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HomeMy WebLinkAbout2010 11-16E IDIAN*--- IDAHO CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, November 16, 2010 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session per Idaho State Code 67-2345(1)(f) - To Consider and Advise Its Legal Representatives in Pending Litigation; (a) - To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (d) - (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code) Into Executive Session at 6:01 p.m. Out of Executive Session at 6:58 p.m. Adjourned at 6:58 p.m. Meridian City Council Pre -Council Meeting Agenda —November 16, 2010 Page 1 of 1 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. E IDIAN*-- IDAHO CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, November 16, 2010 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: VDavid Zaremba '/ Brad Hoa9 lun Charlie Rountree �L Keith Bird ✓ Mayor Tammy de Weerd 2. Adoption of the Agenda "aa -61f/ to 3. Executive Session per Idaho State Code 67-2345(1)(f) - To Consider and Advise Its Legal Representatives in Pending Litigation; (a) - To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (d) - (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code) Meridian City Council Pre -Council Meeting Agenda —November 16, 2010 Page 1 of 1 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 Pre -Council Meeting November 16 2010 The Meridian City Pre -Council meeting was called to order at 6:00 P.M. on Tuesday, November 16, 2010 by President Councilman Charlie Rountree. Members Present: Keith Bird, Charlie Rountree, David Zaremba and Brad Hoaglun. Staff Present: Jaycee Holman, Bill Nary. Item 1. Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Hoaglun: I move we adopt the agenda. Bird: Second. De Weerd: A motion and a second to approve the agenda. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Executive Session per Idaho State Code 67-2345(1)(f) - To Consider and Advise Its Legal Representatives in Pending Litigation; (a) - To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (d) - (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code) Bird: I move we go into Executive Session per Idaho State Code 67- 2345(1)(a)(f) and (d). Rountree: Second. De Weerd: It has been moved and seconded to go into Executive Session. Roll Call Vote: Hoaglun, aye; Rountree, aye; Bird, aye; Zaremba, aye. ALL AYES. MOTION CARRIED. (Into Executive Session at 6:01 p.m. and out at 6:58 p.m.) Rountree: I move we adjourn the Executive Session. Hoaglun: Second. Zaremba: It has been moved and seconded to come out of Executive Session. All those in favor. ALL AYES. MOTION CARRIED. Zaremba: I will entertain a motion to adjourn. Rountree: So moved. Bird: Second. Zaremba: A motion and a second to adjourn. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:58 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: 3 TAMMY RD, MAYOR DATE APPROVED Of- MERI`'%'or ES�ED: SEAL JA . YCE HOLMAN, CITY CLERK '; ='p� Usr iso • P.T� rrrrrr,rrrri n���NO E IDIAN---- IDAHO CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA Tuesday, November 16, 2010 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Stephanie Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of November 3, 2010 City Council Meeting B. Acceptance Agreement: Display of Artwork in Initial Point Gallery, Meridian City Hall between the City of Meridian and Cherry Woodbury C. Temporary License Agreement Between Ada County Highway District & the City of Meridian for Fothergill Pathway Extension Project D. Findings of Fact, Conclusions of Law for Approval: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District E. Findings of Fact, Conclusions of Law for Approval: PP 10-002 for Barletta Subdivision by Russell and Karen Hunemiller Located at 3299 W. Davis Lane Request: Preliminary Plat Approval of 2 Building Lots and 2 Common / Other Lots on 5.94 Acres Meridian City Council Meeting Agenda — Tuesday, November 16, 2010 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Final Order for Approval: TE 10-025 Normandy Subdivision by James Patterson Located at 4145 S. Locust Grove Road Request: Two (2) year Time Extension to Obtain the City Engineer's Signature on the Final Plat G. Final Order for Approval: TE 10-026 Blackstone No. 2 by Landmark Engineering and Planning, Inc. Located at 4700 W. Aspen Creek Street Request: Approval of a 24 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat 6. Items Moved From Consent Agenda 7. Action Items A. MFP 10-004 Woodland Springs Subdivision by Ada County Highway District (ACHD) Located off of the Northeast Corner of E. McMillan Road and N. Locust Grove Road on the North Side of McMillan Road Request: Modification to the Approved Final Plat to Allow for the Removal and Re -Planting of 6 Trees from the Site to ACHD Right -of -Way within a Planter Along E. McMillan Road Approved B. FP 10-008 Paramount Subdivision No. 17 by Brighton Corporation Located South of Chinden Boulevard and West of Meridian Road Request: Final Plat Approval for 28 Single - Family Building Lots on 7.41 Acres in an R-8 Zoning District Approved 8. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Mayor's Office: Resolution No: 10-755 A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Ashley Brown to Historical Preservation Commission Approved C. Parks Department: Borup Property Park Concepts Plan Presentation, Discussion, and Public Comment Motion Approved Regarding Concept Plan Meridian City Council Meeting Agenda — Tuesday, November 16, 2010 Page 2 of 3 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. D. Public Works Department: Rescind the Previous Approval of the License Agreement with Nampa Meridian Irrigation District (NMID) to Cross the Kennedy Lateral from the November 9th, 2010 City Council Meeting; AND to Approve the License Agreement with NMID to Cross the Five Mile and Nine Mile Drains as Part of the Ten Mile Rd - Cherry Ln to Ustick Rd Project Approved Adjourned at 9:40 p.m. Meridian City Council Meeting Agenda — Tuesday, November 16, 2010 Page 3 of 3 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. E IDIAN�-- IDAHO CIN COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA rl, ()3 phn Tuesday, November 16, 2010 at 7:00 PM �. Roll -Call Attendance David Zaremba V--," Brad Hoaglun —v"' Charlie Rountree/ Keith Bird Mayor Tammy de Weerd �2. Pledge of Allegiance �. Community Invocation by Stephanie Moore with Ten Mile Christian Church V14. Adoption of the Agenda Odci—" lelf'a c-,�5. Consent Agenda d 061Y� A. Approve Minutes of November 3, 2010 City Council Meeting B. Acceptance Agreement: Display of Artwork in Initial Point Gallery, Meridian City Hall between the City of Meridian and Cherry Woodbury C. Temporary License Agreement Between Ada County Highway District & the City of Meridian for Fothergill Pathway Extension Project D. Findings of Fact, Conclusions of Law for Approval: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District E. Findings of Fact, Conclusions of Law for Approval: PP 10-002 for Barletta Subdivision by Russell and Karen Hunemiller Located at 3299 W. Davis Lane Request: Preliminary Plat Approval of 2 Building Lots and 2 Common / Other Lots on 5.94 Acres Meridian City Council Meeting Agenda — Tuesday, November 16, 2010 Page 1 of 3 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. W'� �T F. Final Order for Approval: TE 10-025 Normandy Subdivision by James Patterson Located at 4145 S. Locust Grove Road Request: Two (2) year Time Extension to Obtain the City Engineer's Signature on the Final Plat G. Final Order for Approval: TE 10-026 Blackstone No. 2 by Landmark Engineering and Planning, Inc. Located at 4700 W. Aspen Creek Street Request: Approval of a 24 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat 6. Items Moved From Consent Agenda Action Items MFP 10-004 Woodland Springs Subdivision by Ada County Highway District (ACHD) Located off of the Northeast Corner of E. McMillan Road and N. Locust Grove Road on the North Side of McMillan Road Request: Modification to the Approved Final Plat to Allow for the Removal and Re -Planting of 6 Trees from the Site to ACHD Right -of -Way within a Planter Along E. McMillan Road r9P,,.Xj ,( : D-2�1$f FP 10-008 Paramount Subdivision No. 17 by Brighton Corporation Located South of Chinden Boulevard and West of Meridian Road Request: Final Plat Approval for 28 Single - Family Building Lots on 7.41 Acres in an R-8 Zoning District Department Reports A. Mayor's Office: Ma�or's Youth Advisory Council (MYAC) Update 00iIAQVII Ws�a� B. Mayor's Office: Resolution No: Proposed # 10-755 A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Ashl y Brow to Historical Preservation Commission C. arks Department: Borup Property Park ConceptsRNU)�ix itPent tion, Discussiion�ublic Comment st�a,.. ,�j � Pi e- D. Public Works Department: Rescind the Previous Approval of the License Agreement with Nampa Meridian Irrigation District U(`N'MID to ss sennedy Lateral from -the >:o eXnrr Stn, Meridian City Council Meeting Agenda — Tuesday, Novembe 16, 2010 Pae 2 of 3 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. 2010 City Council Meeting; AND to Approve the License Agreement with NMID to Cross the Five Mile and Nine Mile Drains as Part of the Ten Mile Rd - Cherry Ln to Ustick Rd Project Q q, Tom- zl� VVI P-41 Meridian City Council Meeting Agenda — Tuesday, November 16, 2010 Page 3 of 3 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, pleas contact th City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. : a- z)OXa ' - Meridian City Council Meetinq November 16, 2010 A Council meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, November 16, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Brad Hoaglun and Keith Bird. Others Present: Jaycee Holman, Bill Nary, Pete Friedman, Steve Siddoway, Joe Silva, Tracy Basterrechea, Warren Stewart, Scott and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: Good evening. Thank you for joining us. For the record it is Tuesday, November 16th. It is a few minutes after 7:00. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance de Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Stephanie Moore with Ten Mile Christian Church de Weerd: Item No. 3 is our community invocation. Tonight we will be led by Stephanie Moore with the Ten Mile Christian Church. I invite you to join us in the community invocation or take this as a moment of reflection. Thank you for being here. Moore: God, we thank you for this evening and you are concerned with items great and small in importance on the scale of political significance, but important to all of us and so I ask that this evening as every item on the agenda is addressed that you would be with the leaders and members of the community to guide us and to remind us of our importance individually in making this community a place where we want to live. We ask for your continued guidance tonight in Jesus' name we pray, amen. Item 4: Adoption of the Agenda de Weerd: Item No. 4 is adoption of the agenda. Meridian City Council November 16, 2010 Page 2 of 48 Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: We have a resolution number we need to add on here and move an item around. But under Department Reports, 8-B, that resolution is number 10-755. And also under Department Reports we would like to flip Items C and D, move Item D, the Public Works Department discussion after B and, then, slide C down. Public Works is a short discussion and, then, we can follow up with the Borup property park concepts. So, with those, Madam Mayor, I move adoption of the agenda. Rountree: Second. de Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda. A. Approve Minutes of November 3, 2010 City Council Meeting B. Acceptance Agreement: Display of Artwork in Initial Point Gallery, Meridian City Hall between the City of Meridian and Cherry Woodbury C. Temporary License Agreement Between Ada County Highway District & the City of Meridian for Fothergill Pathway Extension Project D. Findings of Fact, Conclusions of Law for Approval: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District E. Findings of Fact, Conclusions of Law for Approval: PP 10-002 for Barletta Subdivision by Russell and Karen Hunemiller Located at 3299 W. Davis Lane Request: Preliminary Plat Approval of 2 Building Lots and 2 Common / Other Lots on 5.94 Acres F. Final Order for Approval: TE 10-025 Normandy Subdivision by James Patterson Located at 4145 S. Locust Grove Road Request: Two (2) year Time Extension to Obtain the City Engineer's Signature on the Final Plat Meridian City Council November 16, 2010 Page 3 of 48 G. Final Order for Approval: TE 10-026 Blackstone No. 2 by Landmark Engineering and Planning, Inc. Located at 4700 W. Aspen Creek Street Request: Approval of a 24 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: There are no changes to the Consent Agenda and with that I move approval of tonight's Consent Agenda with the Mayor to sign and Clerk to attest. Bird: Second. de Weerd: I have a motion and a second to approve Item 5. If there is no discussion from Council, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda. de Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. MFP 10-004 Woodland Springs Subdivision by Ada County Highway District (ACHD) Located off of the Northeast Corner of E. McMillan Road and N. Locust Grove Road on the North Side of McMillan Road Request: Modification to the Approved Final Plat to Allow for the Removal and Re -Planting of 6 Trees from the Site to ACHD Right -of -Way within a Planter Along E. McMillan Road de Weerd: So, we will move to Item 7 under Action Items. Our first item is MFP 10- 004. Friedman: Thank you, Madam Mayor, Members of the Council. The request before you tonight is for a modification to the final plat for the Woodland Springs Subdivision. It's located at the corner of McMillan and Locust Grove Roads. When we approved the Meridian City Council November 16, 2010 Page 4 of 48 final plat and ultimately development began, consistent with our code there was a requirement for a landscape buffer along both McMillan and Locust Grove Roads. Since that time and since final plat was approved, part of the improvements to the intersection are going to require the relocation of the Lemp Canal from the south side to the north side of McMillan. Originally we thought there had been enough room for the irrigation easement to accommodate our standard landscape buffer. As ACHD got into their discussions and construction drawing with the irrigation district, it turned out that the irrigation district was, in fact, requiring a larger easement than was originally anticipated, so that causes it to move into the actual platted area and so what the district has requested is that the trees that were to be placed in the landscape buffer that you see on the right there -- or that are shown on the left, which would be consistent with our code that are being placed in an easement on private property, be actually relocated to be in the right of way and located between the detached sidewalk and the curb line, because the irrigation district doesn't allow trees within their easements and so since the landscape plan was approved as part of the final plat, the district is requesting the modification to the final plat to amend that landscape plan and they will be installing the trees as part of the project. de Weerd: Thank you, Pete. Council, any questions for staff? Rountree: I have none. de Weerd: Mr. Zaremba. Zaremba: Okay. Just in looking at the six trees that are proposed to be relocated, they are in a line of originally ten trees. Wouldn't it make sense to move all ten? Friedman: Thank you, Council Member Zaremba. I believe that the others are going to be moved, they just didn't include it in this request. Actually, the six that are shown there aren't there right now, they will be planted. Gary Inselman from the highway district is here. I believe that the other trees are going to have to be moved, too. That was my question. I thought, well, if we can't have six trees in the easement, how can we have the other four? So, we will have to negotiate with the irrigation district on that. Zaremba: Actually, I was just looking esthetically. A line of trees, as opposed to two lines of trees. Friedman: That would make sense, too. de Weerd: Okay. Any other questions for staff at this point? Gary, do you want to provide any comment? Okay. The applicant? No? Friedman: Madam Mayor, Council, the highway district is the applicant in this case. de Weerd: Oh, the highway district is the applicant. Meridian City Council November 16, 2010 Page 5 of 48 Friedman: Yeah. de Weerd: And you, apparently, spoke very well on their behalf. Mr. Zaremba, did you want to ask that question, though? Zaremba: I would if Gary would care to comment. I guess if those four trees that I'm looking at are already planted -- Friedman: Which they -- Zaremba: -- I probably wouldn't say move them. I just thought maybe all ten were not planted yet. Friedman: No. The four that -- I believe the four that you referred to are already in existence on the Maverick lot. Actually, right now what exists on that lot to the east where the six trees are shown, they are actually not there yet, it is just sod at this point, because that lot's undeveloped. Zaremba: Probably wouldn't ask to move them, but I'd still like Gary's opinion. de Weerd: He just covered your testimony again for you. Zaremba: Thank you, Gary. We always appreciate you being here. I'm done. de Weerd: Okay. Anything further from Council? Okay. Council, staff is seeking your decision on this item. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I move we approve MPF 10-004. Hoaglun: Second. de Weerd: I have a motion and a second to approve Item 7-A. Is there any discussion from Council? Seeing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. FP 10-008 Paramount Subdivision No. 17 by Brighton Corporation Located South of Chinden Boulevard and West of Meridian City Council November 16, 2010 Page 6 of 48 Meridian Road Request: Final Plat Approval for 28 Single - Family Building Lots on 7.41 Acres in an R-8 Zoning District de Weerd: Item 7-B is final plat 10-008. 1 will ask for staff comments. Friedman: Thank you, Madam Mayor, Member of the Council. This is a request by Brighton Corporation for a division 17 of the Paramount Subdivision, final plat approval of 28 lots on 7.41 acres. Staff has found it to be in substantial conformance with the approved preliminary plat and recommends Council's approval of this final plat. de Weerd: Okay. Council, any questions? Rountree: I have none. de Weerd: Does the applicant have any comments? Thank you, Mike. No? Okay. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve the final plat 10-008, Paramount Subdivision No. 17. Bird: Second. Zaremba: Second. de Weerd: I have a motion and a second to approve Item 7-B. If there is no discussion from Council, Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update de Weerd: Under Item 8-A is the Mayor's Youth Advisory Council update and so I will ask you to come forward. Douglas: Good evening. My name is Carson Douglas and I go to Rocky Mountain High School and I serve as the communications officer on the executive board for the Mayor's Youth Advisory Council. Some of the events that we have been active in lately Meridian City Council November 16, 2010 Page 7 of 48 have been Rake Up Meridian, which actually happened this past Saturday and we had a really big turn out. There was about 25 people and we had a really good time and we actually had the Rocky Mountain Student Council join us in that, so it was -- it was really fun. Also some of our members were able to attend the American Lung Association and to their STAND Convention, which is Supporting Teens Against Nicotine Dependency and that was actually created last year by members from MYAC, so that was pretty cool for them to be at that convention this year. One of the activities that we have coming up is put on by our Teen Activities Committee and that is ice skating at the Idaho Ice World this Saturday and it's free for all teens who want to come. Also our community involvement committee was able to select the Meridian Senior Center as the beneficiary of our annual fundraiser and so that will be really exciting to get going with and get more involved with and on that note, members of the youth council are getting to -- are going to volunteer at the senior center over the holiday break. Other than that, that's really all that we have planned for right now, but we are excited to get going on those things. Do you guys have any questions for me? Rountree: I have none. de Weerd: Council, any questions? Bird: I have none. Nice report. Douglas: Well, on behalf of all of MYAC we would like to thank you for all that you do and for allowing us to serve in our community. B. Mayor's Office: Resolution No: 10-755 A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Ashley Brown to Historical Preservation Commission de Weerd: Thank you. Okay. Item 8-13 under the Mayor's office, you have in front of you resolution number 10-755. It is to appoint Ashley Brown, which would be our youth member on the historical preservation commission. So, Council, you do have information about Ashley in front of you. She is very excited to participate at -- on the commission level, has a real interest in historic preservation and being a part of that commission. If you have any questions I would entertain those right now. If not, I would appreciate approval of this -- or confirmation of this appointment. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve resolution 10-755. Hoaglun: Second. Meridian City Council November 16, 2010 Page 8 of 48 de Weerd: I have a motion and a second to approve the appointment of Ashley Brown to the historical preservation commission. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Works Department: Rescind the Previous Approval of the License Agreement with Nampa Meridian Irrigation District (NMID) to Cross the Kennedy Lateral from the November 9th, 2010 City Council Meeting; AND to Approve the License Agreement with NMID to Cross the Five Mile and Nine Mile Drains as Part of the Ten Mile Rd — Cherry Ln to Ustick Rd Project de Weerd: Now, for those of you who have been to a City Council meeting, I'm sure you saw your item as one of the last on the agenda and thought, oh, my gosh; we are going to be here forever. We are not there yet, but that's pressure on you, Stewart, to keep it really short. Or Warren. Stewart: You're fine. de Weerd: I'm great with names tonight. It's because I don't have my glasses on. I'm disoriented. Okay. We are looking at Item D that is now Item C and I will turn it over to you. Stewart: Madam Mayor, Members of the Council, last week you approved a license agreement with Nampa-Merdian Irrigation District. The license agreement that was attached to the paperwork that you had was for two crossings, one on the Five Mile and the Nine Mile Drains, and it was for the Cherry Lane to Ustick re -use pipe project that's coming up. However, we have another project that's ongoing at the current time, which is also the Victory Road trunk line project. We had been preparing both license agreements and both memos at the same time and we inadvertently got the wrong memo with the right license agreement. So, what we are asking you to do tonight is to rescind the approval of the license agreement which you did last week, because it was the wrong title that was approved and to approve the license agreement for the Ten Mile project with the right memo, so that the wording is correct and at a future date we will bring the license agreement for the Victory Road trunk sewer extension, along with the correct memo, before you. So, we need to rescind the one last week, because the title was incorrect for the license agreement that was brought before you and, then, actually approve the right one -- or the title of the right one. So, hopefully, that made some sense. de Weerd: Okay. Questions from Council? Meridian City Council November 16, 2010 Page 9 of 48 Zaremba: It does make sense to me, but is there any way to annotate in last week's minutes that something changed? de Weerd: I believe it was stated on the record that -- to rescind, wasn't it? Stewart: No. Holman: Madam Mayor, I wasn't here last week, so I'm not sure. Nary: Madam Mayor, Members of the Council, what happened is your -- and Warren or Stewart can correct me, but I think -- I think -- de Weerd: Well, we will say it's Warren Stewart. Nary: I think the title that was on your agenda was correct. The license agreement that you approved that was signed was incorrect. So, what you're doing is rescinding your approval of that and correcting it this week with the correct license agreement. Stewart: That's almost right. The actual license agreement that was attached was the correct license agreement. The Council memo, which had the action that you approved, that was incorrect. So, the action that you actually formally spoke was for -- not for the license agreement that was attached, so -- Zaremba: I'm just making sure that if somebody read last week's minutes and doesn't read this week's minutes, they would know what the right documents were. Holman: Madam Mayor, Members of the Council, Councilman Zaremba, I probably wouldn't actually amend the minutes, but what we will do is put a permanent note in that minute book, so if anybody ever goes back to that item in the future or ten years down the road for whatever reason, it can -- we can put a note in the minute book and in the permanent record, so -- de Weerd: So, a note referring them to the minutes of this meeting? Holman: Correct. de Weerd: Okay. Zaremba: Thank you. de Weerd: Any additional comments from Mr. Nary? Nary: No. de Weerd: Okay. Any further discussion on this? I do need a motion. Meridian City Council November 16, 2010 Page 10 of 48 Zaremba: Madam Mayor? de Weerd: I don't need a motion. I do. Zaremba: Yeah. We voted last week. Madam Mayor, I move we approve Item D. Hoaglun: Second. de Weerd: I have a motion and a second. Discussion, Council? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Parks Department: Borup Property Park Concepts Plan Presentation, Discussion, and Public Comment de Weerd: Okay. Council, we are at 7 -- or 8-C -- or now it's 8-D on part of our agenda, which is the parks department. I will turn this over to Mr. Siddoway. Siddoway: Thank you, Madam Mayor. Just a second, I will try to get this correct. Madam Mayor, Members of the Council, apologize for my voice. Fighting a cold. I'll try and speak as little as possible, see if you can keep up momentum. We are here tonight to discuss the Borup property concept plan. This effort was started a couple years ago and, then, put on hold, primarily for the reason of the Highway 16 extension that was being considered at the time by ITD was down McDermott Road that had an alternative that went right through the park site and we didn't want to put time into doing a concept plan for a park that could become a highway. However, that question was resolved last winter with the preferred alternative of ITD moving to the west side of McDermott Road and, then, also this spring a couple of additional items facilitated the desire to move this forward again. First of all, we began working in earnest with the Lion's Club for their Conditional Use Permit, which was approved this fall for additional use other than the one time a year for the -- thank you -- for the -- their rodeo uses at the -- on the grounds at the Borup property. Second, we had several issues related to ball field space come up this spring with the growth in our leagues and we know that we need to start planning for future ball fields as well. And, then, the third were the efforts of the dog park task force. As you know, this time last year we had to close off some days and hours at the Meridian Bark Park next to the police department and they began looking in earnest for additional alternative dog park sites and this was identified as a site that we wanted to pursue. As part of this effort there has been a huge amount of public involvement. In fact, the open house that was held this summer had over 60 people in attendance, one of the largest attendances we have had at an open house. Some comparison. The Five Mile Creek pathway open house that was also held that same Meridian City Council November 16, 2010 Page 11 of 48 month and had invitations to all the surrounding property owners, only had about three people show up for that one, but this one has been very well attended and a lot of passionate thoughts about the future of this site. You will see the options tonight that include the rodeo grounds as an expanded use. Show softball as a tournament complex. And you will also see that a future dog park is shown on all three of the concepts that were explored. The reason why the dog park shows up on all three is that we wanted to make sure that it would fit under each scenario, because the last thing we wanted to do would be to build a dog park one way now and, then, have to go back and reduce its size in the future for other amenities. So, in your packet tonight all the Council members should have received a copy of the Borup property concepts plan bound. In that plan are chapters addressing concept development, programming, and implementation and answering questions related to those. There is also a very large appendix, which is the bulk of the document showing early concept plans. The notes from the public outreach and, then, background material from meetings, such as our meetings with Williams pipeline and Public Works. So, here to present an overview of that plan to you tonight is Susan Graham from Parametrics. They have been working with us as consultants and you will recognize Susan as also working with us as the lead project manager on the Kleiner Park project. After Susan speaks, Creg Steele, the chairman of the parks and rec commission, will address you with the recommendations of the parks and recreation commission. After that we will open it for additional testimony. We have presentations planned from a neighbor Mrs. Dawn Anderson, as well as the dog park task force and, then, other members of the general public. So, with that I will stand for any questions and we can start the presentation. de Weerd: Okay. Thank you, Mr. Siddoway. Any questions for our parks director at this point? Rountree: I have none right now. de Weerd: Okay. Susan. Graham: Thanks for having me here. Good to see you all again, Madam Mayor and Council Members. Susan Graham with Parametrics, 7761 West Riverside. And, Steve, are you going to advance the slides for me? Siddoway: I can. You bet. Graham: Okay. So, I'm going to try to be brief, because I know there is lots of folks here that want to speak and I will just stick to the quick overview and, then, hopefully, answer questions that you may have. The concept development, unlike the materials that we prepared for Kleiner Park, were very brief, very high level document to look at a variety of scenarios that could occur on this property and so we are -- the primary purpose was to not do anything in the short run that would preclude longer term improvements as funding became available. So, the concept development part of the document included a history of the property, the goals of the park, the various site constraints, the design concepts, stakeholder coordination and next steps. So, in terms Meridian City Council November 16, 2010 Page 12 of 48 of programming, Steve mentioned the elements that we were looking at and we -- we have every scenario, both -- all three concepts, A, B and C, including the dog park and, then, we looked at a variety of different alternatives with a rodeo, a softball tournament complex and we show that in a couple different ways and, then, they would all have typical park amenities, such as play equipment, restrooms, parking, and all the utilities that go along with that. So, here is concept A and you can see that it's laid out with parking right close up on Cherry Lane, mostly to take advantage of the fact that we wouldn't have to build as much roadway to get to the back of the park. Concept A, as they all do, includes about a seven acre dog park along the west side of the parcel and this depicts a potential rodeo concept use, which is a more permanent situation than is currently out there and is not necessarily something that the Lion's Club gave to us as their dream rodeo, we just wanted to show how, within a park program base of this size you could accommodate sufficient rodeos -- an arena of the size that they would require and, then, barns and practice area. So, it's representational of what could be done out there. And they did advise us as to the size of the riding arena, so that it would -- it would accommodate a variety of different events. The constraints with concept A, as really with all of them, are there is no water and sewer out to this site and would need to be extended prior to park development. Currently there is minimal funding for rodeo improvements. There is also minimal funding for the city park elements. And one of the uncertainties in this scenario is whether or not there is a sufficient market demand or use for a rodeo site solely designated year around and that's -- it's more posed as a question. It's just an uncertainty. We don't really know what that demand is. And currently there is a few Meridian residents that do own horses that doesn't necessarily limit the use of this site to Meridian, however. Concept B is a classic four-plex where you build a whole adult softball tournament. Also youth softball tournaments. Again, it does accommodate the same size dog park and it does address a current demand that the city has for softball use, which his something that came up in the city's park survey and is something that the city is questioned about regularly in terms of being able to provide the facilities for high level tournaments that generate quite a bit of revenue for the parks department and for the city. In this type of a complex the fields are clustered, which is a typical environment. It allows you to put your restroom and concessions central and have multiple play fields going on at the same time. The constraints are very similar in terms of utilities. There is, again, no water and sewer and one thing to consider if this site was to be used for night tournaments would be the lighting and glare that can be caused by ball field lighting. Concept C. Again, the dog park. Again, this is a four-plex, but it's a split park and, really, we did that just to see what if you were to have the parking in the middle, does that really change anything for how you could accommodate and use the site and I think our answer was it's not really -- it's not a great -- it's not a good use of space, it's not ideal. However, it's something to think about if you were to put just two ball fields out there. But, again, having two fields doesn't really allow for tournament use in the same way. But it does provide nice centralized parking for all uses. Different in this site in terms of constraints, as I just mentioned, are not having the ball parks clustered, it just makes it more difficult for people that may be playing on field one in one game and field four in another to easily get to and from. Same issue with night lighting as concept B. So, as you can see that western portion of the park was a common theme throughout all of them. Again, we Meridian City Council November 16, 2010 Page 13 of 48 were really looking at how do we plan for some long-term uses based on current demand, like the dog park, and, then, allow for the other acres of the park to really be able to be decided in the future in terms of what would be a use that could be accommodated and would be compatible in terms of providing sufficient parking and this list that you see in front of you I'm not going to read, but it was provided to us through the dog park task force and they have a very comprehensive list of the types of things that they would like included out there, many of which are at similar dog parks in the valley and some things which are not at other dog parks in the valley, which would really make this dog park extremely well used. So, in terms of implementation, again, none of the projects are funded beyond this initial concept plan. So, there is a utility need to get water and sewer to this site. If there were to be interim uses you could accommodate -- such as a dog park, you could accommodate with portable facilities, but that would be a reality of that. In terms of roadways, access will come off of Cherry Lane and you will notice that the roadway shown, the north -south road, is actually split on that parcel line, assuming that development to the east would share that. Parking would need to accommodate both interim, which could be a dog park, and long-term uses and we used a parking generation rate very similar to the one -- other than the city in terms of ballpark demand, so we are trying to be really careful to not overdo it on parking, but to have enough for tournament and other high use areas. The cost that we provided, I wanted to stress that those were on a very, very preliminary basis. We didn't do any engineering or design work to get more detailed number than -- more like a cost per acre. So just to give you an idea as you look forward what the relative cost might be from one option to another. And, finally, the entire project as is the case in most projects, would be phased according to funding availability and, really, our main goal was to make sure we don't, again, preclude anything now -- or preclude anything in the future by being too short-sighted today. So, that was why we spent some time really laying out those concepts. So, last month this was presented to the parks commission and they provided us with the following directions. They had motions that were made. One that the concept of the new dog park should move forward. Two that a concept of an animal shelter should not move forward at this site. And, three, that they accepted the concept plan as presented, minus the animal shelter as a guide for future development and that is the same version of the document that you have in front of you. So, I can take questions now or do you want to wait until after the other presentations? Okay. de Weerd: Council, questions? Hoaglun: Madam Mayor, quick question for Susan. I need a refresher. There was a reason why you located the dog park on the west side, as opposed to the east side. Was that because of -- was that a lateral or ditch or -- I'm trying to recall what the reason was for that. Graham: That's correct. Steve, are you going to get me there? Madam Mayor, Council members, Council Member Hoaglun, yes. Initially the dog park was sited -- western boundary line -- which I'm not sure if I'm going to get this working or not, is about where an existing drainage is located. So, that's one reason why it's there. It's a good easy in Meridian City Council November 16, 2010 Page 14 of 48 terms of interim to just parcel that off and we wouldn't have to do anything to that ditch in the short run if we didn't need to. The other reason is the Williams pipeline runs over here and there is limitations on what you can do above the pipeline, so, we are trying to keep that area primarily open grass and limit any construction of physical improvements on that side. Hoaglun: Thank you. Siddoway: Madam Mayor? de Weerd: Mr. Siddoway. Siddoway: One additional reason is that if we were to try and move the dog park to the east side of that ditch, we would be encroaching on area that the rodeo currently uses for parking for their annual rodeo. They park up to that ditch and so we were trying to stay out of the area where they are parking. de Weerd: Okay. Thank you. Any other questions from Council? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: What's the parking numbers that you're anticipating with the three concepts? Graham: Madam Mayor, Members of the Council, Councilman Rountree, I believe -- I don't have the plan in front of me, so Steve might need to help me. It was 12 stalls per acre, which I think is about 500 stalls for this site. Siddoway: There is a range. I think they run from 400 to 500. 1 think the largest one is a little over 500, but the 12 per acre -- looking for that section -- does strike me as correct. I'll look it up. de Weerd: Anything else from Council? Rountree: I have nothing. de Weerd: While Steve looks that up we can have comments from our parks commission chair. Thank you, Susan. Graham: Thank you. de Weerd: Good evening. if you will, please, state your name and address for the record. Meridian City Council November 16, 2010 Page 15 of 48 Steele: Madam Mayor, Council, Creg Steele, 2021 Northwest 8th Street, Meridian. Chairman of the parks and rec commission. de Weerd: Thank you. Steele: I just wanted to real quickly -- and I will keep this quick, because there is other people that want to speak. The commission in going through this process, there were a lot of e-mails -- in fact, you have the packets. There were a lot of e-mails, letters, and, then, of course, personal presentations in testimony when we had our meeting and we pretty much limited our meeting to the three different parks that you have seen and Susan showed you the slide and the one you currently see on your screen. On looking at the dog park, whether it should be there, in our opinion, or not, the animal shelter, if it should be there or not, and, then, overall in general did we accept the concept plan that they presented to E and after looking at the testimony -- hearing the testimony and looking at the information that we had, we as a commission thought that we should keep the dog park there, not the shelter, just because of noise and some other things, and, in general, we accepted the concept plan that was presented to us. And that's kind of it for us. Any questions? de Weerd: Council, any questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Creg, is there any preference as to which concept or you're just seeing them all as possibilities? Steele: At this time it was all of them as possibilities. Before you bring in the baseball or rodeo on a permanent basis, I think you're going to have to have sewer and some other amenities there that aren't currently at the site. So, at this time we decided to leave that for another discussion at a later date. Rountree: So, I take that comment to mean that your concept of a concept and concept of moving forward with a dog park is that you won't need any facilities in place and I don't believe that's correct. Steele: At this point what we are looking at as far as a dog park was having porta- potties or something like that. That if that part of it were to go forward. Because there is a need for -- and I don't know, you know, what the need would be. Steve has talked to Ada County and some others about what we can and cannot do out there. But if you're going to put in a permanent restroom, you would have to have the sewer and water and stuff like that. Rountree: I believe one of the items that I saw in the needs for that particular item was a well maintained grass area. How is that going to be done without water? Meridian City Council November 16, 2010 Page 16 of 48 Steele: Well, I think in the plan that the dog people are coming forward with that they will provide the money to put in a well to be able to water that section. It wouldn't be potable water, but it would be water that we could water the site with. Rountree: Okay. Thank you. de Weerd: Steve, can you answer that? Siddoway: The parking or the -- de Weerd: The water. Rountree: All of the above. de Weerd: Or both. Siddoway: So, the -- on the question of the irrigation water, an irrigation system would have to be developed in order to put a dog park out there. That would have to be part of the cost to putting a dog park. And if one were developed prior to water and sewer being out there, it would have to be done with porta-potties. Hoaglun: And, Madam Mayor and Councilman Rountree, I do recall from parks commission meetings or -- the discussion was there are irrigation rights to that property and there is a -- it's a -- to a well that may already be out there, if I recall correctly, that we could pull from, but there would have to be some maintenance to the pump and different things added to that, but there are options, but all involve money to some degree or another. Rountree: Thank you. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Two things. First, I see there are other commissioners here. Would you introduce them? Steele: Yes. Tom is here in the front row and Treg and Phil are in the back. Zaremba: Thank you. Second, it's well known that I'm an advocate of having the animal shelter and the dog park co -located and I just wonder if you would review for us what tipped the balance for the commission to not support the animal shelter being there. Meridian City Council November 16, 2010 Page 17 of 48 Steele: After listening to the presentations and some of the information -- reading through some of the information we had, noise was a big concern with the -- with the animal shelter, having that many dogs in a closed space. And, then, of course, you have the waste and stuff from it also. So, the noise and some of those things were the largest issues with us. And so because of that it -- we felt like there might be a better place for the shelter in an industrial area or something like that to where noise might not be a factor. Zaremba: Thank you. de Weerd: Okay. Anything further from Council? Rountree: I have nothing. de Weerd: Okay. Thank you, Creg. Steele: Thank you. de Weerd: Yes, Mr. Siddoway. Siddoway: I can confirm the section 3.2 of the plan it does state that the -- the parking was based on ten to 14 stalls per acre and that based on that range at 14 stalls that would mean 420. The concepts range between 400 and 500, so some have a little bit less, some have more. But it's in that -- in that range. For comparison, out at -- out at Settlers Park I believe there is a little over 700 stalls. So, Settlers has more than this does, but it also is a larger park with more uses, so -- de Weerd: Thank you. Also part of the parks commission subcommittee was the dog park task force. Are you the spokesperson or you want to introduce it? If you will state your name and address for the record. LeClaire: Thank you, Madam Mayor and Members of the Council. My name is Tom LeClaire, chairman of the dog park task force and a commissioner on the parks and recreation commission. de Weerd: Thank you, Tom. LeClaire: Thank you. We have -- when the Bark Park opened last summer it was hugely popular. We found just a fantastic amenity in our city and it's the dogs and owners were thrilled to have it and -- but with a great new amenity came new challenges. We realize that it was overused and the -- our group has been looking for options for a dog park within our parks system and in new developments like this Borup property. I gave you a surface sketch of this presentation from within, what the parks commission had worked on last April at a workshop on the same issue and so I don't want to just show you that all over again and we have some new things to show you tonight and so I just want to introduce our task force, if we have a few minutes, and I'm Meridian City Council November 16, 2010 Page 18 of 48 going to go right to it. We think this is a good solution, this concept plan, and we hope you will endorse it and give us some momentum in developing this park. And so who would like to -- this is Shannon Wood with our group and she will be first. Wood: Stating my name and address for the record. de Weerd: Yes. Thank you. Wood: I'm Shannon Wood. I live at 2917 South Givens Way in Meridian and I'm speaking on behalf of the dog park task force this evening and, first, I think I'd like to thank you all for the opportunity to do this. I think I speak for everybody here when I say we feel really fortunate to be part of a city where citizen participation is so encouraged like this. Also I want to make sure that it's understood that we on the dog park task force really appreciate the concerns of the neighbors to the Borup property and we have listed to their -- excuse me -- listened to their concerns and taken them seriously and appreciate the opportunity for the open dialogue and collaboration and hope that through more of that we can come to a solution that everybody feels comfortable with. So starting with the benefits of a dog park. I think the benefits to dogs are probably blatantly obvious, but I don't want to diminish the benefits to people as well. So, the communal style of the park allows more people to meet each other, creating, extending, and strengthening the bonds of Meridian residents with each other. It offers new residents a place to go to meet people with whom something -- they are already have something in common and I think we all know that the stronger the bonds are between our residents, the stronger our community is in general. Siddoway: Hang on one second, please. It's not showing up correctly. I'm trying to keep up with you, so it went -- there it goes. Okay. We just had a computer glitch. Wood: Thanks for being my clicker. I'm onto the next one now. Siddoway: Okay. Wood: So, in addressing the neighbor concerns, again, I wanted to just reiterate that we really do appreciate the level of engagement that Donna and everybody else who borders the Borup property has set forth and we did take them seriously and in trying to address some of their concerns we have done research, we have called other cities to talk to their parks staff and so that we can leverage and learn from their experiences with dog parks and, of course, there is all the informal polling we do at our own Bark Park and the Boise parks and the Nampa parks, which most of us attend on a regular basis. So, first thing on the concerns has to do with, as you might imagine, safety first, and I think that we can address the majority of these concerns by making sure that we have a six foot tall chain link fence. Wrought iron won't work. We need chain link to keep the small dogs in and other small animals from coming on the outside. A double entry gate that allows for controlled access. This will prevent dogs from running loose and amuck in the parking lot scaring rodeo horses or anybody else that might be around and, above all, requiring that all dogs be leashed until they are safely inside the park. Meridian City Council November 16, 2010 Page 19 of 48 How do we make sure this happens? I think through governance and appropriate and abundant signage clearly outlining the park rules posted outside and within the park and, then, a Bark Park patrol, kind of an informal peer governance system. We have already got that now at our current park, it just sort of evolved out of the frequent users, the regulars, if you will, trying to make sure that all the rules are followed, introducing new people to the park, making sure they feel welcome and understand the rules before they come in. Okay. Let's talk about poop. Sanitation, of course, is a big concern and think that in this case it's really all about preparation. Adequate number of bag stations and trash receptacles, signage, making sure everyone understands they are responsible for picking up after their pet and peer governance again will keep the park clean. I think we have all come to realize that the park's most frequent users are only interested in playing in a clean park and will take the steps necessary to make sure it stays that way. Noise and real estate impact. A dog park can be a good neighbor. And that's not me talking, that's the Eugene, Oregon, parks maintenance supervisor. And when we talk about noise and real estate impact, I think our experience shows we can rely on the experience and expertise of the Meridian Parks Department to utilize appropriate landscaping, like berms and trees, to make the park an attractive addition to the neighborhood. Those things also help mitigate noise, as well as positioning the gate away from adjacent housing and using an adequate setback for fencing to create separation between the parks and the neighbors. I think the next point has sort of been asked and answered many times over the last few months and that's really about demand and will people really be willing to drive out to the Borup property to exercise their dogs and I just want to point out this photo that Brian took a couple weeks ago. The park had been closed on a regular day due to police training and they reopened it at 5:00 and this was at 5:45, so in less than an hour the parking lot was full and the park was full of dogs and people. So, I think we have proven that the demand is certainly there and people are willing to drive to an appropriate place to exercise their dogs. Again, I hope, you know, we have addressed some of the neighbor concerns and that we will continue with the open dialogue and collaboration to try to come up with a solution that everybody's comfortable with. I know Donna is going to speak later and I hope she will continue to come to our meetings, too. So, I'd like to talk now about why the Borup property specifically is important. As it turns out, size does matter. We found out firsthand how overuse can affect a dog park resulting in mud and things like that. And the Borup property is really perfect for us, because it allows for a seven acre dog park. At its ultimate acres it would allow for a proper rotation schedule for turf maintenance. We have spoken with Elroy specifically about this and that's part of why the current park is closed for three days a week in order to allow the turf to recover. And also a seven acre dog park would certainly address our capacities at this point. Through our research and conversations with other cities' parks departments we have confirmed with them that the rotation system is the key to turf maintenance and Borup would allow us to use one part and close off other sections, you know, as the turf recovers. Another critical things about using -- having a seven acre dog park is that it allows for walking paths. This keeps people and dogs moving throughout the park and this really minimizes the opportunity for altercations. It's the big difference between the Nampa park and the one we have now. We'd also like to consider a phased approach to development of the park, say we start with like four acres. Still big enough to allow Meridian City Council November 16, 2010 Page 20 of 48 for paths and turf rotation, but it would allow us to expand gradually as the funds are raised to the full seven acres. So, a big point that's come up the last couple months is about how when we looked at alternative sites was should we have several parks that are less than an acre or should we have one dog park and to that end we all got together and looked at alternative sites. The benefits of a large dog park, again, walking paths, turf rotation, and Borup actually allows for a small dog area. Small parks are not going to allow us to have this kind of flexibility and I'm not exactly sure how the budget figures would relate to building several small parks or one large park. Speaking of budgets -- so, because they are tight, as we all know, we got together as a group, parks commissioners and Donna and some people from the dog park task force and went out and took pictures and investigated some alternative sites. After that we really came to the conclusion that Borup was not only the most affordable, but perhaps the quickest to develop. After all, the city already owns it. The two other most favorable sites were the Jabil property, but the city doesn't own that and it currently, I believe, gains some revenue from its use by sport clubs, et cetera. And if we were to build a park there it would only be temporary and would have to be moved at a later date. The two acre parcel adjacent to Storey Park also not owned by the city. So, to us Borup was the quickest and most affordable. Perhaps one of the most important reasons -- we were lucky enough to have a police department that was willing to share their training facility with us for a dog park. They have been really good about it, but, understandably so, they'd like their training facility back and I think they probably deserve that. And, lastly, we talked a little bit about Meridian quality of life. I touched on this earlier. Dog parks are not just for dogs, they are for people and for fostering community. A signature dog park we believe would really enhance the quality of life in Meridian, a city already known for its beautiful parks and continue to make Meridian a great place to live. I have a little excerpt here from a letter that Madam Mayor sent to Stephanie Griswald that talks a little bit about the parks -- current park's capacity. Since the Bark Park opening the response from the public has been amazing. It has been used by hundreds of dogs, as your letter states. With the success of the park and its relatively small size of about half an acre, this facility is not able to handle the amount of dogs who are currently taking advantage of this opportunity. So, again, kind of asked and answered, the demand is there and we don't have enough room. So, you probably are wondering what is that we want? What are we asking for? What are the next steps. It's really simple. We'd like you to approve the inclusion of a seven acre dog park in the Borup plan. We'd also like you to approve the use of the existing concept plans for us to use in fundraising efforts and we'd like you to consider a phased approach to development, so we can start with something smaller, so we can get out of the police training facility and, then, work our way up to the ultimate seven acres. Thank you. That's all I have and I'm happy to take questions, if you have any. de Weerd: Thank you, Shannon. Council, questions at this time? Bird: I don't have any. Rountree: I don't have any right now. Meridian City Council November 16, 2010 Page 21 of 48 de Weerd: Okay. Wood: Thank you. de Weerd: Thank you so much. Okay. That's the part on our commission and our department's side. As we enter into entertaining public comment, I would ask the city clerk to read the names into the record that we have written testimony already as part of your packets from the Council. Holman: Thank you, Madam Mayor. The comments that we have -- so far we have from Ben Larsen. Ray Plumb. The Depold family. Barbara McClintock. Gene Bray. Paula Young and Donna Anderson. de Weerd: Okay. Also noted in your packets, Council, we do have two petitions that were submitted from Gene Bray and Donna Anderson and those are also part of your public record. In addition, you do have the public testimony that was provided at the parks commission, along with the slide presentations in front of you as well. I would ask -- and I do know we received an e-mail from Mr. Bray that is representing a homeowners association in that area and the city does recognize homeowners associations and spokes people I would ask Mr. Bray or the audience who is present that is part of this homeowners association ceding their time to Mr. Bray, if you will raise your hand. Thank you. So, Mr. Bray, would you like to provide testimony at this time? I'm sorry, you will have to speak on the public record. Bray: Madam Mayor -- de Weerd: If you will state your name and address. Bray: Gene Edwin Bray. And I would like to defer at this moment to Mrs. Anderson and, then, I would conclude with the comments for the people that I represent, if that would be all right. de Weerd: Okay. Is Mrs. Anderson speaking on behalf of neighbors as well? Bray; A different group of neighbors, yes. de Weerd: Okay. Mrs. Anderson, would you like to come forward? I would -- before I can give you more than three minutes I will have to know who you're speaking on behalf of and if they are willing to cede their time to you. Thank you, Mr. Bray. Anderson: Madam Mayor, Members of the Council, I am representing the neighbors that live on Cherry Lane on the north and south side of the road between Black Cat and McDermott and a lot of them could not be here this evening. Jerry and Marti Frazier, Don and Leona Clower, Don and Lori Price, Maxine Shelby, Dale and Jan Markham, Paul and Lisa Young, Tom and Nettie Thiebold, Helen Aldinger, and Nancy Blake. Meridian City Council November 16, 2010 Page 22 of 48 de Weerd: Okay. If you can also state your name and address for the record. Anderson: Okay. Before I get started. Sorry. de Weerd: You do have ten minutes. Anderson: Okay. Madam Mayor, Members of the Council, my name is Donna Anderson. I reside 2000 North McDermott Road. Currently I live with my husband and two dogs, Lydia and Boaz. The west boundary of the Borup site runs the entire length of my property. I am speaking for the neighbors who live on both sides of Cherry Lane between Black Cat and McDermott. We appreciate the parks and recreation commission recognizing that the Borup property was not an appropriate location for an animal shelter. The surrounding neighbors have submitted a petition asking you to remove it from the Borup concept. That many dedicated volunteers who take care of the lost and abandoned dogs of Meridian need a more appropriate place for a new shelter. I have done a lot of homework about dog parks and have spent many hours attending parks, City Council, and dog park task force meetings. I have discussed dog parks with numerous other park directors, some of them have had dog parks for more than ten years and they range in size from a quarter acre to nine acres. All were happy to share their information, so that Meridian doesn't have to reinvent the wheel in a dog park. What do Meridian dog owners want? I was told two of the sources used for Meridian's need for a dog park came from the park's public input survey and a petition signed by 150 dog owners. In the 2008 park survey when asked what suggestions they had, only 13 people said they would like a dog park. That's 1/60th of one percent of a population of 75,000. The petition with 150 signatures only asked for additional hours on the three days the park was closed for winter hours, because there were no other off leash options for the dogs within the city. In visiting all of Meridian's parks I found someone playing or walking with their dog off leash in every single one. A dad and his kids were playing Frisbee with their dog. One lady thought since the bag dispenser was beside a big field, it was okay to play ball with her dog there. Even on the plaza of City Hall a lady practicing her border collie for an obedience trial had it off leash and several yards away. A young mother with two small children, a baby in a stroller and a dog loved the neighborhood park that she can walk to. She frequently let's the kids ride their bikes to the play area, while she walks the baby and lets the dog play illegally off leash in the afternoon. She doesn't have time, nor is interested in driving to a dog park. She couldn't take her kids. The dog park task force is urging you to approve the Borup property for a large dog park. They are not asking to put the dog park in their neighborhood, they are asking to put in our neighborhood in my backyard, six miles. from the current Bark Park. Boise dog parks are located between a cemetery and a railroad track and Interstate 84 and a park service yard and the Boise foothills. Nampa's dog park is located between the railroad tracks, an intersection, and storage units only one mile from the center of Nampa. Online I could not find one dog park located in someone's backyard. Large dog parks are usually included in areas with other destination amenities, such walking trails along rivers, in wooded areas or the beach. The Borup property has none of these. The largest cities try to have several off - leash areas centrally located to the people who would use them. This Thursday Boise Meridian City Council November 16, 2010 Page 23 of 48 is going to discuss establishing off -leach hours in designated established parks, so people can exercise their dogs when the parks are least used. Salt Lake City has a code on the books stating it's a thousand dollar fine and six months in jail for not picking up after your dog. Austin, Texas, has a 500 dollar fine. A Meridian sergeant said we currently did not have a fine. I could check it out at the city code online. There is a fine of 25 dollars for a violation of this section. Reading part A up here -- I'm not sure how to work -- anyway, if you look at part A up there it says dogs running at large are prohibited in city parks, unless written permission is obtained in advance from director to have a dog or dogs at large. Since 2003 you could legally run your dog off leash in Meridian's parks if you had permission. Mountain View, California, has a program where dog trainers can apply to use the city park for training dogs off leash during certain hours in certain parks. What an innovative idea, an off -leash permit for your dog. This is not letting your dog run wild. Restriction and fees are needed. With an off -leash permit responsible dog owners could legally do what they are already doing illegally, walk and play with their dog. One couple who regularly take their dog to Meridian's Bark Park also have a group of neighbors who like to get together with all of their dogs illegally off leash at the park near their homes. There is lots of details to work out, but the young mother who wants to take her kids and dog to play in the neighbor park wouldn't have to fear a fine. She would gladly pay 25 dollars for an annual permit to her neighborhood park. The code is in place. Dog owners could apply to the parks department tomorrow for a permit. Meridian could have the distinction of a town that recognizes the value of dogs as companions and family members. An off -leash permit would be a low cost solution that is revenue positive. The dogs at large issue is on the table. Please consider a provision for the responsible dog owners who are not asking for a dog park. They just want to walk in their neighborhood park with their dogs. Let Meridian step up and lead the way in the Treasure Valley with an innovative idea. We don't need a dog park in our neighborhood. No one in a one mile radius would use it. Every concept plan has a dog park on this site as if there were no other use for this land. If the drain ditch running north and south on the property were piped you could have entirely different layout possibilities. The horse park and dog park are incompatible. If you're to give the Lion's Club two years to develop more use of the site, please, give them a fair chance and not hinder them with dogs. We have enjoyed working with the rodeo and grant them a second access to the property off of McDermott Road through our property. A dog park would eliminate access from McDermott for them. Meridian's draft goals and objectives for the future were discussed at the recent town hall meeting. We would encourage you to strive to attain those goals and apply them to the Borup site. Number 42. Maintain integrity of housing areas to preserve values and ambience of areas. Number 43. Plan for appropriate uses within rural areas. Number 44. Encourage compatible uses to minimize conflict and maximize use of land. Number 66. Insure that all planning decisions and ordinance implementation balances the interest of the community with the project of private property rights for owners today and future generations. These are just four examples. Our neighborhood would like City Council to remand the Borup property site plan back to the parks and recreation for a considerate alternative to the dog park, one that's not -- one that is not incompatible with horses. Right now they are saying that the only possible use for that western third of the property is a dog park. What about a unique destination type facility -- activity that Meridian City Council November 16, 2010 Page 24 of 48 Boise and Nampa do not offer. Consider an agricultural park to celebrate Meridian's agricultural heritage. There is federal funding available for community gardens. Make it educational so school kids could see a plot of potatoes growing for the Meridian Food Bank or growing pumpkins so the Boys and Girls Club could sell them at the scarecrow festival. And I lost my last sheet, so we are just going to have to wing it. The -- our neighborhood -- we got that. Federal funding is available for community gardens. I'm sure there are other ideas for those -- for ten acres out there. We would like you to ask the parks department to give you another option and to find some other off -leash areas in -- within the City of Meridian. Do you have any questions? de Weerd: Thank you, Mrs. Anderson. Council, any questions for Mrs. Anderson? Okay. Anderson: Thank you very much. de Weerd: Thank you. Mr. Bray. Bray: Madam Mayor and Councilmen. de Weerd: Good evening. Bray: My name is Gene Bray and I live at 5654 EI Gato Lane and I'm representing the -- some 19 property owners on that lane. We have a couple lots that don't have permanent homes on them. And so our experience is similar to that observed by -- by Mrs. Anderson and we have seen in every city park that we visited at almost all times of the day off leash activity and I believe they are responsible neighbors and they don't like to be pushing the envelope, the pressure to be able to walk from their home to their local park is -- is quite overwhelming compared to having to drive some distance to a -- to a place where they can legally run their dogs and so they take the risk. Our neighborhoods -- the 19 people that I spent five days discussing and getting signatures on several petitions, they are resolute that the three alternatives that are presented and contained on this plan really are not three alternatives, because the -- there is one consistent thing and that is the dog park and certainly we feel that to be even handed it would be appropriate to create a parallel task force, because there is a dog park task force, but not one for any other purpose and one -- one logical one would be for a community garden program, which provides community or gardening opportunities for physical, social benefits, and perhaps even mental health for the people and the neighborhoods in Meridian if they could have some place to garden and especially with hard economic times coming on my property in particular I have run a community garden and we -- we had -- we furnished food to an expanded family of refugees starting with six from Nepal and, then, they, in turn, shared that food with other families and so -- and the other alternative that has been on the table with one of our signers, Mrs. Byham, was to -- that was in the comment card on the June 30th task force, was to have an equine exercise park for paid use of five dollars a day for horse use of an arena in the same ten acres. And so these other alternatives for the use of that ten acres had not been considered or entertained at all and yet they have been respectively, Meridian City Council November 16, 2010 Page 25 of 48 repeatedly brought up in front of the parks and recreation committee. Another thing occurred to me today, which was very instructive. When I did the survey of the 19 residents and the 30 some odd signers, there were three of them that said that they would like access to a dog park and that perhaps Borup would fill that bill and, then, I asked them about, well, what would you -- what would you think about going down -- if we could make off leash legal in Fuller Park, would you -- what would you think of that and every one of them said, oh, we'd rather go to Fuller Park, because we could just walk down EI Gato, cross over the collector, and to -- on Black Cat and walk down to the Ten Mile green belt and walk right over to the park and that would really -- really be very effective. So, in my zeal to pursue that I did get a hold of the Western Ada County Recreation -- the part of the -- I got it here. It's -- it's district -- it's the district. And found that we outliers in Ada County pay every year on our property taxes for that -- into that kitty and so, therefore, we have a vested interest in -- in the Fuller Park, as well as the swimming pool and as well as Settlers. So, I did call the gentleman at the -- at the office, which is at 30 East Franklin and talked to Mr. -- Mr. Gary Smith and we discussed sort of what would it take to have -- to change the rules in that park and have you changed it at any of the other parks and he answered in the affirmative, that, yes, for Settlers Park they had actually considered a garden -- a community garden project, but they figured that the half acre was so small it wasn't worth doing all of the development and they said that also they tried to transfer that property to the homeowners near by, but they didn't want it, because they would have to maintain it and the -- they wanted the district to keep maintaining it and so, therefore, that thing fell through. So, then, I asked him, well, has anybody ever asked about the Fuller Park and being able to change the rules there and he said, no, nobody's ever -- ever asked about that. I said, well, what if there was a community need for a dog or community gardening park and he -- he indicated that, well,. I think we would consider that and so I said, well, have you heard from anybody about those sorts of alternatives and the answer was no and so -- and so here we have a solution that could be put in place at least for the residential areas in section ten where -- where the Fuller Park is and that could be done with the stroke of a pen and the only requirement, at least according to Mr. Smith is that they would like to be done without any increased maintenance responsibilities on the part of the district. And with all of the dog park supporters it would seem to me that -- that that sort of facility could be created either in a ball park or some of the outlying areas that are -- that are really now just bare turf that could accommodate walks from their homes to -- from many homes and the Fuller Park, as long as the maintenance was not a -- an increased burden on the district and so it seems to me that -- that just the basic steps of trying to see if there is an alternate and an immediate solution to the problem at least for that set of developments was never investigated by either the consultant on this project or by any park and rec -- rec -- any of Mr. Siddoway's people and -- nor did the City Council -- anybody at the City Hall call and say, hey, could we work out a deal and so I have been convinced that it's -- a deal could be made rather easily provided that the maintenance road for that park was not increased and that the dog community would take care of what needed to be taken care of and I think that in view of that, the City Council should remand back to the parks and recreation commission the plan being offered and proceed with doing something that is -- should be very inexpensive and very obvious and very immediate help to -- to that community Meridian City Council November 16, 2010 Page 26 of 48 and the same thing if it can be done there can also be done with the other city parks and give the large -- populous at large the ability to walk their dogs in the parks that are near their homes and not have to drive some rather significant distance to the proposed facility that's practically on the Canyon county line. So, with that I would be delighted to answer any questions. de Weerd: Thank you. Council, any questions at this time? Thank you. Bray: Thank you very much. de Weerd: We do have a number of people who signed up on the sign-up sheet and when I read your name if you would like to provide testimony. I will read into the record your statements in favor or in opposition of the proposed concept plans. If you'd like to provide testimony when I read off your name I certainly invite you forward. We do have three minutes for all public testimony. Shannon has already been heard from. Stephanie Griswald signed up in favor. Scott Robertson signed up in favor. Okay. Barb Hatch signed up in favor. Thank you. Gale Shiner -- and if I mutilate your name apologize in advance. At least I'm saying the right name. Kind of similar. Signed up in favor. Shannon Kleiner is signed up in favor. Delores Baker or Delora Baker. Deborah. Thank you. Your L -- your B looked like an L. Sorry. Baker: Madam Mayor, I didn't print my name as I should have. Hello. My name is Deborah Baker and I wanted to just address a few things that I heard from the homeowners and the homeowners association, some things that concern me as a dog owner. One of the things that I heard was off leash parks with no way to contain a dog and I think that's a safety -- huge safety issue. People can't just be letting their dogs off the leash running around with no fence. There has to be some sort of fencing system and that's why we even recommend the double gates. So, I don't think that parks -- just any old park just opening it up is a really viable solution for the city. I think it creates a huge liability issue. Maybe Mr. Nary can talk about that. One thing I did want to point out is that Meridian is growing to the west. This Borup property is going to be a park of some sort and these -- these residents, while they have a genuine concern, they are not going to have a choice, a park is going to go there. I think that it would be nice to have a park. They talk about having community parks -- parks in the neighborhood, but they don't want this park and so I'm confused, because I think it's a benefit. And they even said that neighbors would walk to the park if it was there. Some neighbors. That's kind of confusing that they don't think people will drive, because I -- I participate in the Nampa dog park, I drive there frequently. I see Meridian residents there. In fact, on Saturday when I was talking about the City Council meeting and encouraging people to come to this meeting, the first few people I talked to were from Meridian and they are like, yeah, we don't really have a decent park, do we. And that's why the Borup property is so important, is because we need something we can do now. Right now we have a half acre that the police really want back and we have nothing as dog owners and I don't understand the comment about the children. At the dog parks that I go to, Boise, Nampa, and here in Meridian, I see children all of the time. So, they can be brought into a dog park and should be. They are part of the community. So, I'm Meridian City Council November 16, 2010 Page 27 of 48 confused. I feel like there is opposing -- you know, it's like one leg is saying one thing and the other leg is doing the other thing, so -- and I don't see how the rodeo grounds are incompatible with a dog park. My dog loves horses and horses like her. So, in -- to me they are not incompatible and it's not like she's going to be running around off leash not in a fenced area for horses who generally don't like dogs. I would never let her approach a horse, you know, without knowing about the horse. So, I don't think that the two are incompatible. In fact, I think they kind of go hand in hand and a lot of horse owners have dogs that they take with them when they go. So, I feel like there is a lot of disconnect here. Thank you. de Weerd: Thank you. Marjorie Rolls signed up in favor. Okay. Greg Mayhew signed up in favor. Sandra Champion signed up in favor. Bill Burns signed up in favor. Barbara Wood signed up in favor. Connie Peterson signed up in favor. If you will, please, state your name and address for the record. Peterson: Connie Peterson. 7082 North Pencross in Meridian. de Weerd: Thank you. Peterson: I'm the president of the Meridian Valley Humane Society and the reason that became involved in the dog park task force is because -- well, there are many, many needs in our community, two of them that are blatantly obvious to me are lack of an adequate shelter and lack of space for the dog park. These are two facilities that are -- have a tremendous amount of overuse and so when we next had this concept or idea of wouldn't it be great to have these two amenities come together, because they would compliment each other so well. Regardless of whether the animal shelter is placed with the dog park, again, looking at the situation where the dog park is currently with the police department struggling to combine and both using that facility, I think it's important that we find somewhere that we can start to move on and make a dog park happen and certainly looking at the options available, the Borup property seemed to be the most obvious. So, I guess I would just say that I would be in favor of approving this, so that it gives us an opportunity to move forward -- take steps in moving forward. de Weerd: Thank you. Peterson: Thank you. Zaremba: Madam Mayor? de Weerd: Yes, Mr. Zaremba. Connie. Zaremba: May I ask you a question? The parks and recreation commission in recommending that the shelter not be included in this plan sites the noise from the shelter and I -- on my own experiences that I have been out to our Public Works facility where our current dog shelter is several times, before I even knew it was there, I never heard any noise out there and I have driven by the current dog park several times and, Meridian City Council November 16, 2010 Page 28 of 48 you know, maybe a few times dogs were laughing at each other, that kind of barking. It didn't bother me, but there isn't even that and I'm just wondering what is your experience around shelters? Peterson: Well, it's -- it's very unfortunate that I was out of town when they did have that meeting, because certainly noise would -- would not be an issue when you're looking at an animal shelter. I'm also on the board of the Idaho Humane Society and that is a facility that accommodates 14,000 animals a year and if you go and stand outside that facility you do not hear barking. So, when you design a shelter -- even our little tiny metal building that we have, barking or the sounds or even the waste that they were referring to, truly is not an issue. So, it is unfortunate that that seemed to be something that was considered as the problem, because certainly sound, smell, waste, none of those are issues and that's very obvious again if you go to a large facility and simply stand outside, you do not experience those issues. So, it's unfortunate that that was the deciding factor in removing the animal shelter from the property. And as far as a dog park as well, too, you know, I spent a lot of time on the soccer fields and the baseball fields and certainly parks that accommodate those types of sports are going to create an abundance of noise much more so than you are with a dog park when you're going to have, you know, simply some dogs running through a park. When you hear the parents on the soccer field you get the idea of, you know, where noise is really generated. So, it is very unfortunate that that decision was made certainly on sound, because that truly would not be a problem and I do understand that the amenities are a ways out to this particular property, which would make building challenging. However, you know, to potentially plan for it in the future or look at other alternatives as we have talked about, I do still feel it's certainly viable to do. Zaremba: Thank you. de Weerd: I guess I would add -- I had the same observation you had, Mr. Zaremba, that I can say when you open the door and go in the building it is very loud. Peterson: That's only because it is a metal building that has a big garage door on it. de Weerd: It wasn't really built for -- Peterson: Yeah. It wasn't designed as a shelter, so it's a metal building that was never designed to be a shelter, but, yet, it is. So, you don't do a -- you don't design a shelter with a great big garage door that -- that's opens up. That's -- you know, it's not at all how they would be contained. de Weerd: No. But the point was it -- outside you're correct, and inside I'm sure it would be designed for that particular use, instead of what we do have, but -- Peterson: Yeah. Just like the -- de Weerd: Noisy parents on the sidelines, so -- Meridian City Council November 16, 2010 Page 29 of 48 Peterson: Oh. Well, so am I, so -- de Weerd: Thank you. Peterson: Thank you. de Weerd: Colynn Halstead signed up in favor. Chris Halstead signed up in favor. Della Burton signed up in favor. Stacy Ford sign up in favor. Tom we have already heard from. Okay. Well, we will let you wrap up at the end. Nancy Fertell signed up in favor. Mike Anderson is neutral. I think his wife already spoke on behalf -- signed up against, but ran out of space. Over -- kind of overdid it, uh? M.Anderson: My name is Mike Anderson. Madam Mayor and Members of the Council, I live at 2000 North McDermott Road. I have -- in three minutes I have a lot of findings, facts, and concrete steps to take. So, here we go. One, there is a need for more off - leash areas in Meridian now. The police department would like to have their K9 training facility back soon. So, please, instruct the parks director to promulgate regulations for off -leash permits per the existing code quickly. The next step would be to temporarily fence existing unused areas into two or three parks similar to the current half acre at the police department within the next few months before nice weather. Five. Next fall evaluate the use of these sites and locations well before the Lion's rodeo horse park two year evaluation is made. Six. The nearest expected user of the Borup dog park is over a mile away. It is boxed in by Canyon county and is 330 feet from the county line. That means people with Nampa addresses will use it as much as the dog lovers of Meridian. Six. Again, six -- 6-A. Large destination dog parks have only been successful in conjunction with other attractions, such as a river front, a forested woodland, or an ocean beach. The irrigation now in place -- is now in place for growing food. A look at demographics and geography of the area, scattered parcels impede development for quite some time. It's difficult to extend the city through five acre parcels that have houses on them. That is not going to happen. As an engineer it takes only a few seconds to calculate that this remote location will increase the consumption of Saudi Arabian gas by tens of thousands of gallons per year. Horses are totally incompatible with strange dogs. By the number. Here we go. Borup is six miles west of the city center population in contract to Meridian community parks concept. Number 10. The 76 neighbors that signed the petition all live closer to the Borup site than any Meridian resident. Eleven. Donna has really done her homework and found that the Borup property park plan does not meet at least five of the parks and rec's comprehensive guidelines for developing a community park. de Weerd: I'm sorry. Your time is up. M.Anderson: B -1-C. Community parks 50 percent of development. B -2-B. Adequate buffers not available. As I say. B -C-2. Possible one and a half miles before -- you can't bike there, you can't walk there. Street frontage at least on two sides, you only got one. You guys are supposed to have three. Borup's two miles from the planned city sewer to Meridian City Council November 16, 2010 Page 30 of 48 the north. Ada County Planning and Zoning and both Meridian desire to minimize urban sprawl. I'd like you to show my picture now, if you would, please. Rountree: Time. de Weerd: Mr. Anderson, I'm sorry, your three minutes -- M.Anderson: You can't see the -- de Weerd: We will see -- we will see your picture. By the end of it we will see your picture. M.Anderson: You will see the picture. All right. de Weerd: Yes. M.Anderson: I have more if you want to talk to me later. de Weerd: Thank you. Council, any questions? Thank you, sir. We will have you try as I call additional folks. We have Irene Wright signed up against. Jon Anson signed up against. Thank you. Anson: Madam Mayor, Members of the Council, thank you very much for letting me speak. My name is Jon Anson. 6220 El Gato Lane, Meridian. I represent JP Arabians. We are a horse breeding, boarding, and training facility about 1,500 to 2,000 feet due south of the horse park. We have -- we have about 16 horses or about eight clients and we -- about four of those are Meridian residents right now, so we are probably what -- where a lot of Meridian residents who can't have horses, we are one of many places in the local area that does -- that keeps the horses for -- for a lot of your -- for a lot of the city residents. In our area, as you probably heard, there are a lot of horses. My best estimate we are -- it's greater than 66 horses on EI Gato Lane, which is one on the St. James Place, which is a very -- all very, very close to -- to the park. I strongly support the existing uses as -- existing uses of this area as a horse park. We all support the concept that there is a need for a horse park in Meridian -- I mean -- I'm sorry. We support a need for a dog park in Meridian, just not a dog park in this location. You have received a lot of innovative ideas from several of the people that -- you know, so you can -- you can support dogs and dog parks in the area, we just request that you don't put it in this area. The -- there is a strong horse -- need for addition to these facilities that you have got set up already for horses and where it's going to go and we hope you will continue with supporting that need with the -- with the Rotary -- with the Lion's Club. As other people have talked and said horses and dogs work together, they don't. They are very -- horses that are unfamiliar with dogs and dogs that are unfamiliar with horses are a very dangerous combination. The best example that I can provide you is a letter that you have in your packet from Barbara McClintock who has already been paralyzed from having a strange dog jump -- go and jump at her horse and that could happen either on or off leash. When that horse is shocked their rider can get thrown and we Meridian City Council November 16, 2010 Page 31 of 48 already have one person in the neighborhood who has been paralyzed from the situation. We really request that you don't mix dogs in a horse park. We believe that all of our -- the clients I have talked to that we have are all in favor of the horse park and would be able to be -- and would be in favor of using that horse park if you -- if it was -- if we were allowed to use it on a regular basis. And we think it's going to have a lot of use by the 66 plus horses that are on -- in our neighborhood and from people that will be hauling in. Please put the -- we support a dog park someplace else and we very much continue to support not putting the dog pound in there because of the noise and -- because of the noise reasons. Please for the safety of your residents and safety of others, please, move the dog park. Don't put the dog park in there and keep the horses. Thank you. de Weerd: Thank you. Caroline Pavlonik is signed up in favor. Okay. Those are the names that are signed up. Is there anyone else who like to provide testimony? Please. Draper: Good evening. Brian Draper. I live at 1996 Christen Way. I'm a member of the dog park task force. Tonight I want to just say that I wanted to back up everything that Shannon put forward to you. Tonight we are also here -- the reason that the group has worn red is in support for our shelter. We know that there is a need for both the shelter and the dog park somewhere in Meridian and we want to get it done somehow, some way. The task force looked at every option we could at the different parks and properties and -- back in February and we came up with the Borup property as the ideal place compared to everything else and that was really the only option that we had. The Borup property would work best for the dog park. It would impact the fewest number of residents I think in Meridian because of the rural area that it is in. The people will drive to it. It's going to be a lot easier to raise funds to build one dog park, instead of trying to build several little satellite parks in existing parks where you're going to have neighbors that are going to be against that also. So, I'd like to say let's move forward, we want to try to start getting the money in. We need the concept plan approved, so we can start the fundraising. Thank you. de Weerd: Thank you. If you will, please, state your name and address. Beehler: Madam Mayor, Members of the Council, Doug Beehler, 556 Knobhill Court, Eagle, Idaho. And I'm representing the Meridian Lions Club. This is the second time I have seen this presentation with the concepts as far as the dog park and the softball fields and the rodeo grounds and the horse park and all of that. My problem that I have with all of it is under the rodeo park concept it says the constraints are financial. When it comes time to develop the park all I hear is the dog park task forces says let's go and let's get this going so the city can develop the rodeo park -- or the dog park. All indications I have ever gotten from the parks department is that it's our responsibility to do all the fundraising and all the development if we do it as a horse park. We have already invested thousand and thousands of dollars in fencing, bucking chutes, bleachers, and arena fences and all of that. So, we have put in thousands and thousands of dollars so far. The city has done some weed control, which we do appreciate. We have done a lot of the weed control ourselves and so my -- my concern Meridian City Council November 16, 2010 Page 32 of 48 is I'm looking at one group saying we need to have this and the city needs to develop it, but yet we are sitting here trying to put on rodeo grounds and -- or put on a rodeo and we have been asked to show that it's a good year around use and we now have a two year evaluation, which we don't have anything official on what that even entails, with -- until August of this year we had not had any opportunity to do anything other than a temporary use permit for a one time a year use. Now that we have a Conditional Use Permit we can now start using the facilities more. So, I'm not sure what our two year time frame is and what our guidelines are or anything like that. And what the fundraising is from the city versus the fundraising from just the Lion's Club or the community itself. I guess I'm just confused on all of those issues. de Weerd: Okay. Council, any questions? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Doug, do you feel that as you develop and now that we have got the Conditional Use Permit that we can use the facility more than just one weekend a year? Beehler: Yes. Believe we can. We have had numerous requests over the years that we have always had to turn down, because of the fact we didn't have a Conditional Use Permit. Now, we have to start all over again going back to contacting those groups and to see how often they would like to use it. I mean it's pretty much a turn key facility as far as the rodeo grounds and the arena itself is concerned. Obviously, sewer and water is an issue for year around use, but, as you know, every year we use the portable concession stands and the portable restrooms and things like that and that takes care of -- and generators to take care of all of our needs for that one weekend. Obviously, if you want to use it more often facilities are going to be necessary. Bird: Follow up, Mayor? And, Doug, would you tell the public what the profits off these rodeos through the Lion's Club go back into the community, what you guys do? Beehler: Yeah. The Lion's Club is a -- is the largest service organization in the world. All the proceeds go back to the community. That's why we don't have a big bank account that says we can develop rodeo grounds and things like that. All the profits each year are fed back either into the Idaho Lion's Foundation or Lion's Club International and -- and the local community as far as buying eye glasses and hearing aids for people that can't afford them and things like that. We do eyesight and hearing checks, things like that. So, everything we do goes back to the community and, technically, we are -- we cannot just start banking our funds, because we -- when we -- our guidelines say when we raise money from the community we have to give it back to the community and that's what we do. Rountree: Madam Mayor? Meridian City Council November 16, 2010 Page 33 of 48 de Weerd: Mr. Rountree. Rountree: Doug, you -- and I have the same questions you have and want to get an answer for those. But do you see the incompatibility of concept -- I believe it's concept A was the only one that actually showed some kind of a rodeo ground -- not specifically your desire, but something that worked out there and an adjacent dog park. Beehler: One of the issues is the -- as Mrs. Anderson explained, the use of the entrance from McDermott, which is a tremendous benefit for us to have the ability to use that entrance to keep the stock trailers and the stock trucks and the heavy equipment coming into the facility away from the general public and if that is developed I see that that entrance goes away and I see a lot more congestion from Cherry Lane because of that. Did that answer your question as to what -- Rountree: That's the only issue you anticipate? Beehler: Yeah. Well, if it's fenced, as my understanding it's six foot chain link fence, then, yeah, I think it would block a lot of our -- our entrance from McDermott, as well as we do have some overflow parking every once in awhile that we need to kind of expand in that area and if that was -- if there was a pipe in that ditch that should -- would sure make that facility a lot more usable, the ditch that separates the property. Rountree: Is it inconceivable to you that at times when the rodeo grounds were not used, if, in fact, that's what occurs out there, that that area could be utilized as a dog park? Beehler: If we weren't using it -- you're talking about the seven acres that they are talking about? Rountree: No. I'm talking about the arena. If there is to be an arena out there, that that space could be utilized as a dog park. Beehler: Well, the arena would be all dirt and my understanding is that dog park wants grass turf area and most of what we have is either gravel -- gravel parking, paved parking, or dirt arena, so I guess I do not see it being compatible, if you're talking about using the arena itself as the dog park. Rountree: Yeah. I have never owned a dog that really cared, but -- Beehler: My horses love -- my horses love grass and my dog doesn't care. Prefers grass, but -- Rountree: Okay. Thank you. Beehler: Thank you. Meridian City Council November 16, 2010 Page 34 of 48 de Weerd: Additional testimony? Yes, sir. Tom, go ahead. I'll get the guy behind you. LeClaire: I'm Tom LeClaire, 1923 Pratt Street in Meridian. I took my badge off. And what I wanted to add some fuel to was the concept of the animal shelter at this location. In the original concept plan it's cited there that, again, a reminder -- and I don't need to remind anybody, but this is a concept plan. How it's -- how anything is funded on this land is not part of what we are deciding tonight. And if that's a final destination for an animal shelter or not, we are not -- we are saying that it makes sense there, but we are not -- it's not -- it's not a predetermined thing, if that's what -- if that's what the Council decides. And so it seems like a good fit to us. At our open house this summer there were about -- there were over 60 people there and I was there and I remember counting just in the hour or so that I was there participating and seeing who was there, there were 25 to 30 of those people had the red Humane Society shirts on and they have been a great resource for our dog park task force and I know this that this is just a crying need that we have tremendous volunteerism associated with our animal shelter and I think it's -- it would be a valuable thing to show some commitments from the city that a new animal shelter is in our plans and it has to compete when it comes time for funding with everything else, like your capital improvement plan is -- process, that -- that it seems to make sense in this location. The noise concerns that my friends on the parks and rec commission raised I think -- I just don't understand them. I have been out to the Humane Society many times. I have a daughter that's a volunteer out there and out in that parking lot I don't hear any dogs. I'd have no idea there were any dogs or any animals inside that building. And this new facility would be built with that concept in mind. And so I think it can be done and I think it would be nice to leave the door open, leave the option open to have an animal shelter at that site. de Weerd: Thank you. Sir. Stom: My name is Jack Stom. I live at 2513 North Maxie Way, Meridian. de Weerd: Thank you. Stom: Several things. One is as far as locating the animal shelter near the dog park, I feel like, personally, the only danger is that I might end up going home with an extra dog. I dump my RV trailer next to the Meridian animal park -- or animal shelter many times throughout the year and I have never noticed any problem with noise. As far as the dog park is concerned, I live very close to Chateau Park. Very nice park, used by a lot of people. It does get noisy with kids, which only brings a smile to my face. I enjoy that. But I also take part in the Meridian animal park and I go over to the Nampa animal park -- dog park. Excuse me. And I don't notice any extra noise. Honestly, I -- as a homeowner, though I don't live in the area where this is proposed, I personally cannot understand what the problem is with one. I have a problem with proposing that we open up off leash at parks, though I'm a dog owner, I love my dogs, they are -- neither one of them are the least bit mean or ornery or anything, but I would be concerned if my dogs were off leash over at Chateau Park when little kids are around. I have one little dog that some of the people that see me at the dog park know she likes to just jump up on Meridian City Council November 16, 2010 Page 35 of 48 people and say hi. You do that to a little kid it can hurt them. At minimum scare them. I personally don't like -- would not like having my dogs off leash at a non -dog park. And I thoroughly enjoy the dog park. We drive to there -- we drive to Nampa once or twice a week, because of the three days a week that this one's closed. We thoroughly enjoy it. Our dogs do. And I'm very much in favor. Thank you. de Weerd: Thank you. Good evening. Rose: Good evening. Madam Mayor and Members of the Council. My name is David Rose and I live at 774 West Cane Street in Meridian. I'm very much in favor of the dog park. It seems like there is three objections that I heard. The first was that there could be another purpose for this, like a community garden. The fact is there is not a ground swell of support from the community for a community garden. There is a ground swell of support for a dog park. The other objection was that dogs and horses don't get along and they are going to fence it, so the dogs and the horses aren't mixing. And the other objection that I heard was that they could open it up to other parks, which I think the dog task force has said that doesn't work, we need a big piece of land and I think, eventually, what -- what really people don't want is they don't want it in their backyard, but the fact of the matter is that Meridian is no longer a rural agricultural city. We are an urban community that is growing westward. We all know that in a few years, as land prices recover, that that area is going to become subdivisions and we also know that we have to plan for future growth and that area provides a huge amount of land that the city owns now that they can put a dog park in and provide for residents, future residents, and who cares if residents of other cities -- I mean we want people to come to Meridian. I'm sure restaurant owners want them, too. So, I just want to speak in favor of the city planning for the future and building this dog park. de Weerd: Thank you. Is there a hand up over there? Oh. That's a thumbs up. Okay. Sorry. I don't have my glasses on, so -- any additional testimony? I don't think I can use yours, Mr. Rountree, but thank you. Okay. Steve, would you like to wrap up this segment and -- Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Before he does I would like to include our police department, since they are where our animal shelter is currently housed and get an opinion on -- I'm certain we know we need a new animal shelter, but do you have an opinion on whether this would be a good location or not? Basterrechea: Well, obviously, our biggest concern is we do want our -- our Bark Park back for our K9 training. We have a K9 school going on right now with the officers from throughout the valley and it's causing a bigger inconvenience for the people that utilize the dog park as it is, because we have had to close it down for the entire week at times to facilitate that training. As far as the shelter, yes, we need a new shelter. I think as far Meridian City Council November 16, 2010 Page 36 of 48 as whether the Borup property is the appropriate property, I think I will leave that up to the task force and the people who have actually done that research and are going to utilize the park. Our biggest concern is that we find a good location, a location that's going to be safe for everybody and that could be monitored. Zaremba: Thank you. de Weerd: That was a nice political answer. Oh, yeah, you're our media spokesperson. Good job. Okay. Mr. Siddoway. Siddoway: Thank you, Madam Mayor. So, we have tried to look at options out here at the site and look at it as a possible site for the dog park. You heard from both sides, those in favor, those against. In terms of what we are looking for -- looking to get from the Council tonight, we would specifically like to know if the Council supports the idea of a dog park on the Borup property. If so, then, the dog park task force can target their fundraising efforts towards that site. Second, we would like to know if the Council supports the animal shelter being considered at this site in the future or whether you accepted the recommendation of the Commission to remove it from the concept. And, then, based on those two main issues, whether you support the build all concept plan guiding our decisions and considerations for this property moving forward. On the specific issue of the rodeo versus ball fields in the concept, given -- we are not expecting a decision tonight on that issue. However, if you feel to give us guidance would certainly accept that, but given that the rodeo just received its Conditional Use Permit for increased use this fall, it seemed premature or unfair to force that decision until they have had a chance to show what kind of fundraising they can do and bring a proposal back to the city. So, with that I would -- we definitely do have a need for ball fields as we discussed in our presentations during budget process this spring, we were maxed out with the growth in our -- in our softball program, but, again, we are not trying to force that decision tonight. We would, however, really like a decision on the dog park and the animal shelter, so that we know whether the dog park task force can move forward with fundraising. And with that I would stand for any questions. de Weerd: Thank you. Mr. Rountree. Rountree: Thank you, Madam Mayor. Steve, I just want it clear in the record -- and you have said it several times in your final comments, that you're desiring some action on the part of the Council, so the dog park committee can move forward with fundraising and I understand what that means, but just for clarification is it -- and I think it somewhat was Mr. Beehler's question, that they have spent a lot of money out there. Is the city going to spend a lot of money on the dog park and my understanding is it's going to be a volunteer effort and fundraising by the dog park task force. Siddoway: Right now there are no funds allocated in the city budget toward the dog park. Any funds that would go towards it would have to be part of a future conversation. It is something that they are trying to fundraise for as a volunteer effort and it's my Meridian City Council November 16, 2010 Page 37 of 48 understanding that the city would not be contributing toward the rodeo grounds, but I would seek any direction that you would have for me on that as well. Rountree: Madam Mayor, another question for Steve. I know the rodeo folks have spent considerable time and money to get the Conditional Use Permit out there and since this is not part of the city it would -- the dog park, if it were to move forward, would have to go through the same process. Has anybody looked at -- and maybe Pete can answer this question -- the applicability of the county ordinances and certainly they would have to go through something similar or would it or would it not be allowed? Because I certainly don't want to move forward on something that's not allowed in the county. Friedman: Madam Mayor, Council, Council Member that at this time. I would be happy to look into it. My facility like that probably would require a conditional u to verify that. That would be easy enough for me to Steve has already done it. Rountree: Has Steve done it? Siddoway: I can answer that. de Weerd: Thank you for raising your hand. Rountree: I didn't want you to have to talk if you -- Rountree, I really can't speak to -- my gut feeling is that a public se in the county, but I would want do tomorrow morning. Unless Siddoway: I appreciate that. We did, actually, hold a pre -application meeting with Ada County Development Services in March of this year as we were getting underway with this effort and they did inform us that the dog park use, if it were developed while still in the county, would be a conditional use and require a master site plan. Rountree: Okay. Thank you. de Weerd: Other questions from Council? And, Council, I guess just to clarify, in front of you are three different concept plans and I think Steve's question about any of this -- because the dog park facility is part of each of those concept plans, the dog park task force can move forward with your nod on any and all of these three, because it would give them something that they can seek fundraising for. So, I guess I would look for your direction to our director and how you desire him to move forward with these. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I will venture an opinion. Certainly the current Bark Park has clearly demonstrated the need for a bigger and better facility and located elsewhere. We look Meridian City Council November 16, 2010 Page 38 of 48 at this piece of property that the city does own and I believe was -- when the city acquired it there was a condition that it be used for recreation, a park of some sort. So, to answer one question, it will be a park of one thing or another. We certainly have a need for a dog park and I still support the need for co -locating the animal shelter. One of the suggestions has been put it somewhere else and I sit and think, well, where else? We don't own any other underutilized property anywhere. There is a 70 acre future park site on the south end of the city, but we have no plan to go there or any facilities there. Yet it -- other than owning it it's not in the budget and I believe we have a lease back arrangement with a farmer who plans to actually provide the city with some income on that property for awhile. So, I would not choose that as an alternative. My feeling is that of the possible solutions, this is the best one. I also agree with the thought that if you split it up into little acres you -- little acre or half acre parks, fundraising is a problem and the opportunity to have a larger portion of a dog park, such as proposed here, opens the opportunity for commercial sponsorships and I have no problem if some commercial companies that have related activities were allowed to put a sign up there and say they were one of the sponsors. That's appropriate to me. And that one enabled the task force to do their fundraising and the animal shelter people as well. So, my first instinct is to say I appreciate the work and thought that's been put into this. I come down on the side of saying I don't see anywhere else to put this, except here, and the need has been highly demonstrated. So, I'm certainly in favor of the dog park. The discussion about what happens with the rest of the property, I'm happy that the rodeo has been using that facility already. I understand that they would like to make long-term plans. That is a piece that in balancing that against whether it should be softball fields, we have a serious need for that as well, but I would like to give the Lion's time to do a development plan for what else would happen there and -- and what raising they could do as well and see how it could be used more thoroughly and before I said no I would certainly want to know what was possible, because that to me is as good a use as ball parks. If they can do it that's fine with me. So, I guess what I'm saying is I would be supportive of concept A. de Weerd: Mr. Hoaglun. Hoaglun: Madam Mayor, just my comments for Steve and staff. Let me address the animal shelter first. There certainly is a need to do something new, that's -- Connie's made that clear and convincingly. Not going to happen anytime soon. But do we locate an animal shelter at that particular location -- and here is my philosophy on how I view that. It is very difficult to acquire open space for parks, large chunks, large parcels, and when the opportunity comes along we do it and as we saw here a few years back, it was very expensive to do and the city did not do a lot of that. We have had an opportunity to pick up another large parcel, because the price was right and we are looking out 20 years, 30 years down the road. Because it's so hard to acquire large parcels of ground, I'm more in favor of having an animal shelter that can go in any other site, as opposed to a large open parcel for parks, just because it is so hard to acquire. It's a little easier to find a two acre parcel in an appropriately zoned area for an animal shelter than it is, you know, 30, 40, 50 acres at a chunk for a park use and so I'm not necessarily opposed to putting the animal shelter there, but I just don't see it as the Meridian City Council November 16, 2010 Page 39 of 48 highest and best use when you're acquiring park property and so that's -- that's how I see that. I prefer it not be part of this Borup property and we can work on an animal shelter down the road in looking at other alternatives and those are options. One of the things that we have to look at, Council -- I have only been on here for a couple of years now, but the time frame of what we look at is much longer than what about right now. What do we need right now. We are demand driven. I mean when our parks and recreation committee -- and I have had the privilege of serving as the liaison this past year and there are things that come up and people want this activity. People want a bigger dog park. There is a need for that. There is a need for that. People want Bocce Ball. And so now the parks department is working on Bocce Ball, where do we find -- how do we put that in, where can we do that, is it compatible, all the processes. So, we do respond to the need that's out there, because our citizens want certain things from their parks and we try to respond to that and I think that's a good thing. And at the same time we have to look at is that something that's going to be -- if we are going to invest a lot of dollars -- in this case it's just bare ground and as has been pointed out, this is going to be a fundraising venture by the dog park folks, where are we going to go with this particular site, what is that site going to look like ten years, 15 years, 20 years down the road? I mean we understand there is plans for a state highway, what does that do to that area, what changes comes about as we try to look to a time when none of us are going to be up here, but there is a future group of people -- are we laying the groundwork well enough for those folks to continue moving forward. So, a park at the edge of the city right now in a rural area may seem -- well, why are you doing that? Well, we had the opportunity to purchase -- get some land that we are going to need in the future, because some day that area will change and does a dog park fit that site right now? It may look a little interesting out there in the middle of nowhere, but down the road that can be right in the middle of a lot of activity where there is a lot of building, where there is a lot of people and it's not going to be a long drive from city center, because the city has filled to capacity when that -- when that thing is fully developed. And there even may be a need for that -- another ten acre site out at the 77 acre parcel, but that's, again, down the road and we cross that bridge when we come to it. So, for the dog park, yes, I see it fitting out there. I can see it working. I can see the fundraising moving forward. Don't know how long it's going to take. I mean we all know what the economy is like, it's difficult, but never underestimate dog owners, that's for sure. So, I see for animal shelter, given my reason and, then, for the dog park I see -- I see that going there. The rodeo grounds, just to address, I think the Lion's Club is doing great work. They need an opportunity to move forward with what they have out there to see what they can develop. Again, we are demand driven. Is there a need for ball parks? Absolutely. But it's not going to happen in the next two years, three years for that park. I mean we are a ways from that and I think that gives the Lion's Club an opportunity to develop and show that, hey, this is something we are committed to long term. Again, when we look out ten years from now, you know, I didn't want to ask Doug or ask Mark, you know, are you guys going to be doing the rodeo ten years from now, because we probably don't know. It may be in terms of fundraising there is something -- a better idea that fits the area at that time, but for the time being it's viable for the Lion's Club, it benefits the community, and we have the ability to provide that space for this period of time and, then, when we or anybody else sitting up here can sit down and look Meridian City Council November 16, 2010 Page 40 of 48 at it, say, okay, what is the demand today and we don't know. So, that one's just going to kind of ride its wave and we will see where that goes down the road and I think that's good and I think we can benefit from that by the Lion's Club using that time and that facility out there. So, I guess that's the three things I wanted to address and that's how I see it I now, so hope that helps. de Weerd: Mr. Bird? Bird: No. de Weerd: You're leaning forward. Thought maybe you might have something to say. Bird: Regarding the property out there, I can go along with concept A, because believe the Lion' Club is certainly deserving of seeing what they can do out there. Hopefully, they can use the facility more than just one weekend, which I'm sure they would. The dog park going out there, the facility I probably feel different than most people. I think as far as the city of Meridian, we need to go to the Idaho Humane Society and say, you know, we spend this much a year on animal control, why don't we budget that and give it to you and let you run it and maybe that facility out there for the Idaho Humane Society or that location isn't the right location. I'm sure they could use something in northwest part of Ada County or the west part of Ada County. I think it solves a problem. They are more adapt at handling stray dogs. I don't think we can find anybody that will handle stray cats hardly, but -- and I think it solves a problem for us. We are not going to find too many Brenda's that's going to take care of animals like is being taken care of now. So, that would be mine. And as far as the concept, concept A, I would -- I would like to see the park -- the dog park come back so that we could maintain that roadway through or that -- through Mr. and Mrs. Anderson's property, if they so desire to, for the rodeo grounds. I'm not sure we need seven acres at this time I'm sure that's probably only knocking it down to five and a half or six acres. That would be my thoughts on it, but as far as the humane shelter, I think we need to -- I think we need to get in discussions with the Idaho Humane Society and see if they won't kind of help take it over and we can spend our yearly budget to them. That would be my thought. de Weerd: Okay. Mr. Rountree. Rountree: A couple comments. Not necessarily pertaining to the concept, but some of the ideas that were brought forward. Off leash ordinances I do not believe is a silver bullet in this instance. Definitely Fuller Park nor Settlers Park are the answer. And, by the way, everybody in the district pays for those, not just the outliers, so all of the city of Meridian residents also have a tax increment in their property tax that supports that entity. Having said that, I believe that we have to honor the commitment we have made and the commitment made by Lion's Club. They have been working a number of years there trying to get some kind of a long-term approach to use the area from the county and they have finally done that. Certainly I trust that they can continue that commitment and make that work. So, I believe that should be something in the concept. With Meridian City Council November 16, 2010 Page 41 of 48 respect to the dog park, I have serious reservations. It's not because of the dogs and it's not because of task force, because I think they are very well intended and their optimism reigns. But we in Meridian have seen that optimism in a number of partnerships that we have entered into, only to have those things fizzle and have the folks that are expecting things to happen see the unintended consequences of the lack of the continued volunteer effort. I believe, however, this group of folks, having demonstrated what they have done at the animal shelter and folks that are associated with the task force, have demonstrated significant commitment to that and to the city. So, I'm going to have to trust what I see there and not necessarily let our past experiences weigh in the decision that I might move forward with. I believe that the concept on both parties, whether it be the Lion's Club and the rodeo and the dog park folks -- and the dog park, we need to set some parameters, depending on how we move forward and we need to see some activity and we need some action. I know that the task force is -- has done some minor fundraising. I have seen that amount and I can tell you right now that doesn't even start to pay for your Conditional Use Permit, let alone the multi hundred thousands of dollars it's going to take to get something out there that meets the vision that you have represented before us. I also would say that even though the concept will be addressed tonight, I don't know quite what that's going to be, but whatever it is is subject to change. We all know here that any park development out there is going to be a long time coming, particularly from the city's perspective and funding. We also all know that there is on the drawing board a four lane divided, high speed, cross -county highway facility right adjacent to this property. All of these things can result in change and having observed this area over the last 40 years, things change rather hurriedly. So, again, we can get into the situation where we have unmet expectations. So, however we move forward and whatever we decide in terms of concept, we need that the parties involved understand that they are not granted a cast - in -concrete guarantee that what they are trying to move forward will happen or happen in the way they envision today. It might be a little bit different in five or six or ten years. With all that rambling I lost the final thought I had, Madam Mayor. Another senior moment. Zaremba: Did you comment on the shelter? Rountree: Oh. Exactly. I think it's premature on the shelter. I know it's an issue. I'm inclined to agree with Mr. Bird that there might be another solution out there within the county. I'm not sure that each individual community in Ada County and, obviously, Canyon county, can't figure out how to get it done. We will need to get our heads together to figure out how we can solve the problem it's not the dogs, it's the irresponsible owners and I don't know how you address that, but we do need to take care of the animals. de Weerd: I guess in response to that, there has been discussion with the Idaho Humane Society and I guess it always comes back to the facility and who runs it, as Councilman Bird pointed out. Certainly Connie with her leadership and the police department have been in discussion, so I guess we can come back and have more in depth conversation about the some of those options that have been talked about. Meridian City Council November 16, 2010 Page 42 of 48 guess it's about time, Connie, that we open that dialogue again. I guess -- yes, Mr. Rountree. Rountree: Do you want a motion, Madam Mayor, or is what we said sufficient for Steve? What would you like? de Weerd: I think he'd like more than what the discussion has been. Rountree: Okay. Siddoway: I would like a motion. I would just -- two quick final points if I might, Mayor. Regarding the animal shelter, we did also talk with the county, just so you know, about that. It's not possible for that to be developed on this site while it remains county property. The setback requirements from property lines would be such that it would not work here. So, even if it were on the table, it's off the table until it's annexed. And the second point I wanted to make is Chairman Steele pointed out to me that -- to mention that on this rodeo concept, if this site did get cut off, it does include this road on the side to provide additional access to that rear area, just as a concept. And, again, as Councilman Rountree suggested, it is a concept, which can change as they are refined. But just wanted to point out that there was another way to access that. So, while we are not asking you, necessarily, to pick between A, B and C, we are proposing that all three would move forward, but all three do show the dog park and so we need some clarification on -- on the dog park and on the animal shelter and, then, under any of those scenarios the rodeo would continue their use of the property under their Conditional Use Permit and we would anticipate a future conversation where we would talk about the permanent decision for the rodeo. Hoaglun: Madam Mayor. Steve, quick question. The motion you're just looking for is related to the dog park; is that correct? Siddoway: Yes. I would like to know if the dog park task force could move forward with fundraising for this site. Hoaglun: Madam Mayor, I'd like to make a motion and, then, I want to see if I capture it correctly here, and that motion is that the dog park be included in all concepts of the Borup property as they are developed today and in the future. de Weerd: That was the motion? Hoaglun: Yes, it was, Madam Mayor. de Weerd: We have a motion. Do I have a second? Zaremba: I will second that. de Weerd: Okay. Discussion? Meridian City Council November 16, 2010 Page 43 of 48 Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Maker of the motion, does that include fundraising, no city money in the development of it? Hoaglun: Madam Mayor. Councilman Bird, it could. That was -- and I assume that it would move forward as planned right now and as discussed tonight that the dog park task force and volunteers would undertake fundraising to raise the funds for that development of the dog park, but I would be happy to include that in the motion if you'd like that. Bird: I wished you would. de Weerd: Mr. Bird, I guess we've -- we've never had that part of a concept plan and I wouldn't ask that of the dog park task force at this point or of the rodeo to make those kind of commitments. I do think that our parks department and our legal department need to work on a proposal to bring back as far as funding goes. What is being requested right now is the piece of the concepts that allow fundraising to commence, because, then, that group has something solid to -- to go out and develop their vision. don't think we have asked that of any group we have made an agreement or a partnership with without having those discussions first. It seems premature. Bird: Madam Mayor, I don't disagree, but I agree with Mr. Rountree, all these partnerships that we have it seems like the partners are the city of Meridian taxpayers. And that's -- that's the way every partnership we have had winds up and that's -- the task force can do it. Maybe we are a little premature to put it in the motion, but, you know -- de Weerd: I guess, Mr. Bird -- Bird: I'm tired of our taxpayers being the partners. Zaremba: Madam Mayor? de Weerd: I would say -- before I recognize Mr. Zaremba -- that these are our taxpayers and our other partnerships have been as well and I think that the City Council recognized that. So, again, that's why I would like to maybe separate this and ask legal and our parks department to sit down with the groups involved and see what they can bring back before you move forward. This, again, is just a concept plan, so -- Mr. Zaremba. Zaremba: I was going to comment, as the seconder of the current motion, the city has owned this property for some time. It is not contiguous to any city limit. It is not Meridian City Council November 16, 2010 Page 44 of 48 currently on our facilities plan to serve it with water or sewer. And while I support the idea that the opportunity is here to place the dog park there, I have not contemplated that the city would be spending any money on this property for maybe another ten years and in support what I believe Councilman Rountree and Councilman Bird are saying, I'm comfortable saying that if this needs to move forward now, the adequate need to do the fundraising and not have it be at a cost to the city until the city is ready and the city wouldn't be ready until there is a pathway to annex it and a way to provide water and sewer. de Weerd: Mr. Zaremba, I will point out it is in your capital improvement plan. So, would agree that if there was an escalated use to it -- unless Council decided otherwise, that would be -- and I think the task force mentioned phasing. So, again, what that all means and what it looks like, I think needs more detail and probably not deciding on the bench right now, but asking that to come back in front of you for more detailed conversation when you know what we are going to be discussing, so -- and it is in your capital improvement plan within the next five years, at least the beginning part of it. So, -- Zaremba: That's true. de Weerd: -- just thought I'd point that out. Hoaglun: Madam Mayor, yeah, it is and I think it's four years from now is when the first one comes about to -- for funds to be used for capital improvement at Borup property, if recall that correct, Steve. Four years? Siddoway: What I recall is it shows 2013 as the year for plans and construction documents and 2014 as the year to begin construction. But, as we all know, even that is contingent on annexations and utilities, things like that. Hoaglun: Madam Mayor. Just -- my motion was to lay the groundwork that any concept plans developed for this property include the dog park. I would be happy to include in that motion that the dog park task force and volunteers are encouraged to begin fundraising to develop the park. I don't think we can require. We can't mandate, we can't -- but the recognition is that's where the money is going to come from. If they want an adequate dog park, they are going to have to start that process and make it happen, because right now we don't have it and I don't see much in the foreseeable future, looking at our finances. So, if you don't mind, let me -- I will withdraw my first motion, with consent of the second, and try -- try another one. Zaremba: Second consents. Hoaglun: Okay. Madam Mayor, shall we try it again? Rountree: You want more discussion before you have another one? Meridian City Council November 16, 2010 Page 45 of 48 de Weerd: You bet. Hoaglun: Sure. Rountree: Okay. If you don't now, you will later. I think we -- we have a long term commitment and relationship with the rodeo and I think that motion just kind of leaves them out in the cold. I think the motion should speak to both of the folks that have an expectation of being able to use that area for what they envision it to be and what, in one instance, it is. So, I would ask the maker of a new motion to consider a parallel with the dog park and the rodeo and that staff and legal and these partners work out some kind of -- it doesn't have to be a binding vehicle, but some kind of expectation that we all can see -- are we looking at a desire to have the rodeo up and running full time, multiple events in two years? Are we looking at having the dog park up and running in 18 months, two years, three years? Because if we don't, then, we are going to be looking at new concepts. Hoaglun: Madam Mayor, my response to that is you're just making this motion a lot harder. Rountree: That's why I did it. Hoaglun: It is -- and I guess, Councilman Rountree, to ask further, are you looking at when we have staff, legal, and the Lion's Club come together -- are we looking at -- and for the dog park people, too, are we looking at a timeline to put some milestones out there to say one year from now we will review fundraising and other efforts, that sort of thing? I can leave it just at a -- develop a timeline -- Rountree: It's nebulous. Hoaglun: -- and let the parties work that out of what that's going to be, I think might be the best thing. Rountree: So they have some goals to accomplish. Hoaglun: Okay. Okay. All right. Are we ready? de Weerd: Mr. Hoaglun. Hoaglun: We will try this again, Madam Mayor. I move that the dog park be included in all concepts of the development of Borup property and that the dog park task force and volunteers be encouraged to begin fundraising to develop a dog park and that staff, legal, and the Lion' Club, along with the dog park task force develop a timeline and milestones to show progress towards meeting our develop goals for that property. Rountree: Did I hear the rodeo -- Meridian City Council November 16, 2010 Page 46 of 48 Hoaglun: Madam Mayor, that motion -- when I said Lion's Club I meant the rodeo. Rountree: Okay. Hoaglun: Lion's Club rodeo, to be specific -- Rountree: Okay. Hoaglun: -- for that motion. Rountree: I'll second that. de Weerd: Any discussion? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I would like to comment that in my mind that does not preclude the animal shelter from still considering that property, even if the plans that the other two make are just to leave bare ground there awhile. When it does come to the point where we are able to annex it and it meets our requirements, instead of the county setbacks, I would still think that's a possible location. So, other than saying going ahead with it, I would want to think that as this concept develops, perhaps we just leave a pad that's not spoken for. It looks like Mr. Nary wishes to comment on that. de Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I -- we are very creative in crafting what your desire is, but I guess one of the things I want to be clear in trying to craft some of these agreements that you're contemplating, you are not -- I think from what you're saying is you're not asking or requiring that the city or either of these groups enter into an agreement that the city is bound to, essentially, block out these parcels for any other possibility. Rountree: Correct. Nary: If, for example, the Lion's Club came back in six months and said we have raised, don't know, X millions of dollars, the city is still free to move forward with that concept or, vice -versa, the dog park task force or the Treasure Valley -- or the Meridian Valley Animal Shelter -- you're trying to leave as many options available for the city, but yet give all of these groups the opportunity to continue to raise funds to use at least the city's ground and commitment to allow that to go forward to be part of this agreement. Am I understanding that's your intent? de Weerd: That's a great summary. Meridian City Council November 16, 2010 Page 47 of 48 Nary: Okay. Rountree: Good job, Bill. Zaremba: Sounds good tome. Nary: Thank you. de Weerd: And we will see how good of a financial person Mr. Beehler is when he brings millions of dollars to the table. I look forward to that, Doug. Zaremba: Well, Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I think the message is go forward and develop more detail and more plans in this direction. We are saying that we are not saying no to these things at the moment. Go forward and bring us more information. de Weerd: Okay. Are we ready for the vote? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Thank you all for being here this evening and for your patience through our discussions and providing testimony. Siddoway: Thank you very much. de Weerd: Thank you. We are at the end of our agenda. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Move we adjourn. Zaremba: Second. de Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. Meridian City Council November 16, 2010 Page 48 of 48 MEETING ADJOURNED AT 9:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TA Y de WEERD DATEAPPROVED 77 i ��U'�1�c ATTR TY:. D Jd E 41 7R r p a 0 TY CLERK Changes to Agenda: Item #7.A: Woodland Springs Subdivision (MFP-10.004) Application(s): ➢ Final plat modification Size of property, existing zoning, and location: This subdivision consists of 4.52 acres and is currently zoned C- N. The subject portion of the site is located on the northwest corner of E. McMillan Road and N. Beethoven Avenue. Summary of Request: Modification to the landscape plan approved with the final plat to allow fro the relocation of 6 trees from the site to ACHD right-of-way within a planter along E. McMillan Road. Typically, the trees are required to be located in a designated landscape buffer, but relocation of the Lemp Canal and attendant irrigation easement necessitates that the trees be located outside of the easement. Staff Recommendation: Approval per the condition in the staff report Written Testimony: Jarom Wagoner, Applicant (ACRD) (in agreement w/staff report) Outstanding Issue(s) for City Council: None Notes: Item #7.6: Paramount Subdivision No. 17 (FP -10.008) Application(s): ➢ Final plat Size of property, existing zoning, and location: This subdivision consists of 7.41 acres and is currently zoned R- 8. The subject portion of the site is located south of Chinden Boulevard and west of Meridian Road. Summary of Request: Approval of 28 single-family building lots. Staff Recommendation: Approval per the conditions in the staff report Written Testimony: Mike Wardle, Applicant (Brighton Corporation) (in agreement w/staff report) Outstanding Issue(s) for City Council: None Notes: Meridian City Council Meeting DATE: November 16, 2010 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of November 3, 2010 City Cou MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 16, 2010 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Acceptance Agreement Display of Artwork in Initial Point Gallery, Meridian City Hall between the City of Meridian and Cherry Woodbury MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 11-1 7 -- ora anal +0�� - e-rrnaIIed `fv C. W0a4b-)n. (�J � 1� dor►-,s � �'� 1�qe. (�, ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement') is made this ,5 day of U0Q , 2010 ("Effective Date'), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Cherry Woodbury, an individual person whose address is 2218 N. 32nd Street, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties') WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal'), for the display of artwork in Initial Point Gallery; WHEREAS, on December 3, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be /00111-1 displayed in Initial Point Gallery; WHEREAS, at its regular meeting on January 19, 2010, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on December 3, 2010, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty-four (24) framed paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on December 3, 2010 at the direction of the Gallery Curator, shall allow the display of such work in Initial Point Gallery from December 3, 2010 to December 30, 2010 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 30, 2010, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT 1NmAL Powr GAW.ERY D1sP1.AY PAGE l of 6 11. COMPENSATION AND SALE OR ARTWORK. A. No compensation. Artist shall display his artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. HLTuva of PERFoII1V m E. Artist shall provide services described in this Agreement in a timely manner, as described herein. r"` Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. W.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INmAL POINT OALU RY DISPLAY PAGE 2 of 6 V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION. WAIVER AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, his servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INMAL POINT GALLERY DISPLAY PAGE 3 of 6 n B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, then, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the fiutherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other not of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGRESAMT INrrm Powr GAuatY D1sPLAY PAGE 4 of 6 VIII. GzNERAL Pttoytstoms. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. ^ E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. L Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AOREEmmT INITIAL PONT GALLERY DISPLAY PAoE 5 of 6 Artist: Cherry Woodbury 2218 N. 32nd Street Boise, ID 83703 (208) 433-9705 idahocherry@yahoo.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. 1 IN WITNE S WHEREOF, the parties hereto have executed this Agreement on the -_-- day of , 2010. ARTIST: A."IN COS C erry Woo ury STATE OF IDAHO ) ss: County of l ) I HEREBY CERTIFY that on this day of • ,,, 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared Cherry Woodbury, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal a day and year in this certificate first above written. ""'••..,� .ON C�lsy ,t%OTAitj, No blic fo Is daho Residing at 7mc-- , Idaho c My Commission Expires: Dez. 7 �� pU B G CITY OF MERIDIAN: ,,•�•�.'9TE oR 10��r Attest: 46 eerd, Mayor Jaycee Dolman, City Clerk ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY M �OKP0I�4TFO ��' EAL 10 �.. Cbu PAGE 6 of 6 Exhibit A Meridian 1 Commission Call for Artists: 2010 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2010 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Halt (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space -60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery, ELIGIBILITY: The 2010 Initial Point Gallery Series is to be comprised of professional -quality, ready -to -hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper must be under glass or acrylic. No piece wilt be displayed which: cannot be safety hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Please note that applicants whose proposals are accepted for exhibition may re -apply every other year. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2010 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. Completed, signed Application & Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, please ensure that each image is of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiandty.org or by e-mail request to macOmeridtancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, November 20, 2009. SELECTION PROCESS: The selection of art for the 2010 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hatt. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. r, CONTACT MAC: By mail: Meridian Arts Commission Attn: 2010 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By e-mail: macomeridiancity.org Exhibit B MeridianCommission Application Er Acknowledgments: 2010 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: IX I am submitting this form as an individual artist. 01 am submitting this form on behalf of an organization. Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: Day: Evening: S Cell: APPLICATION OVERV Check one: /we propose to fill one half of Initial Point Gallery with artwork. CA'" 71/we s�IS LAY �� fikgtt propose to fill the entire Initial Point Gallery with artwork. % (_? AY Number of pieces: c��3 S Average size of pieces: i g! X A i f PLICATION MATERIALS: Completed, signed Application R Acknowledgements Form Biography of artist or informational statement regarding organization, no longer than one 8% x t 1 " page; A letter of intent, describing: • Artist/Organization's vision for and/or theme of the proposed display; • Number, dimensions, prices, and medium or media utilized in the works to be displayed; • Any publicity that the Artist/Organization plans to undertake N selected; and/or • Any atypical issues or challenges regarding hanging or display of the works proposed for display. Up to five digital images representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 501, in . jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.titte. jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. Wires or eyehooks may r=t be used for hanging, and dip frames are not allowed. The D -rings should be apprmdmatety a quarter of the distance of the total frame height from the top fo the frame, in order to avoid slanting away from the wall. .(1500) %-ks APPUCAMON AND AGWowLEDGEA MS - 2010 INITIAL POINt GALLERY SERIES PAGE 1 of 1 November 1, 2009 Meridian Arts Commission Initial Point Gallery 33 East Broadway Meridian, ID 83642 Letter Of Intent I would like to be considered for the program offered by the Initial Point Gallery Series. I feel this is a wonderful opportunity being presented by the Meridian Arts Commission and shows their support for local artists. I have included my artist bio for your review and a CD with the requested 5 digital Images of examples of my art work. My medium is entirely watercolor. The theme that I would propose Would be entitled Realism In Watercolor". My style Is detailed and the majority of my subject matter comes from photographs. I have enough art work to either fill the gallery myself or fill one half and share with another artdst There would be 25 — 35 pieces of art work ranging primarily r� in the unframed size of 18 x 24, but would include some 16, x 20 and a few full sheet pieces at 26 x 40. All pieces are professional done and ready for hanging, so there would be no issues. Since I have been involved in publicity for many events, I would use my contacts at the newspapers and special editions such as the Scene, Boise Weekly, etc to publicize the date and duration of my exhibit. I would appreciate the opportunity of being selected as an artist in the 2010 series and feel I could bring quality art to the program. Thank you for your consideration and review of the material I have enclosed. Sincerely, &,V,4 -r V" erb "J'Jir Ch VNoodb wily. Uly 2218 N. 32n4 Street Boise, ID 83703 Phone 433-9705 CHERRY WOODBURY -ARTIST Personal growth and being open to leaming new things has been a way of life for me. Perhaps this came from being raised in the military, which gave me a diverse background from living all over the world. I am also an outdoor enthusiast and have often looked at a beautiful setting and thought how wonderful it would be to capture it in art. A few years ago I had the opportunity to take watercolor painting classes. This has been a learning experience and a way that I can attempt to show the beauty I see in life. Although I have only been painting for a few years, I have been fortunate to win several awards. These awards included "Best Of Show" in the Nampa Art Guild ,..N juried show, 9 at place in the juried Idaho Watercolor Society Capitol show, selected by a national artist for the Idaho Traveling Art Show, won the "Juror's Choice Award", being juried into numerous shows by nationally known artists, many award ribbons at the Idaho State Fair and being invited by Ducks Unlimited to enter their annual competition. Because of my love for the outdoors, I find animals intriguing and wonderful subjects. I have been able to see and photograph red fox, elk, deer, geese, a wide variety of waterfowl and birds and more. There Is such beauty in flowers, so they make an excellent subject to paint. I mainly focus on a close up view of the flower looking for interesting shapes and patterns. I have had the opportunity to travel the world and have found that I enjoy painting the faces of those I have met in these far away places. I am still attempting to define my style, and I find I tend to be more detailed than fluid. However, my goal is to be able to do both styles. I have found watercolor painting has opened my eyes to the way I look at even a sunset or a tree dressed in fall colors. A sky of blue with a golden sunset and streaks of gold flowing into the blue Is truly unique. Any mixture of gold and the blue would normally create green and yet with all the unlimited variations of daily skies, the colors remain true. This is only one challenge for a watercolor artist and why the creation of an acceptable piece of art can be self -rewarding. Exhibit C Gio ACKNOWLEDGMENTS: I, v hereby acknowledge the following stipulations and agree that if my/my organizati art work is se for display at initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: W A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. 00 B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will 'NIW exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. k1t, C. Any insurance of the art work displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork R i� displayed in Initial Point Gallery. D. While art work displayed in Initial Point Gallery may be passively offered for sale by means of an WIM Informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Art work submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hail is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Cal( for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these genera( term and conditions. Signature: Print name: �� £ 2 fi b 17 8 U 11-/Y Zti/ Date: 11—TT AM To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mai(, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! APPUCATION AND AQ(NMMGEMENTS - 2010 INITIAL POINT GALLERY SERIES PAGE 2 of 2 Meridian City Council Meeting DATE: November 16, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Temporary License Agreement Between Ada County Highway District and the City of Meridian for Fothergill Pathway Extension Project MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS I oy-1q V\A\ SP—n4` `}p lam( lGL{1q 1 Property Management No. 0631 - 2335- 1110 Street: E. Blue Heron Lane, Meridian T 3N, R1 E, Sec.06 TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT (the ,"A reement") is made and entered into this / " � day of 1pV 4f1L-j 20 ,'Fey and between the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, ("ACHD") and CITY OF MERIDIAN, an Idaho Municipal Corporation (collectively "Licensee"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 ACHD owns and has exclusive jurisdiction over the public right-of-way located in Ada County, Idaho, more particularly described and/or depicted on Exhibit "A" attached hereto (the "Right -of -Way"). 1.2 Licensees desire a license to use the Right -of -Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensees. SECTION 2. LICENSE: LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensees a license on, over, across and under the Right -of -Way for the following uses and purposes ("Authorized Use") and no others: Licensee is to construct, install and maintain a approximate 185'X10' asphalt pathway on E. Blue Heron Lane, as depicted on Exhibit "A' . Licensee to contact Digline Inc., prior to start of construction. Licensee to contact Construction Services at 387-6280 to verify if a construction permit is required. 2.2 This Agreement does not extend to Licensees the right to use the Right - of -Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right -of -Way has been opened as a public Highway (as used in the Agreement the TEMPORARY LICENSE AGREEMENT - Page 1 (3/29/06) term "Highway" is as defined in Idaho Code § 40-109(5)) Licensees' Authorized Use is subject to the rights of the public to use the Right -of -Way for Highway purposes. Licensees' Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right -of -Way and statutory rights of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance, of the Licensees' improvements currently located in the Right - of -Way or the installation or construction of improvements by Licensees in the Right -of - Way as permitted by the Authorized Use, (the "Improvements"), shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensees. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEES. Licensees acknowledge and agree that the license granted herein is temporary, non -transferable, and merely a permissive use of the Right -of -Way pursuant to this Agreement Licensees further acknowledge and agree that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensees have realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Improvements, and Licensees hereby waive and estop themselves from asserting any claim that the license is in any way irrevocable because Licensees have expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensees to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement will commence on the 11_7�f' day of , 2010, and will continue until terminated by either party, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given the other party. 5.2 If Licensees default in the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate this Agreement and the rights extended to Licensees hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensees, which notice shall specify such default(s). Licensees shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACRD, this Agreement shall not be terminated but shall continue in full force and effect. TEMPORARY LICENSE AGREEMENT - Page 2 (3/29/06) SECTION 6. FEE. There is no fee for the Licensees' Authorized Use of the Right -of - Way under this Agreement. SECTION 7. MAINTENANCE; FAILURE TO MAINTAIN; RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensees shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensees shall have access over, across and under the Right -of -Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right -of -Way is damaged as a result of: (i) the performance by Licensees of the maintenance required by section 6. 1, or the failure or neglect to perform such maintenance; and/or (ii) Licensees' design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensees shall forthwith correct such deficiency and restore the Highway and the surface of the Right -of -Way to the same condition it was in prior thereto, and if Licensees shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensees agree to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensees' use of this license which threatens the stability or function of the Highway on or adjacent to the Right -of -Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of, and at the cost of Licensees necessary emergency repairs. 7.4 Licensees will be responsible for the relocation of any existing utilities located on the Right -of -Way as may be required in connection with any construction or installation of Improvements by Licensees in the Right -of -Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right -of -Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensees hereby accept responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensees according to designs, plans and specifications approved in TEMPORARY LICENSE AGREEMENT - Page 3 (3/29/06) advance by ACHD in writing; provided Licensees may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensees adequate written notice as necessary to allow Licensees to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensees such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensees to obtain a permit under ACHD policies, Licensees shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, and pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEES. Licensees shall have no right, title or interest in or to the Right -of -Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACRD. Any and all costs and expenses associated with Licensees' Authorized Use of the Right -of -Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensees. SECTION 12. TAXES AND ASSESSMENTS. Licensees agree to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensees will promptly remove all Improvements and restore the Right -of - Way to at least its present condition. Should Licensees fail or neglect to promptly remove the Improvements and restore the Right -of -Way, ACHD may do so, and assess Licensees for the costs thereof. Provided, ACHD and Licensees may agree in writing that some or all of such Improvements are to remain on the Right -of -Way following termination, and by entering into such an agreement Licensees thereby disclaim all right, title and interest in and to the same, and hereby grants such Improvements to ACRD, at no cost. Further provided, if the Authorized Use of the Right -of -Way under this Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensees need not remove the same from the Right -of -Way. SECTION 14. INDEMNIFICATION. Licensees hereby indemnify and hold ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensees, TEMPORARY LICENSE AGREEMENT - Page 4 (3/29/06) Licensees' employees, contractors and agents, to properly and reasonably make Authorized Use of the Right -of -Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right -of -Way by Licensees, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensees hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement Licensees' obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW: WASTE AND NUISANCES PROHIBITED. In connection with Licensees' use of the Right -of -Way, throughout the term of this Agreement Licensees covenant and agree to: (i) comply and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste or allow any nuisance on the Right -of -Way. Licensees covenant and agree to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensees cannot sell, assign or otherwise transfer this Agreement, the license herein extended, or any of its rights hereunder except with the prior written consent of ACHD, which consent will not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensees herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. TEMPORARY LICENSE AGREEMENT - Page 5 (3/29/06) If to ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensees: City of Meridian C/O City Clerk 33 E. Broadway Meridian, Idaho 83642 888-4433 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACHD under section 16, Licensees assigns. SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. NO RECORDATION. This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho. SECTION 22. Warranty of Authority to Execute. 22.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 If Licensees are not a natural person, the person executing the Agreement on behalf of Licensees represent and warrant due authorization to do so on behalf of Licensees, and that upon execution of this Agreement on behalf of Licensees, the same is binding upon, and shall inure to the benefit, of Licensees. TEMPORARY LICENSE AGREEMENT - Page 6 (3/29/06) IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. ADA COUNTY HIGHWAY DISTRICT By: on B. Romo Its: Right of Way Supervisor LICENSEE: CITY OF MERIDIAN By: Tam De Weerd Its: M or EXHIBITS Exhibit A - Description and Depiction of Right -of -Way TEMPORARY LICENSE AGREEMENT - Page 7 (3/29/06) R lu Av"d AUMV ° P*uWedoo 9�d �uIP�J V,.5 ArmedAl8*410d Ile1anp of l 0f � Y s Still w w . w• . . • N tl O ! � w,ofvp•rarml�i Vie` t 1 1 1 1,1 i i A t -�.- _-��----------- --�-• j Meridian City Council Meeting DATE: November 16, 2010 ITEM NUMBER: 5D & E PROJECT NUMBER: AZ 10-002 ITEM TITLE: Findings for Approval Bartletta Subdivision Findings of Fact, Conclusions of Law for Approval: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District MEETING NOTES -ADv- 1() - r -, r-, `1 % ,r-\ A -7 10 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 16, 2010 ITEM NUMBER: PROJECT NUMBER: TE 10-025 ITEM TITLE: Final Order for Approval Normandy Subdivisior Final Order for Approval: TE 10-025 Normandy Subdivision by James Patterson Located at 4145 S. Locust Grove Road Request: Two (2) year Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES & �y CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0rIq(yloO {PYoleC - IgIC- - -nlal C' -mai If 9�q Meridian City Council Meeting DATE: November 16, 2010 ITEM NUMBER: 5G PROJECT NUMBER: TE 10-026 ITEM TITLE: Final Order for Approval Blackstone No. 2 Final Order for Approval: TE 10-026 Blackstone No. 2 by Landmark Engineering and Planning, Inc. Located at 4700 W. Aspen Creek Street Request: Approval of a 24 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS c�r��tna1 1v, pYv�ecEle mCA�l-ed ir-.,) Meridian City Council Meeting DATE: November 16, 2010 ITEM NUMBER: 7A ' PROJECT NUMBER: MFP 10-004 ITEM TITLE: Woodland Springs Subdivision MFP 10-004 Woodland Springs Subdivision by Ada County Highway District (ACHD) Located off of the Northeast Corner of E. McMillan Road and N. Locust Grove Road on the North Side of McMillan Road Request: Modification to the Approved Final Plat to Allow for the Removal and Re -Planting of 6 Trees from the Site to ACHD Right -of -Way within a Planter Along E. McMillan Road MEETING CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 16, 2010 ITEM NUMBER: 7B PROJECT NUMBER: FP 10-008 ITEM TITLE: Paramount Subdivision No. 17 FP 10-008 Paramount Subdivision No. 17 by Brighton Corporation Located South of Chinden Boulevard and West of Meridian Road Request: Final Plat Approval for 28 Single -Family Building Lots on 7.41 Acres in an R-8 Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 16, 2010 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Youth Advisory Council (MYAC) Update MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 16, 2010 ITEM TITLE: Mayor's Office ITEM NUMBER: 8B PROJECT NUMBER: Resolution No: 755 A Resolution of the Mayor and the City Council of ity of Meridian, Appointing Ashley Brown to Historical Preservation Commission MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I C) - 55 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING ASHLEY BROWN TO THE HISTORICAL PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 1 establishes the Historical Preservation Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to historical preservation within the City, and to that end Meridian City Code § 2-1-3(B) states that a youth member may be appointed to the Historical Preservation Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Ashley Brown to the Historical Preservation Commission to be in the best interest of the Historical Preservation Commission and the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-1-3(B), Ashley Brown is hereby appointed to the Historical Preservation Commission, for a term to expire on August 31, 2011. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 1 (9 day of November, 2010. 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this day of November, y MJ APPROVED: y de Weerd ATTEST: By: �.�JAcee Holman,City Clerk CO ASHLEY BROWN -YOUTH COMMISSIONER APPOVN_k fifS Q18CAL PRESERVATION COMMISSION PAGE 1 OF I Meridian City Council Meeting DATE: November 16, 2010 ITEM NUMBER: S-ff� PROJECT NUMBER: ITEM TITLE: Parks Department Public Works Department: Rescind the Previous Approval of the License Agreement with Nampa Meridian Irrigation District (NMID) to Cross the Kennedy Lateral from the November 9th, 2010 City Council Meeting; AND to Approve the License Agreement with NMID to Cross the Five Mile and Nine Mile Drains as Part of the Ten Mile Rd - Cherry Ln to Ustick Rd Project MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C E IDIANt-6,--, Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: 11/15/2010 SUBJECT: RESCIND THE PREVIOUS APPROVAL OF THE LICENSE Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT TO CROSS THE KENNEDY LATERAL WITH A TRUNK SEWER LINE FOR THE VICTORY ROAD SEWER CONNECTOR PROJECT ACTED ON AT THE NOVEMBER 9TH CITY COUNCIL MEETING AND; APPROVE THE LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT TO CROSS THE FIVE MILE AND NINE MILE DRAINS WITH A RECLAIMED WATER LINE TO BE INSTALLED AS PART OF THE TEN MILE ROAD — CHERRY LANE TO USTICK ROAD PROJECT. I. RECOMMENDED ACTION A. Move to: Rescind the previous approval of the License Agreement with Nampa & Meridian Irrigation District to Cross the Kennedy Lateral with a Trunk Sewer Line for the Victory Road Sewer Connector Project, acted on at the November 9t" City Council meeting and; 2. Approve the License Agreement with Nampa & Meridian Irrigation District to allow installation of a Reuse Waterline in Ten Mile Road that crosses the Five Mile and Nine Mile Drains. The reuse line will be installed in conjunction with the Ten Mile Road Reuse Project from Cherry Lane to Ustick Road. 3. Authorize the Mayor's signature to be allowed to remain on the previously signed Ten Mile agreement. Page I of 3 II. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician 489-0364 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back rg ound 1. The wrong agreement title was inadvertently placed on the memo for the Agenda for the City Council to act on on the November 9`h, 2010 Council Meeting. The memo was for the License Agreement for the Victory Road Sewer Trunkline and the actual License Agreement was for the above mentioned Ten Mile Reuse Project. 2. Any time our facilities cross an irrigation district canal, we must have permission from the appropriate district to install them prior to construction. This License Agreement complies with that requirement. IV. IMPACT A. Strategic Impact: 1. There is no Strategic Impact from this action. B. Service/Delivery Impact: 1. Without approval of this License Agreement the installation of the abovementioned utility line cannot take place. The Ten Mile Interchange would therefore not be fed with Reclaimed Water at this time. C. Fiscal impact: 1. There is no Fiscal Impact from this action. V. ALTERNATIVES A. Not Applicable VI. TIME CONSTRAINTS A. Not Applicable Page 2 of 3 VII. LIST OF ATTACHMENTS A. Nampa & Meridian Irrigation District License Agreement Approved for Council Agenda: Warren Stew, Engineering Manager D to Page 3 of 3 ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 14 BOISE IDAHO 01112/11 08:10 AM DEPUTY Bonnie Oberbillig III I'll'III'I'I�'III�'I'IIII'I'lll III RECORDED—REQUEST OF 111003660 Nampa Meridian Irrigation Dist LICENSE AGREEMENT X11 This LICENSE AGREEMENT, is made and entered into this1�_ day of20! by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an dtrio�Or-izedirrigation and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 hereinafter referred to as the "Licensee", WITNESSETH: WHEREAS, the District owns the drainage ditch(es) or drain(s) known as the NINE MILE DRAIN and FiVE MILE DRAIN, (hereinafter sometimes collectively referred to as "ditch or chain"), an integral part of the irrigation and drainage works and system of the District, together with the easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the ditch or drain, and to access the d itch or drain for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the ditch or drain for the benefit of District landowners; and, WHEREAS, the Licensee is the owner of of real property that is servient to the District's ditch or drain and easement, and is particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the ditch or drain crosses and intersects the real property described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made apart hereof; and. WHEREAS, the Licensee desires a license to cross, encroach upon or modify said ditch (V drain and/or the District's easement under the terms and conditions of this License Agreement; NOW, THEREFORE, for and in consideration of the premises and ofthe covenants, agreements and conditions hereinafter set forth, the parties agree as follows: I.iCENSE AGREEMENT - A. Acknowledgment of the District's Easement. 1. Licensee acknowledges that the District's easement for the NINE MiLE DRAIN includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the ditch or drain, and to access the ditch or drain for said purposes, and is a minimum of 100 feet, 50 feet on either side of the centerline of the ditch or drain. 2. Licensee acknowledges that the District's easement for the FiVE MiLE DRAiN includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the ditch or drain, and to access the ditch or drain for said purposes, and is a minimum of 100 feet, 50 feet on either side of the centerline of the ditch or drain. B. Scope of License 1. The Licensee shall have the right to modify the ditch or drain or encroach upon the District's easement along the ditch or drain in the manner described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the ditch or drain and/or the District's easement shall be performed and maintained in accordance with the Special Conditions stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross, encroach upon or modify the ditch or drain and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or modification of the ditch or drain and/or the District's easement for the purposes and in the manner described herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the ditch or drain except as referred to in this License Agreement without the prior written consent of the District. 4. The Licensee recognizes and acknowledges that the license granted this License Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this License Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair Licensee agrees that the wort: performed and the materials used in any construction perm fitted LICENSE AGREEMENT - 2 by this License Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such wort: and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this License Agreement means any object or thing installed by the Licensee on, over or in the vicinity of the District's easement) shat l be constructed, instal IecL operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 3. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the ditch or drain or the District's delivery of irrigation water; C. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the ditch or drain; f. any other damage to the District's easement and irrigation or drainage works. 4. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easementand irrigation workswhich maybe caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. Tile Licensee shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the d itch or drain, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easement and irrigation works. The District shall give reasonable notice to the Licensee, and shall allow the Licensee a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The District reserves the right to perform any and all wort: wh ich the Licensee fai Is or refuses to perform within a reasonable period of time after demand by the District. "file Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any land by the Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and the Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any wort: which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arisino. solely out of the negligence or fault of the District. D. District's Rights Are Paramount The Licensee understands and agrees that the ditch or drain is a manmade channel that was LICENSE AGREEMENT - 3 constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation water to lands within the District or draining lands within the District. As such, Licensee further acknowledges and agrees that the ditch or drain does not constitute a natural or navigable watercourse or stream. 2. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this License Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this contract shal I be at all times construed according to such principles. 3. Nothing herein contained shall be construed to impair the ditch or drain or the District's easement, and all construction and use of the District's easement by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or drain for the transmission and delivery of irrigation water or transmission of drainage water. 4. The Licensee agrees that the District shall not be liable for any damages vviiich shall occ►n- to any facility in the reasonable exercise of the rights of the District in the course of performancc of maintenance or repair of the ditch or drain. The Licensee further agrees to suspend its use of the said easement areas when the use of the easement areas is required by the District for maintenance or repair under this or any other paragraph of this License Agreement. 5. In the event of the failure, refusal or neglect of the Licensee to comply with al I of the terms and conditions of this License Agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch. and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or drain by the District with its equipment for the maintenance of the ditch or drain shall be promptly removed by the Licensee upon demand of the District. E. Applicable Law and jurisdiction Unaffected. 1. Neither the terms of this License Agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of any rights or performance of any obligations of this License Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement.. or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its drains, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this License Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this License Agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this License Agreement. LICENSE AGREEMENT - 4 F. Indemnification I. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this License Agreement. G. Fees and Costs I . The Licensee agrees to pay attorney fees and engineering Cees charged by the attorney for the District or by the engineers for the District in connection with the negotiation and preparation of this License Agreement. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this License Agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous i. No Claims Created. Nothing in this License Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against the District. 2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this License Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. AmendmentandModification. AnyamendmentormodificationofthisLicenseAgreement must be in writing and signed by all parties to be enforceable. 4. Interpreted. This License Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this License Agreement is determined by a Court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this License Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this License Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this License Agreement, and are not intended to be aids in interpretation of any provision of this License Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the License Agreement. 5. Bindin-Effect. The covenants, conditions and agreements herein contained shalIconstitLite covenants to run with, and running with, the easement of the Licensee within the real property described in LICENSE AGREEMENT - 5 Exhibit A, and shall be binding on each of the parties hereto and on all parties and al I persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this License Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 East Greenhurst 33 E. Idaho Nampa, ID 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This License Agreement may be executed and delivered in counterparts. each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. r NAMPA & MERIDIAN IRRIGATION DISTRICT 4BY LA . . Itt President ATTEST: its Secretary CiTY OF MERIDIAN ATTEST: OV MEIQ/t 0�' �E-Am L _ 10M LICENSE AGREEMENT���� ����/Ow ntt%\ STATE OF IDAHO ) ss: County of Canyon ) ae u On this -�— day of_ 26". before me, the undersigned, a Notary Public in t and for said State, personally appeare Mo�fe 5_a`1idbaren Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. and 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. the day certificate first above written. • County of _ ) M .(04& otary Public for Idaho Residing atCr,.QAti,.,o Idaho My Commission Expires: 3L 12 On this day of Nnvernbc.v , 2010, before me, the i ndersianed, a notary I �inna. public in and for said state, personally appeared-Fom�� _ nown to n►e to be the r-1�yor A_ C�-Ft(C��r1L of �2C A&y:�� the entity that executed the foregoing instrument, and acknowleclged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. LICENSE AGREEMENT - 7 Not y Public forUh Residing at 16 n My Commission Expires:_,_��1 w LICENSE AGREEMENT - 7 Not y Public forUh Residing at 16 n My Commission Expires:_,_��1 EXHIBIT A Legal Description A right-of-way for a 16" Class A Reuse Main, located on Ten Mile Road between Ustick Road and Cherry Lane, in the NE /4 of Section 3, Township 3 North, Range 1 West, B.M., and in the SE 1 /4, Section 34, Township 4 North, Range 1 West, B.M., Meridian, Ada County, Idaho. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: construct and install a 16" Class A Reuse Main under and across the Nine Mile Drain and the Five Mile Drain and the within the District's easement, all within Licensee's right-of-way where Ten Mile Road intersects the Nine Mile Drain and the Five Nlile Drain in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-1 attached hereto and by this reference incorporated herein. b. Licensee shall notify the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. Licensee represents that Licensee has complied with all federal, state or other laws, rules,. regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance ofthis agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting fi-om the discharge or other activity by Licensee which is the subject of this agreement. d. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity. public or private, with respect to environmental matters relating to the subject matter, terms or performance ofthis agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim , action or requirement. e. In the eventthe District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all LICENSE AGREEMENT - 8 costs and liabilities associated with such permit and other requirements, including but not Iimited to a I I costs associated with all permit acquisition, construction, monitoring, treatment, administrative, tiling and other requirements. f. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or imp) ied, to regulate control, or prop ibit the discharge or contribution of poi lutants or contain inants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. Construction shall be completed within one year of the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - 9 Nine Mile Drain in NEI/4, A Exhibit 8, page 1 m Five Mile M, in SE114, S1341 Exhibit B, page 2 -;c 5 7 i 130 m 117 T8 o'� 0 z BLACK CAT RD (J) 0 F;u TEN MILE RD n RD oI 0 z m 0 < Z X L z m 0 z cu X CD 0 z 0 < L m0 LINDER RD 0 > (A 0 2: 0 m c 5 t2 o m z �pnc a�) n n m � Z X > z -D-AT 'o CIVIL SURVEY CONSULTANTS, INC. CITY OF MERlDt^N g CONSULTING ENGINEERS AND LAND SURVEYORS I TEN MILE ROAD CLASS A REUSE MAIN Exhibit D-1, page 1 Exhibit D-1, page 2 IAN I I 1 + II I I „ n — § I I I m m nen I � - xm I I ' aa.0a5 IU Rr •35.3..0 I I I. 5 ; I .-.. .. i sa.9ose 1 Rr I d ea e9a BEG-, 37* � I IT I -. � ' • 8 II M21 a M $ i L ., �n rsw.zms.a Y• I ea•SO.ea 37' IT t 8€ rpm s a 4 R I Am g I p rJ 2 n\ z � _ _ o o -VAiCN s 1I'1 �' I E%ia11NG ii =9 lJ I ____ __a_�"�.•E_._- B a —' ,.00.00 ri.z V i _ '€� �' • ^��g I 8 . a a _ n N. _ - a>R i N�� w m a i ' X M0E eR. Sw-3555 ,' a e m •II =❑ Y 7 o e7 5 z ? ? L B )19 I m 6 q SYC[1aRW1 CW r 1 I 9 II I y{ l e SW -3555.5. i'n4p L7 -E -._ ,..,..,, _ (:EEE :.�., :., 0000 � OOOU�OUc� Z °.C3 X22 A ^os $ Is P -^tam - a O mN oma ,', .�`, $q- E E m R to Bos g ah2AZ na%, i - _ Sc^�=s RAW: 7 5 E$ d u,�ogsi L .: _ m ^�+'�'n� 90^F�•z� Ia Iti - yEYSi€Q`� en�M m N Jo a, i S � �I^ CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. CONSULTING ENGINEERS AND LAND SURVEYORS RMSgHS rt 117602 g�� MILE ROAD � — �.ia iaoa C.Sf r[R1e0 R 51aECR _ CLASS A REUSE MAIN Exhibit D-1, page 2 Exhibit D-1, page 3 I S 4 - I ' I g r14 I S" -----'Cps; 12 z�a I a i��-€ to m z�m v o I s 5 :4 w • Sga^sJicoS 9 a-1 05Ra�9 _^ gs,4H all?x '?;M! " _Q a $a m a .T a "` - A m e o x ^ r� €a ❑ s i 8 M _ u � E �A F� ! gym^ 3 E n` I E ggj_ ^I to - 0 F 1.;� Cly OF MERIDIAN CIVIL SURVEY CONSUL'CANTS, INC. CONSULTING ENGINEERS AND LAND SURVEYORS Loo aq[N3Ua[ =,a�q [mws � 11624 • TEN MILE ROAD — � _— o'�! CLASS A REUSE MAIN — uLM�g611, IOaND Ed6.2 pC•'�F Exhibit D-1, page 3 A 0 0A, I" " 3 "N CHARTERED LAWYERS Laura E. Burri Adam S. Christenson Jeffrey R- Christenson David P. Claiborne S. Bryce Farris Jon C. Gould p David Hammerquist January 18, 2011 Charles P KaufmaHonsnger ** Jennifer Reid Mahoney James G. Reid * Daniel V. Steenson Corey Peacock, P.E. Civil Survev Consultants. Inc. 1400 E. Watertower Street Meridian, Idaho 83642 Re: License Agreement with Nampa & Meridian Irrigation District Dear Corey: Enclosed is a copy of the recorded License Agreement dated January 4, 2011, between the City of Meridian and Nampa & Meridian Irrigation District. Yours very truly, S. Bryce Farris SBF:kw Enclosure cc: Jacy Jones 455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657 * aLso licensed in OR w. wwr i n g e r t l a w.cotn ** also licensed in CO Meridian City Council Meeting 1--6-P DATE- November 16, 2010 ITEM TITLE: Parks Department ITEM NUMBER: PROJECT NUMBER: 3orup Property Park Concepts Plan Presentation, Discussion, and Public Comment MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS O a � N CD O CD O -' m CD X U) CDr -f - CD �o (n 0 M (n ■ r -q- 0 0 wh CD 0 �o CD ll< U) U) CD 0 O "No= N CD CD (0 0 m- m o 0 o o CL 0 r -. n - ( n "MI OL) 0 CD :3 0 0 (n r -q - 0 r -f- (n �l CL =3 ■ CO 0 :3 M (n ■ r -q- 0 0 wh CD 0 �o CD ll< C� D p o � CD �l (n 0 0 0 -� 0 - C: o (n— D CD V 3 W CD m CDV � c 3 _■ C 0 c I CD CD r r r 0 o O C � � (DD C7 v 'I* m o o _� O= m° m° O � ° _ ° o � � 3 a mvvvmv-►,oma' X- � N vm -- o FD' -�; Q� -� m < O , o -. c� F m Z- �, - v ,� m r-► cn U m m O Q c m O 0- v C o m o o 3 a-=' o� -a �Q o 3 m m 0-x m (D CD ) �- w 3 m O Js m D m CQ CO N O O m Q. � • 0 . . 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CD 3 — CD CD MMI r 0 0 0 v a C w 0 n CD 0 CD 0 ca 0 PR 3 O CD j 7� on RECEiVErj NOV 0 9 2010 CITY OF • C TY CLEF 4 --FIC 1644 00 Page 1 of 1 Jacy Jones From: Zion Properties [Zion Properties@msn.com] Sent: Monday, November 15, 2010 5:34 PM To: clerk Subject: Fw: Dog Pound & Dog Park Dear City Council, My name is Fred DePold & I live in the neighborhood of the proposed dog pound / dog park on Cherry Lane. First of all please let me say that my family and I as well as every neighbor we have spoke to are strongly opposed to a dog pound and or dog park in our neighborhood. This is the wrong place for it. All around this site is going to be residential as per the City of Meridian Future Land Use Map. As I travel the northwest- nowhere have I seen a dog pound and or animal shelter in a residential area. An animal shelter should be located in a non-residential area such as an industrial/commercial area as it is in Boise. At the City Council Meeting on 11/16 at 7:00 pm, please explain why the dog pound can not stay right where it is? Sincerely The DePold Family Zion Prooerties(cbmsn.com 5946 W EI Gato Lane Meridian, Id 83642 208-869-9915 11/16/2010 November 15, 2010 To: Meridian's Mayor and the Meridian City Council Please find attached a petition signed by neighbors of the Borup Property Site. We appreciate Parks and Recreation recognizing that this site is not appropriate for an animal shelter and are suggesting it be removed from the site plan. We are asking that the City Council do the same. All signatures were collected from neighbors within one mile of this location, except for one. One person lives just a little more than one mile away, but asked to sign the petition, too. These neighbors represent those most affected by the development of this property. We appreciate your consideration on this matter. Thank you, Donna Anderson 2000 N. McDermott Rd. Meridian, Idaho 83646 208-888-5080 Om o m m CD =r CD m N C 0 0 �0= (D `� to m 13 (D Lm nN 0 C S31 so o(p fl.X 00 0 (p Q cN N� 0 o m p. m 0 cr CD fvQ.NN cD= •.«0 o�-�? 0 m3 mCL SD0c 3 30 a�3 v =3 o 3 OA=I Q �N O- (D 3 x' (OD cl cm 0 Q. >' o Jw c�D 4aw CD CL so ®� W ® v CD (D vii 5 N a 0 t m 'O 3 l c i 17 CL c a D e� o Cl o CD m�a3 N :3 C � onQ. Q� CD 0N� o oc0 CD SD CD 3a0.a 0) O O .. Fu (D N 'O -, (G N C Q' O 7 3 O Q' (D us `C C cr SD O� O Q < n O (D CD iU (a -, a) Qn O 3 a3 -u Oco �p CD O X.co N 4 N 7c m O (7L �G a N COCD CD n 77 N 77 ¢1 N ( O 0, �3 CD CD CD aQ co � c a� Cr Q° fl. � . (D co m (D = O o Q. 3 -� 3 Co 0 CA 3o ? O (D 3 co N O Q. NO a S11 C CD < Q Al O m AW vi ''� � \ � �. z. �; 3., �: ,c �: �, m .�► tD Q a ' A Page 1 of 1 Jacy Jones From: R EASTON PAULA YOUNG [peyoung@q.com] Sent: Sunday, November 14, 2010 6:39 PM To: clerk Subject: cherry lane projects To Whom it may concern, My name is Paula Young, and my husband R. Easton Young and myself hold title to 5.26 acres on the Southeast corner of Cherry Lane and McDermott Road. We are concerned about the consideration of the city to place a dog pound on the North side of Cherry Lane across from our property. This location is too close to the city and will lower the value of all of the property on the mile of Cherry Lane between Black Cat road and McDermott road. This type of facility would be better placed outside of town where there is not as much invasion of personal and commercial property. I hope you will enter our objection in the next city council meeting to take place on November 16, 2010. Sincerely, Paula Young 11/15/2010 would be to accommodate scheduling different activities at different times, which may not require the highly expensive, full parking lot stalls. Public Testimony: Moving into a time of public input/testimonies, Commissioner Steele stated the Lions Club Rodeo does have a Conditional Use Permit to use the Borup property until the City is ready to develop it, at which time they feet they need to revisit this and truly make a decision with the rest of the property. As the Commission understands, the Lions Club Rodeo activity onsite would have to increase because the City does not have a lot of acreage that can be left idle (that could be developed) for years at a time just to be used one weekend a year. Mrs. Donna Anderson resides with her husband Mike for the past 32 years at 2000 N. McDermott Road, Meridian. She gave a PowerPoint presentation, which is attached to these minutes. She reported on the following: • They currently live with two Border Collie mix dogs, Lydia and Boaz, who were rescued from the pound. Their residence joins the west boundary of the Borup property, and their ten acres run the entire length of the proposed dog park. Mrs. Anderson stated she also represents adjacent homeowners. • They have supported the Meridian Lions Club Rodeo use of the property for the past seven years, as has Meridian City, and has equally supported their application for a permanent Conditional Use Permit for additional events in the entire 30 acres. She stated the rodeo and horse park is a nice fit and is compatible with this neighborhood. • In addition, Mrs. Anderson has been attending many MPR Commission, City Council, and Dog Park Task Force meetings for the last six months. She has talked with more than half a dozen park directors to learn what makes a successful dog park. The Borup property is a bad location for a dog park. o All directors were happy to share the information so that the City of Meridian does not have to "reinvent the wheel" concerning dog park development. Most cities arrive at the solution of having several smatter dog parks ranging from 1.5-2 acres in different parts of the city. • Most people like to walk their dogs at the park, let them play for 20 minutes to half an hour, then walk home. o They are more inclined to clean up after their dogs when it is in their neighborhood. o There are also people who do not mind driving their dogs to a dog park located in different parts of the city, if it is not too far. Time is a big factor. • She has visited two of Boise's three dog parks and found the Morris Hill Dog Park located between a cemetery and the railroad tracks. • The new Pine Grove Dog Park that just opened fits beside the Interstate 84 freeway and a Boise City Parks Department maintenance site. o $19,000 was raised in cash and in-kind donations. o It only cost the City of Boise $10,000 to open this park. o All parks are two miles inside the city limits. • Nampa's Dog Park sits surrounded by railroad tracks, an overpass, and storage units. The land was given to the City, and because of the high Parks & Recreation Commission Meeting Minutes - October 13, 2010 Page 7 of 23 Persons desiring accommodation for disabilities related to documents and/or hearings: Please contact the City Clerk's Office at 888-44.33 at least 48 hours prior to the meeting. water table, it was unbuildable. The diverse terrain makes this a wonderful location for a dog park and is very popular with dog owners all over the Treasure Valley. This park is over one mile inside city limits in a fully industrialized area. The Meridian Bark Park is in a great central location beside the Police Department in an industrial area. Mrs. Anderson observed two different people using the park on a day it was closed. A gentleman stated he goes every day and picks up orphaned dog feces for those who do not clean up after their dogs. She inquired if people will not follow the rules when the dog park sits beside the Police Department, what are the chances they will observe these rules and clean up after their dogs when they are on ten acres six miles from the Police Department where the Meridian Police do not patrol? If there is a problem, who will respond? Meridian Police or an Ada County Deputy? Seventy-five percent of the people currently using the Meridian Bark Park would like to keep the dog park in that vicinity of the City. Ten acres is not needed for a signature, destination dog park when it is six mites from the center of Meridian. Mrs. Anderson expressed it was disconcerting to learn that the Meridian Parks Department has not done a survey to find out what the dog owners of Meridian want. She was told the MPR Department bases its decision on the 2008 MPR Department Public Input Survey. o With approximately 75,000 people in Meridian, only one half of one percent -432 people—answered the Survey. o Question 21 asked, "Please tell us about any other improvements you would like to see in Meridian Parks and Recreation's parks and programs." Three hundred sixteen people did not answer this question. Out of 116—two-tenths of one percent that did answer— only 13 of 75,000 mentioned they would like a dog park. ci The dog owners of Meridian have not been asked where they want a park or what amenities they want. To better serve the people of Meridian and to be fiscally responsible to the tax payers, the City needs to know what they want. Tossing the dog owners of Meridian a bone with a piece of property located outside the city limits with no services and an entire neighborhood that is opposed to it is an irresponsible act. To return the current Bark Park to the Police Department as a canine training facility, all one would need to do is look around Meridian City in its parks. o There are many viable, instant parks with or without established grass that just need fencing. o Many dog parks use bark chips or gravel as a ground cover. o There is no need to install a six-foot chain link fence that would not took appealing, as one is not caging or detaining dogs—just defining boundaries. Seattle and Los Gatos both use four -foot fencing for their dog parks that is aesthetically compatible with their parks and works just fine. Parks tr Recreation Commission Meeting Minutes - October 13, 2010 Page 8 of 23 Persons desiring accommodation for disabilities related to documents and/or hearings: Please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the meeting. • Mrs. Anderson has found many other viable areas in Meridian parks and around the City that exist worth investigating that are more centrally located to the people who would use a dog park. o At the Borup property, there is no one for a mile and a half that would use the proposed dog park. • Mrs. Anderson feels the City is doing a disservice to the dog owners of Meridian by the long-range planning of a signature, destination dog park in the far distant future rather than finding a solution now that would alleviate overuse and crowding of the current park. • The dog pound is an entirely different issue. o This property is not zoned for a dog pound. It would be a detriment to their neighborhood. o A realtor stated it would adversely affect the property values up to one mile away. o The dog pound would be six miles from the Police Department. o Annexation into the City would be a long, arduous process with neighbors who are in opposition. o There is no water or sewer. o The barking would be a horrible nuisance to the neighborhood. o To live beside a dog pound would create undue, adverse impact on surrounding neighbors. o They do not want a dog pound in their neighborhood, as it does not belong in anyone's backyard. This is the wrong place. o Consider the location of the Idaho Humane Society, the Canyon County Animal Shelter, and the current Meridian Valley Animal Shelter. They are in industrial zones. o Mrs. Anderson reiterated she feels the City is doing a disservice to the many volunteers who put in hundreds of hours caring for the lost and abandoned dogs in Meridian. The City is promising them land for a new dog pound in an illegal location that will take years and years just to get annexed to the City, let alone bring in the water and sewer needed. • It was stated it might cost up to $2 million to bring services to this property. o if $0.5 million piece of property is bought in a Meridian industrial area that already has water and sewer, and spent $1 million to build a new building, the City of Meridian would save $0.5 million. • Dog lovers need a place to play with their dogs in Meridian. Many existing, viable parks and areas around the City that are worth investigating and are more centrally located to the people who would use a dog park. The Borup property is the wrong place. A poor place for a dog park and a terrible place for a dog pound. Other Public Testimonies: • Mr. Gene Bray resides at 5654 El Gato Lane, Meridian, which is about 2,000 feet south from the proposed site. He has owned this property for 23 years. o The Commission received his written comments, but he highlighted the things that are most important to him: Parks & Recreation Commission Meeting Minutes - October 13, 2010 Page 9 of 23 Persons desiring accommodation for disabilities related to documents and/or hearings: Please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the meeting. The signature dog park at 10 acres, in his opinion, is dead on arrival. He does not believe there will be many citizens that wilt drive an average of five miles to exercise their dog. None can walk there. He called the proposed site a "bi-county facility" because it is virtually on the County line and is just as close to Canyon County residents as it is to Meridian residents. Therefore, it appears as if Meridian is proposing to put in such a facility for the benefit of both counties unless there will be some sort of license plate checks, zip code checks, etc. Another comment is in reference to the money that was raised recently for the dog park. The solicitation distributed at last weekend's "dog fair" states, "Donations are now being accepted for the new Meridian Bark Park to be located at the corner of McDermott and Cherry Lane." Mr. Bray feels the monies were collected with a non -accurate description because it is still very much a proposed issue and yet the document emphatically states the location at the Borup property. He believes there was misrepresentation and if the money collected should be returned, since it was collected under false pretenses. Commissioner Treg Bernt read the solicitation and stated that anything that has been sponsored or attended by an employee or volunteer of the City in regard to any type of event where solicitations have been made in regard to the dog park has been meant to be for potential use of the dog park. Mr. Bray is concerned about the high noise level that goes along with a dog pound/animal shelter, depending on the construction of the building. Where he lives, the traffic on Cherry Lane is very loud at times. Kennels can be very loud. When the rodeo is in place, it is exceedingly noisy. He has been through a series of problems with residents that have dogs that bark all night. At times in the summer, he cannot sleep with the windows open because the dogs keep him awake. Normally, in other jurisdictions, these dog pounds are located in non-residential areas far from concentrations of residences and the dogs that frequent those residences because that is where the owners live. To have the dog pound/animal shelter be incorporated into the dog park is a serious problem because Mr. Bray believes this is a light, industrial kind of activity. To put this in an area that is a mile and a half from the nearest people that would use it and inflict the sound problem on the residents (about 22 over a mile reach) located on El Gato Lane is an unneeded annoyance 24 hours a day, seven days a week. in addition, to alleviate the noise by proper architectural design would require an expensive building. instead of building an expensive building, sighting it in a light industrial area with Parks 8 Recreation Commission Meeting Minutes - October 13, 2090 Page 10 of 23 Persons desiring accommodation for disabilities related to documents andl or hearings: Please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the meeting. the building construction to be a good neighbor is going to be a lot cheaper. Mr. Mark Snodgrass resides at 1406 N. Leslie Way, Meridian. He is President of the Meridian Lions Club. He thanked the MPR Commission and Director Steve Siddoway for assistance with the Conditional Use Permit. c The Meridian Lions Club is in favor of keeping the rodeo and having some sort of equestrian facility. He appreciates that the Concepts Plan included a rodeo facility proposal. They have worked extensively with the neighbors, which have been very supportive of the rodeo and the programs that are there. The Lions Club would like to expand the use of the facility for other equestrian events. The City already has several softball/ baseball facilities and multi -use facilities. So a rodeo/equestrian-based facility would be somewhat unique to Meridian and would help to preserve its heritage. There are a lot of signature events in Meridian, and Mr. Snodgrass would like to think the Lions Club Rodeo fits that bill. By having a more permanent site, they would be able to expand the facility making it into much more of a premier event for Meridian but also be able to use it more often as well for other equestrian -based events. Commissioner Phil Liddell inquired, If the property existed in the City of Meridian in another location, would the Meridian Lions Club consider making the move if enough land was made available for them as they work through the whole process of decision-making (not necessarily in the near future)? Mr. Snodgrass replied he would hope from the movement from the current facility, if it occurred, would not demolish the rodeo, due to the amount of time and effort it takes to build a facility. If they had to relocate to another facility, the Lions Club would make it the choice of whether they could continue with the rodeo completely or whether to move everything to a new facility. Commissioner Steven Yearsley inquired, If the City were to develop the Borup site into a proposed rodeo ground, how often would the Lions Club like to see events being taken place—weekly, monthly, etc.? Mr. Snodgrass responded it would depend on the demand for different activities, etc., possibly on a bi-monthly basis or possibly have groups that would want to use the facility in the afternoons or summers during the daytime for a practice facility or other equestrian events. • Mr. Jon Anson resides at 6220 El Gato Lane, Meridian on the corner of El Gato and McDermott, which his about 1,500-2,000 feet S -SW from the property. El Gato is the one -mile subdivision street parallel to Cherry Lane. Mr. Anson lives just down the street from Mr. Bray. Mr. Anson stated he has a horse boarding facility, J.P. Arabians, with 16 horses on their property. a He is not in support of the dog park. o He is extremely opposed to the dog pound being put on this facility. o He concurs with all of the comments on the noise, property value, and that there are better alternatives that are probably a lot less expensive, especially for the dog pound, in other parts of the City, due to the expense of the services that need to go into the dog park. o In the area on El Gato Lane and Saint James Loop (a loop that goes on McDermott), which is in Canyon County but is extremely close to Parks & Recreation Commission Meeting Minutes - October 13, 2010 Page 11 of 23 Persons desiring accommodation for disabilities related to documents and/or hearings. Please contact the City Clerk's Office at 8884433 at least 48 hours prior to the meeting. the park, Mr. Anson's best estimate right now is a minimum of 62 horses on El Gato Lane within three-quarters of a mile of where the dog park is proposed to be. He is against mixing dogs and horses together because they are dangerous for horse riders and dogs alike, as dogs will chase horses; this could be a liability issue. o He would really support the rodeo at the site and would like the City to continue to maintain it; expand the rodeo grounds; and make it a small, multi -use facility. He sees a high demand for use. Mrs. Lori Price resides at 5554 West Cherry Lane, Meridian, which is approximately a quarter mile west of the Borup property. o She is extremely against a dog pound in her neighborhood. o The dog pound needs to be in an industrial area where it will not disrupt the livelihoods of the people that live within close proximity. o She will be forced to be annexed to the City. Her driveway is 300 feet long, and she does not want the extreme expense of hooking up to City water and the sewer system, as it would be an extreme hardship on her. o She has accepted the rodeo at its current site, even though she can hear every bit of it from her backyard. She can tolerate this once a year. However, she does not want to hear dogs barking all night long every night. This will degrade the property and value of her quality of life. Mr. Doug Beehler resides at 556 Knob Hill Court, Eagle. He helped start the Lions Club Rodeo 21 years ago and has been heavily involved ever since its inception. o As far as if this is the right location for a rodeo facility, there are probably more horse owners closer to that facility than there are south of Meridian. o The Lions Club has turned down numerous requests for use of that facility by organizations because they never had the Conditional Use Permit until this year. He hopes that a lot of the people they said no to will return. It would be a tremendous hardship if the Lions Club Rodeo were to move. o In looking at some of the concept plans and constraints associated with them in two of the options that did not include the rodeo grounds, financial was not there. However, the third option that did include a rodeo ground, it said one of the constraints was financial. He has never, to his recollection, been offered any money by the City to help develop the grounds; only assistance with weed control, etc., but is under the impression the City is willing to put some money toward other projects. Commissioner Creg Steele stated related to partnerships, there is not a lot of funding available but the City will provide the land as it works with its partners. The responsibility primarily falls on the group to come up with funding (especially during the downturn in the economy); i.e., the Dog Park Task Force, PAL Soccer, baseball, etc. Parks & Recreation Commission Meeting Minutes - October 13, 2010 Page 12 of 23 Persons desiring accommodation for disabilities related to documents and/or hearings: Please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the meeting. Commissioner Steele inquired, If the Lions Club Rodeo were to get an ideal facility up and running, how often do they see that being used? Mr. Beehler replied he has had requests from high school rodeos, which have three to four rodeos per year, depending upon their season. He has had phone calls from people to train horses once a week. In addition, he has had team roping groups state they would like to have a team roping event every weekend. These examples would bring in revenue through concessions sales, as the Lions Club Rodeo is non-profit, and possibly sponsorships through leasing opportunities that would have to be worked out with the City. Ms. Debra Baker resides at 1451 E. Palermo Street, Meridian. o Every weekend she drives somewhere to take her dog to a dog park. The closest one to her is the dog park in Nampa, where she has driven there. She has also driven to the dog park in Boise before the Nampa Dog Park opened. She drives a tong distance, and she does speak to the people in the dog parks who are from Meridian, who do drive to these parks because they have no place to go in Meridian. * The current Meridian Bark Park is so small. When she visited this dog park, there are so many dogs there. When there are 10-20 Labradors, it is very difficult for her little dog to go and enjoy herself. Therefore, she tends to shy away from the Meridian Bark Park. c, She is against reducing the size of the dog park because Meridian needs space for their dogs to run. Small acreages are not adequate. Big dogs need a place to run and get away from each other to avoid conflicts. o Regarding fencing, there are dogs that get out when the fencing is inadequate. She stressed obtaining proper fencing to contain all of the dogs to avoid the issues of dogs getting out and chasing horses. Bark is a huge issue, especially for small dogs, as this material is not user-friendly. o Ms. Baker loves the Nampa Dog Park. She feels it is the responsibility of the MPR Commission to provide its citizens with a place to take their dogs. Just having the small area now (Bark Park), it is evident for the need of a larger park. The Bark Park had to be closed because the dogs are damaging the turf. The Bark Park is not adequate. Meridian needs a new site immediately. Ms. Katie Hart resides at 2599 W. Forecast Street, Meridian, which is about two miles away from the Borup site. o She clarified about the solicitation flyer Mr. Bray brought up earlier that evening. She was one of the volunteers at the H3 Pets event to celebrate their fourth anniversary; it was not a "dog fair." H3 Pets was kind enough to let the City show the community what was proposed for the dog park. Every person who approached her at the booth, she let them know this dog park was proposed. She stated to attendees this was not the actual site but was only an idea. o She is a very frequent user of the Meridian Dog Park. She has a Great Dane and a Golden Retriever. She loves the dog park and so Parks It Recreation Commission Meeting Minutes - October 13, 2010 Page 13 of 23 Persons desiring accommodation for disabilities related to documents and/or hearings: Please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the meeting. does her dogs. She expressed her sadness that Meridian is so limited in space. c She also expressed it saddens her because most of the opinions she heard on Saturday from the H3 Pets event from people who were vocal were negative. Ms. Hart believes if these people would actually go out to the Meridian Bark Park, they would see dog park attendees are really nice people and care for the facility that is there and not just allow dog feces lying around. She and others volunteer in the community to pick up dog messes frequently. Mr. Brian Draper resides at 1996 Kristen Way, Meridian, which is about two miles from the proposed dog park and approximately three to four miles from the Meridian Bark Park, which he drives to every day. o He has worked with a tot of the people present this past year being a member of the Dog Park Task Force. He expressed they have learned a lot; have brainstormed many hurdles; and have come up with several plans. In addition, the Task Force/Commission has looked at every possibility they could. Truly the people who attend the current Bark Park will not allow a new park to be a free-for-all; it will be a community park. Mr. Draper foresees an oversight committee or volunteer group to help run the park. o Regarding the solicitation flyer that Mr. Bray and Ms. Hart spoke about, that was an oversight that the DPTF created; it should have included the word "proposed." Mr. Draper said they collected only $36, but the main purpose of the H3 Pets event was to raise awareness. o The Dog Park Task Force needs a solid commitment for somewhere to build this park so that they can go and collect the money, as it is very difficult to do this now because the location is unknown. They need a new dog park before 2013. o Mr. Draper spends about one and a half to two hours a day at the current Bark Park. He expressed the park is not only for the dogs but for the people as well to unwind from their busy lives. The new dog park needs to be large enough for paths for people to walk and room to spread out the dogs so that there are fewer issues. Ms. Shannon Wood resides at 2917 S. Givens Way, in south Meridian. She is a member of the Dog Park Task Force. She likes the idea from Mrs. Anderson about conducting a specific survey of residents to see what they really want. She understands the MPR Department conducted one a couple of years ago as well as the City of Boise. She pointed out Boise's survey reveals the demand for dog parks. Within three Saturdays encompassing a total of approximately six hours, they collected over 150 signatures from people who were interested in helping to find a new site, fund a dog park, and wanting to make their voices known that they need a dog park every day of the week. She stressed there is a demand for this. o Residents who do not live outside the city limits with great acreage do not have a place where their dogs can run around. Dogs are not allowed to run around in the common areas of subdivisions, off -leash in school yards, or large, urban parks with lots of acreage. If people Parks a Recreation Commission Meeting Minutes - October 13, 2010 Page 14 of 23 Persons desiring accommodation for disabilities related to documents and/or hearings: Please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the meeting. are found not abiding by the rules, they can get a ticket. Therefore, another alternative is crucial. o She added they need a site for a dog park, wherever that may be, and is willing to cooperate with everyone in hopes to find some resolution. Commission President Creg Steele closed the public hearings at 9:17 p.m. Feedback from the MPR Department Staff about Public Testimonies: • Director Steve Siddoway: o In Mrs. Anderson's presentation, she talked about a central location being more desirable than out on the fringe. Steve would certainly concur with her point if the City had a site that would work for a larger dog park closer into the City. The Department started looking at potential sites centrally located. They originally identified Jabil as a potential site. There are lots of reasons why this site would work great, such as it is close to the existing site; and it already has grass and parking. Unfortunately there is a use agreement with the property owner and when the property develops, the City will lose the land because it does not own the land. Steve has offered and is still interested in meeting with Mrs. Anderson to explore what she has found from existing parks she feels has potential solutions for a signature dog park and/or satellite dog parks. The problem with satellite sites in general is that most of the open spaces that exist in the neighborhood and community parks are already used by PAL soccer, flag football organizations, lacrosse teams, etc. for practices and games. Regarding the dog pound, it was mentioned that there are zoning issues; Steve concurs. It could not be developed in the county until utilities were out there at which time it becomes City property, which is years away. This is certainly not low -hanging fruit to put the dog pound out there. However, it was explored and depicted on all three concepts because early on it was brought to us that the Animal Shelter has outgrown their current facility; they have been looking for other sites for quite some time; there might be an opportunity here to locate a facility; and the possibility needed to be explored. Mr. Bray also talked about the central location and the animal shelter mentioning he thought it was dead on arrival because citizens will not drive to it. This is the question --there were testimonies that evening that there are citizens who do drive but others who feel they will not. From the existing dog park, he was told a lot of the users are from west Boise because they drive there as their most likely opportunity. Steve has heard from several Meridian citizens who say they have driven to the Nampa Dog Park because the existing one is too small, and they would like us to have something similar. Mr. Snodgrass mentioned that one of the reasons they may not see the demand for a rodeo is that there is no facility currently Parks & Recreation Commission Meeting Minutes - October 13, 2010 Page 15 of 23 Persons desiring accommodation for disabilities related to documents and/or hearings; Please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the meeting. QN, N0►: 2010 LIN qT CAL ILIZ eL ME 4 F] K November 16, 2010 To: Meridian's Mayor and City Council Please find attached a petition signed by the neighbors of the Borup Property Site. All three site plans for the proposed use of the Borup Property include a dog park. The Parks Department has not included any alternatives for the use of the western 1/3 of that property. A dog park is incompatible with a horse park and this needs to be taken into consideration when developing this park. We ask that the Council remand the Borup site plan back to the Parks and Recreation Commission to provide a couple different alternative uses for that 10 acre parcel. All signatures were collected from the neighbors most affected by the development of this site, who live within one mile. With the exception of one person who lives just over one mile who asked to sign the petition, also. We appreciate you consideration on this matter. Thank you, &4� Donna Anderson 2000 N McDermott Rd Meridian, ID 83646 208-888-5080 o� c •� c a0E� Co -0 =a) _O > 'a �Ec =cu0 c 0.-0 0 3 rn .0 - X fl. u Rf a) C U E +..� •� a) CO CM tea) cu to V CO _0 c �. 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Bray [ge_bray7@advocateswest.org] Sent: Tuesday, November 16, 2010 2:48 PM To: clerk Cc: Donna Anderson Subject: Meridian City Council Meeting Nov 16 Page 1 of 2 RECEIVED NOV 16 2010 CITY OF G CEE Amrnrr CITY CLERKS OFFICE Attachments: GroupCommentsForP&Rmeeting-10-13-2010.rtf; BorupPropertyMtng-8-7-10.rtf Relative to the Borup Site Concept Plan I do plan to speak for almost all of the 19 households and 33 signers on El Gato Lane of two aggregated petitions already submitted by Mrs Anderson. I personally visited each permanent residence on El Gato (except one) and discussed the Borup situation and alternatives with the owners. Mr. Anson intends to speak separately as he has specialized interests that I am unable to articulate accurately. Also Mr. DePold has submitted comments that might differ slightly in focus from the general comments below. In the context of the Borup Plan to this point, all 76 signers of the two submitted petitions are Ada County outliers in that we are not in the constituency of the elected officials of Meridian City. We do pay taxes for Meridian entities: Fire, Library, Cemetery, and also the West Ada Recreation District which encompasses Meridian. (In this regard we are plank holders in the 25 acre Fuller Park in Section 10; the 0.5 ac Settlers Park and the Meridian Pool elswhere.) We are in the constituency of Ada county which is the level above Meridian in ruling on the Borup proposal once it clears Meridian. This gives the Borup neighbors much better standing in these longer range negotiations and compromises as we move forward. The transition from the city line, largely from Black Cat to the west is very obvious both on El Gato and Cherry Lanes as the lots are five acres to tens of acres all the way to the county line. On this side the main concerns other than general life liberty and pursuit of happiness, are to stay solvent and manage the land, in almost every case, in agricultural pursuits such as row crops, forage, community gardening, nursery stock, animal husbandry (cows, horses, goats, chickens), and habitat for wildlife. On these lands there are almost as many large animals as residents, and there is a surprisingly heathy ecosystem with coyotes, foxes, an occasional badger or raccoon and smaller critters down to voles and mice. This prey base engenders many birds of prey, passerines, upland game birds, and owls. This generates a natural ambience rarely found in the Treasure Valley. In the case of El Gato Lane (with its light traffic, 30 mph speed limit, courteous neighbors, and profusion of wildlife) it is a route often traversed by bikers, joggers walkers (with or without dogs), sightseers, and horseback riders. During owl fledging season the neighborhood is often host to city folk and out-of-town visitors to witness the twilight barn owl circus. It is in the mutual interests of both Meridian City and Ada County residents that proposed changes in land use in this conflicted area are developed cooperatively, in good faith,and with timely consultation, fully observing the comprehensive plan goals and objectives of both jurisdictions. In this vein, the Borup neighbors have already participated and critiqued the Site Concept Plan and were successful in having an incompatible, light industrial feature (the dog shelter/pound) removed from all three alternatives by vote of the P & R Commissioners on October 13. We are also critical of the regional size, dog park (three off -leash areas - 7 to 10 ac) which under 11/16/2010 Page 2 of 2 the hegemony of the Dog Park Task Force are essentially the same in all three alternatives. To be even handed it seems it would have been appropriate to create parallel task forces for a Community Garden program which provides gardening opportunities for the physical, social benefit and perhaps even mental health of the people and neighborhoods of Meridian. Or following on the lead of Ms. J. Byam ( a signer of our two petitions) in her comment card of June 30, a task force to develop an equine exercise park for paid use of $5 per day per horse for use of an arena on the same 10 acres. Independently in my 8/9/10 comments after the on-site meeting August 7, 2010 my item 9. opined as follows: "In the immediate area surrounding the site, especially on El Gato Lane, there is far more interest by the residents in horse facilities than dog facilities. Instead of spending money on parking facilities for the dog -centric crowd, why not invest in bridle -path easements from such as El Gato Lane and other horse - centric areas nearby? Meridian should be investing in things reducing the nation's reliance on fossil fuels and encouraging foot traffic, riding and cycling. This actually raises the question as to the long- term practicality of fitting up the 30 acres to host a once -a -year rodeo extravaganza. This is another transportation -parking hog that won't survive the oncoming energy crunch. ..... That will reduce the horse -park expense to handle a merely seasonally variable activity load of extended neighbors that merely wish to properly exercise their horses. Let's see a plan alternative to provide a basic horse exercise facility without bleachers, arena, barns and shows vastly reduced asphalt for access and parking." Nothing came of these suggestions which seemed to run roughshod over the goal: "Permit recreation uses that are compatible with agricultural pursuits in the rural areas." And: "Provide a walkable community through good design." The El Gato Lane community will continue to participate in the shaping and refining of the development plan for Borup and we sincerely hope to avoid a train wreck at the Ada County level. In my opinion, we need less marketing of the existing Concept Plan and more tailoring or modification to suit the community into which it is being thrust. Attached are my two previous submissions to Parks & Recreation officials that hopefully represent due diligence and timely exhaustion of remedial options in arriving at an affordable, equitable, and practical approach to the beneficial use of the Borup property. If these are not in the record furnished by P & R for this meeting, please append same to this comment for the official record. Gene E. Bray 5654 El Gato Lane Meridian, Idaho 83642 208-888-3293 11/16/2010 Comments for the Parks & Recreation Commission Meeting October 13, 2010; 8:00 P.M. A. The proposed off -leash dog park is very poorly sited in that it is midway between Nampa and Meridian and is likely to attract as many Canyon County residents as Ada County folks. In that location it would appropriately named the Bi -County Dog Park (although willingly funded by the City of Meridian taxpayers) B. This "signature" dog park at ten acres is DOA in my opinion as few Meridian residents will snatch a few minutes with Fido by driving an average of five miles each way back and forth from their residence to visit a flat, featureless multi soccer -field -like expanse of grass/bark with a faux pond and plastic water lilies. There they will encounter similar people with Zip -Loc or Albertsons bags in hand and from time to time benefit from the wafting odors from the large dairy one and one-quarter miles to the NNW. Most folks comfortable with their neighborhood like to stroll from their homes, howdy-ing their neighbors on the way and proceeding on foot to the local park where there are a variety of activities and a 1 to 1.5 acre fenced, off -leash area. Other folks are there with their children and an other constituency is trying to work off a few pounds by jogging about while the Little League team is practicing. It's both a social and a purposeful expedition with a lot of variety. It's also an integral part of the Neighborhood Watch program as those dog -master teams are out and about at all hours of the day and night and substantially if not consciously are helping to keep the neighborhood of their choosing under surveillance. The Borup property is no signature/destination dog nirvana. Compare it to the Marymoor 40 acre off -leash park on the west shore of Lake Sammamish between Bellevue and Redmond WA and the porposed Borup is competitive with Marymoor's parking lot. "Doggy Disneyland", as it is locally dubbed, Marymoor Park is best known for its 40 acres of off leash dog park. This is where dogs can be dogs. Black Labs dogpaddle against Golden Retrievers to see who can get the prize: an old tennis ball thrown by an owner into the Sammamish Slough that bisects the off -leash park. This fabulous former 640 acre farm is less than two miles from the main Microsoft campus. It is a great place to meet old friends, new friends, and new dogs. Doggie parents come from Seattle, and all over King County, to give their pups some good old-fashioned exercise. The area is replete with mature trees both evergreens and deciduous with hiking trails and a vigorous understory of shrubs and pickable blackberries. The ambience and setting of this park are astounding. C. As for the funds collected at the October 9 and 10 Dog Fair by the Dog Park Task Force, such should be returned to the donors if identifiable, as they were collected under false pretences. The "New Meridian Bark Park" is not yet "to be located at the corner of McDermott and Cherry Lane." There is merely a proposal to locate such a park on land that now has its entrance one quarter mile east of that intersection This representation on paper is not trumped by any oral clarification that may have been made. Get real - what the car salesman told you orally ain't worth a damn unless it is also so stipulated in the paperwork. D. As for the residents of EI Gato Lane there will be an undue adverse impact to our neighborhood if Borup also is also to be the location of a animal shelter, dog pound (public enclosure for stray, abandoned or unlicensed animals) or quarantine/recovery/adoption/euthanation facility. Such a facility or combination thereof is way above the league of a typical commercial kennel as the barking is loud, raucous and incessant 24/7, and carries well across the 600 or 700 yards of ag land between our properties and Cherry Lane to the north unless there is temporarily a mature stand of corn. Such an expanded facility also involves a lot of vehicular traffic as witnessed at the facility west of the Boise Airport. We are subjected to noisy disturbance a few hours for two days per year from the Lions' rodeo when it sounds like that event is being held in our backyard, but that is transient like a thunderstorm. Bearable. In other jurisdictions such facilities are sited near airports, train tracks, interstate highways, industrial areas that themselves are noisy and far from tranquil residential and agriculture properties and the resident canines that live there with their masters. Real estate professionals will testify that being within one mile of such a facility will significantly depress property values gradually increasing as the distance decreases and the noise level increases. While I would welcome a lower assessment due to such factors, I am willing to forego lower taxes and continue to enjoy the amenities I invested in some 23 years ago. In my situation even though I wear a hearing -aid in each ear, the low frequency component of dog barking carries so well from the north side of Cherry Lane to the extent that a few years ago I sought out the house of the owner of such a dog and he made other arrangements and the night- long barking sessions ended. Until then I could not sleep with my north -side bedroom windows open in the summer time which was a persistent and significant infringement on my rights to enjoy my pastorally sited property. As a hypothetical, consider that I make a recording of the sounds emanating from the current infirmary for dogs at the Waste treatment plant on Ten Mile. That is a cinder block building with a metal roof and last Sunday morning the barking chorus was remarkable in the vicinity. Putting that recording in my car I proceed to Director Siddoway's residence on a warm summer night and continuously replay it from a respectable distance away at the sound intensity sufficient to equal that at my home. Probably a week would pass without annoyance but the continuing barrage after a few weeks would become more annoying. Soon Mr. Siddoway or his neighbors would complain to the police or sheriff and I would be persuaded to move my vehicle or stop the audition. Why is Mr. Siddoway trying to impose on county residents an annoyance that he and his neighbors would rightfully refuse to endure? Think about it! E. The senario in D. above leads us to the "show stopper" for the full service Borup property concept. That involves a set of resolute neighbors, including those in St. James Loop in Canyon County that in a timely manner convince Ada County Planning and Zoning that the allowed uses in the Borup property when finally annexed do not include a "commercial kennel on steroids" and a permanent conditional use permit is not warranted because of undue adverse impact on surrounding neighbors up to 3/4ths mile away. P& R or the department (Police?) that is responsible for stray, abandoned and unlicensed animals better start looking for a suitable site for the pound in light industrial or similar zoning a respectful distance from residential clusters or subdivisions. Parks and Recreation facilities are not suitable for hosting or accommodating such an incompatible use. Gene E. Bray The August 7, 2010, meeting with the nearby property owners and representatives of the Ada County Lions Annual Rodeo was a real eye-opener. 1. It was represented that the repetitive Lions usage is totally informal with no contract or legal agreement save a once -a -year conditional use/event permit from Ada County. Apparently there has been a verbal agreement that the Lions would provide liability insurance to indemnify and hold blameless the city of Meridian (the owner) in the event of an accident or other incident. It is not clear if that coverage limit is consistent with the deductible of Meridian's insurance coverage. I'm surprised the city's attorney has not insisted on a more professional arrangement with respect to the installed infrastructure, weed control, access, concessions, scope and duration, vacating, etc. 2. What I saw of the 30 acres owned by Meridian in Ada County it is the saddest, most pauperized, former farmland parcel I know of. The field bindweed (convolvulus arvensis), puncturevine (tribulus terrestris), and field dodder (cuscuta compestris Yunker - not designated noxious) infestations are staggering with little else in the central area (outside the Lions' chain link fence) but kochia, all surviving without irrigation. With more than a casual look I would expect to find thistles and mustards of various varieties and perhaps others of the 36 recognized noxious weeds long recognized in Idaho enhanced by the 21 added in March of 2007. With such an infestation, at rodeo time the access road beyond the Anderson property and the part of the acreage used by contestants and their fans/supporters is a seed warehouse that travels with exiting vehicles to hundreds of Ada and Canyon county destinations. It is highly likely that the neighbors of this Meridian City property feel they are fighting a losing battle trying to responsibly manage their weeds with Meridian first on the crappy neighbor listing. N.B. The nexus of the two items above along with Ada County Ordinances Title 5 Public Health and Safety; Chapter 9 Ada County Nuisance Ordinance; Sections 4-6; and Idaho Statutes Title 22 Agriculture and Horticulture; Chapter 24 Noxious Weeds Sections 02, 07 and 09 with the supporting "designated as noxious" Official State (weed) List by the Director Department of Agriculture as published by U of I Extension in 2002 essentially makes the City of Meridian a violator since it knowingly allows vehicular use by the Lions and their supporters across its land, substantially wallpapered with puncturevine which is then transported on tires, shoes, hooves, etc., to hundreds of locations across Ada and Canyon Counties in particular. This in the Nuisance Ordinance constitutes "interfer(ance) with the free and comfortable use of adjacent and neighboring premises and property." Also property such as bicycles and adult tricycles are plagued with flat tires all over both counties partially due to the seed contributions from the Borup Property. 3. As for my question on the starting point as Meridian ramps -up to rapidly annex and rezone (to light industrial?) this non-contiguous parcel into the city limits, the Ada County category is still Rural -Urban Transition. The base zoning for Sec. 04 T3N R1 W was changed from RT to RUT in about February 2005 per my records and Section 04 is in the Ada County Impact Area boundary on the Comprehensive Plan; Chapter 5; of November 2007. As of November 10, 2009, Ada County records Section 04 as within the Urban Service Planning perimeter and still base zoning of RUT. This zoning change will need to be chaperoned by a super -star to make light industrial in less than ten years, especially with the real estate lethargy period ahead of us. 4. It seems the immediate priorities are, or at least should be, to plan and build a legal access off Cherry Lane into the parcel. Second should be a feasibility investigation as to the cost of utilities such as power, city water, and sewer. In protecting my property values on the contiguous Section 09 south of Cherry Lane, I fretted about encroaching high-density development to the east of me. In fact the SW five acre parcel at the intersection of EI Gato with Black Cat has been so enhanced with about a dozen lower density homes. When the question arose as to the possibility of the next 5 ac parcel to the west being the next domino to fall, the answer really encouraged me. It seems the recent large sewer line placed some 35 feet below Black Cat paving and extending south under the railroad, Franklin and then SE to 1-84 to service high density developments in Section 15, has its capacity already committed. There will reportedly be no service provided beyond a 660 foot corridor on the west side of Black Cat. In this situation, it will be expensive and/or a decade or more away to achieve affordable sewer service to the Borup property. 5. From a sociological point of view it appears dog walking is a neighborhood activity that allows owners and their canine companions to get badly needed exercise, social interaction with neighbors, and relief from the constraints of living in higher density neighborhoods. This kind of bonding is not afforded by an industrial scale dog facility situated on a soon-to-be four lane arterial. If the proposed facility needs a parking lot it is too big and too remote from the clientele it is intended to serve. Instead of a 30 acre facility Meridian needs six 5 acre facilities (perhaps one per section) centered in the highest density residential areas. Recreation specialists must have an idea as to the optimum size and dog density at peak hours that facilitates animal control and responsible self-policing/clean-up. (From my observations at the one -acre facility adjacent to the Meridian Police building on Watertower, about 20 animals is the capacity with fewer controllable in the presence of even one larger more aggressive individual.) Meridian may have purchased the Borup property at a bargain price but it is a real stretch to center a dog park in a large acreage, agricultural area that has working dogs and owners who don't need and don't have the time for such activities as proposed. This suggests the alternate of infilling by converting some area or some hours in each of the existing Meridian neighborhood parks to "dog park" activities. The Dog Park Task Force should be tasked to bring to the P & R Commission plans to modify the larger existing parks for off -leash dog sports, usually pack -running, Frisbee or tennis ball retrieval. Implementing such plans won't require expenditures for new access and parking. 6. Parvovirus is an extremely contagious, world-wide dog disease that can overwhelm a dog (especially puppies) leading to death within 48 to 72 hours after exposure. It is transmitted by direct contact with infected feces or the soil where infected feces was deposited. Such virus can then be transported by foot traffic, animal tracks, or by vehicle tires into places frequented by dogs where it remains virulent. Having a dog park is akin to a day-care center for children where disease transmission increases with occupancy and crowding density. Obviously if an animal shelter is integral with a dog park the risk is far greater. That is why the siting of Boise's Idaho Humane Society facility immediately west of the Boise Airport is so ideal. In that light industrial area there are no roaming canines to come in contact with the facility's animal patrons. Of course the Dog Park Taskforce is up to speed on this and should be advising P & R as to the best practices. This would be consistent with the city ordinance requiring (with adequate posting) licensing and parvo vaccinations and other immunizations for each dog patron in the various off - leash facilities. 7. The proposed site is almost equidistant from the populous Meridian sub -divisions east of Black Cat and such on the east side of Star Rd in Canyon County. It is a short pastoral stroll up the Kennedy lateral to St. James PI and thence McDermott only a stones throw from the proposed site. I doubt that Meridian is willing to police the foot traffic, nor deal with the 2C or in my case 20 license plates (should I choose to drive to the proposed dog park parking. It is not uncommon for Ada County residents to obtain license plates from county clerks in counties other than Ada. It's entirely legal and very convenient.) Neighborhood parks with little if any parking and convenient foot paths (not on arterials) will again win as the preferred alternative and will reduce the attraction and ease of access by local residents outside of Meridian city -limits. 8. Apparently there has already been a request for $52,000 to move this project forward, but in what direction? It seems P & R needs to accomplish more basic staff work using currently funded resources and the public involvement/consensus results hammered out. There is obviously a small, (squeeky-wheel?) advocacy for an industrial scale dog -park but where are the horse -park advocates? (Probably too busy taking care of their critters.) This is where good staff outreach is needed. There needs to be a polling and opinion survey, usage interest, activity for both communities, dogs and horses. Obviously the 30 acre parcel is uniquely suitable and probably the only Meridian owned property capable of hosting a horse -park. But as posed in the subject meeting, what is the interest and will they come if such a facility is provided? 9. In the immediate area surrounding the site, especially on EI Gato Lane, there is far more interest by the residents in horse facilities than dog facilities. Instead of spending money on parking facilities for the dog -centric crowd, why not invest in bridle -path easements from such as EI Gato Lane and other horse -centric areas nearby? Meridian should be investing in things reducing the nation's reliance on fossil fuels and encouraging foot traffic, riding and cycling. This actually raises the question as to the long-term practicality of fitting up the 30 acres to host a once -a -year rodeo extravaganza. This is another transportation -parking hog that won't survive the oncoming energy crunch. Considering the Idaho Center is only two miles distant why not move in the direction of holding the non-profit (public benefiting) activities to the Idaho Center? If it's important enough for Meridian to invest in subsidization of the Lions Rodeo, why two miles away in public facilities isn't it justifiable to subsidize them in facilities that already exist? That will reduce the horse -park expense to handle a merely seasonally variable activity load of extended neighbors that merely wish to properly exercise their horses. Let's see a plan alternative to provide a basic horse exercise facility without bleachers, arena, barns and shows vastly reduced asphalt for access and parking. 10. The Williams Pipeline (Northwest Pipeline) has a 75 foot easement crossing the 30 acres. The first line was installed in the mid 1950s and in some places is already being replaced or upgraded to higher safety standards. Several criteria trigger such reconstruction, including: higher residential density per running mile in the one-fourth mile corridor straddling the easement; changes from agriculture to residential (more people) to commercial/industrial (higher value) structures adjacent to the easement; degradation of pipeline coating and corrosion both internal and external. It is prudent to not place core city facilities such as a state-of-the-art animal shelter near this easement as such pipeline work disrupts traffic and access for months on end. With these points fully considered; with more public input and survey results in -hand; and with some available funding reality checks, it may appear that at this time the best course is to turn the 30 acres back into ag production rather than leave it fallow or create any animal park alternative. This would be an acceptable outcome for most nearby property owners, in my opinion. BTW I own neither a horse nor a dog. Please include these comments verbatim with those submitted by other property owners and include in the official record of this P & R study/proposal. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 16, 2010 PROJECT NUMBER ITEM # $j> PROJECT NAME Borup Property Park Concepts Plan PLEASE PRINT NAME ✓ I o , Le �j ✓ I o , Le �j O Vx �1: h cL _ , �J Y y- An s r9� )4 RECEIV D NOV 16 2010 CITY OFCf4�Nr- CITY CLERKS OFFICE -,1 e U� yo,, J