALLEY BUSINESS PARK SUBDIVISION ANNEXATION AND ZONING ORDINANCE ( thence along the East boundary line of said Lot 3 South 00004'48" East, 574.08 feet to a point on the exterior boundary line of said Lot 10, said point being the Real Point of Beginning; thence along the exterior boundary line of said Lot 10 the following courses; thence South 83021'41" East, 64.86 feet; thence South 00022158" East, 611.11 feet; thence North 84041113" West, 473.05 feet; thence North 16003'05" East, 626.61 feet; thence South 83011'15" East, 230.88 feet to the Point of Beginning, containing 5.40 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the / 6-1.! day of ;::ebrua~ , I 999. MIDVALLEY BUSINESS PARK SUBDIVISION ANNEXATION AND ZONING ORDINANCE 2 ( SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herevvith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk. of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman luanner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax COlumission of the State of Idaho, all in compliance with Idaho Code s63-2215 and sSO-223. PASSEQ BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 16f:1, day of R./JJrMrr ,1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 16~ day of t=-e brU-a-f-q ,1 999. J OR \ ,,, f\ nttt, "'1, I 1).",,..e. ~"Ii ~~ "" V' ..,~ ~~~ ~ ~ v- h-. ..... ~ $ .~ \ : ~ E = if SEAL i - nl- ~ ~ ~ msg\D:\MyFiles\Meridian City File\Ordinances2~T ~ ZON )n:>~CES\AZ ORD FOR MIDVALLEY BUS PARI(SUB.WPD '''a '~r 1~. .$ f ~ . ~ ..n' ~ ~ n,..,. __I ~ ,~~ "",.#-~'--'UNl'l' \\' .'11 \\\ 11"IUn.."'" MIDVALLEY BUSINESS PARK SUBDIVISION ANNEXATION AND ZONING ORDINANCE 3 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 810, passed by the City Council of the City of Meridian, on the /6 ~ day of ~aaio/: 1999, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of\1n,~ City of Meridian. \.\ \ \ \ \ \ 111,/ II \ \~ Of "-1-r:::- if. "~x' ~ ~J>-~f.::..re-~-?1j. .t'.//,1y ,\. ,~ . ~Vlry. if.:, .....'" .:\ . ~""';'-;.J.~ ~ CJ-.n'itPrID ~ ~\o. ~j~ ~ ..... _,--V- -~ ~ l";, ? g ~ <0 ~ ~ ~ ~ - ~ SEAL ~ ~ &' E ~ ~ . - (,)J/.J- ,,~ ::: ~ () -0.'131 . ,f ,,9 j STATE OF IDAH"'~>~C'o '.' w"'",,,,~ '>'1 c:.1J IN ~ "(, \\" . 1'11~ \ \\ C t f Ad ) 11 t1 Ii 1" t n \ \\ Dun y 0 a, ~ On this ./ C9 day of ~. , in the year 1999, before me, ~.!) S, vY\S" , a Notary Public, appeared WILLIA G. BERG, JR., known or Identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he exec~tM.~~ same~ behalf of the City of Meridian. ~~""" L ""'~ " ~~~~G~;''''; 8b~~ ~ ~ 0.. .....~~ ~ ~ ~ . ~ ( f i~ ~~~r\ , wD~ ~{rvLO S *(~Ei)1-~ C i * E Notary blic for laaho d ~ \ tfl: "0... BL\ lo i Commission Expires: I l '()e'{)~ ~ 1> >Q~~ ..- A.~'" ~ 4l,~...-1 - ~Oooqe06 .......y ~.... rrrs~d\MY(jI~~rt~ City File\Ordinances2\ANNEXATION AND ZONING ORDINANCES\CERTIFICATION ACKNOWMT CITY CLE~.:MJg,\{~Q.D~BUS PARK SUB.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN 1e SEC. 17 JILL [G~O~ -: - _ -- -nltl 1 .f (c, ;; wI ~\ 0\ ~l I !.J1l!v1tJu _ ~ _~:Y/AY- ES ATES 4 1 2 . 4 ~ >- a: o ~ !..! X M ~!J6' W'W. 2 '770.41' I , I I I 1 1 I I I I I I 1 1 I I I S. i3'''2J'41.e. : _ _ &.4. ~" !~ - --==:- :~: ,:-==-=DRIYf-:======::=:==-==n ~ '" I I 12E4\.. ............. 1Of<a....,1l/; I : i ~ 3 11 \~ ! \1111:~' ".Y4.b4l'13"~. 4-73,/S' l \" :_=::_=GENIR'l==-:W~X=--== -" I ( \ I I \ ~ ~ -- ~ N ~... <<::::::::::::':::=========:'1:1 :::~;'~ __-_--==-_- .,<~/ 4.. \ /.... ",," : \':::1 /./: /':::>/ : , ij /" /" ~ ..." /'/ F /<>/ II ' \ /<~~:>/ \ ;>.--...."..."/"... ...,," / rt //<:::::::>/ \ :'__......) ..... ___ _- ..._....- <; J \ - __--~---_-_---:_----~:_~-~-~~-~~~::::.::::::>/- ~: :11:/1,,:1 \~~\ _--------,-====:::::t~:::::::::~:-~~:~~~~;~~:~~:::=-:-- - - \ \ " MAGIC t ~ in lq ~ a- S \0 ! ! I t;: ~: ~l ~\ ,,~ r--------- L/- +:::::::: -+--....--:::- -1i/ \7 1 // I I , , 1 ' I ' : ! \ ,: l } I I II L I' II Y .....f PARTIAL RELEASE OF DEVELOPMENT AGREEMENT The Development Agreement entered into by and between GEM P ARI( II, an Idaho General Partnership, party of the second part, whose address is P.O. Box 344, Meridian, Idaho 83642, and the City of Meridian, a municipality of the State of Idaho, acting by and through its Council Melubers, as filed for record in the office of the Ada County Recorder as Instrument No. 98072921, on the 30th day of July, 1998, is hereby partially released and revoked in part by the deletion of the following therefrom: That Developers agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, . . . I, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of - Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first vyarrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will tal(e reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. and said provisions thereof are no longer binding on the parties thereto. All other terms and conditions of the Development Agreement are hereby IPortions not quoted are not released. PARTIAL RELEASE OF DEVELOPMENT AGREEMENT - 1 affirmed. DEVELOPER 1 ./ CI OF MERIDIAN . I!/\ __---==----- _ .' ^-..sCr~ o ert D. Corrie, Mayor ACI<NOWLEDGMENT STATE OF IDAHO,) : ss. County of Ada, ) On this 11 ~ day of ~. , 1999, before me, the undersigned Notary Public in and for t~Sdi<.\t.eG-B~s~0~peared GREG JOHNSON, known or identified to me to be the FffSldCll~ dllcfseoaal)' of GEM PARK II, an Idaho General Partnership, Meridian, Ada County, State of Idaho, and aclmowledged to me that he executed the above instrument for and on behalf of said Gem Parl< II, and acknowledged to me that said Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ",.......,... ~", <OL L ~,~ ~.. ~OJ;l · S./: ~#~ ~..~~ 'b.~ ........... ~ n ~ I S"C ^;It' Y .. e. v- ~ ~ . . ~ s ! ~OT ~r \ '! NOT Y P LIC FOR IDAHO : : I 5 M/\ _ .J'__ : * ;, -.- c 1 * i Residing at: ne1h~ ~ 0 PUBL\ · = Me" E. la/ slJzQ~ ':. ~ -.0 .. ~ y ommlSSlOn xplres: I . ~# /> (1_. ...A.~ 0 $ , #.., ~ 7' ....... ~~,.. ft#" PART~t/~~~~~~F DEVELOPMENT AGREEMENT - 2 STATE OF IDAHO) :ss County of Ada ) On t~i.sJ 1\l day of ~. , in the year 199~, before me, Arfj]/l '- ~ I fY\ S , a Notary Public, personally appeared Robert D. Corrie an illiam G. Berg, l<.now or identified to me to be the Mayor and Clerl(, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument ~behalf of said City, and aclmowledged to me that such City executed the OJ'\- same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official s~MI.~be day ang year in this certificate first above 'Written. ~", "fl. 1 ~~~~G~L L. 9J';~#~ ,1 ".... '&.~ ........... "'~^ '-~ 1 I ".... · v~ '\ ~ I I ~OT~r \ i; · i~) ..... 1*= . Nota Public for Idah~o i .. C I = I \. ". PUB1J. I 'I Commission expires: I I. Jry);l ~ iP').... .. <:) ~ ~# -r~ '......... ~, ~ ~#4 )"13 OF \"'0 ~ It"'" .~ , ~.~ ..,~.. - a: msg\D:\M)'t-f~an City Fj~greement\Partial Release of Dev Agmt Gem Park II Sherbrooke.wpd PARTIAL RELEASE OF DEVELOPMENT AGREEMENT - 3 RECETV ED FEB - 2 1999 CITY OF MERIDIAN BY: e. tf(1u~frel!- C t91-vn-ci"t /'I1Li~~ A RESOLUTION OF THE CITY COUNCIL SETTING FORTH CERTAIN FINDINGS AND PROVIDING FOR THE AMENDMENT AND AS A PARTIAL RELEASE OF THE PROVISION IN OF ANY AND ALL "DEVELOPMENT AGREEMENT(S)" ENTERED INTO BY THE CITY AS PART AND PARCEL OF AN APPLICATION FORANNEXATION AND ZONING AND/OR ZONING AMENDMENT APPLICATION APPROVAL WHEREIN SUCH "DEVELOPMENT AGREEMENT(S)" IT IS PROVIDED THAT THE DEVELOPERS AGREE TO AND GRANT A SECURITY INTEREST IN THE LAND WHICH IS SUBJECT TO THE AGREEMENT AND PROVIDING THAT THE MAYOR AND CITY CLERI( MAY EXECUTE AND RECORD THE APPROPRIATE RELEASE OF SAID PROVISION. RESOLUTION NO. 2/2. NOW, THEREFORE, BASED UPON THE ABOVE AND FORGOING IT IS HEREBY RESOLVED AND THIS DOES RESOLVE THAT: SECTION 1. FINDINGS. 1. WHEREAS, there were certain "Development Agreements" entered into by the City as part and parcel of an application for annexation and zoning and/or zoning amendment application approval wherein in such "Development Agreement(s)" it is provided that the Developers agree to and grant a security interest in the land which is subject to the agreement; and 2. WHEREAS, it has been cumbersome to administer said provision and it is found that the provision may be released and the City's interests otherwise protected in said agreements; and 3. WHEREAS, it is administratively more efficient to provide for a grant of authority to the Mayor and City ClerIc. to execute on behalf of the City the necessary partial releases of said provision of the affected "Development Agreement( s)" so that each individual partial release does not have to be brought baclc. before the City Council for approval; and 4. WHEREAS, it is found that this resolution does not affect any of the specific terms of development required by the "Development Agreement(s)" that are the subject of this resolution and said "Development Agreement(s)" will not be materially different and therefore a public hearing on this matter is not required. SECTION 2: The Mayor and City Clerk. are hereby authorized upon request of a real party in interest to the "Development Agreement( s)" on behalf of the City of Meridian to execute and record the appropriate partial release of those provisions of any uDevelopment Agreement(s)" providing that the Developers agree to and grant a security interest in the land which is subject to the agreement and to release any claim of the City to on the following herein quoted RESOLUTION FOR PARTIAL RELEASE OF THE PROVISIONS OF ANY AND ALL DEVELOPMENT AGREEMENTS - 1 ( provisions: That Developers agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, . . . 1, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITI will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITI further agrees that, upon request of DEVELOPER, the CITI will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will tak.e reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. SECTION 3. All other terms and conditions of the Developement Agreement are hereby affirmed. Il PASSED BY THE CITI COUNCIL OF THE CITI OF MERIDIAN, IDAHO, this /6 - dayof fi6r~'Y ,1999. APPROVED BY THE MAYOR OF THE CITI OF MERIDIAN, IDAHO, this 16#1.. day of Fe6raaJ;j , 1999. ArrEST: IPortions not quoted are not released. RESOLUTION FOR PARTIAL RELEASE OF THE PROVISIONS OF ANY AND ALL DEVELOPMENT AGREEMENTS - 2 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16.1999 APPLICANT: CONSENT AGENDA ITEM NUMBER: E REQUEST: RESOLUTION #2 - PARTIAL RELEASE OF DEVELOPMENT AGREEMENTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: 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. COMMENTS SEE ATTACHED RESOLUTION VfU cv1 fro Office of the City Attorney 200 E. Carlton Ave. Suite 31 PO Box 1150 Meridian 10 83680-1150 Phone: 288-2499 Fax: 288-2501 E-mail: wfg@wppmg.com To: From: Re: Date: City Clerk, Will Berg Bill Gigray, City Attorney Development Agreements January 30, 1999 RECEIVED FEB - 2 1999 CITY OF MERIDIAN I am enclosing with this memo the following: *~ Item No. 1 Memo to the Mayor and-Council; and Item No.2 Resolution of the City Council providing that the Mayor and City Clerk may execute partial releases of development agreements which provide for a lien on the land that is the subject of the development agreement; and Item No.3 Partial Release of Development Agreement for Moore or Les, Inc. and Ronald Crow and the City of Meridian Item No.4 is a copy of the Development Agreement for Moore or Les, Inc. I have prepared 10 of each with the original on the top. Please read the memo to the Mayor and Council and that will explain what this is about and why it is being transmitted at this time. Please distribute these to the Mayor and Council and to the Planning and Zoning and to Public Works. If you have any questions please advise. Thank you. .. t (- \. Office of the City Attorney 200 E. Carlton Ave. Suite 31 PO Box 1150 Meridian 10 83680-1150 Phone: 288-2499 Fax: 288-2501 E-mail: wfg@wppmg.com To: From: Re: Date: City Clerk, Will Berg Bill Gigray, City Attorney Development Agreements January 30, 1999 RECEIVED FEB - 2 1999 CITY OF MERIDIAN I am enclosing with this memo the following: Item NO.1 Memo to the Mayor and-Council; and * >- Item NO.2 Resolution of the City Council providing that the Mayor and City Clerk may execute partial releases of development agreements which provide for a lien on the land that is the subject of the development agreement; and Item No.3 Partial Release of Development Agreement for Moore or Les, Inc. and Ronald Crow and the City of Meridian Item NO.4 is a copy of the Development Agreement for Moore or Les, Inc. I have prepared 10 of each with the original on the top. Please read the memo to the Mayor and Council and that will explain what this is about and why it is being transmitted at this time. Please distribute these to the Mayor and Council and to the Planning and Zoning and to Public Works. If you have any questions please advise. Thank you. MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16, 1999 APPLICANT: CONSENT AGENDA ITEM NUMBER: C REQUEST: JOINT POWERS AGREEMENT FOR AUTOMOTIVE INSPECTION PROGRAM (RES. #212) AGENCY COMMENTS CITY CLERK: SEE ATTACHED AGREEMENT CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING DEPT: CITY WATER DEPT: NAMPA MERIDIAN IRRIGATION: J)t;vJt ~ ~ I(~ ~ r ,~Uj ~ -IJ^ r/-\U ~ Qlrl J ~ ( MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( AUTOMOTIVE INSPECTION PROGRAM JOINT POWERS AGREEMENT WHEREAS, Chapter 23 of Title 67, Idaho Code, provides for certain joint powers and activities between public agencies within the State of Idaho; WHEREAS, the public agencies signatory to this Agreement desire to create an Air Quality Board and exercise certain joint powers pursuant to said state law for the purpose of implementing and administering a motor vehicle emissions control program; WHEREAS, enabling legislation known as the 1999 Motor Vehicle Emissions Control Ordinance has been adopted by each participating agency defining the purpose, nature and scope of such progr~m; WHEREAS, it is the finding of each public agency that such joint cooperative effort is the most efficient use of their powers in view of the geographic, economic and other factors influencing such program; WHEREAS, to be successful, such program within Ada County must function on a uniform basis within the common jurisdiction of all public agencies; WHEREAS, each public agency has the authority to enter into this Agreement and to perform individually the functions hereinafter described, and the execution of this Agreement will not extend the jurisdiction, power, privilege or authority of each public agency. NOW, THEREFORE, the undersigned public agencies hereby agree to the following terms and conditions of this Agreement. 1. Term. The term of this Agreement shall commence the _ day of , 1999, and remain in force until such time that the Automotive Inspection and Repair program provided for in the 1999 Motor Vehicle Emissions Control Ordinance is terminated. 2. Board Created. There is hereby created an entity to be known as the Air Quality Board, to act on behalf of each public agency signatory to this Agreement, for the purpose herein expressed. 3. Purpose of the Board. The purpose of the Board sh.all be to implement and administer the Automotive Inspection Program as the same is set forth in the 1 999 Motor Joint Powers Agreement 1 [date] Vehicle Emissions Control Ordinance, a copy of which is attached hereto marked Exhibit "An and incorporated herein by reference and attachment. Duties, responsibilities and guidelines for the Board are also included in Exhibit "A." 4. Board ComDosition. The Board shall consist of one elected official from each agency signatory to this Agreement, and one citizen-at-Iarge appointed by each agency signatory to this Agreement. One representative of Public Health District IV, or any agency that may succeed to its powers and duties, shall serve as an ex-officio member. The Director shall also serve as an ex-officio member. Each agency shall be responsible for selecting its representatives who shall serve until removed or replaced by the appointing agency. 5. Bv-Laws. The Board shall adopt By-Laws and distribute same to the chief executive officer of each agency signatory to this Agreement. 6. Funding. Funding for the program shall be a combination of state or federal grants, matching funds, inspection fees, and any other monies appropriated or accruing to the Air Quality Board. All financial transactions for the program shall be within the Motor Vehicle Emissions Inspection Fund established in Exhibit "A" and shall be accounted for in accordance with generally accepted accounting principles. Budgetary procedures of the Air Quality Board shall be as specified in Exhibit "A." 7. Termination. The Board shall not be terminated prior to termination of the 1999 Motor Vehicle Emissions Control Ordinance. The withdrawal of any agency prior to termination shall constitute a forfeiture of any funds or properties contributed by said agency to the Air Quality Board. Upon mutually agreed termination of the 1999 Motor Vehicle Emissions Control Ordinance by all participating agencies, the remaining funds or property contributed by each participating agency shall be returned to that agency. 8. Aareement to Enforce. The 1999 Motor Vehicle Emissions Control Ordinance, attached hereto as Exhibit "A," provides the statutory enabling law for the implementation and administration of the Automotive Inspection and Readjustment control program. Each public Joint Powers Agreement 2 [date] agency, through the execution of this Agreement, agrees to the enforcement of said ordinance, where applicable, within its respective jurisdiction~ 9. Miscellaneous. This Agreement and the attached Exhibit uA" shall therefore be executed and adopted by each agency in accordance with all applicable statutory requirements. Any action of the Board shall be subject to compliance with all state and federal laws applicable to municipalities and counties within the State of Idaho. Dated this _ day of , 1999. Passed by the Council and approved by the Mayor of the City of Boise, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk , 1999. Passed by the Council and approved by the Mayor of the City of Eagle, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk , 1999. Passed by the Council and approved by the Mayor of the City of Garden City, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk , 1999. Passed by the Council and approved by the Mayor of the City of Kuna, Idaho Approved By: Attest By: Mayor City Clerk Joint Powers Agreement 3 [date] (' t, ( Dated this _ day of , 1999. Passed by the Council and approved by the Mayor of the City of Meridian, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk , 1999. Passed by the Council and approved by the Mayor of the City of Star, Idaho Approved By: Attest By: Mayor Dated this _ day of City Clerk , 1999. Passed and approved by the Board of Ada County Commissioners Approved By: Commissioner Approved By: Commissioner Approved By: Commissioner Dated this _ day of , 1 999. Passed and approved by the Board of Ada County Highway District Commissioners Approved By: Approved By: Commissioner Commissioner Approved By: Approved By: Commissioner Commissioner Approved By: Commissioner CS\CB\A.IR JOINTPWR.AGR Joint Powers Agreement 4 [date] ( MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16, 1999 APPLICANT: CONSENT AGENDA ITEM NUMBER: 0 REQUEST: ORDINANCE #814 -1999 MOTOR VEHICLE EMISSIONS CONTROL AGENCY COMMENTS CITY CLERK: SEE ATTACHED DRAFT ORDINANCE CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CENTRAL DISTRICT HEALTH: ,vJ~ Pi Vt e.- ~' V . rl/ ~PV ~~ rt CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: NAMPA MERIDIAN IRRIGATION: ~t!1 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. ( MOTOR VEHICLE EMISSIONS CONTROL 6-1-3 1.1 (reserved) 1.2. SHORT TITLE This Ordinance may be cited as The 1999 Motor Vehicle Emissions Control Ordinance. 1.3. LEGISLATIVE FINDINGS AND PURPOSE OF ORDINANCE It is found and declared that exhaust emissions from Motor Vehicles are a major source of air pollution throughout Ada County and such air pollution is a health hazard to all residents of the County and its incorporated cities; It is further found and declared that an effective system of periodic motor vehicle inspection and maintenance will reduce the level of vehicular-based air pollution; It is further found and declared that the federal government has mandated to the several states and local entities the ultimate responsibility for periodic motor vehicle inspection and maintenance; It is further found and declared that Ada County has been designated as a non-attainment area for both carbon monoxide and small particulate matter (PM10) and as such is mandated under the Federal Clean Air Act to reduce emissions so that the National Ambient Air Quality Standards will be attained and maintained; It is further found and declared that Ada County and its incorporated cities will be monitored for PM2.5 and ozone in the immediate future, and that the primary source of both of these pollutants in Ada County is exhaust emissions from motor vehicles. It is further found and declared that fuel economy is a legitimate legislative purpose and that an erfficient emissions control program will result in motor vehicle fuel savings for the residents of Ada County and its incorporated cities; It is further found and declared that Ada County and its incorporated cities are duly authorized to enact and enforce this Ordinance under Idaho Code 931-714 and s..., respectively; The purposes of this Ordinance, therefore, are to protect the health and welfare of the citizens of Ada County and its incorporated cities, to provide for the continued control and management of exhaust emissions above certain levels as determined by the Federal Clean Air Act, as amended, as well as Rules for the Control of Air Pollution in the State of Idaho (IDAPA 16.01.01, et seq), and to empower the Air Quality Board to design and implement required periodic inspection of certain motor vehicles. 1.4 DEFINITIONS Automotive Inspection Program That program established by the Board in accordance with this Ordinance and whose purpose is to implement the requirements of this Ordinance. Automotive Inspection Station A facility licensed in accordance with Board specifications or operating under a contract with the Board for the purpose of performing Exhaust Emissions Inspections. Board The Air Quality Board, chartered under the Automotive Inspection and Readjustment Program Joint Powers Agreement and this Ordinance. Carbon Monoxide (CO) An inorganic chemical compound containing one atom of carbon and one atom of oxygen. Certificate of Compliance A Board-approved certificate verifying that the Motor Vehicle described thereon is in compliance with the requirements of this Ordinance and the Rules and Regulations adopted pursuant to this Ordinance. Emissions Inspection Mechanic An individual who performs Exhaust Emissions Inspections on behalf of the Board in compliance with a formal written agreement with the Board. Emissions Repair Mechanic An individual who performs exhaust emissions repairs to Motor Vehicles on behalf of the Board in compliance with a formal written agreement with the Board. Exhaust Analyzer A device for calculating the proportion of various gases, vapors and particles present in the Exhaust Emissions of a Motor Vehicle, specifically including Carbon Monoxide, Hydrocarbon, Oxides of Nitrogen, Sulfur Dioxide, Volatile Organic Compounds and any other gases, vapors and particles as required by the Board. Exhaust Emissions Substances emitted into the atmosphere from any opening downstream of the exhaust port(s) of any Motor Vehicle engine. Exhaust Emissions Control Device Equipment designed by the manufacturer for installation on a Motor Vehicle for the purpose of reducing pollutants emitted from the Motor Vehicle, or a system or engine modification of a vehicle which causes a reduction of pollutants emitted from the Motor Vehicle, as required by federal law. ExhaustEmmsionslnspecilon and Exhaust Emissions Re- Inspection That test, performed at an Automotive Inspection Station or a Repair and Re-Inspection Station by an Emissions Inspection Mechanic, which determines whether a Motor Vehicle's Exhaust Emissions meet or do not meet applicable Pass-Adjust Criteria. ( ( Fine Particulate Matter (PM2.sJ All particulate matter, including condensable particulates, with an aerodynamic diameter of less than or equal to a nominal two and one half (2.5) micrometers. Gross Vehicle Weight The weight in pounds of a fully-fueled empty Motor Vehicle plus any additional carrying capacity specified by the vehicle manufacturer. Hydrocarbon (He) An organic compound consisting exclusively of the elements carbon and hydrogen. Inspection Period That period, determined according to applicable Rules and Regulations, during which a Non-Exempt Motor Vehicle is scheduled to be presented for an Exhaust Emissions Inspection. Joint Powers Agreement That agreement entered into pursuant to the joint powers provisions of Idaho Code Chapter 23 Title 67, among and between the incorporated cities of Ada County, the County of Ada, and the Ada County Highway District, which creates the Board. Model Year The year of origin of a Motor Vehicle so designated by that vehicle's Certificate of Registration filed with the Idaho Department of Transportation. Motor Vehicle Any self-propelled Motor Vehicle with four or more wheels in contact with the ground. Motor Vehicle Owner An ir.1dividual, partnership, firm, public, private, or municipal corporation, association, trust, estate, agency, lessee, political subdivision of the State of Idaho or the Government of the United States or any other legal entity or their legal representatives, agents or assigns whose name appears as owner of a Motor Vehicle on its Certificate of Registration. National Ambient Air Quality Standards (NAAQS) Standards developed by the U.S. Environmental Protection Agency in accordance with its responsibilities under the Federal Clean Air Act, as amended, and its implementing regulations. Non-Exempt Motor Vehicle A Motor Vehicle which is subject to the Automotive Inspection Program and its Exhaust Emissions Inspections. Oxides of Nitrogen (NO) A group of chemical compounds formed by the combination of oxygen and nitrogen. ( \ Ozone (0;) A molecule composed of three atoms of oxygen. Particulate Matter (PM1aJ All particulate matter, including condensable particulates, with an aerodynamic diameter of less than or equal to a nominal ten (10) micrometers. Pass-adjust Criteria Those standards set forth in the Rules and Regulations adopted by the Board pursuant to this Ordinance which specify the maximum allowable components which may exist in Exhaust Emissions of a Non-Exempt Motor Vehicle. Public Notice A statement of the Board's intent to modify the Rules and Regulations, including a summary of the proposed modifications, published in at least one newspaper of general circulation within Ada County, posted at the offices of the Air Quality Board, and mailed to all participants in the Joint Powers Agreement and all Automotive Inspection Stations. Repair and Re-Inspection Station A facility licensed in accordance with Board specifications or operating under a contract with the Board for the purpose of repairing Non-Exempt Motor Vehicles which have failed an Exhaust Emissions Inspection and to perform a re-inspection of Exhaust Emissions in a manner specified by the Board. Rules and Regulations Specific written provisions governing the Automotive Inspection Program, as adopted and amended by the Board from time to time. Sulfur Dioxide (SO~ A chemical compound consisting exclusively of the elements sulfur and oxygen. Tampering Removal of or rendering wholly or partially inoperative an Exhaust Emissions Control Device, including but not limited to the catalytic converter, air injection system, fuel inlet restrictor or other subsequent systems and devices designed and installed to reduce exhaust emissions. Volatile Organic Compound (VQG) Any organic compound which readily evaporates in the atmosphere and, through its participation in atmospheric photochemical reactions, contributes to the formation of Ozone. 1.5. CREATION OF AN INSPECTION-MAINTENANCE PROGRAM A. An Air Quality Board is hereby created pursuant to the joint powers provisions of Idaho Code Chapter 23 Title 67 in a Joint Powers Agreement executed by the participating public agencies. The composition and organization of the Board shall be as set forth in the Joint Powers Agreement. B. The Board shall design and implement an Automotive Inspection Program for the mandatory Exhaust Emissions analysis, inspection, maintenance and repair of Non- Exempt Motor Vehicles to insure continued compliance with National Ambient Air Quality Standards and in accordance with applicable rules and regulations of the U.S. Environmental Protection Agency, the State of Idaho Division of Environmental Quality and the Ada Planning Association Board. c. The Exhaust Emissions of each Non-Exempt Motor Vehicle will be measured and evaluated periodically and the Owner of any such vehicle is required to present the vehicle at an Automotive Inspection Station for an Exhaust Emissions Inspection unless specifically exempted from this requirement by the Board or by this Ordinance. Failure to do so within the Inspection Period constitutes prima facie evidence of a violation of this Ordinance. The frequency and timing of the Inspection Period will be determined by the Board. D. The Owner of a Non-Exempt Motor Vehicle which passes an Exhaust Emissions Inspection as provided herein shall be presented with a Certificate of Compliance. The Owner shall maintain the certificate in a place and manner specified by the Board in the Rules and Regulations and present it to the Board or other authority upon demand. Failure to do so constitutes prima facie evidence of a violation of this Ordinance. E. A Motor Vehicle is classified as a Non-Exempt Motor Vehicle if all of the following are true: 1. The Certificate of Registration has 'ADA COUNTY' entered upon it as the county of residence or would be required to have 'ADA COUNTY' entered upon it as the county of residence pursuant to Idaho Code 49-401 B; 2. The Gross Vehicle Weight equals or exceeds 1500 pounds; and 3. The Model Year is 1965 or newer. F. The following are hereby specifically exempted from compliance with the Automotive Inspection Program, subject to verification in a manner specified by the Board and included in the Rules and Regulations: 1. Motorcycles as defined in Idaho Code 40-114; 2. "Idaho Old Timers" as defined in Idaho Code 49-406; 3. Farm tractors as defined in Idaho Code 49-107; 4. Motor Vehicles registered under the pro-rated registration provisions of Idaho Code 49-437 for a period of less than six (6) months; 5. Idaho Classic vehicles as defined in Idaho Code 49-406A; and 6. Motor Vehicles for which an alternate fuel type has been established according to Rules and Regulations adopted by the Board; 7. Such other Motor Vehicles as may be exempted by Rules and Regulations adopted by the Board. G. An Exhaust Emissions Inspection may only be performed by and in a manner consistent with Rules and Regulations adopted by the Board. An Exhaust Emissions Inspection shall include all of the following: ( ( 1 . A measurement of Exhaust Emissions using an approved Exhaust Analyzer or other procedure or device approved by the Board to sample the Motor Vehicle's Exhaust Emissions, specifically including Carbon Monoxide and Hydrocarbon content of the Exhaust Emissions and any other gases, vapors and particles as adopted by the Board to comply with the purposes of this Ordinance as expressed in Section 1.3; and 2. A determination as to whether Exhaust Emissions meet the Pass-Adjust Criteria; and 3. A visual inspection, for Model Years 1984 and newer, to verify presence of the catalytic converter, air injection system, size of the fuel restrictor and any oth~r visual inspection component(s) specified by the Board in the Rules and Regulations; and 4. Any other inspection adopted by the Board in the Rules and Regulations. H. Where Exhaust Emissions do not meet the Pass-Adjust Criteria, an indication to a Motor Vehicle Owner of the repair and Re-Inspection provisions of the Automotive Inspection Program. I. It is the responsibility of the Owner of a Non-Exempt Motor Vehicle which was found not to comply with the Pass-Adjust Criteria to have the Motor Vehicle brought into compliance at the Owner's expense and to have it re-inspected within ten (10) calendar days of the failed Exhaust Emissions Inspection according to procedures and criteria established by the Board and included in the Rules and Regulations. J. Each Non-Exempt Motor Vehicle shall bear a share of the cost of the Automotive Inspection Program regardless of whether the Board elects to waive one or more Exhaust Emissions Inspections for that vehicle. The Motor Vehicle Owner for each Non- Exempt Motor Vehicle is required to submit payment to the Board or other authorized representative under terms and conditions specified in the Rules and Regulations. K. An Emissions Inspection Mechanic who performs an Exhaust Emissions Inspection on a Motor Vehicle shall, when the Motor Vehicle is found to comply with the Pass-Adjust Criteria, immediately issue a Certificate of Compliance in accordance with procedures adopted by the Board in the Rules and Regulations. The Certificate of Compliance will expire on the last day of the next Inspection Period for that Motor Vehicle. 1.6. DUTIES AND POWERS OF THE BOARD A. The Board shall conduct regular monthly meetings at such time and place as the Board shall determine. Meetings are open to the public. B. The Board, in accordance with the criteria expressed herein, shall adopt Rules and . Regulations for the implementation and operation of the Automotive Inspection Program and amend those Rules and Regulations from time to time as it deems necessary. Rules and Regulations and amendments to same may only be adopted at an Air Quality Board meeting with a minimum of fourteen (14) days' Public Notice of the Board's intent to amend the Rules and Regulations. I ( . C. Rules and Regulations shall include but not be limited to the following: 1. Procedures for determining the exempt or non-exempt status of any Motor Vehicle and releasing exempt Motor Vehicles from further compliance with the Automotive Inspection Program; 2. Procedures for establishing the Inspection Period for a Non-Exempt Motor Vehicle; 3. Structure of the Automotive Inspection Program, specifically including whether repairs and adjustments to Motor Vehicles failing to comply with the Pass-Adjust Criteria mayor may not be made by Emissions Inspection Mechanics who perform the original Exhaust Emissions Inspection; 4. Procedures for licensing or contracting for Automotive Inspection Stations, Repair and Re-Inspection Stations, Emission.s Inspection Mechanics and Emissions Repair Mechanics and for the potential termination thereof; 5. Pass-Adjust Criteria for all Non-Exempt Motor Vehicles; 6. Nature and display of Certificates of Compliance on Non-Exempt Motor Vehicles which successfully comply with the Pass-Adjust Criteria; 7. Specifications for approved Exhaust Analyzers or other emissions measurement devices or systems; 8. Procedures by which the fee to be charged each Motor Vehicle Owner for each Non-Exempt Motor Vehicle is determined, or, alternatively, the fee itself; 9. Circumstances under which a waiver may be granted to exempt a Non-Exempt Motor Vehicle from the provisions of this Ordinance, either temporarily or permanently; 10. Minimum effort(s) which will be required of the Owner of a Non-Exempt Motor Vehicle Owner which fails to comply with the Pass-Adjust Criteria in order to bring the failing vehicle into compliance with the Pass-Adjust Criteria, as well as procedures by which such minimum effort provisions may be amended from time to time. This effort shall generally be the minimum necessary to accommodate typical repair and reinspection needs and may be different for different Model Years; 11. Cost of a Certificate of Compliance. This shall be the minimum necessary to provide for the ongoing operation, administration, maintenance and enforcement of the Automotive Inspection Program and shall not exceed $4.00 without concurrence of all parties to the Joint Powers Agreement; 12. The processing fee which may be assessed upon Owners of Non-Exempt Motor Vehicles who fail to present their Non-Exempt Motor Vehicle for inspection within the Inspection Period and the procedure by which this fee is established. This fee shall be sufficient to recover costs of processing notices of violation for all Non-Exempt Motor Vehicles which do not comply with the provisions of this Ordinance within the Inspe.ction Period; 13. Procedures governing the contracting for or licensing of Automotive Inspection Stations, Repair and Re-Inspection Stations and Emissions Inspection Mechanics and the suspension, revocation, or termination of those contracts or licenses when appropriate; 14. Schedules and deadlines for the flow of data, paperwork and information pertaining to Exhaust Emissions Inspecti.ons among Automotive Inspection Stations, Repair and Re-Inspection Stations, Exhaust Emissions Mechanics and the Automotive Inspection Program staff; and 15. Any other matters deemed to be within the authority of the Board. ( D. The Board may, at its discretion, employ the full power and authority of law to insure that Motor Vehicle Owners comply fully and completely with Idaho Code 49-401 8, specifically including correct designation of the county of residence as provided therein. E. The Board shall conduct an on-going quality assurance program to determine that all Automotive Inspection Stations, Repair and Re-Inspection Stations and Exhaust Emission Mechanics perform Automotive Inspection Program tasks in conformance with the adopted Rules and Regulations. F. The Board or its authorized representative, upon written notice and an opportunity for a hearing, may suspend, revoke and/or require the surrender and forfeiture of any license granted by the Board which is not utilized in accordance with this Ordinance or the Rules and Regulations. The procedure and grounds for suspension or revocation shall be set forth in the Rules and Regulations and shall comply with current Idaho law. G. The Board shall have the authority to undertake any additional actions reasonably necessary to the operation of the Automotive Inspection Program, including but not limited to: 1 . Employing necessary staff; 2. Executing necessary contracts and documents; 3. Authorizing deposits into and expenditures from the Motor Vehicle Emissions Inspection Fund; 4. Acquiring and disposing of personal property; 5. Establishing an annual budget for the Air Inspection Program; 6. Operating the Automotive Inspection Program in accordance with standard fiscal practice; and. 7. Providing for an annual audit of both financial and management practices of the Automotive Inspection Program. H. The Board shall conduct ongoing evaluations of the Automotive Inspection Program sufficient to satisfy requirements of the US Environmental Protection Agency, the Ada Planning Association Board and other applicable rules and statutes. 1.7. FINANCING A. There is hereby established a Motor Vehicle Emissions Inspection Fund which shall consist of the following: 1 . Money appropriated thereto by the Board or any local entity; 2. Money remitted by Automotive Inspection Stations and Repair and Re-Inspection Stations which is collected as fees; 3. Money received by the Board from private grants or donations; 4. Money received by the Board from processing fees assessed to Owners of Non- Exempt Motor Vehicles who do not present their vehicle for an Exhaust Emissions Inspection during the Inspection Period; 5. Federal or state funds received by the Board for the Automotive Inspection Program; and 6. Any other funds received by the Board from any source. B. Moneys in the Motor Vehicle Emissions Inspection Fund may be used to pay all costs incurred by the Board in administering any aspect of the Automotive Inspection Program. c. The Board shall appropriate and budget on a fiscal year basis, indicating expenditures to be made in implementing and administering the Automotive Inspection Program and sources of income to be used for such expenditures. 1.8. INSPECTION CRITERIA AND COSTS A. A Non-Exempt Motor Vehicle's Exhaust Emissions must be less than or equal to the approved Pass-Adjust Criteria in order for a Certificate of Compliance to be issued without further repair, adjustment or testing. B. Non-Exempt Motor Vehicles of the Model Year 1984 and newer must have a fully operational catalytic converter, air injection system, fuel restrictor and any other component(s), devices or systems specified by the Board in the Rules and Regulations. The Owner of a Non-Exempt Motor Vehicle is required to see. that these systems are fully operational. An Exhaust Emissions Inspection will not be performed on any vehicle on which one or more of these components have been subject to Tampering. The Owner of any Non-Exempt Motor Vehicle which has been subject to Tampering must bring all components into compliance and have the vehicle inspected within the Inspection Period. c. A Certificate of Compliance may be issued by an Emissions Inspection Mechanic who personally has performed an Exhaust Emissions Inspection and found the Non-Exempt Motor Vehicle to be in full compliance with the Automotive Inspection Program or by an Emissions Repair Mechanic who has personally performed repairs and adjustments to a motor vehicle which bring such vehicle into full compliance with the Automotive Inspection Program or by the Board. D. No person shall represent himself or herself as an Emissions Inspection Mechanic unless he or she has a current license issued by the Board or is operating under a current contract with the Board. E. No person shall demand or collect a fee for the Exhaust Emissions Inspection of a Non- Exempt Motor Vehicle unless authorized by this Ordinan'ce. 1.9. ACQUISITION OF PROPERTY; CERTIFICATES PROPERTY OF BOARD A. The Board may acquire by purchase, donation, dedication, or other lawful means any special equipment, tools, materials or facilities needed to adequately administer, investigate or enforce the provisions of this Ordinance or the Rules and Regulations adopted pursuant hereto, provided, however, any acquisition made by the Board shall comply with all statutory requirements imposed upon the County of Ada for the purpose of receipt of property. B. All Certificates of Compliance are the property of the Board until such time as they are issued to properly inspected Motor Vehicles. 1.10. FALSIFICATION OF CERTIFICATES A. No person shall willfully make, issue, display, sell or possess any imitation, counterfeit, or alteration of a Certificate of Compliance. Such activities so constitute prima facie evidence of a violation of this Ordinance. 8. No person shall display upon nor carry within any Non-Exempt Motor Vehicle a Certificate of Compliance knowing it to be issued without compliance with this Ordinance. Such activities so constitute prima facie evidence of a violation of this Ordinance. 1.11. ENFORCEMENT Any Owner who fails to present a Non-Exempt Motor Vehicle for an Exhaust Emissions Inspection during the Inspection Period is in violation of this Ordinance and will be subject to a Board processing fee and any and all other enforcement mechanisms available through Idaho Code, this Ordinance, and other applicable municipal or county ordinances. Nothing in this Ordinance shall be construed to prevent the Board from requesting or utilizing any and all enforcement mechanisms granted by law. 1.12. PENALTIES Any person who violates any provision of this Ordinance shall be deemed guilty of an infraction and, upon judgment thereof, shall be subject to the penalties set forth in Idaho Infraction Rule 9(b)(Other Infractions). Failure to satisfy judgment as ordered by the Court pursuant to this Ordinance shall be deemed contempt of court punishable as a misdemeanor pursuant to Idaho Code 18-1801. 1.13. EFFECTIVE DATES This Ordinance shall be effective beginning on the date on which the Joint Powers Agreement is adopted and continuously thereafter unless and until rescinded by a majority vote of the [Board of Ada County Commissioners]. 1.14. SEVERABILITY If any Section, sentence, clause, word or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid or unenforceable by any court of competent jurisdiction, such shall not affect the validity and enforceability of the remaining portions of this Ordinance, all of which shall remain in full force and effect. ( ( MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16,1999 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 14A-1 REQUEST: GARY SMITH - JUS ENGINEERING AGREEMENT FOR WATER LINE PROJECT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: NAMPA MERIDIAN IRRIGATION: V iJ~ ((rf ~h' 6Jf~ 1 l ~ l ~ I 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. ( Memo To: Mayor & Cotmcif From: Gary D. Smith, PE CC: file Date: 02/12/99 Re: Engineering Agreement - Water System Expansion Gentlemen: Here is a proposed Agreement from JUS Engineers for preparation of design plans and construction documents for the Scope of Project as defined- on- page 1 and 2 of Attachment A to- the Agreement The estimated construction cost of the water system expansion is $940,500. Phase I of the expansion will proceed immediately to provJde an inter-tie of the water system on the south and north sides of 1-84 at Eagle Road. The engineering proposal is broken into "Jump sum" and "time and material" basis', depending on the engineering task, as shown on page 13 of Attachment A.. The City of Meridian will be responsible for construction observation as the facilities are construded. From the desk of... Gaty D. Smith, PE Meridian City Engineer Meridian Public Works Department 200 E. Carlton St., Suite 100 Meridian, Idaho 83642-2600 (2GB) 887-2211 Fax: (208) 887-1297 . Page 1 ~ ("" J-U-8 } ~ J./~-B ENGINEERS/--.nc. AGREEMENT FOR PROFESSIONAL SERVICES PHK EIl~n{'CN ~urveyo~ Planners DRAFT 12/07/98 J-U-B Project No.: 1151 0 THIS AGREEMENT entered into this _ day of December. 1998, between City of Meridian, Idaho hereinafter referred to as the -CLIENT- and J-U.B ENGINEERS, Inc., an Idaho corporation of Boise, Idaho, hereinafter referred to as - J-U-B M. WITNESSETH: WHEREAS, the CLIENT intends to complete water distribution improvements outlined in Attachment A, Part 1 ,hereinafter referred to as the PROJECT; NOW, THEREFORE, the CLIENT and J-U-B in consideration of their mutual covenants herein agree in respect as set forth below. CLIENT INFORMATION AND RESPONSIBiliTIES The CLIENT will provide to J-U-B all criteria and full information as to CLIENTs requirements for the Project, including design objectives and constraints, space, capacity ar:j performance requirements, ftexibility and expandability, and any budgetary limitations; and fumish copies of all design and construction standards which CLIENT will require to be included in the Drawings and Specifications. The CLIENT will furnish to J-U-B, as required for perfonnance of J-U~B 's services, data prepared by or services of others, if available. including, without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property descriptions; zoning, deed and other land use restrictions; and other special data or consultations as may be available, all of which J~U-B may use and rely upon in performing services under this Agreement. The CLIENT will arrange for access to and make all provisions for J-U-B to enter urx:>n public and private property as required for J-U-B to perform services under this Agreement. In addition, the CLIENT 'Hill furnish to J-U-B: As outlined in Attachment IIA". SERVICES TO BE PERFORMED BY J-U-B J-U-B will perform services outlined in Attachment llA". SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perlorm said services as fotlows: As outlined in Attachment IIAII. BASIS OF FEE AND BilliNG SCHEDULE The CLIENT will pay J-U-B for their services and reimbursable expenses as follows: As outlined in Attachment IIBII, File Folder Title MERIDIAN, CITY OF - 1999 Waterline Construction Proiect Remarks: The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: J-U-B: Phillip H. Krichbaum, P.E4' Project Manager City of Meridian NAME 200 E. Carlton Avenue I Suite 100 STREET Meridian 10 CITY STATE 83642 ZIP CODE 250 South Beechwood, Suite 201 STREET ~Boise 10 83709-0944 ~ STATE ZIP CODE ( . ~?U:~V-~ George L. Wagner, P.E. Vice President NAME TITLE BY (Signature) NAME TITLE DISTRIBUTION: White - J-U-B Corporate File Yellow - J-U-B Office File Pink - J-U-B Project File BY (Signature) NAME TITLE J -U-B -02 (- ( 12/07/98 A IT ACHMENT "A" AGREEMENT FOR CIVIL ENGINEERING SERVICES City of Meridian, Idaho 1999 Waterline Construction Project J-U-B ENGINEERS, Inc., Project No. 11510 SECTION 1 - PROJECT UNDERSTANDING Project Location Description 1.1 Phase I of the project will encompass the following improvements: A. Ustick Road Waterline Improvements I Description I Diameter Approx. tern No. (in) Length (ft) (*) 9 Linder Road - Clair Street to Ustick 12 1 ,550 9 Ustick Road - Linder to Tumble Creek Subdivision 12 1 , 130 9 Linder Road - Stubout north of Ustick 12 100 10 Ustick Road - New Reservoir, west to Linder Road 12 4,400 10 Ustick Road - Meridian Road Intersection 16/12 185 10 Ustick Road - Meridian Road east to Bedford Place 12 1 , 170 12 Ustick Road - West of Locust Grove Road 12 1 , 130 TOTAL 9,665 B. Eagle Road and 1-84 Interchange Crossing Item Description Diameter Approx. No. (*) (in) Length (ft) 17 )..84 crossing in the vicinity of Eagle Rd. to Overland Road Eagle Road to Gentry Way, to Allen Street 12 950 Freeway Drive to 1-84 Crossing 12 2,200 1..84 Boring and south to Overland Road 12 1 ,600 Overland Road west to Playground Subdivision 12 120 TOTAL 4,870 Attachment "A" - Page 1 12/07/98 1.2 Phase II of the project will encompass the following improvements: Item Description Diameter Approx. No. (*) (in) Length (ft) 1 Nola - Lanark to Franklin; and Franklin - Nola to Medimont 12 1 ,800 Subdivision 2 Northgate 6 350 3 W. Washington (4" to 6") 6 200 4 E. 5th ft Carlton (4" to 8") 8 700 ~ Stratford Watcrto'l/cr Lanc to Franklin ~ 85Q 6 Abandon main east of Water Tower 7 West Taylor - main connect and services 8 East Ada - lower main 6 330 11 North Meridian Road - North of Cherry Lane 12 860 13 Waltman Lane - Meridian Road to The Landing Subdivision 12 2,600 14 West Pine - Haven Cove to Ten Mile 10 2,000 15 Ten Mile - Pine Street to Parkside Creek Subdivision 12 700 16 Locust Grove - Wilson Lane to East Pine 12 850 TOTAL 10,390 (*) Denotes identification number listed in amended RFP project listing SECTION 2 - OWNER RESPONSIBiliTIES Client Information and Responsibilities: The following data and/ or services are to be provided by the OWNER without cost to the CONSULTANT. 2.1 Provide ongoing review of the CONSULTANT's work and timely consideration of policy issues within a time acceptable to both the OWNER and CONSULTANT. 2.2 Provide access to relevant record drawings, master plans, and other relevant information of record. Attachment "A" - Page 2 ( ( 12/07/98 2.3 Provide waterline sizing, valving, connection locations, and fire hydrant locations. Provide City water system standards and listing of acceptable manufacturers for major water system components such as fire hydrants, water meters, meter setters, valving, etc. 2.4 Assist in identifying buildings and dwellings requiring water service. 2.5 Pay for all permits, fees, or payments required to secure easements or permitting for construction of the proposed improvements. 2.6 Provide copies of all existing city easements in the project area that may be relevant to the project. 2.7 Mail a flyer to the adjoining landowners informing them of the project. 2.8 Pay for all costs associated with the acquisition of easements or permits required to construct the project. SECTION 3 - PRELIMINARY AND FINAL DESIGN Services to be Performed bv the CONSULTANT: The CONSULTANT shall furnish services specifically limited to the following: 3.1 Predesiszn A. The CONSULTANT shall attend a predesign meeting with the OWNER for the purposes of obtaining project information and to receive any general direction the OWNER may have with respect to proceeding with the project. Attachment "A" - Page 3 r' \ 12/07/98 B. CONSULTANT will prepare preliminary alignment alternatives and preliminary cost estimates for the 1-84 crossing. · Alignment options will be developed from available Ada County mapping, field review and input from the OWNER and affected agencies. · Initial screening of the alternatives will be performed with the OWNER and opinions of cost developed for the selected alternatives. Screening considerations are anticipated to include minimizing boring lengths and excavation depths, implementability, reliability, availability of easements, etc. To rank alternative alignments, a preliminary evaluation on the availability of easements will need to occur during this phase of the project. The CONSULTANT's work scope in conjunction with easement acquisition, is provided in a subsequent tasks under Section 6. · CONSULTANT will meet with OWNER to select a final alignment. 3.2 A~ency and Utility Coordination, Research, and Permittin~ A. The CONSULTANT shall schedule and coordinate a meeting with the Idaho Transportation Department (ITD) and Ada County Highway District (ACHD) to: · Establish acceptable waterline and boring corridors within the State and County rights-af-ways. Attachment (fA" - Page 4 12/07/98 . Determine if any road or structure improvements are anticipated in the foreseeable planning period. . Obtain pertinent design requirements and material specifications for proposed improvements. Obtain record drawings of improvements in the project vicinity. . Identify approval time required to complete the permitting process. CONSULTANT will prepare the necessary plans and exhibits and complete right-of-way utility permits for agency approval. B. The CONSULTANT will contact irrigation and drainage districts that may be affected by the proposed construction. License agreement applications will be prepared for submittal to the utility. c. The CONSULTANT shall contact and receive utility information from affected utilities including, but not limited to, gas, power, telephone, storm drainage, cable T.V., street lighting, traffic signals, irrigation, and other utilities which may be affected by the proposed construction. Utilities depicted on drawings as a result of this task will not be verified. Utility location must be verified during project construction. D. Coordination and the submittal of final construction plans and specifications to the Idaho Division of Environmental Quality, shall be performed by the CONSULTANT. Attachment "A" - Page 5 12/07/98 3.3. Monument, Record Map, Benchmark Research, RiQht-of-wav Research and Control The CONSULTANT shall research the Ada County Surveyor's records for survey monuments to aid in establishing horizontal control for the project. The CONSULTANTs previous horizontal control work completed for the OWNER, in the 1998 Sewer Planning Project, will be utilized to the maximum extent feasible. The horizontal coordinate system will be translated to a common point in the 1983 Ada County G.I.S. system. The CONSULTANT will locate in the field monuments of record that may be disrupted as a part of construction. The CONSULTANT shall reference these monuments on the Construction Plans provided to the OWNER. In addition, the CONSULTANT shall depict on the construction plans, other monuments, or land corners that have adequate evidence of existing. Vertical control shall be based on the 1988 NAVD datum elevation. Research will be performed to generally identify rights-af-ways. 3.4 TOD~raDhic Survey The CONSULTANT shall complete topographic surveys along the waterline routes. General limits of topographic survey are listed below: . Waterline routes will be bounded by the roadway rights-of-ways. Additional site survey may be required at the waterline connection points. . The 1-84 crossing topography limits will encompass a land strip area of 100 feet in width along the selected final waterline route. Additional field topography may be required to locate allowable construction staging areas and access points. The survey shalt locate all relevant features necessary for a proper design of the project. As a minimum, these items shalt include topography features such as fences, utility poles, surfacing, culverts, drainage structures, significant vegetation, sidewalks, curbs, gutters, driveways, utilities, Attachment H An - Page 6 12/07/98 edge of pavement, and shall also include a search for monuments of record, physical survey of monuments and property pins that are found. 3.5 Construction Survey Control The CONSULTANT shall set temporary benchmarks (T.B.M.s) and horizontal control points at intervals along the alignment of the project required for proper construction control. TBM's and horizontal control points shall be delineated on the final Construction Plans provided to the OWNER. 3.6 Desi'!n A. Bas;c Des;gn of Buried WaterUne AUgnments. The CONSULTANT shall be responsible for preparing the design in conformance with OWNER, and local agencies' policies including ACHD and lTD. CONSULTANT shall be responsible for design considerations such as traffic access, alternative boring technology evaluation, connection details, water service details, alignment to ensure compliance with separation from sewers and other known non potable lines or sources in conformance with the State Drinking Water Regulations, buried irrigation canal or drainage ditch crossing, and other items necessary for proper construction of the project. It is not anticipated or implied that this scope of services will include work to secure u.s. Army 404 permits for waterway crossings. If such permitting is required, an addendum of these engineering services will be required. B. Design of Aerial Crossing. Aerial crossings may be applicable for the existing 1-84, Eagle Road bridges, and where there are existing structures at waterways. This work will only be performed if this alternative(s) is selected in the predesign phase, and will require an addendum to this agreement. Attachment rrAu - Page 7 12/07/98 3.7 Desi'!n Draftin'! The CONSULTANT shall perform design drafting in an AutoCAD format Version 14.0, that can be converted to be compatible with the OWNER's current computer-aided drafting system (Version 13). The anticipated scale of the drawings shall be 1" = 50' horizontal. Profile sheets shall be developed for t~e 1-84 crossing and waterways crossings at a "I It = 5' vertical scale. All drawings will include Meridian Public Works title blocks, City water department standard notes, vicinity maps, sheet indexes, north arrows, and bar scales. The design drawings shall utilize the OWNER's standard symbols and shall identify pipe size and type, connections, valving, thrust blocking, fire hydrant locations, water meters and service connections to rights-af-ways, boring details, air vacuum and relief stations, surface repair required, property lines, found monuments and land corners, and other property corners where there is sufficient documentation of their existence, rights-of-ways, street names, elevation benchmarks, survey control, topographic features, utilities, pay limits, and any special details necessary for a high quality, well-defined biddable product. Where water main profiles are required, pipe slope, invert elevations, thrust blocking, and ground surface elevations will be depicted. The drafting shall be performed on a 2211 x 3411 vellum, ANSI standard size frO" sheets. 3.8 Specifications and Contract Documents Specifications and Contract Documents shall be in accordance with the proposed 1999 Edition of the Idaho Standard Public Works Construction (ISPWC) format and standard revisions thereof. The CONSULTANT shall be responsible for preparing special provisions necessary for the project and shall prepare the contract documents on a word processing system compatible with Microsoft Word, Windows 1995. Attachment NA" - Page 8 12/07/98 3.9 Plan Review Upon 90% completion of the plans and specifications, the CONSULTANT shall submit review sets of plans to all affected utilities, ITD, and ACHD and two sets for the OWNER'S final review and approval. 3.10 Final Revisions The CONSULTANT shall incorporate all appropriate revisions as suggested by the OWNER and the utilities in the final set of plans and specifications. 3.11 Ooinio" of Probable Construction Cost The CONSULTANT shall develop an issue to OWNER an opinion of probable construction cost for the construction project, and any bid alternatives. SECTION 4 - BID AND AWARD SERVICES 4.1 BiddinQ PublishinQ CONSULTANT will provide sets of the contract documents required for bidding purposes. Plans and contract documents will be distributed through CONSULTANTs Boise office. 4.2 Bid Administration CONSULTANT will provide bid administration services to coordinate the Bid process with the OWNER, prepare addenda, when necessary, during the Bid process to clarify bidding requirements, issue addenda, and assist in answering bidders' questions. Attachment frA" - Page 9 ( 12/07/98 4.3 Prebid Meetin'! CONSULTANT will attend and administer a prebid meeting with potential bidders and the OWNER. A written meeting summary shall be developed by the CONSULTANT, for possible incorporation into addenda. 4.4 Bid Openi"'! and Award CONSULTANT will conduct the bid opening, review bids, prepare a bid abstract, provide recommendation for contract award to OWNER, and prepare necessary contract documents to award the project. SECTION 5 - CONSTRUCTION SERVICES 5.1 Preconstruction Conference CONSULTANT will arrange and conduct a pre-construction conference for the project with the contractor, OWNER, ITD, ACHD, and affected utilities. 5.2 Construction Stakin'! Construction staking services will be performed. Horizontal and vertical construction control will be provided as required to construct the project. 5.3 Shop Drawin'l Review CONSULTANT will review and administer activities associated with shop drawing review of major materials and equipment. Attachment ffA" - Page 10 12/07/98 5.4 Construction Administration CONSULTANT will assist the OWNER with the applicable payment requests, review of construction permits, resolution and negotiation of change orders, substantial co~pletion, perform a final walk-through and other contract close-out procedures. 5.5 Construction Observation CONSULTANT will provide resident construction observation only when requested by the OWNER during the project to review the construction for general conformance with the plans and specifications, in-place quantities, and compliance with easement provisions. A construction log and photographs will be kept when the CONSULTANT is on site for the project. A copy of the construction log will be provided to the OWNER. The ENGINEER will make site visits as requested. 5.6 Monument Reolacement The CONSULTANT shall reference on the horizontal control map and tie down the location of all found monuments. If sectional monuments are disturbed during construction, the CONSULTANT shall replace said monuments to their referenced position and file a corner and filing record as required with the county. 5.7 Record Drawin~s J-U-B will perform field surveys and assemble construction data for preparation of project record drawings. Record documents will be distributed to the OWNER, DEQ, and affected agencies, if required. Attachment ff AU - Page 11 12/07/98 SECTION 6 - EASEMENTS 6. 1 Preliminary Easement Identification and Property Owner Contact The CONSULTANT shall meet with the property owners and determine property owner requirements and a suitable alignment for the easements associated with the 1-84 crossing. 6.2 Easement Appraisal. Descriotions and Exhibits The CONSULTANT shall have the land appraised by a qualified land appraisal company, acceptable to the OWNER, prepare the necessary easement legal descriptions and exhibits in the OWNER's standard format for the OWNER to secure the necessary right-af-way for construction and meet with the property owners to assist the OWNER in the final easement negotiations. 6.3 Draina'!e/lrri~ation Waterway CrossinQ L~al Descriotions The CONSULTANT shall also complete the necessary legal descriptions and exhibits for a License Agreement between the OWNER and the irrigation/drainage purveyor. Attachment "Au - Page 12 ( 12/07/98 SECTION 7 - FEE SCHEDULE Basis of Fee and Billin2 Schedule The OWNER shall pay CONSULTANT for its services and reimbursable expenses as follows: . Predesign Services Item 3.1, on a lump sum basis with a cost of .............................................................. $3,294 . Agency and Utility Coordination, Research, and Permitting Items 3.2, on a time and materials basis, with an estimated budget of ............................... $5,100 . Monument, Benchmark, and Right-af-Way Research, and Control Item 3.3, on a time and materials basis, with an estimated budget of ..............................$13,980 . Topographic Survey and Construction Control Items 3.4 through 3.5, on a time and materials basis, with an estimated budget ..................$29,066 . Final Design, Design Drafting, Specifications, and Contract Documents Items 3.6 through 3.11, on a lump sum basis with a cost of ...........................................$85,756 . Bid and Award Services Items 4.1 through 4.4, on a time and materials basis, with an estimated budget ................... $6,311 . Construction Services Items 5.1 through 5.7, on a time and materials basis, with an estimated budget ..................$23,306 . Easements Items 6.1 through 6.3, on a time and materials basis, with an estimated budget................... $4,364 The basis for calculation of fees is presented in Attachment rfB". F:\projects\ 1151 O\admin\meridian water attacha.doc Attachment "AU - Page 13 ~<C <(...... 1-0 ...... _S ~1SE ~E~ ...... :J . cnM ~ _ ut <'0 0 ~ aU ~.oo r- ::J tp cn.= o ~ ~~ :E2:N , :J M N(/)* Ciio .g~ 4).... u;;;: C <'00) ~r-; :::v cc.... 0* t;~~ c 4) . Outlot) u'O.... 0* eo ... z w ~ :I: () ~ ct c >-~o 4) o lot) 2: C . :J.c(O (/)0.... CP* I- III I- ,.... w ai ;; 00 -g ~ ~ n) 2: .q- ...J :J N w* Q;O 3~~ ug~ w* ....CP,.... .2~.- ~g~ w'" l- t) w -, o a: Q., Z o i= o :> II: ...... en Z o () w Z ~ a: w I- <( 3: 0) en al w Z I- <( <( c ~ a: ~ w en ~ ~ o ~ ~ :i <3 ~ ll)ex)ex)tO to 0) en to a:ia:icricri LOOOto In ex) ex) to -0> 0 0 41> CD to to co ,.... LO LO r--. .-NN.... * .,. .,. 41> ll) .... .... ll) to ci 0 ci lot) U') U') U') cicicici CD ~ a: ~ d. ~ :; o J: CP CP ~ g w X o ~~ 0.... j::Pi (.) w en .s E ~.s .... CP to .... : E E g: ~g:n~ oQl ~ t; ~ ~cooE 'C:JUC ~ c.. cp .Ql a.~~:;: c to CP o c C U .....- ~~~ = a. .a >-_ n) .... to - co c U) c o- w :~ lL Q) a: Q) lI) " .c 0. ~ai .""': M co r-.. o to ci C) c .~ CP ~ C .~ CD '0 CP a: N : ell .c Q. <i. C') N M~ '* LO It) cri LO LO o o o o o o LO CO; o LO N o (I) ...J <( .... o I- > <( c z <( ~ 1-' LOl.D (0 0 lOLO....V crioiai"": LOIllex),.... ~~~:; (OCD,........ r--. r--. .... LO 00~;;: tOC')coo I.t)COM~ a:i~ro,.... I.t)coa>,.... ~~~: ~~~~ ;:~~;; I.t) 1.0 NN cici lO LO ll) NNN dcici LOlO LO Ul.... Ul 00 ci 0 ci LO LO cid CJ Z ~ :! a: w a.. ~ =i (.) a: ~ en w a: ci a: o o o ~ ::; j:: :> *' >- 0- Z aJ ~ : <(if N Pi .g ~ ~ ~ ~~E~ ~88~ D?~o~~ ~~5~ :g an oS ~~ "5 -g g 8 CO'Z d g:CP w o~ ~ 0 ~~ OU t:4: <( U') N ci to U') dd ~g.~~ ~ 0: (C Oe c .... E .0 ro C .... :J oCP,E(/) :r~.s~ u CP 'C C <( OJ 0 oe -s <( ~ c o~ ~ ~ :0 cpCl>cQ; cp 0 m 0 :E~ou o~ ~ ~ .... c 0 g8 >- ~~ c :) ro o "0 lij C 09 ~ ~ N CD ~ ., .c 0. <t:alUQ 1.0 ci LO N ci 6 Lri' ~ o to ~ o o LO o to M N .... 1.0 o l.t) N o en ..J <( I- o I- >- <( o z <( :E o a: I- c Z Q) o E ~~g ~:Eg ~-g~ enro~~ ~ ~ oE E ~ ~ ~.S a:~~g ~Q)t:'(/) ~~~d wee ~...:......... ::> CP Cl) CP Z U) U) U) ~~&& M Pi ,.... o M *" 10,....0 NCOCO . . V (000 .... co ~~ '0- OtOO lOooO Nci~ M,....('") NV0 ;;~ VlOO a>Noo ....WV <(l')o '0- .,. a>....0 covo MON 0~~ N N.... VI c E :J g-e ~ c "0 a ~~ ." c ~ oe E a:: cp a. .c > 05 ~ ~ cr ro w CP";(/) ~ (; 0.. a::I{9 NNN tp CP Q) VI VI en ro cu cu .c..c.c. a. a.. 0.. ,.... o Ol ci * cO a> M ;;: O'l o o o o o l.t) ~ o o en ...J <t l- e I- >- <t c z <( :E LJ ( I .- ,.... ..... l.t) (0 .... O'l to tci~Pioi NooVa> ct)l.t)N.... Lri' to .. .. ...,. '000 O(ONCO ex) r--. 0) ,.... ~~~~ ;:~ l.t) r--. .... U'i .... .... 1.0 lO ~ci l.t) l.t) .- l.t) 00 ~ o II ~ ~ ~ g 2: cp a. c ~~~8 .2 ~ -ti ci. ~ ~~ ~ ~:;~~ g.c~~ ~~~ c > _ Vi 0 Oin :gQ.:> u.E~ ~~(j) -a:: ~ u t) ::> >- w ~I (J I Q., <( a: 0.... o CD a. lI) o~ 1-0. In ri ~ v ri in M ~ ...,. N Q) 1F) ~ .c. 0. ('")""'0) NLOO ri"':o l.t) ,.... C') tOoo..... ~~~ '0 .....0.... tOmO) "l~~ ~ .... N .... N M l.t) Ln ci ai ........1.0 ci ~ge 2:a.c :J a a (/)I-U o ~ . ~~E cu .c Q) ~ ~ ': a. m Q) a-en I-lL ~ ~ ~ '* 'in :> ~ (j) cD o en N '* CONN,.... Or--.(ON ui~ciN MOLnN ,....Oa>.... N <r-" to v- *0....0 '0 MCO,....O <O....vO ~~"l"l l.t) .... '0 '0 U') a:i N o o o o MNV,.... N l.t) r--. ~ o N o en ...J <( I- o I- > <( C z <t :E ~~~* U'J__Q) Q) Q) Cp .c OOO(/) -goZl-g~ cucncu~ c Cp .. tp ~ ~ og ~ 2a.~~ ~~g~ g ii: <-: ~ ~ .~ ~ c: :vJ5E~ C 00 C cu ~ ~ ~I~ ~ ~ ct o~ ~ "0 VI ..... ~ 60- l:C '0 -~ -: c Z~ CJ :; Uil:C W c.... ...J G) <: .. ~~ lLa.. m<( Pi u co v" ~ o o o o o <0 M o ::: o en ...J <t l- e I- >- <( o z <t :E .. Q) ~ e ~ -g ~ l:C '0 ~ -: 10 I~ l:C I I N : .c 0. l:C ~~ <(I- 1-0 I- NC'>('I')Ol ~NCO""Ol _"3~a:icDM ~~~~:::~~ ra15....NNOl.t) I-::l .*Cl>N0 (/)C'> ...". ~ IDCOOO(O -t;R:g~u; ~E8*Cl>tO .. I-~ .D U ..,. ..,. :J Q (/).: o ~ ~ ~ :E 2: " ~~~ iUo .g~ a:l- u; c coO'l ~~ ~"'" co.... 00 a;C'> en 2: N C <P . o en 10 U.o.... 0"'" CQ .... Z w ~ :x: o ~ <C ~ >-.- 0 <P 0 l.O 2: C . :J..c(O 000.... Q)* I- NC'>VO'l ('I') 10 I- ,.... W cri ;; ~o -ga:l~ CO 2: ~ ...J :J N wCl> C'j....<D..- a;o :S~~ u g~ w* ,2 ~ ~ ~ ~~ w* I- U w .., o a: Q. Z o ~ () => a: I- en Z o () w z ::i a: w l- e;( :: 0') O'l O'l e..!! .!!! ~ ~~~~: ~~d~ffi ~u~-g~ ~ ~ :; ~ i O~;;:50 ;e~'fl-g Q)= 4)(Q E~~~~ E~a.,:~ w c g: en ~ '0--0... ~ 0 : ~ u) ~..... e E c ~~<;'g~ cco~tt) E ~ c ~ .;: a; ~ g. ~~~n: I=.Q) o g' c ii i 0 I c g ~ W Z .... e;( <( 5 :E a: ~ w (I) :E W u.. > o ~ ~ ~ () :E ~ I o o o o o co v o ~ o en ..J ~ o ..... > c:( o z <{ :! 000lr-.,... OONtO('I') g' ci ari Lri or--.,..... U") 1D C"') co .. oCt> .. .. N C"').... o oQl)."" OlOOI.DN 00 LO CD en ,.........OtO *0"':"" ..". CD .... O'l U") I.t) l.O 'N o . o ~ - It) ~ Q) - C Q) Q) 0 ~ b5 ~ "E C)(OO4) (0 <P 4) C CO '0 ;-:: C .s E e 8 0.'00...'0 g.~-g~ ~i~~ ~~o:~ e<pa;)O g~ ~ ~ o a;) Q) a. ~;;;n:~ ~ ~ 0.. g.o... n: CJ z E ~ o z..- S2 :: en <<l W.c 00.. ,... M t-I~ ( o o N o o I.t) ,.... ci o o o en ...J ~ o t- > < o z <{ :! N : 10 .c 0.. OenON ....NWl.O cOciciari NOON ~~~~ '0 oCt> Cl> Va>"" 00 vl.OvN ...,.~~ ..,. en....oo,... to I.D ci~ o ~ - ~ en a: ~ ~ "~ -g~~g lQ 1tI <P C ~~~8 ~ -g a... '0 ~CQ-g~ a; CQ en o <P C ;-:: ~t5a:~ e~Q)O g: ~ i1 ~ o <p Q) a. .... :0 0:: ~ ~ ~ CL g.o... 0:: In ,.... at .. o o l.O N o o l.O ,.... ci o o o U) ..J <{ ..... o I- > <{ o z <{ ~ (I) .... Z w :! => () o o ..... o <{ a: I- Z o () c z c:( (I) Z o ~ e;( ~..- <3 : w 10 o...c t/)Q. ,.... M ,... l.O V""" ciOO ....0 vv ~~ ~~ <Cl> 41> ('I') .... en ~ C C o Q) "Z E "~ a ~ 0 ~o 0.- 00 0 - ~ lI:l - o C - 0 .2u ~ ~ I- CO a. Q) Q) :00:: a. Ct) 0:: N G ., 10 .c 0.. r-. U") V""" cieri -0 .q-q ~.. :;.. ~~ 41> ..,. C"').... ~ ~ .Q Q) ro E S g go ~~ ~ c ~8 o Q) Q) .... I- ~ Q) Q) ron: g- O:: o v o o o co o v o en ..... <( I- o I- > <( o z c:( :z (T) CD ~ ('1')....- vC>C> ci";"; lOl.OLt) N,.....,.... ...,....: .. ..,. ..,. OlVV ,.....lOLt) ...,. 1.0 Lt) ...,. 00 1.0.-.... c:i Q) en '" 0, C c: cg 0 0 'ti]!:!i CQ > > a.. Q) Q) ::~~ CD (Q to .- C C ~u::u:: a: CD.-N :0 CD Q) 0.. '" en Q) CQ lI:l .....c.c a.. a.. a.. t/) z o c;; :> w a: ...J c:( Z u: o z <t :: w :> w a: z 5 a.. o .... M ~ :::1 J--I ( ........ N ........ '" 10 Lt) NN cid to lO 00 o 10 ci en .... ~ o I- > <( o z <{ ~ CD l' cj o o o lO N .... (I) o () z o i= () => a: l- t/) Z o () W ...J a:I c:( QJ o a: Q. u.. o z o Z ii: o M 00 .... en ,..... cOai ON co lO 00 lOr-. lO <0 N_ ..,. ..". .... I.D ,.... o Lt) lO 'N o " o .... N Q) Q) VJ '" CQ co .c .c a.. a.. M f'1. .... ~ m - ~ ('I') :; o o ~ i= oct a: oct & g: z :5 ~ z Co:) tii ~ >' w > ~ ~ z " ffi o w a:: ~ .... w t5 => a::l o W .... oct :E .... rJ) w ~ ~ .... o o o I.D ~ .... o l.t) ,..... ci o en ...J <{ .... o .... > <( Q Z c:( ~ ~~ <I- 1-0 I- -.::; _"5 ~ S: E ",,Sr-- {!!.n~ ~M ~ _ '" (g 0 ~~~ I- :J Q) 00':- o ~ ~~ :!~N . :J ('I') ('\1m. .iD('I') 0~N C Q) , o ." to un""" O. co ~ Z w ~ :r: o ~ <( c: >-~o Q) 0 Il) ~ c ' :J ..: (0 in 0 ~ Vi Q) * I- lD I- r-- W ai ;; go -gQ)~ j~~ w* iDo 3~CW? ug~ w. .... Q) r-- .9~~ ~g~ w* .... o w .., o a: Q. Z o ~ o ::J a: t- (/) Z o o w z :::::i a: w t- ~ 0') 0') 0') w Z t- <( <( o ~ a: i= w U) :E W LL >- o ~ ~ ~ o :E -;0 .g~ Q)~ u;; c: (gO') E,..., '" ' ::~ a:l~ o. Q) <<i a: ~ a.. ~ :; o I Q) ~ a. E w X o a. 0. 4: ,~,~~~ ~~*~ ~~~ffi i~~i ~ffii ~ ~ :i~ CO '0 c: CO N ~ "C .::; C lD G 0:: Q) lit ., .r::: 0.. (/) W o :; a: w U) o a: <( ~ <( o z <( o m ~""'NMM ..t~~..t (OID~N o(O~o ai~"ci (')(0..-(7) ""'('\1 ~N......- ..** O')~NLO ~~&t),..., &t),...,('I')(') **** NLO ci N('I')~~ U)~~~ N ci ti c: 'c 8- o " m '0 c: G) :::: <( M cD .. l~, I ( NIl)(')Q)"ltO>(OtOr--~ ~lDO'>mr--v vtO oi"Ma)M"~~"":N OCONO~O')MMCON MLOvcocr)(Omo>r--1.O *M~""<<iM"..........*~ .* **** <0'> ,....NCDLt).....comcnr--o O'>(')(7)I.OCOCDOO"ltCO ..,.....cr)C"\I(').....tOcoN'It ..........~~**.,.. . .,. ..,. . o ('I') v U) C"\I ci Lt) ,.... N o o Lt)U) N o ,.... o ~~ .... ..... 1.0 N M LOLOLt)LO,.....CD ciC'!C'!ci 00 o (/) .oJ ~ o I- >- < o z < ~ ~ ,~ -~.~ !! ~ g g ~ .rel) e coi ~-E"E CO caW' G)cncna:OO~~'E.... 8c:c:g&&~.a~o C,,) :fl :fi '! Ii Ii 0 0 ~ 'E .~ E .s c c3 cS .~ ,~ -a. ~ ~~~ tirtitsoQ)D:: ~oog.-1i).s.5O::Q) ",oC,,)J:~Q)"'g)'E~ 5 I I (I) ~6-C: c: Q) a. 2.....('\1 ~~OOE~ a:::~ D::r;.~~Eo.. COa::J ~CU""'NO -gifif D:o.._~ ~~ 12 c: c: cu (U ,~ 'E E a: if _ "'0 <(<( C C o 0 nu .5.5 ~ ~ C,,)C,,) U) W () :; a: w U) Z o i= o :::> a: ..... en z o o lS)o-NNMC")VLDLl)f.Ol.D ..o..o..o..otr.iuiuittittitr.i .... N G) G) CI) U) CO CD .c:J: a.. a.. to ci U) ci LO N ci N ..., M M N -0 ~~8~ ~~g~ (0(01.0(0 ""4>~'" "d"r--Or-- (7)0'>00> ..... _ It) _ **~* It) " o to N ci N Ll) ci N ..... LO ci to ci LO N M LO N ci LO ~ - o en ~ o I- ~ o z <( ~ aJ :fi -61~ ~:g~:g U 8. _& 0 Q) ,_ - 5: ~eI)Ciia 6 :g .!!! 'C ,- ~ g It~~~ .t~i~ 'Og~~ a a ~.~ .~.~ w ~ ~G) 0 !EO >. -- m ~ ~ ~ :E~ .!! 5i: ~ ~w ~ U) 'Z CD CD W CJ) 'E =a en aJ c: .~ o .g Gi a: ~ z w :e w en tiS CQ-NNM c.Oc.Oc.Oc.O Ln N ci to ci LO ci to ('\I ci w M ~ .. 00 0) M ('I') .0'> o en w () :> a: w en z o i= () :J a: ~ en Z o () o z <( en .... z w :E w CI'J ~ ci a: <( ~ < ci ai ~ CJ C => co c w ~ ::E I- en w ...J ~ o .... 1l) ci o o Ln ci o en ~ o .... >- <( c z <( :E