Loading...
HomeMy WebLinkAbout2004-09-14CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 14, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ C~ Shaun Wardle Bill Nary ~_ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: ~roo,0 3S/ 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: ~~rr,~-•,tia(_. 4. Adoption of the Agenda: ~/~ov vac as ~ti..~-,.-a~CC ~ 5. Consent Agenda: A. Approve Minutes of August 10, 2004 Pre-Council Meeting: ~+~ja~-~- B. Approve Minutes of August 17, 2004 Pre-Council Meeting: a~7~rs~~.c. C. Approve Minutes of August 24, 2004 City Council Regular Meeting: a~~h-„ w~ D. Land Lease Agreement with Ken Hamilton Presentations: ~,r~ ~ oc¢,~l~..s; Zoo ¢ E. Well 26 Test Well Drilling Oversight - Hydrolic: a~~ai~~ F. System Develoament Fee Review Contract: a~,i~ ~ G. Resolution No. ~~ - ~¢¢ Policy Prohibiting Use of Excessive Force Against Non-Violent Civil Rights Demonstrators: A~-~j~r-n~ as ~~,,~,..,oCG,c~ H. Resolution No. ~¢ - ~¢ 2 Amendment to Sections 1.2 and 8.2.1 of the Standard Oaeratina Policy and Procedure Manual Pertaining to At-Will Employment, and Adverse Employment Action Appeals, and Adding New Policy 6.14 Pertaining to Clothing for the City of Meridian: ~~~..,q,,.;, Meridian City Council Agenda -September 14, 2004 Page 1 of 2 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. ~ ~ I. Approve Contract for Stenoaraphic Services - MD Willis, Inc.: ~p~r,~v~G J. Resolution No. ~¢ ` ¢~ 3 : Increase in Rates and ~3ef Solid Waste Collection Rates within the City of Meridian: ~~,-owc.. 6. Department Reports: /L1Cc erf l7~fit~. 7. (Items Moved from Consent Agenda) ~r~cy.,!~ 8. FP 04-055 Request for Final Plat approval for 34 building lots and 9 common lots on 11.31 acres in R-8 and L-O zones for Ra= Crossing Subdivision by Carl and Bonnie Reiterman -south of East McMillan Road and west of North Locust Grove Road: ~~ ~ J~>,r~~~c.,.~ Z~~ Zoo ¢ 9. FP 04-056 Request for Final Plat approval for six commercial building lots and one common lot on 2.82 acres in a C-G zone for Initial Point Subdivision by Robnett Construction -east of North Meridian Road and south of East Fairview Avenue: ~!y/~,"°'„`,' 10. Public Hearing: RZ 04-008 Request for a Rezone of .23 acre from R-8 to proposed O-T zone for Larrv Knopp by Larry Knopp - 713 North Meridian Road: n,,~,~~>~.,c ~l~f °l ~ ~v-r- a~~r~ /~ 11. Public Hearing: CUP 04-019 Request for a Conditional Use Permit for a retail and professional office use in an existing building in the proposed O- Tzone for Lar Kno ~ by Larry Knopp - 713 North Meridian Road: 12. Public Hearing: CUP 04-020 Request for a Conditional Use Permit for a pharmacy in an L-O zone for Medicap Pharmacy by Larry Knopp -east of North Ten Mile Road on north side of West Cherry Lane: 13. Public Hearing: VAC 04-005 Request for a Vacation of side yard utility and irrigation easements on Lots 43-45, and Lots 88-91, Block 23, Ashford Greens Subdivision No. 2 by Brighton Corporation -east of North Black Cat Road nd south of West Ustick Road: ~~/>vtil ~~~ f C~-~ ~' G~ryrvv~ 14. Public Hearing: RZ 04-010 Request for a Rezone of .68 acre from R-4 to an O-T zone for Mittleider Rezone by Leon Smith - 125 West Cherry Lane and 1645 West 1 S Street: l ,5 . ~X ~ ~r.~ i~r~ci ~C>se'i ~.. f 7- Z 3 ~~ ~~) Ce~ ~r ~ Get c •~i i,~.,. Meridian City Council Agenda -September 14, 2004 Page 2 of 2 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 September 14.2004. The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, September 14, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Bill Nary, Charlie Rountree, and Shaun Wardle. Others Present: Bill Nichols, Will Berg, Ann Canning, Brad Watson, Bill Musser, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. Welcome tonight. I will go ahead and call the meeting to order. It's Tuesday, September 14th. It's five after 7:00. We will start the meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item 2 is the pledge of allegiance and we are going to be lead in the pledge by Troop 351, Jason Harris and A.J. Howard. If you will, please, rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: De Weerd: Item 3 is our community invocation by Pastor Gordon Slyter with Treasure Valley Worship. Please take this as a moment of silence or join us in the community invocation. Slyter: Father in Heaven, we thank you for the peace and prosperity we enjoy in our city. Thank you, too, for the sense of community and brotherly kindness that prevails among our citizens. We ask that tonight you would give wisdom to this Council as it hears testimony and deliberates. May the decisions rendered here promote righteousness and equity in our city. Should disagreements arise among our representatives or citizens, help us to remember our common values and goals, the welfare of the people of Meridian. Oh, Lord we, thank you and ask for your continued guidance, protection, and providential care over our city. May your grace and favor rest upon us. We pray these things through Christ our Lord, Amen. Meridian City Council September 14, 2004 Page 2 of 39 Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Slyter. If I could, I'd like to present you one of our City of Meridian pins. Thank you. I guess the last time I saw you was at the veterans ceremony at the dedication. Thank you again for joining us. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We would like to add a couple under 6-A, the Mayor's office would like to do a report and we'd also like to add Item 15, an executive session as per Idaho State Code 67-2345(1)(e). And with that I move that we adopt the revised agenda. Rountree: Second. De Weerd: It's been moved and seconded to adopt the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of August 10, 2004 Pre-Council Meeting: B. Approve Minutes of August 17, 2004 Pre-Council Meeting: C. Approve Minutes of August 24, 2004 City Council Regular Meeting: D. Land Lease Agreement with Ken Hamilton Presentations: E. Well 26 Test Well Drilling Oversight - Hydrolic: F. System Development Fee Review Contract: H. Resolution No. Amendment to Sections 1.2 and 8.2.1 of the Standard Operating Policy and Procedure Manual Pertaining to At-Will Employment, and Adverse Employment Action Appeals, and Adding New Policy 6.14 Pertaining to Clothing for the City of Meridian: I. Approve Contract for Stenographic Services - MD Willis, Inc.: Meridian City Council September 14, 2004 Page 3 of 39 J. Resolution No. Increase in Rates and Set Solid Waste Collection Rates within the City of Meridian: De Weerd: Item 5 is the Consent Agenda. Mr. Clerk, do we have resolution numbers? Bird: I have got them. Nary: Madam Mayor? De Weerd: Do you? Okay. Mr. Nary. Nary: Before we add resolution numbers on Item 5-G, I'd like to move that to Item 7-G for discussion and I know Mr. Berg doesn't like to get out of order on the numbers, so maybe we could wait on that until we have discussed that and whether to add a number to that tonight. De Weerd: So, we could go ahead and put numbers to H and J. Okay. Mr. Bird. Bird: Madam Mayor, Item E -- or F under the Consent Agenda needs to be completely - - this is something that we had a foul up from one of the departments and we -- this is something we passed a couple of months ago, so there is no -- we need to completely do that. As Mr. Nary said, we need to move G to Item 7-G. That makes A resolution number would be 04-442 and J resolution would be 04-443. And with that I would move that we accept the Consent Agenda as noted and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: It's been moved and seconded to approve the Consent Agenda as amended. Is there any further discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: On Item 5-D I guess there is some discussion we need to have on that. wondered if we should pull that maybe for a later Council, not for tonight, but for either a week or two from now, for discussion, if the Council is in agreement to do that. Bird: Which one is that? Nary: The land lease agreement with Ken Hamilton Presentations. Bird: Oh. Okay. De Weerd: If we can set that over in two weeks. • Meridian City Council September 14, 2004 Page 4 of 39 Bird: Sure. I don't know why not. De Weerd: To October 5th. Rountree: Does the maker of the motion agree? Bird: The motion -- I would agree to that. Rountree: Second agrees. De Weerd: Okay. Thank you. I appreciate that. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Presentation of Certificate. De Weerd: Okay. Item 6 under department reports, we do have three firefighters here with us tonight that we would like to recognize. We had a notable accident in July that we recognized one of the other crews that responded to that call and, as we stated then, we realize that our firefighters see a great deal in responding to many of these calls and they do see it in light of their line of work, that this is why they do it and this is their jobs, but every once in awhile we do like to take an opportunity and let them know that we appreciate their service and going above and beyond their service that evening saved lives and was extraordinary. So, I would like to recognize the crew -- the other crew that was on site and present them with some certificates. If Captain Lance Smith, Fireman Ken Wilhorn, and Fireman Justin Porter-Winkler would step forward? These certificates read for certificates of service or -- during a rescue effort after a car accident on July 25th, 2004, lives were saved as a result of his training and quick response during a time of crisis. I would like to thank all three of you for extraordinary performance and let you know how much we appreciate what you do. Council, I do want to let know that we have an opening on our Meridian Development Corporation, we also have an opening on our parks commission, and we still have one seat open on our traffic safety commission. We are looking for a resident south of the freeway. If any of you would like to get involved with the city, certainly we'd love to see letters of interest, so we can fill these commissions. So, that is my report. Item 7: (Items Moved from Consent Agenda) G. Resolution No. of Excessive Demonstrators: Force Against _: Policy Prohibiting Use Non-Violent Civil Rights • Meridian City Council September 14, 2004 Page 5 of 39 De Weerd: Item 7 we did remove an item from the Consent Agenda, Item G. And Mr. Nary. Nary: Madam Mayor, Members of the Council, I was reading this resolution policy prohibiting use of excessive force and I was noting in the material that was prepared along with it that this is, essentially, a compliance resolution regarding some federal funds, some matching funds that we received, and a requirement that we have some sort of policy regarding the use of excessive force and they sent a model policy along and this resolution that's in front of us basically follows that model resolution that was sent. In discussing this matter with the police chief, I think the chief might have some comments as well, but we already have policies that deal with that and I guess I'm not clear in the information that was presented on whether or not it's required that we pass this exact resolution or we simply have, you know, adequate information to show we have a policy such as this in dealing with excessive force and if we are going to pass this resolution, I think I would recommend that we amend some of the wording, because the wording indicates that we somehow have to amend our policy to reflect this type of practice and I think we already have this practice as it is. But I don't know, Madam Mayor, if it would be all right if the chief has some comments to enlighten us as well. De Weerd: Yes. Thank you, Mr. Nary. Chief? Musser: Madam Mayor, Councilman Nary, Members of the Council, I also reviewed the proposed language, had some questions if this wasn't identifying a specific class of persons, so to speak, in terms of where we were headed with the federal funding that had been requested. I do know that currently our policies do cover that. We do stipulate within our use of force that it's not to be excessive, it clearly falls within classes for use of force, depending upon the circumstance and the type of aggression that a police officer may encounter at the time of contact with people. Further, Idaho state law also prohibits use of excessive force period. With that in mind, I was wondering if, in terms of discussing this with Councilman Nary, if we already meet the confines of the policy or if they are looking for something specific in terms of where we need to go, because I feel that our current policies do address this, we do have it in place, we do train and do analysis on any types of use of force, just so we can remain compliant and make sure that there are no problems or foreseeable risk issues that we may be running into. So, that was my comment in terms of this is I do think we are compliant with it right now, but I don't know if this is a specifically requested matter in terms of the funding that we are looking at. De Weerd: Thank you, chief. Mr. Nichols, do you have anything to offer? Nichols: Yes, Madam Mayor. De Weerd: Or add. I'm sorry. r~ Meridian City Council September 14, 2004 Page 6 of 39 Nichols: Members of the Council, first let me just say that the grant funding agencies tend to be typical bureaucracies where folks have checklists that things have to be checked off and so in connection with this CDBG grant, one of the things that they are going to be looking for is a copy of a resolution adopting a policy prohibiting the use of excessive force against nonviolent civil rights demonstrators. So, the easiest way to do that is to have a resolution that says we won't use excessive force against nonviolent civil rights demonstrators. So, we prepared a resolution so that it can go back and the person that checks before money comes out can say it's done. That was -- that was primarily why I did it the way I did it, because I have had some experience in the past with things where in connection with federal grants in another community that I represented, one year we had to pass like four different resolutions pertaining to excessive force, nondiscrimination, affirmative action, some other things, two years later we got some more federal funds, we wrote and said we will take these ones we did two years ago. They said, no, you got to do it again. Even though we, essentially, had said they are still in force, they haven't been repealed, they are in good standing. And so to facilitate a receipt of these monies, I prepared the resolution. The other thing was it was a lot quicker to do it that way than to get the police manual, pull the portions out and send it back to somebody and say is this good enough. That's really the reason I did it this way. They asked for this in connection with this particular federal law that says you can't get these funds unless you have a policy in place and if somebody reads the police manual and says, well, it doesn't specifically refer to nonviolent civil rights demonstrators and, therefore, it doesn't apply, I just didn't want to go there. So, that's why I put this together that way I did. De Weerd: Thank you, Mr. Nichols. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And I assumed as much in reading just the material that was provided to us, that this was simply a federal requirement that doesn't always have to make sense, because that's pretty normal. I think -- I guess to me the only provision of it that's of any bother to me is I know this was a model resolution that was provided to us, that the section two says the City Council directs the police chief to implement this resolution by amending applicable police department procedures. Basically directs the chief to do something that's already been done. I guess for me personally I would simply delete section two. Section one complies with the requirement of the federal law. I agree with Mr. Nichols that it just makes -- I mean sometimes we do things that we just do, because we just got to do it and Idon't -- I don't have a big concern about that, but I don't see a point in having this provision in there that somehow implies that we don't have such a procedure or we don't have such a policy that already exists and section one says it is the policy of this city that excessive force by local law enforcement agencies shall not be used against individuals engaged in lawful and nonviolent civil rights demonstrations within the city boundaries and that's what this provision of the law they sent us requires us to Meridian City Council September 14, 2004 Page 7 of 39 have. So, we could delete section two and I don't think it's necessary. And maybe that's my one little way of saying we could do it this way and I don't think they will care. De Weerd: Mr. Nichols, do you have any further comment? Nichols: Madam Mayor, Members of the Council, if that's what you want to do, that's what we will do. The only other -- another alternative that's kind of in the middle is to add a phrase at the end of that section that says in the event that such existing policies do need to be amended or something like that, that just essentially says if we haven't already covered it, the chief will take care of it. Or you can take it out and we will see what happens. De Weerd: I guess we always like to do things our way, but when we have money tied to it and the time frame is very tight on this, that adding a few more words seems to be the least -- the route of least resistance. And we do need the money. So, I'm looking at it with a little different perspective at this point. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess if we would, then, add the resolution number, it would be 444, then, would move that we approve resolution 04-444, the resolution of the City Council adopting a policy prohibiting the use of excessive force, with the added amendment as suggested by counsel for section two that indicates that if such policy doesn't exist, the police chief will amend such to be in compliance and with all other wording left intact, I'd move the approval of that resolution. Wardle: Second. De Weerd: It's been moved and seconded to approve Item G regarding ordinance -- or resolution number 04-444. Is there any further discussion? Rountree: I have none. De Weerd: Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 8: FP 04-055 Request for Final Plat approval for 34 building lots and 9 common lots on 11.31 acres in R-8 and L-O zones for Razzberry Crossing Subdivision by Carl and Bonnie Reiterman -south of East McMillan Road and west of North Locust Grove Road: Meridian City Council September 14, 2004 Page 8 of 39 De Weerd: Thank you very much. Item 8 is FP 04-055. Anna. Canning: With all that time I should be ready. I'm sorry. Madam Mayor, Members of the Council, there is a letter requesting that this item be tabled for one week. Bird: That's right. I forgot about that. De Weerd: I'm sorry, that letter is in front of you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue -- or I guess table Item 8, FP 04-055 until September 21st, 2004. Rountree: Second. De Weerd: It's been moved and seconded to continue Item 8 until September 14th, 2004 -- Nary: That's today. De Weerd: All those -- I'm sorry. The 21st. Thank you, Mr. Nary. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: FP 04-056 Request for Final Plat approval for six commercial building lots and one common lot on 2.82 acres in a C-G zone for Initial Point Subdivision by Robnett Construction -east of North Meridian Road and south of East Fairview Avenue: De Weerd: Item 9 is FP 04-056. Canning: Madam Mayor, Members of the Council, this is the final plat for Initial Point Subdivision. This property is about 300 feet south of Fairview Avenue near the existing Ultratouch car wash. The preliminary plat came through not too long ago. The final plat is in substantial compliance with the preliminary plat. Ms. Sonya Allen did include one additional condition of approval and that's regarding the eleven parking spaces that need to be provided for Ultratouch. We already have a recorded instrument, but we just need that referenced on the plat. The final plat is in substantial compliance. I also wanted to just make a note for the applicant that item number 12 says remove the street name North Lakes Place, we do have the approval letter for that, so that's all I had. De Weerd: Okay. And is the applicant in agreement? • • Meridian City Council September 14, 2004 Page 9 of 39 Canning: They are nodding yes. De Weerd: Okay. Council, you have got staff comments. The applicant is in agreement with all staff comments. Is there any further information needed? Rountree: I have none. Bird: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve FP 04-056 final plat for Initial Point Subdivision with the addition of the staff comment regarding eleven additional spaces for Ultratouch car wash. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 9. Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. We are in the Public Hearing section of our agenda and by ordinance we are required to swear in the citizens and people who would like to provide testimony on these applications. Any applications from ten to 14, if you will be participating in the public commenting part, if you will, please, raise your right hand. Will you testify to tell the truth, the whole truth, and nothing but the truth, so help you God? If so answer I will. (Affirmative answers.) item 10: Public Hearing: RZ 04-008 Request for a Rezone of .23 acre from R-8 to proposed O-T zone for Larry Knopp by Larry Knopp - 713 North Meridian Road: Item 11: Public Hearing: CUP 04-019 Request for a Conditional Use Permit for a retail and professional office use in an existing building in the proposed O- Tzone for Larry Knopp by Larry Knopp - 713 North Meridian Road: De Weerd: Thank you so much. Okay. Item 10 and 11 are public hearings RZ 04-008 and CUP 04-019. We will open these public hearings with staff comments. U Meridian City Council September 14, 2004 Page 10 of 39 Canning: Madam Mayor, Members of the Council, this is a rezone request and a conditional use approval for 713 North Meridian Road, which is just across the street from the new bank that's going in behind us -- there is my mouse. There we go. This is City Hall right here. There is Farmers and Merchants half block there and we are right across the street. The rezone request is from R-8 to OT, Old Town, which is consistent with the Comprehensive Plan. The Conditional Use Permit request is to remodel the existing home into an office space and, then, there is a garage facility located on the south end of the property that would be expanded and, then, also remodeled into office space. The two structures would be connected by a breezeway. This is Meridian Road here to the east. And, then, access to the parking areas would be from the alley and, then, they have the parking at the rear of the property. These are some of the elevations of the remodeled structure. This would be looking from the alley. This is the existing home. And, then, this is the remodeled garage. And, then, this would be looking from Meridian Road and, again, the house and the remodeled garage with the breezeway structure. There is just some of the existing site photos. It does have a little bit of grade to it. And that's the front as you see it from Meridian Road. I did want to -- well, the Planning Commission has recommended approval of this -- both applications. The applicant Larry Knopp and the owner's representative Lance Churchill testified in favor of the application. No other testimony was given from the public. There were five special considerations detailed in the staff report. The Commission's discussion centered on those issues and, in particular, to one regarding setbacks that I will go over in just a bit. The key Commission changes to the staff recommendation is they did delete staffs proposed condition regarding the proposed setback for the remodeled garage structure and staff still feels that that's an important issue for consideration before the Council tonight. So, I will go into that briefly. As you know, the OT zone does not have specific setbacks. It says to look to the use that's being proposed. A light office use would be required to have a 30-foot setback from the right of way. The right of way begins about five feet from the edge of sidewalk here. So, the edge of right of way is approximately right here. The applicant has proposed -- and, I'm sorry, that's from the future right of way would be five feet from this structure here, from the ACHD future right of way. So, the L-O zoning you normally have a 30-foot setback. The C-G zone you'd normally have a 15-foot setback and that gives you kind of the range of setbacks. As I mentioned, they are proposing five feet from the right of way. That future right of way location from ACHD is based on a 70-foot ultimate right of way. Staff was concerned with the downtown transportation plan that's being done right now, that one of those conclusions from that study may be to widen Meridian Road even further and that we would be approving tonight a structure that would need to be basically acquired by ACRD to enable that widening that may be proposed. Also, the 2005-2009 TIP as approved by Council, as recommended by the transportation task force, did list as the number three requested project to ACHD, it was to rebuild Meridian Road from Cherry Lane to Franklin Road to five lanes and preserve and support 90 foot right of way. So, staff is still very concerned about that this structure is going to be approved too close to the existing right of way. Mr. Siddoway did go out and he looked at the setbacks for the neighboring structures on Meridian Road and he found that they were primarily about 23 to -- just a moment. Sorry. They were approximately 23 feet from Meridian City Council September 14, 2004 Page 11 of 39 the existing right of way or 18 feet from the right of way that's being requested by ACRD at this time. So, there is that five-foot difference. So, staff had had a condition of approval asking that the new addition be built in alignment with the existing structure and thereby preserving that planning for the future and preserving that right of way if it was needed. There was a -- kind of an out clause that said if they were waiting -- if they could wait until the downtown transportation plan was done before they pull the building permit for that structure, then, we could base it on what -- the recommendations of that plan. So, that's all the presentation that staff has at this time. De Weerd: Thank you, Anna. Any questions for staff at this time? Is the applicant here? And I did see you raise your hand. If you will just, please, state your name and address for the record. Did you not participate -- yes. You're fine, then. Knopp: Larry Knopp. De Weerd: If you will pull the microphone towards you. Thank you. Knopp: Larry Knopp, 355 South 3rd Street, Boise. I'm the architect representing the property owner. The setback for the development on the carport -- I went over this in great detail with ACRD and talked to them. They have got an initial 35-foot easement on the east side of Meridian Road now and I'm not sure if there was some additional right of way -- and maybe Anna could answer that question -- as far as the new bank goes, if there was some additional right of way taking on that. Canning: Madam Mayor, Members of the Council, I don't know for sure. Knopp: On the new bank facility that's being built right across the street from this project. But through extensive conversations with ACHD, they did not have it in their five to ten year plan and not in their 15 to 20 year plan as far as Meridian Road goes. And so what my client is asking for is to try to establish the addition for the additional square footage and income that he might receive on the development over this period of time, if and when the additional right of way was needed or required. They have 30 feet on the west side at this time. ACHD is asking for an additional five feet, so the drawing that you see on this screen takes the additional five feet into consideration, plus an additional five feet back from that future right of way. So, in essence, we are setting back about 15 feet from the back of the sidewalk at this present time, the existing sidewalk. We tried to design it and to take into consideration some exposure and feel of Old Town and I think what Planning and Zoning is trying to accomplish and that's to bring the buildings forward and have that feel of what the old designs were and accommodating pedestrian foot traffic and trying to bring in people off the street. So, we have -- we have ample room for the additional right of way and for an accommodating them. I believe that Steve Siddoway told me that Old Town, what they try to do is to have like a 12-foot sidewalk landscape, tree-scape, and scenario for the Old Town area. So, we are well within that and exceeds that. So, really, what my client is trying to do is to -- the building is in very bad shape. There is an extensive amount of money, he analyzed it and decided at this point in time, because of the size of the s Meridian City Council September 14, 2004 Page 12 of 39 • property and what's there, that if he could go ahead and improve the existing facility, add on and remodel the car -- or the garage that he could get a return on his investment over a period of time and so this is why we are looking for as much square footage as we can get on the garage or on the carport section. The house is -- lends itself mainly to office use, because of the way it's broken up. There is a stairway and it's atwo-story structure, so we are anticipating that maybe one tenant is on the first floor, one tenant is on the second floor, and it will be used more in professional office space type thing. My client's hoping to attract some more of a commercial use in the garage area and we have established our parking and the parking ratios based on what we have got with the new remodeled garage as commercial and the house being as professional office to meet the city ordinance. I believe that's all that I have. We have addressed the other concerns on the sight and landscaping, trash, the other areas that the Planning and Zoning had and we revised that site and drawing and resubmitted it and I think Planning and Zoning have those revised drawings. If I can answer any of your questions. De Weerd: Okay. Council, any questions? Thank you very much. Knopp: Thank you. De Weerd: Is there anyone who would like to provide testimony on this application? Okay. Seeing none, Council, do you need any further information from staff or the applicant? Bird: I don't, Madam Mayor. De Weerd: Okay. Hearing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on Items 11 and 12 -- or I mean 10 and 11. I'm sorry. Rountree: Second. De Weerd: It's been moved and seconded to close the public hearings on Item 10 and 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Is there any discussion on either of these items or further information from staff? Okay. Do I have a motion? Bird: Madam Mayor? • Meridian City Council September 14, 2004 Page 13 of 39 De Weerd: Mr. Bird. Bird: I move we approve RZ 04-008 and to include staff and applicant comments. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 10. Is there -- Mr. Nichols? Nichols: Madam Mayor, just a caution to the Council to make sure you address the setback issue in Item 11. De Weerd: Okay. The motion is to approve Item 10. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 11. Mr. Wardle. Wardle: Madam Mayor, for discussion purposes, I guess I have just a quick question for those that have been in more discussion with members of the MDC and some of the look and feel of downtown. Applicant's comments were that we were looking for a closer streetscape to have some of that available and I just wondered if anyone had a comment about that. Bird: I don't. Rountree: I have none. De Weerd: Anna, I guess maybe in terms of the design review and the specifications that have been going on with that, where are we at and did it include the Meridian Road corridor in those specifications? Canning: My recollection is that it did not go to the west side of Meridian Road, it only included the east side, and those are ready to go forward. We were holding up for a little bit until we could get the downtown transportation plan started and I do believe that Steve is ready to take those design guidelines forward soon. But I do not believe that they went to this side of the street. De Weerd: What were they going to look like on the other side of the street? Canning: Well, a lot of the discussion was along Main and there it was to build to line, instead of a setback line, so it was to bring them up to a 12 foot sidewalk and have them be part of that, create that space there at the public sidewalk, but if through the downtown transportation management plan this becomes the major thoroughfare to get people from Fairview to the freeway, then, this may very well be the edge of Old Town. • Meridian City Council September 14, 2004 Page 14 of 39 It may not be able to go across the street, or downtown, anyway. I'm sorry. It's already Old Town from the Comprehensive Plan. But it may effectively become a dividing line for the downtown area. De Weerd: Mr. Wardle, does that answer your question or cause more? Wardle: I'll make a motion and we will see if we agree. How is that? De Weerd: Okay. Wardle: Madam Mayor, I move that we approve Item No. 11 CUP 04-019, Conditional Use Permit and to include all staff, applicant, and public comments and to leave the setback requirements as they came from the Planning and Zoning Commission recommendation. Bird: Second that. De Weerd: Okay. I have a motion to approve Item 11 as recommended by the Planning and Zoning Commission. Is there any discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: CUP 04-020 Request for a Conditional Use Permit for a pharmacy in an L-O zone for Medicap Pharmacy by Larry Knopp -east of North Ten Mile Road on north side of West Cherry Lane: De Weerd: Okay. Thank you. Item 12 is a Public Hearing on CUP 04-020. We will open this Public Hearing with staff comments. Canning; Madam Mayor, Members of the Council, this is a request primarily for a -- it's a conditional use request for adrive-thru facility. It is in the -- I can't remember the name of the subdivision. I'm sorry. I'll just continue. I'm sorry. You recently approved the final plat for the subdivision on this parcel. This facility is located in the northwest -- the southwest corner of the property. This is the pharmacy and, then, the drive-thru facility comes right through here and it would loop out and come back out the entrance drive. There are neighboring residential properties. As you may recall at the final plat hearing we talked about the need to reconstruct the fence in this area and they are missing a fence here, so those were made conditions of the final plat, so they will have new solid fencing along this boundary to mitigate some of the affects of that drive-thru. This does come forward with a recommendation for approval from the Planning and Zoning Commission. The applicant Larry Knopp and the developer John Wyman testified in favor of the application. There was also a letter of support from Ginger Cooper. There was no other testimony from the public. The key Commission changes were regarding the landscaping buffer between land uses along the west boundary in this area. It was Meridian City Council September 14, 2004 Page 15 of 39 modified to be consistent with the alternative compliance approved by Council on the final plat for Lynwood Plaza. There we go. There is a drainage or an irrigation facility in this area, so they weren't able to put trees on top of the tiled ditch, so they relocated those trees to the rest of the site. And as you can see from the landscape plan, they have a -- they will have many trees. These are the elevations. And these are some of the views. This is the pathway coming into the property from the north from the existing neighbors. And, then, that's the portion of the missing fence that's down here. There are no outstanding issues before City Council. Please note that Mr. Siddoway has a note: Please note that the proposed conditions from Settlers Irrigation District were intentionally removed from the recommendation to Council, because the Settlers Irrigation facility does not cross this actual property and does not serve it. And with that I will end staffs presentation. De Weerd: Okay. Council, any questions for staff at this time? Bird: I have none. Rountree: I have none. De Weerd: Is the applicant here tonight? Oh, well, of course, you are. If you will just state your name and address one more time. Knopp: Larry Knopp, 355 South 3rd Street in Boise, the architect representing the owner on this property. We have, I believe, gone through and addressed all the items and concerns of the staff, the landscaping issues, and screening and we have done the drawings, submitted them to Planning and Zoning, so we should be -- we should be in good shape and we are in agreement with all the conditions of the Planning and Zoning staff. De Weerd: Okay. Thank you. Any questions for the applicant? None at this time? Thank you. Knopp: Thank you. De Weerd: Is there anyone who would like to provide testimony on this application? I know you guys all just came because we just have such interesting meetings; right? Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no more comment, I move that we close the Public Hearing on Item No. 12. Bird: Second. Meridian City Council September 14, 2004 Page 16 of 39 De Weerd: It's been moved and seconded to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item No. 12, CUP 04-020, Medicap Pharmacy. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 12. If there is no further discussion, Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: VAC 04-005 Request for a Vacation of side yard utility and irrigation easements on Lots 43-45, and Lots 88-91, Block 23, Ashford Greens Subdivision No. 2 by Brighton Corporation -east of North Black Cat Road and south of West Ustick Road: De Weerd: Thank you. Item 13 is a Public Hearing on VAC 04-005. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, the applicant has requested to vacate side yard utility and irrigation easements on two sets of lots, the ones that you see outlined in the heavy black here. You can see them here as well. The idea -- these are the actual ones being vacated. The applicant came to me and has tried some way to do a lot line adjustment through the city to be able to, essentially, reduce the number of buildable lots in each of those areas by one. So, in this area where there are three lots, his eventual desire is to reduce that to two lots and here where there are four lots, he would like to get three lots. To do that, one of the things that he needs to do is do the vacation and he will have to do a subsequent replatting of those lots to reduce the number of lots. That's really all there is to talk about. I feel like I'm short-changing all these folks, because I think this is a record attendance for a vacation application, but that's -- the intent is to be able to reduce the number of lots, eventually, so he is asking to vacate the easements at this time. Meridian City Council September 14, 2004 Page 17 of 39 De Weerd: Okay. Thank you, Anna. We do have an a-mail that is stating James Place homeowners held a special meeting on September 13th. The applicant explained the proposed realignment of lots in James Place and that it would reduce the number of lots from 73 to 71 and that the discussion that took place showed that the majority of the homeowners present were in favor of the proposed realignment and that was submitted by the secretary Sandra Howell. So, with that said, is the applicant here this evening? Canning: Before Mr. Turnbull gets up, I'm sorry, Madam Mayor, I forgot to mention there is an objection letter in the file from Ron Howell and this does come forward with a recommendation for approval from the Planning and Zoning Commission. There was, actually, no public testimony presented there. De Weerd: Okay. Thank you, Anna. The applicant? Were you sworn in? Turnbull: I was. De Weerd: Okay. Thank you. Just state your name and address for the record. Turnbull: David Turnbull, Brighton Corporation, 12601 West Explorer Drive in Boise. De Weerd: Thank you. Turnbull: Madam Mayor, Members of the Council, this is an application to vacate those side yard easements. The eventual objective is to -- as Anna mentioned, to reduce by two lots, one in each of these sections, so that we have some more build-able lots. We have had some difficulty with these properties, given the angles and the size of the properties, coming up with suitable house plans to fit these. Sometime back in March we went to the advisory committee and asked their opinion of this proposal and we got the green light from them to go forward. We have been processing that application since. As you know, we have to send letters to all the utilities, wait to get a response back from them, and once we have those responses back we scheduled this process and it's been through the Planning and Zoning Commission. We weren't aware of any objections to our proposal until Mr. Howell submitted a letter of objection, which you have in your packet, and it's never been our intent to do anything that the majority, at least, a substantial majority of the neighborhood wouldn't be happy with and so we held a meeting last night where there were probably in the neighborhood of 40 people attending. I explained what we were doing, why we were doing it, took questions and we had a good discussion. In the end the advisory committee called for a vote of how many were in favor and how many were opposed and I didn't get an exact count, I think there were probably five in the meeting that opposed. After the meeting I had the opportunity to talk to one of those gentlemen and went over and looked at his property, he lives in this home right here, explained what we were doing on this section right here and after I was able to talk to him, he said he withdrew his objection and he was in favor of what we were doing. So, again, it's always been our intent to work in a manner that would be beneficial to the neighborhood and that's what I think we have done. We asked for a letter from the advisory committee stating the results of the meeting last • Meridian City Council September 14, 2004 Page 18 of 39 night and that's what you have read into the record, Madam Mayor. So, I will stand for any questions if you have any. De Weerd: Okay. Council, any number of people who did sign u forward when I read your name. raise your right hand? Howell: Yes, I did. questions? Okay. Thank you. Okay. I do have a p. If you would like to provide testimony, please, step Ronald Howell. When we swore everyone, did you De Weerd: Thank you. If you will, please, state your name and address. Howell: Ronald Howell, 2396 Crooked Creek in James Place. De Weerd: Thank you. Howell: And I am the one who submitted the written objection. I'm not sure what was meant by the planning and so forth that testimony wasn't presented or something, but -- De Weerd: She just was noting that your letter was included in the file. Howell: Okay. And I would like to indicate that I have two objections to this as indicated in here. There are 73 lots in James Place and I believe they were platted in I think about '97 -- '96, '97 and we purchased -- we were about, I think, the sixth family out there in '99 and right now about two-thirds of James Place is built out. I think there are 48 homes sold. There are three or four more under construction by the developer and most of these homes are, oh, 1,500 to 2,100 square feet. There is one home with a three car garage, the rest are all two car garages. And it's our understanding and -- from the meeting last night that there are going to be several new homes put on these new lots that are going to be three car garages and I feel that we should keep with the original intent of the plat and the plan for James Place. At the time that this was platted the developer had -- I think it was five models and I'm assuming that there is certainly models that could fit on these lots they had platted at that time and I don't see why those can't be used at this time. So, I object to the fact that they are going to change the general type of building that they do there when we are two-thirds of the way through. The other objection I have is that reducing the three to two and the four to three lots we are losing two lots and this means we are losing two homeowners fees and right now we are paying 155 dollars a month as homeowners. Part of that does go to Ashford Greens and when I look at that and count the fact that, okay, if we don't have to pay Ashford Greens, it's costing each homeowner an additional 45 dollars a year by losing these, going from 73 down to 71, and I just feel that it's unfair at two-thirds of the way through the construction of the development that reduce the number of homes and, again, force the homeowners fees to go up because of this. De Weerd: Okay. Meridian City Council September 14, 2004 Page 19 of 39 Howell: And I'll end it at that. ., De Weerd: Thank you, Mr. Howell. Jerry Jenkins? Would you like to provide testimony? Thank you. Sandy Howell. Thank you. Victoria Banks-Alden? Burkes- Alden. Okay. If you will, please, step forward. And were you sworn in? Burkes-Alden: I was not, because I didn't realize I would be saying anything. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Burkes-Alden: Yes, it is. De Weerd: Thank you. Please state your name and address. Burkes-Alden: Okay. My name is Victoria Burkes-Alden. I live at 2710 South Basin Creek Avenue over in Thousand Springs Subdivision here in Meridian. I'm, actually, here representing my father Gerald Burkes and stepmother Joan Burkes. They would like to build on one of those lots that's going from the three -- or, excuse me, four down to three. I do respect this gentleman's opinion, but that floor plan that they have picked out -- and it's not shown on this map. There is already a house that is built with that floor plan, but my father would like one of these other lots and in order to do that they have to -- the house is too big to fit on one of the existing lots. So, they would really like to build in there and become, you know, citizens of Meridian. They are currently living in Boise. And that's about all I have to say about that. De Weerd: Thank you. So, what you're saying is that the house they would build is already within that -- the living community right now? Burkes-Alden: Yes. There is a floor plan that's already -- they have been trying to work with the realtor on getting the approval done, so that they could go on ahead and get one of those lots and start building their retirement home. De Weerd: Okay. Thank you so much. Burkes-Alden: Thank you. De Weerd: Millard Howell. Thank you. Gerald -- and, I'm sorry, I can't read the last name. Okay. Thank you. And Craig Rowen? Okay. Thank you. And those names that I read out after Mr. Howell were all testified and marked for the project. Is there anyone else who would like to offer testimony? Okay. I'm sorry. Mr. Howell, it's -- okay. Did you have a further question, Mr. Howell? If you would step forward. Just if you will, please, state your name one more time. Howell: Ronald Howell, 2396 Crooked Creek. Meridian City Council September 14, 2004 Page 20 of 39 De Weerd: Thank you. • Howell: And I forgot to add that I did circulate what I had objected to around to all the neighbors and Ihave -- and it probably does not mean anything to you, but I have had eight people who have called me who support the objection to this. So, as of the other day they started doing accounting and I do have eight names and, then, myself who objected to this and I don't know what that means in this, but since they are talking about eight or ten who approve this -- or maybe 15 at the meeting the other night, there are some who don't approve it who are not here tonight and there -- I should also add there is probably at least ten homeowners out there out of the 48 who are not in town at this time or who -- the houses are between the seller and a buyer. So, just for some of the numbers. De Weerd: Okay. Thank you. Okay. Is there any further testimony? Okay. Yes. Would the applicant like to have his rebuttal? Sorry, I almost forgot you. Turnbull: Well, I appreciate that and I won't take long. I would like to note that -- De Weerd: If you will just state your name again for the record. Turnbull: Excuse me. David Turnbull. Excuse me, Madam Mayor. Just -- I actually appreciate all these people coming out in support. I mean they didn't want to get up here and testify, but it does show that -- I don't -- I don't have this happen very often, that people come out to support us and so I appreciate them coming out. It's an unusual circumstance when a developer comes in to ask for a reduction in density, rather than an increase in density. And, again, I'd just reiterate if we didn't think it was for the betterment of the community, we wouldn't be doing it. We, actually, have four of these five reconfigured lots either pending or people interested in purchasing them. Our intent is to get this project, this neighborhood, built out as quickly as possible, so that we can get out of these wonderful neighbors' way. It's always a nice thing when construction is finished in a neighborhood and they don't have to deal with that anymore. Mr. Howell did mention some numbers on the cost of the reduced number of lots to the association. Right now the owners association fee out there is 155 per month, but a substantial amount of that cost comes in per home fee for yard maintenance and escrowing for painting each individual house. So, if you take those items out and you're just amortizing the balance over -- of the common area maintenance over the remaining owners, the cost per home per lot per month is -- Mr. Crandall from the association management company is here, he estimated it somewhere in the neighborhood of 45 cents per month. You know, it may be double that, a dollar per month per home. So I wanted to clarify that. Also there was comment about changing the character of the neighborhood. We started out this project with about five model homes and as we went along we added some, we probably have ten at this point. The homes that we are proposing to build on these reconfigured lots are consistent with all of the homes that have been built there so far. I do not intend to allow a three car garage in the sense that it would be three cars facing the street, three car -- three overhead doors facing the street, so -- but you can create garage space with i • Meridian City Council September 14, 2004 Page 21 of 39 windows, it just becomes good for storage, you know, and these people are downsizing, but sometimes they bring golf carts or some things like that, you know, things that they want to put in storage. So, I don't want to belabor the point, but the new homes won't be out of character, either in size or architecture from the existing homes. In fact, most of the homes -- the four that we are working on now are from 1,500 to 2,000 square feet, which is consistent with what we have been building in there already. Thank you. De Weerd: Thank you. Okay. Council, any further questions? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Okay. Do we have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing on Item 13. Bird: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Hearing none, do I have a motion? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve the request for Item 13, VAC 04-005, request for vacation of easements for Ashford Greens Subdivision No. 2. Bird: Second. De Weerd: It's been moved and seconded to approve Item 13. Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. ~ s Meridian City Council September 14, 2004 Page 22 of 39 Item 14: Public Hearing: RZ 04-010 Request for a Rezone of .68 acre from R-4 to an O-T zone for Mittleider Rezone by Leon Smith - 125 West Cherry Lane and 1645 West 1 S Street: De Weerd: Thank you. Item 14 is Public Hearing RZ 04-010. Canning: Madam Mayor, Members of the Council, the subject of this application are these two properties here. They straddle between West 1st and West 2nd Street on Cherry Lane. You can see the reference to Meridian Road here. They are, actually, comprised of the four old lots, but in two properties. There are two existing homes. One takes access off of Cherry Lane, the other takes access off of 1st Street. West 1st. The applicant's proposal tonight is just to rezone the property from R-4 to Old Town for the purpose of redeveloping the property as office uses and there are -- or there is a development agreement suggested by staff that would limit that to not have commercial retail uses, but just two office uses. The property is about a little less than 7/10ths of an acre in size. The Planning and Zoning Commission held their hearing on August 19th and they have recommended approval of the rezone. Leon Smith represented the applicant and testified in favor of the application. No members of the public testified in opposition to the application at the Planning and Zoning Commission hearing. There was discussion about future access to Cherry Lane and allowing the existing residents, as I point out, to continue to use the driveway on Cherry Lane until the site redevelops. The applicant is not asking for approval of a site plan at this time. Staff did ask for a conceptual site plan. This is that site plan. As you can see, there are two buildings, they come up to the sidewalk on both 1st and Cherry Lane and, then, on 2nd and Cherry Lane and, then, the parking kind of wraps behind and into the middle. Staff has recommended that there not be access to Cherry Lane and I believe that is also in the development agreement that as it redevelops there would not be access to Cherry Lane, there would only be the temporary access for the existing home. But, again, they are not asking for approval of the site plan at this time, they are only asking for the rezone from R-4 to OT. The key Commission changes to the staff recommendation, the Commission did vote to amend the condition that allows the existing residents to have direct access to Cherry Lane until the site redevelops and at the time that the recommendation was written for Council, there were no outstanding issues. As you can see from the attendance, the neighbors are -- some of the neighbors are here tonight to testify in opposition to this application. There is also some concern about proper noticing and staff did check all the notices that went out and we do believe that the proper notice was done. There might have been one person who was improperly noticed, because of a similar name. We -- when we generate the labels we have to go through manually and remove duplicative names and we might have accidentally removed an extra Smith, but that person was notified for the City Council hearing, even though they may have missed -- and we are not quite -- exactly sure that they missed the P&Z, but they were notified for the City Council hearing. With that, I will end staffs presentation. Meridian City Council September 14, 2004 Page 23 of 39 De Weerd: I guess, Anna, I have a question. On this rezone, they are not necessarily asking for the plan that you showed, but once it's rezoned, then, it's permitted and they don't necessarily have to come in with a new plan, do they? Canning: No. And there is, actually, four existing lots there, so they do have the separate ownerships. Staff did, as part of the development agreement, restrict access to Cherry or have suggested that anyway. So, there is not a whole lot of options available as far as -- as far as development getting adequate fire and car access to and from the site. De Weerd: I guess that's why I like to see what the plans are when the public has an opportunity to see what those plans are, so they know what is going in there. Canning: And to my knowledge -- I'm sure we talked to the applicant about it. I'm not sure why they decided to go -- not go forward with a CU at this time, other than they do not know the specific use that wants to go in there and because everything is conditional use in the Old Town, they may have wanted to wait until they had it specific. De Weerd: Okay. So, they will have to come back for a CU? Canning: Right. It's Old Town. That's right. Bird: Everything is CU in -- De Weerd: Okay. Are there any questions for staff? Okay. Is the applicant here? I did see your hand was up. If you will just state your name and address. Smith: Madam Mayor, I have been sworn in. My name is Leon Smith and pleased to be here before the Council and yourself and reiterate this proposal. De Weerd: Mr. Smith, will you, please, state your address. Smith: My name is Leon Smith. De Weerd: Okay. Thank you. Smith: I live in Twin Falls, Idaho, but my wife Janice Mittleider and I own these two lots right here. My wife's mother, Novella Mittleider, sitting in the back row there, owns these two lots. There is one dwelling on each lot. Novella has raised her family there and I think she has lived there about a half a century. When she was raising her family Cherry Lane was two lanes wide. Now, Cherry Lane is five lanes wide in front of her house, and it has over 30,000 cars a day. She can't sit on her patio, because of the exhaust and noise, it's just -- and her patio faces Cherry Lane. It's only about 20 yards away. We rent our property, the one dwelling there, and we have difficulty finding renters, because people with children -- and the house is built for children, don't want to be on a street with 30,000 cars a day, so that is our dilemma and that is the reason that C Meridian City Council September 14, 2004 Page 24 of 39 ., we decided to come forward and try to get it rezoned to Old Town, so that we would have some prospect of selling the property and/or developing the property, either one, for the offices for a doctor or a dentist. Our conceptualization here contemplates that it would be dental offices and we have agreed to everything that the staff has presented to you in the staffs recommendations. It's perfect for professional offices, because of the exposure to Cherry Lane and also it makes a nice buffer, because you require in your ordinances that we would buffer the back of the lots with vegetation and flowers beds, shrubbery, or whatever and also you require it along Cherry Lane. So, it could be an improvement to the appearance of that -- the end of that block in Wilson Subdivision, with the two offices and with all of the improvements that you would require of us. I might mention that the Comprehensive Plan calls for Old Town on Novella's two lots. The Old Town designation runs right down the ditch for some reason or other, so this is within the Comprehensive Plan, but it would be very difficult for us to develop this with just the two lots, because, as you know, they are very small lots and it's much more practical to develop it all together, so that's the reason that we have come before you and asked for the Old Town designation, that it would be contiguous. We think it would be an improvement over what's there and like was mentioned before, we have to come to you for any use that we put on there as a conditional use and you can put any conditions on there that you feel are in the best interest of the city. So, everyone that's seated here that objects to this proposal would have their opportunity when we did come forward with a concrete proposal for development. And I would be happy to answer any questions that you have. De Weerd: Thank you, Mr. Smith. Any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. Smith, staff had indicated that in the Planning and Zoning hearing that there was discussion about access on Cherry Lane and that their recommendation that there be no access allowed on Cherry Lane. Is that consistent with your understanding and -- what's your sense of that? Smith: Thank you. And, yes, this conceptual has an entrance off Cherry Lane. The entrance that now exists is right over here and that gets to our tenant's garage. So, we implored the Planning and Zoning Commission to put in there that this use would be permitted until we develop it and we are happy that they went along with that and we would not develop an entrance off Cherry Lane for the development of these lots. Rountree: Thank you. De Weerd: Thank you. Any further questions? Nary: Madam Mayor? ~J Meridian City Council September 14, 2004 Page 25 of 39 De Weerd: Mr. Nary. • Nary: Mr. Smith, I guess I'm a little curious as to -- since you don't have a plan yet and you don't have a tenant and you don't have a design, why do you choose to do this now? Smith: We can't encourage much interest until we do have Old Town designation, so that a dentist or a doctor or anyone that might want to put an office there would say, okay, it's zoned, now I can come forward with it. But so far we haven't been able to attract much interest until we get this rezone. Nary: Thank you. De Weerd: Thank you so much. Smith: Thank you. De Weerd: Okay. We do have a number of people signed up against. Rebecca Curtis? Okay. Signed up against. Cody Curtis. Okay. He also signed up against. Wally Newton? Would you like to provide testimony? Newton: I'd just like to say my name is Wallace Newton, 15 -- De Weerd: Did you -- were you sworn in? Newton: No. I come through the door late. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Newton: Yes, I will. De Weerd: Thank you. Please state your name and address. Newton: Wallace Newton, 1523 West 1st. De Weerd: Thank you. Newton: I have had the good fortune of living there about half as long as Novella and raised my family there and I have watched the families grow and move away and we have had a wonderful thing happen in the last two years there, we have a lot of young families come in and buy, a lot of children, and we are really concerned about the increased traffic, we are having a real problem with speeding traffic through there now, we just were afraid that if any -- anything you do on that end to increase the traffic is going to hurt our neighborhood, because we have the school at the end of the street, a Meridian City Council September 14, 2004 Page 26 of 39 lot of these children walk up and down that street and it's just -- it -- we would like to do anything we can to prevent traffic. Thank you. De Weerd: Mr. Newton, are there sidewalks on that road? Newton: No, ma'am. De Weerd: Okay. Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Newton, where do you live on there? There is a little pointer on the podium if you want to use that. Newton: Right there. Nary: Thank you. De Weerd: And I have to apologize, because I can't read the next name, but it looks like -- the last name begins with an M. Marsh? Match? Very well could be. Would you like to provide testimony? He did sign up against. Deborah Madsen. Okay. Mrs. Lloyd, would you like to provide testimony? Signed up against. Jenny Ransley signed up against. Connie Thompson? Okay. Signed up against. Would you like to provide testimony? If you will state your name and address. Were you sworn in? Thompson: No. I was chasing my little boy. De Weerd: I have been there. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Thompson: I do. De Weerd: Thank you. Please, state your name and address. Thompson: Connie Thompson, 1325 West 1st. I have lived on West 1st Street for about two years. I know a lot of the people along there, they know me and my son. There is no sidewalks. When I take him for walks we have to walk in the street. Cars are pretty fast along there. If offices come in that causes more traffic. There are a lot of kids, like a lot of the other parents have said, they are forced to walk in the streets. Now, my son, as you can see, he is in a wheelchair and with no sidewalks and excessive traffic, it's just asking for an accident to happen. I mean he -- my son has already been through seven surgeries, he's six years old. I don't need anything to happen to him. I went school in Meridian. I think that -- I think Meridian is really great. want my son to grow up here, because of the close knit neighborhoods and we have no Meridian City Council September 14, 2004 Page 27 of 39 crime like Boise does, we don't have half the trouble that Boise area does, and this is why I brought my son to Meridian. That's all I have to say. De Weerd: Thank you. Any questions, Council? Bird: I have none. Rountree: I have none. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I'm curious, since a lot of these folks haven't testified, but they are objecting to it, I guess I'm curious as to why do you believe that an office on the end there that abuts Cherry Lane, is going to bring more traffic on your street? And Ijust -- you know, I drive down West 1st Street constantly and I have for 20 years. I guess I'm unclear why you believe having offices that face Cherry Lane, when there are other offices along Cherry Lane in that area, is going to bring more traffic down your street. Thompson: It will cause a congestion on Cherry Lane to where they will cut in on the side street to get out of the extra traffic. That's what's happening now. People don't want to sit and wait to try and get out onto Cherry Lane or they don't want to sit and wait for the light to change, so they go up West 2nd Street, they come down West 1st Street, and with offices going in there, that's going to cause even more traffic. Nary: Imean we are just talking a couple of dentist offices or something like that, is what it's likely to be there or something in that nature. I guess I'm -- I guess I just have a hard time envisioning how that's going to cause more -- other than maybe if we, instead of not allowing access onto Cherry Lane, we did allow the access onto Cherry Lane, so that the people could get in and out without coming onto your street. But I guess I -- I just don't see --Imean we are not talking a little strip mall like down the street, we are just talking a couple of, you know, orthodontists or dentists or doctors or something like that that don't seem like they are going to add much traffic to Cherry Lane that isn't already there and so I guess I have a hard time connecting the two as to why the offices in that location right now are going to gather more traffic down your street. There is no offices down your street, there is no reason to go down there because of these anymore than there is today. Thompson: If they are in the offices, though, and they can't get out onto Cherry Lane, where are they going to go? They are going to go down the side streets. Nary: Right. That's what I'm saying is maybe we should allow the access onto Cherry Lane in some sort of right in, right out, because Imean Iguess -- maybe if you have some idea or thought --Imean as Mr. Smith testified is those are not very viable residential properties any longer and if you look all the way down Cherry Lane -- I used i ~' Meridian City Council September 14, 2004 Page 28 of 39 to live on Cherry Lane for a long time. Those aren't very viable for people to live in right there abutting that street any longer, so I don't know what other alternative these folks have to do with their property, other than a small sort of professional office and if maybe they could access Cherry Lane, that would be less traffic on your street that's related to the office. Or what do you think? Thompson: I'm not a planning and zoning person, so I'm just voicing my opinion that that's what I'm looking at. You know, the possibility of more traffic and when the kids do walk up the street to school and there is no sidewalks, there is -- we are just asking for trouble on that, I believe, without the sidewalks it forces the kids and everybody else into the street. Nary: Thank you. Thompson: Thank you. De Weerd: Sandra Newton? Were you sworn in? S.Newton: No. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? S.Newton: Yes. De Weerd: Thank you. Please state your name and address. S.Newton: My name is Sandra Newton and I live at 1523 West 1st Street and I'm -- Wallace Newton is my husband. I wasn't going to testify, but Mr. Nary brought up the question of why we feel the way we do. I'm in agreement that there is too much traffic and the traffic is -- goes by there very very fast. There is -- the speed limit is not very clear, there is no speed bumps, there is no sidewalks, but I would ask that Council, before they make a final decision, if possible, if they would put one of those counting things along our street to show how much traffic that we actually get now and if there is no access to Cherry Lane from those offices, I don't think that they'd have anyplace else to go but down the side street and I think the easiest one would be West 1st, because they can down to Elm and over to Meridian there by the church and that's the traffic they take -- the route they take now. When they come down off of Cherry Lane, come down in front of all of our houses, they turn on Elm and go over onto Meridian Road and so I would ask that they make a consideration to do that before they rezone it, to look at the traffic now and what it might do if they don't make access to Cherry Lane, if you know, they decide to rezone it. That's all I ask. Thanks. De Weerd: Thank you. Shirley Smith. Would like to provide testimony? • Meridian City Council September 14, 2004 Page 29 of 39 S.Smith: A gentleman who was planning to come with his wife tonight had something come up. May I submit this as a letter that he left? De Weerd: Yes. Thank you. If I could -- were you sworn in? Did you participate when we swore everyone in? Okay. If you will raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? S.Smith: Yes. De Weerd: Thank you. If you will state your name and address. S.Smith: Shirley Smith on 1615 West 1st Street. De Weerd: Thank you. S.Smith: Thank you. May I ask before I make my comments if anyone on the panel has had a chance to look at the duplicated petition that was put with over 41 names? De Weerd: No. We just received that. S.Smith: Okay. The other thing -- the copy of what the petition says, only the names -- the 41 names are only on the original. The copy that is above the petition -- and it says copy of the petition at the top. We wanted to save time and so we printed that out and that was what was above the petition that the 41 persons on 1st and 2nd Street signed. That way we wouldn't have to go over a lot of things. Now, did you want to read it before I make my comment or afterwards? De Weerd: Council, would you like to take a moment to read -- look through this before the comments are made? Okay. If you will make your comments, they will take a few moments to read it. S.Smith: Thank you. And also there are eleven letters from persons who were not able to be here. De Weerd: And we have those. S.Smith: Thank you. You have this also. This is, essentially, a copy of some of the -- most of what I want to say. And the reason that -- Mr. Nary made a comment and the reason that no one was at the former meeting and -- about the traffic also, is because we were not notified of it and I will get into that later on in the letter, how most of us didn't have any clue that this was happening. In addition to the information written on the petition concerning traffic and disruption of our relatively quite neighborhood, and a fear that our 1st Street, a street lacking sidewalks, dead ending at Meridian Elementary, forcing us to walk in the streets, will be even more busy and noisy. For example, last year my daughter, who is handicapped and who is legally blind, cannot drive, broke her foot trying to negotiate getting, you know, from the street into the gravel -- that was next • Meridian City Council September 14, 2004 Page 30 of 39 • to the gravel next to the driveway. I will add the following concerns. Number one: The Ada County highway department information on Public Hearing RZ 04-010 states they estimate an additional 236 vehicle trips in the proposed rezone area per day if the zoning is approved. They -- number two. They stated they have no near future plans for road improvement in that area. Number three. The access to the proposed rezone, according to ACHD, will not be allowed on Cherry Lane. It must be accessed on 1st West and 2nd, as soon as -- if this is approved. Number four. We apologize for the lateness of your receipt of our letters and signatures against this rezone. Eighteen letters concerning 24 properties in the 300-foot area were sent to property owners. Of these 24 properties, seven are owned by one person, nine are on Meridian Road and Cherry Lane. Of the 24 properties, 15 are owned by absentee owners and only nine of the 24 are actual residents of 1st and 2nd West Streets. The majority of these property owners are in our current R-4 zone. Therefore, we would not be exposed to the -- excuse me. The 24 property owners in our current R-4 zone, therefore, not be exposed to the future problems the actual residents fear. Because our street is a dead end, more than the top four or five homeowners who actually live here and received letters are involved deeply in this decision, as is evident by the letters, eleven; the attendance, 14 of us, and over 40 names on the petition that you have. I'm grateful that Mr. Leon Smith, no relative, brought up the fact that only half of the area is in the future use Old Town rezone map that is out on your wall and that concerns us, too, because if that gets in, that means other things can be encroached into areas that were not in the future rezone. We respectfully submit, because of the interests of the neighborhood residents and our compelling concerns, that you will consider not to approve the rezone at this time, not only because of our personal concerns, but because of the traffic congestion and the current ample commercial facilities in the area show no need for further commercial development at this time and -- De Weerd: Mrs. Smith, I'm sorry, your time is up. Can you summarize? S.Smith: What? Do you want me to show you where I live? De Weerd: No. Your time is up. S.Smith: Yeah. I did. I heard it. And if I hadn't of added those comments at the first it wouldn't, because I timed it before I came. I didn't want to go over three minutes. Thank you. De Weerd: That is all right. S.Smith: Questions? De Weerd: Is there any questions from the Council? Bird: I have none, Mayor. De Weerd: Okay. Yes, can you show us where you live on that map? Meridian City Council September 14, 2004 Page 31 of 39 S.Smith: Yeah. If I can figure out how to not be spastic and work it. De Weerd: Don't worry, we all have done that, so -- S.Smith: Thank you. De Weerd: Thank you. Any further questions, Council? S.Smith: Thank you for listening. Appreciate it. De Weerd: Shirley Smith. Oh, I'm sorry. I already got you. And Michael Pasley. Ramsey: Ramsey. De Weerd: I'm sorry. Would you like to provide testimony? Also signed up against. Is there anyone else is the audience who would like to provide testimony on this application. It is okay if you didn't sign up. Would you like to participate or provide testimony? Okay. If you will, please, step forward. Please state your name and address. Oh, we didn't swear you in. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Green: Yes. De Weerd: Thank you. Please state your name and address. Green: My name is Diane Green. I live at 1520 West 1st. We moved out to Meridian from the dreaded California about a year ago. We picked that area, I don't drive, I love the fact of being so close to be able to walk places and this is a little scary, you know, we just came because we didn't know what all this meant, but we think of it in terms of -- you know, I respect the people there, because I can't see the people living on that street, just as living. I'm sure that, you know, it would be better for them to have some sort of business, but we don't want it to -- you know, like spilling over down into our street, because -- well, like I said, we moved in a year ago and since, then, three younger families moved in and have done so much to fix up their property, we see kids walking up and down the street and just pretty much what the other people are seeing. We'd kind of like to preserve that part. It's just a really special place to live and we are really glad to be there, but we'd just like to, you know, keep it like that. That's all. De Weerd: Thank you. Is there any further testimony? Okay. Would the applicant like to respond? Smith: Thank you, Madam Mayor, Members of the Council. Leon Smith responding for the applicant. I really don't know how to respond. Mr. and Mrs. Newton were mostly concerned about traffic issues on West 1st Street and I, myself, go down Cherry Lane and turn on West 1st, so that I can avoid the light and the stopped traffic. So, I think Meridian City Council September 14, 2004 Page 32 of 39 r~ ~J that is just a natural trend that isn't going to be changed whether there is residences on those two lots or whether there are a couple of dentists' offices. The sidewalk that Mrs. Thompson was concerned about, so that there would be access -- she was worried about a sidewalk and I presume she was talking about that sidewalk, which is a very wide sidewalk. I think that's probably six or seven feet wide along both properties and probably would not be changed with whatever development we did, but I'm sure the city would probably require sidewalks on both of those streets on the part of the property that we would develop and so there would be more sidewalks available to children to get to the school or to get up and down 1st Street. As for Mrs. Smith's petition, I don't know anything about it. I didn't know anyone was opposed to this until today. I have never seen a petition, I have never seen any letters and no one has ever contacted me, nor have they contacted Novella or my wife. And so this -- if it was a ground swell it was being done unbeknownst to us and I haven't read what's in the petition, so I can't address what the complaints or concerns are. If the complaints or concerns are specified, I'd like to know what they are. De Weerd: I will share mine with you. You can keep those. Bird: Madam Mayor? De Weerd: Mr. Bird. The petition -- the cover is also included in that. Smith: Okay. Well, if any of you are aware of any of the concerns or problems, in quotes, that have been cited by the petition and would like to ask me any questions, I will be happy to respond as best I can. De Weerd: Mr. Smith, I think what we will do is we will recess for ten minutes, allow you an opportunity to read some of that, and the Council as well, and give an opportunity for them to ask questions if they have any. Smith: Okay. Thank you very much, Madam Mayor. De Weerd: Does that sound good? Smith: That sounds fine. De Weerd: Okay. Council, is that okay? Rountree: Yes, ma'am. De Weerd: Okay. I will call aten-minute recess and reconvene at about five minutes to 9:00. (Recess.) C l Meridian City Council September 14, 2004 Page 33 of 39 • De Weerd: Okay. I will go ahead and reconvene this meeting. It is 9:00 o'clock. Would the applicant like to step forward? Now, that you have had a chance to read the objections and Council has had a chance as well, I will go ahead and start with you. Smith: Thank you, Madam Mayor. I'll make it very short, because as I went through all these -- I didn't read every word on every one of them, but they all relate it -- they seem to relate to me to traffic and I can't do anything about traffic. What Cherry Lane has Cherry Lane has and this development, if it added anything to traffic, it would be pretty minuscule compared to the way the traffic continues to grow on Cherry Lane. If I could change it, I'd like to do that, but we will be happy to work with the neighbors and anything that we do have control of and, hopefully, we won't have this lack of communication again, but I hope that the City Council will give serious consideration to our rezone, because it's very important to us on our property. Thank you. De Weerd: Okay. Thank you. Council, any further questions for staff or the applicant? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I know we have staff from the highway district here as well and I think there are some -- some possible alternatives that maybe he can speak to that the neighbors would have some opportunity to know about. I think some of the things they have raised in regards to traffic, as I have stated, I just don't see it. I mean I don't see that this particular office space is going to add more to West 1st Street or West 2nd. I think there are some other intermediate measures, but if you're prepared to speak towards some of those opportunities, whether neighborhood grants and sidewalks and those types of things are opportunities that you could, you know, make folks aware of and we could look at as we go forward. Inselman: Madam Mayor, Members of the Council, Gary Inselman with the Ada County Highway District. De Weerd: And I did see you raise your hand, so you must have known we were going to ask you to come up here. Inselman: I knew you would ask me one day, so -- I'm not deeply familiar with the programs you're referencing, but I do know a neighbor talked to our planning supervisor today, I believe, and we put them in contact with who they do need to speak to about community programs to possibly improve the street, get the sidewalks constructed, or to do a study upon cut-through traffic and traffic calming to see if any of those would be warranted. As for the trips that the proposed development would generate, unfortunately, until there is a specific development proposal before us, it's hard to speak to that issue. The estimate in our staff report on the rezone is just that of a real broad- brushed estimate for the allowed uses in the zoning and so it would be hard to estimate how many trips may possibly divert down the road until there is a specific use in front of Meridian City Council September 14, 2004 Page 34 of 39 • us and the access issues are addressed. But we would be happy to work with the neighbors to see what can be done and to study their issues and address them when a development does -- proposal does come forward. De Weerd: Thank you, Gary. I think those are some good ideas and maybe our planning staff can work in conjunction with you to look at what the cut-through traffic is and since Meridian has never applied for any of your sidewalk funds, this might be a good time to take a look at it and see how that is, because we really are looking at how we can connect to our schools. That is very very important and I know that ACHD currently has a study underway on where those areas are and putting those in a high priority for receiving those grants. Bird: That's correct. De Weerd: Okay. Well, thank you. Any further questions for Gary? Bird: I have none. Thank you. De Weerd: Thank you. Mr. Nichols. Nichols: Madam Mayor, Anna, is there a pending application to the east of this site? One of the opposition letters referenced a rezone of five lots to the east, on the east side of 1st. Do you know if there is any pending applications there? Canning: I'm not aware of any. To my knowledge, the only ones we have had on -- recently have been the 713 North Meridian, Old Town rezone request, and, then, this request. Nichols: Okay. Madam Mayor, Members of the Council, in the letter from the Boardens, in the second paragraph, it says it was brought to our attention that a block of five houses to our east facing West 1st Street are to be rezoned for commercial use. We were aware that the two Mittleider homes were to be rezoned, but the rest of the block came as quite a surprise and so they address in the letter -- and where the Council likes to know about other pending developments in looking at an application in front of them, I'm just curious whether you were aware of any pending applications in that area. Canning: I am not. We had a cutoff just last week and we haven't reviewed all the applications associated with that. So, one may have come in after that I'm not aware of, but at this point I don't know of anything there. Bird: Madam Mayor? De Weerd: Mr. Bird. • • Meridian City Council September 14, 2004 Page 35 of 39 Bird: Does the letter writer have any -- does anybody have any idea where these are supposed to be? Are they on the east side of West 1st or are they the -- the one's already zoned where the old bicycle shop is on the corner of Meridian and Cherry Lane and, then, there is the two small ones where Ricketts used to live and two smaller lots. De Weerd: It looks like -- if you would like to step forward, please. We need you to speak in the -- to the record. S.Smith: Thank you, Madam Mayor. I appreciate it. That is a rumor that was going around by a person who said that he was at this previous meeting and he said some other things, too, and I think that that's how that got started. It is not true. It was something I think to sort of satisfy his own situation. Rountree: Sometimes that happens. De Weerd: I wish I could say I'm shocked. Thank you. Okay. Any further discussion or questions for staff? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move that we the close Public Hearing on Item 14. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I think we have really two different issues that we are talking about, but the only issue, really, before us is whether or not this particular property should be rezoned to be compliant with the Comprehensive Plan. Half the property is in Old Town zone, so certainly half of it is compliant, without really any other discussion about the zoning. The other half of it, I think the issue before us is whether it makes sense to zone it compatible with the adjacent property and I think we need to look at the surrounding properties to be able to make that finding. I think the issues that are being raised by the neighbors are very legitimate. I mean as I said, I drive down West 1st Street every week. It is hard to get out onto Cherry Lane from West 1st. I just don't see that any of • ~ Meridian City Council September 14, 2004 Page 36 of 39 the uses that are being contemplated here and are going to be restricted by this development agreement, to simply just very much professional office types of things, are going to add more traffic. But one of the things I would be interested in doing is deleting the condition that access to Cherry Lane is prohibited. I don't know what property -- what this property is going to be six months or a year from now or whenever they are going to develop it. I don't want to limit or prohibit access when, ultimately, that may be the best access for it is from Cherry Lane. I understand the neighbors' point that if the only accesses are going to be on 2nd and 1st Street, that that alone may add some traffic to their street. I don't think it's significant in comparison to what's already there. I don't see this type of development adding a tremendous amount more traffic than is already there, but I think there is some traffic problems and I think there is a way to address those differently than simply not allowing a rezone. I lived on Cherry Lane for nine years; I lived on it when it was atwo-lane road as well, so I know what it was like when it was like that. It's not like that anymore. It's not residential property any longer, in my opinion, along Cherry Lane. I do think that there are means through the highway district to address those traffic concerns, whether it's traffic calming, whether it's sidewalks, whether it's something else on 1st Street and 2nd Street to make them more viable for residential uses, but I don't think it -- I don't think those issues are the same as this rezone application. I think those -- a couple of things we may want to consider for the development agreement that is being requested is to make sure that the neighbors have notice of whatever it is these folks want to build. Right now we don't know what that is, so we can't design something without knowing what it's supposed to look like. But I think we want to be sure that the people who live in the adjacent neighborhood have some notice. We may want to consider expanding that notice beyond just the 300 foot requirement to make sure it's clear that these people have some opportunity to come and tell us what's going to be there and whether or not they think that's compatible. And, again, secondarily, I guess I'm not -- I'm not interested or wanting to have the condition recommended by the Planning and Zoning Commission about the access to Cherry Lane is prohibited. I would just as soon delete that. I don't know that access to Cherry Lane won't be the most appropriate access, I just have to wait and see what the development looks like, but for this rezone, I don't see that as a problem, I think it's more the use and when the use is going to be decided, then, we will have an opportunity to make comment and the neighbors will have an opportunity to provide comment and if we required that a neighborhood meeting be held, that would also give them an opportunity to tell us what the uses are in relation to their neighborhood and, like I said, in the meantime they certainly should be discussing some of those other alternatives with the highway district, so that there is better traffic issues to address now on their street, not from this development, but already exists, so it doesn't continue to be a problem on their street. That's my thoughts. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would like to address just a couple comments that I agree with. One, with the developer, I agree that this is not a good residential property in the sense that there is a Meridian City Council September 14, 2004 Page 37 of 39 large amount of traffic on Cherry Lane and the homes are very near that and I don't think it's conducive to an R-4 zoning for residential. I also agree with the neighbors that there is certainly a traffic issue on their street, as well as lack of sidewalks and those are things that are important, but I don't believe this one specific development will affect what's going on today. I think that I will also agree with the comment by the developer that there has been a lack of communication and I -- where ever the breakdown was there, I certainly think that going forward this Council can structure a development agreement that will be conducive to allow everyone to have comment and input, because we are just talking about a rezone right now, we are not talking about a use, a specific use or a site plan. We have seen some options, which I -- I guess in my opinion won't negatively impact this area. Those are my comments. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I, like Councilman Nary, am not sure how this rezone is going to impact traffic and I just have to compliment Mr. Nary that I didn't realize that lawyers made such reasoned traffic engineers. Nary: I guess that's thank you. Rountree: But -- and I don't disagree with not handcuffing the applicant or anybody else in terms of access at this point, if we do move forward with the rezone. I think the rezone is consistent with the Comp Plan. I think that the potential use as described tonight is consistent with the buffer that currently exists on a good portion of Cherry Lane in that vicinity with office space and very nice residential area behind it buffered from the noise and busyness of Cherry Lane. So, I think this project has been a catalyst that's identified some issues that are issues in not just this area, but other areas in the city where we do have traffic issues on East -- well, I should say Main Street now and Meridian Road, where people are finding alternative routes, because these facilities are at or near capacity. I think when we get at the real problem and that's the traffic circulation in downtown Meridian, that I would anticipate a good share of the issue of cut-through traffic on East 1st and a little bit -- or West 1st and West 2nd should be eliminated, so -- but I tend to be favorable towards this application. De Weerd: Mr. Bird, do you need to add anything? Bird: I think everybody's stated it pretty well. De Weerd: Okay. You know, I appreciate all the comments and certainly where Councilman Rountree said this is a catalyst, we appreciate public comment, because it does make -- it does bring to light concerns that do exist and see how we can bring some resolution to them and I do appreciate the ACHD's statements and maybe we can • Meridian City Council September 14, 2004 Page 38 of 39 find some solutions for that area before an application would come back with the CUP, so we know how things can look and certainly to explore the sidewalk options as new and younger families come in, certainly we want to enhance those -- that safe route to school and give them safety in getting to and from those educational facilities. So, appreciate your discussion, Council, and -- Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: May I chime in on one thing? Councilmember Nary mentioned something about maybe requiring a neighborhood meeting and I wanted to suggest that the one tactic that the city of Boise uses for their neighborhood meetings -- it's not only the property owners, but the residents within the 300 foot radius and the applicants can tell, because it doesn't say 1st Street or 2nd Street on it, so they are able to tell which ones and they can just send it to the resident at those locations. So, I just wanted to offer that as something to consider with regard to the communication problem that we have had. De Weerd: Well -- and certainly we can extend that -- the radius of that mailing as well? Canning: Yes. De Weerd: Okay. Council? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I would move the approval of Item 14, RZ 04-010, the Mittleider rezone for 125 West Cherry Lane and 1645 West 1st Street, to include all staff and public comments and developer comments that have been made tonight, with the addition to the findings from the Planning and Zoning Commission, the deletion of the sentence regarding the access to Cherry Lane being prohibited and leaving that particular discussion for another day and I think by deleting that it simply says that they may continue to use the access along Cherry Lane currently until it redevelops. That also a condition of the development agreement be that the applicant provide a neighborhood meeting and provide notice to all the property owners and residents within 600 feet of this property. I'm hoping that should be adequate. That's 200 yards. I think that's probably adequate to provide notice to the surrounding neighbors as to whatever potential uses. I think the other one is already prohibiting other types of commercial uses, so I think that condition is adequate. And I think that's -- I think that's all the conditions necessary to address the concerns for tonight. Rountree: Second. Meridian City Council September 14, 2004 Page 39 of 39 De Weerd: Okay. It's been moved and seconded to approve Item 14 with the noted changes. Any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 15: EXECUTIVE SESSION: De Weerd: Thank you for coming. Item 15 is an Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session per Idaho Code Section 67-2345(1)(e). Nary: Second. De Weerd: It's been moved and seconded to adjourn into Executive Session. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: MEETING ADJOURNED AT 10:22 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) l f/cg l ~¢ MAYOR TAM EERD DATE APPROVED ~~~u~ni~~+a~a ATTEST: WILLIAM G. BERG, JR, tTF` ' ~ O Ric 9 EAL ~~ 'yam ~''!~T ~°~°~ `\r ~ '9 1ST ,,,~ CpU SOP ``~,, ~ ~ September 10, 2004 MERIDIAN CITY COUNCIL MEETING September 14, 2004 APPLICANT ITEM NO. S-E REQUEST Weli 26 Test Weli Drilling Oversight - Hydrolic AGENCY COMMENTS CITY CLERK: CITY ENGINEER: Ses attached CITY PLANNING DIRECTOR: CITY ATTORNEY CCTV POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: y.~ CITY PARKS DEPT: G~ 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 meeMn~s shall becane property of the CHy of Meddke+. ~ ~ RECEIVED SEP 0 3 2004 City Of Meridian City Clerk Office Memo To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 9/9/2004 Re: Proposed Agenda a Items for September 14, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the September 14 City Council consent agenda: ~~ Well 26 Test Well Drilling Oversight - Hydrologic Attached is a Change Order #1 (final) for additional services required by Hydrologic for oversight of the second test well at Well 26. Because an additional well had to be drilled, the change order cost for oversight is not-to- exceed $12,600. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order #1 (final) for additional work required on Well 26 Test Well for $12,600 With Hydrologic and authorize the Mayor to sign it. System Development Fee Review Contract -Environmental Financial Group Attached is a contract with Environmental Financial Group to evaluate the System Devotement Fee currently being considered and make recommendations on the viability and defensibility of the fee program. Alternatives will also be presented. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for $4,000 for review of the System Development Fee with Environmental Finical Group and authorize the Mayor to sign it. From the desk o£ .. Lenard Grady Staff Engneer Meridian Public Works Depatllrtent 660 E. Wa[ertower, Suite 200 Meridian, Idaho 83642 (208)898-5500 Fax: (208) 898-9551 • Page 1 d t dianci >~ y @ ri•o~ • CHANGE ORDER NO. 1 DATE OF ISSUANCE June 21 No. 1 EFFECTIVE DATE Sent 1 OWNER Citv of Meridian CONTRACTOR Hydrologic Contract: Well 26 Test Well Oversight ENGINEER City of Meridian You are directed to make the following changes in the Contract Documents: Description: Oversight for Addition Test Well. See attached Memo. Reason for Change Order: Additional cost for work described above. Attachments: (List documents supporting change): Memo frpm Hydro Logic CHANGE IN CONTRACT PRICE: Original Contract Price $ 20.575.00 Net Increase (Decrease) from previous Change Orders No. to $ None Contract Price prior to this Change Order: $ 20,575.00 Net increase (decrease) of this Change Order: $ 12.600.00 Contract Price with all approved Change Orders: $ 33.175.00 RECOMME DED: By: EN E (Authoriz ignature) CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Bv: Mayor De Vlleerd /~ ~ Date: Date: ~~ ~~' EJCDC 1910-8-B (1996 Edition) . Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Attest: William Berg Jr., City Clerk Council Approval 9/14/04 APPROVED: Hydro Lc9ic InZ 1002 W. Franklin Street Boise ID 83702 (208) 342-8369, (Fax) 342-3100, h d~gic(a,gwest.net August 30, 2004 City of Meridian 660 East Watertower, Suite 200 Meridian, Idaho 83642 Attn: Mr. Len Grady Subject: Explanation of chazges and request for change order for Meridian Test-Well #26 project Dear Len: As you aze aware, during the course of drilling the City's #26 test-well, the driller encountered down hole difficulties during construction of the multiple piezometer nest. These problems necessitated that a second test-well be drilled to sample water quality from some of the target aquifers. As a consequence of having to drill, construct, and sample the second well (to 680 feet), additional professional services were required by Hydro Logic, Inc. over our original contracted scope of work (two wells instead of one). Under cover of this letter, I am requesting a change order to our existing contract to cover Four (4) new aspects of the test-well #26 project. Each component of the change order is described and estimated. If our actual costs are less, the City's costs will also be less. Professional Labor: Adding the 2~ well required additional services for 1) arranging prices and drilling for the second well with the contractor and 2) additional on-site inspection services for the second well. ($2,500.°-~ Well Development and Sampling_ Owing to cost over runs with the drilling contractor, and the high expense of $175/hour for rig time, it was decided that Hydro Logic, Inc. would develop the deeper test-well by clearing the drilling mud and grout from the well and by conducting the pump-testing and sampling of the well instead of the contractor. The well could not be cleazed by air-lifting and had to be flushed to the bottom with a piped water supply. Clay dispersing chemicals had to be introduced and purged from the well on several occasions to induce water flow from the well. ($3,600.°-°) Comprehensive Report: As a result of Hydro Logic, Inc.'s, water meeting with the City Water Department and Public Works, it was resolved that the City wanted a comprehensive report describing all aspects of the two test- wells that was outside the scope of the original contract. ($ 3,500.°-~ Well Head Enclosures: The City has embazked upon a project to place lockable security enclosures on all of its test-wells. Hydro Logic, Inc. has a current contract with the City to equip six of its test-wells with such security enclosures and has developed a prototype enclosure. With the two new test-wells at the #26 site, we assume that the City would like to emplace protective enclosures on these wells also. To that end, we aze including costs, within this change order, for the fabrication and installation of two well head security enclosures. The cost for these enclosures aze estimated at $1,500 each which is less than the cost per shelter in our existing contract. However, owing to the two shelters being at the same site and because the prototype and procedures have already been developed, we believe we can piggyback these two shelters onto our existing project for significantly less money. ($3,000.°-~ It is requested that an additional $ 12,600.°0-° be appropriated for this project. Respectfully Ed Squires • s September ] 0, 2004 MERIDIAN CITY COUNCIL MEETING September 14, 2004 APPLICANT ITEM NO. S-F REQUEST System Development Fee Review Contract AGENCY COMMENTS CITY CLERK: CITY ENGINEER: Bee 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: /~ ~ ~ ,r ADA COUNTY HIGHWAY DISTRICT: V N GV_ 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 preser~tod at pubdc meetings ahaA become property of the City of Merldlan. • RECEIVED SEP 0 9 2004 City Of Meridian City Clerk Oi£ice Memo To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 9/9/2004 Re: Proposed Agenda a Items for September 14, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the September 14 City Council consent agenda: Well 26 Test Well Drilling Oversight - Hydrologic. Attached is a Change Order #1 (final) for additional services required by Hydrologic for oversight of the second test well at Well 26. Because an additional well had to be drilled, the change order cost for oversight is not-to- exceed $12,600, Recommended Council Action: The Public Works Department recommends that City Council approves Change Order #1 (final) for additional work required on Well 26 Test Well for $12,600 With Hydrologic and authorize the Mayor to sign it. System Development Fee Review Contract -Environmental Financial Group. Attached is a contract with Environmental Financial Group to evaluate the System Devotement Fee currently being considered and make recommendations on the viability and defensibility of the fee program. Alternatives will also be presented. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for $4,000 for review of the System Development Fee with Environmental Finical Group and authorize the Mayor to sign it. From the desk of... Lenard Grady Staff Engineer Meridian Public Works Departrnent 660 E. Watertower, Suite 200 Meridian, Idaho 83642 • Page 1 (208)898-5500 Fax: (208)898-9551 gradyl~,hrieridiancity.org • AGREEMENT THIS AGREEMENT, made and entered into this day of 200_, by and between the City of Meridian, hereinafter referred to as the Client, and Environmental Financial Group, Incorporated, hereinafter referred to as Consultant, WITNESSETH: Whereas, the Client is considering implementation of System Development Fees to provide funds to reimburse private development and the City-for construction of sewer and water trunks" ("the Project"), and Whereas, the Client desires to retain the services of the Consultant to review and make recommendations regarding the Project, NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. The Client hereby retains the Consultant for the Project, to perform the services on the terms and conditions specified herein and the Consultant agrees so to serve. The parties agree that the Consultant shall be an independent contractor and shall not be an employee of the Client. The Consultant, as an independent contractor, is not entitled to workers' compensation benefits and unemployment insurance benefits, and the Consultant is obligated to pay federal and state income tax on any moneys earned pursuant to the contract relationship. 2. The Scope of Services is attached hereto as Exhibit A and made a part of this agreement. Consultant agrees to perform the work described in the Scope of Services in compliance with all provisions of this agreement. Consultant represents that it has the requisite authority and capacity to perform all terms and conditions on Consultant's part to be performed hereunder. 3. The work will begin and be completed in accordance with the Scope of Services. 4. The Client reserves the right to omit or modify any of the tasks identified in the Scope of Services, upon notice to Consultant. 5. Client agrees to pay Consultant for services rendered pursuant to this Agreement the sums set forth in the Exhibit B, as adjusted to reflect the omission or addition of any of the tasks set forth therein. Payment shall be made upon billing by the Consultant, which billing shall occur not more frequently than monthly, and which shall identify the tasks performed. 6. The Client reserves the right to monitor and evaluate the progress and performance of the Consultant to ensure that the terms of this agreement are being satisfactorily met in accordance with the Client and other applicable monitoring and • evaluating criteria and standards.. Consultant shall cooperate with Client relating to such monitoring and evaluation. 7. Insurance Requirements. (a) Comprehensive General Liability. The Consultant shall procure and keep in force during the duration of this contract a policy of Comprehensive General Liability insurance insuring the Consultant against any liability for personal injury, bodily injury, or death arising out of the performance of services hereunder and against liability for property damage with a combined single limit of at least $1,000,000. The limits of said insurance shall not, however, be a limit to the liability of the Consultant hereunder. (b) Professional Liability Insurance. The Consultant shall procure and keep in force during the term of this contract errors and omissions professional liability insurance insuring the Consultant against any professional liability with a limit of at least $1,000,000 per claim and annual aggregate. The limits of said insurance shall not, however, be a limit to the liability of the Consultant hereunder. (c) Terms of Insurance. Insurance required shall be with companies with a general policyholder's financial rating of not less than "A" as set forth in the most current edition of "Best's Insurance Reports" and may provide for deductible amounts as the Consultant may deem to be reasonable for the project, but in no event greater than $20,000. No such policies shall be cancelable except after thirty (30) days prior written notice to the Client. The Consultant shall not do nor permit to be done anything that shall invalidate the insurance policies referred to in this section and Consultant shall immediately advise the Client in writing if a reduction in coverage or other modification of the insurance coverage occurs. Policies described in (a) and (b) above shall be for the mutual and joint benefit and protection of the Consultant and the Client. Such policies shall contain a provision that the Client shall be entitled to recovery under said policies for any loss occasioned to it, its servants, agents, citizens, and employees by reason of negligence of the Consultant. Such policies shall be written as primary policies not contributing to and not in excess of coverage that the Client may carry. (e) Other Insurance. The Consultant shall procure and keep in force during the term of the contract other insurance as may be required by any law, ordinance or governmental regulation. 8. Indemnification. The Consultant hereby covenants and agrees to indemnify, defend, save and hold the Client harmless from any and all liability, loss, costs, charges, penalties, obligations, expenses, attorneys fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of or by any reason of any violation of the contract or of any law, ordinance or regulation by the Consultant, his agents, employees, servants, subcontractors, business invitees; or by reason of any injury or damage however occurring to any person or persons whomever (including the Consultant, his agents, employees, servants, subcontractors or business invitees) or to property of any kind whatsoever and to whomever belonging (including the Consultant, his 2 • agents, employees, servants, subcontractor or business invitees); or from any cause or causes whatsoever arising out of the performance of services hereunder. 9. Governing Law and Venue: This Contract shall be governed by the laws of the State of Minnesota and the State of Idaho. 10. Assignability: This Contract is voidable by the Client if assigned by the Contractor without the prior written consent of the City. 11. Survival Clause: The indemnification provision of Paragraph 8 shall survive the completion of the Work and the termination of this Contract. 12. Compliance with the Laws: The Consultant shall observe and comply with all applicable laws, including but not limited to federal, state and local laws, regulations, rules or ordinances that affect those employed or engaged by it, the materials or equipment used for the conduct of the Work, and shall procure any and all necessary approvals, licenses and permits, all at its own expense. 13. This agreement may be terminated by either party upon five (5) days written notice. In the event of termination by the Client, other than for reason of default under this contract, Client shall be liable to pay to Consultant fees for services and expenses incurred to date of termination. 14. This agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. City of Meridian By: Title: ENVIRONMENTAL FINANCIAL GROUP, INC. By: Scott E. Harder Title: President 3 EXHIBIT A SCOPE OF SERVICES Task 1: Review Background Information -EFG team shall review background information provided by the Client and participate in telephone discussions related to this information. Deliverable: None. Task 2: Develop System Development Fee Program Options -EFG shall analyze the technical information used to develop the draft fee program. EFG shall also review capital plans, fixed asset information, and information .related to the city's Assessment Fee program. The purpose of the review shall be to ascertain the viability and defensibility of the technical rationale for the System Development Fee program. In the course of this analysis, EFG shall develop program options, focusing on cost recovery, administration, and integration with latecomer agreements. Based on this analysis, EFG shall develop appropriate assumptions, methodologies, and estimates that might be considered by the city as part of its System Development Fee program. Deliverable: Supporting spreadsheets, calculations, and tables detailing the technical rationale for the System Development Fee program and various viable program options. Task 3: Develop Program Recommendations -EFG shall then develop specific recommendations related to the System Development Fee program and, to a limited extent, the existing Assessment Fee program. Deliverable: (Presented in the memorandum described in Task 4.) Task 4: Prepare Memorandum -EFG shall then prepare a memorandum summarizing the analysis conducted, assumptions made, and specific program recommendations. Deliverable: A memorandum presenting the assumptions, analyses, conclusions and recommendations. Based on a review of a draft document by the city, EFG shall submit a final memorandum. 4 EXHIBIT B PROJECT BUDGET Task No. Description Not-to-Exceed Amount 1 Review Background Information 2 Develop Program Options 3 Develop Specific Recommendations 3 Prepare Memorandum TOTAL $4,000.00 Based on an hourly rate of $125.00 and 32 hours of work. 5 September 10, 2004 • MERIDIAN CITY COUNCIL MEETING September 14, 2004 APPLICANT ITEM NO. S-G REQUEST Resolution -Policy Prohibiting Use of Excessive Force Against Non-Violent Civil Rights Demonstrators 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 OFF{CE: OTHER: COMMENTS See aiFached Resolution 5~ ~ f~ , ~a~ ~ D ~' Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • RESOLUTION NO. ~¢ ~ ~¢¢ BY: ~~G~ ~~. ~ irk A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS. WHEREAS the Congress of the United States has passed the Armstrong/Walker "Excessive Force" Amendment (Section 104 (L)(1) of Title I of the Housing and Community Development Act of 1974 as amended) prohibiting the use of excessive force by a local law enforcement agency against any individual engaged in nonviolent civil rights demonstration within its jurisdiction: AND WHEREAS the City of Meridian has received an Idaho Community Development Block Grant and is required to comply with the Armstrong/Walker "excessive force" Amendment; AND WHEREAS the use of excessive force against demonstrators may cause the CITY to lose its gant or eligibility for future federal grants; AND WHEREAS, the City of Meridian has already adopted policies prohibiting the use of excessive force. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1. It is POLICY of the CITY that excessive force by local law enforcement agencies shall not be used against individuals engaged in lawful and nonviolent civil rights demonstrations within the City boundaries. SECTION 2. The City Council directs the Police Chief to implement this Resolution by amending applicable police department procedures in the event that existing police department procedures do not adequately address the policy established herein. / A PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l `~" ~ day of ~~!%/.?'Gh~„f e h , 2004. A RESOLUTION OF THE CITY COUNCIL OF MERIDIAN, Page 1 of 2 ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS. • / >~ AP O D BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this l ~ day of 2004. ~``~j\ 11~1< 1 1 \'If~ ATTEST: ;`''~~,\C~~~ oaf ~~~'~~~``~~ ~'~'~ TFO - s~~L CITY CLERK =~ 9 ~,,~ ,~w°~ O `~, 'A OP ,~ jpZ:\Work\M\MeridianlMeridian 15360M\Resolulions\RESOLUTION FOR CITY EXCESSIVE FORCE POLICY.doc A RESOLUTION OF THE CITY COUNCIL OF MERIDIAN, Page 2 of 2 ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS. CERTIFICATE OF CLERK OF CITY OF MERIDIAN I, undersigned, do hereby certify: That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City I the custodian of its records and minutes and do hereby certify that on the day of September, 2004, the following action has been taken and authorize A RESOLUTION OF THE CITY COUNCIL OF MERIDIAN, ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1. It is POLICY of the CITY that excessive force by local law enforcement agencies shall not be used against individuals engaged in lawful and nonviolent civil rights demonstrations within the City boundaries. SECTION 2. The City Council directs the Police Chief to implement this Resolution by amending a licable olice de artment rocedures in the event that existin olice de artment ~ '" ~~ ~" ~''~ pp P p p g p p P~r~ '~'~.,~~. not adequately address the policy established herein. ,~~~ ~~ lq ~%~ Fo William G. Berg, Jr. = 9 ~ City Clerk ~''~ '`~ '9 P , ,~~ STATE OF IDAHO ) . ss: County of Ada, ) On this ~~day of September , in the year 2004, before me, the undersigned, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .•• CE L• S ••. ~~~ 1~ ~ ~~~ ~ ~~~ (SEAL) ~pTAR}, •s , ,k ..~.r • •Ar . AV B LiG ~ , . L. Not P lic for Idaho C i sion Expires: Dy ~-0 U jpZ:\Work\M\Meridian\Meridian 15360M~Resolutions\Excessive Force Clerkcert.doc Date: September 2, 2004 To: The Honorable Tammy de Weerd Mayor, City of Meridian 33 East Idaho Meridian, Idaho 642 From Pat Madariet munity Development Specialist: Regarding: City of Meri ian-ICDBG-04-1i1-26-ED COMMERCE 8c LQBOR QIRK KElY8rr1"IORNE, GOVERNOR ROGER MADSEN, DIRECroR THE FOLLOWING DOCUMENTS HAVE BEEN PROVIDED TO YOU FOR YOUR: Review: ^ Action: ~ Signature: x^ ^ CONTRACT (Sign both copies and return to our office.) ^ EXECUTED CONTRACT (Retain document in your project file.) ^ CONTRACT AMENDMENT (Sign both copies and return to our office.) ^ EXECUTED AMENDMENT (Retain document in your project file.) ^ ENVIRONMENTAL RELEASE (Retain document in your project hle.) ^ FINDING OF EXEMPTION (Retain document in your project file.) ^ SUBCONTRACT APPROVALS (Retain document in your project file.) ^ ADDITIONAL CLASSIFICATION ^ CONTRACT AWARD APPROVAL ^ BID DOCUMENT APPROVAL ^ PHONE CONVERSATION FOLLOW UP © OTHER COMMENTS: Please fill out and sign the excessive force policy and keep one copy for your hies and return one to our office. cc: -LL _ ~esrle l oomos, Sage Community Resources STATE STREET OFFICE ~ 700 West State Street ~ P.O. Box 83270 • Boise, Idaho 83720-0093 ~ 208-334-2470 • cl.idaho.gov Equal Opportunity Employer APPENDIX ~i0. ~ ('ITY EXCESSIVE FORCE POLICY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCII. OF .ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS. WHEREAS the Congress of the United States has passed the ArmstronglWalker "Excessive Force" Amendment (Section 104 (L)(1) of Title I of the Housing and Community Development Act of 1974 as amended) prohibiting the use of excessive force by a local law enforcement agency against any individual engaged in nonviolent civil rights demonstration within its jurisdiction; AND WHEREAS the City of has received an Idaho Community Development Block Grant and is required to comply with the Armstrong/Walker "excessive force" Amendment; AND WHEREAS the use of excessive force against demonstrators may cause the CITY to lose its grant or eligibility for future federal grants; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF ,IDAHO: SECTION 1. It is POLICY of the CITY that excessive force by local law enforcement agencies shall not be used against individuals engaged in lawful and nonviolent civil rights demonstrations within the City boundaries. SECTION 2. The City Council directs the Police Chief to implement this Resolution by .amending applicable police department procedures. PASSED BY THE CITY COUNCIL, CITY OF .IDAHO. SIGNED BY: TITLE: DATE: ATTEST: Page 97 ~ ~ ~• Date: To: tax No: From: Subject; 10624 W. Executive Dr. Boise, Idaho 83713 Tel. 208.322.7033 or 1.800.859.0321 Fax 208.322.3569 ~~~ h~~ FACSIMILE TRANSMITTAL SHEET yr • r r r v ~ V r uJJ f ~d ~~ `~- Page ~ of W 1 t.f, ~~~2.rG-- 8~~-~~p' ~C.1 ~. ~IMJBS MESSAGE: The information contained in this fax from Sage Community Resources, Including any attachments, may be privileged, confidential, or otherwise protected from disclosure. Persons who share such information with unauthorized individuals may face penalties under state and federal law. If you have received this fax in error, please notify sender. t00 'd 69S~zz~80zi ~'13~L S3SbflOS9~ 'WW00 305 8Z ~ tri (INdI 60 .OI- 'd3S v~ c.r~ ~:~va _ b75L,ccLe~ect OS:bt b0, 0Z d3S COMMUNITY DEYEL~ ~ 09:0101 IiDR RF•585 6-10-96 TrnE 1 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974• Pueuc uw a~aea l3R0 CONGRESS, S. 90Q6 AUGUST 2Z, 78Ta 42 U.S.C 5301 et seq. AN ACT To establish a ptt~gtam of community development block grants, to amend and extend laws relating to housing and urban development, and for other pur- . Pow it enacted by die Senate and House ojReDresenra- 'tives of t/re Unfired States of Arnerfcaa in Congress cusenrble~ That this Act tray be cited as the "Housing and ~ Community Development Act of 1970". 7'1TLE I - COMMUNITY DEVELOPMEM' IFioditsgs sad Purpose Sec. 101. (a) The Congress finds a»d declatss that the Nation's cities, towns, and smaller urban communities face critid social, economic, and environmental prob- lems arising in significant measure from- (1) the growth of population in metropolitan and other urban arcs. sod the .COnexntration of persons of lower income in central Cities; (2) inadequate public and private investment and rciavestment in housing and other physical facilities, cad related public cad social services, rt:sulting in the growth and persistence of urban slums and blight and marked deterioration of the quality of We urban envi- ronment; and f 3) increasing energy costs which have seriously undermined the quality and overall eQectiveness of local community and housing development activities. (b) The Congress further finds cad declares that the future welfare of the Nation and the well-being of its citizens depend on the establishmem and maintenance of viable urban communities as social, eeonornic, and political entities, and regture-- ,(1)systematic and sustained action by Federal, State, and local governmems to e:~iminate blight, to oonservc and rtLnew older urban areas, to improve the living envit+ortmcnt of law=ead~~ ~ fattiilies, and. to develop new centers ~ of population growth and economic activity; (Z) substantial expansion of cad greater continuity in the scgpe sod level of Federal assistance, together with increased private snvestment itt lupport of Contmuaity development activities, . (3.) continuing effort at all levels ofgovernment to strearnlinc programs and isttprove the 'functioning of agencies, raponsible for planning, implemtoting. and evaluating oommuniry development efforts; and (4) cotuxrted action by Federal, State, and local governments to address the eoosomic and social hard- ships borne by communities as a coasequeaoe of scarce fuel suppGet. (c) The primary objective of this title cad of the community developmtnt program of each granter tinder this title is the development of viable ttrbaa otnttmuni• ties, by providing detect housing and suitable living eaviroameat and expanding economic opportunities. principally for persons of low and moderate income. Consistent with this primary objective, not lees iban 70 pcmeat of the aggregate of the federal assistance provid- ed tinder section 106 sad, if applicable. the fends received as a result of a guarantee or a grant under section 108, shall be its..-d for ttte strppott of activities that benefit persons by low and moderate iaoome, cad the Federal assistance provided to States and units of general local government in this tick is for the support of wmmuniry development activities which arc direct- ed toward the following specific objeRives- (1) the elimination of slums sad blight cad the pnwention of blighting iafiaences and the deterioration of property cad neighborhood and oemmunity facilities of importance to the welfare of the community, princi- pally persons of low and moderate income; (2) the elimination of oaaditivas which are detrimen- tal to health, sakty, and pablic welfare, through code enfor+cement, demolition, interim r~ebabilitatioa assis- aaoe, and related activities; (3) the Conservation and expansion of the Nation's housing stock in order to provide a decent home cad a suitable living tnviroament for aq persons, but princi- pally those of low cad moderau income; (4) the expansion and iicprovement of the quantity and quality.. of community services; principally for persons of ]ow cad moderate iarome, which are essen- tial for sound community development and for We devdopmeat of viable urban oommuaities; (3) a more rational utilization of land and other natural resources and the better arraageoo-eac of residea- tiai, ao~matnal. iadttsari:l, rerts~attal, and other ntc+ded.activiry centers; (6) t[~e reduction of the isolation of income groups riWin communities and geographical areas cad the promotion of an increase in the diversity and vitality of neighborhoods throu~ the spatial deconceattxtioa of housing opportunities for pei5ons of lower income and •As an+caaoa l6~ die sat.nixa aud/C r]iorev~r~*~ Ace it. luetie la• tow3~. Av~+~ ~: ~~. putfnw w.w.~+n oQn.n union Z00 'd 69S~Zi~80Zi ~'13~ S3S~f10S9~ 'WW00 90dS 8Z ~ tii I l~dl b0 i z~ ~~va b7`~-~CG~tiI~C L 0S : bti b0 ~ 0Z d3S 09:oI10 HOUSING AND DEVELOPMENT REPORTER the following elements, or such other criteria as deter- mined by the Sccrctary- (A) leverage of community development block grant funds to that participating financial institutions commit privatafuads for loans in the rehabilitation program in amounts substantially in excess of deposit of communi- ty development funds; (B) commitment of private funds for rehabilitation loans at below market interest rates or with repayment periods lengthened or a higher risk that would normally be taken; (C) provision of administrative services in suppon of the rehabilitation program by the participating lending institutions; and (D) interest earned on such cash deposits shall be used in a manner which supports the community rehabilita- tion program. (i) la any cast in which a metropolitan city is located, in whole or in part, within an urban county, the Secretary may, upon the joint request of such city and county, approve the inclusion of the metropolitan city as part of the urban county for purposes of submitting a statement under section 104(a) and carrying out activi- ties under this title. (j) Notwithstanding any other provision of law, any unit of grneral local government may retain any pro- gram income that is realized from any grant made by the Secretary, or any amount distributed by a State, under section 106 if (1) such income was realized after the initial disbursement of the funds received by such unit of general local government under such section; and (2) such unit of general local government has agreed that it will utilize the program income for eligible community development program under this title it will utilize the program income for eligible community development activities in accordance with the provisions of this titlc_ A state may require as a condition of any amount distributed. by such State under section 106(d) that a unit of general local government shall pay to such state any such income to be used by such State to fund additional eligible community development activities, except that such State shall waive such condition to the extent such income is applied to continue the activity frrom which such income was derived, except that the Secretary may, by regulation, exclude from consider- ation as program income nay amounts determined to be so small that compliance with this subsection creates an unreasonable administrative burden on the unit of general local government. (k) Each grantee shall provide for reasonable benefits to any person involuntarily and petmanrntly displaced as a result of the use of assistance received under this title to acquire or substantially rehabilitate property. (1) PROTECTION OF INDIVIDUALS ENGAGING IN NON-VIOLENT CIVIL RIGHTS DEMONSTRA- T10NS ---No funds authorized to be appropriated un- der section 103 of this Act may be obligated or expended to any unit of general local government ~h~a-- (1)fails to adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; or (2) faits to adopt and enforce a polity of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction. (m) COMMUNITY DEVELOPMENT PLANS.- (1) IN GENERAL.--Prior to the receipt in any fiscal year of a grant from the Secretary under subsection (b), (d)(I ), or (dx2xB) of section 106, each recipient shall have prepared and submitted in accordance with this subsection and in such standardized form as the Secre- tary shall, by regulation, prescribe a description of its priority nonhousing community development needs eligible for assistance under this title. (2) LOCAL GOVERNMENTS.-In the case of a recipient that is a unit of general local governmont- (A)prior to the submission required by paragraph (1), the mipieat shall, to the extent practicable, notify adjacatt units of general local government and solicit the views of aiiuns on priority nonhousing community development needs; and (B) the description required under paragraph (I) shall be submitted to the Secretary, the State, and any other unit of general local government within which the recipient is located, in such standardized form as the Secretary shall, by regulation, prescribe. (3) STATES -1n the case of a mipient that is a State, the description required by paragraph (1}- (A) shall include only the needs within the State that affect more- than one unit of general local government and involve activities typically funded by sash States under this title; and (B) shall be submitted to the Secretary in such standard form as the Secretary, by regulation. shall prescribe. (4) rFFECT OF SUBMISSION.~- submission ua• der this subsection shall not be binding with respect to the use or distribution of amounu received under section 106. Eligible Activities 5ec.105.(a) Activities assisted under this title may include only- (1) the acquisition of real property (including air rights, water rights, and other interests therein) which is auor~nso Dy w.~w~ o~ tamon~ ~ j F00 'd 69S£zZ~80zi ~~3~L S3S~flOS3~ 'WW00 305 6Z ~bi I IN,~II bra ,nr- ~aas September 10, 2004 MERIDIAN CITY COUNCIL MEETING _ September 14, 2004 APPLICANT ITEM NO. S-H REQUEST Resolution -Amendment to Sections 1.2 and 8.2.1 of the Standard Operating Policy and Procedure Manual Pertaining to At-Will Employment, and Adverse Employment Action Appeals. and Adding New Policy 6.14 Pertaining to Clothing for the City of Meridian 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 Se• afFached Resolution r~~ /uf°~gAv ~ oa~ ~~ MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials preaeMsd at public meetinya stwll become property of the City of Meddfan. RESOLUTION N0.04- ¢~Z BY• /\~/Z fit- /~'/r'Gt~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR AMENDMENTS TO SECTIONS 1.2 AND 8.2.1 OF THE STANDARD OPERATING POLICY AND PROCEDURE MANUAL PERTAINING TO AT- WILL EMPLOYMENT, AND ADVERSE EMPLOYMENT ACTION APPEALS, AND ADDING NEW POLICY 6.14 PERTAINING TO CLOTHING, FOR THE CITY OF MERIDIAN. WHEREAS, the Mayor and Council have the authority [pursuant to I.C. § 50- 302] to establish resolutions not inconsistent with the laws of the state of Idaho as maybe 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 Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to amend the at will employment policy at 1.2, and adverse employment action appeals at 8.2.1 of the Standard Operating Policy and Procedure manual, and to adopt a new policy regarding clothing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The at will employment Policy and Procedure manual at numl procedure at 8.2.1, shall be amended consisting of three (3) pages. policy provided within the Standard Operating er 1.2, the adverse employment action appeal as provided for in the attached Exhibit "A" 2. The clothing policy for the City of Meridian shall be as provided in new section 6.14 in attached Exhibit "B" consisting of two (2) pages. 2. EFFECTIVE DATE: This Resolution shall be in full force and effect immediately upon passage. ~ASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~,p~G,,.~v , 2004. ayor T y e Weerd rr,,,, ATTEST: ```\~,~~~~ ~ ;~;; ~;...`'~~;. .~ ~ OF ;. ~,, '.:; .~ -_a ~ TF. ~ O ~-~=- = SEAL William G. Berg, Jr., City erk ~ oM - ~ '~ O ., q ~Q~ ,~ .~ ~~~ Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hall\2004\At wil}~~a~verse employment action appeal and clothing Policy Res 09 2004.doc CITY OF STANDARD OPERATING POLICY AND PROCEDURE NUMBER 1.2 SUBJECT: AT-WILL EMPLOYMENT STATUS PURPOSE: To identify the City's at-will employment policy applicable to all non- represented employees. POLICY: All non-represented City employees shall be considered at-will employees. Employment maybe terminated at any time and for any or no reason. Nothing in this nor any other policy, memo, verbal agreement, etc. shall create a promise, guarantee or contract of continued employment. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be responsible for interpreting this policy. PROCEDURES AND RELATED INFORMATION All City employees are considered at-will employees unless otherwise stated in the current labor agreement for represented Fire employees. II. Nothing in this policy manual alters the employment at-will philosophy, which means the employee may voluntarily terminate employment with the City for any reason at anytime. III. Similarly, the City may terminate the employee's employment anytime for any or no reason. An employee can be terminated even if there has not been any warning or communication regarding inadequate performance or failure to meet any expectations of the department. Nothing in this manual guarantees employment for a specific period of time nor does it apply to appointed positions under Idaho Code section 50-204 to 50-206. IV. Any employee who is subject to this at-will employment policy and who is terminated may appeal the termination using the procedures set forth in HR SOP 8.2.1. i • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 8.2.1 SUBJECT: ADVERSE EMPLOYMENT ACTION APPEAL PURPOSE: To identify the City's process for employees to appeal decisions that involve adverse employment action (up to and including termination). POLICY: Employees who become subject to adverse employment action that includes suspension, demotion, disciplinary probation or termination are eligible to appeal such decisions as outlined within the following procedures. With respect to appeals, decisions made by the Mayor shall be final. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be responsible for interpreting this policy and for initial investigations that may take place as a result of the appeals process. The Mayor shall be responsible for final decisions regarding any appeals process. PROCEDURES AND RELATED INFORMATION I. All adverse employment action up to and including termination of employment shall be taken in accordance with City policy as outlined in SOP 8.2. The supervisor shall document all relevant facts and determine appropriate adverse employment action in consideration of the severity of the offense or performance problem, previous performance issues of a similar nature and the period of time between occurrences, overall work record, treatment of other employees under similar circumstances, and related considerations. II. For those cases where employees feel that adverse employment action taken was improper or not commensurate with the circumstances, a grievance procedure has been established to hear and consider the employee's concerns. All City regular full-time or part-time employees, excluding appointed officials and introductory employees, who have been demoted, suspended, placed on disciplinary probation, or terminated shall have the right to appeal certain adverse employment actions as outlined herein. III. Grievances for bargaining unit employees shall be governed by the provisions of the union agreement. Refer to the union contract for the process and appeals procedure. IV. GRIEVANCE PROCEDURES The following procedures shall apply for adverse employment action appeals. It is recommended for all stages of the appeals process that the supervisor involved utilize Human Resources for direction and guidance. a. When an employee disagrees with adverse employment action that includes demotion, suspension, disciplinary probation, or termination, he/she will have three (3) working days from the date of the occurrence to make an appeal to his/her immediate supervisor. The employee should first attempt to informally resolve the issue with his/her immediate supervisor. When normal communications between an employee i ~ and the supervisor are not possible or successful, the employee may proceed to the next step in the process. a. The employee must submit his/her written appeal to the department director within ten (10) working days of the event leading to the appeal. The aggrieved employee shall meet with the department director within three (3) working days of receipt of the written appeal to discuss the adverse employment action. The department director shall issue a decision to the employee within five (5) working days following the meeting. Every effort shall be made by the employee and the department director to resolve the grievance at this level. If resolution is reached at this step, the grievance is considered complete and documentation of the resolved grievance will be filed with the Human Resources Director. If the grievance is unresolved, the employee may proceed to the next step in the process. b. After receiving the department director's decision, the employee shall present his/her appeal in writing within five (5) working days to the Human Resources Director, who shall make careful inquiry into the facts and circumstances of the complaint, or who may request an investigation or intervention by an outside (non-City employee) third party. The Human Resources Director, department director and the employee will meet within five (5) working days to attempt to resolve the problem promptly and fairly. Once the investigation is complete, a written response will be issued to the department director and employee within five (5) working days, and kept on file by the Human Resources Director. A recommendation by the Human Resources Director shall be given to the Mayor. If the grievance is unresolved, the employee may proceed to the final step in the process. c. If the grievance is unresolved the employee shall send a written appeal letter to the Mayor within ten (10) working days requesting a meeting. The appeal must specify the reasons why the employee disagrees with the decision. The Mayor will then schedule a meeting with the employee to hear the appeal. A decision by the Mayor will be issued in writing to the employee within ten (10) working days and forwarded to the Human Resources Director. The decision by the Mayor shall be final. d. Time frames set forth in this policy may be extended upon mutual consent of the parties. V. CONFIDENTIALITY Any employee who uses the appeal process will be expected to keep all matters private and confidential. City representatives will keep information concerning the issues as confidential as possible, consistent with objective investigations and fair resolution of the grievance. VI. NON-RETALIATION Retaliation against an employee for using this appeal process or anyone cooperating in the appeal process is prohibited. The above procedures are not a promise or contract, expressed or implied, that will be followed in every instance. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City I am the c todian of its records and minutes and do hereby certify that on the ~ day of h-~~L- , 2004, the following action has been taken and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR AMENDMENTS TO SECTIONS 1.2 AND 8.2.1 OF THE STANDARD OPERATING POLICY AND PROCEDURE MANUAL PERTAINING TO AT-WILL EMPLOYMENT, AND ADVERSE EMPLOYMENT ACTION APPEALS, AND ADDING NEW POLICY 6.14 PERTAINING TO CLOTHING, FOR THE CITY OF MERIDIAN. WHEREAS, the Mayor and Council have the authority [pursuant to I.C. § 50-302] to establish resolutions not inconsistent with the laws of the state of Idaho as maybe 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 Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to amend the at will employment policy at 1.2, and adverse employment action appeals at 8.2.1 of the Standard Operating Policy and Procedure manual, and to adopt a new policy 6.14 regarding clothing NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The at will employment policy provided within the Standard Operating Policy and Procedure manual at number 1.2, the adverse employment action appeal procedure at 8.2.1, shall be amended as provided for in the attached Exhibit "A" consisting of three (3) pages. 2. The clothing policy for the City of Meridian shall be as provided in new section 6.14 in attached Exhibit "B" consisting of two (2) pages. 2. EFFECTIVE DATE: This Resolution shall be in full force and effect ~~,,,, ~: ~ ~ ~,,,,, immediately upon passage. `\~,.~~ pf= r'~i;:'• _ ;,. '~~,; , .~" _ ~~ r William G. Berg, Jr., ty erk= ~ o~' ~, ,~~ STATE OF IDAHO, ) %~~~~ ~t tS'~ . ~•~~ ~~:` ss: ~ .`'~ County of Ada, ) - ~ ~ TY ' ~~~~ ~';~\ On this /y~`' day of ` ~F.v+~~. ~ ems- , in the year 2004, before me a Notary Public, appeared WII.,LIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ••.~' 1CB L. S,~''•,• .• 1 •. ~- •. ,y~,~ (SEAL) :~ ~aTAR j ~t ~: N Pub c for Idaho * ~•~ ~ ~ : mmiss' n Expires: Cy rt0~l? 7 i pU$L1G Z:\Work\M\Meridianc~~l ns City Ha1A2004\Cert Clk At will adverse action appeals and clothing 09 2004.doc .,~~~~r O p`„~~~~•~ ~ ~ CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6,14 SUBJECT: CLOTHING ALLOWANCE PURPOSE: To provide guidelines to employees regarding the use of City funds for the procurement of work clothing and uniforms. POLICY: City employees may be allotted a clothing or uniform allowance for the purchase of work clothing or uniforms. This allowance may be used to purchase shirts, pants, work boots, and other exterior clothing for the sole purpose of performing their duties comfortably while maintaining a neat and clean appearance. This allowance does not apply to the clothing supplied to employees based upon contractual or operational requirements. These are delineated later in this policy. AUTHORITY ~ RESPONSIBILITY: The Director or Department Head will approve all purchases of work clothing or uniforms either by an established policy and procedure or by individual approval of purchase order. Purchased clothing must remain appropriate and practical for the job being performed. PROCEDURE$ AND RELATEp INFORMATION: 1. All clothing purchased must be practical and appropriate for the job being performed. Clothing should be inscribed to indicate the employee is an employee of the City of Meridian. Il. Employees are to take reasonable caution in the cleaning and maintenance of all supplied clothing. 111. ff clothing or uniforms are supplied, the employee is required to wear the provided clothing or uniform in accordanoa with departmental policy ~ as set by the department director. ff clothing is wom or destroyed sooner than normal the employee will be responsible for replacement. Exceptions must be approved by Department Directors. DEPARTMENT DOLLAR ALLOWANCES I. Office and Managerial Staff for all Departments Office and managerial staff will be given latitude to purchase City of Meridian logo clothing up to the dollar amount approved in the City bud~t per employee per year. The employee has the option to apply this designated amount to a larger purchase, with the difference being paid by the employee or through the incentive program. II. Public Works Field Inspection Personnel Field Inspectors are allocated a clothing allowance to purchase City of Meridian logo tee-shirts for summer use and long sleeve shirts for winter use. A winter jacket or coveralls may be purchased. III. Police Department Uniform and dress requirements for all Police Department personnel are detailed in Meridian Police Department Policy and Procedure Chapter II Section 3 Uniform and Equipment. All swom officers receive a clothing allowance per year and are allocated additional chits for dry cleaning; initial uniforms and equipment are purchased and supplied by the department on hire. Non- swom personnel are governed by the section on office and managerial staff. All clothing alkrniance is paid directly to the employee and is taxed. IV. Fire Department Uniform and dress requirements for all swom Fire Department personnel are detailed in Meridian Fire Department Rules and Regulations Article 3- Appearance and Uniforms. All firefighters including the Chief and Deputy Chiefs receive a clothing allowance per the current union contract. V. Waste Water Treatment Plant and Water Department With the exception of office and managerial staff, employees receive a clothing allowance to purchase shirts, sweat shirts, and other outer wear such as coats and overalls. Employees are provided with City logo hats VI. Parks With the exception of office and managerial staff, employees receive a clothing allowance to purchase shirts, sweat shirts, and other outer wear such as coats and overalls. Employees are provided with City logo hats. September i 0, 2004 MERIDIAN CITY COUNCIL MEETING September 14, 2004 APPLICANT ITEM NO. S-~ REQUEST Approve Contract for Stenographic Services - MD Willis, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANN}NG 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: See aMached ~'I', ~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meeMrros shall become properly of fhe CNy of Meridian. • • September 1 Q, 2004 MERIDIAN CITY COUNCIL MEETING September 14, 2004 APPLICANT ITEM NO. S-.I REQUEST Resolution -Increase in rates and Set Solid Waste Collection Rates within the City of Meridian 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 tRR1GATiON: IDAMO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See affached ~s o~ , ~~~ aa3 ~,"~- a OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. • • CITY OF MERIDIAN RESOLUTION NO. ~~ ~ ¢¢3 BY: ~~i/~i ~//~'6L A RESOLUTION TO PROVIDE FOR THE INCREASE IN RATES AND SET SOLID WASTE COLLECTION RATES WITHIN THE CITY OF MERIDIAN. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CI'T'Y OF MERIDIAN, IDAHO: The fees to be charged for solid waste collection are listed below and shall be as follows: ~#lS e4. Residential $ 10.15 Toter Carts $ 2.55 Habitual Late Can Fee $ 5.00 ~omme~cial,~a„ ~s~, 1/w.k . ,.1'~k ... ~/v~, k 1 - 3 cans $15.98 $31.96 $ 47,94 4 - 6 cans $31.96 $63.93 $ 95.89 7 - 9 cans $39.54 $79.08 $118.62 C'o~}~~,rciat Co nta~in~xs: ,,,,,, 1/wk 2/wk ,~3/wk 4hvk 5~1~ , 6/w~_ 1 '/a yd $ 58.30 $ 83.14 $107.54 $144.26 $180.90 $217.55 3 yd $ 61.11 $ 98.97 $136.90 $180.36 $237.10 $287.22 4 yd $ 73.31 $119.79 $166.22 $224.90 $283.53 $342.20 6 yd $ 95.33 $154.02 $212.64 $283.53 $354.45 $425.34 8 yd $113.17 $176.10 $234.74 $303.62 $377.02 $447.14 Coo n~mer~ial CR m~a ora: 2 yd $ 27.65 3 yd $ 36.75 4 yd $ 45.89 5 yd $ 55.00 6 yd $ 63.69 8 yd $ 86.06 T~~},~g~ry Con~ng4~ ervice: Delivery $ 18.00 Daily Rental $ 0.67 Mornhly Rental $ 18.00 Resolution Fee Increase For Solid Waste Collection Page 1 of 3 • Dump Ferm /Temp cunt (3 yd) $ 19.87 Extra Dump 6 yd $ 30.91 Extra Dump 8 yd $ 39.74 ~VliseeUaneoks ervices: Refrigerator Pickup $ 34.76 Overflow Cleanup $ 11.20 for S minutes ~~.Qfl' S+e~vices: $101.00 /Haul + Disposal + Franchise Fees (Weekdays) $152.00 /Haul + Disposal + Franchise Fees (Weekends) Extra Services $ 84.46 per hour • $1.13 per miinzte thereafter Rod C~ntaainer Rental: 20 yd $ 2.40 per day $ 68.71 per month 30 yd $ 3.00 per day $ 83.99 per month 40 yd $ 3.27 per day $ 95.98 per month ~pdfiU .(Current): Demo Compact ~~ um~ Dung 20 yd $ 53.00 $11b.60 $ 84.80 30 yd $ 79.50 $174.90 $127.20 40 yd $106.00 $233.20 $169.60 Wood $ 1.33 per yd Noncompacted /Loose $ 2.65 per yd Demolition $ 5.83 per yd Compacted $ 4.24 per yd Tires $ 1.59 each Refrigeration Units $24.91 each wood $ 26.50 $ 39.75 $ 53.00 To encourage participation in the commercial cardboard recycling program the reduction in the commercial cardboard collections rates is proposed. Service is provided once per week, on Tuesday. Multiple collection days wa71 be added in the future as the need arises. First Container $ 38.00 per month Second Container $ 30.00 per month Resolution Fee Increase For Solid Waste Collection Page 2 of 3 • The effective date for these solid waste collection rates shall be October i, 2004. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, THIS l~ ~~ DAY OF e~~~-^~ ~~ , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, THIS l7 'DAY OF ~~,{~-~.--h-~ , 2004. ATTEST: ~,`*~~~}~C'~ T .~'1~ ,',,. ~R~ Fo EAL ~_ City Clerk ~ o~ ~~ z:tw~v~~nv~e,;a~,15360M1$amtary svcsaba~CR~e~ti~'\an bed lal-oa.ao~ c~~~,~ Resolution Fee Increase For Solid Waste Collection Page 3 of 3 MEM'ORAND;UM , TO: , • I~Aayor Tarnmy de Weerd , . ~ City Of I41eri~a.i~ . City Council Members: • ' - . City Clerk Of~ieG Mr. Bill •Nary, President ' Mr. Keith Bird ~ • - ~, ~ Mr. Charlie Rountree • Mr. Shaun. Wardle •. '~ FROM: Steve Sedlacek, Business Manager, Sanitary Services,~lnc. Bill Gregory; Operations Manager, Sanitary Services, Inc.. • ~ DATE:• September 3, 2004 SU6JECT: Annual CPI Rate Adjustment for Solid Waste Collection Services ; This memorandum presents the solid waste collection rate adjustment based upon the ,~- Consumer Price:-Index (CPI).in accordance~with Section 2~1 of our contract with the City .. ' of Meridian. This rate adjustment coincides with the beginning of the next. fiscal year, ~7ctober 1, 2004.:. ' ~ .Adjustment Methodology Our contract . 'requires ..that our costs be . adjusted annually' based upon the', net - .percentage of'•change in the Consumer'Price Index for the Pacific Northwest." (The CPI is no longer .published for the Pacific Northwest so we: have used the CPI fof• the ; Western Region of-the United States.) Further, we reduce the calculated change in the ~ . .CPI by ,ten percent to account for aspects of the. CPl that do riot apply to our business. ' " " ~ Attached to this memorandum is the CPI printout from. the .U.S. "B'ureau of. Labor.' Statistics. The CPI for July, one year ago was 188.4 and this year it is 192.9. The net .• percentage change between .the tw-o values is 2:4%. Then, .reducing this number by 10 ,percent yields a CPI, adjustment •of 2.16% that is applied to our costs. . .' ~ Another' requirement of our contrac# is that we exclude 'the landfill portion of our-,fees . ' • from the adjustment. We have c6mpleted calculations of what percentage of total costs . . ~ _~.; are disposal and have escalated.the remainder by our allowable adjustment. ~ • . ~ , . ~~ . P.O. Box 626, Meridian, ID'83680 Phone 2081888-3998 Fax 2081888-5052 - 1~~ Primed on Recycled Paper , - - ~ • • . • ~ Results of Rate Change . ' ' . The: current and proposed rates are. presented in tabular form in an attachment to .this -~ _ • memorandum. The residential rate will increase by $0.10 per month for unlimited weekly - service with curbside recycling.. • . - .. ~ The •' • percentage of change by various categpries, of rates is shown ,in Table 1.~ The • percentages vary with•the different types. of systems that we operate: because~.each. has. • ~ ; a different percentage that is disposal, ~ ~ - ~ ~ . ' ' - ti • ~ Percentage of Rate Change by. System • • Residential rates . , ~ '1.0°~ Cor~nme.rcial can rates ' - • . • 1.8% - 1.9% - • Commercial container rates... ' . - ~ 1.75°~ Commercial com actor rates 1.-25% -1..43% ~~ . Tem .ors container rates ~ ~ _ 1..7~°~ - 1.93% - Miscellaneous services ~ - - ~ .1:36% - RoNoff Services ~ - - 1.51 % ~ - , • ~ Amore detailed ~analysis,is~available to the Mayor,' Council or City'staff. upon request. if• •~ - .:.further .information is necessary we would, appreciate treating the .information as - ' ~."business confidenfial.p ~ . • . • ,F~tir~,~ U.S. Department ~• , of Labor ~, Bureau of Labor :.. ,•~' '",~•' Statistics Bureau of tabor Statistics Data WWW.~~S.[JOV J Search ~ A-Z Index BLS Home ~ Programs & Surveys i Get Detailed Statistics + Glossary ~ What's New ~ Find It! 1Cn DOL Cheng® Output From= 1994 ~ To: 2004 Options: ^ include graphs II~EWt More Formatting Options ~' Data extracted an: August 27r 2004 (1:09:46 PM) Consumer Price Index -All Urban Consumers sQri®s Id: CUUR0900SAO,CUUS0900SA0 Not Seasonally Adjusted Area: West urban Stem: All items Base Period : 19$2-84=100 Year ]an Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Hp 1994 148.1 148.3 149.0 148.9 148.8 148.9 149.5 I50.1 150.6 151.0 151,1 151.2 149.b 14: 1995 152.0 15x.4 152.$ 153.2 153.5 153.6 153.5 153.7 154.1 154.6 154.4 154.3 153.5 15: 1996 155.3 155.8 156.4 157.1 157.6 157.5 157.9 158.0 158.6 154.1 159.2 158.7 2.57.6 15• 19 9 7 15 9.6 160.1 160.8 161.1 161.1 161.0 161.1 161.5 162.1 152.8 152.8 162 151.4 16f 1998 163.0 163.2 163.3 163.6 ib43 164.2 164.3 164 165.1 165.5 165.8 163. 164.4 16: 1999 166.4 166.9 167.3 169.0 168.7 168.3 X68.9 169.5 I70.p 170.4 170.4 170.5 168.9 i6- ao00 171.0 172.0 173.5 173.7 174.0 174.3 275.2 I75. 176.6 177.2 177.2 177.1 174.8 17: 2001 178.3 179.3 180.1 180,4 181.3 182.0 182.0 181_ 182.5 182.5 182.3 181. 181.2 18r 2002 182.4 183.2 184.0 185_1 184.8 184.5 184.7 185.7 185_8 185.8 185_ 184.7 18• 2003 186.6 188.1 189.3 188.8 188.5 188.1 188.4 189.2 189.6 189.4 198.5 188. 188.6 i8: aoo4 189.4 190.8 192.2 192.3 193.4 193.3 192.9 i9 Froqu~ntly_Asked Questions ~ Freedom of;nfQrrrtation Aft ~ Customer Sarv_ey, Priv_a~& Security Statement ~ !,Inking to Oer.Site ~ Accessibility U.S. Bureau of Labor Statistics Phone: (202) 691-5200 Postal Square Building Fax-on-demand: (202) 691-6325 2 Massachusetts Ave., NE Data questions: blsdata staft~bls.aav Washington, DC 20212-0001 Technical (web) questions: webmaater~bis~ov Other comments: feedbatk~bls.QOY ,. ~„ . , n ._. .n----t_.n~-`- `--~-~---------~----~-- e~l+ririnnwn nv~sMi-n~ Proposed Rate Structure Changes Fiscal Year 2005 Solid Waste Collection Services San~ary Service Inc. Proposed Current Rabe Rate Structure Structure Residential $ 10.05 $ 10.15 Toter Carts $ 2.52 $ 2.55 Habitual Late can fee $ 5.00 $ 5.00. Commer~clai Cans (Current) 1Jwk 2/wk 3huk 1 - 3 cans $ 15.68 $ 31.36 $ 47.04 4 - 6 cans $ 31,36 $ 62.72 $ 94.08 7.9 cans $ 38.84 $ 77,67 $ 116.51 Commerclal Cans (Proposed) 1lwk 2/wk 3/wk 1 - 3 cans $ 15.98 $ 31.98 $ 47.94 4 - 6 cans $ 31.96 $ 63.93 $ 95.89 7.9 cans $ 39.54 $ 79.08 $ 118.62 Commercial Containers (Current) 1/wk 2MAt 3/wk 4xlwk 5/wk 6/wk 1 112 Yd $ 57.30 $ 81.71 $ 105.69 $ 141.78 $ 177.79 $ 213.81 3 Yd $ 60.06 $ 97.27 $ 134.55 $ 177.26 $ 233.02 $ 282.28 4 Yd $ 72.05 $ 117.73 $ 163.36 $ 221.03 $ 278.65 $ 336.32 B Yd $ 93.69 $ 151.37 $ 208.98 $ 278,65 $ 348.38 $ 418.03 8 Yd $ 111.22 $ 173.07 $ 230.70 $ 298.40 $ 370.54 $ 438.45 Commercial Containers (Proposed) 1/wk 21wk 3/wk 4xMrk 5lwk S/wk 1 112 Yd $ 58.30 $ 83.14 $ 107.54 $ 144.26 $ 180.90 $ 217.55 3 Yd $ 61.11 $ 98.97 $ 138.90 $ 180.38 $ 237.10 $ 287.22 4 Yd $ 73.31 $ 118.79 $ 166.22 $ 224.90 $ 283.53 $ 342.20 6 Yd $ 95.33 $ 154.02 $ 212.64 $ 283.53 $ 354.45 $ 425.34 8 Yd $ 113.17 $ 176.10 $ 234.74 $ 303.62 $ 377.02 $ 447.14 Commercial Compactors 2 yd 3 yd 4 yd 5 yd 6 yd 8 yd Temporary Container Senrics Delivery Daily Rental Monthly Rental Dump perm/temp coot {3 yd) Extra Dump 6 yd Extra dump 8 yd Current Pro Qoa®d $ 27.26 $ 27.65 $ 3fi.19 $ 36.75 $ 45.15 $ 45.89 $ 54.08 $ 55.00 $ 62.60 $ 63.69 $ 85.00 $ 86.06 _ Cunre~rt Pro posed $ 17.86 $ 18.00 $ 0.66 $ 0.67 $ 17.86 $ 18.00 $ 19.53 $ 19.87 $ 30.38 $ 30.91 $ 39.06 $ 39.74 Mlscellaneouaa Services Refrigerator pickup (Current} Refrigerator pickup (Proposed) Overflow Cleanup (Current) Overflow Cleanup (Proposed} Ralf Off Services {Current] $ 33.10 $ 34.76 $11.05 for 5 min, $1.11/min thereafter $i 1.20 for 5 min, $1.13/min thereafter • $99.50/haul + disposal + franchise {~ (Weekdays) $149.50/haul + disposal + franchise flees {Weekends) F_xtra services $ 82.67 per hour Roll Off Services (Proposed) $101.OOlFraul + disposal + franchise fee (Weekdays) $152.OO/haul + disposal + franchise fees (Weekends} . Extra services $ 84.46 per hour Roll Off Container Rental Current 6 Yd 8 Yd 10 Yd 20 Yd 30 Yd 40 Yd Roll Off ContainRent P ed ti Yd 8 Yd 10 Yd 20 Yd 30 Yd 40 Yd Landfill Rates (Current) $ 1.35 per day $ 40.50 per month $ 1.75 per day $ 52.50 per month $ 1.95 per day $ 58.50 per month $ 2.35 per day $ 67.26 per month $ 2.94 Per ~Y $ 82.21 per month $ 3.20 per day $ 93.95 per month $ 1.38 per day $ 41.37 per month $ 1.79 per day $ 53.63 per month $ 1.98 per day $ 58.76 per month $ 2.40 per day $ 68.71 per month $ 3.00 per day $ 83.99 per month $ 3.27 per day $ 95.98 per month Demo Compact Wood Siz® SW Dum~ Dum Durn p Waste 6 Yd $ ..- 15.90 `_ $ 34.98 _ ~ $ 7.98 8 Yd $ 21.20 $ 46.84 $ 10.64 10 Yd $ 26.50 $ 58.30 $ 13.30 20 Yd $ 53.00 $ 116.60 $ 84.80 $ 28.50 30 Yd $ 79.50 $ 174.90 $ 127.20 $ 39.75 40 Yd $ 106.00 $ 233.20 $ 189.60 $ 53.00 Wood $ 1.33 per yd Ploneampactedlloose $ 2.85 per yd Demolition $ 5,83 per yd Compacted $ 4.24 per yd Trres $ 1.58 each Refrigeration Unite $ 24,91 each Voluntary Commercial Cardboard Collection To encourage participation in the commeroial cardboard recycling program, we are proposing no increase in the commercial cardboard collection rates. Current Proposed First Container $ 38.00 per mprrth $ 38,00 per month Second Container $ 30.00 per morrth $ 30.00 per month i • BEFORE THE MERIDIAN CITY COUNCIL C/C September 14, 2004 IN THE MATTER OF THE APPLICATION OF ROBNETT CONSTRUCTION FOR APPROVAL OF 6 COMMERCIAL BUILDING LOTS AND 1 COMMON LOT ON 2.82 ACRES IN A C-G ZONE LOCATES EAST OF NORTH MERIDIAN ROAD AND SOUTH OF EAST FAIRVIEW AVENUE IN A PORTION OF THE NW I/ OF THE NE 1/ T.3N., R.lE., SECTION 7 CASE NO. FP-04-056 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on September 14, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Senior Engineering Technician for the Public Works Department, dated: Hearing Date: September 14, 2004, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING INITIAL POINT SUBDIVISION LOCATED IN A PORTION OF THE NW '/ OF THE NE '/ OF T.3N., R.1 E., SECTION 7, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, SHEET 1 OF 2, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR INITIAL POINT SUBDIVISION/ (FP-04-056) Page 1 of 3 • s BAILEY ENGINEERING, INC., ROBNETT CONSTRUCTION", Developer, is Conditionally Approved subject to those conditions of Staffcomments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Senior Engineering Technician for the Public Works Department, dated: Hearing Date: September 14, 2004, listing 16 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 5 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the additional comment from Staff, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR INITIAL POIlVT SUBDIVISION/ (FP-04-056) Page 2 of 3 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 maybe 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. By action of the City Council at its regular meeting held on the I~+L. day of ~~CfYllo~er , 2004. By: ```~~,,~,~~n~+u~~,,~~Tatnm e W rd \~~.~`,~y ~ M~~yor, of Meridian Attest: ~~` ~ `~ATF 9y ~~.'~ ,GGL._ /~ - SEAL = _/ 'yam 9~~T ,~ ~ ``= William G. Berg, Jr., Ci C erk = ~' Copy served upon Applicant, the Planrifng~~~S~'ng~~p~~'artment, Public Works Department, and City Attorney. `'~f~~,,, ;;;et~<<''~ BY~~_ll~~ ~JLI~ Dated:_ P ~ - LO - ~- City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR INITIAL POINT SUBDIVISION/ (FP-04-056) Page 3 of 3 i MAYOR Tamm de Weerd ~- ' ~ w ~ CTTY OF ~~~~ ._ CITY COUNCIL MEMBERS ~ ` --- Keith Bird ~rl ~l ~n .:.._~ William L.M. Nary v~ IDAHO Shaun Wardle Charles M. Rountree ~ ti CITY HALL (208) 888-4433 ~ Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 -Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 ~ FAX 466-4405 + nF.~lSU14Y. ~ ;-! SINCE ''! 1903 STAFF REPORT: City Council Date: September 14, 2004 To: Mayor, City Council and Planning & Zoning Commission From: Sonya Allen, Assistant City Planner~~ Bruce Freckleton, Senior Engineering Tech L~ Re: Initial Point Subdivision Request for Final Plat Approval of Six (6) Commercial Building Lots and One (1) Common Lot on 2.82 Acres in a C-G Zone for Initial Point Subdivision, by Robnett Construction (File No. FP-04-056) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SiJ1VlMARY & LOCATION The applicant, Robnett Construction, has requested final plat approval for 6 commercial building lots and 1 common lot on 2.82 acres for Initial Point Subdivision. The proposed subdivision is located approximately 300-feet south of E. Fairview Ave. (behind Ultra Touch Carwash & JJ Auto), midway between N. Meridian Road and N. Locust Grove Road, in the NE '/4of Section 7, T.3N., R.lE. The common lot within this subdivision will be used as an access road for the development. The pressurized irrigation system within this development will be owned and maintained by the Initial Point Subdivision Building Owners Association. The submitted final plat complies with the approved preliminary plat. Staff recommends approval of the final plat for Initial Point Subdivision with the comments and conditions stated in this report. Exhibit "A" • Mayor & City Council Hearing Date: September 14, 2004 Page 2 of 4 SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved Preliminary Plat (PP-04-012) for this subdivision. 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 3. Revise or add the following notes to the face of the plat: 11. The bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established normal groundwater elevation. 12. (Add a note to the plat per Preliminary Plat Finding #3, page 6 that states) Lot 1, Block 1 is subject to a 25-foot recorded perpetual access easement (Instrument No. 104086423) granted to the parcel west of Initial Point Subdivision. 13. Lot 1, Block 1 is subject to a 25-foot recorded, non-exclusive perpetual access easement (Instrument No. 104086424) granted to the parcel north of Initial Point Subdivision. 4. Revise the landscape plan dated 7/19/04, prepared by The Land Group as follows: a. Show all easements on the Landscape Plan and label accordingly. Trees may not be planted within sewer or water line easements. Relocate all trees within these easements. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, and road base adequate of supporting a fire truck shall be installed prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. Sanitary sewer service and municipal water to this development shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Applicant shall execute City of Meridian standard form of easements, for any mains that are required to provide service. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 8. The pressurized irrigation system within this development is to be owned and maintained by the Initial Point Subdivision Building Owners Association. The City of FP-04-056 Exhibit "A" Initial Point Sub FP.doc • Mayor & City Council Hearing Date: September 14, 2004 Page 3 of 4 Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 9. The 11-foot wide public utility, irrigation, and drainage easement shown on the face of the plat is incorrect; please revise to show the correct width. 10. Internal landscaping and parking are not approved at this time but will be reviewed at the time of Certificate of Zoning Compliance submittal. 11. Show perimeter landscape easements on the plat. 12. Remove the street name "N. Lakes Place" from the face of the plat unless it has been approved as either a public or private street. 13. Complete the Certificate of Owners and accompanying Acknowledgment. 14. Professional Land Surveyor stamp on the plat must be signed and dated. 15. Add recording information to the existing easements shown on the face of the plat. 16. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary plat or Development Agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non-domestic purposes such as landscape irrigation.) 3. Install 100-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. FP-04-056 Exhibit "A" Initial Point Sub FP.doc s • Mayor & City Council Hearing Date: September 14, 2004 Page 4 of 4 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approval. RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-04-056 Exhibit "A" Initial Point Sub FP.doc • R ` ~ CITY HAId. M.~YON .: +: {208) 888-4433 -- Fax 887-4813 Tammy de Weerd • (li '~ ~ '~ _ ~~ ~ ~ Pt-BIJC WORKS C[TY CC?lIvC1L M6MIiERS ~.~ ~ ~ ~~- 9UII,DIVG [)EPARTMEVT Keith Aird /'~~'~f /~~,r j f/~ ~ {208} 887-221 I -Fax 898-9551 / ~T i L William L.':ul. Nary V i (. , ,li t Il , t } Shaun Wardle LF:(ie1L DF:PARTh1F.N'C Charles M. Rountree •, (208) 466-9272 FA}C 4b6-d4(15 ~~ t i ,r, ~ e+~ ` .~. To: Mayor & City Council ~,.? From: Sonya Allen, Assistant City Planner Bruce Freckleton, Engineering Tech III'' Re: INITIAL POINT SUBDIVISION ~~ Request for Final PCat Approval of Six (6) Commercial Building Lots and One (1) Cammon Lot on 2.82 Acres in a C-G Zone for Initial Point Subdivision, by Robnett Construction (f%ile No. I~Y-~4-OSb) Staff respectfully requests that the following item be added to our original staff report date stamped by the City Clerk on September 9, 2004: ~ Add a note to the plat or graphically depict the parking easement (Instrument No.: 104086424) for eleven parking stalls to be shared with the property to the north. P1.ANNIN(l AND ZONING llEPeV2TMENl' 660 C. WA'I'I;R"COt4'ER L.ANF:, STE. 202, Ml;RIDIAN. lUAl10 83642 (208} RR4-55_)3 "- Fax BRR~iRSd Exhibit "B" • s CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 14, 2004 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discuss Request from Ashford Greens to Address Maintenance Agreement of Drainage Ponds: Review again on September 28, 2004 Pre-Council *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda -September 14, 2004 Pege 1 of 1 All materials presented at pubUc meetings shall become property of the City of Meridian. Anyone desiring accommodation for disat~lities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at feast 48 hours prior to the public meeting. !. ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 14, 2004 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary ~. Charlie Rountree X Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: G~~ /2 3. Discuss Request from Ashford Greens to Address Maintenance Agreement of Drainage Ponds: /-C /i l w a~oi ~ ~• vy-- ~ lc..~4~ Z ~~ 2 ov ~- ~.~ -Co~c...G *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda -September 14, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring axommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~~: CITY OF r;;g, .i ~ 'i ~_~'l~l ~Y1G~I~Y1 ~ ~`~, IDAHO i ~/ :~ ~: >>ar„ SINCE 7903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road. 888-1234/fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401. E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten. Mile Road 888-21.91/fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/fax 884-1.159 e NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold aPre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 14, 2004 at 6:30 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Discuss Request from Ashford Greens to Address Maintenance Agreement of Drainage Ponds ~,,,,,,~~ The public is welcome to attend the meeting DATED this 10th of September, 2004. WILLIAM G. BERG, CI"I'Y HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 ```,~,~"~,~ t7 ER~~'9 ~~~~'~. ~,2• Fp - sE~L ~ER ~~~ p Q 0 \ 1~~~`; (208) 888-4433 crrv cLE~zK-Hnx 888-4218 Hu~lA~x afaolazcla-EAx 884-8723 Hlx~n~xcr ~ oTil,rrv ~n.l.lxc-E~x 887-4813 ~I,n~oa's oFFicE-Hnx 884-8119 • • Meridian Citv Pre-Council Meeting September 14, 2004 The Meridian City Pre-Council meeting was called to order at 6:30 P.M. on Tuesday, September 14, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Others Present: Bill Nichols, Brad Watson and Will Berg. Item 1. Roll-call Attendance: X Bill Nary X Keith Bird X Shaun Wardle X Charlie Rountree X Mayor Tammy de Weerd Item 2. Adoptiion of the Agenda: Bird: Mr. President. Nary: Mr. Bird. Bird: I move we adopt the agenda as published. Rountree: It's been moved and seconded to adopt the agenda as published. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Discuss Request from Ashford Greens to Address Maintenance Aareement of Drainage Ponds: Watson: Mr. President, Mayor and Council members I can to a certain degree. I'll give a brief background of a long, long situation, I guess. When Ashford Greens came in for preliminary plat approval I think it was 1996, maybe 1995. They had indicated on their application not real explicitly, but implicitly that there would be storm water drainage facilities on the golf course. That ended up getting approved through the courses of the six phases of Ashford Greens there have been six drainage swale/ponds built on the golf course property. The first three phases there was an easement recorded between the city and ACHD. I think the last three ponds there was an actual, not only an easement, but a three party agreement between the city, ACHD and the homeowner's association, I believe that somewhat spelled out maintenance responsibilities. The Highway District has responsibility for heavy maintenance, which really means that if they Meridian City Pre-Council Nf~eting • September 14, 2004 Page 2 of 8 are failing they will repair them. The light maintenance responsibilities which include mowing, spraying fertilizer that sort of thing is what is at question here. I was contacted the summer of '03 by several people from the homeowner's association wanting some resolution to this and as stated in the letter from the association that slipped between the cracks from (inaudible), they contacted me again this summer and I subsequently followed up with Mr. Nichols after some back and forth conversation, I think we came up with a recommendation and that recommendation and Mr. Nichols please feel free to jump in at any point on this, but I believe that recommendation was that the drainage facilities whether they are on the golf course or would have been in the lots would have been maintained by the homeowner's association. By putting them on the city property where the golf course is they, the developer, was able to construct or sell a handful more lots. I think that's where our recommendation lies. This has been quite a saga for the last eight years and there is a lot more details if you have any questions, but I guess I will leave it at that unless you have more. Nary: Council, any --? Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Brad, where are the three that sounds like that are in question? What are the locations? Watson: I am trying to remember the numbers at the fairways and it's been a while, so I can't remember precisely, maybe the people in the audience can more clearly identify those. Going in reverse order there is one in phase six, the last fairway before you get to the clubhouse; there is one right at the very beginning of that fairway over towards Black Cat Road; there is a rather large one just north of Tallamar when you are coming in off of Black Cat. There is another one in phase three right next to Black Cat you can see as you are driving north on Black Cat towards Midlake Drive; and then there is another one that's internal. I guess that would be the fourth or fifth fairway and there is one more that I am missing and I can't remember where it is. They are spread out. Nary: Council, shall we hear from the Board of the Ashford Green's Homeowner's Association? I assume some of these folks here are here for that purpose. Rountree: Sure. T. Brown: Do we have a specific time? Nary: No. Meridian City Pre-Council Meting • September 14, 2004 Page 3 of 8 T. Brown: Okay. I appreciate the opportunity to be here and to give you some of our insights into the issues that we have been trying to deal with. Nary: What's your name, just for the record? T. Brown: Timothy Brown with Ashford Green's Homeowner's Board. I am the president this year. We have been for the last year and one half has assumed ownership of the board from Brighton Corporation, the developer and doing various things to try and get on top of the issue relating to our subdivision and the interchange between us and the golf course. One of these has been the maintenance and upkeep of the seepage beds, which are located on the golf course and doing these as we have tried to review the easement agreements that have been filed and recorded we have noticed that there are some inconsistencies with who specifically maintains those to date and in good faith we have been doing that on the fairways to try and maintain for our homeowner's a nice looking subdivision, but we would still like to for the record get those resolved and have specifically stated who is to maintain and upkeep the seepage beds. Whether that is Ashford Greens Homeowner's Association Board, whether that is the golf course recreation party, but we would like to get that clarified. I put a packet together and I don't have all the information I wanted to have because we were brought onto the agenda quicker than I thought we would be, but I have attached three of the easement agreements, two of which specifically indicate it's the Ashford Greens Association and/or the Cherry Lane Recreation. I don't know what entity the trailing recreation represents, if that is the golf course or --? It is? Okay. But, that is one issue that we would like the city to review and make a decision on as to responsibilities for those upkeeps and then once that is made - if that does fall back to Cherry Lane - to the Ashford Greens Association we would continue to maintain and upkeep those. But, we would like to see if that's possible to share that or have the golf course participate in that in some shape or form. Our second comment relating to the upkeep of these is in part related to our second portion of our letter that we sent in, relating to this trespass ordinance. Currently, we have most of our subdivision which backs up onto the golf course. Many of the residents there, when the course is not in functioning hours will walk on the course and do kind of relaxing type of activities on or near the course and that is a concern of ours as an association that the trespass ordinance being public ground prohibit our use of that. But, also in relation to the seepage beds, we feel that we would need to make sure tha# we - if we are penned to maintain these that we are not in violation of the trespass ordinance should it be approved and go into effect and that the easements would constitute one of the agreements, which is an exception to the trespass ordinance. But, these are our basic concerns and in addition to some of the general maintenance of the course, which we feel is in some cases less than adequate. This year has seemed that the course has done better than average to maintain and upkeep the general irrigation and the weeding has seemed a little bit better this year. There are still areas that we have received numerous complaints in and I have provided some photos of some of the easements where golf cart access to Meridian City Pre-Council IVI'eeting September 14, 2004 Page 4 of 8 streets from the course pose a bit of a concern as far as visibility and as far as appearance, the weeds and the lack of any type of landscape pattern is a concern to our homeowners and to our board. I guess we would like to have the city verify and review the easement agreements for all six phases at Ashford Greens and make a finding on that in some shape or form to the effect of who is to maintain those seepage beds and upkeep those for the light maintenance portion. It's pretty specifically stated that ACRD will do the heavy upkeep on all beds, but we would like to have that from the city in writing as far as who is going to be taking care of that in the future. Secondly, we would also like to voice our opposition to the trespass ordinance as a community and as a subdivision on that course and also the issue related to the upkeep of the course, seepage beds on the course, should the trespass ordinance go into effect. I have a package here that I have put together indicating the locations of the seepage beds. 1 have also provided some photographs of a few of the golf cart accesses and their current condition as of yesterday verses an easement and an access to the course that we maintain. The subdivision is kept in a relatively high degree of maintenance. We do a lot of mowing and we do a lot of upkeep on the common areas of our subdivision and we would only expect that the golf course maintain similar standards to - Nary: If you want to give that to the Clerk he can make copies for us so we can get that later. Anything else? T. Brown: Those are the main issues that we wanted to present to you and hope that you would be able to expedite this for us and at least give us a course of direction. As I have said, we have done the maintenance to date on them and if that falls back in our lap again, we would just need to continue to do that, but we are hoping that the golf course would also be able to participate in that and in the event that we are responsible in the future that they are a willing participant with us in helping us get those things maintained at the peripheral areas of the course are kept up to standards that our homeowner's are maintaining their property. One last thing is there a way that we as an association can review the lease agreement between the city and the golf course? Nary: It's a public records it can come out (inaudible). There is a number of agreements, not just one, but you can come ask the city clerk tomorrow during normal business hours and file a request and they can get copies for you. T. Brown: Okay, that would be appreciated. In the future for contact and follow up on issues related to this who would best be named for that? Who would we contact for that? Nary: Follow up for what? T. Brown: Any of the information that we are looking to receive. Who would it be? Would it be given through another --? Meridian City Pre-Council ~ting September 14, 2004 Page 5 of 8 Nary: Probably through the Clerk's Office. T. Brown: Okay. Nary: Also, as the Clerk reminded me, some of the information on the golf course is also available on the website. So, you may be able to get a lot of the information you are seeking on the golf course from that without having to come down and ask for a record's request. You might just be able to get a lot of that from there and just print it off the website. T. Brown: Okay. Being a little naive in how your Council works, is there an anticipated date that you would have some conclusion on the easement agreements as far as responsibility? Nary: We are going to discuss that here in just a few seconds. Council, do you have any questions for Mr. Brown? Bird: I have none. Nary: Thank you very much. T. Brown: Thank you. Nary: Sir? Hiteman: May I make a few comments? Nary: Certainly. Hiteman: My name is Dennis Hiteman. I was the first chairman of the advisory group for James Place at Ashford Greens. I have done quite a bit of investigative work with another member of our James Place community and we were one of the first ones to find out about the plat map. We found out that there is three plat maps that represent James Place and none of those plat maps mention any maintenance of the drainage ponds. There is other ones and one that is involved with James Place is the one down along Black Cat Road. The plat maps for some of the other ones -there are only two of them as I just stated, say that Ashford Greens is liable to maintain the drainage ponds. The other ones are very loosely worded. I have tried to get from the developer where the agreements are or just what they state and he has not answered my question. We feel that Tallamar Boulevard and the other streets would lead to the golf course are as much for the city benefit as they are for our benefit. We are having to maintain all the streets going into the golf course, plus the drainage ponds and that puts quite a burden on the over 55 community that live in James Place and our dues have gone up considerably. The first two years the developer paid to Meridian City Pre-Council ~ting September 14, 2004 Page 6 of 8 have maintenance. After that he turned it over to Ashford Greens and I think it would be pertinent for the City Council to give us a little relief or try to work it out somehow where we are not liable for all the maintenance of those ponds. Thank you for your attention. Nary: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Nary: Did anyone else want to make any comment before we have some discussion? Council is there --? No? Okay. It sounds to me like I guess that part of the question Council is do we want Mr. Nichols to provide us some info before we take some action of any sort? That seems to make the most sense to me, but I don't know what everyone else is thinking. Rountree: Mr. President? Nary: Mr. Rountree. Rountree: Yeah, I would like some guidance in terms of what the documentation says. I don't know if any of this is covered. Apparently, some is covered on the plat; some is covered under some gentlemen agreement understanding. I don't know if any of it is covered in development agreements that pertain to the various phases of the Ashford Greens Subdivision, but I guess the comment I will make is that I don't believe that this should be a burden to the golf course operators, personally, because I don't believe they even understand the situation related to those ponds. So, I think it's something that we need to work through with the homeowner's association and ACRD to understand where those are, who owns them. I suspect the question about the cart paths - I don't believe the city owns that property, I suspect there are probably common lots, platted lots in those subdivisions. I don't know that, but if they are 1 assume that the subdivision is responsible for common areas and those sorts of things. So, there is a lot of questions that I have got as to who goes where with this. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I would agree. I would like to see a little more information in terms of the drainage ponds and the maintenance of those to allow us to make an informed decision. The one thing that I did hear from Mr. Brown was two other comments on different issues and I will say that comments on the maintenance of the course is an ongoing discussion that we have been having within the Council and the community and we can certainly take those comments and Meridian City Pre-Council NIL~ting • September 14, 2004 Page 7 of 8 integrate those into our search for those standards. So, I didn't want you to think that we weren't taking into consideration. In addition, the trespass ordinance, we have not had our final hearing on and we will integrate those comments and then also provide public notice for when our next hearing on that would be. We also invite everyone to come and make their feelings and their opinions known. Nary: I guess I would agree with all the comments, you know, it sounds to me that probably between the plat and the varieties of different CC&R's and the like that have come across and on Ashford Greens this is probably not the easiest thing to unravel, but I think it's still falls to you, Mr. Nichols. If two weeks is reasonable at least to get some idea of where we are at. It may not be enough to answer all the questions that have been raised today. Nichols: Mr. President. Nary: Mr. Nichols. Nichols: Mr. President, Mayor and members of the Council, Brad furnished to me some documents that has been - I think it has been more than a month ago or thereabouts and the older I get the shorter my memory is. There are some documents that just simply don't speak to the light maintenance at all. We did not review, that I recall, CC&R's. We did not review development agreements, but about the time that Ashford Greens development was in place, historically the development agreements were not at least in our experience, what we have seen were not well done; often they were drafted by the developers, instead of the city. We can certainly look for those to see what's there, but I think the fact that these ponds got onto the golf course property and the documents I looked at didn't indicate any sign off on the part of the golf course people, would indicate that that we're not likely to find much more, but we will look. If we can get all the documents together in a week to where 1 can have an opinion to you by the 28m, I'll try to do that. We more or less took an equitable approach to it and that is that if subdivisions had to have put these within the subdivision, they would have to of had maintained the light maintenance on them then. So, from that standpoint, we were looking at either do it on this lot or you do it over here, sort of a thing. So, that was one. The other on the equity side we also looked at the fact that there would be more lots in the subdivision, means there is more folks to pay those dues to help offset the cost of that maintenance. So, we didn't sort of look beyond just the four corners of the documents because there wasn't a whole lot there, but we can go back and look at additional documentation. Mr. Berg can have his staff look to see what we can find for development agreements in Ashford Greens and we can contact -probably just as easy to contact a local title company for the CC&R's. Mr. Brown certainly can give us a copy of theirs, but there may be others throughout the developments and so we will see if we can ferret out some more information, but there just wasn't a whole lot to look at before. Meridian City Pre-Council Feting September 14, 2004 Page 8 of 8 Nary: Well, if anybody can put the ruebics cube back together, I think that sounds like the best thing that we can do at this juncture. Council, if it is all right then, maybe two weeks we will put this back on our Pre-Council agenda for discussion. So, if you want to come back in a couple of weeks, at least we will give you some idea of what we were thinking and what direction we think the city should take in this issue and at least give you something based on the opinions that we have from our legal counsel and our staff. I think that's the best we can do this evening at least. As Councilman Wardle said, the issue on the trespass ordinance is not before us tonight. When it is, certainly that's an opportunity to provide further input. The last draft of the ordinance might have addressed some of the concerns that you have raised, maybe not all of them, but some should be raised about access of property owners that are adjacent and their maintenance of their own properties and the like. So, some of that stuff may have been resolved, but you certainly have an opportunity to tell us that again - we are going to discuss that ordinance at some point in the future. Council is there anything else? No. Okay, then we have reached the end of our agenda. Bird: I move that we adjourn the Pre-Council. Rountree: Second. Nary: It's been moved and seconded to adjourn our Pre-Council meeting of September 14th. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~IZSI~¢ TA E D, MAYOR DATE APPROVED ~~~~~~ ;' Cif _ "`vi'9 %'. \~RPO ATf'f STUD: SEAL :~9~,9 UST 1ST ~ ~ ~~ .r,~--- ~ WILLIAM G. BERG, J ., CITY CLERK