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2006-01-03
CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 3, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird ~,_ Mayor Tammy de Weerd 2. 3. 4. 5. Pledge of Allegiance: ~j'i~i-on. Je~e~-~~ Community Invocation by Joe Anderson, with Cole Community Church: Adoption of the Agenda: ~/~7'yi° ~ Consent Agenda: A. Approve Minutes of December 13, 2005 City Pre-Council Meeting: ~~~~ B. Approve Minutes of December 13, 2005 City Council Regular Meeting: ~~~ C. Approve Minutes of December 20, 2005 City Council Regular Meeting: ~%~~ D. Findings of Fact and Conclusions of Law for Denial: AZ 05-048 Request for Annexation and Zoning of 14.81 acres from RUT to R-4 zone for McGee Proaerty by Martin Artis - 3086 South Mesa Way and 1252 East Victory Road: ~~~~'°,^c. E. Findings of Fact and Conclusions of Law for Denial: AZ 05-049 Request for Annexation and Zoning of 5.15 acres from RUT to R-4 zone for Carrington Property by Mark & Karen Carrington - 2955 South Locust Grove Road: ~/~-~~ Meridian City Council Meeting Agenda -January 3, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • F. Development Agreement: AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: G~ ~ G. Approve Beer and Wine Packaae Vendor Applications for Richard R. Davis dba Double D Home ~ Ranch at 3100 S. Meridian Road: ~~~- H. Approve Beer and Wine Packaae Vendor Applications for Kebob, LLC dba Tobacco Connections at 520 S. Meridian Road: ~~~ ~ Authorization to Procure Repair Services for WWTP Biosolids Land Application Truck: ~~~~ J. Contract for South Area Lift Station and Pipeline Project with CH2M Hill: ~j~r,, wc._ K. Award of Bid for Landing Lift Station Upgrade to Star Construction, LLC: ~~ -~.- L. Award of Bid for 2006 Ten Mile Relief Sewer Proiect to Bodiford Construction, Inc: ~j~~- M. Award of Bid for Bear Creek Chopper Puma / VFD Pre- purchase Proiect to WM H. Reilly and Co.: ~prsrvvLc~ N. Resolution No. ~~® ~~6 Adopting the National Incident Management System as the City of Meridian Standard for Incident Management and Response: ~t~~rrov~C~ O. Approve Sponsoring Idaho Community Development Block Grant Application for Meridian Senior Citizen Center: ~~~,,,~ P. Resolution No. ®~ = ~ : Amend the Text of the City of Meridian Comprehensive Plan• Providing for Downtown Meridian Design Guidelines as Set Forth in Chapter II, Article D, 11-2D-4: ~~~ ~ ~.u Q. Resolution No. ~~' ~ ~~ Approving Warranty Deeds from Bear Creek LLC and the Bear Creek Homeowners Association (Grantors) to the City of Meridian (Grantee) for Lot 29, Block 15 in the Bear Creek Subdivision No. 8 for a Public Pedestrian Pathway: w~~rnr-v Meridian City Council Meeting Agenda -January 3, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. R. Resolution No. ®'~®~~~ Approving an Extension of the Park Development and Impact Fee Reimbursement Aareement for the Construction of a City Park in the Champion Park Subdivision until June 1, 2006; Ratifying the Signature of the Mayor: ~/ ~v~c. S. Selection of Firms for Calendar year 2006 for Engineering Services for Miscellaneous Wastewater Projects: ~~,,•,.~ T. Americorp Youth Coordinator Aareement with Bud Henthorn: ~~ U. Approve Bills: u~~a~ 6. Department Reports: A. Development Service Division -Bruce Freckleton 1. Discussion and Direction for Contractor Registration Policv: ~;~,~~c ~~~~~,-,~ri.~,r,~~ B. Police Department -Chief Musser 1. Declaration of Recognition: ~~h'0~ ~ei~d7`~ 7. Items Moved from Consent Agenda: 8. Tabled from December 13, 2005: FP 05-073 Request for Final Plat approval for 11 residential building lots and 4 common area lots on 5.36 acres in a R-3 zone for EI Gato Subdivision by Conger Management Group - 701 Black Cat Road: ~, ~ ~.,~~,®~ 9. Tabled from December 20, 2005: FP 05-074 Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in a I-L zone for Weed and Pest Control Campus Subdivision by Ada County - south side of East Pine Avenue and west of Locust Grove: ~~ ~ /~~®_O~ 10. Public Hearing: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: ~~~ v~ ~,,;~, 11. Public Hearing: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: ~ ,,,1~ Meridian City Council Meeting Agenda -January 3, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 12. Public Hearing: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: ~~,~,~„~ ~,®~ 13. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Lv~~~v v-~ 14. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: ~~~ 15. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: r~~,~~ 16. Public Hearing: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast comer of N. Ten Mile Road and Chinden Boulevard: rrer~-~.®C ~aa.~t- ~ ~~~ 17. Public Hearing: PP 05-037 Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast comer of N. Ten Mile Road and Chinden Boulevard: ~~, ~~L~ P~ 2 ~~ 18. Public Hearing: CUP 05-039 Request for Conditional Use Permit for a Planned Development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast comer of N. Ten Mile Road and Chinden Boulevard: ~~ ,(~~~ ~ p~ ~ ~~ 19. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast comer of N. Ten Mile Road and Chinden Boulevard: ~~~ Meridian City Council Meeting Agenda -January 3, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 20. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: PP 05-037 Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast comer of N. Ten Mile Road and Chinden Boulevard: ~i~c~ 21. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: CUP 05-039 Request for Conditional Use Permit for a Planned Development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast corner of N. Ten Mile Road and Chinden Boulevard: Va.~a~t~ 22. Ordinance No. _ ®~ - l~®~ : AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: ~~,,~-~ 23. Ordinance No. ~~ ~2-~v AZ 05-043 Request for Annexation and Zoning of 11.7 acres from RUT to R-4 zone for Sunstone Subdivision by Benchmark Construction - 1155 and 1123 North Black Cat Road: ,t,~,,.~,v.4. 24. Swear in New City Council Member Seat # 2 -Joe Borton: 25. Swear in New City Council Member Seat # 4 -Keith Bird: 26. Presentations: ~'~°~'~,~.~s '~,yy,,ti...,ef~ Meridian City Council Meeting Agenda -January 3, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. P-~asz Pbs~ - ~v~t ~ G N c~ ct ~ha~cs ~ I CITE ®~ lE DIAl~T CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 3, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Joe Anderson, with Cole Community Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 13, 2005 City Pre-Council Meeting: B. Approve Minutes of December 13, 2005 City Council Regular Meeting: C• Approve Minutes of December 20, 2005 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Denial: AZ 05-048 Request for Annexation and Zoning of 14.81 acres from RUT to R-4 zone for McGee Pronerty by Martin Artis - 3086 South Mesa Way and 1252 East Victory Road: E. Findings of Fact and Conclusions of Law for Denial: AZ 05-049 Request for Annexation and Zoning of 5.15 acres from RUT to R-4 zone for Carrina~ton Property by Mark & Karen Carrington - 2955 South Locust Grove Road: Meridian City Council Meeting Agenda -January 3, 2006 Page 1 of 5 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I~ Development Agreement: and Zoning of 28.65 acres fr AZ 05-016 Request for Annexation om RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: G. Approve Beer and Wine Package Vendor Applications for Richard R. Davis dba Double D Home & Ranch at 3100 S. Meridian Road: H. Approve Beer and Wine Package Vendor Aaplications for Kebob, LLC dba Tobacco Connections at 520 S. Meridian Road: Authorization to Procure Repair Services for WWTP Biosolids Land Application Truck: J. Contract for South Area Lift Station and Pipeline Proiect with CH2M Hill: K. Award of Bid for Landing Lift Station Upgrade to Star Construction, LLC: L. Award of Bid for 2006 Ten Mile Relief Sewer Proiect to Bodiford Construction, Inc: M. Award of Bid for Bear Creek Chopper Pump / VFD Pre Purchase Proiect to WM H. Reilly and Co.: N. Resolution No. Adopting the National Incident Management Svstem as the City of Meridian Standard for Incident Management and Response: O. Approve Sponsoring Idaho Community Development Block Grant Application for Meridian Senior Citizen Center: P. Resolution No. Amend the Text of the City of Meridian Comprehensive Plan• Providing for Downtown Meridian Design Guidelines as Set Forth in Chapter II, Article D, 11-2D-4: Q. Resolution No. Approving Warrant' Deeds from Bear Creek LLC and the Bear Creek Homeowners Association (Grantors) to the City of Meridian (Grantee) for Lot 29, Block 15 in the Bear Creek Subdivision No. 8 for a Public Pedestrian Pathway: Meridian City Council Meeting Agenda -January 3, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. R. Resolution Rlo. Approving an Extension of the Park Development and Impact Fee Reimbursement Agreement for the Construction of a City Park to the Champion Park Subdivision until June 1, 2006; Ratifying the Signature of the Mayor: S. Selection of Firms for Calendar ear 2006 for Engineering Services for Miscellaneous Wastewater Projects: T. Americorp Youth Coordinator Agreement with Bud Henthorn: U. Approve Bills: 6. Department Reports: A. Development Service Division -Bruce Freckleton 1. Discussion and Direction for Contractor Registration Policv: B. Police Department -Chief Musser 1. Declaration of Recognition: 7. Items Moved from Consent Agenda: 8. Tabled from December 13, 2005: FP 05-073 Request for Final Plat approval for 11 residential building lots and 4 common area lots on 5.36 acres in a R-3 zone for EI Gato Subdivision by Conger Management Group - 701 Black Cat Road: 9. Tabled from December 20, 2005: FP 05-074 Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in a I-L zone for Weed and Pest Control Campus Subdivision by Ada County - south side of East Plne Avenue and west of Locust Grove: 10. Public Hearing: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: 11. Public Hearing: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Meridian City Council Meeting Agenda -January 3, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C~ 12. Public Hearing: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: 13. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: 14. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: 15. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: CUP OS-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: 16. Public Hearing: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast comer of N. Ten Mile Road and Chinden Boulevard: 17. Public Hearing: PP 05-037 Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast comer of N. Ten Mile Road and Chinden Boulevard: 18. Public Hearing: CUP 05-039 Request for Conditional Use Permit for a Planned Development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast comer of N. Ten Mile Road and Chinden Boulevard: 19. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast comer of N. Ten Mile Road and Chinden Boulevard: Meridian City Council Meeting Agenda -January 3, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • ! 20. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: PP 05-037 Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast corner of N. Ten Mile Road and Chinden Boulevard: 21. Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: CUP 05-039 Request for Conditional Use Permit for a Planned Development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast corner of N. Ten Mile Road and Chinden Boulevard: 22. Ordinance No. AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: 23. Ordinance No. AZ 05-043 Request for Annexation and Zoning of 11.7 acres from RUT to R-4 zone for Sunstone Subdivision by Benchmark Construction - 1155 and 1123 North Black Cat Road: 24. Swear in New City Council Member Seat # 2 -Joe Borton: 25. Swear in New City Council Member Seat # 4 -Keith Bird: 26. Presentations: Meridian City Council Meeting Agenda -January 3, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Meridian City Council Meeting January 3.2006 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, January 3, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree and Christine Donnell. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Bill Musser, Bruce Freckleton, Joe Silva, Joe Borton and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and get the meeting tonight started. Welcome. We appreciate you joining us tonight. tt is Tuesday, January 3rd, 2006. It is eight minutes after 7:00. 1 will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge of allegiance by Myron Severson. Ifi you will, please, all rise and join us in the pledge. {Pledge of allegiance recited.) Item 3: Community Invocation by Joe Anderson, with Cole Community Church: De Weerd: Thank you. We are very pleased to have OfFcer Severson back with us tonight and we will recognize that shortly. But thank you for leading us in the pledge. Item No. 3 is our community invocation by Joe Anderson with Coie Community Church. If you will, please, join us in the community invocation or take this as an opportunity for a moment of silence. Joe. Anderson: All glory and praise be to you, oh, God, IGng of our universe, Father of all. You have benevolently blessed us with every good thing, those which we see and recognize now and those that are hidden from our eyes, which you have given us, but we do not recognize. As we start this new year of 2000, what can we say but the biggest and best, the most spectacular and grand heart felt thank you. You have made us, love us, provide for us, and encourage us to be holy and gracious, loving and full of care and compassion. In truth, oh, that we could be more like you. We take this time to look back at the pas# year of 2005. We have celebrated; we have seen great wonders, Meridian City Council • January 3, 2006 Page 2 of 47 acts of incredible kindness, miracles, and joy unspeakable. We have seen hardship, disasters, war and hatred, hurt and despair, death and deep sorrow. But most importantly, as the old hymn says, through it all I have learned to trust in Jesus, I have learned to just in God. You shine above the events of the year in a brilliance which is awe inspiring and commands our greatest praise. David, the Psalmist, says test that the Lord is good. Blessed is the man who takes refuge in him. Fear the Lord you his saints, for those who fear him lack nothing. A lie can make weak and hungry, but those who seek the Lord lack no good thing. Now as we humbly come into this year may you watch over, guide, and protect our wonderful City of Meridian. May your strong hand of wisdom be on our Mayor Tammy de Weerd, our City Council members, and our city leaders. May you see that they protect our police, firefighters, and emergency personnel, and may the heart of encouragement be with our soldiers overseas and those at home who fight and have fought for our freedom. May we act in accordance to your purpose as we plan and act this year, as we conduct the business of our great city, and may we remember to rise above the business, the turmoil, the joys, and the stresses of the day, to see your hand gently touching us, richly blessing us with new life, renewed passion, and unsurpassed joy. Help us to pass this great blessing onto those we like and those we don't, to those who deserve it and those who are hard to love. May we see the blessing in being your blessing giver. Bless this session of your City Council and may this year be to your glory, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Joe. I appreciate you joining us tonight. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We will start in our Consent Agenda we have resolution numbers 05-496, 05-497, 05-498, 05-499. On the regular agenda Item No. 8 has been asked to be tabled until January 24th, 2006. Item No. 9 has been asked to be tabled to January 10th, 2006. Also on our regular agenda we will have ordinances 05-1209 and 05-1210. And with that I move that we accept the agenda as noted. Rountree: Second. De Weerd: Okay. Thank you, Mr. Bird. You have heard a motion to approve the adoption of the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: Meridian City Council • January 3, 2006 Page 3 of 47 A. Approve Minutes of December 13, 2005 City Pre-Council Meeting: B. Approve Minutes of December 13, 2005 City Council Regular Meeting: C. Approve Minutes of December 20, 2005 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Denial: AZ 05- 048 Request for Annexation and Zoning of 14.81 acres from RUT to R-4 zone for McGee Property by Martin Artis - 3086 South Mesa Way and 1252 East Victory Road: E. Findings of Fact and Conclusions of Law for Denial: AZ 05- 049 Request for Annexation and Zoning of 5.15 acres from RUT to R-4 zone for Carrington Property by Mark & Karen Carrington - 2955 South Locust Grove Road: F. Development Agreement: AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: G. Approve Beer and Wine Package Vendor Applications for Richard R. Davis dba Double D Home ~ Ranch at 3100 S. Meridian Road: H. Approve Beer and Wine Package Vendor Applications for Kebob, LLC dba Tobacco Connections at 520 S. Meridian Road: I. Authorization to Procure Repair Services for WWTP Biosolids Land Application Truck: J. Contract for South Area Lift Station and Pipeline Project with CH2M Hill: K. Award of Bid for Landing Lift Station Upgrade to Star Construction, LLC: L. Award of Bid for 2006 Ten Mile Relief Sewer Proiect to Bodiford Construction, Inc: M. Award of Bid for Bear Creek Chopper Puma / VFD Pre- purchase Proiect to WM H. Reilly and Co.: Meridian City Council • • January 3, 2006 Page 4 of 47 N. Resolution No. 05-496 Adopting the National Incident Management System as the City of Meridian Standard for Incident Management and Response: O. Approve Sponsoring Idaho Community Development Block Grant Application for Meridian Senior Citizen Center: P. Resolution No. 05-497 :Amend the Text of the Citv of Meridian Comprehensive Plan; Providing for Downtown Meridian Design Guidelines as Set Forth in Chapter II, Article D, 11-2D-4: Q. Resolution No. 0598 Approving Warranty Deeds from Bear Creek LLC and the Bear Creek Homeowners Association (Grantors) to the City of Meridian (Grantee) for Lot 29, Block 15 in the Bear Creek Subdivision No. 8 for a Public Pedestrian Pathway: R. Resolution No. 05-499 Approving an Extension of the Park Development and Impact Fee Reimbursement Agreement for_the Construction of a City Park in the Champion Park Subdivision until June 1, 2006; Ratifying the Signature of the Mayor: S. Selection of Firms for Calendar year 2006 for Engineering Services for Miscellaneous Wastewater Projects: T. Americorp Youth Coordinator Agreement with Bud Henthorn: U. Approve Bills: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approved the Consent Agenda as published and that would include Item No. N, which is Resolution 05-496, Item P, which is 05 -- Resolution No. 05-497. Q, which is Resolution No. 05-498. and R, which is Resolution No. 05-499. And for the Mayor to sign and the Clerk to attest on all proper articles. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. Is there any discussion? Hearing none, Mr. Berg, will you, please, call roll? Meridian City Council January 3, 2006 Page 5 of 47 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Development Service Division -Bruce Freckleton 1. Discussion and Direction for Contractor Registration Policv. De Weerd: Thank you. Item 6, Department Reports. We will start with Mr. Freckleton. Freckleton: Good evening. Hopefully, you have the memo that we prepared regarding contractor registration in your packets and just make this very brief. I'll stand for any questions you might have. I did include a recommendation. I would just ask that if it is your pleasure to pass this recommendation, that you could possibly make it effective immediately, and with that I will stand for questions. De Weerd: Council, do you have any questions? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Bruce, who is going to be responsible for the contract registration enforcement? Freckleton: Madam Mayor, Councilman Bird, the enforcement responsibility is not with the local government; it is with the state licensing board. Bird: And what -- follow up, please? De Weerd: Uh-huh. Bird: And what are the penalties, if any? Freckleton: The statute does have -- I believe it's misdemeanor penalties. I think there is a fine up to a 2,000 dollar fine. Bird: And what is this -- what does this license guarantee the consumer? Freckleton: Councilman Bird, first of all, it is not a license, it is a registration. Contractors are required to register with the state. The contractor, as part of his registration, has to prove workmen's compensation insurance. He has to prove that he has liability insurance. By not registering, probably the most important point is that the Meridian City Council • • January 3, 2006 Page 6 of 47 contractor waives his right to lien. So, if he is not paid for the work he completes, he waives his lien rights. So, for the consumer I think that, you know, most contractors that are playing above board are going to be -- are going to be registered, they are going to have the proper insurance, you know, the -- I believe our consumers, the homeowners, are better protected in that regard. Bird: What's the difference between this and the public works license? Freckleton: Councilman Bird, our city engineer said that the public works license just covers water and sewer lines. Bird: That's not right. Public works covers everything. Subcontractors and everything and you have it by the size of your jobs that you want to do. Your list. I don't have no problem. I really have problems with how it's going to be enforced and I think it's a false sense of security out there, because there is nothing to say that a contractor can't walk in today with his liability insurance and his bond and 30 days from now not be -- not have it still. I have no problem with it, but I think it's something that needs to be stronger. But that's not at the local level. Freckleton: That's correct. De Weerd: And, Councilman Bird, I think when the legislation was introduced, the intent was to come back and strengthen it. It was introductory and it was kind of the first step of starting to do something a lot different and this, I believe, was a compromise to get the ball rolling. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Bruce, as I understand it, the staffs recommending that permits be issued only to those contractors who have registered, provide a number, or those that can provide proof of a waiver, which, under the legislation I understand is any job under 2,000 dollars; is that correct? Freckleton: Madam Mayor, Councilman Wardle, there is a pretty good list of things that qualify for exemption. 2,000 dollars -- if the work is under 2,000 dollars, certainly it's exempt. Also, a homeowner doing work on his own home, if he lives in the home longer than 12 months he's exempt. I believe there is some exemptions for nonprofit work as well. So, there is several in list that, you know, would qualify for the exemption. Wardle: Madam Mayor, follow up? De Weerd: Yes. Meridian City Council January 3, 2006 Page 7 of 47 Wardle: Bruce, my only question is, are those exceptions clear enough that at the staff level you can make that determination? Your department can make that determination? Freckleton: Councilman Wardle, a contractor simply just needs to tell us that he is exempt. The way that the statutes are written, it is not the responsibility of the local government to decide whether his exempt qualifies or not. Wardle: Okay. Thank you. Freckleton: That's the state licensing board's responsibility. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I just want to -- if the Council wanted to consider, one of the things you may decide in this issue is if you want us to have an ordinance directed to this particular subject, we could certainly do that. The statute right now, as it's drafted, gives the authority to the building department and the Council to make this decision as a policy choice of not issuing licenses unless they can show the exemption. If you want to us to supplement that with an ordinance, we can certainly do that, only to provide, I guess, better teeth for the building department, so that they are not just going to rely on the direction you have given them tonight, if that's what you choose to do, but they can actually point to an ordinance that's passed by this Council that says we aren't going to issue licenses and we are going to comply with what the state law requirements are for the City of Meridian. If you want to do that, you can give us that direction and we will prepare an ordinance and bring it back to Council here in a few weeks. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: The question I have for Mr. Nary is that the statute says we can't issue a permit without, essentially, being shown that a contractor has a permit or says they are exempt. So, is there really a need for an ordinance and what does that get us? Nary: Well, Madam Mayor, Councilmember Rountree, you're exactly right, the statute says the city shall not issue a permit unless they can give us a number or claim an exemption. It also has no penalty for the city if they choose not to do that. There is some disparity among the local cities here and that was prompted by an article that was in the paper a couple of months ago, where some of the cities are still trying to address how do they address that -- that sort of loophole that exists where the city is not obligated to do any investigation. If they claim an exemption, that's all they have to do. We can stand by the state law, if we choose to do that. Some cities -- and in this particular article Nampa had indicated they were going to grant a grace period, although they didn't indicated how long that period might be, that they were going to grant a Meridian City Council ~ • January 3, 2006 Page 8 of 47 grace period and not even ask and just direct contractors to the state during the interim. The penalty is on the contractor who operates without it. But the ordinance, if you want to do that, simply gives teeth to the building department that they are just complying with the state statute that has no teeth to it, but, really, our own ordinance that really would. But that's certainly your call. You're not -- don't have to do that. I think based on the way the statute's written, we can enforce the statute based on the direction you give us tonight and we are good. De Weerd: Well -- and I do believe that the communication we have had from the Association of Idaho Cities, they have suggested that the cities consider and adopt an ordinance and that would certainly help the staff. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: My preference would be to have it as a policy, like these guys do, at least at this point for the -- and to see how it's going to go, because if I read the statute right, the contractors can't file liens and if they can't file liens, maybe they will get these registrations. So, I think it just should be a policy that we adhere to for however long. And I think you need to start immediately. There is no sense of having a grace period. These guys have had a grace period. De Weerd: They have had six months, so that is a lot of grace. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I support what Councilman Bird just said in terms of a policy. If what you said previously is correct, that this is kind of an interim statute, that there is more to come, we can direct staff to implement state statute from a policy level and they can work at that level and, then, hopefully, from what they learn we can assist in future drafting of a statute that might further clarify it and at that point in time when it becomes finalized, we can implement an ordinance. Bird: Was that a motion? Rountree: And I will move as such, if that's what you need. Bird: I'll second it. De Weerd: So, the motion is to approve the policy that has been brought by staff and I guess, Council, what I would ask is if we have any issues of enforcement or as we go down this road, that we might be back with a recommendation for perhaps pursuing the ordinance to support that. Okay. Is there any discussion? Meridian City Council ~ • January 3, 2006 Page 9 of 47 Wardle: Is that effective immediately? Rountree: Yes. De Weerd: Thank you. Thank you for that clarification. I will ask for roll call attendance on this. Donnell: Attendance? De Weerd: I mean roll call vote. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. B. Police Department -Chief Musser 1, Declaration of Recognition: De Weerd: It's a good thing someone pays attention to what I say. Thank you, Mr. Rountree. Okay. Item 6-B. Chief. Musser: Madam Mayor, Members of the Council, I asked for some time this evening. Also provided a declaration to you, Madam Mayor, to be read in recognition of, number one, Myron Severson, chief warrant officer for -- with the United States Marine Corps, who is a detective, and soon to be rejoining our department tomorrow morning again and he's back from his active duty service in Iraq with the Fourth Marine Battalion and Charlie Company here in Boise. So, I specifically wanted to be able to recognize Myron for his service to his country at this point and welcome him back. And, additionally, we have a family member as well, Calvin Haines, who is a staff sergeant the 116th Calvary Brigade, who was also serving in Iraq and his wife Joy Haines, is one of our record specialists over at the Meridian Police Department. So, we kind of feel like the family is back together again, so to speak. We have two of our key folks back home and gave them a lot of support and we just wanted to recognize them and welcome them home this evening. And I believe the clerk did present you with a proclamation of sorts. De Weerd: Yes. Which I will read and I will ask that Detective Severson and Staff Sergeant Calvin Haines would, please, join me in the front. In recognition of our reserve and guard employees and family members, whereas the National Guard and Reserves are essential to the strength of our nation and the well-being of our community, and whereas it has been the tradition of patriotic men and women to voluntarily serve in honorable and vital professions in the military through the National Guard and Reserves and whereas we have had a member of the City of Meridian and family members of our employees willingly step up to serve our nation in a time of need and whereas these courageous men and women have now returned from service to our country and Meridian City Council • • January 3, 2006 Page 10 of 47 community and it is time to thank them, therefore, the City of Meridian does so express its sincere appreciation and commends all the members of our returning service personnel and family members from the 116th Armored Calvary Brigade and Charlie Company of the Fourth Marine Tank Battalion, for their service and sacrifice and particularly the City of Meridian wishes to thank CW04 Myron Severson, Marine Corps reserve for his service and welcomes him back to work with the Meridian Police Department where he served as a detective -- and, you know, this is the human part of me and, I'm sorry, it's just me. So, you have to take it -- additional thanks and welcomes are extended to Staff Sergeant Calvin Haines from the Idaho Army National Guard, as Joy Haines, a Meridian police department employee, and all other City of Meridian family members that are not able to be present. We have appreciate you being here with us tonight and welcome home. Musser: And to kind of round out where we are at with this, I do have a police department certificate of appreciation for their military service that we are presenting. Both the Mayor and I have signed on this. Have one for Calvin. And I just discovered it has a small error on it. Okay. This one states for service in the Marine Corps Reserve. So, I think my secretary missed on that. You get to be an honorary Marine Corps -- and, then, also for Myron as well. Thank you very much. A big welcome back. Looking forward to having you back in the ranks with us. Thank you. De Weerd: Thank you. Musser: And Calvin's son also is in the audience with us tonight. We have Adam Haines here carrying on the tradition and currently assigned to school down in Monterey at this point, aren't you? Thank you as well. De Weerd: Thank you. Thank you both. And your families. Well, we are very proud to be a participant in the employer supporting of our Guard and Reserves and we appreciate their service to our communities and to our nation. So, thank you. And thank you for tolerating my human moments. I know. It's embarrassing. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. We had no items moved from the Consent Agenda. Item 8: Tabled from December 13, 2005: FP 05-073 Request for Final Plat approval for 11 residential building lots and 4 common area lots on 5.36 acres in a R-3 zone for EI Gato Subdivision by Conger Management Group - 701 Black Cat Road: Item 9: Tabled from December 20, 2005: FP 05-074 Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in a I-L zone for Weed and Pest Control Campus Subdivision by Ada County - south side of East Pine Avenue and west of Locust Grove: Meridian City Council January 3, 2006 Page 11 of 47 De Weerd: Items 8 and 9 have been requested to be tabled and I do not believe that we need a motion to table these two items once again. Nary: Madam Mayor, no, I think you have done that when you approved the agenda with those specific dates in mind. Item 10: Public Hearing: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Item 11: Public Hearing: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Item 12: Public Hearing: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Item 13: Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Item 14: Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Item 15: Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: De Weerd: Okay. Okay. Then, I will go ahead and move, then, to Items 10, 11, 12, 13, 14 and 15. I will open those public hearings and they are certainly for specific discussion and I will start the discussion with Anna. Canning: Madam Mayor, Members of the Council, these items are before you on reconsideration, so what I would like to do is just briefly go over the highlights of the development, because it has been some time and I did provide you an outline of the discussion. Meridian City Council ~ • January 3, 2006 Page 12 of 47 De Weerd: A brief overview would be appreciated. Canning: Yes. And as soon as I can get working here -- there we go. Madam Mayor, this is a -- and Members of the Council, this is Banff Subdivision. This is a request for 16 single family residential lots and five common lots in a proposed R-8 zone, with a planned development. As you can see, the properties to the north and to the south have not yet been annexed, but they have been annexed to the east and the west. This just shows how the original preliminary plat fits on the site. Please note the property to the north. I will be discussing it more. It's 65 feet wide all the way along the north boundary. This is -- you're going to see a lot of site plans and I do want to point out this is the site plan that the applicant is currently requesting. So, this is the 16 lots. This would be an open space lot. And, then, this larger lot is to accommodate the existing home. The planned development request is for reduced lot size, reduced lot frontage, and interior side setbacks. The lot sizes range from 4,000 square feet to 5,400 square feet. And, then, the house with the existing home is nearly 18,000 square feet. Has a density of 5.5 units per acre. Did want to point out that it's fairly uncommon to see an entry or a side setback request of three feet, which is what they have requested for non- living space to non-living space. So, like between garages you would have six foot separation. The main amenity is a seating area with a picnic structure located toward the front of the project. And the applicant is also proposing a pathway connection to the elementary school. Another topic of discussion was that Linder Road is the only access to these 700 homes. There is an emergency access proposed that would connect up to Waltman, but at this time it is the only access. Okay. The next thing I would like to do is to clarify. I think that Council was a little unclear as to what staff was objecting to as far as the property to the north. So, 65 feet to the north. I think there was a perception that staff was -- wanted this -- or was insisting that this property also include that 65 feet and that was never the case. What I had always advocated for was that this development consider that property to the north, just like we make every other property that comes in consider its surrounding -- the constraints of the surrounding properties. And what I did quickly on Friday, when -- you got to remember, this is a government employee working on a Friday afternoon at 4:00 o'clock before New Year's holiday, and I came up with five alternatives at varying lot sizes, that all would accommodate future development. Now, let me point out where the -- the 65 foot parcel is this one right here. So, it would be accommodated through common drives. Here is one at R-8 standards, 4,000 square foot minimum, 15 lots. Here is one at R-8 standards, 6,000 square foot minimum, 12 lots. On this one this is the 65 foot. Here is one, 5,000 square foot minimum, 14 lots. Again, it just accommodates future redevelopment and that's all that staff has asked for on this. This is R-4 standards, 8,000 square foot minimum. You get ten lots. And this is R-2 standards, 12,000 square foot minimum lot size. You get six lots. So, on all of these it accommodates future redevelopment. I am extremely concerned on this project that we are forever going to have a 65 foot weed patch to the north of this if the current proposal is approved. The applicant has provided elevations. We'd like to point out this one has a single car garage. The planned development request did not ask for a reduction in the two car requirement, so this is the only one shown with a two car garage. So, this would be the more likely elevation. This one also includes just a single car garage. The Planning and Zoning Commission did Meridian City Council ~ • January 3, 2006 Page 13 of 47 recommend denial of all the applications. The key issues of discussion are there before you. I'll briefly go through it. High density of the site. Size of the lots in relation to surrounding properties. The Linder Road access. Lack of fire protection. Future problems for annexation and development of adjacent properties. Lack of public road access to the parcel north of the site. The key Commission changes to staffs recommendation was that they did add a finding that the project is premature for development in the general vicinity, until such time as Linder Road overpass is operational and nearby undersized parcels have a development plan. With that I will end staffs presentation. De Weerd: Thank you, Anna. Any questions for staff? Mr. Nary? Nary: Madam Mayor, I just wanted to make it clear for the Council, you have six items in front of you, because Items 13,14, and 15 was your denial that you had originally decided upon. The other three are the actual active application, because you had allowed this reconsideration to hear this matter. If you choose to reconsider it and change your decision, then, we will have to take up 13, 14, and 15 and deal with those. If you choose not to go away from your denial, you have those in front of you, you can approve them. So, you have the option to do either. De Weerd: Thank you. Okay. If there is no questions, is the applicant here? If you will, please, state your name and address for the record. McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber. I'm a little bit surprised. Anna's alternates are very new. This is the first time I have seen them and it would have been nice to see those a little bit ahead of time, but let's go ahead and address where we are at and how we got to this point and, then, I'll go ahead and address the comments that Anna had tonight. It's been a long road getting to you. We have had three neighborhood meetings, an individual meeting with a neighbor concerning a boundary dispute. We have had two Planning and Zoning Commission hearings. The first one was a -- they were undecided as to what to do. They asked us to go back and hold another neighborhood meeting. Then, the second hearing we had a split decision. It was atwo-three vote and it was a surprise to a couple of members of the Commission. Came back to you guys at your first hearing. It was a split vote, atwo-one split decision. Councilman Rountree was absent that night. So, he's had a chance, I'm sure, to review the minutes and so a few weeks ago we asked for reconsideration. That's why we are here tonight. We, actually, have what we think is a good project for this site. We have a piece of property that's basically three acres in size. You can leave it right there, Anna. Thanks. It's three acres in size. It's on what will be a major traffic corridor in the future. Linder Road will be expanded to five lanes in the future. We have a school site directly to the west of us, so we have density on a major arterial. We have density next to a school, a school that has capacity. As you remember from our last discussion, in meeting with Eric Exline and the rest of the school district, they said that this school is actually operating under capacity. It's one of the only schools in the City of Meridian that is actually operating in that manner. And so we have provided the density in an area on the Comprehensive Meridian City Council ~ • January 3, 2006 Page 14 of 47 Plan that calls out for medium density, three to five units per acre. This comes out to 5.3 dwelling units per acre. Three acres, 16 units, just basically 5.3. It falls in the low end of the medium density. It doesn't fall towards the high end of that. I wouldn't ask for reconsideration if I didn't think this was a good project. We are asking for something that's a little bit different in the City of Meridian. Right now the City of Meridian caters almost exclusively to family oriented development. There is not a whole lot for people trying to down size and there is also not a lot of opportunity anymore for first-time home buyers to purchase a home. One of the ways that you can do that is to provide a high amenity home on a smaller lot. And so we are providing a diversity in the housing product in the City of Meridian. At the last City Council meeting there was a lot of discussion, as Anna pointed out, as to the access to Linder. I think it was Mayor de Weerd who suggested that possibly in the future, if the Hiath property to the south was to redevelop in the future to connect this stub street, that we could block this off in the future and we are agreeable to that. We would be more than happy to block that off in the future, to allow access only to be taken from Waltman just down below to the south. Anna, if you can go to the aerial? Just one up from here. Go one more, so we don't have the -- there we go. A lot of discussion was held at that time concerning the access out here. That access has been secured by the city and they are still working on getting that completed. So, there will be an exterior exit for this piece of property. Some of the things that Anna brought up that kind of surprised me. She said a few things. One of the things that surprised me was the lack of fire protection. I have met with Joe Silva, have met with the city a number of times, and fire protection has never been a major concern for that. One of the problems that we had with the staff report is that there were no comments made from any of the other agencies. The only agency's comments that were provided in the staff report were those from your Planning and Zoning staff. All the other agencies that are requested for those comments were omitted by Planning and Zoning staff in the staff report. So, we don't have the opportunity and have not yet had the opportunity to review comments from the Public Works Department or the Fire Department. So, those are comments that are new to us at this time. If we can go to Anna's rendering. I just kind of want to look at those one more time and to take a look at them just a little bit. As you remember, this little skinny piece of property to the north -- and we discussed this last time. That skinny piece of property to the north was part of the listing package with this piece of property. When this piece of property was offered for sale that has been purchased here, this was part of that same listing package. They listed them together. When a full price offer was made, they backed out and said they did not want to be a part of it. We have made subsequent offers to them. They have said they do not want to participate. So, at this point we have got a piece of property that we have no ability to develop. So, if we can go to Anna's drawings and take a look at those really quick. Canning: Madam Mayor, the intent was never to redesign the project for the applicant, just to show that they could accommodate future redevelopment of that parcel. McKinnon: Okay. If that's the case, Anna, let's go ahead and -- you showed them to the Council. I can go ahead and ignore them, too, if that's the case. So, if we can go back. We met with staff after the hearing -- between our public -- our first Planning and Meridian City Council ~ • January 3, 2006 Page 15 of 47 Zoning meeting and they brought up these comments concerning how we are going to redevelop the 66 foot wide piece of property. We went to your staff and your staff, Joe Guenther, said you need to redesign this area. As Anna pointed out in the original drawing, came in and just basically did a dog leg this direction and ignored up to here. Joe Guenther asked us to provide this in this manner, so we could provide cross-access in the future, two lots at this location. In addition to that, we have provided an access right here off of the main road to provide an access to the piece of property here and to the existing home that in the future they won't have to take access off of Linder Road. That's at the recommendation of staff. And we did take into consideration how that piece of property would develop in the future. We have made several runs at attempting to purchase that property. We don't have the ability to purchase it, nor do we have the ability to develop it. A lot of the alternatives Anna showed you were lots that included that land as part of our project. You don't develop a piece of property showing part of a development and, then, in the future when you can buy it, when they are willing to sell it to you, then, develop it. It makes it a little bit hard to do that. I recognize it was a Friday afternoon and they may not be the most wonderful drawings in the world, but alternative one you see lots one through five, that's all the 66-foot wide lots. We can't plan for something that we don't own. Next alternative. Canning: That's not quite true, Dave. It would be up to the north there. So, those are all separate lots up there. I didn't number anything that wasn't your property. McKinnon: Okay. This is, actually, kind of an interesting drawing here. If we were to develop in this manner -- this is a real interesting drawing, actually. We considered this before in how we would do this. These lots would have to take access off of a full street width. We'd have to -- typically, as you know, development works, you develop a half plus 12. You only develop your portion of the roadway and the other property owner would develop the other portion. Sixty-six feet wide, if you put 24 feet of asphalt in here you do six more feet of asphalt on the property to the north, so you take out six feet from the 66 feet and, then, you take out five more feet for the sidewalk and, then, you take out another two feet for right of way -- so, basically, you're taking out 14 feet out of a 66 foot wide piece just for road and right of way improvements, which make this almost un-developable in the future if you don't provide an access that's not on a public road. So, that's the reason why we didn't go that direction with it. If we can go to alternative three, Anna. Again, the access is common drives all the way to the back. No street frontage to this, somewhat similar to the lots that you were showing before. In addition to that, you don't see a consideration for the existing structure in these. We do have the existing structure that we have to consider and so the additional comments here are something else. Alternative four. Again, the existing house will take up Lots 8 and 9. It doesn't accommodate the road coming in. And this also is requiring access to be taken off of Linder Road in the future. De Weerd: Mr. McKinnon? McKinnon: Uh-huh. Meridian City Council January 3, 2006 Page 16 of 47 De Weerd: Again, these were just illustrations for the Council to show that there are different considerations and to give some consideration to a parcel that we would potentially be land locking. So, I don't think it's necessary to go through and critique each one. McKinnon: Okay. Well, with that -- don't need to critique each -- De Weerd: Unless Council would like to -- McKinnon: We have had the opportunity to redesign this and redesign this and we have looked at a number of different options and the first option when we made the offer to purchase this property included both of these pieces and it was very similar to the design we have now, except we would have had more depth with the lots and it would have been easier to design around. What we have tried to do is work with the property to the north, to provide access to them at both the east end and the west end of this property. We feel like that's what we can do for this property owner at that time. If they are not willing to sell to us, we cannot design their property at this time and it's decided that we cannot do that, but we can provide access for them at two locations for future development and that's all you can ask of somebody to provide is a stub street to provide the future development. I'm really happy that you guys have given us the opportunity to ask for reconsideration. We feel that this is a good project and it does provide the types of things that your Comprehensive Plan asks for, a diversity in housing, density in locations that are appropriate near high transportation corridors and near schools. We don't believe this will be a burden to the city. We agree with your comment, Mayor de Weerd that we could block off access to Linder Road, again, reducing the access points onto Linder Road in the future. Ask at this time if you have any questions of us and ask for your reconsideration at this time. De Weerd: Mr. McKinnon, I guess I would ask if you were to block off access at a later date, how would you do that and who would be the enforcer to make sure that that did happen and who would pay to make it happen? McKinnon: It can be handled in a couple of different directions. One, if we block off this access point, we would have to block it off to still allow emergency vehicle access and one way you can do this -- there is a couple of different ways that you can do that. You can use the breakaway bollards, you can use the spikes, that I, actually, don't think would be the best idea to use here, or you could use a gate with a knocks box for fire access. That way you would be able to get them in and out of this site. You also have the opportunity right now to put a note on the plat that says in the future when the stub street connection is made here, that this access will be blocked off in the future and money can be set aside at this time to provide for that in the future into the homeowners association fund for that to happen. De Weerd: And who would be responsible for doing the work if the development is complete and you have gone away? Who would be responsible for that? Meridian Ciry Council January 3, 2006 Page 17 of 47 McKinnon: Put it into the CC&Rs and make it the homeowners association responsibility. We don't know when this property to the south is going to develop. As you remember, the owner said that if his mom knew that her property would be subdivided in the future, she'd probably drop dead right away I think is what he said. De Weerd: Okay. Council, any questions for the applicant? Donnell: No. De Weerd: Okay. Thank you. McKinnon: Thank you, Mayor, Members of the Council. De Weerd: Is there any additional testimony on this application? Okay. Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I think I will go first, because I think I was the one -- aye or nay or -- I can't remember which way we were voting, but for whatever purpose, I was the one that voted for the project, we will put it that- way. And there were a couple of reasons -- and I have thought a lot about this since we took public testimony on it before and one of the things that I had asked staff was why this wasn't considered in-fill and it's because, of course, the property on either side of it is not annexed and developed, as you can see by the aerial. And in my thinking, as I reviewed that in my mind, it was -- it's obvious to me that it will be a matter of time before, in fact, it will be developed and particularly if she finds out her property might sometime be developed. But Iwould -- I think it's a good development. Iwould agree with Mr. McKinnon that it's -- it's the kind of housing that we have little of in this city. I think it looks like a good development. I think they have addressed the issues about the access off of Linder Road and while I appreciate Anna's efforts to go out on a Friday and take a look at some alternatives, I also think that Mr. McKinnon should have been informed of those alternatives or those had been shared with him prior to that and that that shouldn't have just come out tonight in this meeting for us to look at, anymore than it should have for the developer to look at. So, I'm, once again, going to say that I'm very much in favor of this development. I think that it does provide a need that the city has and so for one of my last motions, I would move that we would approve this development and, Mr. Nary, before I make that motion, do I need to -- tell me, again, what my options are for this and, then, I'll give the other Council members an opportunity to -- De Weerd: We would still need to close the Public Hearing. Donnell: Oh, close the Public Hearing. Can I do that now? Bird: Sure. Meridian City Council • January 3, 2006 Page 18 of 47 Nary: Madam Mayor? Donnell: It's a good thing that -- Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I guess -- I mean, certainly, if the Council wants to close the Public Hearing -- if you have more discussion about that, I would recommend you have all of your discussion before you close the Public Hearing, in case there are alternatives that you want to explore. If you don't have any other options, that's fine. The only other comment I would want to add -- and the Mayor was sort of tracking on that in her questions to Mr. McKinnon. If the Council wants to consider closing that street in the future, I'm not sure mechanically how we would accomplish that. CC&Rs can be amended by the homeowners association. I'm not sure how we would bond for that action at some point in the future which might be a year or five or ten -- I mean I don't know how we would maintain a letter of credit or a bond to actually effect that in the future. Certainly, you folks can make that decision. I don't know that you want to have 16 lots angry at you in the future when their street suddenly goes away, if someone is going to make it go away, but if that's a consideration that the Council wants to consider, my only caution is that I'm not sure how we could effectively actually create such a mechanism to close that street in the future, since we won't have one property to deal with, but you're going to be dealing with 16 of them. So, you may not want to close that. So, if that's your consideration, you may want to rethink that. But if that's not what you're going to base your decision on, it won't make any difference. Donnell: Madam Mayor, just a follow up. De Weerd: Mrs. Donnell. Donnell: Mr. Nary, would that not, in fact, be a decision that, in the future, would be made by ACHD, since that's their road? Nary: The closing of it would -- could be an ACHD -- you can place a condition to close it. You cannot allow access onto the roadway. If ACRD will grant you access to the roadway -- so, you can make that a condition. My only concern is if you're making this condition based on some other future event, then, we wouldn't have, necessarily, an enforcement mechanism to actually do it if it's beyond a year from now. De Weerd: Council, is there any additional discussion -- and I appreciate Mr. Nary tracking whatever it was I was trying to -- I guess, you know, as you further consider some of the options of limiting access onto Linder, it also, again, raises the point that we are really constrained in that area as far as circulation with the traffic. Certainly we have made some progress with the property owners off of Waltman to give us an emergency Meridian City Council ~ • January 3, 2006 Page 19 of 47 lane, so we have a lot of access onto Linder and Linder is the only way people can get out and that has been a concern of former Councils and it continues to be a concern. If you look at that area around it, it's all one acre lots to the south. I don't know how those will redevelop, but certainly until Linder has a few more options to get traffic circulating in there, it is quite a challenge. Any further comments before we close the Public Hearing? I would consider a motion, then. Mrs. Donnell, do you want to close the Public Hearing? Donnell: Yes, indeed, I would. I'd like to make a motion to close the Public Hearing. Bird: Which ones? Ten, 11 and 12? Donnell: Yes. Item No. 10, Item No. 11, and Item No. 12. De Weerd: Okay. Do I have a second? Bird: I will second it. De Weerd: Motion is to close the public hearings on Items 10, 11, and 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Donnell: And Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: I would like to make a motion that we approve Banff Subdivision, which would be Items No. 13, 14 and 15. And to require consideration for a change in -- or some requirement by the developer to put into place a requirement to the homeowners association that knowledge to anybody who purchases that land -- am I going to go anywhere? It's a good thing this is my last night. That anyone who purchases will be informed that that road at some point may be closed and they would have access out on Waltman Lane. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. I would need a second before we have discussion. Bird: Oh. I don't want to second all three of them. Can we -- I think we need to do them one at a time. Donnell: Do one at a time? Meridian City Council January 3, 2006 Page 20 of 47 De Weerd: Would the motion maker consider just limiting it to -- Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, just to assist Councilmember Donnell, 13, 14 and 15 are the findings for denial. Donnell: Yes. Thank you very much. Nary: So, you don't have Findings for approval in front of you. So, if that's your -- if you want to approve the project, your only motion would be to bring Findings back for approval, because it was denied at the Planning and Zoning level and denied by you. So, that's the only Findings you have currently. So, we would just need particular direction, if that's the Council's desire, to approve it as to what the basis for that is and, then, we will prepare Findings based on that. Donnell: At least this Council person's request is that I would make a motion on No. 10 on the annexation, that we would -- since that -- okay. I'm sorry, Mr. Nary. If this was an approval to deny, we are rescinding the denial? Nary: Madam Mayor, Councilmember Donnell, we are taking 10, 11 and 12. If the Council's desire is to move to approve for annexation or change the plat or change the CUP requirements, we can do all that. If that's -- once those are done -- Donnell: In one motion? Nary: We can do it in one or more. I mean it depends on what you'd like to do. Once those are accomplished, then, the denial is now mute, all we would do is move to rescind 13, 14 and 15. Donnell: Thank you very much. Nary: So, we will get to those. But you can do just the annexation or the whole thing, however you want to do it. Donnell: All right. De Weerd: It has been suggested by another Councilmember to do it -- Item 10 alone. Bird: One at a time, please. De Weerd: Just to clarify that. Donnell: Thank you very much. Madam Mayor? Meridian City Council • January 3, 2006 Page 21 of 47 De Weerd: Mrs. Donnell. Donnell: Let's start again. I'd like to make a motion that we approve Item No.10, request for annexation for Banff Subdivision, requiring that -- do I have to add the -- Nary: Direct staff to prepare Findings of approval. Donnell: Thank you. Bird: Findings of Fact and Conclusions of Law and Decision of Order. Donnell: Thank you. Bird: I would second it. De Weerd: Okay. So, the motion is to approve Item No. 10 and, Mr. Nary, if Mrs. Donnell had wanted to add the additional condition about the closing of Linder, would that not be appropriate in the annexation? Nary: It would be appropriate while -- the problem is Mr. McKinnon recommended on the plat, but the county engineer probably won't accept a plat note like that, so we probably can't put it on the plat. So, we could only maybe do it in a development agreement. That might be the only mechanism we may have at annexation is to make note of that, that at some point in the future that's going to occur and that would be in the Findings. That could be in the findings for annexation. I don't know -- I guess a development agreement wasn't recommended, unless Mrs. Canning has a different preference. We could put that in the Findings for annexation. Bird: Would you -- a development agreement? Donnell: Yes. And that we would include a development agreement in that motion. Bird: I would second that. De Weerd: And that development agreement would address the closing of Linder? Donnell: Of Linder Road. De Weerd: Okay. Is that enough clarification for Council? Okay. I hope you all understand this motion. Mr. Berg. Rountree: Discussion? De Weerd: Any discussion? I'm sorry. Meridian City Council January 3, 2006 Page 22 of 47 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I was absent at the last hearing on this, but having heard this evening and read the record, I don't see substantive change in this application from previous applications, so I probably will not be supporting the motion and for our future Councilman's knowledge, this won't be the last time he hears this from me, is that I'm not in this big of hurry to annex property into the City of Meridian and annex future problems. So, that's been my position and that will continue to be my position. Until these things are clear and clean, Meridian has the option of not annexing or annexing at this point and once a property is annexed, our ability to deal with future problems are limited. De Weerd: Thank you, Mr. Rountree. Any other comments? Discussion? Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, nay; Wardle, nay; Donnell, yea. MOTION FAILED: ONE AYES. THREE NAYS. Donnell: You didn't even have to break a tie. De Weerd: I still feel absolute, then. Okay. The motion on Item 10 has failed. Do I have another motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we deny PP -- oh, well, we don't even need to do that. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: What you can do in one motion, if you wish, Council, is you can move to deny Items 11 and 12 and, then, subsequently, move to approve Items 13, 14 and 15. You already have the Findings for denial of this project in front of you. So, you can do that by a motion on 11 and 12 and, then, approve 13, 14 and 15 and you don't have to see this again. Bird: Madam Mayor? Canning: Ten, 11 and 12. Meridian City Council January 3, 2006 Page 23 of 47 De Weerd: I'm sorry, just a minute, Mr. Bird. So, on Item 10 that motion failed. We do not need a new motion? Nary: I'm sorry. You're correct, Madam Mayor. You would still need a motion to deny. You don't have to ask for Findings. You're right. I'm sorry. That would -- you can do all of them together, 10, 11 and 12, and, then, you can approve the Findings that are in front of you for denial that are 13, 14 and 15. De Weerd: Okay. Thank you. Nary: So, thank you for clarifying that. Rountree: In one motion? Bird: I'm not doing it in one motion. Donnell: I'm not. De Weerd: Okay. I would entertain a motion on Item 10 or Items 10 through 12, whatever your preference would be. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the denial of AZ 05-033, Banff Subdivision. Rountree: Second. De Weerd: Okay. The motion is to deny Item No. 10. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Thank you. Item 11. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve denial of PP 05-032, Banff Subdivision. Rountree: Second. Meridian City Council • January 3, 2006 Page 24 of 47 De Weerd: Okay. The motion is to deny Item 11. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 12. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we -- we deny CUP 05-036 for Banff Subdivision. Rountree: Second. De Weerd: Okay. Motion to deny Item 12. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Thank you. Okay. In front of you now are the Findings of Facts and Conclusions of Law for the denials of AZ 05-033, PP 05-032, and CUP 05-036. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move we approve the Findings of Facts and Conclusions of Law for denial for AZ 05-033. Rountree: Second. De Weerd: Okay. The motion is to approve the Findings of Fact on Item 13. If there is no discussion, Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 14. Bird: Madam Mayor? Meridian City Council ~ • January 3, 2006 Page 25 of 47 De Weerd: Mr. Bird. Bird: I move we approve the Findings of Facts and Conclusions of Law for denial on PP 05-032. Rountree: Second. De Weerd: Okay. Motion to deny -- or approve the Findings on Item 14. Sorry. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Mr. Bird, Item 15. Bird: Madam Mayor, I move that we approve the Findings of Facts and Conclusions of Law of denial of CUP 05-036, Banff Subdivision. Rountree: Second. De Weerd: Okay. Motion is to approve the denial. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 16: Public Hearing: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast corner of N. Ten Mile Road and Chinden Boulevard: Item 17: Public Hearing: PP 05-037 Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast corner of N. Ten Mile Road and Chinden Boulevard: Item 18: Public Hearing: CUP 05-039 Request for Conditional Use Permit for a Planned Development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast corner of N. Ten Mile Road and Chinden Boulevard: Item 19: Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Meridian City Council January 3, 2006 Page 26 of 47 Development, LLC -southeast corner of N. Ten Mile Road and Chinden Boulevard: Item 20: Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: PP 05-037 Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast corner of N. Ten Mile Road and Chinden Boulevard: Item 21: Tabled from December 6, 2005: Findings of Fact and Conclusions of Law for Denial: CUP 05-039 Request for Conditional Use Permit for a Planned Development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast corner of N. Ten Mile Road and Chinden Boulevard: De Weerd: Thank you. Okay. Items 16, 17, and 18 are public hearings on AZ 05-038 - Rountree: Madam Mayor? De Weerd: Yes. I'm sorry. I will recuse you. Rountree: I need to be recused. De Weerd: Recuse and reclused, and excused. Rountree: Excused. De Weerd: Okay. I will open the public hearings on Items 16 through 18, AZ 05-038, PP 05-037, and CUP 05-039. We will open with staff comments. Canning: Madam Mayor, again, I will try and go through this quickly, Madam Mayor and Members of the Council. Excuse me. This is Irvine Subdivision. It's on the southeast corner of Ten Mile and Chinden. They are proposing annexation and zoning, preliminary plat, and conditional use permit. Boy, those blue lines don't read very well, do they? One of the things I wanted to provide you tonight is a little better idea of the plat activity that has gone on in this general area. I think that this is the vicinity map you have seen before and although it shows development here, it looks as if there is not much going on in the -- to the west and north, but I did want to point out this is Bainbridge Subdivision. You can see it here in the blue. At the intersection this property was left out of the subdivision, although we do anticipate that that will come in fairly shortly. They were waiting for the North Meridian Comprehensive Plan, so that they could bring in some more commercial uses on that property. You will soon see an annexation request and conceptual plan for the property on the north side of Chinden. Meridian City Council January 3, 2006 Page 27 of 47 You can see the final -- the lots that have been final platted are in red here, so you see Silverleaf, you see Lochsa, Verona and this is -- Hero Park is the large un-platted -- or large property there. And, then, here is where the Volterra Subdivision that was recently before you. So, to the north there is golf course development, Spur Wing, and we have been talking to them. They are looking to do some additional development here. So, I just wanted to point out that there was a comment made about this rural area and I did want to point out that there have been alot -- there has been a lot of development approved for this general vicinity. The applicant is requesting amix -- I'm going to go to the color one -- mix of units. Basically, on the perimeter he's proposed single family lots. That would be 97 single family detached lots and, then, there are 41 single family attached lots. Those are -- face these common areas. And, then, there are 62 detached alley lots. So, those would be in these locations and, then, down here off the alleys. And, then, there are 21 other common lots on 38.5 acres. The planned development request includes reductions to the minimum lot size, minimum street frontage, side setback, front setback, and maximum block length of the R-8 zone. The amenities included a pathway, swimming pool, clubhouse area and, then, quite a bit of usable open space that's central to the project. The gross residential density is 5.19 dwelling units per acre. They have provided some elevations. These elevations are for the lots that face the common open space. They are, basically, a townhouse that's made to look like a single house. You will see the four separate entrances that would go to the common open space. Here is another elevation. So, again, those would be facing this large common open space here and, then, the smaller common open space here. And these gray areas are designated parking areas for those townhouse lots. There was a suggestion by staff that a development agreement would be appropriate and that would have the -- some design guidelines, basically, for the non-residential buildings, including the community center and the clubhouse, tying the applicant to the architectural renderings for the attached buildings that I just showed to you, and, then, entering in an agreement with ITD regarding construction of the pathway along Chinden. The Planning and Zoning Commission has recommended approval of this project at their October 20th, 2005, hearing. Key issues of discussions were fencing adjacent to open spaces, highways, streets, micro-paths, and canals. The future design and layout of Chinden Boulevard and the landscape buffer adjoining that. The -- how the project would receive sewer from Silverleaf, instead of waiting for a future trunk line. And, then, designing the subdivision in relation to Chinden Boulevard, the traffic, and the upcoming roadway projects in this area. At the previous hearing I did want to remind you -- I went through the minutes, there was discussion about -- and testimony from Mr. Stevenson and the applicant had committed at the last hearing to extending this stub street to the property, so it could be redeveloped in the future and, then, there would be a sewer and water stub in that street connection. Almost blinded a young child with my laser pointer there. Sorry. And with that I will end staffs presentation. De Weerd: Okay. Thank you. Any questions for staff? Bird: Not at this time, Mayor. Meridian City Council January 3, 2006 Page 28 of 47 De Weerd: Anna, have you talked with SSC? I guess there is an issue with one of these alley loaded -- Canning: Madam Mayor, I talked with SSC recently about alleys. They are having difficulty on the 12 foot alleys similar to this one. That's true. And what they need is a 28 inside turning radius and a 48 outside turning radius. So, we may have to work the applicant on these two lots. This issue came up after the last hearing. These would be -- I think he's proposing 20-foot paved, actually, instead of -- the problem where they are having them is the 12-foot alleys. So, these -- these are significantly wider. These are 20 foot alleys. Paved 20 feet. De Weerd: Okay. Thank you. So, you anticipated what my question was. Thank you. Okay. Is the applicant here? If you will, please, state your name and address for the record. Amar: Yes, I will. My name is Kevin Amar. My address is 2364 South Titanium in Meridian. I appreciate your time this evening and your consideration on this project. At the previous hearing for this project my comments were brief and I'm going to try to lengthen those for this hearing and give a better description of this project and I will play off of also what Anna has said about this area and about the future growth for this area. So, as we look at the Comprehensive Plan, which I understand is also going through a change. There is a new proposed North Meridian Comprehensive Plan that has actually been recommended for approval by the Planning and Zoning Commission and will be before you shortly. So, as we look at the Comprehensive Plan, this whole north Meridian area is dynamic and I understand that. It is changing. It is going and using the major transportation corridors that are going to be there or are there, that being McDermott, Ten Mile, and Chinden or Highway 20-26. All of that comes into play. So, as we look at the Comprehensive Plan and the goals -- and I will go over this to explain to you how we got to where we are today. The purpose of the Comprehensive Plan -- and this is in Objective D where it says encourage compatible uses to minimize conflicts, it actually calls it -- it says in number seven: Develop incentives for high density development along major transportation corridors to support transportation system. This is along ahighway -- this is along a major transportation corridor. Or, actually, two of them. And although we are not proposing a high density development, we are proposing a medium density development; this is one of the factors that was created as we worked with staff to get to where we are today. In this particular project, like most of our projects, we have no issues with the staff report and we have worked really hard from the beginning with Anna and with all parties involved to have a project that when we get to you there is no outstanding issues, other than ones that we may be discussing this evening. Also, on the residential portion of the Comprehensive Plan, it's to provide a variety of housing types, and under the medium density, which this is under medium density designation under the new North Meridian Plan, is to allow smaller lots for residential purposes within city limits. Now, one of the problems I think with this project we talked about rural area and I have lived in Meridian for years this is certainly in my mind still should be rural. I mean I hunted pheasants out here as a kid, I did all sort of -- there was nothing out here. This is where we went out and -- maybe I Meridian City Council January 3, 2006 Page 29 of 47 shouldn't say this on the public record and I apologize in advance, but this is where we went out and raced cars as kids and did all sorts of stuff that I'm sure that the police officers are going to talk to me about afterwards and I will hear about it. But this is an area that is changing. It is an area that is not rural. In fact, most of the Treasure Valley anymore has -- it's urban and it's becoming more and more urban. And as we look at this site particularly, we have Chinden, we have Ten Mile, two miles down, obviously, we have McDermott, which is a major north-south corridor. We have got a large area here that will be proposed or will be commercial down at the corner, which is a mile away. We have got another three -- four corners, actually, that are going to have a majority of commercial. And, then, at the corner of Linder and Chinden also there is three of the four corners there that are proposed for commercial and two of them are actually big box commercial. So, the demand in this area and the nature of this area is no longer rural. My point is, to get to that, what we are proposing -- although we have small lot sizes, we are not looking at a development that that triggers in a lot of people's minds. The style of home in this area -- Anna, could you go to the color map? I'm going to hand out three different -- I, actually, have some more pictures and you can pass them down. So, this first set of pictures is the lots on the perimeter, as well as this block on the interior there, the standard single family detached house with a front load garage, trying or maintaining compatibility with all of the surrounding neighbors. We have spoke with Mike Meyers on numerous occasions and he is -- he is acceptable to our proposal and has no issues with it whatsoever. His only concern was fencing, which we have agreed to and we are putting up a vinyl fence at his request along our entire eastern boundary. In fact, the entire boundary will have a vinyl fence. So, that is -- De Weerd: Excuse me, Kevin. I will ask that staff put this up, so -- Amar: Sure. De Weerd: -- people in the audience can see what you're talking about. Amar: I'll go through this -- actually, three more times, as we will break down each different area. So, that is the perimeter and that's the 97 lots that we spoke about. All single family detached homes. The next group of homes that I will hand out -- these next group of homes -- De Weerd: Okay. Perhaps we can quickly show your first group of homes and as you go into your second group of homes we will just have Anna put them up. Amar: So, this first picture that's up is in the wrong group. It's, actually, part of the second group of homes, but -- okay. So, here you can see some single family detached homes. There is an area for a three car garage and we have designed some lots for that, as well as two car garages. In no case are we asking for any reduction to the building -- building styles or the requirements. Again, some more examples with different architectural relief. And these are -- I intentionally tried to take pictures of new homes. So, we would look at what they would look like immediately, not in five years or ten years, because the landscaping gets bigger in five or ten years and everything looks Meridian City Council January 3, 2006 Page 30 of 47 better with big trees. So, what we have is what we are proposing and, in fact, will be building for this project. De Weerd: Okay. So, this is the second group here, Kevin? Amar: Correct. So, the second group of homes we can talk -- and it will encourage a lot of the front porches that you see here. This one, in particular, does not, but we encourage front porches that will be street side facing. There are no garages on the street side. These are all the alley-loaded lots. Again, you can see some front porches and a variety of housing types and styles. All being compatible and consistent with what -- so, here is a picture of the streetscape as you look down at a very clean, crisp look. They also include in the detached or what I call the village portion of the subdivision, a planter strip and a detached sidewalk for that with trees and an upgraded look for that. And, Anna, if you want to go back to the map, I can point out to where that would be in this project. So, those -- the style that we just looked at would be in this block. These three blocks. This block, this block, and that block. So, all of them that are not fronting on common area. So, the portion that is fronting on common area think is where we really deviate from what I call the norm in Meridian. We have seen a lot of the single family detached and we have seen the alley-loaded lots, but we are trying to do something a little different and this is where I look for discussion from Council as to what their thoughts are maybe this is where the hang up is. Obviously, our ultimate goal is to provide something that will be attractive for the city and you folks get to make that decision. So, this third style of home -- these are -- these are color renderings of some of the pictures that you saw before, so it gives a little different perspective. This is one of them. As you can see, it has four separate entrances. They are all -- they are all single family homes. They all can be bought and sold individually and all of them will have garages, again, on the back side, so there is not a -- the parking is not a problem. Each of them will have the parking. Again, another option with the variation in color and building materials. You can see siding on a portion of it and brick on another portion. And, then, again, a third option. And these are conceptual plans of what we plan on seeing in that area. There may be a slight variation in the actual construction, but as part of the development agreement we are to build what we are showing you or similar to what we are showing you. This last group actually shows a project in Eagle where the homes face onto common lots. So, all the access is off the alley. But as you look at it -- I think the next one probably shows a better perspective, Anna. So, as you look at it, this is all common area and the homes - - the homes front onto that. And that's what we anticipate for the interior most section of the project. We want that look where you have got big yards, although it will be maintained and owned by the homeowners association. Again, another perspective within the -- for the MEW -- I think Anna's calling them the MEW lots. If we can go back to the map again. And I can also go over some of the architectural guidelines that we have. Oh. So, the map -- the last one she's putting up is, actually, the clubhouse or a typical clubhouse rendering. As you can see, it looks more like a home than a clubhouse. And that will actually be built in the first phase of development so there is not people waiting and hoping and -- hoping that the developer will do or won't do what he says he is. And it's not just a bathroom for the pool, it will actually be a clubhouse Meridian City Council • January 3, 2006 Page 31 of 47 with a gathering area and a conference area and a variety of things. So, this development is certainly more of an upscale development than what, typically, this density might be thought of. So, if we can go back now -- sorry. Thanks, Anna. So, as we look at that, that last -- obviously, the clubhouse is in this area and it's got ample parking with this. That last group of homes would be this area surrounding the clubhouse and also this area in here. And the draw for that is, again, the larger common space, people that still want to live next to a large area, yet don't want to maintain a yard. So, it has a variety of housing types and housing styles. The architectural requirements are something that is always a concern. So, on all the homes that will be built in here, as I said, the clubhouse and the pool will be built with the first phase. It's not going to be a later thing. So, your amenities are going to be there instantly and won't need to be waited on. All of the front house lights for each unit will be controlled by a photo cell, so it's a bright feel, more of a neighborhood feel than dark alleys with just lights on the -- on the streetlights. The upgraded roofing material with the architectural composition shingles. Roof pitches are to be a minimum of a 6-12 pitch, so it feels a little bigger. And, then, we have got -- the homes actually need to be constructed with masonite and no vinyl siding will be allowed and they will be able to use stucco and brick and rock and cultured stone and things of that nature. So, everything in here is getting bigger and better and that's what people are going to demand. And, then, of course, the landscaping will be required at the time the home is constructed for the front yard and in a single family detached the yard can be done within six months, as well as all detached homes, I guess, but the attached housing will all be required to be completed -- the landscaping will all be required to be completed at the time the home is built and prior to occupancy. Obviously, during weather months it will adjust a little bit. So, when we went to Planning and Zoning Commission, a lot of these things were thought about and addressed and I'd like to read some of the comments from the Planning and Zoning Commissioners. Mrs. Newton-Huckabay said her only comment would be that -- and I'll quote. Quote: I really like the look of this project and I like the diversity of this project. We don't have enough of this I don't think. Commissioner Zaremba said: It appears to me to be an answer to the things we have asked for. Again, Mrs. Newton-Huckabay said: And I think given the commercial development, we are going to see Chinden -- on Chinden over the next few years will be a compliment to that. Borup addressed probably one of the most interesting items in my mind and that was that -- he says this is fairly dense and I would have some hesitation, other than the location. It's on Highway -- it's on -- he says it's on Highway 44 and Ten Mile. I think he meant 20-26. With freeway access. So, it's going to be a busy intersection and is probably appropriate design for that location. Zaremba being the last: Considering Chinden to be a major transportation corridor and some day if we ever have public transportation, it would be a good location. So, all of this was considered. I don't want this project to be held up because of the bad notion that density might give and that is what we have here. It's a well thought out project that will provide the city something it does not have, it will provide at a location that it doesn't have -- I'm sorry. It will provide this at a location that is appropriate for this type of density, especially with all the commercial going on and the Spur Wing Subdivision, that's, actually, going to be town-homes that are being proposed. That's at the Spur Wing golf course. We have got a mixed use development that's coming in further to the Meridian City Council January 3, 2006 Page 32 of 47 north and commercial. So, in this general mile you have got -- you have got a real dynamic area. So, what I would ask this evening is that this be approved -- at least there be some discussion as to what we can look at or what we can do to obtain such approval as we have -- ran out of time. De Weerd: Yes, you did. Amar: I would stand for any questions. De Weerd: Council, any questions at this time? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. Amar, my comments, as I recall, from the last hearing were concerns with density, housing type, and alley -- and the alley-loaded lots within the interior of the subdivision. How do you intend to address those comments is really my only question to you. Amar: So, the first one -- I'll start with density. Density currently is at 5.19. A majority of that is brought up probably from these attached units in the interior. We have got other projects that are similar to the R-8 standard. These are in Boise. Similar to the R- 8standard, where we can achieve the same density or very nearly the same density with all detached homes. Now, with this project in particular it came in under the older subdivision guidelines. So, a lot of this -- if we met the current R-8 standards, obviously, we would be reducing this area, simply because the current R-8 standards still do not allow the attached housing. But we can adjust the other lots to maintain the same feel and the same style, reduce some of the lots, but still provide -- provide the general look that we want and the general look that is going to provide the subdivision, that upscale feel. Your next question was with respect to alleys, I believe. I think I'm going to leave one out, so remind me what your third question was. So, the next question was with respect to alleys. In this block these alleys will, actually, be 20 feet wide and paved. So, the entire width is paved. We will meet all the requirements by both the fire department, as well as Sanitary Services, to provide access to all those lots. So, the access to that is appropriate. With this area these are not -- these will, actually, be 24 feet wide and that is per Mr. Silva's request. I believe he's here, so he can address that. In order to provide access to all of those. Now, these also have -- when Isay these, the area that has interior alleys and that's their access for the lots, also have additional parking. So, we feel that we have addressed that with the provision of 24 feet wide as per the fire department's requirements, as well as the addition of parking spaces. If there is something else that we have failed to see or some other concerns that you have, we would be happy to address those at this time. De Weerd: Okay. Meridian City Council • • January 3, 2006 Page 33 of 47 Canning: Madam Mayor? Amar: There was a third question. Wardle: My third one was in relation to -- and I think something that Mr. Bird and I agreed upon and that was the specific lot sizes and you addressed a little bit in the potential redesign, but -- Amar: To be honest with you, at the last hearing when we had discussion on this, it was a question in my mind in what Council was really looking for. So, if I can get direction on specific lot size, I can meet that. We can do -- we can go back and redesign to the R-8 standard currently. It's in Meridian standard, which is a 50-foot minimum for single family detached and 40-foot minimum with 4,000 square feet for alley-loaded lots. So, all of that can be addressed if I -- I guess I'm asking for some direction on what you°re looking for and would be more than happy to answer those questions. In fact, I have got a layout tonight of the R-8 standard, if you will, with this same -- with this same general layout, if you'd like to look at that. Wardle: I would -- Madam Mayor, I would like to see it. I don't know about the rest of the Council. Donnell: Uh-huh. Amar: So, in this first -- in this layout that we are looking at, this maintains the same road layout as you saw in the previous application. What it does is it takes all the lots to the current R-8 standard, so -- but it also keeps the lots that are alley fronted, if you will. Still with open space and frontage on the landscaping and that was based on information we received from this property in Eagle. That was a pretty desirable location with open space in the front yard that they don't necessarily have to maintain. So, all of these lots on the interior are a minimum of 4,000 square feet, with 40-foot frontage. All the lots on the exterior, again, are similar to what you saw before, but they meet the current R-8 standard. So, in doing that -- in redesigning it in such a fashion, there are 185 build-able lots or -- give you the density. 4.8 units to the acre, in comparison to 200 building lots at 5.2 units to the acre. And that would -- that would, I think, answer some of the questions about how -- the lot sizes and style. It would not -- it would not adversely affect the look for the project, as we can still do the same type of amenities, we would still make the same requirements, the only difference is is the attached units would be eliminated in favor or detached alley-loaded product. And I guess I'd ask you the question, is that something that is more palatable to what you're looking for? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Meridian City Council January 3, 2006 Page 34 of 47 Wardle: Certainly I think that it addresses some of my comments and I will let the other Council people speak for themselves, but it addresses my concern of, really, essentially, lot size, layout, street frontage and the -- in my mind, what was being asked for was really over and above what I thought was a variation on the R-8 zone. It was certainly a change from that perspective. Amar: And certainly it was not our intent to go over and above. We were just providing a variety of lot styles or home styles and this one that we were providing was -- the attached housing was not one that we had seen in Meridian and we thought would be appropriate, but maybe at a later date. De Weerd: Any further questions -- Bird: I have none. De Weerd: -- for the applicant? I guess we have a number of key issues that seem to continue to remain open as far as fencing, sewering of the project, that -- I believe that this is slated for a future trunk line and it's requested to go to Silverleaf, instead of waiting for that future project. So, those would -- all the items -- also you mentioned dynamic. Certainly transportation issues are dynamic and as all of this area from Boise to Caldwell opens up, the Chinden corridor becomes extremely important and critical to the valley and moving traffic. Right of way considerations for ITD is certainly an issue, making sure that we do it right, that we have sufficient right of way and I know up and down -- in particular on the Canyon county side, right of way is being required. Donated. So, I know that as we look at the corridor of I-84 with GARVEE and the improvements needed, we need to look at accelerating the improvements on 20-26 and the only way ITD will consider doing that is to get some public-private partnerships going to enable them to show that this can be done. So, if Council is considering looking at what you have brought in front and remanding it back to Planning and Zoning, I would like some of those items considered by your team and how you would respond to those. Amar: If I might respond to those -- some of those now. De Weerd: Sure. Amar: We can look at this project -- and I'll start with the sewer first. When the lift station was put in for Silverleaf, it was required to be built at a sufficient size to accommodate this project, as well as the next door neighbor. So, it was planned that this 40 acres, as well as the eight acres, drain to the Silverleaf lift station. Eventually, that, obviously, will be taken off line and go further north on the Black Cat trunk line. But for immediate planning and purposes, when Silverleaf was put in it was -- it was put in to accommodate this project also. So, this is following what we have worked with the Public Works Department as normal development and proper planning. We are not trying to jump ahead. This is simply completing the planning through Public Works. There was discussion at the last one with a -- with this out parcel of Mr. Stevenson and Meridian City Council • January 3, 2006 Page 35 of 47 as you see with this design, we have redesigned it to provide him access, as well as sewer and water to his parcel, and we can also work with irrigation to that parcel. So, that was accommodated with respect to fencing the entire project, the entire boundary of the project will be fenced with asix-foot vinyl fence. This portion is actually fenced currently, but our new fencing will be fenced with a six foot vinyl fence. Interior, as such these lots lines, side lot lines, again, will be six foot stepping down to three foot where appropriate for sight distance and sight triangles. Adjacent to any common area, should their remain any lots adjacent to common area, that fencing would be -- if it's a front yard, there would actually be no fencing allowed or if it's a side yard it, again, will be six foot stepped down to three feet. On the -- on the portion of the property that is adjacent to Highway 20-26 -- and we have had conversation with Sue Sullivan. This is the last piece of property -- or the last major piece of property in the mile from Ten Mile to Linder to come in. So, we have worked with her to provide additional right of way above and beyond what has been typically required for other developers along here, along this stretch. So, it goes from 70 feet down to 90 feet. Now, this last 90 feet stretches a length of 500 feet and that's to accommodate the future growth, accommodate the turn bays and the additional width that ITD would need in order to provide that growth. So, we have worked and have actually redesigned from our initial layout that -- that growth. And, then, there will be -- or, I'm sorry, that right of way setback. And, then, along this boundary there is going to be a berm. We did a noise study that suggests that needs to be -- between the berm and the fence it needs to be a minimum of ten feet high above the center line of Highway 20-26 for a ten decibel -- minimum of a ten decibel reduction with the -- with the berm and with the fence we actually get a 22 decibel reduction from the noise and the traffic from Chinden. And, again, that's ten feet from the center line of Chinden. So, this berm and fence actually ends up being 13 to 14 feet tall. So, it is a significant -- significant berm and a significant advantage to those -- to those residents that will live there. So, with this -- and I understand that Chinden is high impact and understand that Ten Mile, especially with the new interchange going in, will be high impact. But this will provide the -- and we have worked with ITD for this high position, but this will provide the land for the future improvements when they are made by the appropriate agencies. Hopefully, that answers some of the questions as far as what we have looked at what we are planning for. De Weerd: I guess I would like to see it as it -- if Council does remand this back, that the appropriate agencies would respond and we know we are on the same sheet of music and to know what the intent of that right of way is. Amar: Yeah. If you recall at the previous Public Hearing, Sue Sullivan was actually here and talked about their ultimate width is 100 feet, but because this section is developed or mostly developed with this requirement, it would give them the area that they need to -- to complete their improvements. De Weerd: I do know that it's become a high priority and that it is being looked at very seriously by all of the roads and planning agencies and Canyon County and we are trying to respond accordingly as well. Meridian City Council January 3, 2006 Page 36 of 47 Amar: I agree. And I understand that and we are trying to accommodate it. If we can do better, please, let us know. De Weerd: Anything further? Bird: I have none. De Weerd: Okay. Amar: Thank you. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: If there is nothing further -- De Weerd: Is there any further testimony in the audience? Okay. If you will, please, state your name and address. Stevenson: Jerry Stevenson, 6040 North Ten Mile Road, Meridian. De Weerd: Okay. Thank you. Stevenson: Okay. Mayor Tammy de Weerd, fellow Councilmembers, I'm in the little quadrant there on the left-hand side and, you know, my concerns are that we still raise sheep there as far as -- my concerns are, first of all, is the fencing around there that's going to be there to try to protect the kids from getting into, you know, our livestock and way of life. Also, my concern is, too, is with the internet, with my present job I'm required to do online demonstrations over the internet and the only access Ihave -- don't have any cable or DSL available in that particular area -- is through a satellite, which is an antenna, not up in the sky, a satellite up there, but all those houses along Ten Mile would basically be blocking the reception that I would have that and so accommodations would have to be made there. Also, basically, the fence did -- you know, he did come back after the last meeting after my comments and put up a fence there, but I also want to point out a couple things, too, as far as Silverleaf development, which is south of there -- and Kevin did comment about the -- there is a fence on the south side of this current one, that's supposed to be a vinyl fence and I, basically, watched some short -- what I would consider shortcuts, because that's supposed to be vinyl, that's all wooden fence. And, then, also along the other -- the side of Silverleaf it's only about three -- a little over three foot fence and that's supposed to be five foot, too. The site plans around here on my particular property calls for a five foot fence and I keep hearing six foot fence. So, I think that as far as some of the site plans have been presented are not all that -- as far as clear, leave a lot of judgment as far as what's Meridian Ciry Council • • January 3, 2006 Page 37 of 47 really going to be put in there and so those are the issues I have. And, then, you know, living there with the density of the homes, one of my biggest, I guess, frustrations -- and this may be a personal thing, but if you go back to look at the elevations of those homes, my house is only a one story home and I'm just going to be -- take a look at those. R-8, you only have eight feet from the foundation to foundation and, then, if you take the eaves, it's basically -- you know, you may as well attach them. So, all the views that I have will, basically, be cut down. And there has been no type of, you know, cooperation, as far as trying to acknowledge and cut down maybe on some height requirements. I think that's because of the size of the lots are cut down so small on this particular development that we are going to -- that's all that's going to be left there is tall homes to be build there. And so, currently, with the zoning -- you know, I mean I wouldn't mind seeing more of an R-4 type sizing in there, but when it gets to the R-8 it just increases the density that much more, which affects me and I'm just going to leave it at that. I'm against it, this whole proposal. I could go on and on about little things, but those are my concerns at this particular point. De Weerd: Thank you. Great timing. Any questions by Council? Bird: I have got one question. What is the zoning of Silverleaf? Stevenson: R-4. Bird: That's what I thought. Okay. Thank you. De Weerd: Okay. Thank you. Is there any further testimony? Would you like a quick rebuttal or response? Amar: Thank you, Madam Mayor. Again, with the fencing -- De Weerd: Just one more time for the record your name. Amar: Kevin Amar, for the record. De Weerd: Thank you. Amar: With respect to the fencing, I know the site plan calls for a perimeter fence at five feet, but I -- we are changing that to six feet, because I don't like five feet. I think for the extra foot it doesn't cost anymore or less and it's a better product. Also on the zoning, the zoning for Bainbridge is R-8. The zoning for Silverleaf, as well as Lochsa, is both R- 4 with a PUD. So, if you actually look at it, it's an R-8 style project. Kelly Creek, which is in that mile, is zoned R-8. Verona, which is in that mile, is zoned R-8. The majority of the projects within that mile are R-8 or greater. There is actually a portion of Lochsa, which is now Kelly Creek, that is for an apartment complex. So, this area -- this project fits in the zoning, as with everything else in this square mile. It's not a deviation and it's not a change, it's just a change in the way that we have approached it. And certainly with the new design we can meet a straight R-8 subdivision without any -- we can Meridian City Council • January 3, 2006 Page 38 of 47 submit under the new rules and not have a problem whatsoever. So, I think that is important to look at, that this is not -- this is not something greater or above and beyond than what's out there, we are asking for something that is very compatible with the surrounding area of this project and if there is any further questions -- Bird: I have none. De Weerd: Okay. Thank you. Amar: Thank you. De Weerd: Okay. Council? Mr. Wardle. Wardle: Madam Mayor, again, the applicant has addressed many of my comments. However, I do feel that this is a substantial change to the former application, so I will ask for other comments and, then, I will move to close the Public Hearing. De Weerd: Okay. Any other comments? Bird: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we close the public hearings on Items 16, 17 and 18. Donnell: Second. De Weerd: Okay. The motion is to close the public hearings on Items 16 through 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Is there any discussion or do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we remand Items 16, 17 and 18 to the Planning and Zoning Commission for further change, pursuant to applicant's site plan presented this evening. Donnell: Second. Meridian City Council January 3, 2006 Page 39 of 47 De Weerd: Okay. The motion is to remand Items 16 through 18 to Planning and Zoning. Is there any discussion? Okay. Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, nay; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Yes. Wardle: Just a point of clarification. Mr. Nary, do we need a motion to vacate Items 19 through 21 ? Nary: Yes. Wardle: With that, Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we vacate items Item 19, 20 and 21. Donnell: Second. De Weerd: Okay. The motion is to vacate Items 19 through 21. Is there any discussion? Is a roll call necessary? Nary: For the record it would probably be better, Madam Mayor. De Weerd: Okay. Mr. Berg. Roll-Call: Bird, nay; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 22: Ordinance No. 06-1209 AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: Item 23: Ordinance No. 06-1210 AZ 05-043 Request for Annexation and Zoning of 11.7 acres from RUT to R-4 zone for Sunstone Subdivision by Benchmark Construction - 1155 and 1123 North Black Cat Road: Meridian City Council January 3, 2006 Page 40 of 47 De Weerd: Thank you. Mr. Rountree is asked to come on in. Okay. Items 22 and 23 are ordinances 05-1209 -- Bird: I'm sorry. '06. De Weerd: So, they are 06-1209? Berg: Yes, Madam Mayor. It's a new year and so that's how we kind of help be able to track them a little bit easier and I didn't catch Councilman Bird when he first started, so I'm sorry. It's 06-1209. It's -- we continue the numbering system, but sometimes it's easier to track the year when some of things are approved, especially if it's from the building codes to even ordinances for annexation. De Weerd: Okay. Thank you. Please read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06 dash -- I can clear a house out pretty good, can't I? -- 1209, an ordinance for annexation of property located on a portion of the west half of the southeast quarter and the east half of the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 and L-O in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1210, an ordinance for annexation of property located in the northeast quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard these two ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Thank you for not saying I do. Okay. Council, I would entertain a motion on Items 22 and 23. Bird: Madam Mayor? Meridian City Council January 3, 2006 Page 41 of 47 Rountree: Madam Mayor? Bird: Go ahead, Charlie. De Weerd: Mr. Bird. Mr. Rountree. Bird: Rountree. Rountree: I move that we approve Ordinance No. 05 -- Bird: 06. Rountree: Oh, excuse me. I heard that discussion. 06-1209 and 06-1210, with suspension of rules. Bird: Second. De Weerd: Okay. The motion is to approve Items 22 and 23. If there is no further discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Well, Council, we are at the moment in our agenda to swear in our new City Council members. The first one to be sworn in will be Joe Borton and I guess I would like to -- before we swear in a new Council member, I certainly would like to express my appreciation to Councilmember Donnell for the time that she has served our community. She stepped in when we had an opening, because we hired our Council member as our city attorney and she has stepped in and added a great perspective. She has been a great balance to our Council and added a diverse perspective that was much needed with her background in schools, with youth, and a sense of community. We have appreciated all of her efforts and certainly we appreciate the contributions that you have added to our discussions and appreciate your insight. Donnell: Thank you. Do I have a chance to say something? De Weerd: Yes, you do. Donnell: Okay. I have been waiting for this chance. First of all, I certainly would like to thank the Mayor for giving me this opportunity. I mean she came to me and solicited my interest and, then, my thoughts on whether I would, indeed, volunteer to step into this role. And so I truly appreciate that. I also appreciate the Council members, Shaun, who has sat right beside me and tried to keep me on track, fixed my computer when I couldn't get it to work, told me when I should say something and when I shouldn't. Charlie for mostly disagreeing with everything that I ever voted on and doing it in such a Meridian City Council ~ • January 3, 2006 Page 42 of 47 nice way and always still making me feel like I had, you know, some sense. And Keith for being continually complimentary and telling me I was doing a fine job and, then, leading me into motions that I still couldn't make. And all three of them being wonderful helpmates and teaching me so much. I'd like to thank Will, because he always is there to do whatever it is that any of the Council members need for him to do and is so willing to just provide us with big cups of water that I end up being up all night, because I drink it all. That's -- but for always taking care of any of those fine details. He's great and a great addition to the city. And to all the staff members who had to put up with me during these last 14 months as well. They are an excellent staff and this city is very very lucky to have such a great staff working for them and working with the Mayor and with the Council. And I need to thank the developers, who have mostly left now, because we can clear a room, and all the other applicants for putting up with all my endless questions, with my horrible motions, with all of the indecisions that I have had. I have learned so very much these past 14 months and I wouldn't have traded this time for anything, unless it was more time to play with my grand children and my husband may or may not appreciate the fact that I'm going to be spending a little bit more time at home. Probably not, but that's too bad. I think other than the fact that he is the wrong gender, I think Joe Borton will be a great addition to this Council and I have told him that if he doesn't do a good job, that I will come back and run against him. So, he better do an absolute fabulous job and I know that we will and, again, he needs to be wearing a skirt and having a little bit longer hair, but -- Bird: That could happen. De Weerd: We don't need that. Donnell: He will be absolutely great. But, again, I want to thank everyone, all of you, for putting up with me and for giving me this chance to grow and learn one more thing that I never would have learned otherwise in my life. And so with that I'll give it to you to swear in our new one. Good one. De Weerd: Thank you. Any other comments? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Christine, you have done a great job. You know, I knew you were a great teacher and educator, but I didn't realize you were such a good politician. We are going to miss you. You have done a fantastic job. You have brought a view to the Council that was very helpful to me and I have certainly enjoyed serving 14 months with you. It's went by real fast. Thank you very much. Donnell: It has. Yeah. Thank you. Rountree: Madam Mayor? Meridian City Council • r January 3, 2006 Page 43 of 47 De Weerd: Mr. Rountree. Rountree: Christine, we certainly do agree on the grand children and the spousal issues and on most things, I think, and I have enjoyed your perspective, particularly the perspective that you brought from managing one of the largest public businesses there is in the state of Idaho and appreciate what I have learned from you and wish you and Bill well in continuation of your new found retirement, sort of, and hope to see you on occasion down on the golf course. Donnell: You will. You will. Thank you. Okay, Shaun. You're all going to be so glad that I'm not hear to spill water on my computer. De Weerd: Mr. Wardle. Wardle: I will say, Christine, that my second week here I spilled water all over my computer and that's why I knew that the napkins were right in front. So, I will say that it's been a pleasure to serve with you. I have learned many things from you and one of the things that I have learned as kind of a young -- some people call me a budding politician -- is really a different leadership style and I have seen how you were so effective running the school district and contributing to this community and would like to say that I have been honored to both serve with you and to learn from you. Donnell: Thank you. Wardle: Thank you. Item 24: Swear in New City Council Member Seat # 2 -Joe Borton: De Weerd: Now we have concluded the touchy feely stuff on the agenda. We will move to Item 24 and ask Mr. Berg to, please, do the honors of swearing in our new Council member for Seat No. 2, Joe Borton. Berg: Okay. If you would raise your right hand and repeat after me. I, Joe Borton, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Idaho and the laws and ordinances of the City of Meridian, Idaho. And that I will do to the best of my ability faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance here therein, so help me God. (Repeated by Mr. Borton) Berg: Congratulations. De Weerd: You will now trade seats. Meridian City Council • • January 3, 2006 Page 44 of 47 Donnell: Just like that they are kicking me off. Rountree: Exchange the baton. Donnell: You can't have my goodies, though. Borton: Christine, these shoes are too big to fill and I'm really really excited to work with the city and all of your leadership and what everyone said about you I echo ten times and I hope I can do half the job that you did. Item 25: Swear in New City Council Member Seat # 4 -Keith Bird: De Weerd: Thank you. And welcome, Mr. Borton. Okay. Our next item is Item 25 to sear in not so new City Council member for Seat No. 4. I think he can probably read it and tell you what to say. Bird: I don't think so. De Weerd: Councilman Bird. Berg: Okay. Raise your right hand and repeat after me. I, Keith Bird, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Idaho and the laws and ordinances of the City of Meridian, Idaho. And that I will do to the best of my ability faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Mr. Bird.) Bird: Congratulations. De Weerd: Since we did not need to do any separations due to our welcome aboard speech, we do appreciate continuing to serve with you, Keith, and appreciate the opportunity to serve at least another two years with you and -- Bird: Four. De Weerd: -- welcome. Bird: And, then, I'm out. De Weerd: Okay. Are there any comments before I move on? Okay. Bird: Just like to welcome Mr. Borton aboard and it's been a joy for me to serve with all my fellow councilmen and the mayors and hope the next four years is as good as the last eight. Meridian City Council January 3, 2006 Page 45 of 47 De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Welcome aboard, Joe. Great to have you and I'm looking forward to at least my next two years and your four and, Keith, thanks for the support and we'll keep elbowing one another for a couple more years. Bird: You bet. We will, Charlie. De Weerd: Mr. Borton, I know you have some people you should recognize in the audience. Borton: I do. I have got a lot of great people here that have supported me over many many many years and I appreciate them being here tonight. I'm going to start in the back left. That's my father-in-law Bruce Faltin. Sitting next to him is my big five year old Mikey. Michael is here. And my brother-in-law Hart Gilcrest. And my other son, seven and a half year old Jack, and my lovely wife Sharon is in the back right corner. In the far back underneath the wreath is my father James Borton. He's heading down to the Capital in a couple days, getting back to work. Up on the right is my mom Chris Borton. And sitting next to her is my mother-in-law Ann Faltin. And, then, up in the row in front of my wife is my good law partner Mark Freeman and his wife Suzette, who have been fantastic friends and supporters for many years and many years to come. I appreciate them both being here and for my family being here and sharing in this process and supporting me through these endeavors with City Council and everything else we do with the city. I appreciate it. I can't tell you enough how much I appreciate it. I probably don't tell you enough. But I want to let you know being here means a lot to have you here. So, thank you very much. De Weerd: Thank you for the introductions. Is there anything you would like to say in addition to that? Borton: No. I think you will find that as an attorney I will probably talk way more than I should, so I will be brief. I don't think I have anything else to say tonight, but for four years I promise to talk more than is necessary. De Weerd: We have had experience with an attorney up here already. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council January 3, 2006 Page 46 of 47 Bird: I'd like to introduce my wife, who has supported me for 44 years plus -- put up with me for 44 years and I appreciate it. I wouldn't be here if it wasn't for her. So, thank you, Marge. De Weerd: We submitted her name for sainthood. Bird: She's put up with me. De Weerd: So, thank you. It is so important and vital to have support from our families. I think now that he is sworn in, we can tell him that the hours can be long and the dedication and commitment is sometimes overwhelming and I think that Councilmember Donnell could echo that, but it's also very rewarding and we serve a great community full of wonderful people and I don't think you will find avolunteer -- pretty much volunteer position that has more rewards than local government and we welcome you on board. Borton: Thank you. I appreciate that. Item 26: Presentations: De Weerd: Now, Item 26 I do have a presentation to Councilmember Donnell. If she will come front and center. We do have a plague in recognition of the dedication thal she has given our community and just a small token of our appreciation for everything that you have done. This is to Christine Donnell, City Council Member, City of Meridian, presented in recognition for your contributions and service to the City of Meridian as City Council Member from October 2004 through January 2006, the City of Meridian greatly appreciates your dedication and commitment to serve the city and community. Donnell: Thank you. Thank you. Now I could have said all those things, but I did leave one person out and that was our wonderful Bill Nary, because he kept saying now if you need for me to come and do this or you need to come and talk to me about anything, I'm always here, I'm always available. And did I ever do it? Nary: Once or twice. Donnell: Once or twice. Nary: Once or twice. Donnell: Again, I left you right out. I was thanking everybody and so apologize, Bill, because you're a great help and you're really a wonderful asset to the city as well. Nary: Thank you. Donnell: Again, thank you all. Thank you to all of you. I'll put this with all my other plaques in my scrapbook. Now, you tell me how I'm going to do that. Meridian City Council January 3, 2006 Page 47 of 47 De Weerd: Photocopy it and, then, hang it on the wall and put in the photocopy. Donnell: Thank you so much. De Weerd: Well, that is the conclusion of our meeting. I certainly would invite you to join us at our reception at my house and -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Were we going to have elections or do you want to hold off until next week? De Weerd: We had anticipated doing that next week, but if you'd like to do it now, I don't care. Bird: No. No. No problem. Wardle: Give Joe time to get prepared. Just kidding you, Joe. De Weerd: When the real fun begins. Rountree: Part of the process. De Weerd: Okay. Bird: Madam Mayor, I move we adjourn. Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:19 P.M. (TAPE ON FILE MAYO DINGS) ~~ ~A~ ~;v jg~A/'od®PfPf60811691C~®`~~~~~ /~/ ®~ APPROVED RK December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of December 13, 2005 Pre-Council Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. COMMENTS December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of December 13, 2005 City Council Regular Minutes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdfan. Decem ber 30, 2005 MERIDIAN CITY COUNCIL MEETING ,!®nugry 3, 2006 APPLICANT ITEM NO. S~C REQUEST Approve Minutes of December 20, 2005 City Council Regular Minutes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shall become properly of the City of Merldlan. • December 30, 2005 AZ 05-048 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Martin Arfis ITEM NO. S-D REQUEST Findings for Denial -Request for Annexation and Zoning of 14.81 acres from RUT to R-4 zones for McGee Property -3086 South Mesa Way and 1252 East Victory Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Flndtngs for Dental CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ~fl ~ INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contactedc~ 'l l.~Z>f Date: ~ ®GISS- Phone: ~~~ ~~~~ Emailed: ~~Z P ~ ~ , L~ ~ ~ Staff Ini 'als: Materials presented at p c meetings shall become property of the City of Meridian. • . BEFORE THE MERIDIAN CITY COUNCIL C/C 12-13-OS 1N THE MATTER OF THE ) REQUEST FOR ANNEXATION AND ) ZONING OF 14.81 ACRES TO R-4 ) FOR MCGEE PROPERTY ) By MARTIN ARTIS 1 Case No. AZ OS-048 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL APPLICANT ) The above entitled annexation and zoning application having come on for public hearing on December 13, 2005, at the hour of 7:00 o'clock p.m., Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, Eric Cronin (Roylance & Associates), appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for December 13, 2005, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL MCGEE SUBDNISION; CASE NO. AZ-OS-048 n e r.>~ t n>; a • • television stations as public service announcements; and the matter having been duly considered by the City Council on December 13, 2005, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code § §67-6509 and 67-6511, and § § 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 14.81 acres in size and is generally located on the north side of Victory Road and on the east side of Mesa Way, approximately 600 feet west of Locust Grove. Specifically located at 3086 S. Mesa Way and 1252 E. Victory Road; lots 3, 4 & 5, Block 1, Kachina Estates, within a portion of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. 5. Martin Artis, 9292 W. Pandion Court, Garden City, Idaho 83714, is the current property owner. 6. Applicant is Martin Artis, 9292 W. Pandion Court, Garden City, Idaho 83714. 7. The subject property is currently zoned RUT (Ada County). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL MCGEE SUBDIVISION; CASE NO. AZ-OS-048 ner.F~nFd 8. The Applicant requests the property be zoned R-4 (Medium-Low Density Residential). The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: Medium-Low Density Residential 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Medium-Low Density Residential. CONCLUSIONS OF LAW 1. The City of Meridian has discretionary authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian § 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The provisions of Idaho Code §50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL MCGEE SUBDIVISION; CASE NO. AZ-OS-048 aer.FZnFd DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for annexation and zoning is denied for the following reasons: The proposed development is not in the best interest of the City of Meridian. By action of the City Council at its regular meeting held on the ~~~day of January, 2006. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED _~~~~ COUNCILWOMAN CHRISTINE DONNELL VOTED __~~Gw COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: MOTION: CITY CLERK ~~3-~6 APPROVED: -~ DISAPPROVED: .. ~'~'~ ~ ~ • ~ ~''~;O de ERD ~~~~A ''~ ~O ~! _ Copy served upon Applicant, the ~'~~~ ~ 1 Ong Department, Public Works Deparhnent, and City Attorney. °~~`(• ~ . ~`°• BY~ ~~(.C~l 47') ~°~ Dated: C7 ~ -Q J~ ~~ City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL MCGEE SUBDIVISION; CASE NO. AZ-OS-048 aer,FdnFn December 30, 2005 AZ OS-049 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Mark and Karen Carrington ITEM NO. 5-E REQUEST Findings for Denial -Request for Annexation and Zoning of 5.15 acres from RUT to R-4 zones for Carrington Property - 2955 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Emailed: Materials presented at public meetings shall COMMENTS See attached Findings for Denial a~""~ ate: 1 ,~~ 67 one: O ~~-~Cf 33a'' • St Initials: iecorne property of the City of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL C/C 12-13-OS IN THE MATTER OF THE ) REQUEST FOR ANNEXATION AND ) ZONING OF 5.15 ACRES TO R-4 ) FOR CARRINGTON PROPERTY ) Case No. AZ OS-049 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL By MARK & KAREN CARRINGTON ) APPLICANT ) The above entitled annexation and zoning application having come on for public hearing on December 13, 2005, at the hour of 7:00 o'clock p.m., Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, Eric Cronin (Roylance & Associates), appeared and testified on behalf of the applicants, Mark and Karen Carrington, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for December 13, 2005, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL CARRINGTON SUBDIVISION; CASE NO. AZ-05-049 ner.F i nF c • been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on December 13, 2005, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code § § 67-6509 and 67-6511, and § § 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 5.15 acres in size and is generally located at 2955 S. Locust Grove Road, Meridian, Idaho, within a portion of Lot 7, Block 1, Kachina Estates and a portion of the SE '/ of the SE 1/ of Section 19 Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. 5. Mark and Karen Carrington, 2955 W. Locust Grove Road, Meridian, Idaho 83642, is the current property owner. 6. Applicant is Mark and Karen Carrington, 2955 W. Locust Grove Road, Meridian, Idaho 83642. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL CARRINGTON SUBDIVISION; CASE NO. AZ-OS-049 ner.F~nFc • 7. The subject property is currently zoned RUT (Ada County). 8. The Applicant requests the property be zoned R-4 (Medium-Low Density Residential). The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: Medium-Low Density Residential 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Medium-Low Density Residential. CONCLUSIONS OF LAW 1. The City of Meridian has discretionary authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian § 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The provisions of Idaho Code §50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL CARRINGTON SUBDIVISION; CASE NO. AZ-OS-049 ner.FZnF~ • NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for annexation and zoning is denied for the following reasons: The proposed development is not in the best interest of the City of Meridian. y By action of the City Council at its regular meeting held on the ~ Ada of January, 2006. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED _~~~~ COUNCILWOMAN CHRISTINE DONNELL VOTED _z~~«- COUNCILMAN CHARLIE ROUNTREE VOTED _~~.Gw COUNCILMAN KEITH BIRD VOTED _~~~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: ~°~''®~j MOTION: APPROVED: ~ DISAPPROVED: . de WEERD ATTEST: .••';~ ~r ,; ~.~ r ~ . CITY CLERK = .~ ~, '~ °~ Q` . ~, ', FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL CARRINGTON SUBDNISION; CASE NO. AZ-OS-049 ner.FdnFt • C_~ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. ~) City Clerk's Office Dated: ~~ ~~~_~(~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL CARRINGTON SUBDIVISION; CASE NO. AZ-OS-049 ver.FCnFa • . December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. S-~ REQUEST Authorization to Procure Repair Services for WWTP Biosolids Land Application Truck AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See attached Memo To: Mayor De Weerd ~ City Council From: Brad Watson, P.E. CC: File, City Clerk, Stacy IGlchenmann, Bill Nary Date: 12/29/05 Re: January 3, 2006 City Counal Meeting Agenda Item The Public Works Department requests that the item below be considered on the January 3 City Council agenda, on the Consent Agenda, for Council's consideration. Authorization to Procure Repair Services forV1WTP Biosolids Land Application Truck. The 1978 GMC truck used by the Wastewater Division for bio~lids (sludge) land application is in need of overhaul. Council approved an $80,000 budget request for FY '06 for these repairs. Although it appears only one qualified vendor is available locally, the expected magnitude of the service required formal bidding. We published an Invitation to Bid for iwo weeks with a bid date of December 28. No bids were received. When bidding for public works constnadion and no bids are r9eceived, Idaho Code (IC) 67- 2805(3)(a) (vii, allows that "...the governing boarcl may procure the goods or services without further competitive bidding procedures." IC 67-2806, pertaining to the procurement of goods and servics~s, does not address the possibility of receiving no bids but it is reasonable to conGude the same process is valid as is allowable for construction. Recommended Council Action: Authorize the Wastewater D'nrision to negotiate a repair services with the vendor most- appropriate to repair the Biosolids Land Application Truck in an amount not to exceed the approved budget amount of $80,0l~. Thank you for your consideration. • Page 1 • December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. S-.I REQUEST Contract for South Area Liff Station and Pipeline Project with CH2MHill AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See affached °" I ' ~ STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between CH2M HILL INC., ("ENGINEER"), and City of Meridian for a PROJECT generally described as: Mason Creek Lift Station and Pipelines ARTICLE 1. SCOPE OF SERVICES ENGINEER will perform the Scope of Services set forth in Attachment A. ARTICLE 2. COMPENSATION OWNER will compensate ENGINEER as set forth in Attachment B. Work pertormed under this AGREEMENT may be performed using labor from affiliated companies of ENGINEER. Such labor will be billed to OWNER under the same billing terms applicable to ENGINEER's employees. ARTICLE 3. TERMS OF PAYMENT OWNER will pay ENGINEER as follows: 3.1 Invoices and Time of Payment ENGINEER will issue monthly invoices pursuant to Attachment B. Invoices are due and payable within 30 days of receipt. 3.2 Interest 3.2.1 OWNER will be charged interest at the rate of 1-1/2% per month, or that permitted by law if lesser, on all past-due amounts starting 3l) days after receipt of invoice. Payments will first be credited to interest and then to principal. 3.2.2 In the event of a disputed billing, only the disputed portion will be withheld from payment, and OWNER shall pay the undisputed portion. OWNER will exercise reasonableness in disputing any bill or portion thereof. No interest will accrue on any disputed portion of the billing until mutually resolved. 3.2.3 If OWNER fails to make payment in full within 30 days of the date due for any undisputed billing, ENGINEER may, after giving 7 days' written notice to OWNER, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, ENGINEER will have no liability to OWNER for delays or damages caused by OWNER because of such suspension. ARTICLE 4. OBLIGATIONS OF ENGINEER 4.1 Standard of Care The standard of care applicable to ENGINEER's Services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar Services at the time said services are pertormed. ENGINEER will reperform any services not meeting this standard without additional compensation. FORM 398 REVISED 3-2002 ("OWNER") 4.2 Subsurtace Investigations In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurtace evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. 4.3 ENGINEER's Personnel at Construction Site 4.3.1 The presence or duties of ENGINEER's personnel at a construction site, whether as onsite representatives or othennrise, do not make ENGINEER or ENGINEER's personnel in any way responsible for those duties that belong to OWNER and/orhe construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. 4.3.2 ENGINEER and ENGINEER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except ENGINEER'S own personnel. 4.3.3 The presence of ENGINEER's personnel at a construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). ENGINEER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only, c~uction sites include places of manufacture for mateFia~ls incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work. 4.4 Opinions of Cost, Financial Considerations, and Schedules In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, ENGINEER makes no warranty that OWNER's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from ENGINEER's opinions, analyses, projections, or estimates. If OWNER wishes greater assurance as to any element of PROJECT cost, feasibility, or schedule, OWNER will employ an independent cost estimator, contractor, or other appropriate advisor. 4.5 Construction Progress Payments Recommendations by ENGINEER to OWNER for periodic construction progress payments to the construction contractor(s) will be based on ENGINEER's knowledge, information, and belief from selective sampling that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by ENGINEER to ascertain that the construction contractor(s) have completed the work in exact accordance with the construction documents; that the final work will be acceptable in all respects; that ENGINEER has made an examination to ascertain how or for what purpose the construction contractor(s) have used the moneys paid; that title to any of the work, materials, or equipment has passed to OWNER free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between OWNER and the construction contractors that affect the amount that should be paid. 4.6 Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 4.7 Access to ENGINEER'S Accounting Records ENGINEER will maintain accounting records, in accordance with generally accepted accounting principles. These records will be available to OWNER during ENGINEER's normal business hours for a period of 1 year after ENGINEER's final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and rates) incurred hereunder. OWNER may only audit FORM 398 REVISED 3-2002 accounting rec:~ applicable to acost-reimbursable type compensation. 4.8 ENGINEER'S Insurance ENGINEER will maintain throughout this AGREEMENT the following insurance: (a) Worker's compensation and employer's liability insurance as required by the state where the work is pertormed. (b) Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, nonowned, or hired vehicles, with $1,000,000 combined single limits. (c) Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of ENGINEER or of any of its employees, agents, or subcontractors, with $1,000,000 per occurrence and in the aggregate. (d) Professional liability insurance of $1,000,000 per occurrence and in the aggregate. (e) OWNER will be named as an additional insured with respect to ENGINEER's liabilities hereunder in insurance coverages identified in items (b) and (c) and ENGINEER waives subrogation against OWNER as to said policies. ARTICLE 5.OBLIGATIONS OF OWNER 5.1 OWNER-Furnished Data OWNER will provide to ENGINEER all data in OWNER's possession relating to ENGINEER's services on the PROJECT. ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by OWNER. 5.2 Access to Facilities and Property OWNER will make its facilities accessible to ENGINEER as required for ENGINEER's performance of its services and will provide labor and safety equipment as required by ENGINEER for such access. OWNER will perform, at no cost to ENGINEER, such tests of equipment, machinery, pipelines, and other components of OWNER'S facilities as may be required in connection with ENGINEER's services. 5.3 Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, OWNER will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of--way, and access necessary for ENGINEER's services or PROJECT construction. 5.4 Timely Review OWNER will examine ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as OWNER deems appropriate; and render in writing decisions required by OWNER in a timely manner. 5.5 Prompt Notice OWNER will give prompt written notice to ENGINEER whenever OWNER observes or becomes aware of any development that affects the ~e or timing of ENGINEER's Services, or of any defect in the work of ENGINEER or construction contractors. 5.6 Asbestos or Hazardous Substances 5.6.1 If asbestos or hazardous substances in any form are encountered or suspected, ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. 5.6.2 If asbestos is suspected, ENGINEER will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. 5.6.3 If hazardous substances other than asbestos are suspected, ENGINEER will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. 5.6.4 Client recognizes that CH2M HILL assumes no risk and/or liability for a waste or hazardous waste site originated by other than CH2M HILL. 5.7 Contractor Indemnification and Claims 5.7.1 OWNER agrees to include in all construction contracts the provisions of Article 4.3, ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of OWNER and ENGINEER for contractor's negligence. 5.7.2 OWNER shall require construction contractor(s) to name OWNER and ENGINEER as additional insureds on the contractor's general liability insurance policy. 5.7.3 OWNER agrees to include the following clause in all contracts with construction contractors, and equipment or materials suppliers: "Contractors, subcontractors, and equipment and material suppliers on the PROJECT, or their sureties, shall maintain no direct action against ENGINEER, ENGINEER' officers, employees, affiliated corporations, and subcontractors for any claim arising out of, in connection with, or resulting from the engineering services pertormed. OWNER will be the only beneficiary of any undertaking by ENGINEER." 5.8 OWNER's Insurance 5.8.1 OWNER will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. 5.8.2 OWNER will provide for a waiver of subrogation as to all OWNER-carried property damage insurance, during construction and thereafter, in favor of ENGINEER, ENGINEERS officers, employees, affiliates, and subcontractors. 5.8.3 OWNER will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all PROJECT work including the value of all onsite OWNER-furnished equipment and/or materials associated with ENGINEER's services. Such policy will include coverage for loss due to defects in materials and workmanship and errors in design, and will provide a waiver of subrogation as to ENGINEER and the construction contractor(s) (or OWNER), and their respective officers, employees, agents, affiliates, and subcontractor~WNER will provide ENGINEER a copy of such policy. 5.9 Litigation Assistance The Scope of Services does not include costs of ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by OWNER. All such Services required or requested of ENGINEER by OWNER, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as mutually agreed. 5.10 Changes OWNER may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEERSs cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. ARTICLE 6. GENERAL LEGAL PROVISIONS 6.1 Authorization to Proceed Execution of this AGREEMENT by OWNER will be authorization for ENGINEER to proceed with the work, unless otherwise provided for in this AGREEMENT. 6.2 Reuse of PROJECT Documents All reports, drawings, specifications, documents, and other deliverables of ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. OWNER agrees to indemnify ENGINEER and ENGINEER's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized reuse, change or alteration of these PROJECT documents. 6.3 Force Majeure ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of ENGINEER. In any such event, ENGINEER'S contract price and schedule shall be equitably adjusted. 6.4 Limitation of Liability 6.4.1 To the maximum extent permitted by law, ENGINEER' liability for OWNER's damages will not, in the aggregate, exceed $1,000,000. 6.4.2 This article takes precedence over any conflicting article of this AGREEMENT or any document incorporated into it or referenced by it. 6.4.3 This limitation of liability will apply whether ENGINEER's liability arises under breach of contract or warranty; tort; including negligence; strict liability; statutory liability; or any other cause of action, and shall include ENGINEERSs officers, affiliated corporations, employees, and subcontractors. 6.5 Termination 6.5.1 This AGREEMENT may be terminated for convenience on 30 days' written notice, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. FORM 398 REVISED 3-2002 6.5.2 On termination, ENG~R will be paid for all authorized services performed up to the termination date plus termination expenses, such as, but not limited to, reassignment of personnel, subcontract termination costs, and related closeout costs. 6.6 Suspension, Delay, or Interruption of Work OWNER may suspend, delay, or interrupt the Services of ENGINEER for the convenience of OWNER. In such event, ENGINEER's contract price and schedule shall be equitably adjusted. 6.7 No Third-Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than OWNER and ENGINEER and has no third- party beneficiaries. 6.8 Indemnification 6.8.1 ENGINEER agrees to indemnify OWNER for any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including death, to the proportionate extent caused by the negligence or willful misconduct of ENGINEER, ENGINEER's employees, affiliated corporations, and subcontractors in connection with the PROJECT. 6.8.2 OWNER agrees to indemnify ENGINEER from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including death, to the proportionate extent caused by the negligence or willful misconduct of OWNER, or its employees or contractors in connection with the PROJECT. 6.9 Assignment This is a bilateral personal Services AGREEMENT. Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this AGREEMENT, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. These conditions and the entire AGREEMENT are binding on the heirs, successors, and assigns of the parties hereto. 6.10 Consequential Damages To the maximum extent permitted by law, ENGINEER and ENGINEER's affiliated corporations, officers, employees, and subcontractors shall not be liable for OWNER's special, indirect, or consequential damages, whether such damages arise out of breach of contract or warranty, tort including negligence, strict or statutory liability or any other cause of action. In order to protect ENGINEER against indirect liability or third-party proceedings, OWNER will indemnify ENGINEER for any such damages. 6.11 Waiver OWNER waives all claims against ENGINEER, including those for latent defects, that are not brought within 2 years of substantial completion of the facility designed or fi~ayment to ENGINEER, whichever is earlier. 6.12 Jurisdiction The substantive law of the state of the PROJECT site shall govern the validity of this AGREEMENT, its interpretation and pertormance, and any other claims related to it. 6.13 Severability and Survival 6.13.1 If any of the Provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. 6.13.2 Limitations of liability, indemnities, and other express representations shall survive termination of this AGREEMENT for any cause. 6.14 Materials-and Samples Any items, substances, materials, or samples removed from the PROJECT site for testing, analysis, or other evaluation will be returned to the PROJECT site within 60 days of PROJECT close-out unless agreed to otherwise. OWNER recognizes and agrees that ENGINEER is acting as a bailee and at no time assumes title to said items, substances, materials, or samples. 6.15 Engineer's Deliverables Engineer's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer- generated drawing files furnished by ENGINEER are for OWNER or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 6.16 Dispute Resolution The parties will use their best efforts to resolve amicably any dispute, including use of alternative dispute resolution options. 6.17 Ownership of Work Product and Inventions All of the work product of the ENGINEER in executing this PROJECT shall remain the property of ENGINEER. OWNER shall receive a perpetual, royalty-free, non- transferable, non-exclusive license to use the deliverables for the purpose for which they were intended. Any inventions, patents, copyrights, computer software, or other intellectual properly developed during the course of, or as a result of, the PROJECT shall remain the property of the ENGINEER. ARTICLE 7. ATTACHMENTS, SCHEDULES, AND SIGNATURES This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A-Scope of Services Attachment B-Compensation FORM 398 REVISED 3-2002 IN WITNESS WHEREOF, the parties execute below: For OWNER, s~oa dated this day of ®®a~®' ~ ~~s~, ,, ® ~ i,~ ~Gtf-PG~ r ~~ ®® Signature ~e® ~ ~ ~~~_ {, r /°`" Name (pnnte ~ yyy ~ ljl/Q~ p(, m r^ .-~ Name rinte~d) r/1/~-/t ~ R v... ~. ,~ g`- ~/v,. Title'/~~~''~~"/~/~~ ~/nP~Ly)y~'Y p m ~itle ~ ~/G rlc,. / V , ~~® For ENGINEER, CH2M HILL INC., ~~ ~~ dated this ~j day of S~,,i~ ~ (~ Signature Signature Name (printed) Name (printed) Title ~/~ r~9„ ~~Yiy~se? Title FORM 398 REVISED 3-2002 5 ~ ~ ~ ~ Exhibit A Scope, Fee Estimate, and Schedule Project Understanding The City of Meridian has an existing planning boundary that extends to Columbia Road, and may want to extend to Hubbard Road to the south. This area is largely undeveloped, but with the pace of growth in the Treasure Valley, several developments may soon begin in this area. The City is planning for a lift station near the intersection of Amity and McDermott Roads to service this growing area. The current planned ultimate size of this lift station is 7.3 cubic feet per second (cfs). This may increase with an increase in the planning area. In addition, the flows at startup will be only 1-2 million gallons per day (MGD). The initial use of this facility will be to convey flows through new pipelines to the existing gravity system north of the I-84 freeway. The ultimate use of this facility will be to lift wastewater into the headworks of a new adjacent wastewater treatment plant. The lift station must be designed with the flexibility to achieve all these goals. Approximately 2.5 miles of new force main, 2 miles of gravity sewer, and an interstate crossing will be included in this project. Land acquisition support for the lift station (with a future treatment plant in mind), and permitting support is assumed to be part of the scope of work. Scope of Work CHZM HILL will perform all tasks for predesign of the Mason Creek Lift Station and pipelines as outlined below. Task 1-Project Management 1.1 Staff Management and Task Coordination Project management will consist of supervising project staff, holding consultant staff coordination meetings as required, documenting meeting decisions and action items, and assigning activities to team members. 1.2 Monitor Project Progress Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. 1.3 Invoices Prepare and submit a monthly billing with backup documentation, per the agreement. Prepare invoices for services performed on a monthly basis, including a summary of work completed and work to be completed for the coming month. ~ ~ 1.4 Project Quality Control Perform project quality control reviews of all deliverables on this project. Senior technologists will be involved in the work tasks from the start and perform these final reviews. Task 2-Land Acquisition CH2M HILL will use Larry Cadwell of Ashley Land Services to support the City in acquiring land for the new lift station, and eventually a new treatment plant. We will concentrate on the area where Mason Creek intersects McDermott Road. A title search will be performed to determine past history of the property. We will then do an appraisal to determine the value of the property. We will contact the property owners to determine the willingness to sell the property, and negotiate a selling price. Ashley Land Services typically works on a hourly basis with reimbursable mileage. CH2M HILL will contract with Ashley for an initial $10,000. If we feel that amount will be exceeded due to protracted negotiations, we will ask for a price adjustment. CH2M HILL will provide support and advise Ashley on specific requirements on land acquisition including size of parcel, approximate location, and intended uses. Task 3--Preliminary Design 3.1 Permitting Evaluation A field survey of all canal crossings to delineate possible wetlands. Identify and delineate existing wetlands within the project area using the required criteria and methodologies of the 1987 Corps of Engineers Wetland Delineation Manual. All previously delineated wetlands approved by the applicable regulatory agencies are to be verified and/or revised as necessary. Identification of the hydrology characteristics, soil types, and floodplain boundaries, if applicable. Delineation of the ordinary high water elevation of streams and ditches; and photographs indicating wetlands and waters. CH2M HILL will outline the required permits for the project. We anticipate coordination with the Idaho Department of Transportation (ITD), Ada County Highway Department (ACRD), Idaho Department of Environmental Quality (IDEA), and several Irrigation Companies. Meet with permit officials to determine permit requirements. 3.2 Develop Design Criteria At the CH2M HILL hosted kickoff meeting, required design criteria will be outlined by the City. CHZMHILL will review and evaluate the existing modeling results to determine the operating conditions for the proposed facilities. CH2M HILL will develop a phasing schedule based on input from City staff. CH2M HILL will develop flow capacities, estimate timing of capacity needs, and timing of conversion of the lift station to a future treatment plant influent lift station. 3.3 System Configuration Evaluation CH2MHILL will evaluate up to 3 lift station sites and 2 different types of pumps: submersible and wet well/dry well. CH2MHILL will evaluate a single forcemain route • • north up McDermott Road. The system configurations will be evaluated using hydraulic, odor, and pump sizing models developed by CH2M HILL. Consideration will be given to optimizing the force main installation. Low initial flows may generate excessive odors and corrosion. Odor control modelling may indicate a phased force main installation. Evaluate suitable piping materials and select appropriate materials for both the force main and gravity sewer. 3.4 Preliminary Lift station Design 3.4.1 Pumping System Evaluations. Based on the results of Task 3.3, System Configuration, develop system curves for use with the pump selection process. Make preliminary selection of pumps considering design flows. Perform surge analysis of the lift station and forcemain. 3.4.2 Odor Control Equipment Evaluation Evaluate and select appropriate odor control technology. Biofilters, Chemical scrubbers, and activated carbon will be evaluated. Size odor control equipment and develop a preliminary layout. 3.4.3 Electrical and Instrumentation Evaluations. Size standby generator requirements. Develop the operational control, telemetry, and alarm requirements for the station. Define the required electrical power components for the lift station. Determine the requirements for power feed to the station. 3.4.4 Process and Instrumentation Drawings and Mechanical Layouts Initial process and instrumentation diagrams and layouts of major mechanical equipment will be provided. 3.5 Preliminary Forcemain and Gravity Sewer Route Alignments. 3.5.1 Alignment Mapping. The mapping area is generally confined to a 60-foot width or within the existing right of way of McDermott Road and Franklin Road. CH2M HILL will determine the existing right of way from record information on file at the County Assessor's Office. No boundary or right of way surveys are included in this scope. Where the project crosses I-84, the surveyors will map up to the I-84 Right of Way. No mapping within the ITD Right of Way is included. Mobilization and Control Surveys CH2MHILL will provide a mobilization and control survey including but not limited to: ® Identification of project site. Research of existing survey data. ® Project limits in the field. ® Detailed control survey sketch showing set control, found control, coordinate system and elevation benchmark datum. Additional survey control points as required to map entire site. r ~ Topographic Field Mapping The topographic field mapping includes the identification and measurement of existing natural ground and improved structures, as a minirnuZn, the mapping will include: • Adjacent boundary limits and constraints (Existing streets, fences, walls, lot lines, etc.) • Identification and measurement of existing, above ground utilities, water, sewer, telephone, power, gas, etc. and location of affiliated utility easements. • Mapping of existing structures including buildings, building overhangs, curb, gutter, sidewalks, fences, retaining walls, landscaping improvements, and any other topographic feature appropriate to the mapping project. • Measurement of existing natural features, trees, canals, ditches, berms, etc. • Measurements along critical topographic breakpoints and breaklines to establish contour mapping at the specified contour interval. Data Reduction and Map Generation The field measurements, generally collected with automated surveying instruments and software, are downloaded and processed using Computer Aided Drafting and Engineering software. CH2M HILL will perform the data reduction and map generation and develop a certified topographic map and electronic Digital Terrain Model (DTM) files. A list defining the topographic feature codes as imported into the mapping software and ASCII list of all topographic and control survey points will be developed. Electronic files developed as, 3- Dimensional AutoCAD file containing separate layers for topographic features, random points, breaklines, triangles, and final contours. Potholing and below grade manhole surveys will be deferred until final design. 3.5.2 Preliminary Forcemain and Gravity Sewer Alignments. Using the mapping developed in Subtask 3.5.1, plan and profile sheets will be developed at 1 inch equals 40 foot scale Initial utility characterization sufficient to develop a preliminary alignment will be provided. Major utilities will be contacted and utility maps will be obtained. Develop a preliminary horizontal alignment of the forcemain and gravity sewer within the public ROW of McDermott Road and Franklin Road. Preliminary traffic control requirements and required easements will be shown. Manholes and structure designs and final vertical alignments, will be deferred until final design. 3.5.3 Force Main Odor Control and Maintenance Evaluation. Based on the results of Task 3.3, system configuration, odor control may be necessary and control technologies will be evaluated. Pigging requirements of the force main will be evaluated in this subtask. 3.5.4 I-84 Crossing Evaluation Conduct field investigative work including 1 soil boring at each side of I-84 to establish design criteria for the technology evaluation. This work will include utility locating and traffic control (if the boring is located in a street). Conduct laboratory testing on the samples collected. Prepare a geotechnical data report summarizing all field activities and laboratory test results. Prepare a geotechnical memorandum recommending design criteria for the I-84 crossing, and define expected water surface elevations, if water is encountered. CH2M HILL will evaluate several trenchless technologies for crossing the interstate including guided and unguided boring, pipe ramming, and microtunneling. 4.0 Evaluation of Schedule and Opinion of Probable Costs. Order of magnitude opinions of probable construction cost and O&M (operation and maintenance) cost will be prepared. Cost opinions will include capital and annual O&M costs. Capital costs include construction costs, associated engineering and construction services costs, legal and administrative cost, sales tax, and appropriate contingency. A life cycle cost analysis will also be developed and documented based on a defined project life and cost of money interest rate, inflation rate adjustments, and all costs disbursements (capital, annual, and replacement costs). An evaluation of the project schedule will include design, bid and award, equipment delivery (if long lead time), and construction schedule. 5.0 Preliminary Design Report Prepare a preliminary design report that summarizes the results of the preliminary design and deliver 3 copies to the City for review and comment. Drawings will represent approximately the 10 percent point of completion during the predesign effort, and will include mechanical and instrumentation and control (I&C) schematic drawings drawings. Meet with the City to review the preliminary design report. Incorporate City comments into final report. Submit 3 hard copies of the final predesign report to the City. Level of Effort and Schedule Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this preliminary level of effort estimate based on the workplan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below. Additional work will not be performed without the prior approval of the Owner. Level of Effort Task Description 1 Project Management 2 Land Acquisition 3.1 Permitting 3.2 Design Criteria 3.3 System Configuration 3.4.1 Pumping System 3.4.2 Odor Control 3.4.3 Electrical & Instrumentation 3.4.4 Drawings 3.5.1 Mapping Total Task $19,100 $14,100 $5,800 $12,600 $25,000 $15,500 $9,900 $8,300 $13,500 $21,500 • 3.5.2 Alignments 3.5.3 Odor Control $23,600 X9,40 3.5.4 I-84 Crossing $1 00 4 Cost Estimate and Schedule $ 0 5 Final Report 6,60 Summary -All Tasks 07,4 Schedule The schedule for prelirnulary design is anticipated to take 14 weeks. With a notice to proceed of January, 2006, we would finish the predesign report in late April. Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 12/29/2005 Re: Proposed Agenda Item for January 3, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 3 City Council agenda, under Consent Agenda, for Council's consideration: South Area Lift Station and Pipeline Project. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $145,300. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18th of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the preliminary design of a lift station in the south area. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the South Area Lift Station and Pipeline Project with CH2M HILL for $145,300 and authorize the Mayor to sign it. Landing Lift Station Upgrade. Two bids were received for this project as summarized below and detailed in the attached spreadsheet: Star Construction, LLC $96,825.00 Irminger Construction, Inc $109,000.00 This project consists of upgrading an existing lift station including removal and salvaging existing pumps to the Owner, installation of two new submersible sewage pumps and related mechanical and electrical work. The work also includes construction of a diversion structure, piping, and related sitework. • Page 1 • Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Landing Lift Station Upgrade with Star Construction, LLC for $96,825.00 and authorize the Mayor to sign it. Bear Creek Chopper Pump/VFD Pre-Purchase Proiect One bid was received for this project as summanzed below and detailed in the attached spreadsheet: Wm. H. Reilly & Co. $27,448.00 This project consists of famishing two Chopper Pumps and assocated Variable Frequency Drives for installation by others. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Bear Creek Chopper PumpNFD Pre-Purchase Project with Wm. H Reilly & Co. for $27,448.00 and authorize the Mayor to sign i#. Thank you for your consideration. Please contact me iF you have any questions regarding any of these items. • Page 2 CH2M HILL 322 East Frant Street Suite 200 ~~ Boise, ID 83702-7359 °'i,;; Te12D8.345.5310 Fax 208.345,5315 December 23, 2005 Len Crady 660 East Watertower, Ste 200 Meridian, ID 83642 Subject: Mason Creek Lift Station and Pipelines Project Dear Len: As requested at our meeting on December 15, 20051etter, enclosed is a draft scope, fee and schedule for the Mason Creek Lift Station and Pipelines Project. We are excited about this opportunity to work with the City of Meridian on this important project. Our proposed lead CH2M HILL team members are as follows: • Dari Ayers Project Manager • Larry Fettkether Lift Station Lead a , • Bill Mori Lift Station QC • Dennis Galinato Pipeline Lead • Roger Beieler Pipeline QC • Eleanor Allen Odor Control Additiflnal support staff includes cost estimating, electrical engineering, and permitting. I look forward to discussing this scope and fee in greater detail. Please call me at 383-6452 with any questions. COPYgIGH72005 BY CH2M HILL, INC. • COMPANY CONFlDENTIAL Len Grady Page 2 December 22, 2005 Sincerely; CH2M HILL Daniel D. Ayers, P.E. C HILL Senior Project Manager BQI/gradytrans.doc COPYRIGHT 20Q5 BY CH2M HILL, INC. • COMPANY CONFlDENTIAL Exhibit A Scope, Fee Estimate, and Schedule Project Understanding The City of Meridian has an existing planning boundary that extends to Columbia Road, and may want to extend to Hubbazd Road to the south. This azea is largely undeveloped, but with the pace of growth in the Treasure Valley, several developments may soon begin in this area. The City is planning for a lift station near the intersection of Amity and McDermott Roads to service this growing area. The current planned ultimate size of this lift station is 7.3 cubic feet per second (cfs). This may increase with an increase in the planning azea. In addition, the flows at startup will be only 1-2 million gallons per day (MGD). The initial use of this facility will be to convey flows through new pipelines to the existing gravity system north of the I-84 freeway. T1ie ultimate use of this facility will be to lift wastewater into the headworks of a new adjacent wastewater treatment plant. The lift station must be designed with the flexibility to achieve all these goals. Approximately 2.5 miles of new force main, 2 miles of gravity sewer, and an interstate crossing will be included in this project. Land acquisition support for the lift station (with a future treatment plant in mind), and permitting support is assumed to be part of the scope of work. Scope of Work CH2M HILL will perform all tasks for preciesign of the Mason Creek Lift Station and pipelines as outlined below. Task 1--Project Management 1.1 Staff Management and Task Coordination Project management will consist of supervising project staff, holding consultant staff coordination meetings as required, documenting meeting decisions and action items, and assigning activities to team members. 1.2 Monitor Project Progress Monitor project progress, including work completed, work rema;n;ng, budget expended, schedule, estimated cost of work rema;n;ng, and estimated cost at completion. Monitor project activities for potential changes, anticipate changes when possible, and with City . approval, modify project tasks, budgets, and approach. 1.3 Invoices Prepare and submit a monthly billing with backup documentation, per the agreement. Prepare invoices for services performed on a monthly basis, including a summary of work completed and work to be completed for the coming month. • north up McDermott Road. The system configurations will be evaluated using hydraulic, odor, and pump sizing models developed by CH2M HILL. Consideration will be given to optimizing the force main installation. Low initial flows may generate excessive odors and corrosion. Odor control modelling may indicate a phased force main inetall_ation. Evaluate suitable piping materials and select appropriate materials for both the force main and gravity sewer. 3.4 Preliminary Lift station Design - 3.4.1 Pumping System Evaluations. Based on the results of Task 3.3, System Configuration, develop system curves for use with the pump selection process. Make preliminary selection of pumps considering design flows. Perform surge analysis of the lift station and forcemain. 3.4.2 Odor Control Equipment Evaluation Evaluate and select appropriate odor control technology. Biofilters, Chemical scrubbers, and activated carbon will be evaluated. Size odor control equipment and develop a preliminary layout. 3.4.3 Electrical end Instrumentation Evaluations: Size standby generator requirements. Develop the operational control, telemetry, and alarm requirements for the station. Define the required electrical power components for the lift station. Determine the requirements for power feed to the station. 3.4.4 Process and Instrumentation Drawings and Mechanical Layouts Initial process and instrumentation diagrams and layouts of major mechanical equipment will be provided. 3.5 ~ Preliminary Forcemain and Gravity Sewer Route Alignments. 3.5.1 Alignment Mapping. 'The mapping area is generally confined to a 60 foot width or within the existing right of way of McDermott Road and Franklin Road. CH2M HILL will determine the existing right of way from record information on file at the County Assessor's Office. No boundary or right of way surveys are included in this scope. Where the project crosses I-84, the surveyors will map up to the I-84 Right of Way. No mapping within the TTD Right of Way is included. Mobilization and Control Surveys CH2MHILL will provide a mobilization and control survey including but not limited to: • Identification of project site. • Research of existing survey data. • Project limits in the field. • Detailed control survey sketch showing set control, found control, coordinate system and elevation benchmark datum. • Additional survey control points as required to map entire site. • • elevations, if water is encountered. CH2M HILL will evaluate several trenchless technologies for crossing the interstate including guided and unguided boring, pipe ramming, and microtunneling. 4.0 Evaluation of Schedule and Opinion of Probable Costs. Order of magnitude opinions of probable construction cost and O&M (operation and maintenance) cost will be prepared. Cost opinions will include capital and annual O&M costs. Capital costs include construction costs, associated engineering and construction services costs, Legal and administrative cost, sales tax, and appropriate contingency. A life cycle cost analysis will also be developed and documented based on a defined project life and cost of money interest rate, inflation rate adjustments, and all costs disbursements (capital, annual, and replacement costs). An evaluation of the project schedule will include design, bid and award, equipment delivery (if long lead time}, and construction schedule. 5.0 Preliminary Design Report Prepare a preliminary design report that ~?*nmari~es the results of the preliminary design and deliver 3 copies to the City for review and comment. Drawings will represent approximately the 10 percent point of completion during the predesign effort, and will include mechanical and instrumentation and control (I&C} schematic drawings drawings. Meet with the City to review the prelimnary design report. Incorporate City comments into final report. Submit 3 Bard copies of the final predesign report to the City. Level of Effort and Schedule Level of Effort The task level of effort estimates are svmr„a~;~ed in the following table. CH2M HILL has developed this preliminary level of effort estimate based on the workplan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below. Additional work will not be performed without the prior approval of the Owner. Level of Effort Task Description Total Task 1 Project Management $19,100 2 Land Acquisition - $14,100 3.1 Permitting $5,800 3.2 _ Design Criteria $12,600 3.3 System Configuration $25,000 3.4:1 Pumping System $15,500 3.4.2 Odor Control $9,900 3.4.3 Electrical & Instrumentation $8,300 3.4.4 Drawings $13,500 3.5.1 Mapping $21,500 C~ December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. S-K REQUEST Award of Bid for Landing Liff Station Upgrade to Star Construction, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ,J ADA COUNTY HIGHWAY DISTRICT: \/" SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: • Phone: JIUII II IIIIUIJ: Materials presented at public meeflngs shall become properly of the Cify of Meridian. • _ ~~~~~ F®IZM ®I+ AG~+ I+ I~~T ~~TW~~T~ ®W~T~12 A1~TD C®I~tT~C'I'®It ~I~1 T~I~ ~~SIS ®F ~ ~'I'IPZJI~A'I'EI~ PIgICE THIS AGREEMENT is dated the day of in the year 2006 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Star Construction LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORD. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The Project consists of upgrading an existing lift station including removal and salvaging existing pumps to the OWNER, installation of two (2) new submersible sewage pumps and related mechanical and electrical work. The work also includes construction of a diversion structure, piping, and related sitework. The Project for which the Work under the Agreement is described as follows: Landing Lift Station Upgrade. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian .Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within forty five (45) calender days from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: $96,825.00 Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by the Public Works Department, on or about the 15~' day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 1/5/2006 Page 1 of 3 Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/A. 8.3 Information For Bidders. 8.4 Drawings. 8.5 CONTRACTOR's Quote. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 8.10 City of Meridian Standard Specifications & Drawings - 2002 8.11 EJCD General Conditions There are no Contract Documents other than those listed above in this Article 8. The Contzact Documents may only be amended, modified or supplemented by written Change Order. 1/5/2006 Page 2 of 3 • R Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on Owner By: Name: Attest: . William G. Berg, Jr. Approved by City Council: ~a°R4 ~F, ~- ~,i 2006. G.G.G. 1/5/2006 Page 3 of 3 • Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 12/29/2005 Re: Proposed Agenda Item for January 3, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 3 City Council agenda, under Consent Agenda, for Council's consideration: South Area Lift Station and Pipeline Proiect CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $145,300. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18~' of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the preliminary design of a lift station in the south area. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the South Area Lift Station and Pipeline Project with CH2M HILL for $145,300 and authorize the Mayor to sign it. °~ Landing Lift Station Upgrade Two bids were received for this project as summarized below and detailed in the attached spreadsheet: Star Construction, LLC $96,825.00 Irminger Construction, Inc $109,000.00 This project consists of upgrading an existing lift station including removal and salvaging existing pumps to the Owner, installation of two new submersible sewage pumps and related mechanical and electrical work. The work also includes construction of a diversion structure, piping, and related sitework. • Page 1 • • Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Landing Lift Station Upgrade with Star Construction, LLC for $96,825.00 and authorize the Mayor to sign it. Bear Creek Chopper Pump/VFD Pre-Purchase Proiect One bid was received for this project as summarized below and detailed in the attached spreadsheet: • Wm. H. Reilly & Co. $27,448.00 This project consists of famishing two Chopper Pumps and assocated Variable Frequency Drives for installation by others. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Bear Creek Chopper PumpNFD Pre-Purchase Project with Wm. H Reilly & Co. for $27,448,00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 N N p a c 0 •~~ VJ J O C C N J 1- U w U C C O O U O O to x X O O U ~ O L Q~ ~ . ~ L J J ~ O O O V ~ 2 X X ~ ~ c ~ o U ~ ~ L Z .a ~ ~ m O Q U ~ ~ a~ m a o ~ ~° ~ ~ i a o ~ ~.. a o to m ~ o2S December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. S-L REQUEST Award of Bid for 2006 Ten Mile Relief Sewer Project to Bodiford Construction, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See a#Fached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: ~J Phone: ~~~~~ nnnca~s. Materials presented at public meetings shall become properly of the City of Meridian. • xECEn DEC 1 ~ ZOt City Cl ~eee Memo To: Will Berg; Tara Green From: Dusty Hibbard, Public Works Inspector CC: Brad Watson, Public Works Director Date: 12~29~2005 Re: Proposed Agenda Item for January 3, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 3, 2006 City Council agenda, under Consent Agenda, for Council's consideration: 2006 Ten Mile Relief Sewer Proiect. One bid was received for this project as summarized below and detailed in the attached spreadsheet: Bodiford Construction, Inc. $96,700.00 This project consists of construction of approximately 1150 L.F. of 8" pressure sewer main, fittings, connections to existing sewer manhole, air\vac manholes, concrete driveway approaches, surface restoration, traffic control, temporary and permanent paving, gravel roads, and other related and miscellaneous work. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the 2006 Ten Mile Sewer Relief Project, with Bodiford Construction, Inc. for $96,700 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Dusty Hibbard Public Works Inspector Meridian PubUcworks DepanYnent 660 E. Watertower Lane, Suite 200 Meridian, ID 83642 Office: (208)898-5500 Fax (208) 898-5501 ~ Page 1 • BODIFORD CONSTRUCTION, INC. 8975 W. STATE ST. #4, BOISE, IDAHO 83714 PROPOSAL To: Clint Dolsby City of Meridian 660 E. Watertower Ln. Ste 200 Meridian, Idaho 83642 PH: (208) 853-5378 FAX: (208) 853-5381 From: Jerald O. Taylor ~'°j~~ Ten Mile Relief Sewer Subject: Date: 12/21/05 898-9551 As requested we are providing pricing for the addition of approx 1150 LF of 8" pressure sewer from the lift station next to Ten Mile Creek to the intersection of Linder & Franklin. Description Quantity Unit Surface Resto -- Type C -Gravel 550 LF Surface Resto -- Type P -Asphalt 600 LF Surface Resto -- Type P - Temporary Asph~ 600 LF Non Potable Waterline Crossing 2 EA Pressure Sewer - 8" PVC 1150 LF Pressure Sewer Fitting, 8" Bends 8 EA Connection to Existing Manhole 1 EA Concrete Driveway Approach 8 SY Const Traffic Control & ACHD Permit 1 LS Mobilization (5%) 1 LS AirNac Manhole 2 EA Unit Price Total 7.00 3,850.00 24.00 14,400.00 17.00 10,200.00 400.00 800.00 29.00 33,350.00 100.00 800.00 2,500.00 2,500.00 100.00 800.00 7,000.00 7,000.00 5,000.00 5,000.00 9,000.00 18,000.00 96,700.00 ~ Proud Partners with OSHA crs Z:~Bid estimatesWIerid - TenMilePswr.doc December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. S-M REQUEST Award of Bid for Bear Creek Chopper AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of AAeddian. COMMENTS See atFached Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 12/29/2005 Re: Proposed Agenda Item for January 3, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 3 City Council agenda, under Consent Agenda, for Council's consideration: South Area Lift Station and Pipeline Proiect CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $145,300. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18~' of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the preliminary design of a lift station in the south area. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the South Area Lift Station and Pipeline Project with CH2M HILL for $145,300 and authorize the Mayor to sign it. Landin Lift Station U rade. Two bids were received for this project as summarized below and detailed in the attached spreadsheet: • Star Construction, LLC $96,825.00 • Irminger Construction, Inc $109,000.00 This project consists of upgrading an existing lift station including removal and salvaging existing pumps to the Owner, installation of two new submersible sewage pumps and related mechanical and electrical work. The work also includes construction of a diversion structure, piping, and related sitework. • Page 1 • Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Landing Lift Station Upgrade with Star Construction, LLC for $96,825.00 and authorize the Mayor to sign it. Bear Creek Chopper PumpNFD Pre-Purchase Proiect One bid was received for this project as summarized below and detailed in the attached spreadsheet: Wm. H. Reilly & Co. $27,448.00 This project consists of furnishing iwo Chopper Pumps and assocated Variable Frequency Drives for installation by others. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Bear Creek Chopper PumpNFD Pre-Purchase Project with Wm. H Reilly & Co. for $27,448.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 U ~O ^L I..L L Q t Q~ w n. ~.. L Q Q O L Y U N m U w O 2 U cu 0 0 N N L N E U ^ Y C L G d. U O "~ r ~.. _Z Zw ww a. O~ ~z mw 0 U ~ ° >+ o ~ X X ~ 2 ti N E Z m ~ O O '~ >+ G ~ N m Q. ~ ~ ~ c~ ~ ~ ~ o ~ v~ Q ,_ -o o v~ m a. ~s • U N ~O N W N t L Q t ^L I..L.. `/~ Q N ~. Q. O L Y N N U (Q N m N 2 U ~1-r N N N .Q N U N Y O U .fl a a O O Z U ww w a. z O ~ C7 ~ ~z a mw • '~' 3l Y ~ ~ ~ S ~ ~ ~ Z a ~ m ~ O O ~ o ~ a~ m a o . d. -Q ~ m ~ m o c a. ~ o to m a~ • DATE: Z, ~ ,~ ~~-~ # of Pages (including coyer): Td: ~'~.~ F1~OM; p~ ~'1~Y ~ COMPANY: i ~, '~ [~ a+- FAX: ZO ~~ ~5' B SUBJECT: * ~ - rch o• .. MESSAGE; ~f AWARD COPY O~ THIS FACSIMILE o WILL o WILL NQT BE MAILED TO YCtU12 ATTENTION DEC-28-2805 09 53 lJM~ E I LY CO P . 02 City of Meridian Bear Creek Chopper PumpNFD prepurchase I'rojcct Bid NU Ti: ? ()13IUUt~tt: eU-se' indelible ink~olr type when com~p+letin~; this form. Proposal of w ~ • ~ - lLQ - ~ j `~ t, Q . existing under the flaws ofihe state of _ nom- (hercinafiier called "Bidder"), organir.~'d and Ga R.P 0 ~~ 0 tit ~''~ _, doing business as a(rt) (See foottrote) To: City of Meridian Address: "s3 East Idaho Ave Meridian Idaho 83f,42 !>raject Title: llcar C:re~k Choooer Pumst/VFD Prepurachsc Pn~ect I n camp) ianoe with the I nvitation to Bid and Inforntation For Bidders for the Bear Creek Chopper Pump/vhl~ Prepurchase Project. having examined the SpeciFcations with related dotutricnt5, Bidder heroby proposes to Farnish act materials and supplies in accordance with the Contract documents. These prices are to cover all expenses incurred in performing the Work required under the Contract Documents, ofwhich this is a para. 9y submission of this Bid, each Bidder certifies, and in case ot'a joint Bid each parry thereto certifies as io their own organi;eation, that this F3id has been arrived at independently. without consultation, communication, or agreement as io any matter relating to this E3id with any other Bid or with any outer Bidder or with any competitor. "I'he Ilidder ,,grew that the equipment shall be on-site within 30 days of Award ofeontract, defined as calendar days, after the date when ;fie Contract Timc commences_ Bidder acknowledges receipt of the following Addenda: Addenda No. Date Initials -~ Z _ ~~~ Bidder`s person to contact for additional information regarding this Sid: Name: ~ ~ Y ~ (1'Z ~ ~°~F Telephone: ~~ " ~ 0 ~ ~ /~ ~ / 6 IZn~iaoos .I)EC_ 28 _2005 _ 89 °_ 53 WM RE I LY CO -.. -.~. v ~ . ~ r. v. • vV~ t M f • I V City of Meridian 8e8r Creek Chopper Pump/Vp'1D Fre`purchase project Biel Schedule of dte>Ans and Prices The !'allowing is the Bid Schedule for the Bear Creek Chopper Pump/VFD Pre`purchage Project. The award will be based on the lowest Total Bid subject to the requirements of Paragraph t5 of the Information For Bidders. '1'he unit rice fpr each bid item shall be writl~n in ~t,.res_and words in the spaces provided. The total. ~iid ariee shall be written in fi ores in the spaces provided. Table t - Bid Schedule of Items and Prices P.03 r.+ . i u Item ~~ l'r Descriptign Estimated Total Bid QuBfitit Units Unit Pricy Price ~F~atsl•'Pricc t '1'~ ']BEN `'tfd uS tS ~ a- ~1~H.4 G11j (In Words) eJp~a C ~ ~dG~ ~ ~ Dollars and [In Words) Gents GAS f it ~ tyn a ~/ a ~ ~'~) ~l`it{~N L R~ ~/?tr4.. ~rtw-p s wl f/FQ "fhe above prices shall include all labor, material, overhead, profit, insurance, etc., to cover furnishin6 and perf'onnina the Work a5 called for and specified. The above prices shall also include all applicable taxes and tees. The Bidder understands that quantities listed are approximate acrd the Owner reserves the right to increase err dccr~:ase individual items as may ttit, in its sole judgment, to its best interest depending upon conditions ertwutrtcred or observed during t're execution of the Work. 7 12127/2005 DEC-28-2005 09 ~ 53 WM ~RE I LY CO P . 04 • Submrrred: By- "' signanne Natree: /~~' Gs~ f f ~ ~~ (Typed or pr}nt+eed) ~~.'~ Tine: ~~~~ {SEAL if B1d is by ~ corpc~rati~on) Attest (for bids- 'ors): sy: ,/J Corp a or Assistant Corporate ) (typed or prira~) Gc T}t}e: ~ rr~ P i rr~P B11Siftl' Date: 1Z.2 ~ !~ ~ - Hate: l~ ~'~~--t~ S-`.` P Pt Telephone Number: (' ~ Z~ ~ ~ / (~ ~ Fax Number_~ ~ _ /~,~ ~ ~~S '/ '^ Contractor's representative to contact regarding this bid= ~~~ L ~,~" 12/161ZOQS • • December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. S-N REQUEST Resolution -Adopting the National Incident Management System as the City of Meridian Standard for Incident Management and Response AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at pub8c meetings shall become property of fhe City of Meridian. COMMENTS See attached Resolution r' 6 ~t~6.~ • CITY OF MERIDIAN RESOLUTION NO. ~/ ~P BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE CITY OF MERIDIAN STANDARD FOR INCIDENT MANAGEMENT AND RESPONSE. WHEREAS, the President in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, it is necessary and desirable that all Federal, State, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and WHEREAS, adoption of the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve local government's ability to utilize federal funding to enhance local agency readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the State of Idaho, by Executive Order, has adopted NIMS as its standard to prepare for, prevent, respond to, and recover from domestic incidents, emergencies, and disasters; and WHEREAS, the Incident Command System component of NIMS is already an integral part of various incident management activities throughout the City of Meridian and Ada County. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, IDAHO: A RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE CITY OF MERIDIAN STANDARD FOR INCIDENT MANAGEMENT AND RESPONSE Page 1 of 2 C~ Section 1. 'That the City of Meridian hereby adopts the U.S. Department of Homeland Security's National Incident Management System as the standard for incident management and response to be used by all emergency response personnel, teams, and organizations. Section 2. 'That this resolution shall be in full force and effect immediately upon its adoption and approval. Adopted by the City Council of the City of Meridian, Idaho this ~ ~ day of ~ : 2do 6 rQ Approved by the Mayor of the City of Meridian, Idaho this ~ day of ~GG~YKiL~c- ,~5-Zv06. ~,,,.~„r,,,;;;., ., ,,, EST: \,~,~~,~~ ~~, ~ r~o ~ ~- C~ William G. Berg, Jr., City Clerl~ ~~ -~ ~~ ~~ ~~~ ~~~ ~~ ,~ ~ ~, ~ A RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE CITY OF MERIDIAN STANDARD FOR INCIDENT MANAGEMENT AND RESPONSE Page 2 of 2 • December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. Jir-0 REQUEST Approve Sponsoring Idaho Community Development Block Grant Application for Meridian Senior Citizen Center AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: / MERIDIAN SCHOOL DISTRICT: ~~C/ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Cihr of Meridian. Items Accomplished-to-Date by Meridian Seniors • Replaced roof • Removed foam acoustics • Repainted dining room • Remodeled men's and women's restrooms • Installed handicap accessible ramp on west side of building • Installed new ramp and door on south side of dining hall • Removed door and ramp on north side of dining hall • Removed grid over kitchen lights • Installed new ceiling and upgraded lights in kitchen • Replaced interior ramp -recreation room to dining hall The first grant, in the amount of $100,000, was spent entirely on the upgrades listed above, with the exception of the roof replacement. An additional $22,000 was spent by the seniors on unforeseen costs, which included asbestos removal, concrete technicians, and change orders under the original scope of work. Phase II of the Meridian Senior Center Improvements includes items outlines in the Meridian Senior Center Capital Improvement Plan. The amount needed is $100,000. The seniors are currently constructing a new garage, at a cost of $15,000, which is eligible to be counted as match towards the second grant. This grant will be used to: Cost Estimate Install new windows (dining room and office wing) $ 6,200 Install sound boards (dining room) $ 1,600 Bring front entry ramp up to ADA code $10,400 Install air conditioning in kitchen area $16,000 Replace front entry doors to meet ADA requirements $ 2,400 Replace 30" office doors to meet ADA requirements $ 1,000 Build 20'x 30' 600 sq. ft. pool room (east end of office wing) $60,000 If funds are available The seniors are currently in the process of having an energy audit completed by Idaho Power to help determine cost savings by installing energy efficient windows and doors. The seniors have been very active in seeking out and accumulating cost estimates for all of the above listed items, and this grant would complete all of the items listed in their capital improvement plan. i • Will Berg From: Marianne Piquet [mpiquet@sageidaho.com] Sent: Thursday, December 29, 2005 4:39 PM To: Will Berg Subject: Info Requested for City Council Meeting Attachments: Info for City Council.doc Info for City Council.doc (21 ... Will, Here's the info. Hope it helps. «Info for City Council.doc» Marianne Piquet, Planning Tech. Sage Community Resources 1001 S. Orchard St., Ste. 100 Boise, ID 83705 P: 208.322.7033 x215 F: 208.322.3569 E: mpiquet@sageidaho.com Will Berg From: Jennifer Tomlinson (jomlinson@sageidaho.com] Sent: Thursday, December 22, 2005 4:29 PM To: Will Berg Subject: Meridian Seniors Attachments: RFP_Admin.DOC; Rfp_ranking_admin.doc; 05 Cert Grant Admin.xls ~ ~ ~ RFP_Admin.DOC Rfp_ranking_admin. 05 Cert Grant {28 KB) doc (29 KB) Admin.xls (41 KB... Will Happy Holidays! Ken Altig let me know that Keith Bird was supportive of the City sponsoring another block grant for the Meridian Seniors in march, if not, the Meridian Seniors are planning on going in for another block grant in March! This process will be much easier since everything is essentially done for the application but we will need to have a hearing and that kind of stuff once it gets closer. In the meantime, I need you to send out the RFP for administrative services to three Certified Grant Administrators on the attached list, and I would really appreciate it if you included Sage in the three. I have put a closing date of Monday, the 16th of January to give everyone enough time to respond after the holidays, but if you could get it out just as soon as you can, just like last time, you can fax it out to three administrators, but seven days must pass between when you send it out and the closing date, so at the very latest, Thursday January 5th. Thanks for all of your help and if you have any questions, let me know. Thanks Jennifer Tomlinson Planning Specialist Sage Community Resources 1001 South Orchard Suite 101 Boise, ID 83705 208.322.7033 ext 227 208.322.3569 fax jomlinson@sageidaho.com «RFP_Admin.DOC» «Rfp_ranking_admin.doc» «05 Cert Grant Admin.xls» December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. S-P REQUEST Resolution -Amend the Text of the City of Meridian Comprehensive Plan; Providing for Downtown Meridian Design Guidelines as Set Forth in Chapter II, Article D, 11-2D-4 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: / CITY PARKS DEPT: ~ ®~ MERIDIAN SCHOOL DISTRICT: ,q,~ ~/~ ADA COUNTY HIGHWAY DISTRICT: ! v "(//~ SANITARY SERVICE COMPANY ~f CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. ~. ' CITY OF MERIDL~N RESOLUTION NO. ~~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN; PROVIDING FOR DOWNTOWN MERIDIAN DESIGN GUIDELINES AS SET FORTH IN CHAPTER II, ARTICLE D, 11-2D-4; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the State of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-3 82; and WHEREAS, the Mayor and City Council have deemed it appropriate to clarify the City's Comprehensive Plan definitions for Downtown Meridian Design Guidelines; and WHEREAS, the Mayor and City Council have done all things required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDL~N, IDAHO as follows: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan, a copy of which is attached hereto and by this reference incorporated herein. A copy of this Resolution and the attached amendment shall beheld on file in the office of the City Clerk. COMPREHENSIVE PLAN AMENDMENT FOR DOWNTOWN MERIDIAN DESIGN GUIDELINES Pagel of 2 SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~~ day of GLliLGit, , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ day of GL !~. , 2006. APPROVED: .o w \~. COMPREHENSIVE PLAN AMENDMENT FOR DOWNTOWN MERIDIAN DESIGN GUIDELINES Paget of 2 ~~~_ INTRODUCTION The purpose of the Downtown Meridian Design Guidelines for the Downtown District is to aid in the development of a concentrated urban, mixed-use, transit-supportive center that fosters pedestrian activity and defines Downtown as heart of the community. GUIDING PRINCIPLES: 1. A mixed-use urban configuration supports retail 5. Comfortable and visible vehicular, as well as and commercial businesses by clustering them transit, cyclist, and pedestrian facilities in a tight-knit, pedestrian-friendly environment encourage visitors to and from downtown. with compatible amenities such as restaurants, entertainment, housing, and related services. 6. Defined and continuous streetscapes with 2. Buildings designed to be compatible with consistent trees, signage, pedestrian and cyclist amenities create identity and provide an historic downtown buildings reinforce the attractive, predictable environment for cultural heritage of Meridian. business. 3. Street facing buildings with active ground floor 7. Civic and community buildings and public uses help support apedestrian-oriented spaces are integral to the civic identity of the environment. community, and should receive special 4. Quality building materials and their consistent consideration and pride of place. application create an environment of quality that supports property values. ~''__ ri; '~ ~ _ ~ Idaho Street then t' ,r' ~ , ~~ :, ~ K ,I _ P~ ~~; ~' ~ r~ , Idaho Street today i Idaho Street future, looking west from Second Street 1 r i w ~, P.: - ~ '~ i r y ~£, t 5 H ~~ .. ..:~Ca ~-. PURPOSE The purpose of Design Guidelines in the Downtown District is to: • Support community and cultural identity in the historic center of Downtown Meridian; • Encourage the rehabilitation and conservation of existing historical buildings; • Create infill mixed-use building of character, height, scale, and proportion compatible with the existing historical buildings; • Reinforce the urban pattern by minimizing interruptions in the wall of street-facing building facades; • Slow traffic by shaping the street "room° and providing "eyes on the street"; • Create a comfortable environment for pedestrian activities • Reduce off-street parking requirements by realizing that the Meridian Development Corporation will provide parking in the area. APPLICABILITY These guidelines apply to new development and any proposed improvements to existing development, such as fagade improvements and/or building additions. Presets day downtown, Second Street, Merldlan, Idaho --s-. - - ". 'k Y ~ ~' & x 4 . i surn,~'+"a'4 ~S+"'}eHt"S."'t i l ~~~ ~~ ~~'~~u~ 4 P I ~ ~ Y ~ Y~ 9; U ~r y ~ ~ ~ ~ I - ' ~ y ~ ! "~Y,~ry M1~ Y 4 ~~ p T ;., ~ ~~ ~ THS ~~ ..~6~ ,_ , ~ t. r pi ' ~ ~wr.. ~ 'a n n. "1' 9l ~~ ~ '" ~~ ,' , ! - - r.. a F., E..v: g Old downtown, Second Street, Mertdlan, Idaho 2 Future downtown, Second Street, Merldlan, Idaho SETBACKS (See definition of setback in Meridian Unified Development Code). Purpose: The purpose of setbacks in the Downtown District is to create a safe and lively pedestrian gr.Pld-ToLtne environment with continuous building facades facing the street (Fig. 1.1). Front and side setbacks: In the Downtown District, all new buildings must have first floor facades built to the public right of way ("build-to lines°) at the street sides and to interior lot lines (exceptions may be considered at interior lot lines for pedestrian FtcuRE i.o Set back diagram paths and existing adjacent buildings with windows, and for civic and community buildings and public spaces). Buildings will be built to the alley for a depth of 20 feet from the Main, Second and Third Street sides (Fig. 1.0, 1.6). Pedestrian plazas behind the build-to line will be considered if such plazas are less than 50 percent of the total facade length of an individual fagade. Rear setback at alley: 5-foot minimum, except as noted above (Fig. 1.0). i ~ ~ ~ _ _ , '~ . ~ ~ ~.~ ~ ~;~y . i.~ -:.;.,~. ~; ~ ~ '~; s~ ~ .gym FIGURE i.z DO build the public right of way for FIGURE i.3 G continuous storefront effect right of way. ~ ~ , __ ~ A° ,e ~ I) ~ ~~~ ~~r ~t ,~ J~~ [~6 ~ t-~'~3r' d ~` ~°'i ~,. i . ~ r ~' ~ ,.~~ . ~wumr Vlk;e ~ Si~'YYe' f~ ~ e ~ r.~~-^ 7p~~ ~w1i ~r ,, ,j~ ~ W bc~.u P J ~:. i...; ~kl T \~ ~ F~ ~~ ~ j ~`~ , ~, .. 1 ..ti _~ _. - ~ ` ~_ .~ ~ - :t -~;~ ._~~ FIGURE 1.4 DO create small shallow plazas flanked by FIGURE i.s DON'T create deep gaps between buildings. buildings. i~~ _ + ~! ~. t i~an _ ~ 1'~~~ -r-i r ,, q ' _ _ ..~._ ~-.:. :: Jt~YI~ ~_..Tsu _ ~~ y~ _ _ ___~ '~ ~~ ~a.,.,. ~ 4a~ii FIGURE 1.6 DO areat® bulldings~ghf to alley amend Main FIGURE 1.7 DON'T create wide view Into alley. Street, 2 Street and 3 Street ,~•„ g~ 4 • i ~~. ~,. , BUILDING ORIENTATION Purpose: The purpose of defining building orientation is to locate building entrances and windows facing the street and public sidewalk to aid in the creation of an active and safe pedestrian environment. All developments in the downtown District shall be oriented to the street. The requirement is met when: 1. Buildings have their primary entrance(s) oriented to the street. Buildings located on Main Street must have one primary entrance on Main Street and may have other entrances on side street(s). Second story uses, not associated with the ground floor use, must have their primary entrances on the street side; a secondary entrance/exit may be located on the rear. No tenant spaces may be solely accessed by an entrance on the alley. o¢ ~? ,~o e~~a Off-street parking, driveways, and other vehicular circulation shall not be placed between the building and the street. Parking is not allowed at first floor of a structured parking garage within 30 feet ofstreet-facing facades as this area must be used for tenant space with active uses (except on Meridian Road and Third Street). See Figure 1.55 illustrating a parking structure with auto entrance and also active ground floor tenant uses. Service areas for new buildings will be located at the rear including loading, recycling, garbage, meters, mechanical equipment, etc. Service areas will be screened from view to the height of the equipment with decorative walls compatible with the building fagade if visible from the street (alley view is excluded). 5. Rooftop mechanical equipment must be screened to the height of the equipment with allowable exterior materials (See Fagade Treatment). ~ g`oQQ' ~o ~oQ°k~~ o`'~e 75' max. 6~ "' I ~ '~~ .~ .~ .\ .~ .~ Prkrtary entrance on Main St. FIGURE 1.8 Building orientation diagram ~ ~ /® - ®- ~e o f;. FIGURE i.io DON'T locate primary entrance to rear. (Note that this photo shows no entrence at all from the street sides). F ®<°'~. _ ; _ ~~~,E F . FIGURE 1.13 DO locate parking in the rear. ---- s FIGURE i.iz DON'T locate only entrances to second story uses on the rear. i 6 FIGURE 1.9 DO locate primary entrance facing Main Street - --~ FIGURE 1.14 DON'T locate parking in the front. FIGURE 1.11 DO locate entrance to second story uses on the street side. D~k~tn}owrMeriaiamDasign Gui~Elines BUILDING HEIGHT AND FORM Purpose: The purpose of building height and form guidelines is to ensure that new construction and reconstruction is compatible with historic Meridian downtown buildings. All development in the Downtown District shall meet the following limits of height and form: Height: Method of Measurement: See definition in Meridian Unified Development Code. For allowable additional height for parapets, see also page 8 under Form. Minimum height at street-side facade: 2 stories/40 feet Maximum height atstreet-side fayade: 3 stories/60 feet Maximum height at 10 feet behind street-side fagade: 4 stories/75 feet Note: See Fig. 1.8, 1.15. Note: Height may be exceeded along the rail corridor through the Conditional Use Process. ~-•; ~_ ~-~'~ ~w~" ,~' 7 FIGURE 1.15 An additional floor Is allowed ff set back 10 feet from fagade. FIGURE 1.16 Comer turrets are encouraged. ~ ~ i - . ~ .. ~- ~ Y- ~~ ~~ ~~ j ~. ~ ,~ u ~~.~~ a U~'~ ~~;~ FIGURE i.i7 DO provide a decorative parapet, like the one on the bullding at left In this photo. DON'T provide a parapet with no cap, as in the right hand bullding. Form: Street-side facades must include a parapet whether a flat roof or pitched roof is used. Decorative elements are encouraged and may exceed height limits by 4 feet maximum, and are restricted to 50 percent of parapet length (Fig. 1.17). Facades stepped back 10 feet or more may have a shaped roof profile without a parapet, but must not exceed height limit (Fig. 1.8). Form may include comer elements at street intersections only, such as towers, projecting bays, etc., but must not exceed height limit (Fig. 1.19). Ground level building comers, on comer lots only, may be chamfered a distance of 10 feet maximum from the comer property line for comer entries (Fig. 1.18). Balconies and bay windows may project beyond the fagade up to 6 feet if at least 15 feet above ground. Such projections must also comply with Ada County Highway District right-of--way requirements (Fig. 1.20). id. i ~i -i~ t~ _ - X ~i.. ~;` ~ - ~~~ I FIGURE 1.2o A 6-foot projecting balcony Is allowed. FIGURE i.i5 Chamfered comes, Ilke the one at the left abov®, are allowed. Parep®ts are required and decorative elements Ilke the ones above are encouraged. .:.~ -;,: ,-T w >t. . >t - . ~ws; - - - FA~,ADE TREATMENT, ENTRANCES, ROOFS Purpose: The purpose of facade treatment and entrance guidelines is to ensure an active, interesting, and safe pedestrian environment, and create compatibility with Meridian's esteemed architectural heritage. All developments in the downtown District will meet the following requirements for facade treatment: First floor street facing facades: Facades must contain no less than 50 percent glass (Fig. 1.21). Storefronts must follow the proportioning system. (All first floor street-facing facades must be constructed such that storefronts can be added to allow flexibility of use over time). Glass must be clear with no tinting or reflectivity. Window frames must be recessed from the face of the finished wall minimum 4 inches. Non-glass materials may be one or a combination of the following materials: Stone or brick masonry, tile, or stucco (Fig. 1.28). Concrete masonry is prohibited. Paneled painted wood may be used within the storefront if detailed in an historically compatible manner. Active doors are recommended approximately every 25 feet, or as close as feasible for the project. Window headers and sills are encouraged. Belt coursing at 12 feet to 20 feet above the ground is encouraged, especially if matching an adjacent building (Fig. 1.35). Street-facing facades above flrat floor: Street- facing facades above the first floor shall have no less than 20 percent glass. Windows shall be vertical in proportion and frames recessed from the face of the finished wall by a minimum of 4 inches (Fig. 1.26). Reflective glass is not allowed. Acceptable wall materials include stone or brick masonry, tile, and stucco. Concrete masonry is prohibited. Belt Cou Bulkhec Tf~ansrn Display t~ndov Base Entry FIGURE 1.23 Storefront design buyers. 4 F t - ..._.M ~ ;~ y ~; ` 1 D~ f / r ~ ~ ~ f Jr'j " . ny ,; ! , ~_ :. . ~ t; ~ a . ~, FIGURE 1.22 DON'T build more wall than window. Alley-oriented and Interior side lot facades: Alley-oriented facades and interior side lot facades may be materials other than those noted above, but preferably in keeping with the street-side facades. Such other materials must be painted in a color compatible with the front facade. 9 ~ ~ FIGURE 1.2a l~._.....~J. .src.,. vim'-- - .. 4 _ I ~:. Dora every 25 feet FIGURE 1.25 DON'T close up storefronts. to create activity. ,~,; f ~;~ -w }, 2 ~' I ~ .~ ~~ 3GURE 1.26 DO build vertically proportioned F1GU~ RE~ compatible with existing historic buildings. Floor facades. ,; ~ ~ ~ -y ~ i `~ i j ~ , ~ '>'1 ~ ~~. .a. ','~ l T make blank second __ . __ _ r FIGURE 1.28 DO use brick and stone. FIGURE 1.29 DON'T uE up historic buildings. to cover 10 ~-.a-m -. ®. o- . parapet Screening: On grade screen walls shall be constructed of materials similar to those of the building fagade if visible from the street (alley view is excluded). Roof-top screening materials shall be compatible with building fagade materials (Fig. 1.33). Parapets: Parapets are required and must have a shaped cap of no less than 6 inches vertical, projecting no less than 1 inch horizontal. Decorative elements of parapets may exceed height limits by 4 feet maximum, and are restricted to 50 percent of the parapet length (Fig. 1.30). Projecting cornices: Projecting comices, if used, must be consistent or compatible with historic structures of the tum of the 20~' century (Fig. 1.32). Awnings: Retractable fabric awnings or permanent canopies for sun protection and the creation of protected sidewalk space are encouraged (Fig. 1.37). Temporary and permanent awnings of plastic fabric are not allowed (Fig. 1.38). FIGURE 1.31 D and cornices. 11 FIGURE 1.30 Parapet elements articulated parapet .-,~ :s -~ ~~~~ 1.33 DO screen roof top equipment to height of equipment ~- I !i~' ~: ~" ;. 12 awnings. FIGURE 1.36 DON'T make an undifferentiated fagade. FIGURE 1.35 DO detail continuous belt course and align. for sun protection. ~ ~ -~~ ~ - ; __ ,' ~ - . ~- MID-BLOCK PEDESTRIAN PATHWAYS Purpose: The purpose of Mid-block Pedestrian Pathway guidelines is to create safe mid-block passages while minimising the interruption of the continuity of building facades, understanding that the primary pedestrian pathways shall be on the street sides of buildings (See Streetscape Design) (Fig. 1.39). All developments in the Downtown District will meet the following requirements for mid-block pedestrian pathways, if those pathways are deemed necessary by the applicent/owner: Location: The preferred location for mid-block pedestrian pathways through a block is at the center of the block (fig. 1.41). Width: In open areas, the minimum width of mid- block pedestrian pathways is 5 feet, with 8 feet preferred. Between buildings, the minimum width is 10 feet, with 15 feet maximum width. Materials: Pathway materials may be concrete, brick, concrete pavers, and/or colored asphalt, and must clearly delineate the pathway separate from any driving surfaces. Lighting: Shielded light fixtures shall be installed to light the pedestrian pathway at appropriate intervals to proved continuous down-lighting on the path surface. FIGURE 1.40 Alley Rear Park~isag ~~ ~ ( f 0' ~': activity on pathways. FIGURE 1.41 Mld-block pedestrian pathway diagram 13 FIGURE 1.39 DO crest pedestrian pathways. t r -- ®®~ ~ ~® ap Visibility: Mid-block pedestrian pathways shall not be obscured by dumpsters, screen walls, plantings, or any other feature to a height greater than 3 feet. Through or between buildings, the pathway will be straight with no side alcoves; the ends of the pathway shall be unobstructed for visual access down the pathway. Prohibited trees: No evergreen trees shall be adjacent to the pathway due to safety, sight distance, and maintenance concerns. ~~ _~ p , 5 ~'.i ;,~~ ~`~ - ~~. ~ ~ ., _ l~ ~'~~~i~ ~~ ~ ~ ~ C ti~~ .~. ~ t ~~ _• ~ ~,,~ ,: `~ ~ 4 4~ h r:.r ~s ~, ~~ .~ L 3 x,, ..- - FIGURE s.44 DO screen with continuous plantings. Fences and walls: Fences, plantings, and walls adjacent to a pedestrian pathway are to be "see through° (20 percent maximum opaque) as it provides better visibility from adjacent homes or buildings. If solid fences or walls are used, the solid portion shall not exceed three (3) feet in height. Building walls should contain windows at first floor to provide safety visibility to the pathway. -. 11i ... -hz Ewa M ~t~ dil s FIGURE i.a3 DON'T build high fences that obscure views. 14 overgrown and obscure views. i ~ ~® - . ®- . STREETSCAPE DESIGN Note: Streetscape Designs in the Downtown District are in the process of being developed in conjunction with Ada County Highway District. Purpose: The purpose of streetscape guidelines is to ensure defined and continuous vehicular, transit, cyclist, and pedestrian environments with consistent trees, signage, and amenities to create identity and to provide an attractive, informational, and predictable environment for business and entertainment. Streetscapes: Until specific new streetscape standards are developed, streets and sidewalks shall be built to be compatible with streetscape improvement built in 1991-93, and as specified by Ada County Highway District. Alleys: Alleys must be improved per Ada County Highway District standards. Shielded light fixtures shall be installed to light the alleys at appropriate intervals to provide continuous down-lighting on the alley surface. ~ ~',~ ~ I v~., -, ;,~ , 1y > ._~~, E y ~ ____ _.. . - f' FIGURE 1.46 DON'T cn3ate narrow harsh pedestrian environments. ~`.~ ~,e X45 ~l'~'y M $$ ~,u ~ ~ ~ ~`e.,, ~ M 7~ a ~ .s ~"Z'`~ '.1x,.2y,-". *^S~~C Y , .~-- ~ r~i~. '~ . ,q ~~~ Y ~ ~ w A r ~. ~ ,~ ,. n r 1 ~ ~ ~ `~" N7` F '"t ~9r t ~'ay+~ ~i. t_, i •J . •:~ S ~'fTL~ p ~ ~ ~ , y~ FIGURE i.47 DO create stn3etscapes with pedestrian amenttles. Y' ~ ~-d A 16 • ~• - . LANDSCAPING Purpose: The purpose of landscape guidelines is to ensure attractive, safe, and distinctive landscaping to add value and identity to downtown and enhance its aesthetic quality, economic viability, and environmental health. Streetscapes: Until specific new streetscape guidelines are developed, streets and sidewalks shall be built to be compatible with streetscape improvement built in 1991-93, and as specified by Ada County Highway District. Streetscape trees shall be pruned with a clear branching height of at least eight feet above the sidewalk surtace and 14 feet above the street. Surface parking lots shall be required to have streetscapes as described above and be screened at the street side(s) with minimum 3 foot high hedges, fences, or walls. Additional plantings, such as Class I trees, flowers and/or smaller shrubs may also be included. (The classes of trees are defined for the purposes of these guidelines by the publication Tree Selection Guide for Streets and Landscapes Throughout Idaho by the Urban Forestry Unit of the Boise Parks and Recreation Department (latest edition). In general, Class I trees are smaller ornamental trees; Class II trees are medium/large trees appropriate for street tree panting; and Class III trees are very large). 7B sidewalks and cars. FIGURE 1.49 DON'T allow branches to grow to low. _. _ _ ..~,_. - FIGURE 1.50 DO screen vehicles with low continuous plantings and alts walls. too low plantings. PARKING Purpose: The purpose for parking guidelines is to locate parking in such a way as to not interfere with pedestrian environments, with the understanding that the Meridian Development Corporation will supply parking for the Downtown District in nearby parking lots or structures. Curbside parking, where possible, will provide short-term parking. Number of spaces required: No off-street parking is required. Ifoff-street parking is provided, the applicant shall provide acxessible spaces as per federal accessibility standards. • __~ _ dra. Yrz~k~x9 Size of spaces: See Meridian Unified Development Code. FIGURE i.sz Parking allowed at rear only Location: Off-street parking is allowed only at the rear of building not visible from streets and in parking structures. Parking is not allowed within first floors of parking garages within 30 feet of street-facing facades. This street-facing area must be used for tenant space with active uses. 17 FIGURE 1.54 DON'T locate parking within 30 feet of streot-facing facades. ®• ~ ~ e cl Screening: Screening of parked cars in parking structures above the first floor must include a solid panel up to 42 inches from floor levels. Structured parking garages will conform to the requirements of the Fac;.ade Treatment, Entrances section in these guidelines, except glazing is not required at floors above the first floor. aW FIGURE 1.56 DON'T 42 Inches. ;~ ~ ~~~ -~ ~~: f i j <~~"~ '~ ~~' ~~ . 1 ~ 18 FIGURE 1.55 DO screen vehicles to 42 Inches. • December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. S-Q REQUEST Resolution -Approving Warranty Deeds from Bear Creek LLC and the Bear Creek Homeowners Association (Grantors) to the City of Meridian (Grantee) for Lot 29, Block 15 in the Bear Creek Subdivision No. 8 for a Public Pedesi~ian Pathway AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~ Wpb CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: C ADA COUNTY HIGHWAY DISTRICT: ~ d SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. %~~~~1/ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION APPROVING WARRANTY DEEDS FROM BEAR CREEK LLC AND THE BEAR CREEK HOMEOWNERS ASSOCIATION (GRANTORS) TO THE CITY OF MERIDIAN CITY (GRANTEE) FOR LOT 29, BLOCK 15 IN THE BEAR CREEK SUBDIVISION N0.8 FOR A PUBLIC PEDESTRIAN PATHWAY, AUTHORIZING THE CITY CLERK TO RECORD SAID DEEDS IN THE REAL PROPERTY RECORDS OF ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of the Bear Creek Subdivision No. 8 desires to donate certain real property for a public path; and WHEREAS, representatives from the Department of Parks and Recreation of the City of Meridian have inspected the subject property and determined that the pathway as constructed is acceptable to the City; and, WHEREAS, the Lawyers Title Company has issued a lot block report on the subject property demonstrating that the property is free of liens and encumbrances. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Warranty Deeds, copies of which are attached hereto and incorporated herein by reference, be and the same are hereby approved as to both form and content. Section 2. That the City Clerk be, and he hereby is, authorized to record said Warranty Deeds in the real property records of Ada County, Idaho for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Resolution for Approval of Warranty Deed for Bear Creek Path Page 1 of 2 • ADOPTED by the City Council of the City of Meridian, Idaho this c~~~ day of ~~ ~ `i ~-yf , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~~day of ~~~-~vJ , 2006. APPROVED: ~ ~> TTEST: e° ~~ A~ ~° , 0 CITY CLERK 9 ~ ~ ; °~~ ~' tg~ „~ ~ ,' '~ m, ,, Resolution for Approval of Warranty Deed for Bear Creek Path Page 2 of 2 \_J Bear Creek LLC. PO Boz 344 Meridian, ID 83680 RE: Pathway located at Lot 29 Block 15 Bear Creek Subdivision #8 Bear Creek LLC and the Meridian city pazks depaztment have inspected and agreed that the walk path azea including fencing located at Lot 29 Block 15 of Bear Creek #8 Subdivision which is to be donated to the city of Meridian has been completed to the satisfaction of both the City of Meridian and Beaz Creek LLC. Meridian City will construct two Bollazds to be placed at the end of the walk path which will be purchased by Bear Creek LLC and ' ed in the spring. Ekoy Huff City Pazks Represen ve shay Deve] Bear Creek LLC. Prepared by Shay Bertola Bear Creek LLC Project Manger read end Baaow~ CORPORATE WARRANTY DEED FOR VALUE RECENED Bear Creek Subdlvbion Homeowners' AssoelaHon, Ina, an Idaho Coiparatian, who aegni~ed 11~ as Bear Creek Homeowners Assoehnion, Ina, an Idaho Corporation QRANTOR(s~ doo~do) heaeby GRANT, BARCiA11~T, SBLL AND CONVEY unto: Bear Crete, T1.C, an Naha I3mibed I.iab~ty Company (IRANTEFS(s~ whose cent address is: ~ >w Discovmy Wiy, Boh~e ID 83?13 the following deacxi'bod real piopariy.in Ada Commty, Steno of Idaho, mono paclicnlady descxlbod as follows, m wIt Lot29 inBh~ck15 ofBEARCRffiC30BDIVISIONNO 8, acoordh~gbo~effielalphet thmeof, ffied inBook 91 ofPbib at Pages 10750 a~ 10'!51, t+eeords ofAda Comfy, Idaho. g c TO HAVE AND TO HOLD the ~idpiemises, withtbeir untothe saidhahs s~ assigas foievor. And the said C~o~{s) does(do) hereby ~rovenant to and with the said Clta~(s). that (iianbr(e) is/aro the owaei(s) is foe simple ofamtd premises; ~ aaidpr~ era free fiom all E%CEPT tlme to wbicbtbis oonveyanooi$ m~lymedasnbja~ sodthosamade, s~br dome by 9re Cirantoe(sr and subject to reservatYons, resirictficros, dedic~tams, , rights ofway sad sue, (ifany) ofrecoid, amt general tasxs and , (mciadmg s~ utility , ifsay) fortho ameat year; whicharo ~yetdne sndpayable, and@~t C#rantat(s) will wamaot and defied the same fi+ami aTl lavvlirl claims vdn~ovea Data B+ceember 19, 200.4 Bear Creek Homeowners Associaetam, Inc. RoaQa Marton, President Tessa Hester; Saa~y State ofIdaho , - Ada County, ss. Onffiis 19@r day ofDecomba~ in the year of2005, before me the dNotary Public iaemt for said Stab, persorffilly appeased Ronne Marton and Tessa Hesbery lmowa orideatiffed to ma to bo the President and Seraatary,respectively, ofthe caapoiation that the or the person wlm eacecaroed the on behalf of said ompamrtion, and ~owle~ me that sr~h easpcratian eBECIrtCd the 98m0. ~~0~~,1S~aY~wC~Dl • i t~ r' tyOTARp'~ . ... ~ -F G tA~'e Pt1B L1~ ~ Resrdmgat: /Vam~a, LD •,, o My CommissionF.rcpires: ~Llov ~q~ ao l l ••°•~;6 0 Lawyers Titl® Of Treasure Va1Yey{~ ~w~os-loos C WARRANTY DEED FOR VALUE RECEIVED Hear Creek, LLC, an Idaho Lfimited Liability Company GRArT!'Olt(s), does(do) hereby ORANT, BARGAIlJ, SELL AND CONVEY auto: ffie City of Meridian, an Idaho M~tdpal Corporatlon GR;~1IVT~S(s~ whose can+ent address is: 33 L. Idaho, Merld6m ID 83642 the following d real property in Ada County, Static of ldaho, more partiailady described as follows, tD wit Lot Z9 is Block 15 of HEAR CRffi~ SUBDIVISION N0.8, aaordtng to ffie official plat ffiereof, ffied in Book 91 of Plata at Pages 10750 and 10751, records of Ada Comriy, Idaho.. TO 1';fAVB AND TO HOLD the said pizmises„ with their unto the said heirs smd assigns fad And tho said Ciramo:(s) does(do) hanaby caveneat to and wi$t the said Q~s~ that Chaator(s) is/are the owner(s) is fee simple of said premises; that said premises are free fi+nm all enamabnmce.s EXCEPT those to which this conveyance is espnsa~Iy made subject sad those made, suffered or done by the Cna~s); and subject to irsetvations, redactions, dedicdionv, easem~, ~~ ~~ ~ C¢~y) ofnxiord, and general taxes and , (~ ~ ~~' , ifany) forthe causal year, whichace not yetdue andpayable, and that t'naatoi(s) va8 araerant and defend the same from all lawful cle®s whatsoever: Date: December 19, 2005 Bear Creep LLC . Jo State of Idaho , Ada Comity, m. Oa this 19th day ofDecember, m the year ofZtmS, befame mo theundeasignedNolazyPnblio in e~fot mid State, PAY aPI ~g'm9 B. Johnson, lamwa orideatifiedto mleto bathe ofd limited company that eaecated the. inshv~ or the person who executed the on behalf of mid limited liabr'ht' y company, and aclmowledged to me tbat such limited liability company executed thg same. .~ cQil~-C. DAVID ROSE Darr ~ NOTARY PUBLIC ~~ ~ ~~ ID 8TATE OF IDAHO My Commission Expires: 3-s-2010 Lawyers Tale of Treasure Valley • December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. 5-R REQUEST Resolution -Approving an Extension of the Park Development and Impact Fee Reimbursement Agreement for the Construction of a City Park in the Champion Park Subdivision until June 1, 2006; Ratifying the Signature of the Mayor AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: COMMENTS See attached Resolution Phone: Staff Initials: Materials presented at public meetings shall became property of the Cffy of Meridian. CITY OF MERIDIAN RESOLUTION NO. ®o ` BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION APPROVING AN EXTENSION OF THE PARK DEVELOPMENT AND IMPACT FEE REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF A CITY PARK IN THE CHAMPION PARK SUBDIVISION UNTIL JUNE 1, 2006; RATIFYING THE SIGNATURE OF THE MAYOR THEREON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of the Champion Park Subdivision entered into a Park Development Agreement to construct a City Park by December 31, 2005; and, WHEREAS, the developer of the park has requested an extension of time to complete the park until June 1, 2006; and, WHEREAS, all other terms of the Park and Development and Impact Fee Reimbursement Agreement remain the same. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the December 22, 20051etter of extension attached hereto and incorporated herein by reference, be and the same are hereby approved as to both form and content. Section 2. That the signature of the Mayor on the December 22, 2005 letter of extension is hereby ratified. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~r~da Y of ~ , 2006. Resolution for Extension of Champion Park Construction Page 1 of 2 APPROVED by the Mayor of the City of Meridian, Idaho, this ~~da of Y ~~~ , 2006. Resolution for Extension of Champion Park Construction Page 2 of 2 • December 22, 2005 City of Meridian 33 East Idaho Meridian, Idaho 83642 Attn: City Clerk Re: Champion Park City Park Extension Hillview Development Corporation hereby requests an extension of the "Park Development, Park Impact Fee Reimbursement, and Real Property Conveyance Agreement" until June 1, 2006 for the City Park we constructed in Champion Park Subdivison. This request is necessary due to the delay in obtaining a building permit for the restroom building and due to inclement weather. We have coordinated this request Doug Strong and Eiroy Huff of the Parks Department and they are in agreement to allowing it. Sincerely, ~ i,_ ;' ~ Jim rkle~j Presi ent Hillview Development Corp Approved by: City of M t 'an ~ Date Cc Doug Strong Resolution for Extension of Champion Park Construction - 3 of 3 • Date: December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. S-S REQUEST Selection of Firms for Calendar year 2~6 for Engineering Services for Miscellaneous Wastewater Projects AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed• COMMENTS See attached ~~",r • Phone: • ~icni rnmcai~. Materials presented at ptr~lic meetings shall becornp properly of the CHy of Meridian. ~ ~ RECEIVED ®EC 2 9 2005 City ®f di~eridia~a City Clerk ®~ce Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 12/29/2005 Re: Proposed Agenda Item for January 3, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 3 City Council agenda, under Consent Agenda, for Council's consideration: Enaineerina Services for Miscellaneous Wastewater Proiects The Public Works Department would like to renew the selections for the engineering services for the Miscellaneous Wastewater Projects. Recommended Council Action: The Public Works Department recommends that City Council approves the selection of firms for calendar year 2006 for the miscellaneous wastewater projects. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 ~ ~ FY'05 MISCELLANEOUS WASTEWATER PROJECTS Consultant Roster Selection Date: 1/3/2006 Proposals Submitted: 11/5/2004 Nofe: Names in alphabetical order, not ranking Wastewater Treatment Planf Projects Carollo Engineers CH2M HILL HDR Engineering, Inc. JUB Engineers, Inc. MWH Brown and Caldwell Major Collection System/Lift Station Projects CH2M HILL Civil Survey JUB Engineers, Inc. Keller Associates Smal/ Collection System and Appurtenance Projects Civil Science Civil Survey Engineering Northwest, LLC JUB Engineers, Inc. Keller Associates Sewer/Water System Modeling CH2M HILL Civil Survey HDR Engineering, Inc. JUB Engineers, Inc. ~ ~ December 30, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 3, 2006 ITEM NO. S-T REQUEST Americorp Youth Coordinator Agreement with Bud Henthorn AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Agreement CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY yy~~ p" CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe CHy of Meridian. • r~ AMERICORP YOUTH COORDINATOR AGREEMENT THIS AGREEMENT, by and between THE CITY OF MERIDIAN, an Idaho municipal corporation, (hereinafter referred to as "CITY") of 33 E. Idaho Ave., Meridian, Idaho 83642 and Franklin L. `Bud' Henthorn (hereinafter referred to as "HENTHORN") of 1296 N. Golfview Way, Meridian, Idaho, 83642. 1. Scope of Services: HENTHORN shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. The position shall be funded in conjunction with a grant program administered by the University of Idaho as sponsored by the Aynericorp program, hereinafter refered to as "GRANT.". 2. Time of Performance: This agreement shall become effective on or about November 30, 2005 and execution by both parties, and shall expire on September 30, 2006 unless earlier terminated or extended. Extension of this Agreement may be made at the sole discretion of the CITY and may be dependant on securing continued funding from the GRANT. Indemnification and Insurance: The GRANT portion of this program shall cover all necessary insurance needs of HENTHORN. The CITY and HENTHORN have no obligations to provide insurance or indemnification as part of this Agreement. 4. Independent Contractor: HENTHORN shall be deemed to be an independent contractor as Americorp Youth Coordinator. HENTHORN shall not have mandatory duties except those imposed by the GRANT, law, or regulation and those necessary to carry out the terms and conditions of this Agreement. Nothing contained in this Agreement shall be regarded as creating any relationship (employer/employee, joint venture, partnership, or shareholder) between the parties other than the independent contractor relationship as set forth herein. For the purposes of the GRANT, Americorp will pay the necessary FICA withholding for their portion of the stipend. This in no way affects the relationship of HENTHORN with the CITY. Nothing is intended by these directions or requirements to alter or change the independent contractor relationship detailed in this Agreement. HENTHORN is, and shall be treated by CITY as, an independent contractor (statutory non-employee) and not an employee for state, tax and for all other purposes. He will not be treated as an employee with respect to the services performed by his for federal tax purposes. HENTHORN hereby acknowledges that AMERICORP YOUTH COORDINATOR AGREEMENT -page 1 of 6 He has been advised by CITY that as an independent contractor (non-employee) affiliated with CITY. He is responsible for the payment of all his own federal income taxes and his own self-employment taxes (FICA), together with any and all corresponding state, county and local taxes, if any, and he hereby agrees to comply with those responsibilities. HENTHORN hereby waives any claims he has or may have against CITY now or in the future respecting such taxes or the right of CITY not to withhold, not to pay or not to contribute to such taxes on his behalf. This Agreement contemplates that HENTHORN will represent the CITY in meetings, committees, institutes, work groups, forums, or similar manner in furtherance of the GRANT requirements. He may represent the CITY on behalf of the Mayor or City Council at their direction. He may occasionally be directed to attend training or conferences at the CITY's expense as the CITY's representative. If directed by the Mayor or City Council to attend such events the CITY will incur the costs and expense of the travel and necessary expenses for attendance. Nothing is intended by these directions or requirements to alter or change the independent contractor relationship detailed in this Agreement. 5. Compensation: HENTHORN shall be compensated as the Americorp Youth Coordinator and related services in furtherance of this stated goal and objective pursuant to and specified in attached Exhibit "A." HENTHORN will be paid a monthly stipend from the City of Meridian in the amount of four dollars and twenty-five cents ($4.25) per hour not to exceed seven thousand, two hundred and twenty-five dollars ($7225.00) for the fiscal year `06 or one thousand seven hundred (1700) hours of work performed for the term of this agreement. HENTHORN will also be entitled to submit mileage claims related to the performance of this agreement monthly to the City for reimbursement at the current IRS rate. 6. Method of Payment: HENTHORN will be paid by the CITY monthly on or about the last business day of each month. HENTHORN will submit a monthly accounting of hours and tasks worked on in furtherance of this agreement. Mileage expenses will be paid with thirty (30) days of the claim that are consistent with this agreement. 7. Work Station: The CITY will provide a work station, including the use of a city computer, in City Hall for use by HENTHORN in furtherance of this Agreement. All information, materials, work product that is created in furtherance of this Agreement shall be deemed the property of the CITY. HENTHORN will comply with all CITY policies in relation to the use of the work station and city computer. Nothing is intended by this provision to alter or change the independent contractor relationship detailed in this Agreement. AMERICORP YOUTH COORDINATOR AGREEMENT -page 2 of 6 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Franklin L. `Bud' Henthorn 1296 N. Golfview Way Meridian, Idaho, 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that HENTHORN shall not have the right to assign, transfer, or sell any of his rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the services required herein, HENTHORN shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for AMERICORP YOUTH COORDINATOR AGREEMENT -page 3 of 6 examination all of HENTHORN'S records with respect to all matters covered by this Agreement. HENTHORN shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of services required hereunder, HENTHORN shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of HENTHORN's compensation, which are mutually agreed upon by and between the CITY and HENTHORN, shall be incorporated in written amendments to this Agreement. 18. Termination: For Cause: If, through any cause, HENTHORN, fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages or is charged with any criminal conduct (either misdemeanor or felony), fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to HENTHORN. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: If the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to HENTHORN of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. HENTHORN may also terminate this agreement at any time by giving at least thirty (30) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by HENTHORN under this Agreement shall, at the option of the CITY, become its property, and HENTHORN shall be AMERICORP YOUTH COORDINATOR AGREEMENT -page 4 of 6 entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, HENTHORN shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by HENTHORN, and the CITY may withhold any payments to HENTHORN for the purposes of set-off until such time as the exact amount of damages due the CITY from HENTHORN is determined. This provision shall survive the termination of this agreement and shall not relieve HENTHORN of its liability to the CITY for damages. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Dated this ~ ~ day of <..1~ 1C~~'L%Cet.~'t~/ , 200 ~ ~' FRANKL L. BUD' HENTHORN AMERICORP YOUTH COORDINATOR AGREEMENT -page 5 of 6 ~ `~ Dated this ~ day of ~~ ~~l'LL~~ti~r~ , 200 l.~ CITY OF MERIDIAN T Y D ERD, MAYOR 0®~®'~~ ~~~ 'g : Bsg®®~o ~o `•'~, Attest: WILLIAM G. BERG, JR., ~~~~ ~~ ® ~~~ ~~ ~ o° ~® ®~ ,,, ~`rr,rrrrr o. vyat~0°~~~,, AMERICORP YOUTH COORDINATOR AGREEMENT -page 6 of 6 i e~ `~ a "-~ ~ .® W' F ~. ~~ ~, ~ u ~ ~ C a i a i O ~ Q ~ V ' a ~ ~ L ~ .L] ~ N a Q E Q ~ .~,~, .._ ' ~_ Mme. .'~~: ^~":_.`~-{y'1~yk ~ 'S4'_~ :Iw-' .: ,.. ...it!- ~";,_ 5. -.c. ~~ w ,~ u d H L ~ /p{\~ ~ Sao ~ ~ ~ ~ ~ ~ Q P 0 ~ ~ ~ -o •~ N s ~ v ~ ~ ~ c ~ m ~ ~ ~ O ~ F L ~- c ~ •~, c +~ ~ ~ U L L ~ ~ ~ '~ ~ ~ ~ ~ L V `~° /A ;~ ~y ~ W '~ k a ~ i°'+ W Vl ~ ~ '~ So C ~ ~ ~ ^'~ 0. ' H a 10+1 ~ ~ 0 $ O '~ ~ ~ ~ a~+o ~.~ 0 N' 1 ~ O :O Q O O V .~ ~~~. ~ .ego o ,,~ = S ~ ° ~'= ~ o m .a, , ~ :~ W _v r L ~ la~o ~, + ~ I q f4l k` a ° ~A -- t--,~ - - ' '~ ~ - ~ ~ 4 ~'.'_.,~- ~ ~ 0 r t~ i' ' ,. ,i 337: • ~ ~ ` . ~,°~ ~ ~ ~ a ~.r.~ • ® ~ f~} ~ ;., • T, E t, _ . ;AmenCorps. Programs'. Americo s~VISTA . ? ,..Err ~ h ~. . ~P x AmeriCorps NCCC ~r r~~ `~ +~~,i ~ ~~ ~~`~ ~ ~iert~ian'~1,000 separate ~ (Voiunteers~ in Servit:~ ,. ~~:= (National Civilian 7~'.- -~ € E r''o+ .t~fa1~+:~'Vi?~ i:ki~,~ prr~grar~sy=~ 3 tr + c.; i ,: t6 ~ltnerlca~ I. rtr,h n t e $ ' ' ~. a , ~ , - Community Corps} . ~. r. ,t,~>. p7f Ps r^1}~~ ~y~ fi ~ ~.~.~'~,a`C~ ~t .w~ I `~~ IL, I.°' .;a{ .~ i.5'.~ i.sr'. . .t t.i,ryr E;ti,'tt. ytp~, 7 N{L'. ti ~ ( t`TC':, r ,i ~ ~ ~ P 1~ 1 nd ~ ~ a' • ..' ~ . ~, j ~ ~~~~~~~' ~rs servr# etther m teams or Members serve'throu tt_~ ~ ~_"~ ~tf . 2 > b 9 Prnate , Members live in a campus ,y,r ~~, f~,~~, s„ ,st,.. ,, {~~ 9 ;, ~(},. «tlt~upl~,,,rtabonal~n~l orgatuzat4ons ao~+Pu~lic~nor~tj; : emrironmeM and serve m teams . .~ . `,.~. - ate and proftt agencies, addressing __ ..to complete a variety of service- ' j r ~: •,~ j t ~ ~ ~- ~h~°r~an ~~ .Members : issuesrrelated to Tarty- ~, ,~3. proj,.e~ts in the areas ofaduca~y;., ra~r~~ ~,J,~ ,~ ~ ,,, ~,t ~._ ;~~ ~t~-b ~ nY pr0,blems. such as pu~hc~iealth, e~~t~on, lion.. Public safety, disaster relief, ~' ~ + - thou, g fd~rect ark iridir~ct sent- the environm~artt,,Pirb~jc ~fety ernironmental conservation ~ ?{irrEl~' :t ~i t ~ e:ri filf@? 4 t.u;,tawra ;h,x; -r'..; a r S`r'i .and - ~~~~ r~a~ri; a , ;w~ ~ ice','~ii ,. #~ r 2 of ed~r. ,; and employment-tiy developing other commun'tty needs. • pubic , the`endronment, and mobilizing resources that Members often travel to projects ,.xr,,~ ``r ~ ~ ~ 's.~' and other human needs, such assts long-term sustainable throughout their region. • • • ~ ' `" . _, as health and housing. benefits at a commun'tty level. ELIGIB~ ~ r' ~ .-. .~ +~3nts must 8t lea r ,, ~~ i3 ;;.~~ rfc „ ,, ~ ~ St Applicants must at lea ~ • { •i',. „ . ' ;; ` 17~.` r~loid;' •a' lj.S..c`ttizarr 18 earl old and~U:S. °c r~ ~'` Applicants must be tlj to 24 ,, .;.:.,. ~ , <t~••. Y ittzen, years old while they serve and . ..... : ,~ U' 't'tea'~dnal; or lawful perms- U:S. national, or lawful pemia-. _ a.U.S. citizen, U.S..national,•or Went ra~ident alien of the U.S. Went resident alien of the U S, lawful ~mumer~res~dr#rrt alien- n~ / 1 oftha C L.h-,r,:~p,'. !YJ I f ~ .[a, L.~~bT ~~t ,L ~3{ ti+1',,={~t f} ~ ° f .y.. , .. .. U.V. } ! _ - ~~ ~~ ~ ~ . All stdli'ievels`are ne jaded, •A bachelor's d ~ a~ sreei ,;r All skill levels are needed. `° a~~. r ~- ~ x, rs of related volunteerrob -- _. _ - . '. _ _ experience is preferred. ~ . ` ; ~~ r r _, -,x } z I v ,: I J. - - .. a, rr }P srz',:~'' 4.. } ~ - ~~~ 3~{,t~6~ ~ ~ ~}one5year : , s ,• i Fuli ttm~ for qne yrtart ~n ~ ~ Full time for one year. r ~ _~ F '' ~~~~ ~~ .~ .~ ~ .. (No part ~~ semc~ . ;:, .. ~~r: (Na part time servico "~_ « op ~ n es are available. o ortdnities available.i ; o rtunities availatile.r ,:.,. _ ~ ~ : t , . PP ppo 3#~~;, LIiIING'~,4WANCE M .~,~ ., ~; ~~~~~~~~' ~~ ramsp~~idQ a modest : A modest Innng allowance is , • A modest living allowance,is:• ~, a ~ ~ . ~•~ a ~ n alb" _ . ~ nce Qa~d~rvveekly. paid biweekf t.,~;• . , y:~,,;, r,, .: ,. ; paid triweekly, „,.: , ,ROOM AND 8~11~~ . In most.cases, members are `~ IiAemba~ are'resiidnsibte'for crni==`' . s.; '' j' '~ ;°`~';~ ~ : responsible for covering their ~ • ; sting their own housing and ` ~~'~ ` sY'i'i ``'~ ~`~''`~`.: oVllfl'housing and meats from meals from their living allowance. -a- t ~t3~ qtr}! ;1tcr, ~' '~~I tx~ ktt;.: their living allowance.. ~~~~A~V ~YYI~RDlS~F1FENQ Ulmn completion of service ~} axe ~.y r s3 ~y=. -~N% . , members receive a $4.725 ~:: . '~- oduCation award for full-time .~ ~ ~ rvi a Rn the form.gf.a Upon completion of service, members have a choice of a $4,725 education award, in the . form of a voucher, or a $1,2QQ cash sttoend_ - ' Members are provided with. hous- ingand meals and live in dormi- tory-style housing on one of five campuses. Upon completion of service, members receive a $4,725 education award, in the form of a voucher. ~a~e. 2 0~ q ,,, Over~tiew ®f' ~ • . ®. • ,~ .. ~ ~ AmeriCorps members have an opportunity to make a lasting impact on the lives of people in.the communities they • ~ serve and their ovm. One of the ways thatAmeriCdrps can impact your Iffe .is to~help:you reach your goals with an educd~- swvarden~.yot~_sucossfully complete'your service, you will receive an°education award that you can , use t~pay,,#or~igher educaticrt or~training or to repay•qualified student loans. ' x - ~ To qualify for an education award, you must wccessfully complete the required "term of service" for the program in which .~ partidpate•-either ~1meriCorps*VISTA '(Volunteers in Service to America), AmeriCorps*NCCC (National Civilian:Community Corpsj, or:ore of'the'otherhundreds :of programs in the AmeriCorps network. ~ps*~~ISi~r.~gerrrb~:rLs~"~'' moose a cash '~~ ~~~ ~ ~ . ~ ~~ ~~# .. ` \ ,pajimerit oi; ~100.OQ filer month of. service instead of flie;education~ .' awarr~ ;All ot~ier ri~ emrs are eligible onlyy far the •education ~nrard,. ~ ~ - . -~ _ ~~ -.~ ~ ~ • • . , ' rri!71~~%r 14 ~:~'f4i3 Y!Y'fS t~~I4 tibi FF ` d'i±5*ii.i` ~' : •,:~ ' , . ,,s ~.. . ~ . How~~3~ou Can fase:Your Education Award ~ ~ . . ~ . • . • Ytstl can.use you~.education award in' the following ways: .. , . . ~ ~'v`~ ~.`''`'~~to't+eptaji°~'ualified'ezistirig ~or future student loans; _1 ~ .. .. _ <: ~x.;~::~ :~ ~Pil~~~' pan ~of;tltie:cost of attending a qualified institution of. higher education ' • ' . ~ ~ (i.~us~0attdip-~cational pn~grams);nor . I'to.pay expenses while.partidpating in an. approved school-toann~rk program.. ' ^it:} ,..,},tc:;:i -3~Fr~ rust:. .:i~ `c.. - ~ - ,. ~, : . . ~ :rT~~:~~!QU~?t.o.~~o~r Education Awar.~l• - ' ' •. TI~~ arr~ount of ~Iqur award.depends upon•whether your temp of. service is full-time or part time. .. y ~'' ' Ptease'note: Tfie 1R5'fias determined then education awards are subj~t to income taxes in the .7:~:F4~Ye`~'i~tlieya~i~~n~usedg~~, ~`f"~-. ~,.-:..;:': ~;r....r:<:. .. :._ ' FuIF'Time (54.725.00). AmeriCorps members who successfully serve at least 1,700 hours during :. a• perl~d of Wing, months to..one year are .eligible to recp~e: an award:. of ~S4,725.00. ..~~ ~ ~m ea ; a S4,7I5.00 education award 6yservirig full--time for one year. .. ~•.~i''i~~-Ll~t..>~'~'~s.:s~l ~~.Y~x:i:~ilil ti?~ ~l':. +d ;.. _ „ ,:'~ ii, ~~. e Part: Time (52362.501, emPrlrArRC mnmhn.,r u.hw ~ ~.r..ll.. ___~__ ~ ~ ~+3' aai~~y r:E,~#g~b.'!' K7 f` "` it +~.;. 5- ._..............~...wwn~ x~ ~c ay 14a~1.; -~ :..; 90a~ho~urs; se~rioe~durjn~ a penod of •up to two years are eligible:to.:, " qa rr, ~ • Bedute t~.Pa '~; ''~ f'ndlvid~ia~lYvht `+~' i '.~ ''~' ' '' S' ` ! ~i c~ v f ~~~~ mR~' t ~ ~. x~ :` ~ .,,. ,;., tits` ~"•. + tr ., r;: t~me~"''~proportionel to number of hours served). ,~;^i~ 'l1-e as AmeriCorps members in a spedal program ~(~n3d during the wmmer) may be eligible for an' : ~ . • . of ~'~tua p~`oparttohal tdthe h~i~mber of fiour3 served: ~.~ ` '' - ~y~41~1~r ~rd~rams offer ed`uCatio€t a~vard~`c~~~'~.~~t, :~'=, ~I~i,l~e-~ .~c ~'~- 3 ~ g AmeriCorps Page 1 of 6 Contact Us I Site Map 1 Site Index Enter a Search Term Ef's' Focros I Advanced Search FONT SIZE: Default I Large +¢- _.s~ _ - ~ v-.`. ~ ~y For Individuals Why Get Involved? I'm Ready to Serve Benefits of AmeriCorps Service Frequently Asked Questions Current Members Alumni Spread the Word Select a State _ ............. Other National Service Programs ~ . Hurricane Volunteer Support Fund In the wake of the recent hurricanes, the Corporation is coordinating volunteers to assist with repair and relief efforts in areas affected by this devastating storm. Your donation will support volunteers in providing food and shelter, managing donations, helping victims get necessary assistance, and long-term rebuilding efforts. Donate Now to our Disaster Relief Fund +'~:lt;'1i1rir;`.b~~` :at~r~'!+J4'a1 Enter Email Address For Individuals > Frequently Asked Questions Below are a some of the most frequently asked questions about serving In AmeriCorps. • I'm confused. There are different programs, with different names, but they're all AmeriCorps? • Is AmertCorps like Peace Corps? • Do I get paid? • What if I'm out of school and not interested in the AmeriCorps Education Award? Can I get that money in cash? • How long are the assignments, and are they all full time? • Can I join if Pm not a U.S. citizen? • Is there an age requirement? • What skills do 1 need to have? • Can I defer student loans during my service with AmerfCorps? • Will I get any training before I start? • Frequently Asked Questions for AmeriCorps•NCCC I'm confused. There are different programs, with different names, but they're allAmeNCorps? Yes, basically. AmeriCorps is a national network of hundreds of programs throughout the US. There are two programs that are managed nationally: AmeriCorps•VISTAend AmeriCorps•NCCC. The other group of program come under the general heading of AmeriCorps, and they are found in local and national organizations throughout US. Depending upon your interests and availability, we can help you determine which program might be best for y. Is AmertCorps like Peace Corps? Yes. AmeriCorps is often referred to as "the domestic Peace Corps." Both agencies are committed to service, and both offer challenging and rewardingfull-time opportunities. Peace Corps assignments are ail overseas, and AmeriCorps members serve only in the US. While Peace Corps Volunteers serve for two years, a stint in Americo usually lasts 10 months to one year. (Some AmeriCorps projects also offer part-time opportunities, and some AmeriCorps members serve more than one term of service.) Do I get paid? For all AmeriCorps programs, members receive a modest living allowance, and some programs provide housing. ` may not save much money during your year of service, but most members find the living allowance to be adequatt cover their needs. AmeriCorps members who complete a term of service also receive an AmariCorps Education Award. What if I'm out of school and not interested in the education award? Can I get that money to cash?. If you're part of AmertCorps`VISTA, you may opt for a cash payment of $100 per month of service instead of the education award. All other AmeriCorps members are eligible only for the education award. How long are the assignments, and are they all full-time? Partnering to Answer The time ~mmitment varies, from ten months to a year, depending upon your project. Most assignments are full- the President's Call to time, but there are some part-time service opportunities available. F~'~ t0i•' Service Can I join if I'm not a U.S, citizen? You must be a U.S. citizen, national, or legal permanent resident alien of the U.S. to bean AmeriCorps member. Is there an age requirement? You must be at least 17 years old, although some service opportunities require you to be at least 18.1=or one of o~ programs, the National Civilian Community Corps (NCCC), members must be between 18 and 24 years old, but fc most there are no upper age limits. http://www americo s or /f d' 'd rp . g or_m rvt uals/faq/tndex.asp 11 /3/2005 About Us For Organizations For Individuals Our Programs ~e~iCorps . Page 2 of 6 What sldo I n®ed to have? Some programs have spedfic skill requests in certain areas, and others loop for a bachelors degree or a f®w year. related votunteer/job experience. For others, your motivation and ~mmttment may be the primary requirement. Can I defeP stud®nt loans during my service edith e~meriCorps? You may qualify for pos~onement, or forbearance, of the repayment of your loans during your services. The. educe award will help you pay oft qualified student loans when you're finished. Contact your lender for more spedfic Information or to confine your loan smtus during AmeriCorps service. WIII 1 get any training before I start? ~~ IY• All members receive tratntng at the beginning of their service, as well as projec¢ specific training during ~requenf/yAskeaf QuesflonsAboutAmer/Corps*AfCCC What la AmeriCorpa'NCCC? AmeriCorps•NCCC (National Civilian Community Corps) is a resklential, team-based, national service initiative the engages young adults ages 18 to 24 in full-time service. Opereted directly by the Corporation for National and Community Service. AmeriCorps'NCCC is part of a national network of service programs that help local communit address their oompeiling needs. There are currently more than 50,000 members serving in AmeriCo~ps•NCCC, . eriCorps•VISTA; and over900 other AmeriCorps•State and National programs throughout the country. What Is the AmerlCorps•NCCC mission? The AmeriCorps•NCCC mtssbn ts: To strengthen communities and develop leaders through team-based national oommunriy service. What do AmeriCorps'NCCC members do? An'reriCorps•NCCC memt>ws perform team-based service projects to six differeMareas-errvironmsnt, education; public safety, unmet needs, homeland security, and disaster retlef-in communities in all 50 states aa~d U.S. Eerritor What are the benefits of serving with AmeriCorps"NCCC? AmerlCor~•NCCC members receive a living allowance of aPProximately 34,000 for the 10 months of service (abc x200 every two weeks before taxes), housing, meals, prrrited medtt~l benefits, up to 3400 a month for childcare, if necessary, member uniforms, and an. education award of 34,725 upon successful completion of the program. What orgarUzations does NCCC support? NCCC supports faith-based and othercommunity-based organtzatbns; natonal nonprofits; schools: local munidpalWes; natbnal and state parks; and Indian tribes. What do the medical benefits cover? The medical benefits plan covers ail injuries and/or illnesses suffered during service and most pharmacy needs. TI plan does not cover medical care for pre-existing medical illnesses and/or injuries. Can I bring my chlldlchlldren with me to the campus? Children are not permitted to five with members at the campus. AmedCorps•NCCC membere with children. must m arangements for someone to care for thetr child/children while they are to ttre program. Members that have custo< of their d>ildren are eligible for up to 3400 per month to help pay far child care while they serve with the program. What are the minimum requirements for partidpatton In AmeriCorps•NCCC? Members are required to complete 1,700 hours of service, including 80 hours of Independent service adivffies. Members must be able to serve effecdively with a team of indhriduals from and within communities of diverse cultur ethnic economic, geographic, and eduk~tton backgrounds. Members must be able to communicate, to some extei in the English language with peers, supervisors, staftarrd other tndhrkfuals. They must comply with the rules and. regulations outlined in the AmeriCorps•NCCC member handbook Membere must be able to perform physical labc sometimes in stressful environments and adverse weather oondttbrrs. They must be wililng to s~rre long hours beyond the eight-hour workday, deploy to any location in the region served by the campus, and be able to deal wfi sudden and unexpected changes, . What Is required to successfully complete the program and receive the AmeNCorps Education: AvVard? Members must serve the full ten months and complete 1,700 hours of community service, tnduding 80 hours of independent service. If a member departs the program early, he or she forfeits the education award unless there is compelling reason. in which lose the education award is pro-rated. Details are explained in the member handboc - Where are AmeriCorps'NCCC sites? There are cumentty flue campuses that serve five regions. Three are located on dosed military bases in Sacremen CA; Denver, CO; and Charleston, SC. One campus (s located at a Veterens Medical Center on the Chesapeake B in Perry Point, Maryland, and the other Is located on a muntdpal facility M Washington, D.C. When do the AmerlCorps•NCCC campuses open? We have two start cycles: the fall and winter. The fall cycle campuses are tn.Charleston, Sacremento, and ittp://www.americorps.org/for individuals/faq/index.asp p~ • 11/3/2005 eriCor~s ~ , Page 3 of 6 Washington, D.C. and open in late September and egrty October. The winter cycle campuses are in Percy point, a Demrer, and open in January. What states are covered by each region? Capital Regmn Campus (Washington, DC): Ohio, Pennsylvania, Virglnta, West Virginia, Washington; D.C. Central Region Campus (Denver): Colorado, Illinois, Indiana, Iowa, Kansas, Midttgan, Minnesota, Missouri, Mont€ Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin, Wyoming Northeast Region Campus (Perry Point): Connec~iart, Delaware, Maine, Maryland, Massachusetts, New Hampshi~ New Jersey, Naw Yark, Rhode Island, Vermont . Southeast Region Camtws.(Charieston): Alabama, Arkansas, Florida, C3eorg~, Kentucky, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, Virgin Islands Western Region Campus (Sagamento): Alaska, Arizona, Califomla, Hewett, Idaho, Nevada, Oregon, Utah, Washington, Padflc U.S. Territories. What are the appitcatton deadline dates? There are two deadpne dates, one for the fap cycle-March 15-and one for the winter cyde~luly 15, However, members are encouraged b aPP1Y ~dY~ bemuse selection is continuous and the Bass may be tilled tiefore the appltcatbn deadline date. What are the selecfion process and criteria? - Ap epgible apppa-rrts wip receive an adcnanrledgementIetter and further information about the pr'og~'withtn thre weeks of submitthtg theU apppcaflon. They wID be instrudr3d to cap a toq-free telephone number to continue the selection process. At this point the apppcant wip be scr~ned for an interview based on his of he'tesporse to sevr questons about the appparrrYs wppngness to partidpate to ap aspects of the progrem. Ali app cants who"'sucoessf dear the interview screening are scheduled for an fiterview wiflrin five to alx weeks of receipt of their fire apppcatic 1. Interviews are corrdudsd by NCCC staff. . 2 The Interviewer asks questions that (oars on the apppaarrt's irterest arM wppngness to partidpate fully in g residential, team-based service program; flexibility end adaptability; oollaboreUon and aooountabpity; and what the apppcant wilt bring to, and how he or she will beneftt from; fhb experience. 3. Ail apppa~nts are informed of the status of their Interviews wfthin three weeks of the interview via map. 4. Applicants are eiflrer Invited to serve and assigned to a campus, placed on ftre alternate pet, or informed tt they have not been seled;~ to serve with the NCCC. 5. ff invited to serve or placed on the alternate pet, the apppcaM will have to respond within 10 days of receiv the letter by returning the oonftrmafton form, a completed medial history form, and ftngerprint card in a stamped, addressed envelope that Is provided in the mailing. 8. K we don't hear from the appparnt by the date idenflfled, the apppa~nt will be disquapfled and inepgible for servke with the NCCC for this spedflc term of service. How long is the aetedlon process or how long will it take before I find out the status of mY appticafion? . Our goal is to complete the selection process within two months of receiving the apppcatbn. Thfs means that two months after we receive an applicattan, the apppaarrt stroutd know if he of she has been~aooepted; plaid on the alternate I~t or not accepted. However, there are marry Instances when it may.take longer than two months. What re the ratio of applicants who actually get in? In the past five years, we have received approximately four applications for every available member slot H 1 arrt assigned to the alternate Ilst, what is the probabiilty that I will be irniited to serve? We have invited at least 50 percent, tf not a great deal more, of alternates ro serve. How long Is the interview? An interview generepy lasts between 30 to 45 minutes. The timing depends on the person interviewing you and ho you respond b the questions. Once the Interview re completed, when will l be notified of acceptance or dental? The apppcant is ttotifted of the status of their interview within three weeks atteT completing the Interview. What questions will be asked duHng the Interview and how should 1 prepare for the (rrtervlew? The questions wip focus on things that wip help us determine your interest and willingness to serve in a residential, team-based service program, flexiblpty and adaptability, coilaboratton and aooountabtlity and your personal goals. You can prepare for the interview by finding out as much as possible about the NCCC program. You should respo to the interview questons sincerely and honestly. WIII k be a group Interview or one on one interview? Ap interviews are concluded by telephone one on one with an NCCC staff member or team leader. ~ ~ ~ http://www.americorps.org/for individuals/faq/index.asp 11/3/2005 !falill l be placed at the campus that III conducting th® interview? Possibly. Campus assignments are random. Can a parson txlth a criminal background serve in the NCCC? ' It depends on the offense. ff someone has been found guilty of certain felonious cximinalacts (i.®. ads of violence' or she would probably not be eligible for the NCCC progrem. Can I s®lect my projects? No. Projects are developed by staff and assigned to teams to ways that vary from campus to campus. Will l be able to develop any projects? Aq members have a requirement to complete 80 independent service hours (inducted in the total 1,700 hour requkement). These are projects that members can develop and execute on their own. Can the 80 Independent hours be completed In my home state during my vacation or other leave time? Yes. Members should coordinate aq Independent service projects wqh the staff at the campus that is responsible f~ supporting members in this effort before they perform the servkja. Th~ way the member wiq know beforehand if th Proposed service activity wqi count towards the 80 hours required. ~ Each team wiq Perform (between four and six ro eds durtn the P 1 g Pam Y~ WIII 1 do a project In each of the service areas? The NCCC will make every effort to provide teams with a wide range of project experiences, but there is no guarar that a team wql complete a project in~every service area, • What does "spike" mean? A space is a project that requires the team to establish temporary housing M the community where the project is be conducted because it is too far.from the campus to travel to and from every day. Spike acoommodaflons have included camping, migtary fadgties, youth hostels, cabins, private residences, dormitories, eta The team wilt Itve it that community for the duretbn of the project in whatever fadlities that are provided. How do teams get to project sites? Teams travel to the project efts in a 15-passenger van. Some team members wql be c~rtifled as drivers, Certified drivers must attend a driver's lass arxt take a drivers test at the campus. These are the only members who wiq bi permitted to drive the NCCC vehicles. WIII I automatically be assigned to fire fighting? No. Aq members recei,-e basic disaster regef training Igoe CPR and first aid, but members must qualify for fire flghti training by suooessfugy completing an endurance test Last year, approximately 16 peroent of NCCC members we trained as firefighters. Is tt possible to receive college credit for parttclpating In AmeNCorps? Some membere in the past have received credit for their servicre experience, but that is something that you must . negotiate with your college or university. . H f don't have my hi8h school diploma. will the NCCC help me get my OED? .. •=~ Yes. Aq members wql develop an tndtvidual Teaming plan at the beginning of the year that outlines their personal .ta,".: - leamin oals while the are in the g g Y Pr'o9~• NCCC staff wiq then help the member develop a plan to achieve thos pereonal learning goals, including getting a GED. What skills will l loam while in the program? Members wql receive a variety of training and learn different skgls through the service projects they perform. For • instance, members who bugd houses wql team the fundamentals about framing a house, instalgng sheetrock, etc. Members who work with chgdren in schools wql team about the most effective way to tutor in reading or math. Members wql also reoehre CPR/Flrst Aid and Disaster Relief certification training from the Red Cross, and leaders) . conflict management, team-twgding, communHy bugdfng, and other treining. Are there other acttvitles that will support my educational or pereonal development while in the program? Members partidpate in service-learning adhvWes that are designed to inrxesse their unden~tandtng of the service t do, the communities where they serve, and the importance of dvlc responsibgity: Examples ofservice-learning adlvities include doing research about a project that a team wiq do, partidpating in a6vdured reflection sessions a http://www.americorps.org/for individuals/faq/index.asp ~ ~'~ ~ 11/3/2005 ~~iCorps ~ Page 5 of 6 keeping a camel about the NCCC experience, and dev®lo in a service re e project. This service ro act P g p j ct portfolio at the condUSion of each p J portfolio is the written record of the service experience and summarizes the project adhiities, members' experiences, and what was acoomplish~. ~ members required to tak~a a drug test? Yes, AmeriCorps"NCCC is a drug-free envirenment All members are tested during the first week of reporting to th ~mpus and randomly through®ut the program year. Members who test positive for illegal drugs are dismissed froi the program. What are members' service hours? Service hours are set by the particular project to which the team has been assigned; therefore they may vary. The; can range from serving three weeks straight for 12 to 14 hours a day (such as disaster relief work or fire Lighting, where the need is great) iB serving hours that resemble more of a regular work week (Monday to Friday or Tuesd€ to Saturday, 8:00 AM - 5:00 PMj. Mull 1 have free time to do other things besides NCCC? . Yes. Mmenever members are not at the project efts or performing other NCCC-related adivitles they will have free time. Is there a way I can talk with someone who has already served? You can contact us at anccc(a~cns.gov, or call us at 1-1300-731-0002, and we will help you make a connection wiU someone who is an alumni or is currently serving. How can I best prepare for the NCCC? Members should be ready to live and serve to a oommunfty setting with a highly diverse group of people. There wi pries and regutatbrrs to fopow. Flextbpfty, Wtiative, and an open mind are key to having a sua~sstul AmeriCorps"NCCC experience. ff accepted to the program will l have to pay for my transportation to the campus? AmertCorps"NCCC will pay foryour transportation to the campus from your home of record and bade home when have completed the program or whenever you leave the program permanently. Do Amerit:orps"NCCC members wear uniforms? Yes. You are required to wear a uniform. Uniforms are Issued to members when they report to the campus. -The uniform colas are gray, black, and khaki. At a minimum, all members will receive the following fterns: 1. BDU (battle dress uniform) pants-blade & khaki 2 Khaki shorts 3. T-shirts (short and long-sleeve) 4. Polo shirts (short and long-sleeve) 5. Hooded sweatshirt _ 8. .MMter parka . 3:: T: Steel-hoed work boots ' & Basebap cap. 9. Fleece vest 10. Coveralls Other uniform items may also be provided depending on the campus where, you are assigned, When do members wear unitomrs? Uniforms must be wom at all times when on duty. Duty times inducts all service days, training days, team, unft anc oommunfty meetlngs, and while on desk or driver duly or any other time when representing AmertCorps'NCCC. Can 1 bring qry pets and personal Items Ilke my cell phone and computer? Pets are strictly prohA~fted. You may bring your cell phone and your compubr, however you will be responsible for - :safekeeping of these items. F~dt campus has a computer lab for members and there are pay phones in the resider~e baps ar domritories where members pve. Can l bring my can to the campus? Yes: However, you will not be apowed to take your car with you when you go on a sppce project. http:l/www.americorps.org/for individuals/faq/index.asp Can my parents visit me at the campus. if I am selected to serve? Yes, but they cannot stay on the campus. They would have to stay to a hotel or with friendsffamity off the campus. What idnd of suppesrvision Is them at the campus? Each campus is fupy stet fed and led by a regbn director. Members, assigned to teams, report dh ectly to a team leader, and teams are assigned to a unft that is lead by a unit leader. The unit leader is directly responsible for the safety and well-being of the members in his or her unit Approximately 30 percent of the staff are retired military peraonr,el. ~. ,~ ~, ,~~~~ b~' 9 11/3/2005 ~t~C°Yps Page 6 of 6 ' ~ What lar®aks or vacations do 1 get? Members who attend the fall cycle will have a want®r break that starts at the end of the year just before Christmas ~ goes through the Flew Year. Members who attend the winter cycle will have a summer break that will oxur aroune the 4th of Juty. There is also a spring break that is a long weekend (Friday and Monday off) that will occur sometin in April or May depending on the campus. Members will also be off on oert~in other holidays such as Thanksgivinc Labor Day, and Memorial Day. t3 Printable P Contact Us i Newsletters ~ Site Map ~ Srie Index ~ Firstt3ov (Privacy ~ Accessibl~ty FOIA ~ No Fear Ad ~ Federal Register Notices ~ Stte Notices Last updated: Thursday, Navemt>~ 03, 2005 z ~ , i 7a 2~~a~' 1 ` .. ~ ::\i .. I http://www.americorps.org/for individuals/faq/index.asp ~a~e, q aF °I 11/3/2005 December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. 5-U REQUEST Approve Bills AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER• Contacted: Date: Phone: Emailed: Staff Initials: presented at public meetings shall become properly of the Clay of Meridian. ~ ~ December 30, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Development Service Division -Bruce F. ITEM NO. 6-A-1 REQUEST Discussion and Direction for Contractor Registration Policy AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ,~q~ 1- MERIDIAN SCHOOL DISTRICT: l ~ ~'" X ADA COUNTY HIGHWAY DISTRICT: r /~~' "`/// ~~ SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Ci ty of Mer idi an. P bl i W k D t u c or s e . p Memo To: Mayor De Weerd 8~ City Council From: Bruce Freckleton G~ File, Brad Watson, Len Grady, City Clerk Dam: 12/28/05 ~EGEIVEj~ DEC 2 6 2005 GlTY OF MERIDIAN CI71' CLERK OFFICE Re: 1/3/~ City Counal Agenda -Department Report -Development Services Division "Contractor Registration Policy Disa~ssion" The Development Services Division of the Public Works Department respectfully requests that the following item be placed on the January 3`~, 2006 City Council agenda, under Developmerrt Services Division Department 12eports, for Council's consideration: Contractor Registration (much of the following text excerpted from Ken Harwood's email. pecember 16, 2005)• Effective January 1, 2006 it will be unlawful to engage in the business of construction contracting without being registered as a contractor pursuant to Idaho Code Title 54, Chapter 52. The new statute contains several exemptions including volunteer work, contracting on projects fairly valued at less than $2,000 and self-performed work. Of particular significance to the City of Meridian are the provisions of Idaho Code 545209: 54-5209 Building permits and contractorr~isbalion number-Posting at sites (1) On and after January 7, 2006, no building inspector or such other authority of any cour-ty, municipality or distract charged with the duty of issui-tg building permits or other permits for cor-struction of any type shall issue any permit without firstrequesfing presentment of an Idaho cor-6-actor's registra0on number. Such registration number preserved shall be conspicuously entered on the face of a permit so issued; provided however, a permit maybe issued to a person otherwise exempt from the provisions of this chapter provided such permd~ shall conspicuously contain the phrase "no contractor registration provided" on the face of such perms No authordy charged with the duty of issuing such permit shag be required to verify that the person applying for such permit is exempt as provided in this chapter: (2) All building permits or other permits for onnstrur~ion of any type shall be posted ~ the construction site in such a manner that the conspicuous statemer~s set forth in subsection (1) ofthis section are visrble. • Page 1 (3) No person engaged in cons~rudion activities who is otherwise exempt as set forth in section 54-5205, -daho Code, shall be required to have a o~rnrac~`orregislrat~on number. This section outlines the duties the City is vested writh concerning enforcement of the contractor registration law. It is important to understand that the primary enforcement responsibility is not assiraned to local Qovernment. The accountability for that rests primarily with the Bureau of Occupational Licenses and the Idaho Contractors Board. Contractors must register with the Bureau, and disputes are handled through the Board. Permit issuing agencies are called upon to provide public information regarding compliance with the statute. Whenever a construction permit is sought, the issuing agency is required to request presentation of an Idaho contractor registration number. If a number is provided, it must be "conspicuously entered on the face of the permit.° If a permit applicant does not supply a registration number, a permit may be issued to "a person othervvise exempt from the provisions of (the statute)° and the permit must conspicuously contain the phrase "no contractor registration provided.° The law relieves permitting agencies from responsibility for requiring verification of eligibility for an exemption. As noted, permits can be issued to those with exemptions -but what about those who have no license and do not make a direct claim of exemption? Among those possibilities are persons or firms who "don't knowr" if they are exempt or those who may be known by the city to be in the contracting business and have chosen not to register. What should be done in that instance? There are basically three primary alternatives: • Issue Permits Without Further Inauirv: This alternative has the lowest potential for conflict, but unregistened contractors will be building in the City of Meridian leaving a degree of uncertainty for residents who deal with unregistered contractors. Such contractors would be denied lien rights and might request more money upfront from clients. Issue Permits ~ Report Permits to Bureau of Occupational Licenses: Immediate conflict might be avoided, but if the Bureau enforces, there may be some "splashback" from the contractor ("Who ratted me out?' or from the contractor's client (`11Vhy didn't you tell me?'~. If the Bureau doesn't enforce, unregistered contractors will be building in the City of Meridian. Demonstrate Exemption: Prevents unregistered contractors from operating in the City of Meridian unless they demonstrate exemption status, or build without permits. This provides the greatest measure of consumer protection possible under the registration statute. Although the City of Meridian does not have primary enforcement responsibilities for this statute, we believe it is in the best interest of current and future Meridian citizens, especially since we joined AIC in support of this legislation, to require contractor registration in issuing building permits, Recommended Council Action: Direct staff to deny permit issuance to unnegistered contractors unless they can demonstrate exemption status, and direct staff to prepare an Ordinance to that affect. Thank you for your consideration. • Page 2 I~/il! Berg From: Ken Harward [KHarward@idahocities.org] Sent: Friday, December 16, 2005 12:49 PM Subject: Important Information Update for City Officials . Page 1 of 4 This bulletin addresses three important issues city officials need to be awaze of as 2006 approaches: o Options for complying with the new Contractor Registration law, • Installation of newly and re-elected mayors and councilmembers, and • Requirements for publication and filing of the annual city street finance report. Contractor Registration: Complying with the New Law With the January 1, 2006 deadline looming, many cities are pondering their options concerning implementation of Idaho's new contractor registration law. At the beginning of the New Year it will be unlawful to engage in the business of construction contracting without being registered as a contractor pursuant to Idaho Code Title 54, Chapter 52. The statute contains several exemptions including volunteer work, contracting fairly valued at less than $2,000 and self-performed work. Of particulaz significance to local governments that issue building/constructiongermits are the provisions of Idaho Code 54-5209: 54-5209. Building perfnits and contractor registration number -Posting at site. (1) On and after January 1, 2006, no building inspector or such other authority of any county, municipality or district charged with the duty of issuing building permits or other permits for construction of any type shall issue any permit without fzrst requesting presentment of an Idaho contractor's registration number. Such registration number presented shall be conspicuously entered on the face of a permit so issued; provided however, a permit may be issued to a person otherwise exempt from the provisions of this chapter provided such permit shall conspicuously contain the phrase "no contractor registration provided" on the face of such permit. No authority charged with the duty of issuing such permit shall be required to verb that the person applying for such permit is exempt as provided in this chapter. (2) All building permits or other permits for construction of any type shall be posted at the construction site in such a manner that the conspicuous statements set forth in subsection (1) of this section are visible. (3) No person engaged in construction activities who is otherwise exempt as set forth in section 54-5205, Idaho Code, shall be required to have a contractor registration number. This section outlines the duties of local officials concerning enforcement of the contractor registration law. It is important to understand that the primary enforcement responsibility is not assigned to local government. The accountability for that rests primarily with the Bureau of Occupational Licenses and the Idaho Contractors Board. Contractors must register with the Bureau, and disputes aze handled through the Board. Permit issuing agencies are called upon to provide public information regarding compliance with the statute. Whenever a construction permit is sought, the issuing agency is required to request 12/16/2005 presentation of an Idaho contractor registration number. "conspicuously entered on the face of the permit." Page 2 of 4 If a number is provided, it must be If a permit applicant does not supply a registration number, a permit may be issued to "a person otherwise exempt from the provisions of (the statute)" and the permit must conspicuously contain the phrase "no contractor registration provided." The law relieves permitting agencies from responsibility for requiring verification of eligibility for an exemption. As noted, permits can be issued to those with exemptions -but what about those who have no license and do not make a direct claim of exemption? Among those possibilities are persons or firms who "don't know" if they are exempt or those who may be known by the city to be in the contracting business and have chosen not to register. What should be done in that instance? Our suggestion is to consider your policy choices in consultation with your city attorney by choosing among three (3) primary options -there may bemore - Consult Your Attorney. It is important to have your governing board confirm any choice made for the city in the form of some type of official action. Possible options and their possible consequences include: • Issue Permits Without Further Inquiry: This alternative has the lowest potential for conflict, but unregistered contractors will be building in your community leaving a degree of uncertainty for residents who deal with unregistered contractors. Such contractors would be denied lien rights and might request more money upfront from clients. (Implement by resolution/motion.) • Issue Permits & Report Permits to Bureau of Occupational Licenses: Immediate conflict might be avoided, but if the Bureau enforces, there maybe some "splashback" from the contractor ("Who ratted me out?") or from the contractor's client ("Why didn't you tell me?"). If the Bureau doesn't enforce, unregistered contractors will be building in your community. (Implement byresolution/motion.) Pass Ordinance Denying Permits to Unregistered Contractors Unless They Can Demonstrate Exemption: Prevents unregistered contractors from operating in your community unless they build without permits. Brings the issue of contractor registration directly to your permits counter. Provides the greatest measure of consumer protection possible under the registration statute. (Implement by ordinance.) Consider your options. Evaluate the options with your legal adviser, consult with reputable local contractors, determine your tolerance for conflict and your desires regarding consumer protection. Call AIC if you wish to discuss other options. It will be more than a New Year; it will be a new way of addressing the responsibility of construction contractors. Installation of Newly and Re-Elected Mayors and Councilmembers Mayors and Councilmembers elected at the November 8, 2005 general election are to be installed at the first council meeting in January. AIC has mailed a packet to each city with the necessary documents for installing elected and appointed officials, including certificates of election, a copy of the oath of office, certificates of appointment and brief instructions. The following procedure for installing newly elected officials is taken from Idaho Code 50-702, 50- 601, and 50-470. The power to administer oaths is taken from Idaho Code 50-607 and 50-207. 12/16/2005 • Page 3 of 4 1. Incumbents Conclude Fiscal Matters of Preceding Year: The incumbent Mayor and Councilmembers begin the meeting and conclude any remaining fiscal matters from the preceding year. 2. Officials Subscribe to the Oath of Office: Normally, the City Clerk administers the oath of office to the elected individuals (including those who were re-elected). Taking the oath means that the individuals stand, raise their right hands, and swear or affirm to the oath as it is read by the City Clerk. Each elected official must sign the oath of office, which is also signed by the City Clerk. The Mayor may also administer the oath of office to Councilmembers-however a newly elected Mayor does not have authority to administer oaths until after he/she has taken the oath from the Clerk. There are other officials, including judges, that may administer oaths. 3. Presentation of Certificates of Election: The newly sworn-in officials each receive a Certificate of Election signed by the Mayor and the City Clerk. The Mayor, even if newly elected and installed, signs the certificates, including his/her own. 4. Elect President of the Council: The sworn-in officials take their seats and the Council proceeds to elect one of its members to serve as Council President. The Council may then proceed with other necessary business. 5. Filling Vacancies: If any vacancies exist in the offices of Mayor or Councilmember after the newly elected officials take office, then the vacancies maybe filled by the normal process of appointment: a. For a vacancy in the office of Mayor, the position is filled by majority Council approval, and the individual serves until the next general city election (November 2007), at which point the office is up for election to a four-year term. b. For vacancies in the office of Councilmember, the position is filled by Mayoral appointment and must be confirmed by a majority of the full Council. The individual serves until the next general city election (November 2007), at which point the office is up for election: i. For the remaining two years if the term of office expires in 2009, OR ii. For afour-year term if the term expires in 2007. Individuals appointed to fill vacancies are sworn in by the City Clerk, sign the oath of office and each receive a Certificate of Appointment. Publication & Filing of Annual City Street Finance Report Each city must mail their annual city street finance report to the State Controller's Office (P.O. Box 83720, Boise, ID 83720-0011) by December 31. The report must also be published once as a legal notice in the official city newspaper between January 1-15. The report lists revenues from local, state and federal sources and expenditures for road, bridge and culvert construction, repair, maintenance, equipment and administration. The State Controller is authorized to withhold Highway Distribution Account funds from cities that have not completed and published their report. Failure to comply with the provisions of Idaho Code 40-708 is a misdemeanor, carrying a potential fine of up to $500 and imprisonment for up to 90 days. 12/16/2005 Page 1 of 1 • Wttl Berg From: Sharon Smith Sent: Thursday, December 15, 200511:02 AM To: Nancy Radford; Tara Green; Macheile HHI; Jessie Johnson; W1H Berg Subject: RE: Contractor Licenses I just talked to Karie about this again. She said that they will be withholding permits until they have proof of State licenses. Their building permit system is actualty set up now so that it will NOT issue a permit unless the Ncense information is entered. They are referring a lot of people to the website listed on the flyer. And so far, that flyer is the only information the State has sent out -She is hoping they do send out more info, like Wili said. Send problems to the State office per Karie. So, we'll ses how tha# goes! Sharon From: Sharon Smith Sent: Thursday, December 15, 2005 9:52 AM To: Nancy Radford; Machelk HIII; Tara Green; Jessica Johnson Subjec>tN RE: Contracl~s Licenses FYI - it is an ongoing discussion. Sharon From: Sharon Smkh Sent: Thursday, December 15, 2005 9:51 AM To: Kane Glenn Subject: Contractor Licenses Has your office seen any information on the Idaho Contractors License requirements and how they affect cNy contractors Hcenses (ie, electrical, plumbing, HVAC contractors)? Do you know If you will be requiring proof of the State icense before Issuance of City Hcenses? I had the question posed to me this morning, and 1 thought 1 wou~ check with you and Will. Will indicated he heard a booklet or set of guidelines was In the works, r~arding how the requirements affect Ctfies. Please let me know what you have on this, ok7 Thanks again. Sharon Smith Meridian City Clerks Office Phone 208.888.4433 12!15/2005 • December 30, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING January 3, 2~6 APPLICANT Police Department -chief Musser ITEM NO. 6-8-1 REQUEST Declaration of Recognition AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: f~( J CITY PARKS DEPT: /0` MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAi_ DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: StafF Initials: Materials presented at public meetings shall become properly of ttre Cffy of MeridMn. ~1. ,~ :~ ~ a ~~"~c~l~'l2` It IC~AHO the Office of the Mayor • Declaration of Recognition 1"n R.ecognition of Our Reserve & Guard Employees & .~amiCy ~Vlem6ers ~Nhereas, the National Guard and Reserve are essential to the strength of our nation and the well being of our community; and 1Nhereas, it has been the tradition of patriotic men and women to voluntarily serve in an honorable and vital profession -the military, through the National Guard and Reserve; and ~l~Vhereas, we have had a member of the City of Meridian and family members of our employees willingly step up to serve our nation in a time of need; and 1Nhereas, these courageous men and women have now returned from service to our country and community and it is time to thank them; wherefore, the City of Meridian does so express its sincere appreciation and commends all the members or our returning service personnel and family members from the 116th Armored Calvary Brigade and "Charlie" Company of the 4th Marine Tank Battalion for their service and sacrifice. In particular the City of Meridian wishes to thank CW04 Myron Severson, Marine Corp Reserve for his service and welcomes him back to work with the Meridian Police Department where he serves as a detective. Additional thanks and welcomes are also extended to Staff Sergeant Calvin Haines, Idaho Army National Guard, husband of Joy Haines, a Meridian Police Department employee and all other City of Meridian family members not able to be present. Dated this 3rd day of January, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Keith Bird, City Council Charlie Rountree, City Council Christine Donnell, City Council In recognition of our Reserve and Guard employees and family members the following proclamation is made: Whereas the National Guard and Reserve are essential to the strength of ow nation and the well being of our community; Whereas it has been the tradition of patriotic mean and women to voluntarily serve in an honorable and vital profession -the military, through the National Guard and Reserve; Whereas we have had a member of the City of Meridian and family members of our employees willingly step up to serve our nation in time of need; Whereas these courageous men and women have now returned from service to our country and community it is time to thank them; The City of Meridian does so express its sincere appreciation and commends all the members of our returning service personnel and family members from the 116` Armored Cavalry Brigade and "Charlie" Company of the 4~' Marine Tank Battalion for their service and sacrifice. In particular the City of Meridian wishes to thank CW04 Myron Severson, Marine Corp Reserve for his service, and welcome him back to work with the Meridian Police Department where he serves as a Detective. Additional thanks and welcome are also extended to Staff Sergeant Calvin Haines, Idaho Army National Guard -husband of Joy Haines, a Meridian Police Department employee. Page 1 of 1 WIII Berg From: W E MUSSER [WIWIUSS@MSId.COM] Sent: Thursday, December 29, 2005 4:05 PM To: Will Berg Cc: Tara Green Subject: Draft Resolution At~chments: Proc Mil Retum.doc Will, Attached is the draft I worked on for the proclamation on January 3, 2006 for the Council meet, I had emailed Tara to add a department report to the agenda for such. I hope the draft info helps and can be cut and pasted into your form. Thanks, Bill M. 1212912005 • ~'~ ~ ~ qr .. V! L~+pLL~~ rY~a ~~~ a IDAHO t~,~~e~~ ~~, ~~° ~ ~f Rs.~utae. ~r'.u~' si~ir.E ' [ 19Q3 ~'he Office of the ~-~layor a~ l/~ ~~ ~~ ~°~ ~ ~ 1"n R.ecognition of Our Reserve & Guard Employees & ,Family ~vlem6ers 1~Vhereas, the National Guard and Reserve are essential to the strength of our nation and the well being of our community; and 1~Vhereas, it has been the tradition of patriotic men and women to voluntarily serve in an honorable and vital profession -the military, through the National Guard and Reserve; and ~Nhereas, we have had a member of the City of Meridian and family members of our employees willingly step up to serve our natio ~ ~me of need; and ~YVhereas, these coura eous men and women have now returned from service to our country ands murnty and it is time to thank them; ~Fierefore, the City of Meridian does so express its sincere appreciation and commends all the members or our returning service personnel and family members from the 116th Armored Calvary Brigade and "Charlie" Company of the 4th Marine Tank Battalion for their service and sacrifice. In particular the City of Meridian wishe~l'to thank CW04 Myron Severson, Marine Corp Reserve for his service and welcome5him back to work with the Meridian Police Department where he serves as a detective. Additional thanks and welcome are also extended to Staff Sergeant Calvin Hainesrr,~~Idaho Army National Guard, husband of Joy Haines a Meridian Police Dated this 3rd day of January, 2006. U Tammy de Weerd, Mayor Shaun Wardle, City Council Keith Bird, City Council Charlie Rountree, City Council Christine Donnell, City Council _~ ~ ~ R y ~ w •1 d CITY' C)F ~~~~ #~ _ ~ ~ ,''~ _.. 'u~ _._ ~~ ~n~~o the Office of the Mayor susre 1903 P R O C L .~ .mil .~l ~I O N In Recognition of Our Reserve & GuardEm~loyees & ,Family .~Vlemders Whereas, the National Guard and Reserve are essential to the strength of our nation and the well being of our community; and `l~Vhereas, it has been the tradition of patriotic men and women to voluntarily serve in an honorable and vital profession -the military, through the National Guard and Reserve; and ~l~Vhereas, we have had a member of the City of Meridian and family members of our employees willingly step up to serve our nation n time of need; and 1Nhereas, these courageous men and women have now returned from service to our country and community and it is time to thank them; ~Cierefore, the City of Meridian does so express its sincere appreciation and commends all the members or our returning service personnel and family members from the 116th Armored Calvary Brigade and "Charlie" Company of the 4th Marine Tank Battalion for their service and sacrifice. In particular the City of Meridian wished to thank CW04 Myron Severson, Marine Corp Reserve for his service and welcome him back to work with the Meridian Police Department where he serves as a detective. Additional thanks and welcome are also extended to Staff Sergeant Calvin Haines, Idaho Army National Guard, husband of Joy Haines a Meridian Police Department employee. Dated this 3rd day of January, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Keith Bird, City Council Charlie Rountree, City Council Christine Donnell, City Council December 30, 2005 FP 05-073 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Conger Management Group ITEM NO. 8 REQUEST Tabled from December 13, 2005 -Request for Final Plat approval for 11 residential building lots and 4 common area lots on 5.36 acres in a R-3 zone for EI Gato Subdivision - 701 Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See previous Item Packet /Minutes See attached Comments See attached Comments MERIDIAN POST OFFICE: OTHER: See attached Revised Plat Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 30, 2005 FP 05-074 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Ada Count}/ ITEM NO. 9 REQUEST Tabled from December 20, 2005 -Request for Final Plat approval for 3 building lots and 1 common lot on 12.01 acres in an I-L zone for Weed and pest Control Campus Subdivision -south side of East Pine Avenue and west of Locust Grove AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Sse previous Item Packet /Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. December 30, 2005 AZ 05-033 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Landworks, LLC ITEM NO. ~I O REQUEST Public Hearing -Request for Annexation and Zoning of 3.02 acres to R$ zone for Banff Subdivision - 675 South Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See previous Item Packet / Mlnufes December 30, 2005 PP 05-032 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Landworks, LLC ITEM NO. 11 REQUEST Public Hearing -Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R$ zone for Banff Subdivision - 675 South Liinder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: GITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See previous Item Packet / Mirwtes Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at pubpc meetings shall become properly of the City of Meridian. Decem ber 30, 2005 CUP 05-036 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Landworks, LLC ITEM NO. 12 REQUEST Public Hearing -Request for Conditional Use Permit /Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision - 675 South Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet /Minutes Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. December 30, 2005 AZ 05-033 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT LandWOrkS, LLC ITEM NO. 13 REQUEST Tabled Findings for Denial -Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision - 675 South Linder Road AGENCY COMMENTS CITY CLERK: See previous Findings CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeMngs shall become property of the City of Meridian. C~ BEFORE THE MERIDIAN CITY COUNCIL C/C11-22-OS IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 3.02 ACRES TO R-8 FOR BANFF SUBDIVISION Case No. AZ OS-033 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL LANDWORKS, LLC APPLICANT The above entitled annexation and zoning application having come on for public hearing on November 22, 2005, at the hour of 7:00 o'clock p.m., Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, Dave McKinnon, Conger Management Group, Landworks, LLC appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for November 22, 2005, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL BANFF SUBDIVISION; CASE NO. AZ-OS-033 PAGE 1 OF 4 i • television stations as public service announcements; and the matter having been duly considered by the City Council on November 22, 2005, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 3.02 acres in size and is generally located on the west side of Linder Road approximately one-half mile south of Franklin Road, Meridian, Idaho, within a portion of the SE'/4 of the NE'/4 of Section 14 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. 5. Mel Lacy, 675 South Linder Road, Meridian, Idaho 83642, is the current property owner. 6. Applicant is Conger Management Group, Landworks, LLC, 405 S. 8~' Street, Suite 290, Boise, Idaho 83702. 7. The subject property is currently zoned R-1 (Ada County). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL BANFF SUBDIVISION; CASE NO. AZ-OS-033 PAGE 2 OF 4 8. T'he Applicant requests the property be zoned R-8 (Medium Density Residential). The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: Medium Density Residential 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Medium Density Residential. CONCLUSIONS OF LAW 1. The City of Meridian has discretionary authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian § 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The provisions of Idaho Code §50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL BANFF SUBDIVISION; CASE NO. AZ-OS-033 PAGE 3 OF 4 That the application for annexation and zoning is denied for the following reasons: The proposed development is not in the best interest of the City of Meridian. rd By action of the City Council at its regular meeting held on the ~ -day of ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED -~~~ COUNCILWOMAN CHRISTINE DONNELL VOTED _Z~~ COUNCILMAN CHARLIE ROUNTREE VOTED _~~~~^- COUNCILMAN KEITH BIRD VOTED _~~~~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: ~'~ MOTION: ATTEST: APPROVED: ~_ DISAPPROVED: MAYOR de WEERD ,,~~~ ~~ r~o n n _ V ~ ' !-jC CITY CLERK ~~ „~ °~ '°°~ ,~ 'T'~-~ • ~ Copy served upon Applicant, the P °a~'ng and Zoning Department, Public Works Department, and City Attorney. gy; ,~ ~~~~ , L~~~ Dated• City Clerk's Office C~~-- 0~-cam FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL BANFF SUBDMSION; CASE NO. AZ-OS-033 PAGE 4 OF 4 December 30, 2005 PP 05-032 MERIDIAN CITY COUNCfL MEETING January 3, 2006 APPLICANT Landworks, LLC ITEM NO. ~ 4 REQUEST Tabled findings for Denial -- Request for Preliminary Plat approval of 21 single family residential buildin lots and seven common lots on 2.91 acres in a proposed R~ zone for Banff C~ ihrlivicinn ,.1,75 South Liinder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Previous Findtn~s /Minutes OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the Ctty of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL C/C 11-22-OS IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR APPROVAL FOR 21 SINGLE FAMILY LOTS FOR BANFF SUBDIVISION LANDWORKS, LLC APPLICANT Case No. PP OS-032 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled matter having~come on for public hearing before the City Council on November 22, 2005, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-OS-033, and the hearing was opened on the preliminary plat application and Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, Dave McKinnon, Conger Management, Landworks, LLC appeared and testified, and the City Council based upon its Findings of Fact and Conclusions of Law, and Decision and Order in Case No. AZ-OS-033 does hereby deny the application for preliminary plat approval. FINDINGS OF FACT It is found that the Recommendation to City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the preliminary plat due to the denial of the annexation and zoning in Case No. AZ-OS-033. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR BANFF SUBDMSION; CASE NO. PP-OS-032 PAGE 1 OF 3 • • DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-OS-033 the Council does hereby deny the application for preliminary plat approval. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code §67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code §67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR BANFF SUBDNISION; CASE NO. PP-OS-032 PAGE 2 OF 3 • By action of the City Council at its regular meeting held on the ~ day of ~/a ~ ~ ,tee-s.?~o6 ATTEST: ; .~~ 1 O~ P ~~~~ ~ ~•~ ~~ CITY CLERK = ~ ~ ~~ :, is' "~ Q° . Co served u on A plicant, the~~~'Baniung and Zoning Department, Public Works PY P P Department, and City Attorney. By: ~~(d,~ e'Y1 ~~}~/V°(,1~~ Dated: City Clerk's Office or - ,~s l ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR BANFF SUBDIVISION; CASE NO. PP-OS-032 ~, MAYOR T MY de WEERD PAGE 3 OF 3 December 30, 2005 CUP 05-036 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Landworks, LLC ITEM NO. 15 REQUEST Tabled Findings for Denial -Request for Conditional Use Permit /Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision - 675 South Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Previous Findings / MinuFes OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. C: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11-22-OS IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR BANFF SUBDIVISION Case No. CUP OS-036 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL CONGER MANAGEMENT, LANDWORKS, LLC APPLICANT The above entitled matter having come on for public hearing before the City Council on November 22, 2005, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-OS-033, and the hearing was opened on the conditional use permit application and Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, Dave McKinnon, Conger Management, Landworks, LLC appeazed and testified, and the City Council based upon its Findings of Fact and Conclusions of Law, and Decision and Order in Case No. AZ-OS-033 does hereby deny the application for conditional use permit approval. FINDINGS OF FACT It is found that the Recommendation to City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the conditional use permit due to the denial of the annexation and zoning in Case No. AZ-OS-033. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDTI'IONAL USE PERMTI' FOR BANFF SUBDIVISION; CASE NO. CUP-05-036 PAGE 1 OF 3 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-OS-033 the Council does hereby deny the application for conditional use permit. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code §67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code §67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMTf FOR BANFF SUBDIVISION; CASE NO. CUP-05-036 PAGE 2 OF 3 By action of the City Council at its regular meeting held on the ~/~~!n~ ate. ~, -;~ee~.~o®6 ATTEST: MAYO] i ~~ ~q ~~ ~~ ~ o d y of AMMY de WEERD ~: CITY CLERK = ~ ~~ ®j~~~~~• IZ74 ~~~a~ Copy served upon Applicant, the Ijl ,, ~ 2orung Department, Public Works Department, and City Attorney. By; ~Y(G~.~ ~`y'7C~le~`~~ Dated: City Clerk's Office ~C_®S-~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR BANFF SUBDNISION; CASE NO. CUP-05-036 PAGE 3 OF 3 December 30, 2005 AZ 05-038 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Dyver Development, LLC ITEM NO. 16 REQUEST Public Hearing -Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision -southeast comer of North Ten Mile Road and Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Prevfovs Item Packet /Minutes Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: December 30, 2005 PP 05-037 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Dyver Development, LLC ITEM NO. ~ 7 REQUEST Public Hearing -Request for Preliminary Plat approval of 2i~ building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision -southeast comer of North Ten Mile Road and Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See previous Item Packet /Minutes Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 30, 2005 CUP 05-039 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Dyver Development, LLC ITEM NO. ~ 8 REQUEST Public Hearing -Request for Conditional Use Permit for a Planned Development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Irvine Subdivision -southeast comer of North Ten Mile Road and Chinden Blvd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Previous Item Packet /Minutes MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings sha8 become property of the City of Meridian. December 30, 2005 AZ 05-038 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Dyver Development, LLC ITEM NO. 19 REQUEST Tabled Findings for Denial -Request for Annexation and Zoning of 38.5 acres from Rt IT to R-8 zones for Irvine Subdivisioli - s6utheast comer of North Ten Mile Road and Chinden Roulevc~rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY C1TY POLICE DEPT: CITY FIRE DEPT: CITY i3UILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See previous Findings /minutes OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials preser-ted at public meetings shall become property of the City of Meridkm. December 30, 2005 PP 05-037 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Dyver Development, LLC ITEM NO. ZO REQUEST Tabled Findings for Denial -Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision -southeast comer of North Ten Mile Road and Chinden Boulevard AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: RDA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See previous Findings /Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. (~ ADA COUNTY RECORDER J. Dt~ BOISE IDAHO 01t06t06 10:00 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian Clry VAVARRO AMOUNT .00 i E~SEIEl~~~S CITY OF MERIDIAN ORDINANCE NO. ® ~ ~~~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-OS-016 SILVER OAKS SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED ON A PORTION OF THEW 1/Z OF THE SE '/4 AND THEE 1/2 OF THE SW'/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) AND L-O (LIMITED OFFICE) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Ten Mile Development, LLC SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT (Ada County) to R-15 (Medium High Density Residential) and L-0 (Limited Office) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the ofFcial zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION OF AZ-05-016 SILVER OAKS SUBDIVISION -Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ~ _ , 200~.~ APPROVED B-Y~THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~ day of ~/ ~' , 200~~ ~~ ~Y AMMY de WEERD ATTEST: ,~ ~ ~~ ssi ~ n ®_ WILLIAM G. BERG, Jlr;~ CI ~ CLERK is `"° i ~ , ANNEXATION OF AZ-OS-016 SILVER OAKS SUBDIVISION -Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) ~-- On this ~ day of ~ a,°~ ~ 200 ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and ~ known to me to be the Mayor and~City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument) and acknowledged to me that the City of Meridian executed the same. (,~~~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~ ~~+%~,OTA~~~"~ ~ NOTARY PUBLIC FOR IDAHO , • ~-. RESIDING AT: ~ ~~Gv ~GI • ~ ~ MY COMMISSION EXPIRES: • 1 0 • ANNEXATION OF AZ-05-016 SILVER OAKS SUBDIVISION -Page 3 of 3 EXRIBIT A Legal Description for Ten Mile Development, LLC. Franklin Four-flex Residential Site A parcel of land being a portion of the Wl/2 of the SE1/4 and the E1/2 of the SW1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch rebar marking the SE Corner of said Section 10, thence along the South line of said Section 10, also being the centerline of Franklin Road, N89°40'29"W a distance of 1708.52 feet to a 1/2 inch rebar, and from which a brass cap marking the SW Corner of the SEl/4 of said Section 10 bears N89°40'29"W a distance of 932.05 feet, thence leaving said South line N00°09'31"E a distance of 25.00 feet to a point in the centerline of the Kennedy Lateral, thence meandering along the centerline of said Kennedy Lateral N42°03'29"W a distance of 300.00 feet to a point, thence N41°15'29"W a distance of 190.55 feet to a point being the POINT OF BEGINNING; Thence continuing along said centerline N41°15'29"W a distance of 109.45 feet to a point; Thence N39°06'29"W a distance of 490.00 feet to a point; Thence N32°46'29"W a distance of 409.25 feet to a point on the West line of said SE1/4; Thence N32°46'29"W a distance of 280.75 feet to a point; Thence N43°22'29"W a distance of 99.57 feet to a point; Thence leaving said centerline of the Kennedy Lateral N00°13'01"E a distance of 87.61 feet (formerly N00°09'31"E a distance of 88.02 feet) to a 5/8 inch rebar on the South right-of--way line of the Union Pacific Railroad; Thence along said South right-of--way line 888°52'53"E (formerly S88°51'50"E) a distance of 1330.73 feet to a 5/8 inch rebar; Thence leaving said South right-of--way line SO1°08' 10"W a distance of 1104.39 feet to a point; Thence N89°09' 17"W a distance of 396.27 feet to a point; Thence S48°48'45"W a distance of 118.96 feet to the POINT OF BEGINNING; Said parcel contains 1,094,087 square feet or 25.12 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. / ~~~~ ~~~a'~'~~~1/~/¢~' ~ ~~ 6 f ®~ ®r~na,~e~ ~. Ole 12 ~9 BRE W APPFjQ~VA,~, ~ ~ ~ ;JJ . CCJJ ~~ MERIDiAPI PU$LiC WORKS DEPT, rnaFZZZ ,,,,,,,,,~~....A~:,~o,..~.,, ~o...., ~~, nnc~....., a-- E~IIBIT A Legal Description for Ten Mile IDevelopment, LLC. Franklin Four-Plex Commercial Site A parcel of land being a portion of the W1/2 of the SE1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described a.s follows: Commencing at a 5/8 inch rebar marking the SE Corner of said Section 10, thence along the South line of said Section 10, also being the centerline of Franklin Road, N89°40'29"W a distance of 1558.52 feet to a 5/8 inch rebar being the POINT OF BEGINNING, and from which a brass cap marking the SW Corner of the SE1/4 of said Section 10 bears N89°40'29"W a distance of 1082.05 feet; Thence continuing along said South line N89°40'29"W a distance of 150.00 feet to a 1/2 inch rebar; Thence leaving said South line N00°09'31"E a distance of 25.00 feet to a point in the centerline of the Kennedy Lateral; Thence meandering along the centerline of said Kennedy Lateral the following courses and distances: Thence N42°03'29"W a distance of 300.00 feet to a point; Thence N41°15'29"W a distance of 190.55 feet to a point; Thence leaving the centerline of said Kennedy Lateral N48°48'45"E a distance of 118.96 to a point; Thence S89°09' 17"E a distance of 396.27 to a point; Thence SO1°08' 10"W a distance of 464.42 feet to the POINT OF BEGIl~TNING; Said parcel contains approximately 153,711 square feet or 3.53 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. REV- ap~'R~~'" ~ , gY iV1E~iD~A~ P EQT,G uVORKS D ~ rct;~d~~ck.~vti~ `~'~ . vim" I ~V~"' C046333 boundary commercial legal n3td(15hwaAnr EXHIBIT B FRANKLIN FOUR-PLEX SUBDIVISION A PORTION OF THE S 1/2 OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN • ADA COUNTY. IDAHO 2005 UNION PACIFIC RAILROAD ___, RAILROAD RIGHT-OF-WAY PLS 4431 (S88'S1'S0°E) o _ _ _ _ _S8_8°52'53"E 1330.73' _ _ \ (N00'09'31 "E~ PLS 6907 ~ N00.13'01' E 87.61 ' I ti (88.02') I ~"~.; N43°22'29"W of ~p j~6+. 99.57' o s~~. ~I RESIDENTIAL I (1,094,087 S.F. \~~~,° 25.12 AC. PLS 6so1 i ~p~\ ~ I ~s ~~ I~ ~5 ~~~ ~3 ~~ o ti° ~ o r~ pp\• to ~' pp•~~1 N48'48'45°E IN ~ 1 18.9 6 I C~, KENNEDY LATERAL ,~ ,o s8s•os'17"E _ - - -932.05'- _ 15'•-, ` 1/4 CORNER C.P.&F.No. 8951331 ~' ~ FRANKLIN ROAD Scale: 1 "=300' ~ap,L LA NO 5~~0\STfRF ~G y~ ~o 561 3/~y/~- o h CyT f O F \D P~ ~w. ED`N t SECTION CORNER ~I C.P.&F.No. 8725155 -f- -1558.52'- - - - 10 1 1 ~UNREADABL~E 15•-c 14 N 89'40'29" W 1.so.oo' "• ......................................N89'40'29"W 2640.57'.................••. DETAIL FILENAME: ~ ~ ~T ~T ~ ~ ~~ DRAWN BY: P:~A_CIVIL~C046333_site_exhibit.dwg 1 ~f 1 ~J HWE Engineers, Inc. CREATION DATE: ,zssz w. Exe~utt~ o~., suite 8, Boise, Idoho CHECKED BY: 03-14-05 83713 REB (aoa) aa~-~~so ~~As. 396.27' R'Y~+"~ ~~ `~O ~s.~so COMMERCIAL ~ ~~'9,,ss 1153,71 1 S.F.. ~ 3.53 AC. ~ I ~~ ~ ~ ~~~ ~. ~~ ~ I MERIDIAN PUBLIC WORKS DEPT. ~ ,- NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO, 06- ~ °2.0°( PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the W %2 of the SE'/4 and the E 1/Z of the SW '/a of Section 19, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 25.12 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the ~ day of 2006. e`+~,,~,aeaaesaeot®r~,,osi ~ni_~ a`,ee~~~ J ~Bd rJ O ,p~ ® ~~(j City of Meridian Mayor and City Council ~~ By: William G. Berg, Jr., City Clerk eO ~r T ls~ . ~ e~~` ®o ~.~v. First Reading: 1-3 - O to ''``,,, ~, `~ .e°'~~~ /s ee Adopted after first reading by suspension of the ~ttle° ~''~jowed pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: -- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 12-0°1 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- 12C3°~ of the City of Meridian, Idaho, and has found the same to be true and complete and provi~djes adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this [ day of z2~ 2006. 1 .~ William. L.M. ary City Attorney ORDINANCE SUMMARY - A~05-016 SILVER OAKS SUBDIVISION -Page 1 December 30, 2005 AZ 05-043 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT Benchmark C011StrUC1'IOn ITEM NO. 23 REQUEST Ordinance -Request for Annexation and Zoning of 11.7 acres from RUT to R-4 zones for Sunstone Subdivision -1155 and 1123 North Btack Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached Ordinance MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctty of Msrtdian. ADA COUNTY RECORDER J. DAYI~~VARRO AMOUNT .00 6 BOISE IDAHO 01106106 10:00 AM , RECORDED nREQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III Meridian City 1 ~~'~~~~'~~ CITY OF MERIDIAN ORDINANCE NO. ~~ ~ ~~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-OS-043 SUNSTONE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NE 1/ OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, STTUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Bob and Gail Burt & SondeYeggeY Family Trust. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Low Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-05-043 SUNSTONE SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~z~'~'~ , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~~Lr"~-~~~-• , 2006. ANNEXATION OF AZ-(~ ~~'~ ~~7BDIVISION Page 2 of 3 1/~~i ``400 ///~~l lll~.r ~~111 ~1~1,`` STATE OF IDAHO, ) ss. County of Ada ) On this ~~ day of ~G~~zrx~w~ , 2006, before me, the, l GC/?1 f'~~ undersigned, a Notary Public in and for said State, ersonally appeared ~cte ~ and ., own to me to be the Mayor an ~ ity Clerk, ~~~ ~~ ~ l~r respectively, of the CITY of Meridian, Idaho, and who executed the within~mstrument, and acknowledged to me that the City of Meridian executed the same. ~ nT1 ~ --~-: ,, 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) s r ,. ~'1~~~~~~~~~~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: f~ ~~, MY COMMISSION EXPIRES: ~~/ ANNEXATION OF AZ-05-043 SUNSTONE SUBDIVISION Page 3 of 3 Reylas~ce & Associates, P.A. Engineers ~ Surveyors a Lanclplanners 391 VV. Stafa Street, Suite E, Eagle, Idaho 83616 Telephone X208) 939-2824 Fax (208) 939-2855 May 27, 2005 Project Number: 2624 Legal Description Sunstone > nterprises, LLC Annexation Area 11.70 Acres A tract of land situated in the Nore}ie~ast Cone Quarter of Sectiop ~, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows. Commencing at brass cap monumenting the North One Quarter Corner of Section 10, thence following the northerly line of said Section 10 North 89°36' 18" West a distance of 264.5.04 feet to a brass cap monumenting the Northwest Corner of said Section 10 and the Northeast Corner of Section ~ and on the centerline of North Black Cat 17.oad; Thence leaving said northerly line of said Section 10 and following said centerline and the easterly line of said Section 9 South 00°00'00" West a distance of 1324.43 feet tx~ the POINT OF BEGINNING; Thence following said centerline and said easterly line, South 00°00'00" West a distance of 475.39 feet to a point; 'Thence leaving said centerline and saki easterly line, North 90°00'00" West a distance of 1,068.79 feet to a point; Thence North 00°00'00" East. a distance of 477,89 feet to a point;. Thence South 89a51'S7" East a distance of 1,0.68.80 feet to the POINT OF BEGINNING. The above-descrili~d tract of land contains 11.70 acres, ti~bre ox less, subject to all existing easements and rights-of--way. n r Prepared By: ROYLANCE & ASSOCIATES, P,A. 391 W. STATE S'I`R,FE'T, S`UIT'E E EAGLE, IDAHO 83616 (208} 939-2824 (2os) 939-2855 FAX REV ~ pPPR~~' ~} BY ~' '~' ~ ~y MERID4AN 1'UEp~~C wp~tKS ,~~.-. _ ~ a' ~g 4~ `~ l S ~ E ~~r~ 11575 Q ~~~ oi~ ~° ~S X15 cJ~ `' ~ `7 - ©'~ Qr~,~~.a~v ~-C~ i'1.~ . 0~ -I ~~ ~ ?f :~Proj~ctsfiliettchrnark\2624WdminlL;egals\Anncx-REV ISED.tjoe C.7 W z z_ ~~ 3 m ~ ~I C7 O W °`~ d- pQ I N U7 Z Q3 m I M O d' ~ rn ~rnn~r- ~~~~ p~~ ¢`~°'~ w p ~-'- z O F- z 0 a. v N ~ ~~~ D Z W~Q V ~ ~ W ~*°a~0 MN ~. ~' Z ~~'' rl C~ ~' Z ~ ~ ~QI ~c'y'v~~ ~ ~ ~ „ U=tom d' W ~ ~ U ~ ^ ~ o ~ \(1') m ~ , ~ va ~pp o ~ v'~'o' N ~ ' a~ U M1 ,~ Q -~ w i ~ O Z , Q yWl ~ ` ~ m ,~. z Q ANN ~ ~, ,6~'SLi~ M„QQ,Or ^^ N W ~' m M ~ i+~s o d- O N 0 p~ 0 0 m 0 r 2 °a a oI I ~ co ~ O I ~ Wz~ Z~W ~ W r ~ ~ N~ ~ ~- o w Q. to zed Q p .°~ U o °" d~3 ~'z© ~N(L '' ~ t3 r' ~ m U aW C+~ to ~ ~ W a I n I.n I~ U7 ~ O (/~ I ~ I I .Z ~~d'LL~ U J (A (_n W Q W Z ~ W Z ~ /o VJ /~//~ VJ ~. V* C ~ N Z to N v } ~ z Q ~ o s w ~ Ma v 0 m c N O d 4 N N r 0 V C N m i V d .q a .~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- ~Z l PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the NE 1/ of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 11.70 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the _~~ day of ~~ , 2006. Mayor and City Council of e City of Meridian By: William G. Berg, Jr., City Clerk First Reading: ~~3 ~®6 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES }~ NO Second Reading: P- Third Reading: --- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- j~10 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06-~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this G day of `~ 2006. 1 .J William. L.M. N ,City ORDINANCE SUMMARY - AZ-OS-043 SUNSTONE SUBDIVISION Page 1 of 1 December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. 24 REQUEST Swear in New City Council Member Seat # 2 -Joe Borton AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctiy of Meridian. \J CITY OF MERIDIAN Oath of Office ~ January 3, 2006 ****** "Please raise your right hand and repeat after me" I, Joe Borton, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. "Congratulations City Council Member Joe Borton" CITY OF MERIDIAN **~**~ In the matter of the CITY OF ) MERIDIAN ) OATH OF OFFICE COUNCIL MEMBER SEAT #2 STATE OF IDAHO ) County of Ada ) :ss I, Joe Borton, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. DATED this 3rd day of January, 2006. Joe Borton SUBSCRIBED AND SWORN TO before me this 3rd day of January, 2006. William G. Berg, Jr. -City Clerk December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. 2S REQUEST Swear in New City Council Member Seat # 4 -Keith Bird AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN Oath of Office N January 3, 2006 **~**** "Please raise your right hand and repeat after me" I, Keith Bird, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. "Congratulations City Council Member Keith Bird" • . CITY OF MERIDIAIIT ****** In the matter of the CITY OF ) MERIDIAN ) OATH OF OFFICE COUNCIL MEMBER SEAT #4 STATE OF IDAHO ) County of Ada ) :ss I, Keith Bird, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. DATED this 3rd day of January, 2006. Keith Bird SUBSCRIBED AND SWORN TO before me this 3rd day of January, 2006. William G. Berg, Jr. -City Clerk December 30, 2005 MERIDIAN CITY COUNCIL MEETING January 3, 2006 APPLICANT ITEM NO. Z6 REQUEST Presentations AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials• COMMENTS Materials presented at pybllc meetings shah become property of fhe Ci#y of Meridton.